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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1583 By: Treat
AS INTRODUCED
An Act relating to schools; allowing the parent or
legal guardian of a student enrolled in a school site
with certain overview grade to request a transfer
allowance; establishing requirements for transfer
allowance; establishing criteria for approval of
private schools; requiring the State De partment of
Education to provide certain informati on on its
website; providing for calculation of tr ansfer
allowance; directing the State Board of Education to
deny, suspend, or revoke private school participation
for certain noncompliance; providing immunity from
liability for certain entities based on award or use
of transfer allowance; prohibiting the expansion of
certain regulatory authority over participating
private schools; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8-114 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. The parent or legal gua rdian of a student enrolled in a
resident district school site that has received an “F” overview
grade pursuant to the provisions of Section 1210.545 of Title 70 of
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the Oklahoma Statutes in the immediately preceding school year may
exercise his or her pare ntal option and request to have a transfer
allowance awarded for the student to enroll in and attend a private
school in accordance with this section. Transfer allowances shall
be awarded beginning with the 2022-2023 school year.
B. A transfer allowance shall be awarded pursuant to this
section if the parent or legal guardian has obtained acceptance for
admission of the student to an app roved private school pursuant to
subsection C of this section and has notified the State De partment
of Education of the request for a transfer allowance.
1. Requests for a transfer allowance made after December 1
shall be granted, but funding for transf er allowances requested
after December 1 shall not be available until the beginning of the
next school year. The request shall be through a communication
directly to the Department in a manner that creates a written or
electronic record of the request and shall include the date of
receipt of the request. The Department shall notify the school
district in which the student is enrolled upon receipt of the
request.
2. For purposes of continuity of educational choice, the
transfer allowance shall remain in force until the student returns
to a public school, graduates from high school , or reaches the age
of twenty-two (22), whichever occurs first. At any time, the parent
or legal guardian of the student may remove the student from the
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private school and pla ce the student in another private school
approved by the State Department of Education as provided for in
subsection C of this section or place the student in a public
school.
3. Upon acceptance of a transfer allowance, the parent or legal
guardian shall assume full financial responsibility for the
education of the student including but not limited to transportation
to and from the private school.
4. If the parent or legal g uardian requests a transfer
allowance and the student is accepted by the private s chool pending
the availability of a space for the student, the parent or legal
guardian of the student shall notify the Stat e Department of
Education before entering the priv ate school and before December 1
in order to be eligible for the transfer allowanc e during the school
year when a space becomes available for the student in the private
school. If notification is made afte r December 1, payment of the
transfer allowance sh all not begin until the next school year.
C. For purposes of this section, “private school” shall mean a
school that offers a course of instruction for students in one or
more grades from pre -kindergarten through grade twelve that is not
operated by a governmental entity and that is approved by the State
Department of Education pursuant to this subsection. The State
Department of Education shall approve a private school upon request
by the private school a nd determination that the private school:
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1. Meets the accreditation requir ements set by the State Board
of Education or another ac crediting association approved by the
State Board of Education. The S tate Department of Education shall
list on its website all accrediting associations approved by the
Board;
2. Demonstrates fiscal soundness by having been in operation
for one (1) school year or providing the State Department of
Education with a statement by a certified public accountant
confirming that the private school is insured and the owner or
owners have sufficient capital or credit to operate the school for
the upcoming year by s erving the number of students anticipated with
expected revenues from tuition and other sources that may be
reasonably expected. In lieu of a statement, a surety bond or
letter of credit for the amou nt equal to the transfer allowance
funds for any quarter may be filed with the Department;
3. Complies with the antidiscrimin ation provisions of 42
U.S.C., Section 2000d;
4. Meets state and local health and safety laws and codes ;
5. Will be academically accountable to the parent or legal
guardian for meeting the educational needs of the student;
6. Employs or contracts with t eachers who hold baccalaureate or
higher degrees, have at least three (3) years of teaching experience
in public or private school s, or have special skills, knowledge , or
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expertise that qualifies them to provide instruction in subjects
taught;
7. Complies with all state laws relating to general regulation
of private schools; and
8. Adheres to the tenets of its published disciplinar y
procedures prior to the expulsion of a student.
