Bill Text For HB2074 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 2074                        By: McCall, Boles, Caldwell       |
 2|                                         (Chad), Hilbert, Conley,      |
  |                                         Davis, Hasenbeck, Echols,     |
 3|                                         O'Donnell and West (Tammy)    |
  |                                         of the House                  |
 4|                                                                       |
  |                                         and                           |
 5|                                                                       |
  |                                         Pugh of the Senate            |
 6|                                                                       |
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 7|                                                                       |
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 8|                                                                       |
  |                                                                       |
 9|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Sections 8-101.2, as amended by Section 2, Chapter              |
10|       363, O.S.L. 2015, 8-103, as amended by Section 1,               |
  |       Chapter 184, O.S.L. 2013 and 8-103.1, as amended by             |
11|       Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp.              |
  |       2020, Sections 8-101.2, 8-103 and 8-103.1), which               |
12|       relate to the Education Open Transfer Act; granting             |
  |       student transfer to another school district at any              |
13|       time; providing exception if transfer exceeds certain           |
  |       capacity; directing selection of transfer students if           |
14|       capacity is exceeded; authorizing board of education            |
  |       to determine capacity; allowing transfer student to             |
15|       continue attendance; allowing denial of continued               |
  |       transfer; permitting other children living in the               |
16|       home to transfer districts; prohibiting more than two           |
  |       transfers per school year; providing exception for              |
17|       child in foster care; removing prior transfer                   |
  |       procedures; directing board to adopt policy for                 |
18|       student capacity; setting deadline for adoption of              |
  |       policy; authorizing including certain reasons for               |
19|       denial in policy; mandating posting of policy on                |
  |       district website; requiring determination four times            |
20|       per year for the number of students the district has            |
  |       capacity to accept; directing publication on school             |
21|       district website; requiring submission of certain               |
  |       report to the State Department of Education;                    |
22|       prescribing appeal process for transfer denials;                |
  |       providing for promulgation of rules; directing board            |
23|       of education to submit transfer information to the              |
  |       State Department of Education; requiring certain                |
24|       annual audit of approved and denied transfers;                  |
  |       providing for establishment of capacity if inaccurate           |
arsid16401820 ENGR. H. B. NO. 2074                                 Page 1
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 1|       reporting is found; removing time limitations for               |
  |       transfer applications; requiring certain report of              |
 2|       students granted transfers; removing provisions for             |
  |       cancellation of transfers; requiring enrollment of              |
 3|       transfer students in the order in which applications            |
  |       are received; providing appeal for transfer                     |
 4|       application denial; prohibiting denial of transfer              |
  |       unless certain capacity is exceeded; directing                  |
 5|       admission to district of choice for certain children            |
  |       regardless of capacity; amending 70 O.S. 2011,                  |
 6|       Section 8-113, which relates to transfers for                   |
  |       children of school employees; allowing transfer of              |
 7|       child of school employee without requiring district             |
  |       approval; repealing 70 O.S. 2011, Section 8-104, as             |
 8|       amended by Section 1, Chapter 85, O.S.L. 2013 (70               |
  |       O.S. Supp. 2020, Section 8-104), which relates to               |
 9|       emergency transfers; declaring an emergency; and                |
  |       providing for conditional effect.                               |
10|                                                                       |
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11|                                                                       |
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12|                                                                       |
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13|                                                                       |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 8-101.2, as    |
  |                                                                       |
16|amended by Section 2, Chapter 363, O.S.L. 2015 (70 O.S. Supp. 2020,    |
  |                                                                       |
17|Section 8-101.2), is amended to read as follows:                       |
  |                                                                       |
18|    Section 8-101.2  A.  On Except as provided in subsection B of      |
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19|this section, on and after January 1, 2000 2022, the transfer of a     |
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20|student from the district in which the student resides to another      |
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21|school district furnishing instruction in the grade the student is     |
  |                                                                       |
22|entitled to pursue shall be granted if the transfer has the approval   |
  |                                                                       |
23|of the board of education of the receiving district at any time in     |
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24|the year unless the number of transfers exceeds the capacity of a      |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 2
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 1|grade level for each school site within a school district.  If the     |
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 2|capacity of a grade level for each school site within a school         |
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 3|district is insufficient to enroll all eligible students, the school   |
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 4|district shall select transfer students in the order in which the      |
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 5|district received the student transfer applications.  The capacity     |
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 6|of a school district shall be determined by the school district        |
  |                                                                       |
 7|board of education based on its policy adopted pursuant to             |
  |                                                                       |
 8|subsection B of this section.  A student may be granted a one-year     |
  |                                                                       |
 9|transfer and may continue to attend the school each school year to     |
