Okla. Stat. tit. 70, § 70-13-101.2

Eligibility.

A. There is hereby created the Lindsey Nicole Henry

Scholarships for Students with Disabilities Program. 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 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. Scholarships shall be awarded

beginning with the 2010-2011 school year.

Oklahoma Statutes - Title 70. Schools Page 606

B. The parent or legal guardian of a student with a special

need may exercise 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. a. the student has 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

State Department of Education of the intent to

participate in the program,

c. the student 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,

d. the student was in out-of-home placement with the

Department of Human Services,

e. the student was adopted while in the permanent custody

of the Department of Human Services,

f. the student is enrolling or is enrolled in a school

that exclusively serves students experiencing

homelessness, or

g. the student was in out-of-home placement with the

Office of Juvenile Affairs; 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 subsection 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 not 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

electronic record of the request and the date of receipt of the

request. The Department 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 for the

Oklahoma Statutes - Title 70. Schools Page 607

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.
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.

E. School districts shall notify the parent or legal guardian

of a public school student with a special need of all options

available pursuant to this section and inform the parent or legal

guardian of the availability of information 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 Safeguards" document given to parents at least

annually or as otherwise required by law.

F. 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 private 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 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. 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

special needs who are participating in the scholarship program. The

State Department of Education 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

Oklahoma Statutes - Title 70. Schools Page 608

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

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
ional 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.

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,

Oklahoma Statutes - Title 70. Schools Page 609

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 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 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

f. 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

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 eligible 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 the total cost for all scholarship payments;

2. The maximum scholarship granted for an eligible student with

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 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

Oklahoma Statutes - Title 70. Schools Page 610

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
st for a scholarship is made by the

parent or legal guardian. The maximum scholarship amount shall be

Oklahoma Statutes - Title 70. Schools Page 610

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 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;

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 the 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

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

Oklahoma Statutes - Title 70. Schools Page 611

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. 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
ate school

has failed to comply with the provisions of this section. 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

school's address of record with the Department. The Department

shall also notify any parents or legal guardians of scholarship

students attending the private school. The notification shall

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 adversely 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 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.

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

additional regulation of private schools beyond those reasonably

Oklahoma Statutes - Title 70. Schools Page 612

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 annual 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 amount of scholarship payments

suspended for each participating private school; and

4. Data on participating students, disaggregated by years of

participation in the program, grade level, economically
wing 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 amount of scholarship payments

suspended for each participating private school; and

4. Data on participating students, disaggregated by years of

participation in the program, grade level, economically

disadvantaged status, racial and ethnic groups, and disability

category.