SECTION 210:35-5-42. Elementary school class size

(a)   Kindergarten. For the purpose of computing and paying state-appropriated funds, children in kindergarten shall not be assigned to a teacher or class that includes more than 20 students. If the creation of an additional class would cause the class to have fewer than 10 students, class size limitations shall not apply if a teacher's assistant is employed to serve full-time with each class which exceeds the class size limitation.

(b)   Grades one, two, and three. For the purpose of computing and paying state-appropriated funds, children in grades 1, 2, and 3 shall not be assigned to a teacher or class that includes more than 20 students. If the creation of an additional class would cause the class to have fewer than 10 students, class size limitations shall not apply if a teacher's assistant is employed to serve full-time with each class which exceeds the class size limitation.

(c)   Grades four, five, and six.

(1)   For the purpose of computing and paying state-appropriated funds, children in grades 4, 5, and 6 shall not be assigned to a teacher of a class that includes more than 20 students. If the creation of an additional class would cause the class to have fewer than 16 students, the class size penalty shall not apply.

(2)    For the purpose of computing and paying state-appropriated funds, if a school district groups its grades as grades 1 through 5, grades 6 through 8, and grades 9 through 12, then as to such district the class size provisions of (c) (1) of this section shall apply to grades 4 and 5 rather than grades 4 through 6 and the class size provisions of (d) (1) of this section shall apply to grades 6 through 8 rather than grades 7 through 9. [Reference: 70:18-113.1 (E)]

(d)   Grades seven and eight. No teacher who is counted in class size computation for grades 7 and 8 shall be responsible for the instruction of more than 140 students on any given 6 hour school day. [70:18-113.3 (C)]

(e)   Physical Education, Chorus, Band, Orchestra, other similar Music classes. Classes in Physical Education, Chorus, Band, Orchestra, and other similar music classes shall not be subject to the class size limitations. [Reference: 70:18-113.1 (C)]

(f)   Minimum scheduled time for planning and/or preparation and consultation. A minimum of 200 minutes of scheduled time shall be provided each week for each classroom teacher for individual planning and/or preparation and consultation.

[Source: Added at 8 Ok Reg 2159, eff 5-17-91 (emergency); Added at 9 Ok Reg 2371, eff 7-13-92; Amended at 10 Ok Reg 4591, eff 9-2-93 (emergency); Amended at 11 Ok Reg 2599, eff 6-13-94; Amended at 14 Ok Reg 3361, eff 5-5-97 (emergency); Amended at 15 Ok Reg 2306, eff 6-11-98; Amended at 19 Ok Reg 20, eff 9-17-01 (emergency); Amended at 19 Ok Reg 982, eff 5-13-02]