HB2074 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2074 By: McCall and Boles
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2011,
Sections 8-101.2, as amended by Section 2, Chapter
363, O.S.L. 2015, 8-103, as amended by Section 1,
Chapter 184, O.S.L. 2013 and 8 -103.1, as amended by
Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp.
2020, Sections 8-101.2, 8-103 and 8-103.1), which
relate to the Education Open Transfer Act; granting
student transfer to another school district at any
time; providing exception if transfer exceeds
capacity; requiring a public lottery to select
students if capacity is exceeded; authorizing board
of education to determine capacity; allowing transfer
student to continue attendance without requiring
board approval; permitting other children living in
the home to transfer districts; prohibiting more than
two transfers per school year; providing exception
for child in foster care; removing prior transfer
procedures; directing board to adopt policy for
student capacity; setting deadline for adoption of
policy; authorizing including certain reasons for
denial in policy; mandating posting of policy on
district website; requiring monthly determination of
number of students the district has capacity to
accept; directing publication of numbers on website
and reporting to State Department of Education;
prescribing appeal process for transfer denials;
directing State Board of Education to promulgate
rules; directing board of education to submit
transfer information to certain entities; requiring
HB2074 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certain annual audit of approved and denied
transfers; providing for specified entity to set
capacity if inaccurate reporting is found ; striking
time limitations for transfer applications; requiring
monthly report of students granted transfers;
removing provisions for cancellation of transfers;
requiring enrollment of transfer students in the
order in which they apply; requiring public l ottery
in certain cases; providing appeal for transfer
application denial; prohibiting denial of transfer
unless capacity is exceeded; directing admission to
district of choice for certain children regardless of
capacity; amending 70 O.S. 2011, Section 8 -113, which
relates to transfers for children of school
employees; allowing transfer of child of school
employee without requiring district approval;
repealing 70 O.S. 2011, Section 8 -104, as amended by
Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp.
2020, Section 8-104), which relates to emergency
transfers; declaring an emergency; and providing for
conditional effect.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 8 -101.2, as
amended by Section 2, Chapter 363, O.S.L. 2015 (70 O.S. Supp. 2020,
Section 8-101.2), is amended to read as follows:
Section 8-101.2 A. On Except as provided in subsection B of
this section, on and after January 1, 2000 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 if the transfer has the approval
of the board of education of the receiving district at any time in
the year unless the number of transfers exceeds the capacity of a
HB2074 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
program, class, grade level or building. If capacity is
insufficient to enroll all eligible students of a program, class,
grade level or building, the school district shall select tran sfer
students through a public lottery selection process. 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 continue to attend the school each school year to
which the student transferred with the approval of the receiving
district only. At the end of each school year, a school district
may deny continued transfer of the student for the r easons outlined
in paragraphs 1 and 2 of subsection B of this section. Any brother
or sister of a student granted a transfer who transfers and any
child in the custody of the Department of Human Services in foster
care who is living in the home of a stude nt granted a transfer who
transfers may attend the school district to which the student
transferred with the approval of the receiving district only .
Except for a child in the custody of the Department of Human
Services in foster care, no student shall be permitted to transfer
more than once in any school year 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 an y time in his or her school
district of residence .
HB2074 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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. When a student has been transferred and later change s
residence to another school district in the State of Oklahoma, the
student shall be entitled to continue to attend school in the
district to which the student was transferred. If a change of
residence is to the district to which the student was transfer red,
upon affidavit of the parent of the student, that district shall
become the resident district. If a student changes residence to
another district during the school year which is not the same
district the student transferred to, the student shall be e ntitled
to attend school in either the receiving district or the new
district of residence for the remainder of the current year.
C. Any student transfer approved for any reason prior to
January 1, 2000, shall continue to be valid and shall not be subject
to the Education Open Transfer Act unless the parent having custody
chooses otherwise. 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 for each progr am, class,
grade level and building 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
HB2074 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A history of absences as a basis for denial of a tr ansfer.
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 of each month, 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 and
building.
D. After establishing the number of transfer students the
school district has the capacity to accept in each program, class,
grade level and building, the board of education shall:
1. Publish in a prominent place on the school district website
the number of transfer stud ents for each program, class, grade level
and building 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 program, class, grade level and building
which the school district has the capacity to accept.
E. The State Department of Education shall publish the data
received from school districts pursuant to subsection D of this
section in a prominent place on the Department website.
HB2074 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
F. If a transfer request is denie d by the school district, the
parent of the student may appeal the denial within ten (10) days of
notification of the denial to the State Board of Education. The
parent shall submit to the Board and the superintendent of the
receiving school a notice of a ppeal on a form prescribed by the
Board. The appeal shall be considered by the Board at its next
regularly scheduled meeting. The Board shall promulgate rules to
establish the appeals process authorized by this subsection.
G. Beginning June 30, 2023, an d each June 30 thereafter, each
school district board of education shall submit to the State Board
of Education and the Office of Educational Quality and
Accountability the number of student transfers approved and denied
for the preceding school year and t he reason for the denials.
H. 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 p rovisions 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. 2011, Section 8 -103, as
amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-103), is amended to read as follows:
HB2074 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 8-103. A. In order that any student may be
transferred, an application form s pecified by the State Board of
Education must be completed by the parents of the student. For
purposes of the Education Open Transfer Act, the term "parent" means
the parent of the student or person having custody of the student as
provided for in paragra ph 1 of subsection A of Section 1 -113 of this
title. The application shall be obtained from and filed with the
superintendent of the receiving school district for transfers to
school districts in the State of Oklahoma and with the State Board
of Education for transfers to school districts in another state.
