Lawmakers Unveil Education Savings Account Act

OKLAHOMA CITY – Legislation that would provide education options to families across Oklahoma was unveiled today at a press conference at the Oklahoma State Capitol.

Under House Bill 3398, by state Reps. Jason Nelson and Tom Newell, low-income public school students would be able to receive a portion of the state aid dedicated to their education and use it to expand their education options.

“This is an exciting and timely proposal that will help address one of our state’s most pressing and challenging problems – the effects of poverty on our families,” said Nelson, R-Oklahoma City. “Two thirds of the births of children in our state are paid for by Medicaid. More than 60 percent of the public school students in our state are eligible for free or reduced price lunches. Educators I’ve talked to say that students living in poverty present the greatest challenge in our education system. This bill would begin to help these children and help schools with one of their greatest challenges.”

“If you are a parent who has the means to pay for education alternatives, you have true freedom over how your child is educated,” said Newell, R-Seminole. “If you have a lower income, your options are more limited. This legislation is about expanding those options for low-income families.”

Under the legislation, students eligible for free or reduced price lunch under federal guidelines would be eligible to receive 90 percent of the funding they would have generated at their resident public school through the school funding formula. Students in families whose household income is up to 1.5 times the threshold for free or reduced price lunch will be eligible to receive 60 percent of the amount they would have generated through the formula. Students in families whose household income is between of 1.5 times to 2 times the threshold will be eligible to receive 30 percent of what would have been generated through the formula.

The education savings account money could be used for tutoring, virtual school, higher education courses and private schools, Nelson said. 

“There is not a private school in every community,” Nelson said. “But there are alternative options to be found in every community.”

The president of a non-profit Oklahoma City school for impoverished and homeless children applauded the legislation.

Susan Agel, president of Positive Tomorrows, said the legislation could provide some funding for her students. Positive Tomorrows serves children who are homeless or in really difficult living situations.

“The Oklahoma City public school district estimates that there are about 2,000 homeless children in that school district,” Agel said. “There are a number of them that are really living in some difficult situations. Those are the children that we can do the most for. So far this year, we’ve turned away about 50 kids. We’ve done this because we have a lack of space in our building and because of staffing considerations.

“Every child that we take relieves some pressure on the burdened public school system who has to be all things to all children. We can take children who need some special care and we can take care of those kids and in the end we can save everybody a lot of money.”

Dr. Cris Carter, the superintendent of Oklahoma City Catholic Schools, said the Catholic Church has historically been an option for immigrants and the poor.

“We believe we have much to offer families who desire not only strong academics, but also a community rooted in a message of love and hope,” Carter said. “Representative Nelson’s previous legislation for special needs students has already begun to bear fruit. I have witnessed its impact most significantly at Good Shepherd Catholic School at Mercy, our school for children with autism.”

Lauren Marshall, member of the National Board on Public School Options and Tulsa resident, said parents need options.

“There are not enough school options right now for parents,” Marshall said. “This legislation will expand those options and we are grateful for Representative Nelson’s work on behalf of parents.”

Pam Newby, executive director of Special Care, also spoke in support of the legislation. 

“This bill is incredibly important to our families,” Newby said. “Most of our families are single parents with children who have respiratory issues, or learning disabilities, or autism. They desperately need an education plan that is not one-size-fits-all. Education should not be one-size-fits-all.”

Parental choice in education a topic in OEA questionnaire

State Superintendent Janet Barresi's campaign today posted her responses to an Oklahoma Education Association (OEA) candidate questionnaire. Barresi answered questions on several areas of education policy, including school choice.

The OEA is the state's largest teachers' union and opposed Barresi in the 2010 state superintendent’s race. The OEA also consistently opposes legislative efforts to provide greater educational options to parents.

Barresi answered a very revealing question about publicly funded educational choice programs:

Q. What are your feelings about using public money to support private schools through voucher programs, tax credits, and other mechanisms?

