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An Act
ENROLLED HOUSE
BILL NO. 1393 By: Kerbs of the House
and
Daniels of the Senate
An Act relating to special education; requiring State
Board of Education to adopt certain parental consent
forms; prescribing criteria for forms; prohibiting
certain actions without parental consent; requiring
school district make certain reasonable efforts
before certain actions; requiring certain IEP team
meeting; requiring notice of meeting; authorizing
State Board of Education to adopt rules; providing
for codification; providing an effective date; and
declaring an emergency.
SUBJECT: Special education
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13-114.6 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. The State Board of Education shall adopt a separate parental
consent form that school districts shall use for determining whether
a student who has an Individualized Education Program (IEP) will
participate in the Oklahoma Alternate Assessment Program (OAAP),
pursuant to Section 11-103.6 of Title 70 of the Oklahoma Statutes,
and be provided with instruction that will be assessed by alternate
achievement standards that promote access to and progress in the
general education curriculum.
B. In accordance with 34 C.F.R., Section 300.503(c), each
parental consent form shall be provided to the parent in the
parent's native language, as defined in 34 C.F.R., Section 300.29,
and include the following:
ENR. H. B. NO. 1393 Page 2
1. An informal statement describing the benefits, risks, and
legal implications of parental consent or refusal to consent
including that the parent has the right to consent or refuse consent
to the actions described in subsection A of this section. The
statement shall include information that refusal of parental consent
means that the student will be assessed using the regular district
and state assessments with appropriate accommodations,
modifications, and supplementary aids and services, and that the
student will be taught to general education standards and not to
alternate academic achievement standards;
2. A "does consent" box and a signature line; and
3. A "does not consent" box and a signature line.
C. A school district shall not proceed with the actions
described in subsection A of this section without parental consent
unless the school district documents reasonable efforts to obtain
the parent's consent and the child's parent has failed to respond or
the school district obtains approval through a due process hearing
in accordance with 34 C.F.R., Sections 300.506 through 300.508 and
resolution of appeals.
D. If a school district determines that there is a need to
change a student's IEP as it relates to actions described in
subsection A of this section, the school shall hold an IEP team
meeting that includes the parent to discuss the reason for the
change. The school shall provide notification of a meeting to the
parent at least five (5) school days before the meeting unless the
parent and district agree otherwise, indicating the purpose, date,
time, and location of the meeting and who, by title or position,
will attend the meeting.
E. The State Board of Education shall adopt rules to implement
this section including, but not limited to, developing parental
consent forms and updating relevant policies and procedures.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 1393 Page 3
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________