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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3126 By: West (Kevin)
AS INTRODUCED
An Act relating to the Commissioners of the Land
Office; requiring annual transfer of permanent school
funds to fund concurrent enrollment; limiting
expenditure to the Oklahoma State Regents for Higher
Education; prohibiting use of funds for any other
purpose; directing State Regents to determine amount
of funds; amending 64 O.S. 2021, Section 1069, which
relates to proceeds from bonuses, royalties, and
other inducements; creating the Concurrent Enrollment
Revolving Fund; providing for deposit of bonuses and
delay rental income; making the fund a continuing
fund; making deposit of income contingent upon
certain determination by the Commissioners; providing
for investment of monies in the fund; requiring
interest to be credited to the fund; amending 70 O.S.
2021, Section 18-200.1, which relates to the State
Aid Formula; providing certain exception in
calculating state apportionment portion of Foundation
Program Income; providing for codification; providing
an effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 18-500 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. For the fiscal year ending June 30, 2027, and for each
fiscal year thereafter, and pursuant to the provisions of Section 3
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of Article XI of the Oklahoma Constitution and other applicable
provisions of law, the Commissioners of the Land Office shall
transfer from the permanent school funds to the Oklahoma State
Regents for Higher Education the monies necessary to fund concurrent
enrollment in college or university courses for eligible high school
students. This money shall be expended by the Oklahoma State
Regents for Higher Education exclusively and shall not be used for
any other purpose.
B. The Oklahoma State Regents for Higher Education shall
determine the amount of funds necessary to fund concurrent
enrollment based on the performance of the revenues generated by the
permanent school fund which are not already allocated for the use
and benefit of the common schools.
SECTION 2. AMENDATORY 64 O.S. 2021, Section 1069, is
amended to read as follows:
Section 1069. A. The proceeds derived in bonuses and royalties
and from other inducements and considerations for the execution and
operation of the oil and gas leases as authorized in this title,
except oil and gas leases on state-owned lands set apart and
designated for the use, benefit, and occupancy of state educational
institutions, shall be for the use and benefit of the lands which
were granted by the United States to the State of Oklahoma, and to
the territory now comprising the area embraced within the state,
under the provisions of the Enabling Act and any and all other Acts
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of Congress. Bonus and delay rental income received by the
Commissioners of the Land Office and other income as designated by
the Secretary of the Land Office for transfer and received by the
Commissioners of the Land Office may be distributed to current
beneficiaries in like manner as lease income received from surface
leases, except that if determined to be in the best interest of the
trust, the distributions may be made upon a schedule determined by a
five-year rolling average of bonus and delay rental income.
B. There is hereby created a revolving fund for the
Commissioners of the Land Office to be designated the "Multiyear
Education Distribution Stabilization Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of bonus and delay rental income received by the
Commission Commissioners of the Land Office, if it is determined by
the Commission Commissioners of the Land Office to be in the best
interest of the trust to make distributions of the income upon a
five-year rolling average schedule as authorized in subsection A of
this section. Monies in the fund may be invested by the State
Treasurer in the manner prescribed in Section 89.1a et seq. of Title
62 of the Oklahoma Statutes. Interest income derived from the
investment of monies in the fund shall be credited to and placed in
the fund.
C. There is hereby created a revolving fund for the
Commissioners of the Land Office to be designated the "Concurrent
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Enrollment Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of bonus
and delay rental income received by the Commissioners of the Land
Office, if it is determined by the Commissioners of the Land Office
to be in the best interest of the trust to make distributions of the
income upon a five-year rolling average schedule as authorized in
subsection A of this section. Monies in the fund may be invested by
the State Treasurer in the manner prescribed in Section 89.1a et
seq. of Title 62 of the Oklahoma Statutes. Interest income derived
from the investment of monies in the fund shall be credited to and
placed in the fund.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 18-200.1, is
amended to read as follows:
Section 18-200.1. A. Beginning with the 2022-2023 school year,
and each school year thereafter, each school district shall have its
initial allocation of State Aid calculated based on the state
dedicated revenues actually collected during the preceding fiscal
year, the adjusted assessed valuation of the preceding year and the
weighted average daily membership for the school district of the
preceding school year. Each school district shall submit the
following data based on the first nine (9) weeks, to be used in the
calculation of the average daily membership of the school district:
1. Student enrollment by grade level;
2. Pupil category counts; and
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3. Transportation supplement data.
