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.

SDE Answers Questions About Lindsey Nicole Henry Scholarships

On Nov. 10, the State Department of Education issued the following question and answer memorandum on the Lindsey Nicole Henry Scholarships. The memo was sent to superintendents and special education coordinators. The information provided addresses common questions not just from school districts but also from parents and private schools. 

Q: What is the LNH Scholarship for Students with Disabilities Program?

A: The Lindsey Nicole Henry Scholarship for Students with Disabilities (70 O.S. § 13-101.2) is a new law which became effective August 26, 2011, through HB 1744. This law amended the original scholarship created by HB 3393. The scholarship was created for qualifying students with disabilities for use at a private school that is accredited by the State Board of Education or another accrediting association approved by the State Board of Education. Students with disabilities include PK-12th grade students who are documented as having Autism Spectrum Disorder, Deaf-Blindness, Developmental Delays, Emotional Disturbance, Hearing Impairment, including Deafness. Also, Intellectual Disabilities, Multiple Disabilities, Orthopedic Impairments, Other Health Impairments, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, and/or Visual Impairment, including Blindness.

Q: Who is eligible for a LNH Scholarship?

A: Any parent of a public school student with a disability who has an Individual Education Program (IEP) may receive a LNH Scholarship if the student meets the following requirements:

• The student has spent the prior school year in attendance at an Oklahoma public school, unless the child’s parent or legal guardian is a member of the United States Armed Forces. Prior school year means that the student was enrolled and reported by a school district for funding purposes during the preceding year.
• The parent has obtained acceptance for admission of the student to a
  private school that is eligible for the program. 
• The parent completes the application process by December 1 of the year that they are seeking approval for the scholarship. 

Q: What is the first step in obtaining the LNH Scholarship?

A: The parent or legal guardian must obtain acceptance for admission to an approved private school. Once acceptance for admission has been granted from the private school, the parent or legal guardian must complete the application process and send required documentation to the OSDE for consideration by December 1 of the year that the scholarship will take effect. If approved, the OSDE will notify the private school and the parent of the calculation amount for the scholarship within ten (10) days of receipt of the completed application. The private school and the parent will also receive written notification within ten (10) days if the application is denied. Payment of the scholarship will not begin until the next school year if received after December 1.

Q: Are private schools required to participate in the LNH Scholarship program?

A: No. Private schools are not required to participate in the LNH Scholarship Program; however, participation is open to all private schools that wish to take part in the program, as long as the school meets the eligibility criteria set forth by the Act. Private schools meeting the requirements of the Act may submit an application to the Oklahoma State Board of Education for consideration. If approved, the Oklahoma State Department of Education (OSDE) will notify the private school in writing that they are approved to receive tuition payments for students who qualify for the LNH Scholarship award. Each private school will provide the OSDE with an annual, notarized, sworn compliance statement certifying compliance with state laws.

Q: Where can I find a list of approved private schools that are participating in the LNH Scholarship program?

A: Current approved private schools are listed on the LNH Web page of the OSDE Web site located at , or you can call the OSDE at (405) 521-4865 for an updated list.

Q: What is the timeline for receiving information about the LNH Scholarship award amount?

A: The parent or legal guardian of an eligible student must request a scholarship by notifying the OSDE through the approved application process. Within ten (10) business days of receipt of the parental request, the OSDE must determine the calculation of the maximum amount of the scholarship and report it to the private school in writing within ten (10) business days of the receipt of the request. The parent will also be notified of the maximum amount of the scholarship at that time. The 16y submitting a renewal application and required information to the OSDE by December 1 of the year that the scholarship is requested. The application may be obtained on the LNH Scholarship Web page found on the OSDE Web site at or by calling the OSDE at (405) 521-4865.

Q: May LNH Scholarship students who are enrolled in a participating private school attend a public school while they wait for the private school's first day of school?

A: No. When students enroll in the scholarship program for the first time, they must wait for classes to begin at the private school for the new school year. Scholarship participants may lose their eligibility if they attend a public school while waiting for their private school to begin classes. Local education agencies (LEA) are responsible for reporting those students attending the public school as "returned to public school" students.

