PARENTS RIGHTS IN SPECIAL EDUCATION: NOTICE OF PROCEDURAL SAFEGUARDS
As the parent(s) of a child who is receiving or may be eligible for special education and related services, you have certain rights according to State and federal laws. If you have questions about these rights and procedural safeguards, please contact your school district, or the Oklahoma State Department of Education (OSDE), Special Education Services (SES). These rights and procedural safeguards are in accordance with Federal Law, the Individuals with Disabilities Education Act (IDEA) 2004.

In general, a copy of the procedural safeguards must be given to you (or your young adult who has reached the age of majority—18 years of age unless a guardian has been appointed by a Court) only one time per year, except that a copy must also be given to you: upon initial referral or your request for evaluation; upon the filing of a State administrative complaint or due process hearing complaint; upon your request and if your student is subject to a disciplinary change of placement. Your school district may place a current copy of the procedural safeguards notice on its Web site if such Web site exists. The procedural safeguards notice must include a full explanation of the procedural safeguards, written in a language understandable to the general public, and provided in your native language or other mode of communication you use, unless it is clearly not feasible to do so. If your native language or other mode of communication is not a written language, your school district must ensure that the notice is translated orally or by other means in your native language or other mode of communication; you understand the content of the notice; and that there is written evidence that these requirements have been met. 

PRIOR WRITTEN NOTICE TO PARENTS

Your school district must provide prior written notice to you each time it proposes or refuses to initiate or change the identification, evaluation, educational placement of your child or the provision of a free appropriate public education (FAPE) to your child.

The notice must include:

•  A description of the action your school district proposes or refuses to take.
•  An explanation of why your school district proposes or refuses to take the action.
•  A description of any other options that the Individualized Education Program (IEP) Team considered and the reasons why those options were rejected.
•  A description of each evaluation procedure, assessment, record, or report your school district used in deciding to propose or refuse the action.
•  A description of any other factors which are relevant to your school district’s proposal or refusal.
•  A statement that you have protection under the procedural safeguards under the IDEA and, if the notice is not a referral for an initial evaluation, the means by which a copy of a description of the procedural safeguards can be obtained, and include resources for
  you to contact for help in understanding the provisions of the IDEA.

The notice must be:

•  Written in language understandable to the general public.
•  Provided in your native language or other mode of communication you use, unless it is clearly not feasible to do so.

NATIVE LANGUAGE
If your native language or other mode of communication is not a written language, your school district must ensure that the notice is translated for you orally or by other means in your native language or other mode of communication and that you understand the content of the notice. The school must have written documentation that this requirement has been met. In the case of an individual who is limited English proficient (LEP), native language refers to the language normally used by that person. In the case of a child, it refers to the language normally used by your child’s parents in all direct contact with your child. In all direct contact with your child, it refers to the language normally used by your child in the home or learning environment. For a person with deafness or blindness, or a person with no written language, the mode of communication is the language the person normally uses (such as sign language, Braille, or oral communication).

ELECTRONIC MAIL (E-MAIL)
If your school district offers you the choice of receiving documents by e-mail, you may also choose to receive the following documents by e-mail:
 Procedural Safeguards Notice.
 Notices related to a due process
complaint.

PARENT CONSENT—DEFINITION
Consent means:

•  You have been fully informed in your native language or other mode of communication of all information relevant to the activity for which you are asked to provide consent.
•  You understand and agree in writing to the carrying out of the activity for which your consent is sought, and the consent describes the activity and
  lists the records (if any) which will be released and to whom.
•  You understand that the granting of consent is voluntary and you may revoke or withdraw your consent at any time prior to carrying out the action. However, your revocation of consent is not retroactive which means that it does not negate the action that has already occurred after you gave consent and before you revoked consent.

PARENTAL CONSENT FOR INITIAL EVALUATION
After providing you with written notice of the proposed evaluations for your child, your school district must obtain your consent before conducting an initial evaluation to determine whether your child is eligible under Part B of the IDEA to receive special education and related services. Your consent for an initial evaluation does not mean that you have given your consent for the school district to provide special education and related services to your child. Your school district must make reasonable efforts to obtain your informed consent for initial evaluation to decide whether your child is a child with a disability.

Your consent is not required before your school district may:

•  Review existing data as part of your child’s evaluation or reevaluation.
•  Give your child a test or other assessment that is given to all children, unless, before that test or assessment, consent is required from all parents of all children.
•  Screen your child by a teacher or specialist to determine strategies for curriculum implementation.

WARDS OF THE STATE
For children that are wards of the state and are not living with his/her parent(s) the school district does not need consent from the parent for an initial evaluation to determine if your child is a child with a disability if:

•  Despite reasonable efforts to do so, the school district cannot find the parent(s) of the child.
•  The rights of the parent(s) have been terminated in accordance with State law.
•  A judge has assigned the right to make educational decisions and to consent for an individual evaluation to an individual appointed by the judge to represent the child.

Ward of the state as used in the IDEA,
means a child who, as determined by the
state where the child lives, is:

•  A foster child.
•  Considered a ward of the state under Oklahoma State law.
•  In the custody of a public child welfare agency.

The term does not include a foster child who has a foster parent who meets the definition of a parent.

REFUSAL TO CONSENT
If you, the parent(s), refuse consent for evaluation, the school or school district may continue to pursue an evaluation by utilizing the mediation and due process complaint hearing procedures, except to the extent where State law is inconsistent with this provision related to parental consent. If you are home schooling your child or you have placed your child in a private school, the school cannot use the mediation or due process hearing procedures to pursue an evaluation.
Parental consent for evaluation must not be construed as consent to placement for provision of special education and related services.
If the local educational agency (LEA) pursues an evaluation by utilizing the due process complaint hearing procedures, and the hearing officer decides in favor of the LEA/agency, the LEA/ agency may evaluate your child without your consent. This is subject to the parents’ rights under provisions for administrative appeals, impartial reviews, civil actions, due process timelines, and status of your child during the proceedings under the IDEA. The LEA/agency must notify the parent(s) of its actions and that the parent(s) have appeal rights, as well as safeguards and rights at the hearing itself.

TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY
When a young adult with a disability
reaches the age of majority (18 years of age)
or when a minor is married, under State law
(except for a young adult with a disability
who has been determined to be incompetent
under State law):
 The school district must provide any
notice required by the law to both the
young adult and the parents.
 All other rights afforded to parents
under the IDEA Part B transfer to the
young adult.
 The school district must notify the
individual and the parent(s) of
transfer of rights at least one year
before the transfer in your student’s
IEP.
 All rights afforded to parent(s) under
this law transfer to young adults who
are incarcerated in an adult or
juvenile federal, State, or local
correctional institution.
If, under State law, a young adult with a
disability who has reached the age of
majority has not been determined to be
incompetent, but who is determined not to
have the ability to provide informed consent
with respect to his or her educational
program, the State must establish procedures
for appointing the parent(s) of the young
adult, or if the parent(s) are not available,
another appropriate individual, to represent
the educational interests of the young adult
throughout the period of eligibility of the
young adult under this part.
EVALUATION
Either a parent or a school district may
initiate a request for an initial evaluation to
determine if your child is a child with a
disability. If you believe your child is in
need of a special education evaluation, you
should contact your child’s school.
Evaluation means a variety of assessment
tools, including your input, your child’s
teachers and other service providers
observations, strategies, technically sound
instruments, and procedures used in
accordance with IDEA to determine whether
a child qualifies as a child with a disability
as defined by IDEA and the educational
needs of your child. The term means
procedures used selectively with an
individual child, and it does not include
basic assessments administered to or
procedures used with all children in a
school, grade, or class.
ELIGIBILITY
Upon completion of the determination of
tests and other evaluation procedures,
including information provided by you, the
parent(s), the determination of whether your
child is eligible as a child with a disability
must be made by a group of qualified
professionals and the parent(s). A copy of
the evaluation report and the documentation
of determination of eligibility must be given
to you, the parent(s), at no cost. Your child
will be eligible for special education
services if it is determined that your child
has one or more of the disabilities included
under Oklahoma’s special education
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standards and your child is in need of special
education (specially designed instruction) as
a result.
An initial evaluation must be conducted in a
45-school-day timeframe from receipt of
parental consent for the initial evaluation
until the initial eligibility determination is
completed.
This timeframe would not apply if you
repeatedly fail or refuse to make your child
available for the evaluation or your child
enrolls in another school district while the
evaluation is being conducted. Your child’s
new school district and you would then
agree on a specific time when your child’s
evaluation would be promptly completed.
If your child has participated in a process
that assesses your child’s response to
scientifically research-based intervention to
determine if your child has a specific
learning disability, the instructional
strategies used and the student-centered data
collected must include documentation that
you, the parent(s), were notified about the
State’s policies regarding the amount and
nature of student performance data that
would be collected and the general
education services that would be provided;
strategies for increasing your child’s rate of
learning; and the your right to request an
evaluation.
PARENTAL CONSENT FOR SERVICES
Your school district must obtain your
informed consent before providing special
education and related services to your child
for the first time.
Your school district must maintain
documentation of reasonable efforts to
obtain your informed consent.
The documentation must include a record of
the school district’s attempts in these areas,
such as:
 Detailed records of telephone calls
made or attempted and the results of
those calls.
 Copies of correspondence sent to
you and any responses received.
 Detailed records of visits made to
your home or place of employment
and the results of those visits.
If you refuse to give your consent for your
child to receive special education and related
services for the first time, or if you do not
respond to a request to provide such consent,
your school district cannot provide special
education and related services to your child.
Your refusal to provide consent for your
child to first receive special education
services cannot be challenged legally by
your school district.
If you refuse to consent to the provision of
special education and related services, or if
you fail to respond to a request to provide
such consent:
 The school district is not in violation
of the requirement to make available
a FAPE to your child for its failure to
provide those services to your child.
 The school district is not required to
have an IEP meeting or develop an
IEP for your child for the special
education and related services for
which your consent was requested.
Except for an initial evaluation and initial
placement of your child into special
education, the IDEA provides that consent
may not be required as a condition of any
benefit to you or your child. Any changes in
your child's special education program, after
the initial placement, are not subject to your
parental consent under the IDEA Part B, but
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are subject to the prior notice and IEP
requirements.
Oklahoma procedures and the IDEA also
require prior notice to parents and
opportunity to participate in development or
review of IEPs before conducting
reevaluations.
PARENTAL CONSENT FOR
REEVALUATIONS
A reevaluation must be conducted at least
every three years, or more often if
conditions warrant. However, the IDEA
does not require that a school conduct a
reevaluation more than once per year unless
you and the school agree. Also, the IDEA
allows the school district and you to
mutually agree to waive the reevaluation.
Your school district must obtain your
informed consent before it reevaluates your
child, unless your school district can
demonstrate that:
 Your school district took reasonable
measures to obtain your consent for
your child's reevaluation.
 You failed to respond.
 No additional information is needed
after a review of existing
information.
Your school district may, but is not required
to, pursue your child’s reevaluation by using
the mediation, due process complaint
resolution meeting, and/or impartial due
process complaint hearing procedures to
override your refusal to consent to your
child’s reevaluation. However, as with
initial evaluations, your school district does
not violate its obligations under Part B of the
IDEA if it declines to pursue the
reevaluation in this manner.
PARENTAL REVOCATION OF
CONSENT
You have the right to revoke consent for the
continued provision of special education and
related services at any time.
You must submit in writing your request to
revoke your consent for special education
and related services. Services cannot be
revoked in part; therefore, your request for
revocation would forfeit all special
education services, related services and any
other supports included in your child’s IEP.
Within a reasonable time, your school
district must respond to your revocation with
a written notice, regarding the termination of
the educational placement and special
education and related services that will
result from the revocation of consent. The
written notice must include information on
resources for you to contact to understand
the requirements of Part B of the IDEA. If
you revoke consent for special education,
the school district:
 Is not in violation of the requirement to
make available a FAPE to your child
for its failure to provide services to
your child.
 Your child will be treated as a
nondisabled student for disciplinary
purposes.
 Is not required to amend your
child’s education records to remove
any references to your child’s
receipt of special education and
related services.
You or the school district may at a later date,
initiate a request for an initial evaluation to
determine if your child is a child with a
disability.
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INDEPENDENT EDUCATIONAL
EVALUATION
You have the right to obtain an independent
educational evaluation (IEE) for your child.
If you request an IEE, the school district
must provide you information about where
an IEE may be obtained.
An independent educational evaluation
means an evaluation conducted by a
qualified examiner who is not employed by
the school district responsible for the
education of your child.
IEE at public expense means that the school
district either pays for the full cost of the
evaluation or ensures that the evaluation is
otherwise provided at no cost to you.
Whenever an IEE is at public expense, the
criteria in which the evaluation is obtained,
including the location of the evaluation and
the qualifications of the examiner, must be
the same as the criteria that the school
district uses when it initiates an evaluation.
You have the right to an IEE at public
expense if you disagree with an evaluation
of your child obtained by your school
district. However, the school district may
initiate a due process complaint hearing to
show that its evaluation is appropriate. If the
final decision is that the evaluation is
appropriate, you still have the right to an
IEE, but not at public expense.
The school district may require you to
