Oklahoma 2024 Regular Session

Oklahoma House Bill HB3968 Compare Versions

Only one version of the bill is available at this time.
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5353 STATE OF OKLAHOMA
5454
5555 2nd Session of the 59th Legislature (202 4)
5656
5757 HOUSE BILL 3968 By: Echols
5858
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6363 AS INTRODUCED
6464
6565 An Act relating to schools; amending 70 O.S. 2021,
6666 Section 13-101.2, which relates to the Lindsey Nicole
6767 Henry Scholarships for Students with Disabilities
6868 Program Act; deleting eligibility requirement that
6969 the student attend public school prior to applying;
7070 and providing an effective date .
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7777 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7878 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13 -101.2, is
7979 amended to read as follows:
8080 Section 13-101.2 A. There is hereby created the Lindsey Nicole
8181 Henry Scholarships for Studen ts with Disabilities Program. The
8282 Lindsey Nicole Henry Scholarships for Students with Disabilities
8383 Program is established to provide a scholarship to a private school
8484 of choice for students with disabilities for whom an individualized
8585 education program (I EP) in accordance with the Individuals with
8686 Disabilities Education Act (IDEA) or an in dividualized service p lan
8787 pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
8888 has been developed at any time prior to notifying the State
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140140 Department of Education of the intent to participate in the Program
141141 and the IEP is in effect at the time the request for a sch olarship
142142 is received by the State Department of Education. Scholarships
143143 shall be awarded beginning with the 2010 -2011 school year.
144144 B. The parent or legal guardian of a public school student with
145145 a disability may exercise their paren tal option and request to have
146146 a Lindsey Nicole Henry Scholarship awarded for the child to enroll
147147 in and attend a private school in accordance with this section and
148148 the scholarship shall be awarded if :
149149 1. The student has spent the prior school year in att endance at
150150 a public school in this state. For purposes of this section, "prior
151151 school year in attendance " means that the student was enrolled in
152152 and reported by a school district for funding purposes during the
153153 preceding school year regardless of whether or not the student had
154154 an IEP at the time the student was counted for funding purposes. A
155155 student who is a child of a member of the United States Armed Forces
156156 who transfers to a school in this state from out of state or from a
157157 foreign country pursuant to a permanent change of station orders of
158158 the parent shall be exempt from the requirements of this paragraph
159159 but shall be required to meet all other eligibility requirement s to
160160 participate as provided for in this section. A student who has been
161161 provided services under an Individ ual Family Service Plan through
162162 the SoonerStart program and during transition was evaluated and
163163 determined to be eligible for school district servic es shall be
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215215 exempt from the requirements of this paragraph but shall be required
216216 to meet all other eligibili ty requirements to participate as
217217 provided for in this section. A student who was in out -of-home
218218 placement with the Department of Human Services, w ho was adopted
219219 while in the permanent custody of the Department of Human Services
220220 or who was in out-of-home placement with the Office of Juvenile
221221 Affairs shall be exempt from the requirements of this paragraph but
222222 shall be required to meet all other eligib ility requirements to
223223 participate as provided for in this section; and
224224 2. the eligibility requirements for participation as provided in
225225 this section are met. The parent or legal guardian has obtained
226226 shall obtain acceptance for admission of the student to a private
227227 school that is eligible for the program as provided in subsection H
228228 of this section and has notified shall notify the State Department
229229 of Education of the request for a scholarship. Requests to
230230 participate in the program made after December 1 s hall be granted,
231231 but funding for scholarships requested after December 1 shall not be
232232 available until the beginning of the next school year. The request
233233 shall be through a communication directly to the Department in a
234234 manner that creates a written or elec tronic record of the request
235235 and the date of receipt of the request. The Department s hall notify
236236 the school district upon receipt of the request. For purposes of
237237 continuity of educational choice, the scholarship shal l remain in
238238 force until the student re turns to a public school, graduates from
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290290 high school or reaches the age of twenty -two (22), whichever occurs
291291 first. At any time, the parent or legal guardian of the student may
292292 remove the student from the private scho ol and place the student in
293293 another private school that is eligible for the program as provided
294294 in subsection H of this sect ion or place the student in a public
295295 school.
