Oklahoma 2022 Regular Session

Oklahoma House Bill HB3038 Compare Versions

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1		-	An Act
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	30	+	April 5, 2022
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3	34		BILL NO. 3038 By: Boles, Ranson, Sterling,
4	35		and Stark of the House
5	36
6	37		and
7	38
8	39		Pemberton and Dossett
9	40		(J.J.) of the Senate
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16	45		An Act relating to schools; amending 70 O.S. 2021,
17	46		Sections 8-101.2 and 8-113, which relate to student
18	47		transfers; authorizing automatic transfers for
19	48		certain students; permitting school district to give
20	49		preference for sibling transfers; allowing certain
21	50		student to transfer regardless of capacity; directing
22	51		certain school district to grant preference for
23	52		children of employees; and de claring an emergency.
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28		-	SUBJECT: Schools
29		-
30	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
31		-
32	58		SECTION 1. AMENDATORY 70 O.S. 2021, Section 8-101.2, is
33	59		amended to read as follows:
34		-
35	60		Section 8-101.2 A. Except as provided in subsection B of this
36	61		section, on and after January 1, 2022, the transfer of a student
37	62		from the district in which the student resides to another school
38	63		district furnishing instruction in the grade the student is e ntitled
39	64		to pursue shall be granted at any time in the year unless the n umber
40	65		of transfers exceeds the capacity of a grade level for each school
41	66		site within a school district. If the capacity of a grade level for
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42	94		each school site within a school district i s insufficient to enroll
43	95		all eligible students, the school district sha ll select transfer
44	96		students in the order in which the district received the student
45	97		transfer applications . The capacity of a schoo l district shall be
46		-	determined by the school district board of education ~~base d~~ on its ~~ENR. H. B. NO. 3038 Page 2~~
	98	+	determined by the school district board of education based on its
47	99		policy adopted pursuant to subsection B of this section. A student
48	100		may be granted a one -year transfer and may automatically continue to
49	101		attend the school each school yea r to which the student transferred
50	102		with the approval of the receiving district. At the end of each
51	103		school year, a school dis trict may deny continued transfer of the
52	104		student for the reasons outlined in paragraphs 1 and 2 of subsec tion
53	105		B of this section. A ny brother or sister of a student who transfers
54	106		may attend the school district to which the student transferred as
55	107		long as the school district has capacity, if the school district
56	108		policy gives preference to sibling transfers regar dless of capacity,
57	109		and the brother or sister of the transferred student does not meet a
58	110		basis for denial as outlined in paragraphs 1 an d 2 of subsection B
59	111		of this section. Any child in the custody of the Depar tment of
60	112		Human Services in foster care who is living in the home of a st udent
61	113		who transfers may attend the school district to which the student
62	114		transferred. Except for a child in t he custody of the Department of
63	115		Human Services in foster care, a transfer s tudent shall not transfer
64	116		more than two (2) ti mes per school year to one or more school
65	117		districts in which the student does no t reside, provided that the
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66	145		student may always reenroll at any time in his or her school
67	146		district of residence. At the discretion of the receiving dis trict,
68	147		a student who has attend ed a school district as a resident student
69	148		for at least three (3) years pr ior to becoming eligible to apply as
70	149		a transfer student may be allowed to transfer to the sch ool district
71	150		regardless of capacity.
72		-
73	151		If the grade a student is entitled to pursue is not offered in
74	152		the district where the student resides, the transfer shall be
75	153		automatically approved.
76		-
77	154		B. Each school district board of education shal l adopt a policy
78	155		to determine the number of transfer students the school dist rict has
79	156		the capacity to accept in each grade level for each school site
80	157		within a school district no later t han January 1, 2022. The policy
81	158		may include:
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83	159		1. The acts and reasons outlined in Section 24 -101.3 of this
84	160		title as a basis for denial of a transfe r; and
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86	161		2. A history of absences as a basis fo r denial of a transfer.
87	162		For the purposes of this section, "history of absences" means ten or
88	163		more absences in one semester that are not excused for the re asons
89	164		provided for in subsection B of Section 10 -105 of this title or due
90	165		to illness.
91		-	ENR. H. B. NO. 3038 Page 3
92	166		The policy shall be publicly posted on the school district
93	167		website.
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95	195		C. By the first day of January, April, July and October, the
96	196		school district board of education shall establish the number of
97	197		transfer students the school d istrict has the capacity to accept in
98	198		each grade level for each school site within a school district.
