Lindsey Nicole Henry Scholarship opponents fall short with court ruling

OKLAHOMA CITY — An Oklahoma County district court judge yesterday ruled that using publicly funded scholarships for students with special needs at a private sectarian school was unconstitutional. However, the narrowly tailored decision held that scholarships from the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act could be used at private secular and religiously-affiliated schools.

The ruling is a setback for the plaintiffs who were asking the judge to strike down the entire law. Instead, the judge upheld the basic program as constitutional with a “narrow” exception.

Pruitt Will Appeal Ruling in Lawsuit Challenging Scholarship Program for Students with Disabilities

OKLAHOMA CITY – Attorney General Scott Pruitt said Thursday he would appeal a ruling that invalidated a portion of the Lindsey Nicole Henry Scholarship program, which allows parents of children with disabilities to obtain scholarship money from the state to fund their child’s attendance at a school of their choosing.

A district court judge ruled funds from the scholarship program cannot be used to send students with disabilities to sectarian schools. The judge's order is stayed pending appeal, which means the scholarship program remains unchanged for now.

“This scholarship program empowers parents of children with disabilities to obtain scholarship monies from the state to fund their child’s enrollment and attendance in a private school of their choosing,” Attorney General Pruitt said. “Prohibiting the use of Lindsey Nicole Henry Scholarship funds from being used to send students with disabilities to sectarian schools would require the state to discriminate against those schools. That is highly troublesome and why we will appeal the ruling.”

DHS concludes Quinten Wood investigation

Initiates disciplinary actions, efforts to improve collaboration of services

Ed Lake
Director of OKDHS

OKLAHOMA CITY – The Oklahoma Department of Human Services (DHS) has completed its internal investigation of the circumstances surrounding the death of Quinten Wood, a 15-year-old boy with disabilities who died in his home over a year ago from complications of pneumonia.  While the criminal investigation is ongoing and the agency’s child death summary is pending, DHS is taking actions based upon the information obtained through the internal investigation. 

“Quinten’s death has been heart-wrenching for all of us at DHS and our deepest sympathies go out to his sister, Valerie Wood-Harber, and his brother,” said Ed Lake, DHS Director. “Ms. Wood-Harber deserves full credit and our appreciation for pushing the system--our agency, law enforcement, the school, and health care officials--to investigate the circumstances that led to Quinten’s death.

Ms. Wood-Harber refused to let her brother’s death be accepted as something unpreventable that occurred as a result of his disability,” said Lake.  “Had it not been for her advocacy and persistence, the truth about what Quinten and his brother endured might never have been fully investigated. We hope that through discovery of the facts and the actions we are taking, they will have some peace going forward.”

Quinten’s death should not be in vain,” said Lake. “Just as we have done, we encourage every entity involved in this case to evaluate its response to children with intellectual and developmental disabilities who may be vulnerable to abuse and neglect. DHS has an important role to play in the child protection system, but not the only role.”

Upon reviewing child death cases, the agency takes into account all of the facts and the full context of cases, including the responsibility and the involvement of staff members. 

“This agency will not rush to blame or scapegoat front-line staff when the facts show they have performed appropriately and have acted in good faith.  We will not punish staff for system failures that are beyond their ability to control,” said Lake.

“Unfortunately in this case, a thorough and comprehensive review of the facts and circumstances of Quinten’s death led us to the difficult and sad conclusion that the individual actions of two employees associated with this case clearly violated agency policies and reasonable child protection practices,” Lake said. “Based upon the information that has been obtained, the decision has been made to initiate steps to terminate those employees.”

“Despite this instance, we have confidence in our child welfare workforce,” said Lake. “Child protection is anxious work.  Our workers are making life and death decisions every day under tremendous pressure never to err. Given the nature of our work, the fragility of the families we serve, and daunting caseloads, we know that tragedies may occur despite our best efforts.  When our people are acting in good faith, doing everything they know to do, this agency should and will support them when that occurs.” 

“I want to express special thanks to Kathryn Brewer, the Advocate General over the Office of Client Advocacy, for her untiring and passionate work on this case. Ms. Brewer deserves great credit for leading this internal investigation, collaborating with the family and law enforcement, not stopping until every stone had been turned in pursuit of the facts.” 

Through this investigation, DHS has also identified areas within its own organization that the agency will strengthen to improve child protection, particularly when it becomes involved in cases with children with intellectual and developmental disabilities. 


