Transfer Information

Open Transfers previously granted by the school board will remain in effect unless the board of education takes action to deny a future year’s attendance based upon capacity, discipline, or attendance as addressed within this policy.

The school district will 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. The school district will begin accepting applications for the next school year starting June 1^st. Transfer applications will only be accepted through the transfer portal (www.sde.ok.gov/student-transfer). If needed, the district will supply a laptop at the administration office for parents to apply for the transfer online. Paper applications and emailed applications will not be accepted. The administration will not approve or deny transfers received for the next school year until after the July 1 capacity data is determined for each grade level and site within the school district.

Transfers that have previously been approved by the school district will remain in effect for future school years unless the district provides notification to the parent or legal guardian that the transfer is not going to be continued for an upcoming school year due to capacity, disciplinary action or attendance issues. The district will not require parents resubmit a new application each school year and will advance the previous application of an enrolled student amending only the grade placement of the student.

A transfer may be requested at any time in the school year. State law does limit the ability of a student to transfer to no more than two (2) times per school year to one or more school districts in which the student does not reside. Exceptions to this limit will exist for students in foster care. Students are legally entitled to reenroll at any time in his or her school district of residence. Any brother or sister of a student who transfers will be provided preferential treatment and considered for approval regardless of capacity with administrator approval and discipline and attendance records reviewed in the determination of the sibling transfer request. A separate application must be filed for each student so that the district can timely consider requests in the order applications are received.

A student who has attended school as a resident student for at least three years prior to moving out of the school district may be allowed to transfer into the district regardless of capacity. Such student’s application will be reviewed utilizing only disciplinary records and attendance in the determination of the transfer request.

It is the policy of the board of education that any legally transferring student shall be accepted by the district under the following circumstances:

The district has the capacity to accept the student at the grade level at the school site;
The transferring student has not been disciplined for:

violation of a school regulation,
possession of an intoxicating beverage, low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or missing or stolen property if the property is reasonably suspected to have been taken from a student, a school employee, or the school during school activities, or
possession of a dangerous weapon or a controlled dangerous substance while on or within two thousand (2,000) feet of public-school property, or at a school event, as defined in the Uniform Controlled Dangerous Substances Act.

The transferring student does not have a history of absences. “History of absences” means ten or more absences in one semester that are not excused for the reasons provided in 70 O.S. § 10-105 or due to illness.

By the first day of January, April, July and October, the board of education shall establish the number of transfer students the district has the capacity to accept in each grade level for each school site within the district. The number of transfer students for each grade level at each site that the district has the capacity to accept will be posted in a prominent place on the school district’s website. The district shall report to the State Department of Education the number of transfer students for each grade level for each school site which the district has the capacity to accept.

The district has a capacity of 20 per grade level teacher in Grade PK at Choctaw Elementary School.
The district has a capacity of 19 per grade level teacher in Grade K at Choctaw Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 1st at Choctaw Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 2nd at Choctaw Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 3rd at Choctaw Elementary School.
The district has a capacity of 20 per grade level teacher in Grade 4th at Choctaw Elementary School.
The district has a capacity of 20 per grade level teacher in Grade 5th at Choctaw Elementary School.

The district has a capacity of 20 per grade level teacher in Grade PK at Westfall Elementary School.
The district has a capacity of 19 per grade level teacher in Grade K at Westfall Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 1st at Westfall Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 2nd at Westfall Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 3rd at Westfall Elementary School.
The district has a capacity of 20 per grade level teacher in Grade 4th at Westfall Elementary School.
The district has a capacity of 20 per grade level teacher in Grade 5th at Westfall Elementary School.

The district has a capacity of 20 per grade level teacher in Grade PK at Nicoma Park Elementary School.
The district has a capacity of 19 per grade level teacher in Grade K at Nicoma Park Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 1st at Nicoma Park Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 2nd at Nicoma Park Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 3rd at Nicoma Park Intermediate School.
The district has a capacity of 20 per grade level teacher in Grade 4th at Nicoma Park Intermediate School.
The district has a capacity of 20 per grade level teacher in Grade 5th at Nicoma Park Intermediate School.

