Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB105 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SB105 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 60th Legislature (2025)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR ENGROSSED
37	34		SENATE BILL NO. 105 By: Daniels and Murdock of the
38	35		Senate
39	36
40	37		and
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42	39		Caldwell (Chad) of the
43	40		House
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49	48		COMMITTEE SUBSTITUTE
50	49
51	50		An Act relating to the Lindsey Nicole Henry
52	51		Scholarships for Students with Disabilities Program;
53	52		deleting references to public school; replacing
54	53		references to disability with special need; removing
55	54		prior enrollment in public school requirement;
56	55		modifying eligibility requirements for sch olarships;
57	56		removing certain effect after acceptance of a
58	57		scholarship; providing an effective date; and
59	58		declaring an emergency.
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65	64		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
66	65		SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, as
67	66		amended by Section 1, Chapter 337, O.S.L. 2024 (70 O.S. Supp. 2024,
68	67		Section 13-101.2), is amended to read as follows:
69	68		Section 13-101.2. A. There is hereby created the Lindsey
70	69		Nicole Henry Scholarships for Students with Disabilities Program.
71	70
72		-	SB105 HFLR Page 2
73		-	BOLD FACE denotes Committee Amendments. 1
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98	96		The Lindsey Nicole Henry Scholarships for Students with Disabilities
99	97		Program is established to provide a scholarship to a private school
100	98		of choice for students with disabilities for whom an individualized
101	99		education program (IEP) in accordance with the Ind ividuals with
102	100		Disabilities Education Act (IDEA) or an individualized service plan
103	101		pursuant to Section 1 -4-704 of Title 10A of the Oklahoma Statutes
104	102		has been developed at any time prior to notifying the State
105	103		Department of Education of the intent to partici pate in the Program
106	104		and the IEP is in effect at the time the request for a scholarship
107	105		is received by the State Department of Education special needs who
108	106		meet at least one of the criteria of subparagraphs a, b, c, d, e, f,
109	107		or g of paragraph 1 of subsection B of this section. Scholarships
110	108		shall be awarded beginning with the 2010 -2011 school year.
111	109		B. The parent or legal guardian of a public school student with
112	110		a disability special need may exercise their his or her parental
113	111		option and request to have a Lind sey Nicole Henry Scholarship
114	112		awarded for the child to enroll in and attend a private school in
115	113		accordance with this section and the scholarship shall be awarded
116	114		if:
117	115		1. The a. the student has spent the prior school year in
118	116		attendance at a public school in this state. For
119	117		purposes of this section, "prior school year in
120	118		attendance" means that the student was enrolled in and
121	119		reported by a school district for funding purposes
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123		-	SB105 HFLR Page 3
124		-	BOLD FACE denotes Committee Amendments. 1
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149	146		during the preceding school year regardless of whether
150	147		or not the student had an IEP at the time the student
151	148		was counted for funding purposes. A an individualized
152	149		education program (IEP), an individualized service
153	150		plan (ISP), or meets the eligibility standards for
154	151		special education services in accordance with the
155	152		Individuals with Disabili ties Education Act (IDEA),
156	153		b. the student has had an individualized service plan
157	154		pursuant to Section 1 -4-704 of Title 10A of the
158	155		Oklahoma Statutes any time prior to notifying the
159	156		State Department of Education of the intent to
160	157		participate in the program,
161	158		c. the student who is a child of a member of the United
162	159		States Armed Forces who transfers to a school in this
163	160		state from out of state or from a foreign country
164	161		pursuant to a permanent change of station orders of
165	162		the parent shall be exempt from the requiremen ts of
166	163		this paragraph but shall be required to meet all other
167	164		eligibility requirements to participate as provided
168	165		for in this section. A student who has been provided
169	166		services under an Individual Family Service Plan
170	167		through the SoonerStart program and duri ng transition
171	168		was evaluated and determined to be eligible for school
172	169		district services shall be exempt from the
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174		-	SB105 HFLR Page 4
175		-	BOLD FACE denotes Committee Amendments. 1
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200	196		requirements of this paragraph but shall be required
201	197		to meet all other eligibility requirements to
202	198		participate as provided for in this section. A,