Some of these efforts include improving collaboration between its Developmental Disabilities Services (DDS) and Child Welfare Services (CWS), beginning with child protective investigations and continuing through permanency planning for children in the foster care system. CWS is updating child welfare worker training to include more specific information about children with intellectual and developmental disabilities and services available. Also, DDS and CWS will work together to recruit families who have the desire to provide care for children with severe disabilities who enter the foster care system. 

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.

Special Education Keynote Calls for High Expectations and Improved Outcomes for all Children

Crucial topics for students with disabilities and guidance for special education directors and teachers were provided this week by Dr. Melody Musgrove, Director of the Office of Special Education Programs (OSEP) for the U.S. Department of Education.




Musgrove was the keynote speaker at the Oklahoma Directors of Special Services (ODSS) Fall Conference held in Norman on October 23-24.

Musgrove’s call to kindle high expectations of and improve outcomes for all children stirred the passions of enthusiastic leaders in special education. Dr. Rene Axtell, Oklahoma’s Assistant State Superintendent of Special Education, praised Musgrove’s commitment and leadership toward Oklahoma’s educators. “Our State is so fortunate that Dr. Musgrove could come in person to share her inspiration and guidance with us today. She is a frontrunner for excellence in special education,” Axtell said.

Musgrove was invited to speak by the Oklahoma State Department of Education (OSDE), working in collaboration with the Special Education Services (SES) and the Cooperative Council for Oklahoma School Administration (CCOSA), and Oklahoma Directors of Special Services (ODSS).

The White House selected Musgrove as director of the OSEP in August 2010. OSEP is responsible for providing leadership to the early intervention and educational agencies serving the nation’s 6.7 million infants, toddlers, children and youth under the Individuals with Disabilities Education Act (IDEA).

Musgrove’s career is distinguished by her commitment to collaborative frameworks that find creative solutions to difficult educational problems. She is focused on improving outcomes for all children, and experienced in using data to influence systemic improvement decisions. Since becoming director, Musgrove has been leading OSEP staff through a thoughtful process, in collaboration with stakeholder groups, to change the way OSEP works and to shift, as Secretary Arne Duncan has said, “from a compliance-driven bureaucracy to an engine of innovation” that is focused on improving results for children and families.

Nelson Reacts to New Lawsuit against Special Needs Scholarships Law

OKLAHOMA CITY – A new legal challenge to the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act filed yesterday represents “ideological hostility to the rights of parents to direct the education of their children,” according to the author of the bill that created the scholarships.

State Rep. Jason Nelson said the program helps children with special needs attend a private school of their choice by providing state-funded scholarships. It has been in place for three years. A lawsuit filed by two Tulsa-area school districts was tossed out by the Oklahoma Supreme Court in 2012 on the grounds that schools cannot sue on behalf of taxpayers. The new lawsuit targets the state superintendent, the state department of education and the state board of education. The Obama Administration filed a lawsuit against a similar law in Louisiana this year.

“I first heard about this latest lawsuit from a parent who is concerned about what will happen to her child now,” said Nelson, R-Oklahoma City. “This new lawsuit mirrors the previous one that was struck down just this past fall and many of the plaintiffs have ties to school districts but are suing as individuals this time.”

Nelson said there are two things about the lawsuit that stand out to him.

“First and most importantly, not one of the plaintiffs has a child with special needs in the public school system where the school is failing to meet the needs of their child,” Nelson said. “None of them are facing the very real circumstances faced by parents of more than 200 children who use the Henry scholarship program because the needs of their children were not being met.

“Second, none of the plaintiffs in this case have demonstrated any interest or willingness to address the legitimate concerns expressed about challenges in public schools faced by parents of the students who are currently using the Lindsey Henry Scholarship.

“There’s a fundamental disagreement here. Children do not exist to fund the institutions. The institutions exist to support and educate the children and when that doesn't happen, regardless of the reason, we have a moral obligation to do whatever is necessary to ensure those children get the education they need and that the taxpayers are paying for, regardless of where they receive that education.

“This law has benefitted the public school system by increasing per-pupil spending on students in the public school system every year it's been in existence. This is a fact that is easily demonstrated but universally ignored by opponents. One of the plaintiffs has a background in school finance. I’m amazed this fact has escaped him.”

Nelson noted that the lead plaintiff is employed by Oral Roberts University, which was allocated more than $380,000 in state-funded scholarships through the Oklahoma Tuition Equalization Grant program, or OTEG, for the current academic year.

“OTEG is virtually identical to the Henry Scholarship Program,” Nelson said. “If the lead plaintiff is so offended by the Lindsey Henry Scholarship Program why has he not challenged the OTEG law that he benefits from – I would be embarrassed. He must be familiar with Jesus’ teaching, ‘Why do you look at the speck of sawdust in your brother's eye and pay no attention to the plank in your own eye?’

