Bill Text For SB0068 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 68                          By: Simpson of the Senate         |
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  |                                         Wolfley of the House          |
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 9|       An Act relating to students; amending 70 O.S. 2011,             |
  |       Section 8-103.1, as amended by Section 2, Chapter               |
10|       285, O.S.L. 2013 (70 O.S. Supp. 2020, Section                   |
  |       8-103.1), which relates to the transfer of students             |
11|       not residing in a district; directing a student to be           |
  |       considered a resident of a district if his or her               |
12|       parent or legal guardian is on certain active duty              |
  |       and subject to certain transfer; directing a school             |
13|       district to accept certain application by electronic            |
  |       means; requiring a parent or legal guardian to                  |
14|       provide certain proof within certain time period;               |
  |       providing for addresses to be used as certain proof;            |
15|       providing definitions; providing an effective date;             |
  |       and declaring an emergency.                                     |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 8-103.1, as    |
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20|amended by Section 2, Chapter 285, O.S.L. 2013 (70 O.S. Supp. 2020,    |
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21|Section 8-103.1), is amended to read as follows:                       |
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22|    Section 8-103.1.  A.  A local school district board of education   |
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23|which receives a request for a transfer for a student who does not     |
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24|reside in the school district may refuse the transfer in accordance    |
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arsid2303466 SB68 HFLR                                             Page 1
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 1|with the provisions of the open transfer policy adopted by the local   |
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 2|school district board of education and subject to the provisions of    |
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 3|subsection subsections B and C of this section.  Each local board of   |
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 4|education shall adopt an open transfer policy for the school           |
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 5|district which specifies its criteria and standards for approval of    |
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 6|transfers of students who do not reside in the district.  The policy   |
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 7|shall include, but shall not be limited to, provisions relating to     |
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 8|the availability of programs, staff, or space as criteria for          |
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 9|approval or denial of transfers.  A school district may include in     |
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10|the policy as the basis for denial of a transfer, the reasons          |
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11|outlined in Section 24-101.3 of this title.                            |
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12|    In considering requests for students to transfer into a school     |
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13|district, the board of education shall consider the requests on a      |
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14|first-come, first-serve basis.  A school district shall not accept     |
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15|or deny a transfer based on ethnicity, national origin, gender,        |
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16|income level, disabling condition, proficiency in the English          |
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17|language, measure of achievement, aptitude, or athletic ability.       |
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18|    Notwithstanding the provisions of the Education Open Transfer      |
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19|Act, transfers of children with disabilities shall be granted as       |
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20|authorized in Section 13-103 of this title.                            |
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21|    B.  A local school district board of education shall adopt a       |
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22|policy for the school district regarding the transfer of students      |
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23|who are the dependent children of a member of the active uniformed     |
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24|military services of the United States on full-time active duty        |
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arsid2303466 SB68 HFLR                                             Page 2
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 1|status and for whom Oklahoma is the home of record and students who    |
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 2|are the dependent children of a member of the military reserve on      |
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 3|active duty orders and for whom Oklahoma is the home of record.  The   |
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 4|policy shall provide for the approval of the transfer if:              |
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 5|    1.  At least one parent of the student has a Department of         |
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 6|Defense-issued identification card;                                    |
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 7|    2.  At least one parent can provide evidence that he or she will   |
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 8|be on active duty status or active duty orders, meaning the parent     |
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 9|will be temporarily transferred in compliance with official orders     |
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10|to another location in support of combat, contingency operation or a   |
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11|natural disaster requiring the use of orders for more than thirty      |
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12|(30) consecutive days; and                                             |
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13|    3.  The student will be residing with a relative of the student    |
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14|who lives in the receiving school district or who will be living in    |
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15|the receiving school district within six (6) months of the filing of   |
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16|the application for transfer.                                          |
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17|    C.  1.  A student shall be considered in compliance with the       |
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18|residency provisions of Section 1-113 of this title if he or she is    |
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19|a student whose parent or legal guardian is transferred or is          |
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20|pending transfer to a military installation within the state while     |
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21|on active military duty pursuant to an official military order.        |
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22|    2.  A school district shall accept applications by electronic      |
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23|means for enrollment including enrollment in a specific school or      |
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arsid2303466 SB68 HFLR                                             Page 3
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 1|program within the school district and course registration for         |
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 2|students described in paragraph 1 of this subsection.                  |
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 3|    3.  The parent or legal guardian of a student described in         |
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 4|paragraph 1 of this subsection shall provide proof of residence in     |
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 5|the school district within ten (10) days after the published arrival   |
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 6|date provided on official documentation.  A parent or legal guardian   |
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 7|may use the following addresses as proof of residence:                 |
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 8|         a.    a temporary on-base billeting facility,                 |
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 9|         b.    a purchased or leased home or apartment, or             |
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10|         c.    federal government or public-private venture off-base   |
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11|              military housing.                                        |
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12|    D.  For purposes of this section:                                  |
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13|    1.  "Active military duty" means full-time military duty status    |
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14|in the active uniformed service of the United States including         |
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15|members of the National Guard and Military Reserve on active duty      |
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16|orders; and                                                            |
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17|    2.  "Military installation" means a base, camp, post, station,     |
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18|yard, center, homeport facility for any ship or other installation     |
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19|under the jurisdiction of the Department of Defense or the United      |
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20|States Coast Guard.                                                    |
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21|    SECTION 2.  This act shall become effective July 1, 2021.          |
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22|    SECTION 3.  It being immediately necessary for the preservation    |
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23|of the public peace, health or safety, an emergency is hereby          |
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arsid2303466 SB68 HFLR                                             Page 4
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 1|declared to exist, by reason whereof this act shall take effect and    |
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 2|be in full force from and after its passage and approval.              |
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 4|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021   |
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arsid2303466 SB68 HFLR                                             Page 5
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