Requesting IEP in Oklahoma for PTSD

· 29 min read

LLM-Assisted Research: This content has been created with the assistance of Claude and other AI language models. While I've reviewed and curated this material, significant portions were generated through AI-assisted research and analysis. This is clearly disclosed to distinguish it from my original writing.

Guide to Requesting an IEP Evaluation based on PTSD in Oklahoma

Sadly, with many foster children in the system, there are high levels of PTSD that contribute to a struggle and decline in their education. Below is a bunch of resources, checklist and tools Parents and Foster Parents can utilize to help piece together to advocate for their children’s needs.

Table of Contents

  1. Overview
  2. Step-by-Step Process
  3. Sample Request Letter
  4. Timeline and What to Expect
  5. Documentation Checklist
  6. Your Rights as a Parent
  7. What the Evaluation Should Include
  8. Oklahoma Resources
  9. Action Checklist

Overview

This guide will help you request a special education evaluation under the Individuals with Disabilities Education Act (IDEA) for a child with PTSD in Oklahoma. PTSD may qualify under the Emotional Disturbance category if it adversely affects educational performance.

Key Information

  • Federal Law: IDEA (Individuals with Disabilities Education Act)
  • Relevant Disability Category: Emotional Disturbance
  • Oklahoma Evaluation Timeline: 45 school days from consent
  • Cost to Parents: FREE - the school district must pay for initial evaluation

Step-by-Step Process

Step 1: Write Your Request Letter

  • Format: Written request (creates official timeline and paper trail)
  • Recipients:
    • Primary: Director of Special Education for your school district
    • Copy (cc): School principal and child’s teacher
  • Method: Certified mail or hand-deliver with receipt requested

Step 2: Gather Supporting Documentation

Collect all relevant medical, educational, and personal records (see Documentation Checklist below).

Step 3: Submit Your Request

  • Send via certified mail OR hand-deliver
  • Request written receipt
  • Keep copies of everything for your records

Step 4: Follow Up

  • Contact school within 1 week if no response
  • School should schedule Review of Existing Data (RED) meeting within 10 school days
  • School will provide Written Notice of their decision
  • If approved, sign the Consent for Evaluation form
  • This starts the 45-school-day evaluation clock

Step 6: Participate in the Process

  • Attend all meetings
  • Provide additional information as requested
  • Review evaluation results before eligibility meeting

Step 7: Attend Eligibility Meeting

  • Team determines if child qualifies for special education
  • If eligible, IEP development begins
  • If not eligible, consider Section 504 evaluation

Sample Request Letters

Standard Parent Letter

[Your Name]
[Your Address]
[City, State, ZIP]
[Phone Number]
[Email Address]
[Date]

[Name of Director of Special Education]
[School District Name]
[District Address]
[City, State, ZIP]

Dear [Director's Name]:

I am writing to formally request a comprehensive special education evaluation 
for my [son/daughter], [Child's Full Name], who is currently enrolled in 
[grade] at [School Name]. [His/Her] teacher is [Teacher's Name].

I am concerned that [Child's Name] may have a disability that is adversely 
affecting [his/her] educational performance. [Child's Name] has been diagnosed 
with Post-Traumatic Stress Disorder (PTSD), which significantly impacts 
[his/her] ability to focus and learn in the classroom environment.

Specifically, I have observed the following difficulties:
- Inability to concentrate or maintain focus during instruction
- [Add specific examples: difficulty completing assignments, behavioral 
  responses to triggers, social/emotional challenges, attendance issues, etc.]
- [Any documented incidents or teacher observations]
- [Impact on grades, participation, peer relationships]

We have tried [mention any interventions already attempted, if applicable], 
but [Child's Name] continues to struggle significantly. I am requesting a full 
individual evaluation under IDEA to determine eligibility for special education 
services under the category of Emotional Disturbance.

I am requesting that the evaluation include assessments in the following areas:
- Social/emotional functioning
- Behavioral assessment (including Functional Behavioral Assessment if appropriate)
- Academic achievement
- Cognitive functioning
- Classroom observation
- Review of medical/mental health records
- Any other areas the team deems appropriate

I understand that the school district must respond to this request and that, 
if approved, the evaluation must be completed within Oklahoma's timeline of 
45 school days from the date I sign consent for evaluation.