provide them prior notice before you obtain
an IEE at public expense; however, the
school district may not fail to pay for an IEE
if you do not notify the school district that
an IEE is being sought.
If you obtain an IEE at private or public
expense, the results of the evaluation must
be considered by the school district in any
decision made with respect to the provision
of a FAPE to your child, and may be
presented as evidence at a due process
hearing regarding your child.
If a hearing officer requests an IEE as part
of a hearing decision, the cost of the
evaluation must be at public expense.
EDUCATION RECORDS-PERSONALLY
IDENTIFIABLE INFORMATION
An education record is information that the
school maintains that contains personally
identifiable information on your child.
Personally identifiable information includes:
the name of your child, your name, or other
family member names; the address of your
child; a personal identifier, such as your
child's social security number or student
number; or a list of personal characteristics
or other information that would make it
possible to identify your child with
reasonable certainty.
ACCESS RIGHTS
Each school district must permit you to
inspect and review any educational records
which are collected, maintained, or used by
your school district. The school district must
comply with your request without
unnecessary delay and before any meeting
regarding your child’s IEP, a resolution
session or impartial due process hearing, and
in no case, more than 45 days after the
request has been made.
The right to inspect and review educational
records under this section includes:
 Your right to a response from the
school district to your reasonable
requests for explanations and
interpretations of the records.
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 Your right to have your
representative inspect and review the
records.
 Your right to request that the school
district provide copies of the records
if you cannot effectively inspect and
review the records, unless you
receive those copies.
A school district may presume that you have
authority to inspect and review records
relating to your child unless the school
district has been advised that you do not
have the authority under applicable State
law governing such matters as guardianship,
separation, and divorce.
RECORD OF ACCESS
Each school district must keep a record of
parties obtaining access to education records
collected, maintained, or used under this
part, (except access by parents and
authorized employees of the school district),
including the name of the party, the date
access was given, and the purpose for which
the party is authorized to use the records.
RECORDS ON MORE THAN ONE
CHILD
If any educational record includes
information on more than one child, the
parent(s) of those children have the right to
inspect and review only the information
relating to their child or to be informed of
that specific information.
LISTS OF TYPES AND LOCATIONS OF
INFORMATION
On request, each school district must
provide you with a list of the types and
locations of your child’s education records
collected, maintained, or used by the school
district.
FEES FOR SEARCHING, RETRIEVING,
AND COPYING RECORDS
Each school district may not charge a fee to
search for or to retrieve information under
the IDEA Part B. Each school district may
charge a fee for copies of records, which are
made for you if the fee does not effectively
prevent you from exercising your right to
inspect and review those records.
AMENDMENT OF RECORDS AT
PARENT'S REQUEST
If you believe that information in education
records collected, maintained, or used under
this part is inaccurate, misleading, or
violates the privacy or other rights of your
child, you may request the school district
that maintains the information change the
information.
The school district must decide whether to
change the information in accordance with
your request within a reasonable period of
time of receipt of this request. If the school
district decides to refuse to change the
information in accordance with your request,
it must inform you of the refusal and advise
you of your right to a hearing as set forth
under the Family Education Rights and
Privacy Act (FERPA).
OPPORTUNITY FOR A HEARING
The school district must, on request, provide
you an opportunity for a hearing to
challenge information in educational records
regarding your child to ensure that it is not
inaccurate, misleading, or otherwise in
violation of the privacy or other rights of
your child. If, as a result of the hearing, the
school district decides that the information is
inaccurate, misleading or otherwise in
violation of the privacy or other rights of
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your child, it must change the information
accordingly and inform you in writing.
RESULTS OF A HEARING
If, as a result of the hearing, the school
district decides that the information is not
inaccurate, misleading, or otherwise in
violation of the privacy or other rights of
your child, it must inform you of your right
to place in the records it maintains on your
child your written statement commenting on
the information or providing any reasons
you disagree with the decision of the school
district.
Such an explanation placed in the records of
your child must be maintained by the school
district as part of the records of your child as
long as the record or contested portion is
maintained by the school district. If the
school district discloses the records of your
child or the challenged portion to any party,
the explanation must also be disclosed to the
party.
CONSENT FOR DISCLOSURE OF
PERSONALLY IDENTIFIABLE
INFORMATION
Unless the information is contained in
education records, and the disclosure is
authorized without your consent under
FERPA, your consent must be obtained
before personally identifiable information is
disclosed to parties other than officials of
participating agencies. Your consent is not
required before personally identifiable
information is released to officials to
participating agencies for purposes of
meeting a requirement of Part B of the
IDEA.
Your consent must be obtained before
personally identifiable information is
released to officials of participating agencies
providing or paying for transition services.
If your child is in, or is going to attend, a
private school that is not located in the same
school district in which you reside, your
consent must be obtained before any
personally identifiable information about
your child is released between officials in
the school district where the private school
is located and officials in the school district
where you reside.
SAFEGUARDS
Each school district must protect the
confidentiality of personally identifiable
information at collection, storage,
disclosure, and destruction stages.
One official at each school district must
assume responsibility for ensuring the
confidentiality of any personally identifiable
information.
All persons collecting or using personally
identifiable information must receive
training or instruction regarding your State’s
policies and procedures regarding
confidentiality under Part B of the IDEA
and FERPA.
Each school district must maintain, for
public inspection, a current listing of the
names and positions of those employees
within the district that may have access to
personally identifiable information.
DESTRUCTION OF INFORMATION
Your school district must inform you when
personally identifiable information
collected, maintained, or used is no longer
needed to provide educational services to
your child.
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The information must be destroyed at your
request; however, a permanent record of
your child’s name, address, and phone
number, grades, attendance record, classes
attended, grade level completed, and year
completed, may be maintained without time
limitation.
MEDIATION
Mediation in special education is a free and
effective process to assist parents and
schools in resolving disagreements, at the
earliest stage possible, regarding the
education program of a student with
disabilities. This occurs at a nonadversative meeting that is more structured
than a parent-school conference but less
formal than a due process hearing.
The Oklahoma State Department of
Education or school district must make
mediation available to allow you and the
school district to resolve disagreements
involving any matter under Part B of the
IDEA, including matters arising prior to the
filing of a due process complaint. Thus,
mediation is available to resolve disputes
under Part B of the IDEA, whether or not
you have filed a due process hearing request.
When a due process complaint is initiated
under the IDEA, the school district must
inform you of the availability of mediation
as an alternative to resolving disputes.
The procedures must ensure that the
mediation process:
 Is voluntary on your part and the
school district’s part.
 Is provided at no cost to you.
 Is not used to deny your right to a
due process hearing, or deny any
other rights you have under Part B of
the IDEA.
 Is conducted by a qualified and
impartial mediator who is trained in
effective techniques.
For further information on Oklahoma’s
Mediation system, you may contact the
Special Education Resolution Center
(SERC) at 918-712-9632 or 888-267-0028.
You may also contact the local Early
Settlement Center at 877-521-6677 for the
name and number of your local Early
Settlement Center.
Opportunity to Meet with a Disinterested
Party:
The state educational agency (SEA) or
school district may establish procedures to
offer you and school districts that choose not
to use the mediation process an opportunity
to meet with a disinterested party who is
under contract with:
 An appropriate alternative dispute
resolution entity (Early Settlement
Centers of the Alternative Dispute
Resolution System, under the direction
of the Administrative Office of the
Courts), a parent training and
information center (Oklahoma Parent
