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An Act
ENROLLED HOUSE
BILL NO. 4274 By: Miller of the House
and
Pugh of the Senate
An Act relating to schools; amending 70 O.S. 2021,
Section 8-103.1, as amended by Section 2, Chapter
451, O.S.L. 2025 (70 O.S. Supp. 2025, Section 8-
103.1), which relates to interdistrict transfers;
requiring school districts to accept students of
active duty military families on official orders;
removing district residency requirements for students
of active duty military families; requiring schools
to treat students of military families as in-district
residents for enrollment purposes; providing an
effective date; and declaring an emergency.
SUBJECT: Schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 8-103.1, as
amended by Section 2, Chapter 451, O.S.L. 2025 (70 O.S. Supp. 2025,
Section 8-103.1), 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
availability of programs, staff, or space as criteria for approval
or denial of transfers. A school district may include in the policy
ENR. H. B. NO. 4274 Page 2
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
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 shall be eligible for
admission to the school district of their choice 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. The policy
shall provide for the approval of the transfer if:
1. At Students shall be eligible if at least one parent of the
student has a Department of Defense-issued identification card; and
2. 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.
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.
ENR. H. B. NO. 4274 Page 3
3. Students described in subsection B of this section who
currently reside outside of a district they are transferring to
shall be treated by the receiving district as residing within the
receiving district for purposes of enrollment.
4. 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. 5. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
the school district state 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.
D. For purposes of this section:
ENR. H. B. NO. 4274 Page 4
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 2. This act shall become effective July 1, 2026.
SECTION 3. 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. 4274 Page 5
Passed the House of Representatives the 9th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2026.
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: _________________________________