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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (202 2)
HOUSE BILL 3431 By: Osburn
AS INTRODUCED
An Act relating to the Lindsey Nicole Henry
Scholarships for Students with Disabilities Program;
amending 70 O.S. 2021, Section 13-101.2, which
relates to program eligibility; removing requir ement
that student spend the prior year enrolled in a
public school; updating reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 13 -101.2, is
amended to read as follows:
Section 13-101.2 A. There is hereby created the Lindsey Nicole
Henry Scholarships for Students with Disabilities Progra m. The
Lindsey Nicole Henry Scholarsh ips for Students with Disabilities
Program is established to provide a scholarship to a private school
of choice for students with disabilities for whom an individualized
education program (IEP) in accordance with the Individuals with
Disabilities Educatio n Act (IDEA) or an individualized service plan
pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
has been developed at any time prior to notifying the State
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Department of Education of the intent to part icipate in the Program
and the IEP is in effect at the time the request for a scholarship
is received by the State Department of Educ ation. Scholarships
shall be awarded beginning with the 2010 -2011 school year.
B. The parent or legal guardian of a publi c school student with
a disability may exercise their parental option and request to have
a Lindsey Nicole Henry Scholarship awarded for the child to enroll
in and attend a private school in accordance with this section , and
the scholarship shall be awarde d if the student:
1. a. The student has spent the prior school year in
attendance at a public school in this state. For
purposes of this section, "prior school year in
attendance" means that the student was enrolled in and
reported by a school distric t for funding purposes
during the preceding school year regardless of whether
or not the student had an IEP at the time the student
was counted for funding purposes. A student who is a
child of a member of the United States Armed Forces
who transfers to a school in this state from out of
state or from a foreign country pursuant to a
permanent change of station orders of the parent shall
be exempt from the requirements of this paragraph but
shall be required to meet all other eligibility
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requirements to participate as provided for in this
section. A student who,
b. has been provided services under an Individual Family
Service Plan through the SoonerStart program and
during transition was evaluated and determined to be
eligible for school district services shall be exempt
from the requirements o f this paragraph but shall be
required to meet all other eligibility requirements to
participate as provided for in this section. A
student who,
c. was in out-of-home placement with the Department of
Human Services, who or was adopted while in the
permanent custody of the Department of Human Services ,
or who
d. was in out-of-home placement with t he Office of
Juvenile Affairs shall be exempt from the requirements
of this paragraph but shall be required to meet all
other eligibility requirements to participa te as
provided for in this section ; and
2. The parent or legal guardian has obtained accepta nce for
admission of the student to a private school that is eligible for
the program as provided in subsection H of this s ection and has
notified the State Depart ment of Education of the request for a
scholarship. Requests to participate in the program m ade after
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December 1 shall be granted, but funding for scholarships requested
after December 1 shall not be available until the beginning of the
next school year. The request shall be through a communication
directly to the Department in a manner that cre ates a written or
electronic record of the request and the date of receipt of the
request. The Department shall notify the school district upon
receipt of the request. For purposes of continuity of educational
choice, the scholarship shall remain in forc e until the student
returns to a public school, graduates from high school or reaches
the age of twenty-two (22), whichever occurs first. At any time,
the parent or legal guardian of the student may remove the student
from the private school and place the student in another private
school that is eligible for the program as provided in subsection H
of this section or place th e student in a public school.
C. A student shall be eligible for a scholarship if the parent
or legal guardian of the student made a request for a scholarship
for the 2010-2011 school year and the student transferred to an
eligible private school but was subsequently denied a scholarship
because the student did not have an IEP in effect on October 1,
2009, but did meet all other eligib ility requirements as set forth
in the Lindsey Nicole Henry Scholarships for Students with
Disabilities Program Act.
D. A student shall not be eligible for a Lind sey Nicole Henry
Scholarship if the student is not having regular and direct contact
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with the private school teachers at the physical location of the
private school.
E. School districts shall notify the parent or le gal guardian
of a public school student with a disability of all options
available pursuant to this section and inform the parent or legal
guardian of the availability of information about the program from
the State Department of Education through the toll -free telephone
number or website. The notification shall be provided with or
included in the copy of the "Parents Rights in Special Education:
Notice of Procedural Safeguards " document given to parents at least
annually or as otherwise required by law.
F. 1. Acceptance of a Lindsey Nicole He nry Scholarship shall
have the same effect as a parental revocation of consent to service
pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
IDEA.
2. Upon acceptance of a Lindsey Nicole Henry Scholarsh ip, the
parent or legal guardian shall a ssume full financial responsibility
for the education of the student, including but not limit ed to
transportation to and from the private school.
