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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 3038 By: Boles
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 8-101.2 and 8-113, which relate to student
transfers; authorizing automatic transfers for
certain students; permitti ng school district to give
preference for sibling transfers; allowing school
district to grant preference for children of
employees; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -101.2, is
amended to read as follows:
Section 8-101.2 A. Except as provided in subsection B of this
section, on and after January 1, 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 at any time in the year unless the number
of transfers exceeds the capacity of a grade level for each s chool
site within a school district. If the capacity of a grade l evel for
each school site within a school district is insufficient to enrol l
all eligible students, the school district shall select transfer
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students in the order in which the district rece ived the student
transfer applications . The capacity of a school district shall be
determined by the school district board of education base d on its
policy adopted pursuant to subsection B of this section. A student
may be granted a one -year transfer and may automatically continue to
attend the school each school year to which the s tudent transferred
with the approval of the receiving district. At the end of each
school year, a school district may deny continued transfer of the
student for the reasons ou tlined in paragraphs 1 and 2 of subsec tion
B of this section. Any brother or si ster of a student who transfers
may attend the school district to which the student transferred as
long as the school district has capacity , if the school district
policy gives preference to sibling transfers regar dless of capacity,
and the brother or sister of the transferred student does not meet a
basis for denial as outlined in paragraphs 1 an d 2 of subsection B
of this section. Any child in the custody of the Depar tment of
Human Services in foster care who is living in the home of a student
who transfers may attend the school district to which the student
transferred. Except for a child in t he custody of the Department of
Human Services in foster care, a transfer s tudent shall not transfer
more than two (2) ti mes per school year to one or more school
districts in which the student does not reside, provided that the
student may always reenroll at any time in his or her school
district of residence.
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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. Each school district board of education shall adopt a policy
to determine the number of transfer students the school dist rict has
the capacity to accept in each grade level for each school site
within a school district no later than January 1, 2022. The policy
may include:
1. The acts and reasons ou tlined in Section 24 -101.3 of this
title as a basis for denial of a transfe r; and
2. A history of absences as a basis fo r denial of a transfer.
For the purposes of this section, "history of absences" means ten or
more absences in one semester that are no t 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 boar d of education shall establish the number of
transfer students the school d istrict has the capacity to accept 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
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each school site within a sc hool 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
2. Report to the State Department o f Education the number of
transfer students for each grade level for each school site within a
school district which the school distric t has the capacity to
accept.
E. If a transfer request is denied by the sc hool district, the
parent of the student may a ppeal 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 r egularly scheduled board meeting.
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 a notice of appeal on
a form prescribed by the State Board of Education. The appeal sha ll
be considered by the State Board of Education at its next regularly
scheduled meeting, where the parent and a represen tative from the
receiving school district may address the Board. The State Board of
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Education shall promulgate rules to establish the appeals process
authorized by this subsection.
F. Each school district boa rd 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 pro vided for in paragraph 2 of subsection B
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 sel ect 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 provisions of the
policies adopted by the respective school district board of
education. If the Office finds inac curate reporting of capacity
levels by a school district, the Office shall set the capacity for
the school district.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 8 -113, is
amended to read as follows:
Section 8-113. A student shall may 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 this title
by the district, if the school district policy o n student transfers
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grants preference for children of employees, regardless of school
district capacity.
SECTION 3. 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 s hall take effect and
be in full force from and after its passage an d approval.
58-2-8660 EK 11/30/21