{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-13-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-13-103","heading":"Authorized services and transfers for students with","body":"disabilities — Annual report on transfers — Audits.\n\nA. Any school district in the state may provide suitable\n\nfacilities and employ qualified teachers and therapists for students\n\nwith disabilities, either in schools, classrooms, or in other places\n\nas the board of education of the district may deem advisable. When\n\na school district cannot provide special educational facilities and\n\nqualified teachers, a student may be transferred pursuant to the\n\nprovisions of paragraph 4 of Section 13-101 of this title.\n\nB. If a student with disabilities is transferred to a school\n\ndistrict other than the district of residence of the student\n\npursuant to the Education Open Transfer Act the following provisions\n\nshall apply:\n\n1. The receiving district shall establish availability of the\n\nappropriate program, staff, and services prior to approval of the\n\ntransfer;\n\n2. Prior to the approval of the transfer of a student on an\n\nindividualized education program (IEP), a joint IEP conference shall\n\nbe required between the district of residence and the receiving\n\ndistrict; and\n\n3. Upon approval of the transfer, the receiving district shall\n\nclaim the student in the average daily membership for state and\n\nfederal funding purposes and shall assume all responsibility for\n\neducation of the student. For state funding purposes, the State\n\nDepartment of Education shall include the appropriate grade level\n\nweight and all category weights to which the student is assigned\n\npursuant to the provisions of Section 18-201.1 of this title when\n\ncalculating State Aid pursuant to the provisions of Section 18-200.1\n\nof this title, regardless of whether the receiving district provides\n\neducation to the student using traditional in-class means or via\n\nonline instruction. When applicable, the receiving district may\n\napply to the Oklahoma Special Education Assistance Fund for\n\nassistance in meeting any extraordinary costs incurred.\n\nC. If a request to transfer a student with disabilities to a\n\nschool district other than the district of residence of the student\n\npursuant to the Education Open Transfer Act is denied, the following\n\nprovisions shall apply:\n\n1. The parent or legal guardian of a student with disabilities\n\nor an adult student with disabilities who is age eighteen (18) or\n\nolder but under the age of twenty-two (22) may appeal the denial\n\nwithin ten (10) days of notification of the denial to the receiving\n\nschool district board of education. The receiving school district\n\nboard of education shall consider the appeal at its next regularly\n\nscheduled board meeting; and\n\n2. If the receiving school district board of education denies\n\nthe appeal, the parent or legal guardian of the student with\n\ndisabilities or an adult student with disabilities who is age\n\neighteen (18) or older but under the age of twenty-two (22) may\n\nappeal the denial within ten (10) days of notification of the appeal\n\ndenial to the State Board of Education. The parent or legal\n\nguardian of the student with disabilities or the adult student with\n\ndisabilities shall submit to the State Board of Education and the\n\nsuperintendent of the receiving school district a notice of appeal\n\non a form prescribed by the State Board of Education. The appeal\n\nshall be considered by the State Board of Education at its next\n\nregularly scheduled meeting, where the parent or legal guardian of\n\nthe student with disabilities or the adult student with disabilities\n\nand a representative from the receiving school district may address\n\nthe Board. The State Board of Education shall promulgate rules to\n\nestablish the appeals process authorized by this subsection which\n\nshall align with rules promulgated pursuant to Section 8-101.2 of\n\nthis title.\n\nD. Transfers authorized by this section shall be made under\n\nrules adopted by the State Board of Education. When a student with\n\ndisabilities or pregnant student is unable to attend any school or\n. The State Board of Education shall promulgate rules to\n\nestablish the appeals process authorized by this subsection which\n\nshall align with rules promulgated pursuant to Section 8-101.2 of\n\nthis title.\n\nD. Transfers authorized by this section shall be made under\n\nrules adopted by the State Board of Education. When a student with\n\ndisabilities or pregnant student is unable to attend any school or\n\nclass in the district of residency, the board of education of the\n\ndistrict may provide for home instruction for the student. The\n\nState Board of Education is further authorized to cooperate with any\n\nschool district in the state to make it possible for a student with\n\ndisabilities to attend the regular school by making special\n\nprovisions for the transportation of the student, or for special\n\nequipment, devices, books, supplies or other facilities, or for\n\nspecial instruction within the regular school building. The\n\nprovisions for services and transfers as provided for in this\n\nsection shall be made with consideration of the least restrictive\n\nenvironment and IEP requirements under the Individuals with\n\nDisabilities Education Act (IDEA).\n\nE. Beginning with the 2008-2009 school year, a transfer granted\n\nfor a student with disabilities pursuant to paragraph 4 of Section\n\n13-101 of this title for three (3) consecutive years to the same\n\nschool district shall automatically be renewed each year. The\n\ndistrict in which the student resides shall continue to pay tuition\n\nas provided for in paragraph 4 of Section 13-101 of this title.\n\nF. Each school district board of education shall annually\n\nsubmit to the State Department of Education the number of transfer\n\nrequests for students with disabilities approved and denied and\n\nwhether each denial was based on availability of programs, staff, or\n\nservices. The State Department of Education shall publish the data\n\non its website and make the data available to the Office of\n\nEducational Quality and Accountability.\n\nG. Each year, the Office of Educational Quality and\n\nAccountability shall randomly select ten percent (10%) of the school\n\ndistricts in the state and conduct an audit of each district’s\n\napproved and denied transfers of students with disabilities. If the\n\nOffice finds inaccurate reporting, the school district shall comply\n\nwith the changes recommended in the audit. Nothing shall prohibit\n\nthe Office from conducting the audit required by this subsection in\n\nconjunction with the audit required by subsection G of Section 8-\n\n101.2 of this title.","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":"f62fd310b932467346ccd1a02069b3d75cfebcd24b1f49e806b22ceb21067236","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-13-102","next":"us-ok/okla.-stat.-tit.-70-70-13-104"},"notice":"GroundRules: Original legal text. Not legal advice."}