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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026
HOUSE BILL 3019 By: Hays
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 6-127, which relates to teacher's assistants;
increasing and reducing class size required to have a
teacher's assistant for specific school years;
removing requirement for certain percentage of
reduced lunch eligible students to be present;
amending 70 O.S. 2021, Sections 18-113.1 and 18-
133.2, which relate to class size limitations;
increasing and reducing the maximum number of
students allowed per class in kindergarten through
fifth grades; eliminating certain exceptions to class
size limits; creating class size limitations for
classes with teacher's assistants; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-127, is
amended to read as follows:
Section 6-127. A. Beginning with For the 1990-91 2026-2027
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 than twenty (20) twenty-two (22)
students in average daily membership as of September 15 of each year
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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. For the 2027-2028 school year, every
school site shall employ a teacher's assistant for each class in
kindergarten which has a class size of more than twenty (20)
students in average daily membership as of September 15 of each
year. Beginning with the 2028-2029 school year, and each school
year thereafter, every school site shall employ a teacher's
assistant for each class in kindergarten which has a class size of
more than eighteen (18) students in average daily membership as of
September 15 of each year. The requirements of this subsection
shall not apply to classes that are not subject to class size
limitations pursuant to subsection D C 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 teacher 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 hall
room duty, bus duty, playground duty, lunchroom duty,
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extracurricular activities volving 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
Kindergarten classes with a teacher's assistant shall not exceed
twenty-eight (28) students; provided, this requirement shall not
apply to classes that are not subject to class size limitations
pursuant to subsection C of Section 18-113.1 of this title.
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.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 18-113.1, is
amended to read as follows:
Section 18-113.1. A. The provisions of this subsection shall
apply only to grades one through three five.
Commented [1]: BDERIV
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1. Except For the 2026-2027 school year, except as otherwise
provided for in this section, no child shall be included in the
average daily membership of a school district for the purpose of
computing and paying state-appropriated funds if that child is
regularly assigned to a teacher or to a class that includes more
than twenty-two (22) students. For the 2027-2028 school year,
except as otherwise provided for in this section, no child shall be
included in the average daily membership of a school district for
the purpose of computing and paying state-appropriated funds if that
child is regularly assigned to a teacher or to a class that includes
more than twenty (20) students. Beginning with the 2028-2029 school
year, except as otherwise provided for in this section, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state-appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than eighteen (18) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if:
a. the creation of an additional class would cause a
class to have fewer than ten (10) students; and
b. a full time teacher's assistant, as defined in Section 6-
127 of this title, is employed to serve with each teacher in a class
that exceeds the class size limitation provided for in this
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subsection; provided such class sizes shall not exceed twenty-eight
(28) students.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning after the first nine (9) weeks of the school
year.
Any school district found to be in violation of the provisions
of this subsection shall receive a penalty in the State Aid formula
as a reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
B. The provisions of this subsection shall apply only to grades
four through grade six.
1. Except as otherwise provided for in this section, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state-appropriated
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funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if the creation of an
additional class would cause a class to have fewer than sixteen (16)
students.
3. No school district shall be penalized for exceeding class
size limitations set forth in this subsection if the limitations are
exceeded beginning after the first nine (9) weeks of the school
year.
4. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
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C. Classes in the following subjects shall not be subject to
the class size limitations provided for in subsections A and B of
this section:
1. Physical education; and
2. Chorus, band, orchestra and similar music classes.
D. If a school district groups its grades as grades one through
five, grades six through eight, and grades nine through twelve, then
as to such district the provisions of subsection B of this section
shall not apply to grades four and five rather than grades four
through grade six, and the provisions of Section 18-113.3 of this
title shall apply to grades six through twelve.
E. Any violations of the provisions of this section shall
result in denial of accreditation in accordance with the
requirements of Section 3-104.4 of this title.
F. 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:
a. 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 the class size
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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
b. 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.
G. 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.
H. School districts which receive state-appropriated funds
pursuant to the provisions of Section 18-112.2 of this title and do
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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 specified in this section.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-113.2, is
amended to read as follows:
Section 18-113.2. A. The provisions of this section shall
apply only to kindergarten.
1. No For the 2026-2027 school year, no child shall be included
in the average daily membership of a school district for the purpose
of computing and paying state-appropriated funds if that child is
regularly assigned to a teacher or to a class that includes more
than twenty-two (22) students. For the 2027-2028 school year, no
child shall be included in the average daily membership of a school
district for the purpose of computing and paying state-appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than twenty (20) students. Beginning with the
2028-2029 school year, and each school year thereafter, no child
shall be included in the average daily membership of a school
district for the purpose of computing and paying state-appropriated
funds if that child is regularly assigned to a teacher or to a class
that includes more than eighteen (18) students.
2. If a class or classes in a grade exceed the class size
limitation provided for in this subsection, the class size
limitation and penalty shall not apply if:
Commented [2]: BDERIV
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a. the creation of an additional class would cause a
class to have fewer than ten (10) students; and
b. a full time teacher's assistant, as defined in Section 6-
127 of this title, is employed to serve with each teacher in a class
that exceeds the class size limitation provided for in this
subsection; provided such class sizes shall not exceed twenty-eight
(28) students.
3. 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.
4. 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:
a. 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 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
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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
b. 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.
5. 3. Any school district found to be in violation of the
provisions of this subsection shall receive a penalty in the State
Aid formula as a reduction to State Aid to be determined as follows:
a. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
grade level weight and by the Base Foundation Support
Level for the current school year, and
b. Multiply each pupil in excess of the class size
membership limit as provided in this subsection by the
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grade level weight and by the Incentive Aid guarantee
for the current school year times twenty (20), and
c. Sum the products of subparagraphs a and b of this
paragraph.
B. Any violations of the provisions of this section shall
result in denial of accreditation in accordance with the
requirements of Section 3-104.4 of this title.
C. 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 specified in this section.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-14157 SW 01/08/26