Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB358 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. S. B. NO. 358 Page 1 1
	3	+	SENATE FLOOR VERSION - SB358 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 358 By: Daniels of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	March 1, 2023
	31	+	AS AMENDED
	32	+
	33	+	SENATE BILL NO. 358 By: Daniels of the Senate
30	34
31	35		and
32	36
33	37		Echols and Conley of the
34	38		House
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38		-	An Act relating to the Lindsey Nicole Henry
39		-	Scholarships for Students with Disabilities Program;
40		-	amending 70 O.S. 2021, Section 13 -101.2, which
41		-	relates to eligibility for the program; removing
42		-	requirement for prior public school year attendance;
43		-	providing certain exemption t o certain students;
44		-	modifying reference to weights to be used in certain
45		-	calculation; providing for calculation of scholarship
46		-	amount if certain private school does not charge
47		-	tuition; and updating statutory language .
	42	+
	43	+	[ Lindsey Nicole Henry Scholarships for Students with
	44	+	Disabilities Program - eligibility - exemption -
	45	+	calculation - effective date -
	46	+	emergency ]
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52	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	52		SECTION 1. AMENDATORY 70 O.S. 2021, Section 13 -101.2, is
54	53		amended to read as follo ws:
55	54		Section 13-101.2. A. There is hereby created the Lindsey
56	55		Nicole Henry Scholarships for Students with Disabilities Pro gram.
57	56		The Lindsey Nicole Henry Scholarships for Students with Disabilities
58	57		Program is established to provide a s cholarship to a priv ate school
59	58		of choice for students with disa bilities for whom an individualized
60	59		education program (IEP) in accordance with t he Individuals with
61	60		Disabilities Education Act (IDEA) or an individualized service p lan
62	61		pursuant to Section 1 -4-704 of Title 10A of t he Oklahoma Statutes
63	62		has been developed at any time prior to notifying the State
	63	+	Department of Education of the intent to p articipate in the Program
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90		-	Department of Education of the intent to p articipate in the Program
91	91		and the IEP is in effect at the time the request for a sch olarship
92	92		is received by the S tate Department of E ducation. Scholarships
93	93		shall be awarded beginning with the 2010-2011 school year.
94	94		B. The parent or legal guardian of a public school student with
95	95		a disability may exercise their parental option and request to have
96	96		a Lindsey Nicole Hen ry Scholarship award ed for the child to enroll
97	97		in and attend a private school in accordance with this section and
98	98		the scholarship shall be awar ded if:
99	99		1. The student has spent the prior school year in attendance at
100	100		a public school in this state. For purp oses of this section, “prior
101	101		school year in attendance” means t hat the student was enrolled in
102	102		and reported by a school district for funding pu rposes during the
103	103		preceding school year regardless of whether or not the student had
104	104		an IEP at the time the stude nt was counted for funding purposes. A
105	105		student who is a child of a member of the United States Armed Forces
106	106		who transfers to a school in this state from out of state or f rom a
107	107		foreign country pursuant to a permanent change of station orders of
108	108		the parent shall be exempt from the requirements of this paragraph
109	109		but shall be required to meet all other eligibility requirements to
110	110		participate as provided for in this section. A student who has been
111	111		provided services under an Individual Family Service Plan throu gh
112	112		the SoonerStart program and during transition was evaluated and
113	113		determined to be eligible for school district services shall be
	114	+	exempt from the requirements of this par agraph but shall be required
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140		-	exempt from the requirements of this par agraph but shall be required
141	142		to meet all other eligibility requirements to participat e as
142	143		provided for in this section . A an IEP or individualized service
143	144		plan as provided for in subsection A of this section ; provided,
144	145		however, a student who was in out -of-home placement with the
145	146		Department of Human Services ,; who was adopted while in the
146	147		permanent custody of the Department of Human Services , an
147	148		international child-placing agency, a child-placing agency in this
148	149		state, or a federally recogni zed Indian tribe; who is enrolling or
149	150		is enrolled in a school that exclusive ly serves students
150	151		experiencing homelessness; or who was in out-of-home placement with
151	152		the Office of Juvenile Affairs shall be exempt from the requirements
152	153		of this paragraph but shall be required to meet all other
153	154		eligibility requirements to participate as provided for in this
154	155		section not be required to have an IEP or an individualized servi ce
155	156		plan; and
156	157		2. The parent or legal guard ian has obtained acceptance for
157	158		admission of the student to a private school that is eligible for
158	159		the program as provided in subsection H of this section and has
159	160		notified the State Department of Education of the re quest for a
160	161		scholarship. Requests to participate in the program made after
161	162		December 1 shall be granted, but funding for scholarships requested
162	163		after December 1 shall not be available until the beginning of the
163	164		next school year. The request shall be through a communication
	165	+	directly to the Departm ent in a manner that creates a written or
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190		-	directly to the Departm ent in a manner that creates a written or
191	193		electronic record of the request and the date of receipt of the
192	194		request. The Department shall notify the school district in which
193	195		the student is enrolled, if applica ble, upon receipt of the request.
