STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 138	By:	Anderson

AS INTRODUCED

An Act relating to student transfers; amending 70 O.S. 2011, Section 8-101.2, which relates to transfer of students from residential school districts; allowing students in certain grades who are in foster care or the custody of the Department of Human Services or the Office of Juvenile Affairs to be eligible to participate in certain activities; 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. 2011, Section 8-101.2, is amended to read as follows:
Section 8-101.2.  A.  On and after January 1, 2000, 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 if the transfer has the approval of the board of education of the receiving district.  A student granted a transfer may continue to attend the school to which the student transferred with the approval of the receiving district only, and any brother or sister of such student may attend such school with the approval of the receiving district only.  No student shall be permitted to transfer more than once in any school year.
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.  When a student has been transferred and later changes residence to another school district in the State of Oklahoma, the student shall be entitled to continue to attend school in the district to which the student was transferred.  If a change of residence is to the district to which the student was transferred, upon affidavit of the parent of the student, that district shall become the resident district.  If a student changes residence to another district during the school year which is not the same district the student transferred to, the student shall be entitled to attend school in either the receiving district or the new district of residence for the remainder of the current year.
C.  Any student transfer approved for any reason prior to January 1, 2000, shall continue to be valid and shall not be subject to the Education Open Transfer Act unless the parent having custody chooses otherwise.
D.  The Oklahoma Legislature recognizes the positive impact that participation in extracurricular activities can have on academic achievement; therefore, a student in grades nine through twelve who is in foster care or in the custody of the Department of Human Services or the Office of Juvenile Affairs who changes residence into a public or private receiving district pursuant to a court order or decision of a child welfare worker shall be immediately deemed to meet all residency requirements in the receiving district for participation in varsity athletics or other extracurricular activities in the receiving district.
SECTION 2.  This act shall become effective July 1, 2013.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and 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.

54-1-577	EB	1/7/2013 2:12:58 PM