Oklahoma 2022 Regular Session

Oklahoma House Bill HB3084 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 3084 By: Hilbert of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (202 2)
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35+HOUSE BILL 3084 By: Hilbert of the House
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3137 and
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3339 Pugh of the Senate
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45+AS INTRODUCED
3946
4047 An Act relating to school transportation; amending 70
4148 O.S. 2021, Section 3-141, which relates to
4249 transporting charter school students ; deleting
4350 requirement limiting transportation to certain
4451 boundaries; amending 70 O.S. 2021, Section s 9-101 and
4552 9-105, which relate to student transportation ;
4653 removing restriction on where a receiving district
4754 can provide transportation to student transfers;
4855 deleting provision withholding state funding from
4956 district not adhering to transportation bo undaries;
5057 authorizing transport of students living outside of
5158 certain boundaries and ro utes; providing an effective
5259 date; and declaring an emergency .
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5865 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5966 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3 -141, is
6067 amended to read as follows:
6168 Section 3-141. A. Transportation shall be provided by the
6269 charter school in accordance with Se ctions 9-101 through 9-118 of
6370 Title 70 of the Oklahoma Statutes and only within the transportation
64-boundaries of the school district in which the c harter school is
65-located this title.
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98+boundaries of the school district in which the c harter school is
99+located this title.
92100 B. A charter school shall provide the parent or guardian
93101 information regarding transportation at the time the student enrolls
94102 in the charter school.
95103 SECTION 2. AMENDATORY 70 O.S. 2021, Section 9 -101, is
96104 amended to read as follows:
97105 Section 9-101. A. Any school district may provide
98106 transportation for any child who is participating in any
99107 prekindergarten or early childhood program operated by the school
100108 district or any child who is participating in any Head Star t program
101109 offered within the school district.
102110 B. Upon a request for a student transfer purs uant to the
103111 provisions of the Education Open Transfer Act, if the parent of the
104112 student requests that the receiving district provide transportation
105113 for the student, and if the receiving district grants the transfer,
106114 then the receiving district may provide such transportation only
107115 within the boundaries of the receiving school district. A receiving
108116 school district shall not cross school district boundaries to
109117 transport a kindergarten throu gh eighth-grade student transferred
110118 pursuant to the Education Open Tra nsfer Act except as otherwise
111119 authorized in Section 9 -105 of this title.
112120 C. Any school district may provide transportation for each
113121 student who should attend any p ublic elementary or se condary school
114-when, and only when, transportation is necessary for ac complishment
115-of one of the following purposes:
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149+when, and only when, transportation is necessary for ac complishment
150+of one of the following purposes:
142151 1. To provide adequate educational facilities and opportunities
143152 which otherwise would not be available, which shall include those
144153 purposes provided in the Education Open Transfer Act; and
145154 2. To transport stu dents whose homes are more than a reasonable
146155 walking distance, as defined by regulations of the State Board of
147156 Education, from the school attended by such student. Provided, that
148157 no state funds shall be paid for the transportation of a student
149158 whose residence is within one and one-half (1 1/2) miles from the
150159 school attended by such student.
151160 SECTION 3. AMENDATORY 70 O.S. 2021, Section 9 -105, is
152161 amended to read as follows:
153162 Section 9-105. A. The State Board of Education shall deter mine
154163 and fix definite boundaries of the area in which each school
155164 district shall provide transportation for each school. When an
156165 elementary school district is surrounded by an independe nt school
157166 district, the independent school district must be designated as the
158167 transportation area for the high school students in the elementary
159168 school district.
160169 B. The State Board of Education is authorized to establish
161170 definite routes in each transporta tion area, and it shall be the
162171 further duty of said Board to make rule s and regulations as to the
163172 manner in which said area and routes may be es tablished or changed.
164-Except as otherwise provided in this section, state funds payable to
165-a district shall be withheld for a failure or refusal to confine its
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200+Except as otherwise provided in this section, state funds payable to
201+a district shall be withheld for a failure or refusal to confine its
192202 transportation to the area and routes designated by the State Board
193203 of Education or to comply w ith the rules and regulations of the
194204 State Board of Education. State funds payable to a school district
195205 shall not be withheld in the following circumstances:
196206 1. When, based upon th e mutual agreement of the two
197207 participating school districts, a school dis trict offering special
198208 education classes extends its transportation program to include the
199209 transportation of stu dents qualifying for special education in an
200210 adjacent school district which does not offer special education
201211 classes, for the purpose of offerin g its special education classes
202212 to said students; or
203213 2. When, by resolutions of the boards of education of two
204214 participating districts, the districts agree that one or both of the
205215 districts may extend its transportation program into the other
206216 participating district to provide transportation for students who
207217 reside in such other participating district and who, by a greement of
208218 the participating districts, are, or will be, attending sc hool in
209219 the district that has agreed to furnish transportation for the
210220 students. A school district board of educat ion may provide
211221 transportation to students living outside of the bounda ries and
212222 routes established by the State Board of Education.
213-C. The State Board shall promulgate rules as are necessary to
214-implement the provisions of this section.
215-SECTION 4. This act shall become effective July 1, 2022.
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250+C. The State Board shall promulgate rules as are necessary to
251+implement the provisions of this section.
252+SECTION 4. This act shall become effective July 1, 2022.
242253 SECTION 5. It being immediately necessary for the preservation
243254 of the public peace, health or safety, an emergency is hereby
244255 declared to exist, by reason whereof thi s act shall take effect and
245256 be in full force from and after its passage and approval.
246-Passed the House of Representatives the 7th day of March, 2022.
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251- Presiding Officer of the House
252- of Representatives
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255-Passed the Senate the ___ day of __________, 2022.
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260- Presiding Officer of the Senate
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258+COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/01/2022
259+- DO PASS, As Coauthored.