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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1974 By: Hicks
AS INTRODUCED
An Act relating to students; amending 70 O.S. 2021,
Section 13-101, which relates to services for
children with disabilities; defining terms; removing
definition; updating statutory language; updating
statutory references; amending 70 O.S. 2021, Section
13-102, which relates to determining eligibility for
certain services; allowing a school district or
certain parent or legal guardian to initiate request
for evaluation; requiring evaluation to be conducted
within certain time frame; providing certain
construction; prohibiting provision of certain
services without consent; providing for evaluation of
certain children; providing exceptions to consent;
clarifying eligibility for certain services;
providing requirements for reevaluation; requiring
prior notice; requiring certain determination to be
made by certain team; providing for meetings of
individualized education program teams; prohibiting
certain determination from being made based on
certain determinant factors; providing for
determination of specific learning disability;
updating statutory references; updating statutory
language; directing the State Board of Education to
establish and maintain certain policies and
procedures; providing for contents of policies and
procedures; directing school districts to provide
procedural safeguards to certain parents and legal
guardians; providing procedures for due process
complaints; providing opportunity for impartial due
process hearing; providing policies and procedures
for due process hearings; directing the State
Department of Education to adopt certain policies and
procedures for mediation; directing the Department to
develop and publish certain form; providing for
placement of child while certain hearings or sessions
are pending; providing for promulgation of rules;
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providing for codification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101, is
amended to read as follows:
Section 13-101. A. For the purposes of this title:
1. “Child with a disability” means a child who is at least
three (3) years of age but has not reached twenty-two (22) years of
age with intellectual disabilities, hearing impairments, speech or
language impairments, visual impairments, serious emotional
disturbance, orthopedic impairments, autism, traumatic brain injury,
other health impairments, or specific learning disabilities and who,
by reason thereof, needs special education and related services;
2. “Free appropriate public education” means special education
and related services that:
a. have been provided at public expense, under public
supervision and direction, and without charge,
b. meet the standards of the State Department of
Education, and
c. are provided in conformity with a child’s IEP;
3. “Individualized education program” or “IEP” means a written
statement for each child with a disability that is developed,
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reviewed, and revised in accordance with the provisions of Section
13-102 of this title. The IEP shall include:
a. a statement of the child’s present levels of academic
achievement and functional performance,
b. a statement of measurable annual goals including
academic and functional goals,
c. a description of how the child’s progress toward
meeting the annual goals will be measured and when
periodic reports on the progress the child is making
toward meeting the annual goals is to be provided,
d. a statement of the special education and related
services and supplementary aids and services, based on
peer-reviewed research to the extent practicable, to
be provided to the child, or on behalf of the child,
and a statement of the program modifications or
supports for school personnel that are to be provided
for the child,
e. an explanation of the extent, if any, to which the
child will not participate with nondisabled children
in the regular class and activities,
f. a statement of any individual appropriate
accommodations that are necessary to measure the
academic achievement and functional performance of the
child on statewide assessments and district-
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administered assessments. If the IEP team determines,
and parental consent is provided as required by
Section 13-114.6 of this title, that the child shall
take an alternate assessment, the IEP shall include a
statement of why the child cannot participate in the
regular assessment and why the alternate assessment
selected is appropriate for the child,
g. the projected date for the beginning of the services
and modifications including the anticipated frequency,
location, and duration of such services and
modifications, and
h. beginning no later than the first IEP to be in effect
when the child is age sixteen (16) years and updated
annually thereafter:
(1) appropriate measurable postsecondary goals based
on age-appropriate transition assessments related
to training, education, employment, and, where
appropriate, independent living skills,
(2) transition services needed to assist the child in
reaching the postsecondary goals, and
(3) beginning no later than one (1) year before the
child reaches age eighteen (18) years, a
statement that the child has been informed of his
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or her rights, if any, that will transfer upon
reaching age eighteen (18) years; and
4. “Individualized education program team” or “IEP team” means
a group of individuals composed of:
a. the parents or legal guardians of a child with a
disability,
b. at least one regular education teacher of the child
with a disability if the child is participating in the
regular education environment,
c. at least one special education teacher or, where
appropriate, at least one special education provider,
d. a representative of the school district,
e. an individual who can interpret the instructional
implications of evaluation results who may also meet
the requirements of subparagraphs b through d of this
paragraph,
f. other individuals who have knowledge or special
expertise regarding the child including related
service personnel, at the discretion of the child’s
parent or legal guardian or the school district, and
g. the child with a disability, whenever appropriate.
