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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 783 By: Pugh
AS INTRODUCED
An Act relating to student transfers; amending 70
O.S. 2011, Section 8 -101.2, as amended by Section 2,
Chapter 363, O.S.L. 2015 (70 O.S. Su pp. 2020, Section
8-101.2), which relates to transfers from resident
school districts; directing the State Department of
Education to publish certain list establish ing
certain capacity by certain date each year; providing
for calculation of capacity of a c lass for each grade
level for each of three tiers; directing school
districts to post on thei r websites the capacity for
each grade level and the number of transfer s a
district can accept; directing each s chool district
board of education to adopt certain open transfer
policy; providing for contents of policy; prohibiting
a school district from accepting or denying a
transfer on certain bases; allowing a one -year
provisional transfer; allowing a school dist rict to
deny continued transfer for certain reasons; removing
outdated language; directing school district boards
of education to submit certain information to the
State Board of Education by certain date; amending 70
O.S. 2011, Section 8 -103, as amended by Section 1,
Chapter 184, O.S.L. 2013 (70 O.S. Supp. 2020, Section
8-103), which relates to transfer procedures;
directing receiving school districts to select
students via certain lottery process if the number of
transfer applications exceeds certain capacity;
allowing a parent to appeal denial of a trans fer to
the State Board of Education ; requiring submission of
certain appeal form within certain time period;
providing for consider ation of appeal; amending 70
O.S. 2011, Section 8 -103.1, as amended by S ection 2,
Chapter 285, O.S.L. 2013 (70 O.S. Supp. 20 20, Section
8-103.1), which relates to criteria for certain
transfers; removing language regarding adoption of
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open transfer policies; amending 70 O.S. 2011,
Section 8-104, as amended by Section 1, Chapter 85,
O.S.L. 2013 (70 O.S. Supp. 2020, Section 8 -104),
which relates to emergency transfers; directing a
receiving school district board of education to
approve emergency tran sfers rather than the State
Board of Education; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 8-101.2, as
amended by Section 2, Chapter 363, O.S.L. 2015 (70 O.S. Supp. 2020,
Section 8-101.2), is amended to read as f ollows:
Section 8-101.2. A. 1. By December 31, 2021, and each
December 31 thereafter, the State Department of Education sha ll
publish a list establishing the capacity of a class for each grade
level in kindergarten through twelfth grades for each of the
following three tiers of school districts:
a. school districts with an average daily attendan ce
(ADA) of more than one thousa nd five hundred (1,500)
students based on the first nine (9) weeks of the
current school year,
b. school districts with an ADA of more than five hundred
(500) students but fewer than one thousand five
hundred (1,500) students based on the first nine (9 )
weeks of the current school year, and
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c. school districts with an ADA of five hundred (500) or
fewer students based on the first nin e (9) weeks of
the current school year.
2. a. The capacity of a class for each grade level for each
of the three tiers provided for in paragraph 1 of this
subsection shall be determined by dividing the total
ADA for each grade level in each tier by the
corresponding number of full-time instructional staff
assigned to each grade level in each tier.
b. The capacity of a school district with multiple
classes in a single grade level shall be determined by
multiplying the result of subparagraph a of this
paragraph by the number of classes the school district
offers in each grade level.
B. By March 1, 2022, and each March 1 thereafter, each school
district shall post on its website the capacity for each grade level
offered by the school district for the ensuing school year. The
school district shall also post on its website the number of student
transfers the district can accept before reaching capacity, as
determined by subsection A of this section.
C. Each school district board of education shall adopt an op en
transfer policy for the school district which sp ecifies its criteria
and standards for approval of transfe rs of students who do not
reside in the district. The policy shall include the capacity for
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each grade level for the ensuing school year, as determined by
subsection A of this section , and may include:
1. The reasons outlined 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 section, “history of absences” means ten
(10) or more absences that are not excused for the reasons provided
for in subsection B of Section 10-105 of this title or due to
illness.
D. No school district shall accept or deny a transfer based on
ethnicity, national ori gin, gender, income level, disabling
condition, proficiency in the English language, measure of
achievement, aptitude or athletic ability.
