OK
Oklahoma Senate Bill SB358

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB358 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 358 By: Daniels of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 358 By: Daniels of the Senate
731
832 and
933
10- Echols, Conley, Hill, and
11-Hays of the House
34+ Echols and Conley of the
35+House
36+
1237
1338
1439
1540 An Act relating to the Lindsey Nicole Henry
41+Scholarships for Students with Disabilities Program;
42+amending 70 O.S. 2021, Sec tion 13-101.2, which
43+relates to eligibility for the program; remo ving
44+requirement for prior public school year attendance;
45+providing certain exemption t o certain students;
46+modifying reference to weights to be used in certain
47+calculation; providing for calc ulation of scholarship
48+amount if certain private school does not charge
49+tuition; and updating statutory language .
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60+AUTHOR: Add the following House Coauthor: Hill and Hays
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62+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
63+and insert:
64+
65+
66+"An Act relating to the Lindsey Nicole Henry
1667 Scholarships for Students with Disabilities Program;
1768 amending 70 O.S. 2021, Section 13 -101.2, which
1869 relates to eligibility for the program; providing
1970 eligibility for certain students experiencing
2071 homelessness; modifying reference to weights to be
2172 used in certain calculation; providing for
2273 calculation of scholarship amount if certain private
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23100 school does not charge tuition; and updating
24101 statutory language.
25102
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28-SUBJECT: Lindsey Nicole Henry scholarships
29105
30106 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31-
32107 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, is
33108 amended to read as follows:
34-
35109 Section 13-101.2. A. There is hereby created the Lindsey
36110 Nicole Henry Scholarships for Students with Disabilities Pro gram.
37111 The Lindsey Nicole Henry Scholarships for Students with Disabiliti es
38112 Program is established to provide a s cholarship to a private school
39113 of choice for students with disa bilities for whom an individualized
40114 education program (IEP) in accordance with t he Individuals with
41115 Disabilities Education Act (IDEA) or an individualize d service plan
42116 pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
43117 has been developed at any time prior to notifying the State
44118 Department of Education of the intent to p articipate in the Program
45119 and the IEP is in effect at the time the reques t for a scholarship
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48120 is received by the S tate Department of Education. Scholarships
49121 shall be awarded beginning with the 2010 -2011 school year.
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51122 B. The parent or legal guardian of a public school student with
52123 a disability may exercise their parental option and request to have
53124 a Lindsey Nicole Hen ry Scholarship awarded for the child to enroll
54125 in and attend a private school in accordance with this section and
55126 the scholarship shall be awar ded if:
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57153 1. The student has spent the prior school year in attendance at
58154 a public school in this state. For purp oses of this section, “prior
59155 school year in attendance” means t hat the student was enrolled in
60156 and reported by a school district for funding pu rposes during the
61157 preceding school year regardless of whether or not the student had
62158 an IEP at the time the stude nt was counted for funding purposes. A
63159 student who is a child of a member of the United States Armed Forces
64160 who transfers to a school in this state from out of state or from a
65161 foreign country pursuant to a permanent change of station orders of
66162 the parent shall be exempt from the requirements of this paragraph
67163 but shall be required to meet all other eligibility requirements to
68164 participate as provided for in this section. A student who has been
69165 provided services under an Individual Family Service Plan throu gh
70166 the SoonerStart program and during transition was evaluated and
71167 determined to be eligible for school district services shall be
72168 exempt from the requirements of this paragraph but shall be required
73169 to meet all other eligibility requirements to participat e as
74170 provided for in this section. A student who was in out -of-home
75171 placement with the Department of Human Services,; who was adopted
76172 while in the permanent custody of the Department of Human Services ;
77173 who is enrolling or is enrolled in a school that exclusively serves
78174 students experiencing homele ssness; or who was in out-of-home
79175 placement with the Office of Juvenile Affairs shall be exempt from
80176 the requirements of this paragraph but shall be required to meet al l
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81203 other eligibility requirements to participate as provided for in
82204 this section; and
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84205 2. The parent or legal guard ian has obtained acceptance for
85206 admission of the student to a private school that is eligible for
86207 the program as provided in subsection H of this section and has
87208 notified the State Department of Education of the re quest for a
88209 scholarship. Requests to participate in the program made after
89210 December 1 shall be granted, but funding fo r scholarships requested
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92211 after December 1 shall not be available until the be ginning of the
93212 next school year. The request shall be through a communication
94213 directly to the Departm ent in a manner that creates a written or
95214 electronic record of the request an d the date of receipt of the
96215 request. The Department shall notify the school district in which
97216 the student is enrolled, if applica ble, upon receipt of the request.
