ENROLLED HOUSE
BILL NO. 3038 By: Boles, Ranson, Sterling, and Stark of the House
and
Pemberton
and Dossett (J.J.) of the Senate
An Act relating to schools; amending 70 O.S. 2021, Sections
8-101.2 and 8-113, which relate to student transfers; authorizing automatic
transfers for certain students; permitting school district to give preference
for sibling transfers; allowing certain student to transfer regardless of
capacity; directing certain school district to grant preference for children of
employees; and declaring an emergency.
SUBJECT: Schools
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 70 O.S. 2021,
Section 8-101.2, is amended to read as follows:
Section 8-101.2 A. Except as provided in subsection B of this
section, on and after January 1, 2022, the transfer of a student from the
district in which the student resides to another school district furnishing
instruction in the grade the student is entitled to pursue shall be granted at
any time in the year unless the number of transfers exceeds the capacity of a
grade level for each school site within a school district. If the capacity of a grade level for each
school site within a school district is insufficient to enroll all eligible
students, the school district shall select transfer students in the order in
which the district received the student transfer applications. The capacity of a school district shall be
determined by the school district board of education based on its policy
adopted pursuant to subsection B of this section. A student may be granted a one-year transfer
and may automatically continue to attend the school each school year to
which the student transferred with the approval of the receiving district. At the end of each school year, a school
district may deny continued transfer of the student for the reasons outlined in
paragraphs 1 and 2 of subsection B of this section. Any brother or sister of a student who
transfers may attend the school district to which the student transferred as
long as the school district has capacity, if the school district policy
gives preference to sibling transfers regardless of capacity, and the
brother or sister of the transferred student does not meet a basis for denial
as outlined in paragraphs 1 and 2 of subsection B of this section. Any child in the custody of the Department of
Human Services in foster care who is living in the home of a student who
transfers may attend the school district to which the student transferred. Except for a child in the custody of the
Department of Human Services in foster care, a transfer student shall not
transfer more than two (2) times per school year to one or more school
districts in which the student does not reside, provided that the student may
always reenroll at any time in his or her school district of residence. At the discretion of the receiving
district, a student who has attended a school district as a resident student
for at least three (3) years prior to becoming eligible to apply as a transfer
student may be allowed to transfer to the school district regardless of
capacity.
If the grade a student is entitled
to pursue is not offered in the district where the student resides, the
transfer shall be automatically approved.
B.
Each school district board of education shall adopt a policy to
determine the number of transfer students the school district has the capacity
to accept in each grade level for each school site within a school district no
later than January 1, 2022. The policy
may include:
1. The acts and reasons
outlined in Section 24-101.3 of this title as a basis for denial of a transfer;
and
2. A history of absences
as a basis for denial of a transfer. For
the purposes of this section, "history of absences" means ten or more
absences in one semester that are not excused for the reasons provided for in
subsection B of Section 10-105 of this title or due to illness.
The policy shall be publicly posted on the school district
website.
C. By the first day of
January, April, July and October, the school district board of education shall
establish the number of transfer students the school district has the capacity
to accept in each grade level for each school site within a school district.
D.
After establishing the number of transfer students the school district
has the capacity to accept in each grade level for each school site within a
school district, the board of education shall:
1.
Publish in a prominent place on the school district website the number
of transfer students for each grade level for each school site within a school
district which the school district has the capacity to accept; and
2.
Report to the State Department of Education the number of transfer
students for each grade level for each school site within a school district
which the school district has the capacity to accept.
E.
If a transfer request is denied by the school district, the parent of
the student may appeal the denial within ten (10) days of notification of the
denial to the receiving school district board of education. The receiving school district board of
education shall consider the appeal at its next regularly scheduled board
meeting. If the receiving school
district board of education denies the appeal, the parent of the student may
appeal the denial within ten (10) days of notification of the appeal denial to
the State Board of Education. The parent
shall submit to the State Board of Education and the superintendent of the
receiving school a notice of appeal on a form prescribed by the State Board of
Education. The appeal shall be
considered by the State Board of Education at its next regularly scheduled
meeting, where the parent and a representative from the receiving school
district may address the Board. The
State Board of Education shall promulgate rules to establish the appeals
process authorized by this subsection.
F.
Each school district board of education shall submit to the State Department
of Education the number of student transfers approved and denied and whether
each denial was based on capacity, acts and reasons outlined in Section
24-101.3 of this title or a history of absences as provided for in paragraph 2
of subsection B of this section. The
State Department of Education shall publish the data on its website and make
the data available to the Office of Educational Quality and Accountability.
G.
Each year, the Office of Educational Quality and Accountability shall
randomly select ten percent (10%) of the school districts in the state and
conduct an audit of each district's approved and denied transfers based on the
provisions of the policies adopted by the respective school district board of
education. If the Office finds inaccurate
reporting of capacity levels by a school district, the Office shall set the
capacity for the school district.
SECTION 2.
AMENDATORY 70 O.S. 2021,
Section 8-113, is amended to read as follows:
Section 8-113. A student shall be allowed to transfer to a
school district in which the parent or legal guardian of the student is
employed as a teacher, as defined in Section 1-116 of this title by
the district, if the school district policy on student transfers grants
preference for children of employees, regardless of school district capacity.
SECTION 3.
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.
Passed the
House of Representatives the 21st day of February, 2022.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 28th day of
April, 2022.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________