Section 911. Alternative Education Programs
A. Contingent upon the provision of appropriated funds designated for Alternative Education Academies pilot programs, the State Board of Education is authorized to award one or more competitive grants for alternative education programs to school districts, nonprofit organizations, or entities formed by interlocal cooperative agreements pursuant to Section 5-117b of Title 70 of the Oklahoma Statutes. The grant awards shall be made to school districts located in counties with a high number of dropouts as reported by the Office of Accountability for the school year preceding the year for which the grant is being sought and a high number of referrals to the juvenile justice system or, if the grant award is to a nonprofit organization or entity formed by an interlocal cooperative agreement, the program to be funded shall serve students in school districts located in counties with a high number of dropouts and a high number of referrals to juvenile justice system. Programs eligible for funding shall include but not be limited to programs provided:
1. Directly by a school district
2. Pursuant to an interlocal cooperative agreement with another school district or districts or an area vocational and technical school district; or
3. Pursuant to contract with a nonprofit organization
B. In order to be eligible for an Alternative Education Academy Grant, a program shall:
1. Allow class sizes and student/teacher ratios which are conducive to effective learning for at-risk students;
2. Incorporate appropriate structure, curriculum, and interaction and reinforcement strategies designed to provide effective instruction;
3. Include an intake and screening process to determine eligibility of students.
4. Demonstrate that teaching faculty are appropriately certified teachers;
5. Demonstrate that teaching faculty have been selected on the basis of a record of successful work with at-risk students or personal and educational factors that qualify them for work with at-risk students;
6. Reflect appropriate collaborative efforts with state agencies and local agencies serving youth;
7. Provide courses that meet the curricular standards adopted by the State Board of Education and remedial courses;
8. Offer individualized instruction;
9. State clear and measurable program goals and objectives;
10. Include counseling and social services components with the provision that providers of services are not required to be certified as school counselors;
11. Require a plan leading to graduation be developed for each child in the program;
12. Offer life skills instruction;
13. Provide opportunities for art education to students, including Artists in Residence programs coordinated with the Oklahoma Arts Council;
14. Provide a proposed annual budget;
15. Include an evaluation component including an annual written self-evaluation; and
16. Be appropriately designed to serve middle school, junior high school and secondary school students in grades six through twelve who are most at risk of not completing a high school education for a reason other than that identified in Section 13-101 of Title 70 of the Oklahoma Statutes.
17. Alternative education students may not be excluded from participating in vocational programs, extracurricular activities, athletics, bands an clubs provided that they meet the usual requirements of those programs. (Added as the 17th criteria with the passage of HB 1284 in the summer of 1999.)
C. Grant recipients shall have priority, if recommended by the Alternative Education Academy Grants Technical Assistance Center as provided for in subsection F of this section, and if funds are available, for annual renewal of grants by the State Board of Education in amounts and on conditions as provided in this section. If a district receives grants for an Alternative Education Academy programs for three (3) consecutive school years and if the program upon evaluation by the Technical Assistance Center meets the criteria set forth in subsection B of this section, funding shall be as follows:
1. Funding for the fourth consecutive school year shall be in an amount of fifty percent (50%) of the average amount of grants awarded for the program pursuant to this section for the first (3) consecutive school years;
2. Funding for the fifth consecutive school year shall be awarded only if the program has been state-validated and replicated by another district; if funding is awarded, it shall be in the amount of twenty-five percent (25%) of the average amount of grants awarded to the program pursuant to this section for the first three (3) consecutive school years;
3. All grants for the fourth and fifth school years as provided above shall be matched with local funds or in-kind contributions. Programs which received grants continuously for five (5) consecutive school years shall not thereafter be eligible for grants pursuant to this section.
D. School districts that receive Alternative Education Academy Grant shall not use the grant funds to supplant budgeted district expenditures for existing alternative education programs. Provided, programs that have been funded in prior years Alternative Approaches grants pursuant to Section 1210.561 of this title may be funded through Alternative Education Academy Grants if included in the grant request and approved.
E. By September 15 of each school year, all revenue received and expended for students participating in alternative education academies created in subsection A of this section shall be reported to the State Department for Education by major object codes and by program classifications pursuant to the Oklahoma Cost Accounting System as adopted by the State Board of Education pursuant to Section 5-135 of this title.
F. Recipients of Alternative Education Academy Grants shall be subject to statutes and rules applicable to alternative education, including any exemptions from statutory or regulatory requirements authorized by statutes or rule.
