{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-13-101.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-13-101.2","heading":"Purpose of Program - Scholarship factors -","body":"Eligibility.\n\nA. There is hereby created the Lindsey Nicole Henry\n\nScholarships for Students with Disabilities Program. The Lindsey\n\nNicole Henry Scholarships for Students with Disabilities Program is\n\nestablished to provide a scholarship to a private school of choice\n\nfor students with special needs who meet at least one of the\n\ncriteria of subparagraph a, b, c, d, e, f, or g of paragraph 1 of\n\nsubsection B of this section. Scholarships shall be awarded\n\nbeginning with the 2010-2011 school year.\n\nB. The parent or legal guardian of a student with a special\n\nneed may exercise his or her parental option and request to have a\n\nLindsey Nicole Henry Scholarship awarded for the child to enroll in\n\nand attend a private school in accordance with this section and the\n\nscholarship shall be awarded if:\n\n1. a. the student has an individualized education program\n\n(IEP), an individualized service plan (ISP), or meets\n\nthe eligibility standards for special education\n\nservices in accordance with the Individuals with\n\nDisabilities Education Act (IDEA),\n\nb. the student has had an individualized service plan\n\npursuant to Section 1-4-704 of Title 10A of the\n\nOklahoma Statutes any time prior to notifying the\n\nState Department of Education of the intent to\n\nparticipate in the program,\n\nc. the student is a child of a member of the United\n\nStates Armed Forces who transfers to a school in this\n\nstate from out of state or from a foreign country\n\npursuant to a permanent change of station orders of\n\nthe parent,\n\nd. the student was in out-of-home placement with the\n\nDepartment of Human Services,\n\ne. the student was adopted while in the permanent custody\n\nof the Department of Human Services,\n\nf. the student is enrolling or is enrolled in a school\n\nthat exclusively serves students experiencing\n\nhomelessness, or\n\ng. the student was in out-of-home placement with the\n\nOffice of Juvenile Affairs; and\n\n2. The parent or legal guardian has obtained acceptance for\n\nadmission of the student to a private school that is eligible for\n\nthe program as provided in subsection H of this section and has\n\nnotified the State Department of Education of the request for a\n\nscholarship. Requests to participate in the program made after\n\nDecember 1 shall be granted, but funding for scholarships requested\n\nafter December 1 shall not be available until the beginning of the\n\nnext school year. The request shall be through a communication\n\ndirectly to the Department in a manner that creates a written or\n\nelectronic record of the request and the date of receipt of the\n\nrequest. The Department shall notify the school district in which\n\nthe student is enrolled, if applicable, upon receipt of the request.\n\nFor purposes of continuity of educational choice, the scholarship\n\nshall remain in force until the student enrolls in a public school,\n\ngraduates from high school, or reaches the age of twenty-two (22),\n\nwhichever occurs first. At any time, the parent or legal guardian\n\nof the student may remove the student from the private school and\n\nplace the student in another private school that is eligible for the\n\nprogram as provided in subsection H of this section or place the\n\nstudent in a public school.\n\nC. A student shall be eligible for a scholarship if the parent\n\nor legal guardian of the student made a request for a scholarship\n\nfor the 2010-2011 school year and the student transferred to an\n\neligible private school but was subsequently denied a scholarship\n\nbecause the student did not have an IEP in effect on October 1,\n\n2009, but did meet all other eligibility requirements as set forth\n\nin the Lindsey Nicole Henry Scholarships for Students with\n\nDisabilities Program Act.\n\nD. A student shall not be eligible for a Lindsey Nicole Henry\n\nScholarship if the student is not having regular and direct contact\n\nwith the private school teachers at the physical location of the\n\nprivate school.\nan IEP in effect on October 1,\n\n2009, but did meet all other eligibility requirements as set forth\n\nin the Lindsey Nicole Henry Scholarships for Students with\n\nDisabilities Program Act.\n\nD. A student shall not be eligible for a Lindsey Nicole Henry\n\nScholarship if the student is not having regular and direct contact\n\nwith the private school teachers at the physical location of the\n\nprivate school.\n\nE. School districts shall notify the parent or legal guardian\n\nof a public school student with a special need of all options\n\navailable pursuant to this section and inform the parent or legal\n\nguardian of the availability of information about the program from\n\nthe State Department of Education through the toll-free telephone\n\nnumber or website. The notification shall be provided with or\n\nincluded in the copy of the \"Parents Rights in Special Education:\n\nNotice of Procedural Safeguards\" document given to parents at least\n\nannually or as otherwise required by law.