98217 For purposes of continuity of educational choice, the scholarship
99218 shall remain in force un til the student returns to enrolls in a
100219 public school, graduates from high sc hool, or reaches the age of
101220 twenty-two (22), whichever occurs first. At any time, the parent or
102221 legal guardian of the student may remove the student from the
103222 private school and place the student in another private school that
104223 is eligible for the program a s provided in subsection H of this
105224 section or place the student in a public school.
225+C. A student shall be eligible for a scholarship if the parent
226+or legal guardian of th e student made a request for a scholarship
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253+for the 2010-2011 school year and the stud ent transferred to an
254+eligible private school but was subsequently denied a scholarship
255+because the student did not have an IEP in effect on October 1,
256+2009, but did meet all other eligibility requirements as set fo rth
257+in the Lindsey Nicole Henry Scholarsh ips for Students with
258+Disabilities Program Act.
259+D. A student shall not be eligible for a Lindsey Nico le Henry
260+Scholarship if the student is not having regular and direct contact
261+with the private school teachers at the physical location of the
262+private school.
263+E. School districts shall notify the parent or le gal guardian
264+of a public school student with a d isability of all options
265+available pursuant to this section and infor m the parent or legal
266+guardian of the availa bility of information about the program f rom
267+the State Department of Education through the toll -free telephone
268+number or website. The notifica tion shall be provided with or
269+included in the copy of the “Parents Rights in Special Education:
270+Notice of Procedural Safeguards” document given to parent s at least
271+annually or as otherwise required by law.
272+F. 1. Acceptance of a Lindsey Nicole Henry Scho larship shall
273+have the same effect as a parental revocation of consen t to service
274+pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
275+IDEA.
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302+2. Upon acceptance of a Lindsey Nicole Henry Scholarsh ip, the
303+parent or legal guardian shall assume fu ll financial responsibility
304+for the education of the student , including, but not limited to,
305+transportation to and from the private school.
306+G. If the parent or legal guardian requests a Lindsey Nicole
307+Henry Scholarship and the student is accepted by the pri vate school
308+pending the availability of a space for the student, the parent or
309+legal guardian of the student shal l notify the State Department of
310+Education before entering the private school and before December 1
311+in order to be eligible for the scholarship during the school year
312+when a space becomes available for the studen t in the private
313+school. If notification is made after December 1, payment of the
314+scholarship shall not begin until the next school year .
315+H. 1. To be eligible to participate in the Lin dsey Nicole
316+Henry Scholarships for Students with Disabilities Program , a private
317+school shall notify the State De partment of Education of its intent
318+to participate. The notice shall specify the grade levels and
319+services that the private school has availab le for students with
320+disabilities who are participating in the schola rship program. The
321+State Department of Educ ation shall approve a private school as
322+eligible to participate in the scholarship program upon
323+determination that the private school:
324+a. meets the accreditation requirements set by the State
325+Board of Education o r another accrediting association
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352+approved by the State Board of Education. The Stat e
353+Department of Education shall list on its website al l
354+accrediting associations approved by the Board ,
355+b. demonstrates fiscal soundness by having been in
356+operation for one (1) school year or providing the
357+State Department of Education with a statement by a
358+certified public accountant confirming that the
359+private school desiring to participate is insured an d
360+the owner or owners have sufficient capital or credit
361+to operate the school for the upcoming year by serving
362+the number of students anticipated with exp ected
363+revenues from tuition and other sources that may be
364+reasonably expected. In lieu of a statement , a surety
365+bond or letter of credit for the amount equal to the
366+scholarship funds for any quarter may be filed wi th
367+the Department,
368+c. complies with the antidiscrimination provisions of 42
369+U.S.C., Section 2000d,
370+d. meets state and local health and safety l aws and
371+codes,
372+e. will be academically accountable to the parent or
373+legal guardian for meeting the educational ne eds of
374+the student,
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401+f. employs or contracts with teachers who hold
402+baccalaureate or highe r degrees, or have at least
403+three (3) years of teachin g experience in public or
404+private schools, or have special skills, kn owledge, or
405+expertise that qualifies them to provide instruction
406+in subjects taught,
407+g. complies with all state laws relating to general
408+regulation of private schools, and
409+h. adheres to the tenets of its published disciplinary
410+procedures prior to the expul sion of a scholarship
411+student.
412+2. Upon approval of a private school, the State Depa rtment of
413+Education shall provide on its website all information and material
414+submitted by the private school with its application.
