Oklahoma Administrative Code Title 210 - State Department of Education
Oklahoma Administrative Code Title 210 – State Department of Education
Overview
Title 210 of the Oklahoma Administrative Code contains the rules and regulations issued by the Oklahoma State Department of Education (OSDE). These administrative rules guide the operation, governance, and standards of public education within Oklahoma.
The rules cover a wide range of education-related topics including:
Curriculum standards
Teacher certification and licensure
Student attendance and discipline
School district operations and funding
Special education services
Testing and assessment requirements
Legal Authority
The OSDE operates under statutory authority granted primarily by the Oklahoma School Code (Title 70 of the Oklahoma Statutes).
The Oklahoma State Board of Education is empowered to promulgate rules and regulations necessary to implement the public education system.
Title 210 rules provide the detailed administrative procedures and standards that align with statutory mandates.
Major Areas Covered in Title 210
1. Teacher Certification and Licensure (Chapters 15, 20)
Establishes requirements for teacher education, examinations, and ongoing professional development.
Defines types of teaching certificates (initial, provisional, standard, etc.).
Sets procedures for suspension or revocation of certificates for misconduct or incompetence.
2. Student Attendance and Discipline (Chapters 35, 40)
Rules on compulsory attendance, including exceptions and truancy procedures.
Guidelines for student discipline, suspension, and expulsion processes.
Protections for student due process in disciplinary actions.
3. Curriculum and Instruction Standards (Chapters 55, 60)
Defines required academic standards and learning outcomes for public schools.
Regulations on course offerings, graduation requirements, and instructional time.
Special rules regarding English Language Learners (ELL) and students with disabilities.
4. School District Governance and Finance (Chapters 70, 75)
Procedures for school district budgeting and financial reporting.
Rules regarding school board operations and district elections.
Funding formulas and audits.
5. Special Education Services (Chapter 90)
Compliance with individualized education programs (IEPs) for students with disabilities.
Procedures for dispute resolution and parental rights.
Standards for special education personnel and programs.
6. Testing and Assessment (Chapters 100, 105)
Requirements for statewide student assessments.
Reporting and accountability standards.
Use of test results for school and teacher evaluation.
Important Provisions
Teacher Certification Suspension
Title 210 includes clear procedures for investigation and hearing before suspension or revocation of a teacher’s license.
Licensees have the right to appeal OSDE decisions under Oklahoma administrative law.
Student Due Process
Rules ensure students receive notice and opportunity to be heard before suspension or expulsion.
These rules must be consistent with constitutional due process principles recognized in Oklahoma courts.
Funding Accountability
School districts must comply with strict financial reporting and audit standards.
OSDE may withhold funds or take corrective action if districts fail to meet requirements.
Relevant Oklahoma Case Law on Title 210 Issues
1. In re Termination of Employment of Ms. C., 2003 OK CIV APP 44, 67 P.3d 504
Issue: Whether the State Department of Education followed due process in revoking a teacher’s certificate.
Holding: The Court of Civil Appeals held that the OSDE must provide a fair hearing consistent with the administrative rules in Title 210 and ensure the licensee’s procedural rights.
Significance: Reinforces the necessity of procedural safeguards under Title 210 for license suspension.
2. Board of Education v. J.H., 1998 OK CIV APP 89, 968 P.2d 214
Issue: Student disciplinary procedures and due process rights under OSDE regulations.
Holding: The court upheld the OSDE’s rules requiring notice and hearing before long-term suspension or expulsion, affirming the administrative code’s consistency with constitutional protections.
Significance: Confirms Title 210’s alignment with Oklahoma constitutional standards on student discipline.
3. Duncan v. State Board of Education, 1987 OK 103, 745 P.2d 1098
Issue: School district financial accountability and OSDE’s authority to enforce audit findings.
Holding: The Oklahoma Supreme Court affirmed the State Board’s power under Title 210 and state statutes to enforce financial compliance by withholding state funds when necessary.
Significance: Supports OSDE’s regulatory oversight of district funding and audits.
4. In re Special Education Placement of M.G., 2005 OK CIV APP 79, 121 P.3d 1139
Issue: Compliance with special education rules in Title 210 regarding individualized education programs (IEPs).
Holding: The court emphasized adherence to OSDE rules in providing appropriate services and parental involvement.
Significance: Highlights the binding nature of Title 210’s special education provisions in protecting student rights.
Summary of Legal Principles in Title 210 and Oklahoma Courts
| Principle | Case Example | Explanation |
|---|---|---|
| Due Process for Educators | In re Termination of Ms. C. | Fair hearings required before certificate suspension/revocation. |
| Student Due Process | Board of Education v. J.H. | Notice and hearing required for suspension/expulsion decisions. |
| Financial Oversight and Compliance | Duncan v. State Board | OSDE may enforce financial rules, including withholding funds. |
| Special Education Compliance | In re Special Ed Placement of M.G. | Strict adherence to IEP and parental rights required. |
Conclusion
Title 210 OAC is the foundational regulatory framework for public education governance in Oklahoma.
It ensures professional standards for educators, student protections, financial accountability, and compliance with educational mandates.
Oklahoma courts consistently uphold the OSDE’s rulemaking authority while ensuring that due process and constitutional protections are respected.
Understanding Title 210 and its supporting case law is essential for educators, administrators, students, and parents navigating Oklahoma’s public education system.
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