OK
Oklahoma House Bill HB3431

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3431 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (202 2)
3131
3232 HOUSE BILL 3431 By: Osburn
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3838 AS INTRODUCED
3939
4040 An Act relating to the Lindsey Nicole Henry
4141 Scholarships for Students with Disabilities Program;
4242 amending 70 O.S. 2021, Section 13-101.2, which
4343 relates to program eligibility; removing requir ement
4444 that student spend the prior year enrolled in a
4545 public school; updating reference; and providing an
4646 effective date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13 -101.2, is
5454 amended to read as follows:
5555 Section 13-101.2 A. There is hereby created the Lindsey Nicole
5656 Henry Scholarships for Students with Disabilities Progra m. The
5757 Lindsey Nicole Henry Scholarsh ips for Students with Disabilities
5858 Program is established to provide a scholarship to a private school
5959 of choice for students with disabilities for whom an individualized
6060 education program (IEP) in accordance with the Individuals with
6161 Disabilities Educatio n Act (IDEA) or an individualized service plan
6262 pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
6363 has been developed at any time prior to notifying the State
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9090 Department of Education of the intent to part icipate in the Program
9191 and the IEP is in effect at the time the request for a scholarship
9292 is received by the State Department of Educ ation. Scholarships
9393 shall be awarded beginning with the 2010 -2011 school year.
9494 B. The parent or legal guardian of a publi c school student with
9595 a disability may exercise their parental option and request to have
9696 a Lindsey Nicole Henry Scholarship awarded for the child to enroll
9797 in and attend a private school in accordance with this section , and
9898 the scholarship shall be awarde d if the student:
9999 1. a. The student has spent the prior school year in
100100 attendance at a public school in this state. For
101101 purposes of this section, "prior school year in
102102 attendance" means that the student was enrolled in and
103103 reported by a school distric t for funding purposes
104104 during the preceding school year regardless of whether
105105 or not the student had an IEP at the time the student
106106 was counted for funding purposes. A student who is a
107107 child of a member of the United States Armed Forces
108108 who transfers to a school in this state from out of
109109 state or from a foreign country pursuant to a
110110 permanent change of station orders of the parent shall
111111 be exempt from the requirements of this paragraph but
112112 shall be required to meet all other eligibility
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139139 requirements to participate as provided for in this
140140 section. A student who,
141141 b. has been provided services under an Individual Family
142142 Service Plan through the SoonerStart program and
143143 during transition was evaluated and determined to be
144144 eligible for school district services shall be exempt
145145 from the requirements o f this paragraph but shall be
146146 required to meet all other eligibility requirements to
147147 participate as provided for in this section. A
148148 student who,
149149 c. was in out-of-home placement with the Department of
150150 Human Services, who or was adopted while in the
151151 permanent custody of the Department of Human Services ,
152152 or who
153153 d. was in out-of-home placement with t he Office of
154154 Juvenile Affairs shall be exempt from the requirements
155155 of this paragraph but shall be required to meet all
156156 other eligibility requirements to participa te as
157157 provided for in this section ; and
158158 2. The parent or legal guardian has obtained accepta nce for
159159 admission of the student to a private school that is eligible for
160160 the program as provided in subsection H of this s ection and has
161161 notified the State Depart ment of Education of the request for a
162162 scholarship. Requests to participate in the program m ade after
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189189 December 1 shall be granted, but funding for scholarships requested
190190 after December 1 shall not be available until the beginning of the
191191 next school year. The request shall be through a communication
192192 directly to the Department in a manner that cre ates a written or
193193 electronic record of the request and the date of receipt of the
194194 request. The Department shall notify the school district upon
195195 receipt of the request. For purposes of continuity of educational
196196 choice, the scholarship shall remain in forc e until the student
197197 returns to a public school, graduates from high school or reaches
198198 the age of twenty-two (22), whichever occurs first. At any time,
199199 the parent or legal guardian of the student may remove the student
200200 from the private school and place the student in another private
201201 school that is eligible for the program as provided in subsection H
202202 of this section or place th e student in a public school.
