A. In addition to the transfer process provided in Section 8-103 of this title, students may be transferred on an emergency basis. A written application for an emergency transfer designating the district to which the transfer is desired shall be made by the parent and filed with the superintendent of the receiving school district. On an adequate showing of emergency the superintendent of the receiving school district may make and order a transfer, subject to approval by the State Board of Education. An emergency shall include only:

1. The destruction or partial destruction of a school building;

2. The inability to offer the subject a pupil desires to pursue, if the pupil becomes a legal resident of a school district after February 1 of the school year immediately prior to the school year for which the pupil is seeking the transfer;

3. A catastrophic medical problem of a student, which for purposes of this section shall mean an acute or chronic serious illness, disease, disorder or injury which has a permanently detrimental effect on the body's system or renders the risk unusually hazardous;

4. The total failure of transportation facilities;

5. The concurrence of both the sending and receiving school districts;

6. The unavailability of remote or on-site Internet-based instruction by course title in the district of residence for a student identified as in need of drop-out recovery or alternative education services, provided such student was enrolled at any time in a public school in this state during the previous three (3) school years;

7. The unavailability of a specialized deaf education program for a student who is deaf or hearing impaired; or

8. When a student has been the victim of harassment, intimidation and bullying as defined in Section 24-100.3 of this title, upon verification by the receiving school district that the student has been the victim of harassment, intimidation or bullying and that the sending school district was notified of the incident or incidents prior to the filing of the application for transfer.

B. An emergency transfer previously made may be canceled, with the concurrence of the board of the receiving district and the parent.

Added by Laws 1971, c. 281, § 8-104, eff. July 8, 1971. Amended by Laws 1981, c. 353, § 3; Laws 1984, c. 151, § 1, emerg. eff. April 19, 1984; Laws 1993, c. 239, § 36, eff. July 1, 1993; Laws 1994, c. 168, § 2, eff. July 1, 1994; Laws 1996, c. 319, § 2, eff. July 1, 1996; Laws 1997, c. 343, § 3, eff. July 1, 1997; Laws 1999, c. 320, § 24, eff. July 1, 1999; Laws 2002, c. 453, § 3, eff. July 1, 2002; Laws 2004, c. 319, § 1, emerg. eff. May 20, 2004; Laws 2013, c. 85, § 1, emerg. eff. April 22, 2013.