1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3048 By: Boles
3
4
4
5
5
6
6
7 AS INTRODUCED
7
8 An Act relating to schools; amending 70 O.S. 2021,
8 Section 8-101.2, as amended by Section 1, Chapter
9 193, O.S.L. 2022 (70 O.S. Supp. 2023, Section 8-
9 101.2), which relates to the Education Open Transfer
10 Act; modifying criteria for appeals process; and
10 providing an effective date.
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 70 O.S. 2021, Section 8-101.2, as
14
15 amended by Section 1, Chapter 193, O.S.L. 2022 (70 O.S. Supp. 2023,
15
16 Section 8-101.2), is amended to read as follows:
16
17 Section 8-101.2 A. Except as provided in subsection B of this
17
18 section, on and after January 1, 2022, the transfer of a student
18
19 from the district in which the student resides to another school
19
20 district furnishing instruction in the grade the student is entitled
20
21 to pursue shall be granted at any time in the year unless the number
21
22 of transfers exceeds the capacity of a grade level for each school
22
23 site within a school district. If the capacity of a grade level for
23
24 each school site within a school district is insufficient to enroll
24
Req. No. 8597 Page 1
 1 all eligible students, the school district shall select transfer
1
2 students in the order in which the district received the student
2
3 transfer applications. The capacity of a school district shall be
3
4 determined by the school district board of education based on its
4
5 policy adopted pursuant to subsection B of this section. A student
5
6 may be granted a one-year transfer and may automatically continue to
6
7 attend the school each school year to which the student transferred
7
8 with the approval of the receiving district. At the end of each
8
9 school year, a school district may deny continued transfer of the
9
10 student for the reasons outlined in paragraphs 1 and 2 of subsection
10
11 B of this section. Any brother or sister of a student who transfers
11
12 may attend the school district to which the student transferred, if
12
13 the school district policy gives preference to sibling transfers
13
14 regardless of capacity, and the brother or sister of the transferred
14
15 student does not meet a basis for denial as outlined in paragraphs 1
15
16 and 2 of subsection B of this section. Any child in the custody of
16
17 the Department of Human Services in foster care who is living in the
17
18 home of a student who transfers may attend the school district to
18
19 which the student transferred. Except for a child in the custody of
19
20 the Department of Human Services in foster care, a transfer student
20
21 shall not transfer more than two (2) times per school year to one or
21
22 more school districts in which the student does not reside, provided
22
23 that the student may always reenroll at any time in his or her
23
24 school district of residence. At the discretion of the receiving
24
Req. No. 8597 Page 2
 1 district, a student who has attended a school district as a resident
1
2 student for at least three (3) years prior to becoming eligible to
2
3 apply as a transfer student may be allowed to transfer to the school
3
4 district regardless of capacity.
4
5 If the grade a student is entitled to pursue is not offered in
5
6 the district where the student resides, the transfer shall be
6
7 automatically approved.
7
8 B. Each school district board of education shall adopt a policy
8
9 to determine the number of transfer students the school district has
9
10 the capacity to accept in each grade level for each school site
10
11 within a school district no later than January 1, 2022. The policy
11
12 may include:
12
13 1. The acts and reasons outlined in Section 24-101.3 of this
13
14 title as a basis for denial of a transfer; and
14
15 2. A history of absences as a basis for denial of a transfer.
15
16 For the purposes of this section, "history of absences" means ten or
16
17 more absences in one semester that are not excused for the reasons
17
18 provided for in subsection B of Section 10-105 of this title or due
18
19 to illness.
19
20 The policy shall be publicly posted on the school district
20
21 website.
21
22 C. By the first day of January, April, July and October, the
22
23 school district board of education shall establish the number of
23
24
24
Req. No. 8597 Page 3
 1 transfer students the school district has the capacity to accept in
1
2 each grade level for each school site within a school district.
2
3 D. After establishing the number of transfer students the
3
4 school district has the capacity to accept in each grade level for
4
5 each school site within a school district, the board of education
5
6 shall:
6
7 1. Publish in a prominent place on the school district website
7
8 the number of transfer students for each grade level for each school
8
9 site within a school district which the school district has the
9
10 capacity to accept; and
10
11 2. Report to the State Department of Education the number of
11
12 transfer students for each grade level for each school site within a
12
13 school district which the school district has the capacity to
13
14 accept.
14
15 E. If a transfer request is denied by the school district, the
15
16 parent of the student may appeal the denial within ten (10) days of
16
17 notification of the denial to the receiving school district board of
17
18 education. The receiving school district board of education shall
18
19 consider the appeal at its next regularly scheduled board meeting.
19
20 If the receiving school district board of education denies the
20
21 appeal and the denial is not based on the policy of the receiving
21
22 school district as provided in subsection B of this section, the
22
23 parent of the student may appeal the denial within ten (10) days of
23
24 notification of the appeal denial to the State Board of Education.
24
Req. No. 8597 Page 4
 1 The parent shall submit to the State Board of Education and the
1
2 superintendent of the receiving school a notice of appeal on a form
2
3 prescribed by the State Board of Education. The appeal shall be
3
4 considered by the State Board of Education at its next regularly
4
5 scheduled meeting, where the parent and a representative from the
5
6 receiving school district may address the Board. The State Board of
6
7 Education shall promulgate rules to establish the appeals process
7
8 authorized by this subsection.
8
9 F. Each school district board of education shall submit to the
9
10 State Department of Education the number of student transfers
10
11 approved and denied and whether each denial was based on capacity,
11
12 acts and reasons outlined in Section 24-101.3 of this title or a
12
13 history of absences as provided for in paragraph 2 of subsection B
13
14 of this section. The State Department of Education shall publish
14
15 the data on its website and make the data available to the Office of
15
16 Educational Quality and Accountability.
16
17 G. Each year, the Office of Educational Quality and
17
18 Accountability shall randomly select ten percent (10%) of the school
18
19 districts in the state and conduct an audit of each district's
19
20 approved and denied transfers based on the provisions of the
20
21 policies adopted by the respective school district board of
21
22 education. If the Office finds inaccurate reporting of capacity
22
23 levels by a school district, the Office shall set the capacity for
23
24 the school district.
24
Req. No. 8597 Page 5
 1 SECTION 2. This act shall become effective November 1, 2024.
1
2
2
3 59-2-8597 EK 12/01/23
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 8597 Page 6