Pruitt Successfully Defends Lindsey Nicole Henry Scholarship Case

OKLAHOMA CITY – The Oklahoma Supreme Court on Tuesday upheld the Lindsey Nicole Henry scholarship program, overturning a district court ruling that held that the program violated Oklahoma's Constitution.

The Lindsey Nicole Henry Act established a scholarship fund for parents of disabled children to receive scholarship money to send their children to a private K-12 school. The scholarships must be used at one of more than 50 participating schools, some of which, but not all, are religious. 

“I have always contended that the Lindsey Nicole Henry scholarship program is constitutional, and with the decision of the Oklahoma Supreme Court, parents of students with disabilities will once again be empowered to seek educational opportunities to help their students learn and succeed,” Attorney General Pruitt said. “The Court’s decision was appropriate to ensure that parents in Oklahoma are given the opportunity to choose a school for their children based on the educational needs of their child, a decision that I firmly believe should be made by parents, and not bureaucrats. I hope that today's ruling, the second time that the Oklahoma Supreme Court has rejected these attacks on the program, will finally put an end to these shameful attacks on a wonderful program.”

Click here for a copy of the Court's opinion. Click here for a copy of the concurring opinion.

Pruitt Comments on Federal Government's Denial of Oklahoma No Child Left Behind Waiver

OKLAHOMA CITY - Oklahoma Attorney General Scott Pruitt made the following statement Friday on the federal government's denial of Oklahoma's No Child Left Behind Waiver:

"I believe in academic standards. I believe that we ought to ensure our students graduate prepared for life and to attend college if they so choose.  High expectations matter to our future as a state and a country. But it is wholly inappropriate and unlawful for federal bureaucrats to dictate to the states what our standards should be. However, just yesterday, President Obama's Education Secretary did what so many other federal agencies are doing under the leadership of this President -- disregard the law and make it up as they go along. The law does not allow the secretary to condition Oklahoma's waiver from No Child Left Behind on yielding the state's right to define and establish standards. It would appear in this case the Obama administration has exceeded its authority under the law and my office will continue our examination of the best manner in which the state will respond." 

Nelson Reacts to New Lawsuit against Special Needs Scholarships Law

OKLAHOMA CITY – A new legal challenge to the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act filed yesterday represents “ideological hostility to the rights of parents to direct the education of their children,” according to the author of the bill that created the scholarships.

State Rep. Jason Nelson said the program helps children with special needs attend a private school of their choice by providing state-funded scholarships. It has been in place for three years. A lawsuit filed by two Tulsa-area school districts was tossed out by the Oklahoma Supreme Court in 2012 on the grounds that schools cannot sue on behalf of taxpayers. The new lawsuit targets the state superintendent, the state department of education and the state board of education. The Obama Administration filed a lawsuit against a similar law in Louisiana this year.

“I first heard about this latest lawsuit from a parent who is concerned about what will happen to her child now,” said Nelson, R-Oklahoma City. “This new lawsuit mirrors the previous one that was struck down just this past fall and many of the plaintiffs have ties to school districts but are suing as individuals this time.”

Nelson said there are two things about the lawsuit that stand out to him.

“First and most importantly, not one of the plaintiffs has a child with special needs in the public school system where the school is failing to meet the needs of their child,” Nelson said. “None of them are facing the very real circumstances faced by parents of more than 200 children who use the Henry scholarship program because the needs of their children were not being met.

“Second, none of the plaintiffs in this case have demonstrated any interest or willingness to address the legitimate concerns expressed about challenges in public schools faced by parents of the students who are currently using the Lindsey Henry Scholarship.

“There’s a fundamental disagreement here. Children do not exist to fund the institutions. The institutions exist to support and educate the children and when that doesn't happen, regardless of the reason, we have a moral obligation to do whatever is necessary to ensure those children get the education they need and that the taxpayers are paying for, regardless of where they receive that education.

“This law has benefitted the public school system by increasing per-pupil spending on students in the public school system every year it's been in existence. This is a fact that is easily demonstrated but universally ignored by opponents. One of the plaintiffs has a background in school finance. I’m amazed this fact has escaped him.”

Nelson noted that the lead plaintiff is employed by Oral Roberts University, which was allocated more than $380,000 in state-funded scholarships through the Oklahoma Tuition Equalization Grant program, or OTEG, for the current academic year.

“OTEG is virtually identical to the Henry Scholarship Program,” Nelson said. “If the lead plaintiff is so offended by the Lindsey Henry Scholarship Program why has he not challenged the OTEG law that he benefits from – I would be embarrassed. He must be familiar with Jesus’ teaching, ‘Why do you look at the speck of sawdust in your brother's eye and pay no attention to the plank in your own eye?’

