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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 105 By: Daniels and Murdock of the
Senate
and
Caldwell (Chad) of the
House
COMMITTEE SUBSTITUTE
An Act relating to the Lindsey Nicole Henry
Scholarships for Students with Disabilities Program;
deleting references to public school; replacing
references to disability with special need; removing
prior enrollment in public school requirement;
modifying eligibility requirements for scholarships;
removing certain effect after acceptance of a
scholarship; providing an effective date; and
declaring an emergency.
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.
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The Lindsey Nicole Henry Scholarships for Students with Disabilities
Program is established to provide a scholarship to a private school
of choice for students with disabilities for whom an individualized
education program (IEP) in accordance with the Individuals with
Disabilities Education Act (IDEA) or an individualized service plan
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 is in effect at the time the request for a scholarship
is received by the State Department of Education special needs who
meet at least one of the criteria of subparagraphs a, b, c, d, e, f,
or g of paragraph 1 of subsection B of this section . Scholarships
shall be awarded beginning with the 2010 -2011 school year.
B. The parent or legal guardian of a public school student with
a disability special need may exercise their his or her parental
option and request to have a Lindsey Nicole Henry Scholarship
awarded for the child to enroll in and attend a private school in
accordance with this section and the scholarship shall be awarded
if:
1. The a. the student has spent the prior school y ear 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
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during the preceding school year regardless o f whether
or not the student had an IEP at the time the student
was counted for funding purposes. A an individualized
education program (IEP), an individualized service
plan (ISP), or meets the eligibility standards for
special education services in accor dance with the
Individuals with Disabilities Education Act (IDEA),
b. the student has had an individualized service plan
pursuant to Section 1 -4-704 of Title 10A of the
Oklahoma Statutes any time prior to notifying the
State Department of Education of the intent to
participate in the program,
c. the student who is a child of a member of the United
States Armed Forces who transfers to a school in this
state from out of state or from a foreign country
pursuant to a permanent change of station orders of
the parent shall be exempt from the requirements of
this paragraph but shall be required to meet all other
eligibility requirements to participate as provided
for in this section. A student who has been provided
services under an Individual Family Service Plan
through the SoonerStart program and during transition
was evaluated and determined to be eligible for school
district services shall be exempt from the
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requirements of this paragraph but shall be required
to meet all other eligibility requirements to
participate as provided for in this section. A ,
d. the student who was in out-of-home placement with the
Department of Human Services ; who,
e. the student was adopted while in the permanent custody
of the Department of Human Services ; who,
f. the student is enrolling or is enrolled in a school
that exclusively serves students experiencing
homelessness;, or who
g. the student was in out-of-home placement with the
Office of Juvenile Affairs shall be exempt from the
requirements of this paragraph but shall be requ ired
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 su bsection H of this section and has
notified the State Department of Education of the request 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 no t be available until the beginning of the
next school year. The request shall be through a communication
directly to the Department in a manner that creates a written or
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electronic record of the request and the date of receipt of the
request. The Departm ent shall notify 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 f or 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 in effect on October 1,
2009, but did meet all other eligibility requirements as set forth
in the Lindsey Nicole Henry Scholarships for Students with
Disabilities Program Act.
D. A student shall not be eligible for a Lindsey Nicole Henry
Scholarship if the student is not having regular and direct contact
with the private school teachers at the physical location of the
private school.
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E. School districts shall notify the parent or legal guardian
of a public school student with a disability special need of all
options available pursuant to this section and inform the parent or
legal guardian of the availability of in formation 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
Education: Notice of Procedural Safegua rds" 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 to,
transportation to and from the pr ivate 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 th e State Department of
Education before entering 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
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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 special needs who are participating in the scholarship
program. The State Department of E ducation 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 accrediting association
approved by the State Board of Education. The State
Department of Education shall list on its website all
accrediting associations approved by the Board,
b. demonstrates fiscal soundness by having been in
operation for one (1) school year or providing the
State Department of Education with a statement by a
certified public accountant confirming that the
private school desiring to participate is insured and
the owner or owners have sufficient capital or credit
to operate the school for the upcoming year by serving
the number of students anticipated with expected
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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 any 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 meeting the educational needs of
the student,
f. employs or contracts with teachers who hold
baccalaureate or higher degrees, or have at least
three (3) years of teaching experience in public or
private schools, or have special skills, 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
h. adheres to the tenets of its published disciplinary
procedures prior to the expulsion of a scholarship
student.
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2. Upon approval of a private school, the State Department of
Education shall provide on its website all information and material
submitted by the private school with its application.
I. 1. Lindsey Nicole Henry Scholarship Program participants
shall comply with the following:
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
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
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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 scholarship.
2. A participant who fails to comply with this subsection
forfeits the scholarship.
J. Provisions governing payment of a Lindsey Nicole Henry
Scholarship shall be as follows:
1. The State Department of Education shall calculate the total
cost of all scholarships for all e ligible 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 t he total cost for all scholarship payments;
2. The maximum scholarship granted for an eligible student with
disabilities special needs 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 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
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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 year 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 special
needs 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 days remaining in the current school year, if
the scholarship request is granted after the beginning of the school
year;
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4. The State Department of Education shall notify the private
school of the amount of the scholarship within ten (10) days after
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 t he private school that
the parent or legal guardian chooses. The parent or legal guardian
shall restrictively endorse the warrant to the private school for
deposit into the account of the private school;
5. The State Department of Education shall not be responsible
for any additional costs associated with 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;
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
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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 Department 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. How ever,
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 pr ivate
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 school in the scholarship program,
the Department shall notify the private school of the proposed
action in writing by certified mail and regular mail to the private
school's address of record with the Department. The Department
shall also notify any par ents or legal guardians of scholarship
students attending the private school. The notification shall
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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 advers ely affected by the
proposed action shall have fifteen (15) days from receipt of the
notice of proposed action to file with the Department a request for
an administrative hearing proceeding pursuant to the Administrative
Procedures Act.
4. Upon receipt of a request for a hearing, the State Board of
Education shall commence a hearing within sixty (60) days after the
receipt of the formal written request and enter an order within
thirty (30) days after the hearing.
5. The Board may immediately suspend payme nt 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. No liability shall arise on the part of the state, the State
Board of Education, the State Department of Education, or a school
district based on the award or use of any scholarship provided
through the Lindsey Nicole Henry Scholarships for Students with
Disabilities Program.
M. The inclusion of private schools within options available to
public school students in Oklahoma shall not expand the regulatory
authority of the state or any school district to impose any
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additional regulation of private schools beyond those reasonably
necessary to enforce the requirements expressly set forth in this
section.
N. 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 Students
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 make 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
the amount the school district failed to make in the manner as
provided for in subsection J of this section.
O. The State Department of Education shall annually prepare and
post on its website a report of Lindsey Nicole Henry Scholarships
for Students with Disabilities Program. The an nual 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 a mount of scholarship payments
suspended for each participating private school; and
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4. Data on participating students, disaggregated by years of
participation in the program, grade level, economically
disadvantaged status, racial and ethnic groups, and dis ability
category.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION OVERSIGHT, dated
04/16/2025 - DO PASS, As Amended.