Oklahoma 2025 Regular Session

Oklahoma House Bill HB2259 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	SENATE FLOOR VERSION - HB2259 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
	3	+	ENGR. H. B. NO. 2259 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	SENATE FLOOR VERSION
30		-	April 15, 2025
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 2259 By: Miller and Crosswhite Hader
35	30		of the House
36	31
37	32		and
38	33
39	34		Pugh of the Senate
40	35
41	36
42	37
43	38
44	39
	40	+
	41	+
45	42		An Act relating to schools; amending 70 O.S. 2021,
46		-	Section 8-103.1, as amended by Section 1, Chapt er 73,
47		-	O.S.L. 2021, and Section 1, Chapter 368, O.S.L. 2024
48		-	(70 O.S. Supp. 2024, Section 8 -114), which relate to
49		-	school transfers; removing reference to home of
50		-	record for military dependent transfers; removing
51		-	reference to requirement that parents provide certain
52		-	evidence of active duty status for certain transfer
53		-	approvals; prohibiting schools from precluding
54		-	certain transfer students from enrollment prior to
55		-	establishing residency; mandating that intra -district
56		-	transfer students stay in the transferred d istrict
57		-	continuously; clarifying and limiting exceptions for
58		-	continual intra-district transfers; providing
59		-	capacity exception for certain military children's
60		-	intra-district transfers; prescribing number of
61		-	certain post-capacity transfers; defining terms;
62		-	repealing 70 O.S. 2021, Section 8 -103.1, as amended
63		-	by Section 3, Chapter 6, O.S.L. 2021, which relates
64		-	to the transfer of military dependent transfers;
65		-	providing an effective date; and declaring an
66		-	emergency.
	43	+	Section 8-103.1 and Section 1, Chapter 368, O.S.L.
	44	+	2024 (70 O.S. Supp. 2024, Section 8 -114), which
	45	+	relate to school transfers; removing reference to
	46	+	home of record for military dependent transfers;
	47	+	removing reference to requirement that parents
	48	+	provide certain evidence of active duty status for
	49	+	certain transfer approvals; prohibiting schools from
	50	+	precluding certain transfer students from enrollment
	51	+	prior to establishing residency; mandating that
	52	+	intra-district transfer students stay in the
	53	+	transferred district continuously; clarifying and
	54	+	limiting exceptions for continual intra -district
	55	+	transfers; providing capacity exception for certain
	56	+	military children's intra -district transfers;
	57	+	prescribing number of certain post -capacity
	58	+	transfers; defining terms; providing an effective
	59	+	date; and declaring an emergency.
67	60
68	61
69	62
70	63
71	64		BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
	65	+	SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -103.1, is
	66	+	amended to read as follows:
	67	+	Section 8-103.1. A. A local school district board of education
	68	+	which receives a request for a transfer for a student who does not
	69	+	reside in the school district may refuse the transfer in accordance
72	70
73		-	SENATE FLOOR VERSION - HB2259 SFLR Page 2
74		-	(Bold face denotes Committee Amendments) 1
	71	+	ENGR. H. B. NO. 2259 Page 2 1
75	72		2
76	73		3
77	74		4
78	75		5
79	76		6
80	77		7
81	78		8
82	79		9
83	80		10
84	81		11
85	82		12
86	83		13
87	84		14
88	85		15
89	86		16
90	87		17
91	88		18
92	89		19
93	90		20
94	91		21
95	92		22
96	93		23
97	94		24
98	95
99		-	SECTION 1. AMENDATORY 70 O.S. 2021, Section 8 -103.1, as
100		-	amended by Section 1, Chapter 73, O.S.L. 2021, is amended to read as
101		-	follows:
102		-	Section 8-103.1. A. A local school district board of education
103		-	which receives a req uest for a transfer for a student who does not
104		-	reside in the school district may refuse the transfer in accordance
105	96		with the provisions of the open transfer policy adopted by the local
106	97		school district board of education and subject to the provisions of
107	98		subsections B and C of this section. Each loca l board of education
108	99		shall adopt an open transfer policy for the school district which
109	100		specifies its criteria and standards for approval of transfers of
110	101		students who do not reside in the district. The policy shall
111	102		include, but shall not be limited to, pro visions relating to the
112	103		availability of programs, staff, or space as criteria for approval
113	104		or denial of transfers. A school district may include in the policy
114	105		as the basis for denial of a transfer, the reasons outl ined in
115	106		Section 24-101.3 of this title.
