Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 382 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 1-114, as amended by Section 1, Chapter 258,
8 O.S.L. 2024 (70 O.S. Supp. 2024, Section 1-114),
8 which relates to the right to attend school;
9 requiring a child to be toilet trained prior to
9 enrolling in certain grade beginning in certain
10 school year; requiring a parent or legal guardian to
10 provide certain assurances on certain form; directing
11 the State Department of Education to create certain
11 process; defining term; providing contents of
12 process; providing exemption for certain students;
12 updating statutory language; providing an effective
13 date; and declaring an emergency.
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1 6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-114, as
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1 8 amended by Section 1, Chapter 258, O.S.L. 2024 (70 O.S. Supp. 2024,
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1 9 Section 1-114), is amended to read as follows:
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20 Section 1-114. A. All Except as provided for in subsection D
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2 1 of this section, all children between the ages of five (5) years on
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2 2 or before September 1 and twenty-one (21) years on or before
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2 3 September 1 shall be entitled to attend school free of charge in the
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2 4 district in which they reside.
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1 B. All Except as provided for in subsection D of this section,
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2 all children who are at least four (4) years of age but not more
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3 than five (5) years of age on or before September 1 and who have not
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4 attended a public school kindergarten shall be entitled to attend
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5 half-day or full-day early childhood programs at any public school
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6 in the state where such programs are offered; provided, no child
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7 shall be required to attend any early childhood education program.
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8 The following paragraphs shall govern early childhood programs:
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9 1. Children Except as provided for in subsection D of this
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1 0 section, children who are at least four (4) years of age but not
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1 1 more than five (5) years of age on or before September 1 shall be
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1 2 entitled to attend either half-day or full-day early childhood
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1 3 programs in their district of residence free of charge as long as
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1 4 the district has the physical facilities and teaching personnel to
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1 5 accommodate the child. For purposes of calculation of State Aid,
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1 6 children in an early childhood education program shall be included
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1 7 in the average daily membership of the district providing the
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1 8 program;
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19 2. A Except as provided for in subsection D of this section, a
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2 0 child who has not reached the age of five (5) years on or before
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2 1 September 1 and who resides in a district which does not offer an
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2 2 early childhood program shall be eligible for transfer to a district
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2 3 where an early childhood program is offered if the district that
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2 4 offers the early childhood program has the capacity to accept the
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1 child as provided for in the Education Open Transfer Act. A
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2 district offering early childhood programs may refuse to accept a
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3 nonresident child if the district does not have the capacity to
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4 accommodate the child in an early childhood education class, as
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5 provided for in the Education Open Transfer Act. If the child
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6 requesting the transfer has not reached the age of four (4) years on
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7 or before September 1, the district may refuse to accept the
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8 nonresident child if the district determines the child is not ready
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9 for an early childhood program. Children who are accepted in a
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1 0 program outside their district of residence as provided in this
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1 1 paragraph shall be included in the average daily membership of the
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1 2 district providing the program for State Aid funding subject to the
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1 3 State Aid formula weight limitations set forth in paragraph 1 of
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1 4 this subsection; and
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15 3. The State Board of Education shall promulgate rules that
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1 6 create exemptions relating to the maximum age at which a child may
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1 7 attend half-day or full-day early childhood programs.
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18 C. No child shall be enrolled in kindergarten unless he or she
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1 9 will have reached the age of five (5) years on or before September 1
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2 0 of the school year. No child shall be enrolled in the first grade
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2 1 unless he or she will have reached the age of six (6) years on or
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2 2 before September 1 of the school year.
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23 D. 1. Beginning with the 2025-2026 school year, a child shall
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2 4 be toilet trained prior to enrolling in prekindergarten. Upon
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1 enrolling a child in the district in which he or she resides or
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2 enrolling a child in a district to which he or she transferred in
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3 accordance with the Education Open Transfer Act, a parent or legal
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4 guardian of the child shall provide assurances that the child is
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5 toilet trained on a form prescribed by the State Department of
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6 Education.
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7 2. The State Department of Education shall create a process for
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8 school districts to follow upon determining that a student who
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9 enrolls in prekindergarten is not toilet trained. For the purposes
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1 0 of this section, "not toilet trained" means three or more documented
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1 1 incidents of the child soiling or urinating himself or herself over
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1 2 a four-week period. The process shall allow for a school district
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1 3 to:
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14 a. temporarily unenroll a child until he or she has been
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15 toilet trained and provide for reintegration of the
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16 child once he or she is toilet trained,
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17 b. refer the child's parents or legal guardians to family
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18 supports and resources to aid in toilet training, and
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19 c. allow a parent or legal guardian or his or her
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20 designee to aid in toilet training as needed.
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21 3. A student who is incapable of being toilet trained prior to
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2 2 enrolling in prekindergarten due to a disability that would be
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2 3 recognized by an individualized education program (IEP) in
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2 4 accordance with the Individuals with Disabilities Education Act
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1 (IDEA) or a Section 504 Plan in accordance with the Rehabilitation
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2 Act of 1973 shall be exempt from the provisions of this subsection.
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3 E. 1. No nonresident and nontransferred pupil shall be allowed
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4 to attend school in any school district unless a tuition fee equal
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5 to the per capita cost of education for a similar period in such
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6 district during the preceding year has been paid to the receiving
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7 district in advance yearly or by semester as determined by the
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8 district board of education of the receiving district. If the State
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9 Board of Education discovers that the attendance has been allowed
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1 0 without prior payment of the tuition fee in advance as required, no
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1 1 further payment of any State Aid funds shall be made to the district
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1 2 until the district has shown to the satisfaction of the State Board
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1 3 of Education that all tuition fees have been paid or that the pupil
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1 4 will no longer be allowed to attend school until the required
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1 5 tuition fee has been paid.
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16 2. The provisions of paragraph 1 of this subsection shall not
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1 7 apply to a school district that enrolls nonresident students from a
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1 8 contiguous, out-of-state school district if the district:
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19 a. does not receive payment of any State Aid funds, and
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20 b. has a per-pupil expenditure, as defined by Section 1-
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21 124 of this title, that is above the state average
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22 per-pupil expenditure.
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23 A nonresident student whose resident district, as determined by
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2 4 Section 1-113 of this title, is not within this state shall not be
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1 eligible for State Aid. No local funding associated with the
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2 nonresident student's out-of-state resident district shall be
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3 allocated or transferred to the receiving school district.
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4 E. F. Any parent, legal guardian, person, or institution having
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5 care and custody of a child who pays ad valorem tax on real property
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6 in any other school district other than that in which that person
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7 resides may, with the approval of the receiving school district,
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8 enroll the child in any school district in which ad valorem tax is
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9 paid and receive a credit on the nonresident tuition fee equal to
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1 0 the amount of the ad valorem tax paid for school district purposes
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1 1 in the school district in which the child is enrolled. Provided,
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1 2 the credit shall not exceed the total amount required for the
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1 3 tuition payment.
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14 SECTION 2. This act shall become effective July 1, 2025.
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15 SECTION 3. It being immediately necessary for the preservation
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1 6 of the public peace, health, or safety, an emergency is hereby
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1 7 declared to exist, by reason whereof this act shall take effect and
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1 8 be in full force from and after its passage and approval.
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Req. No. 1 Page 6Every fact on this page links to its source, starting with the official bill record.