“If you use their actions as a guide, the opposition here and in the Louisiana case is about an ideological hostility to the rights of parents to direct the education of their children – not about legitimate legal concerns. There are many state programs that do exactly what the plaintiffs here claim is unconstitutional. The plaintiffs simply can’t see that this is not about funding institutions but about ensuring children get the best education possible regardless of where they get that education.”

Nelson said he looks forward to working with state Superintendent Janet Barresi, Attorney General Scott Pruitt, the state Board of Education, parents and other supporters to vigorously defend the law. 

“The Lindsey Nicole Henry Scholarship Program is a constitutional, common sense law that benefits the students using the program, the public school system and the taxpayers,” Nelson said. “I’m confident the law will ultimately be upheld.”

Short documentary about the Lindsey Nicole Henry Scholarship Program

Pruitt Offers Back To School Internet Safety Tips

OKLAHOMA CITY – Attorney General Scott Pruitt issued a warning for kids and parents to be aware of Internet safety as students return to school.

“Many smartphone apps, social media sites and Internet scams can have consequential outcomes for children who do not practice Internet safety,” General Pruitt said. “As these outlets expand, it is essential that parents and caregivers review Internet safety with their children to help prevent them from falling victim to Internet and digital dangers.”

The Attorney General’s Office and the Federal Trade Commission recommend talking to kids of all ages about the importance of digital dangers, including popular apps such as Snapchat that younger adults wrongly assume erases their photos. Children should be aware of the consequences of their actions on the Internet and with their smartphones.

The Attorney General’s Public Protection Unit provides the following Internet safety tips:

DHS Director announces several organizational changes

OKLAHOMA CITY -- Effective August 1, 2013, several organizational changes will take place which reflect the leadership of Director Ed Lake and goals in a new agency strategic plan. 

Ronald Baze, assistant attorney general with the Office of Attorney General Scott Pruitt, has been selected as the new General Counsel. Baze will remain an employee of the OAG while serving under contract as the head of DHS Legal Services.   He will begin his duties as general counsel August 12. 

Ed Lake
Director, OKDHS

“We are breaking new ground in pioneering this relationship between DHS and the Office of Attorney General Scott Pruitt,” said Lake.  “I believe this new legal model will be mutually beneficial to our agency and the state of Oklahoma.  DHS will now have access to all of the resources the Attorney General’s office has to offer.  I was particularly impressed with Mr. Baze’s professional experiences which combined will enable him to make a great impact on our Legal Services.”

Lake has created a new position, the Director of Communications and Community Relations, and has appointed Sheree Powell, the current Coordinator of Communications, to this role.  Powell will oversee the Offices of Communications as well as Community and Faith Engagement, and Information and Referral. In addition, she will also manage Provider Relations.

“This is a move to enhance our engagement with community partners, volunteers and contract providers,” said Lake. “I heard over and over during my listening sessions and through subsequent encounters with our partners that we need to have better communication and more cooperative relationships with them.  This has emerged as a major objective in our agency’s new strategic plan and I have asked Sheree to work with all programs agency wide to improve upon and build those relationships.

“The combination of these particular offices is a natural fit since their responsibilities are so intertwined with one another. This was also a great fit for Sheree.  In addition to being an experienced communications director, she also has an extensive background managing provider relations and building community partnerships,” Lake said. 

The current functions of Finance and some Administrative Services will be moved under a new Director of Finance and Administration.  Lake has appointed David Ligon to this position.  Ligon is currently the Interim Director and former Chief of Staff with the Department of Rehabilitative Services.  Beginning with DHS August 19, Ligon will oversee all finance functions of the agency as well as Support Services and the Office of Business Quality. 

“I am excited about adding David to our DHS team,” said Lake.  “He has a 30-year history and impressive reputation for solid financial and administrative management in state government, including 18 years as a House fiscal analyst, ending as the Deputy Director.  David brings a wealth of valuable experiences that will benefit our agency.”

Director Lake has decided to move Child Care Services under the management of Jim Struby, Director of Adult and Family Services. 

“This move will benefit both Child Care Services and the work within Adult and Family Services since the two programs overlap in many areas,” said Lake.  “I believe Jim Struby and Lesli Blazer will work well together and both of their programs will benefit from this organizational relationship.” 

Adult Protective Services is being moved to Community Living and Support Services under the management of Mark Jones.  APS will be a free-standing program joining the ranks with Aging Services, Developmental Disabilities Services, and Child Support Services. 

“This move just made sense since APS serves both people who are aging and people with developmental disabilities.  Mark Jones will bring a valuable perspective to the work in APS from his previous work with the Office of Client Advocacy and his successful litigation experience with the Homeward Bound vs. the Hissom Memorial Center lawsuit,” Lake said.

Director Lake has created another new position, Chief of Staff, and is in the process of filling that position.  The Chief of Staff’s responsibilities will include management of Human Resources and the Offices of Intergovernmental Relations and Policy, and Planning, Research and Statistics.  

A new organizational chart is currently being developed to reflect these changes and will be posted to the website in the near future.

Legislation to Deter School Lawsuits Against Students, Parents Passed House

OKLAHOMA CITY –Legislation that would discourage “abusive and frivolous” lawsuits by schools districts passed out of the House of Representatives today and now heads to the Senate.

House Bill 2160, by State Rep. Jason Nelson, would require school districts to pay students’ and parents’ court costs and attorney fees when they initiate civil action or proceedings against students or parents.

“We saw a disgusting abuse of power when the leaders of Jenks and Union schools targeted the parents of special-needs children with a completely bogus lawsuit that could only be understood as an intimidation tactic,” said Nelson, R-Oklahoma City. “I’ve visited with numerous people who shudder at the idea of a school district suing parents. These two districts eventually lost the case upon appeal with the Oklahoma Supreme Court, but it still angers me that they put these families through such an ordeal. The only thing that the parents could have been guilty of was doing what they thought was best for their child with special needs.”

The Jenks and Union school boards voted to sue the state attorney general to challenge the successful Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. They never filed that lawsuit, but instead, without ever specifically voting to do so, sued parents who legally obtained scholarships through the new program.

“These two school boards had earlier voted to ignore the new State law and later voted to sue the attorney general to get their question in front of a judge,” Nelson said. “When that didn’t work they sued the parents without ever voting to do so specifically. They left that decision to the school superintendent and the school’s law firm. They didn’t even have the courage to vote in a board meeting to sue parents – it was shameful.”

Lindsey Nicole Henry Scholarships allow a student with a disability (such as Down syndrome or Autism) who has an individualized education program (IEP) to receive state-funded scholarships to attend a private school that parents believe can better serve their child. The scholarships come from the amount of money already designated for the education of those children.

Nelson said his legislation would deter schools from filing such lawsuits, which are inappropriate because schools serve the public and should not be persecuting students and parents.

“I never doubted that the lawsuit was inappropriate and the Oklahoma Supreme Court’s ruling confirmed that a school board should not be suing parents. My bill says that if a school district sues parents again, they will have to pay the court and attorney costs,” Nelson said.

HB 2160 passed out of the House by a vote of 55-37. The measure now heads to the Senate for consideration.

AG Statement on Lindsey Nicole Henry Scholarship Decision

Attorney General Scott Pruitt

Oklahoma City - Attorney General Scott Pruitt today issued the following statement regarding the Oklahoma Supreme Court decision on the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act:

"From the beginning, we believed it was improper for these school districts to sue the parents of special needs children simply for following the law. We are pleased Oklahoma’s Supreme Court agreed, and ruled that these school districts lacked standing to make their claims against the children’s families. The Lindsey Nicole Henry Scholarship Act is the law and districts must follow the law." 

State Supreme Court Orders 14th Multicounty Grand Jury to be Convened

OKLAHOMA CITY – Attorney General Scott Pruitt announced Wednesday that the Oklahoma Supreme Court has ordered a new multicounty grand jury be convened.

The multicounty grand jury has jurisdiction to investigate criminal matters in all 77 counties, assisting local law enforcement as well as handling matters of state interest. The grand jurors meet at the Oklahoma Attorney General’s Building to hear testimony for two to three days each month. Testimony before a grand jury is closed to the public. Session dates have yet to be determined.

The 14th Oklahoma Multicounty Grand Jury will again be under the supervision of the Honorable Barbara Swinton, District Judge, Oklahoma County, serving as Presiding Judge.

Leading the multicounty grand jury will once again be Assistant Attorney General Charles S. Rogers, chief of the AG’s Multicounty Grand Jury Unit.

The new multicounty grand jury was requested by Attorney General Scott Pruitt on Sept. 12.

The state’s 13th Oklahoma Multicounty Grand Jury concluded in August with 25 indictments, charging a total of 31 individuals and was assisted by 113 state and local law enforcement agencies.

AG’s Federalism Unit Files Amended Lawsuit against Affordable Care Act

New IRS rule to tax businesses conflicts with health care law

OKLAHOMA CITY – Attorney General Scott Pruitt filed an amended complaint Wednesday in Oklahoma federal court, challenging the implementation of certain provisions of the Affordable Care Act.

“Oklahoma is in a unique position with the only active lawsuit against the Affordable Care Act to hold the federal government accountable in how it implements the law,” Pruitt said. “Now that the Supreme Court has deemed the ACA a tax, and therefore constitutional, the federal government must follow the law and proper procedures, and that is not being done.”

