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
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1974 By: Hicks
3
4
4
5 AS INTRODUCED
5
6 An Act relating to students; amending 70 O.S. 2021,
6 Section 13-101, which relates to services for
7 children with disabilities; defining terms; removing
7 definition; updating statutory language; updating
8 statutory references; amending 70 O.S. 2021, Section
8 13-102, which relates to determining eligibility for
9 certain services; allowing a school district or
9 certain parent or legal guardian to initiate request
10 for evaluation; requiring evaluation to be conducted
10 within certain time frame; providing certain
11 construction; prohibiting provision of certain
11 services without consent; providing for evaluation of
12 certain children; providing exceptions to consent;
12 clarifying eligibility for certain services;
13 providing requirements for reevaluation; requiring
13 prior notice; requiring certain determination to be
14 made by certain team; providing for meetings of
14 individualized education program teams; prohibiting
15 certain determination from being made based on
15 certain determinant factors; providing for
16 determination of specific learning disability;
16 updating statutory references; updating statutory
17 language; directing the State Board of Education to
17 establish and maintain certain policies and
18 procedures; providing for contents of policies and
18 procedures; directing school districts to provide
19 procedural safeguards to certain parents and legal
19 guardians; providing procedures for due process
20 complaints; providing opportunity for impartial due
20 process hearing; providing policies and procedures
21 for due process hearings; directing the State
21 Department of Education to adopt certain policies and
22 procedures for mediation; directing the Department to
22 develop and publish certain form; providing for
23 placement of child while certain hearings or sessions
23 are pending; providing for promulgation of rules;
24
24
Req. No. 2304 Page 1
1 providing for codification; providing an effective
1 date; and declaring an emergency.
2
2
3
3
4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4
5 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101, is
5
6 amended to read as follows:
6
7 Section 13-101. A. For the purposes of this title:
7
8 1. "Child with a disability" means a child who is at least
8
9 three (3) years of age but has not reached twenty-two (22) years of
9
10 age with intellectual disabilities, hearing impairments, speech or
10
11 language impairments, visual impairments, serious emotional
11
12 disturbance, orthopedic impairments, autism, traumatic brain injury,
12
13 other health impairments, or specific learning disabilities and who,
13
14 by reason thereof, needs special education and related services;
14
15 2. "Free appropriate public education" means special education
15
16 and related services that:
16
17 a. have been provided at public expense, under public
17
18 supervision and direction, and without charge,
18
19 b. meet the standards of the State Department of
19
20 Education, and
20
21 c. are provided in conformity with a child's IEP;
21
22 3. "Individualized education program" or "IEP" means a written
22
23 statement for each child with a disability that is developed,
23
24
24
Req. No. 2304 Page 2
1 reviewed, and revised in accordance with the provisions of Section
1
2 13-102 of this title. The IEP shall include:
2
3 a. a statement of the child's present levels of academic
3
4 achievement and functional performance,
4
5 b. a statement of measurable annual goals including
5
6 academic and functional goals,
6
7 c. a description of how the child's progress toward
7
8 meeting the annual goals will be measured and when
8
9 periodic reports on the progress the child is making
9
10 toward meeting the annual goals is to be provided,
10
11 d. a statement of the special education and related
11
12 services and supplementary aids and services, based on
12
13 peer-reviewed research to the extent practicable, to
13
14 be provided to the child, or on behalf of the child,
14
15 and a statement of the program modifications or
15
16 supports for school personnel that are to be provided
16
17 for the child,
17
18 e. an explanation of the extent, if any, to which the
18
19 child will not participate with nondisabled children
19
20 in the regular class and activities,
20
21 f. a statement of any individual appropriate
21
22 accommodations that are necessary to measure the
22
23 academic achievement and functional performance of the
23
24 child on statewide assessments and district-
24
Req. No. 2304 Page 3
1 administered assessments. If the IEP team determines,
1
2 and parental consent is provided as required by
2
3 Section 13-114.6 of this title, that the child shall
3
4 take an alternate assessment, the IEP shall include a
4
5 statement of why the child cannot participate in the
5
6 regular assessment and why the alternate assessment
6
7 selected is appropriate for the child,
7
8 g. the projected date for the beginning of the services
8
9 and modifications including the anticipated frequency,
9
10 location, and duration of such services and
10
11 modifications, and
11