B. 1. The several school School districts of Oklahoma in this
state are hereby authorized to provide special education and related
services necessary for children with disabilities as hereinafter
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defined as provided for in the Individuals with Disabilities
Education Act (IDEA) and the provisions of this act. Two or more
school districts may establish cooperative programs of special
education for children with disabilities when such arrangement is
approved by the State Board of Education. Funds may be expended for
school services for an additional period during the summer months
for approved programs for qualified children with disabilities,
provided their individualized education program (I.E.P.) IEP states
the need for extended school year special education and related
services. Children with disabilities shall mean children, as
defined in the Individuals with Disabilities Education Act (IDEA),
P.L. No. 105-17, who are three (3) years of age.
2. Provided, on On and after July 1, 1991, children from age
birth through two (2) years (0-36 months) of age three (3) years who
meet the eligibility criteria specified in Section 13-123 of this
title, shall be served pursuant to the provisions of the Oklahoma
Early Intervention Act. The attendance of said such children in
special education classes shall be included in the average daily
membership computations for State Aid purposes.
C. The State Board of Education is authorized to modify and
redefine by regulation the eligibility definitions whenever such
modification is required to receive federal assistance under the
Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17
provisions of IDEA. Rules developed pursuant to Section 18-109.5 of
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this title shall provide for such modification and revised
definitions.
D. It shall be the duty of each school district to provide
special education and related services for all children with
disabilities as herein defined who reside in that school district in
accordance with the Individuals with Disabilities Education Act
(IDEA), P.L. No. 105-17 IDEA. This duty may be satisfied by:
1. The district directly providing special education for such
children;
2. The district joining in a cooperative program with another
district or districts to provide special education for such
children;
3. The district joining in a written agreement with a private
or public institution, licensed residential child care and treatment
facility, or day treatment facility within such district to provide
special education for children who are deaf or hard-of-hearing,
children who are blind or partially blind, or other eligible
children with disabilities; or
4. Transferring eligible children and youth with disabilities
to other school districts which accept them and provide special
education and related services for such children, with the district
in which the child resides paying tuition therefor as hereinafter
provided. For those students who transfer pursuant to the
provisions of the Education Open Transfer Act, the receiving school
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district shall assume all responsibility for education and shall
count the student for federal and state funding purposes according
to the provisions of subsection B of Section 13-103 of this title.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 13-102, is
amended to read as follows:
Section 13-102. A. The determination of whether a child is
eligible for special education and related services shall be the
responsibility of the multidisciplinary evaluation team of the
school district in which such child has legal residence in
accordance with the provisions of the Individuals with Disabilities
Education Act (IDEA), P.L. No. 101-476 and the rules approved by the
State Board of Education. The eligibility of children with
disabilities shall be reevaluated at least once every three (3)
years or more frequently if conditions warrant or if the parent or
teacher of the child requests an evaluation as required under the
Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476
IDEA.
B. A school district or the parent or legal guardian of a child
may initiate a request for an initial evaluation to determine if he
or she is a child with a disability. An initial evaluation shall be
conducted within sixty (60) days of receiving consent from a parent
or legal guardian. The sixty-day period shall not apply if a parent
or legal guardian fails to produce the child for the evaluation or
if the child transfers to another school district.
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1. Consent from a parent or legal guardian to conduct an
initial evaluation shall not be construed as consent for development
of an individualized education program (IEP) or consent for a child
to receive special education and related services.
2. If a child’s parent or legal guardian fails to respond to a
request to provide consent or refuses to provide consent for the
child to receive special education and related services, the school
district in which the child is enrolled shall be prohibited from
providing such services. The school district shall not be found to
be in violation of the provisions of IDEA to provide a free
appropriate public education to the child and shall not be required
to convene an IEP team meeting or to develop an IEP for the child.
3. For a child who is a ward of the state and does not reside
with his or her parent or legal guardian, a school district shall
make reasonable efforts to obtain consent for an initial evaluation
to determine whether the child is a child with a disability.
4. Consent for an initial evaluation shall not be required if:
a. despite reasonable efforts to do so, the school
district cannot discover the whereabouts of the
child’s parent or legal guardian,
b. the rights of the child’s parent or parents have been
terminated in accordance with state law, or
c. the rights of the child’s parent or parents to make
educational decisions have been subrogated by a judge
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in accordance with state law and consent for initial
evaluation has been given by an individual appointed
by the judge to represent the child.
C. Any child determined to be a child with a disability and
eligible shall be permitted to receive such special education and
related services for a minimum period of twelve (12) years.