203	199		d. the student who was in out-of-home placement with the
204	200		Department of Human Services ; who,
205	201		e. the student was adopted while in the permanent custody
206	202		of the Department of Human Services ; who,
207	203		f. the student is enrolling or is enrolled in a school
208	204		that exclusively serves students experiencing
209	205		homelessness;, or who
210	206		g. the student was in out-of-home placement with the
211	207		Office of Juvenile Affairs shall be exempt from the
212	208		requirements of this paragraph but shall be required
213	209		to meet all other eligibility requi rements to
214	210		participate as provided for in this section ; and
215	211		2. The parent or legal guardian has obtained acceptance for
216	212		admission of the student to a private school that is eligible for
217	213		the program as provided in subsection H of this section and has
218	214		notified the State Department of Education of the request for a
219	215		scholarship. Requests to participate in the program made after
220	216		December 1 shall be granted, but funding for scholarships requested
221	217		after December 1 shall not be available until the beginning of th e
222	218		next school year. The request shall be through a communication
223	219		directly to the Department in a manner that creates a written or
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225		-	SB105 HFLR Page 5
226		-	BOLD FACE denotes Committee Amendments. 1
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251	246		electronic record of the request and the date of receipt of the
252	247		request. The Department shall notify the school district in which
253	248		the student is enrolled, if applicable, upon receipt of the request.
254	249		For purposes of continuity of educational choice, the scholarship
255	250		shall remain in force until the student enrolls in a public school,
256	251		graduates from high school, or reaches the age of twenty-two (22),
257	252		whichever occurs first. At any time, the parent or legal guardian
258	253		of the student may remove the student from the private school and
259	254		place the student in another private school that is eligible for the
260	255		program as provided in subsection H of this section or place the
261	256		student in a public school.
262	257		C. A student shall be eligible for a scholarship if the parent
263	258		or legal guardian of the student made a request for a scholarship
264	259		for the 2010-2011 school year and the student transferred to an
265	260		eligible private school but was subsequently denied a scholarship
266	261		because the student did not have an IEP in effect on October 1,
267	262		2009, but did meet all other eligibility requirements as set forth
268	263		in the Lindsey Nicole Henry Scholarships for Students with
269	264		Disabilities Program Act.
270	265		D. A student shall not be eligible for a Lindsey Nicole Henry
271	266		Scholarship if the student is not having regular and direct contact
272	267		with the private school teachers at the physical location of the
273	268		private school.
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275		-	SB105 HFLR Page 6
276		-	BOLD FACE denotes Committee Amendments. 1
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301	295		E. School districts shall notify the parent or legal guardian
302	296		of a public school student with a disability special need of all
303	297		options available pursuant to this section and inform the parent or
304	298		legal guardian of the availability of information about the program
305	299		from the State Department of Education through the toll -free
306	300		telephone number or website. The notification shall be provided
307	301		with or included in the copy of the "Parents Rights in Special
308	302		Education: Notice of Procedural Safeguards " document given to
309	303		parents at least annually or as otherwise required by law.
310	304		F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
311	305		have the same effect as a parental revocation of consent to service
312	306		pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
313	307		IDEA.
314	308		2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
315	309		parent or legal guardian shall assume full financial responsibility
316	310		for the education of the student including, but not limited to,
317	311		transportation to and from the private school.
318	312		G. If the parent or legal guardian requests a Lindsey Nicole
319	313		Henry Scholarship and the student is accepted by the private school
320	314		pending the availability of a space for the student, the parent or
321	315		legal guardian of the student shall notify the State Department of
322	316		Education before entering the private school and before December 1
323	317		in order to be eligible for the scholarship during the school year
324	318		when a space becomes available for the student in the private
325	319
326		-	SB105 HFLR Page 7
327		-	BOLD FACE denotes Committee Amendments. 1
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352	345		school. If notification is made after December 1, payment of the
353	346		scholarship shall not begin until the next school year.