296296 C. A student shall be eligible for a scholarship if the parent
297297 or legal guardian of th e student made a request for a scholar ship
298298 for the 2010-2011 school year and the student transferred to an
299299 eligible private school but was subsequently denied a scholarship
300300 because the student did not have an IEP in effect on October 1,
301301 2009, but did meet all other eligibility requirements as set forth
302302 in the Lindsey Nicole Henry Scholarships for Students with
303303 Disabilities Program Act.
304304 D. A student shall not be eligible for a Lindsey Nicole Henry
305305 Scholarship if the student is not having regular and direct contact
306306 with the private school teache rs at the physical location of the
307307 private school.
308308 E. School districts shall notify t he parent or legal guardian
309309 of a public school student with a disability of all options
310310 available pursuant to this section and infor m the parent or legal
311311 guardian of the availability of information about the program from
312312 the State Department of Education t hrough the toll-free telephone
313313 number or website. The notification shall be provided with or
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365365 included in the copy of the "Parents Rights in Special Education:
366366 Notice of Procedural Safeguards " document given to parents at least
367367 annually or as otherwise req uired by law.
368368 F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
369369 have the same effect as a parental revocation of consen t to service
370370 pursuant to 20 U.S.C., Se ctions 1414(a)(1)(D) and 1414(C) of the
371371 IDEA.
372372 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
373373 parent or legal guardian shall assume full financial responsibility
374374 for the education of the student, includi ng but not limited to
375375 transportation to and from the private school.
376376 G. If the parent or legal guardian requests a Lindsey Nicole
377377 Henry Scholarship and the student is accepted by the private school
378378 pending the availability of a space for the student, the parent or
379379 legal guardian of the studen t shall notify the State Department of
380380 Education before entering the private school an d before December 1
381381 in order to be eligible for the scholarship during the school year
382382 when a space becomes available for the studen t in the private
383383 school. If notificat ion is made after December 1, payment of the
384384 scholarship shall not begin until the nex t school year.
385385 H. 1. To be eligible to participate in the Lindsey Nicole
386386 Henry Scholarships for Students with Disabilities Program , a private
387387 school shall notify the St ate Department of Education of its intent
388388 to participate. The notice shall specify th e grade levels and
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440440 services that the private school has available for students with
441441 disabilities who are participating in the schola rship program. The
442442 State Department of Education shall approve a private school as
443443 eligible to participate in the scholarsh ip program upon
444444 determination that the private school:
445445 a. meets the accreditation requirements set by the State
446446 Board of Education o r another accrediting association
447447 approved by the State Board of Education. The State
448448 Department of Education shall list on its website all
449449 accrediting associations approved by the Board,
450450 b. demonstrates fiscal soundness by having been in
451451 operation for one (1) school year or providing the
452452 State Department of Education with a statement by a
453453 certified public accountant confirmin g that the
454454 private school desiring to participate is insured and
455455 the owner or owners have sufficient capital or credit
456456 to operate the school for the upcoming year by serv ing
457457 the number of students anticipated with expected
458458 revenues from tuition and other s ources that may be
459459 reasonably expected. In lieu of a statement, a surety
460460 bond or letter of credit for the amount equal to the
461461 scholarship funds for any quarter may be fi led with
462462 the Department,
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514514 c. complies with the antidiscrimination provisions of 42
515515 U.S.C., Section 2000d,
516516 d. meets state and local health and safety laws and
517517 codes,
518518 e. will be academically accountable to the parent or
519519 legal guardian for meeting the educatio nal needs of
520520 the student,
521521 f. employs or contracts with teachers who hold
522522 baccalaureate or higher degrees, or have at least
523523 three (3) years of teaching experience in public or
524524 private schools, or have special skills, kn owledge, or
525525 expertise that qualifies t hem to provide instruction
526526 in subjects taught,
527527 g. complies with all state laws relatin g to general
528528 regulation of private schools, and
529529 h. adheres to the tenets of its published disciplinary
530530 procedures prior to the expul sion of a scholarship
531531 student.
532532 2. Upon approval of a private school, the State Department of
533533 Education shall provide on its website all information and material
534534 submitted by the private school with its application.
