Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 10 - School Administration and Instructional Services › Subchapter 1 - General Provisions › Section 210:10-1-13 - Educational services for children in residential care, treatment, or emergency shelter facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
These policies are for the purpose of establishing
				standards for the educational services for children placed in facilities which
				exist for the purpose of providing residential care, treatment (24-hour
				residential) or emergency shelter care.
(b)
Facilities
				licensing/approval.
The facilities should be licensed or approved by the
				appropriate oversight state agency (i.e., Department of Human Services, Office
				of Juvenile Affairs, Department of Health, and Department of Mental Health and
				Substance Abuse Services). Such residential care or treatment facilities as
				juvenile detention centers, group homes, and emergency youth shelters will be
				included for these programs.
(c)
Residency.
Student residency shall be determined by application of
				70 O.S. §
									1-113:
(1) Children placed in facilities such as an
				orphanage, eleemosynary (charitable) child care facility, in which a child is
				placed by the parent or guardian for full time residential care and attend a
				district school by joint agreement of the district or facility and are not
				placed in a facility through a state contract, are residents for school
				purposes of the school district where the facility is located.
(2) Children placed in facilities which are
				state operated institutions or who are temporarily in state-licensed or
				operated emergency shelters are residents for school purposes of the school
				district where the facility is located.
(3) Children placed in a foster home, as
				defined at 10 O.S. §
										402,
				except a therapeutic foster home or a specialized foster home voluntary
				placement, by the person or agency having legal custody pursuant to court order
				or by a state agency having legal custody are residents for school purposes of
				the school district where the foster home is located. If the foster parent has
				requested that the residence of the foster child for school purposes be the
				school district in which the child resided prior to being placed in foster
				care, or the school district in which the child's previous foster family home
				is located, the district selected by the foster parent shall be the child's
				district of residence.
(4) For
				youth who are placed in juvenile detention facilities, the district of
				residence for school purposes shall be the school district in which the
				parents, guardians, or person having legal custody holds legal
				residence.
(5) When a child does
				not meet the criteria for residency provided in 70 O.S. §
										1-113,
				subsection A, and is placed in a residential care facility or treatment program
				or center, including J.D. McCarty Center (63 O.S. §
										485.1 ), which
				is out of the child's home and not in the school district in which the child
				legally resides, the facility or program shall, if the child contends he or she
				resides in a district other than the district where the facility or program is
				located, within eleven (11) days of admittance, notify the district in which
				the out-of-home placement or treatment is located of the
				admittance.