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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3968 By: Echols
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 Act; deleting eligibility requirement that
the student attend public school prior to applying;
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 Studen ts with Disabilities Program. 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 (I EP) in accordance with the Individuals with
Disabilities Education Act (IDEA) or an in dividualized service p lan
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 participate in the Program
and the IEP is in effect at the time the request for a sch olarship
is received by the State 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 paren tal 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 scholarship shall be awarded if :
1. The student has spent the prior school year in att endance 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 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 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 requirement s 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 servic es shall be
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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, w ho 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 shall be exempt from the requirements of this paragraph but
shall be required to meet all other eligib ility requirements to
participate as provided for in this section; and
2. the eligibility requirements for participation as provided in
this section are met. The parent or legal guardian has obtained
shall obtain 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 shall notify the State Department
of Education of the request for a scholarship. Requests to
participate in the program made after December 1 s hall 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 elec tronic record of the request
and the date of receipt of the request. The Department s hall 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 re turns to a public school, graduates from
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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 scho ol and place the student in
another private school that is eligible for the program as provided
in subsection H of this sect ion 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 scholar ship
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 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 teache rs at the physical location of the
private school.
E. School districts shall notify t he parent or legal guardian
of a public school student with a disability 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 t hrough the toll-free telephone
number or website. The notification shall be provided with or
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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 req uired 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., Se ctions 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 private school.
G. If the parent or legal guardian 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 studen t shall notify the State Department of
Education before entering the private school an d 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 notificat ion is made after December 1, payment of the
scholarship shall not begin until the nex t school 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 St ate Department of Education of its intent
to participate. The notice shall specify th e grade levels and
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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 scholarsh ip 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 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 confirmin g 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 serv ing
the number of students anticipated with expected
revenues from tuition and other s ources 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 fi led with
the Department,
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c. complies with the antidiscrimination 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 educatio nal 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 t hem to provide instruction
in subjects taught,
g. complies with all state laws relatin g 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.
I. 1. Lindsey Nicole Henry Scholarship Program participants
shall comply with the following:
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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 i s 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 scholarship warrant, the parent or
legal guardian to whom the warrant i s 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 individual associated with the
private school as the attorney in fact for the parent
or legal guardian to endorse a warrant. A parent or
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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 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 al l eligible students in the state.
The State Department of Education shall then reserv e 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 purpose s 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 weights generated by that student for the
applicable school year. The disab ility 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 scho larship 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 particip ating
in the scholarship program;
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3. The amount of the scholarship shall be the amoun t 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 scholarship amount which may be
retained by the State Department of Education a s 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 thera pies to address the disabilities of the
student may be paid from the total amount of t he 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 beginning of the school year;
4. The State Department of Education shall n otify 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 the current fiscal year. The
initial payment shall be made after the De partment 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
the parent or legal guardian choose s. The parent or legal guardian
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shall restrictively endorse 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 incu rred by the private 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 tha t provides parents or legal
guardians and private schools with information about the p rogram;
7. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating privat e
schools certifying compliance with s tate laws and shall retain all
records received from a participating 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 Educati on shall cross-check the list
of participating scholarship students with the public sc hool
enrollments prior to each scholarship payment to avoid duplication.
K. 1. The State Superintendent of Public Instruction shal l
deny, suspend, or revoke the partici pation of a private school in
the scholarship program if it is determined that the pri vate school
has failed to comply with the provisions of this section. However,
in instances in which the noncompliance is correctab le within a
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reasonable amount of time and in which the health, safety, or
welfare of the students is not threatened, the Sup erintendent 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 ac tion 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 the scholarship program,
the Department shall n otify the private school of the propos ed
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 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 request for
an administrative hearing pro ceeding 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.
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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 threat to the health, safety, or welfare
of the students or fraudulent a ctivity 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 Students with
Disabilities Program.
M. The inclusion of private schools within options available to
public school students in Oklahoma sh all 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 thi s
section.
N. If the State Departmen t of Education determines that a
school district prior to the effective date of this a ct 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 sch olarship 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
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allocations in an amount equal t o the amount of scholarship payments
the school district failed to make. The Departme nt 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. The State Department of Education shall annually prepare and
post on its website a rep ort 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;
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 pr ogram, grade level, economically
disadvantaged status, racial and ethnic groups , and disability
category.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9499 EK 01/10/24