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ENGROSSED HOUSE
BILL NO. 2074 By: McCall, Boles, Caldwell
(Chad), Hilbert, Conley,
Davis, Hasenbeck, Echols,
O'Donnell and West (Tammy)
of the House
and
Pugh of the Senate
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 Educatio n Open Transfer Act; granting
student transfer to another school district at any
time; providing exception if transfer exceeds certain
capacity; directing selection of transfer students if
capacity is exceeded; authorizing board of education
to determine capacity; allowing transfer student to
continue attendance; allowing denial of continued
transfer; 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; requiri ng determination four times
per year for the number of students the district has
capacity to accept; directing publication on school
district website; requiring submission of certain
report to the State Department of Education;
prescribing appeal process f or transfer denials;
providing for promulgation of rules; directing board
of education to submit transfer information to the
State Department of Education ; requiring certain
annual audit of approved and denied transfers;
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providing for establishment of capacity if inaccurate
reporting is found; removing time limitations for
transfer applications; requiring certain report of
students granted transfers; removing provisions for
cancellation of transfers; requiring enrollment of
transfer students in the order in which applications
are received; providing appeal for transfer
application denial; prohibiting denial of transfer
unless certain 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
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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 a ll 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 o n 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 reasons outlined
in paragraphs 1 and 2 of subsection B of this section. Any brother
or sister of a student granted a transfer and any who transfers may
attend the school district to which the student transferred unless
the transfer is denied for the reasons 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 th e
home of a student 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 times per school
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year to one or more school districts in which the student does not
reside, provided that the student may always r eenroll at any time in
his or her school district of residence .
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 changes
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 transferred,
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 stude nt shall be entitled
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 n ot 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 in each grade level for
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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 acc ept 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
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2. Report to the Sta te 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 meetin g.
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 district 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. 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
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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 a n 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 sha ll 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:
Section 8-103. A. In order that any student may be
transferred, an application form specified 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 stu dent or person having custody of the student as
provided for in paragraph 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 this state and with the
State Board of Education for transfers to school districts in
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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 sch ool
district. The board of education of the receiving school district
shall approve 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, th e parents of the
student shall notify the receiving school district that the student
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 t hat year.
B. On or before September 1 the first day of January, April,
July and October, 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 t he 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
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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 dist rict 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 de termined by subsection A of Section 8 -101.2 of
this title, the district shall select transfer student s in the order
in which the district received the student transfer applications .
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 as provided for in subsection E 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. 2020,
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 transfe r for a student who does not
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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 subsect ion B of this section. Each local board
of education shall adopt an open transfer policy for the school
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 grade level for each
school site within a school district . If the number of student
transfer 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 students in the order in
which the district received the student transfer applications . The
capacity of a school district shall be determined by the schoo l
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 shall consider the requests on a
first-come, first-serve basis. A school district shall not accept
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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 re garding 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
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 she 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
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natural disaster requiring the use of orders for 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 student
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, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-104), is hereby repealed.
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 whereof 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
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Session of the 58th Oklahoma Legislature and shall not becom e
operative as law otherwise.
Passed the House of Representatives the 24th day of February,
2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate