Speaker Adds Morrissette to DHS Budget Committee as Vice Chair

OKLAHOMA CITY – House Speaker Kris Steele on Wednesday named Rep. Richard Morrissette as vice-chairman of the House Appropriations Subcommittee on Human Services.

Rep. Richard Morrissette
D-Oklahoma City

Morrissette, D-Oklahoma City, will fill the Appropriations Subcommittee on Human Services vice-chairman position formerly held by Rep. Jason Nelson, R-Oklahoma City, who was asked to serve as chairman of the committee last week. The committee is responsible for budgeting for the Department of Human Services.

“Representatives Nelson and Morrissette may come from different political camps, but their shared desire to improve DHS transcends politics. They’ll be a dynamic team next session as they work to ensure that the dollars appropriated to DHS are used in the best possible ways,” Steele said. “I know Representative Morrissette won’t be shy about putting forth bold ideas. When it comes to DHS, that’s precisely what we need.”

Sen. Burrage chosen as next Democratic Floor Leader

Sen. Sean Burrage
D-Claremore

Claremore lawmaker Sean Burrage has been chosen to serve as the next Senate Democratic Floor Leader. Members of the caucus held a vote on Tuesday to decide who would follow Sen. Andrew Rice in the leadership post. Rice, D-Oklahoma City, recently announced he would resign from the Senate effective January 15.

Burrage said he was honored to lead the Senate Democrats in 2012.

“I believe we must always be focused on what’s good for our state—not what’s going to score the most political points. We want a stronger economy and top-paying jobs for our citizens. We want our children to have the best educational opportunities possible and we want to be safe when we are at school, work or at home. We want roads and bridges that are modern and safe as well. When we can agree on how to achieve those things, then those are programs we’ll support,” Burrage said. “But if proposed legislation comes at the expense of our most vulnerable citizens, then we’ll be fighting to give those individuals a voice in the Senate.”

Burrage, an attorney and father of two, was reelected without opposition to a second term in the Senate in 2010. He currently serves as Assistant Democratic Floor Leader in the Senate. His committee assignments include the Full Appropriations Committee, the Senate Standing Committees on Energy and Transportation, and he is the vice-chairman of the Committee on Health and Human Services.

Burrage also serves on the Senate Select Committee established to reform and strengthen Oklahoma’s pension systems, and served as vice-chairman of the 2011 Senate Redistricting Committee.

Senate Pro-Tem Brian Bingman congratulated Burrage on his new role in the Senate.

"I want to offer my heartfelt congratulations to my friend Senator Burrage on his election as the next Minority Leader,” Bingman said. “I have had the privilege of working with Sean for several years and have seen first hand his thoughtfulness and temperament. Though we may not agree on every issue, I believe Senator Burrage to be a man of integrity who will facilitate a healthy and honest public debate as the Senate works to move Oklahoma forward."

Governor Mary Fallin released a statement today on the selection of Burrage as the new Senate Minority Leader.

“My congratulations go out to Senator Burrage for his election to the post of Minority Leader,” Fallin said.  “I look forward to working with him to build bipartisan consensus on policies that will create jobs, make government more efficient and accountable, and continue to move Oklahoma forward.  Senator Burrage is a responsible, conscientious and effective lawmaker and I know he is more than up to the task.”

Burrage concluded by expressing gratitude to his fellow Democrats.

“We are committed to our constituents, and to creating public policy that will move our state forward,” Burrage said. “Again, I thank my fellow Democrats for the trust they’ve placed in me. I’m looking forward to working on behalf of all our citizens in the coming session.”

UPDATED ADVISORY: Speaker DHS announcement WEDNESDAY

WHO: House Speaker Kris Steele, R-Shawnee, House members who are reviewing the state Department of Human Services, DHS leaders, incoming DHS Commission Chairman Brad Yarbrough, and an Oklahoma Public Employees Association representative.

WHAT: Press conference to discuss strategies the House will use to improve DHS.