A. My goal is to make sure our public schools are the first choice of every Oklahoma parent. Until that day, I want to give parents as many choices as possible. I have worked to increase funding for the Lindsay Nicole Henry Scholarships so that parents of those with learning challenges have better options for their students to have the same success as everyone else. There is still more we can do. Every child, every parent should have the opportunity to choose the school that best fits their specific needs, and no child should be confined to a failing school. I won’t rest until that’s a reality.

The premise of the OEA's question is absurd and a clear example of misplaced focus. The union sees programs like the Lindsey Nicole Henry Scholarships Act as existing to support private schools over public schools. They see education in terms of institutional schools -- not individual students.

My two children attend public schools. We do so not out of a sense of obligation to support the public institutions and provide employment for union members who believe they know better than my wife and I do what is best for our children.

Children are more than mere funding units for educational institutions. Common sense dictates that the institutions exist for the benefit of schoolchildren. The children do not exist for the benefit of the system of public schools.

Following the logic of the OEA's question, it must hold that the per pupil revenue generated by students attending public school is for the purpose of supporting that school, regardless of the service it provides to students.

The OEA’s focus is not on providing children with educational services, but with protecting their turf. The union bosses concern themselves with imagined harm to their dues-paying members while ignoring the very real harm of denying help to students who need a different educational environment.

The membership concerns of the teachers' union should not take priority over the sacred right and duty of parents to direct the education of their children.

As the author of the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act, I’m grateful to Supt. Barresi for her steadfast support of this important, student-centered education program.

Barresi, along with the State Department of Education and the State Board of Education, are defendants in a new lawsuit filed by educators challenging the constitutionality of the Lindsey Nicole Henry Scholarship Program. I'm working with Barresi and Attorney General Scott Pruitt to defend this law against those who believe that the children exist to support the system and dues paying union members.

Call me naïve, but I think education should be focused on students.

Follow-up Documentary on Lindsey Nicole Henry Scholarships Released

OKLAHOMA CAPITOL -- The Oklahoma Council of Public Affairs has released a new ten minute documentary following up with three students with special needs who have been using the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act for the last year. 

Lindsey Nicole Henry Stories, Part 2 takes a look at how Chloe, Rob and Phylicia are doing after they were featured in a powerful twenty-five minute documentary released a year ago. The benefits of the program have exceeded my expectations. 

Restoring Private School Local Control Passed Committee

OKLAHOMA CITY – Legislation that would give private schools the ability to set policy in regards to firearms received unanimous support by a House committee last week.

House Bill 1622, by state Rep. Sally Kern, was approved by a 12-0 vote in the House Public Safety Committee. Kern said private schools would be able to arm teachers to defend the school if they so choose, under her bill. 

“The bill allows private schools to set a policy for arming faculty to protect students and themselves if an active shooter were to come on campus. The bill does not mandate private schools do this. It just leaves the decision up to each governing board to make that determination. Private schools are private entities and the state has no business telling them who can and cannot carry a firearm on their property,” said Kern.

Churches are a good example of a private property on which a law-abiding gun owner might be charged with a crime for carrying a weapon on a Monday, during a church-run school’s hours, or have no charge on Sunday, when they are attending a service, Kern said.

Current law punishes gun owners who carry a firearm onto private school property with a felony charge, a fine of up to $5,000 and two years in prison. Under Kern’s bill, the penalty would be a misdemeanor charge, a fine of no more than $250 and zero jail time.

“Although we now have open carry, there are a number of laws still on the books that severely penalize what could easily be a simple mistake by a law-abiding citizen,” said Kern, R-Oklahoma City. “Lawmakers are working to lower the penalties for some of these infractions, so that we are not jailing citizens that mean no harm.”

If approved by the House Calendar Committee, the legislation will be available for a hearing on the House floor.

Ultimate Education Accountability: Henry Scholarships

Oklahoma Capitol - (Commentary) I received an anonymous comment on a blog post recently implying the Lindsey Nicole Henry Scholarship Program lacks accountability. That’s news to me and to the parents and students using the program.

