STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2549	By:	Nelson

AS INTRODUCED

An Act relating to schools; amending Section 1, Chapter 310, O.S.L. 2013, which relates to the Rethinking Special Education, Competency and Transition Task Force; extending termination date of the Task Force; extending final report filing date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 310, O.S.L. 2013, is amended to read as follows:
Section 2.  A.  There is hereby created until May 31, 2014 2015, the Rethinking Special Education, Competency and Transition Task Force.
B.  The Task Force shall study and develop a plan to provide for the delivery of special education and related services to students with disabilities for whom an individualized education program (IEP) has been developed in accordance with the Individuals with Disabilities Education Act (IDEA).  The Task Force shall study, review and make recommendations on the following, with a focus on improved educational services and outcomes and meaningful postsecondary transition plans:
1.  What is the appropriate governance and organizational structure for statewide special education services;
2.  What resources are needed and available to support statewide special education services;
3.  How special education services can be enhanced through improved economies of scale and collaboration models;
4.  How students are enrolled in and provided services through special education;
5.  How teachers and other related services are provided through special education services;
6.  How equipment, resources and other support services benefit students with an IEP;
7.  How partnerships with school districts, technology center school districts, higher education institutions, and any other public or private entities benefit students with an IEP;
8.  What are the relevant federal IDEA compliance issues;
9.  How assessments for placing students on an IEP can be improved;
10.  What are the most salient issues reported when a parent files a special education complaint or due process procedure;
11.  How the teacher preparation system prepares regular education and special education teachers to accommodate students with learning differences and the continuum of services used to meet the needs of a student;
12.  What safeguards are in place to assure annual progress for students in special education considering the waiver Oklahoma received from the Elementary and Secondary Education Act (ESEA);
13.  What procedures and policies are in place regarding referral and evaluation for special education services;
14.  What procedures and policies are in place regarding postsecondary transition planning for students in special education;
15.  What procedures and policies are in place regarding referral and evaluation for assistive technology;
16.  What models of equipment exchange and cooperative councils are already in effect and are being successfully implemented in schools;
17.  What issues and barriers exist for students on IEPs who graduate and wish to attend postsecondary education classes;
18.  What are the options for restructuring special education and creating a statewide special education entity, what models do other states use and what would work best in Oklahoma;
19.  How would a new special education entity improve special education services and student outcomes and how this improvement will be measured and monitored; and
20.  Any other relevant issues.
C.  The Task Force shall consist of twenty-four (24) members as follows:
1.  The State Superintendent of Public Instruction or the Assistant State Superintendent of Special Education Instruction as designated by the State Superintendent;
2.  The Secretary of Education or designee;
3.  The Director of the Department of Rehabilitation Services or the State Transition Coordinator for the Department of Rehabilitation Services as designated by the Director;
4.  A superintendent of an urban public school district, appointed by the Governor;
5.  A superintendent of a rural public school district, appointed by the Speaker of the House of Representatives;
6.  A special education director from an urban public school district, appointed by the President Pro Tempore of the Senate;
7.  A special education director from a rural public school district, appointed by the Speaker of the House of Representatives;
8.  A service provider of special-education-related services, appointed by the President Pro Tempore of the Senate;
9.  A special education teacher, appointed by the State Superintendent of Public Instruction;
10.  A parent who is a resident of an urban public school district, appointed by the President Pro Tempore of the Senate;
11.  A parent who is a resident of a rural public school district, appointed by the Speaker of the House of Representatives;
12.  A parent who is a resident of a suburban public school district, appointed by the Board of the Oklahoma Developmental Disabilities Council;
13.  A private employer who employs individuals with disabilities, appointed by the State Director of the Oklahoma Department of Career and Technology Education;
14.  A disability coordinator for a higher education institution, appointed by the Governor;
15.  A representative of a technology center school district, appointed by the Speaker of the House of Representatives;
16.  A representative of the federally funded protection and advocacy system for Oklahoma known as the Oklahoma Disability Law Center, appointed by the President Pro Tempore of the Senate;
17.  A currently employed self-advocate, appointed by the Board of the Oklahoma Developmental Disabilities Council;
18.  A self-advocate who is currently enrolled or was previously enrolled at a technology center in the state, appointed by the President Pro Tempore of the Senate;
19.  A self-advocate who is currently enrolled or was previously enrolled at an institution of higher education in the state, appointed by the Speaker of the House of Representatives;
20.  A professor in a college of education at an institution in The Oklahoma State System of Higher Education, appointed by the Governor;
21.  A person with extensive knowledge of the Regional Education Service Centers which were previously funded through the State Department of Education, appointed by the Governor;
22.  A person representing the Special Education Resolution Center, appointed by the Governor;
23.  A member of the House of Representatives, appointed by the Speaker of the House of Representatives; and
24.  A member of the Senate, appointed by the President Pro Tempore of the Senate.
D.  The member of the House of Representatives and the member of the Senate shall serve as cochairs of the Task Force.  Appointments to the Task Force shall be made within thirty (30) days after the effective date of this act.  Meetings of the Task Force shall be held at the call of either cochair of the Task Force.  Members shall serve at the pleasure of their appointing authorities.  A majority of the members of the Task Force shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Task Force.  Except as otherwise provided, a vacancy on the Task Force shall be filled by the original appointing authority.  If the original appointing authority fails to make an appointment within thirty (30) days after the effective date of this act, a majority of the members of the Task Force who have been appointed may fill the vacancy to the open positions.  Staff support for the Task Force shall be provided by the staff of the House of Representatives, Senate and State Department of Education.  The Oklahoma Department of Career and Technology Education, Oklahoma State Regents for Higher Education, Office of Disability Concerns, State Department of Rehabilitation Services, Oklahoma Health Care Authority, Department of Human Services, and the State Use Committee for the Office of Management and Enterprise Services shall provide support and information as requested by the Task Force.
E.  Members of the Task Force shall receive no compensation for serving on the Task Force, but may receive travel reimbursement, contingent on the availability of private funds for this purpose.
F.  The Task Force may seek the assistance of the Legislative Service Bureau or the State Board of Education to contract with an independent consultant as necessary to fulfill the duties specified in this section contingent on the availability of funds.
G.  The Task Force shall submit a final report by January 1, 2014 2015, to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-2-9588	KB	01/12/14