415+I. 1. Lindsey Nicole Henry Scholarship Program participants
416+shall comply with the following:
417+a. the parent or legal guardi an shall select the private
418+school from the schools approved for eligibility
419+pursuant to subsection H o f this section and apply for
420+the admission of the child,
421+b. the parent or legal guardian shall request the
422+scholarship no later than December 1 of the sc hool
423+year during which the scholarship is requested,
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450+c. any student participating in the scholarship pr ogram
451+shall attend throughout the school year, unless
452+excused by the school for illness or other good cause,
453+and shall comply fully with the code of conduct for
454+the school,
455+d. the parent or legal guardian shall ful ly comply with
456+the parental involvement re quirements of the private
457+school, unless excused by the school for il lness or
458+other good cause, and
459+e. upon issuance of a scholarship warrant, the p arent or
460+legal guardian to whom the warrant is made shall
461+restrictively endorse the warrant to the private
462+school for deposit into the account of the private
463+school. The parent or legal guardian may not
464+designate any entity or individual associated with t he
465+private school as the attorney in fact for the parent
466+or legal guardian to endorse a warrant. A parent o r
467+legal guardian who fails to comply with this
468+subparagraph shall for feit the scholarship.
469+2. A participant who fails to comply with this subsectio n
470+forfeits the scholarship.
471+J. Provisions governing payment of a Lindsey Nicole Henry
472+Scholarship shall be as follows:
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499+1. The State Department of Education shall calculate the total
500+cost of all scholarships for all elig ible students in the state.
501+The State Department of Education shall then reserve or retain from
502+the total amount appropriated to the State Boa rd of Education for
503+State Aid purposes and any other revenue availabl e for allocation
504+for State Aid purposes the total cost for all scholarship paym ents;
505+2. The maximum scholarship granted for an eligible student with
506+disabilities shall be a calculated am ount equivalent to the total
507+State Aid factors for the applicable sch ool year multiplied by the
508+grade and disability weights generated by that for which the student
509+is eligible for the applicable school year. The disability weights
510+used in calculating the scholarship amount shall include all
511+disability weights which correspond to the disabilities included in
512+the multidisciplinary evaluation and eligi bility group summary for
513+the student at the time the request for a scholarship is made by the
514+parent or legal guardian. The maximum scholarship amount shall be
515+calculated by the State Board of Education for each year the student
516+is participating in the sc holarship program;
517+3. The amount of the scholarship shall be the amount calculated
518+in paragraph 2 of this s ubsection or the amount of tuition and fees
519+for the private school, whichever is less, minus up to two and one-
520+half percent (2 1/2%) of the scholars hip amount which may be
521+retained by the State Department of Educat ion as a fee for
522+administrative services r endered. If a private school does not
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549+charge tuition, the amount of the scho larship shall be the amount
550+calculated in paragraph 2 of this subsection minu s up to two and
551+one-half percent (2 1/2%) of the scholarship amount which may be
552+retained by the State Department of Ed ucation as a fee for
553+administrative services rendered. The amount of any assessment fee
554+required by the private school and the amount as sociated with
555+providing services and therapies to address the disabilities of the
556+student may be paid from the total amount of the scholarship. The
557+amount of the scholarship shall be prorated to reflect the number of
558+days remaining in the current school y ear, if the scholarship
559+request is granted after the begi nning of the school year;
560+4. The State Department of Education shall notify the private
561+school of the amount of the scholarship within ten (10) days after
562+receiving the request for a scholarship, wh en the total State Aid
563+factors have been determined for t he current fiscal year. The
564+initial payment shall be made after the Department verifies
565+admission acceptance and enrollment. Quarterly payments shall be
566+made upon verification of continued enrollme nt and attendance at the
567+private school. Payment shall b e made by the Department with a n
568+individual warrant made payable to the parent or legal guardian of
569+the student and mailed by the Department to the private sc hool that
570+the parent or legal guardian ch ooses. The parent or legal guardian
571+shall restrictively endorse the warrant to the priv ate school for
572+deposit into the account of the private school;
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599+5. The State Department of Education shall not be responsible
600+for any additional costs associated with s pecial education and
601+related services incurred by the pri vate school for the student
602+including the cost of teachers, equipment, material, and special
603+costs associated with the special education class;
604+6. The State Department of Education shall establish a toll-
605+free telephone number or website that provides pare nts or legal
606+guardians and private schools with information about the program;
607+7. The State Department of E ducation shall require an annual,
608+notarized, sworn compliance statement by participating pr ivate
609+schools certifying compliance with state laws and s hall retain all
610+records received from a participating private school. The State
611+Department of Education sha ll post on its website the annual
612+compliance statement for each participating private schoo l; and
613+8. The State Department of Education shall cross -check the list
614+of participating scholarship students with the public school
615+enrollments prior to each schola rship payment to avoid duplication.
