Big news for Oklahoma parents who have students with disabilities! On July 1, 2025, a new law, House Bill 1393, will go into effect, giving parents greater authority and transparency when schools propose placing their child on the Oklahoma Alternate Assessment Program (OAAP).
This law ensures that parents are fully informed and must formally consent before their child can be assessed using alternate achievement standards instead of the state standards. Regardless of which standards a student is assessed by, they should be exposed to, and progressing in the general education curriculum. Let's break down what this means and how to navigate the new form.
What Is The OAAP and Who Qualifies?
The Oklahoma Alternate Assessment Program (OAAP) is for students with the most significant cognitive disabilities, whose needs cannot be met even with accommodations and modifications on the standard district and state assessments. To be eligible, a student must meet all of the following:
- Have significant intellectual and adaptive behavior deficits;
- Require alternate academic standards in all subjects;
- Need lifelong family/community support;
- Require extensive instruction across settings;
- NOT be placed based on absences, behavior, or administrative convenience.
This is a high threshold - only about 1% of students nationwide qualify. This determination must be made on an annual basis.
What Is HB 1393?
HB 1393 requires school districts to:
- Use a standardized parental consent form developed by the Oklahoma State Department of Education when considering OAAP participation, which clearly documents parental consent or refusal with a signature option
- Explain the implications of choosing alternate assessments - academically, legally, and for the student's future opportunities
- Hold an IEP team meeting if any changes are proposed to your child's participation in alternate assessments
- Provide notice at least five school days in advance of that meeting (unless the parent agrees otherwise)
Importantly, the law prohibits schools from placing a student on OAAP, which uses different academic assessment standards and may affect diploma options, without parental consent. If you do not consent, your child will stay on grade-level standards with accommodations and modifications, and while schools may request a due process hearing to override your decision, they must prove it's necessary - a step expected to be rare.
The New Consent Form: What Parents Need to Know
The new OAAP Parent Consent Form includes:
- A checklist verifying eligibility;
- A clear explanation of what consent or refusal means;
- Two boxes to choose:
- "Does Consent" - allows OAAP participation
- "Does Not Consent" - means your chlid stays on general education standards and takes the OSTP (Oklahoma School Testing Program) with appropriate supports.
Refusing consent means your child will not be assessed by alternate standards. They will remain in the general education curriculum with accommodations and modifications based on their IEP. Note that being on OAAP should NOT mean that your child is taught to alternate standards.
CAUTION: OAAP participation may impact future educational and vocational outcomes. For example, it can affect a student's eligibility for a standard high school diploma or access to post-secondary options.
How OPSA Can Help
We know this process can feel overwhelming. At OPSA, we believe in empowering parents with knowledge and advocacy. OPSA has assisted many families whose students were placed on OAAP without their consent. Before HB 1393 was passed, Oklahoma parents had very little ability to object if a school district made the unilateral decision to place a student on OAAP. Parents' only course of action was to utilize dispute resolution options, which includes facilitation, mediation, or filing for due process. OPSA supports parents as the experts on their children and we made a constituent request for HB1393. Thanks to parents like you along with OPSA, we were able to change Oklahoma education law and require schools to be accountable to the parents of their students. Thank you for helping us make a generational change in Oklahoma education for students like yours.
- Need help understanding the OAAP criteria?
- Unsure if your child qualifies - or if OAAP is in their best interest?
- Have concerns about how your district is (or will) handling this decision?
We're here for you. Please remember that YOU are your child’s most important advocate! The OPSA Parent Services team is here to help you every step of the way. If you would like more individualized assistance, please reach out to our team at parents@okpsaedu.org.
HB 1393 is a win for parental rights and student empowerment. With this law, your voice is not just important - it's required. Make sure you review the OAAP consent form carefully. Ask questions. Request an IEP meeting. And remember: you are the expert on your child.
Disclaimer
The materials available on this website are for informational purposes only and not to provide legal advice. You should contact your attorney to obtain legal advice concerning any particular issue or problem. Click the following link to access the Oklahoma Special Education Policies & Procedures handbook.
