THE READER VERSION OF HB3393 (Updated Jan. 10, 2011; Original version posted June 7, 2010)
This act shall be known and may be cited as the "Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act".
The Lindsey Nicole Henry Scholarships for Students with Disabilities Program is established to provide a scholarship to a private school of choice for students with disabilities for whom an individualized education program (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA) has been developed. Scholarships shall be awarded beginning August 26, 2010, when the law becomes effective, for the 2010-2011 school year.
The parent or legal guardian of a public school student with a disability may exercise their parental option and request to have a Lindsey Nicole Henry Scholarship awarded for the child to enroll in and attend a private.
QUALIFICATIONS FOR PARENTS AND STUDENTS
The student must have spent the prior school year in attendance at a public school in this state. "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.
The parent or legal guardian has obtained acceptance for admission of the student to an eligible private school and has notified, in writing, the school district of the request for a scholarship at least sixty (60) days prior to the date of the first scholarship payment.
Only school districts within the state of Oklahoma can be accredited by the State Board of Education. No out of state schools are eligible to participate in the scholarship program. (Administrative Rule)
When a parent of an eligible student requests a scholarship, they must notify the district of residence. The district of residence is defined as the legal district of residence, unless the child is a child with an IEP who has been on a transfer of any kind for three consecutive years, in which case the district is then defined as the receiving district. (Administrative Rule)
The scholarship shall remain in force until the student returns to a public school or graduates from high school.
If the residence of the student changes, the district of residence shall assume responsibility for the scholarship.
At any time, the parent or legal guardian of the student may remove the student from the private school and place the student in another private school that is eligible for the program.
IF A STUDENT IS ON WAITING LIST AT A PRIVATE SCHOOL
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 school district sixty (60) days prior to the first scholarship payment and before entering the private school in order to be eligible for the scholarship when a space becomes available for the student in the private school.
RESPONSIBILITIES OF PARENTS AND STUDENTS
Lindsey Nicole Henry Scholarship Program participants shall comply with the following:
a. the parent or legal guardian shall select the private school from the approved private schools and apply for the admission of the child,
b. the parent or legal guardian shall request the scholarship at least sixty (60) days prior to the date of the first scholarship payment,
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 shall fully comply with the parental involvement requirements of the private school, unless excused by the school for illness or other good cause, and
e. payment shall be made by the school district with an individual warrant made payable to the parent or legal guardian of the student and mailed by the school district 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.
Payments will be made to the private school on a quarterly basis upon verification of continued enrollment and attendance at the private school. Payments will be made in arrears, following the completion of each quarter. (Administrative Rule)
A participant who fails to fulfill these responsibilities forfeits the scholarship.
TIMELINE FOR CALCULATING THE SCHOLARSHIP
Within ten business days of receipt by the public school district of the parental request the State Department of Education must receive from the public school a request form for a determination of the calculation of the maximum scholarship amount. (Administrative Rule)
The State Department of Education must provide the calculation of the maximum amount of the scholarship to the public school in writing within fifteen business days of the receipt of the request. (Administrative Rule)
The parent shall be notified of the maximum amount of the scholarship in writing in a timely manner, not to exceed thirty business days from the request. (Administrative Rule)
Scholarship amounts will be calculated at the time of the parental request, and annually thereafter, and will not change during the course of the school year. (Administrative Rule)
HOW THE SCHOLARSHIP IS CALCULATED
The maximum scholarship amount shall be calculated by the State Board of Education for each year the student is participating in the scholarship program.
The maximum scholarship granted for an eligible student with disabilities shall be a calculated amount equivalent to the local and county revenue for the school district which is chargeable in the State Aid formula, state-dedicated revenue, and state-appropriated funds per weighted average daily membership generated by that student for the applicable school year. The weighted average daily membership shall be determined using the grade and disability weights only.
The amount of the scholarship shall be the amount calculated by the State Department of Education or the amount of tuition and fees for the private school, whichever is less, minus up to five percent (5%) of the scholarship amount which may be retained by the school district as a fee for administrative services rendered.
