Okla. Admin. Code § 210:10-2-4

Current through Vol. 42, No. 1, September 16, 2024

Section 210:10-2-4 - Noncompliance

(a)Procedure.

(1) If a Parent or guardian alleges a violation of 70 O.S. § 11-105.1, 25 O.S. § 2002(C), 25 O.S. § 2003, or OAC 210:10-2-3, the Parent or guardian shall provide a written complaint to the State Department of Education that summarizes the alleged violation, including the time, date, and location of the violation and the identity of any person involved. The complaint must also include a copy of any complaint to the School District and any response.

(2) Within fourteen days of receiving a complaint, the Department shall notify the School district of the allegation and provide an opportunity for response.

(3) The Department shall then conduct an investigation to determine whether a violation has occurred. The Department's Legal Services staff shall notify the Parent or guardian and the School district of the results of the investigation.

(4) If the Department concludes that a violation has occurred or may have occurred, the School district shall have fourteen days to request a hearing before the Board. The Board shall review the Complaint and the record using a preponderance of the evidence standard, may take additional evidence at its discretion, and shall publish an order with its findings of fact and conclusions of law.

(b)Penalties.

(1) If the State Board of Education makes a finding of willful noncompliance with the provisions of 70 O.S. § 11-105.1, 25 O.S. § 2002(C), 25 O.S. § 2003, or OAC 210:10-2-3, the State Board of Education shall alter the accreditation status of the school district at issue to either Accredited With Warning or Accredited With Probation as classified in OAC 210:35-3-201. The Board shall adjust the status to Accredited With Probation if the School district is already Accredited With Warning.

(2) If the State Board of Education makes a finding of negligent or reckless noncompliance with the provisions of 70 O.S. § 11-105.1, 25 O.S. § 2002(C), 25 O.S. § 2003, or OAC 210:10-2-3, the State Board of Education shall require the school district at issue to comply with this rule under such conditions and within such reasonable timeframes as ordered by the State Board of Education.

(3) Failure to comply with an order of the State Board of Education under paragraph (b)(2) of this section shall constitute willful noncompliance within the meaning of paragraph (b)(1) of this section.

Okla. Admin. Code § 210:10-2-4

Adopted by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023