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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2928 By: Pittman
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 13-101.2, as amended by Section 1, Chapter
337, O.S.L. 2024 (70 O.S. Supp. 20 24, 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 paren tal 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, as
amended by Section 1, Chapter 337, O.S.L. 2024 (70 O.S. Supp. 2024,
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 Program.
The Lindsey Nicole Henry Scholarships for Students with Disabilitie s
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 plan
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(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
Department of Education of the intent to participate in the Program
and the IEP or ISP is in effect at the tim e the request for a
scholarship is received by the State Department of Educati on, 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 wi th 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 parent 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 sch ool in accordance with
this section and the scholarship 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 district for funding purposes during the
preceding school year regardless of whether or not the student had
an IEP at the time the s tudent 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
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the parent shall be exempt from the requirements of this paragraph
but shall be required to meet all other eligibility requirements to
participate as provided for in this section. A student who has been
provided services under an Individual Family Service Plan t hrough
the SoonerStart program and during transition was evaluated and
determined to be eligible for school district services shall be
exempt from the requirements of this paragraph but shall be required
to meet all other eligibility requirements to partic ipate 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 Department of Human Services;
who is enrolling or is enrolled in a school that e xclusively serves
students experiencing homelessness; 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 shall be required to meet all other eligibility
requirements 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 o f this section and has
notified the State Department of Education of the reque st 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 availab le until the beginning of the
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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
request. The Department shall no tify the school district in which
the student is enrolled, if applicable, upon receipt of the request.
For purposes of continuity of educational choice, the scholarship
shall remain in force until the student enrolls in a public school,
graduates from 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 school and
place the student in another private school that is eligible for the
program as provided in subsection 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 the 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 Henr y 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
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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
this section and inform the parent or lega l 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 Edu cation: Notice of
Procedural Safeguards " document given to parents at least annually
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 consent 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 including, but not limited t o,
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 student shall notify the State Department of
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Education before ent ering 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 student in the private
school. If notification is made after December 1, payment of the
scholarship shall not begin until the next 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 State Department of 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 scholarship program. The
State Department of Education shall 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 or another accrediti ng 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 o r 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
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the owner or owners have sufficient capital or credit
to operate the school for the up coming 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
bond or letter of credit for the amount equal to the
scholarship funds for an y quarter may be filed with
the Department,
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 m eeting the educational needs of
the student,
f. employs or contracts with teac hers 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, knowledge, or
expertise that qualifies them to provide instruction
in subjects taught,
g. complies with all state laws relating to general
regulation of private schools, and
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h. adheres to the tenets of its published disciplinary
procedures prior to the expulsion of a scholarsh ip
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 participan ts
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 illness or
other good cause, and
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e. upon issuance of a scholarship 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 individual associated with the
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 forfeit the scholarshi p.
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 all eligible students in the state.
The State Department of Education shall then reserve or retain from
the total amount appropriated to the State Board of Education for
State Aid purposes and any other revenue available 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 school year multiplied by the
grade and disability weights for which the student is eligible for
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the applicable school year. The disability weights used in
calculating the scholarship amount shall include all disability
weights which correspond to the disabilities included in the
multidisciplinary evaluation and eligibility group summary for the
student at the time the request for a scholarship is made by the
parent or legal guardian. The maximum scholarship amount shall be
calculated by the State Board of Education for each y ear the student
is participating in the scholarship program;
3. The amount of the scholarship 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 scholarship amount which may be
retained by the State Department of Education as a fee for
administrative services rendered. If a private school does not
charge tuition, the amount of the scholarship shall be the amount
calculated in paragraph 2 of this subsection 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 as a fee for
administrative services rendered. The amount of any assessment fee
required by the private school and the amount associated with
providing services and therapies to address the disabilities of the
student may be paid from the total amount of the scholarship. The
amount of the scholarship shall be prorated to reflect the number of
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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 notify the private
school of the amount of the scholarship within ten (10) days a fter
receiving the request for a scholarship, when the total State Aid
factors have been determined for the 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 and 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 pri vate school that
the parent or legal guardian chooses. The parent or legal gu ardian
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 respon sible
for any additional costs associated with special education and
related services incurred 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 toll -
free telephone number or website that provides parents or legal
guardians and private schools with information about the program;
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7. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating private
schools certifying compliance with state 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; and
8. The State Departmen t of Education shall cross -check the list
of participating scholarship students with the public school
enrollments prior to each scholarship payment to avoid duplication.
K. 1. The State Superintendent of Public Instruction shall
deny, suspend, or revoke the participation of a private school in
the scholarship program if it is determined that the private school
has failed to comply with the provisions of this section. However,
in instances in which the noncompliance is correctable within a
reasonable amount of time and in which the health, safety, or
welfare of the students is not threatened, the Superintendent may
issue a notice of noncompliance which shall provide the private
school with a time frame within which to provide evidence of
compliance prior to taking action to suspend or revoke participation
in the scholarship program.
2. If the Superintendent intends to deny, suspend, or revoke
the participation of a private schoo l in the scholarship program,
the Department shall notify the private school o f the proposed
action in writing by certified mail and regular mail to the private
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school's address of record with the Department. The Department
shall also notify any parents o r 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 af fected 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 proceeding pursuant to the Administrative
Procedures Act.
4. Upon receipt of a req uest 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.
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 activity on the part of the private
school.
L. A parent or legal guardian who ap plies 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 Correct ions, another out-of-state prison
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system, or the Federal Bureau of Prisons. T he documentation shall
include, but not be limited to, the active Department 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 Ok lahoma shall 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 this
section.
N. O. If the State Department of Education determines that a
school district prior to August 26, 2011, has failed to comply with
the provisions of the Lindsey Nicole Henry Scholarships for Stude nts
with Disabilities Program Act and has 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 ma ke repayment to
the Department of State Aid allocations in an amount equal to the
amount of scholarship payments the school district failed to make.
The Department shall make payment to the parent or legal guardian in
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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 annua l
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 amou nt of scholarship payments
suspended for each participating private school; an d
4. Data on participating students, disaggregated by years of
participation in the program, grade level, economically
disadvantaged status, racial and ethnic groups, and disabi lity
category.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11309 AQH 12/10/24