12 h. beginning no later than the first IEP to be in effect
12
13 when the child is age sixteen (16) years and updated
13
14 annually thereafter:
14
15 (1) appropriate measurable postsecondary goals based
15
16 on age-appropriate transition assessments related
16
17 to training, education, employment, and, where
17
18 appropriate, independent living skills,
18
19 (2) transition services needed to assist the child in
19
20 reaching the postsecondary goals, and
20
21 (3) beginning no later than one (1) year before the
21
22 child reaches age eighteen (18) years, a
22
23 statement that the child has been informed of his
23
24
24
Req. No. 2304 Page 4
1 or her rights, if any, that will transfer upon
1
2 reaching age eighteen (18) years; and
2
3 4. "Individualized education program team" or "IEP team" means
3
4 a group of individuals composed of:
4
5 a. the parents or legal guardians of a child with a
5
6 disability,
6
7 b. at least one regular education teacher of the child
7
8 with a disability if the child is participating in the
8
9 regular education environment,
9
10 c. at least one special education teacher or, where
10
11 appropriate, at least one special education provider,
11
12 d. a representative of the school district,
12
13 e. an individual who can interpret the instructional
13
14 implications of evaluation results who may also meet
14
15 the requirements of subparagraphs b through d of this
15
16 paragraph,
16
17 f. other individuals who have knowledge or special
17
18 expertise regarding the child including related
18
19 service personnel, at the discretion of the child's
19
20 parent or legal guardian or the school district, and
20
21 g. the child with a disability, whenever appropriate.
21
22 B. 1. The several school School districts of Oklahoma in this
22
23 state are hereby authorized to provide special education and related
23
24 services necessary for children with disabilities as hereinafter
24
Req. No. 2304 Page 5
1 defined as provided for in the Individuals with Disabilities
1
2 Education Act (IDEA) and the provisions of this act. Two or more
2
3 school districts may establish cooperative programs of special
3
4 education for children with disabilities when such arrangement is
4
5 approved by the State Board of Education. Funds may be expended for
5
6 school services for an additional period during the summer months
6
7 for approved programs for qualified children with disabilities,
7
8 provided their individualized education program (I.E.P.) IEP states
8
9 the need for extended school year special education and related
9
10 services. Children with disabilities shall mean children, as
10
11 defined in the Individuals with Disabilities Education Act (IDEA),
11
12 P.L. No. 105-17, who are three (3) years of age.
12
13 2. Provided, on On and after July 1, 1991, children from age
13
14 birth through two (2) years (0-36 months) of age three (3) years who
14
15 meet the eligibility criteria specified in Section 13-123 of this
15
16 title, shall be served pursuant to the provisions of the Oklahoma
16
17 Early Intervention Act. The attendance of said such children in
17
18 special education classes shall be included in the average daily
18
19 membership computations for State Aid purposes.
19
20 C. The State Board of Education is authorized to modify and
20
21 redefine by regulation the eligibility definitions whenever such
21
22 modification is required to receive federal assistance under the
22
23 Individuals with Disabilities Education Act (IDEA), P.L. No. 105-17
23
24 provisions of IDEA. Rules developed pursuant to Section 18-109.5 of
24
Req. No. 2304 Page 6
1 this title shall provide for such modification and revised
1
2 definitions.
2
3 D. It shall be the duty of each school district to provide
3
4 special education and related services for all children with
4
5 disabilities as herein defined who reside in that school district in
5
6 accordance with the Individuals with Disabilities Education Act
6
7 (IDEA), P.L. No. 105-17 IDEA. This duty may be satisfied by:
7
8 1. The district directly providing special education for such
8
9 children;
9
10 2. The district joining in a cooperative program with another
10
11 district or districts to provide special education for such
11
12 children;
12
13 3. The district joining in a written agreement with a private
13
14 or public institution, licensed residential child care and treatment
14
15 facility, or day treatment facility within such district to provide
15
16 special education for children who are deaf or hard-of-hearing,
16
17 children who are blind or partially blind, or other eligible
17
18 children with disabilities; or
18
19 4. Transferring eligible children and youth with disabilities
19
20 to other school districts which accept them and provide special
20
21 education and related services for such children, with the district
21
22 in which the child resides paying tuition therefor as hereinafter
22
23 provided. For those students who transfer pursuant to the
23
24 provisions of the Education Open Transfer Act, the receiving school
24
Req. No. 2304 Page 7
1 district shall assume all responsibility for education and shall
1
2 count the student for federal and state funding purposes according
2
3 to the provisions of subsection B of Section 13-103 of this title.
