A. A school district board of education which receives a request for a transfer for a student who does not reside in the school district shall not deny the transfer unless the number of requested transfers exceeds the capacity of a grade level for each school site within a school district. 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. The capacity of a school district shall be determined by the school district board of education based on its policy that complies with subsection B of Section 8-101.2 of this title. 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.