Oklahoma 2019 Special Education Legislation

1. Oklahoma 2019 Special Education Legislation Josh Fearing Oklahoma Division of Career Development and Transition

2. Remember to tag us! #OKSpedSummit #Educate2Legislate

3. If a word is blue… click it! In this Powerpoint, all blue words are hyperlinks that will take you directly to Bills or other sources.

4. Legislation presented and discussed here does, in no way, reflect the policy or politics of DCDT. This presentation is not meant to sway your opinions, but rather to help inform and educate. Bills were selected based on their relevance and potential effects for people with disabilities, their families, and special education professionals. Where possible, direct quotations from Bills are used

5. Oklahoma uses a two-year legislative session. Our current session is the 1st Regular Session of the 57th Oklahoma Legislature

7. Assessment

8. Senate Bill 9Senator JJ Dossett District 34 • Amends existing law • Does two things: • Specifies that one half (.5) credits of U.S. Government be taken in 11th or 12th grade • Removes U.S. History assessment as requirement for graduation

9. Senate Bill 9Senator JJ Dossett District 34 • Removes a test, and therefore a potential barrier to graduation • Does not add additional history or civics requirements • Current Status: Referred to Education (2/5/19)

10. House Bill 1364Representative Toni Hasenbeck District 65Senator Jason Smalley District 28 • New law • Subject to availability of funds • The Oklahoma Department of Commerce, in cooperation with the State Department of Education, shall review and approve career-readiness assessments and assessment-based credentials that measure and document foundational workplace skills

11. House Bill 1364Representative Toni Hasenbeck District 65Senator Jason Smalley District 28 • The assessments shall be available to all public school districts to administer to all students in grade twelve for the first time in the 2019-2020 school year and each subsequent year • The assessment- based credential shall be available to any student who achieves the prescribed level on the required assessments. • If the public school district chooses to administer the assessments, the assessments shall be administered at least once to each student in grade twelve at no cost to the student

12. House Bill 1364Representative Toni Hasenbeck District 65Senator Jason Smalley District 28 • Assessments will • Be a standardized, criterion-referenced measure of broadly relevant foundational workplace skills • Assess and document student readiness for a wide range of jobs • Measure skills in any or all areas • Applied mathematics • Workplace documents • Graphic literacy

13. House Bill 1364Representative Toni Hasenbeck District 65Senator Jason Smalley District 28 • Align with research-based skill requirement profiles for specific industries and occupations • Lead to nationally recognized work-readiness certificates or credentials for students who meet the minimum proficiency requirements on the component assessments Pass as amended by Business and Commerce Committee (2/21/19)

14. Behavior and Saftey

15. House Bill 1989Representative Jadine Nolan District 66 • In lieu of out-of-school suspension, a school destrict shall consider using restorative practices. • May include • Requiring the student to apologize, participate in community service or pay restitution • Requiring the student to participate in in-service activities • Requiring the student to be assessed by a licensed mental health professional and receive counseling or treatment

16. House Bill 1989Representative Jadine Nolan District 66 • Schools will make efforts to provide trauma informed professional development and educate on the effects and consequences of out-of-school suspension and justice system involvement • School district shall create a threat assessment team to assess determination of threat • Passed Common Education (2/19/19)

17. Senate Bill 181Senator Ron Sharp District 17 • Amends existing law • No student enrolled in a school shall assault, attempt to cause physical bodily injury, or act in a manner that could reasonably cause bodily injury to an education employee or a person who is volunteering for the school • Any student in grades kindergarten through five who commits such an act shall be subject to alternative disciplinary actions as provided for in this subsection.