Training and Information Center), the
Joint Oklahoma Information Network
(JOIN), or a community parent resource
center in the State.
 To encourage the use, and explain the
benefits, of the mediation process to you.
The mediator:
 May not be an employee of the SEA or
the school district that is involved in the
education or care of your child.
 Must not have a personal or professional
interest which conflicts with the
mediator’s objectivity.
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A person who otherwise qualifies as a
mediator is not an employee of a school
district or State agency solely because
he/she is paid by the agency or school
district to serve as a mediator.
Trained, qualified, and impartial mediators
are available, and may be requested from the
Early Settlement Centers of the Alternative
Dispute Resolution System, under the
direction of the Administrative Office of the
Courts. Information and referral may also be
obtained at no cost through the OSDE-SES,
the Oklahoma Areawide Services
Information System (OASIS), the Oklahoma
Parent Training Information Center, or the
Oklahoma Disability Law Center (ODLC).
The OSDE-SES supports resolution of
disputes, involving any matter subject to due
process complaints, through mediation or
other informal means between parents and
school districts concerning the education of
a child with a disability or purported to have
disabilities. The State is responsible for the
costs of the mediation process.
Each meeting in the mediation process must
be scheduled in a timely manner and held in
a location that is convenient for you and the
school district. Mediation is not used to deny
or delay your right to a due process hearing
or to deny any other rights afforded under
these requirements. Also, the mediation
meeting does not alter the required timelines
for due process hearings.
To resolve a dispute through the mediation
process, both you and the school district
must execute a legally binding agreement
that sets forth such resolution, and:
 States that all discussions occurred
during the mediation process will
remain confidential and may not be
used as evidence in any subsequent
due process hearing or civil
proceedings.
 Is signed by both you and a
representative of the school district
who has the authority to bind the
school district.
A written, signed mediation agreement is
enforceable in any State court or competent
jurisdiction or in a district court of the
United States.
Mediation may be requested by you or the
school district but must be attended and
agreed upon by both parties. The parties
involved may or may not have
representatives at the mediation; however,
those persons attending should be in a
position of authority to make decisions.
Either party may refuse to participate in a
conference without prejudice to any
procedural safeguard afforded under any
applicable State or federal law.
FILING LOCAL OR STATE LEVEL
ADMINISTRATIVE COMPLAINTS
A signed written complaint regarding
alleged violations of the IDEA Part B may
be filed with the local school district
administrator or the SEA. The complaint
may address your specific child and/or
policy or practice of the school district that
you allege is in violation of the IDEA.
If the complaint is filed with the local school
district, the complainant may request that
the State review the findings.
A written complaint must include:
 A statement that the school district
has violated a requirement under the
IDEA Part B.
 Facts on which the statement is
based.
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 The signature and contact
information of the complainant.
If alleging violations regarding a specific
child:
 The name of the child and the
address of the residence of the child.
 The name of the school in which the
child attends.
 In the case of a homeless child or
youth, available contact information
for the child and the name of the
school in which the child attends.
 A description of how the school
district has violated the requirements
under the IDEA related to the
allegation including the facts related
to the problem.
 The proposed resolution of the
problem to the extent known and
available to the party following the
complaint at the time the complaint
is filed.
The complaint must allege the violation
occurred not more than one year prior to the
date the complaint is filed.
If you file an administrative complaint and a
due process hearing complaint on the same
issue, the investigation of the administrative
complaint will be held in abeyance. The
hearing officer assigned to hear your due
process hearing complaint will conduct an
impartial hearing.
Relevant information may be submitted
orally and in writing regarding the alleged
issue for consideration in determining if
there is a violation of the IDEA Part B.
A form for this purpose is available from the
OSDE-SES to assist you in filing a formal
written complaint.
A written letter of findings will be issued by
the OSDE-SES within 60 calendar days after
receipt of a formal written complaint, unless
exceptional circumstances exist which
require lengthier involvement.
Mediation is also encouraged as an option to
facilitate early resolution of complaint
issues. Information to assist in requesting
mediation or filing a complaint may be
obtained by contacting the special education
director or administrator of your school
district or the OSDE-SES.
FILING A DUE PROCESS HEARING
COMPLAINT
You or the school district may file a due
process complaint on any matter relating to
a proposal or refusal to initiate or change the
identification, evaluation, or educational
placement of your child, or the provision of
a FAPE.
The due process complaint must allege a
violation that happened not more than two
years before you or the school district knew
or should have known about the alleged
action that forms the basis of the due process
complaint.
The above timeline does not apply to you if
you could not file a due process complaint
due to:
 The school district specifically
misrepresented that it has resolved
the issue forming the basis of the
complaint.
 The school district withheld
information from you that was
required to be provided to you under
Part B of the IDEA.
13
The school district must inform you of any
free or low-cost legal or other relevant
services available in your area if you request
the information, or if you or the school
district file a due process complaint.
DUE PROCESS COMPLAINT
To request a hearing, you or the school
district (or your attorney or the school
district’s attorney) must submit a due
process complaint to the other party. That
complaint must contain all of the content
listed below and must be kept confidential.
You or the school district, whichever filed
the complaint, must also provide the SEA
with a copy of the complaint.
The due process complaint must be in
writing, signed, and include:
 The name of your child.
 Your child’s date of birth.
 The address of your child’s
residence.
 The name of the school your child is
attending.
 If your child is a homeless child or
youth, your child’s contact
information and the name of the
school your child is attending.
 The current grade or current
placement of your child.
 Your child’s established or purported
disability.
 A description of the nature of the
problem of your child relating to the
proposed or refused action, including
facts relating to the problem.
 A proposed resolution of the
problem to the extent known and
available to you or the school district
at the time.
 The reason for challenging the
identification, evaluation, educational placement of your child, or the
provision of a FAPE to your child.
A party may not have a due process hearing
until the party, or the attorney representing
the party, files a notice that meets the
requirements.
A form for this purpose is available from the
OSDE-SES to assist you in filing a due
process complaint.
A copy of this request must be mailed by
you, or the attorney representing you on
behalf of your child, to the school district,
and to the OSDE-SES, Attention: Due
Process Hearing Requests, 2500 North
Lincoln Boulevard, Room 412, Oklahoma
City, Oklahoma 73105-4599.
An impartial due process hearing office will
be appointed to the case. You or your
attorney will be notified of the appointment.
The due process complaint will be
considered sufficient unless the party
receiving the due process complaint notifies
the hearing officer and the other party, in
writing, within 15 calendar days of receiving
their complaint, that the complaint does not
meet the requirements listed above. Within
five calendar days of receiving the
notification that the receiving party
considers a due process complaint
insufficient, the hearing officer must make a
determination if the due process complaint
meets the requirements listed above, and
must immediately notify the parties in
writing of such determination.
14
If the hearing officer determines that your
due process hearing complaint is
insufficient, you have the right to submit an
amended complaint addressing the reason
why it did not meet the criteria of a
sufficient complaint.
You or the school district may make
changes to the due process complaint only
if:
 The other party approves of the
changes in writing and is given the
opportunity to resolve the due
process complaint through resolution
meeting.
 By no later than five days before the
due process hearing begins, the
hearing officer grants permission for
the changes. If the complaining party
makes changes to the due process
complaint, the timeline for the
resolution meeting, and the time
period for the resolution start again
on the date in which the amended
complaint is filed.
Nothing in this section may be construed to
preclude you from filing a separate request
for a due process complaint on an issue
separate from the complaint already filed.
If the school district has not sent a prior
written notice to you regarding the subject
matter contained in your due process
complaint, the school district must, within
ten calendar days of receiving the due
