Oklahoma 2022 Regular Session

Oklahoma House Bill HB2074 Compare Versions

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3		-	ENGR. H. B. NO. 2074 Page 1 1
	3	+	HB2074 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2074 By: McCall, Boles, Caldwell
30		-	(Chad), Hilbert, Conley,
31		-	Davis, Hasenbeck, Echols,
32		-	O'Donnell and West (Tammy)
33		-	of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
34	30
35		-	~~and~~
	31	+	STATE OF OKLAHOMA
36	32
37		-	Pugh of the Senate
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2074 By: McCall and Boles
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	44	+
	45	+	COMMITTEE SUBSTITUTE
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44	47		An Act relating to schools; amending 70 O.S. 2011,
45	48		Sections 8-101.2, as amended by Section 2, Chapter
46	49		363, O.S.L. 2015, 8-103, as amended by Section 1,
47	50		Chapter 184, O.S.L. 2013 and 8 -103.1, as amended by
48	51		Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp.
49	52		2020, Sections 8-101.2, 8-103 and 8-103.1), which
50	53		relate to the Education Open Transfer Act; granting
51	54		student transfer to another school district at any
52		-	time; providing exception if transfer exceeds ~~certain~~
53		-	capacity; ~~directing selection of transfer students if~~
54		-	capacity is exceeded; authorizing board ~~of education~~
55		-	to determine capacity; allowing transfer ~~student to~~
56		-	continue attendance~~; allowing denial of continued~~
57		-	~~transfer~~; permitting other children living in ~~the~~
58		-	home to transfer districts; prohibiting more than ~~two~~
59		-	transfers per school year; providing exception ~~for~~
60		-	child in foster care; removing prior transfer
	55	+	time; providing exception if transfer exceeds
	56	+	capacity; requiring a public lottery to select
	57	+	students if capacity is exceeded; authorizing board
	58	+	of education to determine capacity; allowing transfer
	59	+	student to continue attendance without requiring
	60	+	board approval; permitting other children living in
	61	+	the home to transfer districts; prohibiting more than
	62	+	two transfers per school year; providing exception
	63	+	for child in foster care; removing prior transfer
61	64		procedures; directing board to adopt policy for
62	65		student capacity; setting deadline for adoption of
63	66		policy; authorizing including certain reasons for
64	67		denial in policy; mandating posting of policy on
65		-	district website; requiri ng determination four times
66		-	per year for the number of students the district has
67		-	capacity to accept; directing publication on school
68		-	district website; requiring submission of certain
69		-	report to the State Department of Education;
	68	+	district website; requiring monthly determination of
	69	+	number of students the district has capacity to
	70	+	accept; directing publication of numbers on website
	71	+	and reporting to State Department of Education;
70	72		prescribing appeal process for transfer denials;
71		-	providing for promulgation of rules; directing board
72		-	of education to submit transfer information to the
73		-	State Department of Education ; requiring certain
74		-	annual audit of approved and denied transfers;
	73	+	directing State Board of Education to promulgate
	74	+	rules; directing board of education to submit
	75	+	transfer information to certain entities; requiring
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76		-	ENGR. H. B. NO. 2074 Page 2 1
	77	+	HB2074 HFLR Page 2
	78	+	BOLD FACE denotes Committee Amendments. 1
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101		-	providing for establishment of capacity if inaccurate
102		-	reporting is found; removing time limitations for
103		-	transfer applications; requiring certain report of
104		-	students granted transfers; removing provisions for
105		-	cancellation of transfers; requiring enrollment of
106		-	transfer students in the order in which applications
107		-	are received; providing appeal for transfer
	103	+	certain annual audit of approved and denied
	104	+	transfers; providing for specified entity to set
	105	+	capacity if inaccurate reporting is found ; striking
	106	+	time limitations for transfer applications; requiring
	107	+	monthly report of students granted transfers;
	108	+	removing provisions for cancellation of transfers;
	109	+	requiring enrollment of transfer students in the
	110	+	order in which they apply; requiring public l ottery
	111	+	in certain cases; providing appeal for transfer
108	112		application denial; prohibiting denial of transfer
109		-	unless certain capacity is exceeded; directing
110		-	admission to district of choice for certain children
111		-	regardless of capacity; amending 70 O.S. 2011,
112		-	Section 8-113, which relates to transfers for
113		-	children of school employees; allowing transfer of
114		-	child of school employee without requiring district
115		-	approval; repealing 70 O.S. 2011, Section 8 -104, as
116		-	amended by Section 1, Chapter 85, O.S.L. 2013 (70
117		-	O.S. Supp. 2020, Section 8 -104), which relates to
118		-	emergency transfers; declaring an emergency; and
119		-	providing for conditional effect.