  |                                                                       |
10|which the student transferred with the approval of the receiving       |
  |                                                                       |
11|district only.  At the end of each school year, a school district      |
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12|may deny continued transfer of the student for the reasons outlined    |
  |                                                                       |
13|in paragraphs 1 and 2 of subsection B of this section.  Any brother    |
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14|or sister of a student granted a transfer and any who transfers may    |
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15|attend the school district to which the student transferred unless     |
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16|the transfer is denied for the reasons outlined in paragraphs 1 and    |
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17|2 of subsection B of this section.  Any child in the custody of the    |
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18|Department of Human Services in foster care who is living in the       |
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19|home of a student granted a transfer who transfers may attend the      |
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20|school district to which the student transferred with the approval     |
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21|of the receiving district only.  Except for a child in the custody     |
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22|of the Department of Human Services in foster care, no student shall   |
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23|be permitted to transfer more than once in any school year a           |
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24|transfer student shall not transfer more than two times per school     |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 3
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 1|year to one or more school districts in which the student does not     |
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 2|reside, provided that the student may always reenroll at any time in   |
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 3|his or her school district of residence.                               |
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 4|    If the grade a student is entitled to pursue is not offered in     |
  |                                                                       |
 5|the district where the student resides, the transfer shall be          |
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 6|automatically approved.                                                |
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 7|    B.  When a student has been transferred and later changes          |
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 8|residence to another school district in the State of Oklahoma, the     |
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 9|student shall be entitled to continue to attend school in the          |
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10|district to which the student was transferred.  If a change of         |
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11|residence is to the district to which the student was transferred,     |
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12|upon affidavit of the parent of the student, that district shall       |
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13|become the resident district.  If a student changes residence to       |
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14|another district during the school year which is not the same          |
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15|district the student transferred to, the student shall be entitled     |
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16|to attend school in either the receiving district or the new           |
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17|district of residence for the remainder of the current year.           |
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18|    C.  Any student transfer approved for any reason prior to          |
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19|January 1, 2000, shall continue to be valid and shall not be subject   |
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20|to the Education Open Transfer Act unless the parent having custody    |
  |                                                                       |
21|chooses otherwise.  Each school district board of education shall      |
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22|adopt a policy to determine the number of transfer students the        |
  |                                                                       |
23|school district has the capacity to accept in each grade level for     |
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24|                                                                       |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 4
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 1|each school site within a school district no later than January 1,     |
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 2|2022.  The policy may include:                                         |
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 3|    1.  The acts and reasons outlined in Section 24-101.3 of this      |
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 4|title as a basis for denial of a transfer; and                         |
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 5|    2.  A history of absences as a basis for denial of a transfer.     |
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 6|For the purposes of this section, "history of absences" means ten      |
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 7|or more absences in one semester that are not excused for the          |
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 8|reasons provided for in subsection B of Section 10-105 of this title   |
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 9|or due to illness.                                                     |
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10|    The policy shall be publicly posted on the school district         |
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11|website.                                                               |
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12|    C.  By the first day of January, April, July and October, the      |
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13|school district board of education shall establish the number of       |
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14|transfer students the school district has the capacity to accept in    |
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15|each grade level for each school site within a school district.        |
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16|    D.  After establishing the number of transfer students the         |
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17|school district has the capacity to accept in each grade level for     |
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18|each school site within a school district, the board of education      |
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19|shall:                                                                 |
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20|    1.  Publish in a prominent place on the school district website    |
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21|the number of transfer students for each grade level for each school   |
  |                                                                       |
22|site within a school district which the school district has the        |