**Please note:** I am requesting this evaluation under the Individuals with 
Disabilities Education Act (IDEA). Any general education interventions (such 
as Response to Intervention/RTI) should not delay the evaluation timeline 
established under federal law. I understand that intervention data may be 
collected as part of the evaluation process within the required timeline.

Enclosed are copies of:
- [Medical diagnosis of PTSD]
- [Therapy/treatment records]
- [Teacher observations/emails]
- [Other relevant documentation]

I am available to discuss this request and answer any questions. You may reach 
me at [phone number] or [email]. I look forward to working collaboratively with 
the team to support [Child's Name]'s educational needs.

Sincerely,

[Your Signature]
[Your Typed Name]

cc: [Principal's Name], Principal, [School Name]
    [Teacher's Name], [Grade] Teacher

Enclosures: [List attached documents]

Foster Parent Letter (Use This Version)

[Your Name]
[Your Address]
[City, State, ZIP]
[Phone Number]
[Email Address]
[Date]

[Name of Director of Special Education]
[School District Name]
[District Address]
[City, State, ZIP]

RE: Request for Special Education Evaluation
Student: [Child's Full Name]
DOB: [Child's Date of Birth]
Current School: [School Name]
Grade: [Current Grade]

Dear [Director's Name]:

I am writing to formally request a comprehensive special education evaluation 
for [Child's Full Name], who is currently enrolled in [grade] at [School Name]. 
[His/Her] teacher is [Teacher's Name].

**My Authority to Make This Request:**

I am [Child's Name]'s foster parent, and [he/she] is currently in the custody 
of the Oklahoma Department of Human Services (DHS). Under Oklahoma DHS Policy 
340:75-6-50(f) and the Individuals with Disabilities Education Act (IDEA), I 
am authorized to act in place of the parent to represent [Child's Name]'s 
educational interests. [His/Her] biological parent is [unable to participate/
unavailable/rights have been terminated - choose applicable phrase]. 

I am making this request in coordination with [Child's Name]'s DHS Child 
Welfare Specialist, [CW Specialist Name], who can be reached at [phone number] 
or [email address] should you need to verify my authority to make educational 
decisions for [Child's Name].

**Basis for Evaluation Request:**

I am concerned that [Child's Name] has a disability that is adversely affecting 
[his/her] educational performance. [Child's Name] has been diagnosed with 
Post-Traumatic Stress Disorder (PTSD) by [diagnosing provider/agency], which 
significantly impacts [his/her] ability to focus and learn in the classroom 
environment.

Under Oklahoma DHS Policy 340:75-6-50.4(c)(2), Child Welfare Services is 
required to ensure an immediate request for IEP services when a child has, or 
is suspected of having, a diagnosis of emotional disturbance, which includes 
PTSD and anxiety disorders.

**Specific Educational Concerns:**

Since [Child's Name] has been in my care [length of time], I have observed the 
following difficulties that impact [his/her] educational performance:

- Inability to concentrate or maintain focus during instruction
- [Difficulty completing assignments or schoolwork]
- [Behavioral responses to trauma triggers in school setting]
- [Social/emotional challenges with peers or teachers]
- [Attendance issues related to trauma symptoms]
- [Anxiety or avoidance behaviors related to school]
- [Impact on grades - specific subjects if known]
- [Difficulty with transitions or changes in routine]
- [Other specific observable behaviors]

**Interventions Attempted:**

[If applicable, mention: "The school has tried [list interventions], but 
[Child's Name] continues to struggle significantly." OR "To date, no specific 
interventions have been implemented to address these concerns."]

Additionally, [Child's Name] is receiving [therapy/counseling/psychiatric 
services - if applicable] to address the PTSD, but [he/she] continues to 
require additional support in the educational setting.