354	347		H. 1. To be eligible to participate in the Lindsey Nicole
355	348		Henry Scholarships for Students with Disabilities Program, a private
356	349		school shall notify the State Department of Education of its intent
357	350		to participate. The notice shall specify the grade levels and
358	351		services that the private school has available for students with
359	352		disabilities special needs who are participating in the scholarship
360	353		program. The State Department of Education shall approve a private
361	354		school as eligible to participate in the scholarship program upon
362	355		determination that the private school:
363	356		a. meets the accreditation requirements set by the State
364	357		Board of Education or another accrediting association
365	358		approved by the State Board of Education. The State
366	359		Department of Education shall list on its website all
367	360		accrediting associations approved by the Board,
368	361		b. demonstrates fiscal soundness by having been in
369	362		operation for one (1) school year or providing the
370	363		State Department of Education with a statement by a
371	364		certified public accountant confirming that the
372	365		private school desiring to participate is insured and
373	366		the owner or owners have sufficient capital or credit
374	367		to operate the school for the upcoming year by serving
375	368		the number of students anticipated with expected
376	369
377		-	SB105 HFLR Page 8
378		-	BOLD FACE denotes Committee Amendments. 1
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403	395		revenues from tuition and other sources that may be
404	396		reasonably expected. In lieu of a statement, a surety
405	397		bond or letter of credit for the amount equal to the
406	398		scholarship funds for any quarter may be filed with
407	399		the Department,
408	400		c. complies with the antidiscrimination provisions of 42
409	401		U.S.C., Section 2000d,
410	402		d. meets state and local health and safety laws and
411	403		codes,
412	404		e. will be academically accountable to the parent or
413	405		legal guardian for meeting the educational needs of
414	406		the student,
415	407		f. employs or contracts with teachers who hold
416	408		baccalaureate or higher degrees, or have at least
417	409		three (3) years of teaching experience in public or
418	410		private schools, or have special skills, knowledge, or
419	411		expertise that qualifies them to provide instruction
420	412		in subjects taught,
421	413		g. complies with all state laws relating to general
422	414		regulation of private schools, and
423	415		h. adheres to the tenets of its published disciplinary
424	416		procedures prior to the expulsion of a scholarship
425	417		student.
426	418
427		-	SB105 HFLR Page 9
428		-	BOLD FACE denotes Committee Amendments. 1
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453	444		2. Upon approval of a private school, the State D epartment of
454	445		Education shall provide on its website all information and material
455	446		submitted by the private school with its application.
456	447		I. 1. Lindsey Nicole Henry Scholarship Program participants
457	448		shall comply with the following:
458	449		a. the parent or legal gua rdian shall select the private
459	450		school from the schools approved for eligibility
460	451		pursuant to subsection H of this section and apply for
461	452		the admission of the child,
462	453		b. the parent or legal guardian shall request the
463	454		scholarship no later than December 1 of the school
464	455		year during which the scholarship is requested,
465	456		c. any student participating in the scholarship program
466	457		shall attend throughout the school year, unless
467	458		excused by the school for illness or other good cause,
468	459		and shall comply fully with the code of c onduct for
469	460		the school,
470	461		d. the parent or legal guardian shall fully comply with
471	462		the parental involvement requirements of the private
472	463		school, unless excused by the school for illness or
473	464		other good cause, and
474	465		e. upon issuance of a scholarship warrant, the par ent or
475	466		legal guardian to whom the warrant is made shall
476	467		restrictively endorse the warrant to the private
477	468
478		-	SB105 HFLR Page 10
479		-	BOLD FACE denotes Committee Amendments. 1
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504	494		school for deposit into the account of the private
505	495		school. The parent or legal guardian may not
506	496		designate any entity or individual associated with the
507	497		private school as the attorney in fact for the parent
508	498		or legal guardian to endorse a warrant. A parent or
509	499		legal guardian who fails to comply with this
510	500		subparagraph shall forfeit the scholarship.
511	501		2. A participant who fails to comply with this subsection
512	502		forfeits the scholarship.
513	503		J. Provisions governing payment of a Lindsey Nicole Henry
514	504		Scholarship shall be as follows:
515	505		1. The State Department of Education shall calculate the total
516	506		cost of all scholarships for all eligible students in the state.
