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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 698 By: Pugh
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to schools; amending 70 O.S. 2021,
7 Sections 18-113.1, 18-113.2, 18-113.3, and 18-113.4,
8 which relate to class size limitations; modifying
8 date after which penalties are to be applied for
9 exceeding certain class size limitations; modifying
9 classes that are not subject to class size
10 limitations; removing ability for State Board of
10 Education to set certain date; updating statutory
11 language; providing an effective date; and declaring
11 an emergency.
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 18-113.1, is
15
16 amended to read as follows:
16
17 Section 18-113.1. A. The provisions of this subsection shall
17
18 apply only to grades one through three.
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19 1. Except as otherwise provided for in this section, no child
19
20 shall be included in the average daily membership of a school
20
21 district for the purpose of computing and paying state-appropriated
21
22 funds if that child is regularly assigned to a teacher or to a class
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23 that includes more than twenty (20) students.
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Req. No. 1364 Page 1
1 2. If a class or classes in a grade exceed the class size
1
2 limitation provided for in this subsection, the class size
2
3 limitation and penalty shall not apply if:
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4 a. the creation of an additional class would cause a
4
5 class to have fewer than ten (10) students;, and
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6 b. a teacher's assistant, as defined in Section 6-127 of
6
7 this title, is employed to serve with each teacher in
7
8 a class that exceeds the class size limitation
8
9 provided for in this subsection.
9
10 3. No school district shall be penalized for exceeding class
10
11 size limitations set forth in this subsection if the limitations are
11
12 exceeded beginning after the first nine (9) weeks October 1 of the
12
13 each school year.
13
14 Any school district found to be in violation of the provisions
14
15 of this subsection shall receive a penalty in the State Aid formula
15
16 as a reduction to State Aid to be determined as follows:
16
17 a. Multiply multiply each pupil in excess of the class
17
18 size membership limit as provided in this subsection
18
19 by the grade level weight and by the Base Foundation
19
20 Support Level for the current school year, and
20
21 b. Multiply multiply each pupil in excess of the class
21
22 size membership limit as provided in this subsection
22
23 by the grade level weight and by the Salary Incentive
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24
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Req. No. 1364 Page 2
1 Aid guarantee for the current school year times twenty
1
2 (20), and
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3 c. Sum sum the products of subparagraphs a and b of this
3
4 paragraph.
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5 B. The provisions of this subsection shall apply only to grades
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6 four through six.
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7 1. Except as otherwise provided for in this section, no child
7
8 shall be included in the average daily membership of a school
8
9 district for the purpose of computing and paying state-appropriated
9
10 funds if that child is regularly assigned to a teacher or to a class
10
11 that includes more than twenty (20) students.
11
12 2. If a class or classes in a grade exceed the class size
12
13 limitation provided for in this subsection, the class size
13
14 limitation and penalty shall not apply if the creation of an
14
15 additional class would cause a class to have fewer than sixteen (16)
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16 students.
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17 3. No school district shall be penalized for exceeding class
17
18 size limitations set forth in this subsection if the limitations are
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19 exceeded beginning after the first nine (9) weeks October 1 of the
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20 each school year.
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21 4. Any school district found to be in violation of the
21
22 provisions of this subsection shall receive a penalty in the State
22
23 Aid formula as a reduction to State Aid to be determined as follows:
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Req. No. 1364 Page 3
1 a. Multiply multiply each pupil in excess of the class
1
2 size membership limit as provided in this subsection
2
3 by the grade level weight and by the Base Foundation
3
4 Support Level for the current school year, and
4
5 b. Multiply multiply each pupil in excess of the class
5
6 size membership limit as provided in this subsection
6
7 by the grade level weight and by the Salary Incentive
7
8 Aid guarantee for the current school year times twenty
8
9 (20), and
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10 c. Sum sum the products of subparagraphs a and b of this
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11 paragraph.
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12 C. Classes in under the following subjects subject code
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13 umbrellas shall not be subject to the class size limitations
13
14 provided for in subsections A and B of this section:
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15 1. Physical education; and
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16 2. Chorus, band, orchestra and similar music classes Fine arts;
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17 3. Careers/exploration; and
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18 4. Library science.
