Okla. Stat. tit. 70, § 70-3-140

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

Oklahoma Statutes - Title 70. Schools Page 206

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

Oklahoma Statutes - Title 70. Schools Page 207

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
rship 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

Oklahoma Statutes - Title 70. Schools Page 208

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
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.