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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 376 By: Murdock
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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. 2021, Section 13-101.2, as amended
8 by Section 1, Chapter 337, O.S.L. 2024 (70 O.S. Supp.
9 2024, Section 13-101.2), which relates to creation of
9 the program; removing the prior public school
10 enrollment requirement; modifying requirement to
10 obtain private school admission; modifying
11 requirement to notify the State Department of
11 Education; updating statutory language; providing an
12 effective date; and declaring an emergency.
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1 5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, as
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1 7 amended by Section 1, Chapter 337, O.S.L. 2024 (70 O.S. Supp. 2024,
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1 8 Section 13-101.2), is amended to read as follows:
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19 Section 13-101.2. A. There is hereby created the Lindsey
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2 0 Nicole Henry Scholarships for Students with Disabilities Program.
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2 1 The Lindsey Nicole Henry Scholarships for Students with Disabilities
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2 2 Program is established to provide a scholarship to a private school
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2 3 of choice for students with disabilities for whom an individualized
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2 4 education program (IEP) in accordance with the Individuals with
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1 Disabilities Education Act (IDEA) or an individualized service plan
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2 pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes
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3 has been developed at any time prior to notifying the State
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4 Department of Education of the intent to participate in the Program
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5 and the IEP is in effect at the time the request for a scholarship
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6 is received by the State Department of Education. Scholarships
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7 shall be awarded beginning with the 2010-2011 school year.
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8 B. The parent or legal guardian of a public school student with
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9 a disability may exercise their parental option and request to have
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1 0 a Lindsey Nicole Henry Scholarship awarded for the child to enroll
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1 1 in and attend a private school in accordance with this section and
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1 2 the scholarship shall be awarded if:
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13 1. The student has spent the prior school year in attendance at
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1 4 a public school in this state. For purposes of this section, "prior
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1 5 school year in attendance" means that the student was enrolled in
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1 6 and reported by a school district for funding purposes during the
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1 7 preceding school year regardless of whether or not the student had
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1 8 an IEP at the time the student was counted for funding purposes. A
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1 9 student who is a child of a member of the United States Armed Forces
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2 0 who transfers to a school in this state from out of state or from a
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2 1 foreign country pursuant to a permanent change of station orders of
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2 2 the parent shall be exempt from the requirements of this paragraph
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2 3 but shall be required to meet all other eligibility requirements to
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2 4 participate as provided for in this section. A student who has been
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1 provided services under an Individual Family Service Plan through
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2 the SoonerStart program and during transition was evaluated and
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3 determined to be eligible for school district services shall be
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4 exempt from the requirements of this paragraph but shall be required
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5 to meet all other eligibility requirements to participate as
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6 provided for in this section. A student who was in out-of-home
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7 placement with the Department of Human Services; who was adopted
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8 while in the permanent custody of the Department of Human Services;
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9 who is enrolling or is enrolled in a school that exclusively serves
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1 0 students experiencing homelessness; or who was in out-of-home
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1 1 placement with the Office of Juvenile Affairs shall be exempt from
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1 2 the requirements of this paragraph but shall be required to meet all
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1 3 other eligibility requirements to participate as provided for in
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1 4 this section an IEP or an individualized service plan as provided
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1 5 for in subsection A of this section; and
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16 2. The parent or legal guardian has obtained provides an
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1 7 assurance to obtain acceptance for admission of the student to a
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1 8 private school that is eligible for the program as provided in
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1 9 subsection H of this section and has notified agrees to notify the
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2 0 State Department of Education of the request for a scholarship.
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2 1 Requests to participate in the program made after December 1 shall
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2 2 be granted, but funding for scholarships requested after December 1
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2 3 shall not be available until the beginning of the next school year.
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2 4 The request shall be through a communication directly to the
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1 Department in a manner that creates a written or electronic record
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2 of the request and the date of receipt of the request. The
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3 Department shall notify the school district in which the student is
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4 enrolled, if applicable, upon receipt of the request. For purposes
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5 of continuity of educational choice, the scholarship shall remain in
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6 force until the student enrolls in a public school, graduates from
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7 high school, or reaches the age of twenty-two (22), whichever occurs
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8 first. At any time, the parent or legal guardian of the student may
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9 remove the student from the private school and place the student in
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1 0 another private school that is eligible for the program as provided
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1 1 in subsection H of this section or place the student in a public
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1 2 school.