517	507		The State Department of Education shall then reserve or retain from
518	508		the total amount appropriated to the State Board of Education for
519	509		State Aid purposes and any other revenue available for allocation
520	510		for State Aid purposes the total cost for all scholarship paymen ts;
521	511		2. The maximum scholarship granted for an eligible student with
522	512		disabilities special needs shall be a calculated amount equivalent
523	513		to the total State Aid factors for the applicable school year
524	514		multiplied by the grade and disability weights for which t he student
525	515		is eligible for the applicable school year. The disability weights
526	516		used in calculating the scholarship amount shall include all
527	517		disability weights which correspond to the disabilities included in
528	518
529		-	SB105 HFLR Page 11
530		-	BOLD FACE denotes Committee Amendments. 1
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555	544		the multidisciplinary evaluation and eligibility group summary for
556	545		the student at the time the request for a scholarship is made by the
557	546		parent or legal guardian. The maximum scholarship amount shall be
558	547		calculated by the State Board of Education for each year the student
559	548		is participating in the scholars hip program;
560	549		3. The amount of the scholarship shall be the amount calculated
561	550		in paragraph 2 of this subsection or the amount of tuition and fees
562	551		for the private school, whichever is less, minus up to two and one -
563	552		half percent (2 1/2%) of the scholarship am ount which may be
564	553		retained by the State Department of Education as a fee for
565	554		administrative services rendered. If a private school does not
566	555		charge tuition, the amount of the scholarship shall be the amount
567	556		calculated in paragraph 2 of this subsection minu s up to two and
568	557		one-half percent (2 1/2%) of the scholarship amount which may be
569	558		retained by the State Department of Education as a fee for
570	559		administrative services rendered. The amount of any assessment fee
571	560		required by the private school and the amount as sociated with
572	561		providing services and therapies to address the disabilities special
573	562		needs of the student may be paid from the total amount of the
574	563		scholarship. The amount of the scholarship shall be prorated to
575	564		reflect the number of days remaining in the cu rrent school year, if
576	565		the scholarship request is granted after the beginning of the school
577	566		year;
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579		-	SB105 HFLR Page 12
580		-	BOLD FACE denotes Committee Amendments. 1
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605	593		4. The State Department of Education shall notify the private
606	594		school of the amount of the scholarship within ten (10) days after
607	595		receiving the request for a s cholarship, when the total State Aid
608	596		factors have been determined for the current fiscal year. The
609	597		initial payment shall be made after the Department verifies
610	598		admission acceptance and enrollment. Quarterly payments shall be
611	599		made upon verification of cont inued enrollment and attendance at the
612	600		private school. Payment shall be made by the Department with an
613	601		individual warrant made payable to the parent or legal guardian of
614	602		the student and mailed by the Department to the private school that
615	603		the parent or legal guardian chooses. The parent or legal guardian
616	604		shall restrictively endorse the warrant to the private school for
617	605		deposit into the account of the private school;
618	606		5. The State Department of Education shall not be responsible
619	607		for any additional costs ass ociated with special education and
620	608		related services incurred by the private school for the student
621	609		including the cost of teachers, equipment, material, and special
622	610		costs associated with the special education class;
623	611		6. The State Department of Education sha ll establish a toll-
624	612		free telephone number or website that provides parents or legal
625	613		guardians and private schools with information about the program;
626	614		7. The State Department of Education shall require an annual,
627	615		notarized, sworn compliance statement by pa rticipating private
628	616		schools certifying compliance with state laws and shall retain all
629	617
630		-	SB105 HFLR Page 13
631		-	BOLD FACE denotes Committee Amendments. 1
	618	+	Req. No. 13550 Page 13 1
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656	643		records received from a participating private school. The State
657	644		Department of Education shall post on its website the annual
658	645		compliance statement for each participating private school; and
659	646		8. The State Department of Education shall cross -check the list
660	647		of participating scholarship students with the public school
661	648		enrollments prior to each scholarship payment to avoid duplication.
662	649		K. 1. The State Superintendent of Publi c Instruction shall
663	650		deny, suspend, or revoke the participation of a private school in
664	651		the scholarship program if it is determined that the private school
665	652		has failed to comply with the provisions of this section. However,
666	653		in instances in which the noncompl iance is correctable within a
667	654		reasonable amount of time and in which the health, safety, or
668	655		welfare of the students is not threatened, the Superintendent may
669	656		issue a notice of noncompliance which shall provide the private
670	657		school with a time frame within wh ich to provide evidence of
671	658		compliance prior to taking action to suspend or revoke participation
672	659		in the scholarship program.