WHEN: 11 a.m. Wednesday, Oct. 19

WHERE: Governor's Blue Room, 2nd Floor Broadcast Press Room, Room 432-B, State Capitol

Speaker Steele and other House members will unveil the House’s strategy to produce better outcomes for those who come into contact with DHS, particularly children in state custody. The representatives will unveil an aggressive, four-pronged strategy to improve DHS through significant reforms to governance structure, agency structure, personnel policy and resource allocation. Steele will outline plans to work with DHS officials, commissioners and others in effort to improve the agency and increase accountability.


STATEMENT: Speaker comments on Ahonesty Hicks

According to a report by the Oklahoma Commission on Children and Youth, 17-month-old Ahonesty Hicks died May 3 from abuse. In the weeks preceding Ahonesty’s death, DHS officials decided against removing Ahonesty from her mother’s custody despite knowing her mother had recently tested positive for PCP and been involved in a domestic dispute with her boyfriend. Ahonesty’s mother’s boyfriend has been charged with Ahonesty’s murder.

“Ahonesty’s tragic and untimely death is another indication of the need to reform the policy, infrastructure and delivery of services at DHS. These outcomes must end. The House has been and will remain fully engaged in working with DHS officials at every level of the agency to identify better methods to protect our children and all our vulnerable citizens.” – House Speaker Kris Steele, R-Shawnee

64 Legislators Sign Letter in Support of U.S. Balanced Budget Amendment

Majority of State Representatives Pledge to Push for Ratification

OKLAHOMA CITY (July 29, 2011) – A majority of the members of the Oklahoma House of Representatives have declared their intent to make Oklahoma one of the first states to ratify a federal Balanced Budget Amendment.

Last week, 42 Oklahoma legislators signed a letter in support of a proposed federal Balanced Budget Amendment. The letter expresses the legislators’ support of the amendment and declares the legislators’ intent to work for ratification of the proposal in Oklahoma.

This week, an additional 22 legislators signed the letter, bringing the total number of signers to 64. On Thursday, the letter containing additional signatures was sent to Oklahoma’s congressional delegation and the congressional sponsors of the amendment.

“If the Balanced Budget Amendment is approved by Congress, we are committed to supporting and working for ratification in Oklahoma,” the letter states. “We are confident that if given the opportunity, Oklahoma will be one of the first states to ratify the Balanced Budget Amendment.”

Signers of the letter include much of House leadership, including House Speaker Kris Steele, Speaker Pro Tem Jeff Hickman, Majority Floor Leader Dan Sullivan, Appropriations and Budget Chairman Earl Sears and Majority Caucus Chairman Weldon Watson. House Rules Committee Chairman Gary Banz also signed the letter. Banz’s committee would likely oversee the development and advancement of the ratification resolution.

Other signers include state Reps. Don Armes, John Bennett, Gus Blackwell, David Brumbaugh, Dennis Casey, Josh Cockroft, Ann Coody, Marian Cooksey, David Dank, Lee Denney, David Derby, George Faught, Elise Hall, Tommy Hardin, Corey Holland, Randy Grau, Dennis Johnson, Charlie Joyner, Dan Kirby, Sally Kern, Charles Key, Guy Liebmann, James Lockhart, Scott Martin, Steve Martin, Mark McCullough, Randy McDaniel, Lewis Moore, Glen Mulready, Jason Murphey, Jason Nelson, Tom Newell, Jadine Nollan, Leslie Osborn, Pat Ownbey, Ron Peters, Pam Peterson, Phil Richardson, R.C. Pruett, Sean Roberts, Mike Sanders, Colby Schwartz, Seneca Scott, T.W. Shannon, Randy Terrill, Todd Thomsen, Steve Vaughn, Paul Wesselhoft and Harold Wright.

The letter was also signed by state Sens. Mark Allen, Josh Brecheen, Bill Brown, Greg Treat, Jim Halligan, David Holt, Clark Jolley, Steve Russell and Gary Stanislawski.

Legislative Leaders Announce Committee To Develop Long-range Water Policy

House Speaker Kris Steele and Senate President Pro Tem Brian Bingman have ordered the formation of a joint legislative committee to review the Oklahoma Comprehensive Water Plan and develop a long-range state water policy.

The committee will begin working over the legislative interim and continue to work during next year’s legislative session. While the committee’s immediate goal is to review the water plan, its ultimate purpose is to facilitate the development of long-range water policy for Oklahoma.