203203 C. A student shall be eligible for a scholarship if the parent
204204 or legal guardian of the student made a request for a scholarship
205205 for the 2010-2011 school year and the student transferred to an
206206 eligible private school but was subsequently denied a scholarship
207207 because the student did not have an IEP in effect on October 1,
208208 2009, but did meet all other eligib ility requirements as set forth
209209 in the Lindsey Nicole Henry Scholarships for Students with
210210 Disabilities Program Act.
211211 D. A student shall not be eligible for a Lind sey Nicole Henry
212212 Scholarship if the student is not having regular and direct contact
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239239 with the private school teachers at the physical location of the
240240 private school.
241241 E. School districts shall notify the parent or le gal guardian
242242 of a public school student with a disability of all options
243243 available pursuant to this section and inform the parent or legal
244244 guardian of the availability of information about the program from
245245 the State Department of Education through the toll -free telephone
246246 number or website. The notification shall be provided with or
247247 included in the copy of the "Parents Rights in Special Education:
248248 Notice of Procedural Safeguards " document given to parents at least
249249 annually or as otherwise required by law.
250250 F. 1. Acceptance of a Lindsey Nicole He nry Scholarship shall
251251 have the same effect as a parental revocation of consent to service
252252 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
253253 IDEA.
254254 2. Upon acceptance of a Lindsey Nicole Henry Scholarsh ip, the
255255 parent or legal guardian shall a ssume full financial responsibility
256256 for the education of the student, including but not limit ed to
257257 transportation to and from the private school.
258258 G. If the parent or legal guardian requests a Lindsey Nicole
259259 Henry Scholarship and the student is accepted by the private school
260260 pending the availability of a space for the student, the parent or
261261 legal guardian of the student shall notify the State Department of
262262 Education before entering the private school and before Decemb er 1
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289289 in order to be eligible for the sch olarship during the school year
290290 when a space becomes available for the student in the private
291291 school. If notification is made after December 1, payment of the
292292 scholarship shall not begin until the next school year.
293293 H. 1. To be eligible to participate in the Lindsey Nicole
294294 Henry Scholarships for Students with Disabilities Program, a private
295295 school shall notify the State Department of Education of its intent
296296 to participate. The notice shall specify the grade levels and
297297 services that the private school has available for students with
298298 disabilities who are participating in the scholarship program. The
299299 State Department of Education shall approve a private school as
300300 eligible to participate in the scholarship program upon
301301 determination that the private school:
302302 a. meets the accreditation requirements set by the State
303303 Board of Education or another accrediting association
304304 approved by the State Board of Education. The State
305305 Department of Education shall list on its website al l
306306 accrediting associations approved by t he Board,
307307 b. demonstrates fiscal soundness by having been in
308308 operation for one (1) scho ol year or providing the
309309 State Department of Education with a statement by a
310310 certified public accountant confirming that the
311311 private school desiring to participate is in sured and
312312 the owner or owners have sufficient capital or credit
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339339 to operate the school f or the upcoming year by serving
340340 the number of students anticipated with expected
341341 revenues from tuition and other sources that may be
342342 reasonably expected. In lieu of a s tatement, a surety
343343 bond or letter of credit for the amount equal to the
344344 scholarship funds for any quarter may be filed with
345345 the Department,
346346 c. complies with the antidiscrimination provisions of 42
347347 U.S.C., Section 2000d,
348348 d. meets state and local health and safety laws and
349349 codes,
350350 e. will be academically accountable to the parent or
351351 legal guardian for meeting the educational needs of
352352 the student,
353353 f. employs or contracts with teachers who hold
354354 baccalaureate or higher degr ees, or have at least
355355 three (3) years of teaching experience in public or
356356 private schools, or have special skills, knowledge, o r
357357 expertise that qualifies them to provide instruction
358358 in subjects taught,
359359 g. complies with all state laws relating to general
360360 regulation of private schools, and
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387387 h. adheres to the tenets of its published disciplinary
388388 procedures prior to the expulsion of a scholarship
389389 student.
390390 2. Upon approval of a private school, the State Department of
391391 Education shall provide on its website all in formation and material
392392 submitted by the private school with its application.