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	113	+	unless capacity is exceeded; directing admission to
	114	+	district of choice for certain children regardless of
	115	+	capacity; amending 70 O.S. 2011, Section 8 -113, which
	116	+	relates to transfers for children of school
	117	+	employees; allowing transfer of child of school
	118	+	employee without requiring district approval;
	119	+	repealing 70 O.S. 2011, Section 8 -104, as amended by
	120	+	Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp.
	121	+	2020, Section 8-104), which relates to emergency
	122	+	transfers; declaring an emergency; and providing for
	123	+	conditional effect.
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127	129		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
128	130		SECTION 1. AMENDATORY 70 O.S. 2011, Section 8 -101.2, as
129	131		amended by Section 2, Chapter 363, O.S.L. 2015 (70 O.S. Supp. 2020,
130	132		Section 8-101.2), is amended to read as follows:
131	133		Section 8-101.2 A. On Except as provided in subsection B of
132	134		this section, on and after January 1, 2000 2022, the transfer of a
133	135		student from the district in which the student resides to another
134	136		school district furnishing instruction in the grade the student is
135	137		entitled to pursue shall be granted if the transfer has the approval
136	138		of the board of education of the receiving district at any time in
137	139		the year unless the number of transfers exceeds the capacity of a
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139		-	ENGR. H. B. NO. 2074 Page 3 1
	141	+	HB2074 HFLR Page 3
	142	+	BOLD FACE denotes Committee Amendments. 1
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164		-	grade level for each school site within a school district . If the
165		-	capacity of a grade level for each school site within a school
166		-	district is insufficient to enroll a ll eligible students, the school
167		-	district shall select transfer students in the order in which the
168		-	district received the student transfer applications . The capacity
	167	+	program, class, grade level or building. If capacity is
	168	+	insufficient to enroll all eligible students of a program, class,
	169	+	grade level or building, the school district shall select tran sfer
	170	+	students through a public lottery selection process. The capacity
169	171		of a school district shall be determined by the school district
170	172		board of education based on its policy adopted pursuant to
171	173		subsection B of this section . A student may be granted a one-year
172	174		transfer and may continue to attend the school each school year to
173	175		which the student transferred with the approval of the receiving
174	176		district only. At the end of each school year, a school district
175	177		may deny continued transfer of the student for the r easons outlined
176	178		in paragraphs 1 and 2 of subsection B of this section. Any brother
177		-	or sister of a student granted a transfer and any who transfers may
178		-	attend the school district to which the student transferred unless
179		-	the transfer is denied for the reasons outlined in paragraphs 1 and
180		-	2 of subsection B of this section. Any child in the custody of the
181		-	Department of Human Services in foster care who is living in th e
182		-	home of a student granted a transfer who transfers may attend the
183		-	school district to which the student transferred with the approval
184		-	of the receiving district only . Except for a child in the custody
185		-	of the Department of Human Services in foster care, no student shall
186		-	be permitted to transfer more than once in any school year a
187		-	transfer student shall not transfer more than two times per school
	179	+	or sister of a student granted a transfer who transfers and any
	180	+	child in the custody of the Department of Human Services in foster
	181	+	care who is living in the home of a stude nt granted a transfer who
	182	+	transfers may attend the school district to which the student
	183	+	transferred with the approval of the receiving district only .
	184	+	Except for a child in the custody of the Department of Human
	185	+	Services in foster care, no student shall be permitted to transfer
	186	+	more than once in any school year a transfer student shall not
	187	+	transfer more than two (2) times per school year to one or more
	188	+	school districts in which the student does not reside, provided that
	189	+	the student may always reenroll at an y time in his or her school
	190	+	district of residence .
