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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 839 By: Pugh
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 8-101.2, as amended by Secti on 1, Chapter
193, O.S.L. 2022, and 8-103 (70 O.S. Supp. 2022,
Section 8-101.2), which relate to the Education Open
Transfer Act; modifying beginning date for certain
implementation; removing l anguage allowing a tran sfer
at any time; directing transfer app lications to be
submitted in accordance with certai n provisions;
modifying transfer frequency; modifying date by which
certain capacity mus t be established; directing
transfer applications be submitted between certain
dates; modifying date by which certain statement must
be filed; and providing an effectiv e date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -101.2, as
amended by Section 1, Chapter 193, O.S.L. 2022 ( 70 O.S. Supp. 2022,
Section 8-101.2), is amended to read as follows:
Section 8-101.2. A. Except as provided in subsection B of t his
section, on and after January 1, 2022 beginning June 1, 2024, the
transfer of a student from the district in which the stu dent resides
to another school distric t furnishing instruction in the grade the
student is entitled to pursue shall be granted at any time in the
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year unless the number of transfers exceeds the capacity of a grade
level for each school site within a school district. Transfer
applications shall be submit ted in accordance with the provisions of
Section 8-103 of this title. If the capacity of a grade level for
each school site within a school distric t is insufficient to en roll
all eligible students, the scho ol district shall select transfer
students in the order in which the district received the student
transfer applications . The capacity of a schoo l district shall be
determined by the school distri ct board of education b ased on its
policy adopted pursuant to subsection B of this section. A student
may be granted a one-year transfer and may automatically continue to
attend the school each school yea r to which the student transferred
with the approval of the receiving dist rict. At the end of each
school year, a school district may deny continued transfer of the
student for the reasons outlined in paragraphs 1 and 2 of subsec tion
B of this section. Any brother or sister of a student who transfers
may attend the school dist rict to which the student transferred, if
the school district policy gives pref erence to sibling transfers
regardless of capacity, and the brother or sister of the transferred
student does not meet a basis for denial as outl ined in paragraphs 1
and 2 of subsection B of this section. Any child in the custody of
the Department of Human Services in foster care who is living in the
home of a student who transfers may attend the school distr ict to
which the student transferred . Except for a child in the custody of
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the Department of Human Services in foster care, a transfer s tudent
shall not transfer more than two (2) times one time per school year
to one or more school districts in which the student does not
reside, provided that the stud ent may always reenroll at any time in
his or her school district of residence. At the discretion of the
receiving district, a student who has attend ed a school district as
a resident student for at least three (3) y ears prior to becoming
eligible to apply as a transfer student may be allowed to transfer
to the school district regardless of capacity.
If the grade a student is entitled to pursue is not offered in
the district where the student resides, the transfer sha ll be
automatically approved.
B. Each school district board o f education shall adopt a policy
to determine the number of transfer students the schoo l district has
the capacity to accept in each grade level for each school site
within a school district no later than January 1, 2022 . The policy
may include:
1. The acts and reasons outlined in Section 24-101.3 of this
title as a basis for denial of a t ransfer; and
2. A history of absences as a basis fo r denial of a transfer.
For the purposes of this secti on, “history of absences” means ten or
more absences in one se mester that are not excused for the reasons
provided for in subsection B of Section 10 -105 of this title or due
to illness.
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The policy shall be publicly posted on the school district
website.
C. By the first day of January, Ap ril, July and October June 1,
2024, and each June 1 thereaf ter, the school district bo ard of
education shall establish the number of transfer students the school
district has the capacity to accept in each gra de level for each
school site within a school district .
D. After establishing the number of transfer students the
school district has the capacity to acce pt in each grade level for
each school site within a sc hool district, the board of education
shall:
1. Publish in a prominent place on the s chool district website
the number of transfer students for each grade level for each school
site within a school di strict which the school district has the
capacity to accept; and
2. Report to the State Department o f Education the number of
transfer students for each grade level for each sc hool site within a
school district which the school distr ict has the capacity t o
accept.
E. If a transfer request is denied by the sc hool district, the
parent of the student may a ppeal the denial within ten (10) days of
notification of the denial to the r eceiving school district board of
education. The receiving school district board of education shall
consider the appeal at its next r egularly scheduled board meeting .
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If the receiving school district board of education denies the
appeal, the parent of the student may appeal the denial within ten
(10) days of notification of the app eal denial to the State Board of
Education. The parent shall submit to the State Board of Education
and the superintendent of the receiving school a notice of appeal on
a form prescribed by the State Board of Education. The appeal shall
be considered by the State Board of Education at its next regularly
scheduled meeting, where the parent and a representative from the
receiving school distric t may address the Board. The State Board of
Education shall promulgate rules to establish th e appeals process
authorized by this subsection.
F. Each school district boa rd of education shall submit to the
State Department of Education the number of studen t transfers
approved and denied and whether each denial was based on capacity,
acts and reasons outlined in Section 24-101.3 of this title or a
history of absences as pro vided for in paragraph 2 of subsection B
of this section. The State Department of Edu cation shall publish
the data on its website and make the data available to the Office of
Educational Quality and A ccountability.
G. Each year, the Office of Educational Quality and
Accountability shall randomly sel ect ten percent (10%) of the school
districts in the state and conduct an au dit of each district’s
approved and denied transfers base d on the provisions of the
policies adopted by the respective school district board of
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education. If the Office finds inac curate reporting of capacity
levels by a school district, the Office shall s et the capacity for
the school district.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 8 -103, is
amended to read as follows:
Section 8-103. A. In order that any student may be
transferred, an application form specified by the Stat e Board of
Education must be complet ed by the parents of the student. For
purposes of the Education Open Transfer Act, the term “parent” means
the parent of the student or person having custody of the student as
provided for in paragraph 1 of subsection A of Section 1-113 of this
title. The application shall be filed with the superintenden t of
the receiving school d istrict for transfers to school districts in
this state and with the State Board of Education for transfers to
school districts in another sta te. Transfer applications shall be
filed with the superintendent of the receiving scho ol district
between July 1, 2024, and e ach July 1 thereafter, and July 15, 2024,
and each July 15 thereafter.
B. On or before the first day of January, April, July an d
October By June 1, 2024, and by June 1 each year thereafter, it
shall be the duty of th e superintendent of the receiving school
district to file with the State Board of Education and each resident
district a statement showing the names of the students gr anted
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transfers to the school district , the resident school district of
the transferred students, and their respective grade level.
C. For students who are deaf or hearing -impaired who wish to
transfer to a school district with a specialized deaf educatio n
program, applications may be filed a t any time during the school
year. The student may transfer to the receiving school district at
any time during the school year.
D. The school district shall enroll transfer students in the
order in which they submit their applications. If the number of
student transfer applications exceeds the capacity of a receiving
school district, as determined by subsection A of Section 8 -101.2 of
this title, the district shall select transfer students in the order
in which the district received the student transfer applications.
E. If a transfer application is den ied based on the receiving
school district’s open transfer policy adopted pursuant to
subsection B of Section 8 -101.2 of this title, the parent of the
student may appeal the decision as provided for in sub section E of
Section 8-101.2 of this title.
SECTION 3. This act shall become effective November 1, 2023.
59-1-561 EB 1/19/2023 9:12:05 AM