3
4 SECTION 2. AMENDATORY 70 O.S. 2021, Section 13-102, is
4
5 amended to read as follows:
5
6 Section 13-102. A. The determination of whether a child is
6
7 eligible for special education and related services shall be the
7
8 responsibility of the multidisciplinary evaluation team of the
8
9 school district in which such child has legal residence in
9
10 accordance with the provisions of the Individuals with Disabilities
10
11 Education Act (IDEA), P.L. No. 101-476 and the rules approved by the
11
12 State Board of Education. The eligibility of children with
12
13 disabilities shall be reevaluated at least once every three (3)
13
14 years or more frequently if conditions warrant or if the parent or
14
15 teacher of the child requests an evaluation as required under the
15
16 Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476
16
17 IDEA.
17
18 B. A school district or the parent or legal guardian of a child
18
19 may initiate a request for an initial evaluation to determine if he
19
20 or she is a child with a disability. An initial evaluation shall be
20
21 conducted within sixty (60) days of receiving consent from a parent
21
22 or legal guardian. The sixty-day period shall not apply if a parent
22
23 or legal guardian fails to produce the child for the evaluation or
23
24 if the child transfers to another school district.
24
Req. No. 2304 Page 8
1 1. Consent from a parent or legal guardian to conduct an
1
2 initial evaluation shall not be construed as consent for development
2
3 of an individualized education program (IEP) or consent for a child
3
4 to receive special education and related services.
4
5 2. If a child's parent or legal guardian fails to respond to a
5
6 request to provide consent or refuses to provide consent for the
6
7 child to receive special education and related services, the school
7
8 district in which the child is enrolled shall be prohibited from
8
9 providing such services. The school district shall not be found to
9
10 be in violation of the provisions of IDEA to provide a free
10
11 appropriate public education to the child and shall not be required
11
12 to convene an IEP team meeting or to develop an IEP for the child.
12
13 3. For a child who is a ward of the state and does not reside
13
14 with his or her parent or legal guardian, a school district shall
14
15 make reasonable efforts to obtain consent for an initial evaluation
15
16 to determine whether the child is a child with a disability.
16
17 4. Consent for an initial evaluation shall not be required if:
17
18 a. despite reasonable efforts to do so, the school
18
19 district cannot discover the whereabouts of the
19
20 child's parent or legal guardian,
20
21 b. the rights of the child's parent or parents have been
21
22 terminated in accordance with state law, or
22
23 c. the rights of the child's parent or parents to make
23
24 educational decisions have been subrogated by a judge
24
Req. No. 2304 Page 9
1 in accordance with state law and consent for initial
1
2 evaluation has been given by an individual appointed
2
3 by the judge to represent the child.
3
4 C. Any child determined to be a child with a disability and
4
5 eligible shall be permitted to receive such special education and
5
6 related services for a minimum period of twelve (12) years.
6
7 Successful completion of a secondary education program must shall be
7
8 determined through the individualized education program (IEP) IEP
8
9 and transcript records of the student. Eligibility for special
9
10 education and related services shall cease upon a determination and
10
11 documentation of graduation or completion of a secondary education
11
12 program in accordance with the IEP. In no event shall eligibility
12
13 for special education and related services cease prior to a child
13
14 with a disability reaching twenty-two (22) years of age unless he or
14
15 she has graduated with a standard or alternate diploma or otherwise
15
16 completed a secondary education program in accordance with his or
16
17 her IEP.
17
18 D. 1. A school district shall conduct a reevaluation of each
18
19 child with a disability if:
19
20 a. the school district determines that the educational or
20
21 related service needs including improved academic
21
22 achievement and functional performance of the child
22
23 warrant a reevaluation, or
23
24
24
Req. No. 2304 Page 10
1 b. the child's parent, legal guardian, or teacher
1
2 requests a reevaluation.
