Oklahoma 2024 Regular Session

Oklahoma House Bill HB3048 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 3048 Page 1 1
	3	+	HB3048 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3048 By: Boles of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (202 4)
	34	+
	35	+	HOUSE BILL 3048 By: Boles of the House
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31	37		and
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33	39		Garvin of the Senate
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	45	+	AS INTRODUCED
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40	47		An Act relating to schools; amending 70 O.S. 2021,
41	48		Section 8-101.2, as amended by Section 1, Chapter
42	49		193, O.S.L. 2022 (70 O.S. Supp. 202 3, Section 8-
43	50		101.2), which relates to the Education Open Transfer
44	51		Act; modifying criteria for appeals process; and
45	52		providing an effective date.
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50	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	58		SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -101.2, as
52	59		amended by Section 1, Chapter 193, O.S.L. 2022 (70 O.S. Supp. 2023,
53	60		Section 8-101.2), is amended to read as follows:
54	61		Section 8-101.2 A. Except as provided in subsection B of this
55	62		section, on and after January 1, 2022, the transfer of a student
56	63		from the district in which the student resides to another school
57	64		district furnishing instruction in the grade the student is entitled
58	65		to pursue shall be granted at any time in the year unless the n umber
59	66		of transfers exceeds the capacity of a grade level for each school
60		-	site within a school district . If the capacity of a grade level for
61		-	each school site within a school district is insufficient to e nroll
62		-	all eligible students, the school district sha ll select transfer
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64		-	ENGR. H. B. NO. 3048 Page 2 1
	68	+	HB3048 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
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	94	+	site within a school district . If the capacity of a grade level for
	95	+	each school site within a school district is insufficient to e nroll
	96	+	all eligible students, the school district sha ll select transfer
89	97		students in the order in which the district rec eived the student
90	98		transfer applications . The capacity of a schoo l district shall be
91	99		determined by the school district board of education based on its
92	100		policy adopted pursuant to subsection B of this section. A student
93	101		may be granted a one-year transfer and may automatically continue to
94	102		attend the school each school yea r to which the student transferred
95	103		with the approval of the receiving dis trict. At the end of each
96	104		school year, a school dis trict may deny continued transfer of the
97	105		student for the reasons o utlined in paragraphs 1 and 2 of subsec tion
98	106		B of this section. Any brother or sister of a student who transfers
99	107		may attend the school dis trict to which the student transferred, if
100	108		the school district policy gives preference to sibling transfers
101	109		regardless of capacity, and the brother or sister of the transferred
102	110		student does not meet a basis for denial as outl ined in paragraphs 1
103	111		and 2 of subsection B of this section. Any child in the custody of
104	112		the Department of Human Services in foster care who is living in the
105	113		home of a student who transfers may attend the school distr ict to
106	114		which the student transferred . Except for a child in t he custody of
107	115		the Department of Human Services in foster care, a transfer s tudent
108	116		shall not transfer more than two (2) times per school year to one or
109	117		more school districts in which the student does not reside, provided
110		-	that the student may always reenroll at any time in his or her
111		-	school district of residence. At the discretion of the receiving
112		-	district, a student who has attended a school district as a resident
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114		-	ENGR. H. B. NO. 3048 Page 3 1
	119	+	HB3048 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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	145	+	that the student may always reenroll at any time in his or her
	146	+	school district of residence. At the discretion of the receiving
	147	+	district, a student who has atten ded a school district as a resident
139	148		student for at least three (3) y ears prior to becoming eligible to
140	149		apply as a transfer student may be allowed to transfer to the school
141	150		district regardless of capac ity.
142	151		If the grade a student is entitled to pursue is not offered in
143	152		the district where the student resides, the transfer sha ll be
144	153		automatically approved.
145	154		B. Each school district board of educat ion shall adopt a policy
146	155		to determine the number of transfer students the school dist rict has
147	156		the capacity to accept i n each grade level for each school site
148	157		within a school district no later than January 1, 2022 . The policy
149	158		may include:
150	159		1. The acts and reasons outlined in Section 24-101.3 of this
151	160		title as a basis for denial of a transfe r; and
152	161		2. A history of absences as a basis for denial of a transfer.
153	162		For the purposes of this secti on, "history of absences" means ten or
154	163		more absences in one semester t hat are not excused for the reasons
155	164		provided for in subsection B of Section 10 -105 of this title or due
156	165		to illness.
157	166		The policy shall be publicly posted on the school district
158	167		website.
