Req. No. 10942 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2259 By: Miller
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 8-101.2, as amended by Section 1, Chapter
193, O.S.L. 2022, 8-103.1, and Section 1, Chapter
368, O.S.L. 2024 (70 O.S. Supp. 2024, Sections 8 -
101.2, 8-103.1, and 8-114), which relate to school
transfers; mandating that inter -district transfer
students stay in the transferred district
continuously; clarifying and limiting exceptions for
continual inter-district transfers; prohibiting
schools from precluding ce rtain transfer students
from enrollment prior to establishing residency;
mandating that intra -district transfer students stay
in the transferred district continuously; clarifying
and limiting exceptions for continual intra -district
transfers; providing capacity exception for certain
military children's intra-district transfers;
prescribing number of certain post -capacity
transfers; defining terms; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE O F 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. 2024,
Section 8-101.2), is amended to read as follows:
Section 8-101.2. A. Except as provided in subsection B of this
section, on and after January 1, 2022, the transfer of a student
Req. No. 10942 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
from the district in which the student resides to another school
district furnishing instruct ion in the grade the student is entitled
to pursue shall be granted at any tim e in the year unless the number
of transfers exceeds the capacity of a grade level for each school
site within a school district. If the capacity of a grade level for
each school site within a school district is insufficient to enroll
all eligible students, the school district shall select transfer
students in the order in which the district received the student
transfer applications. The capacity of a school district shall be
determined by the school district board of education based on its
policy adopted pursuant to subsection B of this section. A student
may be granted a one -year transfer and may shall automatically
continue to attend the school each school year to which the student
transferred with the approval of the receiving district , unless the
school district denies the continued transfer for the reasons
outlined in paragraphs 1 and 2 of subsection B of this section . At
the end of each school year, a school district may only deny
continued transfer of the student for the reasons outlined in
paragraphs 1 and 2 of subsection B of this section. Any brother or
sister of a student who transfers may attend the school district to
which the student transferred, if the school di strict policy gives
preference to sibling transfers regardless of capacity, and the
brother or sister of the transferred student does not meet a basis
for denial as outlined in paragraphs 1 and 2 of subsection B of this
Req. No. 10942 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
section. Any child in the custody o f the Department of Human
Services in foster care who is living in the home of a student who
transfers may attend the school district to which the student
transferred. Except for a child in the custody of the Department of
Human Services in foster care, a transfer student shall not transfer
more than two (2) times per school year to one or more school
districts in which the student does not reside, provided that the
student 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 attended a school dis trict as a resident student
for at least three (3) years 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 shall be
automatically approved.
B. Each school district board of education shall adopt a policy
to determine the number of tran sfer students the school district has
the capacity to accept in each grade lev el 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 transfer; and
Req. No. 10942 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A history of absences as a basis for denial of a transfer.
For the purposes of this section, "history of absences" means ten or
more absences in one semester that are not excused for the reasons
provided for in subs ection B of Section 10 -105 of this title or due
to illness.
The policy shall be publicly posted on the school district
website.
C. By the first day of January, April, July and October, the
school district board of education shall establish the number of
transfer students the school district has the capacity to accept in
each grade level for each school site within a school district.
D. After establishing the number of transfer students the
school district has the capacity to accept in each grade level for
each school site within a school district, the board of education
shall:
1. Publish in a prominent place on the school district website
the number of transfer students for each grade level for each school
site within a school district which the school di strict has the
capacity to accept; and
2. Report to the State Department of Education the number of
transfer students for each grade level for each school site within a
school district which the school district has the capacity to
accept.
Req. No. 10942 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. If a transfer request is denied by the school district, the
parent of the student may appe al the denial within ten (10) days of
notification of the denial to the receiving school district board of
education. The receiving school district board of education shall
consider the appeal at its next regularly scheduled board meeting.
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 appeal denial to the State Bo ard 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 Educati on at its next regularly
scheduled meeting, where the parent and a representative from the
receiving school district may address the Board. The State Board of
Education shall promulgate rules to establish the appeals process
authorized by this subsection.
F. Each school district board of education shall submit to the
State Department of Education the number of student 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 provided for in paragraph 2 of subsection B
of this section. The State Department of Education shall publish
the data on its website and make the data available to the Office of
Educational Quality and Accountability.
Req. No. 10942 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. Each year, the Office of Educational Quality and
Accountability shall randomly select ten percent (10%) of the school
districts in the state and conduct an audit of each district 's
approved and denied transfers based on the provisions of the
policies adopted by t he respective school district board of
education. If the Office finds inaccurate reporting of capacity
levels by a school district, the Office shall set the capacity for
the school district.