194	196		For purposes of continuity of educational choice, the scholarship
195	197		shall remain in force until the student returns to enrolls in a
196	198		public school, graduates from high school , or reaches the age of
197	199		twenty-two (22), whichever occurs first. At any time, the parent or
198	200		legal guardian of the student may remove the student from the
199	201		private school and place the student in another private school that
200	202		is eligible for the program as provided in subsection H of this
201	203		section or place the student in a public school.
202	204		C. A student shall be eligible for a scholarship if the parent
203	205		or legal guardian of th e student made a request for a scholarship
204	206		for the 2010-2011 school year and the student transferred to an
205	207		eligible private school but was subsequently denied a scholarship
206	208		because the student did not have an IEP in effect on October 1,
207	209		2009, but did meet all other eligibility requirements as set forth
208	210		in the Lindsey Nicole Henry Scholarships for Students with
209	211		Disabilities Program Act.
210	212		D. A student shall not be eligible for a Lindsey Nico le Henry
211	213		Scholarship if the student is not having regular and direct contact
212	214		with the private school teachers at the physical location of the
213	215		private school.
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240	243		E. School districts shall notify the parent or le gal guardian
241	244		of a public school student with a d isability of all options
242	245		available pursuant to this section and infor m the parent or legal
243	246		guardian of the availability of information about the program from
244	247		the State Department of Education through the toll -free telephone
245	248		number or website. The notifica tion shall be provided with or
246	249		included in the copy of the “Parents Rights in Special Education:
247	250		Notice of Procedural Safeguards ” document given to parents at least
248	251		annually or as otherwise required by law.
249	252		F. 1. Acceptance of a Lindsey Nicole Henry Scho larship shall
250	253		have the same effect as a parental revocation of consen t to service
251	254		pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
252	255		IDEA.
253	256		2. Upon acceptance of a Lindsey Nicole Henry Scholarsh ip, the
254	257		parent or legal guardian shall assume fu ll financial responsibility
255	258		for the education of the student , including but not limited to
256	259		transportation to and from the private school.
257	260		G. If the parent or legal guardian requests a Lindsey Nicole
258	261		Henry Scholarship and the student is accepted by the pri vate school
259	262		pending the availability of a space for the student, the parent or
260	263		legal guardian of the student shall notify the State Department of
261	264		Education before entering the private school and before December 1
262	265		in order to be eligible for the scholarship during the school year
263	266		when a space becomes available for the studen t in the private
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290	294		school. If notification is made after December 1, payment of the
291	295		scholarship shall not begin until the next school year .
