Okla. Stat. tit. 70, § 70-6-127

Qualifications - Duties - Students to be included in meeting

percentage requirement - Bilingual assistants not to qualify as.

A. Beginning with the 1990-91 school year, every school site

shall employ a teacher's assistant or use a volunteer for each class

in grades kindergarten through two which has a class size of more

Oklahoma Statutes - Title 70. Schools Page 396

than twenty (20) students in average daily membership as of

September 15 of each year and which is composed of students, at

least twenty percent (20%) of whom meet the criteria specified in

subsection B of this section; provided, this requirement shall not

apply to classes that are not subject to class size limitations

pursuant to subsection D of Section 18-113.1 of this title or to

pull-out sections for Chapter 1 or to Special Education students.

Assistants shall be required as of September 15 of each year. The

State Board of Education shall establish regulations that prescribe

the qualifications for and duties of teacher assistants in public

schools. The State Board of Education shall also establish

standards and regulations which provide for a determination of how

and when eacher assistants may be used as an appropriate and

necessary part of classroom instruction. In addition to any other

duties which the Board may deem appropriate, teacher assistants may

perform or assist a classroom teacher in the performance of hallroom

duty, bus duty, playground duty, lunchroom duty, extracurricular

activities involving school functions or any other noninstructional

duty the Board may prescribe. Provided, nothing in this section

shall construe teacher assistants to be defined as personnel as set

out in Section 6-108 of this title or require teacher assistants to

possess the certification required for teachers.

B. Any student who meets the criteria established by the State

Board which are commensurate with established eligibility criteria

for participation in the National School Lunch Act of 1946, 42

U.S.C. Section 1751 et seq. as amended, shall be included in the

percentage necessary to meet the requirement of subsection A of this

section for the entitlement to a teacher's assistant for such class.

C. For the purposes of this section, and for Sections 18-113.1

and 18-113.2 of this title, a federally funded bilingual assistant

shall not qualify as a teacher's assistant.