On or before December 30, the State Department of Education
shall determine each school district's current year allocation
pursuant to subsection D of this section. The State Department of
Education shall complete an audit, using procedures established by
the Department, of the student enrollment by grade level data, pupil
category counts and transportation supplement data to be used in the
State Aid Formula pursuant to subsection D of this section by
December 1 and by January 15 shall notify each school district of
the district's final State Aid allocation for the current school
year. The January payment of State Aid and each subsequent payment
for the remainder of the school year shall be based on the final
State Aid allocation as calculated in subsection D of this section.
Except for reductions made due to the assessment of penalties by the
State Department of Education according to law, the January payment
of State Aid and each subsequent payment for the remainder of the
school year shall not decrease by an amount more than the amount
that the current chargeable revenue increases for that district.
B. The State Department of Education shall retain not less than
one and one-half percent (1 1/2%) of the total funds appropriated
for financial support of schools, to be used to make midyear
adjustments in State Aid and which shall be reflected in the final
allocations. If the amount of appropriated funds, including the one
and one-half percent (1 1/2%) retained, remaining after January 1 of
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each year is not sufficient to fully fund the final allocations, the
Department shall recalculate each school district's remaining
allocation pursuant to subsection D of this section using the
reduced amount of appropriated funds.
C. On and after July 1, 1997, the amount of State Aid each
district shall receive shall be the sum of the Foundation Aid, the
Salary Incentive Aid and the Transportation Supplement, as adjusted
pursuant to the provisions of subsection G of this section and
Section 18-112.2 of this title; provided, no district having per
pupil revenue in excess of three hundred percent (300%) of the
average per pupil revenue of all districts shall receive any State
Aid or Supplement in State Aid.
The July calculation of per pupil revenue shall be determined by
dividing the district's second preceding year's total weighted
average daily membership (ADM) into the district's preceding year's
total revenues excluding federal revenue, insurance loss payments,
reimbursements, recovery of overpayments and refunds, unused
reserves, prior expenditures recovered, prior year surpluses, and
less the amount of any transfer fees paid in that year.
The December calculation of per pupil revenue shall be
determined by dividing the district's preceding year's total
weighted average daily membership (ADM) into the district's
preceding year's total revenues excluding federal revenue, insurance
loss payments, reimbursements, recovery of overpayments and refunds,
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unused reserves, prior expenditures recovered, prior year surpluses,
and less the amount of any transfer fees paid in that year.
D. For the 1997-98 school year, and each school year
thereafter, Foundation Aid, the Transportation Supplement and Salary
Incentive Aid shall be calculated as follows:
1. Foundation Aid shall be determined by subtracting the amount
of the Foundation Program Income from the cost of the Foundation
Program and adding to this difference the Transportation Supplement.
a. The Foundation Program shall be a district's higher
weighted average daily membership based on the first
nine (9) weeks of the current school year or the
preceding school year of a school district, as
determined by the provisions of subsection A of
Section 18-201.1 of this title and paragraphs 1, 2, 3
and 4 of subsection B of Section 18-201.1 of this
title, multiplied by the Base Foundation Support
Level. However, for the portion of weighted
membership derived from nonresident, transferred
pupils enrolled in online courses, the Foundation
Program shall be a district's weighted average daily
membership of the preceding school year or the first
nine (9) weeks of the current school year, whichever
is greater, as determined by the provisions of
subsection A of Section 18-201.1 of this title and
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paragraphs 1, 2, 3 and 4 of subsection B of Section
18-201.1 of this title, multiplied by the Base
Foundation Support Level.
b. The Foundation Program Income shall be the sum of the
following:
(1) The adjusted assessed valuation of the current
school year of the school district, minus the
previous year protested ad valorem tax revenues
held as prescribed in Section 2884 of Title 68 of
the Oklahoma Statutes, multiplied by the mills
levied pursuant to subsection (c) of Section 9 of
Article X of the Oklahoma Constitution, if
applicable, as adjusted in subsection (c) of
Section 8A of Article X of the Oklahoma
Constitution. For purposes of this subsection,
the "adjusted assessed valuation of the current
school year" shall be the adjusted assessed
valuation on which tax revenues are collected
during the current school year, and
(2) Seventy-five percent (75%) of the amount received
by the school district from the proceeds of the
county levy during the preceding fiscal year, as
levied pursuant to subsection (b) of Section 9 of
Article X of the Oklahoma Constitution, and
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(3) Motor Vehicle Collections, and
(4) Gross Production Tax, and
(5) State Apportionment, except for monies
distributed by the Commissioners of the Land
Office from the Concurrent Enrollment Revolving
Fund created by Section 2 of this act, and
(6) R.E.A. Tax.
The items listed in divisions (3), (4), (5), and (6)
of this subparagraph shall consist of the amounts
actually collected from such sources during the
preceding fiscal year calculated on a per capita basis
on the unit provided for by law for the distribution
of each such revenue.
2. The Transportation Supplement shall be equal to the average
daily haul times the per capita allowance times the appropriate
transportation factor.
a. The average daily haul shall be the number of children
in a district who are legally transported and who live
one and one-half (1 1/2) miles or more from school.
b. The per capita allowance shall be determined using the
following chart:
PER CAPITA PER CAPITA
DENSITY FIGURE ALLOWANCE DENSITY FIGURE ALLOWANCE
.3000 - .3083 $167.00 .9334 - .9599 $99.00
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.3084 - .3249 $165.00 .9600 - .9866 $97.00
.3250 - .3416 $163.00 .9867 - 1.1071 $95.00
.3417 - .3583 $161.00 1.1072 - 1.3214 $92.00
.3584 - .3749 $158.00 1.3215 - 1.5357 $90.00
.3750 - .3916 $156.00 1.5358 - 1.7499 $88.00
.3917 - .4083 $154.00 1.7500 - 1.9642 $86.00
.4084 - .4249 $152.00 1.9643 - 2.1785 $84.00
.4250 - .4416 $150.00 2.1786 - 2.3928 $81.00
.4417 - .4583 $147.00 2.3929 - 2.6249 $79.00
.4584 - .4749 $145.00 2.6250 - 2.8749 $77.00
.4750 - .4916 $143.00 2.8750 - 3.1249 $75.00
.4917 - .5083 $141.00 3.1250 - 3.3749 $73.00
.5084 - .5249 $139.00 3.3750 - 3.6666 $70.00
.5250 - .5416 $136.00 3.6667 - 3.9999 $68.00
.5417 - .5583 $134.00 4.0000 - 4.3333 $66.00
.5584 - .5749 $132.00 4.3334 - 4.6666 $64.00
.5750 - .5916 $130.00 4.6667 - 4.9999 $62.00
.5917 - .6133 $128.00 5.0000 - 5.5000 $59.00
.6134 - .6399 $125.00 5.5001 - 6.0000 $57.00
.6400 - .6666 $123.00 6.0001 - 6.5000 $55.00
.6667 - .6933 $121.00 6.5001 - 7.0000 $53.00
.6934 - .7199 $119.00 7.0001 - 7.3333 $51.00
.7200 - .7466 $117.00 7.3334 - 7.6667 $48.00
.7467 - .7733 $114.00 7.6668 - 8.0000 $46.00
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.7734 - .7999 $112.00 8.0001 - 8.3333 $44.00
.8000 - .8266 $110.00 8.3334 - 8.6667 $42.00
.8267 - .8533 $108.00 8.6668 - 9.0000 $40.00
.8534 - .8799 $106.00 9.0001 - 9.3333 $37.00
.8800 - .9066 $103.00 9.3334 - 9.6667 $35.00
.9067 - .9333 $101.00 9.6668 or more $33.00
c. The formula transportation factor shall be 1.39.
3. Salary Incentive Aid shall be determined as follows:
a. Multiply the Incentive Aid guarantee by the district's
higher weighted average daily membership based on the
first nine (9) weeks of the current school year or the
preceding school year of a school district, as
determined by the provisions of subsection A of
Section 18-201.1 of this title and paragraphs 1, 2, 3
and 4 of subsection B of Section 18-201.1 of this
title.
b. Divide the district's adjusted assessed valuation of
the current school year minus the previous year's
protested ad valorem tax revenues held as prescribed
in Section 2884 of Title 68 of the Oklahoma Statutes,
by one thousand (1,000) and subtract the quotient from
the product of subparagraph a of this paragraph. The
remainder shall not be less than zero (0).