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13 C. A student shall be eligible for a scholarship if the parent
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1 4 or legal guardian of the student made a request for a scholarship
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1 5 for the 2010-2011 school year and the student transferred to an
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1 6 eligible private school but was subsequently denied a scholarship
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1 7 because the student did not have an IEP in effect on October 1,
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1 8 2009, but did meet all other eligibility requirements as set forth
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1 9 in the Lindsey Nicole Henry Scholarships for Students with
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2 0 Disabilities Program Act.
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21 D. A student shall not be eligible for a Lindsey Nicole Henry
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2 2 Scholarship if the student is not having regular and direct contact
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2 3 with the private school teachers at the physical location of the
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2 4 private school.
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1 E. School districts shall notify the parent or legal guardian
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2 of a public school student with a disability of all options
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3 available pursuant to this section and inform the parent or legal
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4 guardian of the availability of information about the program from
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5 the State Department of Education through the toll-free telephone
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6 number or website. The notification shall be provided with or
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7 included in the copy of the "Parents Rights in Special Education:
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8 Notice of Procedural Safeguards" document given to parents at least
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9 annually or as otherwise required by law.
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10 F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
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1 1 have the same effect as a parental revocation of consent to service
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1 2 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
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1 3 IDEA.
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14 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
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1 5 parent or legal guardian shall assume full financial responsibility
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1 6 for the education of the student including, but not limited to,
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1 7 transportation to and from the private school.
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18 G. If the parent or legal guardian requests a Lindsey Nicole
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1 9 Henry Scholarship and the student is accepted by the private school
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2 0 pending the availability of a space for the student, the parent or
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2 1 legal guardian of the student shall notify the State Department of
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2 2 Education before entering the private school and before December 1
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2 3 in order to be eligible for the scholarship during the school year
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2 4 when a space becomes available for the student in the private
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1 school. If notification is made after December 1, payment of the
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2 scholarship shall not begin until the next school year.
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3 H. 1. To be eligible to participate in the Lindsey Nicole
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4 Henry Scholarships for Students with Disabilities Program, a private
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5 school shall notify the State Department of Education of its intent
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6 to participate. The notice shall specify the grade levels and
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7 services that the private school has available for students with
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8 disabilities who are participating in the scholarship program. The
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9 State Department of Education shall approve a private school as
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1 0 eligible to participate in the scholarship program upon
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1 1 determination that the private school:
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12 a. meets the accreditation requirements set by the State
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13 Board of Education or another accrediting association
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14 approved by the State Board of Education. The State
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15 Department of Education shall list on its website all
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16 accrediting associations approved by the Board,
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17 b. demonstrates fiscal soundness by having been in
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18 operation for one (1) school year or providing the
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19 State Department of Education with a statement by a
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20 certified public accountant confirming that the
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21 private school desiring to participate is insured and
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22 the owner or owners have sufficient capital or credit
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23 to operate the school for the upcoming year by serving
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24 the number of students anticipated with expected
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1 revenues from tuition and other sources that may be
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2 reasonably expected. In lieu of a statement, a surety
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3 bond or letter of credit for the amount equal to the
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4 scholarship funds for any quarter may be filed with
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5 the Department,
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6 c. complies with the antidiscrimination provisions of 42
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7 U.S.C., Section 2000d,
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8 d. meets state and local health and safety laws and
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9 codes,
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10 e. will be academically accountable to the parent or
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11 legal guardian for meeting the educational needs of
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12 the student,
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13 f. employs or contracts with teachers who hold
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14 baccalaureate or higher degrees, or have at least
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15 three (3) years of teaching experience in public or
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16 private schools, or have special skills, knowledge, or
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17 expertise that qualifies them to provide instruction
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18 in subjects taught,
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19 g. complies with all state laws relating to general
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20 regulation of private schools, and
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21 h. adheres to the tenets of its published disciplinary
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22 procedures prior to the expulsion of a scholarship
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23 student.
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1 2. Upon approval of a private school, the State Department of
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2 Education shall provide on its website all information and material
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3 submitted by the private school with its application.
