1| SENATE FLOOR VERSION |
| April 2, 2024 |
2| |
| |
3|COMMITTEE SUBSTITUTE |
|FOR ENGROSSED |
4|HOUSE BILL NO. 3386 By: McCall and Caldwell (Chad) |
| of the House |
5| |
| and |
6| |
| Treat of the Senate |
7| |
| |
8| |
| |
9| An Act relating to schools; requiring approval of |
| intra-district transfer of students at any time in |
10| the year; providing an exception if school site has |
| reached certain capacity; providing for selection of |
11| intra-district transfer students if capacity is |
| insufficient; directing school district boards of |
12| education to determine certain capacity; allowing |
| intra-district transfer student to continue with |
13| certain approval; allowing denial of continued |
| intra-district transfer for certain reasons; |
14| permitting intra-district transfer for certain |
| children residing in a home; requiring boards of |
15| education to adopt policy for capacity in each grade |
| level for each school site by certain date; providing |
16| for contents of policy; directing posting of policy |
| on district website; requiring determination of |
17| intra-district capacity by the first day of certain |
| months; directing publication on school district |
18| website; directing submission of certain report to |
| the State Department of Education; amending 70 O.S. |
19| 2021, Section 13-103, which relates to providing |
| education for students with disabilities; updating |
20| statutory language; directing each school district |
| board of education to adopt certain policy regarding |
21| transfer students with disabilities by certain date; |
| requiring the policy and certain capacity to be |
22| published and reported to the State Department of |
| Education; modifying process for determining whether |
23| to accept certain student transfer; establishing |
| process to appeal denial of a transfer student with |
24| disabilities; providing for promulgation of rules; |
| requiring school district boards of education to |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 1
___________________________________________________________________________
1| annually submit the number of certain transfer |
| requests approved and denied; requiring the State |
2| Department of Education to publish certain data on |
| its website and make it available to certain agency; |
3| directing the Office of Educational Quality and |
| Accountability to annually select certain percentage |
4| of districts for certain audit; directing school |
| districts to comply with certain recommended changes; |
5| allowing certain audit to be conducted in certain |
| conjunction; providing for codification; providing an |
6| effective date; and declaring an emergency. |
| |
7| |
| |
8| |
| |
9|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
10| SECTION 1. NEW LAW A new section of law to be codified |
| |
11|in the Oklahoma Statutes as Section 8-114 of Title 70, unless there |
| |
12|is created a duplication in numbering, reads as follows: |
| |
13| A. Except as provided in subsection B of this section, |
| |
14|beginning July 1, 2024, the transfer of a student from one school |
| |
15|site to another school site within the school district where the |
| |
16|student resides shall be approved at any time in the year, unless |
| |
17|the grade level of the receiving school site has reached capacity. |
| |
18|If the capacity of a grade level is insufficient to enroll all |
| |
19|eligible students, the school district shall select intra-district |
| |
20|transfer students based on the preferences outlined in paragraph 1 |
| |
21|of subsection B of this section and then in the order in which the |
| |
22|intra-district transfer applications were received. The school |
| |
23|district board of education shall determine the capacity of a school |
| |
24|site based on its policy adopted pursuant to subsection B of this |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 2
___________________________________________________________________________
1|section. A student may be granted a one-year intra-district |
| |
2|transfer and may automatically continue to attend the school site |
| |
3|where the student transferred each school year with the approval of |
| |
4|the school district. At the end of each school year, a school |
| |
5|district may deny continued intra-district transfer of the student |
| |
6|for the reasons outlined in paragraphs 2 and 3 of subsection B of |
| |
7|this section. Any sibling of a student who transfers intra-district |
| |
8|may attend the school site to which the student transferred, if the |
| |
9|school district policy gives preference to sibling transfers |
| |
10|regardless of capacity, and the sibling of the transferred student |
| |
11|does not meet a basis for denial as outlined in paragraphs 2 and 3 |
| |
12|of subsection B of this section. Any child in the custody of the |
| |
13|Department of Human Services and living in foster care who resides |
| |
14|in the home of another student who transfers intra-district may |
| |
15|attend the school site to which the student transferred. Except for |
| |
16|a child in the custody of the Department of Human Services in foster |
| |
17|care, an intra-district transfer student shall not transfer more |
| |
18|than two times per school year to other school sites within the |
| |
19|school district where the student resides, provided that the student |
| |