“Responsible allocation of water – our most precious natural resource – is among the greatest responsibilities we have today to the citizens of tomorrow,” said Steele, R-Shawnee. “The state’s last 50-year water plan is about to expire. We need a new one, and we need it now. With the updated comprehensive water plan nearly complete, we must no longer defer action on this vital issue.”

The committee’s co-chairmen will be Rep. Phil Richardson, R-Minco, and Sen. Brian Crain, R-Tulsa. Its membership will be bipartisan and geographically diverse. Committee members and additional details will be announced later this month.

“To develop a plan that works for all of Oklahoma, we must include all of Oklahoma,” said Bingman, R-Sapulpa. “The committee will take all interests into account, whether they are rural, urban, tribal, or anywhere in between.”

Drafts of the Oklahoma Comprehensive Water Plan have been publicly available since April. The Oklahoma Water Resources Board will approve a final version of the plan in October.

“The water board has labored for years to put together a fair, unbiased, evidence-based report on water in Oklahoma. We must allow them to continue their work without the appearance of any premature political influence, so the committee will not be taking any official actions until after the water plan has been finalized,” Steele said. “In the meantime, it is prudent for the Legislature to begin at least reviewing the parts of the plan that are publicly available. The plan is lengthy and complex, so we need to make sure we’re doing our due diligence in preparing ourselves to act upon it next year.”

Steele and Bingman said water policy will be a top priority in the Legislature next year and urged legislators to approach the issue with open minds.

“We simply cannot afford to waste time or play political games with our water policy. It is too important to the future of our state,” Steele said.

“Water policy is a complex and sometimes emotional issue, but I am confident that the leadership and will power exists within this Legislature to meet this challenge,” Bingman said.

Governor Signs Special Needs Scholarship Modifications

Changes Will End Continued Defiance by Rogue Districts

Gov. Mary Fallin has signed legislation modifying the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to ensure children with special needs receive scholarships in a prompt manner.

House Bill 1744 by State Rep. Jason Nelson (R-Oklahoma City) and State Sen. Patrick Anderson (R-Enid) changes the law so school districts will no longer administer the program. Instead, the Department of Education will administer it.

“Last year, several school districts failed to provide scholarships to eligible special needs students, flagrantly violating the law,” said Nelson. “Thanks to the modifications in this bill, the State Department of Education will administer the program rather than local school districts. This will provide consistency and certainty for students and parents who choose to participate in the program.”

Last year, lawmakers voted allow a student with a disability (such as those with Down syndrome or Autism) who has an individualized education program (IEP) to receive state-funded scholarships to attend a private school. The scholarships come from the amount of money already designated for the education of those children.

After the program went into effect last August, several Tulsa-area schools voted to break the law, leading lawmakers to adjust the program this year.

The Department of Education will have the authority to reduce state aid to school districts that have failed to comply with provisions of the program since it went into effect nine months ago this week. This will allow the Department of Education to pay scholarships for the current school year if it is determined that a local district has failed to follow the law.

“I’ve been stunned by the contempt some school districts have shown toward the law and these children,” Nelson said. “I’m told by parents that some local districts, in addition to ignoring the new law, are attempting to ignore existing transfer laws in order to deny scholarships to eligible students and have resorted to telling parents that the scholarships are taxable, hoping that will keep them from participating in the program. House Bill 1744 will ensure rogue officials don’t continue to cause problems for these students and their parents.”

Earlier this year State Superintendent Janet Barresi was forced to send a letter to the superintendent of Union Public Schools informing her that a new transfer policy passed by the school board was in conflict with existing student transfer laws.

There is a pending request for an opinion from Attorney General Scott Pruitt to determine if scholarships are taxable as income. However, opinions from other attorneys state that the scholarships are not taxable including one from an attorney with a law firm that represents several school districts.

House Bill 1744 clarifies that parents can use the scholarships to pay private schools for assessment fees, services and therapies to address the needs of the student. Upon acceptance of the scholarship, parents assume full financial responsibility for the education of the student and transportation to and from the private school.

The measure instructs the Department of Education to establish a toll-free number and website where parents can get information and assistance.

According to the State Department of Education 52 students from 18 school districts are currently using the scholarship to attend a private school of their choice.

The legislation also creates a Special Education Statewide Cooperative Task Force to study ways to improve special education and related services.

House Bill 1744 easily passed both chambers of the Legislature, receiving bipartisan support. The bill passed the Oklahoma House of Representatives 64-25 and passed the State Senate 36-9.

Link to interview

Bipartisan hopes: Hamilton, Denney make the case for opportunity scholarships

by Patrick B. McGuigan, CapitolBeatOK.com

Senate Bill 969, creating an opportunity scholarship program funded by tax credits, passed the Oklahoma House of Representatives last week. State Rep. Rebecca Hamilton of south Oklahoma City, a Democrat, was one of the half dozen legislators who rose to speak in favor of the legislation. 

Republican Lee Denny of Cushing, House author of the measure, closed debate in favor of the measure.

While passage of the bill represents a significant development in the history of education policy in Oklahoma, Rep. Hamilton addressed the issue in terms of the practical effect it will, she believes, have on her constituents. While many of them impoverished, they hope for better education and prospects for their children, she said. 

Rep. Rebecca Hamilton
D-Oklahoma City

In Wednesday’s debate, Hamilton told colleagues, “I am speaking today for the children of House District 89. If I went against this bill, I really feel that I would be a complete ingrate, and I would not be doing what’s right for the people who put me up here and who trusted me with their lives when they did it.

“I represent children (and I mean all of the children that I represent) who go to schools that are essentially factories. Those schools not only do not provide them with the kind of education that they need to have a future, but they destroy their souls while they’re at it. The schools are dangerous. The schools are dehumanizing. You don’t do this to human beings, and yet we do this to human beings. If this bill will help any of those children at all, then I have to vote for it, and I have to speak for it.

“I wish there was a way that we could help them all, and I know that this won’t help them all. But I cannot turn my back on the ones that it will help.

“I have to tell you that since 1980, when I was first elected …, I have introduced many bills to try to do something about the inner city schools, and they were killed every single time. The arguments that were used to kill them were essentially the same arguments that are being used against this bill today.

“I wish that we had a public education system that provided the kind of educational experience for every child in Oklahoma where they had a hope and a future. But it does not, and we do not.

“The number one thing lacking in my district among my children is hope. You take hope away from people, and you destroy them. You take hope away from people, and these are not chimps, these are people, with all the drive and intelligence that is inherent in every human being, and you get something that is dangerous, and destructive, and that ends up costing you a lot more money, if money is what this is all about. Hopeless people are dangerous people. That’s what these schools give these children right now: no hope. That’s what this bill does give them: hope.

“If this bill goes into law, one of the first things I’m going to do is use my letters that we get to send out up here to the kids in my district and say ‘this program is available. I want you to apply for it. If you have problems…’ -- and they will with the paperwork –‘I want you to call my office, and I will help you.’

I am going to contact all of my parents, because my parents are scared, they’re scared of any kind of authority, and I’m going to walk them through it, and convince them that they can do this without fear, because I’ll protect them. I have to tell my constituents that a lot, ‘I will protect you. You can call the police because I will protect you. I will call the police for you’ because they’re scared to do it. ‘You can walk through this, because I will help you.’

“I know that is a very alien thing for some of you with districts where you have constituents who don’t even really need representatives because they can fight for themselves. But that’s what I deal with everyday.

“I’m going to vote for this bill. I co-authored this bill, because I owe that to the people who have trusted me in election after election after election for all these years to come out here and take care of their interest in government. I urge all of you to do the same.”

Rep. Lee Denney
R-Cushing

Rep. Denny closed debate on the issue. She thanked colleagues who had supported the bill, then refuted contentions made by House Minority Leader Scott Inman of Del City, assertions that foreshadowed a press release listing opposition arguments that was circulated in the hours after debate concluded. 

Denny said, “I wanted to start out by refuting what the Representative from Del City said. I don’t know where he read in the bill about cherry picking, or that we’re trying to help private schools. This bill is about helping kids. It was designed to help kids, not schools. We do a lot out here to help schools; this is designed to help kids. It’s designed to help parents of those kids that know that their kids are in a failing situation that’s not working for them, and they want a better opportunity. I don’t know a single parent that doesn’t want what’s best for their kids. Up and down, it has no economic boundaries, it has no socioeconomic, no class boundaries. Parents want what’s best for their kids. 