18. Senate Bill 181Senator Ron Sharp District 17 • A school district shall adopt alternative disciplinary actions to be offered to parents or legal guardians of students • Reverse Suspension – requires parent or guardian shadow student at school • In-service activities • Require professional counseling • All students who commit violence must see the school counselor • The current wording does not specifically discuss students with disabilities • Referred to Education (2/5/19)

19. Senate Bill 72Senator Allison Ikley-Freeman District 37 • New Law • Requires State Board of Education to promulgate rules regarding the use of restraint and seclusion in schools • “Every effort shall be made to prevent the need for the use of restraint or seclusion” • Prohibits manual restraints

20. Senate Bill 72Senator Allison Ikley-Freeman District 37 • Schools shall be discouraged from using physical restraint or seclusion except in a situation where the child's behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective. • Physical restraint and seclusion shall be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated;

21. Senate Bill 72Senator Allison Ikley-Freeman District 37 • Does not define terms • Very broad rules • Referred to Education (2/5/19)

22. Training and Education

23. Senate Bill 154Senator Frank Simpson District 14 • New Law • Creates the Language Equality and Acquisition for Deaf Kids (LEAD-K) Task Force • To develop a resource for parents to monitor and track deaf or hard of hearing children's expressive and receptive language acquisition using American Sign Language, English or both, and • developmental stages toward English literacy

24. Senate Bill 154Senator Frank Simpson District 14 • and developing a framework for assessing children who are deaf or hard of hearing • ensuring they have the opportunity to achieve kindergarten readiness in an equitable manner. • Will submit report of findings to Governor by December 31, 2020 • Passed as amended by Appropriations (2/13/19)

25. Senate Bill 168Senator Frank Simpson District 14 • New Law • Creates "Blind Persons Literacy Rights and Education Act" • In developing an individualized education program (IEP) for a student with a visual impairment, a provision shall be made for instruction in Braille and the use of Braille

26. Senate Bill 168Senator Frank Simpson District 14 • Requires instruction in Braille or the use of Braille, unless such instruction or use is not appropriate for the student. • “Nothing in this subsection shall require the exclusive use of Braille if other special education services are appropriate to the student's educational needs.” • The provision of other appropriate services shall not preclude Braille use or instruction.

27. Senate Bill 168Senator Frank Simpson District 14 • If Braille is included in IEP, IEP must state: • Results from evaluations • How Braille will be implemented as primary learning mode • Date when Braille will start • Length of period of instruction, frequency and duration • Level of Braille competency to be achieved by end date

28. Senate Bill 168Senator Frank Simpson District 14 • any teacher who is certified to teach students with a visual impairment, shall be required to demonstrate competency in reading and writing Braille. • The State Board of Education may not issue or renew a certificate to teach students who have a visual impairment unless the teacher candidate demonstrates that he or she is proficient in reading and writing Braille based upon standards adopted by the National Library Service for the Blind and Physically Handicapped. • Referred to Education (2/5/19)

29. Senate Bill 601Senator Gary Stanislawski District 35Representative Jadine Nolan District 66 • Amends Reading Sufficiency Act • modifying language directing school districts to ensure students receive an education focused on reading and mathematics • Changes language from “Kindergarten through third grade” to • all students receive a well-rounded education that is focused on building deep foundations in reading and mathematics

30. Senate Bill 601Senator Gary Stanislawski District 35Representative Jadine Nolan District 66 • Each student enrolled in kindergarten in a public school in this state shall be screened at the beginning, middle and end of each school yearfor reading skills including, but not limited to, phonemic awareness, letter recognition, and oral language skills as identified in the subject matter standards adopted by the State Board of Education. • Amends qualifications and consequences of not meeting standards • Passed Education, referred to Appropriations (2/19/19)

31. House Bill 1228Representative Mike Sanders District 59Senator Jason Smalley District 28 • Amends existing law • requires annual training program for dyslexia awareness • One time per year, beginning in the 2020-2021 school year, a  dyslexia awareness program shall be offered. At a minimum, the program shall include:

32. House Bill 1228Representative Mike Sanders District 59Senator Jason Smalley District 28 • Training in awareness of dyslexia characteristics in students • Training in effective classroom instruction to meet the needs of students with dyslexia • Available dyslexia resources for teachers, students and parents • Passed House: First reading in Senate (2/25/19)