SECTION 2. AMENDATORY 70 O.S. 2021, Se ction 8-103.1, is
amended to read as follows:
Section 8-103.1. A. A local school district board of education
which receives a request for a transfer for a student who does not
reside in the school district may refuse the transfer in accordance
with the provisions of the open transfer policy adopted by the local
school district board of education and subject to the provisions of
subsections B and C of this section. Each local board of education
shall adopt an open transfer policy for the school district w hich
specifies its criteria and standards for approval of transfers of
students who do not reside in the district. The policy shall
include, but shall not be limited to, provisions relating to the
availability of programs, staff, or space as criteria for approval
or denial of transfers. A school district may include in the policy
as the basis for denial of a transfer, the reasons outlined in
Section 24-101.3 of this title.
Req. No. 10942 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
In considering requests for students to transfer into a school
district, the board of education shall consider the requests on a
first-come, first-serve basis. A school district shall not accept
or deny a transfer based on ethnicity, national origin, gender,
income level, disabling condition, proficiency in the English
language, measure of achievement, aptitude, or athletic ability.
Notwithstanding the provisions of the Education Open Transfer
Act, transfers of children with disabilities shall be granted as
authorized in Section 13 -103 of this title.
B. A local school district board of education shall adopt a
policy for the school district regarding the transfer of students
who are the dependent children of a member of the active uniformed
military services of the United States on full -time active duty
status and for whom Oklahoma is the home of record and students who
are the dependent children of a member of the military reserve on
active duty orders and for whom Oklahoma is the home of record. The
policy shall provide for the approval of the transfer if:
1. At least one parent of the student has a Department of
Defense-issued identification card; and
2. At least one parent can provide evidence that he or she will
be on active duty status or active duty orders, meaning the parent
will be temporarily transferred in compliance with offi cial orders
to another location in support of combat, contingency operation or a
Req. No. 10942 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
natural disaster requiring the use of orders for more than thirty
(30) consecutive days; and
3. The student will be residing with a relative of the student
who lives in the receiving school district or who will be living in
the receiving school distric t within six (6) months of the filing of
the application for transfer.
C. 1. A student shall be considered in compliance with the
residency provisions of Section 1 -113 of this title if he or she is
a student whose parent or legal guardian is transferred or is
pending transfer to a military installation within the state while
on active military duty pursuant to an official military order.
2. A school district shall accept applic ations by electronic
means for enrollment including enrollment in a specific s chool or
program within the school district and course registration for
students described in paragraph 1 of this subsection.
3. a. A student shall not be precluded from enrollme nt prior
to residency as provided in this subsection for any of
the following:
(1) having an individualized education program or an
individualized family service plan under the
Individuals with Disabilities Education Act, 29
U.S.C., Section 1400 et seq.,
(2) receiving or qualifying for special education
courses or services, or
Req. No. 10942 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(3) receiving or qualifying for accommodations or
services under the Rehabilitation Act of 1973, 29
U.S.C., Section 504.
b. If the enrolling student is transferring with an
individualized education program, an individualized
family service plan, or a Section 504 plan, the
district board of education shall take the necessary
steps including, but not limited to, the transfer of
records and any prior evaluations, the performance of
reevaluations, if necessary, and meetings to ensure
that comparable services are in place prior to the
student's first day of school in the state.
4. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of re sidence in
the school district within ten (10) days after the published arrival
date provided on official documentation. A parent or legal guardian
may use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or public -private venture off-base
military housing.
D. For purposes of this section:
1. "Active military duty " means full-time military duty status
in the active uniformed service of the United States including
Req. No. 10942 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
members of the National Guard and Military Reserve on active duty
orders; and
2. "Military installation " means a base, camp, post, station,
yard, center, homeport facility for any ship or other installation
under the jurisdiction of the Department of Defense or the United
States Coast Guard.
SECTION 3. AMENDATORY Section 1, Chapter 368, O.S.L.
2024 (70 O.S. Supp. 2024, Section 8 -114), is amended to read as
follows:
Section 8-114. A. Except as provided in subsec tion B of this
section, beginning July 1, 2024, the transfer of a student from one
school site to another school site within the school district where
the student resides shall be approved at any time in the year,
unless the grade level of the receiving sc hool site has reached
capacity. If the capacity of a grade level is insuffici ent to
enroll all eligible students, the school district shall select
intra-district transfer students based on the preferences outlined
in paragraph 1 of subsection B of this se ction and then in the order
in which the intra-district transfer applications were received.