G. 1. From funds appropriated for Alternative Education Academy Grants, the State Board of Education shall contract for technical assistance for operation of an Alternative Education Academy Grants Technical Assistance Center. The technical assistance provider shall be an entity located in Oklahoma that is officially recognized by the United States Department of Education to assess and facilitate dissemination of validated educational programs in Oklahoma. The technical assistance provider shall have priority, if its operations are deemed satisfactory by the State Board of Education and if funds are available, for annual renewal of the contract.
2. The duties of the technical assistance provider shall include, but not be limited to:
a. recommending programs to the State Board of Education for Alternative Education Academy Grants.
b. providing initial and ongoing training of personnel who will educate at-risk populations through programs funded pursuant to this section,
c. providing technical assistance to districts identified by the State Department of Education as eligible for initial grants pursuant to subsection A of this section,
d. providing technical assistance to grant recipients to enhance probability of success of grant-funded programs,
e. evaluating grant-funded programs for possible state validation as defined in Section 1210.561 of this title,
f. reporting to the State Board of Education the name and description of any program which receives state validation, and
g. providing in-depth program analysis and evaluation of grant-funded programs to the State Board of Education and the Legislature no later than November 1 following the end of the school year in which one or more grant-funded programs were implemented.
h. The State Board of Education shall promulgate rules as necessary to administer the Alternative Education Academy Grants and the process by which the grant funding shall be allocated.
i. Any school district which does not participate in the Alternative Education Academy Grants created in this section may provide an alternative education program pursuant to the provisions of this section. (70-1210-563)
Note: Amended by HB 2647, Sec. 11 of the 1996 Reg. Sess.
Section 912. Alternative Education Academy Grants.
No later than August 1, 1994, the State Department of Education shall identify eight school districts eligible to receive Alternative Education Academy Grants based on the criteria set out in subsection A of Section 62 of this act. The Department shall notify the eligible districts and require the districts to submit plans for Alternative Education Academy programs no later than November 1, 1994. The initial programs shall be implemented no later than the beginning of the second semester of the 1994-95 school year. The technical assistance provider shall provide assistance to the identified districts in assessing needs and design programs. Two or more of the identified districts may submit one program plan if the plan will serve students in the cooperating districts. Identified districts that do not submit plans for and implement effective programs as determined by the technical assistance provider shall be penalized in the amount equal to five percent (5%) of the amount of State Aid the district received for the 1994-95 school year. The penalty shall be enforced by reducing State Aid to the district during the following school year. The State Board of Education shall promulgate rules establishing an appeal process to the Board for districts which have been assessed a penalty. (70-1210.564)
Note: Enacted by HB 2640, Sec. 63. of the 1994 Reg. Sess
Section 913. Alternative Education Pay Incentives-School Counselor Certificates Not Required.
A. A certified teacher in a program funded by an Alternative Education Academy Grant shall be paid a five percent (5%) increment above the designated step for that teacher within the adopted salary schedule of the district.
B. Persons providing counseling or social services in a program funded by an Alternative Education Academy Grant shall not be required to be certified as school counselors by the State Board of Education. (70-1210.565)
Note: Enacted by HB 2640, Sec. 64. of the 1994 Reg. Sess
Section 914. Implementation Requirements for State Board of Education and Local District.
A. By July 1, 1994, the State Board of Education shall notify in writing every school district of the provisions of this act which relate to alternative education.
B. By December 1, 1994, every school district that serves middle school, junior high and secondary school students shall conduct and report to the State Department of Education a needs assessment to identify those students in grades six through twelve who are most at risk of not completing a high school education for a reason other than that identified in Section 13-101 of Title 70 of the Oklahoma Statutes, including students under the age of nineteen (19) who reside in the district and have dropped out of school or have been suspended from school. Districts shall utilize data and information from juvenile justice agencies and the Office of Accountability in conducting the needs assessment. The results of the needs assessments shall be reported to the State Department of Education in a format specified by the Department.
C. By May 1, 1994, every school district as specified in subsection B of this section shall develop and submit to the State Department of Education a proposed plan approved by the district board of education, for meeting the needs of the students at risk of not completing a high school education as identified through the needs assessment required in subsection B of this section by establishing, continuing or expanding alternative education programs. The district shall include parents, students, teachers, law enforcement representatives, judicial system representatives, social service representatives, area vocational-technical school district representatives, and others deemed appropriate by the board of education in the development of the proposed plan. If the school district overlaps an area vocational-technical school district or districts, the plan shall be coordinated with the board of education of each overlapped area vocational-technical school district.
D. The proposed plan shall be placed on file at the office of the school district superintendent where it shall be made available to the public on request.