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189		-	ENGR. H. B. NO. 2074 Page 4 1
	192	+	HB2074 HFLR Page 4
	193	+	BOLD FACE denotes Committee Amendments. 1
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214		-	year to one or more school districts in which the student does not
215		-	reside, provided that the student may always r eenroll at any time in
216		-	his or her school district of residence .
217	218		If the grade a student is entitled to pursue is not offered in
218	219		the district where the student resides, the transfer shall be
219	220		automatically approved.
220	221		B. When a student has been transferred and later change s
221	222		residence to another school district in the State of Oklahoma, the
222	223		student shall be entitled to continue to attend school in the
223	224		district to which the student was transferred. If a change of
224	225		residence is to the district to which the student was transfer red,
225	226		upon affidavit of the parent of the student, that district shall
226	227		become the resident district. If a student changes residence to
227	228		another district during the school year which is not the same
228	229		district the student transferred to, the student shall be e ntitled
229	230		to attend school in either the receiving district or the new
230	231		district of residence for the remainder of the current year.
231	232		C. Any student transfer approved for any reason prior to
232	233		January 1, 2000, shall continue to be valid and shall not be subject
233	234		to the Education Open Transfer Act unless the parent having custody
234	235		chooses otherwise. Each school district board of education shall
235	236		adopt a policy to determine the number of transfer students the
236		-	school district has the capacity to accept in each grade level for
	237	+	school district has the capacity to accept for each progr am, class,
	238	+	grade level and building no later than January 1, 2022. The policy
	239	+	may include:
	240	+	1. The acts and reasons outlined in Section 24 -101.3 of this
	241	+	title as a basis for denial of a transfer; and
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238		-	ENGR. H. B. NO. 2074 Page 5 1
	243	+	HB2074 HFLR Page 5
	244	+	BOLD FACE denotes Committee Amendments. 1
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263		-	each school site within a school district no later than January 1,
264		-	2022. The policy may include:
265		-	1. The acts and reasons outlined in Section 24 -101.3 of this
266		-	title as a basis for denial of a transfer; and
267	269		2. A history of absences as a basis for denial of a tr ansfer.
268	270		For the purposes of this section, "history of absences" means ten
269	271		or more absences in one semester that are not excused for the
270	272		reasons provided for in subsection B of Section 10 -105 of this title
271	273		or due to illness.
272	274		The policy shall be publicly posted on the school district
273	275		website.
274		-	C. By the first ~~day~~ of ~~January, April, July and October~~ , the
275		-	~~school district board of~~ education shall establish the number of
276		-	~~transfer students the school~~ district has the capacity to ~~acc ept~~ in
277		-	~~each grade level for each school site within a school district~~ .
	276	+	C. By the first of each month, the school district board of
	277	+	education shall establish the number of transfer students the school
	278	+	district has the capacity to accept in each grade level and
	279	+	building.
278	280		D. After establishing the number of transfer students the
279		-	school district has the capacity to accept in each grade level for
280		-	each school site within a school district , the board of education
281		-	shall:
	281	+	school district has the capacity to accept in each program, class,
	282	+	grade level and building, the board of education shall:
282	283		1. Publish in a prominent place on the school district website
283		-	the number of transfer students for each grade level for each school
284		-	site within a school district which the school district has the
285		-	capacity to accept; and
	284	+	the number of transfer stud ents for each program, class, grade level
	285	+	and building which the school district has the capacity to accept;
	286	+	and
	287	+	2. Report to the State Department of Education the number of
	288	+	transfer students for each program, class, grade level and building
	289	+	which the school district has the capacity to accept.
	290	+	E. The State Department of Education shall publish the data
	291	+	received from school districts pursuant to subsection D of this
	292	+	section in a prominent place on the Department website.
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287		-	ENGR. H. B. NO. 2074 Page 6 1
	294	+	HB2074 HFLR Page 6
	295	+	BOLD FACE denotes Committee Amendments. 1
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312		-	2. Report to the Sta te Department of Education the number of
313		-	transfer students for each grade level for each school site within a
314		-	school district which the school district has the capacity to
315		-	accept.
