{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-1-113","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-1-113","heading":"School district residency","body":"A. When used in this section, the residence of any child for\n\nschool purposes shall be:\n\n1. The legal residence of the parents, guardian, or person\n\nhaving legal custody.\n\nEach school district board of education shall adopt a policy\n\nestablishing the requirements for student residency for that\n\ndistrict which provides for residence as described in this\n\nparagraph. Within the discretion of each school district's board of\n\neducation, the policy may but is not required to allow for\n\nestablishment of residency by affidavit when an adult, whether a\n\nrelative or not, who does not fall within one of the categories\n\nlisted above, who holds legal residence in the school district, and\n\nwho has assumed permanent care and custody of the child files an\n\naffidavit with the school district attesting that they have assumed\n\ncustody and the reasons for assuming custody. Any policy allowing\n\nthe establishment of residency by affidavit shall require the adult\n\nwho provides the affidavit to affirm in such affidavit that the\n\ncustody arrangement is permanent and that the adult contributes the\n\nmajor degree of support to the child. If the school district policy\n\nallows establishment of residency by affidavit, any person who\n\nwillfully makes a statement in the affidavit which the person knows\n\nto be false shall, upon conviction, be guilty of a misdemeanor\n\npunishable by imprisonment in the county jail for not more than one\n\n(1) year or a fine of not more than Five Hundred Dollars ($500.00)\n\nor both such fine and imprisonment. Each school district shall\n\ninclude in its policy on residency any documentation necessary for\n\nthe administration of the policy;\n\n2. The foster family home, as defined in Section 1-1-105 of\n\nTitle 10A of the Oklahoma Statutes, except a therapeutic foster\n\nfamily home or a specialized foster home where a child is in\n\nvoluntary placement as defined in subsection D of this section, in\n\nwhich the child has been placed:\n\na. by the person or agency having legal custody of the\n\nchild pursuant to a court order, or\n\nb. by a state agency having legal custody of the child\n\npursuant to the provisions of Title 10A of the\n\nOklahoma Statutes.\n\nUpon request of the foster parent, the residence of a child\n\nin foster care for school purposes may be changed to the school\n\ndistrict in which the child resided prior to being placed in foster\n\ncare or the school district in which the previous foster family home\n\nof the child is located;\n\n3. Any orphanage or eleemosynary child care facility having\n\nfull-time care and custody;\n\n4. Any eleemosynary child care facility in which a child is\n\nplaced by a parent or guardian for full-time residential care;\n\nprovided, the provision of this paragraph shall apply only to\n\nchildren who attend a district school by joint agreement of the\n\nschool district and facility and who are not placed in the facility\n\nthrough a state contract. For purposes of this paragraph,\n\n\"eleemosynary child care facility\" means a facility:\n\na. where child care and services are provided, and\n\nb. which is funded predominantly by benevolent or\n\ncharitable funds and is exempt from taxation pursuant\n\nto the provisions of Section 501(c)(3) of the Internal\n\nRevenue Code, 26 U.S.C., Section 501(c)(3);\n\n5. Any state-operated institution in which a child has been\n\nplaced by a parent or guardian or by a state agency having legal\n\ncustody of the child pursuant to the provisions of Title 10A or\n\nSection 3-101 of Title 43A of the Oklahoma Statutes for care and\n\ntreatment due to a physical or mental condition of the child;\n\n6. Any facility in which a child has been admitted and is\n\nreceiving on-site educational services as provided for in Section 3-\n\n104.7 of this title;\n\n7. The district in which a child who is entirely self-\n\nsupporting resides and attends school; or\n\n8. A state-licensed children's emergency resource center or\n\nstate-operated emergency shelter.\nnt due to a physical or mental condition of the child;\n\n6. Any facility in which a child has been admitted and is\n\nreceiving on-site educational services as provided for in Section 3-\n\n104.7 of this title;\n\n7. The district in which a child who is entirely self-\n\nsupporting resides and attends school; or\n\n8. A state-licensed children's emergency resource center or\n\nstate-operated emergency shelter.\n\nB. No school district shall bear the cost of educating children\n\nwho are not residents of this state. A school district may furnish\n\neducational services pursuant to contract as elsewhere provided by\n\nlaw. A school district may furnish educational services pursuant to\n\na contract to children who do not reside in the United States of\n\nAmerica; provided, the children shall not be counted in the average\n\ndaily membership of the school district.