The district has a capacity of 20 per grade level teacher in Grade PK at Indian Meridian Elementary School.
The district has a capacity of 19 per grade level teacher in Grade K at Indian Meridian Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 1st at Indian Meridian Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 2nd at Indian Meridian Elementary School.
The district has a capacity of 19 per grade level teacher in Grade 3rd at James Griffith Intermediate School.
The district has a capacity of 20 per grade level teacher in Grade 4th at James Griffith Intermediate School.
The district has a capacity of 20 per grade level teacher in Grade 5th at James Griffith Intermediate School.

The district has a capacity of 200 students in Grade 6th at Choctaw Middle School.
The district has a capacity of 200 students in Grade 7th at Choctaw Middle School.
The district has a capacity of 200 students in Grade 8th at Choctaw Middle School.
The district has a capacity of 200 students in Grade 6th at Nicoma Park Middle School.
The district has a capacity of 200 students in Grade 7th at Nicoma Park Middle School.
The district has a capacity of 200 students in Grade 8th at Nicoma Park Middle School.

The district has a capacity of 450 students in Grade 9th at Choctaw High School.
The district has a capacity of 400 students in Grade 10th at Choctaw High School.
The district has a capacity of 370 students in Grade 11th at Choctaw High School.
The district has a capacity of 350 students in Grade 12th at Choctaw High School.

The district has a capacity of 18 full-time students in Grade 4/5th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 6th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 7th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 8th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 9th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 10th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 11th at EDGE Virtual School.
The district has a capacity of 30 full-time students in Grade 12th at EDGE Virtual School.

The district has a capacity of 65 students at Choctaw Alternative Transition School.

A student shall be allowed to transfer to a district in which the parent or legal guardian of the student is employed as a teacher as per 70 O.S. § 8-113.

The district will approve or deny the application and notify the parent of the student of the determination in writing within thirty (30) days of receiving an application. 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 the district, the district shall select transfer students in the order in which the district received the application. 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 the military reserve on active duty orders shall be eligible for admission to the school district regardless of capacity of the district. Students shall be eligible for military transfer if:

At least one parent of the student has a Department of Defense issued identification card; and
At least one parent can provide evidence that he or she will be on active-duty status or active-duty orders, meaning the parent will be temporarily transferred in compliance with official orders to another location in support of combat, contingency operation or a national disaster requiring the use of orders for more than thirty (30) consecutive days.

If the transfer application is accepted, the district shall notify the parents of the acceptance. The parent shall provide the district with written notification that the student will be enrolling within ten (10) days of notification of acceptance. Failure to notify the school district within ten (10) days of acceptance shall result in the cancellation of the transfer. The district will provide a written noticed of the cancellation to the parent of the student immediately upon cancellation. If accepted, a student transfer is granted for the existing school year and may continue to attend in future years. At the end of the school year, the district may deny continued transfer of the student due to disciplinary reasons or a history of absences. Written notice of the intention to deny continued transfer of the student shall be given to a parent of a student no later than July 15. The parent may appeal the denial of a continued transfer.

If a transfer request is denied by the school district, the district shall provide notification of the denial in writing to the parent by either hand-delivery, by U.S. Mail or electronic mail.

If a transfer request is denied by the administration, the parent or legal guardian of the student may appeal the denial within ten (10) days of notification of denial to the board of education. If notification was hand-delivered, the appeal period shall begin the day after the notification is delivered. If notification is sent by U.S. Mail, the appeal period shall begin three (3) days after the notification is mailed. If notification is sent via electronic mail, the appeal period shall begin the day after the notification is sent. The board of education shall consider the appeal at its next regularly scheduled board meeting if notice is provided prior to the statutory deadline for posting the agenda for the meeting. The board of education shall accept an otherwise untimely appeal if a parent of a student can establish that they did not receive actual notice of the notification denying the transfer request, and the appeal was submitted within ten (10) days after the parent of the student actually received notice.

The appeal to the board of education shall be submitted to the office of the superintendent. The appeal shall include the following:

The name, address and telephone number of the parent of the student and the student for whom the appeal is being taken;
The date the district gave notice denying the transfer request;
The basis for appealing the decision of the school district; and
The name, address and telephone number of the legal representative, if applicable.

