2018 Oklahoma Statutes
Title 70. Schools
§70-13-132. Students placed in state care - Delivery of student records.

Universal Citation: 70 OK Stat § 70-13-132 (2018)

A. To facilitate the timely transfer and/or enrollment of a student who has been placed in state care, the personnel of a sending school district shall make every effort to ensure timely delivery of temporary and permanent student records in accordance with the foster care state plan developed by the State Department of Education in collaboration with the Department of Human Services as required by the Elementary and Secondary Education Act of 1965 (ESEA), as reauthorized and amended by P.L. No. 114-95, also known as the Every Student Succeeds Act (ESSA).

B. In accordance with the foster care state plan and Section 1-6-103 of Title 10A of the Oklahoma Statutes, in the event that the nondirectory education records of a student who has been placed in state care cannot be released to the parent(s) or legal guardian(s) of the student, school district personnel of a sending school district shall make temporary records available to a designee of the Office of Juvenile Affairs or the Department of Human Services. For the purposes of this section, "nondirectory education records" shall mean those records maintained by the school district regarding a student who is or has been enrolled at the school district which are categorized as private or confidential records pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA). Examples of nondirectory education records include but are not limited to student attendance records, test performance records, special education records, if applicable, health records and transcripts or report cards.

C. 1. A power of attorney issued pursuant to Section 700 of Title 10 of the Oklahoma Statutes shall be sufficient for the purposes of enrollment.

2. An out-of-home care placement agreement executed on a form provided by the Department of Human Services shall be sufficient for the purposes of enrollment.

D. 1. The receiving school district shall enroll and place the student upon arrival.

2. The receiving school district shall request the student's permanent records from the sending school district. Upon receipt of such a request, the sending school district shall process and furnish the student's permanent records to the receiving school district within three (3) days.

E. A student who has been placed in state care and transferred and/or enrolled pursuant to this section shall have thirty (30) days from the date of enrollment to obtain immunizations required by Section 1210.191 of Title 70 of the Oklahoma Statutes. If a series of immunizations is required, the student shall have thirty (30) days from the date of enrollment to receive the initial dose. Upon enrollment, the receiving school shall verbally inform the parent, legal guardian or legal custodian of the student about the immunization exemptions provided for in Section 1210.192 of Title 70 of the Oklahoma Statutes.

Added by Laws 2017, c. 187, § 3, eff. Nov. 1, 2017.

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