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An Act
ENROLLED HOUSE
BILL NO. 2259 By: Miller and Crosswhite Hader
of the House
and
Pugh of the Senate
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, 8-103.1, as amended by Section 1,
Chapter 73, O.S.L. 2021, and Section 1, Chapter 368,
O.S.L. 2024 (70 O.S. Supp. 2024, Sections 8-101.2, 8-
103.1, and 8-114), which relate to school transfers;
mandating that inter-district transfer students stay
in the transferred district continuously; clarifying
and limiting exceptions for continual inter-district
transfers; removing reference to home of record for
military dependent transfers; removing reference to
requirement that parents provide certain evidence of
active duty status for certain transfer approvals;
prohibiting schools from precluding certain transfer
students from enrollment prior to establishing
residency; mandating that intra-district transfer
students stay in the transferred district
continuously; clarifying and limiting exceptions for
continual intra-district transfers; providing
capacity exception for certain military children's
intra-district transfers; prescribing number of
certain post-capacity transfers; defining terms;
repealing 70 O.S. 2021, Section 8-103.1, as amended
by Section 3, Chapter 6, O.S.L. 2021, which relates
to the transfer of military dependent transfers;
providing an effective date; and declaring an
emergency.
SUBJECT: Schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENR. H. B. NO. 2259 Page 2
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
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 shall automatically
continue to attend the school each school year to which the student
transferred with the approval of the receiving district, unless the
school district denies the continued transfer for the reasons
outlined in paragraphs 1 and 2 of subsection B of this section. At
the end of each school year, a school district may only 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 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.
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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.
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, 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
ENR. H. B. NO. 2259 Page 4
education. The receiving school district board of education shall
consider the appeal at its next regularly scheduled board meeting.
If the receiving school district board of education denies the
appeal, 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. 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
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 70 O.S. 2021, Section 8-103.1v2,
as amended by Section 1, Chapter 73, O.S.L. 2021, is amended to read
as follows:
Section 8-103.1. A. A local school district board of education
which receives a request for a transfer for a student who does not
reside in the school district may refuse the transfer in accordance
with the provisions of the open transfer policy adopted by the local
school district board of education and subject to the provisions of
subsections B and C of this section. Each local board of education
shall adopt an open transfer policy for the school district which
specifies its criteria and standards for approval of transfers of
students who do not reside in the district. The policy shall
include, but shall not be limited to, provisions relating to the
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availability of programs, staff, or space as criteria for approval
or denial of transfers. A school district may include in the policy
as the basis for denial of a transfer, the reasons outlined in
Section 24-101.3 of this title.
In considering requests for students to transfer into a school
district, the board of education shall consider the requests on a
first-come, first-serve basis. A school district shall not accept
or deny a transfer based on ethnicity, national origin, gender,
income level, disabling condition, proficiency in the English
language, measure of achievement, aptitude, or athletic ability.
Notwithstanding the provisions of the Education Open Transfer
Act, transfers of children with disabilities shall be granted as
authorized in Section 13-103 of this title.
B. A local school district board of education shall adopt a
policy for the school district regarding the transfer of students
who are the dependent children of a member of the active uniformed
military services of the United States on full-time active duty
status and for whom Oklahoma is the home of record and students who
are the dependent children of a member of the military reserve on
active duty orders and for whom Oklahoma is the home of record. The
policy shall provide for the approval of the transfer if:
1. At least one parent of the student has a Department of
Defense-issued identification card; and
2. At least one parent can provide evidence that he or she will
be on active duty status or active duty orders, meaning the parent
will be temporarily transferred in compliance with official orders
to another location in support of combat, contingency operation or a
natural disaster requiring the use of orders for more than thirty
(30) consecutive days; and
3. The student will be residing with a relative of the student
who lives in the receiving school district or who will be living in
the receiving school district within six (6) months of the filing of
the application for transfer.
C. 1. A student shall be considered in compliance with the
residency provisions of Section 1-113 of this title if he or she is
a student whose parent or legal guardian is transferred or is
pending transfer to a military installation within the state while
on active military duty pursuant to an official military order.
ENR. H. B. NO. 2259 Page 6
2. A school district shall accept applications by electronic
means for enrollment including enrollment in a specific school or
program within the school district and course registration for
students described in paragraph 1 of this subsection.
3. a. A student shall not be precluded from enrollment prior
to residency as provided in this subsection for any of
the following:
(1) having an individualized education program or an
individualized family service plan under the
Individuals with Disabilities Education Act, 29
U.S.C., Section 1400 et seq.,
(2) receiving or qualifying for special education
courses or services, or
(3) receiving or qualifying for accommodations or
services under the Rehabilitation Act of 1973, 29
U.S.C., Section 504.
b. If the enrolling student is transferring with an
individualized education program, an individualized
family service plan, or a Section 504 plan, the
district board of education shall take the necessary
steps including, but not limited to, the transfer of
records and any prior evaluations, the performance of
reevaluations, if necessary, and meetings to ensure
that comparable services are in place prior to the
student's first day of school in the state.
4. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
the school district within ten (10) days after the published arrival
date provided on official documentation. A parent or legal guardian
may use the following addresses as proof of residence:
a. a temporary on-base billeting facility,
b. a purchased or leased home or apartment, or
c. federal government or public-private venture off-base
military housing.
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D. For purposes of this section:
1. "Active military duty" means full-time military duty status
in the active uniformed service of the United States including
members of the National Guard and Military Reserve on active duty
orders; and
2. "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship or other installation
under the jurisdiction of the Department of Defense or the United
States Coast Guard.
SECTION 3. 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 shall automatically continue to attend the
school site where the student transferred each school year with the
approval of the school district, unless the school district denies
the continued intra-district transfer for the reasons outlined in
paragraphs 2 and 3 of subsection B of this section. At the end of
each school year, a school district may only deny continued intra-
district transfer of the student for the reasons outlined in
paragraphs 2 and 3 of subsection B of this section.
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.
ENR. H. B. NO. 2259 Page 8
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
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. 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 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:
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,
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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 this title 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 this title 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
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.
E. 1. Notwithstanding the provisions of this section, school
districts shall allow students who are the dependent children of a
member of the active uniformed military services of the United
States on full-time active duty status, and students who are the
dependent children of a member of the military reserve on active
duty orders, provisional eligibility for intra-district transfers
regardless of capacity. The number of intra-district transfers
ENR. H. B. NO. 2259 Page 10
specific to military dependents shall be based on two (2) military
dependents per one hundred (100) enrolled students at the elementary
school level, four (4) military dependents per one hundred (100)
students at the middle school level, and six (6) military dependents
at the high school level. Students shall be eligible under this
subsection as outlined in paragraphs 1 and 2 of subsection B of
Section 8-103.1 of this title.
2. For purposes of this subsection:
a. "elementary school" means kindergarten through fifth
grade,
b. "middle school" means sixth grade through eighth
grade, and
c. "high school" means ninth grade through twelfth grade.
SECTION 4. REPEALER 70 O.S. 2021, Section 8-103.1, as
amended by Section 3, Chapter 6, O.S.L. 2021, is hereby repealed.
SECTION 5. This act shall become effective July 1, 2025.
SECTION 6. 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.
ENR. H. B. NO. 2259 Page 11
Passed the House of Representatives the 21st day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________