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19 D. If a school district groups its grades as grades one through
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20 five, grades six through eight, and grades nine through twelve, then
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21 as to such district the provisions of subsection B of this section
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22 shall apply to grades four and five rather than grades four through
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23 six, and the provisions of Section 18-113.3 of this title shall
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24 apply to grades six through twelve.
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Req. No. 1364 Page 4
1 E. Any violations of the provisions of this section shall
1
2 result in denial of accreditation in accordance with the
2
3 requirements of Section 3-104.4 of this title.
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4 F. Any school district which at the beginning of the school
4
5 year does not have sufficient classrooms to meet the class size
5
6 limitation provided for in this section as determined by guidelines
6
7 established by the State Board of Education shall not be penalized
7
8 for failure to meet the class size limitations provided for in this
8
9 section if:
9
10 a. the
10
11 1. The school district has voted indebtedness, at any time
11
12 within the five (5) years preceding the year the district exceeds
12
13 the class size limitations or during the year the district exceeds
13
14 the class size limitations, through the issuance of bonds or
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15 approval by voters of issuance of new bonds for more than eighty-
15
16 five percent (85%) of the maximum allowable pursuant to the
16
17 provisions of Section 26 of Article X of the Oklahoma Constitution
17
18 as shown on the school district budget filed with the State
18
19 Equalization Board of Equalization for the current school year and
19
20 certifications by the Attorney General prior to February 1 of the
20
21 current school year; and
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22 b. on
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23 2. On the date of filing of the school district budget with the
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24 State Equalization Board of Equalization, the school district is
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Req. No. 1364 Page 5
1 voting the maximum millage allowable for the support, maintenance,
1
2 and construction of schools as provided for in subsections (a), (c),
2
3 (d), and (d-1) of Section 9 of Article X of the Oklahoma
3
4 Constitution and Section 10 of Article X of the Oklahoma
4
5 Constitution.
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6 G. Any school district which exceeds the class size limitations
6
7 as set forth in this section shall submit a written report to the
7
8 State Board of Education, on or before July 1 of each year, setting
8
9 forth the procedures that the district will follow in order to
9
10 comply with this section.
10
11 H. School districts which receive state-appropriated funds
11
12 pursuant to the provisions of Section 18-112.2 of this title and do
12
13 not comply with the provisions of this section shall be subject to
13
14 loss of State Aid for each child in excess of the class size
14
15 limitations specified in this section.
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16 SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-113.2, is
16
17 amended to read as follows:
17
18 Section 18-113.2. A. The provisions of this section shall
18
19 apply only to kindergarten.
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20 1. No child shall be included in the average daily membership
20
21 of a school district for the purpose of computing and paying state-
21
22 appropriated funds if that child is regularly assigned to a teacher
22
23 or to a class that includes more than twenty (20) students.
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Req. No. 1364 Page 6
1 2. If a class or classes in a grade exceed the class size
1
2 limitation provided for in this subsection, the class size
2
3 limitation and penalty shall not apply if:
3
4 a. the creation of an additional class would cause a
4
5 class to have fewer than ten (10) students;, and
5
6 b. a teacher's assistant, as defined in Section 6-127 of
6
7 this title, is employed to serve with each teacher in
7
8 a class that exceeds the class size limitation
8
9 provided for in this subsection.
9
10 3. No school district shall be penalized for exceeding class
10
11 size limitations set forth in this section if the limitations are
11
12 exceeded beginning after the first nine (9) weeks October 1 of the
12
13 each school year.
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14 4. Any school district which at the beginning of the school
14
15 year does not have sufficient classrooms to meet the class size
15
16 limitation provided for in this section as determined by guidelines
16
17 established by the State Board of Education shall not be penalized
17
18 for failure to meet the class size limitations provided for in this
18
19 section if:
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20 a. the school district has voted indebtedness, at any
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21 time within the five (5) years preceding the year the
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22 district exceeds the class size limitations or during
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23 the year the district exceeds the class size
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24 limitations, through the issuance of bonds or approval
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Req. No. 1364 Page 7
1 by voters of issuance of new bonds for more than
1
2 eighty-five percent (85%) of the maximum allowable
2
3 pursuant to the provisions of Section 26 of Article X
3
4 of the Oklahoma Constitution as shown on the school
4
5 district budget filed with the State Equalization
5
6 Board of Equalization for the current school year and
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7 certifications by the Attorney General prior to
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8 February 1 of the current school year;, and
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9 b. on the date of filing of the school district budget
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10 with the State Equalization Board of Equalization, the
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11 school district is voting the maximum millage
11
12 allowable for the support, maintenance, and
12
13 construction of schools as provided for in subsections
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14 (a), (c), (d), and (d-1) of Section 9 of Article X of
14
15 the Oklahoma Constitution and Section 10 of Article X
15
16 of the Oklahoma Constitution.
