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SENATE FLOOR VERSION
April 11, 2023
ENGROSSED HOUSE
BILL NO. 1936 By: McCall and Baker of the
House
and
Treat of the Senate
An Act relating to schools; requiring school
districts to approve intra-district transfer of
students; providing an exception if school site has
reached capacity; directing selection of intra-
district transfer students if capacity is exceeded;
authorizing board of education to determine capacity;
allowing intra-district transfer student to continue
attendance; authorizing denial of continued intra-
district transfer; permitting intra-district transfer
for certain children living in a home ; directing
board to adopt policy for student capacity; setting
deadline for adoption of policy; including
preferential treatment for certain students in
policy; authorizing inclusion of certain reasons for
intra-district transfer denial; directing posting of
policy on district website; requiring determination
of intra-district capacity to be made by the first
day of certain months; directing publication on
school district website; directing submission of
certain report to the State Department of Education;
providing for codification; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 numbering, reads as follows:
A. Except as provided in subsection B of this section,
beginning July 1, 2023, the transfer of a student from one school
site to another school site within the school district where the
student resides shall be approved at any time in the year , unless
the grade level of the receiving school site has reached capacity.
If the capacity of a grade level is insufficient to enroll all
eligible students, the school district shall select intra-district
transfer students based on the preferences outlined in paragraph 1
of subsection B of this section and then in the order in which the
intra-district transfer applications were received. The capacity of
a school site shall be determined by the school district board o f
education based on its policy adopted pursuant to subsection B of
this section. A student may be granted a one-year intra-district
transfer and may automatically continue to attend the school each
school year to which the student transferred with the ap proval of
the school district. At the end of each school year, a school
district may deny continued intra-district transfer of the student
for the reasons outlined in paragraphs 2 and 3 of subsection B of
this section. Any sibling of a student who transf ers intra-district
may attend the school site to which the student transferred, if the
school district policy gives preference to sibling transfers
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regardless of capacity, and the sibling of the transferred student
does not meet a basis for denial as outli ned in paragraphs 2 and 3
of subsection B of this section. Any child in the custody of the
Department of Human Services in fo ster care who is living in the
home of a student who transfers intra-district, may attend the
school site to which the student tra nsferred.
B. Each school district board of education shall adop t a policy
to determine the number of intra-district 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 July 1,
2023. The policy shall be publicly posted on the school district
website. The policy:
1. Shall include an enrollment preference and reserve capacity
for:
a. students who reside in the school site boundary,
b. students who attended the school site the prior school
year, and
c. siblings of students who are already enrolled at the
school site;
2. May include the acts and reasons outlined in Section 24-
101.3 of Title 70 of the Oklahoma Statutes as a basis for denial of
an intra-district transfer; and
3. May include a history of absences as a basis for den ial of
an intra-district transfer. For the purposes of this s ection,
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"history of absences" means ten or more absences in one semester
that are not excused for the reasons provided in subsection B of
Section 10-105 of Title 70 of the Oklahoma Statutes or due to
illness.
C. By the first day of January, April, July, and October of
each year, the school district board of education shall establish
the number of intra-district transfer students the school district
has the capacity to accept in each grade level for each school site
within the district.
D. After establishing the number of intra-district transfer
students the school district has the capacity to accept in each
grade level for each school site , the board of education shall:
1. Publish in a prominen t place on the school district website
the number of intra-district transfer students for each grade level
for each school site within the school district which the district
has the capacity to accept; and
2. Report to the State Department of Education th e number of
intra-district transfer students for each grade le vel for each
school site within the school district which the district has the
capacity to accept.
SECTION 2. This act shall be come effective July 1, 2023.
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.
COMMITTEE REPORT BY: CO MMITTEE ON EDUCATION
April 11, 2023 - DO PASS