The original lawsuit, filed in January 2011 in the U.S. District Court for the Eastern District of Oklahoma, challenged the health care act’s constitutionality under the Commerce Clause, specifically whether the federal government had the power to mandate individuals to buy health insurance as simply a condition of being a citizen. Oklahoma’s lawsuit was stayed by Judge Ronald White until the U.S. Supreme Court issued a ruling in the Florida case.

In June, the Supreme Court sided with the states, agreeing that the health care law had exceeded its power under the Commerce Clause, but the Court gave authority to implement the individual mandate as a tax under Congress’ Taxing Power.

Following the decision, General Pruitt filed a request with Judge White to lift the stay on the Oklahoma case, so new issues related to implementation of the act could be addressed. The judge granted the request last week, lifting the stay.

With Oklahoma’s lawsuit still at the district level, the state can amend the complaint, which would not be allowed with cases on appeal.

Among the issues raised in the complaint is a new IRS rule that violates the Administrative Procedures Act and conflicts with the ACA. Oklahoma also is asking the Court to recognize that because the Supreme Court deemed the health care act’s individual mandate a tax that it no longer conflicts with Oklahoma’s constitutional provision that no law or rule can “compel any person, employer or health care provider to participate in any health care system.”

For a copy of the original and amended complaints or the state’s motion to lift the stay, go online to www.oag.ok.gov.

Pruitt v. Sebelius-Motion to Lift Stay(Final).pdf

Original Complaint - Healthcare.pdf

Oklahoma Amended Complaint.pdf

Multicounty Grand Jury Indicts Former Broken Arrow Superintendent; Vendor

Indictments unsealed Thursday in Tulsa County

Attorney General Scott Pruitt

On Thursday, August 30, Attorney General Scott Pruitt posted the following statement and document links:

“Today’s indictments are the result of many months of investigation into practices by a former employee and a vendor of Broken Arrow Public Schools. I’m very grateful for the sacrifice made by multicounty grand jurors as well as the effort of state prosecutors and investigators in the Attorney General’s Office and the state Auditor’s Office in conducting a thorough investigation,” Attorney General Scott Pruitt said. “It is important that we remain vigilant in holding accountable those entrusted as public servants.” 

James D. Sisney_Indictment 2012.pdf

Windstream Corp Indictment_2012.pdf

Broken Arrow PS Audit FINAL.pdf

Pruitt Takes Action on Oklahoma Health Care Lawsuit

Oklahoma amendment still protects Oklahomans from being forced to buy health care; Supreme Court decision, other federal actions raise new questions about constitutionality 

OKLAHOMA CITY – Attorney General Scott Pruitt Friday asked a federal judge to lift a stay on Oklahoma’s health care lawsuit and allow the state time to address the U.S. Supreme Court’s ruling on the Affordable Care Act. 

The Oklahoma lawsuit was filed on Jan. 21, 2011, in the U.S. District Court for the Eastern District of Oklahoma. It is pending before Judge Ronald White, who stayed the case while the U.S. Supreme Court decided a lawsuit filed by Florida and 25 other states. The Supreme Court decision was issued in June. 

“The Supreme Court agreed with Oklahoma’s claims that the Commerce Clause does not give the federal government power to compel Americans to buy a product. But in the process, the Court found the individual mandate to be a new tax, which now raises significant questions about its validity as a revenue-raising measure,” Pruitt said. “This is a critical issue for Oklahoma residents and businesses, so we are asking the court to lift the stay and give us 30 days to determine the next step.” 

The Attorney General’s Office is reviewing several aspects of the health care law and tax, including a new rule by the Internal Revenue Service. The rule contradicts a provision in the health care law that keeps businesses from being taxed for lack of employee insurance coverage in states like Oklahoma, where a state-run health insurance exchange has not been created. 

Attorneys, led by the Solicitor General, also are assessing the effect of the Supreme Court’s ruling on Oklahoma’s constitutional amendment (Article II, Section 37) that prohibits any government from “mandating” Oklahomans to purchase health insurance. State Question 756 – The Oklahoma Health Care Freedom Amendment – was passed in November 2010 with more than 70 percent of the vote. 

“This lawsuit has never been about health care. It is about the limits of the federal government under the spirit and letter of the Constitution, and whether they have exceeded those limits through this act,” Pruitt said. “Our duty is to defend the states’ role and provide a check for this out-of-control administration that unashamedly seeks to exceed its authority.”

Pruitt v. Sebelius-Motion to Lift Stay(Final - Version 3).pdf

AG Announces Inmate Information, Tracking for Crime Survivors, Families and Public

OKLAHOMA CITY — The Oklahoma Attorney General’s Office is providing inmate tracking information for Oklahomans and victims of crime through the Victim Information and Notification Everyday (VINE) program administered by the AG’s Victim Services Unit.

Oklahoma’s VINE program is a free and anonymous service that allows Oklahomans to register and be notified about changes in the status of Oklahoma inmates.