**Evaluation Request:**

I am requesting a full and individual evaluation under IDEA to determine 
eligibility for special education services under the category of Emotional 
Disturbance. I am requesting that the evaluation include comprehensive 
assessments in the following areas:

- Social/emotional functioning
- Behavioral assessment, including Functional Behavioral Assessment (FBA) 
  to identify triggers and appropriate interventions
- Academic achievement in all areas
- Cognitive functioning
- Adaptive behavior and daily living skills
- Classroom observation in the educational setting
- Review of medical/mental health records and trauma history (as appropriate)
- Assessment of how PTSD symptoms impact learning and school performance
- Any other areas the multidisciplinary team deems necessary

**Timeline and Legal Requirements:**

I understand that the school district must respond to this request in writing. 
If approved, I understand that the evaluation must be completed within 
Oklahoma's timeline of 45 school days from the date I sign consent for the 
evaluation.

**Important Notice Regarding Response to Intervention (RTI):**

I am requesting this evaluation under the Individuals with Disabilities 
Education Act (IDEA). Please be advised that any general education interventions 
(such as Response to Intervention/RTI) should NOT delay the evaluation timeline 
established under federal law. While I understand that intervention data may be 
collected as part of the evaluation process, such data collection must occur 
within the required 45-school-day timeline and must not postpone the initiation 
of the evaluation. Under IDEA, parents have the right to request an evaluation 
at any time, regardless of RTI status.

**Documentation Enclosed:**

I am enclosing the following documentation to support this request:

- [Copy of PTSD diagnosis from mental health provider]
- [Therapy or counseling records, if available and appropriate to share]
- [Medical or psychiatric records relevant to the diagnosis]
- [Teacher observations, emails, or progress reports]
- [Behavioral incident reports from school, if any]
- [Report cards or academic records showing impact on performance]
- [DHS placement information and case contact information]
- [Any previous educational evaluations or assessments]
- [Other relevant documentation]

**Contact Information and Coordination:**

I am available to discuss this request, provide additional information, and 
participate in all meetings related to this evaluation. You may reach me at:

Phone: [Your phone number]
Email: [Your email address]
Best times to reach me: [Days/times]

For verification of my authority to make educational decisions for [Child's 
Name] or for coordination regarding [his/her] case, please contact:

DHS Child Welfare Specialist: [CW Specialist Name]
Phone: [CW Specialist phone]
Email: [CW Specialist email]
DHS Office: [Office location/address]

I look forward to working collaboratively with the IEP team to ensure that 
[Child's Name] receives the appropriate evaluation and, if eligible, the 
special education services and supports [he/she] needs to be successful in 
school despite the challenges posed by [his/her] trauma history.

Thank you for your prompt attention to this request. Please provide me with 
written notice of your decision regarding this evaluation request and, if 
approved, the consent forms necessary to begin the evaluation process.

Sincerely,

[Your Signature]
[Your Typed Name]
Foster Parent for [Child's Full Name]

cc: [Principal's Name], Principal, [School Name]
    [Teacher's Name], [Grade] Teacher, [School Name]
    [DHS CW Specialist Name], Child Welfare Specialist, Oklahoma DHS
    [Your attorney, if you have one representing the child]

Enclosures: [List all attached documents]

Key Differences in Foster Parent Letter

The foster parent version includes:

  1. Clear statement of authority - Cites Oklahoma DHS policy allowing foster parents to act as parent
  2. DHS coordination - Includes CW specialist contact information for verification
  3. References DHS requirements - Cites policy requiring immediate evaluation for emotional disturbance
  4. DHS in CC line - Ensures DHS is informed and creates accountability
  5. Additional context - Acknowledges child is in foster care and may have trauma history
  6. Verification pathway - Makes it easy for school to confirm your authority

Tips for Foster Parents Using This Letter

  1. Fill in all bracketed information with specific details about your situation
  2. Be as specific as possible about behavioral and academic concerns you’ve observed
  3. Attach strong documentation - medical diagnosis is especially important
  4. Coordinate with DHS first - talk to your CW specialist before sending
  5. Keep copies of everything you send
  6. Send certified mail or hand-deliver with receipt
  7. Follow up within one week if you don’t receive acknowledgment

