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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 783 By: Pugh and David of the
Senate
and
Boles of the House
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2011,
Sections 8-101.2, as amended by Section 2, Chapter
363, O.S.L. 2015, 8-103, as amended by Section 1,
Chapter 184, O.S.L. 20 13 and 8-103.1, as amended by
Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp.
2020, Sections 8-101.2, 8-103 and 8-103.1), which
relate to the Education Open Transfer Act; granting
student transfer to another school district at any
time; providing except ion if transfer exceeds certain
capacity; directing selection of transfer students if
certain capacity is exceeded; authorizing boar d of
education to determine capacity; allowing transfer
student to continue attendance; allowing denial of
continued transfer; permitting certain children
living in a home to transfer districts; prohibiting
more than two transfers per school year; providin g
exception for child in foster care; removing prior
transfer procedures; directing board to adopt policy
for student capacity; setting deadl ine for adoption
of policy; authorizing including certain reasons for
denial in policy; directing posting of policy on a
district website; requiring determination to be made
by the first day of certain months regarding the
number of students a district has capacity to accept;
directing publication on school district web site;
directing submission of certain report to the State
Department of Education; prescribing appeal process
for transfer denials; providing for promulgation of
rules; directing boards of education to submit
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certain student transfer information to the State
Department of Education ; requiring certain annual
audit of approved and denied transfers; providing for
establishment of capacity if inaccurate reporting is
found; removing time limitations for transfer
applications; requiring certain report of students
granted transfers to be submitted on the first da y of
certain months; removing provisions for cancellation
of transfers; requiring for selection of transfer
students in the order in which applications are
received; providing appeal for transfer a pplication
denial; prohibiting denial of transfer unless certain
capacity is exceeded; directing admission to district
of choice for certain children regardless of
capacity; amending 70 O.S. 2011, Section 8-113, which
relates to transfers for children of school
employees; allowing transfer of child of school
employee without requiring district approval;
repealing 70 O.S. 201 1, 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; declaring an emergency; and providing for
conditional effect.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
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 follows:
Section 8-101.2. A. On Except as provided in subs ection B of
this section, on and after January 1, 2000 2022, the transfer of a
student from the district in which the student resides to anothe r
school district furnishing instruction i n the grade the student is
entitled to pursue shall be granted if the transfer has the approval
of the board of education of the receiving district at any time in
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the year unless the number of transfers exceeds the capacity of a
grade level for each school site within a school district . If the
capacity of a grade level for each school site within a school
district is insufficient to enroll all eligible stude nts, the school
district shall select transfer students in the order in which the
district received the student transfer applications . The capacity
of a school district shall be determined by th e school district
board of education based on its policy adop ted pursuant to
subsection B of this secti on. A student may be granted a one-year
transfer and may continue to attend the school each school year to
which the student transferred with the approval of the receiving
district only. 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 sister of a student granted a transfer and any who transfers may
attend the school district to which the student transferred unless
such transfer is denied for the reasons 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 granted a transfer who transfers may attend the
school district to which the student transferred with the approval
of the receiving district only . 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 a
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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 r esidence.
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. When a student has been transferred and later changes
residence to another school district in the State of Oklahoma, 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 transferred ,
upon affidavit of the parent 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 student shall be enti tled
to attend school in either the re ceiving 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 shall not be subject
to the Education Open Transfer Act unles s the parent having custody
chooses otherwise. 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
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each school site within a school district no later than January 1,
2022. The policy may include:
1. The acts and 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 sect ion, “history of absences” means ten or
more absences in one semester that are not excused for the reasons
provided for in subsection B of Section 10 -105 of this title or due
to illness.
The policy shall be public ly posted on the school district
website.
C. By the first day of January, April, July and October, the
school district board of education shall establish the number of
transfer students the school district has the c apacity to accept in
each grade level for each school site within a school district .
D. After establishing the number of transf er students the
school district has the capacity to accept in each grade level for
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
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2. Report to the State Department of Education the number of
transfer students for each grade level for each school site within a
school district which the school district has the ca pacity 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 distric t board of
education. The receiving school dist rict 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 th e denial within ten
(10) days of notification of the appeal denial to the State Board of
Education. The parent shall sub mit 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 shall
be considered by the State Board of Education at its next regularl y
scheduled meeting, where the parent and a representati ve from the
receiving school district may address the Board . The State Board of
Education shall promulgate rules to establish the appeals process
authorized by this subsection .
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 wa s based on capacity,
acts and reasons outlined in Section 24 -101.3 of this title or a
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history of absences as provided for in para graph 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 a nd Accountability.
G. Each year, the Of fice of Educational Quality and
Accountability shall randomly select t en percent (10%) of the school
districts in the state and co nduct an audit of each district ’s
approved and denied transfers based on the provision s of the
policies adopted by the respect ive school district board of
education. If the Office finds inaccurat e reporting of capacity
levels by a school district, the Office sha ll set the capacity for
the school district.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 8 -103, as
amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. Supp. 20 20,
Section 8-103), is amended to read as follows:
Section 8-103. A. In order that any stud ent may be
transferred, an application form specified by the State Board of
Education must be completed by the parents of the student. For
purposes of the Educati on Open Transfer Act, the term “parent” means
the parent of the stu dent or person having cust ody of the student as
provided for in paragraph 1 of subsection A of Section 1 -113 of this
title. The application shall be obtained from and filed with the
superintendent of the receiving school district for transfers to
school districts in the State of Oklahoma this state and with the
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State Board of Education for tra nsfers to school districts in
another state. Except as otherwise provided for in this section,
applications shall be filed 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 y ear, the receiving school dis trict shall
notify the resident school district that an application for transfer
has been filed by a student enrolled in the resident school
district. The board of education of the receiving school district
shall approve or deny the application for transf er not later than
July 15 of the same year and shall notify the parents of the st udent
of the decision. By August 1 of the same year, the parents o f the
student shall notify the receiving school district that the student
will be enrolling in that school d istrict. Failure of parents to
notify the district as required may result in los s of the student’s
right to enroll in the district for that year .
