Rep. Nelson Praises Lindsey Nicole Henry Scholarship Ruling

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

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

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

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

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)

Governor Signs Special Needs Scholarship Modifications

Changes Will End Continued Defiance by Rogue Districts

Gov. Mary Fallin has signed legislation modifying the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to ensure children with special needs receive scholarships in a prompt manner.

House Bill 1744 by State Rep. Jason Nelson (R-Oklahoma City) and State Sen. Patrick Anderson (R-Enid) changes the law so school districts will no longer administer the program. Instead, the Department of Education will administer it.

“Last year, several school districts failed to provide scholarships to eligible special needs students, flagrantly violating the law,” said Nelson. “Thanks to the modifications in this bill, the State Department of Education will administer the program rather than local school districts. This will provide consistency and certainty for students and parents who choose to participate in the program.”

Last year, lawmakers voted allow a student with a disability (such as those with Down syndrome or Autism) who has an individualized education program (IEP) to receive state-funded scholarships to attend a private school. The scholarships come from the amount of money already designated for the education of those children.

After the program went into effect last August, several Tulsa-area schools voted to break the law, leading lawmakers to adjust the program this year.

The Department of Education will have the authority to reduce state aid to school districts that have failed to comply with provisions of the program since it went into effect nine months ago this week. This will allow the Department of Education to pay scholarships for the current school year if it is determined that a local district has failed to follow the law.

“I’ve been stunned by the contempt some school districts have shown toward the law and these children,” Nelson said. “I’m told by parents that some local districts, in addition to ignoring the new law, are attempting to ignore existing transfer laws in order to deny scholarships to eligible students and have resorted to telling parents that the scholarships are taxable, hoping that will keep them from participating in the program. House Bill 1744 will ensure rogue officials don’t continue to cause problems for these students and their parents.”

Earlier this year State Superintendent Janet Barresi was forced to send a letter to the superintendent of Union Public Schools informing her that a new transfer policy passed by the school board was in conflict with existing student transfer laws.

There is a pending request for an opinion from Attorney General Scott Pruitt to determine if scholarships are taxable as income. However, opinions from other attorneys state that the scholarships are not taxable including one from an attorney with a law firm that represents several school districts.

House Bill 1744 clarifies that parents can use the scholarships to pay private schools for assessment fees, services and therapies to address the needs of the student. Upon acceptance of the scholarship, parents assume full financial responsibility for the education of the student and transportation to and from the private school.

The measure instructs the Department of Education to establish a toll-free number and website where parents can get information and assistance.

According to the State Department of Education 52 students from 18 school districts are currently using the scholarship to attend a private school of their choice.

The legislation also creates a Special Education Statewide Cooperative Task Force to study ways to improve special education and related services.

House Bill 1744 easily passed both chambers of the Legislature, receiving bipartisan support. The bill passed the Oklahoma House of Representatives 64-25 and passed the State Senate 36-9.

Link to interview

Task Force to Study Special Education, Propose Statewide Plan

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

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

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

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

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

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

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

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

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

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

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

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

Parents of Disabled Children Sue Tulsa School Districts For Denying State-Mandated Scholarships

This week, parents of thirteen special needs children filed suit in Tulsa federal district court against four public school districts in the Tulsa area that have denied the children state-mandated scholarships that will help them get specialized education.
The lawsuit, entitled Kimery v. Broken Arrow Public Schools, challenges the decision by Broken Arrow, Jenks, Tulsa, and Union school districts to defy Oklahoma's Lindsey Nicole Henry Scholarship for Students with Disabilities Program Act (commonly known as “H.B. 3393”). The Act guarantees parents of children with special needs a scholarship that enables them to send their children to private schools that can tailor instruction to those needs.

The disabled children in the lawsuit suffer from several different disabilities, including autism, Asperger's syndrome (a disorder on the autism spectrum), sensory processing disorders, significant learning disabilities, and many other disorders and disabilities. All of the children were suffering academically in public school. And most of the children have been bullied severely by other children in the public school population. One student was beaten with nunchucks while in public school. Another cried himself to sleep nearly every night due to constant bullying. In some cases the children have been merely “warehoused” by the school districts rather than receiving instruction.

The school districts claim that the scholarships law violates parts of the Oklahoma Constitution, but they have also frequently expressed concerns about losing the additional state funding that follows special needs children. The school districts are the only school districts out of 541 statewide that announced that they would not comply with state law. After being pressured by the state’s Attorney General, the districts changed their position, stating that they would comply with the law and would instead seek a declaratory judgment regarding the constitutionality of the law. But that never happened. Instead, the parents in the lawsuit allege, the districts retaliated against them for seeking scholarships by reducing their awards and significantly complicating their attempts to claim those benefits.

Eric Rassbach, the Becket Fund’s National Litigation Director, said “These school districts put the ‘heartless’ in ‘heartless bureaucrat.’ What kind of public servant holds special needs kids hostage to shore up the school district budget? Are these children supposed to be bullied every day so Jenks Public Schools can hold on to a few extra dollars?” Indeed, these special needs students have been in limbo for nearly four months since the school district announced that they would try to comply with state law. Their on going eligibility for program benefits–the source of their educational resources–has been in doubt.

