Okla. Stat. tit. 70, § 70-1-114

- Enrollment in kindergarten and first grade - Nonresident tuition

fee.

A. All children between the ages of five (5) years on or before

September 1 and twenty-one (21) years on or before September 1 shall

be entitled to attend school free of charge in the district in which

they reside.

B. All children who are at least four (4) years of age but not

more than five (5) years of age on or before September 1 and who

have not attended a public school kindergarten shall be entitled to

attend half-day or full-day early childhood programs at any public

school in the state where such programs are offered; provided, no

child shall be required to attend any early childhood education

program. The following paragraphs shall govern early childhood

programs:

1. Children who are at least four (4) years of age but not more

than five (5) years of age on or before September 1 shall be

entitled to attend either half-day or full-day early childhood

programs in their district of residence free of charge as long as

the district has the physical facilities and teaching personnel to

accommodate the child. For purposes of calculation of State Aid,

children in an early childhood education program shall be included

in the average daily membership of the district providing the

program;

2. A child who has not reached the age of five (5) years on or

before September 1 and who resides in a district which does not

offer an early childhood program shall be eligible for transfer to a

district where an early childhood program is offered if the district

that offers the early childhood program has the capacity to accept

the child as provided for in the Education Open Transfer Act. A

district offering early childhood programs may refuse to accept a

nonresident child if the district does not have the capacity to

accommodate the child in an early childhood education class, as

provided for in the Education Open Transfer Act. If the child

requesting the transfer has not reached the age of four (4) years on

or before September 1, the district may refuse to accept the

Oklahoma Statutes - Title 70. Schools Page 106

nonresident child if the district determines the child is not ready

for an early childhood program. Children who are accepted in a

program outside their district of residence as provided in this

paragraph shall be included in the average daily membership of the

district providing the program for State Aid funding subject to the

State Aid formula weight limitations set forth in paragraph 1 of

this subsection; and

3. The State Board of Education shall promulgate rules that

create exemptions relating to the maximum age at which a child may

attend half-day or full-day early childhood programs.

C. No child shall be enrolled in kindergarten unless he or she

will have reached the age of five (5) years on or before September 1

of the school year. No child shall be enrolled in the first grade

unless he or she will have reached the age of six (6) years on or

before September 1 of the school year.

D. 1. No nonresident and nontransferred pupil shall be allowed

to attend school in any school district unless a tuition fee equal

to the per capita cost of education for a similar period in such

district during the preceding year has been paid to the receiving

district in advance yearly or by semester as determined by the

district board of education of the receiving district. If the State

Board of Education discovers that the attendance has been allowed

without prior payment of the tuition fee in advance as required, no

further payment of any State Aid funds shall be made to the district

until the district has shown to the satisfaction of the State Board

of Education that all tuition fees have been paid or that the pupil

will no longer be allowed to attend school until the required

tuition fee has been paid.

2. The provisions of paragraph 1 of this subsection shall not
tuition fee in advance as required, no

further payment of any State Aid funds shall be made to the district

until the district has shown to the satisfaction of the State Board

of Education that all tuition fees have been paid or that the pupil

will no longer be allowed to attend school until the required

tuition fee has been paid.

2. The provisions of paragraph 1 of this subsection shall not

apply to a school district that enrolls nonresident students from a

contiguous, out-of-state school district if the district:

a. does not receive payment of any State Aid funds, and

b. has a per-pupil expenditure, as defined by Section 1-

124 of this title, that is above the state average

per-pupil expenditure.

A nonresident student whose resident district, as determined by

Section 1-113 of this title, is not within this state shall not be

eligible for State Aid. No local funding associated with the

nonresident student’s out-of-state resident district shall be

allocated or transferred to the receiving school district.

E. Any parent, guardian, person, or institution having care and

custody of a child who pays ad valorem tax on real property in any

other school district other than that in which that person resides

may, with the approval of the receiving school district, enroll the

child in any school district in which ad valorem tax is paid and

receive a credit on the nonresident tuition fee equal to the amount

of the ad valorem tax paid for school district purposes in the

Oklahoma Statutes - Title 70. Schools Page 107

school district in which the child is enrolled. Provided, the

credit shall not exceed the total amount required for the tuition

payment.