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Oklahoma House Bill HB2454

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2454 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 58th Legislature (2021)
3131
3232 HOUSE BILL 2454 By: Virgin
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3838 AS INTRODUCED
3939
4040 An Act relating to schools; amending 70 O.S. 2011,
4141 Section 13-101.2, as last amended by Section 1,
4242 Chapter 1, O.S.L. 2020 (70 O.S. Supp. 2020, Section
4343 13-101.2), which relates to the Lindsey Nicole Henry
4444 Scholarships for Students with Disabilities Program;
4545 modifying eligibility requirements for private school
4646 to participate in program; and providing an effective
4747 date.
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 70 O.S. 2011, Section 13 -101.2, as
5656 last amended by Section 1, Chapter 1, O.S.L. 2020 (70 O.S. Supp.
5757 2020, Section 13-101.2), is amended to read as follows:
5858 Section 13-101.2 A. There is hereby created the Lindsey Nicole
5959 Henry Scholarships for Students with Disabilities Program. The
6060 Lindsey Nicole Henry Scholarships for Students with Disabilities
6161 Program is established to provide a scholarship to a private school
6262 of choice for students with disabilities for whom an individualized
6363 education program (IEP) in accordance with the Individuals with
6464 Disabilities Education Act (IDEA) or an individualized service plan
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9191 pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
9292 has been developed at any time prior to notifying the State
9393 Department of Education of the intent to participate in the Program
9494 and the IEP is in effect at the time the request for a scholarship
9595 is received by the State Department of Education. S cholarships
9696 shall be awarded beginning with the 2010 -2011 school year.
9797 B. The parent or legal guardian of a public school student with
9898 a disability may exercise their his or her parental option and
9999 request to have a Lindsey Nicole Henry Scholarship awarde d for the
100100 child to enroll in and attend a private school in accordance with
101101 this section and the scholarship shall be awarded if:
102102 1. The student has spent the prior school year in attendance at
103103 a public school in this state. For purposes of this section, "prior
104104 school year in attendance " means that the student was enrolled in
105105 and reported by a school district for funding purposes during the
106106 preceding school year regardless of whether or not the student had
107107 an IEP at the time the student was counted for fu nding purposes. A
108108 student who is a child of a member of the United States Armed Forces
109109 who transfers to a school in this state from out of state or from a
110110 foreign country pursuant to a permanent change of station orders of
111111 the parent shall be exempt from the requirements of this paragraph
112112 but shall be required to meet all other eligibility requirements to
113113 participate as provided for in this section. A student who has been
114114 provided services under an Individual Family Service Plan through
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141141 the SoonerStart program and during transition was evaluated and
142142 determined to be eligible for school district services shall be
143143 exempt from the requirements of this paragraph but shall be required
144144 to meet all other eligibility requirements to participate as
145145 provided for in this section. A student who was in out -of-home
146146 placement with the Department of Human Services, who was adopted
147147 while in the permanent custody of the Department of Human Services
148148 or who was in out-of-home placement with the Office of Juvenile
149149 Affairs shall be exempt from the requirements of this paragraph but
150150 shall be required to meet all other eligibility requirements to
151151 participate as provided for in this section; and
152152 2. The parent or legal guardian has obtained acceptance for
153153 admission of the student t o a private school that is eligible for
154154 the program as provided in subsection H of this section and has
155155 notified the State Department of Education of the request for a
156156 scholarship. Requests to participate in the program made after
157157 December 1 shall be gran ted, but funding for scholarships requested
158158 after December 1 shall not be available until the beginning of the
159159 next school year. The request shall be through a communication
160160 directly to the Department in a manner that creates a written or
161161 electronic record of the request and the date of receipt of the
162162 request. The Department shall notify the school district upon
163163 receipt of the request. For purposes of continuity of educational
164164 choice, the scholarship shall remain in force until the student
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191191 returns to a public school, graduates from high school or reaches
192192 the age of twenty-two (22), whichever occurs first. At any time,
193193 the parent or legal guardian of the student may remove the student
194194 from the private school and place the student in another private
195195 school that is eligible for the program as provided in subsection H
196196 of this section or place the student in a public school.