159		-	C. By the first day of January, Ap ril, July and October, the
160		-	school district board of education shall establish the number of
161		-	transfer students the school d istrict has the capacity to accept in
162		-	each grade level for each school site within a school district.
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164		-	ENGR. H. B. NO. 3048 Page 4 1
	169	+	HB3048 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
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	195	+	C. By the first day of January, Ap ril, July and October, the
	196	+	school district board of education shall establish the number of
	197	+	transfer students the school d istrict has the capacity to accep t in
	198	+	each grade level for each school site within a school district.
189	199		D. After establishing the numb er of transfer students the
190	200		school district has the capacity to accept in each grade level for
191	201		each school site within a sc hool district, the board of educa tion
192	202		shall:
193	203		1. Publish in a prominent place on the school district website
194	204		the number of transfer students for each grade level for each school
195	205		site within a school district which the school district has the
196	206		capacity to accept; and
197	207		2. Report to the State Department of Education the number of
198	208		transfer students for each gr ade level for each school site within a
199	209		school district which the scho ol district has the capacity to
200	210		accept.
201	211		E. If a transfer request is denied by the school district, the
202	212		parent of the student may appeal the denial within ten (10) days of
203	213		notification of the denial to the receiving school district board of
204	214		education. The receiving school district board of education shall
205	215		consider the appeal at its next r egularly scheduled board meeting .
206	216		If the receiving school district board of education denies the
207		-	appeal, the parent of the studen t may appeal the denial within ten
208		-	(10) days of notification of the appeal denial to the State Board of
209		-	Education. The parent shall submit to the State Board of Education
210		-	and the superintendent of the receiving school a notice of appeal on
211		-	a form prescribed by the State Board of Education . The appeal shall
212		-	be considered by the State Board of Education at its next regularly
	217	+	appeal and the denial is not based on the policy of the receiving
	218	+	school district as provided in subsection B of this section , the
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214		-	ENGR. H. B. NO. 3048 Page 5 1
	220	+	HB3048 HFLR Page 5
	221	+	BOLD FACE denotes Committee Amendments. 1
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	246	+	parent of the studen t may appeal the denial within ten (10) days of
	247	+	notification of the appeal denial to the State Board of Education .
	248	+	The parent shall submit to the State Board of Education and the
	249	+	superintendent of the receiving school a notice of appeal on a form
	250	+	prescribed by the State Board of Education . The appeal shall be
	251	+	considered by the State Board of Education at its next regularly
239	252		scheduled meeting, where the parent and a represen tative from the
240		-	receiving school district may address t he Board. If the denial by
241		-	the receiving school dis trict board of education was in accordance
242		-	with the policy adopted by the board as provided in subsection B of
243		-	this section, the appeal shall be denied. The State Board of
	253	+	receiving school district may address t he Board. The State Board of
244	254		Education shall promulgate rules to est ablish the appeals process
245	255		authorized by this subsection.
246	256		F. Each school district boa rd of education shall submit to the
247	257		State Department of Education the number of student transfers
248	258		approved and denied and whether each denial was based on capacity,
249	259		acts and reasons outlined in Section 24-101.3 of this title or a
250	260		history of absences as pro vided for in paragraph 2 of subsection B
251	261		of this section. The State Department of Education shall pu blish
252	262		the data on its websit e and make the data available to the Offi ce of
253	263		Educational Quality and Accountability.
254	264		G. Each year, the Office of Educational Quality and
255	265		Accountability shall randomly sel ect ten percent (10%) of the school
256	266		districts in the state and conduct an audit of each district's
257	267		approved and denied trans fers based on the provisions of the
258	268		policies adopted by the respective school district board of
259	269		education. If the Office finds inac curate reporting of capacity
260		-	levels by a school district, the Office shall set the capacity for
261		-	the school district.
262		-	SECTION 2. This act shall become effective November 1, 2024.
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264		-	ENGR. H. B. NO. 3048 Page 6 1
	271	+	HB3048 HFLR Page 6
	272	+	BOLD FACE denotes Committee Amendments. 1
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289		-	Passed the House of Representatives the 11th day of March, 2024.
	297	+	levels by a school distric t, the Office shall set the capacity for
	298	+	the school district.
	299	+	SECTION 2. This act shall become effective November 1, 2024.
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293		-
294		-	Presiding Officer of the House
295		-	of Representatives
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299		-	Passed the Senate the ___ day of __________, 2024.
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304		-	Presiding Officer of the Senate
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	301	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/13/20 24
	302	+	- DO PASS, As Coauthored.