The writer complained the program “allows parents to take public dollars and remove their students to a private curriculum ... with no accountability.” They said this alleged lack of accountability has not been addressed in the debate surrounding this law.

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.

The issue of accountability has been addressed innumerable times by me and other supporters of the program - including parents. The problem is not that supporters have failed to address the issue, but that opponents of the program don’t like the answer. What is the answer, and why don’t they like it?

In some respects, private schools are accountable just like public schools. Both public and private schools answer to boards. The anonymous writer, who posts under the pseudonym okeducationtruths, acknowledges that private schools, like public schools, must also be accredited by the State Department of Education.

State Department of Education rules require that the accreditation standards of private schools “must be comparable with the State Board of Education's standards for public schools in terms of the applicable quality indicators.” State requirements for private school accreditation, in part, are as follows:

“The program of the school shall be designed in the best interests of the students, and students are admitted only when it has been determined that there are reasonable expectations that the students' best interests can be served. The program, while appropriately adjusted to serve the best interest of its students and to be consistent with the school's philosophy and objectives, complies with applicable rules of the State Board of Education, especially in the following areas: (i) Length of the school day and school year; (ii) The basic skills subjects in the elementary curriculum including subjects which constitute a well-balanced elementary curriculum; instructional time requirements and essential elements which are comparable to those required in the like subjects at equivalent grade levels in the public school system; student academic records; and achievement levels required for promotion; and (iii) The appropriate subjects in the secondary curriculum, including sequencing of courses for which transferability of credit may be sought from the state; essential elements which are comparable to those required in the like subjects and courses at equivalent grade levels by the state; student academic records; and achievement levels necessary for the awarding of credits and diplomas.” Also, “Professional staff members must hold degrees and be qualified by preparation or experience for positions they hold and for the work to which they are assigned.”

Private schools are also accountable to parents in a way that public schools are not. If parents are unhappy with a private school, they can take their child and corresponding funds elsewhere.

Without the scholarship, parents who are dissatisfied with their child’s public education, and who don’t have the means to move to a different district or pay out-of-pocket for private school find their child stuck in a public school unwilling or unable to meet their educational needs.

Opponents complain private schools aren’t regulated exactly like public schools. The anonymous protest left on this blog says private schools “do not have to teach the state-legislated curriculum or take state-mandated tests.” To that charge I respond, yes, private schools are different from public schools. 

The public school system is a government monopoly that can be unresponsive to the needs of some students. It is financially difficult, if not impossible, for most parents of children with special-needs who are dissatisfied with their child’s public education to leave their assigned public school. The Lindsey Nicole Henry Scholarship law provides a new option for special-needs students in such situations. As long as public schools are effectively a monopoly, they will need to be regulated. 

Private schools are not a monopoly. Unhappy private school patrons can easily leave a poor performing private school. So, the need to regulate these schools is considerably less. Still, there are reasonable regulation and expectations placed on private schools that participate in the scholarship program. It is common sense to most people that when consumers have more choices there is less need for regulation.

When public schools fail students, they are given several years to attempt improvement. They also use this time to fill the Capitol with lobbyists to make excuses and delay intervention. Poor performing private schools simply lose paying students and go out of existence. 

What really offends opponents of the program is the Henry Scholarship law empowers parents of special-needs students to hold schools accountable - a role the education establishment believes should be solely theirs.

Why don’t opponents of the program accept the answer?

Some opponents, including legislators, public school administrators and others, have been so bold as to publicly criticize parents who make use of the program as ignorant and not acting in the best interest of their children.

The website for Jenks Public Schools, one of two districts suing parents for participating in the program, states: 

“[E]ducators are greatly concerned at the very real possibility that a student with special needs can be pulled out of a public school and placed in a private school that may not offer any Special Education services.”

It’s important to remember that parents are the decision makers in the scholarship program. If a student is “pulled out of a public school and placed in a private school” it is because the parents believe it is best for their child.