2
3 2. A reevaluation shall be conducted at least once every three
3
4 (3) years unless the parent or legal guardian and the school
4
5 district agree that a reevaluation is unnecessary. A reevaluation
5
6 conducted pursuant to this subsection shall not occur more
6
7 frequently than once a year unless the child's parent or legal
7
8 guardian and the school district agree.
8
9 E. A school district shall provide prior notice to the parent
9
10 or legal guardian of a child with a disability that includes a
10
11 description of any evaluation procedures to be used.
11
12 F. In conducting an evaluation or reevaluation, a school
12
13 district shall:
13
14 1. Use a variety of assessment tools and strategies to gather
14
15 relevant, functional, developmental, and academic information
15
16 including information that may be provided by a parent or legal
16
17 guardian that may assist in determining whether the child is a child
17
18 with a disability and the content of the child's IEP;
18
19 2. Not use any single measure or assessment as the sole
19
20 criterion for determining whether a child is a child with a
20
21 disability or determining an appropriate educational program for the
21
22 child;
22
23
23
24
24
Req. No. 2304 Page 11
1 3. Use technically sound instruments that may assess the
1
2 relative contribution of cognitive and behavioral factors in
2
3 addition to physical or developmental factors;
3
4 4. Ensure that assessments and other evaluation materials used
4
5 to assess a child:
5
6 a. are selected and administered so as not to be
6
7 discriminatory on a racial or cultural basis,
7
8 b. are provided and administered in the language and form
8
9 most likely to yield accurate information on what the
9
10 child knows and can do academically, developmentally,
10
11 and functionally, unless it is not feasible to so
11
12 provide or administer,
12
13 c. are used for purposes for which assessments or
13
14 measures are valid and reliable,
14
15 d. are administered by trained and knowledgeable
15
16 personnel, and
16
17 e. are administered in accordance with any instructions
17
18 provided by the producer of such assessments;
18
19 5. Ensure a child is assessed in all areas of suspected
19
20 disability;
20
21 6. Review existing evaluation data on the child including
21
22 evaluations and information provided by the parent or legal guardian
22
23 of the child; current classroom-based, local, or state assessments;
23
24
24
Req. No. 2304 Page 12
1 classroom-based observations; and observations by teachers and
1
2 related service providers; and
2
3 7. Ensure that assessments of a child with a disability who
3
4 transfers from one school district to another in the same academic
4
5 year are coordinated with the sending and receiving school districts
5
6 as necessary and as expeditiously as possible to ensure prompt
6
7 completion of evaluations.
7
8 G. Upon completion of an evaluation or reevaluation conducted
8
9 pursuant to this section, the determination of whether a child is a
9
10 child with a disability and the educational needs of the child shall
10
11 be made by an IEP team. The school district shall provide the
11
12 child's parent or legal guardian a copy of the evaluation report and
12
13 the documentation determining eligibility for special education and
13
14 related services.
14
15 H. 1. A member of an IEP team shall not be required to attend
15
16 an IEP meeting, in whole or in part, if the parent or legal guardian
16
17 of the child with a disability and the school district agree that
17
18 such attendance is not necessary.
18
19 2. A member of an IEP team may be excused from attending an IEP
19
20 meeting, in whole or in part, when the meeting involves a
20
21 modification to or discussion of the member's area of curriculum or
21
22 related services if the parent or legal guardian of the child with a
22
23 disability and the school district provide written consent for
23
24
24
Req. No. 2304 Page 13
1 excusal and the IEP team member submits in writing input into the
1
2 development of the IEP prior to the meeting.
2
3 I. A child shall not be determined to be a child with a
3
4 disability and eligible for special education and related services
4
5 if the determinant factor is:
5
6 1. A lack of appropriate instruction in reading including in
6
7 the essential components of reading instruction;
7
8 2. A lack of instruction in mathematics; or
8
9 3. Limited English proficiency.
9
10 J. In determining whether a child has a specific learning
10
11 disability as defined by Section 18-109.5 of this title, a school
11
12 district shall not be required to take into consideration whether a
12
13 child has a severe discrepancy between achievement and intellectual
13
14 ability in oral expression, listening comprehension, written
14
15 expression, basic reading skills, reading comprehension,
15
16 mathematical calculation, or mathematical reasoning. A school
16
17 district may use a process that determines whether a child responds
17
18 to specific scientific, research-based intervention as a part of the
18
19 evaluation or reevaluation procedures used in accordance with
19
20 subsection F of this section.