\n\nF. Upon acceptance of a Lindsey Nicole Henry Scholarship, the\n\nparent or legal guardian shall assume full financial responsibility\n\nfor the education of the student including, but not limited to,\n\ntransportation to and from the private school.\n\nG. If the parent or legal guardian requests a Lindsey Nicole\n\nHenry Scholarship and the student is accepted by the private school\n\npending the availability of a space for the student, the parent or\n\nlegal guardian of the student shall notify the State Department of\n\nEducation before entering the private school and before December 1\n\nin order to be eligible for the scholarship during the school year\n\nwhen a space becomes available for the student in the private\n\nschool. If notification is made after December 1, payment of the\n\nscholarship shall not begin until the next school year.\n\nH. 1. To be eligible to participate in the Lindsey Nicole\n\nHenry Scholarships for Students with Disabilities Program, a private\n\nschool shall notify the State Department of Education of its intent\n\nto participate. The notice shall specify the grade levels and\n\nservices that the private school has available for students with\n\nspecial needs who are participating in the scholarship program. The\n\nState Department of Education shall approve a private school as\n\neligible to participate in the scholarship program upon\n\ndetermination that the private school:\n\na. meets the accreditation requirements set by the State\n\nBoard of Education or another accrediting association\n\napproved by the State Board of Education. The State\n\nDepartment of Education shall list on its website all\n\naccrediting associations approved by the Board,\n\nb. demonstrates fiscal soundness by having been in\n\noperation for one (1) school year or providing the\n\nState Department of Education with a statement by a\n\ncertified public accountant confirming that the\n\nprivate school desiring to participate is insured and\n\nthe owner or owners have sufficient capital or credit\n\nto operate the school for the upcoming year by serving\n\nthe number of students anticipated with expected\n\nrevenues from tuition and other sources that may be\n\nreasonably expected. In lieu of a statement, a surety\n\nbond or letter of credit for the amount equal to the\n\nscholarship funds for any quarter may be filed with\n\nthe Department,\n\nc. complies with the antidiscrimination provisions of 42\n\nU.S.C., Section 2000d,\n\nd. meets state and local health and safety laws and\n\ncodes,\n\ne. will be academically accountable to the parent or\n\nlegal guardian for meeting the educational needs of\n\nthe student,\n\nf. employs or contracts with teachers who hold\n\nbaccalaureate or higher degrees, or have at least\n\nthree (3) years of teaching experience in public or\n\nprivate schools, or have special skills, knowledge, or\n\nexpertise that qualifies them to provide instruction\n\nin subjects taught,\n\ng. complies with all state laws relating to general\n\nregulation of private schools, and\nional needs of\n\nthe student,\n\nf. employs or contracts with teachers who hold\n\nbaccalaureate or higher degrees, or have at least\n\nthree (3) years of teaching experience in public or\n\nprivate schools, or have special skills, knowledge, or\n\nexpertise that qualifies them to provide instruction\n\nin subjects taught,\n\ng. complies with all state laws relating to general\n\nregulation of private schools, and\n\nh. adheres to the tenets of its published disciplinary\n\nprocedures prior to the expulsion of a scholarship\n\nstudent.\n\n2. Upon approval of a private school, the State Department of\n\nEducation shall provide on its website all information and material\n\nsubmitted by the private school with its application.\n\nI. 1. Lindsey Nicole Henry Scholarship Program participants\n\nshall comply with the following:\n\na. the parent or legal guardian shall select the private\n\nschool from the schools approved for eligibility\n\npursuant to subsection H of this section and apply for\n\nthe admission of the child,\n\nb. the parent or legal guardian shall request the\n\nscholarship no later than December 1 of the school\n\nyear during which the scholarship is requested,\n\nc. any student participating in the scholarship program\n\nshall attend throughout the school year, unless\n\nexcused by the school for illness or other good cause,\n\nand shall comply fully with the code of conduct for\n\nthe school,\n\nd. the parent or legal guardian of a student who\n\nqualifies pursuant to subparagraph a of paragraph 1 of\n\nsubsection B of this section shall agree to meet\n\nannually with a representative of the private school\n\nto identify the services necessary to support the\n\nspecial needs of the student participating in the\n\nscholarship program,\n\ne. the parent or legal guardian shall fully comply with\n\nthe parental involvement requirements of the private\n\nschool, unless excused by the school for illness or\n\nother good cause, and\n\nf. upon issuance of a scholarship warrant, the parent or\n\nlegal guardian to whom the warrant is made shall\n\nrestrictively endorse the warrant to the private\n\nschool for deposit into the account of the private\n\nschool. The parent or legal guardian may not\n\ndesignate any entity or individual associated with the\n\nprivate school as the attorney in fact for the parent\n\nor legal guardian to endorse a warrant. A parent or\n\nlegal guardian who fails to comply with this\n\nsubparagraph shall forfeit the scholarship.