“This bill opens the door of opportunity for kids [who] are in failing schools, kids that have no hope, kids that are trapped in these poor schools, an opportunity to do better. I don’t know one parent that wouldn’t want to take advantage of this. 

Treasurer Miller Appoints Investment Advisory Committee

Treasurer Ken Miller

State Treasurer Ken Miller has announced the appointment of a committee to advise him on investment of the state’s $5 billion investment portfolio. Miller said the goal of the five-member committee is to examine the state’s portfolio structure and provide recommendations to maximize investment returns given changing market conditions.

“With our macro environment transitioning from a recessionary to a recovering economy, the committee will complete a thorough review of the state’s current investment allocations and make suggestions on how best to restructure our portfolio to maximize the return on the taxpayer’s dollar,” Miller said.

Former State Treasurer Scott Meacham will chair the committee. Other members of the committee include: Bob Neville, Executive Vice President of Investments for BancFirst; Gordon Sellon, PhD, former Federal Reserve economist and professor of economics at Oklahoma City University; Robert Thomas, Chief Investment Officer for George Kaiser Family Foundation and James Wilbanks, PhD, Executive Director of the Oklahoma Teachers Retirement System.

In the current fiscal year, the office is projected to earn $92 million on its investments. Earnings for next fiscal year are estimated to be $96 million.

Miller said the committee held an organizational meeting recently in the treasurer’s office. Plans are for the panel to meet monthly for the next year.

“In this challenging investment climate where market returns are expected to be low and potentially volatile, I am confident this committee’s vast investment and economic experience will add significant value. I appreciate their service and look forward to working with them in the coming year,” Miller said.

UPDATED: Reader version of HB3393 for parents

This post contains a more readable version (ok, only slightly more readable) of the parts of the bill that are relevant to parents.

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.

Garrett says schools boards impeding Lindsey’s Law are 'in violation of their oaths'

by Patrick B. McGuigan, CapitolBeatOK.com

Oklahoma state Superintendent of Public Instruction Sandy Garrett believes members of four public school boards are “in violation of their oaths of office” since moving to oppose implementation of the new Henry Scholarships designed to benefit special-needs students.

Boards of education in Bixby, Broken Arrow, Jenks and (Tulsa) Union school districts have voted in recent weeks not to comply with House Bill 3393, which Gov. Brad Henry signed into law this year.

Passed in the 2010 legislative session, House Bill 3393, by state Rep. Jason Nelson, created the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. The law was named to honor the memory of the Gov. and Mrs. Kim Henry’s infant daughter, who died of a rare neuromuscular disease as an infant. It is also known as “Lindsey’s Law.”

In an interview today (Friday, October 15) with CapitolBeatOK, Schools Superintendent Garrett said:

“When I took office as Superintendent of Public Instruction, I swore an oath to obey federal and state laws. I have sought every day to uphold that promise. Whether or not I like a particular law is not material. It is my job to obey the law and to implement it.

“The way I look at it, the local officials on these boards of education who have acted not to comply, or to prevent implementation of this program in their districts, are not fulfilling their duties.

“I believe they are in violation of their oaths of office. This law was passed, and implemented in a timely manner by the state.

“To be clear, in my work every day there are laws I don’t necessarily agree with but which I am required to carry out.”

Garrett concluded, “I think these school board members have been ill-advised.”

Garrett’s comments echo recent reflections from a bipartisan group of legislators, including incoming House Speaker Kris Steele, a Shawnee Republican, state Rep. Jabar Shumate, a Tulsa Democrat, and Rep. Nelson.

Link to House Bill 3393, The Lindsey Nicole Henry Scholarships Program

Reps. Nelson and Shumate Respond

State Reps. Jason Nelson (R-Oklahoma City) and Jabar Shumate (D-Tulsa) discuss the Jenks and Broken Arrow school districts decision to violate state law providing scholarships to special-needs students.