99		-
100	199		D. After establishing the number of transfer students the
101	200		school district has the capacity to acce pt in each grade level for
102	201		each school site within a sc hool district, the board of education
103	202		shall:
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105	203		1. Publish in a prominent place on the school district website
106	204		the number of transfer students for each grade level for each school
107	205		site within a school di strict which the school district has the
108	206		capacity to accept; and
109		-
110	207		2. Report to the State Department o f Education the number of
111	208		transfer students for each grade lev el for each school site within a
112	209		school district which the school distr ict has the capacity t o
113	210		accept.
114		-
115	211		E. If a transfer request is denied by the sc hool district, the
116	212		parent of the student may a ppeal the denial within ten (10) days of
117	213		notification of the d enial to the receiving school district board of
118	214		education. The receivi ng school district board of education shall
119	215		consider the appeal at its next r egularly scheduled board meeting.
120	216		If the receiving school district board of education denies the
121	217		appeal, the parent of the student may appeal the denial within ten
122	218		(10) days of notification of the app eal denial to the State Board of
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123	246		Education. The parent shall submit to the State Board of Education
124	247		and the superintendent of the receiving school a notice of app eal on
125	248		a form prescribed by the State Board of Education. The appeal s hall
126	249		be considered by the State Board of Education at its next regularly
127	250		scheduled meeting, where the parent and a represen tative from the
128	251		receiving school district may address the Boar d. The State Board of
129	252		Education shall promulgate rules to establish th e appeals process
130	253		authorized by this subsection.
131		-
132	254		F. Each school district boa rd of education shall submit to the
133	255		State Department of Education the number of student transfers
134	256		approved and denied and whether each denial was based on capacity,
135	257		acts and reasons outlined in Section 24-101.3 of this title or a
136		-	history of absences as pro vided for in paragraph 2 of subsection B ~~ENR. H. B. NO. 3038 Page 4~~
	258	+	history of absences as pro vided for in paragraph 2 of subsection B
137	259		of this section. The State Department of Education shall publish
138	260		the data on its website and make the data available to the Office of
139	261		Educational Quality and A ccountability.
140		-
141	262		G. Each year, the Office of Educational Quality and
142	263		Accountability shall randomly sel ect ten percent (10%) of the school
143	264		districts in the state and conduct an audit of each district's
144	265		approved and denied transfers base d on the provisions of the
145	266		policies adopted by the respective school district board of
146	267		education. If the Office finds inac curate reporting of capacity
147	268		levels by a school district, the Office shall set the capacity for
148	269		the school district.
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150	297		SECTION 2. AMENDATORY 70 O.S. 2021, Section 8 -113, is
151	298		amended to read as follows:
152		-
153	299		Section 8-113. A student shall be allowed to transfer to a
154	300		school district in which the pare nt or legal guardian of the student
155	301		is employed as a teacher, as define d in Section 1-116 of this title
156	302		by the district, if the school district policy on student transfers
157	303		grants preference for children of employees, regardless of school
158	304		district capacity.
159		-
160	305		SECTION 3. It being immediately necessary for the pre servation
161	306		of the public peace, health or safety, an emergency is hereby
162	307		declared to exist, by reason whereof this act s hall take effect and
163	308		be in full force from and after its passage a nd approval.
164		-	ENR. H. B. NO. 3038 Page 5
165		-	Passed the House of Representatives the 21st day of February,
166		-	2022.
167		-
168		-
169		-
170		-
171		-	Presiding Officer of the House
172		-	of Representatives
173		-
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175		-	Passed the Senate the 28th day of April, 2022.
176		-
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180		-	Presiding Officer of the Senate
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183		-
184		-	OFFICE OF THE GOVERNOR
185		-	Received by the Offi ce of the Governor this ____________________
186		-	day of ___________________, 20_______, at _______ o'clock _______ M.
187		-	By: _________________________________
188		-	Approved by the Governor of the State of Oklahoma this _____ ____
189		-	day of ___________________, 20_______, at _______ o'clock _______ M.
190		-
191		-
192		-	_________________________________
193		-	Governor of the State of Oklahoma
194		-
195		-	OFFICE OF THE SECRETARY OF STATE
196		-	Received by the Office of the Secretary of State this __________
197		-	day of ___________________, 20_______, at _______ o'clo ck _______ M.
198		-	By: _________________________________
	309	+	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
	310	+	April 5, 2022 - DO PASS