316		-	E. If a transfer request is denied by the school district, the
	320	+	F. If a transfer request is denie d by the school district, the
317	321		parent of the student may appeal the denial within ten (10) days of
318		-	notification of the denial to the receiving school district board of
319		-	education. The receiving school district board of education shall
320		-	consider the appeal at its next regularly scheduled board meetin g.
321		-	If the receiving school district board of education denies the
322		-	appeal, the parent of the student may appeal the denial within ten
323		-	(10) days of notification of the appeal denial to the State Board of
324		-	Education. The parent shall submit to the State Board of Education
325		-	and the superintendent of the receiving school district a notice of
326		-	appeal on a form prescribed by the State Board of Education. The
327		-	appeal shall be considered by the State Board of Education at its
328		-	next regularly scheduled meeting. The State Board of Education
329		-	shall promulgate rules to establish the appeals process authorized
330		-	by this subsection.
331		-	F. Each school district board of education shall submit to the
332		-	State Department of Education the number of student transfers
333		-	approved and denied and whether each denial was based on capacity,
334		-	acts and reasons outlined in Section 24 -101.3 of this title or a
335		-	history of absences as provided for in paragraph 2 of subsection B
	322	+	notification of the denial to the State Board of Education. The
	323	+	parent shall submit to the Board and the superintendent of the
	324	+	receiving school a notice of a ppeal on a form prescribed by the
	325	+	Board. The appeal shall be considered by the Board at its next
	326	+	regularly scheduled meeting. The Board shall promulgate rules to
	327	+	establish the appeals process authorized by this subsection.
	328	+	G. Beginning June 30, 2023, an d each June 30 thereafter, each
	329	+	school district board of education shall submit to the State Board
	330	+	of Education and the Office of Educational Quality and
	331	+	Accountability the number of student transfers approved and denied
	332	+	for the preceding school year and t he reason for the denials.
	333	+	H. Each year, the Office of Educational Quality and
	334	+	Accountability shall randomly select ten percent (10%) of the school
	335	+	districts in the state and conduct an audit of each district's
	336	+	approved and denied transfers based on the p rovisions of the
	337	+	policies adopted by the respective school district board of
	338	+	education. If the Office finds inaccurate reporting of capacity
	339	+	levels by a school district, the Office shall set the capacity for
	340	+	the school district.
	341	+	SECTION 2. AMENDATORY 70 O.S. 2011, Section 8 -103, as
	342	+	amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. Supp. 2020,
	343	+	Section 8-103), is amended to read as follows:
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337		-	ENGR. H. B. NO. 2074 Page 7 1
	345	+	HB2074 HFLR Page 7
	346	+	BOLD FACE denotes Committee Amendments. 1
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362		-	of this section. The State Department of Education shall publish
363		-	the data on its website and make the data available to the Office of
364		-	Educational Quality and Accountability.
365		-	G. Each year, the Office of Educational Quality and
366		-	Accountability shall randomly select ten percent (10%) of the school
367		-	districts in the state and conduct a n audit of each district's
368		-	approved and denied transfers based on the provisions of the
369		-	policies adopted by the respective school district board of
370		-	education. If the Office finds inaccurate reporting of capacity
371		-	levels by a school district, the Office sha ll set the capacity for
372		-	the school district.
373		-	SECTION 2. AMENDATORY 70 O.S. 2011, Section 8 -103, as
374		-	amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. Supp. 2020,
375		-	Section 8-103), is amended to read as follows:
376	371		Section 8-103. A. In order that any student may be
377	372		transferred, an application form s pecified by the State Board of
378	373		Education must be completed by the parents of the student. For
379	374		purposes of the Education Open Transfer Act, the term "parent" means
380	375		the parent of the student or person having custody of the student as
381	376		provided for in paragra ph 1 of subsection A of Section 1 -113 of this
382	377		title. The application shall be obtained from and filed with the
383	378		superintendent of the receiving school district for transfers to
384		-	school districts in the State of Oklahoma this state and with the
385		-	State Board of Education for transfers to school districts in
	379	+	school districts in the State of Oklahoma and with the State Board
	380	+	of Education for transfers to school districts in another state.
