1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 839 By: Pugh |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to schools; amending 70 O.S. 2021, |
| Sections 8-101.2, as amended by Section 1, Chapter |
8| 193, O.S.L. 2022, and 8-103 (70 O.S. Supp. 2022, |
| Section 8-101.2), which relate to the Education Open |
9| Transfer Act; modifying beginning date for certain |
| implementation; removing language allowing a transfer |
10| at any time; directing transfer applications to be |
| submitted in accordance with certain provisions; |
11| modifying transfer frequency; modifying date by which |
| certain capacity must be established; directing |
12| transfer applications be submitted between certain |
| dates; modifying date by which certain statement must |
13| be filed; and providing an effective date. |
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14| |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 70 O.S. 2021, Section 8-101.2, as |
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18|amended by Section 1, Chapter 193, O.S.L. 2022 (70 O.S. Supp. 2022, |
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19|Section 8-101.2), is amended to read as follows: |
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20| Section 8-101.2. A. Except as provided in subsection B of this |
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21|section, on and after January 1, 2022 beginning June 1, 2024, the |
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22|transfer of a student from the district in which the student resides |
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23|to another school district furnishing instruction in the grade the |
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24|student is entitled to pursue shall be granted at any time in the |
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1|year unless the number of transfers exceeds the capacity of a grade |
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2|level for each school site within a school district. Transfer |
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3|applications shall be submitted in accordance with the provisions of |
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4|Section 8-103 of this title. If the capacity of a grade level for |
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5|each school site within a school district is insufficient to enroll |
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6|all eligible students, the school district shall select transfer |
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7|students in the order in which the district received the student |
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8|transfer applications. The capacity of a school district shall be |
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9|determined by the school district board of education based on its |
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10|policy adopted pursuant to subsection B of this section. A student |
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11|may be granted a one-year transfer and may automatically continue to |
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12|attend the school each school year to which the student transferred |
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13|with the approval of the receiving district. At the end of each |
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14|school year, a school district may deny continued transfer of the |
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15|student for the reasons outlined in paragraphs 1 and 2 of subsection |
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16|B of this section. Any brother or sister of a student who transfers |
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17|may attend the school district to which the student transferred, if |
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18|the school district policy gives preference to sibling transfers |
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19|regardless of capacity, and the brother or sister of the transferred |
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20|student does not meet a basis for denial as outlined in paragraphs 1 |
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21|and 2 of subsection B of this section. Any child in the custody of |
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22|the Department of Human Services in foster care who is living in the |
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23|home of a student who transfers may attend the school district to |
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24|which the student transferred. Except for a child in the custody of |
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1|the Department of Human Services in foster care, a transfer student |
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2|shall not transfer more than two (2) times one time per school year |
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3|to one or more school districts in which the student does not |
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4|reside, provided that the student may always reenroll at any time in |
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5|his or her school district of residence. At the discretion of the |
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6|receiving district, a student who has attended a school district as |
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7|a resident student for at least three (3) years prior to becoming |
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8|eligible to apply as a transfer student may be allowed to transfer |
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9|to the school district regardless of capacity. |
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10| If the grade a student is entitled to pursue is not offered in |
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11|the district where the student resides, the transfer shall be |
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12|automatically approved. |
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13| B. Each school district board of education shall adopt a policy |
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14|to determine the number of transfer students the school district has |
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15|the capacity to accept in each grade level for each school site |
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16|within a school district no later than January 1, 2022. The policy |
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17|may include: |
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18| 1. The acts and reasons outlined in Section 24-101.3 of this |
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19|title as a basis for denial of a transfer; and |
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20| 2. A history of absences as a basis for denial of a transfer. |
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21|For the purposes of this section, "history of absences" means ten or |
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22|more absences in one semester that are not excused for the reasons |
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23|provided for in subsection B of Section 10-105 of this title or due |
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24|to illness. |
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1| The policy shall be publicly posted on the school district |
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2|website. |
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3| C. By the first day of January, April, July and October June 1, |
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4|2024, and each June 1 thereafter, the school district board of |
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5|education shall establish the number of transfer students the school |
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6|district has the capacity to accept in each grade level for each |
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7|school site within a school district. |
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8| D. After establishing the number of transfer students the |
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9|school district has the capacity to accept in each grade level for |
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10|each school site within a school district, the board of education |
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11|shall: |
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12| 1. Publish in a prominent place on the school district website |
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13|the number of transfer students for each grade level for each school |
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14|site within a school district which the school district has the |
