Okla. Stat. tit. 70, § 70-13-103

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:

Oklahoma Statutes - Title 70. Schools Page 614

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
. 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.

Oklahoma Statutes - Title 70. Schools Page 615

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.