§ 70-13-103 — Authorized services and transfers for students with

disabilities — Annual report on transfers — Audits. A. Any school district in the state may provide suitable facilities and employ qualified teachers and therapists for students with disabilities, either in schools, classrooms, or in other places as the board of education of the district may deem advisable. When a school district cannot provide special educational facilities and qualified teachers, a student may be transferred pursuant to the provisions of paragraph 4 of Section 13-101 of this title. B. If a student with disabilities is transferred to a school district other than the district of residence of the student pursuant to the Education Open Transfer Act the following provisions shall apply: 1. The receiving district shall establish availability of the appropriate program, staff, and services prior to approval of the transfer; 2. Prior to the approval of the transfer of a student on an individualized education program (IEP), a joint IEP conference shall be required between the district of residence and the receiving district; and 3. Upon approval of the transfer, the receiving district shall claim the student in the average daily membership for state and federal funding purposes and shall assume all responsibility for education of the student. For state funding purposes, the State Department of Education shall include the appropriate grade level weight and all category weights to which the student is assigned pursuant to the provisions of Section 18-201.1 of this title when calculating State Aid pursuant to the provisions of Section 18-200.1 of this title, regardless of whether the receiving district provides education to the student using traditional in-class means or via online instruction. When applicable, the receiving district may apply to the Oklahoma Special Education Assistance Fund for assistance in meeting any extraordinary costs incurred. C. If a request to transfer a student with disabilities to a school district other than the district of residence of the student pursuant to the Education Open Transfer Act is denied, the following provisions shall apply: 1. The parent or legal guardian of a student with disabilities or an adult student with disabilities who is age eighteen (18) or older but under the age of twenty-two (22) may appeal the denial within ten (10) days of notification of the denial to the receiving school district board of education. The receiving school district board of education shall consider the appeal at its next regularly scheduled board meeting; and 2. If the receiving school district board of education denies the appeal, the parent or legal guardian of the student with disabilities or an adult student with disabilities who is age eighteen (18) or older but under the age of twenty-two (22) may appeal the denial within ten (10) days of notification of the appeal denial to the State Board of Education. The parent or legal guardian of the student with disabilities or the adult student with disabilities shall submit to the State Board of Education and the superintendent of the receiving school district a notice of appeal on a form prescribed by the State Board of Education. The appeal shall be considered by the State Board of Education at its next regularly scheduled meeting, where the parent or legal guardian of the student with disabilities or the adult student with disabilities and a representative from the receiving school district may address the Board. The State Board of Education shall promulgate rules to establish the appeals process authorized by this subsection which shall align with rules promulgated pursuant to Section 8-101.2 of this title. D. Transfers authorized by this section shall be made under rules adopted by the State Board of Education. When a student with disabilities or pregnant student is unable to attend any school or class in the district of residency, the board of education of the district may provide for home instruction for the student. The State Board of Education is further authorized to cooperate with any school district in the state to make it possible for a student with disabilities to attend the regular school by making special provisions for the transportation of the student, or for special equipment, devices, books, supplies or other facilities, or for special instruction within the regular school building. The provisions for services and transfers as provided for in this section shall be made with consideration of the least restrictive environment and IEP requirements under the Individuals with Disabilities Education Act (IDEA). E. Beginning with the 2008-2009 school year, a transfer granted for a student with disabilities pursuant to paragraph 4 of Section 13-101 of this title for three (3) consecutive years to the same school district shall automatically be renewed each year. The district in which the student resides shall continue to pay tuition as provided for in paragraph 4 of Section 13-101 of this title. F. Each school district board of education shall annually submit to the State Department of Education the number of transfer requests for students with disabilities approved and denied and whether each denial was based on availability of programs, staff, or services. The State Department of Education shall publish the data on its website and make the data available to the Office of Educational Quality and Accountability. G. Each year, the Office of Educational Quality and Accountability shall randomly select ten percent (10%) of the school districts in the state and conduct an audit of each district’s approved and denied transfers of students with disabilities. If the Office finds inaccurate reporting, the school district shall comply with the changes recommended in the audit. Nothing shall prohibit the Office from conducting the audit required by this subsection in conjunction with the audit required by subsection G of Section 8- 101.2 of this title.

Legislative History

Added by Laws 1971, c. 281, § 13-103, eff. July 2, 1971. Amended by Laws 1993, c. 116, § 3, eff. July 1, 1993; Laws 1999, c. 320, § 28, eff. July 1, 1999; Laws 2008, c. 185, § 1, eff. July 1, 2008; Laws 2010, c. 478, § 1, eff. July 1, 2010; Laws 2024, c. 368, § 2, emerg. eff. May 31, 2024.