During the appeal, the board will review the action of the administration to make sure that the district policy was followed with regard to the denial of the transfer. The board of education will meet in an executive session to review the educational records of the student. If the policy was not followed, the board of education shall vote to overturn the denial and the transfer will be granted. This will be a paper appeal and will include the written documentation utilized by the school district as well as a written response from the parent or legal guardian which explains why the policy was not followed.

If the board of education votes to uphold the denial of the transfer, the parent or legal guardian may appeal the denial within ten (10) days of the notification of the appeal denial to the State Board of Education. The parent or legal guardian shall submit to the State Board of Education and to the superintendent of the district, a notice of appeal on the form prescribed by the State Board of Education. The superintendent shall immediately provide a copy of the appeal to each member of the board of education. Upon receipt of notice of an appeal, but not later than five (5) days prior to the date at which the State Board of Education is scheduled to consider the appeal the board of education may submit a written response to the appeal. Responses should not exceed five (5) pages. If not submitted by the parent, the board of education shall provide a copy of the policy adopted to determine the number of transfer students the district has the capacity to accept in each grade level for each school site within the district. The parent and the school district will have an opportunity to appear in person or by authorized representative or by attorney to address the State Board at the meeting.

A student who enrolls in a school district in which the student is not a resident shall not be eligible to participate in school-related extramural athletic competition governed by the Oklahoma Secondary School Activities Association for a period of one (1) year from the first day of attendance at the receiving school unless the transfer is from a school district which does not offer the grade the student is entitled to pursue as per 70 O.S. § 8-103.2.

REFERENCE:   70 O.S. §1-114
  70 O.S. §1-113
  70 O.S. §5-117.1
  70 O.S. §8-101, et seq.
                          70 O.S. §24-101, et seq.; §24-102
  Family Education Rights and Privacy Act
  Atty. Gen. Op. No. 87-134, April 1, 1988

LEGAL NOTE: Senate Bill 783 repealed 70 O.S. § 8-104 effective March 31, 2021. Oklahoma law no longer allows emergency transfer of students. Oklahoma law regarding transfers will change again on January 1, 2022. A new sample policy has been created which addresses those changes that are effective with regard to student transfers on January 1, 2022.

THIS POLICY REQUIRED BY LAW.

Adoption Date: 1/13/97 Revision Date: 12/13/99; 11/11/13; 8/11/13; 10/14/14; 12/13/21; 6/13/22; 2/13/23

Capacity

CNP TRANSFER CAPACITY
Transfers at CNP Max Capacity as of 1-6-2023
(5812)(24)

Download pdf of Transfer Capacity

Choctaw Elementary

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
PK	1	38	44	6
K	1	53	38	0
1^st	3	56	57	1
2^nd	3	63	57	0
3^rd	2	39	38	0
4^th	2	53	40	0
5^th	3	53	60	7

LW Westfall Elementary

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
PK	1	42	44	2
K	3	65	57	0
1^st	3	66	57	0
2^nd	3	70	57	0
3^rd	3	62	57	0
4^th	3	72	60	0
5^th	3	69	60	0

IME/JGI Unified Campus

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
PK	2	88	88	0
K	7	143	133	0
1^st	7	166	133	0
2^nd	7	160	133	0
3^rd	7	169	133	0
4^th	7	169	140	0
5^th	7	163	140	0

Nicoma Park Elementary/Nicoma Park Intermediate

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
PK	2	79	88	9
K	5	119	95	0
1^st	5	110	95	0
2^nd	6	127	114	0
3^rd	6	115	114	0
4^th	6	130	120	0
5^th	5	122	120	0

Choctaw Middle School 140 per day (25 per class)

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
6^th	8	261	200	0
7^th	8	225	200	0
8^th	8	235	200	0

Nicoma Park Middle School 140 per day (25 per class)

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
6^th	8	196	200	4
7^th	8	210	200	0
8^th	8	217	200	0

Choctaw High School 140 per day (28 per class)

Grade	Current # teachers	Current # of students	CNP Max Capacity	Spots Available	Current Transfers
9^th	Varies	491	450	0
10^th	Varies	493	400	0
11^th	Varies	379	370	0
12^th	Varies	367	350	0

*Number required to accept may not reflect those currently on the waiting list

Open Transfer FAQ's

PARENT'S GUIDE TO SCHOOL OPEN TRANSFERS pdf

With the enactment of Senate Bill 783 (2021), the Legislature made comprehensive reforms to Oklahoma’s school transfer laws, namely revising the requirements for accepting and denying student transfers and requiring school districts to set and list enrollment capacities on their websites. These changes, among others, go into effect January 1, 2022, and make students eligible to request a transfer to any district in the state, regardless of where they live.