process complaint, send to you a response
that must include:
 An explanation of why the school
district proposed or refused to take
the action raised in the due process
complaint.
 A description of other options that
your child’s IEP team considered
and the reasons why those options
were rejected.
 A description of each evaluation
procedure, assessment, record or
report the school district used as the
basis for the proposed or refused
actions.
 A description of the other factors that
are relevant to the school district’s
proposed or refused actions.
Except as stated above, the party receiving a
due process complaint must, within ten
calendar days of receiving the due process
complaint, send to the other party a response
that specifically addresses the issues raised
in the complaint.
RESOLUTION SESSIONS
Within 15 calendar days of receiving notice
of your due process hearing complaint, and
before the due process hearing begins, the
school district must convene a meeting with
you and the relevant member(s) of the IEP
team who have specific knowledge of the
facts identified in your due process
complaint.
The meeting:
 Must include a representative of the
school district who has decisionmaking authority on behalf of the
school district.
 May not include an attorney of the
school district, unless you are
accompanied by an attorney.
The purpose of the meeting is for you to
discuss your due process complaint, and the
facts that form the basis of the complaint.
The school district is provided the
opportunity to resolve the complaint, unless
you and the school district both agree in
writing to waive the resolution meeting, or
agree to use the mediation process. Unless
both you and the school district waive the
15
resolution meeting or agree to go to
mediation, your failure to participate in the
resolution meeting will delay the timelines
for the resolution process and the due
process hearing until the resolution meeting
is held.
If the school district has not resolved the
complaint to your satisfaction within 30
calendar days of the receipt of the due
process complaint, the due process hearing
may occur.
The 45 calendar day timeline for issuing a
final decision begins at the expiration of the
30 calendar day resolution period, unless
you and the school district have both agreed
to waive the resolution process or to use
mediation. In this case, the 45 calendar day
timeline begins the next day.
If, after making reasonable efforts and
documenting such efforts, the school district
is not able to obtain your participation in the
resolution meeting, the school district may,
at the end of the 30 calendar day resolution
period, request that a hearing officer dismiss
your due process complaint.
If the school district fails to hold a mediation
session within 15 days after receiving your
due process hearing complaint or fails to
participate in the resolution meeting, you
may ask the hearing office to begin the due
process hearing timeline.
If a resolution to the dispute is reached at the
resolution meeting, you and the school
district must execute a legally binding
agreement that is:
 Signed by you and a representative
of the school district who has the
authority to bind the school district.
 Enforceable in any State court of
competent jurisdiction or in a district
court of the United States.
If you and the school district enter into an
agreement as a result of a resolution
meeting, either party may void the
agreement within three business days of the
time that both you and the school district
signed the agreement.
IMPARTIAL DUE PROCESS HEARING
At a minimum, a hearing officer must:
 Not be an employee of the SEA or
the school district involved in the
education or care of your child;
however, a person is not an
employee of the agency solely
because he/she is paid by the agency
to serve as a hearing officer.
 Not have personal or professional
interest that conflicts with the
hearing officer’s objectivity in the
hearing.
 Be knowledgeable of, and
understand, the provisions of the
IDEA, federal, and State regulations
pertaining to the IDEA, and legal
interpretations of the IDEA by
federal and State courts.
 Have the knowledge and ability to
conduct hearings, in accordance with
appropriate standard legal practice.
 Have the knowledge and ability to
render and write decisions in
accordance with appropriate,
standard legal practice.
The party that requests the due process
hearing may not raise issues at the due
process hearing that were not addressed in
the due process complaint, unless the other
party agrees.
The SEA maintains a list of qualified
hearing officers. When a due process
hearing is assigned, the SEA must provide
the name of the hearing officer assigned and
their qualifications to all parties involved.
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DUE PROCESS HEARING RIGHTS
Any party to a hearing or an appeal must be
accorded the right to:
 Be accompanied and advised by a
lawyer or person with special
knowledge or training regarding the
problems of children with
disabilities.
 Present evidence and confront,
crossexamine, and require the
attendance of witnesses.
 Prohibit the introduction of any
evidence at the hearing that has not
been disclosed to the other party at
least five business days prior to the
hearing.
 Obtain a written, or, at your option,
electronic, word-for-word record of
the hearing.
 Obtain a written, or, at your option,
electronic findings of the facts and
decisions, which shall be made
available to the public and
transmitted to the State advisory
panel.
A hearing officer may prevent any party that
fails to disclose relevant evaluations or
recommendations to the other party at least
five business days before the hearing.
You must be given the right to have your
child present, and the right to open the
hearing to the public.
HEARING DECISIONS
A hearing officer’s decision on whether your
child received a FAPE must be based on
substantive grounds.
In matters alleging a procedural violation, a
hearing officer may find that your child did
not receive a FAPE, only if the procedural
inadequacies:
 Impeded your child’s right to a
FAPE.
 Significantly impeded your
opportunity to participate in the
decision-making process regarding
the provision of a FAPE to your
child.
 Caused a deprivation of an
educational benefit.
Nothing in the procedural safeguards section
of the federal regulations under Part B of the
IDEA can be interpreted to prevent you
from filing a separate request for a due
process hearing on an issue separate from a
request already filed.
The SEA, after deleting any personally
identifiable information, must:
 Provide the findings and decisions in
the due process hearing or appeal to
the State special education advisory
panel.
 Make those findings and decisions
available to the public.
FINALITY OF DECISION, APPEAL,
IMPARTIAL REVIEW
A decision made in a due process hearing is
final, except that any party involved in the
hearing may appeal the decision within 30
calendar days.
If a party is aggrieved by the findings and
decision in the hearing, an appeal may be
brought to the SEA.
If there is an appeal, the SEA appoints a
state reviewing officer who conducts an
impartial review of the findings and
decisions appealed. The official conducting
the review must:
 Examine the entire hearing record.
17
 Ensure that the procedures at the
hearing were consistent with the
requirements of due process.
 Seek additional evidence if
necessary. If a hearing is held to
receive additional evidence, the
hearing rights described above apply.
 Give the parties an opportunity for
oral or written argument, or both, at
the discretion of the reviewing
official.
 Make an independent decision on
completion of the review.
 Give you and the school district a
copy of written, or at your option,
electronic, findings of fact and
decisions.
The SEA, after deleting any personally
identifiable information, must transmit the
findings and decisions to the State special
education advisory panel, and make the
findings and decisions available to the
public.
The decision made by the reviewing official
is final, unless a party brings a civil action
under the procedures described below.
TIMELINES AND CONVENIENCE OF
HEARINGS AND REVIEWS
The SEA must ensure that no later than 45
calendar days after the expiration of the 30
calendar day period for resolution meetings,
or, no later than 45 calendar days after the
expiration of the adjusted time period:
 A final decision is reached in a
hearing.
 A copy of the decision is mailed to
you and the school district.
If there is an appeal, the SEA must ensure
that no later than 30 calendar days after the
receipt of a request for a review:
 A final decision is reached in the
review.
 A copy of the decision is mailed to
you and the school district.
A hearing officer may grant specific
extensions of time beyond the 45 day
calendar time period, if you or the school
district requests a specific extension of the
timeline.
Each hearing must be conducted at a time
and place that is reasonably convenient to
you and your child.
Except in the case of a change in placement
initiated by school personnel due to your
child carrying or possession of a weapon,
possession or use of illegal drugs, or the sale
or soliciting the sale of a controlled
substance, or inflicting serious bodily injury
upon another person, (or a change in
placement ordered by a hearing officer due
to a determination that maintaining the
current placement is substantially likely to
result in injury to the child or others), if you
request a hearing to challenge the
manifestation determination review, your
child must remain in the interim alternative
educational setting pending the decision of
the hearing officer, or until the expiration of
the time period of the change of placement,
whichever occurs first, unless the State or
school district and you agree otherwise.
RIGHT TO BRING A CIVIL ACTION
Any party who does not agree with the
findings and decisions in the State level
review has the right to bring a civil action