Successful completion of a secondary education program must shall be
determined through the individualized education program (IEP) IEP
and transcript records of the student. Eligibility for special
education and related services shall cease upon a determination and
documentation of graduation or completion of a secondary education
program in accordance with the IEP. In no event shall eligibility
for special education and related services cease prior to a child
with a disability reaching twenty-two (22) years of age unless he or
she has graduated with a standard or alternate diploma or otherwise
completed a secondary education program in accordance with his or
her IEP.
D. 1. A school district shall conduct a reevaluation of each
child with a disability if:
a. the school district determines that the educational or
related service needs including improved academic
achievement and functional performance of the child
warrant a reevaluation, or
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b. the child’s parent, legal guardian, or teacher
requests a reevaluation.
2. A reevaluation shall be conducted at least once every three
(3) years unless the parent or legal guardian and the school
district agree that a reevaluation is unnecessary. A reevaluation
conducted pursuant to this subsection shall not occur more
frequently than once a year unless the child’s parent or legal
guardian and the school district agree.
E. A school district shall provide prior notice to the parent
or legal guardian of a child with a disability that includes a
description of any evaluation procedures to be used.
F. In conducting an evaluation or reevaluation, a school
district shall:
1. Use a variety of assessment tools and strategies to gather
relevant, functional, developmental, and academic information
including information that may be provided by a parent or legal
guardian that may assist in determining whether the child is a child
with a disability and the content of the child’s IEP;
2. Not use any single measure or assessment as the sole
criterion for determining whether a child is a child with a
disability or determining an appropriate educational program for the
child;
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3. Use technically sound instruments that may assess the
relative contribution of cognitive and behavioral factors in
addition to physical or developmental factors;
4. Ensure that assessments and other evaluation materials used
to assess a child:
a. are selected and administered so as not to be
discriminatory on a racial or cultural basis,
b. are provided and administered in the language and form
most likely to yield accurate information on what the
child knows and can do academically, developmentally,
and functionally, unless it is not feasible to so
provide or administer,
c. are used for purposes for which assessments or
measures are valid and reliable,
d. are administered by trained and knowledgeable
personnel, and
e. are administered in accordance with any instructions
provided by the producer of such assessments;
5. Ensure a child is assessed in all areas of suspected
disability;
6. Review existing evaluation data on the child including
evaluations and information provided by the parent or legal guardian
of the child; current classroom-based, local, or state assessments;
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classroom-based observations; and observations by teachers and
related service providers; and
7. Ensure that assessments of a child with a disability who
transfers from one school district to another in the same academic
year are coordinated with the sending and receiving school districts
as necessary and as expeditiously as possible to ensure prompt
completion of evaluations.
G. Upon completion of an evaluation or reevaluation conducted
pursuant to this section, the determination of whether a child is a
child with a disability and the educational needs of the child shall
be made by an IEP team. The school district shall provide the
child’s parent or legal guardian a copy of the evaluation report and
the documentation determining eligibility for special education and
related services.
H. 1. A member of an IEP team shall not be required to attend
an IEP meeting, in whole or in part, if the parent or legal guardian
of the child with a disability and the school district agree that
such attendance is not necessary.
2. A member of an IEP team may be excused from attending an IEP
meeting, in whole or in part, when the meeting involves a
modification to or discussion of the member’s area of curriculum or
related services if the parent or legal guardian of the child with a
disability and the school district provide written consent for
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excusal and the IEP team member submits in writing input into the
development of the IEP prior to the meeting.
I. A child shall not be determined to be a child with a
disability and eligible for special education and related services
if the determinant factor is:
1. A lack of appropriate instruction in reading including in
the essential components of reading instruction;
