1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1566 By: Seifried
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 1-113, which relates to determination of a
8 child’s residence; removing language creating a
8 misdemeanor for making certain false statement on
9 certain affidavit; updating statutory reference;
9 updating statutory language; providing an effective
10 date; and declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-113, is
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15 amended to read as follows:
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16 Section 1-113. A. When used in this section, the residence of
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17 any child for school purposes shall be:
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18 1. The legal residence of the parents, guardian, or person
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19 having legal custody.
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20 Each school district board of education shall adopt a policy
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21 establishing the requirements for student residency for that
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22 district which provides for residence as described in this
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23 paragraph. Within the discretion of each school district’s board of
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24 education, the policy may but is not required to allow for
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 1 establishment of residency by affidavit when an adult, whether a
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2 relative or not, who does not fall within one of the categories
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3 listed above, who holds legal residence in the school district, and
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4 who has assumed permanent care and custody of the child files an
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5 affidavit with the school district attesting that they have assumed
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6 custody and the reasons for assuming custody. Any policy allowing
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7 the establishment of residency by affidavit shall require the adult
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8 who provides the affidavit to affirm in such affidavit that the
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9 custody arrangement is permanent and that the adult contributes the
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10 major degree of support to the child. If the school district policy
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11 allows establishment of residency by affidavit, any person who
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12 willfully makes a statement in the affidavit which the person knows
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13 to be false shall, upon conviction, be guilty of a misdemeanor
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14 punishable by imprisonment in the county jail for not more than one
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15 (1) year or a fine of not more than Five Hundred Dollars ($500.00)
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16 or both such fine and imprisonment. Each school district board of
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17 education shall include in its policy on residency any documentation
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18 necessary for the administration of the policy;
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19 2. The foster family home, as defined in Section 1-1-105 of
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20 Title 10A of the Oklahoma Statutes, except a therapeutic foster
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21 family home or a specialized foster home where a child is in
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22 voluntary placement as defined in subsection D of this section, in
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23 which the child has been placed:
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 1 a. by the person or agency having legal custody of the
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2 child pursuant to a court order, or
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3 b. by a state agency having legal custody of the child
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4 pursuant to the provisions of Title 10A of the
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5 Oklahoma Statutes.
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6 Upon request of the foster parent, the residence of a child
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7 in foster care for school purposes may be changed to the school
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8 district in which the child resided prior to being placed in foster
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9 care or the school district in which the previous foster family home
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10 of the child is located;
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11 3. Any orphanage or eleemosynary child care facility having
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12 full-time care and custody;
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13 4. Any eleemosynary child care facility in which a child is
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14 placed by a parent or guardian for full-time residential care;
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15 provided, the provision of this paragraph shall apply only to
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16 children who attend a district school by joint agreement of the
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17 school district and facility and who are not placed in the facility
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18 through a state contract. For purposes of this paragraph,
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19 “eleemosynary child care facility” means a facility:
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20 a. where child care and services are provided, and
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21 b. which is funded predominantly by benevolent or
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22 charitable funds and is exempt from taxation pursuant
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23 to the provisions of Section 501(c)(3) of the Internal
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24 Revenue Code, 26 U.S.C., Section 501(c)(3);
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 1 5. Any state-operated institution in which a child has been
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2 placed by a parent or guardian or by a state agency having legal
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3 custody of the child pursuant to the provisions of Title 10A or
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4 Section 3-101 of Title 43A of the Oklahoma Statutes for care and
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5 treatment due to a physical or mental condition of the child;
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6 6. Any facility in which a child has been admitted and is
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7 receiving on-site educational services as provided for in Section 3-
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8 104.7 of this title;
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9 7. The district in which a child who is entirely self-
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10 supporting resides and attends school; or
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11 8. A state-licensed children’s emergency resource center or
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12 state-operated emergency shelter.
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13 B. No school district shall bear the cost of educating children
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14 who are not residents of this state. A school district may furnish
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15 educational services pursuant to contract as elsewhere provided by
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16 law. A school district may furnish educational services pursuant to
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17 a contract to children who do not reside in the United States of
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18 America; provided, the children shall not be counted in the average
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19 daily membership of the school district.
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20 C. For the purpose of ensuring that a child placed in a
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21 therapeutic foster family home, as defined in Section 1-1-105 of
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22 Title 10A of the Oklahoma Statutes, receives an appropriate
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23 education, no receiving school district shall be required to enroll
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24 such a child if the enrollment would cause the proportion of
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 1 students in therapeutic foster family homes as compared to the
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2 average daily membership of the receiving district for the preceding
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3 school year to exceed two percent (2%). Children served by Head
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4 Start may not be counted for the purpose of this paragraph unless
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5 the child is on an individualized education program provided by the
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6 school district. Any school district may enroll such students who
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7 are outside the student’s resident district in therapeutic foster
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8 family home placements which exceed this limit if the school
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9 determines it possesses the ability to provide such child an
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10 appropriate education.
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11 D. When a child does not meet the criteria for residency
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12 provided in subsection A of this section and is placed in any of the
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13 following entities which is out of the home of the child and not in
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14 the school district in which the child legally resides:
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15 1. A residential facility;
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16 2. A treatment program or center, including the facility
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17 operated pursuant to Section 485.1 of Title 63 of the Oklahoma
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18 Statutes;
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19 3. A therapeutic foster family home as defined in Section 1-1-
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20 105 of Title 10A of the Oklahoma Statutes;
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21 4. A specialized foster home, which is a specialized foster
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22 home or an agency-contracted home under the supervision of and
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23 certified as meeting the standards set by the Department of Human
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 1 Services and is funded through the Department of Human Services Home
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2 and Community-Based Waiver Services Program; or
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3 5. An acute psychiatric care facility,
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4 the entity shall, if the child contends he or she resides in a
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5 school district other than the district where the entity is located,
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6 within eleven (11) days of admittance, notify the school district in
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7 which the entity is located of the admittance.