Timeline and What to Expect

Oklahoma-Specific Timelines

Event Timeline Notes
Submit written request Day 0 Starts the process
School response ASAP Written Notice of agreement or refusal
Review of Existing Data (RED) meeting Within 10 school days of consent Team reviews current information
Sign Consent for Evaluation After RED meeting Starts 45-day clock
Complete Evaluation 45 school days from consent All testing must be finished
Eligibility Meeting After evaluation complete Team determines if child qualifies
IEP Development (if eligible) Within 30 calendar days of eligibility First IEP must be created

Important Timeline Considerations

End of School Year: If you request an evaluation late in the school year (fewer than 45 school days remaining), the evaluation may not be completed until the next school year begins. Request as early as possible.

RTI Cannot Delay Evaluation: Schools cannot require your child to complete Response to Intervention (RTI) before conducting a special education evaluation. IDEA gives parents the right to request an evaluation at any time, regardless of RTI status.

45 School Days = Working Days Only: Weekends, holidays, school breaks, and summer vacation do NOT count toward the 45-day timeline.

Documentation Checklist

Medical/Clinical Documentation

  • PTSD diagnosis from licensed mental health provider (psychologist, psychiatrist, therapist)
  • Treatment records or therapy notes
  • Psychiatric evaluation reports
  • Medication list and prescribing information (if applicable)
  • Letters from treating providers describing impact on functioning
  • Trauma history (if appropriate to share and relevant)

School Documentation

  • Current and previous report cards
  • Standardized test scores
  • Teacher notes, emails, or observations about behavior/focus
  • Samples of incomplete or struggling work
  • Discipline reports or behavioral incident reports
  • Attendance records
  • Previous intervention plans or accommodations tried
  • Progress monitoring data (if available)

Your Own Documentation

  • Timeline of when PTSD symptoms began affecting school performance
  • Specific examples of how PTSD impacts learning (concentration, participation, completion of work)
  • Known triggers in the school environment
  • Interventions you’ve tried at home
  • Communication log with school (dates, topics, outcomes)
  • Observations from other caregivers, family members, or community providers

Optional Supporting Information

  • Letters from Sunday School teachers, coaches, or others who work with child
  • Samples of work from each grade showing progression or decline
  • Video or audio recordings (if appropriate and allowed by school)
  • Independent assessments (if you’ve obtained any)

Your Rights as a Parent

You Have the Right To:

  1. Request an evaluation at any time - regardless of RTI or other interventions
  2. Receive the evaluation at no cost - the school district must pay
  3. Give or refuse consent - evaluation cannot proceed without your written permission
  4. Participate in all meetings - you are a required member of the IEP team
  5. Review all educational records - before and during the evaluation
  6. Receive results before the eligibility meeting - you should get evaluation reports in advance
  7. Bring others to meetings - advocates, therapists, family members
  8. Request an Independent Educational Evaluation (IEE) - if you disagree with the school’s evaluation, you can request the district pay for an independent evaluation
  9. Disagree with the evaluation results - and use dispute resolution options
  10. Request reevaluation - at least once per year, and required at least every 3 years

Critical Protections

RTI Cannot Block Evaluation: Federal law explicitly states that schools cannot require completion of Response to Intervention before evaluating for special education. Make this clear in your request letter.

Medical Diagnosis Helps But Isn’t Required: A PTSD diagnosis from a doctor/therapist supports your request, but the school must also conduct educational assessments to determine if the condition affects educational performance.

Procedural Safeguards: When you make your request, the school must provide you with a copy of “Procedural Safeguards” - a document explaining all your rights under IDEA.

