1| STATE OF OKLAHOMA |
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2| 2nd Session of the 60th Legislature (2026) |
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3|SENATE BILL 1974 By: Hicks |
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4| |
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5| AS INTRODUCED |
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6| An Act relating to students; amending 70 O.S. 2021, |
| Section 13-101, which relates to services for |
7| children with disabilities; defining terms; removing |
| definition; updating statutory language; updating |
8| statutory references; amending 70 O.S. 2021, Section |
| 13-102, which relates to determining eligibility for |
9| certain services; allowing a school district or |
| certain parent or legal guardian to initiate request |
10| for evaluation; requiring evaluation to be conducted |
| within certain time frame; providing certain |
11| construction; prohibiting provision of certain |
| services without consent; providing for evaluation of |
12| certain children; providing exceptions to consent; |
| clarifying eligibility for certain services; |
13| providing requirements for reevaluation; requiring |
| prior notice; requiring certain determination to be |
14| made by certain team; providing for meetings of |
| individualized education program teams; prohibiting |
15| certain determination from being made based on |
| certain determinant factors; providing for |
16| determination of specific learning disability; |
| updating statutory references; updating statutory |
17| language; directing the State Board of Education to |
| establish and maintain certain policies and |
18| procedures; providing for contents of policies and |
| procedures; directing school districts to provide |
19| procedural safeguards to certain parents and legal |
| guardians; providing procedures for due process |
20| complaints; providing opportunity for impartial due |
| process hearing; providing policies and procedures |
21| for due process hearings; directing the State |
| Department of Education to adopt certain policies and |
22| procedures for mediation; directing the Department to |
| develop and publish certain form; providing for |
23| placement of child while certain hearings or sessions |
| are pending; providing for promulgation of rules; |
24| providing for codification; providing an effective |
| date; and declaring an emergency. |
Req. No. 2304 Page 1
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1| |
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2| |
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3|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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4| SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101, is |
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5|amended to read as follows: |
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6| Section 13-101. A. For the purposes of this title: |
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7| 1. "Child with a disability" means a child who is at least |
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8|three (3) years of age but has not reached twenty-two (22) years of |
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9|age with intellectual disabilities, hearing impairments, speech or |
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10|language impairments, visual impairments, serious emotional |
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11|disturbance, orthopedic impairments, autism, traumatic brain injury, |
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12|other health impairments, or specific learning disabilities and who, |
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13|by reason thereof, needs special education and related services; |
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14| 2. "Free appropriate public education" means special education |
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15|and related services that: |
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16| a. have been provided at public expense, under public |
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17| supervision and direction, and without charge, |
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18| b. meet the standards of the State Department of |
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19| Education, and |
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20| c. are provided in conformity with a child's IEP; |
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21| 3. "Individualized education program" or "IEP" means a written |
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22|statement for each child with a disability that is developed, |
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23|reviewed, and revised in accordance with the provisions of Section |
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24|13-102 of this title. The IEP shall include: |
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Req. No. 2304 Page 2
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1| a. a statement of the child's present levels of academic |
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2| achievement and functional performance, |
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3| b. a statement of measurable annual goals including |
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4| academic and functional goals, |
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5| c. a description of how the child's progress toward |
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6| meeting the annual goals will be measured and when |
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7| periodic reports on the progress the child is making |
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8| toward meeting the annual goals is to be provided, |
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9| d. a statement of the special education and related |
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10| services and supplementary aids and services, based on |
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11| peer-reviewed research to the extent practicable, to |
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12| be provided to the child, or on behalf of the child, |
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13| and a statement of the program modifications or |
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14| supports for school personnel that are to be provided |
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15| for the child, |
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16| e. an explanation of the extent, if any, to which the |
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17| child will not participate with nondisabled children |
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18| in the regular class and activities, |
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19| f. a statement of any individual appropriate |
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20| accommodations that are necessary to measure the |
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21| academic achievement and functional performance of the |
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22| child on statewide assessments and |
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23| district-administered assessments. If the IEP team |
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24| determines, and parental consent is provided as |
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1| required by Section 13-114.6 of this title, that the |
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2| child shall take an alternate assessment, the IEP |
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3| shall include a statement of why the child cannot |
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4| participate in the regular assessment and why the |
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5| alternate assessment selected is appropriate for the |
