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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1159 By: Tedford
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; amending 70 O.S. 2021,
41	41	Sections 8-101.2, as amended by Section 1, Chapter
42	42	193, O.S.L. 2022, and Section 1, C hapter 368, O.S.L.
43	43	2024 (70 O.S. Supp. 2024, Sections 8 -101.2 and 8-
44	44	114), which relate to student transfers; prohibiting
45	45	appeals of certain transfer decisions; clarifying
46	46	appealable transfer decisions; describing intra-
47	47	district transfer options within adju sted attendance
48	48	zones; permitting intra -district transfers for
49	49	specialized programs in certain circumstances;
50	50	modifying the amount of intra -district transfers per
51	51	school year; providing an effective date; and
52	52	declaring an emergency.
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -101.2, as
60	60	amended by Section 1, Chapter 193, O.S.L. 2022 (70 O.S. Supp. 2024,
61	61	Section 8-101.2), is amended to read as follows:
62	62	Section 8-101.2. A. Except as provided in subsection B of this
63	63	section, on and after Janua ry 1, 2022, the transfer of a student
64	64	from the district in which the student resides to another school
65	65	district furnishing instruction in the grade the student is entitled
66	66	to pursue shall be granted at any time in the year unless the number
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93	93	of transfers exceeds the capacity of a grade level for each school
94	94	site within a school district. If the capacity of a grade level for
95	95	each school site within a school district is insufficient to enroll
96	96	all eligible students, the school district shall select transfer
97	97	students in the order in which the district received the student
98	98	transfer applications. The capacity of a school district shall be
99	99	determined by the school district board of educa tion based on its
100	100	policy adopted pursuant to subsection B of this section. A student
101	101	may be granted a one -year transfer and may automatically continue to
102	102	attend the school each school year to which the student transferred
103	103	with the approval of the receivin g district. At the end of each
104	104	school year, a school district may deny contin ued transfer of the
105	105	student for the reasons outlined in paragraphs 1 and 2 of subsection
106	106	B of this section. Any brother or sister of a student who transfers
107	107	may attend the schoo l district to which the student transferred, if
108	108	the school district policy gives preference to sibling transfers
109	109	regardless of capacity, and the brother or sister of the transferred
110	110	student does not meet a basis for denial as outlined in paragraphs 1
111	111	and 2 of subsection B of this section. Any child in the custody of
112	112	the Department of Human Services in foster care who is living in the
113	113	home of a student who transfers may attend the school district to
114	114	which the student transferred. Except for a child in the custody of
115	115	the Department of Human Services in foster care, a transfer student
116	116	shall not transfer more than two (2) times per school year to one or
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143	143	more school districts in which the student does not reside, provided
144	144	that the student may always reenroll at any time in his or her
145	145	school district of residence. At the discretion of th e receiving
146	146	district, a student who has attended a school district as a resident
147	147	student for at least three (3) years prior to becoming eligible to
148	148	apply as a transfer student ma y be allowed to transfer to the school
149	149	district regardless of capacity.
150	150	If the grade a student is entitled to pursue is not offered in
151	151	the district where the student resides, the transfer shall be
152	152	automatically approved.
153	153	B. Each school district board of e ducation shall adopt a policy
154	154	to determine the number of transfer students the school district has
155	155	the capacity to accept in each grade level for each school site
156	156	within a school district no later than January 1, 2022. The policy
157	157	may include:
158	158	1. The acts and reasons outlined in Section 24 -101.3 of this
159	159	title as a basis for denial of a transfer; and
160	160	2. A history of absences as a basis for denial of a transfer.
161	161	For the purposes of this section, "history of absences" means ten or
162	162	more absences in one semes ter that are not excused for the reasons
163	163	provided for in subsection B of Secti on 10-105 of this title or due
164	164	to illness.
165	165	The policy shall be publicly posted on the school district
166	166	website.
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193	193	C. By the first day of January, April, July and October, the
194	194	school district board of education shall establish the number of
195	195	transfer students the school district has the capacity to accept in
196	196	each grade level for each school site within a school district.