What the Evaluation Should Include

Required Assessment Areas for Emotional Disturbance

The multidisciplinary evaluation team should assess:

1. Social/Emotional Functioning

  • Impact of PTSD on relationships with peers and teachers
  • Emotional regulation and coping skills
  • Response to stress and triggers
  • Social skills assessment

2. Behavioral Assessment

  • Functional Behavioral Assessment (FBA) if behaviors impede learning
  • Frequency and intensity of concerning behaviors
  • Antecedents (triggers) and consequences
  • Patterns related to PTSD symptoms

3. Academic Achievement

  • Current performance levels in:
    • Reading/literacy
    • Mathematics
    • Written expression
    • Other academic areas of concern
  • Comparison to grade-level expectations
  • Rate of progress

4. Cognitive Assessment

  • Intellectual functioning
  • Rule out cognitive factors as primary cause of academic difficulties
  • Processing abilities that may be affected by trauma

5. Classroom Observation

  • Observation of child in educational setting
  • Academic performance in natural environment
  • Behavioral patterns during instruction
  • Peer interactions

6. Medical/Mental Health Information

  • Review of PTSD diagnosis
  • Treatment history
  • Impact of trauma on daily functioning
  • Input from treating providers

7. Adaptive Behavior

  • Daily living skills
  • Self-care abilities
  • Coping mechanisms
  • Functioning outside of school

8. Review of Existing Data

  • Previous evaluations or assessments
  • Report cards and progress reports
  • Attendance records
  • Disciplinary records
  • Parent and teacher input

Evaluation Team Members

The team conducting and reviewing the evaluation should include:

  • Parents (you are a required member)
  • Regular education teacher
  • Special education teacher
  • School psychologist
  • Administrator who can commit resources
  • Others with relevant expertise (social worker, counselor, etc.)

Oklahoma Resources

Free Parent Support Organizations

Oklahoma Parents Center (OPC)

  • Website: oklahomaparentscenter.org
  • Services: Free assistance with IEP requests, letter drafting, meeting preparation
  • Resources: Sample letters, guides, workshops
  • Cost: FREE

Oklahoma Parents Support for Advocacy (OPSA)

  • Email: parents@okpsaedu.org
  • Services: Master IEP Coach® certification services
  • Support: One-on-one coaching through the IEP process
  • Cost: FREE

Oklahoma Disability Law Center

  • Services: Legal advocacy and support
  • When needed: If rights are violated or disputes arise

State Agency

Oklahoma State Department of Education - Special Education Services

  • Address: 2500 North Lincoln Boulevard, Oklahoma City, OK 73105
  • Phone: (405) 521-3301
  • Hours: 8am - 5pm, Monday-Friday (CST)
  • Website: oklahoma.gov/education/services/special-education

Federal Resources

U.S. Department of Education - Office of Civil Rights (Kansas City Office)

  • Covers Oklahoma
  • Address: One Petticoat Lane, 1010 Walnut Street, Suite 320, Kansas City, MO 64106
  • Phone: (816) 268-0550
  • Email: OCR.KansasCity@ed.gov
  • Handles Section 504 and civil rights complaints

Additional Resources

Center for Parent Information and Resources (CPIR)

  • Website: parentcenterhub.org
  • National resource with state-specific information

Understood.org

  • Resources for learning and attention issues
  • Sample letters and guides

Action Checklist

Before You Request the Evaluation

  • Gather all medical documentation of PTSD diagnosis
  • Collect school records (report cards, teacher emails, etc.)
  • Document specific examples of how PTSD affects learning
  • Create timeline of struggles and interventions tried
  • Research your school district’s Special Education Director contact info
  • Make copies of all documents for your records
  • Consider contacting Oklahoma Parents Center for support

Writing and Sending the Request

  • Draft request letter using sample template
  • Customize letter with specific examples for your child
  • Include statement about RTI not delaying evaluation
  • List all areas of concern (academic, behavioral, social/emotional)
  • Attach all supporting documentation
  • Make 3 copies: one for district, one for principal/teacher, one for your files
  • Date and sign the letter
  • Send via certified mail OR hand-deliver with receipt
  • Note the date you submitted the request

After Submitting the Request

  • Follow up within 1 week if no response received
  • Receive and read Written Notice from school
  • Receive and read Procedural Safeguards document
  • Attend Review of Existing Data (RED) meeting if scheduled
  • Sign Consent for Evaluation (starts 45-day clock)
  • Mark calendar for 45-school-day deadline
  • Stay in communication with evaluation team
  • Provide any additional information requested

