STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 470	By:	Gumm

AS INTRODUCED

An Act relating to schools; amending 70 O.S. 2001, Section 13-102, which relates to eligibility for special education services; placing burden of proof on local educational agencies in certain proceedings; providing certain exception; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 13-102, is amended to read as follows:
Section 13-102.  A.  The determination of whether a child is eligible for special education and related services shall be the responsibility of the multidisciplinary evaluation team of the school district in which such child has legal residence in accordance with the provisions of the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476 and the rules approved by the State Board of Education.  The eligibility of children with disabilities shall be reevaluated at least once every three (3) years or more frequently if conditions warrant or if the parent or teacher of the child requests an evaluation as required under the Individuals with Disabilities Education Act (IDEA), P.L. No. 101-476.
B.  In all proceedings related to the provision of a free appropriate public education for children with disabilities, including whether children are being educated in the least restrictive environment, the local educational agency responsible for providing education to the student with disabilities shall have the burden of proof, the burden of production, and the burden of persuasion in any such proceeding, except with respect to any determination of the appropriateness of any private school placement unilaterally selected by a parent or guardian, the burden of proof, production, and persuasion shall rest upon the student, the student’s parent, or the student’s guardian.
C.  Any child determined to be eligible shall be permitted to receive such special education and related services for a minimum period of twelve (12) years.  Successful completion of a secondary education program must be determined through the individualized education program (IEP) and transcript records of the student.  Eligibility for special education and related services shall cease upon a determination and documentation of graduation or completion of a secondary education program in accordance with the IEP.
SECTION 2.  This act shall become effective July 1, 2009.
SECTION 3.  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.

52-1-177	KM	1/8/2009 10:16:03 AM