Rep. Nelson Praises Lindsey Nicole Henry Scholarship Ruling

OKLAHOMA CITY –State Rep. Jason Nelson issued the following statement after the Oklahoma Supreme Court today ruled unanimously that the Lindsey Nicole Henry Scholarships for Students with Disabilities Act in 2010 does not violate Section 5 of Article 2 of the Oklahoma Constitution, also referred to as Blaine Amendment. Rep. Nelson was the House author of House Bill 3393 that created the scholarships in 2010.

“I’m relieved and excited for the students and families who now have certainty about the program. I know that they have worried that they would wake up to learn that the law had been struck down but they don’t need to worry any longer. The nearly six year old question has been answered.

“We have always known that we are on the right side of the law, and this ruling today confirms what we have always believed. It is a wonderful program that hurts no one but one that has changed lives for the better. Some parents have told me that it saved their child’s life. They’ve told me that their children were bullied without mercy at school and nothing was being done to stop it. Some of them even feared their children would take their life as a result.

“I am very grateful for the many people who have supported this policy and also those who fought for it in court. In particular, I am grateful to former Governor Brad Henry, Attorney General Scott Pruitt, Solicitor General Patrick Wyrick, Assistant Solicitor General Sara Greenwald and my colleague Senator Patrick Anderson, along with a host of associations and organizations who helped along the way. Finally, I am certainly thankful for the justices of our Supreme Court for their faithfulness to the Constitution in their decision today.”

Governor's ACE Awards Given to 188 School Districts

Updated March 4; Posted March 1
OKLAHOMA CAPITOL – Governor Mary Fallin, State Superintendent of Public Instruction Janet Barresi, Former Governor Brad Henry and State Legislators honored 188 school districts with the Governor’s ACE Award at a celebratory luncheon today at the Oklahoma History Center.

The Governor’s Ace Award was given to school districts in which 100 percent of the seniors of the Class of 2012 met all graduation requirements, including Achieving Classroom Excellence (ACE). ACE, which was enacted in 2005 under Gov. Brad Henry, requires that high school seniors, beginning with the Class of 2012, prove proficiency on four of seven end-of-instruction exams before graduation.

“To continue to create jobs and grow our economy, it’s critical to raise Oklahoma’s academic performance and develop a highly skilled workforce," Gov. Mary Fallin said. "The ACE requirements help ensure that upon graduation Oklahoma’s students are ready for success at the college level and beyond. The schools receiving the Governor’s ACE Award are great examples of what we can achieve when we raise our expectations for students. Congratulations to the teachers, administrators, parents and students of these schools for achieving academic excellence. These schools not only are giving our students a great education, but they are helping us develop the workforce we need to compete in the global economy.”

Superintendent Barresi said, "I am very proud of this achievement by so many of our school districts. The educators in these schools, the students and the parents worked hard to achieve proficiency on core end-of-instruction exams. This bipartisan reform has ensured this hard work will be rewarded with students better prepared for the rigors of college, careers and life."

Former Gov. Brad Henry said, "I am thankful to have been involved from the beginning with this significant legislation. Making sure students learn basic math, English, history and science skills before they graduate high school will give them a better chance of success in their next phases of life."

School districts receiving the Governor’s ACE Award are:

In a tumultuous week for DHS, revised Pinnacle Plan unveiled

By Patrick B. McGuigan and Stacy Martin at CapitolBeatOK (Published: 14-Jun-2012)

In the midst of a tumultuous week for governance at the Oklahoma Department of Human Services, a revised version of the transformational “Pinnacle Plan” has been released. 

Circulation of the new draft (dated June 1) came just 48 hours after Human Services Commission Chairman Brad Yarborough – facing a no-confidence vote pressed by at least three of the commission members – resigned from the top job, while agreeing to stay on the panel. 

Peter J. Rudy of Oklahoma Watchdog.org covered Tuesday’s “contentious meeting” and has the details here. 

The revised Pinnacle Plan has been sent to the three “co-Neutrals,” out-of-state analysts and decision-makers empowered by litigation settled earlier this year. The work of the co-Neutrals, as result of litigation administered by the federal courts, is not subject to Oklahoma’s open meeting and open record provisions. 

The new rendition of the state’s comprehensive reform plan for DHS is the result of several revisions crafted since March 30. The new version is characterized in a release from DHS as “an outline of improvements the [state] DHS will make in targeted areas of the state’s Child Welfare System. It will serve as a guideline for the agency to follow as it works to improve the care of Oklahoma’s foster children.