Q: If the parent or legal guardian requests a LNH Scholarship and the student is accepted by the private school pending the availability of a space for the student, what should the parent do to ensure that they are eligible for the scholarship when a space becomes available?

A: The parent or legal guardian must notify the OSDE before entering the private school and before December 1 in order to be eligible for the scholarship during the school year when a space becomes available for the student in the private school.

Q: May LNH Scholarship students attend a participating private school and receive special education services from a public school district?

A: No, LNH Scholarship students may not receive special education services from a public school district except under special circumstances involving a service plan. Scholarship students must formally withdraw from public school after acceptance of the scholarship. If a child is enrolled in both private and public school, the child will be considered to have “returned to public school” and may lose eligibility for the scholarship.

Q: Will a LNH Scholarship student continue to be on an IEP that includes special education and/or related services provided by the public school district?

A: No. Accepting the LNH Scholarship will be the same as revocation of consent for special education services (See “Parents Rights in Special Education: Notice of Procedural Safeguards”. If a parent chooses to revoke consent, the revocation is in its entirety, so acceptance of the LNH scholarship would forfeit all special education services, related services and any other special education supports, including the child’s IEP developed while the child was enrolled in the public school system. If the parent revokes consent by accepting the LNH scholarship, the school district:

• Is not in violation of the requirement to make available a free and appropriate public education (FAPE) to your child for its failure to provide services to your child;
• Will treat your child as a nondisabled student for disciplinary purposes in the public school setting if the child returns to the public school environment; and 
• Is not required to amend your child’s education records to remove any references to your child’s receipt of special education and related services. 

If you elect to re-enroll your child in the public school system, terminating eligibility for the LNH Scholarship, you or the school district may initiate a request for an initial evaluation to determine if your child is a child with a disability. 

Q: What happens if the LNH Scholarship student has an address change, transfers to a different school, or has other changes that could affect the child’s educational program?

A: The parent must notify the OSDE of any change that could affect the child’s educational program within ten (10) days or this may jeopardize the child’s scholarship eligibility.

Q: Can the parent withdraw the LNH Scholarship student from an approved private school and re-enroll the child in another approved private school?

A: At any time the parent or legal guardian of the student may withdraw the student from an approved private school and place the student in another private school that is eligible to receive LNH Scholarship students. The OSDE must be notified within ten (10) days after this change.

Q: Can the parent withdraw a LNH Scholarship student from private school and re-enroll the child in public school?

A: Yes. The scholarship student may re-enroll in the public school district at any time; however, the scholarship will be forfeited immediately. The parent may request for the child to receive special education services in the public school, and the request will be processed as an initial evaluation. The student will be treated as any student in the child-find process.

Q: Who is responsible to provide transportation to the private school for students receiving the LNH Scholarship?

A: If the parent chooses to place the child in a private school and the child has been awarded the LNH Scholarship, the parent is responsible for the student's transportation.

Q: How long does a LNH Scholarship last?

A: The scholarship will remain in effect until the student:

• Returns to a public school; 
• Graduates from high school, or 
• Reaches the age of 22, whichever occurs first. 

Q: Can a Lindsey Nicole Henry Scholarship be forfeited?

A: Yes. There are several ways that a Lindsey Nicole Henry scholarship may be forfeited.

The scholarship is forfeited when a parent:

• Enrolls or re-enrolls the student in a public school. 
• Fails to fully comply with the parental involvement requirements of the private school. 
• Refuses to restrictively endorse the scholarship payment to the appropriate school for deposit into the account of the participating school. 

The scholarship is forfeited when a student: 

• Does not remain in continued attendance at a participating private school throughout the school year (unless excused by the school for illness or other good cause); or 
• Fails to adhere to the discipline policies of the private school. 

Q: If a student applying for the scholarship is dismissed from receiving special education services after the parent or legal guardian files a request for the scholarship and before the student enters the private school, is the student eligible for the LNH Scholarship?

A: No. If a student is dismissed from receiving special education services while enrolled in a public school, the student is not eligible for the scholarship. The child must be on a current IEP to meet the requirements of the scholarship.