	381	+	Except as otherwise provided for in this section, applications shall
	382	+	be filed no later than May 31 of the school year preceding the
	383	+	school year for which the transfer is desired. By May 31 of the
	384	+	same school year, the receiving school district shall notify the
	385	+	resident school district that an application for transfer has been
	386	+	filed by a student enrolled in the resident school district. The
	387	+	board of education of the receiving school district shall appro ve or
	388	+	deny the application for transfer not later than July 15 of the same
	389	+	year and shall notify the parents of the student of the decision.
	390	+	By August 1 of the same year, the parents of the student shall
	391	+	notify the receiving school district that the stude nt will be
	392	+	enrolling in that school district. Failure of parents to notify the
	393	+	district as required may result in loss of the student's right to
	394	+	enroll in the district for that year.
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387		-	ENGR. H. B. NO. 2074 Page 8 1
	396	+	HB2074 HFLR Page 8
	397	+	BOLD FACE denotes Committee Amendments. 1
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412		-	another state. Except as otherwise provided for in this section,
413		-	applications shall be filed no later than May 31 of the school year
414		-	preceding the school year for which the transfer is desired. By May
415		-	31 of the same school year, the receiving school district shall
416		-	notify the resident school district that an application for transfer
417		-	has been filed by a student enrolled in the resident sch ool
418		-	district. The board of education of the receiving school district
419		-	shall approve or deny the application for transfer not later than
420		-	July 15 of the same year and shall notify the parents of the student
421		-	of the decision. By August 1 of the same year, th e parents of the
422		-	student shall notify the receiving school district that the student
423		-	will be enrolling in that school district. Failure of parents to
424		-	notify the district as required may result in loss of the student's
425		-	right to enroll in the district for t hat year.
426		-	B. On or before September 1 the first day of January, April,
427		-	July and October, it shall be the duty of the superintendent of the
428		-	receiving school district to file with the State Board of Education
429		-	and each resident district a statement showing t he names of the
430		-	students granted transfers to the school district, the resident
431		-	school district of the transferred students and their respective
432		-	grade level.
	422	+	B. On or before September 1 the first day of each month , it
	423	+	shall be the duty of the superintendent of the receiving school
	424	+	district to file with the State Board of Education and each resident
	425	+	district a statement showing the names of the students granted
	426	+	transfers to the school district, the resident school district of
	427	+	the transferred students and their respective grade level.
433	428		C. The receiving school district of a student transferred
434	429		pursuant to the provisions of this act shall notify the resident
435	430		school district and parents of the student of a cancellation of the
	431	+	transfer. Such notice shall be made by July 15 prior to the school
	432	+	year for which the cancellation is applicable.
	433	+	D. For students who are deaf or hearing impaired who wish to
	434	+	transfer to a school district with a specialized deaf education
	435	+	program, applications may be filed at any time during the school
	436	+	year. Upon approval of the receiving school district, the The
	437	+	student may transfer to the receiving school district at any time
	438	+	during the school year.
	439	+	D. The school district shall enroll transfer students in the
	440	+	order in which they submit their applications. If the number of
	441	+	transfer student applications exceeds the capacity of a receiving
	442	+	school district, as determined by subsection A of Section 8 -101.2 of
	443	+	this title, the district shall select transfer student ap plicants
	444	+	through a public lottery selection process.
436	445
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461	471
462		-	transfer. Such notice shall be made by July 15 prior to the school
463		-	year for which the cancellation is applicable.
464		-	D. For students who are deaf or hearing -impaired who wish to
465		-	transfer to a school district with a specialized deaf education
466		-	program, applications may be filed at any time during the school
467		-	year. Upon approval of the receiving school district, the The
468		-	student may transfer to the receiving school dist rict at any time
469		-	during the school year.
470		-	D. The school district shall enroll transfer students in the
471		-	order in which they submit their applications. If the number of
472		-	transfer student applications exceeds the capacity of a receiving
473		-	school district, as de termined by subsection A of Section 8 -101.2 of
474		-	this title, the district shall select transfer student s in the order
475		-	in which the district received the student transfer applications .