with respect to the matter that was the
subject of the due process complaint
hearing. The action may be brought in any
State court of competent jurisdiction or in a
district court of the United States, without
regard to the amount in dispute.
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The party bringing the civil action must
have 90 calendar days from the date of the
decision of the hearing officer to bring such
an action.
In any civil action, the court:
 Receives the records of the
administrative proceedings.
 Hears additional evidence at the
request of a party.
 Bases its decision on the
preponderance of the evidence, and
grants the relief that the court
determines to be appropriate.
ATTORNEYS' FEES
In any action or proceeding brought under
Part B of the IDEA, the court, in its
discretion, may award reasonable attorneys'
fees as part of the cost:
 To a prevailing party who is the
parent of a child with a disability.
 To a prevailing party who is a school
district against the attorney of a
parent who files a request for a due
process hearing or subsequent cause
of action that is frivolous,
unreasonable or without foundation,
or against the attorney of a parent
who continued to litigate after the
litigation clearly became frivolous,
unreasonable or without foundation.
 To a prevailing school district
against the attorney of a parent, or
against the parent, if the parent’s
complaint or subsequent cause of
action was presented for any
improper purpose, such as to harass,
to cause unnecessary delay, or to
needlessly increase the cost of the
action or proceeding.
A court awards reasonable attorneys’ fees
based on rates prevailing in the community
in which the action or hearing arose for the
kind and quality of services furnished. No
bonus or multiplier may be used in
calculating fees awarded.
Funds under the IDEA Part B may not be
used to pay attorney's fees or costs of a party
related to an action or proceeding.
Attorneys' fees may not be awarded and
related costs may not be reimbursed in any
action or proceeding for services performed
subsequent to the time of a written offer of
settlement to you, if:
 The offer is made within the time
prescribed by Rule 68 of the Federal
Rules of Civil Procedure; or, in the
case of an administrative proceeding,
at any time more than ten calendar
days before the proceeding begins.
 The offer is not accepted within ten
calendar days.
 The court or administrative hearing
officer finds that the relief finally
obtained by you is not more
favorable to you than the offer of
settlement.
Attorneys' fees may not be awarded relating
to any meeting of the IEP team unless such
meeting is convened as a result of an
administrative proceeding or court action,
or, at the discretion of the State, for
mediation.
DISCIPLINE
AUTHORITY OF SCHOOL PERSONNEL
School personnel may consider any unique
circumstances on a case-by-case basis, when
determining whether to order a change in
placement for a child with a disability who
violates a code of student conduct.
School personnel may remove a child with a
disability who violates a code of student
19
conduct from their current placement to an
appropriate interim alternative educational
setting, another setting, or suspension, for
not more than ten consecutive school days
(to the extent such alternatives are applied to
children without disabilities).
If school personnel seek to order a change in
placement that would exceed ten school
days, and the behavior that gave rise to the
violation of the school code is determined
not to be a manifestation of your child’s
disability, school personnel may apply the
disciplinary procedures to your child in the
same manner and for the same duration in
which the procedures would be applied to
children without disabilities, except the
school must provide services to your child.
Your child’s IEP team determines the
interim alternative educational setting for
such services.
These services that must be provided to your
child if removed from his or her current
placement may be provided in an interim
alternative educational setting.
SERVICES
Your child, if removed from his or her
current placement for more than ten school
days in the same school year must:
 Continue to receive educational
services, so as to enable him or her
to participate in the general
education curriculum, although in
another setting, and to progress
toward meeting the goals identified
in his or her IEP; and receive, as
appropriate, an Functional Behavior
Assessment (FBA), behavioral
intervention services, and
modifications that are designed to
address the behavior violation so that
it does not happen again.
MANIFESTATION DETERMINATIONS
Must occur within ten school days of any
decision to change the placement of your
child because of a violation of a code of
student conduct that results in ten or more
consecutive school days, or more than ten
cumulative schools days of suspension in the
same school year that school officials have
determined is a pattern of behavior.
A pattern of behavior may be determined
because of the length of each removal, the
total time that the student has been removed,
the proximity of the removals to one another
and whether or the behavior is substantially
similar to the student’s behavior in previous
incidents that resulted in disciplinary
removals.
The school district, you, and other relevant
members of the IEP team (as determined by
you and the school district) must review all
relevant information in your child’s file,
including his or her IEP, any teacher
observations, and any relevant information
you have provided to determine if:
 The conduct in question was caused
by, or was a direct and substantial
relationship to, his or her disability.
 The conduct in question was the
direct result of the school district’s
failure to implement his or her IEP.
If the school district, you, and other relevant
members of the IEP team determine that
either is applicable for your child, the
conduct must be determined to be a
manifestation of your child’s disability.
DETERMINATION THAT BEHAVIOR
WAS A MANIFESTATION
If the school district, you, and other relevant
members of the IEP team determine that the
20
conduct was a manifestation of your child’s
disability, the IEP team must either:
 Conduct an FBA and implement a
behavior intervention plan (BIP) for
your child, unless the school district
had conducted such assessment prior
to such determination and the
behavior that resulted in a change in
placement.
 If a BIP already has been developed,
the IEP team must meet to review
the plan, and modify it, as necessary,
to address the behavior.
Unless determined to be a special
circumstance, the school district must
return your child to the placement from
which your child was removed, unless you
and the school district agree to a change of
placement as part of the modification of the
BIP.
DETERMINATION THAT BEHAVIOR
WAS NOT A MANIFESTATION OF THE
DISABILITY
If the result of the review is a determination
that the behavior of your child was not a
manifestation of your child's disability, the
relevant disciplinary procedures applicable
to children without disabilities may be
applied to your child in the same manner in
which they would be applied to children
without disabilities, except that a FAPE
must be provided to your child during the
term of suspension.
You have the right to request mediation or
an expedited due process hearing if you
disagree with the manifestation
determination.
DISCIPLINARY RECORDS
If the school district initiates disciplinary
procedures applicable to all children, the
school district must ensure that the special
education and disciplinary records of your
child are transmitted for consideration by the
person(s) making the final determination
about the disciplinary action.
INTERIM ALTERNATIVE
EDUCATIONAL SETTINGS
Regardless of whether or not the behavior
was a manifestation of your child’s
disability, school personnel may remove a
student to an interim alternative educational
setting for up to 45 school days if your
child:
 Carries or possesses a weapon to
school or has a weapon at school, on
school premises, or at a school
function under the jurisdiction of an
SEA or a school district.
 Knowingly has or uses illegal drugs,
or sells or solicits the sale of a
controlled substance, while at school,
on school premises, or at a school
function under the jurisdiction of a
SEA or school district.
 Has inflicted serious bodily injury
upon another person while at school,
on school premises, or at a school
function under the jurisdiction of an
SEA or a school district.
“Serious Bodily Injury” is defined to mean a
bodily injury that involves a substantial risk
of death; extreme physical pain; protracted
and obvious disfigurement, or protracted
loss or impairment of the function of a
bodily member, organ or faculty.
The IEP Team will determine the
appropriate services for your child in an
Interim Alternative Educational Settings
(IAES).
The school has the option of continuing the
IAES into the next school year if there are
21
less than 45 school days remaining in the
school year in which the incident takes
place.
Not later than the date on which the decision
to take disciplinary action is made, the
school district must notify you of that
decision, and provide you with a procedural
safeguards notice.
CHANGE OF PLACEMENT DUE TO
DISCIPLINARY REMOVALS
The removal of your child from his or her
current educational placement is a change of
placement if:
 The removal is more than 10
consecutive days.
 Your child has been subjected to a
series of removals that constitute a
pattern of removal because:
o The series of removals
totaled more than ten school
days in a school year.
o Your child’s behavior is
substantially similar to your
child’s behavior in previous
incidents that resulted in the
series of removals.
o Of such additional factors as
the length of each removal,
the total amount of time your
child has been removed, and
the proximity of the removals
to one another.
o Whether a pattern of
