School Laws of Oklahoma
Chapter 1 - Oklahoma School Code
Article XII: Special Education for Exceptional Children
Section 264. Programs for Children with Disabilities. (70 O.S. § 13-101)
The several school districts of Oklahoma are hereby authorized to provide special education and related services necessary for children with disabilities as hereinafter defined. Two or more school districts may establish cooperative programs of special education for children with disabilities when such arrangement is approved by the State Board of Education. Funds may be expended for school services for an additional period during the summer months for approved programs for qualified children with disabilities, provided their individualized education program (I.E.P.) states the need for extended school year special education and related services. Children with disabilities shall mean children, as defined in the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17, who are three (3) years of age.
Provided, on and after July 1, 1991, children from age birth through two (2) years (0-36 months) of age who meet the eligibility criteria specified in Section 13-123 of this title, shall be served pursuant to the provisions of the Oklahoma Early Intervention Act. The attendance of said children in special education classes shall be included in the average daily membership computations for State Aid purposes.
The State Board of Education is authorized to modify and redefine by regulation the eligibility definitions whenever such modification is required to receive federal assistance under the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17. Rules developed pursuant to Section 18-109.5 of this title shall provide for such modification and revised definitions.
It shall be the duty of each school district to provide special education and related services for all children with disabilities as herein defined who reside in that school district in accordance with the Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17. This duty may be satisfied by:
1. The district directly providing special education for such children;
2. The district joining in a cooperative program with another district or districts to provide special education for such children;
3. The district joining in a written agreement with a private or public institution, licensed residential child care and treatment facility or day treatment facility within such district to provide special education for children who are deaf or hard-of-hearing, children who are blind or partially blind or other eligible children with disabilities; or
4. Transferring eligible children and youth with disabilities to other school districts which accept them and provide special education and related services for such children, with the district in which the child resides paying tuition therefor as hereinafter provided. For those students who transfer pursuant to the provisions of the Education Open Transfer Act, the receiving school district shall assume all responsibility for education and shall count the student for federal and state funding purposes according to the provisions of subsection B of Section 13-103 of this title.
If the educational services provided by the school district to eligible group home residents include special education services and related services, the services must meet the requirements of the Department of Education's Policies and Procedures for Special Education in Oklahoma. Special education services and related services may include services provided by a school district on-site at a group home for eligible children if indicated in an IEP. (AG Op. No. 09-15)
If a particular therapy, treatment, or support service is not required by an IEP or the school district does not otherwise agree to bear the costs, then the group home provider is responsible for the costs associated with the service. (AG Op. No. 09-15)
A procedural violation of IDEA does not deny a student an educational opportunity, or a free and appropriate education, and thus entitle parents to reimbursement, where the parents did not meaningfully participate in the IEP development process. As the IDEA defines an IEP as a written document, a court should consider only the written IEP when analyzing whether the IEP substantively complies with the IDEA. Sytsema v. Academy School District No. 20, 538 F.3d 1306 (10th Cir.2008)
Section 264.1. Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. (70 O.S. § 13-101.1)
This act shall be known and may be cited as the “Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act”.
Section 264.2. Lindsey Nicole Henry Scholarships – Implementation. (70 O.S. § 13-101.2)
A. There is hereby created the Lindsey Nicole Henry Scholarships for Students with Disabilities Program. The Lindsey Nicole Henry Scholarships for Students with Disabilities Program is established to provide a scholarship to a private school of choice for students with disabilities for whom an individualized education program (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA) has been developed at any time prior to notifying the State Department of Education of the intent to participate in the Program and the IEP is in effect at the time the request for a scholarship is received by the State Department of Education. Scholarships shall be awarded beginning with the 2010- 2011 school year.
B. The parent or legal guardian of a public school student with a disability may exercise their parental option and request to have a Lindsey Nicole Henry Scholarship awarded for the child to enroll in and attend a private school in accordance with this section and the scholarship shall be awarded if:
1. The student has spent the prior school year in attendance at a public school in this state. For purposes of this section, “prior school year in attendance” means that the student was enrolled in and reported by a school district for funding purposes during the preceding school year regardless of whether or not the student had an IEP at the time the student was counted for funding purposes. A student who is a child of a member of the United States Armed Forces who transfers to a school in this state from out of state or from a foreign country pursuant to a permanent change of station orders of the parent shall be exempt from the requirements of this paragraph but shall be required to meet all other eligibility requirements to participate as provided for in this section; and
2. The parent or legal guardian has obtained acceptance for admission of the student to a private school that is eligible for the program as provided in subsection H of this section and has notified the State Department of Education of the request for a scholarship no later than December 1 of the school year during which the scholarship is requested. The request shall be through a communication directly to the Department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The Department shall notify the school district upon receipt of the request. For purposes of continuity of educational choice, the scholarship shall remain in force until the student returns to a public school, graduates from high school or reaches the age of twenty-two (22), whichever occurs first At any time, the parent or legal guardian of the student may remove the student from the private school and place the student in another private school that is eligible for the program as provided in subsection H of this section or place the student in a public school.
C. A student shall be eligible for a scholarship if the parent or legal guardian of the student made a request for a scholarship for the 2010-2011 school year and the student transferred to an eligible private school but was subsequently denied a scholarship because the student did not have an IEP in effect on October 1, 2009, but did meet all other eligibility requirements as set forth in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act.
D. A student shall not be eligible for a Lindsey Nicole Henry Scholarship if the student is not having regular and direct contact with the private school teachers at the physical location of the private school.
E. School districts shall notify the parent or legal guardian of a public school student with a disability of all options available pursuant to this section and inform the parent or legal guardian of the availability of information about the program from the State Department of Education through the toll-free telephone number or website. The notification shall be provided with or included in the copy of the “Parents Rights in Special Education: Notice of Procedural Safeguards” document given to parents at least annually or as otherwise required by law.
F.
1. Acceptance of a Lindsey Nicole Henry Scholarship shall have the same effect as a parental revocation of consent to service pursuant to 20 U.S.C., Sections 1414(a) (1) (D) and 1414 (C) of the IDEA.
2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the parent or legal guardian shall assume full financial responsibility for the education of the student, including but not limited to transportation to and from the private school.
G. If the parent or legal guardian requests a Lindsey Nicole Henry Scholarship and the student is accepted by the private school pending the availability of a space for the student, the parent or legal guardian of the student shall notify the State Department of Education before entering the private school and before December 1 in order to be eligible for the scholarship during the school year when a space becomes available for the student in the private school. If notification is made after December 1, payment of the scholarship shall not begin until the next school year.
H. To be eligible to participate in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program, a private school shall notify the State Department of Education of its intent to participate. The notice shall specify the grade levels and services that the private school has available for students with disabilities who are participating in the scholarship program. The State Department of Education shall approve a private school as eligible to participate in the scholarship program upon determination that the private school:
1. Meets the accreditation requirements set by the State Board of Education or another accrediting association approved by the State Board of Education;
2. Demonstrates fiscal soundness by having been in operation for one (1) school year or providing the State Department of Education with a statement by a certified public accountant confirming that the private school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming year by serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. In lieu of a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the Department;
3. Complies with the antidiscrimination provisions of 42 U.S.C., Section 2000d;
4. Meets state and local health and safety laws and codes;
5. Will be academically accountable to the parent or legal guardian for meeting the educational needs of the student;
6. Employs or contracts with teachers who hold baccalaureate or higher degrees, or have at least three (3) years of teaching experience in public or private schools, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught;
7. Complies with all state laws relating to general regulation of private schools; and
8. Adheres to the tenets of its published disciplinary procedures prior to the expulsion of a scholarship student.
I.
1. Lindsey Nicole Henry Scholarship Program participants shall comply with the following:
a. the parent or legal guardian shall select the private school from the schools approved for eligibility pursuant to subsection H of this section and apply for the admission of the child,
b. the parent or legal guardian shall request the scholarship no later than December 1 of the school year during which the scholarship is requested,
c. any student participating in the scholarship program shall attend throughout the school year, unless excused by the school for illness or other good cause, and shall comply fully with the code of conduct for the school,
d. the parent or legal guardian shall fully comply with the parental involvement requirements of the private school, unless excused by the school for illness or other good cause, and
e. upon issuance of a scholarship warrant, the parent or legal guardian to whom the warrant is made shall restrictively endorse the warrant to the private school for deposit into the account of the private school. The parent or legal guardian may not designate any entity or individual associated with the private school as the attorney in fact for the parent or legal guardian to endorse a warrant. A parent or legal guardian who fails to comply with this subparagraph shall forfeit the scholarship.
2. A participant who fails to comply with this subsection forfeits the scholarship.
J. Provisions governing payment of a Lindsey Nicole Henry Scholarship shall be as follows:
1. The State Department of Education shall calculate the total cost of all scholarships for all eligible students in the state. The State Department of Education shall then reserve or retain from the total amount appropriated to the State Board of Education for State Aid purposes and any other revenue available for allocation for State Aid purposes the total cost for all scholarship payments;
2. The maximum scholarship granted for an eligible student with disabilities shall be a calculated amount equivalent to the total State Aid factors for the applicable school year multiplied by the grade and disability weights generated by that student for the applicable school year. The disability weights used in calculating the scholarship amount shall include all disability weights which correspond to the disabilities included in the multidisciplinary evaluation and eligibility group summary for the student at the time the request for a scholarship is made by the parent or legal guardian. The maximum scholarship amount shall be calculated by the State Board of Education for each year the student is participating in the scholarship program;
3. The amount of the scholarship shall be the amount calculated in paragraph 2 of this subsection or the amount of tuition and fees for the private school, whichever is less, minus up to two and one-half percent (2 1/2%) of the scholarship amount which may be retained by the State Department of Education as a fee for administrative services rendered. The amount of any assessment fee required by the private school and the amount associated with providing services and therapies to address the disabilities of the student may be paid from the total amount of the scholarship. The amount of the scholarship shall be prorated to reflect the number of days remaining in the current school year, if the scholarship request is granted after the beginning of the school year;
4. The State Department of Education shall notify the private school of the amount of the scholarship within ten (10) days after receiving the request for a scholarship, when the total State Aid factors have been determined for the current fiscal year. The initial payment shall be made after the Department verifies admission acceptance and enrollment. Quarterly payments shall be made upon verification of continued enrollment and attendance at the private school. Payment shall be made by the Department with an individual warrant made payable to the parent or legal guardian of the student and mailed by the Department to the private school that the parent or legal guardian chooses. The parent or legal guardian shall restrictively endorse the warrant to the private school for deposit into the account of the private school;
5. The State Department of Education shall not be responsible for any additional costs associated with special education and related services incurred by the private school for the student including the cost of teachers, equipment, material, and special costs associated with the special education class;
6. The State Department of Education shall establish a toll-free telephone number or website that provides parents or legal guardians and private schools with information about the program;
7. The State Department of Education shall require an annual, notarized, sworn compliance statement by participating private schools certifying compliance with state laws and shall retain all records received from a participating private school; and
8. The State Department of Education shall cross-check the list of participating scholarship students with the public school enrollments prior to each scholarship payment to avoid duplication.