20|may always reenroll at any time in his or her school site of |
| |
21|residence. |
| |
22| B. Each school district board of education shall adopt a policy |
| |
23|to determine the number of intra-district transfer students the |
| |
24|school district has the capacity to accept in each grade level for |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 3
___________________________________________________________________________
1|each school site within a school district no later than July 1, |
| |
2|2024. The policy shall be publicly posted on the school district |
| |
3|website. The policy: |
| |
4| 1. Shall include an enrollment preference and reserve capacity |
| |
5|for: |
| |
6| a. students who reside in the school site boundary, |
| |
7| b. students who attended the school site the prior |
| |
8| school year, and |
| |
9| c. siblings of students who are already enrolled at the |
| |
10| school site; |
| |
11| 2. May include the acts and reasons outlined in Section |
| |
12|24-101.3 of Title 70 of the Oklahoma Statutes as a basis for denial |
| |
13|of an intra-district transfer; and |
| |
14| 3. May include a history of absences as a basis for denial of |
| |
15|an intra-district transfer. For the purposes of this section, |
| |
16|"history of absences" means ten or more absences in one semester |
| |
17|that are not excused for the reasons provided in subsection B of |
| |
18|Section 10-105 of Title 70 of the Oklahoma Statutes or due to |
| |
19|illness. |
| |
20| C. By the first day of January, April, July, and October of |
| |
21|each year, the school district board of education shall establish |
| |
22|the number of intra-district transfer students the school district |
| |
23|has the capacity to accept in each grade level for each school site |
| |
24|within the district. |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 4
___________________________________________________________________________
1| D. After establishing the number of intra-district transfer |
| |
2|students the school district has the capacity to accept in each |
| |
3|grade level for each school site, the board of education shall: |
| |
4| 1. Publish in a prominent place on the school district website |
| |
5|the number of intra-district transfer students for each grade level |
| |
6|for each school site within the school district which the district |
| |
7|has the capacity to accept; and |
| |
8| 2. Report to the State Department of Education the number of |
| |
9|intra-district transfer students for each grade level for each |
| |
10|school site within the school district which the district has the |
| |
11|capacity to accept. |
| |
12| SECTION 2. AMENDATORY 70 O.S. 2021, Section 13-103, is |
| |
13|amended to read as follows: |
| |
14| Section 13-103. A. Any school district in the state may |
| |
15|provide suitable facilities and employ qualified teachers and |
| |
16|therapists for children students with disabilities, either in |
| |
17|schools, classrooms, or in other places as the board of education of |
| |
18|the district may deem advisable. When a school district cannot |
| |
19|provide special educational facilities and qualified teachers, a |
| |
20|child student may be transferred pursuant to the provisions of |
| |
21|paragraph 4 of Section 13-101 of this title. |
| |
22| B. If a child student with disabilities is transferred to a |
| |
23|school district other than the district of residence of the child |
| |
24| |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 5
___________________________________________________________________________
1|student pursuant to the Education Open Transfer Act the following |
| |
2|provisions shall apply: |
| |
3| 1. The receiving district shall establish availability of the |
| |
4|appropriate program, staff, and services prior to approval of the |
| |
5|transfer; |
| |
6| 2. Prior to the approval of the transfer of a child student on |
| |
7|an individualized education program (IEP), a joint IEP conference |
| |
8|shall be required between the district of residence and the |
| |
9|receiving district; and |
| |
10| 3. Upon approval of the transfer, the receiving district shall |
| |
11|claim the child student in the average daily membership for state |
| |
12|and federal funding purposes and shall assume all responsibility for |
| |
13|education of the child student. For state funding purposes, the |
| |
14|State Department of Education shall include the appropriate grade |
| |
15|level weight and all category weights to which the pupil student is |
| |
16|assigned pursuant to the provisions of Section 18-201.1 of this |
| |
17|title when calculating State Aid pursuant to the provisions of |
| |
18|Section 18-200.1 of this title, regardless of whether the receiving |
| |
19|district provides education to the student using traditional |
| |
20|in-class means or via online instruction. When applicable, the |
| |
21|receiving district may apply to the Oklahoma Special Education |
| |
22|Assistance Fund for assistance in meeting any extraordinary costs |
| |
23|incurred. |
| |
24| |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 6
___________________________________________________________________________
1| C. If a request to transfer a student with disabilities to a |
| |
2|school district other than the district of residence of the student |
| |
3|pursuant to the Education Open Transfer Act is denied, the following |