616+K. 1. The State Superintendent of Public Instruction shall
617+deny, suspend, or revoke the participation of a pri vate school in
618+the scholarship program if it is determined that the private school
619+has failed to comply with the provisions of this section. However,
620+in instances in which the noncompliance is corre ctable within a
621+reasonable amount of time and in which th e health, safety, or
622+welfare of the students is not threatened, the Superintendent may
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649+issue a notice of non compliance which shall provide the private
650+school with a time frame within which to provide evidence of
651+compliance prior to taking action to suspend or revoke participation
652+in the scholarship program.
653+2. If the Superintendent intends to deny, suspend, or revoke
654+the participation of a private school in th e scholarship program,
655+the Department shall notify the private school of the proposed
656+action in writing by certified mail and reg ular mail to the private
657+school’s address of record with the Department. The Department
658+shall also notify any parents or legal guardians of scholarship
659+students attending the private school. The notification shall
660+include the reasons for the proposed act ion and notice of the
661+timelines and procedures set forth in this subsection.
662+3. The private school that is adversely affected by the
663+proposed action shall have fifteen (15) days from receipt of the
664+notice of proposed action to file with the Department a r equest for
665+an administrative hearing proceeding pursuant to the Administrativ e
666+Procedures Act.
667+4. Upon receipt of a request fo r a hearing, the State Board of
668+Education shall commence a hearing within sixty (60) days after th e
669+receipt of the formal written request and enter an order within
670+thirty (30) days after the hearing.
671+5. The Board may immediately suspend payment of scholar ship
672+funds if it is determined that there is probable cause to believe
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699+that there is an imminent t hreat to the health, safety, or welfare
700+of the students or fraudulent activity on the part of the private
701+school.
702+L. No liability shall arise on the part of the state, the State
703+Board of Education, the State Department of Education, or a school
704+district based on the award or use of any scholarship provided
705+through the Lindsey Nicole Henry Scholarships for Stude nts with
706+Disabilities Program.
707+M. The inclusion of private schools within options availabl e to
708+public school students in Oklahoma shall not expand the regulatory
709+authority of the state or any school district to impose any
710+additional regulation of private schools beyond those reasonably
711+necessary to enforce the requirements expressly set forth i n this
712+section.
713+N. If the State Department of Education determines that a
714+school district prior to the effective date of this act August 26,
715+2011, has failed to comply with the provisions of the Lindsey Nicole
716+Henry Scholarships for Students with Disabili ties Program Act and
717+has failed to make full or partial s cholarship payments for eligibl e
718+students, the Department shall have authority to reduce the amount
719+of State Aid allocated to the school district or require t he school
720+district to make repayment to t he Department of State Aid
721+allocations in an amount equal to the amount of scholarship p ayments
722+the school district failed to make. The Department shall make
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749+payment to the parent or legal guardian in the amount th e school
750+district failed to make in the m anner as provided for in subsection
751+J of this section.
752+O. The State Department of Educa tion shall annually prepare and
753+post on its website a report of Lindsey Nicol e Henry Scholarships
754+for Students with Disabilitie s Program. The annual report shall
755+include, but not be limited to, the following information:
756+1. The total number and amount of scholarships awarded and
757+reported for each participating private school;
758+2. The total number of scholarships denied;
759+3. The total number and amount of scholarship pa yments
760+suspended for each participating private school; a nd
761+4. Data on participating st udents, disaggregated by years of
762+participation in the program, grade level, economically
763+disadvantaged status, racial and ethn ic groups, and disability
764+category."
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791+Passed the House of Representatives the 24th day of April, 2024.
792+
793+
794+
795+
796+
797+Presiding Officer of the House of
798+ Representatives
799+
800+
801+Passed the Senate the ____ day of _______ ___, 2024.
802+
803+
804+
805+
806+
807+Presiding Officer of the Senate
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835+ENGROSSED SENATE
836+BILL NO. 358 By: Daniels of the Senate
837+
838+ and
839+
840+ Echols and Conley of the
841+House
842+
843+
844+
845+An Act relating to the Lindsey Nicole Henry
846+Scholarships for Students with Disabilities Program;
847+amending 70 O.S. 2021, Section 13 -101.2, which
848+relates to eligibility for the program; removing
849+requirement for prior public school year attendance;
850+providing certain exemption t o certain students;
851+modifying reference to weights to be used in certain
852+calculation; providing for calculation of s cholarship
853+amount if certain private school does not charge
854+tuition; and updating statutory language .
855+
856+
857+
858+
859+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
860+SECTION 2. AMENDATORY 70 O.S. 2021, Section 13 -101.2, is
861+amended to read as follows:
862+Section 13-101.2. A. There is hereby created the Lindsey
863+Nicole Henry Scholarships for Students with Disabilities Pro gram.
