Okla. Stat. tit. 70, § 70-18-110

A. If any district, or a part of a district, becomes a part of

another district by consolidation, annexation, or otherwise, the

following procedure shall be followed, except as otherwise provided

by law, in calculating aid to the new district or districts so

formed:

1. If the action occurs after budgets have been approved by the

county excise board and the tax levies approved, the State Aid for

the current year shall be calculated for each district as it existed

prior to the annexation and prorated to the annexing district or

districts on the basis of average daily attendance.

2. If the action occurs prior to approval of the school

district budgets by the county excise board, the annexed district

shall be merged with the annexing district or districts and State

Aid shall be calculated according to the formula provided by this

title.

B. Any school district that does not maintain school for a full

term pursuant to Section 1-109 of this title shall have its State

Aid reduced proportionately unless it has received written approval

to maintain school for less than a full term from the State Board of

Oklahoma Statutes - Title 70. Schools Page 823

Education. The State Board of Education shall not approve any

request to maintain school for less than a full term unless such

request meets the requirements of Section 1-109 of this title.

C. 1. If a school district operates a school located in a

state institution, as described in subsection E of Section 1-113 of

this title, for the pupils of school age residing in such

institution, the membership of such children shall be included in

the membership of such school district for the purpose of

calculating State Aid of the district.

2. If a school district provides education to children in out-

of-home placements who are not residents of the school district in

which an entity is located pursuant to the provisions of subsections

D and F of Section 1-113 of this title, the membership and out-of-

home placement pupil weight for such student shall be included in

the membership of the district providing the education for the

purposes of calculating State Aid.

D. Upon determination by the Finance Division of the State

Department of Education that a legal residence for a child placed in

an out-of-home placement cannot be identified, the district in which

the placement is located shall be the district of residence and the

average daily membership of such child shall be credited to such

district.

E. If any school district shall fail, neglect or refuse, for

any reason whatsoever, to provide special education and related

services for a child with disabilities, certified as such by

competent authorities and residing in such district, as directed in

Section 13-101 of this title, the following is hereby authorized:

1. Such child shall be entitled, upon petition by the child's

parent or guardian, without consent or approval of the school

district not providing special education and related services, to

transfer to any adjacent or nearby school district which will accept

the child with disabilities and provide the special education and

related services which such child is entitled to receive.

Notwithstanding the provisions of the Education Open Transfer Act, a

school district in which a child transferring under this section

resides shall pay to the district receiving and educating such

child, as tuition, a special education transfer fee as provided in

paragraph 2 of this subsection. Provided the average daily

membership of such child shall be credited to the resident district

of such transferee.

2. The special education transfer fee shall be the per capita

cost of the receiving district for current expenditures for the

special education and related services of such child with

disabilities based upon the cost of teachers, equipment, material,

and special costs associated with the special education class.
hip of such child shall be credited to the resident district

of such transferee.

2. The special education transfer fee shall be the per capita

cost of the receiving district for current expenditures for the

special education and related services of such child with

disabilities based upon the cost of teachers, equipment, material,

and special costs associated with the special education class.

3. It shall be the duty of the school district from which such

child with disabilities transfers to appropriate and pay such

Oklahoma Statutes - Title 70. Schools Page 824

special education transfer fee to the district which receives and

educates such child. If a school district owing such special

education transfer fees shall fail, neglect or refuse for any reason

whatsoever to appropriate and pay such special education transfer

fees, then the school district entitled to receive such fees shall

certify such fact to the Finance Division of the State Department of

Education. Upon receipt of such certification, the Finance Division

shall deduct the amount of the special education fee from any State

Foundation Program or Incentive Aid otherwise due the sending

district and transmit such amount to the receiving district.

4. The sending school district shall also be obligated to pay

the special education transfer fee, notwithstanding the provisions

of the Education Open Transfer Act:

a. whenever a student who resides in the district is

transferred to another school district for purposes

other than to acquire special education,

b. the student is subsequently found to require such

special education and related services,

c. the student is determined to be eligible by the

Special Education Division of the State Department of

Education, and

d. the student is placed in an appropriate special

education program by the receiving school district.

For purposes of this paragraph, the special education transfer fee

shall be as provided by paragraph 2 of this subsection, prorated by

the receiving school district according to the number of days the

student has been enrolled in the special education program. The

receiving district shall notify the sending district immediately

upon finding that the student requires special education and related

services and the sending district shall participate in planning the

student's Individualized Education Program (IEP) and in subsequent

reviews of the program in accordance with the Individuals with

Disabilities Education Act (IDEA).