Q: What is the award amount for a LNH Scholarship?

A: The maximum scholarship amount granted for an eligible student with disabilities will be a calculated amount equivalent to the total State Aid factors for the applicable school year multiplied by the grade and disability weights generated by that student for the applicable school year. The maximum scholarship amount will be calculated by the State Board of Education for each year the student is participating in the scholarship program. The amount of the scholarship shall be the preceding amount, less 2 1⁄2 percent for administrative fees, or the amount of tuition and fees for the private school, whichever is less.

Q: How is a LNH Scholarship payment made?

A: Payments for the LNH Scholarship will be made on a reimbursement basis by the OSDE, according to the following procedure:

• The private school will provide the OSDE with an annual affidavit of compliance that is provided by the OSDE, an annual statement of tuition and fees for each scholarship student upon their enrollment, an invoice for each child at the end of each quarter, and a detailed quarterly attendance report for the current school year. 
• The initial payment will be made after the school district verifies admission acceptance and enrollment. Payment will be made by the school district with an individual warrant made payable to the parent or legal guardian of the student and mailed to the approved private school where the child has attended. The parent or legal guardian will complete a Vendor/Payee form provided by the OSDE and return it to the OSDE to be placed on file. 
• Upon issuance of the scholarship warrant, the parent or legal guardian to whom the warrant is made will restrictively endorse the warrant to the private school for deposit into the account of the private school. No entity or individual associated with the private school as the attorney in fact for the parent or legal guardian can endorse a warrant. 
• The payment will be made after the private school provides the public school with a quarterly attendance record for each child receiving the scholarship. The OSDE will cross-check the list of participating scholarship students with the public school enrollments prior to each scholarship payment.

Q: What are the responsibilities of the public school district where the LNH Scholarship student lives?

A: The public school district is responsible for the following:

• Make available general information about the LNH Scholarship to parents of children with disabilities and provide them with contact information to gain additional information annually, including an annual copy of the “Parents Rights in Special Education: Notice of Procedural Safeguards”; 
• Conduct child find activities, including initiation of the re-evaluation process, for all students with disabilities who reside in the school district; 
• Exit all children from the district special education child count that are known to be parentally placed in a private school and receiving the LNH Scholarship after notification by the parent of acceptance of the scholarship by written confirmation or default. 

Q: Who is responsible for special education services or extra costs that are incurred by the private school for the LNH Scholarship student?

A: Upon acceptance of the LNH Scholarship, the parent or legal guardian shall assume full financial responsibility for the education of the student. The OSDE or the public school district will not be responsible for any additional costs associated with special education and related services incurred by the private school for the student including the cost of teachers, equipment, material, and special costs associated with a special education class.

If you have additional questions regarding the LNH Scholarship for Students with Disabilities, please contact Ms. Anita Eccard at (405) 521-4865.

Fortunately, Jenks & Union Administrators Are Not Representative of All Educators

By state Rep. Jason Nelson, R-Oklahoma City, author of the Lindsey Nicole Henry Scholarship Act, printed in the Journal Record today.

OKLAHOMA CITY – Recently, defenders of administrators in Jenks and Union schools have claimed any criticism of them is somehow an attack on all educators.

Sorry, but that dog won’t hunt. The core issue is too easy to understand and the administrators are clearly in the wrong.

In a nutshell, these two districts are suing parents for doing what is best for their kids.

These parents are using the Lindsey Nicole Henry Scholarship Act, which 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.

Jenks and Union administrators don’t like the law. However, rather than properly challenging it in court, they chose to sue parents of special-needs children seeking scholarships.

It is inexcusable that district administrators would sue parents for being too involved in the education of their own children.

The proper way for them to challenge the law is to sue the state.

There’s an Oklahoma City attorney who routinely challenges state laws in court with some success.

If a private citizen can do it, surely these two administrators (and their expensive law firm) can figure it out.

They 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.

These administrators continue to reject legitimate avenues to challenge the law.

Instead, they are suing parents of children with very real special needs in an attempt to punish these families and intimidate others. 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.