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8 For minors who are persons requiring psychiatric treatment as
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9 defined by Title 43A of the Oklahoma Statutes, on-site educational
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10 services shall be provided beginning on the eleventh day of
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11 admission.
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12 Upon provision of educational services to children pursuant to
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13 the provisions of subsection F of this section, the receiving school
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14 district shall receive the State Aid as defined in subsection C of
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15 Section 18-110 of this title for those students.
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16 Access to the due process procedure guaranteed to children with
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17 disabilities shall be available to resolve disagreements about the
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18 appropriateness of placements of children with disabilities.
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19 E. The governing body of any state institution for children
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20 operated pursuant to the provisions of Title 10A of the Oklahoma
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21 Statutes or Section 3-101 of Title 43A of the Oklahoma Statutes and
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22 the board of education of the school district in which the
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23 institution is located or any other school district in the state
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24 willing to provide necessary educational services may enter into a
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 1 contract whereby the district will maintain a school for the
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2 children of the institution, in which event the residence of the
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3 children for school purposes will be considered as being in the
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4 district maintaining the school; provided, however, that upon
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5 release from the school, a child shall be considered as a resident
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6 of the originating school district for school purposes. The
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7 governing body of the state institutions specified in this
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8 subsection shall pay the costs for educating students placed in the
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9 state institution less any amount of funds received for the students
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10 by the school district contracting with the state institution to
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11 provide necessary educational services.
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12 F. 1. The school district in which an entity as described in
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13 subsection D of this section exists to serve children in out-of-home
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14 placements shall, upon request of the individual or agency operating
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15 the entity, provide the educational services to which the children
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16 in the entity are entitled subject to the limitations provided in
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17 subsection C of this section. No person operating such an entity
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18 may contract for the provision of educational services with any
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19 school district other than the school district in which the entity
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20 is located unless the school district in which the entity is located
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21 agrees in writing to allow another school district to provide the
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22 educational services or unless the person operating the entity
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23 contracts with another school district for the provision of
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24 educational services to be provided through remote Internet-based
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 1 courses. No person operating such an entity may contract for the
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2 provision of educational services with more than one school
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3 district.
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4 2. Prior to location in a school district, the individual or
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5 agency operating an entity described in subsection D of this section
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6 which requires provision of educational services from the school
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7 district shall notify the local board of education of its
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8 anticipated educational needs. No school district shall be required
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9 to provide educational services for students in the entity until at
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10 least sixty (60) calendar days have elapsed from the time in which
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11 the local board of education was initially notified of the need
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12 unless the school district so agrees to provide the educational
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13 services sooner. The provisions of this paragraph shall not apply
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14 to therapeutic or specialized foster homes.
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15 3. Educational services provided shall meet or exceed state
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16 accreditation standards. No school district shall be responsible
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17 for any expenses for students in an entity described in subsection D
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18 of this section which are not directly related to the provision of
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19 educational services. A school district shall not be obligated for
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20 expenses of those students in an entity in the current school year
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21 for whom educational services are requested after the first nine (9)
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22 weeks of the current school year for the district if educational
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23 services are requested for twelve or more students than were served
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24 in the first nine (9) weeks, unless the school district chooses to
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 1 provide educational services for the current school year. Contracts
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2 and agreements for provision of educational services may allow for
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3 the use of public and private sources of support which are available
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4 to share the costs of educational services and of therapies,
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5 treatments, or support services. Otherwise valid obligations to
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6 provide or pay for such services, such as Medicaid, shall remain in
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7 effect for children who are eligible for the services from sources
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8 other than the school district.
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9 4. Upon the request of any residential facility which has
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10 contracted with the Office of Juvenile Affairs to provide either a
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11 regimented juvenile training program or a high-impact wilderness
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12 camp to a minimum of forty students who have been adjudicated, a
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13 school district may contract for the facility to provide the
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14 educational services to those students. Under a contract, the
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15 facility shall operate in accordance with all applicable laws,
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16 including compliance with Section 18-114.14 Section 18-114.15 of
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17 this title. The contract shall include the State Aid generated by
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18 the students, less a fee for administrative services which may be
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19 retained by the school district, not to exceed ten percent (10%) of
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20 the total on an annual basis. The school district shall exercise
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21 supervision over the educational program in the facility and bear
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22 all responsibility for required educational reporting. The school
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23 district shall maintain access to all educational records for
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24 students in the facility, and shall provide for the appropriate
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 1 academic credit and diplomas. The school district shall be
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2 indemnified against any actions or penalties on the part of the
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3 facility which result in adversity for the school district.
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4 G. Any question as to the place of residence of any child for
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5 school purposes shall be decided pursuant to procedures utilized by
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6 the State Department of Education.
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7 H. The receiving district shall notify the district of
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8 residence immediately upon finding that the student requires special
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9 education and related services, and the district of residence shall
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10 participate in planning the Individualized Education Program
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11 individualized education program (IEP) for the student and in
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12 subsequent reviews of the program in accordance with the Individuals
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13 with Disabilities Education Act (IDEA).
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14 SECTION 2. This act shall become effective July 1, 2024.
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15 SECTION 3. It being immediately necessary for the preservation
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16 of the public peace, health, or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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20 59-2-2695 EB 1/5/2024 2:33:15 PM
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