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70-1-113.


70-1-113.


    A.  When used in this section, the residence of any child for
school purposes shall be:
    1.  The school district in which the parents, guardian, or person
having legal custody holds legal residence.
    Each school district board of education shall adopt a policy
establishing the requirements for student residency for that district
which provides for residence as described in this paragraph.  Within
the discretion of each school district's board of education, the
policy may but is not required to allow for establishment of
residency by affidavit when an adult, whether a relative or not, who
does not fall within one of the categories listed above, who holds
legal residence in the school district, and who has assumed permanent
care and custody of the child files an affidavit with the school
district attesting that they have assumed custody and the reasons for
assuming custody.  Any policy allowing the establishment of residency
by affidavit shall require the adult who provides the affidavit to
affirm in such affidavit that the custody arrangement is permanent
and that the adult contributes the major degree of support to the
child.  If the school district policy allows establishment of
residency by affidavit, any person who willfully makes a statement in
the affidavit which the person knows to be false shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
the county jail for not more than one (1) year or a fine of not more
than Five Hundred Dollars ($500.00) or both such fine and
imprisonment.  Each school district shall include in its policy on
residency any documentation necessary for the administration of the
policy; or
    2.  The foster home, as defined in Section 7203 of Title 10 of
the Oklahoma Statutes, except a therapeutic foster home or a
specialized foster home where a child is in voluntary placement as
defined in subsection D of this section, in which the child has been
placed:
         a.   by the person or agency having legal custody of the
              child pursuant to a court order, or
         b.   by a state agency having legal custody of the child
              pursuant to the provisions of Title 10 of the Oklahoma
              Statutes; or
    3.  Any orphanage or eleemosynary child care facility having
full-time care and custody; or
    4.  Any eleemosynary child care facility in which a child is
placed by a parent or guardian for full-time residential care;
provided, the provision of this paragraph shall apply only to
children who attend a district school by joint agreement of the
school district and facility and who are not placed in the facility
through a state contract.  For purposes of this paragraph,
"eleemosynary child care facility" means a facility:
         a.   where child care and services are provided, and
         b.   which is funded predominantly by benevolent or
              charitable funds and is exempt from taxation pursuant
              to the provisions of Section 501(c)(3) of the Internal
              Revenue Code, 26 U.S.C., Section 501(c)(3); or
    5.  Any state-operated institution in which a child has been
placed by a parent or guardian or by a state agency having legal
custody of the child pursuant to the provisions of Title 10 or
Section 3-101 of Title 43A of the Oklahoma Statutes for care and
treatment due to a physical or mental condition of the child; or
    6.  The district in which a child who is entirely self-supporting
resides and attends school; or
    7.  A state-licensed or operated emergency shelter.
    B.  No school district shall bear the cost of educating children
who are not residents of the state of Oklahoma; provided, a school
district may furnish educational services pursuant to contract as
elsewhere provided by law.
    C.  For the purpose of ensuring that a child placed in a
therapeutic foster care home, as defined in Section 7203 of Title 10
of the Oklahoma Statutes, receives an appropriate education, no
receiving school district shall be required to enroll such a child if
the enrollment would cause the proportion of students in therapeutic
foster care homes as compared to the average daily membership of the
receiving district for the preceding school year to exceed two
percent (2%).  Children served by Head Start may not be counted for
the purpose of this paragraph unless the child is on an
individualized education program provided by the school district.
Any school district may enroll such students who are outside the
student's resident district in therapeutic foster care home
placements which exceed this limit if the school determines it
possesses the ability to provide such child an appropriate education.
    D.  When a child does not meet the criteria for residency
provided in subsection A of this section and is placed in any of the
following entities which is out of the child's home and not in the
school district in which the child legally resides:  a residential
facility; a treatment program or center, including the facility
operated pursuant to Section 485.1 of Title 63 of the Oklahoma
Statutes; a therapeutic foster home as defined in Section 7203 of
Title 10 of the Oklahoma Statutes; or, a specialized foster home,
which is a specialized foster home or an agency-contracted home under
the supervision of and certified as meeting the standards set by the
Department of Human Services and is funded through the Department of
Human Services Home and Community-Based Waiver Services Program, the
entity shall, if the child contends he or she resides in a school
district other than the district where the entity is located, within
seven (7) days of admittance, notify the school district in which the
entity is located of the admittance.
    Upon provision of educational services to such children pursuant
to the provisions of subsection F of this section, the receiving
school district shall receive the State Aid as defined in subsection
C of Section 18-110 of this title for those students.
    Access to the due process procedure guaranteed to children with
disabilities shall be available to resolve disagreements about the
appropriateness of placements of children with disabilities.
    E.  The governing body of any state institution for children
operated pursuant to the provisions of Title 10 of the Oklahoma
Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and
the board of education of the school district in which the
institution is located or any other school district in the state
willing to provide necessary educational services may enter into a
contract whereby the district will maintain a school for the children
of the institution, in which event the residence of such children for
school purposes will be considered as being in the district
maintaining the school.  The governing body of the state institutions
specified in this subsection shall pay the costs for educating
students placed in the state institution less any amount of funds
received for such students by the school district contracting with
the state institution to provide necessary educational services.
    F.  1.  The school district in which an entity as described in
subsection D of this section exists to serve children in out-of-home
placements shall, upon request of the individual or agency operating
the entity, provide the educational services to which the children in
the entity are entitled subject to the limitations provided in
subsection C of this section.  No person operating such an entity may
contract for the provision of educational services with any school
district other than the school district in which the entity is
located unless the school district in which the entity is located
agrees in writing to allow another school district to provide the
educational services.
    2.  Prior to location in a school district, the individual or
agency operating an entity described in subsection D of this section
which requires provision of educational services from the school
district shall notify the local board of education of its anticipated
educational needs.  No school district shall be required to provide
educational services for students in the entity until at least sixty
(60) calendar days have elapsed from the time in which the local
board of education was initially notified of the need unless the
school district so agrees to provide the educational services sooner.
The provisions of this paragraph shall not apply to therapeutic or
specialized foster homes.
    3.  Educational services provided shall meet or exceed state
accreditation standards.  No school district shall be responsible for
any expenses for students in an entity described in subsection D of
this section which are not directly related to the provision of
educational services.  A school district shall not be obligated for
expenses of those students in an entity in the current school year
for whom educational services are requested after the district's
first nine (9) weeks of the current school year if educational
services are requested for twelve or more students than were served
in the first nine (9) weeks, unless the school district chooses to
provide educational services for the current school year.  Contracts
and agreements for provision of educational services may allow for
the use of public and private sources of support which are available
to share the costs of educational services and of therapies,
treatments, or support services.  Otherwise valid obligations to
provide or pay for such services, such as Medicaid, shall remain in
effect for children who are eligible for the services from sources
other than the school district.
    4.  Upon the request of any residential facility which has
contracted with the Office of Juvenile Affairs to provide either a
regimented juvenile training program or a high-impact wilderness camp
to a minimum of forty students who have been adjudicated, a school
district may contract for the facility to provide the educational
services to those students.  Under such a contract, the facility
shall operate in accordance with all applicable laws, including
compliance with Section 18-114.7 of this title.  Such contract shall
include the State Aid generated by the students, less a fee for
administrative services which may be retained by the school district,
not to exceed ten percent (10%) of the total on an annual basis.  The
school district shall exercise supervision over the educational
program in the facility and bear all responsibility for required
educational reporting.  The school district shall maintain access to
all educational records for students in the facility, and shall
provide for the appropriate academic credit and diplomas.  The school
district shall be indemnified against any actions or penalties on the
part of the facility which result in adversity for the school
district.
    G.  Any question as to the place of residence of any child for
school purposes shall be decided pursuant to procedures utilized by
the State Department of Education.
    H.  The receiving district shall notify the district of residence
immediately upon finding that the student requires special education
and related services and the district of residence 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).



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