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17 5. Any school district found to be in violation of the
17
18 provisions of this subsection shall receive a penalty in the State
18
19 Aid formula as a reduction to State Aid to be determined as follows:
19
20 a. Multiply multiply each pupil in excess of the class
20
21 size membership limit as provided in this subsection
21
22 by the grade level weight and by the Base Foundation
22
23 Support Level for the current school year, and
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24
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Req. No. 1364 Page 8
1 b. Multiply multiply each pupil in excess of the class
1
2 size membership limit as provided in this subsection
2
3 by the grade level weight and by the Salary Incentive
3
4 Aid guarantee for the current school year times twenty
4
5 (20), and
5
6 c. Sum sum the products of subparagraphs a and b of this
6
7 paragraph.
7
8 B. Any violations of the provisions of this section shall
8
9 result in denial of accreditation in accordance with the
9
10 requirements of Section 3-104.4 of this title.
10
11 C. School districts which receive state-appropriated funds
11
12 pursuant to the provisions of Section 18-112.2 of this title and do
12
13 not comply with the provisions of this section shall be subject to
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14 loss of State Aid for each child in excess of the class size
14
15 limitations specified in this section.
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16 SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-113.3, is
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17 amended to read as follows:
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18 Section 18-113.3. A. Class size, as used in Section 18-113.1
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19 and Section 18-113.2 of this title, shall be determined by the
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20 average daily membership divided by the full-time equivalency of the
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21 instructional staff assigned to each grade level by site. Full-time
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22 equivalency of special education teachers, Chapter 1 teachers, and
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23 teachers of classes not subject to class size limitations and the
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Req. No. 1364 Page 9
1 average daily membership of self-contained special education classes
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2 shall not be counted in class size computation.
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3 B. As used in this section, self-contained special education
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4 classes are those classes whose students attend the same class for
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5 three (3) or more class periods and who have individualized
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6 education plans.
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7 C. Beginning with the 1996-97 school year and each school year
7
8 thereafter, no teacher who is counted in class size count for grades
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9 seven through twelve shall be responsible for the instruction of
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10 more than one hundred forty (140) students on any given six-hour
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11 school day. Class size count shall be taken during the month of
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12 October of each school year on a date set by the State Board of
12
13 Education on October 1. If the class size count is in excess of the
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14 limits set forth in this subsection, the school district shall be
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15 subject to the penalties provided for in this section.
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16 D. Students within a class which is not subject to class size
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17 limitations pursuant to subsection D of Section 18-113.1 of this
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18 title shall not be counted for purposes of the limitations set forth
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19 in subsection C of this section.
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20 E. No school district shall be penalized for exceeding class
20
21 size limitations set forth in this section if the limitations are
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22 exceeded beginning after the first nine (9) weeks October 1 of the
22
23 each school year.
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Req. No. 1364 Page 10
1 F. The first year that a school district exceeds the class size
1
2 membership limitation as established and computed in subsection C of
2
3 this section, the district shall receive as a penalty a reduction in
3
4 the State Aid for the district. For each child in excess of the
4
5 class size limitation, the reduction in State Aid to the district
5
6 shall be determined as follows:
6
7 1. Multiply the averaged number of the October 1 class size
7
8 count of pupils which is in excess of the class size membership
8
9 limit as provided for in subsection C of this section by the grade
9
10 weight and by the Base Foundation Support Level for the current
10
11 school year;
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12 2. Multiply the averaged number of the October 1 class size
12
13 count of pupils which is in excess of the class size membership
13
14 limit as provided for in subsection C of this section by the grade
14
15 level weight and by the Salary Incentive Aid guarantee for the
15
16 current school year times twenty (20); and
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17 3. Sum the products of paragraphs 1 and 2 of this subsection.