Some of the provisions relied on by the school districts are the notorious Blaine Amendments. Blaine Amendments are state constitutional provisions enacted in forty states during the late nineteenth century and early twentieth century that were designed to thwart the growth of the developing Catholic community in the United States. Today, the Blaine Amendments are interpreted to prohibit all sorts of funding to religious individuals and institutions solely on the basis of their religious identity.

Meir Katz, a Legal Fellow at the Becket Fund and national expert on the Blaine Amendments, said, “These school districts have taken a bigoted law originally designed to punish Catholics and are now using it to punish some of Oklahoma's most vulnerable students.” “What's ironic is that most of these students aren't even trying to attend a religious school. The Blaine Amendments have become a license for governmental abuse; it is about time that the abuse be brought to an end,” he added.

Governor Fallin Signs Bill to Authorize “Most Wanted” List for Delinquent Parents

Governor Mary Fallin

Governor Mary Fallin today signed into law a bill that authorizes the Department of Human Services to release a “Most Wanted” list of delinquent or missing parents who owe child support.

Senate Bill 576 was authored by Rep. Jason Nelson and Sen. Patrick Anderson.

SB 576 creates a new tool for DHS to find these parents when traditional means have been exhausted. The “Most Wanted” lists may include a delinquent parent’s name, photograph, last known address and amount of child support owed.

“This bill will help DHS leverage community assistance to locate absentee parents and ensure they are fulfilling their obligation to their children,” Fallin said. “No one should be able to avoid child support payments by running off or disappearing and this bill will help to ensure they cannot.”

Sen. Anderson to Speak at National Summit on Education Reform

An Oklahoma law to ensure greater opportunities for special needs students is gaining national attention. Enid Republican Patrick Anderson was the Senate author of legislation approved this past session to enable public dollars to fund private educational opportunities for special needs children from single parent and lower income households.

On December 1, Anderson will be in Washington D.C. to speak at a national conference about the Lindsey Nicole Henry Scholarship, named for the infant daughter of Gov. Brad and First Lady Kim Henry who died from a rare neuromuscular disease.

“Oklahoma’s legislation will be highlighted as a way of ensuring all students, including those with special needs, have the best education possible,” Anderson said. “The fact that this legislation is in the national spotlight shows we’re on to something. The bottom line is ensuring special needs students can take advantage of programs that best suit their specific needs, whether they are in a public or private school setting.”

Other participants in the Foundation For Excellence In Education’s third annual National Summit on Education Reform include former Gov. Jeb Bush of Florida; former Gov. Bob Wise of West Virginia; New Jersey Gov. Chris Christie; U.S. Department of Education Sec. Arne Duncan; and Sir Michael Barber, former education advisor to English Prime Minister Tony Blair.

“This is a very prestigious gathering of leaders in education, government and business who are dedicated to giving America’s children the very best educational opportunities possible,” Anderson said. “I’m honored to be able to share what we’re doing here in Oklahoma to achieve that goal and learn more about what other states are doing as well.”

Sen. Patrick Anderson sends letter with friendly advice on HB 3393 to Tulsa School Board

Dear Tulsa School Board Members:

My name is Patrick Anderson and I am the Senate author of HB 3393 – the scholarship bill for children with special needs. I am also an attorney and serve as chairman of the Senate Judiciary Committee.

Under our legal systems, all laws are presumed to be constitutional until and unless a Court declares them to be unconstitutional. Therefore, I am troubled by the fact that the law firm that is representing you is advising you to violate the law rather than directly challenging it in Court. The proper way to challenge HB 3393 is to file an action seeking a declaratory judgment on whether the law is constitutional or not. I am attaching to this letter the transcript of the October 14, 2010, Channel 6 interview of Tulsa Attorney Bill Wilkinson on this issue. Mr. Wilkinson apparently represents other school districts and doesn’t like the scholarship law either – but he thinks that violating the law is the wrong way to handle this situation.

I am also concerned about the fact that your Superintendent’s son, Matt Ballard, is an attorney with the law firm that is urging you to violate the law. I am concerned that this personal relationship creates a conflict of interest which may be clouding the judgment of the people that are asking you to vote to violate this law.

I recognize that there are many different views on HB 3393. It was not an issue that we took lightly in the legislature. We spent hours meeting with attorneys, superintendents, and officials from the State Department of Education on the issue. We revised the legislation to meet the concerns they raised. Furthermore, we won the approval of Governor Henry – who is an attorney and a strong advocate for public schools. The Governor and his wife were in such support of the measure that they agreed to allow the scholarships to be named after their deceased child. I only share this part of the story to clear up the rumors that have been spread that we named it after his daughter without his consent – that simply is not true.

