Oklahoma Administrative Code
Title 210 - State Department of Education
Chapter 10 - School Administration and Instructional Services
Subchapter 1 - General Provisions
Section 210:10-1-13 - Educational services for children in residential care, treatment, or emergency shelter facilities
Universal Citation: OK Admin Code 210:10-1-13
Current through Vol. 42, No. 13, March 17, 2025
(a) Purpose. These policies are for the purpose of establishing standards for the educational services for children placed in facilities which exist for the purpose of providing residential care, treatment (24-hour residential) or emergency shelter care.
(b) Facilities licensing/approval. The facilities should be licensed or approved by the appropriate oversight state agency (i.e., Department of Human Services, Office of Juvenile Affairs, Department of Health, and Department of Mental Health and Substance Abuse Services). Such residential care or treatment facilities as juvenile detention centers, group homes, and emergency youth shelters will be included for these programs.
(c) Residency. Student residency shall be determined by application of 70 O.S. § 1-113:
(1) Children placed in facilities such as an
orphanage, eleemosynary (charitable) child care facility, in which a child is
placed by the parent or guardian for full time residential care and attend a
district school by joint agreement of the district or facility and are not
placed in a facility through a state contract, are residents for school
purposes of the school district where the facility is located.
(2) Children placed in facilities which are
state operated institutions or who are temporarily in state-licensed or
operated emergency shelters are residents for school purposes of the school
district where the facility is located.
(3) Children placed in a foster home, as
defined at 10 O.S. §
402,
except a therapeutic foster home or a specialized foster home voluntary
placement, by the person or agency having legal custody pursuant to court order
or by a state agency having legal custody are residents for school purposes of
the school district where the foster home is located. If the foster parent has
requested that the residence of the foster child for school purposes be the
school district in which the child resided prior to being placed in foster
care, or the school district in which the child's previous foster family home
is located, the district selected by the foster parent shall be the child's
district of residence.
(4) For
youth who are placed in juvenile detention facilities, the district of
residence for school purposes shall be the school district in which the
parents, guardians, or person having legal custody holds legal
residence.
(5) When a child does
not meet the criteria for residency provided in 70 O.S. §
1-113,
subsection A, and is placed in a residential care facility or treatment program
or center, including J.D. McCarty Center (63 O.S. §
485.1) , which
is out of the child's home and not in the school district in which the child
legally resides, the facility or program shall, if the child contends he or she
resides in a district other than the district where the facility or program is
located, within eleven (11) days of admittance, notify the district in which
the out-of-home placement or treatment is located of the
admittance.
(d) Contractual agreement for educational services. A contractual agreement for the provision of educational services will be developed and signed by the chief executive officer of each agency or organization, or by the chairman of the governing board or board of directors of each licensed public or private agency, operating or supervision of residential care, treatment, or emergency shelter facilities.
(1) Each
individual or entity operating a residential facility or treatment program
which requires provision of educational services from the school district,
shall notify the local board of education of its anticipated educational needs,
prior to location in a school district. No school district shall be required to
provide educational services for residents of the facility or participants in
the program until at least sixty (60) calendar days have elapsed from the time
in which the local board of education was initially notified of the need unless
the school district so agrees to provide the educational services
sooner.
(2) Pursuant to 10A O.S.
§ 2-7-305, any state agency letting grants or contracts for residential
care or treatment facilities for children shall require , as a condition of
grants or contracts, documented assurance of appropriate provision of
educational services.
(3) The
contractual agreement for educational services shall include the following as a
minimum:
(A)
Teacher certification
requirements . Teachers shall be appropriately certified by the Oklahoma
State Department of Education. Pursuant to 70 O.S. §
1210.567,
a certified teacher who is qualified to teach in an accredited school
district's educational services for a residential care or treatment facility
may teach subjects in which the teacher does not hold certification. This shall
only be valid upon application of a school district, offering on-site
educational services in a residential or treatment facility, and approved by
the State Department of Education, only for those purposes. The application for
Accreditation or amended application shall serve as the district's application
for these purposes. Original copies of the application and teacher certificates
shall be on file at the school district administration office and copies
maintained at the building site level.
(B)
Number of hours taught . The
State Department of Education shall authorize, upon application by a school
district, an abbreviated day schedule for the education provided for students
in a residential care or treatment facility located within the district. The
Application for Accreditation or amended application shall serve as the
district's application for these purposes. Education services available shall
be provided to children/youth no later than the tenth school day of admittance.
Exception will be for cause in the interest of the child and documentation by
recommendations of the attending licensed psychologists, psychiatrists, or
physicians on the residential care or treatment staff.
(C)
Adequacy of facilities . The
residential care, treatment, or emergency shelter facilities shall provide and
maintain areas appropriate for the school district to conduct the educational
program pursuant to contractual agreement and shall be responsible for all
services and costs associated with such services which are not directly related
to education. Relevant safety and health standards shall be followed. Such
facilities shall meet the accreditation standards of the State Board of
Education for educational services and shall meet other existing standards
which apply to facilities of residential care, treatment, or emergency shelter
programs.
(D)
Educational
plans, including plans for transition in to regular school setting .
Education plans for students shall describe the appropriate curriculum,
instructional time, and setting for each child. The child should receive
instruction in an appropriate setting based on the individual educational needs
of the child and should progress toward a full school day (six hours)
program.
(4) The State
Department of Education shall provide a sample contract with standard or
uniform provisions for use by school districts which provide education to
students in such facilities or programs. Provision in the contract shall be
designed to ensure an appropriate education to which a student is entitled in
the most cost-efficient manner to the responsible school district and shall
allow for local flexibility in funding and education arrangements. The cost for
related services, therapies, treatments, or support services for eligible
students shall be the responsibility of the facility unless otherwise agreed by
the contractual parties or as otherwise specified in the IEP. Otherwise valid
obligations to provide or pay for such services, such as Medicaid, shall remain
in effect for children who are eligible from sources other than the school
district.
(e) Educational plans for residential care, treatment facilities, or emergency shelter facilities.
(1) Each
child/youth shall have his/her educational needs reviewed within five school
days by a team of professionals to determine the educational needs of the
student and to develop an educational plan which is consistent with state and
federal laws and regulations. The education plan shall work toward integration
of the student into the receiving school district.
(2) The professional team for the educational
plan shall include a teacher or an appropriately qualified educator
representative and be under the direction of personnel of the school district.
A procedure must exist to permit team members to communicate their
recommendations and other relevant information to the facility staff on a
regular basis.
(3) The educational
plan shall be periodically reviewed and adjustments by the professional team
made to ensure that the child is receiving appropriate educational
opportunities at all times.
(4) The
educational plan shall describe the appropriate curriculum, instructional time,
and setting for the child/youth. The child should receive instruction in an
appropriate educational setting based on individual educational needs and
should progress toward a full school day (six hours) program. The student's
current grade level and/or ability should be considered.
(5) The educational plan shall be implemented
within ten days of enrollment.
(6)
The educational plans and educational services shall be provided under the
supervision of a school district administrator.
(7) The educational plan and individual
student records for the educational services shall be maintained by the school
district with proper protections for disclosure, including a procedure for
expeditious exchange of education records to properly authorized persons, in
accordance with the Family Education Rights and Privacy Act, and other relevant
state and federal laws.
(8) The
educational plan shall be implemented in accordance with any procedural
safeguards for eligible children with disabilities who require Individualized
Education Programs (IEPs) under the Individuals with Disabilities Education Act
(IDEA). The eligible student's school district of residence shall be notified
immediately by the providing district upon finding that the eligible student
requires special education and related services and notified as to the time,
date and location of meetings for the purpose of planning the student's IEP and
subsequent reviews. The facility may have a representative present at the IEP
conference to advise the IEP team of any concerns or information the facility
has to offer regarding the eligible student's educational needs and eligibility
for related services. The facility and the providing district shall coordinate
with the eligible student's school district of residence as necessary for the
development of the IEP.
(9)
Teachers shall be assigned for provision of educational services in accordance
with the appropriate class size and teacher/student ratio.
(10) The facility shall provide assistance in
severe, disruptive situations and will provide supervision of out-of-classroom
suspension, time-out, and detention during school and, when requested by the
assigned education personnel, will intervene in matters of discipline, unless
otherwise agreed to in the contract.
(f) State licensed or operated emergency shelters. The local school district is not required to enter into a contract with a residential care, treatment, or emergency shelter unless it is state licensed or state operated.
(g) Education to Students in Jail.
(1) Each school district in the
state with a city, county, or state jail within the district's boundaries shall
designate an employee or employees of the school district who will be
responsible for overseeing the educational services to eligible juveniles
identified by the facility. While incarcerated in a jail, the student shall be
considered a resident of the school district where the jail is located.
(2) Once an employee is designated
by the school district that person shall immediately contact the individual in
charge of the operation of the jail or jails within the boundaries of the
school district and provide them with information regarding the requirements of
this rule.
(3) When a school
district receives notification of the need for educational services from a
facility incarcerating a juvenile, the school district shall provide the
juvenile with an appropriate education plan designed for the possible
reintegration of the student into school, which must include the core subjects.
The education plan contemplated by this rule corresponds to the education plan
referenced in the Oklahoma School Laws at 70 O.S. §
24-101.3(D)
for students suspended from school. A copy of the education plan developed by
the school district shall be provided to the facility and to the juvenile and a
copy shall be kept on file by the school district. For purposes of this rule
the core units shall consist of English, Math, Science, Social Studies, and Art
units required by the State Board of Education.
(4) The education plan shall set out the
procedure the school district and the facility will utilize for the provision
of educational services to the juvenile and will address academic credit for
work satisfactorily completed. These procedures and requirements apply to
facilities which do not have in place, on the effective date of this rule, a
plan for educational services of incarcerated juveniles.
(5) The provisions of residency law at 70
O.S. §
1-113
addressing responsibility for educational services to juveniles in facilities
located within the boundaries of the school district prevail over the
requirements set forth in this rule.
(h) Accreditation standards monitoring. The educational program of each school district providing educational services for students placed in a facility located in the school district shall be monitored by the State Department of Education. The department shall determine if the educational program is in compliance with State Board of Education regulations. The recommended accreditation status shall be reported to the State Board of Education.
Amended at 15 Ok Reg 3529, eff 6-15-98 (emergency); Amended at 16 Ok Reg 1746, eff 6-11-99; Amended at 24 Ok Reg 575, eff 12-21-06 (emergency); Amended at 24 Ok Reg 1213, eff 5-25-07
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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