preferences. A. Except as provided in subsection B of this section, beginning July 1, 2024, the transfer of a student from one school site to another school site within the school district where the student resides shall be approved at any time in the year, unless the grade level of the receiving school site has reached capacity. If the capacity of a grade level is insufficient to enroll all eligible students, the school district shall select intra-district transfer students based on the preferences outlined in paragraph 1 of subsection B of this section and then in the order in which the intra-district transfer applications were received. The school district board of education shall determine the capacity of a school site based on its policy adopted pursuant to subsection B of this section. A student may be granted a one-year intra-district transfer and shall automatically continue to attend the school site where the student transferred each school year, unless the school district denies the continued intra-district transfer for the reasons outlined in paragraphs 2 and 3 of subsection B of this section. At the end of each school year, a school district may only deny continued intra-district transfer of the student for the reasons outlined in paragraphs 2 and 3 of subsection B of this section. 1. Any sibling of a student who transfers intra-district may attend the school site to which the student transferred if the school district policy gives preference to sibling transfers regardless of capacity and the sibling of the transferred student does not meet a basis for denial as outlined in paragraphs 2 and 3 of subsection B of this section. 2. The child of a school district employee who resides in the school district but wishes to attend a different school site within the school district where the student resides may be granted an intra-district transfer if the school district policy gives preference to the transfer of children of school district employees and the student does not meet a basis for denial as outlined in paragraphs 2 and 3 of subsection B of this section. 3. A student who changes residence within a school district and who wishes to attend the same school site may be granted an intra- district transfer if the school district policy gives preference to such transfers and the student does not meet a basis for denial as outlined in paragraphs 2 and 3 of subsection B of this section. 4. Any child in the custody of the Department of Human Services and living in foster care who resides in the home of another student who transfers intra-district may attend the school site to which the student transferred. Except for a child in the custody of the Department of Human Services in foster care, an intra-district transfer student shall not transfer more than two times per school year to other school sites within the school district where the student resides, provided that the student may always reenroll at any time in his or her school site of residence. B. Each school district board of education shall adopt a policy to determine the number of intra-district transfer students the school district has the capacity to accept in each grade level for each school site within a school district no later than July 1, 2024. The policy shall be publicly posted on the school district website. The policy: 1. Shall include an enrollment preference and reserve capacity for: a. students who reside in the school site boundary, b. students who attended the school site the prior school year, c. siblings of students who are already enrolled at the school site, d. children of school district employees who wish to attend a different school site within the school district, and e. students who change residence within a school district and who wish to attend the same school site; 2. May include the acts and reasons outlined in Section 24- 101.3 of this title as a basis for denial of an intra-district transfer; and 3. May include a history of absences as a basis for denial of an intra-district transfer. For the purposes of this section, "history of absences" means ten or more absences in one semester that are not excused for the reasons provided in subsection B of Section 10-105 of this title or due to illness. C. By the first day of January, April, July, and October of each year, the school district board of education shall establish the number of intra-district transfer students the school district has the capacity to accept in each grade level for each school site within the district. D. After establishing the number of intra-district transfer students the school district has the capacity to accept in each grade level for each school site, the board of education shall: 1. Publish in a prominent place on the school district website the number of intra-district transfer students for each grade level for each school site within the school district which the district has the capacity to accept; and 2. Report to the State Department of Education the number of intra-district transfer students for each grade level for each school site within the school district which the district has the capacity to accept. E. 1. Notwithstanding the provisions of this section, school districts shall allow 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, provisional eligibility for intra-district transfers regardless of capacity. The number of intra-district transfers specific to military dependents shall be based on two (2) military dependents per one hundred (100) enrolled students at the elementary school level, four (4) military dependents per one hundred (100) students at the middle school level, and six (6) military dependents at the high school level. Students shall be eligible under this subsection as outlined in paragraphs 1 and 2 of subsection B of Section 8-103.1 of this title. 2. For purposes of this subsection: a. "elementary school" means kindergarten through fifth grade, b. "middle school" means sixth grade through eighth grade, and c. "high school" means ninth grade through twelfth grade.
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