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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3915 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to student transfers; amending 70
O.S. 2021, Section 13 -103, which relates to transfers
for students with disabilities; directing boards of
education to adopt policies to determine capacity to
accept transfer students with disabilities; listing
criteria for consideration in establishing capacity;
establishing a process for appe al if transfer is
denied; directing boa rd to submit certain information
about transfer approvals and denials; requiring Board
to share certain data; mandating Office of
Educational Quality and Accounta bility to perform a
random audit of transfers; directing Office to set
capacity if certain inaccuracy is found; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 13 -103, is
amended to read as follows:
Section 13-103. A. Any school district in the state may
provide suitable facilities and employ qualified teachers and
therapists for children with disabilities, either in schools,
classrooms, or in other places as the board of education of the
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district may deem advisable. When a school district cannot provide
special educational facilities and qualified teachers, a child may
be transferred pursuant to the provisions of paragraph 4 of Sect ion
13-101 of this title.
B. If a child with disabilities is transferred to a school
district other than the district of residence of the child pursuant
to the Education Open Transfer Act , the following provisions shall
apply:
1. The receiving district s hall establish availability of the
appropriate program, staff caseloads, and services prior to approval
of the transfer. Each school district board of education shall
adopt a policy to determine the number of transfer students with
disabilities the school district has the capacity to accept based on
program, staff caseloads, and services no later than January 1,
2025;
2. Prior to the approval of the transfer of a child on an
individualized education program (IEP), a joint IEP conference shall
be required between the district of residence and the receiving
district; and
3. Upon approval of the tra nsfer, the receiving district shall
claim the child in the average daily membership for state and
federal funding purposes and shall assume all responsibility for
education of the child. For state funding purposes, the State
Department of Education shall include the appropriate grade level
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weight and all category weights to which the pupil is assigned
pursuant to the provisions of Section 18 -201.1 of this title wh en
calculating State Aid pursuant to the provisions of Section 18 -200.1
of this title, regardl ess of whether the receiving district provides
education to the student using traditional in -class means or via
online instruction. When applicable, the receivin g district may
apply to the Oklahoma Special Education Assistance Fund for
assistance in meeting any extraordinary costs incurred ;
4. If a transfer request is denied by the school district, the
parent or guardian of the student with a disability or the adult
student, eighteen (18) through twenty-two (22) years of age, with a
disability may appeal the denial within ten (10) days of
notification of the denial to the receiving school district board of
education. The receiving school board shall consider the appeal at
its next regularly scheduled school board meeting. If the receiving
school district board of education denies the appeal, the parent,
guardian, or adult student may appeal the denial within ten (10)
days of notification of the denied appeal to the State Board of
Education. The parent, guardian, or adult student shall submit to
the State Board of Education and the superintendent of the receiving
school district a notice of appeal on a form prescribed by the
Board. The appeal shall be considered by the Board at its next
regularly scheduled meeting, where the parent , guardian, or adult
student and a representative from the receiving school district may
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address the Board. The Board shall promulgate rules for the appeals
process that align with the Education Open Transfer Act ;
5. Each school district bo ard of education shall submit to the
State Department of Education the number of students with
disabilities transfers approved and denied by the district and
whether each denial was based on program, staff caseload, or
services capacity. The Department shall make the data available to
the Office of Educational Quality and Accountability ; and
6. The Office of Educational Quality and Accountability shall
randomly select ten percent (10%) of the school districts in the
state and conduct an audit of each district's approved and denied
transfers of students with disabilities based on the provisions of
the policies adopted by the respective school district board of
education. If the Office finds inaccurate reporting of capacity
levels set by a school district, the Office shall set the capacity
for the school district.
C. Transfers authorized by this section shall be made under
rules adopted by the State Board of Education. When a child with
disabilities or pregnant child is unable to attend any school or
class in the district of residency, the boa rd of education of the
district may provide for home instruction for the child. The State
Board of Education is further authorized to cooperate with any
school district in the state to make it possible for a child with
disabilities to attend the regular s chool by making special
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provisions for the transportation of the child, or for special
equipment, devices, books, supplies or other facilities, or for
special instruction within the regular school building. The
provisions for services and transfers as pro vided for in this
section shall be made with consideration of the least restrictive
environment and IEP requirements under the Individuals with
Disabilities Education Act (IDEA).
D. Beginning with the 2008 -2009 school year, a transfer granted
for a child with disabilities pursuant to paragraph 4 of Section 13 -
101 of this title for three (3) consecutive years to the same school
district shall automatically be renewed each year. The district in
which the child resides shall continue to pay tuition as provid ed
for in paragraph 4 of Section 13 -101 of this title.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9158 EK 01/17/24