For these reasons, I have been an outspoken critic of Jenks and Union administrators. People are free to disagree, but to claim all teachers in Oklahoma should be lumped together with those administrators (as Scott Carter did in a recent column) slanders the reputation of every hard-working teacher in the state.

My criticisms have been directed at the administrators of these two districts and not the educators in my family or educators in general. To say otherwise is simply desperate political spin. I don’t need rhetorical misdirection to make my case. Apparently, defenders of these administrators can’t say the same thing.

Nelson: Jenks & Union Schools Should Get Used to Criticism

This release is in response to a Tulsa World news story today regarding Jennifer Carter's use of the word “dirtbags” in a tweet nearly a month ago.  Carter tweeted when she learned that administrators in the Jenks and Union school districts were suing parents of special-needs students who are using scholarships available through the Lindsay Nicole Henry Scholarships for Students with Disabilities Program Act.

Link to video

OKLAHOMA CITY – State Rep. Jason Nelson said the leaders of the Jenks and Union Public Schools should get used to criticism after targeting the parents of special-needs children with a frivolous lawsuit.

He said criticism is more than warranted in light of the districts’ apparent continued violation of state law and mistreatment of special-needs children.

“Apparently, Jenks and Union officials are shocked that anyone would call them ‘dirtbags’ for persecuting the families of children with special needs,” said Nelson, R-Oklahoma City. “I’ve got news for them: Get used to it. Oklahoma citizens will no longer stand by while wealthy school bureaucrats abuse their power.

“I believe these districts continue to violate state law and know their actions are indefensible - which is likely the reason they did not include ‘suing parents’ on any school board agenda,” Nelson said. “I’ve not heard one person defend suing parents outside the administrators of Jenks and Union schools. I’ve visited with numerous people who shudder at the idea of a school district suing parents – especially in this case – and many of them used far more colorful language to express their opinion.”

Several months ago, 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. However, they never filed that lawsuit, and instead suddenly sued parents who legally obtained scholarships as a result of the law.

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.

“At the start of September, the amount spent on all students receiving these scholarships statewide was a combined total of $197,345 – far less than the combined salaries of the two superintendents at Jenks and Union,” said Nelson, who authored the scholarship law. “When you have school administrators obsessing over a month-old, offhand, one-word Twitter comment instead of working to provide each child a quality education, that suggests the school funds being wasted are those spent on administrators’ fat paychecks and not the pittance spent helping educate children with special needs.”

Jenks & Union Schools Continue Vendetta Against Children with Special Needs

OKLAHOMA CITY (September 7, 2011) – A lawsuit Jenks Public Schools and Union Pubic Schools filed last week targeting the parents of special-needs children is frivolous, cruel and misguided, state Rep. Jason Nelson said today.

“This lawsuit is vindictive and extremely out of line,” said Nelson, R-Oklahoma City. “It essentially tells parents: ‘Beware, school administrators will sue you if you dare seek a better education for your special-needs child.’ Seeing such a reckless lawsuit filed at the behest of two superintendents whose salaries total nearly half a million public dollars a year should send cold chills down the spine of every parent in the state.”

Named as defendants in the district court lawsuit are parents who obtained scholarships for their special-needs children through the successful Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act.

Lindsey Nicole Henry Scholarships 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 that parents believe can better serve their child. The scholarships come from the amount of money already designated for the education of those children.

The amount spent on students receiving scholarships to date is a combined total of $197,345 – a sum that is less than the superintendent’s salary at both Jenks and Union.

“Instead of being sued, these parents should be lauded for being engaged in the education of their children.  For years, they suffered as these same public schools failed to provide a quality education to their special-needs child.  And now these schools are putting their interests ahead of the interests of the child,” said Nelson, who authored the scholarship law.

“The parents did not create the program and are clearly not responsible for enforcing or administering the program. The parents simply obtained a scholarship for their special-needs child as provided for in state law,” Nelson said. “These parents now find themselves in a position where their local districts are trying to punish them in court for simply following state law.”

Nelson said the basic premise of the districts’ lawsuit is troubling.

