SECTION 210:25-3-2. Average daily attendance/membership

(a)   The legal average daily attendance/membership for the purpose of calculating state aid to any district will be based upon the attendance/membership in that district of residence and legally transferred pupils (except Special Education pupils transferred), five (5) years of age, September 1 of that school year or not over twenty-one (21) years of age as of September 1 of that school year. Average daily attendance/membership also includes students age three (3) and older who have an Individualized Education Program (IEP).

(1)   Provided, beginning with the 1990-91 school year, all children who are at least four (4) years of age on or before September 1 and who have not attended a public school kindergarten shall be entitled to attend early childhood programs at any public school in the state where such programs are offered. These students shall be included in the average daily attendance/membership. Children age three (3) who have an Individualized Education Program (IEP) which indicates that they need to attend an early childhood program in order to obtain a free appropriate public education in the least restrictive environment shall also be entitled to attend such programs, and shall also be included in the average daily attendance/membership.

(2)   Provided, those persons over the age of 21 and under the age of 26 unable to complete high school prior to age twenty-one (21) due to physical disabilities or service in the United States Armed Forces or Auxiliary Organizations may be allowed to attend as a legal student for the period of time missed due to the disability or service in the Armed Forces.

(3)   Provided further, any child who has been in legal attendance/membership in a public or private school in another state or in a Department of Defense School for military dependents may be legally enrolled and counted as a legal ADA/ADM, even though the child is underage in Oklahoma.

(b)   When pupils are promoted at mid-term from the eighth grade in school districts not maintaining an accredited junior high school to high school, the average daily attendance/membership of such pupils for the entire school year shall be credited to the elementary grades. Pupils promoted from the seventh grade directly to the ninth grade will also be counted as elementary attendance/membership except with the approval of the Division of Instruction.

(c)   Elementary ADA/ADM is defined as early childhood, if applicable, or kindergarten through the eighth grade for dependent districts and independent districts that do not have an approved junior high school or middle school.

(d)   All other districts shall calculate elementary ADA/ADM on early childhood, if applicable, or kindergarten through sixth grade.

[Source: Amended at 10 Ok Reg 1383, eff 4-26-93; Amended at 16 Ok Reg 1175, eff 5-13-99; Amended at 32 Ok Reg 916, eff 8-27-15]