The school district board of education shall determine the capacity
of a school site based on its policy adopted pursuant to subsection
B of this section. A stud ent may be granted a one -year intra-
district transfer and may shall automatically continue to attend the
school site where the student transferred each school year with the
Req. No. 10942 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
approval of the school district , unless the school district denies
the continued intra-district transfer for the reasons outlined in
paragraphs 2 and 3 of subsection B of this section . At the end of
each school year, a school district may only deny continued intra -
district transfer of the student for the reasons outlined in
paragraphs 2 and 3 of subsection B of this section.
1. Any sibling of a student who trans fers intra-district may
attend the school site to which the student transferred if the
school district policy gives preference to sibling transfers
regardless of capacity and the sibling of the transferred student
does not meet a basis for denial as outlined in paragraphs 2 and 3
of subsection B of this section.
2. The child of a school district employee who resides in the
school district but wishes to attend a different school s ite within
the school district where the student resides may be granted an
intra-district transfer if the school district policy gives
preference to the transfer of children of school district employees
and the student does not meet a basis for denial as o utlined in
paragraphs 2 and 3 of subsection B of this section.
3. A student who changes residence within a school district and
who wishes to attend the same school site may be granted an intra -
district transfer if the school district policy gives preferen ce to
such transfers and the student does not meet a basis for denial as
outlined in paragraphs 2 and 3 of subsection B of this section.
Req. No. 10942 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. Any child in the custody of the Department of Human Services
and living in foster care who resides in the home of a nother student
who transfers intra-district may attend the school site to which the
student transferred.
Except for a child in the custody of the Department of Human
Services in foster care, an intra -district transfer student shall
not transfer more than t wo times per school year to other school
sites within the school district wher e the student resides, provided
that the student may always reenroll at any time in his or her
school site of residence.
B. Each school district board of education shall adopt a policy
to determine the number of intra -district transfer students the
school district has the capacity to accept in each grade level for
each school site within a school district no later than July 1,
2024. The policy shall be publicly posted on the sch ool district
website. The policy:
1. Shall include an enrollment preference and reserve capacity
for:
a. students who reside in the school site boundary,
b. students who attended the school site the prior school
year,
c. siblings of students who are alre ady enrolled at the
school site,
Req. No. 10942 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. children of school district employees who wish to
attend a different school site within the school
district, and
e. students who change residence within a school district
and who wish to attend the same school site;
2. May include the acts and reasons outlined in Section 24 -
101.3 of Title 70 of the Oklahoma Statutes this title as a basis for
denial of an intra-district transfer; and
3. May include a history of absences as a basis for denial of
an intra-district transfer. For the purposes of this section,
"history of absences" means ten or more absences in one semester
that are not excused for the reasons provided in subsection B of
Section 10-105 of Title 70 of the Oklahoma Statutes this title or
due to illness.
C. By the first day of January, April, July, and October of
each year, the school di strict board of education shall establish
the number of intra-district transfer students the school district
has the capacity to accept in each grade level for each school site
within the district.
D. After establishing the number of intra -district transfer
students the school district has the capacity to accept in each
grade level for each school site, the board of education shall:
1. Publish in a prominent place on the school district website
the number of intra-district transfer students for each grade level
Req. No. 10942 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
for each school site within the school district which the district
has the capacity to accept; and
2. Report to the State Department of Education the number of
intra-district transfer students for each grade level for each
school site within the school district which the district has the
capacity to accept.
E. 1. Notwithstanding the provisions of this section, school
districts shall allow students who are the dependent c hildren of a
member of the active uniformed military services of the United
States on full-time active duty status, and students who are the
dependent children of a member of the military reserve on active
duty orders, provisional eligibility for intra -district transfers
regardless of capacity. The number of intra-district transfers
specific to military dependents shall be based on two military
dependents per one hundred enrolled students at the elementary
school level, four military dependents per one hun dred students at
the middle school level, and six military dependents at the h igh
school level. Students shall be eligible under this subsection as
outlined in paragraphs 1 and 2 of subsection B of Section 8 -103.1 of
this title.
2. For purposes of this s ubsection:
a. "elementary school" means kindergarten through fifth
grade,
Req. No. 10942 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. "middle school" means sixth grade through eighth
grade, and
c. "high school" means ninth grade through twelfth grade.
SECTION 4. This act shall become effective J uly 1, 2025.
SECTION 5. It being immediately necessary for th e 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 i ts passage and approval.
60-1-10942 SW 01/16/25