116	107		In considering requests for students to transfer into a school
117	108		district, the board of education shall consider the requests on a
118	109		first-come, first-serve basis. A school district shall not accept
119	110		or deny a transfer based on ethnicity, national origin, gende r,
120	111		income level, disabling condition, proficiency in the English
121	112		language, measure of achievement, aptitude, or athletic ability.
	113	+	Notwithstanding the provisions of the Education Open Transfer
	114	+	Act, transfers of child ren with disabilities shall be granted as
	115	+	authorized in Section 13 -103 of this title.
	116	+	B. A local school district board of education shall adopt a
	117	+	policy for the school district regarding the transfer of students
	118	+	who are the dependent children of a member of the active uniformed
	119	+	military services of the United States on full -time active duty
122	120
123		-	SENATE FLOOR VERSION - HB2259 SFLR Page 3
124		-	(Bold face denotes Committee Amendments) 1
	121	+	ENGR. H. B. NO. 2259 Page 3 1
125	122		2
126	123		3
127	124		4
128	125		5
129	126		6
130	127		7
131	128		8
132	129		9
133	130		10
134	131		11
135	132		12
136	133		13
137	134		14
138	135		15
139	136		16
140	137		17
141	138		18
142	139		19
143	140		20
144	141		21
145	142		22
146	143		23
147	144		24
148	145
149		-	Notwithstanding the provisions of t he Education Open Transfer
150		-	Act, transfers of chi ldren with disabilities shall be granted as
151		-	authorized in Section 13 -103 of this title.
152		-	B. A local school district board of education shall adopt a
153		-	policy for the school district regarding the transfer of students
154		-	who are the dependent children of a membe r of the active uniformed
155		-	military services of the United States on full -time active duty
156	146		status and for whom Oklahoma is the home of record and students who
157	147		are the dependent children of a member of the military reserve on
158	148		active duty orders and for whom Oklahoma is the home of record . The
159	149		policy shall provide for the approval of the transfer if:
160	150		1. At least one parent of the student has a Department of
161	151		Defense-issued identification card; and
162	152		2. At least one parent can provide evidence that he or she will
163	153		be on active duty status or active duty orders, meaning the parent
164	154		will be temporarily transferred in compliance with official orders
165	155		to another location in support of combat, contingency operation or a
166	156		natural disaster requiring the use of orders for mor e than thirty
167	157		(30) consecutive days; and
168	158		3. The student will be residing with a relative of the student
169	159		who lives in the receiving school district or who will be living in
170	160		the receiving school district within six (6) months of the filing of
171	161		the application for transfer.
	162	+	C. 1. A student shall b e considered in compliance with the
	163	+	residency provisions of Section 1 -113 of this title if he or she is
	164	+	a student whose parent or legal guardian is transferred or is
	165	+	pending transfer to a military installation withi n the state while
	166	+	on active military duty pursuant to an official military order.
	167	+	2. A school district shall accept applications by electronic
	168	+	means for enrollment including enrollment in a specific school or
172	169
173		-	SENATE FLOOR VERSION - HB2259 SFLR Page 4
174		-	(Bold face denotes Committee Amendments) 1
	170	+	ENGR. H. B. NO. 2259 Page 4 1
175	171		2
176	172		3
177	173		4
178	174		5
179	175		6
180	176		7
181	177		8
182	178		9
183	179		10
184	180		11
185	181		12
186	182		13
187	183		14
188	184		15
189	185		16
190	186		17
191	187		18
192	188		19
193	189		20
194	190		21
195	191		22
196	192		23
197	193		24
198	194
199		-	C. 1. A student shall be considered in compliance with the
200		-	residency provisions of Section 1 -113 of this title if he or she is
201		-	a student whose parent or legal guardian is transferred or is
202		-	pending transfer to a military installation wit hin the state while
203		-	on active military duty pursuant to an official military order.
