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ENGROSSED SENATE
BILL NO. 382 By: Bullard of the Senate
and
Stark of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 1-114, as amended by Section 1, Chapter 258,
O.S.L. 2024 (70 O.S. Supp. 2024, Section 1 -114),
which relates to the right to attend school;
requiring a child to be toilet trained prior to
enrolling in certain grade beginning in certain
school year; requiring a parent or legal guardian to
provide certain assurances on certain form; directing
the State Department of Education to create certain
process; defining term; providing contents of
process; providing exemption for certain students;
updating statutory language; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1 -114, as
amended by Section 1, Chapter 258, O.S.L. 2024 (70 O.S. Supp. 2024,
Section 1-114), is amended to read as follows:
Section 1-114. A. All Except as provided f or in subsection D
of this section, all children between the ages of five (5) years on
or before September 1 and twenty -one (21) years on or before
September 1 shall be entitled to attend school free of charge in the
district in which they reside.
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B. All Except as provided for in subsection D of this section,
all children who are at least four (4) years of age but not more
than five (5) years of age on or before September 1 and who have not
attended a public school kindergarten shall be entitled to attend
half-day or full-day early childhood programs at any public school
in the state where such programs are offered; provided, no child
shall be required to attend any early childhood education program.
The following paragraphs shall govern early childhood pr ograms:
1. Children Except as provided for in subsection D of this
section, children who are at least four (4) years of age but not
more than five (5) years of age on or before September 1 shall be
entitled to attend either half -day or full-day early childhood
programs in their district of residence free of charge as long as
the district has the physical facilities and teaching personnel to
accommodate the child. For purposes of calculation of State Aid,
children in an early childhood education program sh all be included
in the average daily membership of the district providing the
program;
2. A Except as provided for in subsection D of this section, a
child who has not reached the age of five (5) years on or before
September 1 and who resides in a distric t which does not offer an
early childhood program shall be eligible for transfer to a district
where an early childhood program is offered if the district that
offers the early childhood program has the capacity t o accept the
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child as provided for in the E ducation Open Transfer Act. A
district offering early childhood programs may refuse to accept a
nonresident child if the district does not have the capacity to
accommodate the child in an early childhood education class, as
provided for in the Education O pen Transfer Act. If the child
requesting the transfer has not reached the age of four (4) years on
or before September 1, the district may refuse to accept the
nonresident child if the district determines the ch ild is not ready
for an early childhood pro gram. Children who are accepted in a
program outside their district of residence as provided in this
paragraph shall be included in the average daily membership of the
district providing the program for State Aid funding subject to the
State Aid formula weight limitations set forth in paragraph 1 of
this subsection; and
3. The State Board of Education shall promulgate rules that
create exemptions relating to the maximum age at which a child may
attend half-day or full-day early childhood programs.
C. No child shall be enrolled in kindergarten unless he or she
will have reached the age of five (5) years on or before September 1
of the school year. No child shall be enrolled in the first grade
unless he or she will have reached the age of six (6) years on or
before September 1 of the school year.
D. 1. Beginning with the 2025 -2026 school year, a child shall
be toilet trained prior to enrolling in prekindergarten. Upon
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enrolling a child in the district in which he or she resides or
enrolling a child in a district to which he or she transferred in
accordance with the Education Open Transfer Act , a parent or legal
guardian of the child shall provide assurances that the child is
toilet trained on a form prescribed by t he State Department of
Education.
2. The State Department of Education shall create a process for
school districts to follow upon determining that a student who
enrolls in prekindergarten is not toilet trained. For the purposes
of this section, “not toilet trained” means three or more documente d
incidents of the child soiling or urinating himself or herself over
a four-week period. The process shall allow for a school district
to:
a. temporarily unenroll a child until he or she has been
toilet trained and provide for reintegration of the
child once he or she is toilet trained ,
b. refer the child’s parents or legal guardians to family
supports and resources to aid in toilet training , and
c. allow a parent or legal guardian or his or her
designee to aid in toilet training as needed.
3. A student who is incapable of being toilet trained prior to
enrolling in prekindergarten due to a disability that would be
recognized by an individualized education program (IEP) in
accordance with the Individuals with Disabilities Education Act
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(IDEA) or a Section 504 Plan in accordance with the Rehabilitation
Act of 1973 shall be exempt from the provisions of this subsection.
E. 1. No nonresident and nontransferred pupil shall be allowed
to attend school in any school di strict unless a tuition fee equal
to the per capita cost of education for a similar period in such
district during the preceding year has been paid to the receiving
district in advance yearly or by semester as determined by the
district board of education of the receiving district. If the State
Board of Education discovers that the attendance has been allowed
without prior payment of the tuition fee in advance as required, no
further payment of any State Aid funds shall be made to the district
until the district has shown to the satisfaction of the State Board
of Education that all tuition fees have been paid or that the pupil
will no longer be allowed to attend school until the required
tuition fee has been paid.
2. The provisions of paragraph 1 of this subsection shall not
apply to a school distr ict that enrolls nonresident students from a
contiguous, out-of-state school district if the district:
a. does not receive payment of any State Aid funds, and
b. has a per-pupil expenditure, as defined by Section 1-
124 of this title, that is above the stat e average
per-pupil expenditure.
A nonresident student whose resident district, as determined by
Section 1-113 of this title, is not within this state shall not be
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eligible for State Aid. No local funding associated with the
nonresident student’s out-of-state resident district shall be
allocated or transferred to the receiving school district.
E. F. Any parent, legal guardian, person, or institution having
care and custody of a child who pays ad valorem tax on re al property
in any other school district ot her than that in which that person
resides may, with the approval of the receiving school district,
enroll the child in any school district in which ad valorem tax is
paid and receive a credit on the nonresident tuition fee equal to
the amount of the ad va lorem tax paid for school district purposes
in the school district in which the child is enrolled. Provided,
the credit shall not exceed the total amount required for the
tuition payment.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. 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 pa ssage and approval.
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Passed the Senate the 27th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives