SECTION 210:10-1-19. Special education and gifted education transfers

(a)   It shall be the duty of each school district to provide special education and related services for all children with disabilities who reside in that school district in accordance with the Individuals with Disabilities Education Act (IDEA), U.S.C. §§ 1400, et seq. A school district/LEA may fulfill this duty, to provide FAPE, by one of the following:

(1)   The district directly providing special education for such children;

(2)   The district joining a cooperative program with another district or districts to provide special education;

(3)   The district joining in a written agreement with a private or public institution, licensed residential childcare and treatment facility or day treatment facility within the district to provide special education and related services to students with disabilities;

(4)   The district entering into a written agreement with another school district whereby the resident district agrees that the receiving school district will provide FAPE to an eligible student with a disability on behalf of the resident district. This agreement is an IEP Service Agreement, entered into solely for the purpose of providing special education and related services (FAPE) to an eligible student with a disability. In this case, all funds remain with the resident school district, which agrees to pay tuition to the receiving district. Further, the average daily membership (ADM) of the student is credited to the resident district. The resident district has the responsibility to provide FAPE, special education and related services, including transportation for students serviced pursuant to this provision. Representatives of the resident district are responsible for the development and implementation of the IEP and must be provided the opportunity to participate in all IEP meetings. In the event of a due process complaint, the resident district retains responsibility.

(A)   IEP Service Agreements entered into pursuant to this section for three (3) consecutive years to the same school district shall lead to automatic renewal of the agreement each year. In these cases, the resident district shall continue to pay tuition as provided by law. Automatic renewal occurs only in cases where districts have entered into IEP Service Agreements.

(B)   IEP Service Agreements are granted by approval of both the resident and receiving school districts. Such agreements shall be memorialized in writing and documented in State Department of Education's student information system. This agreement should not be documented as a transfer pursuant to the Education Open Transfer Act.

(b)   All transfers involving a student with disabilities are transfers and shall be conducted in accordance with the Education Open Transfer Act, 70 O.S. § 13-101, et seq., and State Department of Education rules. Transfers granted to students who are incidentally special needs students shall be governed by OAC 210:10-1-18 and governing state law. Consideration shall be given to the original purpose of the transfer.

(1)   In the event a student with disabilities requests a transfer for any reason other than to receive FAPE, the following provisions shall apply:

(A)   The receiving school district shall establish availability of the appropriate program, staff, and services prior to the approval of the transfer; and

(B)   The receiving school district shall consult the resident school district and the parents of the student to determine how FAPE will be provided to the student. Services comparable to those described in the IEP shall be provided until the receiving school district adopts the child's IEP from the resident district or develops, adopts and implements a new IEP that meets IDEA requirements.

(2)   Upon approval of the transfer pursuant to the Education Open Transfer Act, the receiving district shall claim the child in the average daily attendance for membership (ADM) for state and federal funding purposes and shall assume 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 to calculate State Aid pursuant to 70 O.S. § 18-200.1, et seq.

(c)   In the event of an IEP Service Agreement, it is the responsibility of the resident school district to provide transportation to a child who has been granted a transfer for the purpose of providing a free appropriate public education (FAPE). In the event of an open transfer, the receiving school district is responsible for providing transportation if necessary to provide FAPE to the student with a disability.

(1)   The need for transportation must be determined on an individualized basis by the IEP team. If the IEP team determines that transportation is a related service the child needs in order to access FAPE, then the service will be provided regardless of the distance the child resides from the school. The need for, frequency, and duration of these services must not be determined by the category of disability, the availability of services, or the distance the child lives from the school where the special education program is to be delivered. If the child requires transportation to receive, benefit from, or obtain access to a special education program, the district shall provide it at no cost to the student. When possible, children on an IEP should be transported with nondisabled peers.

(A)   Under federal regulations, transportation and such developmental, corrective, and other supportive services may be required for a child with a disability to benefit from special education. Transportation includes travel to and from school and between schools, travel in and around school buildings, and specialized equipment required to provide transportation to a child with disability, such as special or adapted buses, lifts, and ramps.

(B)   The provision of transportation for preschool children with disabilities must be considered on an individual basis by the IEP team. The team must consider transporting a preschool aged child to the site where special education and related services are provided, if that site is different from the site at which the child receives other preschool services.

(C)   The school district may provide transportation services directly or contract with parents or some other person to furnish transportation. The miles driven and cost per mile to be paid by the school district should be specified in the IEP. Based on a mutual agreement between two school districts, a school district offering special education classes may extend its transportation services to include the transportation of children qualifying for special education in an adjacent district that does not offer special education classes.

(D)   Children with disabilities are entitled to the same length of school day offered to all children as established in Oklahoma state law. Transportation, scheduling, or administrative conveniences are not acceptable reasons for students with disabilities to have shortened school days. Additionally, academic schedules may not be lengthened or shortened to accommodate transportation.

(2)   Independent school districts are responsible for providing FAPE to children aged three (3) through twenty-one (21) years old. Elementary school districts are responsible for providing FAPE to children aged three (3) through the highest-grade level of the school. A school district's responsibility to provide transportation to children with disabilities extends to the grade offered by that school district.

(A)   If a child transfers to an independent school district upon completion of the highest grade offered by an elementary school district, and the student lives within the independent school's transportation area, that independent district must provide transportation for that child.

(B)   Other independent school districts may also enroll any transferred high school child, but they are not required to provide this transportation service outside their transportation area.

(C)   In the event that transportation is included as a related service in the IEP and the IEP is reviewed and adopted by the receiving independent school district, the receiving school district will be required to provide transportation regardless of the transportation area where the child resides.

(d)   It shall be the duty of each school district to provide gifted child educational programs and to serve those children, as defined in 70 O.S. § 1210. 307. This duty may be satisfied by:

(1)   The district directly providing gifted child educational programs for such children;

(2)   The district joining in a cooperative program with another district or districts to provide gifted child educational programs for such children;

(3)   The district joining in a cooperative program with a private or public institution within such district; or

(4)   The district entering into a written agreement with another school district whereby the resident district agrees that the receiving school district will provide appropriate gifted child educational programs.

(A)   No transfer shall be made without the consent of the board of education of the receiving school district;

(B)   The resident school district shall provide transportation for the transferred student; and

(C)   The resident school district shall pay an amount of tuition equal to the proportion of the operating costs of the program to the receiving district

[Source: Added at 29 Ok Reg 971, eff 6-26-12]