E. On and after January 1, 2000 For the transfer application
period ending May 31, 2022, and for each transfer appli cation period
thereafter as provided for in subsect ion A of Section 8-103 of this
title, the transfer of a s tudent from the district in which the
student resides to another school district furnishing instruction in
the grade the student is en titled to pursue shall be granted if the
transfer has the approva l of the board of education of the receiving
district in accordance with the district’s transfer policy adopted
pursuant to subsection C of this section. A student may be granted
a one-year provisional transfer and may continue to attend the
school to which the student transferred with the approval of the
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receiving district only. After a one-year provisional transfer is
granted, a school district may deny continued transfer of the
student for the reasons outlined in paragraphs 1 and 2 of subsection
C of this section. Any brother or sister of a student granted a
transfer and any child in the custody of the Department of Human
Services in foster care who is living in the home of a student
granted a transfer may attend the school to which the student
transferred with the approval of the receiving district only and
subject to the provisions of paragraphs 1 and 2 of subsection C of
this section. Except for a child in the custody of the Department
of Human Services in foster care, no student shall be permitted to
transfer more than once in any school year.
If the grade a student is entitled to pursue is not offered in
the district where the student resides, the transfer shall be
automatically approved.
B. F. When a student has been transferred and later changes
residence to another school district in the State of Okl ahoma, the
student shall be entitled to continue to attend school in the
district to which the student was transferred. If a change of
residence is to the district to which the student was transferr ed,
upon affidavit of the parent or legal guardian of the student, that
district shall become the resident district. If a student changes
residence to another district during the school year which is not
the same district the student transferred to, the s tudent shall be
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entitled to attend school in either the r eceiving district or the
new district of residence for the remainder of the current year.
C. Any student transfer approved for any reason prior to
January 1, 2000, shall continue to be valid and sha ll not be subject
to the Education Open Transfer Act unle ss the parent having custody
chooses otherwise.
G. By June 30, 2023, and each June 30 thereafter, each school
district board of education shall submit to the State Board of
Education the number of s tudent transfers approved and denied for
the preceding school year.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 8 -103, as
amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. S upp. 2020,
Section 8-103), is amended to read as fo llows:
Section 8-103. A. In order that any student may be
transferred, an application form specified by the State Board of
Education must shall be completed by the parents of the st udent.
For purposes of the Education Open Tr ansfer Act, the term “parent”
means the parent of the student or person having custody of the
student as provided for in paragraph 1 of subsection A of Section 1 -
113 of this title. The application shall be obta ined from and filed
with the superintendent o f the receiving school distr ict for
transfers to school districts in the State of Oklahoma and with the
State Board of Education for transfers to school districts in
another state. Except as otherwise provided for in this section,
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applications shall be fi led no later than May 31 of the school year
preceding the school year for which the transfer is desired. By May
31 of the same school year, the receiving school district shall
notify the resident school distric t that an application for transfer
has been filed by a student enrolled i n the resident schoo l
district. The board of education of the receiving school district
shall approve or deny the application for transfer not later than
July 15 of the same year and shall notify the pare nts of the student
of the decision. By August 1 of the same year, the parents of the
student shall notify the receiving school district that the student
will be enrolling in that school district. Failure of parents to
notify the district as required may result in loss of the s tudent’s
right to enroll in the district for tha t year.
B. On or before September 1, it shall be the duty of the
superintendent of the receiving school district to file with the
State Board of Education and eac h resident district a statement
showing the names of the students granted transfers to the school
district, the resident school district of the transferred students
and their respective grade level.
C. The receiving school district of a student transferre d
pursuant to the prov isions of this act the Education Open Transfer
Act shall notify the resident school distr ict and parents of the
student of a cancellation of the transfer. Such notice shall be
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made by July 15 prior to the school year for which the cancellation
is applicable.
D. If the number of transfer applications exce eds the capacity
of a receiving school district for the ensuing school year, as
determined by subsection A of Section 8 -101.2 of this title, the
district shall select transfer students through a public lot tery
selection process.
E. For students who are de af or hearing impaired who wis h to
transfer to a school dis trict with a specialized deaf education
program, applications may be filed at any time during the school
year. Upon approval of the receiving sch ool district, the student
may transfer to the recei ving school district at any ti me during the
school year.
