Okla. Stat. tit. 70, § 70-18-113.3

may instruct during school day - Penalties - Exemptions.

A. Class size, as used in Section 18-113.1 and Section 18-113.2

of this title, shall be determined by the average daily membership

divided by the full-time equivalency of the instructional staff

assigned to each grade level by site. Full-time equivalency of

special education teachers, Chapter 1 teachers, and teachers of

classes not subject to class size limitations and the average daily

membership of self-contained special education classes shall not be

counted in class size computation.

B. As used in this section, self-contained special education

classes are those classes whose students attend the same class for

three (3) or more class periods and who have individualized

education plans.

C. Beginning with the 1996-97 school year and each school year

thereafter, no teacher who is counted in class size count for grades

seven through twelve shall be responsible for the instruction of

Oklahoma Statutes - Title 70. Schools Page 831

more than one hundred forty (140) students on any given six-hour

school day. Class size count shall be taken during the month of

October of each school year on a date set by the State Board of

Education. If the class size count is in excess of the limits set

forth in this subsection, the school district shall be subject to

the penalties provided for in this section.

D. Students within a class which is not subject to class size

limitations pursuant to subsection D of Section 18-113.1 of this

title shall not be counted for purposes of the limitations set forth

in subsection C of this section.

E. No school district shall be penalized for exceeding class

size limitations set forth in this section if the limitations are

exceeded beginning after the first nine (9) weeks of the school

year.

F. The first year that a school district exceeds the class size

membership limitation as established and computed in subsection C of

this section, the district shall receive as a penalty a reduction in

the State Aid for the district. For each child in excess of the

class size limitation, the reduction in State Aid to the district

shall be determined as follows:

1. Multiply the averaged number of the October class size count

of pupils which is in excess of the class size membership limit as

provided for in subsection C of this section by the grade weight and

by the Base Foundation Support Level for the current school year;

2. Multiply the averaged number of the October class size count

of pupils which is in excess of the class size membership limit as

provided for in subsection C of this section by the grade level

weight and by the Incentive Aid guarantee for the current school

year times twenty (20); and

3. Sum the products of paragraphs 1 and 2 of this subsection.

G. If a school district exceeds the class size membership

limitation as established and computed in subsection C of this

section for two (2) consecutive years, the district shall receive as

a penalty denial of accreditation in accordance with the

requirements of Section 3-104.4 of this title.

H. For the purpose of determining whether a penalty for

exceeding class size limitations shall apply, a federally funded

bilingual assistant shall not qualify as a teacher's assistant.

I. Any school district which at the beginning of the school

year does not have sufficient classrooms to meet the class size

limitation provided for in this section as determined by guidelines

established by the State Board of Education shall not be penalized

for failure to meet the class size limitations provided for in this

section if:

1. The school district has voted indebtedness, at any time

within the five (5) years preceding the year the district exceeds

the class size limitations or during the year the district exceeds

Oklahoma Statutes - Title 70. Schools Page 832

the class size limitations, through the issuance of bonds or
be penalized

for failure to meet the class size limitations provided for in this

section if:

1. The school district has voted indebtedness, at any time

within the five (5) years preceding the year the district exceeds

the class size limitations or during the year the district exceeds

Oklahoma Statutes - Title 70. Schools Page 832

the class size limitations, through the issuance of bonds or

approval by voters of issuance of new bonds for more than eighty-

five percent (85%) of the maximum allowable pursuant to the

provisions of Section 26 of Article X of the Oklahoma Constitution

as shown on the school district budget filed with the State

Equalization Board for the current school year and certifications by

the Attorney General prior to February 1 of the current school year;

and

2. On the date of filing of the school district budget with the

State Equalization Board, the school district is voting the maximum

millage allowable for the support, maintenance and construction of

schools as provided for in subsections (a), (c), (d) and (d-1) of

Section 9 of Article X of the Oklahoma Constitution and Section 10

of Article X of the Oklahoma Constitution.

J. Any school district which exceeds the class size limitations

as set forth in this section shall submit a written report to the

State Board of Education, on or before July 1 of each year, setting

forth the procedures that the district will follow in order to

comply with this section.

K. School districts which receive state-appropriated funds

pursuant to the provisions of Section 18-112.2 of this title and do

not comply with the provisions of this section shall be subject to

loss of State Aid for each child in excess of the class size

limitations as specified in this section.