20
21 SECTION 3. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 13-103.1 of Title 70, unless
22
23 there is created a duplication in numbering, reads as follows:
23
24
24
Req. No. 2304 Page 14
1 A. The State Board of Education shall establish and maintain
1
2 policies and procedures to ensure that children with disabilities
2
3 and their parents or legal guardians are guaranteed procedural
3
4 safeguards with respect to the provision of a free appropriate
4
5 public education. The policies and procedures shall include:
5
6 1. An opportunity for the parent or legal guardian of a child
6
7 with a disability to examine all records relating to such child and
7
8 to participate in meetings regarding the identification, evaluation,
8
9 and educational placement of the child and regarding the provision
9
10 of a free appropriate public education to the child, and to obtain
10
11 an independent educational evaluation of the child;
11
12 2. Protection of the rights of a child with a disability when
12
13 the child's parent or legal guardian is unknown; the school district
13
14 cannot, after reasonable efforts, locate the child's parent or legal
14
15 guardian; or the child is a ward of the state including the
15
16 assignment of an individual to act as a surrogate for the parent or
16
17 legal guardian. A surrogate shall not be an employee of the State
17
18 Department of Education, the school district in which the child is
18
19 enrolled, or any other agency that is involved in the education or
19
20 care of the child;
20
21 3. Written prior notice to the parent or legal guardian of a
21
22 child with a disability who is under the age of twenty-two (22)
22
23 whenever the school district proposes to initiate or change or
23
24 refuses to initiate or change the identification, evaluation, or
24
Req. No. 2304 Page 15
1 educational placement of the child or the provision of a free
1
2 appropriate public education to the child. The notice shall include
2
3 information about policies and procedures for mediation available to
3
4 the parent or legal guardian pursuant to subsection F of this
4
5 section. Notice shall be provided in the native language of the
5
6 child's parent or legal guardian unless it is not feasible to do so;
6
7 4. An opportunity for mediation, which shall:
7
8 a. be voluntary on the part of the parties,
8
9 b. not be used to deny or delay the rights of a parent or
9
10 legal guardian to a due process hearing as provided
10
11 for in subsection E of this section, and
11
12 c. be conducted by a qualified and impartial mediator who
12
13 is trained in effective mediation techniques;
13
14 5. An opportunity for any party to present a complaint:
14
15 a. with respect to any matter relating to the
15
16 identification, evaluation, or educational placement
16
17 of the child or the provision of a free appropriate
17
18 public education to such child, and
18
19 b. which sets forth an alleged violation that occurred
19
20 not more than two (2) years before the date the
20
21 child's parent or legal guardian or the school
21
22 district in which the child is enrolled knew or should
22
23 have known about an alleged action that forms the
23
24 basis of the complaint;
24
Req. No. 2304 Page 16
1 6. Requirements that either party, or the attorney representing
1
2 a party, provide due process complaint notice to the other party and
2
3 such notice is submitted to the State Department of Education. The
3
4 notice shall include:
4
5 a. the name of the child,
5
6 b. the address of the residence of the child, or
6
7 available contact information if the child is
7
8 considered homeless children and youth as defined in
8
9 Section 600 of Title 10 of the Oklahoma Statutes,
9
10 c. the name of the school district in which the child is
10
11 enrolled,
11
12 d. a description of the nature of the problem relating to
12
13 proposed initiation or change including facts related
13
14 to such problem, and
14
15 e. a proposed resolution of the problem to the extent
15
16 known and available; and
16
17 7. A model form to assist parents and legal guardians in filing
17
18 a complaint and due process complaint notice in accordance with the
18
19 provisions of this subsection.
19
20 B. Each school district in this state shall provide a copy of
20
21 the procedural safeguards to parents and legal guardians of a child
21
22 with a disability enrolled in the school district annually, upon
22
23 initial referral or upon request for an initial evaluation, upon the
23
24 first occurrence of filing a complaint, and upon request of a parent
24
Req. No. 2304 Page 17
1 or legal guardian. A school district may post the procedural
1
2 safeguards on its website.
