{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-18-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-18-110","heading":"Adjustments and limitations","body":"A. If any district, or a part of a district, becomes a part of\n\nanother district by consolidation, annexation, or otherwise, the\n\nfollowing procedure shall be followed, except as otherwise provided\n\nby law, in calculating aid to the new district or districts so\n\nformed:\n\n1. If the action occurs after budgets have been approved by the\n\ncounty excise board and the tax levies approved, the State Aid for\n\nthe current year shall be calculated for each district as it existed\n\nprior to the annexation and prorated to the annexing district or\n\ndistricts on the basis of average daily attendance.\n\n2. If the action occurs prior to approval of the school\n\ndistrict budgets by the county excise board, the annexed district\n\nshall be merged with the annexing district or districts and State\n\nAid shall be calculated according to the formula provided by this\n\ntitle.\n\nB. Any school district that does not maintain school for a full\n\nterm pursuant to Section 1-109 of this title shall have its State\n\nAid reduced proportionately unless it has received written approval\n\nto maintain school for less than a full term from the State Board of\n\nEducation. The State Board of Education shall not approve any\n\nrequest to maintain school for less than a full term unless such\n\nrequest meets the requirements of Section 1-109 of this title.\n\nC. 1. If a school district operates a school located in a\n\nstate institution, as described in subsection E of Section 1-113 of\n\nthis title, for the pupils of school age residing in such\n\ninstitution, the membership of such children shall be included in\n\nthe membership of such school district for the purpose of\n\ncalculating State Aid of the district.\n\n2. If a school district provides education to children in out-\n\nof-home placements who are not residents of the school district in\n\nwhich an entity is located pursuant to the provisions of subsections\n\nD and F of Section 1-113 of this title, the membership and out-of-\n\nhome placement pupil weight for such student shall be included in\n\nthe membership of the district providing the education for the\n\npurposes of calculating State Aid.\n\nD. Upon determination by the Finance Division of the State\n\nDepartment of Education that a legal residence for a child placed in\n\nan out-of-home placement cannot be identified, the district in which\n\nthe placement is located shall be the district of residence and the\n\naverage daily membership of such child shall be credited to such\n\ndistrict.\n\nE. If any school district shall fail, neglect or refuse, for\n\nany reason whatsoever, to provide special education and related\n\nservices for a child with disabilities, certified as such by\n\ncompetent authorities and residing in such district, as directed in\n\nSection 13-101 of this title, the following is hereby authorized:\n\n1. Such child shall be entitled, upon petition by the child's\n\nparent or guardian, without consent or approval of the school\n\ndistrict not providing special education and related services, to\n\ntransfer to any adjacent or nearby school district which will accept\n\nthe child with disabilities and provide the special education and\n\nrelated services which such child is entitled to receive.\n\nNotwithstanding the provisions of the Education Open Transfer Act, a\n\nschool district in which a child transferring under this section\n\nresides shall pay to the district receiving and educating such\n\nchild, as tuition, a special education transfer fee as provided in\n\nparagraph 2 of this subsection. Provided the average daily\n\nmembership of such child shall be credited to the resident district\n\nof such transferee.\n\n2. The special education transfer fee shall be the per capita\n\ncost of the receiving district for current expenditures for the\n\nspecial education and related services of such child with\n\ndisabilities based upon the cost of teachers, equipment, material,\n\nand special costs associated with the special education class.\nhip of such child shall be credited to the resident district\n\nof such transferee.\n\n2. The special education transfer fee shall be the per capita\n\ncost of the receiving district for current expenditures for the\n\nspecial education and related services of such child with\n\ndisabilities based upon the cost of teachers, equipment, material,\n\nand special costs associated with the special education class.\n\n3. It shall be the duty of the school district from which such\n\nchild with disabilities transfers to appropriate and pay such\n\nspecial education transfer fee to the district which receives and\n\neducates such child. If a school district owing such special\n\neducation transfer fees shall fail, neglect or refuse for any reason\n\nwhatsoever to appropriate and pay such special education transfer\n\nfees, then the school district entitled to receive such fees shall\n\ncertify such fact to the Finance Division of the State Department of\n\nEducation. Upon receipt of such certification, the Finance Division\n\nshall deduct the amount of the special education fee from any State\n\nFoundation Program or Incentive Aid otherwise due the sending\n\ndistrict and transmit such amount to the receiving district.\n\n4. The sending school district shall also be obligated to pay\n\nthe special education transfer fee, notwithstanding the provisions\n\nof the Education Open Transfer Act:\n\na. whenever a student who resides in the district is\n\ntransferred to another school district for purposes\n\nother than to acquire special education,\n\nb. the student is subsequently found to require such\n\nspecial education and related services,\n\nc. the student is determined to be eligible by the\n\nSpecial Education Division of the State Department of\n\nEducation, and\n\nd. the student is placed in an appropriate special\n\neducation program by the receiving school district.\n\nFor purposes of this paragraph, the special education transfer fee\n\nshall be as provided by paragraph 2 of this subsection, prorated by\n\nthe receiving school district according to the number of days the\n\nstudent has been enrolled in the special education program. The\n\nreceiving district shall notify the sending district immediately\n\nupon finding that the student requires special education and related\n\nservices and the sending district shall participate in planning the\n\nstudent's Individualized Education Program (IEP) and in subsequent\n\nreviews of the program in accordance with the Individuals with\n\nDisabilities Education Act (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":"d3d49c55eb4c0c208a31b3357c8dcdb428edc891414dcb93310656a7c86143da","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-18-109.7","next":"us-ok/okla.-stat.-tit.-70-70-18-111"},"notice":"GroundRules: Original legal text. Not legal advice."}