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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 3084 By: Hilbert
AS INTRODUCED
An Act relating to school transportation; amending 70
O.S. 2021, Section 3-141, which relates to
transporting charter school students ; deleting
requirement limiting transportation to certain
boundaries; amending 70 O.S. 2021, Section s 9-101 and
9-105, which relate to student transportation ;
removing restriction on where a rece iving district
can provide transportation to student transfers;
deleting provision withholding state funding from
district not adhering to transportation bo undaries;
authorizing transport of students living outside of
certain boundaries and rout es; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -141, is
amended to read as follows:
Section 3-141. A. Transportation shall be provided by the
charter school in accordance with Se ctions 9-101 through 9-118 of
Title 70 of the Oklahoma Statutes and only within the transportation
boundaries of the school district in which the c harter school is
located this title.
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B. A charter school shall provide the parent or guardian
information regarding transportation at the time the student enrolls
in the charter school.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 9 -101, is
amended to read as follows:
Section 9-101. A. Any school district may provide
transportation for any child who is participating in any
prekindergarten or early childhood program operated by the school
district or any child who is participating in any Head Star t program
offered within the school district.
B. Upon a request for a student transfer purs uant to the
provisions of the Education Open Transfer Act, if the parent of the
student requests that the receiving district provide transportation
for the student, and if the receiving district grants the transfer,
then the receiving district may provide such transportation only
within the boundaries of the receiving school district. A receiving
school district shall not cross school district boundaries to
transport a kindergarten through eighth -grade student transferred
pursuant to the Education Open Tra nsfer Act except as otherwise
authorized in Section 9 -105 of this title.
C. Any school district may provide transportation for each
student who should attend any p ublic elementary or secondary school
when, and only when, transportation is necessary for ac complishment
of one of the following purposes:
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1. To provide adequate educational facilities and opportunities
which otherwise would not be available, which shall include those
purposes provided in the Education Open Transfer Act; and
2. To transport stu dents whose homes are more than a reasonable
walking distance, as defined by regulations of the State Board of
Education, from the school attended by such student. Provided, that
no state funds shall be paid for the transportation of a student
whose residence is within one and one-half (1 1/2) miles from the
school attended by such student.
SECTION 3. AMENDATORY 70 O.S. 2021, Section 9 -105, is
amended to read as follows:
Section 9-105. A. The State Board of Education shall deter mine
and fix definite boundaries of the area in which each school
district shall provide transportation for each school. When an
elementary school district is surrounded by an independent school
district, the independent school district must be designated as the
transportation area for the high school students in the elementary
school district.
B. The State Board of Education is authorized to establish
definite routes in each transportation area, and it shall be the
further duty of said Board to make rule s and regulations as to the
manner in which said area and routes may be es tablished or changed.
Except as otherwise provided in this section, state funds payable to
a district shall be withheld for a failure or refusal to confine its
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transportation to the area and routes designated by the State Board
of Education or to comply w ith the rules and regulations of the
State Board of Education. State funds payable to a school district
shall not be withheld in the following circumstances:
1. When, based upon th e mutual agreement of the two
participating school districts, a school dis trict offering special
education classes extends its transportation program to include the
transportation of students qualifying for special education in an
adjacent school district which does not offer special education
classes, for the purpose of offerin g its special education classes
to said students; or
2. When, by resolutions of the boards of education of two
participating districts, the districts agree that one or both of the
districts may extend its transportation program into the other
participating district to provide transportation for students who
reside in such other participating district and who, by agreement of
the participating districts, are, or will be, attending sc hool in
the district that has agreed to furnish transportation for the
students. A school district board of educat ion may provide
transportation to students living outside of the boundaries and
routes established by the State Board of Education.
C. The State Board shall promulgate rules as are necessary to
implement the provisions of this section.
SECTION 4. This act shall become effective July 1, 2022.
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SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-8849 EK 12/20/21