2. A lack of instruction in mathematics; or
3. Limited English proficiency.
J. In determining whether a child has a specific learning
disability as defined by Section 18-109.5 of this title, a school
district shall not be required to take into consideration whether a
child has a severe discrepancy between achievement and intellectual
ability in oral expression, listening comprehension, written
expression, basic reading skills, reading comprehension,
mathematical calculation, or mathematical reasoning. A school
district may use a process that determines whether a child responds
to specific scientific, research-based intervention as a part of the
evaluation or reevaluation procedures used in accordance with
subsection F of this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13-103.1 of Title 70, unless
there is created a duplication in numbering, reads as follows:
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A. The State Board of Education shall establish and maintain
policies and procedures to ensure that children with disabilities
and their parents or legal guardians are guaranteed procedural
safeguards with respect to the provision of a free appropriate
public education. The policies and procedures shall include:
1. An opportunity for the parent or legal guardian of a child
with a disability to examine all records relating to such child and
to participate in meetings regarding the identification, evaluation,
and educational placement of the child and regarding the provision
of a free appropriate public education to the child, and to obtain
an independent educational evaluation of the child;
2. Protection of the rights of a child with a disability when
the child’s parent or legal guardian is unknown; the school district
cannot, after reasonable efforts, locate the child’s parent or legal
guardian; or the child is a ward of the state including the
assignment of an individual to act as a surrogate for the parent or
legal guardian. A surrogate shall not be an employee of the State
Department of Education, the school district in which the child is
enrolled, or any other agency that is involved in the education or
care of the child;
3. Written prior notice to the parent or legal guardian of a
child with a disability who is under the age of twenty-two (22)
whenever the school district proposes to initiate or change or
refuses to initiate or change the identification, evaluation, or
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educational placement of the child or the provision of a free
appropriate public education to the child. The notice shall include
information about policies and procedures for mediation available to
the parent or legal guardian pursuant to subsection F of this
section. Notice shall be provided in the native language of the
child’s parent or legal guardian unless it is not feasible to do so;
4. An opportunity for mediation, which shall:
a. be voluntary on the part of the parties,
b. not be used to deny or delay the rights of a parent or
legal guardian to a due process hearing as provided
for in subsection E of this section, and
c. be conducted by a qualified and impartial mediator who
is trained in effective mediation techniques;
5. An opportunity for any party to present a complaint:
a. with respect to any matter relating to the
identification, evaluation, or educational placement
of the child or the provision of a free appropriate
public education to such child, and
b. which sets forth an alleged violation that occurred
not more than two (2) years before the date the
child’s parent or legal guardian or the school
district in which the child is enrolled knew or should
have known about an alleged action that forms the
basis of the complaint;
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6. Requirements that either party, or the attorney representing
a party, provide due process complaint notice to the other party and
such notice is submitted to the State Department of Education. The
notice shall include:
a. the name of the child,
b. the address of the residence of the child, or
available contact information if the child is
considered homeless children and youth as defined in
Section 600 of Title 10 of the Oklahoma Statutes,
c. the name of the school district in which the child is
enrolled,
d. a description of the nature of the problem relating to
proposed initiation or change including facts related
to such problem, and
e. a proposed resolution of the problem to the extent
known and available; and
7. A model form to assist parents and legal guardians in filing
a complaint and due process complaint notice in accordance with the
provisions of this subsection.
B. Each school district in this state shall provide a copy of
the procedural safeguards to parents and legal guardians of a child
with a disability enrolled in the school district annually, upon
initial referral or upon request for an initial evaluation, upon the
first occurrence of filing a complaint, and upon request of a parent
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or legal guardian. A school district may post the procedural
safeguards on its website.
C. Within ten (10) days of receiving a due process complaint
notice as provided for in subsection A of this section, a school
district shall submit to the child’s parent or legal guardian a
response that includes the following:
1. An explanation of why the school district proposed or
refused to take the action raised in the complaint;
2. A description of other options that the IEP team considered
and the reasons why those options were rejected;
3. A description of each evaluation procedure, assessment,
record, or report the agency used as the basis for the proposed or
refused action; and
4. A description of the factors that are relevant to the school
district’s proposal or refusal.
D. The parent or legal guardian of a child with a disability
who submits a due process complaint notice as provided for in
subsection A of this section shall be given an opportunity for an
impartial due process hearing, which shall be conducted by the State
Department of Education.
E. Policies and procedures for a due process hearing shall
include:
1. a. A request for a due process hearing shall be made by
the parent or legal guardian of a child with a
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disability or the State Department of Education within
two (2) years of the date the parent or legal guardian
or the Department knew or should have known about the
alleged action that forms the basis of the complaint.
b. The time limitation provided in this paragraph shall
not apply if the parent or legal guardian of a child
was prevented from requesting the hearing due to
specific misrepresentations by the school district
that it had resolved the problem forming the basis of
the complaint or the school district withheld required
information from the parent or legal guardian.
2. Within fifteen (15) days of receiving a due process
complaint notice as provided for in subsection A of this section,
the party providing a hearing officer shall provide notification of
such hearing.
3. A hearing officer shall:
a. not be an employee of the State Department of
Education or a school district involved in the
education or care of the child,
b. not be a person having a personal or professional
interest that conflicts with the person’s objectivity
in the hearing, and
c. possess knowledge of and the ability to understand the
provisions of the Individuals with Disabilities
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Education Act (IDEA), legal interpretations thereof,
and associated federal and state regulations.