33. House Bill 1228Representative Mike Sanders District 59Senator Jason Smalley District 28 • Training in awareness of dyslexia characteristics in students • Training in effective classroom instruction to meet the needs of students with dyslexia • Available dyslexia resources for teachers, students and parents • Passed House: First reading in Senate (2/25/19)

34. Other Bills

35. Senate Bill 901Senator Greg Treat District 47 • Lindsey Nicole Henry Scholarship • “providing certain exemption for students who are classified as homeless and enroll in certain school”

36. Senate Bill 901Senator Greg Treat District 47 • What is the Lindsey Nicole Henry Scholarship? • The Lindsey Nicole Henry Scholarships for Students with Disabilities Program is established to provide a scholarship to a private school of choice for students with disabilities for whom an IEP is in effect. • Began in 2010 - 2011

37. Senate Bill 901Senator Greg Treat District 47 • Amends the law by making certain students eligible • “a student who is classified as homeless, meaning that they lack a fixed, regular and adequate nighttime residence, and is enrolling in a school specifically designated for homeless students” • Awards certain amount of funds if the school does not charge tuition • Passed Education, referred to Appropriations (2/19/19)

38. House Bill 1011Representative Jacob Rosecrants District 47 • Amends existing law relating to Strategic Planning Committee on the Olmstead Decision • Creating the Commission on Independence and Ability

39. Olmstead Decision • Two women with mental illness and developmental disabilities were voluntarily admitted to a Georgia psychiatric hospital. • Following treatment, mental health professionals stated the women were ready to move to a community based program

40. Olmstead Decision • Both women remained in the hospital for several years, and filed suit under ADA for release from the hospital

41. Olmstead Decision On June 22, 1999, the United States Supreme Court held in Olmstead v. L.C. that “unjustified segregation of persons with disabilities constitutes discrimination in violation of title II of the Americans with Disabilities Act.”

42. Olmstead Decision • The court ruled that public entities must provide community-based services to persons with disabilities when • Services provided are appropriate • The concerned individual does not oppose community based treatment • Community-based services can be reasonably accommodated

43. House Bill 1011Representative Jacob Rosecrants District 47 • The purpose of the commission is to • Monitor and provide oversight of the Department of Human Services Aging Services Division and ADvantage Administration Unit (AAU) to ensure that people with disabilities are receiving services in the most integrated setting, consistent with the Olmstead Decision • Evaluate and expand service options for the Consumer-Personal Assistance Services and Supports (CD-PASS) program.

44. House Bill 1011Representative Jacob Rosecrants District 47 • Modifies appointees to Commission • Strikes “Developmental Disabilities” from the language • Pass as amended by Children, Youth, and Family Services (2/14/19)

45. House Bill 1012Representative Jacob Rosecrants District 47 • New Law • Requires each private school receiving state funds to publish special education annual report • Information includes: • Services provided to children with disabilities, including services available to children with mild, moderate, severe or profound needs and a description of any related services available including speech therapy, occupational therapy and physical therapy. • If the school does not offer any services to children with disabilities, it shall be required to disclose such information

46. House Bill 1012Representative Jacob Rosecrants District 47 • Services provided by a public school district if the school contracts with a public school district to provide services to children with disabilities • The total number of certified special education teachers and total number of paraeducators employed at the school • The total number of children with disabilities at the school • Passed Common Education (2/5/19)

47. House Bill 1034Representative Collin Walke District 87 • Amends existing law • Raises age of eligibility for services for children with autism • This bill will require coverage for individuals less than eighteen years of age with autism • Current age is nine • Passed Insurance Committee (2/13/19)

48. Senate Bill 43Senator JJ Dossett District 34 • New Law • Beginning with the 2019 – 2020 school year, school support personnel will receive a pay increase • $5,000 pay increase over three years • Districts cannot decrease current pay, or reduce hours to compensate • Referred to Education, then to Appropriations (2/5/19)

49. Join us at the Capitol tomorrow! Meet at the 1st floor Rotunda at 9:00am!

50. Remember to tag us! #OKSpedSummit #Educate2Legislate