\n\nC. For the purpose of ensuring that a child placed in a\n\ntherapeutic foster family home, as defined in Section 1-1-105 of\n\nTitle 10A of the Oklahoma Statutes, receives an appropriate\n\neducation, no receiving school district shall be required to enroll\n\nsuch a child if the enrollment would cause the proportion of\n\nstudents in therapeutic foster family homes as compared to the\n\naverage daily membership of the receiving district for the preceding\n\nschool year to exceed two percent (2%). Children served by Head\n\nStart may not be counted for the purpose of this paragraph unless\n\nthe child is on an individualized education program provided by the\n\nschool district. Any school district may enroll such students who\n\nare outside the student's resident district in therapeutic foster\n\nfamily home placements which exceed this limit if the school\n\ndetermines it possesses the ability to provide such child an\n\nappropriate education.\n\nD. When a child does not meet the criteria for residency\n\nprovided in subsection A of this section and is placed in any of the\n\nfollowing entities which is out of the home of the child and not in\n\nthe school district in which the child legally resides:\n\n1. A residential facility;\n\n2. A treatment program or center, including the facility\n\noperated pursuant to Section 485.1 of Title 63 of the Oklahoma\n\nStatutes;\n\n3. A therapeutic foster family home as defined in Section 1-1-\n\n105 of Title 10A of the Oklahoma Statutes;\n\n4. A specialized foster home, which is a specialized foster\n\nhome or an agency-contracted home under the supervision of and\n\ncertified as meeting the standards set by the Department of Human\n\nServices and is funded through the Department of Human Services Home\n\nand Community-Based Waiver Services Program; or\n\n5. An acute psychiatric care facility,\n\nthe entity shall, if the child contends he or she resides in a\n\nschool district other than the district where the entity is located,\n\nwithin eleven (11) days of admittance, notify the school district in\n\nwhich the entity is located of the admittance.\n\nFor minors who are persons requiring psychiatric treatment as\n\ndefined by Title 43A of the Oklahoma Statutes, on-site educational\n\nservices shall be provided beginning on the eleventh day of\n\nadmission.\n\nUpon provision of educational services to children pursuant to\n\nthe provisions of subsection F of this section, the receiving school\n\ndistrict shall receive the State Aid as defined in subsection C of\n\nSection 18-110 of this title for those students.\n\nAccess to the due process procedure guaranteed to children with\n\ndisabilities shall be available to resolve disagreements about the\n\nappropriateness of placements of children with disabilities.\n\nE. The governing body of any state institution for children\n\noperated pursuant to the provisions of Title 10A of the Oklahoma\n\nStatutes or Section 3-101 of Title 43A of the Oklahoma Statutes and\n\nthe board of education of the school district in which the\n\ninstitution is located or any other school district in the state\nof children with disabilities.\n\nE. The governing body of any state institution for children\n\noperated pursuant to the provisions of Title 10A of the Oklahoma\n\nStatutes or Section 3-101 of Title 43A of the Oklahoma Statutes and\n\nthe board of education of the school district in which the\n\ninstitution is located or any other school district in the state\n\nwilling to provide necessary educational services may enter into a\n\ncontract whereby the district will maintain a school for the\n\nchildren of the institution, in which event the residence of the\n\nchildren for school purposes will be considered as being in the\n\ndistrict maintaining the school; provided, however, that upon\n\nrelease from the school, a child shall be considered as a resident\n\nof the originating school district for school purposes. The\n\ngoverning body of the state institutions specified in this\n\nsubsection shall pay the costs for educating students placed in the\n\nstate institution less any amount of funds received for the students\n\nby the school district contracting with the state institution to\n\nprovide necessary educational services.\n\nF. 1. The school district in which an entity as described in\n\nsubsection D of this section exists to serve children in out-of-home\n\nplacements shall, upon request of the individual or agency operating\n\nthe entity, provide the educational services to which the children\n\nin the entity are entitled subject to the limitations provided in\n\nsubsection C of this section. No person operating such an entity\n\nmay contract for the provision of educational services with any\n\nschool district other than the school district in which the entity\n\nis located unless the school district in which the entity is located\n\nagrees in writing to allow another school district to provide the\n\neducational services or unless the person operating the entity\n\ncontracts with another school district for the provision of\n\neducational services to be provided through remote Internet-based\n\ncourses. No person operating such an entity may contract for the\n\nprovision of educational services with more than one school\n\ndistrict.