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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 671 By: Pederson
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 1-114, which relates to f ree attendance of
public schools; updating 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 bein g eligible for
State Aid; prohibiting allocation or transfer of
certain local funding; providing an e ffective date;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 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 September 1 and wh o
have not attended a publ ic school kindergarten shall be entitled to
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attend half-day or full-day early childhood programs at any public
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 least 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 half -day or full-day early childhood
programs in their district of residence free of charge as long as
the district has the physical facilities and teaching personnel to
accommodate the child. For purposes of calculation of State Aid,
children in an early childhood educatio n program shall be include d
in the average daily membership of the district providing th e
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 prog ram shall be eligible for transfer to a
district where an early childhood program is off ered 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 child hood programs may
refuse to accept a nonresident ch ild if the district does n ot have
the physical facilities or teaching personnel the capacity to
accommodate the child in an early childhood education class , as
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provided for in the Education Open Transfer A ct. If the child
requesting the transfer has not r eached the age of four (4) years on
or before September 1, the district may refuse to accep t the
nonresident child if the district determines the child is not ready
for an early childhood program. Childre n who are accepted in a
program outside their distr ict of residence as provided in this
paragraph shall be included in the average daily membe rship of the
district providing the program for State Aid funding subject to the
State Aid formula weight limitati ons set forth in paragraph 1 of
this subsection; and
3. The State Board of Education shall promulgate rules that
create exemptions relating t o 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 five (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 have reached the a ge of six (6) years on or
before September 1 of the school year.
D. 1. No nonresident and nontransferred pupil shall be allowed
to attend school in any school district unless a tuit ion fee equal
to the per capita cost of education for a similar period in such
district during the preceding y ear has been paid to the receiving
district in advance yearly or by semester as determined by the
district board of education of the receiving dis trict. If the State
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Board of Education discovers that such the attendance has been
allowed without prior paym ent 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 t o 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 until the required tuition fee has been
paid.
2. The provisions of paragraph 1 of this subsection shall not
apply to a school district that enrolls nonresident students from a
contiguous, out-of-state school district if the district:
a. does not receive payment 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 transfer red 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 tha t person resides
may, with the approval of the receiving board school district,
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enroll the child in any school district in which ad valore m tax is
paid and receive a credit on the nonresident tuition fee equal to
the amount of the ad valorem tax paid for s chool district purposes
in the school district in which the child is enrolled. Provide d,
the credit shall not exceed the total amount req uired for the
tuition payment.
SECTION 2. This act shall become effective July 1, 2023.
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 thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-1015 EB 1/18/2023 12:03:53 PM