Oklahoma Administrative Code
Title 210 - State Department of Education
Chapter 10 - School Administration and Instructional Services
Subchapter 1 - General Provisions
Section 210:10-1-19 - Special education and gifted education transfers
Universal Citation: OK Admin Code 210:10-1-19
Current through Vol. 42, No. 1, September 16, 2024
(a) It shall be the duty of each school district to provide special education and related services for all children with disabilities who reside in that school district in accordance with the Individuals with Disabilities Education Act (IDEA), U.S.C. §§ 1400, et seq. A school district/LEA may fulfill this duty, to provide FAPE, by one of the following:
(1)
The district directly providing special education for such children;
(2) The district joining a cooperative
program with another district or districts to provide special
education;
(3) The district joining
in a written agreement with a private or public institution, licensed
residential childcare and treatment facility or day treatment facility within
the district to provide special education and related services to students with
disabilities;
(4) The district
entering into a written agreement with another school district whereby the
resident district agrees that the receiving school district will provide FAPE
to an eligible student with a disability on behalf of the resident district.
This agreement is an IEP Service Agreement, entered into solely for the purpose
of providing special education and related services (FAPE) to an eligible
student with a disability. In this case, all funds remain with the resident
school district, which agrees to pay tuition to the receiving district.
Further, the average daily membership (ADM) of the student is credited to the
resident district. The resident district has the responsibility to provide
FAPE, special education and related services, including transportation for
students serviced pursuant to this provision. Representatives of the resident
district are responsible for the development and implementation of the IEP and
must be provided the opportunity to participate in all IEP meetings. In the
event of a due process complaint, the resident district retains responsibility.
(A) IEP Service Agreements entered into
pursuant to this section for three (3) consecutive years to the same school
district shall lead to automatic renewal of the agreement each year. In these
cases, the resident district shall continue to pay tuition as provided by law.
Automatic renewal occurs only in cases where districts have entered into IEP
Service Agreements.
(B) IEP Service
Agreements are granted by approval of both the resident and receiving school
districts. Such agreements shall be memorialized in writing and documented in
State Department of Education's student information system. This agreement
should not be documented as a transfer pursuant to the Education Open Transfer
Act.
(b) All transfers involving a student with disabilities are transfers and shall be conducted in accordance with the Education Open Transfer Act, 70 O.S. § 13-101, et seq., and State Department of Education rules. Transfers granted to students who are incidentally special needs students shall be governed by OAC 210:10-1-18 and governing state law. Consideration shall be given to the original purpose of the transfer.
(1) In the event a student with
disabilities requests a transfer for any reason other than to receive FAPE, the
following provisions shall apply:
(A) The
receiving school district shall establish availability of the appropriate
program, staff, and services prior to the approval of the transfer;
and
(B) The receiving school
district shall consult the resident school district and the parents of the
student to determine how FAPE will be provided to the student. Services
comparable to those described in the IEP shall be provided until the receiving
school district adopts the child's IEP from the resident district or develops,
adopts and implements a new IEP that meets IDEA requirements.
(2) Upon approval of the transfer
pursuant to the Education Open Transfer Act, the receiving district shall claim
the child in the average daily attendance for membership (ADM) for state and
federal funding purposes and shall assume responsibility for education of the
child. For state funding purposes, the State Department of Education shall
include the appropriate grade level weight and all category weights to which
the pupil is assigned to calculate State Aid pursuant to 70 O.S. §
18-200.1,
et seq.
(c) In the event of an IEP Service Agreement, it is the responsibility of the resident school district to provide transportation to a child who has been granted a transfer for the purpose of providing a free appropriate public education (FAPE). In the event of an open transfer, the receiving school district is responsible for providing transportation if necessary to provide FAPE to the student with a disability.
(1) The need for transportation
must be determined on an individualized basis by the IEP team. If the IEP team
determines that transportation is a related service the child needs in order to
access FAPE, then the service will be provided regardless of the distance the
child resides from the school. The need for, frequency, and duration of these
services must not be determined by the category of disability, the availability
of services, or the distance the child lives from the school where the special
education program is to be delivered. If the child requires transportation to
receive, benefit from, or obtain access to a special education program, the
district shall provide it at no cost to the student. When possible, children on
an IEP should be transported with nondisabled peers.
(A) Under federal regulations, transportation
and such developmental, corrective, and other supportive services may be
required for a child with a disability to benefit from special education.
Transportation includes travel to and from school and between schools, travel
in and around school buildings, and specialized equipment required to provide
transportation to a child with disability, such as special or adapted buses,
lifts, and ramps.
(B) The provision
of transportation for preschool children with disabilities must be considered
on an individual basis by the IEP team. The team must consider transporting a
preschool aged child to the site where special education and related services
are provided, if that site is different from the site at which the child
receives other preschool services.
(C) The school district may provide
transportation services directly or contract with parents or some other person
to furnish transportation. The miles driven and cost per mile to be paid by the
school district should be specified in the IEP. Based on a mutual agreement
between two school districts, a school district offering special education
classes may extend its transportation services to include the transportation of
children qualifying for special education in an adjacent district that does not
offer special education classes.
(D) Children with disabilities are entitled
to the same length of school day offered to all children as established in
Oklahoma state law. Transportation, scheduling, or administrative conveniences
are not acceptable reasons for students with disabilities to have shortened
school days. Additionally, academic schedules may not be lengthened or
shortened to accommodate transportation.
(2) Independent school districts are
responsible for providing FAPE to children aged three (3) through twenty-one
(21) years old. Elementary school districts are responsible for providing FAPE
to children aged three (3) through the highest-grade level of the school. A
school district's responsibility to provide transportation to children with
disabilities extends to the grade offered by that school district.
(A) If a child transfers to an independent
school district upon completion of the highest grade offered by an elementary
school district, and the student lives within the independent school's
transportation area, that independent district must provide transportation for
that child.
(B) Other independent
school districts may also enroll any transferred high school child, but they
are not required to provide this transportation service outside their
transportation area.
(C) In the
event that transportation is included as a related service in the IEP and the
IEP is reviewed and adopted by the receiving independent school district, the
receiving school district will be required to provide transportation regardless
of the transportation area where the child resides.
(d) It shall be the duty of each school district to provide gifted child educational programs and to serve those children, as defined in 70 O.S. § 1210 . 307. This duty may be satisfied by:
(1) The district directly providing
gifted child educational programs for such children;
(2) The district joining in a cooperative
program with another district or districts to provide gifted child educational
programs for such children;
(3) The
district joining in a cooperative program with a private or public institution
within such district; or
(4) The
district entering into a written agreement with another school district whereby
the resident district agrees that the receiving school district will provide
appropriate gifted child educational programs.
(A) No transfer shall be made without the
consent of the board of education of the receiving school district;
(B) The resident school district shall
provide transportation for the transferred student; and
(C) The resident school district shall pay an
amount of tuition equal to the proportion of the operating costs of the program
to the receiving district
Added at 29 Ok Reg 971, eff 6-26-12
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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