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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 210. State Department of Education |
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Chapter 30. School Facilities and Transportation |
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Subchapter 5. Transportation |
SECTION 210:30-5-2. Procedures for resolution of transportation disputes
Latest version.
- Pursuant to 70 O.S. 1991, § 9-105, state aid shall be withheld from any school district in the state that fails or refuses to comply with the law or rules of the State Board of Education regarding transportation. The following hearing procedures will be utilized in hearings to determine the validity of transportation complaints.(1) Upon receipt of a written complaint and hearing request alleging specific violations of law or State Board of Education rules regarding school transportation, the State Superintendent shall appoint an Administrative Law Judge (ALJ) to conduct a hearing to determine the validity of the complaint.(2) Within five (5) days of appointment, the ALJ shall notify the school districts who are parties to the complaint in writing of the time, date and location of the hearing.(3) Each school district that is a party to the complaint will be given an opportunity to present the following:(A) Evidence supporting the allegations in the complaint, and(B) Defenses to the allegations contained in the complaint.(4) Evidence may be received in written form or by oral testimony of witnesses.(5) Hearings will be electronically recorded.(6) The ALJ shall, upon receiving the evidence, determine whether the allegations contained in the complaint are true and shall make findings and conclusions. If the ALJ determines, by a preponderance of the evidence, that there has been a violation of law or rule, he/she shall recommend withholding of state aid from the district found to be in violation.(7) The findings, conclusions and recommendations of the ALJ shall be presented to and considered by the State Board of Education at its next regularly scheduled meeting unless it is determined by the State Superintendent that, due to extraordinary circumstances, a different timeframe is required.(8) No additional evidence may be presented to the State Board of Education.(9) ALJs will be paid by the nonprevailing school district at a rate of fifty dollars ($50) per hour, not to exceed three hundred dollars ($300).(10) The State Board of Education will confine its review to the written findings, conclusions and recommendations of the ALJ and, unless the Board determines that the ALJ's findings and conclusions are clearly erroneous, shall adopt such findings and conclusions. If the Board finds the ALJ's decision is clearly erroneous, the Board may remand the matter to the ALJ with instructions on how to proceed.(11) The State Board of Education shall determine the amount of state aid to be withheld from the school district found to be in violation of the law or rule on school transportation. The State Superintendent shall notify the district by certified mail, return receipt requested.(12) Following notification to the school district, the State Department of Education shall withhold state aid payments to the district in accordance with the State Board of Education decision.