“There is no difference between this lawsuit and a school district choosing to sue parents who transfer their child to another school district under the state’s open transfer law. In both cases parents make the choice to transfer their child to a different school pursuant to state law and in each case a portion of the money follows that student to the new school,” Nelson said.

The Jenks and Union school boards voted in early August to pursue “any action the superintendent deemed necessary with regard to legal action against appropriate persons and entities."

“Little did the public know that what ‘appropriate persons’ actually meant was: ‘Let’s sue the parents.’ Had the public known that was the districts’ intention, there would likely have been the justifiable outrage there is today over this misguided action,” Nelson said.

“For years we heard that schools did not have enough funding to take care of special-needs children and that it hurt the education of other pupils.  Now we have a solution for helping these students – and reducing the burden on the schools.  From this lawsuit it appears these superintendents care more about the money than they do about the child,” Nelson concluded.

Application Procedure for Requesting the Lindsey Nicole Henry Scholarship for 2011-2012 School Year

This is a memorandum to parents and guardians and private schools participating in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act.

It explains the procedure for applying for a scholarship beginning August 26, 2011.

HB 1744 is a law (70 S.D. § 13-102.2) that amends the LNH Scholarship Act beginning August 26, 2011. Section A of the Act allows the parent/guardian of a public school student with a disability to exercise their parental option and request to have an LNH Scholarship awarded for their child to enroll in and attend a private school, if the child was on an Individualized Education Program (IEP) prior to the request and has spent the previous school year in attendance at a public school in the state by being reported by a school district for funding purposes during that year. Exceptions will apply to a student who is a child of a member of the United States Armed Forces who transfers to a school in this state from out of state or from a foreign country pursuant to the permanent change of station orders.

Section B of the Act requires the parent/guardian to notify the OSDE directly of the intent to participate in the LNH Scholarship program. The parent/guardian must make this request by completing the application process annually to provide necessary eligibility and accountability information.

The procedure for submitting an application to receive the LNH Scholarship is as follows:

1. To be eligible to participate in the LNH Scholarship for Students with Disabilities Program, a private school will notify the OSDE of its intent to participate. The notice shall specify the grade levels and services that the private school has available for students with disabilities who are participating in the scholarship program. The OSDE will approve a private school as eligible to participate in the scholarship program upon determination that it meets specified requirements.

2. The parent must obtain acceptance for admission of the student to a private school that is eligible for the program as provided in subsection in the Act.

3. The parent/guardian will notify the OSDE directly of its request for the scholarship by submitting the Lindsey Nicole Henry (LNH) Scholarship Application for new applicants or the Annual Renewal Application and required documents to the OSDE by December 1 of the school year requested.

4. The OSDE will verify the application information and complete the calculation request, notifying the parent and the private school of the calculated amount of funds available for the scholarship within ten (10) days after receiving the scholarship request. The maximum scholarship granted for an eligible student with disabilities will be the amount calculated or the amount of tuition and fees for the private school, whichever is less, minus up to two and one-half percent (2 1⁄2 %) of the scholarship amount that will be retained by the OSDE as a fee for administrative services rendered.

5. The private school will send a quarterly verification of the child’s continued enrollment and attendance at the private school and a quarterly invoice to the OSDE-SES. Payments will be made at the end of each quarter after attendance is verified.

6. Upon issuance of a scholarship warrant, the parent/guardian to whom the warrant is made will restrictively endorse the warrant to the private school for deposit into the account of the private school. The OSDE will not be responsible or any additional costs associated with special education and related services incurred by the private school for the student.

7. The private school will submit an annual, notarized, sworn compliance statement to the OSDE certifying compliance with state laws.

8. The OSDE will cross-check the list of participating scholarship students with the public school enrollments prior to each scholarship payment to avoid duplication.

The LNH Scholarship Application for New Applicants and Annual Renewal Application with supporting documents must be submitted by the parent/guardian to the OSDE by December 1 of the year that parent/guardian is seeking the scholarship, beginning with the 2011-2012 school year. 

The application process must be completed each year that the parent/guardian chooses to participate in the LNH Scholarship.

