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ENGROSSED SENATE
BILL NO. 126 By: Daniels of the Senate
and
Martinez of the House
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; removing language
requiring a student to have spent a prior year
enrolled in a public school district to be eligible;
removing certain exemptions to the prior year
enrollment requirement; expanding eligibility to
include students who were placed by a court in
certain guardianship; modifying discrimination
prohibition to which participating private schools
must comply; updating reference ; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2011, Section 13-101.2, as
last amended by Section 1, Chapter 1, O.S.L. 20 20 (70 O.S. Supp.
2020, Section 13-101.2), is amended to read as follows:
Section 13-101.2. A. There is hereby c reated the Lindsey
Nicole Henry Scholarships for Students with Disabilities Program.
The Lindsey Nicole Henry Scholarships for Students with Disabilities
Program is established to provide a scholarship to a private school
of choice for students with disab ilities for whom an individualized
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education program (IEP) in a ccordance with the Individuals with
Disabilities Education Act (IDEA) or an ind ividualized service plan
pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes
has been developed at a ny time prior to notifying the State
Department of Education of the intent to participate in the Pr ogram
and the IEP is in effect at the time the request for a scholarship
is received by the State Department of Education. Scholarshi ps
shall be awarded beg inning with the 2010 -2011 school year.
B. The parent or legal guardian of a public school student with
a disability may exercise their parent al option and request to have
a Lindsey Nicole Henry Scholar ship awarded for the child to enroll
in and attend a private s chool in accordance with this section and
the scholarship shall be awarded 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 district for funding purpose s
during the preceding school year regardle ss 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 countr y pursuant to a
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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 ,
b. has been provided services under an Individ ual Family
Service Plan through the SoonerStart program and
during transition was evaluated and determin ed to be
eligible for school district services shall be exempt
from the requirements of this paragraph but shall be
required to meet all other eligibili ty 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,
d. was placed by a court in the guardianship of another
including a kinship foster home, or who
e. was in out-of-home placement with the Office of
Juvenile Affairs shall be exempt from the re quirements
of this paragraph but shall be r equired to meet all
other eligibility requirements to participate as
provided for in this section; and
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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. Reques ts to participate in the program made after
December 1 shall be granted, but funding for sc holarships requested
after December 1 shall not be available until the beginning of the
next school year. The req uest shall be through a communication
directly to the Department in a manner that creates a written or
electronic record of the request and th e date of receipt of the
request. The Department shall notify the school district upon
receipt of the request. F or 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 t he 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 deni ed a scholarship
because the student did not have an IEP in effect on October 1,
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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 Nicole He nry
Scholarship if the student is not having regu lar and direct contact
with the private school teachers at the physical location of t he
private school.
E. School districts shall notify the parent or legal guardian
of a public school student with a disabi lity of all options
available pursuant to this se ction and inform the parent or legal
guardian of the availability of information abou t the program from
the State Department of Edu cation 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 other wise required by law.
F. 1. Acceptance of a Lindsey Nicole Henry Scholarsh ip shall
have the same effect as a parental revoc ation 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 fi nancial responsibility
for the education of the s tudent, including but not limited to
transportation to and from the private school.
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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 th e student, the parent or
legal guardian of the student shall notify the State Departm ent of
Education before entering the private s chool and before December 1
in order to be eligible for the scholarship duri ng the school year
when a space becomes available for the student in the private
school. If notification is made after December 1, pa yment 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 Disab ilities Program, a private
school shall notify the State Department of Education of i ts intent
to participate. The notice shall sp ecify the grade levels and
services that the private school has available fo r students with
disabilities who are participatin g in the scholarship program. The
State Department of Education shall approve a priv ate school as
eligible to participate in the s cholarship 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 Educa tion. The State
Department of Education shall list on its website all
accrediting associations approved by the Board,
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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 c onfirming that the
private school desiri ng to participate is insured and
the owner or owners have sufficient capital or credi t
to operate the school for the upcoming year by serving
the number of students antic ipated with expected
revenues from tuition and other sources that may be
reasonably expected. In lieu of a statement, a s urety
bond or letter of credit for the amount equ al 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 an d safety laws and
codes,
e. will be academically accountable to the parent o r
legal guardian for meeting the educational n eeds of
the student,
f. employs or contracts with tea chers who hold
baccalaureate or higher degrees, o r have at least
three (3) years of teaching experience in public or
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private schools, or have special skills, knowledge, or
expertise that qualifies them t o 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 ex pulsion of a scholarship
student.