864+The Lindsey Nicole Henry Scholarships for Students with Disabiliti es
865+Program is established to provide a s cholarship to a private school
866+of choice for students with disa bilities for whom an individualized
867+education program (IEP) in accordance with t he Individuals with
868+Disabilities Education Act (IDEA) or an individualize d service plan
869+pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
870+has been developed at any time prior to notifying the State
871+
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896+
897+Department of Education of the intent to p articipate in the Program
898+and the IEP is in effect at the time the reques t for a scholarship
899+is received by the S tate Department of Education. Scholarships
900+shall be awarded beginning with the 2010 -2011 school year.
901+B. The parent or legal guardian of a public school student with
902+a disability may exercise their parental option and request to have
903+a Lindsey Nicole Hen ry Scholarship awarded for the child to enroll
904+in and attend a private school in accordance with this section and
905+the scholarship shall be awar ded if:
906+1. The student has spent the prior school year in attendance at
907+a public school in this state. For purp oses of this section, “prior
908+school year in attendance” means t hat the student was enrolled in
909+and reported by a school district for funding pu rposes during the
910+preceding school year regardless of whether or not the student had
911+an IEP at the time the stude nt was counted for funding purposes. A
912+student who is a child of a member of the United States Armed Forces
913+who transfers to a school in this state from out of state or f rom a
914+foreign country pursuant to a permanent change of station orders of
915+the parent shall be exempt from the requirements of this paragraph
916+but shall be required to meet all other eligibility requirements to
917+participate as provided for in this section. A student who has been
918+provided services under an Individual Family Service Plan throu gh
919+the SoonerStart program and during transition was evaluated and
920+determined to be eligible for school district services shall be
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947+exempt from the requirements of this par agraph but shall be required
948+to meet all other eligibility requirements to participat e as
949+provided for in this section. A an IEP or individualized service
950+plan as provided for in subsection A of this section ; provided,
951+however, a student who was in out -of-home placement with the
952+Department of Human Services,; who was adopted while in the
953+permanent custody of the Department of Human Services , an
954+international child-placing agency, a child-placing agency in this
955+state, or a federally recogni zed Indian tribe; who is enrolling or
956+is enrolled in a school that exclusively serves students
957+experiencing homelessness; or who was in out-of-home placement with
958+the Office of Juvenile Affairs shall be exempt from the requirements
959+of this paragraph but shall be required to meet all other
960+eligibility requirements to participate as provided for in this
961+section not be required to have an IEP or an individualized servi ce
962+plan; and
963+2. The parent or legal guard ian has obtained acceptance for
964+admission of the student to a private school that is eligible for
965+the program as provided in subsection H of this section and has
966+notified the State Department of Education of the re quest for a
967+scholarship. Requests to participate in the program made after
968+December 1 shall be granted, but funding for scholarships requested
969+after December 1 shall not be available until the beginning of the
970+next school year. The request shall be through a communication
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997+directly to the Departm ent in a manner that creates a written or
998+electronic record of the request and the date of receipt of the
999+request. The Department shall notify the school distric t in which
1000+the student is enrolled, if applica ble, upon receipt of the request.
1001+For purposes of continuity of educational choice, the scholarship
1002+shall remain in force until the student returns to enrolls in a
1003+public school, graduates from high school , or reaches the age of
1004+twenty-two (22), whichever occurs first. At any time, the parent or
1005+legal guardian of the student may remove the student from the
1006+private school and place the student in another private school that
1007+is eligible for the program as provid ed in subsection H of this
1008+section or place the student in a public school.
1071009 C. A student shall be eligible for a scholarship if the parent
1081010 or legal guardian of th e student made a request for a scholarship
1091011 for the 2010-2011 school year and the student tran sferred to an
1101012 eligible private school but was subsequently denied a scholarship
1111013 because the student did not have an IEP in effect on October 1,
1121014 2009, but did meet all other eligibility requirements as set fo rth
1131015 in the Lindsey Nicole Henry Scholarships for Students with
1141016 Disabilities Program Act.
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1161017 D. A student shall not be eligible for a Lindsey Nico le Henry
1171018 Scholarship if the student is not having regular and direct contact
1181019 with the private school teachers at the physical location of the
1191020 private school.
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1201046
1211047 E. School districts shall notify the parent or le gal guardian
1221048 of a public school student with a d isability of all options
1231049 available pursuant to this section and infor m the parent or legal
1241050 guardian of the availa bility of information about the program from
1251051 the State Department of Education through the toll -free telephone
1261052 number or website. The notifica tion shall be provided with or
1271053 included in the copy of the “Parents Rights in Special Education:
1281054 Notice of Procedural Safeguards” document given to parents at lea st
1291055 annually or as otherwise required by law.