Tulsa-Area Schools Deny Opportunity to Special-Needs Students

OKLAHOMA CITY (October 5, 2010) – The architect of a major special education reform law says two of the states’ highest-paid public-school superintendents and their boards are willfully ignoring the new law due to questionable legal advice, raising serious concerns about the treatment of special-needs students in those districts.

“It is a serious matter anytime a government entity thumbs their nose at the law. I think those with authority over any such agency must understand the gravity of this offense and the potential consequences, and any responsible legal counsel should encourage their client to strive to comply with the law,” said state Rep. Jason Nelson, R-Oklahoma City.

The Tulsa World reported that Jenks and Broken Arrow Public Schools, two of the states’ largest school districts, are refusing to implement a new scholarship law designed to benefit students with disabilities.

The Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act was created by House Bill 3393 during the 2010 legislative session. Under the new law, children with disabilities who have an individualized education program (IEP) qualify for a scholarship to attend any private school that meets the accreditation requirements of the State Board of Education. The law went into effect August 27.

Nelson has been contacted by several parents of special-needs students in the Tulsa area, and said the schools’ actions are reason for “serious concern” about the treatment of special-needs students in those districts.

“The fact that these schools will openly ignore state law justifies parents’ fears and concerns about poor treatment of children with disabilities in these districts,” Nelson said. “If these districts are willing to brazenly flaunt the law in this case, I can only imagine how bad it must be for the parents who are trying to get the district to follow federal law and case law during IEP meetings.”

Although Jenks and Broken Arrow officials claimed the handful of scholarships would somehow create a financial hardship, the actual scholarship amounts will always be less than what the district originally received from the state.

The schools violating state law are also represented by the Rosenstein Fist Ringold law firm, which has been involved in similar failed legal strategies. The firm represented schools unsuccessfully suing the state over a charter school law.

“Every attorney I have visited with about the legal tactics of these districts and their lawyers are surprised they have not requested an attorney general’s opinion or sought declaratory judgment by a court rather than stoop to irresponsible and destructive childishness,” Nelson said. “They evidently want to settle a political score by punishing these children and their parents.

“Sincere people can have disagreements over this new program. But it’s not up to individual school districts to pick and choose which laws they will follow. In the end, we need to worry about doing what’s right for special-needs children, and not about the whims of quarter-million-dollar superintendents or their overpaid, underperforming attorneys.”

State Department of Education: Lindsey Nicole Henry Scholarships Page

The Oklahoma State Department of Education has created a new page on its website that provides important information about House Bill 3393, the Lindsey Nicole Henry Scholarships for Students with Disabilities Program passed during the 2010 legislative session.

The new page includes a letter to superintendents as well as a list of participating private schools. Superintendent Sandy Garrett and her staff have worked hard and done a great job in implementing this new program.

Parents Encouraged to Apply for Special Needs Scholarships

OKLAHOMA CITY (August 27, 2010) – The parents of special-needs students in Oklahoma can now apply for scholarships that allow their children to attend private schools, state Rep. Jason Nelson said today.

“The Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act became law today, and it’s very important that the families of special needs children are aware of this opportunity and take advantage of it,” said Nelson, R-Oklahoma City. “This program creates new opportunities for many children who would otherwise be unable to obtain educational services truly tailored to their unique needs.”

Under House Bill 3393, children with disabilities who have an individualized education program (IEP) qualify for a scholarship to attend any private school that meets the accreditation requirements of the State Board of Education.

The legislation, authored by Nelson and by state Sen. Patrick Anderson, had strong support from many families of children with autism.

The state Board of Education finalized the rules allowing implementation of the scholarship program on August 26, and parents can now contact their resident school district to apply for the program, Nelson said.

“Having visited with many parents of special-needs students, I know how important this scholarship program is to those families,” Nelson said. “It will allow those parents to provide the best education and best future possible for their children beginning this school year. Every parent interested in this program should take advantage of it.”

The scholarship program created through House Bill 3393 does not require new spending, but merely redirects existing state funds that are currently spent on the student.

Other states with similar laws include Florida, Georgia, Utah, Ohio and Arizona. The Florida program has been in place since 1999 and now serves approximately 20,000 students with special needs. House Bill 3393 closely mirrors the Florida and Georgia laws.