2
3 C. Within ten (10) days of receiving a due process complaint
3
4 notice as provided for in subsection A of this section, a school
4
5 district shall submit to the child's parent or legal guardian a
5
6 response that includes the following:
6
7 1. An explanation of why the school district proposed or
7
8 refused to take the action raised in the complaint;
8
9 2. A description of other options that the IEP team considered
9
10 and the reasons why those options were rejected;
10
11 3. A description of each evaluation procedure, assessment,
11
12 record, or report the agency used as the basis for the proposed or
12
13 refused action; and
13
14 4. A description of the factors that are relevant to the school
14
15 district's proposal or refusal.
15
16 D. The parent or legal guardian of a child with a disability
16
17 who submits a due process complaint notice as provided for in
17
18 subsection A of this section shall be given an opportunity for an
18
19 impartial due process hearing, which shall be conducted by the State
19
20 Department of Education.
20
21 E. Policies and procedures for a due process hearing shall
21
22 include:
22
23 1. a. A request for a due process hearing shall be made by
23
24 the parent or legal guardian of a child with a
24
Req. No. 2304 Page 18
1 disability or the State Department of Education within
1
2 two (2) years of the date the parent or legal guardian
2
3 or the Department knew or should have known about the
3
4 alleged action that forms the basis of the complaint.
4
5 b. The time limitation provided in this paragraph shall
5
6 not apply if the parent or legal guardian of a child
6
7 was prevented from requesting the hearing due to
7
8 specific misrepresentations by the school district
8
9 that it had resolved the problem forming the basis of
9
10 the complaint or the school district withheld required
10
11 information from the parent or legal guardian.
11
12 2. Within fifteen (15) days of receiving a due process
12
13 complaint notice as provided for in subsection A of this section,
13
14 the party providing a hearing officer shall provide notification of
14
15 such hearing.
15
16 3. A hearing officer shall:
16
17 a. not be an employee of the State Department of
17
18 Education or a school district involved in the
18
19 education or care of the child,
19
20 b. not be a person having a personal or professional
20
21 interest that conflicts with the person's objectivity
21
22 in the hearing, and
22
23 c. possess knowledge of and the ability to understand the
23
24 provisions of the Individuals with Disabilities
24
Req. No. 2304 Page 19
1 Education Act (IDEA), legal interpretations thereof,
1
2 and associated federal and state regulations.
2
3 4. Within five (5) days of receiving the notification provided
3
4 for in paragraph 1 of this subsection, the hearing officer shall
4
5 make a determination of whether the due process complaint notice is
5
6 facially sufficient.
6
7 5. A party may amend its due process complaint notice only if:
7
8 a. the other party consents in writing to such amendment
8
9 and is given the opportunity to resolve the complaint,
9
10 or
10
11 b. the hearing officer grants permission no later than
11
12 five (5) days before a due process hearing is
12
13 scheduled.
13
14 6. Within five (5) days prior to a hearing conducted pursuant
14
15 to this subsection, each party shall disclose to all parties all
15
16 evaluations completed and recommendations made based on such
16
17 evaluations.
17
18 7. A decision made by a hearing officer shall be made on
18
19 substantive grounds based on a determination of whether the child
19
20 with a disability received a free appropriate public education.
20
21 Provided, however, a hearing officer may find that a child with a
21
22 disability did not receive a free appropriate public education based
22
23 on a procedural violation only if the procedural violation:
23
24
24
Req. No. 2304 Page 20
1 a. impeded the child's right to a free appropriate public
1
2 education,
2
3 b. significantly impeded the opportunity of a parent or
3
4 legal guardian to participate in the decision-making
4
5 process regarding the provision of a free appropriate
5
6 public education to the child, or
6
7 c. caused a deprivation of educational benefits.
7
8 8. Any party aggrieved by the findings and decision rendered in
8
9 a due process hearing conducted by the State Department of Education
9
10 pursuant to the provisions of this subsection may appeal such
10
11 findings and decision to the Department. The Department shall
11
12 conduct an impartial review of the findings and decision, and the
12
13 officer conducting such review shall make an independent decision
13
14 upon completion of such review.