  |                                                                       |
23|capacity to accept; and                                                |
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24|                                                                       |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 5
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 1|    2.  Report to the State Department of Education the number of      |
  |                                                                       |
 2|transfer students for each grade level for each school site within a   |
  |                                                                       |
 3|school district which the school district has the capacity to          |
  |                                                                       |
 4|accept.                                                                |
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 5|    E.  If a transfer request is denied by the school district, the    |
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 6|parent of the student may appeal the denial within ten (10) days of    |
  |                                                                       |
 7|notification of the denial to the receiving school district board of   |
  |                                                                       |
 8|education.  The receiving school district board of education shall     |
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 9|consider the appeal at its next regularly scheduled board meeting.     |
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10|If the receiving school district board of education denies the         |
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11|appeal, the parent of the student may appeal the denial within ten     |
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12|(10) days of notification of the appeal denial to the State Board of   |
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13|Education.  The parent shall submit to the State Board of Education    |
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14|and the superintendent of the receiving school district a notice of    |
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15|appeal on a form prescribed by the State Board of Education.  The      |
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16|appeal shall be considered by the State Board of Education at its      |
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17|next regularly scheduled meeting.  The State Board of Education        |
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18|shall promulgate rules to establish the appeals process authorized     |
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19|by this subsection.                                                    |
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20|    F.  Each school district board of education shall submit to the    |
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21|State Department of Education the number of student transfers          |
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22|approved and denied and whether each denial was based on capacity,     |
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23|acts and reasons outlined in Section 24-101.3 of this title or a       |
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24|history of absences as provided for in paragraph 2 of subsection B     |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 6
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 1|of this section.  The State Department of Education shall publish      |
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 2|the data on its website and make the data available to the Office of   |
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 3|Educational Quality and Accountability.                                |
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 4|    G.  Each year, the Office of Educational Quality and               |
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 5|Accountability shall randomly select ten percent (10%) of the school   |
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 6|districts in the state and conduct an audit of each district's         |
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 7|approved and denied transfers based on the provisions of the           |
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 8|policies adopted by the respective school district board of            |
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 9|education.  If the Office finds inaccurate reporting of capacity       |
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10|levels by a school district, the Office shall set the capacity for     |
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11|the school district.                                                   |
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12|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 8-103, as      |
  |                                                                       |
13|amended by Section 1, Chapter 184, O.S.L. 2013 (70 O.S. Supp. 2020,    |
  |                                                                       |
14|Section 8-103), is amended to read as follows:                         |
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15|    Section 8-103.  A.  In order that any student may be               |
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16|transferred, an application form specified by the State Board of       |
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17|Education must be completed by the parents of the student.  For        |
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18|purposes of the Education Open Transfer Act, the term "parent" means   |
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19|the parent of the student or person having custody of the student as   |
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20|provided for in paragraph 1 of subsection A of Section 1-113 of this   |
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21|title.  The application shall be obtained from and filed with the      |
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22|superintendent of the receiving school district for transfers to       |
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23|school districts in the State of Oklahoma this state and with the      |
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24|State Board of Education for transfers to school districts in          |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 7
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 1|another state.  Except as otherwise provided for in this section,      |
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 2|applications shall be filed no later than May 31 of the school year    |
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 3|preceding the school year for which the transfer is desired.  By May   |
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 4|31 of the same school year, the receiving school district shall        |
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 5|notify the resident school district that an application for transfer   |
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 6|has been filed by a student enrolled in the resident school            |
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 7|district.  The board of education of the receiving school district     |
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 8|shall approve or deny the application for transfer not later than      |
  |                                                                       |
 9|July 15 of the same year and shall notify the parents of the student   |
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10|of the decision.  By August 1 of the same year, the parents of the     |
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11|student shall notify the receiving school district that the student    |