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6| child, |
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7| g. the projected date for the beginning of the services |
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8| and modifications including the anticipated frequency, |
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9| location, and duration of such services and |
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10| modifications, and |
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11| h. beginning no later than the first IEP to be in effect |
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12| when the child is age sixteen (16) years and updated |
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13| annually thereafter: |
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14| (1) appropriate measurable postsecondary goals based |
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15| on age-appropriate transition assessments related |
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16| to training, education, employment, and, where |
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17| appropriate, independent living skills, |
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18| (2) transition services needed to assist the child |
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19| in reaching the postsecondary goals, and |
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20| (3) beginning no later than one (1) year before the |
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21| child reaches age eighteen (18) years, a |
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22| statement that the child has been informed of his |
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23| or her rights, if any, that will transfer upon |
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24| reaching age eighteen (18) years; and |
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1| 4. "Individualized education program team" or "IEP team" means |
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2|a group of individuals composed of: |
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3| a. the parents or legal guardians of a child with a |
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4| disability, |
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5| b. at least one regular education teacher of the child |
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6| with a disability if the child is participating in the |
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7| regular education environment, |
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8| c. at least one special education teacher or, where |
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9| appropriate, at least one special education provider, |
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10| d. a representative of the school district, |
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11| e. an individual who can interpret the instructional |
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12| implications of evaluation results who may also meet |
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13| the requirements of subparagraphs b through d of this |
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14| paragraph, |
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15| f. other individuals who have knowledge or special |
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16| expertise regarding the child including related |
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17| service personnel, at the discretion of the child's |
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18| parent or legal guardian or the school district, and |
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19| g. the child with a disability, whenever appropriate. |
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20| B. 1. The several school School districts of Oklahoma in this |
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21|state are hereby authorized to provide special education and related |
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22|services necessary for children with disabilities as hereinafter |
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23|defined as provided for in the Individuals with Disabilities |
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24|Education Act (IDEA) and the provisions of this act. Two or more |
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1|school districts may establish cooperative programs of special |
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2|education for children with disabilities when such arrangement is |
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3|approved by the State Board of Education. Funds may be expended for |
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4|school services for an additional period during the summer months |
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5|for approved programs for qualified children with disabilities, |
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6|provided their individualized education program (I.E.P.) IEP states |
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7|the need for extended school year special education and related |
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8|services. Children with disabilities shall mean children, as |
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9|defined in the Individuals with Disabilities Education Act (IDEA), |
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10|P.L. No. 105-17, who are three (3) years of age. |
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11| 2. Provided, on On and after July 1, 1991, children from age |
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12|birth through two (2) years (0-36 months) of age three (3) years who |
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13|meet the eligibility criteria specified in Section 13-123 of this |
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14|title, shall be served pursuant to the provisions of the Oklahoma |
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15|Early Intervention Act. The attendance of said such children in |
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16|special education classes shall be included in the average daily |
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17|membership computations for State Aid purposes. |
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18| C. The State Board of Education is authorized to modify and |
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19|redefine by regulation the eligibility definitions whenever such |
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20|modification is required to receive federal assistance under the |
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21|Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17 |
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22|provisions of IDEA. Rules developed pursuant to Section 18-109.5 of |
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23|this title shall provide for such modification and revised |
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24|definitions. |
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1| D. It shall be the duty of each school district to provide |
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2|special education and related services for all children with |
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3|disabilities as herein defined who reside in that school district in |
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4|accordance with the Individuals with Disabilities Education Act |
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5|(IDEA), P.L. No. 105-17 IDEA. This duty may be satisfied by: |
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6| 1. The district directly providing special education for such |
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7|children; |
