2021 Oklahoma Statutes
Title 70. Schools
§70-8-103.1v1. Transfer of student not residing in district - Criteria and standards - Children of military personnel.
A. A school district board of education which receives a request for a transfer for a student who does not reside in the school district shall not deny the transfer unless the number of requested transfers exceeds the capacity of a grade level for each school site within a school district. If the number of student transfer applications exceeds the capacity of a receiving school district, as determined by subsection A of Section 8-101.2 of this title, the 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 that complies with subsection B of Section 8-101.2 of this title.
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. 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 regardless of the capacity of the district. Students shall be eligible 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.
Added by Laws 1999, c. 320, § 22, eff. July 1, 1999. Amended by Laws 2013, c. 285, § 2, eff. Nov. 1, 2013; Laws 2021, c. 6, § 3, emerg. eff. March 31, 2021.