K.
1. The State Superintendent of Public Instruction shall deny, suspend, or revoke the participation of a private school in the scholarship program if it is determined that the private school has failed to comply with the provisions of this section. However, in instances in which the noncompliance is correctable within a reasonable amount of time and in which the health, safety, or welfare of the students is not threatened, the Superintendent may issue a notice of noncompliance which shall provide the private school with a time frame within which to provide evidence of compliance prior to taking action to suspend or revoke participation in the scholarship program.
2. If the Superintendent intends to deny, suspend, or revoke the participation of a private school in the scholarship program, the Department shall notify the private school of the proposed action in writing by certified mail and regular mail to the private school's address of record with the Department. The Department shall also notify any parents or legal guardians of scholarship students attending the private school. The notification shall include the reasons for the proposed action and notice of the timelines and procedures set forth in this subsection.
3. The private school that is adversely affected by the proposed action shall have fifteen (15) days from receipt of the notice of proposed action to file with the Department a request for an administrative hearing proceeding pursuant to the Administrative Procedures Act.
4. Upon receipt of a request for a hearing, the State Board of Education shall commence a hearing within sixty (60) days after the receipt of the formal written request and enter an order within thirty (30) days after the hearing.
5. The Board may immediately suspend payment of scholarship funds if it is determined that there is probable cause to believe that there is an imminent threat to the health, safety, or welfare of the students or fraudulent activity on the part of the private school.
L. No liability shall arise on the part of the state, the State Board of Education, the State Department of Education or a school district based on the award or use of any scholarship provided through the Lindsey Nicole Henry Scholarships for Students with Disabilities Program.
M. The inclusion of private schools within options available to public school students in Oklahoma shall not expand the regulatory authority of the state or any school district to impose any additional regulation of private schools beyond those reasonably necessary to enforce the requirements expressly set forth in this section.
N. If the State Department of Education determines that a school district prior to the effective date of this act has failed to comply with the provisions of the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act and has failed to make full or partial scholarship payments for eligible students, the Department shall have authority to reduce the amount of State Aid allocated to the school district or require the school district to make repayment to the Department of State Aid allocations in an amount equal to the amount of scholarship payments the school district failed to make. The Department shall make payment to the parent or legal guardian in the amount the school district failed to make in the manner as provided for in subsection J of this section.
Note: Amended by HB 1744, Sec. 1 of the 2011 Reg. Sess.
School Laws of Oklahoma | Chapter 1 - Oklahoma School Code | Article XII: Special Education for Exceptional Children | Return to Top of Page
Section 265. Eligible Minimum Period of Attendance. (70 O.S. § 13-102)
The determination whether a child is eligible for special education and related services shall be the responsibility of the multidisciplinary evaluation team of the school district in which such child has legal residence in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476 and the rules approved by the State Board of Education. The eligibility of children with disabilities shall be reevaluated at least once every three (3) years or more frequently if conditions warrant or if the parent or teacher of the child requests an evaluation as required under the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476.
Any child determined to be eligible shall be permitted to receive such special education and related services for a minimum period of twelve (12) years. Successful completion of a secondary education program must be determined through the individualized education program (IEP) and transcript records of the student. Eligibility special education and related services shall cease upon a determination and documentation of graduation or completion of a secondary education program in accordance with the IEP.
Section 266. Authorized Provisions for Education of Exceptional Children. (70 O.S. § 13-103)
A. Any school district in the state may provide suitable facilities and employ qualified teachers and therapists for children 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 child may be transferred pursuant to the provisions of paragraph 4 of Section 13-101 of this title.
B. If a child with disabilities is transferred to a school district other than the district of residence of the child 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 child 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 child in the average daily membership for state and federal funding purposes and shall assume all 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 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. Transfers authorized by this section shall be made under rules adopted by the State Board of Education. When a child with disabilities or pregnant child 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 child. The State Board of Education is further authorized to cooperate with any school district in the state to make it possible for a child with disabilities to attend the regular school by making special provisions for the transportation of the child, 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).
D. Beginning with the 2008-2009 school year, a transfer granted for a child 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 child resides shall continue to pay tuition as provided for in paragraph 4 of Section 13-101 of this title.
Provisions of this Section as to transfers of exceptional children supersede general school transfer statutes. January 13, 1984 (AG No. Op 83-79)
Section 267. Special Classes or Individual Instruction for Children in Institutions. (70 O.S. § 13-104)
Special classes or individual instruction provided for pretubercular, tubercular, convalescent or other eligible children with orthopedic impairment or other health impairments hospitals, sanatoriums and preventoriums may be maintained by a school district in such institutions within or without the boundaries of such district, and the attendance of pupils therein shall be credited to the district providing such instruction. School districts and such institutions shall enter into written agreements which describe the financial and service responsibilities of each in accordance with state and federal regulations.
Section 268. Qualifications of Teachers and Minimum Requirements. (70 O.S. § 13-105)
A. The State Board of Education is hereby authorized in accordance with state and federal law to determine and prescribe the qualifications of all persons who teach children with disabilities, to define, classify and determine standards of eligibility of all children with disabilities to receive special education and related services, to fix minimum requirements for special education and related services of children with disabilities, and to make such rules as it deems necessary for the teaching of children with disabilities.
B. The State Board of Education shall offer all support personnel, including but not limited to assistants who work with a trained paraprofessional or special education teacher for children with multiple disabilities or deaf-blindness, the same training and education as the trained paraprofessional is required to complete.
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Section 269. State Appropriations - Distribution. (70 O.S. § 13-106)
State monies appropriated to carry out the provisions of laws dealing with the education of children with disabilities shall be apportioned by the State Board of Education among the various school districts of the state providing such education for children with disabilities in accordance with Section 18-201 of this title and with the standards and rules prescribed by the State Board of Education.
Section 270. Federal Funds. (70 O.S. § 13-107)
The State Board of Education is hereby empowered to accept and disburse any grants or funds that may be matched by or received from the federal government for the education of exceptional children and to make necessary rules and regulations for such purpose.
Section 271. State Funds - Allowances for Special Education. (70 O.S. § 13-108)
A. The State Board of Education is hereby authorized to establish all necessary rules and set the rate of reimbursement for physical and occupational therapists, teachers of homebound children or home-to-school telephone instruction, board and room for transferred children with disabilities to attend a special class, travel for transporting children with disabilities within or without the district, and travel for teachers who are required to travel in fulfilling the services to children with disabilities in homebound, cooperative, or county programs for children with disabilities.
B. The State Board of Education may make provisions for boarding children with disabilities who must be transferred from their home school districts to school districts providing special education and related services, but in no case shall the reimbursement from other state funds for this purpose exceed Four Hundred Fifty Dollars ($450.00) per child per year.
C. The State Board of Education may make provisions and payments therefor from other state funds for the special education of any child with deaf-blindness, deafness or blindness and a resident of the state, in any private or public institution, either inside or outside of the State of Oklahoma, but in no case shall payment from state funds for such special education and related services, including board and room for such child, exceed Five Thousand Dollars ($5,000.00) per child per year.
D. None of the funds received by a school district under the provisions of this section shall be considered as a part of the chargeable income of such district for State Aid purposes.
Handicapped children other than deaf and blind students may be placed outside of the State if necessary to comply with Federal Education For All Handicapped Children’s Act. March 18, 1983 (AG Op. No. 83-5)
Section 271.1. Education of Homebound Children Funding. (70 O.S. § 13-108.1)
If funds are appropriated to the State Board of Education for reimbursement of the costs of educating Homebound Children as authorized in Section 13-108 of this title, the funds shall be disbursed to school districts through claims filed with the State Board of Education. School districts shall reimburse the necessary travel expenses of teachers incurred in fulfilling the services to homebound children in accordance with the provisions of the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
Section 272. Personnel to Administer Article. (70 O.S. § 13-109)
A. The State Board of Education shall appoint and employ and fix the compensation and duties of necessary personnel and incur other necessary expenses, including cost of consultants, to administer and carry out the provisions of this article, and compensation and other expenses shall be paid from any funds appropriated to carry out the provisions of this article.
B.
1. The State Department of Education shall provide training to special education due process hearing or appeal officials to ensure that, at a minimum, the hearing or appeal officials possess:
a. knowledge of the provisions of the Individuals with Disabilities Education Act (IDEA), federal and state regulations pertaining to the IDEA, and legal interpretations of the IDEA by federal and state courts,
b. knowledge to conduct administrative hearings, and
c. knowledge to render and write decisions.
2. Every person serving as a special education due process hearing or appeal official shall be required to participate in, at a minimum, continuing education courses in special education law and administrative procedures annually to remain eligible for current case assignment.
Section 273. Teachers - Pay. (70 O.S. § 13-110)
Qualified and properly certified teachers of special education shall be paid a minimum of five percent (5%) above the prevailing wage paid teachers of children who are nondisabled in the same school district.
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Section 274. Register of Children With Disabilities - Needs to be Met. (70 O.S. § 13-111)
A. The State Board of Education shall:
1. Maintain a federal child count register of children with disabilities as defined by the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476, as may be amended, and the implementing federal regulations;
2. Monitor efforts of the local public schools to meet the needs of children with disabilities as provided by each such child’s Individualized Education Program; and
3. Coordinate private and public efforts, including efforts of agencies of state and local government to meet educational needs of children with disabilities.