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8| 2. The district joining in a cooperative program with another |
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9|district or districts to provide special education for such |
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10|children; |
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11| 3. The district joining in a written agreement with a private |
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12|or public institution, licensed residential child care and treatment |
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13|facility, or day treatment facility within such district to provide |
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14|special education for children who are deaf or hard-of-hearing, |
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15|children who are blind or partially blind, or other eligible |
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16|children with disabilities; or |
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17| 4. Transferring eligible children and youth with disabilities |
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18|to other school districts which accept them and provide special |
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19|education and related services for such children, with the district |
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20|in which the child resides paying tuition therefor as hereinafter |
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21|provided. For those students who transfer pursuant to the |
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22|provisions of the Education Open Transfer Act, the receiving school |
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23|district shall assume all responsibility for education and shall |
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24| |
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1|count the student for federal and state funding purposes according |
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2|to the provisions of subsection B of Section 13-103 of this title. |
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3| SECTION 2. AMENDATORY 70 O.S. 2021, Section 13-102, is |
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4|amended to read as follows: |
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5| Section 13-102. A. The determination of whether a child is |
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6|eligible for special education and related services shall be the |
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7|responsibility of the multidisciplinary evaluation team of the |
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8|school district in which such child has legal residence in |
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9|accordance with the provisions of the Individuals with Disabilities |
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10|Education Act (IDEA), P.L. No. 101-476 and the rules approved by the |
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11|State Board of Education. The eligibility of children with |
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12|disabilities shall be reevaluated at least once every three (3) |
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13|years or more frequently if conditions warrant or if the parent or |
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14|teacher of the child requests an evaluation as required under the |
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15|Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476 |
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16|IDEA. |
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17| B. A school district or the parent or legal guardian of a child |
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18|may initiate a request for an initial evaluation to determine if he |
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19|or she is a child with a disability. An initial evaluation shall be |
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20|conducted within sixty (60) days of receiving consent from a parent |
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21|or legal guardian. The sixty-day period shall not apply if a parent |
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22|or legal guardian fails to produce the child for the evaluation or |
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23|if the child transfers to another school district. |
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24| |
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1| 1. Consent from a parent or legal guardian to conduct an |
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2|initial evaluation shall not be construed as consent for development |
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3|of an individualized education program (IEP) or consent for a child |
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4|to receive special education and related services. |
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5| 2. If a child's parent or legal guardian fails to respond to a |
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6|request to provide consent or refuses to provide consent for the |
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7|child to receive special education and related services, the school |
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8|district in which the child is enrolled shall be prohibited from |
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9|providing such services. The school district shall not be found to |
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10|be in violation of the provisions of IDEA to provide a free |
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11|appropriate public education to the child and shall not be required |
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12|to convene an IEP team meeting or to develop an IEP for the child. |
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13| 3. For a child who is a ward of the state and does not reside |
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14|with his or her parent or legal guardian, a school district shall |
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15|make reasonable efforts to obtain consent for an initial evaluation |
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16|to determine whether the child is a child with a disability. |
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17| 4. Consent for an initial evaluation shall not be required if: |
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18| a. despite reasonable efforts to do so, the school |
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19| district cannot discover the whereabouts of the |
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20| child's parent or legal guardian, |
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21| b. the rights of the child's parent or parents have been |
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22| terminated in accordance with state law, or |
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23| c. the rights of the child's parent or parents to make |
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24| educational decisions have been subrogated by a judge |
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1| in accordance with state law and consent for initial |
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2| evaluation has been given by an individual appointed |
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3| by the judge to represent the child. |
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4| C. Any child determined to be a child with a disability and |
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5|eligible shall be permitted to receive such special education and |
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6|related services for a minimum period of twelve (12) years. |