\n\n2. A participant who fails to comply with this subsection\n\nforfeits the scholarship.\n\nJ. Provisions governing payment of a Lindsey Nicole Henry\n\nScholarship shall be as follows:\n\n1. The State Department of Education shall calculate the total\n\ncost of all scholarships for all eligible students in the state.\n\nThe State Department of Education shall then reserve or retain from\n\nthe total amount appropriated to the State Board of Education for\n\nState Aid purposes and any other revenue available for allocation\n\nfor State Aid purposes the total cost for all scholarship payments;\n\n2. The maximum scholarship granted for an eligible student with\n\nspecial needs shall be a calculated amount equivalent to the total\n\nState Aid factors for the applicable school year multiplied by the\n\ngrade and disability weights for which the student is eligible for\n\nthe applicable school year. The disability weights used in\n\ncalculating the scholarship amount shall include all disability\n\nweights which correspond to the disabilities included in the\n\nmultidisciplinary evaluation and eligibility group summary for the\n\nstudent at the time the request for a scholarship is made by the\n\nparent or legal guardian. The maximum scholarship amount shall be\n\ncalculated by the State Board of Education for each year the student\n\nis participating in the scholarship program;\n\n3. The amount of the scholarship shall be the amount calculated\n\nin paragraph 2 of this subsection or the amount of tuition and fees\nst for a scholarship is made by the\n\nparent or legal guardian. The maximum scholarship amount shall be\n\ncalculated by the State Board of Education for each year the student\n\nis participating in the scholarship program;\n\n3. The amount of the scholarship shall be the amount calculated\n\nin paragraph 2 of this subsection or the amount of tuition and fees\n\nfor the private school, whichever is less, minus up to two and one-\n\nhalf percent (2 1/2%) of the scholarship amount which may be\n\nretained by the State Department of Education as a fee for\n\nadministrative services rendered. If a private school does not\n\ncharge tuition, the amount of the scholarship shall be the amount\n\ncalculated in paragraph 2 of this subsection minus up to two and\n\none-half percent (2 1/2%) of the scholarship amount which may be\n\nretained by the State Department of Education as a fee for\n\nadministrative services rendered. The amount of any assessment fee\n\nrequired by the private school and the amount associated with\n\nproviding services and therapies to address the special needs of the\n\nstudent may be paid from the total amount of the scholarship. The\n\namount of the scholarship shall be prorated to reflect the number of\n\ndays remaining in the current school year, if the scholarship\n\nrequest is granted after the beginning of the school year;\n\n4. The State Department of Education shall notify the private\n\nschool of the amount of the scholarship within ten (10) days after\n\nreceiving the request for a scholarship, when the total State Aid\n\nfactors have been determined for the current fiscal year. The\n\ninitial payment shall be made after the Department verifies\n\nadmission acceptance and enrollment. Quarterly payments shall be\n\nmade upon verification of continued enrollment and attendance at the\n\nprivate school. Payment shall be made by the Department with an\n\nindividual warrant made payable to the parent or legal guardian of\n\nthe student and mailed by the Department to the private school that\n\nthe parent or legal guardian chooses. The parent or legal guardian\n\nshall restrictively endorse the warrant to the private school for\n\ndeposit into the account of the private school;\n\n5. The State Department of Education shall not be responsible\n\nfor any additional costs associated with special education and\n\nrelated services incurred by the private school for the student\n\nincluding the cost of teachers, equipment, material, and special\n\ncosts associated with the special education class;\n\n6. The State Department of Education shall establish a toll-\n\nfree telephone number or website that provides parents or legal\n\nguardians and private schools with information about the program;\n\n7. The State Department of Education shall require an annual,\n\nnotarized, sworn compliance statement by participating private\n\nschools certifying compliance with state laws and shall retain all\n\nrecords received from a participating private school. The State\n\nDepartment of Education shall post on its website the annual\n\ncompliance statement for each participating private school; and\n\n8. The State Department of Education shall cross-check the list\n\nof participating scholarship students with the public school\n\nenrollments prior to each scholarship payment to avoid duplication.