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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 126 By: Daniels of the Senate
and
Martinez of the House
COMMITTEE SUBSTITUTE
An Act relating to the Lindsey Nicole Henry
Scholarships for Students with Disabilities Program;
amending 70 O.S. 2011, Section 13 -101.2, as last
amended by Section 1, Chapter 1, O.S.L. 2020 (70 O.S.
Supp. 2020, Section 13 -101.2), which relates to
eligibility for the program; modifying discrimination
prohibition to which participating private schools
must comply; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 13 -101.2, as
last amended by Section 1, Chapter 1, O.S.L. 2020 (70 O.S. Supp.
2020, 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 Program. The
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Lindsey Nicole Henry Scholarships 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 Individua ls with
Disabilities Education 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
Department of Education of the intent to participate i n the Program
and the IEP is in effect at the time the request for a scholarship
is received by the State Department of Education. Scholarships
shall be awarded beginning with the 2010 -2011 school year.
B. The parent or legal guardian of a public 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 awarded if:
1. 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 district for funding purposes durin g 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 o ut of state or from a
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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 requirements to
participate as provided for in this section. A student who 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 requirem ents of this paragraph but shall be required
to meet all other eligibility requirements to participate as
provided for in this section. A student who was in out -of-home
placement with the Department of Human Services, who was adopted
while in the permanen t custody of the Department of Human Services
or who was in out-of-home placement with the Office of Juvenile
Affairs shall be exempt from the requirements of this paragraph but
shall be required to meet all other eligibility requirements to
participate as provided for in this section; and
2. The parent or legal guardian has obtained acceptance for
admission of the student to a private school that is eligible for
the program as provided in subsection H of this section and has
notified the State Department of Education of the request for a
scholarship. Requests to participate in the program made after
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
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directly to the Department in a manner that creates 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 force 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 the 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 eligibility 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 Lindsey N icole Henry
Scholarship if the student is not having regular and direct contact
with the private school teachers at the physical location of the
private school.
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E. School districts shall notify the parent or legal 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 notif ication 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 Henry S cholarship 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 Scholarship, the
parent or legal guardian shall assume full financial responsibility
for the education of the student, including but not limited 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 December 1
in order to be eligible for the scholars hip during the school year
when a space becomes available for the student in the private
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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 avai lable 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 all
accrediting associations approved by the Bo ard,
b. demonstrates fiscal soundness by having been in
operation for one (1) school 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 insured and
the owner or owners have sufficient capital or credit
to operate the school for the upcoming year by serving
the number of students anticipated with expected
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revenues from tuition and other sources that may be
reasonably expected. In lieu of a statem ent, 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 prohibits discrimination on the
basis of race, color and national origin ,
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 degrees, or have at least
three (3) years of teaching experience in public or
private schools, or have special skills, knowledge, or
expertise that qualifies them to provide instruction
in subjects taught,
g. complies with all state laws relating to general
regulation of private schools, and
h. adheres to the tenets of its published disciplinary
procedures prior to the expulsion of a scholarship
student.
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2. Upon approval of a private school, the State Department of
Education shall provide on its website all information and material
submitted by the private school with its application.
I. 1. Lindsey Nicole Henry Scholarship Program participants
shall comply with the following:
a. the parent or legal guardian shall select the private
school from the schools approved 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 scholarship 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 shall fully comply with
the parental involvement requirements of the private
school, unless excused by the school for illness or
other good cause, and
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 private
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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 attorne y 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 scholarship.
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 shal l then reserve or retain from
the total amount appropriated to the State Board of Education for
State Aid purposes and any other revenue available for allocation
for State Aid purposes the total cost for all scholarship payments;
2. The maximum scholarshi p granted for an eligible student with
disabilities shall be a calculated amount equivalent to the total
State Aid factors for the applicable school year multiplied by the
grade and disability weights generated by that student for the
applicable school yea r. The disability weights used in calculating
the scholarship amount shall include all disability weights which
correspond to the disabilities included in the multidisciplinary
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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 amount of tuition and fees
for the private school, whichever is less, minus up to two and one -
half percent (2 1/2%) of the scholarship amount which may be
retained by the State Department o f Education as a fee for
administrative services rendered. The amount 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 tota l 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 scholarship
request is granted after the beginning of the school year;
4. The State Department of Educ ation shall notify the private
school of the amount of the scholarship within ten (10) days after
receiving the request for a scholarship, when the total State Aid
factors have been determined for the current fiscal year. The
initial payment shall be made after the Department verifies
admission acceptance and enrollment. Quarterly payments shall be
made upon verification of continued enrollment and attendance at the
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private school. Payment shall be made by the Department with an
individual warrant made p ayable to the parent or legal guardian of
the student and mailed by the Department to the private school that
the parent or legal guardian chooses. The parent 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 Education shall not be responsible
for any additional costs associated with special education and
related services incurred by the private school for the student
including the cost of teachers , equipment, material, and special
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 informatio n about the program;
7. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating private
schools certifying compliance with state laws and shall retain all
records received from a participating priv ate school. The State
Department of Education shall post on its website the annual
compliance statement for each participating private school; and
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 avoid duplication.
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K. 1. The State Superintendent of Public Instruction shall
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 correctable within a
reasonable amount of time and in which the health, safety , or
welfare of the students is not threat ened, the Superintendent may
issue a notice of noncompliance which shall 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 with 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 forth in this subsection.
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
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an administrative hearing proceeding pursuant 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 after the hearing.
5. The Board may immediately 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, the State Department of Education or a school
district based on the award or use of any scholarship provided
through the Lindsey Nicole Henry Scholarships 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 distric t to impose any
additional regulation of private schools beyond those reasonably
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,
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2011, has failed to comply with the provisions 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 s hall have authority to reduce the amount
of State Aid allocated to the school district or require the school
district to make repayment to the Department of State Aid
allocations in an amount equal to the amount of scholarship payments
the school district failed to make. The Department 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 report of 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 participating private school;
2. The total number of scholarships denied;
3. The total number and amount of scholarship payments
suspended for each participating private school; and
4. Data on participating students, disaggregated by yea rs of
participation in the program, grade level, economically
disadvantaged status, racial and ethnic groups and disability
category.
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SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-8074 AMM 04/06/21