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ENGROSSED SENATE
BILL NO. 358 By: Daniels of the Senate
and
Echols and Conley of the
House
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 eligibility for the program; removing
requirement for prior public school year attendance;
providing certain exemption t o certain students;
modifying reference to weights to be used in certain
calculation; providing for calculation of scholarship
amount if certain private school does not charge
tuition; and updating statutory language .
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 Pro gram.
The Lindsey Nicole Henry Scholarships for Students with Disabiliti es
Program is established to provide a s cholarship to a private school
of choice for students with disa bilities for whom an individualized
education program (IEP) in accordance with t he Individuals with
Disabilities Education Act (IDEA) or an individualize d 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 p articipate in the Program
and the IEP is in effect at the time the reques t for a scholarship
is received by the S tate 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 Hen ry Scholarship awarded for the child to enroll
in and attend a private school in accordance with this section and
the scholarship shall be awar ded if:
1. The student has spent the prior school year in attendance at
a public school in this state. For purp oses of this section, “prior
school year in attendance” means t hat the student was enrolled in
and reported by a school district for funding pu rposes during the
preceding school year regardless of whether or not the student had
an IEP at the time the stude nt 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 f rom 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 requirements to
participate as provided for in this section. A student who has been
provided services under an Individual Family Service Plan throu gh
the SoonerStart program and during transition was evaluated and
determined to be eligible for school district services shall be
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exempt from the requirements of this par agraph but shall be required
to meet all other eligibility requirements to participat e as
provided for in this section. A an IEP or individualized service
plan as provided for in subsection A of this section ; provided,
however, a student who was in out -of-home placement with the
Department of Human Services,; who was adopted while in the
permanent custody of the Department of Human Services , an
international child-placing agency, a child-placing agency in this
state, or a federally recogni zed Indian tribe; who is enrolling or
is enrolled in a school that exclusively serves students
experiencing homelessness; 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 not be required to have an IEP or an individualized servi ce
plan; and
2. The parent or legal guard ian 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 re quest 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 Departm ent 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 in which
the student is enrolled, if applica ble, upon receipt of the request.
For purposes of continuity of educational choice, the scholarship
shall remain in force until the student returns to enrolls in 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 th e student made a request for a scholarship
for the 2010-2011 school year and the student transfe rred 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 fo rth
in the Lindsey Nicole Henry Scholarships for Stu dents with
Disabilities Program Act.
D. A student shall not be eligible for a Lindsey Nico le 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 le gal guardian
of a public school student with a d isability of all options
available pursuant to this section and infor m the parent or legal
guardian of the availa bility of information about the program from
the State Department of Education through the toll -free telephone
number or website. The notifica tion 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 Scho larship 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 Scholarsh ip, the
parent or legal guardian shall assume fu ll 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 pri vate school
pending the availability of a space for the student, the parent or
legal guardian of the student shal l notify the State Department of
Education before entering the private school and before December 1
in order to be eligible for the scholarship during the school year
when a space becomes available for the studen t 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 Lin dsey Nicole
Henry Scholarships for Students with Disabilities Program , a private
school shall notify the State De partment of Education of its intent
to participate. The notice shall specify the grade levels and
services that the private school has availab le for students with
disabilities who are participating in the schola rship program. The
State Department of Educ ation 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 o r 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 the 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 that the
private school desiring to participate is insured an d
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 statement , a surety
bond or letter of credit for the amount equal to the
scholarship funds for any quarter may be filed wi th
the Department,
c. complies with the antidiscrimi nation provisions of 42
U.S.C., Section 2000d,
d. meets state and local health and safety l aws and
codes,
e. will be academically accountable to the parent or
legal guardian for meeting the educational ne eds of
the student,
f. employs or contracts with teachers who hold
baccalaureate or highe r degrees, or have at least
three (3) years of teachin g 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
h. adheres to the tenets of its published disciplinary
procedures prior to the expul sion of a scholarship
student.
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2. Upon approval of a private school, the State Depa rtment 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 guardi an shall select the private
school from the schools approved for eligibility
pursuant to subsection H o f 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 sc hool
year during which the scholarship is requested,
c. any student participating in the scholarship pr ogram
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 ful ly comply with
the parental involvement re quirements of the private
school, unless excused by the school for il lness or
other good cause, and
e. upon issuance of a scholarship warrant, the p arent 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 t he
private school as the attorney in fact for the parent
or legal guardian to endorse a warrant. A parent o r
legal guardian who fails to comply with this
subparagraph shall for feit the scholarship.
2. A participant who fails to comply with this subsectio n
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 elig ible students in the state.
The State Department of Education shall then reserve or retain from
the total amount appropriated to the State Boa rd of Education for
State Aid purposes and any other revenue availabl e for allocation
for State Aid purposes the total cost for all scholarship paym ents;
2. The maximum scholarship granted for an eligible student with
disabilities shall be a calculated am ount equivalent to the total
State Aid factors for the applicable sch ool year multiplied by the
grade and disability weights generated by that for which the student
is eligible for the 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
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the multidisciplinary evaluation and eligi bility 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 sc holarship program;
3. The amount of the scholarship shall be the amount calculated
in paragraph 2 of this s ubsection 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 scholars hip amount which may be
retained by the State Department of Educat ion as a fee for
administrative services r endered. If a private school does not
charge tuition, the amount of the scholarship shall be the am ount
calculated in paragraph 2 of this subsection minus up to two and
one-half percent (2 1/2%) of the scholarship amount which may be
retained by the State Department of Ed ucation as a fee for
administrative services rendered. The amount 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 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 begi nning of the school year;
4. The State Department of Education shall notify the private
school of the amount of the scholarship within ten (10) days after
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receiving the request for a scholarship, when t he total State Aid
factors have been determined for t he 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 a nd attendance at the
private school. Payment shall b e made by the Department with a n
individual warrant made payable to the parent or legal guardian of
the student and mailed by the Department to the private sc hool that
the parent or legal guardian choose s. The parent or legal guardian
shall restrictively endorse the warrant to the priv ate 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 speci al education and
related services incurred by the pri vate 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 tol l-
free telephone number or website that provides pare nts or legal
guardians and private schools with information about the program;
7. The State Department of E ducation shall require an annual,
notarized, sworn compliance statement by participating privat e
schools certifying compliance with state laws and s hall retain all
records received from a participating private school. The State
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Department of Education sha ll post on its website the annual
compliance statement for each participating private school; a nd
8. The State Department of Education shall cross -check the list
of participating scholarship students with the public school
enrollments prior to each schola rship payment to avoid duplication.
K. 1. The State Superintendent of Public Instruction shal l
deny, suspend, or revoke the participation of a pri vate 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 correctab le within a
reasonable amount of time and in which th e health, safety, or
welfare of the students is not threatened, the Superintendent may
issue a notice of non compliance which shall 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 Superintendent intends to deny, suspend, or revoke
the participation of a private school in th e scholarship program,
the Department shall n otify the private school of the proposed
action in writing by certified mail and reg ular 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
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include the reasons for the proposed act ion 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 r equest for
an administrative hearing proceeding pursuant to the Administrativ e
Procedures Act.
4. Upon receipt of a request fo r a hearing, the State Board of
Education shall commence a hearing within sixty (60) days after th e
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 scholar ship
funds if it is determined that there is probable cause to believe
that there is an imminent t hreat 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 Stude nts 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
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additional regulation of private schools beyond those reasonably
necessary to enforce the requirements expressly set forth in thi s
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 provisions of the Lindsey Nicole
Henry Scholarships for Students with Disabilities Progra m Act and
has failed to make full or partial s cholarship payments for eligibl e
students, the Department shall have authority to reduce the amount
of State Aid allocated to the school district or require t he school
district to make repayment to the Departme nt of State Aid
allocations in an amount equal to the amount of scholarship p ayments
the school district failed to make. The Department shall make
payment to the parent or legal guardian in the amount th e school
district failed to make in the manner as pr ovided for in subsection
J of this section.
O. The State Department of Educa tion shall annually prepare and
post on its website a report of Lindsey Nicol e Henry Scholarships
for Students with Disabilitie s 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;
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3. The total number and amount of scholarship payments
suspended for each participating private school; a nd
4. Data on participating st udents, disaggregated by years of
participation in the program, grade level, economically
disadvantaged status, racial and ethn ic groups, and disability
category.
Passed the Senate the 13th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ da y of __________,
2023.
Presiding Officer of the House
of Representatives