197	197	D. After establishing the number of transfer students the
198	198	school district has the capacity to accept in each grade level for
199	199	each school site within a school district, the board of education
200	200	shall:
201	201	1. Publish in a prominent place on the school district website
202	202	the number of transfer students for each grade level for each school
203	203	site within a school district which the school district has the
204	204	capacity to accept; and
205	205	2. Report to the State Department of Education the number of
206	206	transfer students for each grade level for each school site within a
207	207	school district which the school district has the capacity to
208	208	accept.
209	209	E. If a transfer request is deni ed by the school district based
210	210	on capacities set and approved by the receiving school district 's
211	211	board of education, the denial shall not be subject to appeal. If
212	212	the transfer request is denied based on attendance or discipline ,
213	213	the parent of the student may appeal the denial within ten (10) days
214	214	of notification of the denial to the receiving school district board
215	215	of education. The receiving school district board of education
216	216	shall consider the appeal at its next regularly scheduled board
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243	243	meeting. If the receiving school district board of education denies
244	244	the appeal based on attendance or discipline , the parent of the
245	245	student may appeal the denial within ten (10) days of notific ation
246	246	of the appeal denial to the State Board of Education , which will
247	247	determine whether local school board policy was followed . The
248	248	parent shall submit to the State Board of Education and the
249	249	superintendent of the receiving school a notice of appeal on a form
250	250	prescribed by the State Board of Education. The appeal shall be
251	251	considered by the State Board of Education at its next regularly
252	252	scheduled meeting, where the parent and a representative from the
253	253	receiving school district may address the Board. The State Board of
254	254	Education shall promulgate rules to establish the appeals process
255	255	authorized by this subsection.
256	256	F. Each school district board of education shall submit to the
257	257	State Department of Education the number of student transfers
258	258	approved and denied and whether each denial was based on capacity,
259	259	acts and reasons outlined in Section 24-101.3 of this title or a
260	260	history of absences as provided for in paragraph 2 of subsection B
261	261	of this section. The State Department of Education shall publish
262	262	the data on its website and make the data available to the Office of
263	263	Educational Quality and Accountability.
264	264	G. Each year, the Office of Educational Quality and
265	265	Accountability shall randomly select ten percent (10%) of the school
266	266	districts in the state and conduct an audit of each district 's
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293	293	approved and denied transfers based on the provis ions of the
294	294	policies adopted by the respective school district board of
295	295	education. If the Office finds inaccurate reporting of capacity
296	296	levels by a school district, the Office s hall set the capacity for
297	297	the school district.
298	298	SECTION 2. AMENDATORY Section 1, Chapter 368, O.S.L.
299	299	2024 (70 O.S. Supp. 2024, Section 8 -114), is amended to read as
300	300	follows:
301	301	Section 8-114. A. Except as provided in subsection B of this
302	302	section, beginning July 1, 2024, the transfer of a student from one
303	303	school site to another school site within the school district where
304	304	the student resides shall be approved at any time in the year,
305	305	unless the grade level of the receiving school site has reached
306	306	capacity. If the capacity of a grade level is insufficient to
307	307	enroll all eligible students, the school district shall select
308	308	intra-district transfer students based on the preferences outlined
309	309	in paragraph 1 of subsection B of this section and then in the order
310	310	in which the intra-district transfer applications were rece ived.
311	311	The school district board of education shall determine the capacity
312	312	of a school site based on its policy adopted pursuant to subsection
313	313	B of this section. A student may b e granted a one-year intra-
314	314	district transfer and may automatically continue to attend the
315	315	school site where the student transferred each school year with the
316	316	approval of the school district. Students previously granted an
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343	343	intra-district transfer may have the option to continue an intra -
344	344	district transfer as they transition to the ne xt school in the
345	345	attendance zone pattern. At the end of each school year, a school
346	346	district may deny continued intra -district transfer of the student
347	347	for the reasons outlined in paragraphs 2 and 3 of subsection B of
348	348	this section. Districts may also deny an intra -district transfer
349	349	request when the district has adjusted attendance zones for managing
350	350	student enrollment.