673	660		2. If the Superintendent intends to deny, suspend, or revoke
674	661		the participation of a private school in the scholarship program,
675	662		the Department shall notify the private school of the proposed
676	663		action in writing by certified mail and regular mail to the private
677	664		school's address of record with the Department. The Department
678	665		shall also notify any parents or legal guardians of scholarship
679	666		students attending the private school. The notification shall
680	667
681		-	SB105 HFLR Page 14
682		-	BOLD FACE denotes Committee Amendments. 1
	668	+	Req. No. 13550 Page 14 1
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707	693		include the reasons for the proposed action and notice of the
708	694		timelines and procedures set forth in this subsection.
709	695		3. The private school that is adversely affected by the
710	696		proposed action shal l have fifteen (15) days from receipt of the
711	697		notice of proposed action to file with the Department a request for
712	698		an administrative hearing proceeding pursuant to the Administrative
713	699		Procedures Act.
714	700		4. Upon receipt of a request for a hearing, the State Boar d of
715	701		Education shall commence a hearing within sixty (60) days after the
716	702		receipt of the formal written request and enter an order within
717	703		thirty (30) days after the hearing.
718	704		5. The Board may immediately suspend payment of scholarship
719	705		funds if it is determi ned that there is probable cause to believe
720	706		that there is an imminent threat to the health, safety, or welfare
721	707		of the students or fraudulent activity on the part of the private
722	708		school.
723	709		L. No liability shall arise on the part of the state, the State
724	710		Board of Education, the State Department of Education, or a school
725	711		district based on the award or use of any scholarship provided
726	712		through the Lindsey Nicole Henry Scholarships for Students with
727	713		Disabilities Program.
728	714		M. The inclusion of private schools within op tions available to
729	715		public school students in Oklahoma shall not expand the regulatory
730	716		authority of the state or any school district to impose any
731	717
732		-	SB105 HFLR Page 15
733		-	BOLD FACE denotes Committee Amendments. 1
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758	743		additional regulation of private schools beyond those reasonably
759	744		necessary to enforce the requirements express ly set forth in this
760	745		section.
761	746		N. If the State Department of Education determines that a
762	747		school district prior to August 26, 2011, has failed to comply with
763	748		the provisions of the Lindsey Nicole Henry Scholarships for Students
764	749		with Disabilities Program Act and has failed to make full or partial
765	750		scholarship payments for eligible students, the Department shall
766	751		have authority to reduce the amount of State Aid allocated to the
767	752		school district or require the school district to make repayment to
768	753		the Department of State Aid allocations in an amount equal to the
769	754		amount of scholarship payments the school district failed to make.
770	755		The Department shall make payment to the parent or legal guardian in
771	756		the amount the school district failed to make in the manner as
772	757		provided for in subsection J of this section.
773	758		O. The State Department of Education shall annually prepare and
774	759		post on its website a report of Lindsey Nicole Henry Scholarships
775	760		for Students with Disabilities Program. The annual report shall
776	761		include, but not be li mited to, the following information:
777	762		1. The total number and amount of scholarships awarded and
778	763		reported for each participating private school;
779	764		2. The total number of scholarships denied;
780	765		3. The total number and amount of scholarship payments
781	766		suspended for each participating private school; and
782	767
783		-	SB105 HFLR Page 16
784		-	BOLD FACE denotes Committee Amendments. 1
	768	+	Req. No. 13550 Page 16 1
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809	793		4. Data on participating students, disaggregated by years of
810	794		participation in the program, grade level, economically
811	795		disadvantaged status, racial and ethnic groups, and disability
812	796		category.
813	797		SECTION 2. This act shall become effective July 1, 2025.
814	798		SECTION 3. It being immediately necessary for the preservation
815	799		of the public peace, health, or safety, an emergency is hereby
816	800		declared to exist, by reason whereof this act shall take effe ct and
817	801		be in full force from and after its passage and approval.
818	802
819		-	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION OVERSIGHT, dated
820		-	04/16/2025 - DO PASS, As Amended.
	803	+	60-1-13550 AQH 04/16/25
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