B. The Department of Mental Health and Substance Abuse Services, the State Department of Health, the Department of Human Services, the State Department of Education, and the Oklahoma Department of Career and Technology Education shall jointly develop and implement through interagency memoranda of agreement as authorized in the Interlocal Cooperation Act, Section 1001 of Title 74 of the Oklahoma Statutes, a plan for the coordinated delivery of related services to children with disabilities pursuant to the Act for Coordination of Special Services to Children and Youth.
Section 275. Programs for Children with Visual Impairment. (70 O.S. § 13-112)
The State Board of Education is authorized to select school districts in which to establish a special education and related services program for children with visual impairments from the first grade through the ninth grade. The selection of the school districts, the establishment of the special education program and the determination of eligible children shall be in accordance with the provisions of Section 13-101 et seq. of this title, and with the rules to be adopted for such purpose by the State Board of Education.
Section 275.1 Information for Children with Visual and Auditory Impairment. (70 O.S. § 13-112.1)
A. Each school district shall provide each parent, guardian or legal custodian of a student with an auditory or visual impairment with written information during the individual education program process concerning the availability of programs offered by the Oklahoma School for the Blind and the Oklahoma School for the Deaf for which the students of the district may be eligible.
B. School districts providing special education services to students with auditory or visual impairments shall develop procedures to ensure that staff assigned to work with students have effective access to resources and information provided by the Oklahoma School for the Blind and the Oklahoma School for the Deaf.
C. The Commission for Rehabilitation Services shall adopt rules prescribing the form and content of information required by this section.
Section 276. Apportionment and Distribution of Funds. (70 O.S. § 13-113)
State monies appropriated to carry out the provisions of this act shall be apportioned by the State Board of Education among the school districts providing a special education and related services program for children with visual impairments. The apportionment and distribution of state funds shall be on a per student basis and in accordance with the rules to be adopted for such purpose by the State Board of Education.
Section 277. Oklahoma Special Education Assistance Fund. (70 O.S. § 13-114.1)
There is hereby created in the State Treasury a revolving fund for the State Board of Education to be designated the “Oklahoma Special Education Assistance Fund”. This fund shall be a continuing fund not subject to fiscal year limitations, and shall consist of all monies appropriated or transferred to the fund by the Legislature. Except as otherwise provided in this section, all monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Board of Education for the purpose of providing financial assistance to local school districts pursuant to Sections 13-114.2 through 13-114.4 of this title. For the 1992-93 school year, monies may be expended from this fund for the local and state-supported financial support of public schools. Expenditures from said fund shall be made on warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Section 278. School District Eligibility. (70 O.S. § 13-114.2)
Pursuant to rules and regulations established by the State Board of Education, a local school district serving a child eligible pursuant to Section 13-114.3 of this title, upon application to the Department of Education, may receive funds from the Oklahoma Special Education Assistance Fund, which shall be used to educate that particular child. The determination whether a school district is eligible to receive funding pursuant to the provisions of Section 13-114.1 of this title shall be made by the State Board of Education. The eligibility of a local school district which is receiving funding pursuant to the provisions of Section 13-114.1 of this title shall be reevaluated for each enrollment of a student on an educational cost basis pursuant to Section 13-114.3 of this title and any monies received from the fund adjusted accordingly.
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Section 279. Student Eligibility Criteria. (70 O.S. § 13-114.3)
A. A local school district may be eligible to receive monies from the Oklahoma Special Education Assistance Fund to defray costs of serving children who resided at Hissom Memorial Center prior to December 1, 1991, and subsequently established residency in the school district if any such children were served by the district during the 1991-92 school year including extended school year during summer 1992 or the 1992-93 school year including extended school year during summer 1993. Contingent upon available funds in the Oklahoma Special Education Assistance Fund, the district shall receive funds in the amount of the actual costs of serving each child less the district per capita and any other funding received for providing services to the child from another state agency upon timely submission of a claim for such amount, accompanied by verification of residency of each child by the school attendance officer and verification from the Department of Human Services that each child formerly resided at Hissom Memorial Center.
B. If funds remain in the Oklahoma Special Education Assistance Fund after satisfaction of all valid claims submitted pursuant to subsection A of this section, a local school district may be eligible to receive monies from the Oklahoma Special Education Assistance Fund if a child with disabilities who is being served in that school district:
1. Has been placed in out-of-home placement in an entity described in subsection D of Section 1-113 of this title;
2. Has been previously institutionalized; or
3. Requires services pursuant to an individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA) which result in extraordinary costs to the providing school district or district of residence. The State Board of Education may promulgate rules to define extraordinary costs, taking into consideration the funding generated by the weighted calculations relating to students with special needs as provided in paragraph 2 of subsection B of Section 18-201.1 of this title.
C. The State Department of Education may prorate any funds allocated pursuant to the provisions of subsection B of this section as necessary, and the State Board of Education is authorized to promulgate rules as necessary to establish priorities in funding for students in this subsection.
Section 280. Distribution of Funds. (70 O.S. § 13-114.4)
A. Funds issued from the Oklahoma Special Education Assistance Fund shall be distributed to the local school district in a timely manner as determined by the State Board of Education.