351	351	1. Any sibling of a student who transfers intra -district may
352	352	attend the school site to which the student transferred if the
353	353	school district policy gives preference to sibling transfers
354	354	regardless of capacity and the sibling of the transferred student
355	355	does not meet a basis for denial as outlined in paragraphs 2 and 3
356	356	of subsection B of this section.
357	357	2. The child of a school district employee who resides in the
358	358	school district but wishes to attend a different school site within
359	359	the school district where the student resides may be granted an
360	360	intra-district transfer if the school district policy gives
361	361	preference to the transfer of children of sc hool district employees
362	362	and the student does not meet a basis for denial as outlined in
363	363	paragraphs 2 and 3 of subsection B of this section.
364	364	3. A student who changes residence wi thin a school district and
365	365	who wishes to attend the same school site may be granted an intra -
366	366	district transfer if the school district policy gives preference to
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393	393	such transfers and the student does not meet a basis for denial as
394	394	outlined in paragraphs 2 and 3 of subsection B of this section.
395	395	4. A student may be granted an intra -district transfer to
396	396	participate in specialized programs within the district if the
397	397	school district policy gives preference to such transfers and the
398	398	student does not meet a basis fo r denial as outlined in paragraphs 2
399	399	and 3 of subsection B of this section.
400	400	5. Any child in the custody of the Department of Human Services
401	401	and living in foster care who resides in the home of another student
402	402	who transfers intra-district may attend the s chool site to which the
403	403	student transferred.
404	404	Except for a child in the custody of the Department of Human
405	405	Services in foster care, an intra -district transfer student shall
406	406	not transfer more than two times one time per school year to other
407	407	school sites within the school district where the student resides,
408	408	provided that the student may always reenroll at any time in his or
409	409	her school site of residence.
410	410	B. Each school district board of education shall adopt a policy
411	411	to determine the number of intra -district transfer students the
412	412	school district has the capacity to accept in each grade level for
413	413	each school site within a school district no later than July 1,
414	414	2024. The policy shall be publicly posted on the school district
415	415	website. The policy:
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442	442	1. Shall include an enrollment preference and reserve capacity
443	443	for:
444	444	a. students who reside in the school site boundary,
445	445	b. students who attended the school site the prior school
446	446	year,
447	447	c. siblings of students who are already enrolled at the
448	448	school site,
449	449	d. children of school district employees who wish to
450	450	attend a different school site within the s chool
451	451	district, and
452	452	e. students who change residence within a school district
453	453	and who wish to attend the same school site;
454	454	2. May include the acts and reasons outlined in Sectio n 24-
455	455	101.3 of Title 70 of the Oklahoma Statutes as a basis for denial of
456	456	an intra-district transfer; and
457	457	3. May include a history of absences as a basis for denial of
458	458	an intra-district transfer. For the purposes of this section,
459	459	"history of absences" means ten or more absences in one semester
460	460	that are not excused for the reasons p rovided in subsection B of
461	461	Section 10-105 of Title 70 of the Oklahoma Statutes or due to
462	462	illness.
463	463	C. By the first day of January, April, July, and October of
464	464	each year, the school district board of education shall establish
465	465	the number of intra-district transfer students the school district
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492	492	has the capacity to accept in each grade level for each school site
493	493	within the district.
494	494	D. After establishing the number of intra -district transfer
495	495	students the school district has the capacity to accept in each
496	496	grade level for each school site, the board of education shall:
497	497	1. Publish in a prominent place on the school district website
498	498	the number of intra-district transfer students for each grade level
499	499	for each school site within the school district which the district
500	500	has the capacity to accept; and
501	501	2. Report to the State Department of Education the number of
502	502	intra-district transfer students for each grade level for each
503	503	school site within t he school district which the district has the
504	504	capacity to accept.
505	505	SECTION 3. This act shall become effective July 1, 2025.
506	506	SECTION 4. It being immediately necessary for the preservation
507	507	of the public peace, health or safet y, an emergency is hereby
508	508	declared to exist, by reason whereof this act shall take effect and
509	509	be in full force from and after its passage and approval.
510	510
511	511	60-1-10262 SW 12/12/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1159 Compare Versions