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15|capacity to accept; and |
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16| 2. Report to the State Department of Education the number of |
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17|transfer students for each grade level for each school site within a |
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18|school district which the school district has the capacity to |
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19|accept. |
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20| E. If a transfer request is denied by the school district, the |
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21|parent of the student may appeal the denial within ten (10) days of |
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22|notification of the denial to the receiving school district board of |
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23|education. The receiving school district board of education shall |
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24|consider the appeal at its next regularly scheduled board meeting. |
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1|If the receiving school district board of education denies the |
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2|appeal, the parent of the student may appeal the denial within ten |
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3|(10) days of notification of the appeal denial to the State Board of |
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4|Education. The parent shall submit to the State Board of Education |
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5|and the superintendent of the receiving school a notice of appeal on |
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6|a form prescribed by the State Board of Education. The appeal shall |
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7|be considered by the State Board of Education at its next regularly |
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8|scheduled meeting, where the parent and a representative from the |
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9|receiving school district may address the Board. The State Board of |
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10|Education shall promulgate rules to establish the appeals process |
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11|authorized by this subsection. |
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12| F. Each school district board of education shall submit to the |
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13|State Department of Education the number of student transfers |
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14|approved and denied and whether each denial was based on capacity, |
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15|acts and reasons outlined in Section 24-101.3 of this title or a |
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16|history of absences as provided for in paragraph 2 of subsection B |
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17|of this section. The State Department of Education shall publish |
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18|the data on its website and make the data available to the Office of |
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19|Educational Quality and Accountability. |
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20| G. Each year, the Office of Educational Quality and |
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21|Accountability shall randomly select ten percent (10%) of the school |
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22|districts in the state and conduct an audit of each district's |
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23|approved and denied transfers based on the provisions of the |
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24|policies adopted by the respective school district board of |
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1|education. If the Office finds inaccurate reporting of capacity |
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2|levels by a school district, the Office shall set the capacity for |
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3|the school district. |
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4| SECTION 2. AMENDATORY 70 O.S. 2021, Section 8-103, is |
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5|amended to read as follows: |
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6| Section 8-103. A. In order that any student may be |
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7|transferred, an application form specified by the State Board of |
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8|Education must be completed by the parents of the student. For |
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9|purposes of the Education Open Transfer Act, the term "parent" means |
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10|the parent of the student or person having custody of the student as |
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11|provided for in paragraph 1 of subsection A of Section 1-113 of this |
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12|title. The application shall be filed with the superintendent of |
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13|the receiving school district for transfers to school districts in |
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14|this state and with the State Board of Education for transfers to |
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15|school districts in another state. Transfer applications shall be |
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16|filed with the superintendent of the receiving school district |
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17|between July 1, 2024, and each July 1 thereafter, and July 15, 2024, |
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18|and each July 15 thereafter. |
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19| B. On or before the first day of January, April, July and |
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20|October By June 1, 2024, and by June 1 each year thereafter, it |
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21|shall be the duty of the superintendent of the receiving school |
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22|district to file with the State Board of Education and each resident |
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23|district a statement showing the names of the students granted |
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1|transfers to the school district, the resident school district of |
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2|the transferred students, and their respective grade level. |
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3| C. For students who are deaf or hearing-impaired who wish to |
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4|transfer to a school district with a specialized deaf education |
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5|program, applications may be filed at any time during the school |
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6|year. The student may transfer to the receiving school district at |
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7|any time during the school year. |
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8| D. The school district shall enroll transfer students in the |
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9|order in which they submit their applications. If the number of |
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10|student transfer applications exceeds the capacity of a receiving |
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11|school district, as determined by subsection A of Section 8-101.2 of |
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12|this title, the district shall select transfer students in the order |
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13|in which the district received the student transfer applications. |
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14| E. If a transfer application is denied based on the receiving |
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15|school district's open transfer policy adopted pursuant to |
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16|subsection B of Section 8-101.2 of this title, the parent of the |
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17|student may appeal the decision as provided for in subsection E of |
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18|Section 8-101.2 of this title. |
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19| SECTION 3. This act shall become effective November 1, 2023. |
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21| 59-1-561 EB 1/19/2023 10:59:20 AM |
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