292	296		H. 1. To be eligible to participate in the Lin dsey Nicole
293	297		Henry Scholarships for Students with Disabilities Program , a private
294	298		school shall notify the State Department of Education of its intent
295	299		to participate. The notice shall specify the grade levels and
296	300		services that the private school has availab le for students with
297	301		disabilities who are participating in the schola rship program. The
298	302		State Department of Education shall approve a private school as
299	303		eligible to participate in the scholarship program upon
300	304		determination that the private school:
301	305		a. meets the accreditation requirements set by the State
302	306		Board of Education o r another accrediting association
303	307		approved by the State Board of Education. The State
304	308		Department of Education shall list on its website al l
305	309		accrediting associations approved by the Board ,
306	310		b. demonstrates fiscal soundness by having been in
307	311		operation for one (1) school year or providing the
308	312		State Department of Education with a statement by a
309	313		certified public accountant confirming that the
310	314		private school desiring to participate is insured an d
311	315		the owner or owners have sufficient capital or credit
312	316		to operate the school for the upcoming year by serving
313	317		the number of students anticipated with expected
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340	345		revenues from tuition and other sources that may be
341	346		reasonably expected. In lieu of a statement , a surety
342	347		bond or letter of credit for the amount equal to the
343	348		scholarship funds for any quarter may be filed with
344	349		the Department,
345	350		c. complies with the antidiscrimination provisions of 42
346	351		U.S.C., Section 2000d,
347	352		d. meets state and local health and safety l aws and
348	353		codes,
349	354		e. will be academically accountable to the parent or
350	355		legal guardian for meeting the educational needs of
351	356		the student,
352	357		f. employs or contracts with teachers who hold
353	358		baccalaureate or highe r degrees, or have at least
354	359		three (3) years of teachin g experience in public or
355	360		private schools, or have special skills, kn owledge, or
356	361		expertise that qualifies them to provide instruction
357	362		in subjects taught,
358	363		g. complies with all state laws relating to g eneral
359	364		regulation of private schools, and
360	365		h. adheres to the tenets of its published disciplinary
361	366		procedures prior to the expul sion of a scholarship
362	367		student.
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389	395		2. Upon approval of a private school, the State Depa rtment of
390	396		Education shall provide on its we bsite all information and material
391	397		submitted by the private school with its application.
392	398		I. 1. Lindsey Nicole Henry Scholarship Program participants
393	399		shall comply with the following:
394	400		a. the parent or legal guardi an shall select the private
395	401		school from the schools approved for eligibility
396	402		pursuant to subsection H o f this section and apply for
397	403		the admission of the child,
398	404		b. the parent or legal guardian shall request the
399	405		scholarship no later than December 1 of the sc hool
400	406		year during which the scholarship is r equested,
401	407		c. any student participating in the scholarship pr ogram
402	408		shall attend throughout the school year, unless
403	409		excused by the school for illness or other good cause,
404	410		and shall comply fully with the code of conduct for
405	411		the school,
406	412		d. the parent or legal guardian shall ful ly comply with
407	413		the parental involvement re quirements of the private
408	414		school, unless excused by the school for il lness or
409	415		other good cause, and
410	416		e. upon issuance of a scholarship warrant, the p arent or
411	417		legal guardian to whom the warrant is made shall
412	418		restrictively endorse the warrant to the private
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439	446		school for deposit into the account of the private
440	447		school. The parent or legal guardian may not
441	448		designate any entity or individual associated with t he
442	449		private school as the attorney in fact for the parent
443	450		or legal guardian to endorse a warrant. A parent o r
444	451		legal guardian who fails to comply with this
445	452		subparagraph shall for feit the scholarship.
446	453		2. A participant who fails to comply with this subsectio n
447	454		forfeits the scholarship.
448	455		J. Provisions governing payment of a Lindsey Nicole Henry
449	456		Scholarship shall be as follows:
450	457		1. The State Department of Education shall calculate the total
451	458		cost of all scholarships for all eligible students in the state.
