Amendment vs bill 1 Floor Amendment by CALDWELL (UNTIMELY FILED) vs Enrolled

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An Act ENROLLED SENATE BILL NO.
SB105 FA1 CaldwellCh-AQH(Untimely Filed) 4/28/2025 8:51:09 am FLOOR AMENDMENT HOUSE OF REPRESENTATIVES State of Oklahoma SPEAKER:
CHAIR:
I move to amend SB105 Of the printed Bill Page Section Lines Of the Engrossed Bill By deleting the content of the entire measure, and by inserting in lieu thereof the following language:
AMEND TITLE TO CONFORM TO AMENDMENTS Amendment submitted by:
Chad Caldwell Adopted:
_____________________________ ______________________Reading Clerk___ STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) FLOOR SUBSTITUTE FOR ENGROSSED SENATE BILL NO.
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;
Daniels and Murdock of the Senate and Caldwell (Chad) of the House 9 FLOOR SUBSTITUTE An Act relating to the Lindsey Nicole Henry Scholarships for Students with Disabilities Program;
2024, Section 13-101.2), which relates to the Lindsey Nicole Henry Scholarships for Students with Disabilities Program;
2024, Section 13-101.2), which relates to the Lindsey Nicole Henry Scholarships for Student with Disabilities;
modifying scope of scholarship program for students with special needs;
deleting references to public school;
deleting references to public schools;
replacing references to disability with special need;
updating references describing certain students;
removing prior enrollment in public school requirement;
removing scholarship acceptance outcome;
removing certain effect after acceptance of a scholarship;
directing parents or legal guardians to meet with private schools for certain purpose;
requiring certain meeting with private school to identify necessary services for students participating in the scholarship program;
SUBJECT:
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Lindsey Nicole Henry Scholarships BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Section 13-101.2.
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13643 Page 1 Section 13-101.2.
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 Req.
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13643 Page 2 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.
the student who is a child of a member of the United States Armed Forces who transfers to a school in this ENR.
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.
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A student who has been provided services under an Individual Family Service Plan Req.
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13643 Page 3 through the SoonerStart program and during transition was evaluated and determined to be eligible for school district services 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.
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.
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 requirements of this paragraph but shall be required to meet all other eligibility requirements to participate as provided for in this section.
Requests to participate in the program made after December 1 shall be granted, but funding for scholarships requested after December 1 shall not be available until the beginning of the next school year.
Requests to participate in the program made after December 1 shall be granted, but funding for scholarships requested Req.
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13643 Page 4 after December 1 shall not be available until the beginning of the next school year.
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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.
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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.
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.
A student shall not be eligible for a Lindsey Nicole Henry Scholarship if the student is not having regular and direct contact Req.
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13643 Page 5 with the private school teachers at the physical location of the private school.
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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 the State Department of Education before entering the private school and before December 1 Req.
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13643 Page 6 in order to be eligible for the scholarship during the school year when a space becomes available for the student in the private school.
105 Page 4 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 the 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 school.
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 revenues from tuition and other sources that may be reasonably expected.
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 Req.
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.
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13643 Page 7 to operate the school for the upcoming year by serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected.
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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.
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105 Page 5 c.
complies with all state laws relating to general regulation of private schools, and h.
complies with all state laws relating to general regulation of private schools, and Req.
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13643 Page 8 h.
any student participating in the scholarship program shall attend throughout the school year, unless ENR.
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.
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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 Req.
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13643 Page 9 to identify the services necessary to support the special needs of the student participating in the scholarship program, e.
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 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.
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 the total cost for all scholarship payments;
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13643 Page 10 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 the total cost for all scholarship payments;
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105 Page 7 2.
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.
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 Req.
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13643 Page 11 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.
Payment shall be made by the Department with an individual warrant made payable to the parent or legal guardian of ENR.
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 the parent or legal guardian chooses.
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105 Page 8 the student and mailed by the Department to the private school that the parent or legal guardian chooses.
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13643 Page 12 5.
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.
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 Req.
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13643 Page 13 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.
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.
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.
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105 Page 9 school's address of record with the Department.
The Board may immediately suspend payment 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.
The Board may immediately suspend payment of scholarship funds if it is determined that there is probable cause to believe Req.
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13643 Page 14 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.
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.
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.
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The Department shall make payment to the parent or legal guardian in Req.
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13643 Page 15 the amount the school district failed to make in the manner as provided for in subsection J of this section.
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.
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.
ENR.
60-1-13643 AQH 04/25/25 Req.
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13643 Page 16
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105 Page 11 Passed the Senate the 13th day of May, 2025.
Presiding Officer of the Senate Passed the House of Representatives the 29th day of April, 2025.
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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