An act relating to schools, the official text

1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1159               By: Tedford

4

5

6                   AS INTRODUCED

7   An Act relating to schools; amending 70 O.S. 2021,

    Sections 8-101.2, as amended by Section 1, Chapter

8   193, O.S.L. 2022, and Section 1, Chapter 368, O.S.L.

    2024 (70 O.S. Supp. 2024, Sections 8-101.2 and 8-

9   114), which relate to student transfers; prohibiting

    appeals of certain transfer decisions; clarifying

10  appealable transfer decisions; describing intra-

    district transfer options within adjusted attendance

11  zones; permitting intra-district transfers for

    specialized programs in certain circumstances;

12  modifying the amount of intra-district transfers per

    school year; providing an effective date; and

13  declaring an emergency.

14

15

16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

17  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 8-101.2, as

18 amended by Section 1, Chapter 193, O.S.L. 2022 (70 O.S. Supp. 2024,

19 Section 8-101.2), is amended to read as follows:

20  Section 8-101.2. A. Except as provided in subsection B of this

21 section, on and after January 1, 2022, the transfer of a student

22 from the district in which the student resides to another school

23 district furnishing instruction in the grade the student is entitled

24 to pursue shall be granted at any time in the year unless the number

    Req. No. 10262                                        Page 1
 1 of transfers exceeds the capacity of a grade level for each school
 2 site within a school district. If the capacity of a grade level for
 3 each school site within a school district is insufficient to enroll
 4 all eligible students, the school district shall select transfer
 5 students in the order in which the district received the student
 6 transfer applications. The capacity of a school district shall be
 7 determined by the school district board of education based on its
 8 policy adopted pursuant to subsection B of this section. A student
 9 may be granted a one-year transfer and may automatically continue to
10 attend the school each school year to which the student transferred
11 with the approval of the receiving district. At the end of each
12 school year, a school district may deny continued transfer of the
13 student for the reasons outlined in paragraphs 1 and 2 of subsection
14 B of this section. Any brother or sister of a student who transfers
15 may attend the school district to which the student transferred, if
16 the school district policy gives preference to sibling transfers
17 regardless of capacity, and the brother or sister of the transferred
18 student does not meet a basis for denial as outlined in paragraphs 1
19 and 2 of subsection B of this section. Any child in the custody of
20 the Department of Human Services in foster care who is living in the
21 home of a student who transfers may attend the school district to
22 which the student transferred. Except for a child in the custody of
23 the Department of Human Services in foster care, a transfer student
24 shall not transfer more than two (2) times per school year to one or

Req. No. 10262  Page 2
1 more school districts in which the student does not reside, provided

2 that the student may always reenroll at any time in his or her

3 school district of residence. At the discretion of the receiving

4 district, a student who has attended a school district as a resident

5 student for at least three (3) years prior to becoming eligible to

6 apply as a transfer student may be allowed to transfer to the school

7 district regardless of capacity.

8   If the grade a student is entitled to pursue is not offered in

9 the district where the student resides, the transfer shall be

10 automatically approved.

11  B. Each school district board of education shall adopt a policy

12 to determine the number of transfer students the school district has

13 the capacity to accept in each grade level for each school site

14 within a school district no later than January 1, 2022. The policy

15 may include:

16  1. The acts and reasons outlined in Section 24-101.3 of this

17 title as a basis for denial of a transfer; and

18  2. A history of absences as a basis for denial of a transfer.

19 For the purposes of this section, "history of absences" means ten or

20 more absences in one semester that are not excused for the reasons

21 provided for in subsection B of Section 10-105 of this title or due

22 to illness.

23  The policy shall be publicly posted on the school district

24 website.

    Req. No. 10262                                                  Page 3
1   C. By the first day of January, April, July and October, the

2 school district board of education shall establish the number of

3 transfer students the school district has the capacity to accept in

4 each grade level for each school site within a school district.

5   D. After establishing the number of transfer students the

6 school district has the capacity to accept in each grade level for

7 each school site within a school district, the board of education

8 shall:

9   1. Publish in a prominent place on the school district website

10 the number of transfer students for each grade level for each school

11 site within a school district which the school district has the

12 capacity to accept; and

13  2. Report to the State Department of Education the number of

14 transfer students for each grade level for each school site within a

15 school district which the school district has the capacity to

16 accept.

17  E. If a transfer request is denied by the school district based

18 on capacities set and approved by the receiving school district's

19 board of education, the denial shall not be subject to appeal. If

20 the transfer request is denied based on attendance or discipline,

21 the parent of the student may appeal the denial within ten (10) days

22 of notification of the denial to the receiving school district board

23 of education. The receiving school district board of education

24 shall consider the appeal at its next regularly scheduled board

    Req. No. 10262                                                  Page 4
1 meeting. If the receiving school district board of education denies

2 the appeal based on attendance or discipline, the parent of the

3 student may appeal the denial within ten (10) days of notification

4 of the appeal denial to the State Board of Education, which will

5 determine whether local school board policy was followed. The

6 parent shall submit to the State Board of Education and the

7 superintendent of the receiving school a notice of appeal on a form

8 prescribed by the State Board of Education. The appeal shall be

9 considered by the State Board of Education at its next regularly

10 scheduled meeting, where the parent and a representative from the

11 receiving school district may address the Board. The State Board of

12 Education shall promulgate rules to establish the appeals process

13 authorized by this subsection.

