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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 35. Standards for Accreditation of Elementary, Middle Level, Secondary, and Career and Technology Schools |
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Subchapter 31. Standards for Educational Services in Day Treatment Programs |
SECTION 210:35-31-3. Local plan
Latest version.
- (a) The public school or state accredited private school providing onsite educational services in partial hospitalization programs, day treatment programs, and day hospital programs for children between the ages of three (3) and twenty-one (21) shall develop a local plan for educational services in day treatment programs. The local plan shall address all required areas of educational services including:(1) teacher certification;(2) number of hours taught;(3) adequacy of educational facilities; and(4) educational plans, including plans for transition into the regular school setting.(b) The local plan for onsite educational services shall provide as follows:(1) Educational services are provided directly by the school and under the supervision of the accredited school;(2) Class size and student/teacher ratios shall be in compliance with state accreditation standards and allow for conditions which are conducive to effective learning;(3) Appropriate curriculum, structure, interaction, and reinforcement strategies are to be provided in accordance with state accreditation standards and allow for individualization;(4) Reflect collaborative efforts between school personnel, facility staff, other public agencies, and the parents/guardians; and(5) Teaching staff shall be provided adequate time for instructional planning, preparation, and consultation with facility staff and parents/guardians.(c) Contractual agreements, as required by the standards in this Subchapter, shall be jointly developed by the school and the day treatment program and shall be signed by representatives with the authority to represent the governing boards. Services shall be provided pursuant to contract and in accordance with applicable standards and laws. Contractual agreements shall address financial responsibilities and services to be provided by each party to the agreement in accordances with the standards in this Subchapter. The contractual agreement for educational services shall include the following as a minimum:(1) Teacher certification requirements;(2) Number of hours taught;(3) Adequacy of facilities; and(4) Educational plans, including plans for transition in to regular school settings. [70 O.S. Supp 1997, 10-113](d) Local plans and contractual agreements shall provide assurances that:(1) Procedures for maintenance and disclosure of students' education records, including a procedure for expeditious exchange with properly authorized persons, shall be in accordance with the Family Education Rights and Privacy Act (FERPA) and with any other relevant state and federal laws; and(2) Procedural safeguards shall be followed for eligible children with disabilities in accordance with the Individuals with Disabilities Education Act (IDEA), which includes the requirements for Individualized Education Programs (IEPs) and placement in the least restrictive environment (LRE), and with Section 504 of the Rehabilitation Act. The eligible student's school district of residence shall be notified immediately by the providing district upon finding that the eligible student requires special education and related services and notified as to the time, date and location of meetings for the purposes of planning the student's IEP and subsequent reviews. The facility may have a representative present at the IEP conference to advise the IEP team of any concerns of information the facility has to offer regarding the eligible student's educational needs and eligibility for related services. The facility and the providing district shall coordinate with the eligible student's school district of residence as necessary for the development of the IEP. The cost for related services, therapies, treatments, or support services for eligible students shall be the responsibility of the facility unless otherwise agreed by the contractual parties or as otherwise specified in the IEP. Otherwise valid obligations to provide or pay for such services, such as Medicaid, shall remain in effect for children who are eligible from sources other than the school district. [70 O.S. Supp 1998, 1-113](e) District of residence for school purposes shall be determined in accordance with 70 O.S. Supp. 1998, 1-113, State aid for educational services by accredited schools shall be in accordance with the provisions of 70 O.S. Supp. 1997, 18-110(f) Each individual or entity operating a residential facility or treatment program which requires provision of educational services from the school district, shall notify the local board of education of its anticipated educational needs, prior to location in a school district. No school district shall be required to provide educational services for residents of the facility or participants in the program until at least ninety (90) calendar days have elapsed from the time in which the local board of education was initially notified of the need unless the school districts do agree to provide the educational services sooner. [70 O.S. Supp. 1998, 1-113]