Julie Blake, the director of student programs at Jenks, is more direct in her opinion that parents should not be making important decision such as choosing where their child attends school.

"Parents, I'm afraid, are unaware what they are giving up. Our concern is that our students are out there without anyone watching over them."

It’s as if the children really belong to the public schools system and are simply lent to parents for the evening and summer break. Educators at Jenks evidently don’t think parents are the appropriate people to make such important decisions on behalf of the public school system’s children. 

Union Public Schools’ Superintendent Cathy Burden echoes the concern about allowing parents to decide where their child attends school.

“[Parents] are giving up due process rights, continued IEP, auxiliary services, free and appropriate education, annual evaluations. ... There are a variety of things guaranteed to students and parents that would be lost."

They assume that parents aren’t familiar with these “guaranteed” services. These public school services are required by the federal special education law, the Individuals with Disabilities Education Act (IDEA). The IDEA was necessary to protect special-needs students in public schools. The goal has been to ensure children with special-needs get the education they deserve because historically they had not.

Former State Rep. Neil Brannon, D-Arkoma, said during his debate against the program on the House floor, “[Parents] may think they know what’s best, but do they?”

Have we drifted so far as a society that parents aren’t considered capable of making important decisions for their children? Are parents incapable of holding a school accountable if they are economically empowered to choose the school their child attends?

I know parents who choose to use the program love their children more than the public school system does and parents are perfectly capable of making big decisions based on the best interests of their child.

A few parents have used the scholarship to transfer their child to a private school only to later transfer back to the public school. Is the decision by these parents to send their child back to public school also suspect?

There is a definite lack of accountability in special education programs in public schools - or at least a discernible lack of interest. Of the eight school boards that originally voted to ignore the law, including the two boards currently suing parents, I am aware of only two school board members who have wondered why parents and students would want to leave and attempted to look into the matter. This is very troubling. There is no apparent interest among these school boards to investigate the reasons some parents are dissatisfied. The Board for Tulsa Public Schools, at the request of the two board members I mentioned, said they would look into parents’ concerns. I’m not aware of any reports resulting from this promise.

Privates schools participating in the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act are held accountable through the accreditation process, oversight from their boards and ultimately the parents who choose the school for their child. There is accountability - opponents just don’t like the program. 

Who better than parents to ultimately make these decisions and hold schools accountable? 

Commentary: How do you know private schools do it better?

This is a question I’m asked repeatedly regarding the Lindsey Nicole Henry Scholarship program. This unedited question is copied straight from an email I received.

There are two ways to answer this question - a long answer and a short answer. I’ll give both.

The first answer: I assume that do it better really means provide a better education. Certainly that is important but there is another consideration for many parents. It could, and probably should, also refer to doing a better job of protecting children with special-needs from bullying. Bullying unaddressed by educators in some public schools is the reason many parents decide to use the scholarship - not academic reasons.

Most detractors don’t know that participating private schools have to meet certain standards. For instance, private schools that choose to participate in the program must meet accreditation standards set by the State Board of Education. Unlike poor performing public schools, private schools that do a bad job educating children run out of paying customers because students can take their money to a school that does it better.

The question also seems to assume that what I think about private schools matters to parents. I’m not the one choosing which children participate or which private school they will attend. The law does not grant me the responsibility of arbitrarily assigning participating children to specific private schools by some nonsensical system such as basing it on their home address. That is how children are currently assigned to schools in the public system. In the Henry Scholarship program, parents are solely responsible for choosing the private school their child will attend.

The Lindsey Nicole Henry Program makes an assumption, which I believe to be  accurate, that parents who choose to use the program love their children more than the public school system does and that parents are perfectly capable of making big decisions that are in the best interest of their child. In this case, it is the process of researching and selecting a suitable private school.

The question is always general in nature. Parents are not choosing between an idea like public schools and a different idea such as private schools. Parents who are using the program are choosing to transfer a particular child from a specific public school to a specific private school. So the answer to the question depends not on a general idea, but on which specific private school is in question.