The LNH Scholarship Application is available online to parents/guardians on the OSDE Website at <www.sde.state.ok.us>, and can also be obtained by contacting the OSDE, Special Education Services (SES). The application can be downloaded and mailed or faxed to the OSDE for the parent/guardian’s convenience. Applications received after the December 1 deadline will be considered for the following school year.

If you have additional questions about the LNH Scholarship Application process or the LNH Scholarship Reimbursement, please contact me, (405) 521-4865.

cc: Private School Directors

Procedure for the Lindsey Nicole Henry Scholarship Reimbursement Application

Below is a memorandum issued by the State Department of Education to superintendents regarding the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act.

This memo addresses the failure of some school districts to make required scholarship payments during the 2010-2011 school year. The memo establishes a procedure for reimbursement if a district did not comply and pay the scholarship funds as contemplated by statute. (Memo dated Aug. 3, 2011)

House Bill 3393 is a law (70 S.D. § 13-102.2) that became effective August 27, 2010. The bill created a scholarship for use at a private school accredited by the State Board of Education for students with Individualized Education Programs (IEPs).

HB 1744 amends the LNH Scholarship Act. HB 1744, subsection N, allows the OSDE to reimburse parents for scholarship funds they should have received; and then allows the OSDE to bill or adjust the state aid of districts that failed to make required scholarship payments, if a district did not comply and pay the scholarship funds as contemplated by statute. 

Broken Arrow PS Expresses Philosophical Concern About Individual Focus of Scholarship Program

The philosophical issues Broken Arrow Public Schools has with the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act are the focus of a Broken Arrow Ledger news story posted yesterday on BALedger.com.

The story by News Editor Nour Habib highlights the changes to the program passed this session in House Bill 1744.  It also discusses  Broken Arrow Public Schools' continued opposition to the special education scholarship program because of "philosophical issues." The program is designed to provide more options to parents of students who are on an Individualized Education Program through the school district.

"It seems the official with Broken Arrow schools doesn't support the program because the school will lose the funding for that student, " said State Rep. Jason Nelson (R-Oklahoma City). "Their rationale is a student that is not being adequately served must stay at the school so  the school can keep the funds regardless of what is best for that student. Stated another way, it’s acceptable for a few students to receive a less than adequate education as long as the school still gets the funding for those few students so  other students can benefit.”

Dwayne Thompson, Chief Financial Officer for BAPS, is quoted in the story as saying:

"Instead of being vague about public schools not doing their job and funneling away more of their resources, educators and legislators need to work to improve our public school system, rather than undermining it in the name of ‘equal opportunity.'"

"Every child having an 'equal opportunity' for a good education is clearly not their focus," Nelson responded.

"The program is not 'vague' about the expectations," Nelson continues. "If a child on an IEP is not being educated to his or her full potential the parents have the option, through the scholarship program, to send their child to a qualified private school they believe will do a better job. Those are the expectations of the program: Children deserve to be educated to their full potential." 

Thompson complains to Habib that the program has problems because public and private schools are not "on a level playing field." He continues to be quoted in the story: 

"If the private schools they go to are under the same regulations, the same requirements, the same testing, all the same things we're responsible to do as a public school, let's compete and see who does the best job."

Rep. Nelson supports competition. The story by Habib quotes Nelson as saying:

"I see us needing school choice, but at the same time we have got to free up public schools to be more creative and innovative in the way they provide education." 

Nelson is the principal author in the House of Representatives of Senate Bill 264. He amended the bill in April to give local school boards and administrators greater freedom from state regulations and mandates so school districts have flexibility to meet the unique needs of their students. 

"Opponents of SB 264 raised questions about whether local school boards and administrators would use the unprecedented ability to make decisions to benefit students or would they abuse the freedom in a way that harms children," Nelson said. "Because of these questions we ran out of time to get the bill passed in the House of Representatives before the session ended." 

"When the legislature returns next session SB 264 is only one step from being sent to the governor for signature," Nelson added. "I don't remember hearing from BAPS in support of SB 264. It makes me wonder if the 'equal playing field' argument is a real problem or just an excuse."