1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1651 By: Pederson
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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, which relates to free attendance of
8 public schools; updating statutory language regarding
8 student transfers pursuant to certain act; exempting
9 from certain tuition fee requirement school districts
9 that enroll certain students, do not receive certain
10 funds, and have certain per-pupil expenditure;
10 prohibiting certain students from being eligible for
11 State Aid; prohibiting allocation or transfer of
11 certain local funding; providing an effective date;
12 and declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-114, is
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17 amended to read as follows:
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18 Section 1-114. A. All children between the ages of five (5)
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19 years on or before September 1, and twenty-one (21) years on or
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20 before September 1, shall be entitled to attend school free of
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21 charge in the district in which they reside.
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22 B. All children who are at least four (4) years of age but not
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23 more than five (5) years of age on or before September 1 and who
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24 have not attended a public school kindergarten shall be entitled to
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 1 attend half-day or full-day early childhood programs at any public
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2 school in the state where such programs are offered; provided, no
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3 child shall be required to attend any early childhood education
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4 program. The following paragraphs shall govern early childhood
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5 programs:
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6 1. Children who are at least four (4) years of age but not more
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7 than five (5) years of age on or before September 1 shall be
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8 entitled to attend either half-day or full-day early childhood
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9 programs in their district of residence free of charge as long as
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10 the district has the physical facilities and teaching personnel to
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11 accommodate the child. For purposes of calculation of State Aid,
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12 children in an early childhood education program shall be included
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13 in the average daily membership of the district providing the
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14 program;
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15 2. A child who has not reached the age of five (5) years on or
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16 before September 1 and who resides in a district which does not
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17 offer an early childhood program shall be eligible for transfer to a
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18 district where an early childhood program is offered if the district
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19 that offers the early childhood program agrees to the transfer has
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20 the capacity to accept the child as provided for in the Education
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21 Open Transfer Act. A district offering early childhood programs may
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22 refuse to accept a nonresident child if the district does not have
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23 the physical facilities or teaching personnel the capacity to
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24 accommodate the child in an early childhood education class, as
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 1 provided for in the Education Open Transfer Act. If the child
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2 requesting the transfer has not reached the age of four (4) years on
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3 or before September 1, the district may refuse to accept the
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4 nonresident child if the district determines the child is not ready
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5 for an early childhood program. Children who are accepted in a
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6 program outside their district of residence as provided in this
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7 paragraph shall be included in the average daily membership of the
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8 district providing the program for State Aid funding subject to the
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9 State Aid formula weight limitations set forth in paragraph 1 of
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10 this subsection; and
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11 3. The State Board of Education shall promulgate rules that
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12 create exemptions relating to the maximum age at which a child may
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13 attend half-day or full-day early childhood programs.
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14 C. No child shall be enrolled in kindergarten unless he or she
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15 will have reached the age of five (5) years on or before September 1
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16 of the school year. No child shall be enrolled in the first grade
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17 unless he or she will have reached the age of six (6) years on or
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18 before September 1 of the school year.
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19 D. 1. No nonresident and nontransferred pupil shall be allowed
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20 to attend school in any school district unless a tuition fee equal
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21 to the per capita cost of education for a similar period in such
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22 district during the preceding year has been paid to the receiving
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23 district in advance yearly or by semester as determined by the
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24 district board of education of the receiving district. If the State
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 1 Board of Education discovers that such the attendance has been
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2 allowed without prior payment of the tuition fee in advance as
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3 required, no further payment of any State Aid Funds funds shall be
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4 made to the district until such the district has shown to the
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5 satisfaction of the State Board of Education that all such tuition
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6 fees have been paid or that such tuition the pupil will no longer be
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7 allowed to attend school until the required tuition fee has been
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8 paid.
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9 2. The provisions of paragraph 1 of this subsection shall not
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10 apply to a school district that enrolls nonresident students from a
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11 contiguous, out-of-state school district if the district:
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12 a. does not receive payment of any State Aid funds, and
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13 b. has a per-pupil expenditure, as defined by Section 1-
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14 124 of this title, that is above the state average
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15 per-pupil expenditure.
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16 A nonresident student whose resident district, as determined by
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17 Section 1-113 of this title, is not within this state shall not be
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18 eligible for State Aid. No local funding associated with the
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19 nonresident student’s out-of-state resident district shall be
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20 allocated or transferred to the receiving school district.
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21 E. Any parent, guardian, person, or institution having care and
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22 custody of a child who pays ad valorem tax on real property in any
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23 other school district other than that in which that person resides
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24 may, with the approval of the receiving board school district,
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 1 enroll the child in any school district in which ad valorem tax is
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2 paid and receive a credit on the nonresident tuition fee equal to
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3 the amount of the ad valorem tax paid for school district purposes
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4 in the school district in which the child is enrolled. Provided,
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5 the credit shall not exceed the total amount required for the
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6 tuition payment.
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7 SECTION 2. This act shall become effective July 1, 2024.
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8 SECTION 3. It being immediately necessary for the preservation
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9 of the public peace, health, or safety, an emergency is hereby
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10 declared to exist, by reason whereof this act shall take effect and
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11 be in full force from and after its passage and approval.
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13 59-2-2947 EB 1/16/2024 11:41:23 AM
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