204		-	2. A school district shall accept applications by electronic
205		-	means for enrollment including enrollment in a specific school or
206	195		program within the school district and course registration for
207	196		students described in pa ragraph 1 of this subsection.
208	197		3. a. A student shall not be precluded from enrollment prior
209	198		to residency as provided in this subsection for any of
210	199		the following:
211	200		(1) having an individualized education program or an
212	201		individualized family service plan under t he
213	202		Individuals with Disabilities Education Act, 29
214	203		U.S.C., Section 1400 et seq.,
215	204		(2) receiving or qualifying for special education
216	205		courses or services, or
217	206		(3) receiving or qualifying for accommodations or
218	207		services under the Rehabilitation Act of 1973, 29
219	208		U.S.C., Section 504.
220	209		b. If the enrolling student is transferring with an
221	210		individualized education program, an individualized
222	211		family service plan, or a Section 504 plan, the
	212	+	district board of education shall take the necessary
	213	+	steps including, but not limite d to, the transfer of
	214	+	records and any prior evaluations, the performance of
	215	+	reevaluations, if necessary, and meetings to ensure
	216	+	that comparable services are in place prior to the
	217	+	student's first day of school in the state.
223	218
224		-	SENATE FLOOR VERSION - HB2259 SFLR Page 5
225		-	(Bold face denotes Committee Amendments) 1
	219	+	ENGR. H. B. NO. 2259 Page 5 1
226	220		2
227	221		3
228	222		4
229	223		5
230	224		6
231	225		7
232	226		8
233	227		9
234	228		10
235	229		11
236	230		12
237	231		13
238	232		14
239	233		15
240	234		16
241	235		17
242	236		18
243	237		19
244	238		20
245	239		21
246	240		22
247	241		23
248	242		24
249	243
250		-	district board of education shall take th e necessary
251		-	steps including, but not limited to, the transfer of
252		-	records and any prior evaluations, the performance of
253		-	reevaluations, if necessary, and meetings to ensure
254		-	that comparable services are in place prior to the
255		-	student's first day of school in t he state.
256	244		4. The parent or legal guardian of a student described in
257	245		paragraph 1 of this subsection shall provide proof of residence in
258	246		the school district within ten (10) days after the published arrival
259	247		date provided on official documentation. A parent or legal guardian
260	248		may use the following add resses as proof of residence:
261	249		a. a temporary on-base billeting facility,
262	250		b. a purchased or leased home or apartment, or
263	251		c. federal government or public -private venture off-base
264	252		military housing.
265	253		D. For purposes of this section:
266	254		1. "Active military duty" means full-time military duty status
267	255		in the active uniformed service of the United States including
268	256		members of the National Guard and Military Reserve on active duty
269	257		orders; and
270	258		2. "Military installation" means a b ase, camp, post, station,
271	259		yard, center, homeport facility for any ship or other installation
272	260		under the jurisdiction of the Department of Defense or the United
273	261		States Coast Guard.
	262	+	SECTION 2. AMENDATORY Section 1, Chapter 368, O.S.L.
	263	+	2024 (70 O.S. Supp. 2024, Section 8 -114), is amended to read as
	264	+	follows:
	265	+	Section 8-114. A. Except as provided in subsection B of this
	266	+	section, beginning July 1, 2024, the transfer of a student from one
	267	+	school site to another school site within the scho ol district where
274	268
275		-	SENATE FLOOR VERSION - HB2259 SFLR Page 6
276		-	(Bold face denotes Committee Amendments) 1
	269	+	ENGR. H. B. NO. 2259 Page 6 1
277	270		2
278	271		3
279	272		4
280	273		5
281	274		6
282	275		7
283	276		8
284	277		9
285	278		10
286	279		11
287	280		12
288	281		13
289	282		14
290	283		15
291	284		16
292	285		17
293	286		18
294	287		19
295	288		20
296	289		21
297	290		22
298	291		23
299	292		24
300	293
301		-	SECTION 2. AMENDATORY Section 1, Chapter 368, O.S .L.
