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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1159 By: Tedford
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 8-101.2, as amended by Section 1, Chapter
193, O.S.L. 2022, and Section 1, Chapter 368, O.S.L.
2024 (70 O.S. Supp. 2024, Sections 8-101.2 and 8-
114), which relate to student transfers; prohibiting
appeals of certain transfer decisions; clarifying
appealable transfer decisions; describing intra-
district transfer options within adjusted attendance
zones; permitting intra-district transfers for
specialized programs in certain circumstances;
modifying the amount of intra-district transfers per
school year; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 8-101.2, as
amended by Section 1, Chapter 193, O.S.L. 2022 (70 O.S. Supp. 2024,
Section 8-101.2), is amended to read as follows:
Section 8-101.2. A. Except as provided in subsection B of this
section, on and after January 1, 2022, the transfer of a student
from the district in which the student resides to another school
district furnishing instruction in the grade the student is entitled
to pursue shall be granted at any time in the year unless the number
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of transfers exceeds the capacity of a grade level for each school
site within a school district. If the capacity of a grade level for
each school site within a school district is insufficient to enroll
all eligible students, the school district shall select transfer
students in the order in which the district received the student
transfer applications. The capacity of a school district shall be
determined by the school district board of education based on its
policy adopted pursuant to subsection B of this section. A student
may be granted a one-year transfer and may automatically continue to
attend the school each school year to which the student transferred
with the approval of the receiving district. At the end of each
school year, a school district may deny continued transfer of the
student for the reasons outlined in paragraphs 1 and 2 of subsection
B of this section. Any brother or sister of a student who transfers
may attend the school district to which the student transferred, if
the school district policy gives preference to sibling transfers
regardless of capacity, and the brother or sister of the transferred
student does not meet a basis for denial as outlined in paragraphs 1
and 2 of subsection B of this section. Any child in the custody of
the Department of Human Services in foster care who is living in the
home of a student who transfers may attend the school district to
which the student transferred. Except for a child in the custody of
the Department of Human Services in foster care, a transfer student
shall not transfer more than two (2) times per school year to one or
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more school districts in which the student does not reside, provided
that the student may always reenroll at any time in his or her
school district of residence. At the discretion of the receiving
district, a student who has attended a school district as a resident
student for at least three (3) years prior to becoming eligible to
apply as a transfer student may be allowed to transfer to the school
district regardless of capacity.
If the grade a student is entitled to pursue is not offered in
the district where the student resides, the transfer shall be
automatically approved.
B. Each school district board of education shall adopt a policy
to determine the number of transfer students the school district has
the capacity to accept in each grade level for each school site
within a school district no later than January 1, 2022. The policy
may include:
1. The acts and reasons outlined in Section 24-101.3 of this
title as a basis for denial of a transfer; and
2. A history of absences as a basis for denial of a transfer.
For the purposes of this section, "history of absences" means ten or
more absences in one semester that are not excused for the reasons
provided for in subsection B of Section 10-105 of this title or due
to illness.
The policy shall be publicly posted on the school district
website.
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C. By the first day of January, April, July and October, the
school district board of education shall establish the number of
transfer students the school district has the capacity to accept in
each grade level for each school site within a school district.
D. After establishing the number of transfer students the
school district has the capacity to accept in each grade level for
each school site within a school district, the board of education
shall:
1. Publish in a prominent place on the school district website
the number of transfer students for each grade level for each school
site within a school district which the school district has the
capacity to accept; and
2. Report to the State Department of Education the number of
transfer students for each grade level for each school site within a
school district which the school district has the capacity to
accept.
E. If a transfer request is denied by the school district based
on capacities set and approved by the receiving school district's
board of education, the denial shall not be subject to appeal. If
the transfer request is denied based on attendance or discipline,
the parent of the student may appeal the denial within ten (10) days
of notification of the denial to the receiving school district board
of education. The receiving school district board of education
shall consider the appeal at its next regularly scheduled board
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meeting. If the receiving school district board of education denies
the appeal based on attendance or discipline, the parent of the
student may appeal the denial within ten (10) days of notification
of the appeal denial to the State Board of Education, which will
determine whether local school board policy was followed. The
parent shall submit to the State Board of Education and the
superintendent of the receiving school a notice of appeal on a form
prescribed by the State Board of Education. The appeal shall be
considered by the State Board of Education at its next regularly
scheduled meeting, where the parent and a representative from the
receiving school district may address the Board. The State Board of
Education shall promulgate rules to establish the appeals process
authorized by this subsection.
F. Each school district board of education shall submit to the
State Department of Education the number of student transfers
approved and denied and whether each denial was based on capacity,
acts and reasons outlined in Section 24-101.3 of this title or a
history of absences as provided for in paragraph 2 of subsection B
of this section. The State Department of Education shall publish
the data on its website and make the data available to the Office of
Educational Quality and Accountability.
