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ENGROSSED SENATE BILL NO.
An Act ENROLLED SENATE BILL NO.
Daniels and Murdock of the Senate and Caldwell (Chad) of the House 6 [ Scholarships - program - eligibility - effective date - emergency ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Daniels and Murdock of the Senate and Caldwell (Chad), Ford, Banning, and Lepak of the House An Act relating to the Lindsey Nicole Henry Scholarships for Students with Disabilities Program;
amending 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), which relates to the Lindsey Nicole Henry Scholarships for Students with Disabilities Program;
modifying scope of scholarship program for students with special needs;
deleting references to public schools;
updating references describing certain students;
modifying eligibility requirements for scholarships;
removing scholarship acceptance outcome;
directing parents or legal guardians to meet with private schools for certain purpose;
providing an effective date;
and declaring an emergency.
SUBJECT:
Lindsey Nicole Henry Scholarships BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 ENGR.
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 subparagraph a, b, c, d, e, f, or g of paragraph 1 of subsection B of this section.
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105 Page 1 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.
The parent or legal guardian of a public school student with a disability special need may exercise their parental option and request to have a Lindsey Nicole Henry Scholarship awarded for the child to enroll in and attend a private school in accordance with this section and the scholarship shall be awarded if:
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:
For purposes of this section, “prior school year in attendance” means that the student was enrolled in and reported by a school district for funding purposes during the preceding school year regardless of whether or not the student had an IEP at the time the student was counted for funding purposes.
For purposes of this section, "prior school year in attendance" means that the student was enrolled in and reported by a school district for funding purposes during the preceding school year regardless of whether or not the student had an IEP at the time the student was counted for funding purposes.
A an individualized education program (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA), b.
A an individualized education program (IEP), an individualized service plan (ISP), or meets the eligibility standards for special education services in accordance 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 ENGR.
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 ENR.
105 Page 2 State Department of Education of the intent to participate in the program, c.
105 Page 2 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.
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.
the student is enrolling or is enrolled in a school that exclusively serves students experiencing homelessness;, or who ENGR.
the student is enrolling or is enrolled in a school that exclusively serves students experiencing homelessness;, or who g.
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105 Page 3 g.
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.
ENR.
At any time, the parent or legal guardian of the student may remove the student from the private school and place the student in another private school that is eligible for the ENGR.
105 Page 4 program as provided in subsection H of this section or place the student in a public school.
105 Page 3 For purposes of continuity of educational choice, the scholarship shall remain in force until the student enrolls in a public school, graduates from high school, or reaches the age of twenty-two (22), whichever occurs first.
At any time, the parent or legal guardian of the student may remove the student from the private school and place the student in another private school that is eligible for the program as provided in subsection H of this section or place the student in a public school.
The notification shall be provided with or included in the copy of the “Parents Rights in Special Education:
The notification shall be provided with or included in the copy of the "Parents Rights in Special Education:
Notice of Procedural Safeguards” document given to parents at least annually or as otherwise required by law.
Notice of Procedural Safeguards" document given to parents at least annually or as otherwise required by law.
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ENGR.
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105 Page 5 F.
G.
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105 Page 4 G.
The State Department of Education shall approve a private ENGR.
The State Department of Education shall approve a private school as eligible to participate in the scholarship program upon determination that the private school:
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105 Page 6 school as eligible to participate in the scholarship program upon determination that the private school:
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.
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, ENR.
complies with the antidiscrimination provisions of 42 U.S.C., Section 2000d, d.
meets state and local health and safety laws and codes, ENGR.
105 Page 7 e.
105 Page 5 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.
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, ENGR.
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 ENR.
105 Page 8 b.
105 Page 6 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 request the scholarship no later than December 1 of the school year during which the scholarship is requested, c.
the parent or legal guardian of a student who qualifies pursuant to subparagraph a of paragraph 1 of subsection B of this section shall agree to meet annually with a representative of the private school to identify the services necessary to support the special needs of the student participating in the scholarship program, e.
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.
f.
ENGR.
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105 Page 9 J.
2.
ENR.
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105 Page 7 2.
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 ENGR.
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.
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105 Page 10 retained by the State Department of Education as a fee for administrative services rendered.
Payment shall be made by the Department with an individual warrant made payable to the parent or legal guardian of the student and mailed by the Department to the private school that ENGR.
Payment shall be made by the Department with an individual warrant made payable to the parent or legal guardian of ENR.
105 Page 11 the parent or legal guardian chooses.
105 Page 8 the student and mailed by the Department to the private school that the parent or legal guardian chooses.
However, ENGR.
However, in instances in which the noncompliance is correctable within a reasonable amount of time and in which the health, safety, or welfare of the students is not threatened, the Superintendent may issue a notice of noncompliance which shall provide the private school with a time frame within which to provide evidence of compliance prior to taking action to suspend or revoke participation in the scholarship program.
2.
If the Superintendent intends to deny, suspend, or revoke the participation of a private 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 ENR.
105 Page 12 in instances in which the noncompliance is correctable within a reasonable amount of time and in which the health, safety, or welfare of the students is not threatened, the Superintendent may issue a notice of noncompliance which shall provide the private school with a time frame within which to provide evidence of compliance prior to taking action to suspend or revoke participation in the scholarship program.
105 Page 9 school's address of record with the Department.
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.
Upon receipt of a request for a hearing, the State Board of Education shall commence a hearing within sixty (60) days after the ENGR.
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.
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105 Page 13 receipt of the formal written request and enter an order within thirty (30) days after the hearing.
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 ENGR.
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 ENR.
105 Page 14 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.
105 Page 10 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.
ENGR.
ENR.
105 Page 15 Passed the Senate the 11th day of March, 2025.
105 Page 11 Passed the Senate the 13th day of May, 2025.
3 Presiding Officer of the Senate 5 Passed the House of Representatives the ____ day of __________, 2025.
Presiding Officer of the Senate Passed the House of Representatives the 29th day of April, 2025.
8 Presiding Officer of the House of Representatives ENGR.
Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By:
_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By:
_________________________________ ENR.
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