“If you use their actions as a guide, the opposition here and in the Louisiana case is about an ideological hostility to the rights of parents to direct the education of their children – not about legitimate legal concerns. There are many state programs that do exactly what the plaintiffs here claim is unconstitutional. The plaintiffs simply can’t see that this is not about funding institutions but about ensuring children get the best education possible regardless of where they get that education.”

Nelson said he looks forward to working with state Superintendent Janet Barresi, Attorney General Scott Pruitt, the state Board of Education, parents and other supporters to vigorously defend the law. 

“The Lindsey Nicole Henry Scholarship Program is a constitutional, common sense law that benefits the students using the program, the public school system and the taxpayers,” Nelson said. “I’m confident the law will ultimately be upheld.”

Short documentary about the Lindsey Nicole Henry Scholarship Program

DHS Director announces several organizational changes

OKLAHOMA CITY -- Effective August 1, 2013, several organizational changes will take place which reflect the leadership of Director Ed Lake and goals in a new agency strategic plan. 

Ronald Baze, assistant attorney general with the Office of Attorney General Scott Pruitt, has been selected as the new General Counsel. Baze will remain an employee of the OAG while serving under contract as the head of DHS Legal Services.   He will begin his duties as general counsel August 12. 

Ed Lake
Director, OKDHS

“We are breaking new ground in pioneering this relationship between DHS and the Office of Attorney General Scott Pruitt,” said Lake.  “I believe this new legal model will be mutually beneficial to our agency and the state of Oklahoma.  DHS will now have access to all of the resources the Attorney General’s office has to offer.  I was particularly impressed with Mr. Baze’s professional experiences which combined will enable him to make a great impact on our Legal Services.”

Lake has created a new position, the Director of Communications and Community Relations, and has appointed Sheree Powell, the current Coordinator of Communications, to this role.  Powell will oversee the Offices of Communications as well as Community and Faith Engagement, and Information and Referral. In addition, she will also manage Provider Relations.

“This is a move to enhance our engagement with community partners, volunteers and contract providers,” said Lake. “I heard over and over during my listening sessions and through subsequent encounters with our partners that we need to have better communication and more cooperative relationships with them.  This has emerged as a major objective in our agency’s new strategic plan and I have asked Sheree to work with all programs agency wide to improve upon and build those relationships.

“The combination of these particular offices is a natural fit since their responsibilities are so intertwined with one another. This was also a great fit for Sheree.  In addition to being an experienced communications director, she also has an extensive background managing provider relations and building community partnerships,” Lake said. 

The current functions of Finance and some Administrative Services will be moved under a new Director of Finance and Administration.  Lake has appointed David Ligon to this position.  Ligon is currently the Interim Director and former Chief of Staff with the Department of Rehabilitative Services.  Beginning with DHS August 19, Ligon will oversee all finance functions of the agency as well as Support Services and the Office of Business Quality. 

“I am excited about adding David to our DHS team,” said Lake.  “He has a 30-year history and impressive reputation for solid financial and administrative management in state government, including 18 years as a House fiscal analyst, ending as the Deputy Director.  David brings a wealth of valuable experiences that will benefit our agency.”

Director Lake has decided to move Child Care Services under the management of Jim Struby, Director of Adult and Family Services. 

“This move will benefit both Child Care Services and the work within Adult and Family Services since the two programs overlap in many areas,” said Lake.  “I believe Jim Struby and Lesli Blazer will work well together and both of their programs will benefit from this organizational relationship.” 

Adult Protective Services is being moved to Community Living and Support Services under the management of Mark Jones.  APS will be a free-standing program joining the ranks with Aging Services, Developmental Disabilities Services, and Child Support Services. 

“This move just made sense since APS serves both people who are aging and people with developmental disabilities.  Mark Jones will bring a valuable perspective to the work in APS from his previous work with the Office of Client Advocacy and his successful litigation experience with the Homeward Bound vs. the Hissom Memorial Center lawsuit,” Lake said.

Director Lake has created another new position, Chief of Staff, and is in the process of filling that position.  The Chief of Staff’s responsibilities will include management of Human Resources and the Offices of Intergovernmental Relations and Policy, and Planning, Research and Statistics.  

A new organizational chart is currently being developed to reflect these changes and will be posted to the website in the near future.

