2015 SDE Rules
Legal Status of Proposed Rules The omnibus bill of all proposed agency administrative rules did not pass the legislature this session. 75 O.S. 308.3 authorizes Governor Fallin to issue a declaration approving all rules contained in the omnibus resolution. Governor Fallin will have to declare the rules to be approved and finally adopted by publishing her declaration in the Oklahoma Register in order for these rules to take effect.
Due Process Suspension and/or Revocation of Certificates Amendments to Rule 210:1-5-6 clarify procedures for the SDE s provision of notice to a certificate holder when a certificate revocation will be considered. The amendments provide that a hearing shall be set no earlier than 45 days from the date the complaint is filed, and that a certificate holder must keep a current address on file with the SDE. At least 15 days prior to the hearing date, names/addresses of desired witnesses must be given to the SBE secretary, and parties shall exchange witness lists and exhibits.
School Administration & Instructional Services Audits Rule 210:10-1-5 has been amended to reflect changes to 70 O.S. 1-111 made by HB 1864 (2009). HB 1864 added the option for school districts to implement a 1,080 hour school year as an alternative to a 180 day school year, so the attendance provisions in the rule were updated to apply also to districts that choose a 1,080 hour school year structure.
General Provisions: Transfers Rule 210:10-1-18 adds harassment, intimidation, and bullying as a basis for a student to request an emergency transfer. It also clarifies when certain emergency transfers require other action of approval from a sending district and the statutory grounds for various categories of student transfers. The rule also adds a provision implementing the new Deployed Parents School Act of 2013 which permits transfers of students to a district in which the student will be residing with a relative. The rule also revises the deadlines for submission, acceptance, and confirmation of open transfers.
Child Nutrition Program Rule 210:10-3-111 updates the State Department of Education rules to reflect current federal policy and agency practice regarding snacks sold in schools. The USDA s new Smart Snacks in Schools guidelines replace the previous standards in the revoked rule.
Child Nutrition Program Rule 210:10-3-112 updates the State Department of Education s nutrition standards to reflect updates to federal guidance and a new State Board of Education policy based on the guidelines. It also articulates an exemption policy approved by the State Board on October 17, 2014, to permit school sites to hold no more than 30 fundraisers per site per semester that are exempt from the nutrition standards.
Student Assessment: Testing Students With Disabilities Rule 210:10-13-11 has been amended to establish statewide standards for determining student eligibility for assessment accommodations, and clean up outdated language. The amendments outline criteria for evaluating whether a student with a disability is eligible for specific accommodations on English Language Arts (ELA) and reading assessments, and sets guidelines for alternate assessments.
School Administration & Instructional Services Emergency Exemptions Rule 210:10-13-23 implements the requirements of HB 2497 (2014), which directs the SBE to promulgate rules outlining a process by which a public school district or charter school may request an exemption for one or more state-mandated assessments for a student who is unable to participate during the testing window due to a documented significant medical emergency.
Curriculum & Instruction: Common Core Standards Rules 210:15-4-1, 210:15-4-2, and 210:15-4-3 revoke the 2011 rules pertaining to adoption and implementation of Common Core academic standards.
Curriculum & Instruction: Special Education Rule 210:15-13-7 has been amended to reflect statutory changes to the Lindsey Nicole Henry program resulting from HB 2414 (2014). The amendments provide for the eligibility of students with disabilities who have been served under an Individual Family Service Plan (IFSP) through the SoonerStart program, and have been evaluated and determined eligible for public school special education services although they have not yet attended school. The amendments also outline updated payment procedures and include the updated statutory deadline for applications to the program.
Curriculum & Instruction: Special Education Rule 210:15-13-8 articulates the SDE s policies regarding the distribution of funding reserved to reimburse school districts for costs incurred providing services to high needs students with disabilities. IDEA authorizes states to create a high needs risk pool to set aside a portion of IDEA funds reserved for state-level activities to reimburse LEAs for providing services to high needs students, and establishes guidelines state programs must follow.
Supplemental Online Course Procedures Rule 210:15-34-1 removes the reference to Common Core academic standards from supplemental online course procedures. The rule requires online courses to be aligned with Oklahoma s Priority Academic Student Skills (PASS) standards.
Curriculum & Instruction: ELL Programs Rules 210:15-35-1 through 210:15-35-3 set out guidelines for providing services to ELL students. The rules establish definitions, address the responsibilities of school districts to identify and provide services to ELL students, and specify how ELL students are to be included in assessment programs.
Teacher Education & Certification Rule 210:20-9-96 provides that the criminal history record check required of applicants for a new teaching or administrative certificate under 70 O.S. 5-142 will also be required of an applicant for renewal of reissuance whose certificate has been expired 1 or more years.