535535 I. 1. Lindsey Nicole Henry Scholarship Program participants
536536 shall comply with the following:
537537
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588588 a. the parent or legal guardian shall select the private
589589 school from the schools approved for eligibility
590590 pursuant to subsection H of this section and apply for
591591 the admission of the child,
592592 b. the parent or legal guardian shall request the
593593 scholarship no later than December 1 of the school
594594 year during which the scholarship i s requested,
595595 c. any student participating in the scholarship program
596596 shall attend throughout the school year, unless
597597 excused by the school for illness or other good cause ,
598598 and shall comply fully with the code of conduct for
599599 the school,
600600 d. the parent or legal guardian shall fully comply with
601601 the parental involvement requirements of the private
602602 school, unless excused by the school for il lness or
603603 other good cause, and
604604 e. upon issuance of a scholarship warrant, the parent or
605605 legal guardian to whom the warrant i s made shall
606606 restrictively endorse the warrant to the private
607607 school for deposit into the account of the private
608608 school. The parent or legal guardian may not
609609 designate any entity or individual associated with the
610610 private school as the attorney in fact for the parent
611611 or legal guardian to endorse a warrant. A parent or
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663663 legal guardian who fails to comply with this
664664 subparagraph shall for feit the scholarship.
665665 2. A participant who fails to comply with this subsection
666666 forfeits the scholarship.
667667 J. Provisions governing payment of a Lindsey Nicole Henry
668668 Scholarship shall be as follows:
669669 1. The State Department of Education shall calculate the total
670670 cost of all scholarships for al l eligible students in the state.
671671 The State Department of Education shall then reserv e or retain from
672672 the total amount appropriated to the State Board of Education for
673673 State Aid purposes and any other revenue availabl e for allocation
674674 for State Aid purpose s the total cost for all scholarship payments;
675675 2. The maximum scholarship granted for an eligible student with
676676 disabilities shall be a calculated amount equivalent to the total
677677 State Aid factors for the applicable sch ool year multiplied by the
678678 grade and disability weights generated by that student for the
679679 applicable school year. The disab ility weights used in calculating
680680 the scholarship amount shall include all disability weights which
681681 correspond to the disabilities i ncluded in the multidisciplinary
682682 evaluation and eligibility group summary for the student at the time
683683 the request for a scho larship is made by the parent or legal
684684 guardian. The maximum scholarship amount shall be calculated by the
685685 State Board of Education for each year the student is particip ating
686686 in the scholarship program;
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738738 3. The amount of the scholarship shall be the amoun t calculated
739739 in paragraph 2 of this subsection or the amount of tuition and fees
740740 for the private school, whichever is less, minus up to two and one-
741741 half percent (2 1/2%) of the scholarship amount which may be
742742 retained by the State Department of Education a s a fee for
743743 administrative services rendered. The amount of any assessment fee
744744 required by the private school and the amount associ ated with
745745 providing services and thera pies to address the disabilities of the
746746 student may be paid from the total amount of t he scholarship. The
747747 amount of the scholarship shall be prorated to reflect the number of
748748 days remaining in the current school year, if the scholarship
749749 request is granted after the beginning of the school year;
750750 4. The State Department of Education shall n otify the private
751751 school of the amount of the scholarship within ten (10) days after
752752 receiving the request for a scholarship, when t he total State Aid
753753 factors have been determined for the current fiscal year. The
754754 initial payment shall be made after the De partment verifies
755755 admission acceptance and enrollment. Quarterly payments shall be
756756 made upon verification of continued enrollment a nd attendance at the
757757 private school. Payment shall be made by the Department with an
758758 individual warrant made payable to the parent or legal guardian of
759759 the student and mailed by the Department to the private school that
760760 the parent or legal guardian choose s. The parent or legal guardian
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812812 shall restrictively endorse the warrant to the private school for
813813 deposit into the account of the private school;
814814 5. The State Department of Education shall not be responsible
815815 for any additional costs associated with speci al education and
816816 related services incu rred by the private school for the student
817817 including the cost of teachers, equipment, material, and special
818818 costs associated with the special education class;
819819 6. The State Department of Education shall establish a tol l-
820820 free telephone number or website tha t provides parents or legal
821821 guardians and private schools with information about the p rogram;
822822 7. The State Department of Education shall require an annual,
823823 notarized, sworn compliance statement by participating privat e
824824 schools certifying compliance with s tate laws and shall retain all
825825 records received from a participating private school. The State
826826 Department of Education shall post on its website the annual
827827 compliance statement for each participating private school; a nd
828828 8. The State Department of Educati on shall cross-check the list
829829 of participating scholarship students with the public sc hool
830830 enrollments prior to each scholarship payment to avoid duplication.