“By providing information on inmate status, we are increasing victim safety,” said Lesley March, chief of the AG’s Victim Services Unit. “Victims are no longer dependent upon the courthouse being open for them to be notified of the release of a potentially dangerous individual. Knowledge many times translates into power, and with victims of violent crimes, it may mean the difference between life and death.”

The service notifies participants with inmates’ current status information such as general release date, escape, returns from escape, death, out to court and unsupervised custody. VINE offers multiple ways to receive notifications.

The service is available 24 hours a day year-round. Operators who answer the toll-free number are available in English and Spanish to assist victims, their families and the public in registering for VINE. 

The program is provided in county jails and the Oklahoma Department of Corrections. VINE transfers data every 15 minutes from county jails, and DOC and probation and parole data is processed each evening.

To sign up for the VINE program, Oklahomans can log onto www.vinelink.com or call (877) OK4-VINE. 

Pruitt Elected Midwest Chairman in National Association of Attorneys General

Pruitt joins NAAG Executive Committee

ANCHORAGE – Oklahoma Attorney General Scott Pruitt was elected chairman of the Midwestern Region of the National Association of Attorneys General (NAAG) by his colleagues during the association’s meeting this week in Anchorage, Alaska. He also will serve on the NAAG Executive Committee.

“I am honored to play a leading role among the nation’s attorneys general to target some of the critical issues we face,” Pruitt said. “As the new chairman, I very much look forward to working with my fellow attorneys general to tackle concerns important to Oklahomans and the nation.”

Pruitt will work with other AGs through bipartisan efforts to confront serious issues facing the nation as well as continue multiple initiatives for the Midwestern Region. The region consists of 11 states, including Oklahoma, Illinois, Indiana, Missouri, Kansas, Michigan and Nebraska. Among the initiatives is a plan to enhance an attorneys general law training program with Northwestern University Law School, which will serve as a model for training programs that eventually will link to Oklahoma law schools.

Attorneys general and key staff members met this week during NAAG’s summer meeting to discuss state legal issues. During the meeting, association members elected officers, who will serve as the association’s executive committee.

The executive committee is charged with the management of association operations and yearly approval of a program plan of goals, objectives and activities to guide its work. The executive committee comprises the four NAAG officers, four regional delegates and three presidential appointees and the chair of the NAAG Mission Foundation, which supports the work of the association. 

AG’s Victim Services Unit Certifies First Faith-Based Program for Adult Survivors of Trafficking

OKLAHOMA CITY – The Attorney General’s Victim Services Unit has certified Oklahoma’s first program to offer services to adult victims of human sex trafficking.

“One of our goals at the Attorney General’s Office is to help create a network of resources for victims of crime and their families,” Attorney General Scott Pruitt said. “Certification is an important step in ensuring that any victims’ program is operating at the highest standards.”

DaySpring Villa of Tulsa will provide the new service along with its women’s and children’s programs. DaySpring Villa is Oklahoma’s only faith-based, certified domestic violence shelter and sexual assault program.

Wilma Lively, DaySpring’s executive director said “We at DaySpring Villa consider it a privilege to be able to offer services to hurting women and their children.”

According to the FBI, human trafficking generates $9.5 billion in yearly revenues worldwide. Sex traffickers often operate sex businesses disguised as modeling studios, health spas, massage parlors or bikini bars.

Last year, the National Human Trafficking Resource Center Hotline – (888) 373-7888 – received 102 calls from Oklahoma.

Some warning signs that someone may be a trafficking victim include:

· Not free to leave, or come and go as they wish;
· Under 18;
· Is in the commercial sex industry and has a manager;
· Is unpaid, paid very little, or paid only in tips;
· Works excessively long or unusual hours;
· Is not allowed breaks or suffers unusual restrictions at work;
· The workplace has high security measures – opaque windows, boarded up windows, barbed wire, security cameras, etc.

For more information, go online to the Attorney General’s website at www.oag.ok.gov or contact DaySpring Villa at (918) 245-4075. 

Nelson: Court Ruling Just First Round of Fight for Students with Special-needs

OKLAHOMA CITY – State Rep. Jason Nelson said a Tulsa judge’s ruling against a law providing scholarships to special-needs students is just “one battle in the overall fight to help special-needs children” and vowed to continue advocating for families in need.

“I will keep fighting for the families and fighting to uphold this very necessary law,” said Nelson, R-Oklahoma City. “I support an appeal to the Supreme Court and a motion for a stay of the judge’s ruling pending an appeal. The strong reason we needed this law in the first place still stands – to help families of special-needs students who are not being served by public schools.”

Nelson noted the judge’s ruling could have far-reaching consequences for Oklahomans.