During the Evaluation Process

  • Ask questions if you don’t understand something
  • Request copies of all assessment reports
  • Review evaluation results before eligibility meeting
  • Prepare questions about evaluation findings
  • Request clarification on anything unclear
  • Consider bringing an advocate to meetings
  • Keep detailed notes of all meetings and conversations

At the Eligibility Meeting

  • Bring all documentation and notes
  • Listen to evaluation results
  • Ask questions about findings
  • Share your observations and concerns
  • Participate in eligibility determination discussion
  • If eligible: Begin IEP development process
  • If not eligible: Ask about Section 504 evaluation
  • Request copies of all meeting documentation
  • Understand next steps and timelines

If Your Child Is Found Eligible

  • IEP meeting must be scheduled within 30 days
  • Review draft IEP before meeting if possible
  • Prepare your input for IEP goals
  • Bring list of accommodations/services you think are needed
  • Participate actively in IEP development
  • Review final IEP carefully before signing
  • Request a copy of the signed IEP
  • Understand how and when services will begin

If Your Child Is Not Found Eligible

  • Request detailed explanation of decision
  • Ask about Section 504 evaluation as alternative
  • Consider Independent Educational Evaluation (IEE)
  • Review dispute resolution options if you disagree
  • Contact Oklahoma Parents Center for guidance
  • Understand your right to appeal decision

Ongoing Documentation

  • Create a binder/folder for all special education documents
  • Keep communication log (dates, people, topics, outcomes)
  • Save all emails and letters
  • Maintain copies of evaluations and reports
  • Track your child’s progress
  • Document any concerns that arise
  • Update medical providers on educational plan

Special Guidance for Foster Parents

Your Rights as a Foster Parent in Oklahoma

If you are a foster parent in Oklahoma, you have specific rights and authority to request IEP evaluations and make educational decisions for children in your care.

Good News: You CAN Submit This Paperwork

Under Oklahoma law and DHS policy, foster parents may act in place of the parent to represent the child’s educational interests when the parent is unable, unavailable, or unwilling to participate in the child’s school arrangements.

When Foster Parents Have Full Educational Rights

You have the same rights as a biological parent to:

  • Request an IEP evaluation
  • Sign consent for evaluation
  • Attend all IEP meetings
  • Sign the IEP
  • Request services
  • Examine all school records
  • Participate in all educational decisions

You do NOT need to be appointed as a “surrogate parent” to exercise these rights - foster parents automatically have educational decision-making authority in Oklahoma.

Oklahoma DHS Policy Support

Oklahoma DHS Policy 340:75-6-50.4(c)(2) specifically requires Child Welfare Services to:

  • Coordinate with foster parents to assess the need for IEP services
  • Ensure an immediate request for IEP services when a child has or is suspected of having emotional disturbance (which includes PTSD)
  • Make all requests in writing by parent, foster parent, or other authorized party

This means DHS should be helping you, not blocking you.

Who CANNOT Act as Educational Decision-Maker

DHS employees and other public agency employees may NOT act in place of a parent or sign an IEP. If you work for DHS or another public agency, you cannot be the educational decision-maker, but a regular foster parent absolutely can.

Before submitting your request, understand the child’s legal situation:

Scenario 1: Biological parent’s rights intact but parent is unavailable/unwilling

  • You can proceed - you act in place of the parent
  • You sign all consent forms and attend all meetings

Scenario 2: Biological parent’s rights intact AND parent is involved

  • Ideally, coordinate with biological parent
  • Biological parent retains primary rights
  • You can still request evaluation, but parent must consent

Scenario 3: Parental rights terminated or suspended

  • You can absolutely proceed
  • You have full authority
  • No coordination with biological parent needed

Scenario 4: Court order specifically addresses educational rights

  • Follow what the court order says
  • If order is unclear, contact your CW specialist

Steps to Protect Yourself

Before Submitting the Request:

  1. Contact your DHS Child Welfare Specialist

    • Inform them you’re requesting an IEP evaluation
    • Ask if there are any court orders limiting educational decision-making
    • Request confirmation in writing that you can act as parent for educational purposes
    • Get their contact information to include in your letter