393393 I. 1. Lindsey Nicole Henry Scholarship Program p articipants
394394 shall comply with the following:
395395 a. the parent or legal guardian shall select the private
396396 school from the schools app roved for eligibility
397397 pursuant to subsection H of this section and apply for
398398 the admission of the child,
399399 b. the parent or legal guardian shall request the
400400 scholarship no later than December 1 of the school
401401 year during which the scholarship is requested,
402402 c. any student participating in the schola rship program
403403 shall attend throughout the school year, unless
404404 excused by the school for illness or other good cause,
405405 and shall comply fully with the code of conduct for
406406 the school,
407407 d. the parent or legal guardian sha ll fully comply with
408408 the parental involvement requirements of the private
409409 school, unless excused by the school for illness or
410410 other good cause, and
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437437 e. upon issuance of a scholarship warrant, the parent or
438438 legal guardian to whom the warrant is made shall
439439 restrictively endorse the warrant to the p rivate
440440 school for deposit into the account of the private
441441 school. The parent or legal guardian may not
442442 designate any entity or individual associated with the
443443 private school as the attorney in fact for the parent
444444 or legal guardian to endorse a warrant. A parent or
445445 legal guardian who fails to comply with this
446446 subparagraph shall forfeit the s cholarship.
447447 2. A participant who fails to comply with this subsection
448448 forfeits the scholarship.
449449 J. Provisions governing payment of a Lindsey Nicole Henry
450450 Scholarship shall be as follows:
451451 1. The State Department of Education shall calculate the total
452452 cost of all scholarships for all eligible students in the state.
453453 The State Department of Education shall then reserve or retain fro m
454454 the total amount appropriated to the S tate Board of Education for
455455 State Aid purposes and any other revenue available for allo cation
456456 for State Aid purposes the total cost for all scholarship payments;
457457 2. The maximum scholarship granted for an eligible st udent with
458458 disabilities shall be a calcu lated amount equivalent to the total
459459 State Aid factors for the applicable school year m ultiplied by the
460460 grade and disability weights generated by that student for the
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487487 applicable school year. The disability weights u sed in calculating
488488 the scholarship amoun t shall include all disability weights which
489489 correspond to the disabilities included in the multidisciplinary
490490 evaluation and eligibility group summary for the student at the time
491491 the request for a scholarship is made by the parent or legal
492492 guardian. The maximum scholarship amount shall be calculated by the
493493 State Board of Education for each year the student is participating
494494 in the scholarship program;
495495 3. The amount of the scholarship shall be the amount calculated
496496 in paragraph 2 of this subsection or the a mount of tuition and fees
497497 for the private school, whichever is less, minus up to two an d one-
498498 half percent (2 1/2%) of the scholarship amount which may be
499499 retained by the State Department of Education as a fee for
500500 administrative services rendered. The amou nt of any assessment fee
501501 required by the private school and the amount associated with
502502 providing services and therapies to address the disabilities of the
503503 student may be paid from the total amount of the scholarship. The
504504 amount of the scholarship shall be prorated to reflect the number of
505505 days remaining in the current school year, if the sc holarship
506506 request is granted after the beginning of the school year;
507507 4. The State Department of Education shall notify the priva te
508508 school of the amount of the scholarsh ip within ten (10) days after
509509 receiving the request for a scholarship, when the total S tate Aid
510510 factors have been determined for the current fiscal year. The
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537537 initial payment shall be made after the Department verifi es
538538 admission acceptance and enrollment. Quarterly payments shall be
539539 made upon verification of continued enrollment and attenda nce at the
540540 private school. Payment shall be made by the Department with an
541541 individual warrant made payable to the parent or lega l guardian of
542542 the student and mailed by the Department to the private school that
543543 the parent or legal guardian chooses. The pa rent or legal guardian
544544 shall restrictively endorse the warrant to the private school for
545545 deposit into the account of the private school;
546546 5. The State Department of Educ ation shall not be responsible
547547 for any additional costs associated with special educati on and
548548 related services incurred by the private school for the student
549549 including the cost of teachers, equipment, material, and s pecial
550550 costs associated with the special education class;
551551 6. The State Department of Education shall establish a toll-
552552 free telephone number or website that provides parents or legal
553553 guardians and private schools with information about the program;
554554 7. The State Department of Education shall req uire an annual,
555555 notarized, sworn compliance statement by participating pri vate
556556 schools certifying compliance with state laws and shall retain all
557557 records received from a participating private school. The State
558558 Department of Education shall post on its web site the annual
559559 compliance statement for each participating private school ; and
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586586 8. The State Department of Education shall cross -check the list
587587 of participating scholarship students with the public school
588588 enrollments prior to each scholarship payment to a void duplication.