“The judge’s ruling is baffling and will likely impact many state programs affecting everything from preschool to Medicaid,” Nelson said. “The judge ruled on the merits without comment, perhaps because her decision is indefensible.”

The Lindsey Nicole Henry Scholarship Act allows students with a disability on an individualized education program (IEP) to receive state-funded scholarships to attend private school. The scholarships are funded with money already designated for the child’s education.

In response, the Jenks and Union school districts sued some of the parents of children with special needs who obtained the scholarships provided by the law.

Under the judge’s ruling, Nelson noted that it is now possible for Medicaid patients to be sued for being treated at a Catholic hospital.

“This is a horrible precedent,” Nelson said. “It’s like suing grandma for using Medicare. I will keep fighting to defend parents’ rights to do what is best for their children. This is the standard everywhere else in state government. This ruling now calls into question other critical programs in health care, foster care, prison ministries, preschool and higher education tuition grants.”

Nelson praised the parents of special-needs students for staying strong.

“These parents have displayed great courage while going through an unprecedented legal assault by two government school districts,” Nelson said. “They have not backed down, and neither will I.”

Nelson thanked the Becket Fund for coming to the aid of the parents of special-needs children, as well as Attorney General Scott Pruitt, who defended the law, and Bob Latham, local council for the School Choice Coalition. He also thanked state Sen. Patrick Anderson (R-Enid), who co-authored the law, and all legislative colleagues “who supported these parents.”

“Most of all, I want to thank former Governor Brad Henry and his family for supporting the program and allowing the law to be named for Lindsey,” Nelson said.

Media Advisory: Lawsuit Filed Against Parents of Special-Needs Students Reaches Court Today

WHO: State Rep. Jason Nelson (R-Oklahoma City)


WHAT: Court hearing of lawsuit filed against parents of special-needs students who applied for scholarships under the Lindsey Nicole Henry Scholarship Act.

WHERE: State Rep. Jason Nelson, author of the scholarship law, will be available for comment upon request throughout the day.

WHEN: Tuesday, March 27

THE STORY AT A GLANCE: Court proceedings begin Tuesday on school districts’ lawsuit targeting parents who received scholarships under the Lindsey Nicole Henry Scholarship Act. The law provides scholarships to special-needs students, such as those with Down syndrome or Autism.

State Rep. Jason Nelson, the law’s author, will be available for comment throughout the day and can be reached at (405) 557-7335 or at Jason.nelson@okhouse.gov.

The Lindsey Nicole Henry Scholarship Act allows students with a disability on an individualized education program (IEP) to receive state-funded scholarships to attend private school. The scholarships are funded with money already designated for the child’s education.

In response, the Jenks and Union school districts sued some of the parents of children with special needs who obtained the scholarships provided by the law.

“It is indefensible for school districts to sue parents for being too involved in the education of their own children,” Nelson said. “This law sets the standard for local control. Parents make the choices about their child's education. It doesn't get any more local control than that.”

Although both districts could have challenged the scholarship law in court before it went into effect more than a year ago, they didn’t.

The schools’ boards eventually voted to sue the state attorney general to challenge the law, but never did.
Instead, they sued parents.

“Rather than work to provide quality educational opportunities for each child, Jenks and Union are attempting to ‘make an example’ of families who already face significant challenges,” Nelson said. “This lawsuit is the worst kind of abuse of the judicial system.

“Oklahoma is such a populist state that it is inconceivable that our state Constitution would prefer that government schools make the ultimate decision as to what is best for Oklahoma’s children rather than their parents – yet that is what these school boards and their superintendents apparently believe. They have chosen to sue parents of students with special needs because those parents used the scholarship to provide a better future for their child.

“Every scholarship that has been issued represents a savings to that school district, a satisfied parent and a student who is now on a pathway to success,” Nelson continued. “Some parents have used the scholarship and later realized that the public school district provided the best education and environment for their child. But even more parents have taken the scholarship and witnessed what they call a ‘life-changing’ transformation in their child once he or she was able to enroll in a different school. That is why we passed this law.”

Pruitt Joins Nine Attorneys General in Letter Defending Religious Liberty

AGs oppose insurance mandate; prepare to challenge in court 

OKLAHOMA CITY – Attorney General Scott Pruitt joined attorneys general from Nebraska, Texas, Maine and six other states in a letter to U.S. Health and Human Services Secretary Kathleen Sebelius, expressing “strong opposition” to an upcoming health insurance mandate that requires religious employers to provide coverage for services such as sterilization that contradict their religious beliefs.   

The letter, sent to Secretary Sebelius, Labor Secretary Hilda Solis and Treasury Secretary Timothy Geithner, cites issues with the mandate’s policy implications, potential consequences for the religious employers and its constitutional conflict with freedoms of religion, speech and association as provided under the First Amendment. 

