1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3386 By: McCall
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5 AS INTRODUCED
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6 An Act relating to schools; requiring school
6 districts to approve intra-district transfer of
7 students; providing an exception if school site has
7 reached capacity; directing selection of intra-
8 district transfer students if capacity is exceeded;
8 authorizing board of education to determine capacity;
9 allowing intra-district transfer student to continue
9 attendance; authorizing denial of continued intra-
10 district transfer; permitting intra-district transfer
10 for certain children residing in a home; directing
11 board to adopt policy for student capacity; setting
11 deadline for adoption of policy; including
12 preferential treatment for certain students in
12 policy; authorizing inclusion of certain reasons for
13 intra-district transfer denial; directing posting of
13 policy on district website; requiring determination
14 of intra-district capacity to be made by the first
14 day of certain months; directing publication on
15 school district website; directing submission of
15 certain report to the State Department of Education;
16 providing for codification; providing an effective
16 date; and declaring an emergency.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 8-114 of Title 70, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. Except as provided in subsection B of this section,
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24 beginning July 1, 2024, the transfer of a student from one school
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 1 site to another school site within the school district where the
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2 student resides shall be approved at any time in the year, unless
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3 the grade level of the receiving school site has reached capacity.
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4 If the capacity of a grade level is insufficient to enroll all
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5 eligible students, the school district shall select intra-district
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6 transfer students based on the preferences outlined in paragraph 1
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7 of subsection B of this section and then in the order in which the
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8 intra-district transfer applications were received. The school
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9 district board of education shall determine the capacity of a school
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10 site based on its policy adopted pursuant to subsection B of this
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11 section. A student may be granted a one-year intra-district
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12 transfer and may automatically continue to attend the school site
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13 where the student transferred each school year with the approval of
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14 the school district. At the end of each school year, a school
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15 district may deny continued intra-district transfer of the student
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16 for the reasons outlined in paragraphs 2 and 3 of subsection B of
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17 this section. Any sibling of a student who transfers intra-district
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18 may attend the school site to which the student transferred, if the
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19 school district policy gives preference to sibling transfers
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20 regardless of capacity, and the sibling of the transferred student
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21 does not meet a basis for denial as outlined in paragraphs 2 and 3
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22 of subsection B of this section. Any child in the custody of the
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23 Department of Human Services and living in foster care who resides
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 1 in the home of another student who transfers intra-district, may
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2 attend the school site to which the student transferred.
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3 B. Each school district board of education shall adopt a policy
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4 to determine the number of intra-district transfer students the
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5 school district has the capacity to accept in each grade level for
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6 each school site within a school district no later than July 1,
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7 2024. The policy shall be publicly posted on the school district
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8 website. The policy:
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9 1. Shall include an enrollment preference and reserve capacity
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10 for:
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11 a. students who reside in the school site boundary,
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12 b. students who attended the school site the prior school
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13 year, and
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14 c. siblings of students who are already enrolled at the
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15 school site;
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16 2. May include the acts and reasons outlined in Section 24-
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17 101.3 of Title 70 of the Oklahoma Statutes as a basis for denial of
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18 an intra-district transfer; and
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19 3. May include a history of absences as a basis for denial of
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20 an intra-district transfer. For the purposes of this section,
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21 "history of absences" means ten or more absences in one semester
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22 that are not excused for the reasons provided in subsection B of
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23 Section 10-105 of Title 70 of the Oklahoma Statutes or due to
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24 illness.
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 1 C. By the first day of January, April, July, and October of
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2 each year, the school district board of education shall establish
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3 the number of intra-district transfer students the school district
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4 has the capacity to accept in each grade level for each school site
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5 within the district.
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6 D. After establishing the number of intra-district transfer
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7 students the school district has the capacity to accept in each
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8 grade level for each school site, the board of education shall:
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9 1. Publish in a prominent place on the school district website
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10 the number of intra-district transfer students for each grade level
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11 for each school site within the school district which the district
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12 has the capacity to accept; and
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13 2. Report to the State Department of Education the number of
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14 intra-district transfer students for each grade level for each
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15 school site within the school district which the district has the
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16 capacity to accept.
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17 SECTION 2. This act shall become effective July 1, 2024.
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18 SECTION 3. It being immediately necessary for the preservation
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19 of the public peace, health or safety, an emergency is hereby
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20 declared to exist, by reason whereof this act shall take effect and
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21 be in full force from and after its passage and approval.
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23 59-2-9220 EK 12/19/23
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