F. If a transfer application is denied pursuant to a receiving
school district’s open transfer policy adopted pursuant to
subsection C of Section 8-101.2 of this title, the parent of the
student may appeal the decision to the State Board of Education
within ten (10) days of the denial. The parent shall submit to the
State Board of Education a notice to appeal on a form prescribed by
the Board. The appeal shall be considered by the Board at its next
regularly scheduled meeting.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 8 -103.1, as
amended by Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-103.1), is amended to read as follows:
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Section 8-103.1. A. A local school district board of education
which receives a request for a transfer for a student who does not
reside in the school district may refuse the transfer in accordance
with the provisions of the open transfer policy adopted by the local
school district board of education and subject to th e provisions of
subsection B of this section. Each local board of education shall
adopt an open transfer policy for the sch ool district which
specifies its criteria a nd standards for approval of transfers of
students who do not reside in the district. Th e policy shall
include, but shall not be limited to, provisions relating to t he
availability of programs, staff, or space as criteria for approval
or denial of transfe rs. A school district may include in the policy
as the basis for denial of a transfer, t he reasons outlined in
Section 24-101.3 of this title.
In considering request s for students to transfer into a school
district, the board of education shall consider t he requests on a
first-come, first-serve basis. A school district shall not accept
or deny a transfer based on ethnicity, national origin, gender,
income level, disabling condition, proficiency in the English
language, measure of achievement, aptitude, or athletic ability.
Notwithstanding the provisions o f the Education Open Transfer
Act, transfers of children with disabilities shall be granted as
authorized in Sectio n 13-103 of this title.
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B. A local school district board of education shall adopt a
policy for the school district regarding the transfer of students
who are the dependent childr en of a member of the active uniformed
military services of the United States on full-time active duty
status and for whom O klahoma is the home of record and students who
are the dependent children of a member of the m ilitary reserve on
active duty orders and for whom Oklahoma is the home of record. The
policy shall provide for th e approval of the transfer if:
1. At least one parent of the student has a Department of
Defense-issued identification card;
2. At least one parent can provide evidence that he or she will
be on active duty status or active duty orders, meaning the paren t
will be temporarily transferred in compliance with official orders
to another location i n support of combat, contingency operation or a
natural disaster requiring the use of ord ers for more than thirty
(30) consecutive days; and
3. The student will be r esiding with a relative of the student
who lives in the receiving school district or who w ill be living in
the receiving school district with in six (6) months of the filing of
the application for transfer.
SECTION 4. AMENDATORY 70 O.S. 2011, Section 8-104, as
amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-104), is amended to read as follow s:
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Section 8-104. A. In addition to the transfer process provided
in Section 8-103 of this title, students may be transferred on an
emergency basis. A written application for an emergency transfer
designating the district to which the transfer is desire d shall be
made by the parent and file d with the superintendent of the
receiving school district. On an adequate s howing of emergency, the
superintendent of the receiving school district may make and orde r a
transfer, subject to approval by the State Board of Education
receiving school distri ct board of education . An emergency shall
include only:
1. The destruction or partial destruction of a school building;
2. The inability to offer the subject a pupi l desires to
pursue, if the pupil becomes a legal r esident of a school district
after February 1 of the school year immediately prior to the school
year for which the pupil is seeking the transfer;
3. A catastrophic medical problem of a student, which for
purposes of this section shall mean an acute or ch ronic serious
illness, disease, disord er or injury which has a permanently
detrimental effect on the body ’s system or renders the risk
unusually hazardous;
4. The total failure of transportation facilitie s;
5. The concurrence of both the sending and rece iving school
districts;
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6. The unavailability of remote or on -site Internet-based
instruction by course title in t he district of residence for a
student identified as in need of drop -out recovery or alter native
education services, provided such student wa s enrolled at any time
in a public school in this state during the p revious three (3)
school years;
7. The unavailability of a specialized deaf education program
for a student who is deaf or hearing impai red; or
8. When a student has been the victim of h arassment,
intimidation and bullying a s defined in Section 24 -100.3 of this
title, upon verification by the receivi ng school district that the
student has been the victim of harassment, intimidation or bul lying
and that the sending school district was noti fied of the incident or
incidents prior to the filing of the application for transfer.
B. An emergency transfer pr eviously made may be canceled, with
the concurrence of the board of the receiving district and the
parent.
SECTION 5. This act shall become effective November 1, 2021.
58-1-943 EB 1/21/2021 2:28:20 PM