removals constitutes a change
of placements is determined
on a case-by-case basis by
the school district, and, if
challenged, is subject to
review by judicial
proceedings.
APPEALS
You may file a due process complaint to
request a due process hearing if you disagree
with:
 Any decision regarding placement
made under the discipline provision.
 The manifestation determination.
The school district may file a due
process complaint to request a due
process hearing if it believes that
maintaining the current placement of
your child is substantially likely to
result in injury to your child or to
others.
AUTHORITY OF HEARING OFFICER
A hearing officer must conduct the due
process hearing and make a decision. The
hearing officer may:
 Return your child to the placement
from which your child was removed
if the hearing officer determines that
the removal was a violation of the
requirements described under the
heading Authority of School
Personnel, or that your child’s
behavior was a manifestation of your
child’s disability.
 Order a change in the placement of
your child to an appropriate interim
alternative educational setting for not
more than 45 school days if the
hearing officer determines that
maintaining the current placement of
your child is substantially likely to
result in injury to your child or to
others.
These hearing procedures may be repeated,
if the school district believes that returning
your child to the original placement is
substantially likely to result in injury to your
child or to others.
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The SEA or school district must arrange for
an expedited hearing when you request one.
Whenever you or the school district file a
due process complaint to request such a
hearing, a hearing must be held that meets
the requirements described under the
headings Due Process Complaint
Procedures, Hearings on Due Process
Complaints, and Appeal of Decisions;
Impartial Review, except as follows:
 The SEA or school district must
arrange for an expedited due process
hearing, which must occur within 20
school days of the date the hearing is
requested and must result in a
determination within ten school days
after the hearing.
 Unless you and the school district
agree in writing to waive the
meeting, or agree to use mediation, a
resolution meeting must occur within
seven calendar days or upon
receiving notice of the due process
complaint.
 The hearing may proceed, unless the
matter has been resolved to the
satisfaction of both parties within 15
calendar days of receipt of the due
process complaint.
A State may establish different procedural
rules for expedited due process hearings
than it has established for other due process
hearings. Except for the timelines, those
rules must be consistent with the rules in this
document regarding due process hearings.
A party may appeal the decision in an
expedited due process hearing in the same
way as they may for decisions in other due
process hearings.
PLACEMENT DURING APPEALS
When you or the school district has filed a
due process complaint related to disciplinary
matters, your child must (unless you and the
SEA or school district agree otherwise)
remain in the interim alternative educational
setting pending the decision of the hearing
officer or until the expiration of the time
period of removal provided for and
described under the heading Authority of
School Personnel, whichever comes first.
PROTECTIONS FOR CHILDREN NOT
YET ELIGIBLE FOR SPECIAL
EDUCATION AND RELATED
SERVICES
If a child who has been determined to be
eligible for special education and related
services under IDEA Part B, violates a code
of student conduct, but the school district
had knowledge before the behavior that
brought about the disciplinary action that
your child was a child with a disability, then
your child may assert any of the procedural
safeguards described in this notice.
Basis of knowledge for disciplinary mattersA school district must be deemed to have
knowledge that a child is a child with a
disability if, before the behavior that brought
about the disciplinary action occurred:
 You expressed concern in writing
that your child is in need of special
education and related services to
supervisory or administrative
personnel of the appropriate
education agency, or a teacher of
your child.
 You requested an evaluation related
to eligibility for special education
and related services under Part B of
the IDEA.
 Your child’s teacher, or other school
district personnel, expressed specific
concerns about a pattern of behavior
demonstrated by your child, directly
to the school district’s director of
special education or to other
23
supervisory personnel of the school
district.
Exception─
A school district must not be deemed to
have knowledge that your child is a child
with a disability:
 If you have not allowed an
evaluation of your child.
 If you have refused services for your
child.
 Your child has been evaluated and
determined not to be a child with a
disability under the IDEA Part B.
CONDITIONS THAT APPLY IF NO
BASIS OF KNOWLEDGE
If prior to taking disciplinary measures
against your child, a school district does not
have knowledge that a child is a child with a
disability, as described in Basis of
Knowledge for Disciplinary Matters and
Exceptions, your child may be subjected to
the disciplinary measures applied to children
without disabilities who engaged in
comparable behaviors.
However, if a request is made for an
evaluation of your child during the time
period in which your child is subjected to
disciplinary measures, the evaluation must
be conducted in an expedited manner. Until
the evaluation is completed, your child
remains in the educational placement
determined by school authorities, which
include suspension or expulsion without
educational services.
If your child is determined to be a child with
a disability, taking into consideration
information from the evaluation conducted
by the school district and information
provided by you, the school district must
provide special education and related
services in accordance with the provision
under the IDEA Part B, including the
disciplinary requirements described above.
REFERRAL TO AND ACTION BY LAW
ENFORCEMENT AND JUDICIAL
AUTHORITIES
The IDEA Part B does not:
 Prohibit a school district from
reporting a crime committed by a
child with a disability to appropriate
authorities.
 Prevent Oklahoma State law
enforcement and judicial authorities
from exercising their responsibilities
with regard to the application of
federal and Oklahoma State law to
crimes committed by a child with a
disability.
Transmittal of records─
If a school district reports a crime
committed by a child with a disability, the
school district:
 Must ensure that copies of your
child’s special education and
disciplinary records are transmitted
for consideration by the appropriate
authorities to whom the agency
reports the crime.
 May transmit copies of your child’s
special education and disciplinary
records only to the extent permitted
by Family Education Rights and
Privacy Act (FERPA).
REQUIREMENTS FOR UNILATERAL
PLACEMENT BY PARENTS OF
CHILDREN IN PRIVATE SCHOOLS AT
PUBLIC EXPENSE
The IDEA Part B does not require a school
district to pay for the cost of education,
including special education and related
services, of your child with a disability at a
private school or facility if the school
24
district made a FAPE available to your
child, and you chose to place your child in a
private school or facility. However, the
school district where the private school is
located must include your child in the
population whose needs are addressed under
Part B provisions of the IDEA regarding
children who have been placed by their
parents in a private school at 34 CFR §§
300.131 through 300.144.
Reimbursement for private school
placement—
If your child previously received special
education and related services under the
authority of a school district, and you choose
to enroll your child in a private elementary
or secondary school without the consent of
or referral by the school because you
disagree that the IEP being offered your
child, a court or a hearing officer may
require the school district to reimburse you
for the cost of that enrollment. The court or
hearing officer must find that the school
district had not made a FAPE available to
your child in a timely manner prior to that
enrollment, and that the private placement is
appropriate.
A hearing officer or a court may find your
placement to be appropriate, even if the
placement does not meet the State standards
that apply to education provided by the SEA
and the school district.
Limitations on reimbursement—
The cost of reimbursement may be reduced
or denied if:
 At the most recent IEP meeting that
you attended prior to removal of
your child from the public school,
you did not inform the IEP team that
you were rejecting the placement
proposed by the school district to
provide a FAPE to your child,
including stating your concerns and
your intent to enroll your child in a
private school at public expense.
 Ten business days (including any
holidays that occur on a business
day) prior to the removal of your
child from the public school, you did
not give written notice to the school
district of the information described
above.
 Prior to the removal of your child
from the public school, the school
district provided prior written notice
to you, of its intent to evaluate your
child (including a statement of the
purpose of the evaluation that was
appropriate and reasonable), but you
did not make your child available for
such evaluation.
 Upon a court’s finding that your
actions were unreasonable.
However, the cost of reimbursement must
not be reduced or denied for failure to
provide notice if:
 The school district prevented you
from providing the notice.
 You cannot read or write in English.
 You had not received notice of your
responsibility to provide the notice
described above.
 Compliance with the requirements
above would likely result in physical
harm to your child.
25

