Open Transfers Update

By Dr. Jeanene Barnett, CCOSA Education Policy and Research Analyst

The CCOSA team and our education partners, listened to our members, and worked with Senators Dwayne Pemberton, R-Muskogee and J.J. Dossett, D-Owasso to address some changes needed in the Open Transfer Law passed in 2021 through SB 783. We hope that HB 3038 (2022) modifies the state's open transfer law in a way that addressed the needs that you identified for your districts and students.

Open Transfer Changes

HB 3038 modifies the open transfer law by:

■ Allowing a district to accept any brother or sister of a transfer student regardless of capacity if the district's policy gives preference to sibling transfers.

■ Allowing a district to accept the transfer of a child whose parent or guardian is a district employee regardless of capacity, if the district transfer policy gives preference to employee's children.

■ Allowing a receiving district to give priority to a student transfer regardless of capacity if the student was a resident student for at least 3 years but moved out of the district.

■ Clarifying that transferred students may automatically continue to attend the school they have transferred to after their first year without the need to reapply.

Open Transfer Website Reporting Requirements

Remember that SB 783 (2021) requires that districts establish capacity numbers by grade level through their district policy. These capacity numbers, as established in your district policy, along with the number of current vacancies at each grade level for each school must be published in a prominent place on the school district website. These numbers should be updated Jan. 1, April 1, July 1 and Oct. 1 each year following discussions with the local Board of Education. [70 O.S. § 8-101.2 (OSCN 2022)]

Districts are not required to publish special education caseload information or numbers since capacity reporting is by site and grade level, not by instructional method or program of instruction.