Special State Board of Education Meeting Set Tomorrow

WHO: The Oklahoma State Board of Education


WHAT: At a special State Board of Education meeting, board members will consider possible action on a process to approve non-traditional routes to special education teacher certification and adoption of state policies for Special Education – Individuals with Disabilities Education Act (IDEA). The board also will consider possible action on the fiscal year 2014 education appropriation in addition to other items. Click here to see the full agenda.

WHEN: 11:00 a.m., Wednesday, June 12, 2013

WHERE: The Oliver Hodge Building, 2500 N Lincoln Blvd., Suite 1-20, Oklahoma City.

The State Board of Education's regular monthly meeting will be at 9:30 a.m. Thursday, June 27.

Respite Voucher Program Discussed at Developmental Disabilities Waiting List Meeting

  DDSD Respite Voucher Program Presentation at Waiting List Meeting - Jun 6, 2013, 3-58 PM

Link to the Respite Voucher Program page on the OKDHS website

Bill supporting Schools for the Blind and Deaf heads to Governor

OKLAHOMA CAPITOL -- Having received unanimous approval from both the Senate and House, Senate Bill 251 is on its way to the Governor’s desk. The measure, authored by Sen. Earl Garrison and Rep. Arthur Hulbert, will give the Oklahoma School for the Blind and the Oklahoma School for the Deaf more leniency in making decisions for their students. 

“As the House author of Senate Bill 251, I’m very pleased with the bipartisan passage of this bill with a vote of 90-0 today in the House of Representatives. This is an example of common-sense legislation that will help save time and money, and that will gain efficiency for the School for the Blind, School for the Deaf, and their local school districts,” said Hulbert, R-Fort Gibson. “It has been a pleasure to work closely with Senator Garrison on this legislation for the betterment of these two schools along with our local public school districts.”

Under SB 251, the Oklahoma School for the Blind and the Oklahoma School for the Deaf will be considered local education agencies for the purposes of purchasing and administering tests required for high school graduation. The bill will allow the superintendents of the two schools to make decisions regarding reasonable testing accommodations for individual students’ disabilities. Garrison explained that, for example, if someone has an astigma, or jerky eye movement, and cannot track words on a page while reading a selection on a test, this bill will allow the superintendent to provide that student with a straight edge ruler to track the words. Currently, any accommodations have to be approved by the State Board of Education.

“I want to thank Rep. Hulbert for carrying this bill in the House as well as my colleagues in the Senate and House for their support of this important measure,” said Garrison, D-Muskogee. “This was a bipartisan effort to help these schools be able to decide how best to address the unique testing needs of their students instead of having to wait for approval from the State Board of Education.”

The measure has an emergency clause so it will go into effect immediately upon being signed by the Governor. 

Fallin Appoints Members to Blue Ribbon Panel to Address Intellectual/Developmental Disabilities Waiting List

OKLAHOMA CITY – Governor Mary Fallin today appointed the members of a Blue Ribbon Panel for Developmental Disabilities. Fallin created the panel by executive order, and announced its formation last month at the Governor's Conference on Developmental Disabilities in Norman.

There are almost 60,000 men, women and children with intellectual disabilities in Oklahoma. Currently, the state has a waiting list of over 7,000 people requesting services from the state’s Developmental Disabilities Service Division (DDSD).

The new panel will develop a comprehensive plan to support individuals with intellectual disabilities and their families, starting with recommendations to address the state’s growing waiting list for DDSD services. It will also research and analyze best practices for the comprehensive delivery of high quality services. 

“Our goal as a state is to be a resource that allows men, women and children with intellectual disabilities the ability to realize their full potential, to live their own lives, and to do so as independently as possible,” said Fallin. “This new panel is composed of people with personal and professional experiences that can help us to pursue this goal and improve services.”

Panel members include:

James Nicholson of Oklahoma City. Nicholson is retired from the Oklahoma Department of Human Services, where he served for more than four decades. He served most recently as the Director of DDSD.  He will serve as chairman of the panel. 

Ann Trudgeon of Oklahoma City. Trudgeon is the executive director of the Oklahoma Developmental Disabilities Council (ODDC). She has been with the ODDC since 1989. She will serve as an ex officio member on the Blue Ribbon panel.     

State Representative Jason Nelson of Oklahoma City. Nelson was elected to the Oklahoma House of Representative in 2009 and represents District 87. He currently serves as the chairman on the A&B Human Services committee. Nelson is also on the conference committee on human services and human services committee. 

State Senator Greg Treat of Oklahoma City. Treat was elected to the Oklahoma Senate in 2011 and represents District 47. He currently serves as the vice chairman on the health and human services appropriations subcommittee.  

Wanda Felty of Norman. Felty is the community leadership and advocacy coordinator for the Oklahoma LEND (Leadership Education for Health Care Professionals Caring for Children with Neurodevelopmental and Related Disabilities). She is also on the board of directors at the Oklahoma Developmental Disabilities Council to which she was appointed by Governor Fallin in August 2012 and she has a daughter with an intellectual disability.

Rene’ Daman of Edmond. Daman is the director of the Oklahoma Autism Network at the University of Oklahoma Health Sciences Center. She has been with the Department of Rehabilitation Science since 1999. She has provided training and technical assistance for providers who support children with autism and their families in early intervention, educational, and community settings.

Michael Upthegrove of Norman. Upthegrove is an adult with an intellectual disability. He previously served on the Oklahoma Developmental Disabilities Council from 2001 to 2009.

Deanna Banta of Shawnee. Banta is an adult with an intellectual disability and is president of Oklahoma People First, a non – profit self advocacy group that promotes equality for people with developmental disabilities.

Robin Arter of Duncan. Arter is the executive director of Duncan Group Homes, a nonprofit agency that provides assistance for people with intellectual disabilities. She is on the Governor’s Advisory Committee at the Oklahoma Office of Disability Concerns. 

Nancy Ward of Oklahoma City. Ward is co – chair of the Oklahoma Self Advocacy Network (OKSAN), which seeks to strengthen the self-advocacy movement in Oklahoma and to increase the inclusion and independence of people with disabilities. She is an adult with an intellectual disability.  

Deborah Decker of Norman. Decker is a special agent with the Federal Bureau of Investigation and a parent of a child with an intellectual disability. She is the current president of the Sulphur Springs Special Needs Retreat and a parent leader at AutismOKC.org, a support network for parents with children with special needs.  

Fallin Creates Blue Ribbon Panel on Developmental Disabilities (March 5, 2013)

OU expert to discuss origins of violent behavior at Sooner SUCCESS public seminar

OKLAHOMA CITY -- (From seminar website) "Childhood Experiences Correlated to Adult Murderers: Are killers conditioned and created or are there just bad seeds destined to cause suffering?   

"These are among the many questions we all share given the recent media featured events involving school shootings, bullying, or violence.  

"Many of these questions influence much of our public policy, communities and families daily. We, like you, are determined to find answers and begin to address through our local communities, the increasing incident of violence among children.  

"With this we invite you to join us March 19^th, from 11-1:00pm for our next SUCCESSforlife event with opening remarks by Rep. Jason Nelson as we begin to address these poignant unanswered questions."

Click here to learn more and register for the seminar

Fallin Creates Blue Ribbon Panel on Developmental Disabilities

Governor Mary Fallin today signed an executive order authorizing the creation of a new Blue Ribbon Panel for Developmental Disabilities. The announcement came today during the Governor's Conference on Developmental Disabilities in Norman, Oklahoma.

The new panel will develop a comprehensive plan to: support individuals with developmental disabilities and their families, address the state’s growing waiting list of thousands of individuals hoping to receive services from the state’s Developmental Disabilities Service Division, and research and analyze best practices for the comprehensive delivery of high quality services. The panel will also act in an advisory capacity to the governor on all issues related to providing community services for individuals with developmental disabilities.  

“There are nearly 60,000 men, women and children with developmental disabilities in Oklahoma,” Fallin said. “While the state is providing high quality services to many of these individuals, we are still experiencing a waiting list of over 7,000 people. This panel will help the state reduce that waiting list while improving the quality of the services it offers.”  

Click here to read a copy of the executive order. 

Sherrer Accepts Original Art Work from Bee’s Knees

OKLAHOMA CITY – State Rep. Ben Sherrer (D-Chouteau) accepted an original mixed-media piece created by David Blose of El Reno and Lindsey Pluess of Oklahoma City today. Blose and Pluess are artists for the organization Bee’s Knees, a program of Youth and Family Services Inc. and Autism Oklahoma that gives young artists with developmental disabilities the opportunity to create and sell art.

“I was first introduced to Bee’s Knees through Leadership Oklahoma where I met Dee Blose, who came to speak to us about Youth and Family Services, Inc.” said Sherrer. “Throughout my time in the Oklahoma House of Representatives, I have been a supporter of several organizations that work with people with disabilities, and it was truly an honor to work with Bee’s Knees.” 

Bee’s Knees was founded about three years ago by Dee Blose, executive director of Youth and Family Services, Inc., as a class to teach young adults with disabilities about entrepreneurship. From there it grew into a program that basically functions as a small business that creates handmade products such as notecards and calendars and original one-of-a-kind masterpieces and then sells them through various exhibits and venues. The program is designed to promote self-sufficiency, and allow these adults to have work in an environment that is more conducive to their needs.

