1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 358 By: Daniels
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5 AS INTRODUCED
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6 An Act relating to the Lindsey Nicole Henry
6 Scholarships for Students with Disabilities Program;
7 amending 70 O.S. 2021, Section 13-101.2, which
7 relates to eligibility for the program; removing
8 requirement for prior public school year attendance;
8 providing certain exemption to certain students;
9 modifying reference to weights to be used in certain
9 calculation; updating statutory language; providing
10 an effective date; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, is
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14 amended to read as follows:
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15 Section 13-101.2. A. There is hereby created the Lindsey
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16 Nicole Henry Scholarships for Students with Disabilities Program.
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17 The Lindsey Nicole Henry Scholarships for Students with Disabilities
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18 Program is established to provide a scholarship to a private school
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19 of choice for students with disabilities for whom an individualized
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20 education program (IEP) in accordance with the Individuals with
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21 Disabilities Education Act (IDEA) or an individualized service plan
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22 pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes
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23 has been developed at any time prior to notifying the State
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24 Department of Education of the intent to participate in the Program
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 1 and the IEP is in effect at the time the request for a scholarship
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2 is received by the State Department of Education. Scholarships
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3 shall be awarded beginning with the 2010-2011 school year.
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4 B. The parent or legal guardian of a public school student with
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5 a disability may exercise their parental option and request to have
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6 a Lindsey Nicole Henry Scholarship awarded for the child to enroll
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7 in and attend a private school in accordance with this section and
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8 the scholarship shall be awarded if:
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9 1. The student has spent the prior school year in attendance at
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10 a public school in this state. For purposes of this section, “prior
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11 school year in attendance” means that the student was enrolled in
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12 and reported by a school district for funding purposes during the
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13 preceding school year regardless of whether or not the student had
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14 an IEP at the time the student was counted for funding purposes. A
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15 student who is a child of a member of the United States Armed Forces
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16 who transfers to a school in this state from out of state or from a
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17 foreign country pursuant to a permanent change of station orders of
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18 the parent shall be exempt from the requirements of this paragraph
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19 but shall be required to meet all other eligibility requirements to
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20 participate as provided for in this section. A student who has been
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21 provided services under an Individual Family Service Plan through
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22 the SoonerStart program and during transition was evaluated and
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23 determined to be eligible for school district services shall be
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24 exempt from the requirements of this paragraph but shall be required
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 1 to meet all other eligibility requirements to participate as
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2 provided for in this section. A an IEP or individualized service
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3 plan as provided for in subsection A of this section; provided,
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4 however, a student who was in out-of-home placement with the
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5 Department of Human Services,; who was adopted while in the
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6 permanent custody of the Department of Human Services, an
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7 international child-placing agency, a child-placing agency in this
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8 state, or a federally recognized Indian tribe; or who was in out-
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9 of-home placement with the Office of Juvenile Affairs shall be
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10 exempt from the requirements of this paragraph but shall be required
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11 to meet all other eligibility requirements to participate as
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12 provided for in this section not be required to have an IEP or an
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13 individualized service plan; and
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14 2. The parent or legal guardian has obtained acceptance for
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15 admission of the student to a private school that is eligible for
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16 the program as provided in subsection H of this section and has
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17 notified the State Department of Education of the request for a
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18 scholarship. Requests to participate in the program made after
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19 December 1 shall be granted, but funding for scholarships requested
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20 after December 1 shall not be available until the beginning of the
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21 next school year. The request shall be through a communication
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22 directly to the Department in a manner that creates a written or
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23 electronic record of the request and the date of receipt of the
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24 request. The Department shall notify the school district in which
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 1 the student is enrolled, if applicable, upon receipt of the request.
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2 For purposes of continuity of educational choice, the scholarship
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3 shall remain in force until the student returns to enrolls in a
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4 public school, graduates from high school, or reaches the age of
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5 twenty-two (22), whichever occurs first. At any time, the parent or
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6 legal guardian of the student may remove the student from the
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7 private school and place the student in another private school that
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8 is eligible for the program as provided in subsection H of this
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9 section or place the student in a public school.
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10 C. A student shall be eligible for a scholarship if the parent
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11 or legal guardian of the student made a request for a scholarship
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12 for the 2010-2011 school year and the student transferred to an
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13 eligible private school but was subsequently denied a scholarship
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14 because the student did not have an IEP in effect on October 1,
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15 2009, but did meet all other eligibility requirements as set forth
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16 in the Lindsey Nicole Henry Scholarships for Students with
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17 Disabilities Program Act.
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18 D. A student shall not be eligible for a Lindsey Nicole Henry
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19 Scholarship if the student is not having regular and direct contact
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20 with the private school teachers at the physical location of the
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21 private school.
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22 E. School districts shall notify the parent or legal guardian
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23 of a public school student with a disability of all options
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24 available pursuant to this section and inform the parent or legal
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 1 guardian of the availability of information about the program from
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2 the State Department of Education through the toll-free telephone
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3 number or website. The notification shall be provided with or
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4 included in the copy of the “Parents Rights in Special Education:
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5 Notice of Procedural Safeguards” document given to parents at least
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6 annually or as otherwise required by law.
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7 F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
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8 have the same effect as a parental revocation of consent to service
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9 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
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10 IDEA.
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11 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
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12 parent or legal guardian shall assume full financial responsibility
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13 for the education of the student, including but not limited to
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14 transportation to and from the private school.
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15 G. If the parent or legal guardian requests a Lindsey Nicole
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16 Henry Scholarship and the student is accepted by the private school
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17 pending the availability of a space for the student, the parent or
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18 legal guardian of the student shall notify the State Department of
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19 Education before entering the private school and before December 1
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20 in order to be eligible for the scholarship during the school year
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21 when a space becomes available for the student in the private
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22 school. If notification is made after December 1, payment of the
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23 scholarship shall not begin until the next school year.
