1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 126 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to the Lindsey Nicole Henry
7 Scholarships for Students with Disabilities Program;
8 amending 70 O.S. 2011, Section 13-101.2, as last
8 amended by Section 1, Chapter 1, O.S.L. 2020 (70 O.S.
9 Supp. 2020, Section 13-101.2), which relates to
9 eligibility for the program; modifying discrimination
10 prohibition to which participating private schools
10 must comply; updating reference; providing an
11 effective date; and declaring an emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2011, Section 13-101.2, as
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16 last amended by Section 1, Chapter 1, O.S.L. 2020 (70 O.S. Supp.
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17 2020, Section 13-101.2), is amended to read as follows:
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18 Section 13-101.2. A. There is hereby created the Lindsey
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19 Nicole Henry Scholarships for Students with Disabilities Program.
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20 The Lindsey Nicole Henry Scholarships for Students with Disabilities
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21 Program is established to provide a scholarship to a private school
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22 of choice for students with disabilities for whom an individualized
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23 education program (IEP) in accordance with the Individuals with
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24 Disabilities Education Act (IDEA) or an individualized service plan
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 1 pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes
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2 has been developed at any time prior to notifying the State
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3 Department of Education of the intent to participate in the Program
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4 and the IEP is in effect at the time the request for a scholarship
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5 is received by the State Department of Education. Scholarships
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6 shall be awarded beginning with the 2010-2011 school year.
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7 B. The parent or legal guardian of a public school student with
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8 a disability may exercise their parental option and request to have
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9 a Lindsey Nicole Henry Scholarship awarded for the child to enroll
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10 in and attend a private school in accordance with this section and
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11 the scholarship shall be awarded if:
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12 1. The student has spent the prior school year in attendance at
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13 a public school in this state. For purposes of this section, “prior
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14 school year in attendance” means that the student was enrolled in
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15 and reported by a school district for funding purposes during the
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16 preceding school year regardless of whether or not the student had
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17 an IEP at the time the student was counted for funding purposes. A
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18 student who is a child of a member of the United States Armed Forces
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19 who transfers to a school in this state from out of state or from a
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20 foreign country pursuant to a permanent change of station orders of
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21 the parent shall be exempt from the requirements of this paragraph
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22 but shall be required to meet all other eligibility requirements to
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23 participate as provided for in this section. A student who has been
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24 provided services under an Individual Family Service Plan through
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 1 the SoonerStart program and during transition was evaluated and
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2 determined to be eligible for school district services shall be
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3 exempt from the requirements of this paragraph but shall be required
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4 to meet all other eligibility requirements to participate as
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5 provided for in this section. A student who was in out-of-home
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6 placement with the Department of Human Services, who was adopted
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7 while in the permanent custody of the Department of Human Services
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8 or who was in out-of-home placement with the Office of Juvenile
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9 Affairs shall be exempt from the requirements of this paragraph but
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10 shall be required to meet all other eligibility requirements to
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11 participate as provided for in this section; and
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12 2. The parent or legal guardian has obtained acceptance for
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13 admission of the student to a private school that is eligible for
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14 the program as provided in subsection H of this section and has
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15 notified the State Department of Education of the request for a
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16 scholarship. Requests to participate in the program made after
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17 December 1 shall be granted, but funding for scholarships requested
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18 after December 1 shall not be available until the beginning of the
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19 next school year. The request shall be through a communication
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20 directly to the Department in a manner that creates a written or
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21 electronic record of the request and the date of receipt of the
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22 request. The Department shall notify the school district upon
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23 receipt of the request. For purposes of continuity of educational
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24 choice, the scholarship shall remain in force until the student
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 1 returns to a public school, graduates from high school or reaches
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2 the age of twenty-two (22), whichever occurs first. At any time,
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3 the parent or legal guardian of the student may remove the student
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4 from the private school and place the student in another private
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5 school that is eligible for the program as provided in subsection H
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6 of this section or place the student in a public school.
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7 C. A student shall be eligible for a scholarship if the parent
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8 or legal guardian of the student made a request for a scholarship
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9 for the 2010-2011 school year and the student transferred to an
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10 eligible private school but was subsequently denied a scholarship
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11 because the student did not have an IEP in effect on October 1,
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12 2009, but did meet all other eligibility requirements as set forth
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13 in the Lindsey Nicole Henry Scholarships for Students with
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14 Disabilities Program Act.
