Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB783 Compare Versions

Version 1 (Old)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 783 By: Pugh and David of the
7	37		Senate
8	38
9	39		and
10	40
11		-	Boles, West (Tammy),
12		-	Caldwell (Chad), Hilbert,
13		-	Davis, O'Donnell, Echols,
14		-	Baker, Hasenbeck and McCall
15		-	of the House
	41	+	Boles of the House
16	42
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19	45		An Act relating to schools; amending 70 O.S. 2011,
20	46		Sections 8-101.2, as amended by Section 2, Chapter
21	47		363, O.S.L. 2015, 8-103, as amended by Section 1,
22	48		Chapter 184, O.S.L. 2013 and 8 -103.1, as amended by
23	49		Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp.
24	50		2020, Sections 8-101.2, 8-103 and 8-103.1), which
25	51		relate to the Education Open Transfer Act; granting
26	52		student transfer to another school district at any
27	53		time; providing exception if transfer exceeds certain
28	54		capacity; directing selection of transfer students if
29	55		certain capacity is exceeded; authorizing board of
30	56		education to determine capacity; allowing transfer
31	57		student to continue attendanc e; allowing denial of
32	58		continued transfer; permitting certain children
33	59		living in a home to transfer districts; prohibiting
34	60		more than two transfers per school year; providing
35	61		exception for child in foster care; removing prior
36	62		transfer procedures; directing board to adopt policy
37	63		for student capacity; setting deadline for adoption
38	64		of policy; authorizing including certain reasons for
39	65		denial in policy; directing posting of policy on a
40	66		district website; requiring determination to be made
41	67		by the first day of certain months regarding the
42	68		number of students a district has capacity to accept;
43	69		directing publication on school district website;
44	70		directing submission of certain report to the State
45	71		Department of Education; prescribing appeal process
46	72		for transfer denials; providing for promulgation of
47		-
48		-	ENR. S. B. NO. 783 Page 2
49	73		rules; directing board s of education to submit
50	74		certain student transfer information to the State
51	75		Department of Education ; requiring certain annual
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52	103		audit of approved and denied transfers; providing for
53	104		establishment of capacity if inaccurate reporting is
54	105		found; removing time limitations for transfer
55	106		applications; requiring certain report of students
56	107		granted transfers to be submitted on the first day of
57	108		certain months; removing provisions for cancellation
58	109		of transfers; requiring for selection of transfer
59	110		students in the order in which applications are
60	111		received; providing appeal for transfer application
61	112		denial; prohibiting denial of transfer unless certain
62	113		capacity is exceeded; directing admission to district
63	114		of choice for certain children regardless of
64	115		capacity; amending 70 O.S. 2011, Section 8 -113, which
65	116		relates to transfers for children of school
66	117		employees; allowing transfer of child of school
67	118		employee without requiring district approval;
68	119		repealing 70 O.S. 2011, Section 8 -104, as amended by
69	120		Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp.
70	121		2020, Section 8-104), which relates to emergency
71	122		transfers; declaring an emergency; and providing for
72	123		conditional effect.
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78		-	SUBJECT: Student transfers in schools
79		-
80	129		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
81		-
82	130		SECTION 1. AMENDATORY 70 O.S. 2011, Section 8 -101.2, as
83	131		amended by Section 2, Chapter 363, O.S.L. 2015 (70 O.S. Supp. 2020,
84	132		Section 8-101.2), is amended to read as fo llows:
85		-
86	133		Section 8-101.2. A. On Except as provided in subsection B of
87	134		this section, on and after January 1, 2000 2022, the transfer of a
88	135		student from the district in which the student resides to another
89	136		school district furnishing instruction in the grade t he student is
90	137		entitled to pursue shall be granted if the transfer has the approval
91		-
92		-	ENR. S. B. NO. 783 Page 3
93	138		of the board of education of the receiving district at any time in
94	139		the year unless the number of transfers exceeds the capacity of a
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95	167		grade level for each school site within a school district. If the
96	168		capacity of a grade level for each school site within a school
97	169		district is insufficient to enroll all eligible students, the school
98	170		district shall select transfer students in the order in which the
99	171		district received the student transfer applications. The capacity
100	172		of a school district shall be determined by the school district
101	173		board of education based on its policy adopted pursuant to
102	174		subsection B of this section . A student may be granted a one-year
103	175		transfer and may continue to attend the school each school year to
104	176		which the student transferred with the approval of the receiving
105	177		district only. At the end of each school year, a school district
106	178		may deny continued transfer of the student for the reasons outlined
107	179		in paragraphs 1 and 2 of subsection B of this section. Any brother
108	180		or sister of a student granted a transfer and any who transfers may
109	181		attend the school district to which the student transferred as long
110	182		as the school district has capacity and the brother or sister of the
111	183		transferred student does not meet a basis for denial as outlined in
112	184		paragraphs 1 and 2 of subsection B of this section. Any child in
113	185		the custody of the Department of Human Services in foster care who
114	186		is living in the home of a student granted a transfer who transfers
115	187		may attend the school district to which the student transferred with
116	188		the approval of the receiving district only . Except for a child in
117	189		the custody of the Department of Human Services in foster care, no
118	190		student shall be permitted to transfer mor e than once in any school
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119	218		year a transfer student shall not transfer more than two (2) times
120	219		per school year to one or more school districts in which the student
121	220		does not reside, provided that the student may always reenroll at
122	221		any time in his or her schoo l district of residence .