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 1 H. 1. To be eligible to participate in the Lindsey Nicole
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2 Henry Scholarships for Students with Disabilities Program, a private
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3 school shall notify the State Department of Education of its intent
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4 to participate. The notice shall specify the grade levels and
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5 services that the private school has available for students with
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6 disabilities who are participating in the scholarship program. The
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7 State Department of Education shall approve a private school as
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8 eligible to participate in the scholarship program upon
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9 determination that the private school:
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10 a. meets the accreditation requirements set by the State
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11 Board of Education or another accrediting association
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12 approved by the State Board of Education. The State
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13 Department of Education shall list on its website all
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14 accrediting associations approved by the Board,
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15 b. demonstrates fiscal soundness by having been in
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16 operation for one (1) school year or providing the
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17 State Department of Education with a statement by a
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18 certified public accountant confirming that the
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19 private school desiring to participate is insured and
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20 the owner or owners have sufficient capital or credit
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21 to operate the school for the upcoming year by serving
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22 the number of students anticipated with expected
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23 revenues from tuition and other sources that may be
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24 reasonably expected. In lieu of a statement, a surety
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 1 bond or letter of credit for the amount equal to the
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2 scholarship funds for any quarter may be filed with
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3 the Department,
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4 c. complies with the antidiscrimination provisions of 42
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5 U.S.C., Section 2000d,
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6 d. meets state and local health and safety laws and
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7 codes,
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8 e. will be academically accountable to the parent or
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9 legal guardian for meeting the educational needs of
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10 the student,
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11 f. employs or contracts with teachers who hold
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12 baccalaureate or higher degrees, or have at least
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13 three (3) years of teaching experience in public or
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14 private schools, or have special skills, knowledge, or
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15 expertise that qualifies them to provide instruction
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16 in subjects taught,
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17 g. complies with all state laws relating to general
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18 regulation of private schools, and
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19 h. adheres to the tenets of its published disciplinary
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20 procedures prior to the expulsion of a scholarship
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21 student.
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22 2. Upon approval of a private school, the State Department of
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23 Education shall provide on its website all information and material
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24 submitted by the private school with its application.
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 1 I. 1. Lindsey Nicole Henry Scholarship Program participants
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2 shall comply with the following:
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3 a. the parent or legal guardian shall select the private
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4 school from the schools approved for eligibility
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5 pursuant to subsection H of this section and apply for
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6 the admission of the child,
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7 b. the parent or legal guardian shall request the
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8 scholarship no later than December 1 of the school
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9 year during which the scholarship is requested,
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10 c. any student participating in the scholarship program
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11 shall attend throughout the school year, unless
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12 excused by the school for illness or other good cause,
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13 and shall comply fully with the code of conduct for
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14 the school,
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15 d. the parent or legal guardian shall fully comply with
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16 the parental involvement requirements of the private
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17 school, unless excused by the school for illness or
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18 other good cause, and
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19 e. upon issuance of a scholarship warrant, the parent or
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20 legal guardian to whom the warrant is made shall
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21 restrictively endorse the warrant to the private
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22 school for deposit into the account of the private
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23 school. The parent or legal guardian may not
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24 designate any entity or individual associated with the
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 1 private school as the attorney in fact for the parent
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2 or legal guardian to endorse a warrant. A parent or
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3 legal guardian who fails to comply with this
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4 subparagraph shall forfeit the scholarship.
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5 2. A participant who fails to comply with this subsection
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6 forfeits the scholarship.
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7 J. Provisions governing payment of a Lindsey Nicole Henry
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8 Scholarship shall be as follows:
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9 1. The State Department of Education shall calculate the total
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10 cost of all scholarships for all eligible students in the state.
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11 The State Department of Education shall then reserve or retain from
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12 the total amount appropriated to the State Board of Education for
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13 State Aid purposes and any other revenue available for allocation
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14 for State Aid purposes the total cost for all scholarship payments;
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15 2. The maximum scholarship granted for an eligible student with
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16 disabilities shall be a calculated amount equivalent to the total
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17 State Aid factors for the applicable school year multiplied by the
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18 grade and disability weights generated by that for which the student
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19 is eligible for the applicable school year. The disability weights
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20 used in calculating the scholarship amount shall include all
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21 disability weights which correspond to the disabilities included in
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22 the multidisciplinary evaluation and eligibility group summary for
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23 the student at the time the request for a scholarship is made by the
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24 parent or legal guardian. The maximum scholarship amount shall be
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 1 calculated by the State Board of Education for each year the student
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2 is participating in the scholarship program;
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3 3. The amount of the scholarship shall be the amount calculated
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4 in paragraph 2 of this subsection or the amount of tuition and fees
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5 for the private school, whichever is less, minus up to two and one-
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6 half percent (2 1/2%) of the scholarship amount which may be
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7 retained by the State Department of Education as a fee for
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8 administrative services rendered. The amount of any assessment fee
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9 required by the private school and the amount associated with
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10 providing services and therapies to address the disabilities of the
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11 student may be paid from the total amount of the scholarship. The
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12 amount of the scholarship shall be prorated to reflect the number of
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13 days remaining in the current school year, if the scholarship
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14 request is granted after the beginning of the school year;
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15 4. The State Department of Education shall notify the private
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16 school of the amount of the scholarship within ten (10) days after
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17 receiving the request for a scholarship, when the total State Aid
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18 factors have been determined for the current fiscal year. The
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19 initial payment shall be