452	459		The State Department of Education shall then reserve or retain from
453	460		the total amount appropriated to the State Boa rd of Education for
454	461		State Aid purposes and any other revenue availabl e for allocation
455	462		for State Aid purposes the total cost for all scholarship paym ents;
456	463		2. The maximum scholarship granted for an eligible student with
457	464		disabilities shall be a calculated am ount equivalent to the total
458	465		State Aid factors for the applicable sch ool year multiplied by the
459	466		grade and disability weights generated by that for which the student
460	467		is eligible for the applicable school year. The disability weights
461	468		used in calculating the scholarship amount shall include all
462	469		disability weights which correspond to the disabilities i ncluded in
463	470
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489	497		the multidisciplinary evaluation and eligi bility group summary for
490	498		the student at the time the request for a scholarship is made by the
491	499		parent or legal guardian. The maximum scholarship amount shall be
492	500		calculated by the State Board of Education for each year the student
493	501		is participating in the sc holarship program;
494	502		3. The amount of the scholarship shall be the amount calculated
495	503		in paragraph 2 of this s ubsection or the amount of tuition and fees
496	504		for the private school, whichever is less, minus up to two and one-
497	505		half percent (2 1/2%) of the scholars hip amount which may be
498	506		retained by the State Department of Educat ion as a fee for
499	507		administrative services r endered. If a private school does not
500	508		charge tuition, the amount of the scholarship shall be the am ount
501	509		calculated in paragraph 2 of this subsection minus up to two and
502	510		one-half percent (2 1/2%) of the scholarship amount which may be
503	511		retained by the State Department of Ed ucation as a fee for
504	512		administrative services rendered. The amount of any assessment fee
505	513		required by the private school and the amount associ ated with
506	514		providing services and therapies to address the disabilities of the
507	515		student may be paid from the total amount of the scholarship. The
508	516		amount of the scholarship shall be prorated to reflect the number of
509	517		days remaining in the current school year, if the scholarship
510	518		request is granted after the begi nning of the school year;
511	519		4. The State Department of Education shall notify the private
512	520		school of the amount of the scholarship within ten (10) days after
513	521
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539	548		receiving the request for a scholarship, when t he total State Aid
540	549		factors have been determined for t he current fiscal year. The
541	550		initial payment shall be made after the Department verifies
542	551		admission acceptance and enrollment. Quarterly payments shall be
543	552		made upon verification of continued enrollment a nd attendance at the
544	553		private school. Payment shall b e made by the Department with an
545	554		individual warrant made payable to the parent or legal guardian of
546	555		the student and mailed by the Department to the private school that
547	556		the parent or legal guardian choose s. The parent or legal guardian
548	557		shall restrictively endorse the warrant to the private school for
549	558		deposit into the account of the private school;
550	559		5. The State Department of Education shall not be responsible
551	560		for any additional costs associated with speci al education and
552	561		related services incurred by the pri vate school for the student
553	562		including the cost of teachers, equipment, material, and special
554	563		costs associated with the special education class;
555	564		6. The State Department of Education shall establish a tol l-
556	565		free telephone number or website that provides pare nts or legal
557	566		guardians and private schools with information about the program;
558	567		7. The State Department of E ducation shall require an annual,
559	568		notarized, sworn compliance statement by participating privat e
560	569		schools certifying compliance with state laws and s hall retain all
561	570		records received from a participating private school. The State
562	571
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587	597
588	598		Department of Education sha ll post on its website the annual
589	599		compliance statement for each participating private school; a nd
590	600		8. The State Department of Education shall cross -check the list
591	601		of participating scholarship students with the public school
592	602		enrollments prior to each schola rship payment to avoid duplication.
593	603		K. 1. The State Superintendent of Public Instruction shal l
594	604		deny, suspend, or revoke the participation of a pri vate school in
595	605		the scholarship program if it is determined that the private school
596	606		has failed to comply with the provisions of this section. However,
597	607		in instances in which the noncompliance is correctab le within a
598	608		reasonable amount of time and in which th e health, safety, or
599	609		welfare of the students is not threatened, the Superintendent may
600	610		issue a notice of non compliance which shall provide the private
601	611		school with a time frame within which to provide evi dence of
602	612		compliance prior to taking action to suspend or revoke participation
603	613		in the scholarship program.
