1|ENGROSSED HOUSE |
|BILL NO. 2314 By: Hilbert and Caldwell (Chad) |
2| of the House |
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3| and |
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4| Pugh of the Senate |
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8| An Act relating to school transportation; amending 70 |
| O.S. 2021, Section 3-141, which relates to |
9| transporting charter school students; deleting |
| requirement limiting transportation to certain |
10| boundaries; amending 70 O.S. 2021, Sections 9-101 and |
| 9-105, which relate to student transportation; |
11| removing restriction on where a receiving district |
| can provide transportation to student transfers; |
12| deleting provision withholding state funding from |
| district not adhering to transportation boundaries; |
13| authorizing transport of students living outside of |
| certain boundaries and routes; providing an effective |
14| date; and declaring an emergency. |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3-141, is |
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19|amended to read as follows: |
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20| Section 3-141. A. Transportation shall be provided by the |
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21|charter school in accordance with Sections 9-101 through 9-118 of |
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22|Title 70 of the Oklahoma Statutes and only within the transportation |
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23|boundaries of the school district in which the charter school is |
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24|located this title. |
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1| B. A charter school shall provide the parent or guardian |
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2|information regarding transportation at the time the student enrolls |
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3|in the charter school. |
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4| SECTION 2. AMENDATORY 70 O.S. 2021, Section 9-101, is |
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5|amended to read as follows: |
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6| Section 9-101. A. Any school district may provide |
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7|transportation for any child who is participating in any |
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8|prekindergarten or early childhood program operated by the school |
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9|district or any child who is participating in any Head Start program |
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10|offered within the school district. |
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11| B. Upon a request for a student transfer pursuant to the |
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12|provisions of the Education Open Transfer Act, if the parent of the |
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13|student requests that the receiving district provide transportation |
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14|for the student, and if the receiving district grants the transfer, |
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15|then the receiving district may provide such transportation only |
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16|within the boundaries of the receiving school district. A receiving |
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17|school district shall not cross school district boundaries to |
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18|transport a kindergarten through eighth-grade student transferred |
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19|pursuant to the Education Open Transfer Act except as otherwise |
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20|authorized in Section 9-105 of this title. |
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21| C. Any school district may provide transportation for each |
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22|student who should attend any public elementary or secondary school |
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23|when, and only when, transportation is necessary for accomplishment |
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24|of one of the following purposes: |
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1| 1. To provide adequate educational facilities and opportunities |
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2|which otherwise would not be available, which shall include those |
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3|purposes provided in the Education Open Transfer Act; and |
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4| 2. To transport students whose homes are more than a reasonable |
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5|walking distance, as defined by regulations of the State Board of |
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6|Education, from the school attended by such student. Provided, that |
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7|no state funds shall be paid for the transportation of a student |
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8|whose residence is within one and one-half (1 1/2) miles from the |
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9|school attended by such student. |
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10| SECTION 3. AMENDATORY 70 O.S. 2021, Section 9-105, is |
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11|amended to read as follows: |
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12| Section 9-105. A. The State Board of Education shall determine |
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13|and fix definite boundaries of the area in which each school |
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14|district shall provide transportation for each school. When an |
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15|elementary school district is surrounded by an independent school |
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16|district, the independent school district must shall be designated |
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17|as the transportation area for the high school students in the |
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18|elementary school district. |
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19| B. The State Board of Education is authorized to establish |
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20|definite routes in each transportation area, and it shall be the |
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21|further duty of said Board to make rules and regulations as to the |
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22|manner in which said area and routes may be established or changed. |
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23|Except as otherwise provided in this section, state funds payable to |
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24|a district shall be withheld for a failure or refusal to confine its |
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1|transportation to the area and routes designated by the State Board |
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2|of Education or to comply with the rules and regulations of the |
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3|State Board of Education. State funds payable to a school district |
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4|shall not be withheld in the following circumstances: |
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5| 1. When, based upon the mutual agreement of the two |
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6|participating school districts, a school district offering special |
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7|education classes extends its transportation program to include the |
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8|transportation of students qualifying for special education in an |
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9|adjacent school district which does not offer special education |
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10|classes, for the purpose of offering its special education classes |
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11|to said students; or |
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12| 2. When, by resolutions of the boards of education of two |
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13|participating districts, the districts agree that one or both of the |
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14|districts may extend its transportation program into the other |
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15|participating district to provide transportation for students who |
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16|reside in such other participating district and who, by agreement of |
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17|the participating districts, are, or will be, attending school in |
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18|the district that has agreed to furnish transportation for the |
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19|students. A board of education may provide transportation to |
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20|students living outside of the boundaries and routes established by |
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21|the State Board of Education. |
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22| C. The State Board shall promulgate rules as are necessary to |
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23|implement the provisions of this section. |
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24| SECTION 4. This act shall become effective July 1, 2023. |
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1| SECTION 5. It being immediately necessary for the preservation |
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2|of the public peace, health or safety, an emergency is hereby |
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3|declared to exist, by reason whereof this act shall take effect and |
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4|be in full force from and after its passage and approval. |
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5| Passed the House of Representatives the 8th day of March, 2023. |
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| Presiding Officer of the House |
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| of Representatives |
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10| Passed the Senate the ___ day of __________, 2023. |
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