123		-
124	222		If the grade a student is entitled to pursue is not offered in
125	223		the district where the student resides, the transfer shall be
126	224		automatically approved.
127		-
128	225		B. When a student has been transferred and later changes
129	226		residence to another sch ool district in the State of Oklahoma, the
130	227		student shall be entitled to continue to attend school in the
131	228		district to which the student was transferred. If a change of
132	229		residence is to the district to which the student was transferred,
133	230		upon affidavit of the parent of the student, that district shall
134	231		become the resident district. If a student changes residence to
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136		-	ENR. S. B. NO. 783 Page 4
137	232		another district during the school year which is not the same
138	233		district the student transferred to, the student shall be entitled
139	234		to attend school in either the receiving district or the new
140	235		district of residence for the remainder of the current year.
141		-
142	236		C. Any student transfer approved for any reason prior to
143	237		January 1, 2000, shall continue to be valid and shall not be subject
144	238		to the Education Open Tra nsfer Act unless the parent having custody
145	239		chooses otherwise. Each school district board of education shall
146	240		adopt a policy to determine the number of transfer students the
147	241		school district has the capacity to accept in each grade level for
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148	269		each school site within a school district no later than January 1,
149	270		2022. The policy may include:
150		-
151	271		1. The acts and reasons outlined in Section 24 -101.3 of this
152	272		title as a basis for denial of a transfer ; and
153		-
154	273		2. A history of absences as a basis for denial of a transfer.
155	274		For the purposes of this section, “history of absences” means ten or
156	275		more absences in one semester that are not excused for the reasons
157	276		provided for in subsection B of Section 10 -105 of this title or due
158	277		to illness.
159		-
160	278		The policy shall be publicly posted on th e school district
161	279		website.
162		-
163	280		C. By the first day of January, April, July and October, the
164	281		school district board of education shall establish the number of
165	282		transfer students the school district has the capacity to accept in
166	283		each grade level for each school s ite within a school district.
167		-
168	284		D. After establishing the number of transfer students the
169	285		school district has the capacity to accept in each grade level for
170	286		each school site within a school district, the board of education
171	287		shall:
172		-
173	288		1. Publish in a prominent place on the school district website
174	289		the number of transfer students for each grade level for each school
175	290		site within a school district which the school district has the
176	291		capacity to accept; and
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180	319		2. Report to the State Department of Education the number of
181	320		transfer students for each grade level for each school site within a
182	321		school district which the school district has the capacity to
183	322		accept.
184		-
185	323		E. If a transfer request is denied by the school district, the
186	324		parent of the student may appeal the denial within te n (10) days of
187	325		notification of the denial to the receiving school district board of
188	326		education. The receiving school district board of education shall
189	327		consider the appeal at its next regularly scheduled board meeting.
190	328		If the receiving school district boar d of education denies the
191	329		appeal, the parent of the student may appeal the denial within ten
192	330		(10) days of notification of the appeal denial to the State Board of
193	331		Education. The parent shall submit to the State Board of Education
194	332		and the superintendent of the receiving school a notice of appeal on
195	333		a form prescribed by the State Board of Education. The appeal shall
196	334		be considered by the State Board of Education at its next regularly
197	335		scheduled meeting, where the parent and a representative from the
198	336		receiving school district may address the Board . The State Board of
199	337		Education shall promulgate rules to establish the appeals process
200	338		authorized by this subsection.
201		-
202	339		F. Each school district board of education shall submit to the
203	340		State Department of Education the nu mber of student transfers
204	341		approved and denied and whether each denial was based on capacity,
205	342		acts and reasons outlined in Section 24 -101.3 of this title or a
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206	370		history of absences as provided for in paragraph 2 of subsection B
207	371		of this section. The State Department of Education shall publish
208	372		the data on its website and make the data available to the Office of
209	373		Educational Quality and Accountability.