604	614		2. If the Superintendent intends to deny, suspend, or revoke
605	615		the participation of a private school in the scholarship program,
606	616		the Department shall n otify the private school of the proposed
607	617		action in writing by certified mail and regular mail to the private
608	618		school’s address of record with the Department. The Department
609	619		shall also notify any parents or legal guardians of scholarship
610	620		students attending the private school. The notification shall
611	621
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636	647
637	648		include the reasons for the proposed action and notice of the
638	649		timelines and procedures set forth in this subsection.
639	650		3. The private school that is adversely affected by the
640	651		proposed action shall have fifteen (15 ) days from receipt of the
641	652		notice of proposed action to file with the Department a request for
642	653		an administrative hearing proceeding pursuant to the Administrativ e
643	654		Procedures Act.
644	655		4. Upon receipt of a request for a hearing, the State Board of
645	656		Education shall commence a hearing within sixty (60) days after th e
646	657		receipt of the formal written request and enter an order within
647	658		thirty (30) days after the hearing.
648	659		5. The Board may immediately suspend payment of scholarship
649	660		funds if it is determined that there is probable cause to believe
650	661		that there is an imminent t hreat to the health, safety, or welfare
651	662		of the students or fraudulent activity on the part of the private
652	663		school.
653	664		L. No liability shall arise on the part of the state, the State
654	665		Board of Education, the State Department of Education , or a school
655	666		district based on the award or use of any scholarship provided
656	667		through the Lindsey Nicole Henry Scholarships for Stude nts with
657	668		Disabilities Program.
658	669		M. The inclusion of private schools within options available to
659	670		public school students in Oklahoma shall not expand the regulatory
660	671		authority of the state or any school district to impose any
661	672
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686	698
687	699		additional regulation of private schools beyond those reasonably
688	700		necessary to enforce the requirements expressly set forth in thi s
689	701		section.
690	702		N. If the State Department of Education determines that a
691	703		school district prior to the effective date of this act August 26,
692	704		2011, has failed to comply with the provisions of the Lindsey Nicole
693	705		Henry Scholarships for Students with Disabilities Program Act and
694	706		has failed to make full or partial s cholarship payments for eligible
695	707		students, the Department shall have authority to reduce the amount
696	708		of State Aid allocated to the school district or require the school
697	709		district to make repayment to the Department of State Aid
698	710		allocations in an amount equal to the amount of scholarship payments
699	711		the school district failed to make. The Department shall make
700	712		payment to the parent or legal guardian in the amount the school
701	713		district failed to make in the manner as provided for in subsection
702	714		J of this section.
703	715		O. The State Department of Education shall annually prepare and
704	716		post on its website a report of Lindsey Nicol e Henry Scholarships
705	717		for Students with Disabilities Program. The annual report shall
706	718		include, but not be limited to, the following information:
707	719		1. The total number and amount of scholarships awarded and
708	720		reported for each participating private school;
709	721		2. The total number of scholarships denied;
710	722
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736	749		3. The total number and amount of scholarship payments
737	750		suspended for each participating private school; a nd
738	751		4. Data on participating students, disaggregated by years of
739	752		participation in the program, grade level, economically
740	753		disadvantaged status, racial and ethnic groups , and disability
741	754		category.
742		-	Passed the Senate the 13th day of March, 2023.
743		-
744		-
745		-
746		-	Presiding Officer of the Senate
747		-
748		-
749		-	Passed the House of Representatives the ____ da y of __________,
750		-	2023.
751		-
752		-
753		-
754		-	Presiding Officer of the House
755		-	of Representatives
756		-
	755	+	SECTION 2. This act shall become effective Ju ly 1, 2023.
	756	+	SECTION 3. It being immediately necessary for the prese rvation
	757	+	of the public peace, health, or safety, an emergency is hereby
	758	+	declared to exist, by reason whereof thi s act shall take effect and
	759	+	be in full force from and after i ts passage and approval.
	760	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	761	+	March 1, 2023 - DO PASS AS AMENDED