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ENGROSSED SENATE
BILL NO. 1651 By: Pederson of the Senate
and
Patzkowsky of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 1-114, which relates to free attendance of
public schools; updating statutory language regarding
student transfers pursuant to certain act; exempting
from certain tuition fee requirement school districts
that enroll certain students, do not receive certain
funds, and have certain per -pupil expenditure;
prohibiting certain students from being eligible for
State Aid; prohibiting allocation or transfer of
certain local funding; providing an effective d ate;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Secti on 1-114, is
amended to read as follows:
Section 1-114. A. All children between the ages of five (5)
years on or before September 1 , and twenty-one (21) years on or
before September 1, shall be entitled to attend school free of
charge in the district in which they reside.
B. All children who are at least four (4) years of age but not
more than five (5) years of age on or before S eptember 1 and who
have not attended a public school kindergarten shall be entitled to
attend half-day or full-day early childhood programs at any public
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school in the state where such programs are offered; provided, no
child shall be required to attend any early childhood education
program. The following paragraphs shall govern early childhood
programs:
1. Children who are at l east four (4) years of age but not more
than five (5) years of age on or before September 1 shall be
entitled to attend either ha lf-day or full-day early childhood
programs in their district of residence free of charge as long as
the district has the physi cal facilities and teaching personnel to
accommodate the child. For purposes of calculation of State Aid,
children in an early childhood education program shall be included
in the average daily membership of the district providing the
program;
2. A child who has not reached the age of five (5) years on or
before September 1 and who resides in a district which does not
offer an early childhood program shall be eligible for transfer to a
district where an early childhood program is offered if the district
that offers the early childhood program agrees to the transfer has
the capacity to accept the child as provided for in the Education
Open Transfer Act. A district offering early childhood programs may
refuse to accept a nonresident child if the district do es not have
the physical facilities or teaching personnel the capacity to
accommodate the child in an early childhood education c lass, as
provided for in the Education Open Transfer Act . If the child
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requesting the transfer has not reached the age of four (4) years on
or before September 1, the district may refuse to accept the
nonresident child if the district determines the child is not ready
for an early childhood program. Children who are accepted in a
program outside their district of residence as pr ovided in this
paragraph shall be included in the average daily membership of the
district providing the program for State Aid fu nding subject to the
State Aid formula weight limitations set forth in paragraph 1 of
this subsection; and
3. The State Board of Education shall promulgate rules that
create exemptions relating to the maximum age at which a child may
attend half-day or full-day early childhood programs.
C. No child shall be enrolled in kindergarten unless he or she
will have reached the age of f ive (5) years on or before September 1
of the school year. No child shall be enrolled in the first grade
unless he or she will h ave reached the age of six (6) years on or
before September 1 of the school year.
D. 1. No nonresident and nontransferred pup il shall be allowed
to attend school in any school district unless a tuition fee equal
to the per capita cost of education for a similar period in such
district during the preceding year has been paid to the receiving
district in advance yearly or by semes ter as determined by the
district board of education of the receiving district. If the State
Board of Education discovers that such the attendance has been
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allowed without prior payment of the tuition fee in advance as
required, no further payment of any State Aid Funds funds shall be
made to the district until such the district has shown to the
satisfaction of the State Board of Education that all such tuition
fees have been paid or that such tuition the pupil will no longer be
allowed to attend school un til the required tuition fee has been
paid.
2. The provisions of paragraph 1 of this subsection shall not
apply to a school dist rict that enrolls nonresident students from a
contiguous, out-of-state school district if the district:
a. does not receive pay ment of any State Aid funds, and
b. has a per-pupil expenditure, as defined by Section 1 -
124 of this title, that is above the state average
per-pupil expenditure.
A nonresident student whose resident district, as determined by
Section 1-113 of this title, is not within this state shall not be
eligible for State Aid. No local funding associated with the
nonresident student’s out-of-state resident district shall be
allocated or transferred to the receiving school district.
E. Any parent, guardian, person , or institution having care and
custody of a child who pays ad valorem tax on real property in any
other school district other than that in which that person resides
may, with the approval of the receiving board school district,
enroll the child in any schoo l district in which ad valorem tax is
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paid and receive a credit on the nonresident tuition fee equal to
the amount of the ad valo rem tax paid for school district purposes
in the school district in which the child is enrolled. Provided,
the credit shall not exceed the total amount required for the
tuition payment.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its pass age and approval.
Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Repr esentatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives