Ceremonial Signing Held for Victims’ Rights Bill

OKLAHOMA CITY (June 22, 2012) – A ceremonial signing held today recognizes the passage of an important new law that will allow Oklahomans to obtain lifetime victim protective orders, according to the bill’s author, state Rep. Wade Rousselot (D-Okay).

House Bill 2396, authored by Rousselot, extends the time in which a victim protective order remains in effect from three to five years and allows for a continuous victim protective order under certain conditions.

“Oklahoma, along with the rest of the nation is plagued with domestic violence,” said Rousselot. “The victims of this mental and physical abuse are usually, but not always, women. When a victim fears for their safety because of escalating threats or even instances of violent behavior, they seek a form of protection, just as any of us would. A protective order sets boundaries between the victim and their tormentor. If violated, the tormentor goes to prison.”

Rousselot said in order to renew a protective order, a victim has to face their tormentor in court. Extending the length of time in which the order remains in effect and allowing for a continuous protective order in certain cases, places less of a burden on the victim, he said.

“The continuous protective order ensures the victims who have the most egregious tormentors do not have to face them every five years in court in order to renew the order,” said Rousselot.

Person Convicted of DUI Praises Erin Swezey Act

Sen. Clark Jolley posted an email he received praising the Erin Swezey Act – from a person convicted of DUI. It confirms what Sen. Jolley and I said during session: http://nelsone.ws/tMzsne

Stronger DUI law starts Tuesday

Erin Swezey

OKLAHOMA CITY – Starting next Tuesday, November 1, Oklahomans who drive drunk will face tougher penalties—changes that supporters say will save lives.  Sen. Clark Jolley and Rep. Jason Nelson authored the Erin Swezey Act last session, which won overwhelming approval by the legislature and was signed into law by Gov. Mary Fallin.  The legislation was named for a 20-year-old Oklahoma State University student from Edmond who was killed in 2009 by a drunk driver with numerous DUI arrests and convictions.

“We want people to know that if they choose to drink too much and get behind the wheel, they will face greater consequences.  Hopefully that may discourage some people from driving drunk in the first-place,” said Jolley, R-Edmond.  “If not, the provisions of the Erin Swezey Act will make it much more difficult for them to drink and drive once they’ve been convicted of DUI.”

Sen. Clark Jolley speaking at a Capitol press conference with
Erin Swezey's family, Rep. Nelson and State Troopers

As of November 1, an interlock device will be required for 18 months on a first conviction for those with a blood alcohol content (BAC) of .15 or higher.  For a second or subsequent offense, the interlock will be mandatory for those with a BAC of .08 for a period of four years, and for five years on subsequent offenses.  Under the new law, those convicted will have the designation “Interlock Required” on the face of their driver licenses as long as they’re required to have an interlock device.

The Oklahoma Highway Safety Office has already begun airing a new Public Service Announcement about interlock devices, which can be viewed on their website (http://ok.gov/ohso/) and will also be working to raise public awareness about the Erin Swezey Act.

“Keeping the public safe on Oklahoma roadways is a top priority for law enforcement,” said Oklahoma Highway Patrol Major Rusty Rhodes.  “This law provides stricter rules for DUI offenders and will help us keep impaired drivers off the roads.”

According to the Centers for Disease Control, interlock devices are credited with reducing repeat drunk driving offenses by an average of 67 percent, with a 30 percent reduction of alcohol related fatalities.  However some states have seen even greater results. 

Keith and Dixie Swezey visit
with Rep. Nelson after Erin Swezey
Act passed the final House vote

“In Arizona, they’ve cut their fatalities by nearly half.  That’s pretty dramatic,” said Nelson, R-Oklahoma City.  “We’ll never know whose life we’ve saved with this law, but it could be any one of us or our own children or grandchildren.”

Among those attending Thursday’s State Capitol press conference to raise public awareness about the new law were Erin’s parents, Keith and Dixie Swezey, her brothers, and other friends and family members.

“Drunk driving is not a victimless crime.  Erin’s life was cut tragically short by a senseless and 100 percent preventable act,” said Keith Swezey.  “But if this new law is properly enforced, countless Oklahoma citizens will not have to suffer the tragedy that our family and so many others have gone through.”

(For digital audio go to www.oksenate.gov and select “Media”)

Information, Applications Posted on Newest School Choice Law

Oklahoma Equal Education Opportunity Scholarship Act Begins Work

OKLAHOMA CITY (September 8, 2011) -- The Oklahoma Tax Commission has posted applications on its website for both educational improvement grant organizations and scholarship-granting organizations in response to Senate Bill 969, a tuition tax credit program, which took effect August 26. 

Supt. Janet Barresi

“I’m glad this important reform has taken effect,” State Superintendent of Public Instruction Janet Barresi said. “This bill allows Oklahoma parents the opportunity to make the best choice for their children’s education. It gives much-needed support to low-income families and helps bring innovative programs to our schools.”

SB 969, by State Sen. Dan Newberry, R-Tulsa, and State Rep. Lee Denney, R-Cushing, is a key plank in Superintendent Barresi’s 3R Agenda to rethink, restructure and reform Oklahoma’s education system.

The bill offers a 50 percent state income tax credit to businesses and individuals making contributions to scholarship-granting organizations. Those organizations, in turn, provide tuition scholarships to families earning less than 300 percent of the requirement for the federal free and reduced lunch program or whose children attend a school identified as needing improvement under the No Child Left Behind Act of 2001. Funds generated from the tax credits also could be used to finance grants for innovative education programs in rural public schools across the state.

Contribution limits are up to $1,000 per person, $2,000 per couple or up to $100,000 per business entity. Up to $5 million in tax credits can be raised each year, half from individual tax filers and half from corporate tax filers. Any credits earned during the time period beginning August 26, 2011, through December 31, 2012, may not be claimed until tax year 2013.

Scholarship and grant organizations will be established as nonprofits, contributing at least ninety percent of annual receipts to eligible recipients and reporting annually to the Tax Commission. 

Sen. Dan Newberry
R-Tulsa

“In order to give every student a chance to learn, we must empower students and families with freedom of choice,” said Newberry in May after the Senate passed the final version of SB 969. “This legislation will encourage private sector investment in the success of our low-income children, removing barriers to achievement and helping children build better lives. Expanding choice will create a more fertile climate for learning, improving our education system.”

Newberry noted the measure would increase the overall amount spent on primary education while saving the state tax dollars.

Rep. Lee Denney
R-Cushing

“This legislation provides an opportunity for Oklahomans to help poor children obtain a quality education,” said state Rep. Lee Denney, R-Cushing. “It provides a much-needed new source of education funding to benefit the students who are most at-risk.”

Organizations interested in applying can go to http://www.tax.ok.gov/btforms.html.

State’s largest teachers union ready to take on school districts after loss of “trial de novo” option

By Stacy Martin and Patrick B. McGuigan at www.CapitolBeatOK.com (Published: 24-Jul-2011)

The legislative authors of bill repealing Oklahoma's “trial de novo” provisions for school teachers say the Oklahoma Education Association’s general counsel is misinforming members of Oklahoma’s largest teachers' union about the new provisions, by asserting its strictures violate the U.S. Constitution’s Fourteenth Amendment right to due process.

"The Oklahoma Legislature does not have the authority to repeal or otherwise change the due process protections that are set forth in the 14th Amendment of the U.S. Constitution," states OEA general counsel Richard Wilkinson in the June/July "Education Focus," the union's member newspaper. 

Also, Wilkinson’s column and another anonymously-written item in the publication remind union members of their asserted right to engage school districts in lengthy, expensive litigation. 

The references are found in the newspaper online at www.okea.org. 

Wilkinson’s legal assistant said he could not comment for this story because he would be on a lengthy vacation and she did not know when he would return.

Rep. Corey Holland
R-Marlow

“What teachers will no longer have after being terminated is a guaranteed new trial which effectively starts the entire process of termination over again,” said state Rep Corey Holland of Marlow. “House Bill 1380 puts the termination decision in the hands of the same folks who do the hiring. This is not an unfair standard in any way.

“In fact, it aligns with how every other public employee in our state is treated. Teachers who believe they are unjustly terminated will have the option, if they choose to pursue it, to have their case heard in a court of law just like everyone else. The Constitution of the United States has not been altered just because Oklahoma passed H.B. 1380, and any legitimate lawyer understands this fact."

In the most recent “Education Focus,” an anonymous item emphasizes that any teacher believing she or he has been wrongfully terminated retains the right to sue school districts, administrators and board members. The brief item notes, “These cases are more costly to litigate for the school district.” 

The bill means that tenured teachers will have the same rights in termination cases as probationary teachers, Wilkinson noted in his column. Because a teacher achieves tenure after teaching three years, tenure provisions formerly provided substantial, virtually automatic job security.

In his column, Wilkinson cited three to four specific instances in which a public school district may be sued – including instances where the district has failed to prove its case. He stated there are “voluminous” additional reasons to do so.

Sen. John Ford
R-Bartlesville

State Sen. John Ford of Bartlesville said, “The district is always subject to a suit if the district does not follow the procedures outlined in the statutes. This is as it should be.”

Oklahoma taxpayers ultimately pick up the tab for school districts’ legal costs. Highly-placed education sources contend school district litigation costs have gotten out of hand in school districts for numerous reasons.

Wilkinson said in his column that legal action against a district, administrators and school board could go on as long as 18 to 24 months, whereas a court appeal is statutorily limited to 63 days.

Sen. Ford disagreed, saying “Mr. Wilkinson talks about…. the trial de novo process to be over in 63 days.” Ford explained, “This is if there are no extensions requested and granted. In fact, many have exceeded the 63 days, some actually lasting over a year.” 

Teachers performing their jobs properly have nothing to fear, lawmakers insist. “Trial de novo” is an optional provisions and is not in place in every state where teachers' unions are powerful. 

Recently, Purcell Superintendent Tony Christian told reporters it cost the district $80,000 and several months of wrangling to terminate a former teacher who was eventually convicted of serious wrong-doing. Criminal proceedings against the individual took law enforcement two years to complete.

The new “trial de novo” law does not mean fired teachers cannot appeal terminations in a court of law. Terminated educators may use the public court system, but will have to start the process anew without automatic resource to trial court after a dismissal. 

The bill becomes law August 26, 2011. It will govern teacher termination efforts for the 2011-2012 school year and thereafter.

Wilkinson's colulmn said OEA had anticipated passage of this legislation. Thus, for several years, the union's delegates have authorized “substantial investments” in a sophisticated arsenal of tools that will virtually transform school board termination hearings into court proceedings.

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

Task Force to Study Special Education, Propose Statewide Plan

A task force has been created by the legislature to study how special education and related services are provided to students and to develop a plan to implement a special education statewide cooperative. The Special Education Statewide Cooperative Task Force was included in House Bill 1744 that was signed by Gov. Mary Fallin on Thursday.

"I'm asking for anyone with suggestions of individuals who may be qualified for appointment to the task force to submit those names to me or to the respective appointing authority listed in the legislation," said State Rep. Jason Nelson, R-Oklahoma City, author of HB1744. "The work of the task force begins in July so it is important to identify potential task force members quickly so all the positions can be filled in time."

Below is the text of the task force language of HB1744:

A. There is hereby created until May 31, 2012, the Special Education Statewide Cooperative Task Force.

B. The Task Force shall study and develop a plan to provide for the delivery of special education and related services to students with disabilities for whom an individualized education program (IEP) has been developed in accordance with the Individuals with Disabilities Education Act (IDEA) through a statewide special education cooperative which will result in improved outcomes. The Task Force shall study, review and make recommendations on the following:

1. The appropriate governance and organizational structure for a statewide special education cooperative;
2. What resources are needed and available to support a statewide special education cooperative;
3. Which students should participate in the statewide special education cooperative;
4. How special education services can be improved through improved economies of scale;
5. How students will be enrolled in or provided services through the statewide special education cooperative;
6. How the services of teachers and other related personnel will be provided by the statewide special education cooperative;
7. How equipment and other resources that support and benefit students with an IEP will be provided by the statewide special education cooperative;
8. How partnerships with school districts, technology center school districts, higher education institutions, and any other public or private entities will benefit students with an IEP;
9. The relevant federal IDEA compliance issues;
10. How assessments for placing students on an IEP can be improved; and
11. Any other relevant issues.

C. The Task Force shall consist of sixteen (16) members as follows:

1. The State Superintendent of Public Instruction or designee;
2. The Secretary of Education or designee;
3. An executive director of a special education cooperative, appointed by the Governor;
4. A special education director of a special education cooperative, appointed by the Speaker of the House of Representatives;
5. A service provider of special-education-related services, appointed by the President Pro Tempore of the Senate;
6. A special education teacher, appointed by the State Superintendent of Public Instruction;
7. A parent representing the federally funded parent training and information center for Oklahoma known as the Oklahoma Parent Center, appointed by the Governor;
8. A parent representing a private association which advocates for individual with disabilities, appointed by the Speaker of the House of Representatives;
9. A person representing a sheltered workshop, appointed by the President Pro Tempore of the Senate;
10. A private employer who employees individuals with disabilities, appointed by the State Superintendent of Public Instruction;
11. A disability coordinator for a higher education institution, appointed by the Governor;
12. A representative of a technology center school district, appointed by the Speaker of the House of Representatives;
13. A representative of the federally funded protection and advocacy system for Oklahoma known as the Oklahoma Disability Law Center, appointed by the President Pro Tempore of the Senate;
14. A self advocate, appointed by the State Superintendent of Public Instruction;
15. A member of the House of Representatives, appointed by the Speaker of the House of Representatives; and
16. A member of the Senate, appointed by the President Pro Tempore of the Senate.

D. The member of the House of Representatives and the member of the Senate shall serve as cochairs of the Task Force. Appointments to the Task Force shall be made within thirty (30) days after the effective date of this act. Meetings of the Task Force shall be held at the call of either cochair of the Task Force. Members shall serve at the pleasure of their appointing authorities. A majority of the members of the Task Force shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Task Force. A vacancy on the Task Force shall be filled by the original appointing authority. Staff support for the Task Force shall be provided by the staff of the House of Representatives, Senate and State Department of Education. The Oklahoma Department of Career and Technology Education, Oklahoma State Regents for Higher Education, Office of Disability Concerns, State Department of Rehabilitation Services, Oklahoma Health Care Authority, Department of Human Services, and the State Use Committee for the Department of Central Services shall provide support and information as requested by the Task Force.

E. Members of the Task Force shall receive no compensation for serving on the Task Force, but may receive travel reimbursement, contingent on the availability of public or private funds for this purpose.

F. The Task Force may seek the assistance of the Legislative Service Bureau or the State Board of Education to contract with an independent consultant as necessary to fulfill the duties specified in this section contingent on the availability of funds.

G. The Task Force shall submit a preliminary report by December 31, 2011, and a final report by May 31, 2012, to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

Governor signs Erin Swezey Act into law

Gov. Mary Fallin has signed The Erin Swezey Act into law.

Erin Swezey

Thursday, the governor approved Senate Bill 529 which is named for the 20-year-old Oklahoma State University student from Edmond who was killed in 2009 by a drunk driver with numerous DUI arrests and convictions.

“Public Safety is a top priority for Oklahoma, and I believe the Erin Swezey Act will help us save lives,” Fallin said. “My own daughter is only a little bit older than Erin would have been. My heart goes out to the Swezeys and all Oklahomans who’ve been victims of drunk drivers. I’m proud to support legislation that will help us prevent such tragedies.”

Sen. Clark Jolley, R-Edmond, is principal author of SB 529. He said the bill was requested by Erin’s parents, Keith and Dixie Swezey.

“I am extremely grateful to Governor Fallin for her support of this measure, and to my House author, Representative Jason Nelson, for all of his hard work securing passage of the Erin Swezey Act,” Jolley said. “I also want to express my thanks to Keith and Dixie for bringing this important issue to the forefront, and having the courage to fight for it so that other parents will be spared their loss.”

As of November 1, 2011, an interlock device will be required for 18 months on a first conviction for those with a blood alcohol content (BAC) of .15 or higher. For a second or subsequent offense, the interlock will be mandatory for those with a BAC of .08 for a period of four years, and for five years on subsequent offenses. Under the new law, those convicted will have the designation “Interlock Required” on the face of their driver licenses as long as they’re required to have an interlock device.

Visiting with Keith and
Dixie Swezey after final
House vote

“Arizona has a similar law and they’ve reduced drunk driving deaths by 46 percent,” said Nelson, R-Oklahoma City. “I know we will save lives in Oklahoma as well.”

Speaking on behalf of his wife Dixie, Keith Swezey said they were elated that the Erin Swezey Act has been signed into law.

“We are so thankful to Governor Fallin for signing this bill, and to Senator Jolley and Representative Nelson who made its passage a reality,” Swezey said. “The glory belongs to God. We give thanks to Him for our beautiful daughter, and for the enactment of this law which honors her life by helping protect other innocent Oklahomans.”

For more information please visit:

www.erinswezeyact.com

http://www.facebook.com/#!/ErinSwezeyAct or

http://twitter.com/ErinSwezeyAct

Governor Fallin Signs Key Pension Reform Legislation into Law

Reforms Will Reduce Pension Systems’ Unfunded Liability by Over $5 billion


Governor Mary Fallin yesterday signed several key pieces of pension reform legislation into law at a public bill signing with state leaders. The bills aim to provide a boost to the fiscal solvency of the state’s public employee pension systems, which are currently troubled with $16 billion in unfunded liability. 


“Pension reform is about creating a sustainable future for our state budget and our state retirement systems,” Fallin said. “We can’t keep allowing these systems to go deeper and deeper into debt without serious consequences. By beginning the reform process today, we are helping to ensure that we don’t one day face a crisis scenario where the state is simply unable to deliver on the benefits we’ve promised our retired workers.”


One bill, HB 2132, authored by House Speaker Kris Steele and Senate Pro Tem Brian Bingman, would reduce unfunded liability in state pensions by $5 billion by requiring the legislature to provide a funding source for cost of living adjustments (COLA’s). Fallin said the commonsense measure restored fiscal responsibility to the system.
“We can’t promise to increase pension payments without identifying where that money is coming from,” Fallin said.


“That’s the sort of behavior that put the state of Oklahoma $16 billion in the red when it comes to our pension systems. HB 2132 changes that and ensures that any COLA increases are fully funded and fiscally sound.”

Rep. Randy McDaniel
R-Oklahoma City

In addition to HB 2132, Fallin also signed the following pension reform measures into law, all authored by Senator Mike Mazzei and Representative Randy McDaniel:

• HB 1010: increasing the retirement age for new members of the Uniform Retirement System for Justices and Judges (URSJJ) who started work after January 1st of this year. For new members with 8 years of service, the measure increases the normal retirement age from 65 to 67 years old. For new members with 10 years of service, the measure increases the normal retirement age from 60 to 62 years old.
• SB 377:  Raising the normal retirement age for new teachers from 62 to 65 years of age and establishing a minimum age of 60 for full retirement benefits for teachers who meet the rule of 90. Currently, there is no minimum age requirement for those employees whose age and service equals the sum of 90.
• SB 794: Ensuring that elected officials are treated the same as other public employees when calculating retirement benefits. Also, applying the same minimum retirement ages to all new public employees as SB 377 does to new teachers: a minimum age of 60 when the rule of 90 is met and a normal retirement age of 65.
• SB 347: providing for the forfeiture of a municipal officer or employee’s retirement benefits upon conviction of crimes related to their office (bribery, corruption. etc)

Ethics Reform Measure Signed into Law

Legislation increasing the public’s ability to learn the identities of campaign donors has been signed into law.

Rep. Sean Roberts
R-Hominy

House Bill 1776, by state Rep. Sean Roberts, requires major candidates to file a campaign contributions and expenditures report electronically with the Ethics Commission, and requires the report to be posted online.

The legislation applies to all candidates for state office, candidates for municipal office in towns with populations greater than 250,000, and candidates for county office in counties with over 250,000 citizens.

“Today, candidates for many municipal and county races have to raise thousands of dollars and can receive up to $5,000 from just one contributor,” said Roberts, R-Hominy. “House Bill 1776 will ensure that the citizens know who is funding each of those campaigns. It fosters open government by increasing transparency and gives citizens greater ability to scrutinize candidates and officeholders at the local level of government.”

House Bill 1776 passed the Oklahoma House of Representatives on an 89-5 vote and then cleared the state Senate unanimously. Gov. Mary Fallin signed the bill into law on April 29.

Legislation to Protect Disabled Adults Signed Into Law

Rep. Pat Ownbey
R-Ardmore

Legislation that would ensure individuals with developmental disabilities are protected in the handful of sheltered workshops that do not contract with the state has been signed into law.
House Bill 1228, by state Rep. Pat Ownbey, would authorize the Department of Human Services to issue, modify and revoke licenses for sheltered workshops. The legislation would also authorize DHS to inspect and evaluate workshops and require criminal background checks for all employees of a sheltered workshop.

“The legislation provides minimal standards for DHS to enforce,” Ownbey said. “These facilities generally have few problems, but because disabled adults are more vulnerable to abuse, I think it is appropriate that there are safeguards in place to ensure their well-being. Many of the sheltered workshops in the state are already overseen by the Department of Human Services Developmental Disabilities Services Division. There is no additional cost for DHS to inspect and license the remaining sheltered workshops that do not contract with the state.”

The new law will take effect on Nov. 1, 2011.

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.”