1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 1st Session of the 59th Legislature (2023) | | | 4|HOUSE BILL 1936 By: McCall | | | 5| | | | 6| | | | 7| AS INTRODUCED | | | 8| An Act relating to schools; requiring school | | districts to approve intra-district transfer of | 9| students; providing an exception if school site has | | reached capacity; directing selection of | 10| intra-district transfer students if capacity is | | exceeded; authorizing board of education to determine | 11| capacity; allowing intra-district transfer student to | | continue attendance; authorizing denial of continued | 12| intra-district transfer; permitting intra-district | | transfer for certain children living in a home; | 13| directing board to adopt policy for student capacity; | | setting deadline for adoption of policy; including | 14| preferential treatment for certain students in | | policy; authorizing inclusion of certain reasons for | 15| intra-district transfer denial; directing posting of | | policy on district website; requiring determination | 16| of intra-district capacity to be made by the first | | day of certain months; directing publication on | 17| school district website; directing submission of | | certain report to the State Department of Education; | 18| providing for codification; providing an effective | | date; and declaring an emergency. | 19| | | | 20| | | | 21| | | | 22|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 23| | | | 24| | | | arsid83040 HB1936 HFLR Page 1 ___________________________________________________________________________
1| SECTION 1. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 8-114 of Title 70, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A. Except as provided in subsection B of this section, | | | 5|beginning July 1, 2023, the transfer of a student from one school | | | 6|site to another school site within the school district where the | | | 7|student resides shall be approved at any time in the year, unless | | | 8|the grade level of the receiving school site has reached capacity. | | | 9|If the capacity of a grade level is insufficient to enroll all | | | 10|eligible students, the school district shall select intra-district | | | 11|transfer students based on the preferences outlined in paragraph 1 | | | 12|of subsection B of this section and then in the order in which the | | | 13|intra-district transfer applications were received. The capacity of | | | 14|a school site shall be determined by the school district board of | | | 15|education based on its policy adopted pursuant to subsection B of | | | 16|this section. A student may be granted a one-year intra-district | | | 17|transfer and may automatically continue to attend the school each | | | 18|school year to which the student transferred with the approval of | | | 19|the school district. At the end of each school year, a school | | | 20|district may deny continued intra-district transfer of the student | | | 21|for the reasons outlined in paragraphs 2 and 3 of subsection B of | | | 22|this section. Any sibling of a student who transfers intra-district | | | 23|may attend the school site to which the student transferred, if the | | | 24|school district policy gives preference to sibling transfers | | | arsid83040 HB1936 HFLR Page 2 ___________________________________________________________________________
1|regardless of capacity, and the sibling of the transferred student | | | 2|does not meet a basis for denial as outlined in paragraphs 2 and 3 | | | 3|of subsection B of this section. Any child in the custody of the | | | 4|Department of Human Services in foster care who is living in the | | | 5|home of a student who transfers intra-district, may attend the | | | 6|school site to which the student transferred. | | | 7| B. Each school district board of education shall adopt a policy | | | 8|to determine the number of intra-district transfer students the | | | 9|school district has the capacity to accept in each grade level for | | | 10|each school site within a school district no later than July 1, | | | 11|2023. The policy shall be publicly posted on the school district | | | 12|website. The policy: | | | 13| 1. Shall include an enrollment preference and reserve capacity | | | 14|for: | | | 15| a. students who reside in the school site boundary, | | | 16| b. students who attended the school site the prior | | | 17| school year, and | | | 18| c. siblings of students who are already enrolled at the | | | 19| school site; | | | 20| 2. May include the acts and reasons outlined in Section | | | 21|24-101.3 of Title 70 of the Oklahoma Statutes as a basis for denial | | | 22|of an intra-district transfer; and | | | 23| 3. May include a history of absences as a basis for denial of | | | 24|an intra-district transfer. For the purposes of this section, | | | arsid83040 HB1936 HFLR Page 3 ___________________________________________________________________________
1|"history of absences" means ten or more absences in one semester | | | 2|that are not excused for the reasons provided in subsection B of | | | 3|Section 10-105 of Title 70 of the Oklahoma Statutes or due to | | | 4|illness. | | | 5| C. By the first day of January, April, July, and October of | | | 6|each year, the school district board of education shall establish | | | 7|the number of intra-district transfer students the school district | | | 8|has the capacity to accept in each grade level for each school site | | | 9|within the district. | | | 10| D. After establishing the number of intra-district transfer | | | 11|students the school district has the capacity to accept in each | | | 12|grade level for each school site, the board of education shall: | | | 13| 1. Publish in a prominent place on the school district website | | | 14|the number of intra-district transfer students for each grade level | | | 15|for each school site within the school district which the district | | | 16|has the capacity to accept; and | | | 17| 2. Report to the State Department of Education the number of | | | 18|intra-district transfer students for each grade level for each | | | 19|school site within the school district which the district has the | | | 20|capacity to accept. | | | 21| SECTION 2. This act shall become effective July 1, 2023. | | | 22| SECTION 3. It being immediately necessary for the preservation | | | 23|of the public peace, health or safety, an emergency is hereby | | | 24| | | | arsid83040 HB1936 HFLR Page 4 ___________________________________________________________________________
1|declared to exist, by reason whereof this act shall take effect and | | | 2|be in full force from and after its passage and approval. | | | 3| | | | 4|COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/02/2023 - DO PASS. | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid83040 HB1936 HFLR Page 5