SECTION 210:35-29-8. Requirements for alternative education programs

(a)   General requirements. Alternative education is an educational process incorporating appropriate structure, curriculum, interaction, and reinforcement strategies to stimulate learning with students who are at risk of failing to complete their secondary education for reasons which may include academic deficiency, behavioral difficulties, excessive absences, pregnancy or parenting, family issues, substance abuse, financial issues, physical or mental health issues, state custody, juvenile justice involvement, and/or other such factors, not including disability status. An alternative education program must provide the additional services and supports outlined in statute, and not merely an opportunity for credit recovery. To qualify as an approved alternative education program, a school district's alternative school or alternative education program must meet all requirements listed at 70 O.S. § 1210.568, including:

(1)   Student-teacher ratios conducive to effective learning for at-risk students;

(2)   Appropriate structure, curriculum, interaction, and reinforcement strategies for effective instruction;

(3)   An intake and screening process to determine eligibility of students;

(4)   Appropriately certified teaching faculty;

(5)   Teaching faculty with experiences or personal traits that qualify them for successful work with at-risk students;

(6)   Collaboration with state and local agencies;

(7)   Courses that meet the curricular standards adopted by the State Board of Education and additional remedial courses;

(8)   Individualized instruction;

(9)   Clear and measurable program goals and objectives;

(10)   Counseling and social service components;

(11)   Graduation plan for each student;

(12)   Life skills instruction;

(13)   Opportunities for arts education;

(14)   A proposed annual budget;

(15)   An evaluation component that includes an annual written self-evaluation;

(16)   Service to students in grades six (6) through twelve (12) who are most at risk of not completing high school for reasons other than disability; and

(17)   Opportunities for student participation in vocational programs and extra-curricular activities such as athletics, band, and clubs.

(b)   Submission of alternative education plan. Each school district shall submit and certify an Alternative Education Implementation Plan to the State Department of Education by September 15 of each year. This plan shall outline how the district will meet the criteria listed in subsection (a) to serve its at-risk students. The plan must be submitted and certified by school districts providing their own alternative education programs, as well as districts which offer alternative education through interlocal cooperative arrangements, and districts which have no alternative education program and receive no alternative education funding.

(c)   Alternative education waiver available for elementary school districts. For an elementary school district, which does not offer high school grades, the State Board of Education is authorized at 70 O.S. § 1210.568(F) to grant a waiver from the statutory requirement to implement and provide an alternative education program. An elementary school district wishing to request such a waiver must submit an application to the State Department of Education Office of Accreditation no later than May 15 prior to the school year for which the waiver is requested. An elementary school district that has not received any alternative education funding pursuant to 70 O.S. § 1210.568 shall be granted this waiver automatically and need not apply, but an elementary district that has received any amount of alternative education funding must apply for the waiver by May 15 prior to the applicable school year in order to be exempt from implementing an alternative education program.

(d)   Deregulation not necessary for conforming alternative education programs. A school district need not apply to the State Board of Education for a deregulation in order to implement an alternative education program that meets all requirements listed in this subchapter and at 70 O.S. § 1210.566 through 70 O.S. § 1210.568.

[Source: Added at 32 Ok Reg 933, eff 8-27-15; Amended at 36 Ok Reg 839, eff 7-25-19]