§70-8-103. Application for transfer - Procedure.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In order that any student may be transferred, an application form specified by the State Board of Education must be completed by the parents of the student. For purposes of the Education Open Transfer Act, the term “parent” means the parent of the student or person having custody of the student as provided for in paragraph 1 of subsection A of Section 1-113 of this title. The application shall be filed with the superintendent of the receiving school district for transfers to school districts in this state and with the State Board of Education for transfers to school districts in another state.

B. On or before the first day of January, April, July and October, it shall be the duty of the superintendent of the receiving school district to file with the State Board of Education and each resident district a statement showing the names of the students granted transfers to the school district, the resident school district of the transferred students and their respective grade level.

C. For students who are deaf or hearing-impaired who wish to transfer to a school district with a specialized deaf education program, applications may be filed at any time during the school year. The student may transfer to the receiving school district at any time during the school year.

D. The school district shall enroll transfer students in the order in which they submit their applications. If the number of student transfer applications exceeds the capacity of a receiving school district, as determined by subsection A of Section 8-101.2 of this title, the district shall select transfer students in the order in which the district received the student transfer applications.

E. If a transfer application is denied based on the receiving school district’s open transfer policy adopted pursuant to

subsection B of Section 8-101.2 of this title, the parent of the student may appeal the decision as provided for in subsection E of Section 8-101.2 of this title. Added by Laws 1971, c. 281, § 8-103, eff. July 2, 1971. Amended by Laws 1989, 1st Ex.Sess., c. 2, § 89, operative July 1, 1990; Laws 1993, c. 239, § 35, eff. July 1, 1993; Laws 1994, c. 232, § 2, emerg. eff. May 25, 1994; Laws 1999, c. 320, § 21, eff. July 1, 1999; Laws 2000, c. 232, § 9, eff. July 1, 2000; Laws 2003, c. 434, § 12;

Laws 2006, c. 248, § 1, emerg. eff. June 7, 2006; Laws 2013, c. 184, § 1, eff. Nov. 1, 2013; Laws 2021, c. 6, § 2, emerg. eff. March 31, 2021. NOTE: Laws 2013, c. 312, § 2 repealed by Laws 2014, c. 12, § 1, eff. Nov. 1, 2014.