The legislation has been named the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to honor the memory of one of the Gov. Brad Henry’s daughters, who died of a rare neuromuscular disease as an infant.

Lawmakers will soon conduct a legislative study on the new law to seek ways to increase its benefit for Oklahoma families. The first meeting will be held Aug. 31 with a second study date to be scheduled later.

State Board of Ed Passes Rules to Implement HB 3393, The Lindsey Nicole Henry Scholarships

At the monthly Oklahoma State Board of Education meeting yesterday the Board voted to approve Emergency Administrative Rules consistent with House Bill 3393 passed during the 2010 legislative session. The rules are disigned to answer questions and provide guidance to public and private schools as well as parents as the Lindsey Nicole Henry Scholarships Program is implemented. This new law becomes effective today.

"I've worked closely with the State Department of Education and State Superintendent Sandy Garrett during the drafting of the rules by the agency," said Rep. Jason Nelson, author of HB 3393. "They have done a great job fielding questions about the program and addressing those question in the new rules."

Here are the new emergency rules which still must be approved by Governor Brad Henry. It is anticipated that he will approve the rules.

SUBCHAPTER 13. SPECIAL EDUCATION


210:15-13-7. Lindsey Nicole Henry Scholarship for Students with Disabilities Program
 (a) Scholarship Requests. 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, as required by 70 O.S. 13-103(d). If a child is on a transfer of any kind, that does not meet the three-year rule, and accepts the scholarship, the transfer is effectively terminated.
 (b) Payments. 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. The payments will be made after the private school provides the public school with a quarterly attendance record for each child receiving the scholarship.
 (c) Private School Eligibility. In order to be eligible to accept students on the scholarship, private schools must be accredited by the State Board of Education or another accrediting association approved by the State Board of Education. 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.
 (d) Amount of 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. 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. 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. Scholarship amounts will be calculated at the time of the parental request and will not change during the course of the school year regardless of a school district’s mid-year adjustments. The amount of the scholarship will be calculated annually as required by 70 O.S. 13-101.1, Section 2(F)(1).
 (e) Tracking. School districts providing scholarships shall annually report for child-count and funding purposes, all students who are attending a private school under the scholarship program to the State Department of Education. Students must be reported as Lindsey Nicole Henry Scholarship Students on both the Special Education Child Count and the First Quarter Statistical Report (FQSR) and the Annual Statistical Report (ASR). These scholarship students will also be tracked through the WAVE.

Supporters praised Gov. Brad Henry today for signing HB 3393 providing special-needs scholarships

Supporters praised Gov. Brad Henry today for signing a bill providing scholarships to special needs students.

“This is a great day for Oklahoma families with special needs children,” said state Rep. Jason Nelson, R-Oklahoma City. “For those families, this bill is a chance at a better education and a better life.”

House Bill 3393, by Nelson and state Sen. Patrick Anderson, would allow students with disabilities who have an individualized education program (IEP) to qualify for a scholarship to attend any public or private school that meets the accreditation requirements of the State Board of Education.

The legislation had strong support from many families of children with autism.

The legislation has been named the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to honor the memory of the governor’s daughter, who died of a rare neuromuscular disease as an infant.

“We are very honored that Governor and Mrs. Henry have allowed us to name this important piece of legislation after their daughter who passed away at seven months of age,” said Wanda Felty, parent of a child with multiple disabilities. “The simple fact is there is often an unspoken bond among parents of special needs children, and although Lindsey Nicole’s life was short, she helped shape the type of people the Henrys are. We appreciate their compassion and understanding of our plight, and we certainly appreciate the Governor’s support of this bill.”

“We want to make it clear, neither the Governor, nor his wife, nor his staff nor anyone connected to him asked for this change. Instead it was suggested to him as a way to honor the memory of his daughter and let it be known for generations to come that she, and her parents, are helping to improve the lives of special needs children across the state,” said state House Speaker Pro Tempore Kris Steele, R-Shawnee. “Especially given that this program was passed in the waning days of the last legislative session of Governor Henry’s tenure, we think this action is both appropriate and warranted. We are pleased that Representative Nelson agreed to amend his Conference Committee Report to include this change.”

Lindsey Nicole was the twin of the Henrys’ oldest daughter, Leah. Lindsey died at seven months of age due to complications from a rare genetic disorder.