“The plan was revised after feedback from the plaintiffs, co-neutrals, legislators, Governor’s staff, OKDHS Commission members, and OKDHS staff. The plan contains minor revisions that ensure clarity of the goals and initiatives. Some changes were made to move initiatives forward in Years One and Two, such as ensuring children under two are not placed in shelters and the supervisor training/mentoring program is developed earlier.

 

“During the next 45 days, the plaintiffs and co-neutrals will once again review the document and the co-neutrals will either endorse or not endorse the Pinnacle Plan. If endorsed, OKDHS will finalize the baselines and metrics over the next several months. If not endorsed, the co-neutrals can modify the plan to meet their expectations as outlined in the Settlement Agreement. During the approval process, OKDHS and the co-neutrals will begin the work of establishing baselines and targets along with the data experts.”

Deborah G. Smith, Director of the OKDHS Children and Family Services Division said, in comments sent to CapitolBeatOK, “We hope this becomes the final version.  We have made some minor adjustments, and believe this plan will provide a valuable outline with which we can operate in the years to come. We are ready for an approved plan so we can begin implementation.”

Chairman Yarborough disclosed his resignation from the top job on Tuesday (June 12). He had sought to continue drawing on the expertise of two former commissioners (Steven Dow and Anne Roberts) for working panels, but that idea now appears inoperative. 

Yarborough said he had to stop being chairman because “an excessive investment of time. It has been a privilege to serve as Chairman these past eight months. I accepted at a time when the DHS faced many significant challenges. The role has been difficult and demanding. I’m pleased that, with the help of other Commissioners, agency staff, the [attorney general], Legislature and Governor, the DHS has turned a critical corner. Recent achievements have, by most accounts, been historic. Serving as the Chair has been satisfying and I hope that it has benefitted our state.

 

“The duties as Chairman have required an excessive investment of time. But, because of the critical and worthy nature of the assignment, the sacrifice was merited. However, this level of involvement is unsustainable. Business opportunities and personal priorities now require more attention. To adequately accommodate, it’s necessary to resign as Chairman,” he said.

Governor Mary Fallin first appointed Yarbrough on Sept. 8, 2011.  On the same date, she appointed former Oklahoma County District Attorney Wes Lane, who is now reportedly under consideration for the chairmanship. Lane and Yarborough, conservative Republicans, had worked closely with Dow and Roberts, liberal Democrats and appointees of former Governor Brad Henry.

Several of the board majority’s steps toward accountability and better performance have been opposed by other Henry-era commissioners. Dow and others have said the commission structure is outdated and not adaptive to contemporary needs of DHS. 

As a result of many factors – legislative enactment, judicial scrutiny, litigation, and new legislation, the governance structure for the agency is on the verge of comprehensive transformation, including the role of the governing commission.

The Legislature boosted DHS funding by $50 million this spring; half of that increase is to finance early stages of the Pinnacle Plan. 

If voters agree in November, the commission will be abolished and the governor empowered to name top employees at the agency. Rudy reports this week’s contentious meeting “will certainly be an example used by those who want the reforms as a reason for why they are needed.” 

It is quite conceivable that whomever is named to succeed Yarborough will be the last Human Services Commission Chairman. Meanwhile, commissioners (and the governor) were unsatisfied after a first round look at potential candidates to replace DHS Director Howard Hendrick, and beginning a broader national search for additional candidates.

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.

School readiness partnership plans to make recommendations to Governor Mary Fallin

By Patrick B. McGuigan at www.CapitolBeatOK.com (Published: 19-Aug-2011) 

At a Thursday afternoon meeting in Oklahoma City, leaders of several organizations in early childhood education advocacy or services gathered to read (and, in the end, endorse) policy recommendations that will be forwarded to Governor Mary Fallin this fall. As the recommendations were discussed, however, a new public opinion poll documented that many voters are dubious about further expansion of government programs to provide early childhood education.

The recommendations come from the Oklahoma Partnership for School Readiness (OPSR), a group established in 2003. The partnership's mission is described as “to lead Oklahoma in coordinating an early childhood system focused on strengthening families and school readiness for all children.” The organization's vision is characterized as seeking to assure “ that all Oklahoma children will be safe, healthy, eager to learn and ready to succeed by the time they enter school.”

Since 2010, OPSR has carried on the duties of the State Early Childhood Advisory Council (SECAC). 

The 2012 policy recommendations remain in draft stage, and can be read on the website of Smart Start Oklahoma. Leaders of Smart Start Oklahoma told CapitolBeatOK the draft document will include comments made at Thursday's meeting, and that the text of the recommendations will not be finalized until August 31. 

Henry says Barresi should be able to pick, hire staff

See more at the McCarville Report Online

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.”