B. The amount of any such payments shall be determined as follows:
1. Payments made pursuant to paragraphs 1 and 2 of subsection A of Section 13-114.3 of this title shall be the actual cost of serving the child as determined by the State Board of Education less the funding to be received by the district through the State Aid Formula, as reduced to include only the number of days the child is included in the district’s average daily membership, and any other funding received for providing services to the child from another state agency;
2. For the purposes of this section, the amount to be received through the State Aid formula shall be the weighted average daily membership of the child times the sum of the current year Base Foundation Support Level and the product of the current year Incentive Aid guarantee times twenty (20).
Section 280.1. Hissom Compliance Funding. (70 O.S. § 13-114.5)
Funds appropriated to the State Board of Education for Hissom Compliance purposes shall be used to provide resources and programs determined by the Board to be necessary to comply with any federal court order pertaining to Hissom Memorial Center which requires any such resources and programs.
Section 280.2. Oklahoma Educational Interpreter for the Deaf Act. (70 O.S. § 13-115)
This act shall be known and may be cited as the “Oklahoma Educational Interpreter for the Deaf Act”.
Section 280.3. Purpose. (70 O.S. § 13-115.1)
It is essential for the well-being and educational growth of deaf and hard-of-hearing students that education programs recognize the unique nature of deafness and ensure that all deaf and hard-of-hearing students have appropriate, ongoing, and fully accessible educational opportunities. It is essential that deaf and hard-of-hearing students, like all students, are provided an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency.
Section 280.4. Definitions. (70 O.S. § 13-115.2)
As used in the Oklahoma Educational Interpreter for the Deaf Act:
1. “Communication mode or language” means one or more of the following systems or methods of communication applicable to deaf and hard-of-hearing students:
a. American Sign Language,
b. English-based sign systems, or
c. oral, aural, or other speech-based communication;
2. “Educational Interpreter” means a person who possesses a combination of interpreting skills for expressing and receiving information in a variety of signed and oral languages and modes;
3. The Oklahoma “Quality Assurance Screening Test (QAST)” means a tool used for the comprehensive evaluation of interpreters;
4. “Interpreter Training Program” means a training program in an accredited college or university for preparing interpreters for the deaf;
5. “Work Experience” means a minimum of three (3) years of full-time-equivalent work in the field of deaf education; and
6. “Comparable Level of Proficiency” means a comparable level of proficiency on any other national- or staterecognized educational interpreter assessment as determined and recognized by the State Department of Education.
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Section 280.5. Qualifications for Interpreters. (70 O.S. § 13-115.3)
A. Except as otherwise provided in this section, any person who functions as an educational interpreter in a public school shall have the interpersonal skills to work effectively and collaboratively with staff and students within the instructional setting as well as a comprehensive, general knowledge of academic subjects and current events, educational processes and organization, principles and practices of special education, aspects and issues of deaf culture, and have:
1. Completed an interpreter training program;
2. Attained a bachelor’s degree; or
3. Worked three (3) or more years in an area related to the field of deaf education.
B. In addition to the requirements of subsection A of this section, a person who functions as an educational interpreter in a public school shall attain one or more of the following:
1. Certification by the Registry of Interpreters of the Deaf (RID);
2. National Association of the Deaf (NAD) Level IV or better;
3. Quality Assurance Screening Test (QAST) Level III or better; or
4. A comparable level of proficiency.
It shall be desirable for an educational interpreter to hold either a bachelor’s or associate’s degree.
C. A person who has never worked as an educational interpreter in any public school, who meets the requirements as provided in subsection A of this section, who does not meet the requirements of subsection B of this section, and who has attained the Quality Assurance Screening Test (QAST) Level I or II, may be employed as an educational interpreter for up to three (3) years. The person shall not be eligible to be employed as an educational interpreter in any public school of this state after the third year until the person attains one of the proficiency levels as provided in subsection B of this section.
D. Any educational interpreter employed by a public school on the effective date of this act who does not meet the requirements of subsection B of this section shall be required to attain QAST Level I or a comparable level of proficiency by July 1, 2004. An educational interpreter shall have until July 1, 2006, to meet the requirements of subsections A and B of this section or a comparable level of proficiency.
Section 280.6. Implementation. (70 O.S. § 13-115.4)
The State Department of Education shall adopt rules to implement the provisions of this act in collaboration with the State Department of Rehabilitation Services. The State Department of Education shall:
1. Maintain a registry of individuals who meet the qualifications as educational interpreters as set forth in this act; and
2. Establish a system of and requirements for continuing education. Such system shall require completion of the minimum QAST continuing education units per year, in which fifty percent (50%) of such units include training in educational interpreting.
Section 281. Oklahoma Early Intervention Act. (70 O.S. § 13-121)
Sections 1 through 9 of this act shall be known and may be cited as the “Oklahoma Early Intervention Act”.