| |
4|provisions shall apply: |
| |
5| 1. The parent or legal guardian of a student with disabilities |
| |
6|or an adult student with disabilities who is age eighteen (18) or |
| |
7|older but under the age of twenty-two (22) may appeal the denial |
| |
8|within ten (10) days of notification of the denial to the receiving |
| |
9|school district board of education. The receiving school district |
| |
10|board of education shall consider the appeal at its next regularly |
| |
11|scheduled board meeting; and |
| |
12| 2. If the receiving school district board of education denies |
| |
13|the appeal, the parent or legal guardian of the student with |
| |
14|disabilities or an adult student with disabilities who is age |
| |
15|eighteen (18) or older but under the age of twenty-two (22) may |
| |
16|appeal the denial within ten (10) days of notification of the appeal |
| |
17|denial to the State Board of Education. The parent or legal |
| |
18|guardian of the student with disabilities or the adult student with |
| |
19|disabilities shall submit to the State Board of Education and the |
| |
20|superintendent of the receiving school district a notice of appeal |
| |
21|on a form prescribed by the State Board of Education. The appeal |
| |
22|shall be considered by the State Board of Education at its next |
| |
23|regularly scheduled meeting, where the parent or legal guardian of |
| |
24|the student with disabilities or the adult student with disabilities |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 7
___________________________________________________________________________
1|may address the Board. The State Board of Education shall |
| |
2|promulgate rules to establish the appeals process authorized by this |
| |
3|subsection which shall align with rules promulgated pursuant to |
| |
4|Section 8-101.2 of this title. |
| |
5| C. D. Transfers authorized by this section shall be made under |
| |
6|rules adopted by the State Board of Education. When a child student |
| |
7|with disabilities or pregnant child student is unable to attend any |
| |
8|school or class in the district of residency, the board of education |
| |
9|of the district may provide for home instruction for the child |
| |
10|student. The State Board of Education is further authorized to |
| |
11|cooperate with any school district in the state to make it possible |
| |
12|for a child student with disabilities to attend the regular school |
| |
13|by making special provisions for the transportation of the child |
| |
14|student, or for special equipment, devices, books, supplies or other |
| |
15|facilities, or for special instruction within the regular school |
| |
16|building. The provisions for services and transfers as provided for |
| |
17|in this section shall be made with consideration of the least |
| |
18|restrictive environment and IEP requirements under the Individuals |
| |
19|with Disabilities Education Act (IDEA). |
| |
20| D. E. Beginning with the 2008-2009 school year, a transfer |
| |
21|granted for a child student with disabilities pursuant to paragraph |
| |
22|4 of Section 13-101 of this title for three (3) consecutive years to |
| |
23|the same school district shall automatically be renewed each year. |
| |
24|The district in which the child student resides shall continue to |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 8
___________________________________________________________________________
1|pay tuition as provided for in paragraph 4 of Section 13-101 of this |
| |
2|title. |
| |
3| F. Each school district board of education shall annually |
| |
4|submit to the State Department of Education the number of transfer |
| |
5|requests for students with disabilities approved and denied and |
| |
6|whether each denial was based on availability of programs, staff, or |
| |
7|services. The State Department of Education shall publish the data |
| |
8|on its website and make the data available to the Office of |
| |
9|Educational Quality and Accountability. |
| |
10| G. Each year, the Office of Educational Quality and |
| |
11|Accountability shall randomly select ten percent (10%) of the school |
| |
12|districts in the state and conduct an audit of each district's |
| |
13|approved and denied transfers based on the provisions of each school |
| |
14|district board of education's policy adopted pursuant to subsection |
| |
15|B of this section. If the Office finds inaccurate reporting of |
| |
16|capacity levels by a school district, the school district shall |
| |
17|comply with the changes recommended in the audit. Nothing shall |
| |
18|prohibit the Office from conducting the audit required by this |
| |
19|subsection in conjunction with the audit required by subsection G of |
| |
20|Section 8-101.2 of this title. |
| |
21| SECTION 3. This act shall become effective July 1, 2024. |
| |
22| SECTION 4. It being immediately necessary for the preservation |
| |
23|of the public peace, health, or safety, an emergency is hereby |
| |
24| |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 9
___________________________________________________________________________
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|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION |
|April 2, 2024 - DO PASS AS AMENDED BY CS |
4| |
| |
5| |
| |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
arsid8535501 SENATE FLOOR VERSION - HB3386 SFLR Page 10