14  F. Each school district board of education shall submit to the

15 State Department of Education the number of student transfers

16 approved and denied and whether each denial was based on capacity,

17 acts and reasons outlined in Section 24-101.3 of this title or a

18 history of absences as provided for in paragraph 2 of subsection B

19 of this section. The State Department of Education shall publish

20 the data on its website and make the data available to the Office of

21 Educational Quality and Accountability.

22  G. Each year, the Office of Educational Quality and

23 Accountability shall randomly select ten percent (10%) of the school

24 districts in the state and conduct an audit of each district's

    Req. No. 10262                                                 Page 5
1 approved and denied transfers based on the provisions of the

2 policies adopted by the respective school district board of

3 education. If the Office finds inaccurate reporting of capacity

4 levels by a school district, the Office shall set the capacity for

5 the school district.

6  SECTION 2.      AMENDATORY  Section 1, Chapter 368, O.S.L.

7 2024 (70 O.S. Supp. 2024, Section 8-114), is amended to read as

8 follows:

9 Section 8-114. A. Except as provided in subsection B of this

10 section, beginning July 1, 2024, the transfer of a student from one

11 school site to another school site within the school district where

12 the student resides shall be approved at any time in the year,

13 unless the grade level of the receiving school site has reached

14 capacity. If the capacity of a grade level is insufficient to

15 enroll all eligible students, the school district shall select

16 intra-district transfer students based on the preferences outlined

17 in paragraph 1 of subsection B of this section and then in the order

18 in which the intra-district transfer applications were received.

19 The school district board of education shall determine the capacity

20 of a school site based on its policy adopted pursuant to subsection

21 B of this section. A student may be granted a one-year intra-

22 district transfer and may automatically continue to attend the

23 school site where the student transferred each school year with the

24 approval of the school district. Students previously granted an

   Req. No. 10262                                                  Page 6
1 intra-district transfer may have the option to continue an intra-

2 district transfer as they transition to the next school in the

3 attendance zone pattern. At the end of each school year, a school

4 district may deny continued intra-district transfer of the student

5 for the reasons outlined in paragraphs 2 and 3 of subsection B of

6 this section. Districts may also deny an intra-district transfer

7 request when the district has adjusted attendance zones for managing

8 student enrollment.

9   1. Any sibling of a student who transfers intra-district may

10 attend the school site to which the student transferred if the

11 school district policy gives preference to sibling transfers

12 regardless of capacity and the sibling of the transferred student

13 does not meet a basis for denial as outlined in paragraphs 2 and 3

14 of subsection B of this section.

15  2. The child of a school district employee who resides in the

16 school district but wishes to attend a different school site within

17 the school district where the student resides may be granted an

18 intra-district transfer if the school district policy gives

19 preference to the transfer of children of school district employees

20 and the student does not meet a basis for denial as outlined in

21 paragraphs 2 and 3 of subsection B of this section.

22  3. A student who changes residence within a school district and

23 who wishes to attend the same school site may be granted an intra-

24 district transfer if the school district policy gives preference to

    Req. No. 10262                                                  Page 7
1 such transfers and the student does not meet a basis for denial as

2 outlined in paragraphs 2 and 3 of subsection B of this section.

3   4. A student may be granted an intra-district transfer to

4 participate in specialized programs within the district if the

5 school district policy gives preference to such transfers and the

6 student does not meet a basis for denial as outlined in paragraphs 2

7 and 3 of subsection B of this section.

8   5. Any child in the custody of the Department of Human Services

9 and living in foster care who resides in the home of another student

10 who transfers intra-district may attend the school site to which the

11 student transferred.

12  Except for a child in the custody of the Department of Human

13 Services in foster care, an intra-district transfer student shall

14 not transfer more than two times one time per school year to other

15 school sites within the school district where the student resides,

16 provided that the student may always reenroll at any time in his or

17 her school site of residence.

18  B. Each school district board of education shall adopt a policy

19 to determine the number of intra-district transfer students the

20 school district has the capacity to accept in each grade level for

21 each school site within a school district no later than July 1,

22 2024. The policy shall be publicly posted on the school district

23 website. The policy:

24

    Req. No. 10262                                                  Page 8
1   1. Shall include an enrollment preference and reserve capacity

2 for:

3            a. students who reside in the school site boundary,

4            b. students who attended the school site the prior school

5            year,

6            c. siblings of students who are already enrolled at the

7            school site,

8            d. children of school district employees who wish to

9            attend a different school site within the school

10           district, and

11           e. students who change residence within a school district

12           and who wish to attend the same school site;

13  2. May include the acts and reasons outlined in Section 24-

14 101.3 of Title 70 of the Oklahoma Statutes as a basis for denial of

15 an intra-district transfer; and

16  3. May include a history of absences as a basis for denial of

17 an intra-district transfer. For the purposes of this section,

18 "history of absences" means ten or more absences in one semester

19 that are not excused for the reasons provided in subsection B of

20 Section 10-105 of Title 70 of the Oklahoma Statutes or due to

21 illness.

22  C. By the first day of January, April, July, and October of

23 each year, the school district board of education shall establish

24 the number of intra-district transfer students the school district

    Req. No. 10262                                                 Page 9
1 has the capacity to accept in each grade level for each school site

2 within the district.

3   D. After establishing the number of intra-district transfer

4 students the school district has the capacity to accept in each

5 grade level for each school site, the board of education shall:

6   1. Publish in a prominent place on the school district website

7 the number of intra-district transfer students for each grade level

8 for each school site within the school district which the district

9 has the capacity to accept; and

10  2. Report to the State Department of Education the number of

11 intra-district transfer students for each grade level for each

12 school site within the school district which the district has the

13 capacity to accept.

14  SECTION 3. This act shall become effective July 1, 2025.

15  SECTION 4. It being immediately necessary for the preservation

16 of the public peace, health or safety, an emergency is hereby

17 declared to exist, by reason whereof this act shall take effect and

18 be in full force from and after its passage and approval.

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20  60-1-10262      SW  12/12/24

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    Req. No. 10262                                                 Page 10