Req. No. 9644 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3837 By: Pittman
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 13-101.2, which relates to the Lindsey Nicole
Henry Scholarships for Students with Disabilities
Program; extending eligibility to children with
incarcerated parents; requiring certain parents or
legal guardians to submit documentation of parental
incarceration; and providing an effective date .
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 Pr ogram. 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 disabilities for whom an individualized
education program (IEP) in accordance with the Individuals with
Disabilities Education Act (IDEA) or an individualized service p lan
(ISP) pursuant to Section 1 -4-704 of Title 10A of the Oklahoma
Statutes has been developed at any time prior to notifying the State
Req. No. 9644 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Education of the inte nt to participate in the Program
and the IEP or ISP is in effect at the time the request for a
scholarship is received by the State Department of Education , or for
students who have at least one incarcerated parent at the time the
request for a scholarship is received by the Department .
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, on an individualized service plan, or with at least
one incarcerated par ent 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 scholar ship 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 distr ict 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 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 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
Req. No. 9644 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
participate as provided for in this section. A stude nt 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 sha ll 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 Human Services, who was adopted
while in the permanent custody of the Depar tment of Human Services
or, who was in out-of-home placement with the Office of Juvenile
Affairs, or who has at least one incarcerated parent shall be exempt
from the requirements of this paragraph but sh all be required to
meet all other eligibility requir ements 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
directly to the Department in a manner that creates a written or
electronic record of the request and the date of receipt of the
Req. No. 9644 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
request. The Department shall notify the school district upon
receipt of the request. For purposes of continuity of educational
choice, the scholarship shal l 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 an y time,
the parent or legal guardian of the student may remove the student
from the private scho ol and place the student in another private
school that is eligible for the program as provided in subsectio n 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 transferred to an
eligible private school but was subsequently denied a scholarship
because the student did not have an IEP or ISP 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 Nicole 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.
E. School districts shall notify the parent or legal guardian
of a public school student with a disability or a student who has at
least one incarcerated parent of all options available pursuant to
Req. No. 9644 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
this section and infor m 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 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 ann ually
or as otherwise required by law.
F. 1. Acceptance of a Lindsey Nicole Henry 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 assume full financial responsibility
for the education of the student, includi ng but not limited to
transportation to and from the p rivate school.
G. If the parent or legal gua rdian 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 t he State Department of
Education before enter ing 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
school. If notification is made afte r December 1, payment of the
scholarship shall not begin until the next school year.
Req. No. 9644 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 o f Education of its intent
to participate. The notice shall specify the grade 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 shal l 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 Stat e Board of Education. The State
Department of Education shall list on its website all
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 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 sources that may be
reasonably expected. In lieu of a statement, a surety
Req. No. 9644 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 antidiscriminat ion provisions of 42
U.S.C., Section 2000d,
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 teache rs 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 i nstruction
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.
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.
Req. No. 9644 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 il lness or
other good cause, and
e. upon issuance of a s cholarship 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 ind ividual associated with the
Req. No. 9644 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 for feit the scholarship.
2. A participant who fails to c omply 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 stude nts in the state.
The State Department of Ed ucation shall then reserve or retain from
the total amount appropriated to the State 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 eligible student with
disabilities shall be a calculated amount equivalent to the total
State Aid factors for the applicable sch ool year multiplied by the
grade and disability weight s 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 disabilities i ncluded in the multidisciplinary
evaluation and eligib ility group summary for the student at the ti me
the request for a scholarship is made by the parent or legal
guardian. The maximum scholarship amount shall be calculated by the
Req. No. 9644 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
State Board of Education for each year the student is participating
in the scholarship program;
3. The amount of the schol arship 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 scholarsh ip amount which may be
retained by the State Department of Education 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 f rom 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 begin ning of the school year;
4. The State Depart ment of Education shall notify the private
school of the amount of the scholarship within ten (10) days after
receiving the request for a scholarship, when t he total State Aid
factors have been determined for th e 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 be made by the Department with an
individual warrant made payable to the parent or legal guardian of
the student and mailed by the Department to the private school that
Req. No. 9644 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the parent or legal guardian choose s. The parent or legal guardian
shall restrictively e ndorse 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 speci al education and
related services incurred by the priv ate 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 paren ts or legal
guardians and private schools wit h information about the program;
7. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating privat e
schools certifying compliance with state laws and sh all retain all
records received from a partic ipating private school. The State
Department of Education shall 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 st udents with the public school
enrollments prior to each scholarship payment to avoid duplication.
K. 1. The State Superintendent of Public Instruction shal l
deny, suspend, or revoke the participation of a priv ate school in
the scholarship program if it i s determined that the private school
has failed to comply with the provisions of this section. However,
Req. No. 9644 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 i s not threatened, the Superintendent may
issue a notice of noncompliance 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 pr ogram.
2. If the Superintendent 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 th e 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 t o file with the Department a request for
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
Req. No. 9644 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
receipt of the formal written request and en ter 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 th reat to the health, safety, or welfare
of the students or fraudulent activity on the part of the private
school.
L. A parent or legal guardian who applies for a Lindsey Nicole
Henry Scholarship for a public school student who has at least one
incarcerated parent shall, in support of the application, provide
documentation verifying a parent is incarcerated and in the custody
of the Department of Corrections, another out -of-state prison
system, or the Federal Bureau of Prisons. The documentation shal l
include, but not be limited to, the active Departm ent of Corrections
inmate number for the incarcerated parent.
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
through the Lindsey Nicole Henry Scholarships for Students 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 schoo l district to impose
any additional regulation of private schools beyond those reasonably
Req. No. 9644 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
necessary to enforce the requirements expressly set forth in thi s
section.
N. O. If the State Department of Education de termines that a
school district prior to the effective date of this act has failed
to comply with the provisions of the Lindsey Nicole Henry
Scholarships for Students with Disabilities Program Act and h as
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 amount equal to the amount of s cholarship payments
the school district faile d 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. P. 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;
Req. No. 9644 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The total number and amount of scholarship 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.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9644 EK 01/18/24