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18 G. If a school district exceeds the class size membership
18
19 limitation as established and computed in subsection C of this
19
20 section for two (2) consecutive years, the district shall receive as
20
21 a penalty denial of accreditation in accordance with the
21
22 requirements of Section 3-104.4 of this title.
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Req. No. 1364 Page 11
1 H. For the purpose of determining whether a penalty for
1
2 exceeding class size limitations shall apply, a federally funded
2
3 bilingual assistant shall not qualify as a teacher's assistant.
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4 I. Any school district which at the beginning of the school
4
5 year does not have sufficient classrooms to meet the class size
5
6 limitation provided for in this section as determined by guidelines
6
7 established by the State Board of Education shall not be penalized
7
8 for failure to meet the class size limitations provided for in this
8
9 section if:
9
10 1. The school district has voted indebtedness, at any time
10
11 within the five (5) years preceding the year the district exceeds
11
12 the class size limitations or during the year the district exceeds
12
13 the class size limitations, through the issuance of bonds or
13
14 approval by voters of issuance of new bonds for more than eighty-
14
15 five percent (85%) of the maximum allowable pursuant to the
15
16 provisions of Section 26 of Article X of the Oklahoma Constitution
16
17 as shown on the school district budget filed with the State
17
18 Equalization Board of Equalization for the current school year and
18
19 certifications by the Attorney General prior to February 1 of the
19
20 current school year; and
20
21 2. On the date of filing of the school district budget with the
21
22 State Equalization Board of Equalization, the school district is
22
23 voting the maximum millage allowable for the support, maintenance,
23
24 and construction of schools as provided for in subsections (a), (c),
24
Req. No. 1364 Page 12
1 (d), and (d-1) of Section 9 of Article X of the Oklahoma
1
2 Constitution and Section 10 of Article X of the Oklahoma
2
3 Constitution.
3
4 J. Any school district which exceeds the class size limitations
4
5 as set forth in this section shall submit a written report to the
5
6 State Board of Education, on or before July 1 of each year, setting
6
7 forth the procedures that the district will follow in order to
7
8 comply with this section.
8
9 K. School districts which receive state-appropriated funds
9
10 pursuant to the provisions of Section 18-112.2 of this title and do
10
11 not comply with the provisions of this section shall be subject to
11
12 loss of State Aid for each child in excess of the class size
12
13 limitations as specified in this section.
13
14 SECTION 4. AMENDATORY 70 O.S. 2021, Section 18-113.4, is
14
15 amended to read as follows:
15
16 Section 18-113.4. A. Beginning with the 1997-98 school year,
16
17 the penalties for exceeding class size limitations established in
17
18 Sections 18-113.1, 18-113.2, and 18-113.3 of this title shall not
18
19 apply if the class size limitations, as set forth in said such
19
20 sections, are exceeded beginning after the first nine (9) weeks
20
21 October 1 of the each school year. If the class size limitations
21
22 are exceeded during the first nine (9) weeks prior to October 1 of
22
23 any school year, the penalties shall apply.
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24
24
Req. No. 1364 Page 13
1 B. For the purposes of calculating class size penalties
1
2 established in Sections 18-113.1, 18-113.2, and 18-113.3 of this
2
3 title, school districts shall use only the full-time-equivalency of
3
4 the instructional staff who are under contract to work the full
4
5 school year in question.
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6 C. Beginning July 1, 2003, school districts that participate in
6
7 consolidation or annexation pursuant to the provisions of the
7
8 Oklahoma School Voluntary Consolidation and Annexation Act shall be
8
9 exempt from the provisions of Sections 18-113.1, 18-113.2, and 18-
9
10 113.3 of this title for the year in which the consolidation or
10
11 annexation occurs and for the next five (5) fiscal years.
11
12 SECTION 5. This act shall become effective July 1, 2025.
12
13 SECTION 6. It being immediately necessary for the preservation
13
14 of the public peace, health, or safety, an emergency is hereby
14
15 declared to exist, by reason whereof this act shall take effect and
15
16 be in full force from and after its passage and approval.
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