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7|Successful completion of a secondary education program must shall be |
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8|determined through the individualized education program (IEP) IEP |
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9|and transcript records of the student. Eligibility for special |
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10|education and related services shall cease upon a determination and |
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11|documentation of graduation or completion of a secondary education |
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12|program in accordance with the IEP. In no event shall eligibility |
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13|for special education and related services cease prior to a child |
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14|with a disability reaching twenty-two (22) years of age unless he or |
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15|she has graduated with a standard or alternate diploma or otherwise |
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16|completed a secondary education program in accordance with his or |
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17|her IEP. |
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18| D. 1. A school district shall conduct a reevaluation of each |
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19|child with a disability if: |
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20| a. the school district determines that the educational |
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21| or related service needs including improved academic |
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22| achievement and functional performance of the child |
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23| warrant a reevaluation, or |
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24| |
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1| b. the child's parent, legal guardian, or teacher |
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2| requests a reevaluation. |
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3| 2. A reevaluation shall be conducted at least once every three |
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4|(3) years unless the parent or legal guardian and the school |
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5|district agree that a reevaluation is unnecessary. A reevaluation |
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6|conducted pursuant to this subsection shall not occur more |
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7|frequently than once a year unless the child's parent or legal |
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8|guardian and the school district agree. |
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9| E. A school district shall provide prior notice to the parent |
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10|or legal guardian of a child with a disability that includes a |
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11|description of any evaluation procedures to be used. |
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12| F. In conducting an evaluation or reevaluation, a school |
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13|district shall: |
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14| 1. Use a variety of assessment tools and strategies to gather |
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15|relevant, functional, developmental, and academic information |
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16|including information that may be provided by a parent or legal |
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17|guardian that may assist in determining whether the child is a child |
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18|with a disability and the content of the child's IEP; |
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19| 2. Not use any single measure or assessment as the sole |
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20|criterion for determining whether a child is a child with a |
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21|disability or determining an appropriate educational program for the |
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22|child; |
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23| |
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24| |
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1| 3. Use technically sound instruments that may assess the |
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2|relative contribution of cognitive and behavioral factors in |
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3|addition to physical or developmental factors; |
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4| 4. Ensure that assessments and other evaluation materials used |
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5|to assess a child: |
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6| a. are selected and administered so as not to be |
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7| discriminatory on a racial or cultural basis, |
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8| b. are provided and administered in the language and |
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9| form most likely to yield accurate information on what |
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10| the child knows and can do academically, |
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11| developmentally, and functionally, unless it is not |
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12| feasible to so provide or administer, |
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13| c. are used for purposes for which assessments or |
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14| measures are valid and reliable, |
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15| d. are administered by trained and knowledgeable |
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16| personnel, and |
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17| e. are administered in accordance with any instructions |
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18| provided by the producer of such assessments; |
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19| 5. Ensure a child is assessed in all areas of suspected |
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20|disability; |
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21| 6. Review existing evaluation data on the child including |
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22|evaluations and information provided by the parent or legal guardian |
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23|of the child; current classroom-based, local, or state assessments; |
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24| |
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1|classroom-based observations; and observations by teachers and |
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2|related service providers; and |
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3| 7. Ensure that assessments of a child with a disability who |
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4|transfers from one school district to another in the same academic |
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5|year are coordinated with the sending and receiving school districts |
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6|as necessary and as expeditiously as possible to ensure prompt |
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7|completion of evaluations. |
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8| G. Upon completion of an evaluation or reevaluation conducted |
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9|pursuant to this section, the determination of whether a child is a |
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10|child with a disability and the educational needs of the child shall |
