{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-8-101.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-8-101.2","heading":"Transfer of student from residential school district","body":"A. Except as provided in subsection B of this section, on and\n\nafter January 1, 2022, the transfer of a student from the district\n\nin which the student resides to another school district furnishing\n\ninstruction in the grade the student is entitled to pursue shall be\n\ngranted at any time in the year unless the number of transfers\n\nexceeds the capacity of a grade level for each school site within a\n\nschool district. If the capacity of a grade level for each school\n\nsite within a school district is insufficient to enroll all eligible\n\nstudents, the school district shall select transfer students in the\n\norder in which the district received the student transfer\n\napplications. The capacity of a school district shall be determined\n\nby the school district board of education based on its policy\n\nadopted pursuant to subsection B of this section. A student may be\n\ngranted a one-year transfer and shall automatically continue to\n\nattend the school each school year to which the student transferred,\n\nunless the school district denies the continued transfer for the\n\nreasons outlined in paragraphs 1 and 2 of subsection B of this\n\nsection. At the end of each school year, a school district may only\n\ndeny continued transfer of the student for the reasons outlined in\n\nparagraphs 1 and 2 of subsection B of this section. Any brother or\n\nsister of a student who transfers may attend the school district to\n\nwhich the student transferred, if the school district policy gives\n\npreference to sibling transfers regardless of capacity, and the\n\nbrother or sister of the transferred student does not meet a basis\n\nfor denial as outlined in paragraphs 1 and 2 of subsection B of this\n\nsection. Any child in the custody of the Department of Human\n\nServices in foster care who is living in the home of a student who\n\ntransfers may attend the school district to which the student\n\ntransferred. Except for a child in the custody of the Department of\n\nHuman Services in foster care, a transfer student shall not transfer\n\nmore than two (2) times per school year to one or more school\n\ndistricts in which the student does not reside, provided that the\n\nstudent may always reenroll at any time in his or her school\n\ndistrict of residence. At the discretion of the receiving district,\n\na student who has attended a school district as a resident student\n\nfor at least three (3) years prior to becoming eligible to apply as\n\na transfer student may be allowed to transfer to the school district\n\nregardless of capacity.\n\nIf the grade a student is entitled to pursue is not offered in\n\nthe district where the student resides, the transfer shall be\n\nautomatically approved.\n\nB. Each school district board of education shall adopt a policy\n\nto determine the number of transfer students the school district has\n\nthe capacity to accept in each grade level for each school site\n\nwithin a school district no later than January 1, 2022. The policy\n\nmay include:\n\n1. The acts and reasons outlined in Section 24-101.3 of this\n\ntitle as a basis for denial of a transfer; and\n\n2. A history of absences as a basis for denial of a transfer.\n\nFor the purposes of this section, \"history of absences\" means ten or\n\nmore absences in one semester that are not excused for the reasons\n\nprovided for in subsection B of Section 10-105 of this title or due\n\nto illness.\n\nThe policy shall be publicly posted on the school district\n\nwebsite.\n\nC. By the first day of January, April, July and October, the\n\nschool district board of education shall establish the number of\n\ntransfer students the school district has the capacity to accept in\n\neach grade level for each school site within a school district.\n\nD. After establishing the number of transfer students the\n\nschool district has the capacity to accept in each grade level for\n\neach school site within a school district, the board of education\n\nshall:\nschool district board of education shall establish the number of\n\ntransfer students the school district has the capacity to accept in\n\neach grade level for each school site within a school district.\n\nD. After establishing the number of transfer students the\n\nschool district has the capacity to accept in each grade level for\n\neach school site within a school district, the board of education\n\nshall:\n\n1. Publish in a prominent place on the school district website\n\nthe number of transfer students for each grade level for each school\n\nsite within a school district which the school district has the\n\ncapacity to accept; and\n\n2. Report to the State Department of Education the number of\n\ntransfer students for each grade level for each school site within a\n\nschool district which the school district has the capacity to\n\naccept.\n\nE. If a transfer request is denied by the school district, the\n\nparent of the student may appeal the denial within ten (10) days of\n\nnotification of the denial to the receiving school district board of\n\neducation. The receiving school district board of education shall\n\nconsider the appeal at its next regularly scheduled board meeting.\n\nIf the receiving school district board of education denies the\n\nappeal, the parent of the student may appeal the denial within ten\n\n(10) days of notification of the appeal denial to the State Board of\n\nEducation. The parent shall submit to the State Board of Education\n\nand the superintendent of the receiving school a notice of appeal on\n\na form prescribed by the State Board of Education. The appeal shall\n\nbe considered by the State Board of Education at its next regularly\n\nscheduled meeting, where the parent and a representative from the\n\nreceiving school district may address the Board. The State Board of\n\nEducation shall promulgate rules to establish the appeals process\n\nauthorized by this subsection.\n\nF. Each school district board of education shall submit to the\n\nState Department of Education the number of student transfers\n\napproved and denied and whether each denial was based on capacity,\n\nacts and reasons outlined in Section 24-101.3 of this title or a\n\nhistory of absences as provided for in paragraph 2 of subsection B\n\nof this section. The State Department of Education shall publish\n\nthe data on its website and make the data available to the Office of\n\nEducational Quality and Accountability.\n\nG. Each year, the Office of Educational Quality and\n\nAccountability shall randomly select ten percent (10%) of the school\n\ndistricts in the state and conduct an audit of each district's\n\napproved and denied transfers based on the provisions of the\n\npolicies adopted by the respective school district board of\n\neducation. If the Office finds inaccurate reporting of capacity\n\nlevels by a school district, the Office shall set the capacity for\n\nthe school district.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bd3766122c79a582bb4813cb6d50fb470f779f057b787446d909c5696e11ea93","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-8-101.1","next":"us-ok/okla.-stat.-tit.-70-70-8-103"},"notice":"GroundRules: Original legal text. Not legal advice."}