Current through Vol. 42, No. 1, September 16, 2024
(a)
Definitions. The following
words and terms, when used in this subchapter, shall have the following
meaning, unless the context clearly indicates otherwise:
(1)
"Student" means a student
who is requesting transfer from the district in which the student resides to
another school district furnishing instruction in the grade the student is
entitled to pursue.
(2)
"Parent" means the parent, legal guardian, foster parent, or
person having custody of the student seeking a transfer, whose residence is
used to determine the residence of the student in accordance with the
provisions of 70 O.S. § 1-113(A)(1). For purposes of the Individuals with
Disabilities Education Act at
20 U.S.C. §
1400 et seq. (IDEA), the definition of Parent
set forth in
34 C.F.R.
§
300.30 shall supersede the definition
of Parent set forth in this subsection.
(3)
"Receiving School District"
means a school district to which a Student is seeking to be
transferred.
(4)
"Receiving
Board of Education" means the board of education for the Receiving
School District.
(b)
Appeal to Receiving Board of Education.
(1) If a transfer request made pursuant to 70
O.S. § 8-101.2 is denied by the Receiving School District, the Parent of
the Student may appeal the denial to the Receiving Board of
Education.
(2) The Receiving School
District shall provide notification of denial in writing to the Parent of the
Student by either hand-delivery, by U.S. Mail or electronic mail.
(3) The notification shall include:
(A) An explanation, including but not limited
to any citation to the statute, regulation, or school district policy under
which the denial was made;
(B) A
copy of the policy adopted by the Receiving Board of Education for determining
the number of transfer students the school district has capacity to
accept;
(C) A copy of this
administrative rule; and
(D) The
date upon which the appeal will be due.
(4) A Parent of a Student shall have ten days
to appeal a Receiving School District's denial of a transfer request. If
notification of denial is hand-delivered, the appeal period shall begin the day
after the notification is delivered. If notification of denial is sent by U.S.
Mail, the appeal period shall begin three days after the notification is
mailed. If notification of denial is sent by electronic mail, the appeal period
shall begin the day after the notification is sent. The Receiving Board of
Education shall accept an otherwise untimely appeal if a Parent of a Student
can establish that they did not receive actual notice of the notification
denying the transfer request, and the appeal was submitted within ten days
after the Parent of the Student received actual notice.
(c)
Submission of Appeal to Receiving
Board of Education. An appeal to a Receiving Board of Education shall be
submitted to the office of the superintendent of the Receiving School District.
The appeal shall include the following:
(1)
The name, address and telephone number of the Parent of the Student and the
Student for whom the appeal is being taken;
(2) The date the Receiving School District
gave notice denying the transfer request;
(3) The basis for appealing the decision of
the Receiving School District; and
(4) The name, address and telephone number of
the appellant's legal representative, if applicable. Any documentary evidence
should be attached to the petition for appeal.
(d)
Timeframe for Hearing of Appeal to
Receiving Board of Education. The Receiving Board of Education shall
consider the appeal at its next regularly scheduled board meeting.
(e)
Appeal to State Board of
Education.
(1) If the Receiving Board
of Education denies an appeal of a request to transfer made pursuant to 70 O.S.
§ 8-101.2, the Parent of the Student may appeal the denial to the State
Board of Education.
(2) The
Receiving Board of Education shall provide notification of denial in writing to
the Parent of the Student by either hand-delivery, by U.S. Mail or by
electronic mail.
(3) The
notification shall include:
(A) An
explanation, including but not limited to any citation to the statute,
regulation, or school district policy under which the denial was
made;
(B) A copy of the policy
adopted by the Receiving Board of Education for determining the number of
transfer students the school district has capacity to accept;
(C) A copy of the State Board of Education's
prescribed form for an appeal; and
(D) A copy of this administrative
rule.
(4) A Parent of a
Student shall have ten days to appeal a Receiving Board of Education's denial
of a transfer request. If notification of denial is hand-delivered, the appeal
period shall begin the day after the notification is delivered. If notification
of denial is sent by U.S. Mail, the appeal period shall begin three days after
the notification is mailed. If notification of denial is sent by electronic
mail, the appeal period shall begin the day after the notification is sent. The
State Board of Education shall accept an otherwise untimely appeal if a Parent
of a Student can establish that they did not receive actual notice of the
notification denying the transfer request, and the appeal was submitted within
ten days after the Parent of the Student received actual notice.
(f)
Submission of an Appeal
to the State Board. An appeal to the State Board of Education shall be
submitted to the Executive Secretary of the Board. The Parent of a Student
appealing a transfer denial from a Receiving Board of Education shall use the
form prescribed by the State Board of Education. At the time of submitting an
appeal to the State Board, the appellant must concurrently submit a copy of the
appeal to the superintendent of the Receiving School District that denied the
transfer request. The superintendent shall immediately transmit the appeal to
the Receiving Board of Education.
(g)
Form for Appeal. At a
minimum, the appeal form prescribed by the State Board of Education shall
include the following information:
(1) The
name, address, and telephone number of the Parent of the Student and the
Student for whom the appeal is being taken;
(2) The name of the Receiving Board of
Education against whom the appeal is filed;
(3) The date on which the Parent of the
Student received notification that the Receiving Board of Education denied the
transfer request;
(4) The basis for
appealing the decision of Receiving School Board and statement that any
documentary evidence should be attached to the petition for appeal;
(5) The name, address and telephone number of
the appellant's representative, if applicable;
(6) Notice that the appeal will be considered
by the State Board at the next regularly scheduled meeting, at which the
appellant and school district may appear; and
(7) A signature of the appellant, or
authorized representative.
(h)
Response. Upon receipt of
notice of an appeal, but not later than five (5) days prior to the date at
which the appeal is scheduled to be considered by the State Board of Education,
the Receiving Board of Education may submit a written response to the appeal.
Responses should not exceed five (5) pages. If not submitted by the appealing
Parent, the Receiving Board of Education shall provide a copy of the policy
adopted 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.
(i)
Timeframe for
Hearing Appeal to State Board. Appeals shall be considered by the State
Board of Education at its next regularly scheduled meeting. No later than ten
(10) days from the date of the consideration of the appeal request, the State
Board of Education will provide the appellant and the denying school district
with notice of the time and place of the State Board meeting at which the
appeal will be considered. The appellant and school district will have an
opportunity to appear in person or by authorized representative or by attorney
to address the State Board at the meeting.
(j)
Consideration of Appeal to State
Board of Education. If a Receiving Board of Education has not adopted 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, there shall be a presumption that the receiving school district has
capacity to accept the student requesting transfer. If no policy has been
adopted, the receiving school district board of education shall have the burden
to present evidence demonstrating that capacity does not exist. If a Receiving
Board of Education has not adopted a capacity policy, it may not reject a
transfer request based on:
(1) The acts and
reasons outlined in Section 24-101.3; or
(2) A history of absences.