E. By September 1, 1994, the State Board of Education shall prepare and submit to the Legislature and the Governor a proposed statewide plan, including a statement of needed funding, for the provision of alternative education to students in grades six through twelve who have been identified by school districts in their needs assessments as being at risk of not completing a high school education for a reason other than that identified in Section 13-101 of Title 70 of the Oklahoma Statutes. The plan should include provisions for cooperative agreements to provide services for students in alternative education programs and coordination with the State Board of Vocational and Technical Education. (70-1210.566)
Note: Enacted by HB 2640, Sec. 65. of the 1994 Reg. Sess.
Section 915. Alternative Education Programs - Statewide System.
Beginning with the first semester of 1996-97 school year, the State Board of Education shall implement a statewide system of alternative education programs which shall be phased-in within five (5) years. Beginning with the first semester of the 2000-2001 school year, all school districts of this state shall provide alternative education programs that conform to the requirements of statutes and rules applicable to alternative education. An alternative education program may be offered by an individual school district or may be offered jointly by school districts that have formed interlocal cooperative agreements pursuant to Section 5-117b of Title 70 of the Oklahoma Statutes (70-1210.568).
Note: Enacted by HB 2692. Sec. 44 of the 1996 Reg. Sess.
Section 916. Submission of Student Needs Assessment and Alternative Education Plan.
A. Each school district shall be required to update and submit on an annual basis the student needs assessment and alternative education plan outlined in Section 1210.566 of this title. The alternative education plan of each school district shall provide for specific professional development programs for the teachers teaching in or working with an alternative education program. The annual needs assessment data shall be incorporated by the State Board of Education into an annual report which shall be submitted to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor. The report shall include a listing by school district of the number of students funded and the reported number of students served in an alternative education program.
B. By July 1 of each year, each school district shall submit an expenditure report to the State Department of Education listing all of the expenditures made by the school district for the alternative education program for the previous year.
C. Each urban school district as defined in Section 1210.568 of this title and as identified by the State Department of Education as having a high population of elementary grade students who are at-risk and in need of alternative education shall expand the annual students needs assessment and alternative education plans as required in subsection A of this section to include a needs assessment and education plan for elementary students who are at-risk and in need of alternative education. (70-1210-569)
Section 917. Abbreviated School Day and Certification Requirements for Alternative Schools.
A. Upon application of a district board of education, that State Board of Education shall authorize an abbreviated day schedule for an alternative school or alternative education program that is or will be administered by the district pursuant to the provisions of this act or for the education provided for students in residential or treatment facility located within the district. A student assigned to the alternative school, an alternative education program or receiving education services in a residential or treatment facility within the district who attend for a full abbreviated day shall be counted in attendance for purposes of computing average daily attendance and average daily membership for the district.
B. No later than August 1, 1994, the State Board of Education in consultation with the Oklahoma Commission for Teacher Preparation shall promulgate rules by which a certified teacher who is qualified to teach in an alternative education program or alternative school as determined by the district board of education offering the alternative education program or alternative school or who teaches students in a residential or treatment facility may be certified to teach subjects in which the teacher does not hold certification. The rules shall provide:
1. The certification may be granted only upon application of a district board of education offering an alternative education program or alternative school pursuant to the provisions of this act or upon application of a district board of education offering a residential or treatment facility; and
2. The teacher's certification in subjects in which the teacher does not otherwise hold certification pursuant to the provisions of this section shall be valid only for purposes of teaching in the alternative education program or alternative school offered by the district board or in the residential or treatment facility located within the district making application. (70-1210.567)
Note: Amended by HB 2563, Sec. 1, of the 1996 Reg. Sess
Section 918. Alternative Approaches Grant.
A. Contingent upon the provision of appropriated funds designated for Alternative Approaches grants, the State Board of Education is authorized to award one or more such competitive grants to local education agencies or nonprofit organizations for programs providing services to high challenge children and youth. High challenge children and youth are those at risk of failing to complete a satisfactory education. Alternative Approaches grants shall include high challenge grants and grants for alternative education. Alternative Approaches grants shall be awarded to local education agencies or nonprofit organizations for programs serving school districts identified by the Board as having high percentages of children who are considered to be high challenge students. Such competitive grants shall be of local and state significance and shall be replicable across the state. Beginning July 1, 1993, at least twenty percent (20%) of the total dollar amount of Alternative Approaches grants shall be awarded to districts replicating state-validated programs. State validation is a process carried out by the Alternative Approaches Programs Technical Assistance Center by which grant-funded programs are evaluated for effectiveness in reaching the targeting population, local and state significance, and replicability. The Technical Assistance Center shall report to the State Department of Education the name and description of any program which receives state validation.