G. If the parent or legal guardian requests a Lindsey Nicole
Henry Scholarship and the student is accepted by the private school
pending the availability of a space for the student, the parent or
legal guardian of the student shall notify the State Department of
Education before entering the private school and before Decemb er 1
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in order to be eligible for the sch olarship during the school year
when a space becomes available for the student in the private
school. If notification is made after December 1, payment of the
scholarship shall not begin until the next school year.
H. 1. To be eligible to participate in the Lindsey Nicole
Henry Scholarships for Students with Disabilities Program, a private
school shall notify the State Department of Education of its intent
to participate. The notice shall specify the grade levels and
services that the private school has available for students with
disabilities who are participating in the scholarship program. The
State Department of Education shall approve a private school as
eligible to participate in the scholarship program upon
determination that the private school:
a. meets the accreditation requirements set by the State
Board of Education or another accrediting association
approved by the State Board of Education. The State
Department of Education shall list on its website al l
accrediting associations approved by t he Board,
b. demonstrates fiscal soundness by having been in
operation for one (1) scho ol year or providing the
State Department of Education with a statement by a
certified public accountant confirming that the
private school desiring to participate is in sured and
the owner or owners have sufficient capital or credit
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to operate the school f or the upcoming year by serving
the number of students anticipated with expected
revenues from tuition and other sources that may be
reasonably expected. In lieu of a s tatement, a surety
bond or letter of credit for the amount equal to the
scholarship funds for any quarter may be filed with
the Department,
c. complies with the antidiscrimination provisions of 42
U.S.C., Section 2000d,
d. meets state and local health and safety laws and
codes,
e. will be academically accountable to the parent or
legal guardian for meeting the educational needs of
the student,
f. employs or contracts with teachers who hold
baccalaureate or higher degr ees, or have at least
three (3) years of teaching experience in public or
private schools, or have special skills, knowledge, o r
expertise that qualifies them to provide instruction
in subjects taught,
g. complies with all state laws relating to general
regulation of private schools, and
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h. adheres to the tenets of its published disciplinary
procedures prior to the expulsion of a scholarship
student.
2. Upon approval of a private school, the State Department of
Education shall provide on its website all in formation and material
submitted by the private school with its application.
I. 1. Lindsey Nicole Henry Scholarship Program p articipants
shall comply with the following:
a. the parent or legal guardian shall select the private
school from the schools app roved for eligibility
pursuant to subsection H of this section and apply for
the admission of the child,
b. the parent or legal guardian shall request the
scholarship no later than December 1 of the school
year during which the scholarship is requested,
c. any student participating in the schola rship program
shall attend throughout the school year, unless
excused by the school for illness or other good cause,
and shall comply fully with the code of conduct for
the school,
d. the parent or legal guardian sha ll fully comply with
the parental involvement requirements of the private
school, unless excused by the school for illness or
other good cause, and
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e. upon issuance of a scholarship warrant, the parent or
legal guardian to whom the warrant is made shall
restrictively endorse the warrant to the p rivate
school for deposit into the account of the private
school. The parent or legal guardian may not
designate any entity or individual associated with the
private school as the attorney in fact for the parent
or legal guardian to endorse a warrant. A parent or
legal guardian who fails to comply with this
subparagraph shall forfeit the s cholarship.
2. A participant who fails to comply with this subsection
forfeits the scholarship.
J. Provisions governing payment of a Lindsey Nicole Henry
Scholarship shall be as follows:
1. The State Department of Education shall calculate the total
cost of all scholarships for all eligible students in the state.