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c. Multiply the number of mills levied for general fund
purposes above the fifteen (15) mills required to
support Foundation Aid pursuant to division (1) of
subparagraph b of paragraph 1 of this subsection, not
including the county four-mill levy, by the remainder
of subparagraph b of this paragraph. The product
shall be the Salary Incentive Aid of the district.
E. By June 30, 1998, the State Department of Education shall
develop and the Department and all school districts shall have
implemented a student identification system which is consistent with
the provisions of subsections C and D of Section 3111 of Title 74 of
the Oklahoma Statutes. The student identification system shall be
used specifically for the purpose of reporting enrollment data by
school sites and by school districts, the administration of the
Oklahoma School Testing Program Act, the collection of appropriate
and necessary data pursuant to the Oklahoma Educational Indicators
Program, determining student enrollment, establishing a student
mobility rate, allocation of the State Aid Formula and midyear
adjustments in funding for student growth. This enrollment data
shall be submitted to the State Department of Education in
accordance with rules promulgated by the State Board of Education.
Funding for the development, implementation, personnel training and
maintenance of the student identification system shall be set out in
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a separate line item in the allocation section of the appropriation
bill for the State Board of Education for each year.
F. 1. In the event that ad valorem taxes of a school district
are determined to be uncollectible because of bankruptcy, clerical
error, or a successful tax protest, and the amount of such taxes
deemed uncollectible exceeds Fifty Thousand Dollars ($50,000.00) or
an amount greater than twenty-five percent (25%) of ad valorem taxes
per tax year, or the valuation of a district is lowered by order of
the State Board of Equalization, the school district's State Aid,
for the school year that such ad valorem taxes are calculated in the
State Aid Formula, shall be determined by subtracting the net
assessed valuation of the property upon which taxes were deemed
uncollectible from the assessed valuation of the school district and
the state. Upon request of the local board of education, it shall
be the duty of the county assessor to certify to the Director of
Finance of the State Department of Education the net assessed
valuation of the property upon which taxes were determined
uncollectible.
2. In the event that the amount of funds a school district
receives for reimbursement from the Ad Valorem Reimbursement Fund is
less than the amount of funds claimed for reimbursement by the
school district due to insufficiency of funds as provided in Section
193 of Title 62 of the Oklahoma Statutes, then the school district's
assessed valuation for the school year that such ad valorem
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reimbursement is calculated in the State Aid Formula shall be
adjusted accordingly.
G. 1. Notwithstanding the provisions of Section 18-112.2 of
this title, a school district shall have its State Aid reduced by an
amount equal to the amount of carryover in the general fund of the
district as of June 30 of the preceding fiscal year, that is in
excess of the following standards for two (2) consecutive years:
Total Amount of Amount of
General Fund Collections, General Fund
Excluding Previous Year Balance
Cash Surplus as of June 30 Allowable
Less than $1,000,000 48%
$1,000,000 - $2,999,999 42%
$3,000,000 - $3,999,999 36%
$4,000,000 - $4,999,999 30%
$5,000,000 - $5,999,999 24%
$6,000,000 - $7,999,999 22%
$8,000,000 - $9,999,999 19%
$10,000,000 or more 17%
2. By February 1 the State Department of Education shall send
by certified mail, with return receipt requested, to each School
District Superintendent, Auditor and Regional Accreditation Officer
a notice of and calculation sheet reflecting the general fund
balance penalty to be assessed against that school district.
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Calculation of the general fund balance penalty shall not include
federal revenue. Within thirty (30) days of receipt of this written
notice the school district shall submit to the Department a written
reply either accepting or protesting the penalty to be assessed
against the district. If protesting, the school district shall
submit with its reply the reasons for rejecting the calculations and
documentation supporting those reasons. The Department shall review
all school district penalty protest documentation and notify each
district by March 15 of its finding and the final penalty to be
assessed to each district. General fund balance penalties shall be
assessed to all school districts by April 1.