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12|will be enrolling in that school district.  Failure of parents to      |
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13|notify the district as required may result in loss of the student's    |
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14|right to enroll in the district for that year.                         |
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15|    B.  On or before September 1 the first day of January, April,      |
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16|July and October, it shall be the duty of the superintendent of the    |
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17|receiving school district to file with the State Board of Education    |
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18|and each resident district a statement showing the names of the        |
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19|students granted transfers to the school district, the resident        |
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20|school district of the transferred students and their respective       |
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21|grade level.                                                           |
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22|    C.  The receiving school district of a student transferred         |
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23|pursuant to the provisions of this act shall notify the resident       |
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24|school district and parents of the student of a cancellation of the    |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 8
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 1|transfer.  Such notice shall be made by July 15 prior to the school    |
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 2|year for which the cancellation is applicable.                         |
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 3|    D.  For students who are deaf or hearing-impaired who wish to      |
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 4|transfer to a school district with a specialized deaf education        |
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 5|program, applications may be filed at any time during the school       |
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 6|year.  Upon approval of the receiving school district, the The         |
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 7|student may transfer to the receiving school district at any time      |
  |                                                                       |
 8|during the school year.                                                |
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 9|    D.  The school district shall enroll transfer students in the      |
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10|order in which they submit their applications.  If the number of       |
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11|transfer student applications exceeds the capacity of a receiving      |
  |                                                                       |
12|school district, as determined by subsection A of Section 8-101.2 of   |
  |                                                                       |
13|this title, the district shall select transfer students in the order   |
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14|in which the district received the student transfer applications.      |
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15|    E.  If a transfer application is denied based on the receiving     |
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16|school district's open transfer policy adopted pursuant to             |
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17|subsection B of Section 8-101.2 of this title, the parent of the       |
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18|student may appeal the decision as provided for in subsection E of     |
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19|Section 8-101.2 of this title.                                         |
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20|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 8-103.1, as    |
  |                                                                       |
21|amended by Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp. 2020,    |
  |                                                                       |
22|Section 8-103.1), is amended to read as follows:                       |
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23|    Section 8-103.1  A.  A local school district board of education    |
  |                                                                       |
24|which receives a request for a transfer for a student who does not     |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 9
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 1|reside in the school district may refuse shall not deny the transfer   |
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 2|in accordance with the provisions of the open transfer policy          |
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 3|adopted by the local school district board of education and subject    |
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 4|to the provisions of subsection B of this section.  Each local board   |
  |                                                                       |
 5|of education shall adopt an open transfer policy for the school        |
  |                                                                       |
 6|district which specifies its criteria and standards for approval of    |
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 7|transfers of students who do not reside in the district.  The policy   |
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 8|shall include, but shall not be limited to, provisions relating to     |
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 9|the availability of programs, staff, or space as criteria for          |
  |                                                                       |
10|approval or denial of transfers.  A school district may include in     |
  |                                                                       |
11|the policy as the basis for denial of a transfer, the reasons          |
  |                                                                       |
12|outlined in Section 24-101.3 of this title unless the number of        |
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13|requested transfers exceeds the capacity of a grade level for each     |
  |                                                                       |
14|school site within a school district.  If the number of student        |
  |                                                                       |
15|transfer applications exceeds the capacity of a receiving school       |
  |                                                                       |
16|district, as determined by subsection A of Section 8-101.2 of this     |
  |                                                                       |
17|title, the district shall select transfer students in the order in     |
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18|which the district received the student transfer applications.  The    |
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19|capacity of a school district shall be determined by the school        |
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20|district board of education based on its policy that complies with     |
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21|subsection B of Section 8-101.2 of this title.                         |
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22|    In considering requests for students to transfer into a school     |