210		-
211	374		G. Each year, the Office of Educational Quality and
212	375		Accountability shall randomly select ten percent (10%) of t he school
213	376		districts in the state and conduct an audit of each district ’s
214	377		approved and denied transfers based on the provisions of the
215	378		policies adopted by the respective school district board of
216	379		education. If the Office finds inaccurate reporting of capaci ty
217	380		levels by a school district, the Office shall set the capacity for
218	381		the school district.
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221		-	ENR. S. B. NO. 783 Page 6
222	382		SECTION 2. AMENDATORY 70 O.S. 2011, Section 8 -103, as
223	383		amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. Supp. 2020,
224	384		Section 8-103), is amended to read as follows:
225		-
226	385		Section 8-103. A. In order that any student may be
227	386		transferred, an application form specified by the State Board of
228	387		Education must be completed by the parents of the student. For
229	388		purposes of the Education Open Transfer Act, the term “parent” means
230	389		the parent of the student or person having custody of the student as
231	390		provided for in paragraph 1 of subsection A of Section 1 -113 of this
232	391		title. The application shall be obtained from and filed with the
233	392		superintendent of the recei ving school district for transfers to
234	393		school districts in the State of Oklahoma this state and with the
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235	421		State Board of Education for transfers to school districts in
236	422		another state. Except as otherwise provided for in this section,
237	423		applications shall be fi led no later than May 31 of the school year
238	424		preceding the school year for which the transfer is desired. By May
239	425		31 of the same school year, the receiving school district shall
240	426		notify the resident school district that an application for transfer
241	427		has been filed by a student enrolled in the resident school
242	428		district. The board of education of the receiving school district
243	429		shall approve or deny the application for transfer not later than
244	430		July 15 of the same year and shall notify the parents of the student
245	431		of the decision. By August 1 of the same year, the parents of the
246	432		student shall notify the receiving school district that the student
247	433		will be enrolling in that school district. Failure of parents to
248	434		notify the district as required may result in loss of the s tudent’s
249	435		right to enroll in the district for that year .
250		-
251	436		B. On or before September 1 the first day of January, April,
252	437		July and October, it shall be the duty of the superintendent of the
253	438		receiving school district to file with the State Board of Education
254	439		and each resident district a statement showing the names of the
255	440		students granted transfers to the school district, the resident
256	441		school district of the transferred students and their respective
257	442		grade level.
258		-
259	443		C. The receiving school district of a student trans ferred
260	444		pursuant to the provisions of this act shall notify the resident
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261	472		school district and parents of the student of a cancellation of the
262	473		transfer. Such notice shall be made by July 15 prior to the school
263	474		year for which the cancellation is applicable.
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266		-
267	475		D. For students who are deaf or hearing impaired hearing-
268	476		impaired who wish to transfer to a school district with a
269	477		specialized deaf education program, applications may be filed at any
270	478		time during the school year. Upon approval of the receiving school
271	479		district, the The student may transfer to the receiving school
272	480		district at any time during the school year.
273		-
274	481		D. The school district shall enroll transfer students in the
275	482		order in which they submit their applications. If the number of
276	483		student transfer applications exceeds the capacity of a receiving
277	484		school district, as determined by subsection A of Section 8 -101.2 of
278	485		this title, the district shall select transfer student s in the order
279	486		in which the district received the student transfer applications .
280		-
281	487		E. If a transfer application is denied based on the receiving
282	488		school district’s open transfer policy adopted pursuant to
283	489		subsection B of Section 8 -101.2 of this title, the parent of the
284	490		student may appeal the decision as provided for in subsection E of
285	491		Section 8-101.2 of this title.
286		-
287	492		SECTION 3. AMENDATORY 70 O.S. 2011, Section 8 -103.1, as
288	493		amended by Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp. 2020,
289	494		Section 8-103.1), is amended to read as follows:
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290	521
291	522		Section 8-103.1. A. A local school district board of education
292	523		which receives a request for a transfer for a student who does not
293	524		reside in the school district may refuse shall not deny the transfer
294	525		in accordance with the provisions of the open transfer policy
295	526		adopted by the local school dist rict board of education and subject
296	527		to the provisions of subsection B of this section. Each local board
297	528		of education shall adopt an open transfer policy for the school
298	529		district which specifies its criteria and standards for approval of
299	530		transfers of students who do not reside in the district. The policy
300	531		shall include, but shall not be limited to, provisions relating to
301	532		the availability of programs, staff, or space as criteria for
302	533		approval or denial of transfers. A school district may include in
303	534		the policy as the basis for denial of a transfer, the reasons
304	535		outlined in Section 24 -101.3 of this title unless the number of
305	536		requested transfers exceeds the capacity of a grade level for each
306	537		school site within a school district . If the number of student
307	538		transfer applications exceeds the capacity of a receiving school
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310	539		district, as determined by subsection A of Section 8 -101.2 of this
311	540		title, the district shall select transfer students in the order in
312	541		which the district received the student transfer applications. The
313	542		capacity of a school district shall be determined by the school
314	543		district board of education based on its policy that complies with
315	544		subsection B of Section 8 -101.2 of this title.