476	472		E. If a transfer application is denied based on the receiving
477	473		school district's open transfer policy adopted pursuant to
478	474		subsection B of Section 8 -101.2 of this title, the parent of the
479		-	student may appeal the decision ~~as provided for in subsection E~~ of
480		-	Section 8-101.2 of this title.
	475	+	student may appeal the decision to the State Board of Education as
	476	+	provided in subsection F of Section 8 -101.2 of this title.
481	477		SECTION 3. AMENDATORY 70 O.S. 2011, Section 8 -103.1, as
482	478		amended by Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp. 20 20,
483	479		Section 8-103.1), is amended to read as follows:
484	480		Section 8-103.1 A. A local school district board of education
485	481		which receives a request for a transfer for a student who does not
	482	+	reside in the school district may refuse shall not deny the transfer
	483	+	in accordance with the provisions of the open transfer policy
	484	+	adopted by the local school district board of education and subject
	485	+	to the provisions of subsection B of this section. Each local board
	486	+	of education shall adopt an open transfer policy for the sch ool
	487	+	district which specifies its criteria and standards for approval of
	488	+	transfers of students who do not reside in the district. The policy
	489	+	shall include, but shall not be limited to, provisions relating to
	490	+	the availability of programs, staff, or space as criteria for
	491	+	approval or denial of transfers. A school district may include in
	492	+	the policy as the basis for denial of a transfer, the reasons
	493	+	outlined in Section 24 -101.3 of this title unless the number of
	494	+	requested transfers exceeds the capacity of a pro gram, class, grade
	495	+	level or building. If capacity is insufficient to enroll all
486	496
487		-	ENGR. H. B. NO. 2074 Page 10 1
	497	+	HB2074 HFLR Page 10
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512		-	reside in the school district may refuse shall not deny the transfer
513		-	in accordance with the provisions of the open transfer policy
514		-	adopted by the local school district board of education and subject
515		-	to the provisions of subsect ion B of this section. Each local board
516		-	of education shall adopt an open transfer policy for the school
517		-	district which specifies its criteria and standards for approval of
518		-	transfers of students who do not reside in the district. The policy
519		-	shall include, but shall not be limited to, provisions relating to
520		-	the availability of programs, staff, or space as criteria for
521		-	approval or denial of transfers. A school district may include in
522		-	the policy as the basis for denial of a transfer, the reasons
523		-	outlined in Section 24-101.3 of this title unless the number of
524		-	requested transfers exceeds the capacity of a grade level for each
525		-	school site within a school district . If the number of student
526		-	transfer applications exceeds the capacity of a receiving school
527		-	district, as determined by subsection A of Section 8 -101.2 of this
528		-	title, the district shall select transfer students in the order in
529		-	which the district received the student transfer applications . The
530		-	capacity of a school district shall be determined by the schoo l
531		-	district board of education based on its policy that complies with
532		-	subsection B of Section 8 -101.2 of this title.
	523	+	eligible students of a program, class, grade level or building, the
	524	+	school district shall select students through a public lottery
	525	+	selection process. The capacity of a school district shall be
	526	+	determined by the school district board of education based on its
	527	+	policy that complies with subsection B of Section 8 -101.2 of this
	528	+	title.
533	529		In considering requests for students to transfer into a school
534	530		district, the board of education sh all consider the requests on a
535	531		first-come, first-serve basis. A school district shall not accept
	532	+	or deny a transfer based on ethnicity, national origin, gender,
	533	+	income level, disabling condition, proficiency in the English
	534	+	language, measure of achievement , aptitude, or athletic ability.
	535	+	Notwithstanding the provisions of the Education Open Transfer
	536	+	Act, transfers of children with disabilities shall be granted as
	537	+	authorized in Section 13 -103 of this title.
	538	+	B. A local school district board of education shall adopt a
	539	+	policy for the school district regarding the transfer of students
	540	+	Students who are the dependent children of a member of the active
	541	+	uniformed military services of the United States on full -time active
	542	+	duty status and for whom Oklahoma is the home of record and students
	543	+	who are the dependent children of a member of the military reserve
	544	+	on active duty orders and for whom Oklahoma is the home of record
	545	+	shall be eligible for admission to the school district of their
	546	+	choice regardless of the capacity of the district. The policy
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562		-	or deny a transfer based on ethnicity, national origin, gender,
563		-	income level, disabling condition, proficiency in the English
564		-	language, measure of achievement, aptitude, or athletic ability.