B. On or before September 1 the first day of January, April,
July and October, it shall be the duty of the s uperintendent of the
receiving school district to file with the State Board of Educa tion
and each resident district a statement showing the names of the
students granted transfers to the school district, the resident
school district of the transferred stud ents and their respective
grade level.
C. The receiving school district of a studen t transferred
pursuant to the provisions of this act shall notify the resident
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school district and parents of the student of a cancellation of the
transfer. Such notice sh all be made by July 15 prior to the school
year for which the cancellation is applic able.
D. For students who are deaf or hearing impaired hearing-
impaired who wish to transfer to a school district with a
specialized deaf education program, ap plications may be filed at any
time during the school year. Upon approval of the receiving school
district, the The student may transfer to the receiving school
district at any time during the school year.
D. The school district shall enroll transfer stu dents in the
order in which they submit their app lications. If the number of
student transfer applications exceeds the capacity of a receiving
school district, as determined by subsection A of Section 8-101.2 of
this title, the district shall select trans fer students in the order
in which the district re ceived the student transfer applications .
E. If a transfer application is denied based on the receiving
school district’s open transfer policy adopted pursuant to
subsection B of Section 8-101.2 of this title, the parent of the
student may appeal the decision as provided for in subsection E of
Section 8-101.2 of this title.
SECTION 3. AMENDATORY 70 O.S . 2011, Section 8-103.1, as
amended by Section 2, Cha pter 285, O.S.L. 2013 (70 O.S . Supp. 2020,
Section 8-103.1), is amended to rea d 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 shall not deny the transfer
in accordance with the provisions of the open transfer policy
adopted by the local school district board o f education and subject
to the provisions of subsection B of this section. Each local board
of education shall ad opt an open transfer policy f or the school
district which specifies its crite ria and standards for approval of
transfers of students who do no t reside in the district. The policy
shall include, but sha ll not be limited to, provisions relating to
the availability of programs, staff, o r space as criteria for
approval or denial of tr ansfers. A school district may include in
the policy as the basi s for denial of a transfer, the reasons
outlined in Section 24-101.3 of this title unless the number of
requested transfers exceeds the capacity of a grade level for each
school site within a school district . If the number of student
transfer applications exceeds the capacity of a receiving school
district, as determined by subsection A of Secti on 8-101.2 of this
title, the district shall select transfer stud ents 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 that complies with
subsection B of Section 8-101.2 of this title.
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In considering requests for students to transfer into a sch ool
district, the board of education shall consider the requests on a
first-come, first-serve basis. A school district shall not accept
or deny a transfer based on ethnicity, national o rigin, gender,
income level, disabling condition, proficiency in the E nglish
language, measure of achievement, aptitude , or athletic ability.
Notwithstanding the provisions of the Education Open Transfer
Act, transfers of children with disabilities shall b e granted as
authorized in Section 13 -103 of this title.
B. A local school district board of education shall adopt a
policy for the school district regarding the transfer of students
Students who are the dependen t children of a member of the active
uniformed military services of the United States on full -time active
duty status and for whom Oklahoma is the home of record and students
who are the dependent child ren of a member of the military reserve
on active duty orders and for whom Oklahoma is the home o f record
shall be eligible for admission to the school district of the ir
choice regardless of the capacity of the district . The policy
Students shall provide for the approval of the transfer be eligible
if:
1. At least one parent of the student has a Dep artment of
Defense-issued identification card; and
2. At least one parent can provide evidence that he or she will
be on active duty status or active duty ord ers, meaning the parent
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will be temporarily transferre d in compliance with official orders
to another location in support of combat, contingency operation or a
natural disaster requiring the use of orders for more than thirty
(30) consecutive days ; and
3. The student will be residing with a relative of the s tudent
who lives in the receiving school di strict or who will be living in
the receiving school district within s ix (6) months of the filing of
the application for transfer .
SECTION 4. AMENDATORY 70 O.S. 2011, Sec tion 8-113, is
amended to read as follows:
Section 8-113. A student shall be allowed to transfer to a
school district in which th e parent or legal guardian of the student
is employed as a teacher, as defined in Section 1-116 of Title 70 of
the Oklahoma Statutes, upon the approval of the receiving district
only this title.
SECTION 5. REPEALER 70 O.S. 2011, Sec tion 8-104, as
amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
Section 8-104), is hereby repealed.
SECTION 6. It being immediately necessary for the p reservation
of the public peace, health or safety, an emergency is her eby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
SECTION 7. The provisions of this act s hall be contingent upon
the enactment of the provisions of House Bill No. 2078 of the 1st
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Session of the 58th Oklahoma Legislature and shall not become
operative as law otherwise.
58-1-1853 EB 2/23/2021 10:41:43 AM