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11|be made by an IEP team. The school district shall provide the |
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12|child's parent or legal guardian a copy of the evaluation report and |
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13|the documentation determining eligibility for special education and |
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14|related services. |
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15| H. 1. A member of an IEP team shall not be required to attend |
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16|an IEP meeting, in whole or in part, if the parent or legal guardian |
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17|of the child with a disability and the school district agree that |
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18|such attendance is not necessary. |
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19| 2. A member of an IEP team may be excused from attending an IEP |
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20|meeting, in whole or in part, when the meeting involves a |
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21|modification to or discussion of the member's area of curriculum or |
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22|related services if the parent or legal guardian of the child with a |
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23|disability and the school district provide written consent for |
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24| |
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1|excusal and the IEP team member submits in writing input into the |
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2|development of the IEP prior to the meeting. |
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3| I. A child shall not be determined to be a child with a |
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4|disability and eligible for special education and related services |
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5|if the determinant factor is: |
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6| 1. A lack of appropriate instruction in reading including in |
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7|the essential components of reading instruction; |
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8| 2. A lack of instruction in mathematics; or |
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9| 3. Limited English proficiency. |
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10| J. In determining whether a child has a specific learning |
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11|disability as defined by Section 18-109.5 of this title, a school |
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12|district shall not be required to take into consideration whether a |
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13|child has a severe discrepancy between achievement and intellectual |
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14|ability in oral expression, listening comprehension, written |
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15|expression, basic reading skills, reading comprehension, |
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16|mathematical calculation, or mathematical reasoning. A school |
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17|district may use a process that determines whether a child responds |
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18|to specific scientific, research-based intervention as a part of the |
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19|evaluation or reevaluation procedures used in accordance with |
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20|subsection F of this section. |
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21| SECTION 3. NEW LAW A new section of law to be codified |
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22|in the Oklahoma Statutes as Section 13-103.1 of Title 70, unless |
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23|there is created a duplication in numbering, reads as follows: |
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24| |
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1| A. The State Board of Education shall establish and maintain |
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2|policies and procedures to ensure that children with disabilities |
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3|and their parents or legal guardians are guaranteed procedural |
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4|safeguards with respect to the provision of a free appropriate |
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5|public education. The policies and procedures shall include: |
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6| 1. An opportunity for the parent or legal guardian of a child |
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7|with a disability to examine all records relating to such child and |
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8|to participate in meetings regarding the identification, evaluation, |
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9|and educational placement of the child and regarding the provision |
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10|of a free appropriate public education to the child, and to obtain |
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11|an independent educational evaluation of the child; |
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12| 2. Protection of the rights of a child with a disability when |
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13|the child's parent or legal guardian is unknown; the school district |
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14|cannot, after reasonable efforts, locate the child's parent or legal |
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15|guardian; or the child is a ward of the state including the |
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16|assignment of an individual to act as a surrogate for the parent or |
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17|legal guardian. A surrogate shall not be an employee of the State |
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18|Department of Education, the school district in which the child is |
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19|enrolled, or any other agency that is involved in the education or |
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20|care of the child; |
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21| 3. Written prior notice to the parent or legal guardian of a |
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22|child with a disability who is under the age of twenty-two (22) |
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23|whenever the school district proposes to initiate or change or |
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24|refuses to initiate or change the identification, evaluation, or |
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1|educational placement of the child or the provision of a free |
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2|appropriate public education to the child. The notice shall include |
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3|information about policies and procedures for mediation available to |
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4|the parent or legal guardian pursuant to subsection F of this |
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5|section. Notice shall be provided in the native language of the |
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6|child's parent or legal guardian unless it is not feasible to do so; |
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7| 4. An opportunity for mediation, which shall: |
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8| a. be voluntary on the part of the parties, |
