Okla. Stat. tit. 70, § 70-8-103.1
This is the official text of Okla. Stat. tit. 70, § 70-8-103.1, 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 not residing in district -
Official statutory text
Criteria and standards - Children of military personnel.
A. A local school district board of education which receives a
request for a transfer for a student who does not reside in the
school district may refuse the transfer in accordance with the
provisions of the open transfer policy adopted by the local school
district board of education and subject to the provisions of
subsections B and C of this section. Each local board of education
shall adopt an open transfer policy for the school district which
specifies its criteria and standards for approval of transfers of
students who do not reside in the district. The policy shall
include, but shall not be limited to, provisions relating to the
availability of programs, staff, or space as criteria for approval
or denial of transfers. A school district may include in the policy
as the basis for denial of a transfer, the reasons outlined in
Section 24-101.3 of this title.
In considering requests for students to transfer into a school
district, the board of education shall consider the requests on a
first-come, first-serve basis. 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. A local school district board of education shall adopt a
policy for the school district regarding the transfer of 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. The policy shall
provide for the approval of the transfer if:
Oklahoma Statutes - Title 70. Schools Page 496
1. At least one parent of the student has a Department of
Defense-issued identification card; and
2. The student will be residing with a relative of the student
who lives in the receiving school district or who will be living in
the receiving school district within six (6) months of the filing of
the application for transfer.
C. 1. A student shall be considered in compliance with the
residency provisions of Section 1-113 of this title if he or she is
a student whose parent or legal guardian is transferred or is
pending transfer to a military installation within the state while
on active military duty pursuant to an official military order.
2. A school district shall accept applications by electronic
means for enrollment including enrollment in a specific school or
program within the school district and course registration for
students described in paragraph 1 of this subsection.
3. a. A student shall not be precluded from enrollment prior
to residency as provided in this subsection for any of
the following:
(1) having an individualized education program or an
individualized family service plan under the
Individuals with Disabilities Education Act, 29
U.S.C., Section 1400 et seq.,
(2) receiving or qualifying for special education
courses or services, or
ubsection.
3. a. A student shall not be precluded from enrollment prior
to residency as provided in this subsection for any of
the following:
(1) having an individualized education program or an
individualized family service plan under the
Individuals with Disabilities Education Act, 29
U.S.C., Section 1400 et seq.,
(2) receiving or qualifying for special education
courses or services, or
(3) receiving or qualifying for accommodations or
services under the Rehabilitation Act of 1973, 29
U.S.C., Section 504.
b. If the enrolling student is transferring with an
individualized education program, an individualized
family service plan, or a Section 504 plan, the
district board of education shall take the necessary
steps including, but not limited to, the transfer of
records and any prior evaluations, the performance of
reevaluations, if necessary, and meetings to ensure
that comparable services are in place prior to the
student's first day of school in the state.
4. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
the school district 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.
D. For purposes of this section:
Oklahoma Statutes - Title 70. Schools Page 497
1. "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
2. "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.
A. A local school district board of education which receives a
request for a transfer for a student who does not reside in the
school district may refuse the transfer in accordance with the
provisions of the open transfer policy adopted by the local school
district board of education and subject to the provisions of
subsections B and C of this section. Each local board of education
shall adopt an open transfer policy for the school district which
specifies its criteria and standards for approval of transfers of
students who do not reside in the district. The policy shall
include, but shall not be limited to, provisions relating to the
availability of programs, staff, or space as criteria for approval
or denial of transfers. A school district may include in the policy
as the basis for denial of a transfer, the reasons outlined in
Section 24-101.3 of this title.
In considering requests for students to transfer into a school
district, the board of education shall consider the requests on a
first-come, first-serve basis. 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. A local school district board of education shall adopt a
policy for the school district regarding the transfer of 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. The policy shall
provide for the approval of the transfer if:
Oklahoma Statutes - Title 70. Schools Page 496
1. At least one parent of the student has a Department of
Defense-issued identification card; and
2. The student will be residing with a relative of the student
who lives in the receiving school district or who will be living in
the receiving school district within six (6) months of the filing of
the application for transfer.
C. 1. A student shall be considered in compliance with the
residency provisions of Section 1-113 of this title if he or she is
a student whose parent or legal guardian is transferred or is
pending transfer to a military installation within the state while
on active military duty pursuant to an official military order.
2. A school district shall accept applications by electronic
means for enrollment including enrollment in a specific school or
program within the school district and course registration for
students described in paragraph 1 of this subsection.
3. a. A student shall not be precluded from enrollment prior
to residency as provided in this subsection for any of
the following:
(1) having an individualized education program or an
individualized family service plan under the
Individuals with Disabilities Education Act, 29
U.S.C., Section 1400 et seq.,
(2) receiving or qualifying for special education
courses or services, or
ubsection.
3. a. A student shall not be precluded from enrollment prior
to residency as provided in this subsection for any of
the following:
(1) having an individualized education program or an
individualized family service plan under the
Individuals with Disabilities Education Act, 29
U.S.C., Section 1400 et seq.,
(2) receiving or qualifying for special education
courses or services, or
(3) receiving or qualifying for accommodations or
services under the Rehabilitation Act of 1973, 29
U.S.C., Section 504.
b. If the enrolling student is transferring with an
individualized education program, an individualized
family service plan, or a Section 504 plan, the
district board of education shall take the necessary
steps including, but not limited to, the transfer of
records and any prior evaluations, the performance of
reevaluations, if necessary, and meetings to ensure
that comparable services are in place prior to the
student's first day of school in the state.
4. The parent or legal guardian of a student described in
paragraph 1 of this subsection shall provide proof of residence in
the school district 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.
D. For purposes of this section:
Oklahoma Statutes - Title 70. Schools Page 497
1. "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
2. "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.
Status: in_force · Read it on the official government site
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