831831 K. 1. The State Superintendent of Public Instruction shal l
832832 deny, suspend, or revoke the partici pation of a private school in
833833 the scholarship program if it is determined that the pri vate school
834834 has failed to comply with the provisions of this section. However,
835835 in instances in which the noncompliance is correctab le within a
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887887 reasonable amount of time and in which the health, safety, or
888888 welfare of the students is not threatened, the Sup erintendent may
889889 issue a notice of noncompliance which shall provide the private
890890 school with a time frame within which to provide evi dence of
891891 compliance prior to taking ac tion to suspend or revoke participation
892892 in the scholarship program.
893893 2. If the Superintendent intends to deny, suspend, or revoke
894894 the participation of a private school in the scholarship program,
895895 the Department shall n otify the private school of the propos ed
896896 action in writing by certified mail and regular mail to the private
897897 school's address of record with the Department. The Department
898898 shall also notify any parents or legal guardians of scholarship
899899 students attending the private school. The notification shall
900900 include the reasons for the proposed action and notice of the
901901 timelines and procedures set forth in this subsection.
902902 3. The private school that is adversely affected by the
903903 proposed action shall have fifteen (15 ) days from receipt of the
904904 notice of proposed action to file with the Department a request for
905905 an administrative hearing pro ceeding pursuant to the Administrative
906906 Procedures Act.
907907 4. Upon receipt of a request for a hearing, the State Board of
908908 Education shall commence a hearing within sixty (60 ) days after the
909909 receipt of the formal written request and enter an order within
910910 thirty (30) days after the hearing.
911911
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962962 5. The Board may immediately suspend payment of scholarship
963963 funds if it is determined that there is probable cause to believe
964964 that there is an imminent threat to the health, safety, or welfare
965965 of the students or fraudulent a ctivity on the part of the private
966966 school.
967967 L. No liability shall arise on the part of the state, the State
968968 Board of Education, the State Department of Education , or a school
969969 district based on the award or use of any scholarship provided
970970 through the Lindsey Nicole Henry Scholarships for Students with
971971 Disabilities Program.
972972 M. The inclusion of private schools within options available to
973973 public school students in Oklahoma sh all not expand the regulatory
974974 authority of the state or any school district to impose any
975975 additional regulation of private schools beyond those reasonably
976976 necessary to enforce the requirements expressly set forth in thi s
977977 section.
978978 N. If the State Departmen t of Education determines that a
979979 school district prior to the effective date of this a ct has failed
980980 to comply with the provisions of the Lindsey Nicole Henry
981981 Scholarships for Students with Disabilities Program Act and h as
982982 failed to make full or partial sch olarship payments for eligible
983983 students, the Department shall have authority to reduce the amount
984984 of State Aid allocated to the school district or require the school
985985 district to make repayment to the Department of State Aid
986986
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988988 Req. No. 9499 Page 14 1
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10371037 allocations in an amount equal t o the amount of scholarship payments
10381038 the school district failed to make. The Departme nt shall make
10391039 payment to the parent or legal guardian in the amount the school
10401040 district failed to make in the manner as provided for in subsection
10411041 J of this section.
10421042 O. The State Department of Education shall annually prepare and
10431043 post on its website a rep ort of Lindsey Nicole Henry Scholarships
10441044 for Students with Disabilities Program. The annual report shall
10451045 include, but not be limited to, the following information:
10461046 1. The total number and amount of scholarships awarded and
10471047 reported for each participating private school;
10481048 2. The total number of scholarships denied;
10491049 3. The total number and amount of scholarship payments
10501050 suspended for each participating private school; and
10511051 4. Data on participating students, disaggregated by years of
10521052 participation in the pr ogram, grade level, economically
10531053 disadvantaged status, racial and ethnic groups , and disability
10541054 category.
10551055 SECTION 2. This act shall become effective November 1, 2024.
10561056
10571057 59-2-9499 EK 01/10/24