302		-	2024 (70 O.S. Supp. 2024, Section 8 -114), is amended to read as
303		-	follows:
304		-	Section 8-114. A. Except as provided in subsection B of this
305		-	section, beginning July 1, 2024, the transfer of a student from one
306		-	school site to another school site within the sc hool district where
307	294		the student resides sha ll be approved at any time in the year,
308	295		unless the grade level of the receiving school site has reached
309	296		capacity. If the capacity of a grade level is insufficient to
310	297		enroll all eligible students, the school district shall select
311	298		intra-district transfer st udents based on the preferences outlined
312	299		in paragraph 1 of subsection B of this section and then in the order
313	300		in which the intra-district transfer applications were received.
314	301		The school district board of education shall determine the capacity
315	302		of a school site based on its policy adopted pursuant to subsection
316	303		B of this section. A student may be granted a one -year intra-
317	304		district transfer and may shall automatically continue to attend the
318	305		school site where the student transferred each school year with the
319	306		approval of the school district , unless the school district denies
320	307		the continued intra-district transfer for the reasons outlined in
321	308		paragraphs 2 and 3 of subsection B of this section . At the end of
322	309		each school year, a school district may only deny continued intra-
323	310		district transfer of the student for the reasons outlined in
324	311		paragraphs 2 and 3 of subsection B of this section.
	312	+	1. Any sibling of a student who transfers intra -district may
	313	+	attend the school site to which the student transferred if the
	314	+	school district policy gives preference to sibling transfers
	315	+	regardless of capacity and the sibling of the transferred student
	316	+	does not meet a basis for denial as outlined in paragraphs 2 and 3
	317	+	of subsection B of this sectio n.
325	318
326		-	SENATE FLOOR VERSION - HB2259 SFLR Page 7
327		-	(Bold face denotes Committee Amendments) 1
	319	+	ENGR. H. B. NO. 2259 Page 7 1
328	320		2
329	321		3
330	322		4
331	323		5
332	324		6
333	325		7
334	326		8
335	327		9
336	328		10
337	329		11
338	330		12
339	331		13
340	332		14
341	333		15
342	334		16
343	335		17
344	336		18
345	337		19
346	338		20
347	339		21
348	340		22
349	341		23
350	342		24
351	343
352		-	1. Any sibling of a student who transfers intra -district may
353		-	attend the school site to whi ch the student transferred if the
354		-	school district policy gives preference to sibling transfers
355		-	regardless of capacity and the sibling of the transferred student
356		-	does not meet a basis for denial as outlined in paragraphs 2 and 3
357		-	of subsection B of this sect ion.
358	344		2. The child of a school district emp loyee who resides in the
359	345		school district but wishes to attend a different school site within
360	346		the school district where the student resides may be granted an
361	347		intra-district transfer if the school district policy gives
362	348		preference to the transfer of children of school district employees
363	349		and the student does not meet a basis for denial as outlined in
364	350		paragraphs 2 and 3 of subsection B of this section.
365	351		3. A student who changes residence within a school district and
366	352		who wishes to attend the same school site may be granted an intra-
367	353		district transfer if the school district policy gives preference to
368	354		such transfers and the student does not meet a basis for denial as
369	355		outlined in paragraphs 2 and 3 of subsection B of this section.
370	356		4. Any child in the custody of the D epartment of Human Services
371	357		and living in foster care who resides in the home of another student
372	358		who transfers intra-district may attend the school site to which the
373	359		student transferred.
374	360		Except for a child in the cu stody of the Department of Human
375	361		Services in foster care, an intra -district transfer student shall
	362	+	not transfer more than two times per school year to other school
	363	+	sites within the school district where the student resides, provided
	364	+	that the student may always reenroll at any time in his or her
	365	+	school site of residence.