4. Within five (5) days of receiving the notification provided
for in paragraph 1 of this subsection, the hearing officer shall
make a determination of whether the due process complaint notice is
facially sufficient.
5. A party may amend its due process complaint notice only if:
a. the other party consents in writing to such amendment
and is given the opportunity to resolve the complaint,
or
b. the hearing officer grants permission no later than
five (5) days before a due process hearing is
scheduled.
6. Within five (5) days prior to a hearing conducted pursuant
to this subsection, each party shall disclose to all parties all
evaluations completed and recommendations made based on such
evaluations.
7. A decision made by a hearing officer shall be made on
substantive grounds based on a determination of whether the child
with a disability received a free appropriate public education.
Provided, however, a hearing officer may find that a child with a
disability did not receive a free appropriate public education based
on a procedural violation only if the procedural violation:
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a. impeded the child’s right to a free appropriate public
education,
b. significantly impeded the opportunity of a parent or
legal guardian to participate in the decision-making
process regarding the provision of a free appropriate
public education to the child, or
c. caused a deprivation of educational benefits.
8. Any party aggrieved by the findings and decision rendered in
a due process hearing conducted by the State Department of Education
pursuant to the provisions of this subsection may appeal such
findings and decision to the Department. The Department shall
conduct an impartial review of the findings and decision, and the
officer conducting such review shall make an independent decision
upon completion of such review.
9. Any party to a due process hearing conducted pursuant to the
provisions of this subsection shall be accorded:
a. the right to be accompanied and advised by counsel and
by individuals with special knowledge or training
regarding the problems of children with disabilities,
b. the right to present evidence and confront, cross
examine, and compel the attendance of witnesses, and
c. the right to a written or, at the option of a child’s
parent or legal guardian, an electronic verbatim
record of such hearing.
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10. Any party who brings a civil action with regard to a due
process complaint shall have ninety (90) days from the date of the
decision of a hearing officer to bring such action.
F. The State Department of Education shall adopt policies and
procedures for mediation to resolve disputes over the
identification, evaluation, educational placement, manifestation
determination, interim alternative educational placement, or the
provision of a free appropriate public education to a child with a
disability. The policies and procedures shall include:
1. A conciliation conference, which a parent or legal guardian
may request to meet with the IEP team or appropriate school district
staff to discuss any objections to the prior notice received
pursuant to paragraph 3 of subsection A of this section. Within
five (5) days after the conciliation conference, the school district
shall provide the parent or legal guardian a conciliation conference
memorandum describing the district’s final proposed services for the
student;
2. A facilitated IEP team meeting led by an impartial
facilitator provided by the State Department of Education;
3. An opportunity to meet with a disinterested party. The
State Department of Education shall develop and maintain a list of
qualified mediators who are knowledgeable in the laws and
regulations relating to the provision of special education and
related services;
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4. A provision stating that the cost of the mediation process
shall be borne by the state;
5. A requirement that mediation sessions be scheduled in a
timely manner and be held in a location that is convenient to the
parties to the dispute. A district shall hold a conciliation
conference, facilitated IEP team meeting, or other mediation within
ten (10) calendar days from the date the public school district
receives the request from a parent or legal guardian;
6. A confidentiality provision to ensure that discussions that
occur during the mediation process cannot be used as evidence in any
subsequent due process hearing or civil proceeding;
7. A requirement to execute a written, legally binding
agreement when a resolution is reached through the mediation
process. The agreement shall be signed by the parent or legal
guardian of the child with a disability and an authorized school
district representative;
8. A provision allowing any party to a mediation conducted
pursuant to the provisions of this subsection to request additional
mediation to address implementation of any mediated agreement; and
9. A provision prohibiting mediators, facilitators, and any of
their records associated with a mediation conducted pursuant to the
provisions of this section from being subject to subpoena in a civil
action.
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G. The State Department of Education shall develop and publish
on its website a model form to be used by parents and legal
guardians to request any of the mediation procedures provided for in
subsection F of this section.
H. While a due process hearing or mediation session is pending,
a child with a disability shall remain in his or her current
educational placement, unless the State Department of Education, the
school district in which the student is enrolled, or his or her
parent or legal guardian otherwise agree. If the child was applying
for initial admission to a school district, he or she shall be
placed in the school district until all such proceedings have been
completed.
I. The State Board of Education may promulgate rules to
implement the provisions of this section.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. 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.
60-2-2304 EB 1/15/2026 9:20:30 AM