Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1489 By: Pugh
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5 AS INTRODUCED
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6 An Act relating to students; amending 70 O.S. 2021,
6 Section 13-101, which relates to services for
7 children with disabilities; directing the State
7 Department of Education and public school districts
8 to comply with certain act; authorizing the
8 Department to expend certain funds; modifying
9 definition; directing the Department to publish
9 certain information on its website; allowing the
10 State Board of Education to promulgate rules and
10 update certain policies and procedures; updating
11 statutory language; updating statutory references;
11 providing an effective date; and declaring an
12 emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101, is
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16 amended to read as follows:
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17 Section 13-101. A. The State Department of Education and the
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18 public school districts in this state shall comply with provisions
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19 of the Individuals with Disabilities Education Act (IDEA), P.L. No.
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20 108-446, and the Department shall be authorized to expend federal
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21 funds to provide special education and related services necessary
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22 for children with disabilities. "Children with disabilities" shall
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23 mean children, as defined by IDEA, who are three (3) years of age
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24 through twenty-one (21) years of age.
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Req. No. 2303 Page 1
1 B. 1. The several school districts of Oklahoma in this state
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2 are hereby authorized to provide special education and related
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3 services necessary for children with disabilities as hereinafter
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4 defined. Two or more school districts may establish cooperative
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5 programs of special education for children with disabilities when
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6 such arrangement is approved by the State Board of Education. Funds
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7 may be expended for school services for an additional period during
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8 the summer months for approved programs for qualified children with
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9 disabilities, provided their individualized education program
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10 (I.E.P.) (IEP) states the need for extended school year special
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11 education and related services. Children with disabilities shall
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12 mean children, as defined in the Individuals with Disabilities
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13 Education Act (IDEA), P.L. No. 105-17, who are three (3) years of
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14 age.
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15 Provided, on 2. On and after July 1, 1991, children from age
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16 birth through two (2) years (0-36 months) of age three (3) years who
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17 meet the eligibility criteria specified in Section 13-123 of this
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18 title, shall be served pursuant to the provisions of the Oklahoma
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19 Early Intervention Act. The attendance of said such children in
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20 special education classes shall be included in the average daily
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21 membership computations for State Aid purposes.
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22 C. The State Board of Education is authorized to modify and
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23 redefine by regulation the eligibility definitions whenever such
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24 modification is required to receive federal assistance under the
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Req. No. 2303 Page 2
1 Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17
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2 provisions of IDEA. Rules developed pursuant to Section 18-109.5 of
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3 this title shall provide for such modification and revised
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4 definitions.
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5 D. It shall be the duty of each school district to provide
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6 special education and related services for all children with
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7 disabilities as herein defined who reside in that school district in
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8 accordance with the Individuals with Disabilities Education Act
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9 (IDEA), P.L. No. 105-17 IDEA. This duty may be satisfied by:
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10 1. The district directly providing special education for such
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11 children;
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12 2. The district joining in a cooperative program with another
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13 district or districts to provide special education for such
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14 children;
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15 3. The district joining in a written agreement with a private
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16 or public institution, licensed residential child care and treatment
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17 facility, or day treatment facility within such district to provide
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18 special education for children who are deaf or hard-of-hearing,
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19 children who are blind or partially blind, or other eligible
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20 children with disabilities; or
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21 4. Transferring eligible children and youth with disabilities
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22 to other school districts which accept them and provide special
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23 education and related services for such children, with the district
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24 in which the child resides paying tuition therefor as hereinafter
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Req. No. 2303 Page 3
1 provided. For those students who transfer pursuant to the
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2 provisions of the Education Open Transfer Act, the receiving school
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3 district shall assume all responsibility for education and shall
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4 count the student for federal and state funding purposes according
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5 to the provisions of subsection B of Section 13-103 of this title.
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6 E. The Department shall publish on its website information
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7 about the dispute resolution options available to parents and legal
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8 guardians of children with disabilities, which shall include:
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9 1. IEP facilitation;
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10 2. Mediation;
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11 3. Due process; and
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12 4. State complaint procedure.
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13 F. The State Board of Education may promulgate rules and update
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14 relevant special education policies and procedures to comply with
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15 the provisions of this section.
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16 SECTION 2. This act shall become effective July 1, 2026.
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17 SECTION 3. It being immediately necessary for the preservation
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18 of the public peace, health, or safety, an emergency is hereby
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19 declared to exist, by reason whereof this act shall take effect and
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20 be in full force from and after its passage and approval.
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22 60-2-2303 EB 1/9/2026 9:33:49 AM
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Req. No. 2303 Page 4Every fact on this page links to its source, starting with the official bill record.