1. 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.

2. B. 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 shall be eligible for admission to the school district of their choice 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.

   Students shall be eligible if at least one parent of the student has a Department of Defense-issued identification card.

3. C.

   1. 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. 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. 3. Students described in subsection B of this section who currently reside outside of a district they are transferring to shall be treated by the receiving district as residing within the receiving district for purposes of enrollment.

   4. 4.

      1. a. A student shall not be precluded from enrollment prior to residency as provided in this subsection for any of the following:

         1. (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. (2) receiving or qualifying for special education courses or services, or
         3. (3) receiving or qualifying for accommodations or services under the Rehabilitation Act of 1973, 29 U.S.C., Section 504.
      2. 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.

   5. 5. The parent or legal guardian of a student described in paragraph 1 of this subsection shall provide proof of residence in the state 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:

      1. a. a temporary on-base billeting facility,
      2. b. a purchased or leased home or apartment, or
      3. c. federal government or public-private venture off-base military housing.

4. D. For purposes of this section:

   1. 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. 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.

Laws 1999, HB 1759, c. 320, § 22, emerg. eff. July 1, 1999; Amended by Laws 2013, SB 759, c. 285, § 2, eff. November 1, 2013 (superseded document available); Amended by Laws 2021, SB 783, c. 6, § 3, emerg. eff. March 31, 2021 (superseded document available); Amended by Laws 2021, SB 68, c. 73, § 1, emerg. eff. July 1, 2021 (superseded document available); Amendment by Laws 2021, SB 68, c. 73, § 1, amended by Laws 2025, HB 2259, c. 451, § 2, emerg. eff. July 1, 2025; Amendment by Laws 2021, SB 783, c. 6, § 3, repealed by Laws 2025, HB 2259, c. 451, § 4, emerg. eff. July 1, 2025 (susperseded document available); Amended by Laws 2026, HB 4274, c. 264, § 1, emerg. eff. July 1, 2026 (superseded document available).