RESOURCES FOR PARENTS AND
SCHOOLS
Alternative Dispute Resolution Program
(Mediation)
Administrative Office of the Courts
(877) 521-6677 or (405) 522-7876

Joint Oklahoma Information Network
(JOIN)
500 North Broadway, Suite 300
Oklahoma City, Oklahoma 73102
Dial 2-1-1

Legal Aid of Western Oklahoma
(405) 521-1302

Legal Services of Eastern Oklahoma
(918) 584-3211
(918) 428-4357 (Hot Line)
(888) 534-5243 (Hot Line)

Office of Juvenile Affairs (OJA)
Educational Services
(405) 962-6106
Oklahoma ABLE Tech
1514 West Hall of Fame
Stillwater, Oklahoma 74078
(800) 257-1705

Oklahoma Advanced Practice Nurse
Coalition
(918) 660-3937

Oklahoma Areawide Services Information
System (OASIS)
(800) 426-2747

Oklahoma Assistive Technology Center (OATC) at the University of Oklahoma
Health Sciences Center, Department of Rehabilitation Sciences—College of Allied Health
1600 North Phillips
Oklahoma City, Oklahoma 73104
(405) 271-3625; (405) 271-1705 (TDD)
(405) 271-1707 (Fax)
(800) 700-OATC (6282)

Oklahoma Assistive Technology Center
(OATC) at the University of Oklahoma—
Tulsa Department of Rehabilitation
Sciences—College of Allied Health
4502 East 41st Street
Tulsa, Oklahoma 74135
(918) 660-3261 or (918) 660-3279
(918) 660-3297 (Fax)
Oklahoma Association of Clinical Nurse
Specialists
(405) 951-8214
Oklahoma Board of Nursing
(405) 962-1800
Oklahoma Commission of Children and
Youth (OCCY)
(405) 606-4900
Oklahoma Department of Career and
Technology Education
(405) 377-2000
(405) 743-6816 TDD
Oklahoma Department of Corrections
(405) 962-6139
Oklahoma Department of Health
(405) 271-5600
Oklahoma Department of Human Services
(DHS)
(405) 521-2778
Oklahoma Department of Mental Health &
Substance Abuse Services (ODMHSAS)
(405) 522-3908
26
Oklahoma Department of Rehabilitation
Services (DRS)
Office of Disability Concerns
(800) 522-8224 V/TDD
(405) 521-3756 V/TDD
(800) 845-8476
(405) 951-3400 V/TDD
Oklahoma Disability Law Center (ODLC)
(800) 226-5883 V/TDD
Tulsa (918) 743-6220 V/TDD
Oklahoma City (405) 525-7755 V/TDD
Oklahoma Indian Legal Services
(800) 658-1497 or (405) 943-6457
Oklahoma Parent Training and Information
Center
(877) 553-4332
Oklahoma State Department of Education
(OSDE)
Special Education Services
2500 North Lincoln Boulevard, Room 412
Oklahoma City, Oklahoma 73105-4599
(405) 522-3248 or (405) 521-4875 TTY
Project ECCO (Enriching Children’s
Communications Opportunities)
(866) 514-9620
Special Education Resolution Center
(SERC)
4825 South Peoria, Suite 2
Tulsa, Oklahoma 74105
(888) 267-0028
(918) 712-9632