Sherrer worked with Brandon Smith, Bee’s Knees coordinator, to commission the piece. 

“The only direction I gave was that I wanted the piece to reflect the various state symbols of Oklahoma,” said Sherrer. “I wanted it to be a painting that I could hang in my office and remember the people I am here to serve and protect. I could not be happier with the way it turned out. It is a beautiful piece that evokes a smile.”

Sherrer commissioned a work in 2011 that was a mixed-media piece painted on local newspapers depicting Oklahoma state symbols.  The 2013 piece also contains familiar state symbols but features a three-dimensional presentation in which the symbols appear to float above a field of brightly-colored puzzle pieces, symbolic of the puzzle of Autism. 

Sherrer is a graduate of Oklahoma Partners in Policymaking, a disability advocacy program, and serves on the House of Representatives Human Services Committee. He has also been appointed to the Governor’s Council on Developmental Disability.

USDOE: Schools Must Provide Equal Opportunity in Sports to Students with Disabilities

Today, the U.S. Department of Education's Office for Civil Rights issued guidance clarifying school districts' existing legal obligations to provide equal access to extracurricular athletic activities to students with disabilities. In addition to explaining those legal obligations, the guidance urges school districts to work with community organizations to increase athletic opportunities for students with disabilities, such as opportunities outside of the existing extracurricular athletic program.

Students with disabilities have the right, under Section 504 of the Rehabilitation Act, to an equal opportunity to participate in their schools' extracurricular activities. A 2010 report by the U.S. Government Accountability Office found that many students with disabilities are not afforded an equal opportunity to participate in athletics, and therefore may not have equitable access to the health and social benefits of athletic participation.

"Sports can provide invaluable lessons in discipline, selflessness, passion and courage, and this guidance will help schools ensure that students with disabilities have an equal opportunity to benefit from the life lessons they can learn on the playing field or on the court," said Education Secretary Arne Duncan.

The guidance letter provides examples of the types of reasonable modifications that schools may be required to make to existing policies, practices, or procedures for students with intellectual, developmental, physical, or any other type of disability. Examples of such modifications include:

• The allowance of a visual cue alongside a starter pistol to allow a student with a hearing impairment who is fast enough to qualify for the track team the opportunity to compete.
• The waiver of a rule requiring the "two-hand touch" finish in swim events so that a one-armed swimmer with the requisite ability can participate at swim meets.

The guidance also notes that the law does not require that a student with a disability be allowed to participate in any selective or competitive program offered by a school district, so long as the selection or competition criteria are not discriminatory.

"Participation in extracurricular athletics can be a critical part of a student's overall educational experience, said Seth Galanter, acting assistant secretary for the Office for Civil Rights (OCR). "Schools must ensure equal access to that rewarding experience for students with disabilities."

The mission of the Office for Civil Rights ("OCR") is to ensure equal access to education and to promote educational excellence throughout the nation through the vigorous enforcement of civil rights. Among the federal civil rights laws OCR is responsible for enforcing are Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendment Act of 1972; Section 504 of the Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act. For more information about the Department of Education's Office for Civil Rights and the anti-discrimination statutes that it enforces, please visit OCR's website at http://www2.ed.gov/about/offices/list/ocr/aboutocr.html and follow OCR on twitter @EDcivilrights.

Nelson Statement on Oklahoma Supreme Court Ruling on Lindsey Nicole Henry Scholarship

OKLAHOMA CITY – State Rep. Jason Nelson, R-Oklahoma City, issued the following statement regarding the Oklahoma Supreme Court ruling today that upheld the Lindsey Nicole Henry Scholarships for Students with Disabilities Program, reversing an earlier decision by a Tulsa district judge:

“The families who have been sued by the Jenks and Tulsa Union school districts for using the Lindsey Nicole Henry Scholarship program have even more reason to be thankful this Thanksgiving weekend. The decision by the Oklahoma Supreme Court validates what I and many other people have been saying since the lawsuit was filed – that the school districts lack standing and that their vindictive actions against these parents were without merit. I am grateful to the attorneys who have stood with these parents for their hard work and effective legal defense of the scholarship program.

“As recently as last week, I received an emotional e-mail from a parent who detailed how being able to use the scholarship has changed their child’s life for the better. I’ve never doubted that we were right on the law and it’s nice to have the confirmation of the Oklahoma Supreme Court. This is a program that saves the public school system money while benefiting children with special needs by giving them more educational options that meet their unique needs. Today’s ruling will allow these families to breathe a sigh of relief after months of uncertainty.”