197197 C. A student shall be eligible for a scholarship if the parent
198198 or legal guardian of the student made a request for a scholarship
199199 for the 2010-2011 school year and the student transferred to an
200200 eligible private school but was subsequently denied a scholarship
201201 because the student did not have an IEP in effect on October 1,
202202 2009, but did meet all other eligibility requirements as set forth
203203 in the Lindsey Nicole Henry Scholarships for Students with
204204 Disabilities Program Act.
205205 D. A student shall not be eligible for a Lindsey Nicole Henry
206206 Scholarship if the student is not having regular and direct contact
207207 with the private school teachers at the ph ysical location of the
208208 private school.
209209 E. School districts shall notify the parent or legal guardian
210210 of a public school student with a disability of all options
211211 available pursuant to this section and inform the parent or legal
212212 guardian of the availability of information about the program from
213213 the State Department of Education through the toll -free telephone
214214 number or website. The notification shall be provided with or
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241241 included in the copy of the "Parents Rights in Special Education:
242242 Notice of Procedural S afeguards" document given to parents at least
243243 annually or as otherwise required by law.
244244 F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
245245 have the same effect as a parental revocation of consent to service
246246 pursuant to 20 U.S.C., Sections 1414( a)(1)(D) and 1414(C) of the
247247 IDEA.
248248 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
249249 parent or legal guardian shall assume full financial responsibility
250250 for the education of the student, including but not limited to
251251 transportation to and from t he private school.
252252 G. If the parent or legal guardian requests a Lindsey Nicole
253253 Henry Scholarship and the student is accepted by the private school
254254 pending the availability of a space for the student, the parent or
255255 legal guardian of the student shall noti fy the State Department of
256256 Education before entering the private school and before December 1
257257 in order to be eligible for the scholarship during the school year
258258 when a space becomes available for the student in the private
259259 school. If notification is made after December 1, payment of the
260260 scholarship shall not begin until the next school year.
261261 H. 1. To be eligible to participate in the Lindsey Nicole
262262 Henry Scholarships for Students with Disabilities Program, a private
263263 school shall notify the State Departme nt of Education of its intent
264264 to participate. The notice shall specify the grade levels and
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291291 services that the private school has available for students with
292292 disabilities who are participating in the scholarship program. The
293293 State Department of Education shall approve a private school as
294294 eligible to participate in the scholarship program upon
295295 determination that the private school:
296296 a. meets the accreditation requirements set by the State
297297 Board of Education or another accrediting association
298298 approved by the State Board of Education. The State
299299 Department of Education shall list on its website all
300300 accrediting associations approved by the Board,
301301 b. demonstrates fiscal soundness by having been in
302302 operation for one (1) school year or providing the
303303 State Department of Education with a statement by a
304304 certified public accountant confirming that the
305305 private school desiring to participate is insured and
306306 the owner or owners have sufficient capital or credit
307307 to operate the school for the upcoming year by serving
308308 the number of students anticipated with expected
309309 revenues from tuition and other sources that may be
310310 reasonably expected. In lieu of a statement, a surety
311311 bond or letter of credit for the amount equal to the
312312 scholarship funds for any quarter may be filed with
313313 the Department,
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340340 c. complies with the antidiscrimination provisions of 42
341341 U.S.C., Section 2000d and Presidential Executive Order
342342 No. 13,160 (2000),
343343 d. meets state and local health and safety laws and
344344 codes,
345345 e. will be academically accountable to the parent or
346346 legal guardian for meeting the educational needs of
347347 the student,
348348 f. employs or contracts with teachers who hold
349349 baccalaureate or higher degrees, or have at least
350350 three (3) years of teaching experience in public or
351351 private schools, or have special skills, k nowledge, or
352352 expertise that qualifies them to provide instruction
353353 in subjects taught,
354354 g. complies with all state laws relating to general
355355 regulation of private schools, and
356356 h. adheres to the tenets of its published disciplinary
357357 procedures prior to the expu lsion of a scholarship
358358 student.
359359 2. Upon approval of a private school, the State Department of
360360 Education shall provide on its website all information and material
361361 submitted by the private school with its application.