B. The State Board of Education is further authorized to award one competitive grant for operation of an Alternative Approaches Program Technical Assistance Center. Said programs shall not supplant programs or activities funded by the United States Government pursuant to Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended. The High Challenge Programs Technical Assistance Center grant recipient shall have priority, if its operations are deemed satisfactory by the State Board of Education and if funds are available, for annual renewal of the grant.
C. Service program grant recipients shall have priority, if recommended by the Technical Assistance Center and if funds are available, for annual renewal of grants by the State Board of Education in amounts and on conditions as provided in this section. If a district has received grants for an at risk or high challenge program for three consecutive school years and if the program, upon evaluation by the Technical Assistance Center meets the criteria set forth in subjection A of this section and satisfies criteria set forth in rules adopted by the State Board of Education pursuant to subsection D of this section funding shall be as follows:
1. Funding for the fourth consecutive school year shall be in the amount of fifty percent (50%) of the average amount of grants awarded for the program pursuant to this section for the first three (3) consecutive school years.
2. Except as otherwise provided, funding for the fifth consecutive school year shall be awarded only if the program has been state-validated and replicated by another district: for programs that have received funding for three (3) years prior to July 1, 1992, funding will be awarded only if the program is state-validated and the grantee documents attempt to have the program replicated; if funding is awarded, it shall be in the amount of twenty-five percent (25%) of the average amount of grants awarded to the program pursuant to this section for the first three (3) consecutive school years.
All grants for the fourth and fifth school years as provided above shall be matched with local funds or in-kind contributions. Programs which received grants continuously for five (5) consecutive school years shall not thereafter be eligible for grants pursuant to this section.
D. Rules adopted by the State Board of Education shall incorporate or provide for, but not necessarily be limited to:
1. Definition of the children and youth deemed high challenge for whom services are sought; provided the definition shall be consistent with the description of high challenge children and youth set forth in subsection A of this section.
2. The possibility of awards for one or more of a variety of program proposals targeted for services to limited portions of the high challenge population according to such distinctions as age groupings, rural or urban settings, other cultural characteristics, or innovative service delivery strategies;
3. Requirements that service program grant recipients have clear and measurable goals and objectives; show evidence of having given reasonable consideration to coordination with other community agencies and resources, where appropriate, in the development of their proposals; and agree to comply with all requirements of the Technical Assistance Center regarding use of assessment instruments, provision of data, and provisions of information necessary for program evaluation;
4. Requirements that the recipient of the Technical Assistance Center grant show command of relevant research and demonstrate capability for; Providing technical assistance, including operation of clearinghouse functions; coordinating with agencies such as the Oklahoma Arts Council performing assessment of high challenge children and youth; evaluating programs for effectiveness; making program cost assessments; promoting replication of successful programs; and capability for assisting program providers in attaining national validation of their programs and qualifying for federal funding.
5. Utilization of a selection committee to review applications for program and Technical Assistance Center grants and make recommendations to the State Board of Education, said selection committee to include, to the greatest extent feasible under constraints of time and funding, nationally recognized experts in the education of high challenge children and youth; and
6. Revocation of any high challenge or at risk grant awarded to, and ineligibility for award of any future high challenge grant pursuant to this act to, any grant recipient who has employed prior to May 24, 1991, any person who served as a volunteer assisting with the initial preparation of proposed rules for high challenge (formerly designated as at risk) grant programs or any person serving as a member of a selection committee during or within two (2) years following such person's service pursuant to paragraph 5 of this subsection.(70-1210.561)
Note: Amended by HB 2647, Sec. 10, of the 1996 Reg. Sess.
Section 919. Criteria for Alternative Education Grants.
Alternative Approaches grants for alternative education shall not be limited to alternative schools. Notwithstanding self-identification of a program as an alternative education program, a program shall not receive state-funded grants to provide alternative education administered through the State Department of Education unless the program meets the following criteria:
1. The program has an intake and screening process to determine eligibility to students;
2. The teaching faculty are certified teachers.
3. The program has entered into a service agreement with local agencies serving youth;
4. The program provides courses that meet the curricular standards adopted by the State Department of Education and remedial courses;
5. The program offers individualized instruction;
6. The program has clear and measurable program goals and objectives;
7. The school has counseling and social services components; however, providers of these services shall not be required to be certified school
counselors.
8. A plan leading to graduation is developed for each child in the program;
9. The program offers life skills instruction; and
10. The program has an evaluation component requiring an annual written self-evaluation. (70-1210.562)
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