Okla. Stat. tit. 70, § 70-8-114

preferences.

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

beginning July 1, 2024, the transfer of a student from one school

site to another school site within the school district where the

student resides shall be approved at any time in the year, unless

the grade level of the receiving school site has reached capacity.

If the capacity of a grade level is insufficient to enroll all

eligible students, the school district shall select intra-district

transfer students based on the preferences outlined in paragraph 1

of subsection B of this section and then in the order in which the

intra-district transfer applications were received. The school

district board of education shall determine the capacity of a school

site based on its policy adopted pursuant to subsection B of this

section. A student may be granted a one-year intra-district

transfer and shall automatically continue to attend the school site

where the student transferred each school year, unless the school

district denies the continued intra-district transfer for the

reasons outlined in paragraphs 2 and 3 of subsection B of this

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

deny continued intra-district transfer of the student for the

reasons outlined in paragraphs 2 and 3 of subsection B of this

section.

1. Any sibling of a student who transfers intra-district may

attend the school site to which the student transferred if the

school district policy gives preference to sibling transfers

regardless of capacity and the sibling of the transferred student

does not meet a basis for denial as outlined in paragraphs 2 and 3

of subsection B of this section.

2. The child of a school district employee who resides in the

school district but wishes to attend a different school site within

the school district where the student resides may be granted an

intra-district transfer if the school district policy gives

preference to the transfer of children of school district employees

and the student does not meet a basis for denial as outlined in

paragraphs 2 and 3 of subsection B of this section.

3. A student who changes residence within a school district and

who wishes to attend the same school site may be granted an intra-

district transfer if the school district policy gives preference to

such transfers and the student does not meet a basis for denial as

outlined in paragraphs 2 and 3 of subsection B of this section.

4. Any child in the custody of the Department of Human Services

and living in foster care who resides in the home of another student

Oklahoma Statutes - Title 70. Schools Page 501

who transfers intra-district may attend the school site to which the

student transferred.

Except for a child in the custody of the Department of Human

Services in foster care, an intra-district transfer student shall

not transfer more than two times per school year to other school

sites within the school district where the student resides, provided

that the student may always reenroll at any time in his or her

school site of residence.

B. Each school district board of education shall adopt a policy

to determine the number of intra-district 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 July 1,

2024. The policy shall be publicly posted on the school district

website. The policy:

1. Shall include an enrollment preference and reserve capacity

for:

a. students who reside in the school site boundary,

b. students who attended the school site the prior school

year,

c. siblings of students who are already enrolled at the

school site,

d. children of school district employees who wish to

attend a different school site within the school

district, and

e. students who change residence within a school district

and who wish to attend the same school site;
who reside in the school site boundary,

b. students who attended the school site the prior school

year,

c. siblings of students who are already enrolled at the

school site,

d. children of school district employees who wish to

attend a different school site within the school

district, and

e. students who change residence within a school district

and who wish to attend the same school site;

2. May include the acts and reasons outlined in Section 24-

101.3 of this title as a basis for denial of an intra-district

transfer; and

3. May include a history of absences as a basis for denial of

an intra-district 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 in subsection B of

Section 10-105 of this title or due to illness.

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

each year, the school district board of education shall establish

the number of intra-district transfer students the school district

has the capacity to accept in each grade level for each school site

within the district.

D. After establishing the number of intra-district transfer

students the school district has the capacity to accept in each

grade level for each school site, the board of education shall:

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

the number of intra-district transfer students for each grade level

for each school site within the school district which the district

has the capacity to accept; and

Oklahoma Statutes - Title 70. Schools Page 502

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

intra-district transfer students for each grade level for each

school site within the school district which the district has the

capacity to accept.

E. 1. Notwithstanding the provisions of this section, school

districts shall allow 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, provisional eligibility for intra-district transfers

regardless of capacity. The number of intra-district transfers

specific to military dependents shall be based on two (2) military

dependents per one hundred (100) enrolled students at the elementary

school level, four (4) military dependents per one hundred (100)

students at the middle school level, and six (6) military dependents

at the high school level. Students shall be eligible under this

subsection as outlined in paragraphs 1 and 2 of subsection B of

Section 8-103.1 of this title.

2. For purposes of this subsection:

a. "elementary school" means kindergarten through fifth

grade,

b. "middle school" means sixth grade through eighth

grade, and

c. "high school" means ninth grade through twelfth grade.