3. Any school district which receives proceeds from a tax
settlement or a Federal Emergency Management Agency settlement
during the last two (2) months of the preceding fiscal year shall be
exempt from the penalties assessed in this subsection, if the
penalty would occur solely as a result of receiving funds from the
tax settlement.
4. Any school district which receives an increase in State Aid
because of a change in Foundation and/or Salary Incentive Aid
factors during the last two (2) months of the preceding fiscal year
shall be exempt from the penalties assessed in this subsection, if
the penalty would occur solely as a result of receiving funds from
the increase in State Aid.
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5. If a school district does not receive Foundation and/or
Salary Incentive Aid during the preceding fiscal year, the State
Board of Education may waive the penalty assessed in this subsection
if the penalty would result in a loss of more than forty percent
(40%) of the remaining State Aid to be allocated to the school
district between April 1 and the remainder of the school year and if
the Board determines the penalty will cause the school district not
to meet remaining financial obligations.
6. Any school district which receives gross production revenue
apportionment during the 2002-2003 school year or in any subsequent
school year that is greater than the gross production revenue
apportionment of the preceding school year shall be exempt from the
penalty assessed in this subsection, if the penalty would occur
solely as a result of the gross production revenue apportionment, as
determined by the State Board of Education.
7. Beginning July 1, 2003, school districts that participate in
consolidation or annexation pursuant to the provisions of the
Oklahoma School Voluntary Consolidation and Annexation Act shall be
exempt from the penalty assessed in this subsection for the school
year in which the consolidation or annexation occurs and for the
next three (3) fiscal years.
8. Any school district which receives proceeds from a sales tax
levied by a municipality pursuant to Section 22-159 of Title 11 of
the Oklahoma Statutes or proceeds from a sales tax levied by a
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county pursuant to Section 1370 of Title 68 of the Oklahoma Statutes
during the 2003-2004 school year or the 2004-2005 school year shall
be exempt from the penalties assessed in this subsection, if the
penalty would occur solely as a result of receiving funds from the
sales tax levy.
9. Any school district which has an amount of carryover in the
general fund of the district in excess of the limits established in
paragraph 1 of this subsection during the fiscal years beginning
July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, shall
not be assessed a general fund balance penalty as provided for in
this subsection.
10. For purposes of calculating the general fund balance
penalty, the terms "carryover" and "general fund balance" shall not
include federal revenue.
H. In order to provide startup funds for the implementation of
early childhood programs, State Aid may be advanced to school
districts that initially start early childhood instruction at a
school site. School districts that desire such advanced funding
shall make application to the State Department of Education no later
than September 15 of each year and advanced funding shall be awarded
to the approved districts no later than October 30. The advanced
funding shall not exceed the per pupil amount of State Aid as
calculated in subsection D of this section per anticipated Head
Start eligible student. The total amount of advanced funding shall
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be proportionately reduced from the monthly payments of the
district's State Aid payments during the last six (6) months of the
same fiscal year.
I. 1. Beginning July 1, 1996, the Oklahoma Tax Commission,
notwithstanding any provision of law to the contrary, shall report
monthly to the State Department of Education the monthly
apportionment of the following information:
a. the assessed valuation of property,
b. motor vehicle collections,
c. R.E.A. tax collected, and
d. gross productions tax collected.
2. Beginning July 1, 1997, the State Auditor and Inspector's
Office, notwithstanding any provision of law to the contrary, shall
report monthly to the State Department of Education the monthly
apportionment of the proceeds of the county levy.
3. Beginning July 1, 1996, the Commissioners of the Land
Office, notwithstanding any provision of law to the contrary, shall
report monthly to the State Department of Education the monthly
apportionment of state apportionment.
4. Beginning July 1, 1997, the county treasurers' offices,
notwithstanding any provision of law to the contrary, shall report
monthly to the State Department of Education the ad valorem tax
protest amounts for each county.
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5. The information reported by the Tax Commission, the State
Auditor and Inspector's Office, the county treasurers' offices and
the Commissioners of the Land Office, pursuant to this subsection
shall be reported by school district districts on forms developed by
the State Department of Education.
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.
60-2-15270 AQH 12/07/25