362362 I. 1. Lindsey Nicole Henry Scholarshi p Program participants
363363 shall comply with the following:
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390390 a. the parent or legal guardian shall select the private
391391 school from the schools approved for eligibility
392392 pursuant to subsection H of this section and apply for
393393 the admission of the child,
394394 b. the parent or legal guardian shall request the
395395 scholarship no later than December 1 of the school
396396 year during which the scholarship is requested,
397397 c. any student participating in the scholarship program
398398 shall attend throughout the school year, unless
399399 excused by the school for illness or other good cause,
400400 and shall comply fully with the code of conduct for
401401 the school,
402402 d. the parent or legal guardian shall fully comply with
403403 the parental involvement requirements of the private
404404 school, unless excused by the school for i llness or
405405 other good cause, and
406406 e. upon issuance of a scholarship warrant, the parent or
407407 legal guardian to whom the warrant is made shall
408408 restrictively endorse the warrant to the private
409409 school for deposit into the account of the private
410410 school. The parent or legal guardian may not
411411 designate any entity or individual associated with the
412412 private school as the attorney in fact for the parent
413413 or legal guardian to endorse a warrant. A parent or
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440440 legal guardian who fails to comply with this
441441 subparagraph shall fo rfeit the scholarship.
442442 2. A participant who fails to comply with this subsection
443443 forfeits the scholarship.
444444 J. Provisions governing payment of a Lindsey Nicole Henry
445445 Scholarship shall be as follows:
446446 1. The State Department of Education shall calculate th e total
447447 cost of all scholarships for all eligible students in the state.
448448 The State Department of Education shall then reserve or retain from
449449 the total amount appropriated to the State Board of Education for
450450 State Aid purposes and any other revenue availab le for allocation
451451 for State Aid purposes the total cost for all scholarship payments;
452452 2. The maximum scholarship granted for an eligible student with
453453 disabilities shall be a calculated amount equivalent to the total
454454 State Aid factors for the applicable sc hool year multiplied by the
455455 grade and disability weights generated by that student for the
456456 applicable school year. The disability weights used in calculating
457457 the scholarship amount shall include all disability weights which
458458 correspond to the disabilities included in the multidisciplinary
459459 evaluation and eligibility group summary for the student at the time
460460 the request for a scholarship is made by the parent or legal
461461 guardian. The maximum scholarship amount shall be calculated by the
462462 State Board of Educatio n for each year the student is participating
463463 in the scholarship program;
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490490 3. The amount of the scholarship shall be the amount calculated
491491 in paragraph 2 of this subsection or the amount of tuition and fees
492492 for the private school, whichever is less, minus u p to two and one-
493493 half percent (2 1/2%) of the scholarship amount which may be
494494 retained by the State Department of Education as a fee for
495495 administrative services rendered. The amount of any assessment fee
496496 required by the private school and the amount assoc iated with
497497 providing services and therapies to address the disabilities of the
498498 student may be paid from the total amount of the scholarship. The
499499 amount of the scholarship shall be prorated to reflect the number of
500500 days remaining in the current school year , if the scholarship
501501 request is granted after the beginning of the school year;
502502 4. The State Department of Education shall notify the private
503503 school of the amount of the scholarship within ten (10) days after
504504 receiving the request for a scholarship, when the total State Aid
505505 factors have been determined for the current fiscal year. The
506506 initial payment shall be made after the Department verifies
507507 admission acceptance and enrollment. Quarterly payments shall be
508508 made upon verification of continued enrollment and attendance at the
509509 private school. Payment shall be made by the Department with an
510510 individual warrant made payable to the parent or legal guardian of
511511 the student and mailed by the Department to the private school that
512512 the parent or legal guardian choos es. The parent or legal guardian
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539539 shall restrictively endorse the warrant to the private school for
540540 deposit into the account of the private school;
541541 5. The State Department of Education shall not be responsible
542542 for any additional costs associated with spec ial education and
543543 related services incurred by the private school for the student
544544 including the cost of teachers, equipment, material, and special
545545 costs associated with the special education class;
546546 6. The State Department of Education shall establish a to ll-
547547 free telephone number or website that provides parents or legal
548548 guardians and private schools with information about the program;
549549 7. The State Department of Education shall require an annual,
550550 notarized, sworn compliance statement by participating priva te
551551 schools certifying compliance with state laws and shall retain all
552552 records received from a participating private school. The State
553553 Department of Education shall post on its website the annual
554554 compliance statement for each participating private school; and
555555 8. The State Department of Education shall cross -check the list
556556 of participating scholarship students with the public school
557557 enrollments prior to each scholarship payment to avoid duplication.
