1. A. The State Department of Education and the public school districts in this state shall comply with provisions of the Individuals with Disabilities Education Act (IDEA), P.L. No. 108-446, and the Department shall be authorized to expend federal funds to provide special education and related services necessary for children with disabilities. “Children with disabilities” shall mean children, as defined by IDEA, who are three (3) years of age through twenty-one (21) years of age.

2. B.

   1. 1. The school districts in this state are hereby authorized to provide special education and related services necessary for children with disabilities. Two or more school districts may establish cooperative programs of special education for children with disabilities when such arrangement is approved by the State Board of Education. Funds may be expended for school services for an additional period during the summer months for approved programs for qualified children with disabilities, provided their individualized education program (IEP) states the need for extended school year special education and related services.
   2. 2. On and after July 1, 1991, children from birth until they reach the age of three (3) who meet the eligibility criteria specified in Section 13-123 of this title shall be served pursuant to the provisions of the Oklahoma Early Intervention Act. The attendance of such children in special education classes shall be included in the average daily membership computations for State Aid purposes.
3. C. The State Board of Education is authorized to modify and redefine by regulation the eligibility definitions whenever such modification is required to receive federal assistance under the provisions of IDEA. Rules developed pursuant to Section 18-109.5 of this title shall provide for such modification and revised definitions.

4. D. It shall be the duty of each school district to provide special education and related services for all children with disabilities as herein defined who reside in that school district in accordance with IDEA. This duty may be satisfied by:

   1. 1. The district directly providing special education for such children;
   2. 2. The district joining in a cooperative program with another district or districts to provide special education for such children;
   3. 3. The district joining in a written agreement with a private or public institution, licensed residential child care and treatment facility, or day treatment facility within such district to provide special education for children who are deaf or hard-of-hearing, children who are blind or partially blind, or other eligible children with disabilities; or
   4. 4. Transferring eligible children and youth with disabilities to other school districts which accept them and provide special education and related services for such children, with the district in which the child resides paying tuition. For those students who transfer pursuant to the provisions of the Education Open Transfer Act, the receiving school district shall assume all responsibility for education and shall count the student for federal and state funding purposes according to the provisions of subsection B of Section 13-103 of this title.

5. E. The parent or legal guardian of a child with disabilities shall have the right to:

   1. 1. Review all documents including, but not limited to, evaluations, reports, progress monitoring data, work samples, behavior logs, and discipline records, at least five (5) business days prior to any meeting regarding an IEP, a meeting conducted pursuant to Section 504 of the Rehabilitation Act of 1973, or any other meeting regarding accommodations for a child with a disability. The parent or legal guardian may agree in writing to a review period of fewer than five (5) business days; and
   2. 2. Bring any individual of the parent or legal guardian’s choosing including an individual with unique knowledge or expertise regarding the child to any meeting with school personnel including, but not limited to, meetings regarding an IEP, meetings conducted pursuant to Section 504 of the Rehabilitation Act of 1973, and meetings concerning the academics, behavior, discipline, attendance, health, or any other matter involving the child with a disability.

6. F. The Department shall publish on its website information about the dispute resolution options available to parents and legal guardians of children with disabilities, which shall include:

   1. 1. IEP facilitation;
   2. 2. Mediation;
   3. 3. Due process; and
   4. 4. State complaint procedure.
7. G. The State Board of Education may promulgate rules and update relevant special education policies and procedures to comply with the provisions of this section.

Laws 1971, HB 1155, c. 281, § 13-101, emerg. eff. July 2, 1971; Amended by Laws 1973, SB 250, c. 136, § 1, emerg. eff. May 10, 1973; Amended by Laws 1975, SB 216, c. 118, § 1, emerg. eff. May 13, 1975; Amended by Laws 1980, HB 1816, c. 211, § 8; Amended by Laws 1980, HB 1442, c. 267, § 1; Amended by Laws 1981, SB 214, c. 278, § 5, emerg. eff. July 1, 1981; Amended by Laws 1989, HB 1618, c. 102, § 10, emerg. eff. July 1, 1989; Amended by Laws 1993, HB 1638, c. 116, § 1, emerg. eff. July 1, 1993; Amended by Laws 1999, HB 1759, c. 320, § 27, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2026, SB 1489, c. 388, § 2, emerg. eff. July 1, 2026 (superseded document available).