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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2259 By: Miller
COMMITTEE SUBSTITUTE
An Act relating to schools; amending 70 O.S. 2021,
Section 8-103.1 and Section 1, Chapter 368, O.S.L.
2024 (70 O.S. Supp. 2024, Section 8 -114), which
relate to school transfers; removing reference to
home of record for military dependent transfers;
removing reference to requirement that parents
provide certain evidence of active duty status for
certain transfer approvals; prohibiting schools from
precluding certain 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 OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 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
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with the provisions of the open transfer policy adopted by the local
school district board of education and subject to the provisions o f
subsections B and C of this section. Each local board of education
shall adopt an open transfer policy for the school district which
specifies its criteria and standards for approval of transfers of
students who do not reside in the district. The polic y 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 reas ons outlined in
Section 24-101.3 of this title.
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
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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 official orders
to another location in support of combat, contingency operation or a
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 district 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 installati on within the state while
on active military duty pursuant to an official military order.
2. A school district shall accept applications by electronic
means for enrollment including enrollment in a specific school or
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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 enrollment 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
(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 t ake 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 schoo l in the state.
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4. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
the school district within ten (10) days after the published arrival
date provided on official documentation. A p arent 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
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 2. AMENDATORY Section 1, Chapter 36 8, 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 subsection 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
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the student resides shall be approved at any time in the year,
unless the grade level of the receiving school site has reached
capacity. If the capacity of a grade level is insufficient 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 section and then in the order
in which the intra-district transfer applications were received.
The school district board of ed ucation shall determine the capacity
of a school site based on its policy adopted pursuant to subsection
B of this section. A student may be granted a one -year intra-
district transfer and may shall automatically continue to attend the
school site where th e student transferred each school year with the
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 transfers 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 thi s section.
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2. The child of a school district employee who resides in the
school district but wishes to attend a different school site within
the school district where the student resides may be granted an
intra-district transfer if the school district pol icy gives
preference to the transfer of children of school district employees
and the student does not meet a basis for denial as outlined in
paragraphs 2 and 3 of subsection B of this section.
3. A student who changes residence within a school district a nd
who wishes to attend the same school site may be granted an intra -
district transfer if the school district policy gives preference to
such transfers and the student does not meet a basis for denial as
outlined in paragraphs 2 and 3 of subsection B of th is section.
4. Any child in the custody of the Department of Human Services
and living in foster care who resides in the home of another student
who transfers intra-district may attend the school site to which the
student transferred.
Except for a child i n the custody of the Department of Human
Services in foster care, an intra -district transfer student shall
not transfer more than two times per school year to other school
sites within the school district where 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
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school district has the capacity to accept in each gr ade level for
each school site within a school district no later than July 1,
2024. The policy shall be publicly posted on the school 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 already enrolled at the
school site,
d. children of school district employees who wish to
attend a different school site within t he 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 fo r the reasons provided in subsection B of
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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 district 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 capacit y 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
for each school site within the school d istrict 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 children of a
member of the active uniformed military services of the United
States on full-time active duty status, and stude nts who are the
dependent children of a member of the military reserve on active
duty orders, provisional eligibility for intra -district transfers
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regardless of capacity. The number of intra-district transfers
specific to military dependents shall be base d on two (2) military
dependents per one hundred (100) enrolled students at the elementary
school level, four (4) military dependents per one hundred (100)
students at the middle school level, and six (6) military dependents
at the high 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 subsection:
a. "elementary school" means kindergarten through fifth
grade,
b. "middle school" means sixth grade through eighth
grade, and
c. "high school" means ninth grade through twelfth grade.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. 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 passage and approval.
60-1-12984 AQH 02/26/25