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23|district, the board of education shall consider the requests on a      |
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24|first-come, first-serve basis.  A school district shall not accept     |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 10
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 1|or deny a transfer based on ethnicity, national origin, gender,        |
  |                                                                       |
 2|income level, disabling condition, proficiency in the English          |
  |                                                                       |
 3|language, measure of achievement, aptitude, or athletic ability.       |
  |                                                                       |
 4|    Notwithstanding the provisions of the Education Open Transfer      |
  |                                                                       |
 5|Act, transfers of children with disabilities shall be granted as       |
  |                                                                       |
 6|authorized in Section 13-103 of this title.                            |
  |                                                                       |
 7|    B.  A local school district board of education shall adopt a       |
  |                                                                       |
 8|policy for the school district regarding the transfer of students      |
  |                                                                       |
 9|Students who are the dependent children of a member of the active      |
  |                                                                       |
10|uniformed military services of the United States on full-time active   |
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11|duty status and for whom Oklahoma is the home of record and students   |
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12|who are the dependent children of a member of the military reserve     |
  |                                                                       |
13|on active duty orders and for whom Oklahoma is the home of record      |
  |                                                                       |
14|shall be eligible for admission to the school district of their        |
  |                                                                       |
15|choice regardless of the capacity of the district.  The policy         |
  |                                                                       |
16|Students shall provide for the approval of the transfer be eligible    |
  |                                                                       |
17|if:                                                                    |
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18|    1.  At least one parent of the student has a Department of         |
  |                                                                       |
19|Defense-issued identification card; and                                |
  |                                                                       |
20|    2.  At least one parent can provide evidence that he or she will   |
  |                                                                       |
21|be on active duty status or active duty orders, meaning the parent     |
  |                                                                       |
22|will be temporarily transferred in compliance with official orders     |
  |                                                                       |
23|to another location in support of combat, contingency operation or a   |
  |                                                                       |
24|                                                                       |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 11
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 1|natural disaster requiring the use of orders for more than thirty      |
  |                                                                       |
 2|(30) consecutive days; and                                             |
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 3|    3.  The student will be residing with a relative of the student    |
  |                                                                       |
 4|who lives in the receiving school district or who will be living in    |
  |                                                                       |
 5|the receiving school district within six (6) months of the filing of   |
  |                                                                       |
 6|the application for transfer.                                          |
  |                                                                       |
 7|    SECTION 4.     AMENDATORY     70 O.S. 2011, Section 8-113, is      |
  |                                                                       |
 8|amended to read as follows:                                            |
  |                                                                       |
 9|    Section 8-113.  A student shall be allowed to transfer to a        |
  |                                                                       |
10|school district in which the parent or legal guardian of the student   |
  |                                                                       |
11|is employed as a teacher, as defined in Section 1-116 of Title 70 of   |
  |                                                                       |
12|the Oklahoma Statutes, upon the approval of the receiving district     |
  |                                                                       |
13|only this title.                                                       |
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14|    SECTION 5.     REPEALER     70 O.S. 2011, Section 8-104, as        |
  |                                                                       |
15|amended by Section 1, Chapter 85, O.S.L. 2013 (70 O.S. Supp. 2020,     |
  |                                                                       |
16|Section 8-104), is hereby repealed.                                    |
  |                                                                       |
17|    SECTION 6.  It being immediately necessary for the preservation    |
  |                                                                       |
18|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
19|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
20|be in full force from and after its passage and approval.              |
  |                                                                       |
21|    SECTION 7.  The provisions of this act shall be contingent upon    |
  |                                                                       |
22|the enactment of the provisions of House Bill No. 2078 of the 1st      |
  |                                                                       |
23|Session of the 58th Oklahoma Legislature and shall not become          |
  |                                                                       |
24|operative as law otherwise.                                            |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 12
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 1|    Passed the House of Representatives the 24th day of February,      |
  |2021.                                                                  |
 2|                                                                       |
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 3|                                                                       |
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 4|                                     Presiding Officer of the House    |
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 6|    Passed the Senate the ___ day of __________, 2021.                 |
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arsid16401820 ENGR. H. B. NO. 2074                                 Page 13
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