Okla. Stat. tit. 70, § 70-8-101.2

This is the official text of Okla. Stat. tit. 70, § 70-8-101.2, part of Oklahoma’s Stat. tit. 70, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 70,." Browse the sections below, each linked to its official government source.

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Transfer of student from residential school district

Official statutory text

A. Except as provided in subsection B of this section, on and

after January 1, 2022, the transfer of a student from the district

Oklahoma Statutes - Title 70. Schools Page 492

in which the student resides to another school district furnishing

instruction in the grade the student is entitled to pursue shall be

granted at any time in the year unless the number of transfers

exceeds the capacity of a grade level for each school site within a

school district. If the capacity of a grade level for each school

site within a school district is insufficient to enroll all eligible

students, the school 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

adopted pursuant to subsection B of this section. A student may be

granted a one-year transfer and shall automatically continue to

attend the school each school year to which the student transferred,

unless the school district denies the continued transfer for the

reasons outlined in paragraphs 1 and 2 of subsection B of this

section. At the end of each school year, a school district may only

deny continued transfer of the student for the reasons outlined in

paragraphs 1 and 2 of subsection B of this section. Any brother or

sister of a student who transfers may attend the school district to

which the student transferred, if the school district policy gives

preference to sibling transfers regardless of capacity, and the

brother or sister of the transferred student does not meet a basis

for denial as outlined in paragraphs 1 and 2 of subsection B of this

section. Any child in the custody of the Department of Human

Services in foster care who is living in the home of a student who

transfers may attend the school district to which the student

transferred. Except for a child in the custody of the Department of

Human Services in foster care, a transfer student shall not transfer

more than two (2) times per school year to one or more school

districts in which the student does not reside, provided that the

student may always reenroll at any time in his or her school

district of residence. At the discretion of the receiving district,

a student who has attended a school district as a resident student

for at least three (3) years prior to becoming eligible to apply as

a transfer student may be allowed to transfer to the school district

regardless of capacity.

If the grade a student is entitled to pursue is not offered in

the district where the student resides, the transfer shall be

automatically approved.

B. Each school district board of education shall adopt 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 no later than January 1, 2022. The policy

may include:

1. The acts and reasons outlined in Section 24-101.3 of this

title as a basis for denial of a transfer; and

Oklahoma Statutes - Title 70. Schools Page 493

2. A history of absences as a basis for denial of a transfer.

For the purposes of this section, "history of absences" means ten or

more absences in one semester that are not excused for the reasons

provided for in subsection B of Section 10-105 of this title or due

to illness.

The policy shall be publicly posted on the school district

website.

C. By the first day of January, April, July and October, the

school district board of education shall establish 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.

D. After establishing 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, the board of education

shall:
school district board of education shall establish 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.

D. After establishing 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, the board of education

shall:

1. Publish in a prominent place on the school district website

the number of transfer students for each grade level for each school

site within a school district which the school district has the

capacity to accept; and

2. Report to the State Department of Education the number of

transfer students for each grade level for each school site within a

school district which the school district has the capacity to

accept.

E. If a transfer request is denied by the school district, the

parent of the student may appeal the denial within ten (10) days of

notification of the denial to the receiving school district board of

education. The receiving school district board of education shall

consider the appeal at its next regularly scheduled board meeting.

If the receiving school district board of education denies the

appeal, the parent of the student may appeal the denial within ten

(10) days of notification of the appeal denial to the State Board of

Education. The parent shall submit to the State Board of Education

and the superintendent of the receiving school a notice of appeal on

a form prescribed by the State Board of Education. The appeal shall

be considered by the State Board of Education at its next regularly

scheduled meeting, where the parent and a representative from the

receiving school district may address the Board. The State Board of

Education shall promulgate rules to establish the appeals process

authorized by this subsection.

F. Each school district board of education shall submit to the

State Department of Education the number of student transfers

approved and denied and whether each denial was based on capacity,

acts and reasons outlined in Section 24-101.3 of this title or a

history of absences as provided for in paragraph 2 of subsection B

of this section. The State Department of Education shall publish

the data on its website and make the data available to the Office of

Educational Quality and Accountability.

Oklahoma Statutes - Title 70. Schools Page 494

G. Each year, the Office of Educational Quality and

Accountability shall randomly select ten percent (10%) of the school

districts in the state and conduct an audit of each district's

approved and denied transfers based on the provisions of the

policies adopted by the respective school district board of

education. If the Office finds inaccurate reporting of capacity

levels by a school district, the Office shall set the capacity for

the school district.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.