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317	572		In considering requests for students to transfer into a school
318	573		district, the board of education shall consider the requests on a
319	574		first-come, first-serve basis. A school district shall not accept
320	575		or deny a transfer based on ethnicity, national origin, gender,
321	576		income level, disabling condition, proficiency in the English
322	577		language, measure of achievement, aptitude , or athletic ability.
323		-
324	578		Notwithstanding the provisions of the Education Open Transfer
325	579		Act, transfers of children with disabilities shall be granted as
326	580		authorized in Section 13 -103 of this title.
327		-
328	581		B. A local school district bo ard of education shall adopt a
329	582		policy for the school district regarding the transfer of students
330	583		Students who are the dependent children of a member of the active
331	584		uniformed military services of the United States on full -time active
332	585		duty status and for whom Oklahoma is the home of record and students
333	586		who are the dependent children of a member of the military reserve
334	587		on active duty orders and for whom Oklahoma is the home of record
335	588		shall be eligible for admission to the school district of their
336	589		choice regardless of the capacity of the district . The policy
337	590		Students shall provide for the approval of the transfer be eligible
338	591		if:
339		-
340	592		1. At least one parent of the student has a Department of
341	593		Defense-issued identification card; and
342		-
343	594		2. At least one parent can provide evidence that he or she will
344	595		be on active duty status or active duty orders, meaning the parent
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345	623		will be temporarily transferred in compliance with official orders
346	624		to another location in support of combat, contingency operation or a
347	625		natural disaster requiri ng the use of orders for more than thirty
348	626		(30) consecutive days ; and
349		-
350	627		3. The student will be residing with a relative of the student
351	628		who lives in the receiving school district or who will be living in
352		-
353		-	ENR. S. B. NO. 783 Page 9
354	629		the receiving school district within six (6) months of the filing of
355	630		the application for transfer .
356		-
357	631		SECTION 4. AMENDATORY 70 O.S. 2011, Section 8 -113, is
358	632		amended to read as follows:
359		-
360	633		Section 8-113. A student shall be allowed to transfer to a
361	634		school district in which the parent or legal guardian of the student
362	635		is employed as a teacher, as defined in Section 1 -116 of Title 70 of
363	636		the Oklahoma Statutes, upon the approval of the receiving district
364	637		only this title.
365		-
366	638		SECTION 5. REPEALER 70 O.S. 2011, Section 8 -104, as
367	639		amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,
368	640		Section 8-104), is hereby repealed.
369		-
370	641		SECTION 6. It being immediately necessary for the preservation
371	642		of the public peace, health or safety, an emergency is hereby
372	643		declared to exist, by reason whereof this act shall take effect and
373	644		be in full force from and after its passage and approval.
374		-
375	645		SECTION 7. The provisions of this act shall be contingent upon
376	646		the enactment of the provisions of House Bill No. 2078 of the 1 st
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377	674		Session of the 58th Oklahoma Legislature and shall not become
378	675		operative as law otherwise.
379	676
380		-
381		-	ENR. S. B. NO. 783 Page 10
382		-	Passed the Senate the 2nd day of March, 2021.
383		-
384		-
385		-
386		-	Presiding Officer of the Senate
387		-
388		-
389		-	Passed the House of Representatives the 31st day of March, 2021.
390		-
391		-
392		-
393		-	Presiding Officer of the House
394		-	of Representatives
395		-
396		-	OFFICE OF THE GOVERNOR
397		-	Received by the Office of the Governor this _______ _____________
398		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
399		-	By: _______________________________ __
400		-	Approved by the Governor of the State of Oklahoma this _____ ____
401		-	day of ___________________, 20_______, at _______ o'clock _______ M.
402		-
403		-	_________________________________
404		-	Governor of the State of Oklahoma
405		-
406		-
407		-	OFFICE OF THE SECRETARY OF STATE
408		-	Received by the Office of the Secretary of State this _______ ___
409		-	day of __________________, 20 _______, at _______ o'clock _______ M.
410		-	By: _______________________________ __
	677	+	DIRECT TO CALENDAR.