The law does make a general value judgement: More options are better than fewer options. Parents make the specific value judgments of whether to participate in the program and what private school their child will attend.

At this point, the question has been answered but the answer is longer than necessary. I usually just give a one sentence answer styled as a question. I think it makes my point perfectly if children are our first concern.

How do you know the public school to which a child is assigned does it better?

New Documentary on Lindsey Nicole Henry Scholarship Posted

Update: On Nov. 20, 2012, the Oklahoma Supreme Court tossed out the lawsuit against the parents of student with special needs.

Please take time to watch this powerful 25 minute documentary and then share it with your friends and social media networks. 

Earlier this year a district judge in Tulsa County ruled that this life-changing special education school choice program was unconstitutional. The judge gave no basis for the decision. The judge did allow the program to continue during appeal. 

The case is currently on appeal with the Oklahoma Supreme Court. Supporters, and some who oppose the program, asked in separate requests in June for permission to file additional legal briefs in the case. The attorney general and the parents who were sued by two public school districts for using the program have also asked for the opportunity to present oral argument to the court. The Supreme Court has not addressed these requests. 

The Court could issue a decision any day without addressing the pending requests. 

The documentary was shown for the first time last night before a public audience on the University of Central Oklahoma campus. The showing was followed by a panel discussion on the status of the program. 

I will be providing timely updates on this blog as events unfold and I also recommend that you visit https://www.facebook.com/HenryScholarships to learn more and share your stories. 

Thank you for taking the time to watch this important documentary and to learn more about this successful but threatened program. 

Henry Scholarships Documentary Showing Planned Next Week

The public is invited to a showing of a 30-minute documentary that describes how the Lindsey Nicole Henry Scholarships are changing the lives of Oklahoma families. The showing will be followed by a panel discussion on the future of the scholarships with law professor Andrew Spiropoulos and state Rep. Jason Nelson.

The even will be held Tuesday, July 31, 2012 at 7:00 PM at: 

Constitution Hall, Nigh University Center, University of Central Oklahoma
100 North University Drive, Edmond, OK 73034

Tickets are free but space is limited. Visit http://henryscholarships.eventbrite.com/ to reserve your seat. 

"Chloe" -- A Lindsey Nicole Henry Scholarship Story

"Phylicia" -- A Lindsey Nicole Henry Scholarship Story

Please share this video about the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act. 

This simple program is changing the lives of many children in Oklahoma for the better. A district judge ruled earlier this year that the 2010 law is unconstitutional. The Oklahoma Supreme Court agreed earlier this week to hear an appeal by parents who are being sued by two school districts for using the program to help their children. I hope you will support this program and let others know you think it is important that it be protected for the sake of special-needs children now and in the future. 

"Rob" - A Lindsey Nicole Henry Scholarship Story

The Lindsey Nicole Henry Scholarships for Student with Disabilities Program Act allows students with disabilities who have an individualized education program (IEP) to qualify for a scholarship to attend a private school that meets the accreditation requirements of the State Board of Education.

Lindsey Nicole Henry Scholarship Program to Continue During Appeal

Nelson Praises Decision to Maintain Scholarship Act

OKLAHOMA CITY – State Rep. Jason Nelson today said Tulsa district court judge Rebecca Nightingale’s order allowing students to continue using special-needs scholarships is the right decision.

“Allowing the program to continue during the appeal is the right thing to do,” said Nelson, R-Oklahoma City. “I know the decision by the judge to grant a stay comes as welcome news to the parents and students who are currently benefiting from the law. I look forward to the Oklahoma Supreme Court taking up the appeal of Judge Nightingale’s ruling where I believe it will be overturned. The law is clearly constitutional if numerous similar state programs are any indication. Opposition to this law is parochial and political – not constitutional.”

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.

Nightingale ruled against the program because some scholarship recipients used the funds to attend private schools with a religious affiliation.

Her decision not only puts the scholarship program at risk, but also many other state programs. Medicaid, which pays for health care for the poor, is one of the largest state programs imperiled by the Jenks/Union lawsuit since many state hospitals have religious affiliations.