\n\n2. Prior to location in a school district, the individual or\n\nagency operating an entity described in subsection D of this section\n\nwhich requires provision of educational services from the school\n\ndistrict shall notify the local board of education of its\n\nanticipated educational needs. No school district shall be required\n\nto provide educational services for students in the entity until at\n\nleast sixty (60) calendar days have elapsed from the time in which\n\nthe local board of education was initially notified of the need\n\nunless the school district so agrees to provide the educational\n\nservices sooner. The provisions of this paragraph shall not apply\n\nto therapeutic or specialized foster homes.\n\n3. Educational services provided shall meet or exceed state\n\naccreditation standards. No school district shall be responsible\n\nfor any expenses for students in an entity described in subsection D\n\nof this section which are not directly related to the provision of\n\neducational services. A school district shall not be obligated for\n\nexpenses of those students in an entity in the current school year\n\nfor whom educational services are requested after the first nine (9)\n\nweeks of the current school year for the district if educational\n\nservices are requested for twelve or more students than were served\n\nin the first nine (9) weeks, unless the school district chooses to\n\nprovide educational services for the current school year. Contracts\n\nand agreements for provision of educational services may allow for\n\nthe use of public and private sources of support which are available\n\nto share the costs of educational services and of therapies,\n\ntreatments, or support services. Otherwise valid obligations to\n\nprovide or pay for such services, such as Medicaid, shall remain in\nrovide educational services for the current school year. Contracts\n\nand agreements for provision of educational services may allow for\n\nthe use of public and private sources of support which are available\n\nto share the costs of educational services and of therapies,\n\ntreatments, or support services. Otherwise valid obligations to\n\nprovide or pay for such services, such as Medicaid, shall remain in\n\neffect for children who are eligible for the services from sources\n\nother than the school district.\n\n4. Upon the request of any residential facility which has\n\ncontracted with the Office of Juvenile Affairs to provide either a\n\nregimented juvenile training program or a high-impact wilderness\n\ncamp to a minimum of forty students who have been adjudicated, a\n\nschool district may contract for the facility to provide the\n\neducational services to those students. Under a contract, the\n\nfacility shall operate in accordance with all applicable laws,\n\nincluding compliance with Section 18-114.14 of this title. The\n\ncontract shall include the State Aid generated by the students, less\n\na fee for administrative services which may be retained by the\n\nschool district, not to exceed ten percent (10%) of the total on an\n\nannual basis. The school district shall exercise supervision over\n\nthe educational program in the facility and bear all responsibility\n\nfor required educational reporting. The school district shall\n\nmaintain access to all educational records for students in the\n\nfacility, and shall provide for the appropriate academic credit and\n\ndiplomas. The school district shall be indemnified against any\n\nactions or penalties on the part of the facility which result in\n\nadversity for the school district.\n\nG. Any question as to the place of residence of any child for\n\nschool purposes shall be decided pursuant to procedures utilized by\n\nthe State Department of Education.\n\nH. The receiving district shall notify the district of\n\nresidence immediately upon finding that the student requires special\n\neducation and related services and the district of residence shall\n\nparticipate in planning the Individualized Education Program (IEP)\n\nfor the student and in subsequent reviews of the program in\n\naccordance with the Individuals with Disabilities Education Act\n\n(IDEA).","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1392dde851f5a586cb55529c097dd47a653601f0be2a430cfa1d60992dd82198","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-1-112","next":"us-ok/okla.-stat.-tit.-70-70-1-114"},"notice":"GroundRules: Original legal text. Not legal advice."}