558558 K. 1. The State Superintendent of Public Instruction sha ll
559559 deny, suspend, or revoke the participation of a private school in
560560 the scholarship program if it is determined that the private school
561561 has failed to comply with the provisions of this section. However,
562562 in instances in which the noncompliance is correcta ble within a
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589589 reasonable amount of time and in which the health, safety, or
590590 welfare of the students is not threatened, the Superintendent may
591591 issue a notice of noncompliance which shall provide the private
592592 school with a time frame within which to provide ev idence of
593593 compliance prior to taking action to suspend or revoke participation
594594 in the scholarship program.
595595 2. If the Superintendent intends to deny, suspend, or revoke
596596 the participation of a private school in the scholarship program,
597597 the Department shall notify the private school of the proposed
598598 action in writing by certified mail and regular mail to the private
599599 school's address of record with the Department. The Department
600600 shall also notify any parents or legal guardians of scholarship
601601 students attending the private school. The notification shall
602602 include the reasons for the proposed action and notice of the
603603 timelines and procedures set forth in this subsection.
604604 3. The private school that is adversely affected by the
605605 proposed action shall have fifteen (1 5) days from receipt of the
606606 notice of proposed action to file with the Department a request for
607607 an administrative hearing proceeding pursuant to the Administrative
608608 Procedures Act.
609609 4. Upon receipt of a request for a hearing, the State Board of
610610 Education shall commence a hearing within sixty (60) days after the
611611 receipt of the formal written request and enter an order within
612612 thirty (30) days after the hearing.
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639639 5. The Board may immediately suspend payment of scholarship
640640 funds if it is determined that there is probable cause to believe
641641 that there is an imminent threat to the health, safety, or welfare
642642 of the students or fraudulent activity on the part of the private
643643 school.
644644 L. No liability shall arise on the part of the state, the State
645645 Board of Education, the State Department of Education or a school
646646 district based on the award or use of any scholarship provided
647647 through the Lindsey Nicole Henry Scholarships for Students with
648648 Disabilities Program.
649649 M. The inclusion of private schools within options available to
650650 public school students in Oklahoma shall not expand the regulatory
651651 authority of the state or any school district to impose any
652652 additional regulation of private schools beyond those reasonably
653653 necessary to enforce the requirements expressly set forth in th is
654654 section.
655655 N. If the State Department of Education determines that a
656656 school district prior to the effective date of this act has failed
657657 to comply with the provisions of the Lindsey Nicole Henry
658658 Scholarships for Students with Disabilities Program Act and has
659659 failed to make full or partial scholarship payments for eligible
660660 students, the Department shall have authority to reduce the amount
661661 of State Aid allocated to the school district or require the school
662662 district to make repayment to the Department of Stat e Aid
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689689 allocations in an amount equal to the amount of scholarship payments
690690 the school district failed to make. The Department shall make
691691 payment to the parent or legal guardian in the amount the school
692692 district failed to make in the manner as provided for in subsection
693693 J of this section.
694694 O. The State Department of Education shall annually prepare and
695695 post on its website a report of the Lindsey Nicole Henry
696696 Scholarships for Students with Disabilities Program. The annual
697697 report shall include, but not be li mited to, the following
698698 information:
699699 1. The total number and amount of scholarships awarded and
700700 reported for each participating private school;
701701 2. The total number of scholarships denied;
702702 3. The total number and amount of scholarship payments
703703 suspended for each participating private school; and
704704 4. Data on participating students, disaggregated by years of
705705 participation in the program, grade level, economically
706706 disadvantaged status, racial and ethnic groups and disability
707707 category.
708708 SECTION 2. This act shall become effective November 1, 2021.
709709
710710 58-1-6692 EK 01/06/21