Teacher Education & Certification Rule 210:20-9-99 updates the State Department of education rules to reflect statutory changes resulting from HB 1660. 70 O.S. 6-204.2 now sets out provisions that now apply to National Board certified teachers who attained certification before June 30, 2013, as well as those who attain certification after June 30, 2013.
Teacher Education & Certification Rule 210:20-9-105 implements new statutory requirements that applicants for provisional or standard certificates in special education have obtained at least a bachelor s level college degree, and permit individuals certified through the non-traditional process, but who do not hold a certification in early childhood or elementary certification, to obtain HQ status to teach special education students at the early childhood or elementary levels by successful completion of the corresponding OSAT.
Teacher & Leader Effectiveness Rules 210:20-41-1 through 210:20-41-3 outline the Teacher and Leader Effectiveness Evaluation System (TLE), pursuant to 70 O.S. 6-101.16. The rules set out the general structure of the system, and separately address the quantitative and qualitative components required by statute.
Finance Funding Criteria Rule 210:25-3-2 clarifies that Average Daily Membership and Average Daily Attendance for purposes of calculating state aid shall include three- and four-year-old students on an Individualized Education Program (IEP). The rule also clarifies that any three-yearold child on an IEP is entitled to attend public school early childhood programs where such programs are offered.
Finance Funding Criteria Rule 210:25-3-4 has been amended to establish specific timeframes during which school districts may submit each of the three personnel reports required throughout the year to the SDE. The amendments expand school district access to the personnel report submission system, via district superintendents, during certain periods when the reporting windows have been closed. The names of various reports are also updated for greater clarity.
Finance Funding Criteria Rule 210:25-3-8 establishes a definition of the term economically disadvantaged that does not require a student to actually receive free or reduced price school lunches in order to qualify as economically disadvantaged. Under the rule, a student is considered economically disadvantaged if they meet any of the USDA criteria, including but not limited to income eligibility guidelines.
Budgeting & Business Management Accounting Rule 210:25-5-4 makes non-substantive updates to the rule regulating accounting for Oklahoma School districts. The rule moves the deadline for making alterations to financial data submitted by school districts to the State Department of Education from November 15 to December 15.
Budgeting & Business Management Auditing Rule 210:25-5-5 clarifies that the Oklahoma State Auditor and Inspector is the agency authorized to approve independent auditors qualified to examine the finances of local school districts. The rule also adds a statutory citation to the School Audit Law.
School Facilities & Transportation Rule 210:30-5-5 has been amended to clarify the procedures that apply when an independent district exercises its right to voluntarily provide transportation to its own students who reside in an elementary district. The amendments also simplify the procedures by which the voters in a school district may petition the SBE for a change in the boundaries of its transportation area.
School Facilities & Transportation Rule 210:30-5-6 has been amended to provide that transportation equipment used to transport ten or more students to any curriculum-based program or activity, including technology center attendance, must meet the minimum standards for Types A, B, C, and D school buses. The amendments are necessary to ensure that vehicles used to transport students to and from technology centers meet the same standards as vehicles used to transport students to and from public schools.
School Facilities & Transportation Amendments to Rule 210:30-5-8 clarify that the valid SDE School Bus Driving Certificate and supporting documentation required for school bus drivers is required for any school district employee or volunteer assigned any school bus driving duty involving the transportation of students. These amendments are necessary to ensure that every person transporting students in a school bus, regardless of employment classification or nature of duties, meets the standards required for school bus drivers.
Accreditation Standards Amendments to Rule 210:35-3-47 provide guidance on how a person may obtain a high school diploma from the State Department of Education after completing 30 credit hours at an Oklahoma college or university, as authorized by 70 O.S. 24-116.
Accreditation Standards Rule 210:35-3-86 expands the acceptable formats for official transcripts of public school teachers and nurses to include digital copies sent electronically by the institution that issues that transcript.
Accreditation Standards Rule 210:35-25-2 has been amended to clarify that academic credits received from one school district or state-accredited private school in Oklahoma shall transfer to another school district or accredited private school upon a student s transfer to a different district or school site. The amendments also update the rule to reflect current required curriculum under 70 O.S. 11-103.6, pursuant to HB 3399 (2014).
Accreditation Standards Rules 210:35-29-2, 210:35-29-7 and 210:35-29-8 provide additional guidance regarding alternative education programs, and make updates pursuant to statutory changes. The definition of an abbreviated day schedule for alternative education programs is amended to reflect the addition of a 1,080 hour school year option to 70 O.S. 1-109 and 1-111. The rules provide flexibility to school districts and also establish additional definitions and outline statutory requirements for alternative education programs.