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15 D. A student shall not be eligible for a Lindsey Nicole Henry
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16 Scholarship if the student is not having regular and direct contact
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17 with the private school teachers at the physical location of the
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18 private school.
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19 E. School districts shall notify the parent or legal guardian
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20 of a public school student with a disability of all options
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21 available pursuant to this section and inform the parent or legal
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22 guardian of the availability of information about the program from
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23 the State Department of Education through the toll-free telephone
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24 number or website. The notification shall be provided with or
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 1 included in the copy of the “Parents Rights in Special Education:
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2 Notice of Procedural Safeguards” document given to parents at least
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3 annually or as otherwise required by law.
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4 F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
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5 have the same effect as a parental revocation of consent to service
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6 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
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7 IDEA.
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8 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
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9 parent or legal guardian shall assume full financial responsibility
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10 for the education of the student, including but not limited to
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11 transportation to and from the private school.
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12 G. If the parent or legal guardian requests a Lindsey Nicole
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13 Henry Scholarship and the student is accepted by the private school
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14 pending the availability of a space for the student, the parent or
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15 legal guardian of the student shall notify the State Department of
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16 Education before entering the private school and before December 1
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17 in order to be eligible for the scholarship during the school year
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18 when a space becomes available for the student in the private
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19 school. If notification is made after December 1, payment of the
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20 scholarship shall not begin until the next school year.
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21 H. 1. To be eligible to participate in the Lindsey Nicole
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22 Henry Scholarships for Students with Disabilities Program, a private
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23 school shall notify the State Department of Education of its intent
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24 to participate. The notice shall specify the grade levels and
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 1 services that the private school has available for students with
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2 disabilities who are participating in the scholarship program. The
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3 State Department of Education shall approve a private school as
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4 eligible to participate in the scholarship program upon
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5 determination that the private school:
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6 a. meets the accreditation requirements set by the State
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7 Board of Education or another accrediting association
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8 approved by the State Board of Education. The State
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9 Department of Education shall list on its website all
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10 accrediting associations approved by the Board,
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11 b. demonstrates fiscal soundness by having been in
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12 operation for one (1) school year or providing the
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13 State Department of Education with a statement by a
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14 certified public accountant confirming that the
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15 private school desiring to participate is insured and
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16 the owner or owners have sufficient capital or credit
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17 to operate the school for the upcoming year by serving
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18 the number of students anticipated with expected
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19 revenues from tuition and other sources that may be
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20 reasonably expected. In lieu of a statement, a surety
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21 bond or letter of credit for the amount equal to the
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22 scholarship funds for any quarter may be filed with
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23 the Department,
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 1 c. complies with the antidiscrimination prohibits
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2 discrimination on the basis of race, color and
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3 national origin in compliance with the provisions of
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4 42 U.S.C., Section 2000d,
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5 d. meets state and local health and safety laws and
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6 codes,
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7 e. will be academically accountable to the parent or
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8 legal guardian for meeting the educational needs of
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9 the student,
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10 f. employs or contracts with teachers who hold
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11 baccalaureate or higher degrees, or have at least
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12 three (3) years of teaching experience in public or
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13 private schools, or have special skills, knowledge, or
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14 expertise that qualifies them to provide instruction
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15 in subjects taught,
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16 g. complies with all state laws relating to general
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17 regulation of private schools, and
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18 h. adheres to the tenets of its published disciplinary
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19 procedures prior to the expulsion of a scholarship
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20 student.
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21 2. Upon approval of a private school, the State Department of
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22 Education shall provide on its website all information and material
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23 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 student for the
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19 applicable school year. The disability weights used in calculating
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20 the scholarship amount shall include all disability weights which
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21 correspond to the disabilities included in the multidisciplinary
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22 evaluation and eligibility group summary for the student at the time
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23 the request for a scholarship is made by the parent or legal
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24 guardian. The maximum scholarship amount shall be calculated by the
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 1 State Board of Education for each year the student is participating
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2 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 made after the Department verifies
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20 admission acceptance and enrollment. Quarterly payments shall be
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