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9| b. not be used to deny or delay the rights of a parent |
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10| or legal guardian to a due process hearing as provided |
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11| for in subsection E of this section, and |
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12| c. be conducted by a qualified and impartial mediator |
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13| who is trained in effective mediation techniques; |
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14| 5. An opportunity for any party to present a complaint: |
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15| a. with respect to any matter relating to the |
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16| identification, evaluation, or educational placement |
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17| of the child or the provision of a free appropriate |
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18| public education to such child, and |
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19| b. which sets forth an alleged violation that occurred |
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20| not more than two (2) years before the date the |
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21| child's parent or legal guardian or the school |
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22| district in which the child is enrolled knew or should |
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23| have known about an alleged action that forms the |
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24| basis of the complaint; |
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Req. No. 2304 Page 16
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1| 6. Requirements that either party, or the attorney representing |
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2|a party, provide due process complaint notice to the other party and |
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3|such notice is submitted to the State Department of Education. The |
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4|notice shall include: |
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5| a. the name of the child, |
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6| b. the address of the residence of the child, or |
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7| available contact information if the child is |
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8| considered homeless children and youth as defined in |
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9| Section 600 of Title 10 of the Oklahoma Statutes, |
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10| c. the name of the school district in which the child is |
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11| enrolled, |
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12| d. a description of the nature of the problem relating |
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13| to proposed initiation or change including facts |
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14| related to such problem, and |
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15| e. a proposed resolution of the problem to the extent |
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16| known and available; and |
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17| 7. A model form to assist parents and legal guardians in filing |
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18|a complaint and due process complaint notice in accordance with the |
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19|provisions of this subsection. |
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20| B. Each school district in this state shall provide a copy of |
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21|the procedural safeguards to parents and legal guardians of a child |
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22|with a disability enrolled in the school district annually, upon |
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23|initial referral or upon request for an initial evaluation, upon the |
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24|first occurrence of filing a complaint, and upon request of a parent |
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Req. No. 2304 Page 17
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1|or legal guardian. A school district may post the procedural |
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2|safeguards on its website. |
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3| C. Within ten (10) days of receiving a due process complaint |
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4|notice as provided for in subsection A of this section, a school |
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5|district shall submit to the child's parent or legal guardian a |
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6|response that includes the following: |
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7| 1. An explanation of why the school district proposed or |
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8|refused to take the action raised in the complaint; |
| |
9| 2. A description of other options that the IEP team considered |
| |
10|and the reasons why those options were rejected; |
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11| 3. A description of each evaluation procedure, assessment, |
| |
12|record, or report the agency used as the basis for the proposed or |
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13|refused action; and |
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14| 4. A description of the factors that are relevant to the school |
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15|district's proposal or refusal. |
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16| D. The parent or legal guardian of a child with a disability |
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17|who submits a due process complaint notice as provided for in |
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18|subsection A of this section shall be given an opportunity for an |
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19|impartial due process hearing, which shall be conducted by the State |
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20|Department of Education. |
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21| E. Policies and procedures for a due process hearing shall |
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22|include: |
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23| 1. a. A request for a due process hearing shall be made by |
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24| the parent or legal guardian of a child with a |
| |
Req. No. 2304 Page 18
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1| disability or the State Department of Education within |
| |
2| two (2) years of the date the parent or legal guardian |
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3| or the Department knew or should have known about the |
| |
4| alleged action that forms the basis of the complaint. |
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5| b. The time limitation provided in this paragraph shall |
| |
6| not apply if the parent or legal guardian of a child |
| |
7| was prevented from requesting the hearing due to |
| |
8| specific misrepresentations by the school district |
| |
9| that it had resolved the problem forming the basis of |
| |
10| the complaint or the school district withheld required |
| |
11| information from the parent or legal guardian. |
| |
12| 2. Within fifteen (15) days of receiving a due process |
| |
13|complaint notice as provided for in subsection A of this section, |
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14|the party providing a hearing officer shall provide notification of |
| |
15|such hearing. |
| |
16| 3. A hearing officer shall: |
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17| a. not be an employee of the State Department of |