130-
1311056 F. 1. Acceptance of a Lindsey Nicole Henry Scho larship shall
1321057 have the same effect as a parental revocation of consen t to service
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1351058 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
1361059 IDEA.
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1381060 2. Upon acceptance of a Lindsey Nicole Henry Scholarsh ip, the
1391061 parent or legal guardian shall assume fu ll financial responsibility
140-for the education of the student , including, but not limited to,
1062+for the education of the student , including but not limited to
1411063 transportation to and from the private school.
142-
1431064 G. If the parent or leg al guardian requests a Lindsey Nicole
1441065 Henry Scholarship and the student is accepted by the pri vate school
1451066 pending the availability of a space for the student, the parent or
1461067 legal guardian of the student shal l notify the State Department of
1471068 Education before entering the private school and before December 1
1481069 in order to be eligible for the scholarship during the school year
1491070 when a space becomes available for the studen t in the private
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1501097 school. If notification is made after December 1, payment of the
1511098 scholarship shall not begin until the next school year .
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1531099 H. 1. To be eligible to participate in the Lin dsey Nicole
1541100 Henry Scholarships for Students with Disabilities Program , a private
1551101 school shall notify the State De partment of Education of its intent
1561102 to participate. The notice shall specify the grade levels and
1571103 services that the private school has availab le for students with
1581104 disabilities who are participating in the schola rship program. The
1591105 State Department of Educ ation shall approve a private school as
1601106 eligible to participate in the scholarship program upon
1611107 determination that the private school:
162-
1631108 a. meets the accreditation requirements set by the State
1641109 Board of Education o r another accrediting association
1651110 approved by the State Board of Education. The State
1661111 Department of Education shall list on its website al l
1671112 accrediting associations approved by the Board ,
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1691113 b. demonstrates fiscal soundness by having been in
1701114 operation for one (1) school year or providing the
1711115 State Department of Education with a statement by a
1721116 certified public accountant confirming that the
1731117 private school desiring to participate is insured an d
1741118 the owner or owners have sufficient capital or credit
1751119 to operate the school for the upcoming year by serving
1761120 the number of students anticipated with expected
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1791147 revenues from tuition and other sources that may be
1801148 reasonably expected. In lieu of a statement , a surety
1811149 bond or letter of credit for the amount equal to the
1821150 scholarship funds for any quarter may be filed wi th
1831151 the Department,
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1851152 c. complies with the antidiscr imination provisions of 42
1861153 U.S.C., Section 2000d,
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1881154 d. meets state and local health and safety l aws and
1891155 codes,
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1911156 e. will be academically accountable to the parent or
1921157 legal guardian for meeting the educational ne eds of
1931158 the student,
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1951159 f. employs or contracts with teachers who hold
1961160 baccalaureate or highe r degrees, or have at least
1971161 three (3) years of teachin g experience in public or
1981162 private schools, or have special skills, kn owledge, or
1991163 expertise that qualifies them to provide instruction
2001164 in subjects taught,
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2021165 g. complies with all state laws relating to general
2031166 regulation of private schools, and
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2051167 h. adheres to the tenets of its published disciplinary
2061168 procedures prior to the expul sion of a scholarship
2071169 student.
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2091196 2. Upon approval of a private school, the State Depa rtment of
2101197 Education shall provide on its website all information and material
2111198 submitted by the private school with its application.
212-
2131199 I. 1. Lindsey Nicole Henry Scholarship Program participants
2141200 shall comply with the following:
215-
2161201 a. the parent or legal guardi an shall select the private
2171202 school from the schools approved for eligibility
2181203 pursuant to subsection H o f this section and apply for
2191204 the admission of the child,
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2231205 b. the parent or legal guardian shall request the
2241206 scholarship no later than December 1 of the sc hool
2251207 year during which the scholarship is requested,
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2271208 c. any student participating in the scholarship pr ogram
2281209 shall attend throughout the school year, unless
2291210 excused by the school for illness or other good cause,
2301211 and shall comply fully with the code of conduct for
2311212 the school,
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2331213 d. the parent or legal guardian shall ful ly comply with
2341214 the parental involvement re quirements of the private
2351215 school, unless excused by the school for il lness or
2361216 other good cause, and
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2381217 e. upon issuance of a scholarship warrant, the p arent or
2391218 legal guardian to whom the warrant is made shall
2401219 restrictively endorse the warrant to the private
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2411246 school for deposit into the account of the private
2421247 school. The parent or legal guardian may not
2431248 designate any entity or individual associated with t he
2441249 private school as the attorney in fact for the parent
2451250 or legal guardian to endorse a warrant. A parent o r
2461251 legal guardian who fails to comply with this
2471252 subparagraph shall for feit the scholarship.