565		-	Notwithstanding the provisions of the Education Open Transfer
566		-	Act, transfers of children with disabilities shall be granted as
567		-	authorized in Section 13 -103 of this title.
568		-	B. A local school district board of education shall adopt a
569		-	policy for the school district re garding the transfer of students
570		-	Students who are the dependent children of a member of the active
571		-	uniformed military services of the United States on full -time active
572		-	duty status and for whom Oklahoma is the home of record and students
573		-	who are the dependent children of a member of the military reserve
574		-	on active duty orders and for whom Oklahoma is the home of record
575		-	shall be eligible for admission to the school district of their
576		-	choice regardless of the capacity of the district . The policy
577	574		Students shall provide for the approval of the transfer be eligible
578	575		if:
579	576		1. At least one parent of the student has a Department of
580	577		Defense-issued identification card; and
581	578		2. At least one parent can provide evidence that he or sh e will
582	579		be on active duty status or active duty orders, meaning the parent
583	580		will be temporarily transferred in compliance with official orders
584	581		to another location in support of combat, contingency operation or a
	582	+	natural disaster requiring the use of orders f or more than thirty
	583	+	(30) consecutive days ; and
	584	+	3. The student will be residing with a relative of the student
	585	+	who lives in the receiving school district or who will be living in
	586	+	the receiving school district within six (6) months of the filing of
	587	+	the application for transfer .
	588	+	SECTION 4. AMENDATORY 70 O.S. 2011, Section 8 -113, is
	589	+	amended to read as follows:
	590	+	Section 8-113. A student shall be allowed to transfer to a
	591	+	school district in which the parent or legal guardian of the stude nt
	592	+	is employed as a teacher, as defined in Section 1 -116 of Title 70 of
	593	+	the Oklahoma Statutes, upon the approval of the receiving district
	594	+	only this title.
	595	+	SECTION 5. REPEALER 70 O.S. 2011, Section 8 -104, as
	596	+	amended by Section 1, Ch apter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
	597	+	Section 8-104), is hereby repealed.
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611		-	natural disaster requiring the use of orders for more than thirty
612		-	(30) consecutive days ; and
613		-	3. The student will be residing with a relative of the student
614		-	who lives in the receiving school district or who will be living in
615		-	the receiving school district within six (6) months of the filing of
616		-	the application for transfer .
617		-	SECTION 4. AMENDATORY 70 O.S. 2011, Section 8 -113, is
618		-	amended to read as follows:
619		-	Section 8-113. A student shall be allowed to transfer to a
620		-	school district in which the parent or legal guardian of the student
621		-	is employed as a teacher, as defined in Section 1-116 of Title 70 of
622		-	the Oklahoma Statutes, upon the approval of the receiving district
623		-	only this title.
624		-	SECTION 5. REPEALER 70 O.S. 2011, Section 8 -104, as
625		-	amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
626		-	Section 8-104), is hereby repealed.
627	625		SECTION 6. It being immediately necessary for the preservation
628	626		of the public peace, health or safety, an emergency is hereby
629	627		declared to exist, by reason whereo f this act shall take effect and
630	628		be in full force from and after its passage and approval.
631	629		SECTION 7. The provisions of this act shall be contingent upon
632	630		the enactment of the provisions of House Bill No. 2078 of the 1st
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659	631		Session of the 58th Oklahoma Legislature and shall not become
660	632		operative as law otherwise.
661		-	Passed the House of Representatives the 24th day of February,
662		-	2021.
663	633
664		-
665		-
666		-
667		-	Presiding Officer of the House
668		-	of Representatives
669		-
670		-
671		-	Passed the Senate the ___ day of __________, 2021.
672		-
673		-
674		-
675		-
676		-	Presiding Officer of the Senate
	634	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/22/2021
	635	+	- DO PASS, As Amended and Coauthored.