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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3916 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to student transfers; amending 70
O.S. 2021, Section 8-101.1, which relates to the
Education Open Transfer Act; updating statutory
citations; adding new section to Act applicability;
authorizing students who attend a certain school to
transfer to another school within the resident
district; requiring district to accept transfer
regardless of capacity; prohibiting transfer in
certain instances; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -101.1, is
amended to read as follows:
Section 8-101.1 Sections 20 8-101.2 through 29 8-113, 9-101,
13-101, 13-103, and 18-110 of this act title and Section 2 of this
act shall be known and may be cited as the "Education Open Transfer
Act".
SECTION 2. 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 foll ows:
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A. Any student who attends a school that is identified in the
bottom five percent (5%) of schools in the state, may transfer to
another school within his or her resident school district that
offers the grade the student is en titled to pursue, regardless of
the posted transfer capacity of the school .
B. A student forfeits his or her right to a transfer pursuant
to this section if the student:
1. Is found guilty of the acts and reasons outlined in Section
24-101.3 of Title 70 of the Oklahoma Statutes that are described as
bases for denial of a transfer under paragraph 1 of su bsection B of
Section 8-101.2 of Title 70 of the Oklah oma Statutes; or
2. Has a history of absences as define d in paragraph 2 of
subsection B of Section 8 -101.2 of Title 70 of the Oklahoma
Statutes.
SECTION 3. This act shall become effect ive July 1, 2024.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, b y reason whereof thi s act shall take effect and
be in full force from and af ter its passage and approval.
59-2-9157 EK 01/17/24