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2491253 2. A participant who fails to comply with this subsectio n
2501254 forfeits the scholarship.
251-
2521255 J. Provisions governing payment of a Lindsey Nicole Henry
2531256 Scholarship shall be as follows:
254-
2551257 1. The State Department of Education shall calculate the total
2561258 cost of all scholarships for all elig ible students in the state.
2571259 The State Department of Education shall then reserve or retain from
2581260 the total amount appropriated to the State Boa rd of Education for
2591261 State Aid purposes and any other revenue availabl e for allocation
2601262 for State Aid purposes the total cost for all scholarship paym ents;
261-
2621263 2. The maximum scholarship granted for an eligible student with
2631264 disabilities shall be a calculated am ount equivalent to the total
2641265 State Aid factors for the applicable sch ool year multiplied by the
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2671266 grade and disability weights generated by that for which the student
2681267 is eligible for the applicable school year. The disability weights
2691268 used in calculating the scholarship amount shall include all
2701269 disability weights which correspond to the disabilities i ncluded in
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2711296 the multidisciplinary evaluation and eligi bility group summary for
2721297 the student at the time the request for a scholarship is made by the
2731298 parent or legal guardian. The maximum scholarship amount shall be
2741299 calculated by the State Board of Education for each year the student
2751300 is participating in the sc holarship program;
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2771301 3. The amount of the scholarship shall be the amount calculated
2781302 in paragraph 2 of this s ubsection or the amount of tuition and fees
2791303 for the private school, whichever is less, minus up to two and one-
2801304 half percent (2 1/2%) of the scholars hip amount which may be
2811305 retained by the State Department of Educat ion as a fee for
2821306 administrative services r endered. If a private school does not
2831307 charge tuition, the amount of the scholarship shall be the am ount
2841308 calculated in paragraph 2 of this subsection minus up to two and
2851309 one-half percent (2 1/2%) of the scholarship amount which may be
2861310 retained by the State Department of Ed ucation as a fee for
2871311 administrative services rendered. The amount of any assessment fee
2881312 required by the private school and the amount associ ated with
2891313 providing services and therapies to address the disabilities of the
2901314 student may be paid from the total amount of the scholarship. The
2911315 amount of the scholarship shall be prorated to reflect the number of
2921316 days remaining in the current school year, if the scholarship
2931317 request is granted after the begi nning of the school year;
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2951318 4. The State Department of Education shall notify the private
2961319 school of the amount of the scholarship within ten (10) days after
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2971346 receiving the request for a scholarship, when t he total State Aid
2981347 factors have been determined for t he current fiscal year. The
2991348 initial payment shall be made after the Department verifies
3001349 admission acceptance and enrollment. Quarterly payments shall be
3011350 made upon verification of continued enrollment a nd attendance at the
3021351 private school. Payment shall b e made by the Department with a n
3031352 individual warrant made payable to the parent or legal guardian of
3041353 the student and mailed by the Department to the private sc hool that
3051354 the parent or legal guardian choose s. The parent or legal guardian
3061355 shall restrictively endorse the warrant to the priv ate school for
3071356 deposit into the account of the private school;
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3111357 5. The State Department of Education shall not be responsible
3121358 for any additional costs associated with speci al education and
3131359 related services incurred by the pri vate school for the student
3141360 including the cost of teachers, equipment, material, and special
3151361 costs associated with the special education class;
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3171362 6. The State Department of Education shall establish a tol l-
3181363 free telephone number or website that provides pare nts or legal
3191364 guardians and private schools with information about the program;
320-
3211365 7. The State Department of E ducation shall require an annual,
3221366 notarized, sworn compliance statement by participating privat e
3231367 schools certifying compliance with state laws and s hall retain all
3241368 records received from a participating private school. The State
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3251395 Department of Education sha ll post on its website the annual
3261396 compliance statement for each participating private school; a nd
327-
3281397 8. The State Department of Education shall cross -check the list
3291398 of participating scholarship students with the public school
3301399 enrollments prior to each schola rship payment to avoid duplication.
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3321400 K. 1. The State Superintendent of Public Instruction shal l
3331401 deny, suspend, or revoke the participation of a pri vate school in
3341402 the scholarship program if it is determined that the private school
3351403 has failed to comply with the provisions of this section. However,
3361404 in instances in which the noncompliance is correctab le within a
3371405 reasonable amount of time and in which th e health, safety, or
3381406 welfare of the students is not threatened, the Superintendent may
3391407 issue a notice of non compliance which shall provide the private
3401408 school with a time frame within which to provide evi dence of
3411409 compliance prior to taking action to suspend or revoke participation
3421410 in the scholarship program.
