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STATE OF OKLAHOMA
2nd Session of the 58th Legislat ure (2022)
HOUSE BILL 3654 By: Sterling
AS INTRODUCED
An Act relating to student transfers; amending 70
O.S. 2021, Section 8 -101.2, which relates to the
Education Open Transfer Act; deleting appeals of
transfer denials to the State Board of Education;
providing that appeal decision by receiving school
district board of education is final ; barring
additional appeals; and providing an effective date .
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 st udent
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 le vel for each school
site within a school district. If the capacity of a grade l evel for
each school site within a school district is insufficient to enroll
all eligible students, the school district shall select transfer
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students in the order in which the district received the student
transfer applications. The capacity of a school district shall be
determined by the school district board of education based on its
policy adopted pursuant to subsection B of this section. A student
may be granted a one -year transfer and may 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 outlined in paragraphs 1 and 2 of subsection 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 and the brother or sister of the
transferred student does not meet a basis for denial as outlined in
paragraphs 1 and 2 of subsection B of this section. Any child in
the custody of the Department of Human Services in foster care who
is living in the home of a student who transfers may atten d the
school district to which the student transferred. Except for a
child in the custody of the Department of Human Services in foster
care, a transfer student shall not transfer more than two (2) times
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 sha ll be
automatically approved.
B. Each school district board of education shall adopt a policy
to determine the number of transfer students the school district 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 transfer; and
2. A history of absences as a basis for denial of a transfer.
For the purposes of this secti on, "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 district 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 school 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 of Education the number of
transfer students for each gr ade 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 school district, the
parent of the student may appeal 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 regularly 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 representative from the
receiving school district may address t he Board. The State Board of
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Education shall promulgate rules to establish the appeals process
authorized by this subsection. The decision of the appeal by the
receiving school district board of education shall be final and no
further appeal shall be all owed.
F. Each school district board 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 provided 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 select 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 inaccurate reporting of capacity
levels by a school district, the Office shall set the capacity for
the school district.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9310 EK 01/04/22