2023 Oklahoma Statutes
Title 70. Schools
§70-3-140. Student eligibility — Districts — Preferences — Transfers — Discrimination.

A. A charter school with a brick-and-mortar school site or sites shall enroll those students whose legal residence is within the boundaries of the school district in which the charter school is located and who submit a timely application, or those students who transfer to the charter school in accordance with the Education Open Transfer Act, unless the number of applications exceeds the capacity of a program, class, grade level, or building. Students who reside in a school district where a charter school is located shall not be required to obtain a transfer in order to attend a charter school in the school district of residence. If capacity is insufficient to enroll all eligible students, the charter school shall select students through a lottery selection process. A charter school shall give enrollment preference to eligible students who reside within the boundaries of the school district in which the charter school is located and who attend a school site that has been identified as in need of improvement by the State Board of Education pursuant to the Elementary and Secondary Education Act of 1965, as amended or reauthorized. A charter school may limit admission to students within a given age group or grade level. A charter school sponsored by the Statewide Charter School Board when the applicant of the charter school is the Office of Juvenile Affairs shall limit admission to youth that are in the custody or supervision of the Office of Juvenile Affairs.

B. A brick-and-mortar charter school shall admit students who reside in the attendance area of a school or in a school district that is under a court order of desegregation or that is a party to an agreement with the United States Department of Education Office for Civil Rights directed towards mediating alleged or proven racial discrimination unless notice is received from the resident school district that admission of the student would violate the court order or agreement.

C. A brick-and-mortar charter school may designate a specific geographic area within the school district in which the charter school is located as an academic enterprise zone and may limit admissions to students who reside within that area. An academic enterprise zone shall be a geographic area in which sixty percent (60%) or more of the children who reside in the area qualify for the free or reduced school lunch program.

D. Except as provided in subsections B and C of this section, a charter school or virtual charter school shall not limit admission based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language, measures of achievement, aptitude, or athletic ability.

E. A sponsor of a charter school shall not restrict the number of students a charter school may enroll, and the Statewide Charter School Board shall not restrict the number of students a virtual charter school or charter school may enroll. The capacity of a charter school or virtual charter school shall be determined quarterly by the governing board of the charter school or virtual charter school pursuant to the provisions of the Education Open Transfer Act.

F. Beginning July 1, 2024, each statewide virtual charter school which has been approved and sponsored by the Statewide Charter School Board or any virtual charter school for which the Board has assumed sponsorship as provided for in Section 1 of this act shall be considered a statewide virtual charter school and the geographic boundaries of each statewide virtual charter school shall be the borders of the state.

H. Beginning July 1, 2024, students enrolled full-time in a statewide virtual charter school sponsored by the Statewide Charter School Board shall not be authorized to participate in any activities administered by the Oklahoma Secondary School Activities Association. However, the students may participate in intramural activities sponsored by a statewide virtual charter school, an online provider for the charter school, or any other outside organization.

I. 1. Beginning July 1, 2024, a public school student who wishes to enroll in a virtual charter school shall be considered a transfer student from his or her resident school district. A virtual charter school shall pre-enroll any public school student whose parent or legal guardian expresses intent to enroll in the virtual charter school. Upon pre-enrollment, the State Department of Education shall initiate a transfer on a form to be completed by the receiving virtual charter school. Upon approval of the receiving virtual charter school, the student may begin instructional activities. Upon notice that a public school student has transferred to a virtual charter school, the resident school district shall transmit the student’s records within three (3) school days.

2. The State Department of Education shall notify the Legislature and Governor if it determines that the information technology infrastructure necessary to process the transfer of students to a virtual charter school is inadequate and additional time is needed for implementation.

3. A public school student may transfer to one statewide virtual charter school at any time during a school year. For purposes of this subsection, “school year” shall mean July 1 through the following June 30. After one statewide virtual charter school transfer during a school year, no public school student shall be permitted to transfer to any other statewide virtual charter school without the concurrence of both the resident school district and the receiving virtual charter school. A student shall have a grace period of fifteen (15) school days from the first day of enrollment in a statewide virtual charter school to withdraw without academic penalty and shall continue to have the option of one virtual charter school transfer without the concurrence of both the resident school district and the receiving virtual charter school during that same school year. A statewide virtual charter school student that has utilized the allowable one transfer pursuant to this subsection shall not be permitted to transfer to another school district or another statewide virtual charter school without first notifying his or her resident district and initiating a new transfer. Upon cancellation of a transfer, the virtual charter school shall transmit the student’s records to the student’s new school district within three (3) school days. Students enrolled in a statewide virtual charter school shall not be required to submit a virtual charter transfer for consecutive years of enrollment. Any student enrolled in a statewide virtual charter school the year prior to the implementation of this section shall not be required to submit a transfer in order to remain enrolled.

J. 1. Beginning July 1, 2024, a student shall be eligible to enroll in a statewide virtual charter school sponsored by the Statewide Charter School Board pursuant to Section 1 of this act if he or she is a student whose parent or legal guardian is transferred or is pending transfer to a military installation within this state while on active military duty pursuant to an official military order.

2. A statewide virtual charter school shall accept applications by electronic means for enrollment and course registration for students described in paragraph 1 of this subsection.

3. The parent or legal guardian of a student described in paragraph 1 of this subsection shall provide proof of residence in this 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.

4. The provisions of paragraph 3 of subsection I shall apply to students described in paragraph 1 of this subsection.

5. For purposes of this subsection:

• a.“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
• b.“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.

Added by Laws 1999, c. 320, § 15, eff. July 1, 1999. Amended by Laws 2010, c. 288, § 3, eff. Nov. 1, 2010; Laws 2011, c. 185, § 1; Laws 2011, c. 367, § 3; Laws 2012, c. 367, § 2, eff. July 1, 2012; Laws 2013, c. 83, § 4, eff. July 1, 2013; Laws 2013, c. 212, § 2, eff. Sept. 1, 2013; Laws 2015, c. 170, § 5; Laws 2023, c. 323, § 10, eff. July 1, 2024.

NOTE: Laws 2010, c. 290, § 3 repealed by Laws 2011, c. 1, § 38, emerg. eff. March 18, 2011.