“Not only is the proposed contraceptive coverage mandate for religious employers bad policy, it is unconstitutional,” the AGs wrote. “We believe it represents an impermissible violation of the Constitution’s First Amendment virtually unparalleled in American history.” 

Attorney General Pruitt and the other AGs said they plan to “vigorously” challenge the unconstitutional mandate in court if not withdrawn by the federal government. 

“Any regulation that requires a religious group to violate their lawful beliefs and practices goes directly against the ideals that our Founding Fathers set in place to protect Americans from an overbearing and intrusive government,” Pruitt said. “It conflicts with the most basic elements of freedom provided to all Americans to practice their lawful religion wherever, whenever and however they choose. For that reason, we have asked Secretary Sebelius to not put this regulation into action.” 

For a copy of the attorneys general letter, go online to www.oag.ok.gov.

Oklahoma’s Multicounty Grand Jury to Meet Tuesday

OKLAHOMA CITY – The state’s multicounty grand jury will reconvene Tuesday in Oklahoma City. 

Scott Pruitt

The grand jury will meet Tuesday, Jan. 31, through Thursday, Feb. 2, at the Oklahoma Attorney General’s Office, 313 NE 21. The last session was held in November 2011. The grand jury did not meet in December.

The state’s 13th multicounty grand jury is led by Assistant Attorney General Charles Rogers, chief of the AG’s Multicounty Grand Jury Unit. Thus far, grand jurors have returned 13 indictments, involving 14 defendants, in cases filed in Cleveland, Harper, Pittsburg and Oklahoma counties.

The multicounty grand jury was requested by Attorney General Scott Pruitt and approved by the Oklahoma Supreme Court on Jan. 27, 2011.

The multicounty grand jury has jurisdiction to investigate criminal matters in all 77 counties, assisting local law enforcement as well as handling matters of state interest.

The state’s 12th multicounty grand jury concluded in September 2010 with 10 indictments and assisted 145 federal, state and local law enforcement agencies.

Grand jurors meet to hear testimony two to three days each month. All grand jury proceedings are closed to the public.

Final Settlement Approved by DHS Commission Tonight

Reform Efforts Given Deadlines in the Agreement

Oklahoma City—The Commission for Human Services met this evening and approved changes made by the Contingency Review Board (CRB) to a settlement agreement in the DG vs. Yarbrough case, a federal class action civil rights lawsuit involving Oklahoma’s child welfare system. The settlement agreement was originally approved on December 20 by the Commission and Children’s Rights, a child advocacy group representing children in the state’s foster care system in the lawsuit.

The CRB reviewed the settlement and approved it with changes on December 29 which caused both sides to revisit the agreement again. Children’s Rights also signed off on the CRB’s changes to the settlement which now heads to federal district judge Gregory Frizzell for approval.

House Speaker Kris Steele, R-Shawnee, who voted to approve the settlement during a Contingency Review Board meeting last week said the agreement is a golden opportunity to improve the agency under Oklahoma’s terms. 

“The last thing anyone wanted was to see Oklahoma public policy set in a federal courtroom,” Steele said. “I’m pleased we’re on track to avoid such a scenario. I’d like to thank Attorney General Pruitt and our DHS commissioners for their leadership in steering this process to a path that is truly in the best interest of Oklahoma, its taxpayers and its vulnerable citizens.”

Commission Chairman Brad Yarbrough said in a statement after the commission meeting that the Commission believes the approved settlement is in the best interests of the Department of Human Services and the children and families it serves.

Yarbrough and Plaintiff Attorney Fred Dorwart signing the
settlement agreement after the Commission meeting

“The agreement provides a realistic framework to make improvements in the delivery of child welfare services and, as a result, better protect vulnerable children,” Yarbrough said. 

Under the agreement, compliance will dissolve on December 15, 2016 provided the state complies in “good faith” with the proposed improvements for two consecutive years prior to that date. The proposed improvements must still be developed but involve targets for identified practice areas named in the agreement.

“All Oklahomans must unite their efforts to bolster the old-fashioned idea of kids growing up in good homes, Yarbrough said.  “But, when parents and caregivers put children at measurable risk of great harm, the DHS must respond in an excellent fashion.”

Howard Hendrick, Director of the Oklahoma Department of Human Services, said the agreement is unique for a lawsuit of this nature. 

“It is the first time a class action civil rights lawsuit involving a state child welfare system has been resolved without a consent decree,” Hendrick said. “Both sides were willing to entertain a new approach to resolving class action civil rights claims involving child welfare systems. The future improvements, the details of which must yet be developed, are outlined in a framework that both sides hope will satisfy our shared desire to meet the needs of vulnerable children and families.

“We have been extremely fortunate to have had choices that other states did not have,” continued Hendrick. “The strength of our defense and the national experts prepared to testify in our defense put us in a position to resolve the class action lawsuit without a consent decree.”