Section 282. Purpose. (70 O.S. § 13-122)
A. It is the purpose of the Oklahoma Early Intervention Act to establish the policy of this state to provide for early intervention services to infants and toddlers with disabilities and their families in accordance with Part C, formerly Part H, of the Individuals with Disabilities Education Act (IDEA), as may be amended. These services are deemed to be necessary in order to:
1. Enhance the development of infants and toddlers with disabilities;
2. Reduce the educational costs to our society by minimizing the need for special education and related services after such children reach school age;
3. Minimize the likelihood of institutionalization of individuals with disabilities and maximize their potential for independent living in society; and
4. Enhance the capacity of families to meet the needs of their infants and toddlers with disabilities.
B. The implementation of this policy requires the development of a system of services to infants and toddlers with disabilities and their families which is:
1. Comprehensive, coordinated, multidisciplinary and interagency;
2. Delivered by the State Department of Education, Oklahoma State Department of Health, the Department of Human Services, the Department of Mental Health and Substance Abuse Services and other publicly funded services for infants and toddlers with disabilities and their families subject to the provisions of the Oklahoma Early Intervention Act; and
3. Intended to fulfill the requirements of Part C of the Individuals with Disabilities Education Act (IDEA), by providing early intervention services.
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Section 283. Eligibility Requirements. (70 O.S. § 13-123)
A. The children eligible for entry into early intervention services in the State of Oklahoma shall be infants and toddlers age birth through two years (0-36 months) who are developmentally delayed. As used in this act “developmentally delayed” means children of the chronological age group specified in this section who:
1. Exhibit a delay in their developmental age compared to their chronological age of fifty percent (50%) or score two standard deviations below the mean in one of the following areas or in a subdomain of one of the following areas: cognitive, physical, communication, social and emotional, or adaptive development;
2. Exhibit a delay in their developmental age compared to their chronological age of twenty-five percent (25%) or score one and one-half standard deviations below the mean in two or more of the following areas or in a subdomain of two or more of the following areas: cognitive, physical, communication, social and emotional, or adaptive development; or
3. Have a diagnosed physical or mental condition that has a high probability of resulting in delay. This includes, but is not limited to: chromosomal disorders, neurological abnormalities, inborn errors of metabolism, genetic disorders, congenital malformation of the brain, congenital infections and sensory abnormalities and impairments or identified syndromes.
B. The State Board of Education is authorized to modify and redefine by regulation the eligibility definitions established in subsection A of this section whenever such modification is required to receive federal assistance under Part C of the Individuals with Disabilities Education Act (IDEA), as may be amended.
Section 284. Parental Consent to Delivery of Services. (70 O.S. § 13-123.1)
Parents or surrogate parents may consent to the delivery of services for the early intervention program for their eligible children.
For purposes of the Oklahoma Early Intervention Act the terms “parent” and “surrogate parent” shall have the meaning that said terms have in Title 34, Code of Federal Regulations, Part 300, Section 10 and 514 which implement the Individuals with Disabilities Education Act. (IDEA).
Section 285. Administration, Supervision, and Monitoring of Programs and Activities. (70 O.S. § 13-124)
A. The State Department of Education is hereby designated as the lead agency for general administration, supervision and monitoring of programs and activities receiving federal funds under Part H of the Individuals with Disabilities Education Act (IDEA) and state funds appropriated for early intervention services. To ensure compliance with Part H of the Individuals with Disabilities Education Act (IDEA) and its implementing regulations, the State Department of Education is authorized to monitor and enforce any obligations imposed on agencies participating under Part H of the IDEA.
B. In accordance with Part H of the Individuals with Disabilities Education Act (IDEA), the Oklahoma Commission on Children and Youth shall administer the Interagency Coordinating Council for Early Childhood Intervention which shall advise and assist the lead agency in fulfillment of its responsibilities.
C. The State Department of Education, the State Department of Health, the Department of Human Services, the Department of Mental Health and Substance Abuse Services and other publicly funded services shall continue to provide all services within their respective statutory and constitutional responsibilities to the eligible population except as otherwise provided in Section 13-101 of this title. State and local interagency agreements will delineate responsibility for local and regional procedural safeguards, provision of service and related issues. Funds provided for implementation of the Oklahoma Early Intervention Act, Sections 13-121 through 13-129 of this title, shall not be used to satisfy a financial commitment for services which would have been paid for or provided by another public or private source, but shall be utilized solely for the enactment of Part H of the Individuals with Disabilities Education Act (IDEA) and the Oklahoma Early Intervention Act. Such funds may be used whenever considered necessary to prevent delay in the receipt of appropriate early intervention services by the infant or toddler or family in a timely fashion. Funds provided for implementation of the Oklahoma Early Intervention Act may be used to pay the provider of services pending reimbursement from the agency which has the ultimate responsibility.
D. Pursuant to the requirements of Part H of the Individuals with Disabilities Education Act (IDEA), all financial resources from federal, state, local and private sources shall be coordinated to fund early intervention services. In order to determine the most effective utilization and achieve coordination, a joint funding plan shall be submitted to the Governor, the Speaker of the House of Representatives, and the Senate President Pro Tempore by the State Department of Education, the State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse services on or before October 1. The individual components of such plan as they relate to individual agencies shall be incorporated annually into each affected agency’s budget request in accordance with the provisions of Section 41.29 of Title 62 of the Oklahoma Statutes. Such plan shall include, but not be limited to:
1. Utilization of State Aid funds appropriated to the State Board of Education for the purpose of providing early intervention services or provided pursuant to the State Aid Formula for special education services and related services to children with disabilities;
2. Publicly funded personnel and programs in the State Department of Education, the State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services who are currently serving the eligible population;
3. Feasibility of utilization of federal Title V funds;
4. Utilization of new state funds as may be appropriated by the Legislature for fiscal year 1990 for the purpose of early intervention, and of additional new funds needed to fully implement early intervention services in accordance with the State of Oklahoma’s implementation of Part H of the Individuals with Disabilities Education Act (IDEA);
5. Amendments to expansion of the Medicaid State Plan to include early intervention services for eligible children utilizing state funds designated for early intervention for the purpose of matching federal funds;