Jenks and Union Schools Continue Vendetta Against Children with Special Needs (September 7, 2011)

AG Statement on Lindsey Nicole Henry Scholarship Decision

Attorney General Scott Pruitt

Oklahoma City - Attorney General Scott Pruitt today issued the following statement regarding the Oklahoma Supreme Court decision on the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act:

"From the beginning, we believed it was improper for these school districts to sue the parents of special needs children simply for following the law. We are pleased Oklahoma’s Supreme Court agreed, and ruled that these school districts lacked standing to make their claims against the children’s families. The Lindsey Nicole Henry Scholarship Act is the law and districts must follow the law." 

UPDATED: Community Services Initiative for Oklahomans with Intellectual and Developmental Disabilities Approved by DHS Commission

OKLAHOMA CITY -- The Human Services Commission voted 6-3 yesterday on a historic set of community service initiatives for people with intellectual and developmental disabilities supported by the agency’s Developmental Disabilities Services Division (DDSD).

During a special meeting, the Commission passed resolutions directing the two remaining state-run institutions for people with developmental disabilities, the Northern Oklahoma Resource Center in Enid (NORCE) and the Southern Oklahoma Resource Center in Pauls Valley (SORC), be closed over the next two years and the 231 residents transitioned into community homes. DDSD is currently providing services and support to more than 5,000 persons with all levels of developmental and physical disabilities to live in their own homes and communities, a proven best practice in providing care for people with disabilities. The Commission oversees DDSD.

Institutional v. Community Services FAQ

Wes Lane, Chairman
OKDHS Commission

“We realize this is an emotional decision involving change for the residents and their families as well as the employees of the facilities,” said Wes Lane, Chairman of the Human Services Commission. “We determined after studying this issue in depth for the better part of a year that this is the right decision at the right time. DDSD has spent the past 20 years developing a comprehensive community service system that provides care and support to the vast majority of people receiving services who have all levels of disabilities,” said Lane. “Community services offer more personalized care and a higher quality of life to individuals, making institutional care a thing of the past.”

Four state lawmakers said they were surprised and dismayed by the Commission’s decision to close both institutions.

The decision was surprising in that it ignored a proposal submitted by Commissioner Michael Peck to close just the Pauls Valley center and move its 123 residents to the Enid center, state Rep. John Enns, R-Enid, said.

“Ideally, we would have liked to see both stay open,” Enns said. “At the very least though, we thought the DHS commission would keep the Enid center.”

State Senator Patrick Anderson, Rep. Mike Jackson and Rep. Lisa Billy said the commissioners erred.

“I don’t support the closure of either center. I think the overall process was flawed and I was surprised by the decision,” said Jackson, R-Enid.

Both NORCE and SORC were established more than 100 years ago when that was the only option for providing care to people with intellectual and developmental disabilities. SORC was opened in 1907 and originally known as the “State Training School for White Boys,” and NORCE opened in 1909 as the “Oklahoma Institute for the Feeble Minded.” At the height of institutional care in Oklahoma, both facilities housed more than 1,000 residents.

In the 1960’s, another state-run institution was added, The Hissom Memorial Center in Sand Springs. Hissom was closed in 1994 when a group of parents filed a class action lawsuit demanding the state create community service options for their children. DDSD successfully transitioned more than 400 Hissom residents, many requiring 24-hour a day nursing care, into community homes. Long-term studies on the Hissom residents show they lead healthier, more active lives. Over the past 10 years, DDSD has successfully transitioned many residents of NORCE and SORC into community homes, typically closer to their families.

Governor Mary Fallin today praised the Oklahoma Human Services Commission for its vote to complete the state’s transition from institutional care to community services for Oklahomans with intellectual and developmental disabilities.

Gov. Mary Fallin

“The vast majority of Oklahomans currently receiving assistance through DDSD are doing so in communities,” Fallin said. “Community care offers more personalized planning and service delivery than institutional care. Additionally, outcomes for individuals in community settings have proven to be better than outcomes produced by institutional care. Completing the transition to community based services allows the state to focus its resources on the highest quality service options available.”

Today, SORC has 123 residents and NORCE has 108. Both facilities are in danger of losing their certification by the Department of Health if millions of dollars in capital improvements and repairs are not made to the aging facilities.

Because NORCE and SORC each operate large campuses built for much higher occupancy, both facilities have vacant and condemned buildings. These buildings, as well as the rest of the campus structures, require brick and mortar upkeep costs paid for with DHS and DDSD public funds.