14
15 9. Any party to a due process hearing conducted pursuant to the
15
16 provisions of this subsection shall be accorded:
16
17 a. the right to be accompanied and advised by counsel and
17
18 by individuals with special knowledge or training
18
19 regarding the problems of children with disabilities,
19
20 b. the right to present evidence and confront, cross
20
21 examine, and compel the attendance of witnesses, and
21
22 c. the right to a written or, at the option of a child's
22
23 parent or legal guardian, an electronic verbatim
23
24 record of such hearing.
24
Req. No. 2304 Page 21
1 10. Any party who brings a civil action with regard to a due
1
2 process complaint shall have ninety (90) days from the date of the
2
3 decision of a hearing officer to bring such action.
3
4 F. The State Department of Education shall adopt policies and
4
5 procedures for mediation to resolve disputes over the
5
6 identification, evaluation, educational placement, manifestation
6
7 determination, interim alternative educational placement, or the
7
8 provision of a free appropriate public education to a child with a
8
9 disability. The policies and procedures shall include:
9
10 1. A conciliation conference, which a parent or legal guardian
10
11 may request to meet with the IEP team or appropriate school district
11
12 staff to discuss any objections to the prior notice received
12
13 pursuant to paragraph 3 of subsection A of this section. Within
13
14 five (5) days after the conciliation conference, the school district
14
15 shall provide the parent or legal guardian a conciliation conference
15
16 memorandum describing the district's final proposed services for the
16
17 student;
17
18 2. A facilitated IEP team meeting led by an impartial
18
19 facilitator provided by the State Department of Education;
19
20 3. An opportunity to meet with a disinterested party. The
20
21 State Department of Education shall develop and maintain a list of
21
22 qualified mediators who are knowledgeable in the laws and
22
23 regulations relating to the provision of special education and
23
24 related services;
24
Req. No. 2304 Page 22
1 4. A provision stating that the cost of the mediation process
1
2 shall be borne by the state;
2
3 5. A requirement that mediation sessions be scheduled in a
3
4 timely manner and be held in a location that is convenient to the
4
5 parties to the dispute. A district shall hold a conciliation
5
6 conference, facilitated IEP team meeting, or other mediation within
6
7 ten (10) calendar days from the date the public school district
7
8 receives the request from a parent or legal guardian;
8
9 6. A confidentiality provision to ensure that discussions that
9
10 occur during the mediation process cannot be used as evidence in any
10
11 subsequent due process hearing or civil proceeding;
11
12 7. A requirement to execute a written, legally binding
12
13 agreement when a resolution is reached through the mediation
13
14 process. The agreement shall be signed by the parent or legal
14
15 guardian of the child with a disability and an authorized school
15
16 district representative;
16
17 8. A provision allowing any party to a mediation conducted
17
18 pursuant to the provisions of this subsection to request additional
18
19 mediation to address implementation of any mediated agreement; and
19
20 9. A provision prohibiting mediators, facilitators, and any of
20
21 their records associated with a mediation conducted pursuant to the
21
22 provisions of this section from being subject to subpoena in a civil
22
23 action.
23
24
24
Req. No. 2304 Page 23
1 G. The State Department of Education shall develop and publish
1
2 on its website a model form to be used by parents and legal
2
3 guardians to request any of the mediation procedures provided for in
3
4 subsection F of this section.
4
5 H. While a due process hearing or mediation session is pending,
5
6 a child with a disability shall remain in his or her current
6
7 educational placement, unless the State Department of Education, the
7
8 school district in which the student is enrolled, or his or her
8
9 parent or legal guardian otherwise agree. If the child was applying
9
10 for initial admission to a school district, he or she shall be
10
11 placed in the school district until all such proceedings have been
11
12 completed.
12
13 I. The State Board of Education may promulgate rules to
13
14 implement the provisions of this section.
14
15 SECTION 4. This act shall become effective July 1, 2026.
15
16 SECTION 5. It being immediately necessary for the preservation
16
17 of the public peace, health, or safety, an emergency is hereby
17
18 declared to exist, by reason whereof this act shall take effect and
18
19 be in full force from and after its passage and approval.
19
20
20
21 60-2-2304 EB 1/15/2026 9:20:30 AM
21
22
22
23
23
24
24
Req. No. 2304 Page 24Every fact on this page links to its source, starting with the official bill record.