6. Feasibility of application for federal funds appropriated pursuant to P.L. 89-313; and
7. Utilization of funds received under Part H of the Individuals with Disabilities Education Act (IDEA).
E. The State Department of Education, the State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services shall be authorized to transfer funds enumerated in subsection D of this section to the Oklahoma Early Intervention Revolving Fund created in Section 13-124.1 of this title to the extent that transfers of such funds are authorized by and directed to the fund by the joint funding plan of the Oklahoma Early Intervention Act or by state or federal law.
F. Monies appropriated to an affected agency and monies identified in the joint funding plan for the purpose of providing early intervention services shall be used by the agency exclusively for the purpose of providing early intervention services.
G. For purposes of implementing the provisions of the Oklahoma Early Intervention Act, the board of education of any school district in this state may execute an agreement with a city/county health department or county health department to share appropriate facilities.
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Section 286. Oklahoma Early Intervention Revolving Fund. (70 O.S. § 13-124.1)
There is hereby created in the State Treasury a revolving fund for the State Department of Education to be designated the “Oklahoma Early Intervention Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of those monies appropriated to the fund by law or deposited in the fund pursuant to direction or authorization by the joint funding plan required in Section 13-124 of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Department of Education for the purpose of providing early intervention services to children with disabilities in accordance with Part H of the Individuals with Disabilities Act (IDEA) and the Oklahoma Early Intervention Act. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Section 287. Contract for Services. (70 O.S. § 13-125)
A contract shall be entered into between the State Department of Education and the Oklahoma State Department of Health specifying the provision or arrangement of early intervention services by the Oklahoma State Department of Health. Such contract shall include, but not be limited to:
1. A delineation of individual and shared responsibilities for planning, administration and funding, multi-disciplinary evaluations, development of an individual family service plan, service delivery, procedural safeguards and liability of both agencies;
2. Specification of the numbers and types of personnel to be provided under the contract;
3. Provisions to be made by the Oklahoma State Department of Health for provision of services not available at a local level and authorization to subcontract with other public or private service providers; and
4. Specification of all management and indirect costs associated with the Oklahoma State Department of Health’s provision of early intervention services that are authorized for payment under the contract. Allowable management costs shall be limited to itemized early intervention specific travel, dedicated or shared personnel and maintenance and operations costs. Indirect costs shall not exceed those authorized by the indirect cost formula approved by the State Department of Education for the contract period. All other administrative, management or infrastructure cost recover methodologies shall be specifically disallowed for payment under the contract.
Section 288. Procedural Safeguards. (70 O.S. § 13-126)
Procedural safeguards shall be established in fulfillment of the requirements of Part H of the Individuals with Disabilities Education Act (IDEA) through interagency agreements involving the State Department of Education, the Oklahoma State Department of Health, the Department of Human Services, the Department of Mental Health and Substance Abuse Services and other publicly funded services as appropriate.
Section 289. Requirements for Payment and Reimbursement. (70 O.S. § 13-127)
The legal requirements for timely payment and reimbursement for services under contract pursuant to Sections 41.4a through 41.4d of Title 62 of the Oklahoma Statutes shall govern the services, programs and activities for the State of Oklahoma’s implementation of Part H of the Individuals with Disabilities Act (IDEA).
Section 290. Data Collection and Reporting Requirements. (70 O.S. § 13-128)
The data collection requirements concerning children with disabilities which are currently utilized by the State Department of Education upon the effective date of this act shall also be utilized to meet the data collection and reporting requirements for the State of Oklahoma under Part H of the Individuals with Disabilities Education Act (IDEA). Further, the Oklahoma State Department of Health, the Department of Human Services and the Department of Mental Health and Substance Abuse Services shall fulfill the data collection and reporting requirements established by the United States Department of Education pursuant to Part H of the Individuals with Disabilities Education Act (IDEA) for early intervention services provided by their respective agencies pursuant to the purposes of the Oklahoma Early Intervention Act, Section 13-121 et seq. of this title. The lead agency shall provide technical assistance to the agencies in this endeavor.
Section 291. Implementation. (70 O.S. § 13-129)
A. The Interagency Coordinating Council for Early Childhood Intervention shall assist the State Department of Education in revising the Oklahoma State Plan for Special Education to include areas addressing requirements under Part H of the Individuals with Disabilities Education Act (IDEA) necessary for full implementation of this act. Such revision shall be completed by April 1, 1990.
B. Contingent upon the enactment of legislation authorizing implementation of an annual budget submitted which is based upon a joint funding plan provided in subsection D of Section 13-124 of this title, services in compliance with this act and Part H of the Individuals with Disabilities Education Act (IDEA) shall be in effect no later than July 1, 1990. Subject to such contingency all children eligible for services pursuant to the provisions of Section 3 of this act shall be served beginning July 1, 1991.
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