D. Upon approval of a private school, the State Department of
Education shall provide on its website all information and material
submitted by the private school with its applicat ion. Students
transferring pursuant to this section shall comply with the
following:
1. The parent or legal guardian shall select the private school
from the schools approved pursuant to subsection C of t his section
and apply for the admission of the chi ld;
2. The parent or lega l guardian shall request the transfer
allowance no later than December 1 of the school year during which
the transfer allowance is requested;
3. Any student receiving a transfer a llowance pursuant to this
section shall attend the school throughout the sch ool year, unless
excused by the school for illness or ot her good cause, and shall
comply fully with the code of conduct for the school;
4. The parent or legal guardian shall fully comply with the
parental involvement requirements of the private school, un less
excused by the school for illness or other good cau se; and
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5. Upon issuance of a transfer allowance, the parent or leg al
guardian to whom the allowance is made shall restrict ively endorse
the funds to the private school for deposit into the account o f the
private school. The parent or legal guardian may not designate any
entity or individual associated with the private s chool as the
attorney in fact for the parent or legal gu ardian to endorse an
allowance. A parent or legal guardian who fails to com ply with this
paragraph shall forfeit the transfer allow ance.
E. Provisions governing payment of a transfer allowance shall
be as follows:
1. The State Department of Education sh all calculate the total
cost of all transfer allow ances for all eligible stu dents in the
state. The State Department of Education s hall then reserve or
retain from the total amount appropriated to th e State Board of
Education for State Aid purposes and an y other revenue available for
allocation for State Aid purposes the total co st for all transfer
allowance payments;
2. The maximum transfer allowance granted for an eligible
student shall be a calcul ated amount equivalent to the total State
Aid factors for the applicable school year multiplied by the gra de
and disability weights, if applicable, generated by that student for
the applicable school year. The maximum transfer allowance amount
shall be calculated by the State Board of Education for each year
the student receives a transfer allowance;
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3. The amount of the transfer all owance shall be the amount
calculated in paragraph 2 of this subsection or the amount of
tuition and fees for the private sc hool, whichever is less, minus up
to two and one-half percent (2 1/2%) of the transfer allowance
amount which may be retained by the State Department of Education as
a fee for administrati ve services rendered. The amount of the
transfer allowance shall be prorated to reflect the number of days
remaining in the current school year if the transfer allowance
request is granted after the beginning of the school year;
4. The State Department of Education shall notify the private
school of the amount of the tr ansfer allowance within ten (10) days
after receiving the request for a transfer allowance, when the total
State Aid factors have be en determined for the current fiscal year.
The initial payment shall be made after the Department verifies
admission acceptance and enrollment. Quarterly payments shall be
made upon verification of continued enrollment and attend ance at the
private school. Payment shall be made by the Department with an
individual warrant made payable to the parent or legal guardian of
the student and mailed by the Department to the private school that
the parent or legal guardian chooses. The p arent or legal guardian
shall restrictively endorse the warrant to the private sc hool for
deposit into the account of the private school;
5. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating private
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schools certifying compliance with state laws and shall retain all
records received from a participating private school. The State
Department of Education shall post on its website the annual
compliance statement for each participating private sch ool; and
6. The State Department of Education shall cross -check the list
of participating students with the public school enrollments prior
to each transfer allowance payment to avoid duplication.
F. The State Board of Education shall deny, suspend , or revoke
the approval of a private school granted in subsection C of this
section if it is determined that the private school has failed to
comply with the provisions of this section.
G. No liability shall ar ise on the part of the state, the State
Board of Education, the State Dep artment of Education , or a school
district based on the award or use of any transfer allowance
provided pursuant to this secti on.
H. The inclusion of private schools within options a vailable to
public school students in Oklahoma sha ll not expand the regul atory
authority of the state or any school district to i mpose any
additional regulation of private schools beyond those reason ably
necessary to enforce the requirements expressly set forth in this
section.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-2710 EB 1/20/2022 12:54:34 PM