Eric Baxter, Senior Counsel with the Becket Fund for Religious Liberty, is representing the parents in the lawsuit.

“We are pleased the students will continue learning in an environment that can address their needs,” said Baxter. “However, it is unfortunate that the school districts decided to spend their money suing the families of disabled students instead of supporting opportunities for students with disabilities to succeed. It’s like suing grandma because she signed up for Medicare.”

“It was a win-win situation,” said Baxter. “The scholarships meet pressing needs without imposing additional costs on the state.”

“This decision is unprecedented,” said Baxter. “The Oklahoma Supreme court has been clear for decades that the State can contract with private entities—including religiously-affiliated entities—to provide services the State would otherwise provide directly. What the State cannot do is exclude some service providers simply because they are religiously affiliated, which is what the district court’s ruling would lead to.”

Additional Information:

Case Page

Judge's Order Staying Judgment Pending Appeal (April 17, 2012) 


Judge's Entry of Judgment (April 16, 2012) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

WHEN: Tuesday, March 27

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

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

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

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

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

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

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

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

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

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

School Choice Week Set by Governor Fallin

Oklahoma City - Governor Mary Fallin has declared the week of January 23, 2012 "School Choice Week" in the State of Oklahoma.


Fallin stated in her proclamation, "[A]ll children should have the 'right' to attend the highest-quality schools possible."


Fallin recognized in her proclamation that school choice is a bipartisan issue. She also mentioned that there are great teachers in traditional and charter public schools and in private schools who are committed to educating children.

Lindsey Henry Scholarships, New Partnerships Lead to New School for Students with Autism

A new private school serving special needs children opened recently providing a new option to children in the Oklahoma City area.

According the Sooner Catholic, The Good Shepherd Catholic School may be “the only one of its kind in the United States.” 

The specialized school opened on the campus of Mercy Hospital in Northwest Oklahoma City in September. The Good Shepherd Catholic School at Mercy is a collaborative effort between the Archdiocese of Oklahoma City, the University of Central Oklahoma and Mercy Health. 

The school is designed for children, ages 3 to 9, with autism and “other similar neurological disorders.” The school started with six students and plans to expand to serve 20 students in the future. 

The Superintendent of Education for the Archdiocese of Oklahoma City, Sister Catherine Powers, said in the November 20 edition of Sooner Catholic, 

“The three-way collaboration itself is unique. However, what is even more special is that, to my knowledge, there is no other Catholic school in the country that is geared toward meeting the individual needs of children on the autistic spectrum. I have no doubt that we are meeting a great need among our families in the Oklahoma City area.”

According to the story, the University of Central Oklahoma Behavioral Therapy program will provide teachers. Specialists will work with each child on a daily basis. 

Mercy CEO Di Smalley acknowledged that the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act was an important consideration in the creation of the new school.

Dr. Donna Kearns will serve as principal for the school. For more information on enrollment, contact Kearns at (405) 752-2264.

Partnership with UCO

Several years ago, a state pilot program provided thousands to parents of children with autism to obtain treatment in the private sector. Most of the money was returned unspent because there were simply no therapists available.

That led legislators, working with officials at the University of Central Oklahoma, to establish a training program for behavioral therapists. Students in that program soon needed venues for hands-on application, which led to efforts to create schools for children with autism.

One such school, run by the Easter Seals of Oklahoma, soon folded because of the significant cost of operation.

However, thanks to funding provided through the Lindsey Nicole Henry Scholarship Program, officials expect better results.

“If it were not for the Lindsay Nicole Henry Scholarship Program, the creation of this school could not have happened,” said Mary Sweet-Darter, director of UCO’s learning and behavioral clinic. “The scholarship program is everything. Were it not for that, the options available to parents of children on the autistic spectrum would be very limited.”

“If the Legislature had not taken the initiative to create a program to train therapists, and if they had not passed the scholarship program, none of this could have happened,” Sweet-Darter 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.