{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-8-103.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-8-103.1","heading":"Transfer of student not residing in district -","body":"Criteria and standards - Children of military personnel.\n\nA. A local school district board of education which receives a\n\nrequest for a transfer for a student who does not reside in the\n\nschool district may refuse the transfer in accordance with the\n\nprovisions of the open transfer policy adopted by the local school\n\ndistrict board of education and subject to the provisions of\n\nsubsections B and C of this section. Each local board of education\n\nshall adopt an open transfer policy for the school district which\n\nspecifies its criteria and standards for approval of transfers of\n\nstudents who do not reside in the district. The policy shall\n\ninclude, but shall not be limited to, provisions relating to the\n\navailability of programs, staff, or space as criteria for approval\n\nor denial of transfers. A school district may include in the policy\n\nas the basis for denial of a transfer, the reasons outlined in\n\nSection 24-101.3 of this title.\n\nIn considering requests for students to transfer into a school\n\ndistrict, the board of education shall consider the requests on a\n\nfirst-come, first-serve basis. A school district shall not accept\n\nor deny a transfer based on ethnicity, national origin, gender,\n\nincome level, disabling condition, proficiency in the English\n\nlanguage, measure of achievement, aptitude, or athletic ability.\n\nNotwithstanding the provisions of the Education Open Transfer\n\nAct, transfers of children with disabilities shall be granted as\n\nauthorized in Section 13-103 of this title.\n\nB. A local school district board of education shall adopt a\n\npolicy for the school district regarding the transfer of students\n\nwho are the dependent children of a member of the active uniformed\n\nmilitary services of the United States on full-time active duty\n\nstatus and students who are the dependent children of a member of\n\nthe military reserve on active duty orders. The policy shall\n\nprovide for the approval of the transfer if:\n\n1. At least one parent of the student has a Department of\n\nDefense-issued identification card; and\n\n2. The student will be residing with a relative of the student\n\nwho lives in the receiving school district or who will be living in\n\nthe receiving school district within six (6) months of the filing of\n\nthe application for transfer.\n\nC. 1. A student shall be considered in compliance with the\n\nresidency provisions of Section 1-113 of this title if he or she is\n\na student whose parent or legal guardian is transferred or is\n\npending transfer to a military installation within the state while\n\non active military duty pursuant to an official military order.\n\n2. A school district shall accept applications by electronic\n\nmeans for enrollment including enrollment in a specific school or\n\nprogram within the school district and course registration for\n\nstudents described in paragraph 1 of this subsection.\n\n3. a. A student shall not be precluded from enrollment prior\n\nto residency as provided in this subsection for any of\n\nthe following:\n\n(1) having an individualized education program or an\n\nindividualized family service plan under the\n\nIndividuals with Disabilities Education Act, 29\n\nU.S.C., Section 1400 et seq.,\n\n(2) receiving or qualifying for special education\n\ncourses or services, or\nubsection.\n\n3. a. A student shall not be precluded from enrollment prior\n\nto residency as provided in this subsection for any of\n\nthe following:\n\n(1) having an individualized education program or an\n\nindividualized family service plan under the\n\nIndividuals with Disabilities Education Act, 29\n\nU.S.C., Section 1400 et seq.,\n\n(2) receiving or qualifying for special education\n\ncourses or services, or\n\n(3) receiving or qualifying for accommodations or\n\nservices under the Rehabilitation Act of 1973, 29\n\nU.S.C., Section 504.\n\nb. If the enrolling student is transferring with an\n\nindividualized education program, an individualized\n\nfamily service plan, or a Section 504 plan, the\n\ndistrict board of education shall take the necessary\n\nsteps including, but not limited to, the transfer of\n\nrecords and any prior evaluations, the performance of\n\nreevaluations, if necessary, and meetings to ensure\n\nthat comparable services are in place prior to the\n\nstudent's first day of school in the state.\n\n4. The parent or legal guardian of a student described in\n\nparagraph 1 of this subsection shall provide proof of residence in\n\nthe school district within ten (10) days after the published arrival\n\ndate provided on official documentation. A parent or legal guardian\n\nmay use the following addresses as proof of residence:\n\na. a temporary on-base billeting facility,\n\nb. a purchased or leased home or apartment, or\n\nc. federal government or public-private venture off-base\n\nmilitary housing.\n\nD. For purposes of this section:\n\n1. \"Active military duty\" means full-time military duty status\n\nin the active uniformed service of the United States including\n\nmembers of the National Guard and Military Reserve on active duty\n\norders; and\n\n2. \"Military installation\" means a base, camp, post, station,\n\nyard, center, homeport facility for any ship or other installation\n\nunder the jurisdiction of the Department of Defense or the United\n\nStates Coast Guard.","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":"0e07edeb073cdad5371121a46f69f3ec422c8eab9eb4994ffc5968afae637e4a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-8-103","next":"us-ok/okla.-stat.-tit.-70-70-8-103.2"},"notice":"GroundRules: Original legal text. Not legal advice."}