  2. Gather case documentation

    • Court orders (if any) regarding custody and educational rights
    • DHS placement paperwork
    • Any existing educational records from DHS file
    • Medical/mental health records related to PTSD diagnosis

  3. Coordinate with the child’s treatment team

    • Therapist or counselor treating the PTSD
    • Case manager or other DHS staff
    • CASA volunteer if assigned

Potential Obstacles and How to Handle Them

Obstacle 1: School Questions Your Authority

If school says: “We need permission from the biological parent”

Your response: “Under Oklahoma DHS Policy 340:75-6-50(f), foster parents may act in place of the parent to represent the child’s educational interests when the parent is unable, unavailable, or unwilling to participate. I am exercising that authority. Please contact my DHS caseworker [name and number] if you need confirmation.”

What to do:

  • Refer them to your CW specialist for verification
  • Provide a copy of the placement order (if you have it)
  • Stand firm - you have the legal right
  • If they continue to refuse, contact Oklahoma Parents Center for advocacy support

Obstacle 2: DHS Employee Tries to Sign Instead of You

If DHS employee says: “I’ll handle the IEP paperwork”

Your response: “Oklahoma DHS policy specifically states that DHS employees and other public agency employees may not act in place of a parent or sign an IEP. As the foster parent, I have the authority and responsibility to act in place of the parent.”

What to do:

  • Politely decline and explain the policy
  • Cite Oklahoma DHS Policy 340:75-6-50.4(d)(4) which prohibits DHS employees from signing IEPs
  • Offer to keep them informed and copied on all correspondence
  • Ask them to attend meetings as a support person, not as decision-maker

Obstacle 3: Biological Parent Objects

If biological parent says: “I didn’t give permission for this”

What to do:

  • Contact your CW specialist immediately
  • This needs to be resolved through DHS and possibly court
  • Do NOT proceed without clarification if parent has active rights
  • Document the parent’s objection
  • However, if parent is unavailable or uninvolved, you still have authority

Obstacle 4: You’re Asked to Become “Surrogate Parent”

What to know: You don’t need formal surrogate parent appointment as a foster parent - you already have the rights.

However: Some schools may ask foster parents to complete surrogate parent training. This is free training provided by Oklahoma State Department of Education, and it can actually be helpful for understanding the process better. You can take it voluntarily, but it’s not required to exercise your rights.

Best Practices for Foster Parents

Document Everything:

  • Keep copies of all communications with school
  • Document conversations with DHS about educational rights
  • Save all emails, letters, and notices
  • Take notes at every meeting with dates and attendees

Copy Your CW Specialist on Everything:

  • Include them on all correspondence with school
  • Keep them informed of meeting dates and outcomes
  • Request their attendance at important meetings
  • Document their involvement (or lack thereof)

Know Your Child’s Background:

  • Understand the trauma history as much as is appropriate
  • Know what triggers to share with school (with discretion)
  • Be aware of any previous school challenges or IEPs
  • Keep medical/mental health information organized

Be Professional But Persistent:

  • Remain calm and respectful in all interactions
  • Assert your rights clearly when necessary
  • Follow up in writing after verbal conversations
  • Don’t be intimidated by “we can’t do that” responses

Protect the Child’s Privacy:

  • Share only necessary information about trauma history
  • Be mindful of sensitive details in written communication
  • Ask schools to mark records as confidential where appropriate
  • Balance transparency with the child’s dignity

Foster Parent Action Checklist

Before requesting evaluation:

  • Contact DHS Child Welfare Specialist
  • Ask: “Am I authorized to make educational decisions for this child?”
  • Ask: “Are there any court orders limiting educational decision-making?”
  • Ask: “Will DHS support an IEP evaluation request for this child’s PTSD?”
  • Get written confirmation (email is fine) of your authority
  • Gather all medical/mental health documentation
  • Obtain DHS case information that may be helpful

When submitting request:

  • Use the foster parent version of the sample letter
  • Identify yourself clearly as foster parent acting in place of parent
  • Include DHS CW specialist contact information
  • Reference Oklahoma DHS policy on your authority
  • Copy your CW specialist on the letter
  • Send certified mail or hand-deliver with receipt
  • Keep complete copies for your records