As a parent, navigating such a significant change in policy can be challenging. To help, the following are answers to common questions:

1. When does the transfer change take effect?

January 1, 2022.

2. Can my student transfer to a district where they do not reside?

Yes.

3. When can I request a transfer for my student?

Beginning Jan. 1, 2022, a parent or guardian may request a transfer at any time of the school year, subject to reasons for denial outlined in Question 8 below.

4. How do I request a transfer for my student?

To request a transfer, simply complete the Oklahoma Student Open Transfer Application on the State Department of Education website (to be available by January 1, 2022).

Individuals without access to the internet may come to the district office at 12880 NE Tenth St. Choctaw, OK 73020 and a laptop will be available for use.

5. Is there a limit to the number of times my student can transfer each year?

Yes. A student may only complete two out-of-district transfers per school year. This limit does not include re-enrolling in your district of residence. Additionally, students in foster care many complete any number of transfers in a given school year and are not subject to the two-transfer limit.

6. Is there a different transfer limit for statewide virtual charter schools?

Yes. A student may only complete one transfer to a statewide virtual charter school per school year. Any subsequent transfer to any other statewide virtual charter school within the same year requires the concurrence of both the resident school district and the receiving virtual charter school.

7. How long does a transfer last?

A student may be granted a one-year transfer and may continue to attend the school each school year with the approval of the receiving district. At the end of each school year, a school district may deny continued transfer of the student for discipline or attendance as described below.

8. Can a district deny my transfer request?

Transfers may be denied by the receiving district for any of the following reasons:

The desired grade level at the school site has exceeded its enrollment capacity;
There are incidents of student discipline for reason(s) outlined in 70 O.S. § 24-101.3; and/or
The student has a history of absences, which is defined as ten or more unexcused absences in one semester 70 O.S. § 8-101.2 (B)(2).

9. How do I know if the district has capacity for my student?

Local school boards must establish their enrollment capacity for each grade level and for each school site by the first day of January, April, July and October each year. This information will be published to the district’s website in a prominent place by the required date. Lack of capacity is an allowable reason for denying an initial transfer. If the local board chooses, the school district can maintain a waiting list for transfers once capacity is reached. Transfers must be accepted on a first come, first served basis.

10. Are there any students who receive special consideration when applying for a transfer?

Yes. Transfer applications are distinct for the following student groups:

Students with disabilities: Prior to the approval of the transfer of a child on an individualized education program (IEP), a joint IEP conference must be conducted between the district of residence and the receiving district. The receiving district must establish the availability of the appropriate staff, and services prior to approving the transfer.
Military dependent students: A student who applies for a transfer and whose parent/guardian is an active member of the military or a member of the military reserve on active duty cannot be denied a transfer because of capacity limitations.
Students of Teachers: A child of a parent/legal guardian employed as a “teacher” in a district may transfer into that district regardless of capacity. Under the law, the definition of teacher includes teachers, nurses, librarians, counselors and administrators who are certified employees.
Students in foster care: Any student in foster care currently placed in the home of another student enrolled in a district may transfer to said district regardless of capacity. Additionally, students in foster care many complete any number of transfer in a given school year and are not subject to the two-transfer limit.

11. Can I appeal the denial of my student’s transfer request?

Yes. After a school district denies a transfer, the parent or legal guardian of the student has 10 days to appeal the denial to the local board of education. The board must consider the appeal at its next regularly scheduled board meeting. The local school district will provide the appeal form. If the school district board of education upholds the denial of the transfer, the parent or legal guardian may appeal the denial to the state Board of Education within 10 days of receiving notice of the local board’s decision. The state Board must consider the appeal at its next meeting and allow both the parent and receiving district to appear.

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