The State Department of Education shall then reserve or retain fro m
the total amount appropriated to the S tate Board of Education for
State Aid purposes and any other revenue available for allo cation
for State Aid purposes the total cost for all scholarship payments;
2. The maximum scholarship granted for an eligible st udent with
disabilities shall be a calcu lated amount equivalent to the total
State Aid factors for the applicable school year m ultiplied by the
grade and disability weights generated by that student for the
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applicable school year. The disability weights u sed in calculating
the scholarship amoun t shall include all disability weights which
correspond to the disabilities included in the multidisciplinary
evaluation and eligibility group summary for the student at the time
the request for a scholarship is made by the parent or legal
guardian. The maximum scholarship amount shall be calculated by the
State Board of Education for each year the student is participating
in the scholarship program;
3. The amount of the scholarship shall be the amount calculated
in paragraph 2 of this subsection or the a mount of tuition and fees
for the private school, whichever is less, minus up to two an d one-
half percent (2 1/2%) of the scholarship amount which may be
retained by the State Department of Education as a fee for
administrative services rendered. The amou nt of any assessment fee
required by the private school and the amount associated with
providing services and therapies to address the disabilities of the
student may be paid from the total amount of the scholarship. The
amount of the scholarship shall be prorated to reflect the number of
days remaining in the current school year, if the sc holarship
request is granted after the beginning of the school year;
4. The State Department of Education shall notify the priva te
school of the amount of the scholarsh ip within ten (10) days after
receiving the request for a scholarship, when the total S tate Aid
factors have been determined for the current fiscal year. The
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initial payment shall be made after the Department verifi es
admission acceptance and enrollment. Quarterly payments shall be
made upon verification of continued enrollment and attenda nce at the
private school. Payment shall be made by the Department with an
individual warrant made payable to the parent or lega l guardian of
the student and mailed by the Department to the private school that
the parent or legal guardian chooses. The pa rent or legal guardian
shall restrictively endorse the warrant to the private school for
deposit into the account of the private school;
5. The State Department of Educ ation shall not be responsible
for any additional costs associated with special educati on and
related services incurred by the private school for the student
including the cost of teachers, equipment, material, and s pecial
costs associated with the special education class;
6. The State Department of Education shall establish a toll-
free telephone number or website that provides parents or legal
guardians and private schools with information about the program;
7. The State Department of Education shall req uire an annual,
notarized, sworn compliance statement by participating pri vate
schools certifying compliance with state laws and shall retain all
records received from a participating private school. The State
Department of Education shall post on its web site the annual
compliance statement for each participating private school ; and
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8. The State Department of Education shall cross -check the list
of participating scholarship students with the public school
enrollments prior to each scholarship payment to a void duplication.
K. 1. The State Superintendent of Public Instruction s hall
deny, suspend, or revoke the participation of a private school in
the scholarship program if it is determined that the private school
has failed to comply with the provisions of this section. However,
in instances in which the noncompliance is correc table within a
reasonable amount of time and in which the health, safety, or
welfare of the students is not threatened, the Superintendent may
issue a notice of noncompliance which s hall provide the private
school with a time frame within which to provide evidence of
compliance prior to taking action to suspend or revoke participation
in the scholarship program.
2. If the Superintendent intends to deny, suspend, or revoke
the participation of a private school in the scholarship program,
the Department shall notify the private school of the proposed
action in writing by certified mail and regular mail to the private
school's address of record wit h the Department. The Department
shall also notify any parents or legal guardians of scholarship
students attending the private school. The notification shall
include the reasons for the proposed action and notice of the
timelines and procedures set fort h in this subsection.
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3. The private school that is adversely affected by the
proposed action shall have fifteen (15) days from receipt of the
notice of proposed action to file with the Department a request for
an administrative hearing proceeding pursuan t to the Administrative
Procedures Act.
4. Upon receipt of a request for a hearing, the State Board of
Education shall commence a hearing within sixty (60) days after the
receipt of the formal written request and enter an order within
thirty (30) days aft er the hearing.
5. The Board may immedi ately suspend payment of scholarship
funds if it is determined that there is probable cause to believe
that there is an imminent threat to the health, safety, or welfare
of the students or fraudulent activity on the part of the private
school.
L. No liability shall arise on the part of the state, the State
Board of Education, t he State Department of Education or a school
district based on the award or use of any scholarship provided
through the Lindsey Nicole Henry S cholarships for Students with
Disabilities Program.
M. The inclusion of private schools within options available to
public school students in Oklahoma shall not expand the regulatory
authority of the state or any school district to impose any
additional regulation of private schools beyond thos e reasonably
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necessary to enforce the requirements expressly set forth in this
section.
N. If the State Department of Education determines that a
school district prior to the effective date of this act August 26,
2011, has failed to comply with the provis ions of the Lindsey Nicole
Henry Scholarships for Students with Disabilities Program Act and
has failed to make full or partial scholarship payments for eligible
students, the Department shall have authority to reduc e the amount
of State Aid allocated to t he school district or require the school
district to make repaym ent to the Department of State Aid
allocations in an amount equal to the amount of scholarship payments
the school district failed to make. The Departm ent shall make
payment to the parent or legal guardian in the amount the school
district failed to make in the manner as provided for in subsection
J of this section.
O. The State Department of Education shall annually prepare and
post on its website a re port of the Lindsey Nicole Henry
Scholarships for Students with Disabilities Program. The annual
report shall include, but not be limited to, the following
information:
1. The total number and amount of scholarships awarded and
reported for each participat ing private school;
2. The total number of scholarships denied;
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3. The total number and amount of schola rship payments
suspended for each participating private school; and
4. Data on participating students, disaggregated by years of
participation in the program, grade level, economically
disadvantaged status, racial and ethnic groups and disability
category.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8465 EK 10/29/21