	366	+	B. Each school district board of education shall adopt a policy
	367	+	to determine the number of intra -district transfer students the
376	368
377		-	SENATE FLOOR VERSION - HB2259 SFLR Page 8
378		-	(Bold face denotes Committee Amendments) 1
	369	+	ENGR. H. B. NO. 2259 Page 8 1
379	370		2
380	371		3
381	372		4
382	373		5
383	374		6
384	375		7
385	376		8
386	377		9
387	378		10
388	379		11
389	380		12
390	381		13
391	382		14
392	383		15
393	384		16
394	385		17
395	386		18
396	387		19
397	388		20
398	389		21
399	390		22
400	391		23
401	392		24
402	393
403		-	not transfer more than two times per school year to other school
404		-	sites within the school district where the student resides, provided
405		-	that the student may always reenroll at any time in his or her
406		-	school site of residence.
407		-	B. Each school district board of education shall adopt a policy
408		-	to determine the number of intra -district transfer students the
409	394		school district has the capacity to accept in each grade leve l for
410	395		each school site within a school di strict no later than July 1,
411	396		2024. The policy shall be publicly posted on the school district
412	397		website. The policy:
413	398		1. Shall include an enrollment preference and reserve capacity
414	399		for:
415	400		a. students who reside in the school site boundary,
416	401		b. students who attended the school site the prior school
417	402		year,
418	403		c. siblings of students who are already enrolled at the
419	404		school site,
420	405		d. children of school district employees who wish to
421	406		attend a different school site within the schoo l
422	407		district, and
423	408		e. students who change re sidence within a school district
424	409		and who wish to attend the same school site;
	410	+	2. May include the acts and reasons outlined in Section 24 -
	411	+	101.3 of Title 70 of the Oklahoma Statutes this title as a basis for
	412	+	denial of an intra-district transfer; and
	413	+	3. May include a history of absences as a basis for denial of
	414	+	an intra-district transfer. For the purposes of this section,
	415	+	"history of absences" means ten or more absences in one semester
	416	+	that are not excused for the re asons provided in subsection B of
425	417
426		-	SENATE FLOOR VERSION - HB2259 SFLR Page 9
427		-	(Bold face denotes Committee Amendments) 1
	418	+	ENGR. H. B. NO. 2259 Page 9 1
428	419		2
429	420		3
430	421		4
431	422		5
432	423		6
433	424		7
434	425		8
435	426		9
436	427		10
437	428		11
438	429		12
439	430		13
440	431		14
441	432		15
442	433		16
443	434		17
444	435		18
445	436		19
446	437		20
447	438		21
448	439		22
449	440		23
450	441		24
451	442
452		-	2. May include the acts and reasons outlined in Section 24 -
453		-	101.3 of Title 70 of the Oklahoma Statutes this title as a basis for
454		-	denial of an intra-district transfer; and
455		-	3. May include a history of absences as a basis for denial of
456		-	an intra-district transfer. For the purposes of this section,
457		-	"history of absences" means ten or more absenc es in one semester
458		-	that are not excused for the reasons provided in subsection B of
459	443		Section 10-105 of Title 70 of the Oklahoma Statutes this title or
460	444		due to illness.
461	445		C. By the first day of January, April, July, and October of
462	446		each year, the school district board of education shall establish
463	447		the number of intra-district transfer students the sch ool district
464	448		has the capacity to accept in each grade level for each school site
465	449		within the district.
466	450		D. After establishing the number of intra -district transfer
467	451		students the school district has the capacity to acc ept in each
468	452		grade level for each school s ite, the board of education shall:
469	453		1. Publish in a prominent place on the school district website
470	454		the number of intra-district transfer students for each grade level
471	455		for each school site within the school district which the district
472	456		has the capacity to ac cept; and
473	457		2. Report to the State Department of Education the number of
474	458		intra-district transfer students for each grade level for each
	459	+	school site within the school district which the district has the
	460	+	capacity to accept.