This scholarship program was created using the State of Florida’s McKay Scholarships as a model. If you have not heard of the McKay scholarships then I would urge you to go to the Florida Department of Education’s website and read about their success. Or simply call the Florida Department of Education and speak to them about it – that is what I did when I was asked to carry this bill. The success of the Florida program has been phenomenal. When it began 10 years ago, special needs students in Oklahoma were outperforming Florida special needs students on test scores. Since that time, test scores for Florida special needs students (both in public and private schools) have soared past Oklahoma special needs students. So why has there been such success in Florida? The answer is that as a result of these scholarships, class sizes in public schools were reduced and private schools specializing in special needs students increased. In addition to Florida, Georgia, Ohio, Arizona and Utah have also established similar scholarship programs as well.

Reasonable minds can differ and I can certainly understand questions being raised about the constitutionality of the measure. However, I certainly believe that the scholarship program is constitutional. These programs have existed for years in other states – it is just new to Oklahoma. The simplest analogy I can give you to explain why it is constitutional is to compare these scholarships with the State Medicaid program. Both programs involve State tax dollars. The State routinely makes Medicaid payments to religious affiliated hospitals such as St. John’s in Tulsa and other private facilities such as nursing homes. How can we legally spend these State tax dollars on religious hospitals and private entities? The answer is because the money is being spent on the patient – not the religious/private institution. Likewise, these scholarships are being spent on the students – not the religious/private institution. Nor are these scholarships gifts. A gift would be something that comes with no restrictions. That is not the case with these scholarships. In order to qualify for these scholarships, the student and the private institution must meet certain continuing requirements. If they do not meet those requirements then they are not entitled to the scholarship.

I would urge you to ask a lot of questions about the advice you are being given in this matter before you vote to violate the law. Perhaps you should consider seeking a second opinion.

Sincerely,

PATRICK ANDERSON
State Senator

Sen. Anderson compares Jenks, Broken Arrow school boards to Gov. George Wallace

In a guest column in today's edition of the Sunday Oklahoman State Sen. Patrick Anderson compares the Jenks and Broken Arrow school boards to former Alabama Gov. George Wallace.

Sen. Anderson is the principal Senate author of House Bill 3393 and was key to securing its passage during the 2010 legislative session.

In the column Anderson writes, "In 1963, Alabama Gov. George Wallace made his infamous 'stand in the school house door' where he blocked black students from the right to enroll in the University of Alabama. Wallace was attempting to ignore the laws with which he disagreed by claiming they were unconstitutional ... ."

Read more: http://www.newsok.com/school-boards-display-callous-disregard-for-state-law/article/3502640?custom_click=headlines_widget#ixzz11yt0eW8m

Supporters praised Gov. Brad Henry today for signing HB 3393 providing special-needs scholarships

Supporters praised Gov. Brad Henry today for signing a bill providing scholarships to special needs students.

“This is a great day for Oklahoma families with special needs children,” said state Rep. Jason Nelson, R-Oklahoma City. “For those families, this bill is a chance at a better education and a better life.”

House Bill 3393, by Nelson and state Sen. Patrick Anderson, would allow students with disabilities who have an individualized education program (IEP) to qualify for a scholarship to attend any public or private school that meets the accreditation requirements of the State Board of Education.

The legislation had strong support from many families of children with autism.

The legislation has been named the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to honor the memory of the governor’s daughter, who died of a rare neuromuscular disease as an infant.

“We are very honored that Governor and Mrs. Henry have allowed us to name this important piece of legislation after their daughter who passed away at seven months of age,” said Wanda Felty, parent of a child with multiple disabilities. “The simple fact is there is often an unspoken bond among parents of special needs children, and although Lindsey Nicole’s life was short, she helped shape the type of people the Henrys are. We appreciate their compassion and understanding of our plight, and we certainly appreciate the Governor’s support of this bill.”

“We want to make it clear, neither the Governor, nor his wife, nor his staff nor anyone connected to him asked for this change. Instead it was suggested to him as a way to honor the memory of his daughter and let it be known for generations to come that she, and her parents, are helping to improve the lives of special needs children across the state,” said state House Speaker Pro Tempore Kris Steele, R-Shawnee. “Especially given that this program was passed in the waning days of the last legislative session of Governor Henry’s tenure, we think this action is both appropriate and warranted. We are pleased that Representative Nelson agreed to amend his Conference Committee Report to include this change.”

Lindsey Nicole was the twin of the Henrys’ oldest daughter, Leah. Lindsey died at seven months of age due to complications from a rare genetic disorder.

The scholarship program created through House Bill 3393 would not require new spending, but would merely redirect existing state funds that are currently spent on the student.

Other states with similar laws include Florida, Georgia, Utah, Ohio and Arizona. The Florida program has been in place since 1999 and now serves approximately 20,000 students with special needs. House Bill 3393 closely mirrors the Florida and Georgia laws.

“Having visited with many families of special-needs students, I know how important this legislation is to ensuring they are able to provide the best future possible for their children,” said Nelson, R-Oklahoma City. “It is only fitting that we honor the Henrys and Lindsey Nicole as part of this process to show that even the worst moments of our lives can have positive repercussions. I appreciate the governor’s support and this opportunity to honor his daughter.”