340:75-6-50 - Education

340:75-6-50. Education

(a) Education assurance. A child in the custody or care of the Oklahoma Department of Human Services (DHS) is provided access to an education including teaching, educational materials, and books, per Section 1-7-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-105).

(b) Education assurance required for the Title IV-E eligible child. Per 10A O.S. § 1-7-103, DHS is required to ensure that a child who attains the minimum age for compulsory school attendance and is eligible for a Title IV-E foster care payment is:

(1) enrolled in an institution that provides elementary or secondary education;

(2) instructed in elementary or secondary education in any legally authorized education program;

(3) in an independent-study elementary or secondary education program; or

(4) incapable of attending school on a full-time basis due to a documented medical condition supported by regular updates.

(c) Health and education records provided to court. Per 10A O.S. § 1-4-704, the child's most recent available health and educational records are provided to the court at the court's request including, but not limited to:

(1) the names and addresses of the child's health and educational providers;

(2) the child's grade-level performance;

(3) the child's school record;

(4) the child's immunization record;

(5) the child's known medical problems including communicable diseases;

(6) the child's medications; and

(7) any other relevant health and education information.

(d) Individuals with Disabilities Education Act (IDEA). The child with disabilities in Oklahoma, including the child in DHS custody, has the statutory right to receive special education and related services from birth through 21 years of age as mandated by Title 70 O.S. Oklahoma School Code and the Education of All Handicapped Children Act, codified at Sections 1400-1461 of Title 20 of the United States Code (20 U.S.C. §§ 1400-1461). IDEA specifies that each child with a disability 3 to 22 years of age receives specialized services to meet the child's needs. The child with disabilities has the basic rights to:

(1) a Free Appropriate Public Education (FAPE);

(2) an education in the least restrictive setting possible; and

(3) an Individualized Education Program (IEP).

(e) Parents' rights regarding educational requests. Parents and surrogate parents, including foster parents acting in place of the parents, have the right to examine the child's complete school records. In addition, the school system is obligated to provide notice to the parent when the school system refuses to take actions requested by the parent. The notice informs the parent of each procedure available to the parent under IDEA and must be written in the parent's native language.

(f) Foster or surrogate parents acting in place of the parents. When the parent is unable, unavailable, or unwilling to participate in the child's school arrangements, foster parents may act in place of the parent to represent the child's educational interests. DHS employees and other public agency employees may not act in place of a parent or sign an IEP. Volunteers, who serve as surrogate parents for children in placements other than foster care, are required to complete training through the Oklahoma State Department of Education.

(g) Every Student Succeeds Act (ESSA) child welfare (CW) point of contact. Per 20 U.S.C. § 6312, each CW district must:

(1) designate a point of contact;

(2) notify each local educational agency in that CW district, in writing, of the designee; and

(3) create a local educational agency plan to support ESSA guidelines for students in foster care.

(h) Oklahoma's Promise. DHS provides parents, foster parents, and legal guardians of foster youth with information on Oklahoma's Promise, formerly known as the Oklahoma Higher Learning Access Program (OHLAP) including, but not limited to, eligibility, application guidelines, academic requirements, and any other information required by Oklahoma's Promise for participation in the program.

(i) Corporal punishment by school. DHS and the foster parent do not authorize school personnel to administer corporal punishment to a child in DHS custody. The foster parent does not authorize corporal punishment by school personnel, but refers school personnel to the CW specialist to establish alternative discipline methods, per Oklahoma Administrative Code 340:75-7-38.

(Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017 Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019)

Added at 11 Ok Reg 647, eff 11-22-93 (emergency) ; Added at 11 Ok Reg 1729, eff 5-12-94 ; Amended at 13 Ok Reg 3669, eff 4-29-96 (emergency) ; Amended at 14 Ok Reg 2288, eff 6-12-97 ; Amended at 15 Ok Reg 211, eff 11-1-97 (emergency) ; Amended at 15 Ok Reg 1663, eff 5-11-98 ; Amended at 17 Ok Reg 92, eff 10-1-99 (emergency) ; Amended at 17 Ok Reg 1311, eff 5-11-00 ; Amended at 18 Ok Reg 393, eff 12-8-00 (emergency) ; Amended at 18 Ok Reg 2128, eff 6-11-01 ; Amended at 19 Ok Reg 2208, eff 6-27-02 ; Amended at 26 Ok Reg 884, eff 5-15-09 ; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency) ; Amended at 27 Ok Reg 1865, eff 7-1-10 ; Amended at 30 Ok Reg 839, eff 7-1-13

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