Attorney General Scott Pruitt visits with reporters after
the Commission meeting about the settlement

The settlement agreement identifies areas of practice improvements where OKDHS will focus attention. The details of these areas will be incorporated into a plan that will be developed by the agency over the next 55 days.

The Plan and the Panel

By March 30, 2012, OKDHS will present a plan to a newly created panel. The agreement provides for a panel of three national child welfare experts who will have total access to DHS and agency staff. 

Yarbrough said other national consultants will be called upon to help the agency create the plan and to meet the goals contained in the future plan.

Under the agreement, compliance with the agreement is based on the “good faith” standard, not the “substantial compliance” standard normally involved with consent decrees.

“The Commission recognizes the difficult tasks faced daily by our child welfare staff and their commitment to professionally serve children and families,” Yarbrough said. “ But, the Commission also understands that too many Oklahomans have been dissatisfied in their dealings with the DHS. We view this settlement as an opportunity to help our staff help create better outcomes than we have previously achieved.

“The Commission welcomes the opportunity to work with agency leadership, its staff, national experts, child welfare consultants, the Governor and the legislature (both Speaker Steele and the House task force headed by Rep. Jason Nelson and President Pro Tempe Bingman). This settlement gives a place for all of these parties to help craft a real improvement plan to help Oklahoma families.”

Steele commented that the real work can begin now that the agreement has been finalized.

“The Legislature must be involved in this planning process and I’m pleased it will be,” Steele said. “DHS belongs to the public and serves the public, so it is critical for the public’s representatives to have meaningful input. We’re fortunate to have had a special House DHS working group in the field these past few months scrutinizing every aspect of DHS and looking for improvements. It’s proven productive already, as they now have a head start on much of the work that must be done in the coming weeks. 

“There is a wealth of DHS knowledge and ideas among other legislators and elected officials, as well, so we’ll be counting on everyone’s participation. Together, we’re all prepared to develop the best possible plan to improve services for the children cared for by this agency.”

Hendrick mentioned several areas where improvements are needed. 

“We are all committed to continuous quality improvement. We will continue to make improvements even after compliance with the future plan has been completed,” said Hendrick. 

“[W]e need to recruit and expand the number of non-kinship homes for children coming into foster care. We need a broader array of therapeutic homes for children experiencing trauma and dealing with behavioral challenges. We also want to reimburse foster parents at better rates for their dedication to caring for Oklahoma’s abused and neglected children.

“As an agency, we need to support our talented child welfare staff. We know this work is intensive, stressful, and demands people with critical thinking skills. As a state, we should value this work with pay that reflects the level of responsibilities expected of these workers.

“Some of these improvements, particularly those involving recruitment and retention of child welfare workers and foster parents, will require additional state dollars. We will need the support of the Governor, the legislature, and the judicial system to commit the resources needed to ensure that Oklahoma’s child welfare system can meet these demands.” 

The state will be liable for the plaintiff’s attorney’s fees and expenses in an amount which will require court approval. Class members may not opt out of the settlement and the agreement settles any individual claims they may have.

Link to settlement agreement

Board of Equalization funds OHLAP, but designates use of agency reserve

By Patrick B. McGuigan at CapitolBeatOK.com (Published: 20-Dec-2011) 

The Oklahoma Board of Equalization (BOE), chaired by Governor Mary Falllin, met today (Tuesday, December 20) to fulfill statutory requirements to give preliminary certification to general revenues available for appropriation during the 2012 Legislature. The seven-member panel fulfilled its required function at its regularly-scheduled gathering, but also unexpectedly boosted anticipated funds available for general appropriation by $6 million. 

Mid-way through the meeting, during what was expected to be a routine discussion as prelude to BOE approval of $63 million for “Oklahoma’s Promise” scholarships administered by the Higher Regents, Treasurer Ken Miller asked staff about the program reserve fund. That’s when members of the Board were told the reserve was about $15 million.

(The Office of State Finance later confirmed the precise figure is $14,530,300.85, a sum that should increase when additional dollars are transferred shortly.) 

The information provoked discussion and introspection among members of the board. Legal counsel for the state government confirmed the BOE could approve less than the $63 million requested, but fully fund the program request by specifying that some of the reserve could be used for the difference. 

Miller and others on the board made it clear they supported “full funding.” At the same time, Miller articulated a view, apparently shared by every member, that “a more rational reserve balance” seemed in order. It was clarified in discussion with staff and counsel that the reserve may only be used for scholarship awards, and not for other purposes. 

In the end, state Auditor & Inspector Gary Jones moved, and Treasurer Miller seconded, a motion to fulfill the $63 million request for funding of the higher education scholarships, directing $57 million from general revenue and the remaining $6 million from the OHLAP reserve.