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4 I. 1. Lindsey Nicole Henry Scholarship Program participants
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5 shall comply with the following:
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6 a. the parent or legal guardian shall select the private
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7 school from the schools approved for eligibility
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8 pursuant to subsection H of this section and apply for
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9 the admission of the child,
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10 b. the parent or legal guardian shall request the
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11 scholarship no later than December 1 of the school
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12 year during which the scholarship is requested,
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13 c. any student participating in the scholarship program
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14 shall attend throughout the school year, unless
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15 excused by the school for illness or other good cause,
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16 and shall comply fully with the code of conduct for
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17 the school,
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18 d. the parent or legal guardian shall fully comply with
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19 the parental involvement requirements of the private
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20 school, unless excused by the school for illness or
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21 other good cause, and
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22 e. upon issuance of a scholarship warrant, the parent or
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23 legal guardian to whom the warrant is made shall
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24 restrictively endorse the warrant to the private
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1 school for deposit into the account of the private
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2 school. The parent or legal guardian may not
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3 designate any entity or individual associated with the
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4 private school as the attorney in fact for the parent
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5 or legal guardian to endorse a warrant. A parent or
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6 legal guardian who fails to comply with this
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7 subparagraph shall forfeit the scholarship.
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8 2. A participant who fails to comply with this subsection
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9 forfeits the scholarship.
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10 J. Provisions governing payment of a Lindsey Nicole Henry
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1 1 Scholarship shall be as follows:
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12 1. The State Department of Education shall calculate the total
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1 3 cost of all scholarships for all eligible students in the state.
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1 4 The State Department of Education shall then reserve or retain from
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1 5 the total amount appropriated to the State Board of Education for
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1 6 State Aid purposes and any other revenue available for allocation
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1 7 for State Aid purposes the total cost for all scholarship payments;
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18 2. The maximum scholarship granted for an eligible student with
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1 9 disabilities shall be a calculated amount equivalent to the total
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2 0 State Aid factors for the applicable school year multiplied by the
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2 1 grade and disability weights for which the student is eligible for
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2 2 the applicable school year. The disability weights used in
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2 3 calculating the scholarship amount shall include all disability
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2 4 weights which correspond to the disabilities included in the
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1 multidisciplinary evaluation and eligibility group summary for the
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2 student at the time the request for a scholarship is made by the
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3 parent or legal guardian. The maximum scholarship amount shall be
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4 calculated by the State Board of Education for each year the student
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5 is participating in the scholarship program;
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6 3. The amount of the scholarship shall be the amount calculated
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7 in paragraph 2 of this subsection or the amount of tuition and fees
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8 for the private school, whichever is less, minus up to two and one-
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9 half percent (2 1/2%) of the scholarship amount which may be
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1 0 retained by the State Department of Education as a fee for
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1 1 administrative services rendered. If a private school does not
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1 2 charge tuition, the amount of the scholarship shall be the amount
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1 3 calculated in paragraph 2 of this subsection minus up to two and
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1 4 one-half percent (2 1/2%) of the scholarship amount which may be
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1 5 retained by the State Department of Education as a fee for
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1 6 administrative services rendered. The amount of any assessment fee
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1 7 required by the private school and the amount associated with
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1 8 providing services and therapies to address the disabilities of the
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1 9 student may be paid from the total amount of the scholarship. The
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2 0 amount of the scholarship shall be prorated to reflect the number of
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2 1 days remaining in the current school year, if the scholarship
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2 2 request is granted after the beginning of the school year;
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23 4. The State Department of Education shall notify the private
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2 4 school of the amount of the scholarship within ten (10) days after
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1 receiving the request for a scholarship, when the total State Aid
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2 factors have been determined for the current fiscal year. The
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3 initial payment shall be made after the Department verifies
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4 admission acceptance and enrollment. Quarterly payments shall be
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5 made upon verification of continued enrollment and attendance at the
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6 private school. Payment shall be made by the Department with an
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7 individual warrant made payable to the parent or legal guardian of
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8 the student and mailed by the Department to the private school that
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9 the parent or legal guardian chooses. The parent or legal guardian
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1 0 shall restrictively endorse the warrant to the private school for
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1 1 deposit into the account of the private school;
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12 5. The State Department of Education shall not be responsible
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1 3 for any additional costs associated with special education and
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1 4 related services incurred by the private school for the student
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1 5 including the cost of teachers, equipment, material, and special
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1 6 costs associated with the special education class;
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17 6. The State Department of Education shall establish a toll-
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1 8 free telephone number or website that provides parents or legal
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1 9 guardians and private schools with information about the program;
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20 7. The State Department of Education shall require an annual,
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2 1 notarized, sworn compliance statement by participating private
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2 2 schools certifying compliance with state laws and shall retain all
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2 3 records received from a participating private school. The State
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1 Department of Education shall post on its website the annual
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2 compliance statement for each participating private school; and
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3 8. The State Department of Education shall cross-check the list
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4 of participating scholarship students with the public school
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5 enrollments prior to each scholarship payment to avoid duplication.
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6 K. 1. The State Superintendent of Public Instruction shall
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7 deny, suspend, or revoke the participation of a private school in
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8 the scholarship program if it is determined that the private school
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9 has failed to comply with the provisions of this section. However,
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1 0 in instances in which the noncompliance is correctable within a
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1 1 reasonable amount of time and in which the health, safety, or
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1 2 welfare of the students is not threatened, the Superintendent may
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1 3 issue a notice of noncompliance which shall provide the private
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1 4 school with a time frame within which to provide evidence of
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1 5 compliance prior to taking action to suspend or revoke participation
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1 6 in the scholarship program.
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17 2. If the Superintendent intends to deny, suspend, or revoke
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1 8 the participation of a private school in the scholarship program,
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1 9 the Department shall notify the private school of the proposed
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2 0 action in writing by certified mail and regular mail to the private
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2 1 school's address of record with the Department. The Department
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2 2 shall also notify any parents or legal guardians of scholarship
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2 3 students attending the private school. The notification shall
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1 include the reasons for the proposed action and notice of the
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2 timelines and procedures set forth in this subsection.
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3 3. The private school that is adversely affected by the
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4 proposed action shall have fifteen (15) days from receipt of the
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5 notice of proposed action to file with the Department a request for
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6 an administrative hearing proceeding pursuant to the Administrative
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7 Procedures Act.
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8 4. Upon receipt of a request for a hearing, the State Board of
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9 Education shall commence a hearing within sixty (60) days after the
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1 0 receipt of the formal written request and enter an order within
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1 1 thirty (30) days after the hearing.
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12 5. The Board may immediately suspend payment of scholarship
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1 3 funds if it is determined that there is probable cause to believe
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1 4 that there is an imminent threat to the health, safety, or welfare
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1 5 of the students or fraudulent activity on the part of the private
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1 6 school.
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17 L. No liability shall arise on the part of the state, the State
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1 8 Board of Education, the State Department of Education, or a school
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1 9 district based on the award or use of any scholarship provided
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2 0 through the Lindsey Nicole Henry Scholarships for Students with
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2 1 Disabilities Program.
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22 M. The inclusion of private schools within options available to
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2 3 public school students in Oklahoma shall not expand the regulatory
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2 4 authority of the state or any school district to impose any
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1 additional regulation of private schools beyond those reasonably
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2 necessary to enforce the requirements expressly set forth in this
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3 section.
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4 N. If the State Department of Education determines that a
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5 school district prior to August 26, 2011, has failed to comply with
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6 the provisions of the Lindsey Nicole Henry Scholarships for Students
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7 with Disabilities Program Act and has failed to make full or partial
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8 scholarship payments for eligible students, the Department shall
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9 have authority to reduce the amount of State Aid allocated to the
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1 0 school district or require the school district to make repayment to
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1 1 the Department of State Aid allocations in an amount equal to the
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1 2 amount of scholarship payments the school district failed to make.
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1 3 The Department shall make payment to the parent or legal guardian in
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1 4 the amount the school district failed to make in the manner as
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1 5 provided for in subsection J of this section.
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16 O. The State Department of Education shall annually prepare and
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1 7 post on its website a report of Lindsey Nicole Henry Scholarships
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1 8 for Students with Disabilities Program. The annual report shall
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1 9 include, but not be limited to, the following information:
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20 1. The total number and amount of scholarships awarded and
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2 1 reported for each participating private school;
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22 2. The total number of scholarships denied;
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23 3. The total number and amount of scholarship payments
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2 4 suspended for each participating private school; and
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1 4. Data on participating students, disaggregated by years of
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2 participation in the program, grade level, economically
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3 disadvantaged status, racial and ethnic groups, and disability
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4 category.
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5 SECTION 2. This act shall become effective July 1, 2025.
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6 SECTION 3. It being immediately necessary for the preservation
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7 of the public peace, health, or safety, an emergency is hereby
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8 declared to exist, by reason whereof this act shall take effect and
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9 be in full force from and after its passage and approval.
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