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3441411 2. If the Superintendent intends to deny, suspend, or revoke
3451412 the participation of a private school in th e scholarship program,
3461413 the Department shall n otify the private school of the proposed
3471414 action in writing by certified mail and reg ular mail to the private
3481415 school’s address of record with the Department. The Department
3491416 shall also notify any parents or legal guardians of scholarship
3501417 students attending the private school. The notification shall
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3511444 include the reasons for the proposed act ion and notice of the
3521445 timelines and procedures set forth in this subsection.
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3561446 3. The private school that is adversely affected by the
3571447 proposed action shall have fifteen (15 ) days from receipt of the
3581448 notice of proposed action to file with the Department a r equest for
3591449 an administrative hearing proceeding pursuant to the Administrativ e
3601450 Procedures Act.
361-
3621451 4. Upon receipt of a request fo r a hearing, the State Board of
3631452 Education shall commence a hearing within sixty (60) days after th e
3641453 receipt of the formal written request and enter an order within
3651454 thirty (30) days after the hearing.
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3671455 5. The Board may immediately suspend payment of scholar ship
3681456 funds if it is determined that there is probable cause to believe
3691457 that there is an imminent t hreat to the health, safety, or welfare
3701458 of the students or fraudulent activity on the part of the private
3711459 school.
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3731460 L. No liability shall arise on the part of the state, the State
3741461 Board of Education, the State Department of Education, or a school
3751462 district based on the award or use of any scholarship provided
3761463 through the Lindsey Nicole Henry Scholarships for Stude nts with
3771464 Disabilities Program.
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3791465 M. The inclusion of private schools within options available to
3801466 public school students in Oklahoma shall not expand the regulatory
3811467 authority of the state or any school district to impose any
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3821494 additional regulation of private schools beyond those reasonably
3831495 necessary to enforce the requirements expressly set forth in thi s
3841496 section.
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3861497 N. If the State Department of Education determines that a
3871498 school district prior to the effective date of this act August 26,
3881499 2011, has failed to comply with the provisions of the Lindsey Nicole
3891500 Henry Scholarships for Students with Disabilities Pro gram Act and
3901501 has failed to make full or partial s cholarship payments for eligibl e
3911502 students, the Department shall have authority to reduce the amount
3921503 of State Aid allocated to the school district or require t he school
3931504 district to make repayment to the Depar tment of State Aid
3941505 allocations in an amount equal to the amount of scholarship p ayments
3951506 the school district failed to make. The Department shall make
3961507 payment to the parent or legal guardian in the amount th e school
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3991508 district failed to make in the manner as provided for in subsection
4001509 J of this section.
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4021510 O. The State Department of Educa tion shall annually prepare and
4031511 post on its website a report of Lindsey Nicol e Henry Scholarships
4041512 for Students with Disabilitie s Program. The annual report shall
4051513 include, but not be limited to, the following information:
406-
4071514 1. The total number and amount of scholarships awarded and
4081515 reported for each participating private school;
1516+2. The total number of scholarships denied;
4091517
410-2. The total number of scholarships denied;
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1534+17
1535+18
1536+19
1537+20
1538+21
1539+22
1540+23
1541+24
4111542
4121543 3. The total number and amount of scholarship payments
4131544 suspended for each participating private school; a nd
414-
4151545 4. Data on participating st udents, disaggregated by years of
4161546 participation in the program, grade level, economically
4171547 disadvantaged status, racial and ethn ic groups, and disability
4181548 category.
419-
420-
421-ENR. S. B. NO. 358 Page 11
422-Passed the Senate the 21st day of May, 2024.
1549+Passed the Senate the 13th day of March, 2023.
4231550
4241551
4251552
4261553 Presiding Officer of the Senate
4271554
4281555
429-Passed the House of Representatives the 24th day of April, 2024.
1556+Passed the House of Representatives the ____ da y of __________,
1557+2023.
4301558
4311559
4321560
4331561 Presiding Officer of the House
4341562 of Representatives
4351563
436-OFFICE OF THE GOVERNOR
437-Received by the Office of the Governor this _______ _____________
438-day of _________________ __, 20_______, at _______ o'clock _______ M.
439-By: _________________________________
440-Approved by the Governor of the State of Oklahoma this _______ __
441-day of _________________ __, 20_______, at _______ o'clock _______ M.
4421564
443- _________________________________
444- Governor of the State of Oklahoma
445-
446-
447-OFFICE OF THE SECRETARY OF STATE
448-Received by the Office of the Secretary of State this _______ ___
449-day of _________________ _, 20 _______, at _______ o'clock __ _____ M.
450-By: _________________________________