After submitting request:

  • Follow up within one week if no response
  • Inform CW specialist that request was submitted
  • Mark calendar for expected response timeline
  • Prepare for Review of Existing Data meeting
  • Gather any additional documentation requested
  • Attend all meetings - you are a required team member

When to Seek Additional Help

Contact Oklahoma Parents Center if:

  • School refuses to accept your request
  • You’re told you need biological parent permission and parent is unavailable
  • DHS is not supporting your request
  • You feel your rights are being violated
  • You need help understanding the process

Contact Oklahoma Disability Law Center if:

  • Your clearly established rights are being denied
  • The situation involves legal questions about custody or court orders
  • You need formal advocacy or legal representation

Remember

As a foster parent, you are in a unique position to advocate for this child’s educational needs. The child may have had disrupted education due to placement changes, trauma, or lack of advocacy in the past. Your willingness to pursue appropriate services could make a life-changing difference.

You have the legal authority to do this. Don’t let anyone tell you otherwise.

Important Reminders

Critical Points to Remember

  1. Put everything in writing - verbal requests don’t create official timelines
  2. Keep copies of everything - maintain complete records
  3. RTI cannot delay evaluation - state this clearly in your letter
  4. You are a required team member - attend all meetings
  5. Free services are available - contact Oklahoma Parents Center
  6. Act quickly - especially if late in school year
  7. Medical diagnosis helps - but educational impact must also be shown
  8. You can disagree - dispute resolution options exist

What NOT to Do

  • Don’t wait for the school to suggest evaluation
  • Don’t accept “let’s try RTI first” as a reason to delay
  • Don’t sign anything you don’t understand
  • Don’t attend meetings without preparation
  • Don’t assume the school knows best - you know your child
  • Don’t give up if initially denied

For IDEA Eligibility (Emotional Disturbance): Child must exhibit one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance:

  • Inability to learn not explained by other factors
  • Inability to build/maintain satisfactory relationships
  • Inappropriate behavior or feelings under normal circumstances
  • General pervasive mood of unhappiness or depression
  • Tendency to develop physical symptoms/fears associated with personal or school problems

PTSD Connection: PTSD falls under anxiety disorders and can qualify under Emotional Disturbance if it meets the criteria above and adversely affects educational performance.

Questions to Ask at Each Stage

When Requesting Evaluation

  • What is the timeline for responding to my request?
  • Who will be on the evaluation team?
  • What assessments will be conducted?

At Review of Existing Data Meeting

  • What data does the school already have?
  • What additional assessments are needed?
  • When will consent forms be provided?

During Evaluation Process

  • What specific tests are being used?
  • When will each assessment occur?
  • How can I provide input?
  • When will results be available?

At Eligibility Meeting

  • Does my child meet criteria for Emotional Disturbance?
  • What were the specific evaluation findings?
  • If not eligible for IDEA, what about Section 504?
  • What are the next steps?

Contact Information Template

Use this space to record important contact information:

School District Information:

  • District Name: ____________
  • Director of Special Education: ____________
  • Phone: ____________
  • Email: ____________
  • Address: ____________

School Information:

  • School Name: ____________
  • Principal: ____________
  • Teacher: ____________
  • Phone: ____________
  • Email: ____________

Support Contacts:

  • Oklahoma Parents Center: ____________
  • Your Parent Advocate/Coach: ____________
  • Other: ____________

Medical/Clinical Team:

  • Child’s Therapist: ____________
  • Phone: ____________
  • Psychiatrist/Prescriber: ____________
  • Phone: ____________

Document Notes

Document Version: January 2026

Based on: Oklahoma Special Education Policies and Procedures, IDEA 2004, and current federal regulations

Disclaimer: This guide provides general information and is not legal advice. For specific legal questions or complex situations, consult with an attorney or contact Oklahoma Disability Law Center.

You are your child’s best advocate. Don’t hesitate to ask questions, request clarification, and insist on appropriate services. Free help is available through Oklahoma Parents Center and Oklahoma Parents Support for Advocacy.