| |
18| Education or a school district involved in the |
| |
19| education or care of the child, |
| |
20| b. not be a person having a personal or professional |
| |
21| interest that conflicts with the person's objectivity |
| |
22| in the hearing, and |
| |
23| c. possess knowledge of and the ability to understand |
| |
24| the provisions of the Individuals with Disabilities |
| |
Req. No. 2304 Page 19
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1| Education Act (IDEA), legal interpretations thereof, |
| |
2| and associated federal and state regulations. |
| |
3| 4. Within five (5) days of receiving the notification provided |
| |
4|for in paragraph 1 of this subsection, the hearing officer shall |
| |
5|make a determination of whether the due process complaint notice is |
| |
6|facially sufficient. |
| |
7| 5. A party may amend its due process complaint notice only if: |
| |
8| a. the other party consents in writing to such amendment |
| |
9| and is given the opportunity to resolve the complaint, |
| |
10| or |
| |
11| b. the hearing officer grants permission no later than |
| |
12| five (5) days before a due process hearing is |
| |
13| scheduled. |
| |
14| 6. Within five (5) days prior to a hearing conducted pursuant |
| |
15|to this subsection, each party shall disclose to all parties all |
| |
16|evaluations completed and recommendations made based on such |
| |
17|evaluations. |
| |
18| 7. A decision made by a hearing officer shall be made on |
| |
19|substantive grounds based on a determination of whether the child |
| |
20|with a disability received a free appropriate public education. |
| |
21|Provided, however, a hearing officer may find that a child with a |
| |
22|disability did not receive a free appropriate public education based |
| |
23|on a procedural violation only if the procedural violation: |
| |
24| |
| |
Req. No. 2304 Page 20
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1| a. impeded the child's right to a free appropriate |
| |
2| public education, |
| |
3| b. significantly impeded the opportunity of a parent or |
| |
4| legal guardian to participate in the decision-making |
| |
5| process regarding the provision of a free appropriate |
| |
6| public education to the child, or |
| |
7| c. caused a deprivation of educational benefits. |
| |
8| 8. Any party aggrieved by the findings and decision rendered in |
| |
9|a due process hearing conducted by the State Department of Education |
| |
10|pursuant to the provisions of this subsection may appeal such |
| |
11|findings and decision to the Department. The Department shall |
| |
12|conduct an impartial review of the findings and decision, and the |
| |
13|officer conducting such review shall make an independent decision |
| |
14|upon completion of such review. |
| |
15| 9. Any party to a due process hearing conducted pursuant to the |
| |
16|provisions of this subsection shall be accorded: |
| |
17| a. the right to be accompanied and advised by counsel |
| |
18| and by individuals with special knowledge or training |
| |
19| regarding the problems of children with disabilities, |
| |
20| b. the right to present evidence and confront, cross |
| |
21| examine, and compel the attendance of witnesses, and |
| |
22| c. the right to a written or, at the option of a child's |
| |
23| parent or legal guardian, an electronic verbatim |
| |
24| record of such hearing. |
| |
Req. No. 2304 Page 21
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1| 10. Any party who brings a civil action with regard to a due |
| |
2|process complaint shall have ninety (90) days from the date of the |
| |
3|decision of a hearing officer to bring such action. |
| |
4| F. The State Department of Education shall adopt policies and |
| |
5|procedures for mediation to resolve disputes over the |
| |
6|identification, evaluation, educational placement, manifestation |
| |
7|determination, interim alternative educational placement, or the |
| |
8|provision of a free appropriate public education to a child with a |
| |
9|disability. The policies and procedures shall include: |
| |
10| 1. A conciliation conference, which a parent or legal guardian |
| |
11|may request to meet with the IEP team or appropriate school district |
| |
12|staff to discuss any objections to the prior notice received |
| |
13|pursuant to paragraph 3 of subsection A of this section. Within |
| |
14|five (5) days after the conciliation conference, the school district |
| |
15|shall provide the parent or legal guardian a conciliation conference |
| |
16|memorandum describing the district's final proposed services for the |
| |
17|student; |
| |
18| 2. A facilitated IEP team meeting led by an impartial |
| |
19|facilitator provided by the State Department of Education; |
| |
20| 3. An opportunity to meet with a disinterested party. The |
| |
21|State Department of Education shall develop and maintain a list of |
| |
22|qualified mediators who are knowledgeable in the laws and |
| |
23|regulations relating to the provision of special education and |
| |
24|related services; |
| |
Req. No. 2304 Page 22
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1| 4. A provision stating that the cost of the mediation process |
| |
2|shall be borne by the state; |
| |
3| 5. A requirement that mediation sessions be scheduled in a |
| |
4|timely manner and be held in a location that is convenient to the |
| |
5|parties to the dispute. A district shall hold a conciliation |
| |
6|conference, facilitated IEP team meeting, or other mediation within |
| |
7|ten (10) calendar days from the date the public school district |
| |
8|receives the request from a parent or legal guardian; |
| |
9| 6. A confidentiality provision to ensure that discussions that |
| |
10|occur during the mediation process cannot be used as evidence in any |
| |
11|subsequent due process hearing or civil proceeding; |
| |
12| 7. A requirement to execute a written, legally binding |
| |
13|agreement when a resolution is reached through the mediation |
| |
14|process. The agreement shall be signed by the parent or legal |
| |
15|guardian of the child with a disability and an authorized school |
| |
16|district representative; |
| |
17| 8. A provision allowing any party to a mediation conducted |
| |
18|pursuant to the provisions of this subsection to request additional |
| |
19|mediation to address implementation of any mediated agreement; and |
| |
20| 9. A provision prohibiting mediators, facilitators, and any of |
| |
21|their records associated with a mediation conducted pursuant to the |
| |
22|provisions of this section from being subject to subpoena in a civil |
| |
23|action. |
| |
24| |
| |
Req. No. 2304 Page 23
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1| G. The State Department of Education shall develop and publish |
| |
2|on its website a model form to be used by parents and legal |
| |
3|guardians to request any of the mediation procedures provided for in |
| |
4|subsection F of this section. |
| |
5| H. While a due process hearing or mediation session is pending, |
| |
6|a child with a disability shall remain in his or her current |
| |
7|educational placement, unless the State Department of Education, the |
| |
8|school district in which the student is enrolled, or his or her |
| |
9|parent or legal guardian otherwise agree. If the child was applying |
| |
10|for initial admission to a school district, he or she shall be |
| |
11|placed in the school district until all such proceedings have been |
| |
12|completed. |
| |
13| I. The State Board of Education may promulgate rules to |
| |
14|implement the provisions of this section. |
| |
15| SECTION 4. This act shall become effective July 1, 2026. |
| |
16| SECTION 5. It being immediately necessary for the preservation |
| |
17|of the public peace, health, or safety, an emergency is hereby |
| |
18|declared to exist, by reason whereof this act shall take effect and |
| |
19|be in full force from and after its passage and approval. |
| |
20| |
| |
21| 60-2-2304 EB 1/15/2026 10:43:50 AM |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 2304 Page 24
