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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislat ure (2022)
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32	32	HOUSE BILL 3654 By: Sterling
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38	38	AS INTRODUCED
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40	40	An Act relating to student transfers; amending 70
41	41	O.S. 2021, Section 8 -101.2, which relates to the
42	42	Education Open Transfer Act; deleting appeals of
43	43	transfer denials to the State Board of Education;
44	44	providing that appeal decision by receiving school
45	45	district board of education is final ; barring
46	46	additional appeals; and providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -101.2, is
54	54	amended to read as follows:
55	55	Section 8-101.2 A. Except as provided in subsection B of this
56	56	section, on and after January 1, 2022, the transfer of a st udent
57	57	from the district in which the student resides to another school
58	58	district furnishing instruction in the grade the student is entitled
59	59	to pursue shall be granted at any time in the year unless the number
60	60	of transfers exceeds the capacity of a grade le vel for each school
61	61	site within a school district. If the capacity of a grade l evel for
62	62	each school site within a school district is insufficient to enroll
63	63	all eligible students, the school district shall select transfer
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90	90	students in the order in which the district received the student
91	91	transfer applications. The capacity of a school district shall be
92	92	determined by the school district board of education based on its
93	93	policy adopted pursuant to subsection B of this section. A student
94	94	may be granted a one -year transfer and may continue to attend the
95	95	school each school year to which the s tudent transferred with the
96	96	approval of the receiving district. At the end of each school year,
97	97	a school district may deny continued transfer of the student for the
98	98	reasons outlined in paragraphs 1 and 2 of subsection B of this
99	99	section. Any brother or si ster of a student who transfers may
100	100	attend the school district to which the student transferred as long
101	101	as the school district has capacity and the brother or sister of the
102	102	transferred student does not meet a basis for denial as outlined in
103	103	paragraphs 1 and 2 of subsection B of this section. Any child in
104	104	the custody of the Department of Human Services in foster care who
105	105	is living in the home of a student who transfers may atten d the
106	106	school district to which the student transferred. Except for a
107	107	child in the custody of the Department of Human Services in foster
108	108	care, a transfer student shall not transfer more than two (2) times
109	109	per school year to one or more school districts in which the student
110	110	does not reside, provided that the student may always reenroll at
111	111	any time in his or her school district of residence.
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138	138	If the grade a student is entitled to pursue is not offered in
139	139	the district where the student resides, the transfer sha ll be
140	140	automatically approved.
141	141	B. Each school district board of education shall adopt a policy
142	142	to determine the number of transfer students the school district has
143	143	the capacity to accept in each grade level for each school site
144	144	within a school district no later than January 1, 2022. The policy
145	145	may include:
146	146	1. The acts and reasons ou tlined in Section 24 -101.3 of this
147	147	title as a basis for denial of a transfer; and
148	148	2. A history of absences as a basis for denial of a transfer.
149	149	For the purposes of this secti on, "history of absences" means ten or
150	150	more absences in one semester that are no t excused for the reasons
151	151	provided for in subsection B of Section 10 -105 of this title or due
152	152	to illness.
153	153	The policy shall be publicly posted on the school district
154	154	website.
155	155	C. By the first day of January, April, July and October, the
156	156	school district boar d of education shall establish the number of
157	157	transfer students the school district has the capacity to accept in
158	158	each grade level for each school site within a school district.
159	159	D. After establishing the number of transfer students the
160	160	school district has the capacity to accept in each grade level for
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187	187	each school site within a school district, the board of education
188	188	shall:
189	189	1. Publish in a prominent place on the school district website
190	190	the number of transfer students for each grade level for each school
191	191	site within a school district which the school district has the
192	192	capacity to accept; and
193	193	2. Report to the State Department of Education the number of
194	194	transfer students for each gr ade level for each school site within a
195	195	school district which the school distric t has the capacity to
196	196	accept.
197	197	E. If a transfer request is denied by the school district, the
198	198	parent of the student may appeal the denial within ten (10) days of
199	199	notification of the denial to the receiving school district board of
200	200	education. The receiving school district board of education shall
201	201	consider the appeal at its next regularly scheduled board meeting.
202	202	If the receiving school district board of education denies the
203	203	appeal, the parent of the student may appeal the denial within ten
204	204	(10) days of notification of the appeal denial to the State Board of
205	205	Education. The parent shall submit to the State Board of Education
206	206	and the superintendent of the receiving school a notice of appeal on
207	207	a form prescribed by the State Board of Education. The appeal sha ll
208	208	be considered by the State Board of Education at its next regularly
209	209	scheduled meeting, where the parent and a representative from the
210	210	receiving school district may address t he Board. The State Board of
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237	237	Education shall promulgate rules to establish the appeals process
238	238	authorized by this subsection. The decision of the appeal by the
239	239	receiving school district board of education shall be final and no
240	240	further appeal shall be all owed.
241	241	F. Each school district board of education shall submit to the
242	242	State Department of Education the number of student transfers
243	243	approved and denied and whether each denial was based on capacity,
244	244	acts and reasons outlined in Section 24 -101.3 of this title or a
245	245	history of absences as provided for in paragraph 2 of subsection B
246	246	of this section. The State Department of Education shall publish
247	247	the data on its website and make the data available to the Office of
248	248	Educational Quality and Accountability.
249	249	G. Each year, the Office of Educational Quality and
250	250	Accountability shall randomly select ten percent (10%) of the school
251	251	districts in the state and conduct an audit of each district 's
252	252	approved and denied transfers based on the provisions of the
253	253	policies adopted by the respective school district board of
254	254	education. If the Office finds inaccurate reporting of capacity
255	255	levels by a school district, the Office shall set the capacity for
256	256	the school district.
257	257	SECTION 2. This act shall become effective November 1, 2022.
258	258
259	259	58-2-9310 EK 01/04/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3654 Compare Versions