G. Each year, the Office of Educational Quality and
Accountability shall randomly select ten percent (10%) of the school
districts in the state and conduct an audit of each district's
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approved and denied transfers based on the provisions of the
policies adopted by the respective school district board of
education. If the Office finds inaccurate reporting of capacity
levels by a school district, the Office shall set the capacity for
the school district.
SECTION 2. AMENDATORY Section 1, Chapter 368, O.S.L.
2024 (70 O.S. Supp. 2024, Section 8-114), is amended to read as
follows:
Section 8-114. A. Except as provided in subsection B of this
section, beginning July 1, 2024, the transfer of a student from one
school site to another school site within the school district where
the student resides shall be approved at any time in the year,
unless the grade level of the receiving school site has reached
capacity. If the capacity of a grade level is insufficient to
enroll all eligible students, the school district shall select
intra-district transfer students based on the preferences outlined
in paragraph 1 of subsection B of this section and then in the order
in which the intra-district transfer applications were received.
The school district board of education shall determine the capacity
of a school site based on its policy adopted pursuant to subsection
B of this section. A student may be granted a one-year intra-
district transfer and may automatically continue to attend the
school site where the student transferred each school year with the
approval of the school district. Students previously granted an
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intra-district transfer may have the option to continue an intra-
district transfer as they transition to the next school in the
attendance zone pattern. At the end of each school year, a school
district may deny continued intra-district transfer of the student
for the reasons outlined in paragraphs 2 and 3 of subsection B of
this section. Districts may also deny an intra-district transfer
request when the district has adjusted attendance zones for managing
student enrollment.
1. Any sibling of a student who transfers intra-district may
attend the school site to which the student transferred if the
school district policy gives preference to sibling transfers
regardless of capacity and the sibling of the transferred student
does not meet a basis for denial as outlined in paragraphs 2 and 3
of subsection B of this section.
2. The child of a school district employee who resides in the
school district but wishes to attend a different school site within
the school district where the student resides may be granted an
intra-district transfer if the school district policy gives
preference to the transfer of children of school district employees
and the student does not meet a basis for denial as outlined in
paragraphs 2 and 3 of subsection B of this section.
3. A student who changes residence within a school district and
who wishes to attend the same school site may be granted an intra-
district transfer if the school district policy gives preference to
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such transfers and the student does not meet a basis for denial as
outlined in paragraphs 2 and 3 of subsection B of this section.
4. A student may be granted an intra-district transfer to
participate in specialized programs within the district if the
school district policy gives preference to such transfers and the
student does not meet a basis for denial as outlined in paragraphs 2
and 3 of subsection B of this section.
5. Any child in the custody of the Department of Human Services
and living in foster care who resides in the home of another student
who transfers intra-district may attend the school site to which the
student transferred.
Except for a child in the custody of the Department of Human
Services in foster care, an intra-district transfer student shall
not transfer more than two times one time per school year to other
school sites within the school district where the student resides,
provided that the student may always reenroll at any time in his or
her school site of residence.
B. Each school district board of education shall adopt a policy
to determine the number of intra-district transfer students the
school district has the capacity to accept in each grade level for
each school site within a school district no later than July 1,
2024. The policy shall be publicly posted on the school district
website. The policy:
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1. Shall include an enrollment preference and reserve capacity
for:
a. students who reside in the school site boundary,
b. students who attended the school site the prior school
year,
c. siblings of students who are already enrolled at the
school site,
d. children of school district employees who wish to
attend a different school site within the school
district, and
e. students who change residence within a school district
and who wish to attend the same school site;
2. May include the acts and reasons outlined in Section 24-
101.3 of Title 70 of the Oklahoma Statutes as a basis for denial of
an intra-district transfer; and
3. May include a history of absences as a basis for denial of
an intra-district transfer. For the purposes of this section,
"history of absences" means ten or more absences in one semester
that are not excused for the reasons provided in subsection B of
Section 10-105 of Title 70 of the Oklahoma Statutes or due to
illness.
C. By the first day of January, April, July, and October of
each year, the school district board of education shall establish
the number of intra-district transfer students the school district
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has the capacity to accept in each grade level for each school site
within the district.
D. After establishing the number of intra-district transfer
students the school district has the capacity to accept in each
grade level for each school site, the board of education shall:
1. Publish in a prominent place on the school district website
the number of intra-district transfer students for each grade level
for each school site within the school district which the district
has the capacity to accept; and
2. Report to the State Department of Education the number of
intra-district transfer students for each grade level for each
school site within the school district which the district has the
capacity to accept.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-10262 SW 12/12/24