	461	+	E. 1. Notwithstanding the provisi ons of this section, school
	462	+	districts shall allow students who are the dependent children of a
	463	+	member of the active uniformed military services of the United
	464	+	States on full-time active duty status, and students who are the
	465	+	dependent children of a member of the military reserve on active
	466	+	duty orders, provisional eligibility for intra -district transfers
475	467
476		-	SENATE FLOOR VERSION - HB2259 SFLR Page 10
477		-	(Bold face denotes Committee Amendments) 1
	468	+	ENGR. H. B. NO. 2259 Page 10 1
478	469		2
479	470		3
480	471		4
481	472		5
482	473		6
483	474		7
484	475		8
485	476		9
486	477		10
487	478		11
488	479		12
489	480		13
490	481		14
491	482		15
492	483		16
493	484		17
494	485		18
495	486		19
496	487		20
497	488		21
498	489		22
499	490		23
500	491		24
501	492
502		-	school site within the school district which the district has the
503		-	capacity to accept.
504		-	E. 1. Notwithstanding the provisions of this section, school
505		-	districts shall allow students who are the dependent children of a
506		-	member of the active uniformed military services of the United
507		-	States on full-time active duty status, and students wh o are the
508		-	dependent children of a member of the military reserve on active
509		-	duty orders, provisional eligibility for intra -district transfers
510	493		regardless of capacity. The number of intra -district transfers
511	494		specific to military dependents shall be based on two (2) military
512	495		dependents per one hundred (100) enrolled students at the elementary
513	496		school level, four (4) military dependents per one hundred (100)
514	497		students at the middle school level, and six (6) military dependents
515	498		at the high school level. Students shall be eligible under this
516	499		subsection as outlined in paragraphs 1 and 2 of subsection B of
517	500		Section 8-103.1 of this title.
518	501		2. For purposes of this subsection:
519	502		a. "elementary school" means kindergarten through fifth
520	503		grade,
521	504		b. "middle school" means sixth grad e through eighth
522	505		grade, and
523	506		c. "high school" means ninth grade through twelfth grade.
524		-	SECTION 3. REPEALER 70 O.S. 2021, Section 8 -103.1, as
525		-	amended by Section 3, Chapter 6, O.S.L. 2021, is hereby repealed.
	507	+	SECTION 3. This act shall become effective July 1, 2025.
	508	+	SECTION 4. It being immediately necessary for the preservation
	509	+	of the public peace, health or safety, an emergency is he reby
	510	+	declared to exist, by reason whereof this act shall take effect and
	511	+	be in full force from and after its passage and approval.
526	512
527		-	SENATE FLOOR VERSION - HB2259 SFLR Page 11
528		-	(Bold face denotes Committee Amendments) 1
	513	+	ENGR. H. B. NO. 2259 Page 11 1
529	514		2
530	515		3
531	516		4
532	517		5
533	518		6
534	519		7
535	520		8
536	521		9
537	522		10
538	523		11
539	524		12
540	525		13
541	526		14
542	527		15
543	528		16
544	529		17
545	530		18
546	531		19
547	532		20
548	533		21
549	534		22
550	535		23
551	536		24
552	537
553		-	SECTION 4. This act shall become effective July 1, 2025.
554		-	SECTION 5. It being immediately necessary for the preservation
555		-	of the public peace, health or safety, an emergency is hereby
556		-	declared to exist, by reason whereof this act shall take effect and
557		-	be in full force from and after its passage and approval.
558		-	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
559		-	April 15, 2025 - DO PASS AS AMENDED
	538	+	Passed the House of Representatives the 11th day of March, 2025.
	539	+
	540	+
	541	+
	542	+
	543	+	Presiding Officer of the House
	544	+	of Representatives
	545	+
	546	+
	547	+
	548	+	Passed the Senate the ___ day of __________, 2025.
	549	+
	550	+
	551	+
	552	+
	553	+	Presiding Officer of the Senate