These expenses divert money from direct services to individuals. Additionally, they contribute to a shortage of funds that has lead to a backlog of almost 7,000 individuals, currently on a waiting list, hoping to receive DDSD community services.

“We want to make sure that state tax dollars are used to actually help people with developmental disabilities, whether it’s through vocational training and placement, medical services or high quality staff support,” said Fallin. “Shifting our resources to community-based services will ensure that the greatest number of Oklahomans can get the highest quality of direct support, rather than spending tax dollars on the upkeep of large vacant buildings at the state’s two aging institutions.”

In studying this issue, Commissioners and the Governor have also visited homes in communities of people who once lived at one of the facilities, and have heard from parents and guardians of the residents, the public employees’ association, providers of community services, and national experts on transitioning people from institutions into community homes.

“The staff at NORCE and SORC have done a great service for the state, and they should be commended for their hard work and dedication,” Fallin said. “As the state shifts towards community based services, it’s our hope that many of these men and women continue their work in community settings.”

Lane echoed the Governor’s comments.

“We appreciate the dedication of all the staff at NORCE and SORC,” said Lane. “They have provided quality services to the residents and we hope they will continue to serve the residents as long as they are needed. As individuals move into the community, we hope many of the staff members choose to continue serving these individuals in community homes.”

In the resolutions passed today, the Commission pledged the agency’s support to families of NORCE and SORC throughout the transition process into community homes. It also directed that families and residents will not incur additional expenses as a result of their move.

“Every commission member understands the families’ concerns and we know that any change in living arrangements can be hard,” said Lane. “We emphasized today that we are committed to helping individuals and families make a smooth transition and that no one will be moved until all the necessary supports are in place. As we have seen with previous transitions of former NORCE and SORC residents, the families acknowledge their loved ones are better off and they have a much higher quality of life.”

Gov. Fallin reassured residents and families that the transition process would be done very carefully to protect the health and safety of the residents.

“We understand that for the men and women currently residing in NORCE and SORC, as well as their families, any transition or change in service can be difficult,” Fallin said. “It’s important for those individuals to realize, however, that we are transitioning them to community services that are more versatile and can offer them more personalized and flexible options as well as a higher quality of life. The state is absolutely committed to helping them make this transition go as smoothly as possible. It should also be clear to everyone that no one will transition out of institutional care until they locate, with the help of DDSD, a high quality community services option to address their individual needs and preferences. No one’s services will be cut off.”

Additional concerns for the commission are the nearly 7,000 families caring for loved ones at home who are on a waiting list for DDSD community services.  The waiting list continues to grow because of a shortage of funding for services.

“Many of these families who are waiting for services are caring for loved ones who have the same levels of need as the residents of NORCE and SORC, and these families are doing this on their own without any help from the state.” said Lane. “We could not, in good conscience, request an appropriation of $30 to $40 million state dollars to spend on capital improvements for buildings when funds are needed to help these families who are waiting and struggling. That is why we asked the Governor to create a new panel to develop a comprehensive plan for supporting people with developmental disabilities and their parents and families, and for addressing Oklahoma’s growing waiting list for home and community based services.”

DDSD will communicate with the parents and guardians of current residents shortly to provide information and begin the initial planning stages.

The DHS Human Resources staff and Office of Management and Enterprise Services Human Capital Management Division are ready and available to work with employees of NORCE and SORC.

Finally, the commission asks Governor Fallin to convene a panel of parents, professionals and state agency representatives to develop a comprehensive plan to support individuals with developmental disabilities and their families, as well as to address the state’s growing waiting list.

Fallin said she will take the commission’s advice and create a blue ribbon panel to develop future support plans for developmental disabilities services in Oklahoma.

“I accept the recommendation of the commission to create a new panel to explore comprehensive delivery of high quality services to Oklahomans with developmental disabilities,” Fallin said. “We expect recommendations of the panel to help us with this transition and to set the stage for further improvements in the future.”

This meeting also marked the first day on the job for new DHS Director Ed Lake, a former assistant commissioner of the Tennessee Department of Human Services.

“Although I am new to Oklahoma, I have already voiced my support for community services in lieu of institutional care for people with developmental disabilities,” said Lake. “I have been in contact with the Commission and the Governor’s office recently as they have worked up to making this decision and I am impressed with the amount of time they have all invested into this issue. I am reassured this was a well thought out and caring approach to a very difficult and emotional decision. I fully support the actions the Commission has taken and pledge my commitment to the families and residents for safe and smooth transitions.”

(Originally posted Nov. 1, 2012; updated Nov. 2)