589589 K. 1. The State Superintendent of Public Instruction s hall
590590 deny, suspend, or revoke the participation of a private school in
591591 the scholarship program if it is determined that the private school
592592 has failed to comply with the provisions of this section. However,
593593 in instances in which the noncompliance is correc table within a
594594 reasonable amount of time and in which the health, safety, or
595595 welfare of the students is not threatened, the Superintendent may
596596 issue a notice of noncompliance which s hall provide the private
597597 school with a time frame within which to provide evidence of
598598 compliance prior to taking action to suspend or revoke participation
599599 in the scholarship program.
600600 2. If the Superintendent intends to deny, suspend, or revoke
601601 the participation of a private school in the scholarship program,
602602 the Department shall notify the private school of the proposed
603603 action in writing by certified mail and regular mail to the private
604604 school's address of record wit h the Department. The Department
605605 shall also notify any parents or legal guardians of scholarship
606606 students attending the private school. The notification shall
607607 include the reasons for the proposed action and notice of the
608608 timelines and procedures set fort h in this subsection.
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635635 3. The private school that is adversely affected by the
636636 proposed action shall have fifteen (15) days from receipt of the
637637 notice of proposed action to file with the Department a request for
638638 an administrative hearing proceeding pursuan t to the Administrative
639639 Procedures Act.
640640 4. Upon receipt of a request for a hearing, the State Board of
641641 Education shall commence a hearing within sixty (60) days after the
642642 receipt of the formal written request and enter an order within
643643 thirty (30) days aft er the hearing.
644644 5. The Board may immedi ately suspend payment of scholarship
645645 funds if it is determined that there is probable cause to believe
646646 that there is an imminent threat to the health, safety, or welfare
647647 of the students or fraudulent activity on the part of the private
648648 school.
649649 L. No liability shall arise on the part of the state, the State
650650 Board of Education, t he State Department of Education or a school
651651 district based on the award or use of any scholarship provided
652652 through the Lindsey Nicole Henry S cholarships for Students with
653653 Disabilities Program.
654654 M. The inclusion of private schools within options available to
655655 public school students in Oklahoma shall not expand the regulatory
656656 authority of the state or any school district to impose any
657657 additional regulation of private schools beyond thos e reasonably
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684684 necessary to enforce the requirements expressly set forth in this
685685 section.
686686 N. If the State Department of Education determines that a
687687 school district prior to the effective date of this act August 26,
688688 2011, has failed to comply with the provis ions of the Lindsey Nicole
689689 Henry Scholarships for Students with Disabilities Program Act and
690690 has failed to make full or partial scholarship payments for eligible
691691 students, the Department shall have authority to reduc e the amount
692692 of State Aid allocated to t he school district or require the school
693693 district to make repaym ent to the Department of State Aid
694694 allocations in an amount equal to the amount of scholarship payments
695695 the school district failed to make. The Departm ent shall make
696696 payment to the parent or legal guardian in the amount the school
697697 district failed to make in the manner as provided for in subsection
698698 J of this section.
699699 O. The State Department of Education shall annually prepare and
700700 post on its website a re port of the Lindsey Nicole Henry
701701 Scholarships for Students with Disabilities Program. The annual
702702 report shall include, but not be limited to, the following
703703 information:
704704 1. The total number and amount of scholarships awarded and
705705 reported for each participat ing private school;
706706 2. The total number of scholarships denied;
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733733 3. The total number and amount of schola rship payments
734734 suspended for each participating private school; and
735735 4. Data on participating students, disaggregated by years of
736736 participation in the program, grade level, economically
737737 disadvantaged status, racial and ethnic groups and disability
738738 category.
739739 SECTION 2. This act shall become effective November 1, 2022.
740740
741741 58-2-8465 EK 10/29/21