2. Upon approval of a private school, the State Department of
Education shall provide on its website all informat ion and material
submitted by the private school with its application.
I. 1. Lindsey Nicole Henry Scholars hip Program participants
shall comply with the following:
a. the parent or legal guardian shall sel ect 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 scho larship program
shall attend throughout the school year, unless
excused by the school for illness or other good cause,
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and shall comply fully with the code of conduct for
the school,
d. the parent or legal guardian shall ful ly 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
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 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 eli gible students in the state.
The State Department of Education shall then reserve or retain from
the total amount appropriated to the State Board of Education for
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State Aid purposes and any other revenue avail able for allocation
for State Aid purposes the total cost for all scholarship payments;
2. The maximum scholarship granted for an eligible student with
disabilities shall be a cal culated 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 year. The disability weights used in calculating
the scholarship amount shall include all disability weights which
correspond to the disabilitie s included in the multidisciplinary
evaluation and eligibility group summary for the student at the time
the request for a scholarship is made by th e parent or legal
guardian. The maximum scholarship amount shall be calculated by the
State Board of Educat ion for each year the student is participating
in the scholarship program;
3. The amount of the sc holarship 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 th e scholarship amount which may be
retained by the State Department of Education as a fee for
administrative services rendered. The am ount of any assessment fee
required by the private school and the amount ass ociated 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
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days remaining in the current school ye ar, if the scholarship
request is granted afte r the beginning of the school year;
4. The State Department of Education shall notify the private
school of the amount of the scholar ship within ten (10) days after
receiving the request for a scholarship, whe n the total State Aid
factors have been determ ined 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 enrollmen t and attendance at the
private school. Payme nt shall be made by the Department with an
individual warrant made payable to the parent or legal guar dian of
the student and mailed b y the Department to the private school that
the parent or legal guardian cho oses. The parent or legal guardian
shall restrictively endorse the warrant to the private school f or
deposit into the account of the private school ;
5. The State Department of Ed ucation shall not be responsible
for any additional costs associated with sp ecial 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 speci al education class;
6. The State Department of Education shall establish a toll-
free telephone number or website that pro vides parents or legal
guardians and private schools with information about the program;
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7. The State Department of Education shall r equire an annual,
notarized, sworn compliance statement by participating pri vate
schools certifying compliance with state laws and shall retain all
records received from a par ticipating private school. The State
Department of Education shall post on its w ebsite the annual
compliance statement for each participating private school ; and
8. The State Department of Education sh all cross-check the list
of participating scholarship students with the public school
enrollments prior to each scholarship payment to avoid duplication.
K. 1. The State Superintendent of Public Instruction s hall
deny, suspend, or revoke the participatio n of a private school in
the scholarship program if i t 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 i n which the health, safety, or
welfare of the student s is not threatened, 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 de ny, 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
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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 noti ce of the
timelines and procedures set forth in t his 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
an administrative hearing proceeding pursuant to t he Administrative
Procedures Act.
4. Upon receipt of a request for a hearing, the State Board of
Education shall commence a hearing within sixty (60) day s after the
receipt of the formal written request and enter an order within
thirty (30) days after the hearing.
5. The Board may imme diately 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 o f 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 Scholar ships for Students with
Disabilities Program.
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M. The inclusion of private schools within options available to
public school students in Oklahoma shall no t expand the regulatory
authority of the state or any school district to impose any
additional regulation of private schools beyond th ose reasonably
necessary to enforce the requirements expressly set forth in this
section.
N. If the State Department of E ducation determines that a
school district prior to the effective date of this act August 26,
2011, has failed to comply with the prov isions of the Lindsey Nicole
Henry Scholarships for Students with Disabiliti es Program Act and
has failed to make full or partial scholarship payments for eligible
students, the Department shall 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 amo unt equal to the amount of scholarship payments
the school district failed to make. The Department sh all make
payment to the parent o r legal guardian in the amount the school
district failed to make in the man ner as provided for in subsection
J of this section.
O. The State Department of Education shall an nually prepare and
post on its website a report o f Lindsey Nicole Henry Scholarsh ips
for Students with Disabilities Program. The annual report shall
include, but not be limited to, the following informa tion:
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1. The total number and amount of scholarships awarded and
reported for each participating priv ate school;
2. The total number of scholarships denied;
3. The total number and amount of scholarship paym ents
suspended for each participating private school; and
4. Data on participating students, disag gregated 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 effe ctive 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 thi s act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives