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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 203 By: Daniels
AS INTRODUCED
An Act relating to the Lindsey Nicole Henry
Scholarships for Students with Disabiliti es 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; allowing a student who
has at least one parent who is incarcerat ed to be
eligible for the program; directing certain
requesting parent or legal guardian to submit certain
documentation to verify the status of certain parent;
updating statutory reference; requiring report to
include certain information; and providing an
effective date.
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 (7 0 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 Lindsey Nicole Henry Scholarships for Students with Disabi lities
Program is established to pro vide a scholarship to a private school
of choice for students with disabilities for whom an individualized
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education program (IEP) in accordance with the Individuals with
Disabilities Education Act (IDEA) or an individua lized 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 in the Program
and the IEP is in effect at the time the re quest for a scholarship
is received by the State Department of Education or for students who
have at least one parent who is incarcerated pursuant to subsec tion
L of this section. Scholarships shall be awarded beginning with the
2010-2011 school year.
B. The parent or legal guardian of a p ublic school student with
a disability or with at least one parent who is incar cerated
pursuant to subsection L of this section 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 se ction 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 sect ion, "prior
school year in attendanc e" means that the student was enrolled in
and reported by a school district 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 fo r funding purposes. A
student who is a child of a member of the United States Armed Fo rces
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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 f rom the requirements of this paragra ph
but shall be required to meet all other eligibil ity requirements to
participate as provided for in this section. A student who has been
provided services under an Individ ual 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 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 was in out-of-home
placement with the Department of Hu man Services, who was adopted
while in the permanent custody of the Department of Human Services
or, who was in out-of-home placement with the Office of Juvenile
Affairs or who has at least one parent who is incarcerated pursuant
to subsection L of this section 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 gu ardian 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 reque st for a
scholarship. Requests to p articipate in the program made 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 Depa rtment 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 continu ity 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 stude nt may remove the student
from the private school and place the student in another priv ate
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 sc holarship if the parent
or legal guardian of the student made a request for a scholarsh ip
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 se t forth
in the Lindsey Nicole Henry Scholarships for Students with
Disabilities Program Act.
D. A student shall not be eligible for a Lindsey 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 legal guardian
of a public school student with a disability or a public school
student who has at least one parent who is incarcerated pursuant to
subsection L of this section of all options available pursuant to
this section and infor m the parent or legal guardian of the
availability of information about the program from the State
Department of Education throug h 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 lea st annually
or as otherwise required by law.
F. 1. Acceptance of a Lindsey Nicole Hen ry Scholarship shall
have the same effect as a parental revocation of consen t 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 as sume full financial responsibility
for the education of the student, includi ng but not limited to
transportation to and from the private school.
G. If the parent or leg al guardian requests a Lindsey Nicol e
Henry Scholarship and the student is accepted by the private school
pending the availability of a space for the student, the parent or
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legal guardian of the student shall notify the State Department of
Education before entering the private school and bef ore December 1
in order to be eligible for the scho larship during the school year
when a space becomes available for the studen t in the private
school. If notification is made after December 1, payment of the
scholarship shall not begin until the next sch ool 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 gra de levels and
services that the private school has available for students with
disabilities who are participating in the schola rship program. The
State Department of Education shall approve a private school as
eligible to participate in the scholarship pr ogram upon
determination that the private school:
a. meets the accreditation requirements set by the State
Board of Education o r 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 th e Board,
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 tha t the
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private school desiring to participate is ins ured 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
revenues from tuition and other source s that may be
reasonably expected. In lieu of a st atement, 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 antidiscr imination provisions of 42
U.S.C., Section 2000d,
d. meets state and local health and s afety 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, kn owledge, 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
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h. adheres to the tenets of its published disciplinary
procedures prior to the expul sion of a scholarship
student.
2. Upon approval of a private school, the State Department of
Education shall provide on its webs ite 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 req uested,
c. any student participating in the scholar ship 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 gu ardian shall fully comply with
the parental involve ment requirements of the private
school, unless excused by the school for il lness 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 mad e shall
restrictively endorse the warrant to the pr ivate
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 p arent or
legal guardian who fails to comply with this
subparagraph shall for feit the scholarship.
2. A participant who fails to comply with this subsection
forfeits the scholarship.