\n\nK. 1. The State Superintendent of Public Instruction shall\n\ndeny, suspend, or revoke the participation of a private school in\n\nthe scholarship program if it is determined that the private school\n\nhas failed to comply with the provisions of this section. However,\n\nin instances in which the noncompliance is correctable within a\n\nreasonable amount of time and in which the health, safety, or\n\nwelfare of the students is not threatened, the Superintendent may\n\nissue a notice of noncompliance which shall provide the private\n\nschool with a time frame within which to provide evidence of\nate school\n\nhas failed to comply with the provisions of this section. However,\n\nin instances in which the noncompliance is correctable within a\n\nreasonable amount of time and in which the health, safety, or\n\nwelfare of the students is not threatened, the Superintendent may\n\nissue a notice of noncompliance which shall provide the private\n\nschool with a time frame within which to provide evidence of\n\ncompliance prior to taking action to suspend or revoke participation\n\nin the scholarship program.\n\n2. If the Superintendent intends to deny, suspend, or revoke\n\nthe participation of a private school in the scholarship program,\n\nthe Department shall notify the private school of the proposed\n\naction in writing by certified mail and regular mail to the private\n\nschool's address of record with the Department. The Department\n\nshall also notify any parents or legal guardians of scholarship\n\nstudents attending the private school. The notification shall\n\ninclude the reasons for the proposed action and notice of the\n\ntimelines and procedures set forth in this subsection.\n\n3. The private school that is adversely affected by the\n\nproposed action shall have fifteen (15) days from receipt of the\n\nnotice of proposed action to file with the Department a request for\n\nan administrative hearing proceeding pursuant to the Administrative\n\nProcedures Act.\n\n4. Upon receipt of a request for a hearing, the State Board of\n\nEducation shall commence a hearing within sixty (60) days after the\n\nreceipt of the formal written request and enter an order within\n\nthirty (30) days after the hearing.\n\n5. The Board may immediately suspend payment of scholarship\n\nfunds if it is determined that there is probable cause to believe\n\nthat there is an imminent threat to the health, safety, or welfare\n\nof the students or fraudulent activity on the part of the private\n\nschool.\n\nL. No liability shall arise on the part of the state, the State\n\nBoard of Education, the State Department of Education, or a school\n\ndistrict based on the award or use of any scholarship provided\n\nthrough the Lindsey Nicole Henry Scholarships for Students with\n\nDisabilities Program.\n\nM. The inclusion of private schools within options available to\n\npublic school students in Oklahoma shall not expand the regulatory\n\nauthority of the state or any school district to impose any\n\nadditional regulation of private schools beyond those reasonably\n\nnecessary to enforce the requirements expressly set forth in this\n\nsection.\n\nN. If the State Department of Education determines that a\n\nschool district prior to August 26, 2011, has failed to comply with\n\nthe provisions of the Lindsey Nicole Henry Scholarships for Students\n\nwith Disabilities Program Act and has failed to make full or partial\n\nscholarship payments for eligible students, the Department shall\n\nhave authority to reduce the amount of State Aid allocated to the\n\nschool district or require the school district to make repayment to\n\nthe Department of State Aid allocations in an amount equal to the\n\namount of scholarship payments the school district failed to make.\n\nThe Department shall make payment to the parent or legal guardian in\n\nthe amount the school district failed to make in the manner as\n\nprovided for in subsection J of this section.\n\nO. The State Department of Education shall annually prepare and\n\npost on its website a report of Lindsey Nicole Henry Scholarships\n\nfor Students with Disabilities Program. The annual report shall\n\ninclude, but not be limited to, the following information:\n\n1. The total number and amount of scholarships awarded and\n\nreported for each participating private school;\n\n2. The total number of scholarships denied;\n\n3. The total number and amount of scholarship payments\n\nsuspended for each participating private school; and\n\n4. Data on participating students, disaggregated by years of\n\nparticipation in the program, grade level, economically\nwing information:\n\n1. The total number and amount of scholarships awarded and\n\nreported for each participating private school;\n\n2. The total number of scholarships denied;\n\n3. The total number and amount of scholarship payments\n\nsuspended for each participating private school; and\n\n4. Data on participating students, disaggregated by years of\n\nparticipation in the program, grade level, economically\n\ndisadvantaged status, racial and ethnic groups, and disability\n\ncategory.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"01af401c47d8ef241162f0a801e8672c906c2c15827ad347fe2ad7294a5e7cb9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-13-101.1","next":"us-ok/okla.-stat.-tit.-70-70-13-102"},"notice":"GroundRules: Original legal text. Not legal advice."}