The scholarship program created through House Bill 3393 would not require new spending, but would merely redirect existing state funds that are currently spent on the student.

Other states with similar laws include Florida, Georgia, Utah, Ohio and Arizona. The Florida program has been in place since 1999 and now serves approximately 20,000 students with special needs. House Bill 3393 closely mirrors the Florida and Georgia laws.

“Having visited with many families of special-needs students, I know how important this legislation is to ensuring they are able to provide the best future possible for their children,” said Nelson, R-Oklahoma City. “It is only fitting that we honor the Henrys and Lindsey Nicole as part of this process to show that even the worst moments of our lives can have positive repercussions. I appreciate the governor’s support and this opportunity to honor his daughter.”

Oklahoma Could Become National Leader in Special Needs Education

OKLAHOMA CITY (May 5, 2010) – A proposed scholarship program for special needs students would easily withstand a federal constitutional challenge and could make Oklahoma a national leader, according to a respected legal expert and a former school superintendent whose child has multiple disabilities.

"Oklahoma would not be breaking new ground with this law but would still be one of the more advanced states when it comes to serving children with special needs," said Richard "Dick" Komer, senior attorney at the Virginia-based Institute for Justice. "There are already five other states with similar scholarship programs that so clearly constitutional that no one has even tried to challenge them under the federal constitution."

House Bill 3393, by state Rep. Jason Nelson, creates the Scholarships for Students with Disabilities Program. Under the bill, students with disabilities (such as those with Down's syndrome or autism) who have an individualized education program (IEP) would qualify for a scholarship to attend any public or private school that meets the accreditation requirements of the State Board of Education.

The scholarship program would not require new spending during the downturn, but would merely redirect existing funds that are currently spent on the student.

National Expert, School Official to Discuss Proposed Scholarship Program for Special Needs Children

WHO: Richard “Dick” Komer, senior attorney at the Institute for Justice (based in Virginia), Ron Brown (former superintendent and parent of a child with disabilities) and state Rep. Jason Nelson (R-Oklahoma City)

WHAT: Press conference to discuss how Oklahoma could become a national leader in providing greater educational opportunities to special-needs children.

WHERE: Room 432 B (press room), Oklahoma Capitol, 2300 North Lincoln Blvd., Oklahoma City

WHEN: 1 p.m. on Wednesday, May 5.

THE STORY AT A GLANCE: Richard “Dick” Komer, senior attorney at the Virginia-based Institute for Justice, will discuss how passage of House Bill 3393 could make Oklahoma a national leader in providing a quality education to special-needs students.
Ron Brown, a former Oklahoma school superintendent and parent of a child with disabilities (including autism) will discuss how the legislation could dramatically aid families of special-needs children.

Komer has litigated school choice cases in both federal and state courts. Prior to his work at the Institute, Komer worked as a career civil rights lawyer for the federal government, working at the Departments of Education and Justice, as well as at the Equal Employment Opportunity Commission. He ended his government employment as Deputy Assistant Secretary for Civil Rights at the Department of Education.

House Bill 3393, by state Rep. Jason Nelson (R-Oklahoma City), creates the Scholarships for Students with Disabilities Program. Under the bill, students with disabilities (such as those with Down's syndrome or autism) who have an individualized education program (IEP) would qualify for a scholarship to attend any school that meets the accreditation requirements of the State Board of Education.

The scholarship program would not require new spending during the downturn, but would merely redirect existing funds that are currently being spent on the student.

House Bill 3393 is currently in conference committee, but is expected to advance for final votes in the state House and Senate later this week.

Special needs scholarship bill passes Oklahoma state Senate

By Patrick B. McGuigan

Legislation designed to support special needs children with scholarships and to empower families to direct the care of such children passed the Oklahoma state Senate on Tuesday (April 13). Senator Patrick Anderson, an Enid Republican, shepherded the bill to passage in the upper chamber. State Rep. Jason Nelson of Oklahoma City, also a Republican, is author of the legislation.

Read full story at CapitolBeatOK: http://www.capitolbeatok.com/_webapp_3006181/Special_needs_scholarship_bill_passes_Oklahoma_state_Senate