Except as otherwise provided for in this section, applications shall
be filed no later than May 31 of the school year preceding the
school year for which the transfer is desired. By May 31 of the
same school year, the receiving school district shall notify the
resident school district that an application for transfer has been
filed by a student enrolled in the resident school district. The
board of education of the receiving school district shall appro ve or
deny the application for transfer not later than July 15 of the same
year and shall notify the parents of the student of the decision.
By August 1 of the same year, the parents of the student shall
notify the receiving school district that the stude nt will be
enrolling in that school district. Failure of parents to notify the
district as required may result in loss of the student's right to
enroll in the district for that year.
HB2074 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. On or before September 1 the first day of each month , it
shall be the duty of the superintendent of the receiving school
district to file with the State Board of Education and each resident
district a statement showing the names of the students granted
transfers to the school district, the resident school district of
the transferred students and their respective grade level.
C. The receiving school district of a student transferred
pursuant to the provisions of this act shall notify the resident
school district and parents of the student of a cancellation of the
transfer. Such notice shall be made by July 15 prior to the school
year for which the cancellation is applicable.
D. For students who are deaf or hearing impaired who wish to
transfer to a school district with a specialized deaf education
program, applications may be filed at any time during the school
year. Upon approval of the receiving school district, the The
student may transfer to the receiving school district at any time
during the school year.
D. The school district shall enroll transfer students in the
order in which they submit their applications. If the number of
transfer student applications exceeds the capacity of a receiving
school district, as determined by subsection A of Section 8 -101.2 of
this title, the district shall select transfer student ap plicants
through a public lottery selection process.
HB2074 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. If a transfer application is denied based on the receiving
school district's open transfer policy adopted pursuant to
subsection B of Section 8 -101.2 of this title, the parent of the
student may appeal the decision to the State Board of Education as
provided in subsection F of Section 8 -101.2 of this title.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 8 -103.1, as
amended by Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp. 20 20,
Section 8-103.1), is amended to read as follows:
Section 8-103.1 A. A local school district board of education
which receives a request for a transfer for a student who does not
reside in the school district may refuse shall not deny the transfer
in accordance with the provisions of the open transfer policy
adopted by the local school district board of education and subject
to the provisions of subsection B of this section. Each local board
of education shall adopt an open transfer policy for the sch ool
district which specifies its criteria and standards for approval of
transfers of students who do not reside in the district. The policy
shall include, but shall not be limited to, provisions relating to
the availability of programs, staff, or space as criteria for
approval or denial of transfers. A school district may include in
the policy as the basis for denial of a transfer, the reasons
outlined in Section 24 -101.3 of this title unless the number of
requested transfers exceeds the capacity of a pro gram, class, grade
level or building. If capacity is insufficient to enroll all
HB2074 HFLR Page 10
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
eligible students of a program, class, grade level or building, the
school district shall select students through a public lottery
selection process. The capacity of a school district shall be
determined by the school district board of education based on its
policy that complies with subsection B of Section 8 -101.2 of this
title.
In considering requests for students to transfer into a school
district, the board of education sh all consider the requests on a
first-come, first-serve basis. A school district shall not accept
or deny a transfer based on ethnicity, national origin, gender,
income level, disabling condition, proficiency in the English
language, measure of achievement , aptitude, or athletic ability.
Notwithstanding the provisions of the Education Open Transfer
Act, transfers of children with disabilities shall be granted as
authorized in Section 13 -103 of this title.
B. A local school district board of education shall adopt a
policy for the school district regarding the transfer of students
Students who are the dependent children of a member of the active
uniformed military services of the United States on full -time active
duty status and for whom Oklahoma is the home of record and students
who are the dependent children of a member of the military reserve
on active duty orders and for whom Oklahoma is the home of record
shall be eligible for admission to the school district of their
choice regardless of the capacity of the district. The policy
HB2074 HFLR Page 11
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Students shall provide for the approval of the transfer be eligible
if:
1. At least one parent of the student has a Department of
Defense-issued identification card; and
2. At least one parent can provide evidence that he or sh e will
be on active duty status or active duty orders, meaning the parent
will be temporarily transferred in compliance with official orders
to another location in support of combat, contingency operation or a
natural disaster requiring the use of orders f or more than thirty
(30) consecutive days ; and
3. The student will be residing with a relative of the student
who lives in the receiving school district or who will be living in
the receiving school district within six (6) months of the filing of
the application for transfer .
SECTION 4. AMENDATORY 70 O.S. 2011, 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 stude nt
is employed as a teacher, as defined in Section 1 -116 of Title 70 of
the Oklahoma Statutes, upon the approval of the receiving district
only this title.
SECTION 5. REPEALER 70 O.S. 2011, Section 8 -104, as
amended by Section 1, Ch apter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-104), is hereby repealed.
HB2074 HFLR Page 12
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passage and approval.
SECTION 7. The provisions of this act shall be contingent upon
the enactment of the provisions of House Bill No. 2078 of the 1st
Session of the 58th Oklahoma Legislature and shall not become
operative as law otherwise.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2021
- DO PASS, As Amended and Coauthored.