J. Provisions governi ng 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 from
the total amount appropriated to the St ate Board of Education for
State Aid purposes and any other revenue availabl e for allocation
for State Aid purposes the total cost for all scholarship payments;
2. The maximum scholarship granted for an e ligible student with
disabilities shall be a calcul ated amount equivalent to the total
State Aid factors for the applicable sch ool year multiplied by the
grade and disability weights generated by that student for the
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applicable school year. The disability weights used in calculating
the scholarship amount shall include all disability weights which
correspond to the disabilities i ncluded in the multidisciplinary
evaluation and eligibility group summary for the student at the time
the request for a scholarsh ip 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 cal culated
in paragraph 2 of this subsection or the am ount 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 of Education as a f ee for
administrative services rendered. The amoun t of any assessment fee
required by the private school and the amount associ ated with
providing services and therapies to address the disabilities of the
student may be paid from the total amount of the sc holarship. 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 Education shall notify the private
school of the amount of the scholarshi p within ten (10) days after
receiving the request for a scholarship, when t he total State Aid
factors have been determined for the current fiscal year. The
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initial payment shall be made after the Departm ent verifies
admission acceptance and enrollment. Quarterly payments shall be
made upon verification of continued enrollment a nd attendance at the
private school. Payment shall be made by the Department with an
individual warrant made payable to the pare nt or legal guardian of
the student and mailed by t he Department to the private school that
the parent or legal guardian choose s. The parent or legal guardian
shall restrictively endorse the warrant to the private schoo l for
deposit into the account of th e private school;
5. The State Department of Educa tion shall not be responsible
for any additional costs associated with speci al education and
related services incurred by the private school for the student
including the cost of teachers, equipment, mater ial, and special
costs associated with the special education class;
6. The State Department of Education shall establish a tol l-
free telephone number or website that provides parents or legal
guardians and private schoo ls with information about the progra m;
7. The State Department of Education shall requ ire an annual,
notarized, sworn compliance statement by participating privat e
schools certifying compliance with state laws and shall retain all
records received from a participating private school. The S tate
Department of Education shall post on its webs ite the annual
compliance statement for each participating private school; a nd
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8. The State Department of Education shall cross -check the list
of participating scholars hip students with the public school
enrollments prior to each scholarship payment to av oid duplication.
K. 1. The State Superintendent of Public Instruction shal l
deny, suspend, or revoke the participation of a private school in
the scholarship program i f 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 correctab le within a
reasonable amount of time and in which the health, safety , or
welfare of the students is not threatened, the Superint endent may
issue a notice of noncompliance which sh all provide the private
school with a time frame within which to provide evi dence of
compliance prior to taking action to suspend or revoke participation
in the scholarship program.
2. If the Superintende nt intends to deny, suspend , or revoke
the participation of a private school in the scholarship program,
the Department shall n otify 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 n otice of the
timelines and procedure s set forth 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 fo r
an administrative hearing proceedi ng 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 immedia tely 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 activi ty on the part of the private
school.
L. A parent or legal guardian who requests a Lindsey Nicole
Henry Scholarship for a public school student who has at least one
parent who is incarcerated sha ll provide to the State Board of
Education documentation verifying a parent is incarcerated in the
custody of the Department of Corrections, another state 's prison
system or the Federal Bureau of Prisons including but not limited to
the Department of Corrections inmate num ber.
M. 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
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through the Lindsey Nicole Henry Scholarships for Student s with
Disabilities Program.
M. N. 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 those reasonably
necessary to enforce the requirements expressly set forth in this
section.
N. O. 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 provisions of the Lindsey Nicole
Henry Scholarships for Students with Disabil ities 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 d istrict 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 guard ian in the amount the school
district failed to make in the manner as provided for in subsection
J of this section.
O. P. The State Department of Education shall annually prepare
and post on its website a report of Lindse y Nicole Henry
Scholarships for Students with Disabilities Program. The annual
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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 scho ol;
2. The total number of schola rships denied;
3. The total number and amount of scholarshi p 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 or eligibility due to subsection L of this section .
SECTION 2. This act shall become effective September 1, 2021.
58-1-570 EB 12/30/2020 9:46:30 AM