Nelson Files Changes to Special Needs Scholarship Law

Today state Rep. Jason Nelson filed amendments to the Lindsey Nicole Henry Scholarships for Student with Disabilities Program Act. Nelson filed House Bill 1744, which makes changes to the program created last year by House Bill 3393.

            

The amendments expand school choice options for special-needs students and provide increased accountability. The most significant change is placing the State Department of Education, rather than school districts, in charge of the scholarship program.

           

“Clearly, having the school districts involved won’t work,” said Nelson, R-Oklahoma City. “The program is very simple – maybe that is the problem. Almost since I introduced House Bill 3393 last year some school districts have chosen to make this a nightmare for everybody involved. Placing the State Department of Education in charge of administering the law should solve the problems created by these districts.”

            

Among other things, House Bill 1744

• places the State Department of Education in charge of administering the program rather than school districts,
• provides the additional option of easier transfer between public schools,
• clarifies that the parents of a student using the scholarship are solely responsible for the education of their child,
• clarifies that children of members of the United States Armed Forces who transfer into Oklahoma from out of state are exempt from the requirement that they had to attend public school in Oklahoma the previous year,
• requires the State Department of Education to establish a hotline and website to provide information to parents and schools about the program, and
• includes several provisions to increase accountability

            

“I can assure you that the amendment language I’ve introduced today is not the final draft of the bill,” Nelson said. “I held two interim studies this summer when the law went into effect to listen to ideas to make the program better, and I will continue to listen as the bill move through the legislative process.

            

“It is important that we continue to improve this program. I’ve visited with so many parents who tell me that this program has changed their child’s life for the better. It is rewarding to know that this program helps these kids while protecting public schools.”

           

 House Bill 1744 can receive a hearing soon after the Oklahoma Legislature convenes in session on Feb. 7.

Tulsa News on 6 story by Ashli Sims on AG letter to rogue school districts

AG Scott Pruitt gives defiant schools a warning, deadline

I issued the following statement today after Attorney General Scott Pruitt threatened legal action against schools that disobey the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act, which provides scholarships to students with special needs. The AG letter (attached) went to the Broken Arrow, Jenks, Union and Liberty schools.

“I think that the remaining school boards have had more than enough time to change their position in favor of the law and clearly Attorney General Pruitt thinks so, too.

“It was the stated intention of the school boards to end up in court over House Bill 3393. Judging from the letter from Attorney General Pruitt, it appears that these board members and their superintendents may get their wish – but for a much different reason than they anticipated.

“I'm hopeful that the four school boards that are currently in noncompliance will revisit their position soon and follow the Tulsa, Owasso and Bixby school boards in reversing the votes they cast last fall. If they do not, I fully support the Attorney General pursuing legal action against the school board members and superintendents to the fullest extent of the law.

“This is good news for those parents whose hopes of using the scholarships to place their children in other schools were dashed last fall.”

State Superintendent Janet Barresi today issued the following statement:

"Over the past several weeks, I have urged the school districts defying state law to reverse their positions. Attorney General Pruitt and I have consulted on this serious matter.

I am pleased that Attorney General Pruitt has now weighed in and taken this action today, bringing the full weight of state authority to bear in this matter.

The school districts that have acted in defiance of state law have now been given the chance to do the right thing. They should take immediate action to reverse their positions, and I urge them to move forward quickly."

Here is a scanned copy of the letter from Attorney General Scott Pruitt.

 

Tulsa school board voted this evening to process all future Henry Scholarships

The Tulsa School Board voted unanimously this evening to process all future Lindsey Nicole Henry Scholarship applications.

This is good news for those parents whose hopes of placing their children in other schools using the scholarship were dashed last fall when the board voted to only process the first six applications. The board made the right decision this evening.

I look forward to working with superintendents and board members that are willing to sit down and discuss the concerns they have with the scholarship program in a rational way.

I will be filing legislation later this week in an effort to improve the law. I'm sure there will be things included in the bill that will make some people happy and some people mad but it will serve as a starting point for, hopefully, a sincere, constructive discussion over the next four months of the legislative session.

Location:E 31st St,Tulsa,United States

Money, philosophical disdain for program leads district officials to ignore law

Assistant Attorney General says schools don't have the authority to determine constitutionality, ignore laws


School districts in the Tulsa area that are refusing to implement a new state law continue to cite senseless arguments as the basis for their actions. 


Monday, a Tulsa World story by reporter Kim Archer shows that district officials continue to ignore their legal obligations because of their philosophical disdain for the new program - not because of constitutional concerns. The Tulsa World story quotes Jenks Superintendent Kirby Lehman and Union Superintendent Cathy Burden:

"Which is more important, the (state) Constitution or recently enacted laws?" Jenks Superintendent Kirby Lehman said in a written statement. "That is the dilemma currently faced by school board members and other school officials in Oklahoma."

"We are convinced that it is more ethical and responsible to follow the laws already in place," Union Superintendent Cathy Burden said. 

One of the more troubling arguments against the law is that "school systems may resist placing students on federal individualized education programs" to keep them from qualifying for the scholarship so the district can keep the money.

This absurd refrain from these school boards and their superintendents that the law is unconstitutional and therefore they are faced with a dilemma - follow the law or follow the state Constitution - has been so completely refuted that you begin to wonder about their competence. 


The Tulsa School Board will reconsider their vote to ignore state law this Tuesday. If Tulsa votes to implement the program they will join Owasso and Bixby who reversed their earlier votes to ignore state law. A plan to consider moving the administration of the program to the state Department of Education this legislative session is the stated reason for their willingness to now do their job. 


But no matter what changes are made some will not be satisfied until special-needs students and their parents lose the opportunity that this program provides.

Burden said the proposed amendment still wouldn't solve the problem. 

"It is unconstitutional in the state of Oklahoma to send public dollars to a parochial school," she said.

Superintendent Burden will certainly be surprised to learn that public schools have for years paid to place some students that are on Individualized Education Programs in private schools - including religious schools. The main difference is that in the past it was at the discretion of the school district. With HB 3393 parents have the opportunity to decide.

In an October 11, 2010 post on this blog I explained that House Bill 3393 is constitutional based on well-established case law. 

"It is well established case law that a legislative act is presumed to be constitutional and will be upheld unless it is clearly, palpably and plainly inconsistent with the Constitution. The Oklahoma Supreme Court has consistently held that statutes should be construed whenever possible so as to uphold their constitutionality. There is no indication that the provisions of HB 3393 are plainly inconsistent with the Constitution. While the specific provisions of HB 3393 have not yet been reviewed by any court, other scholarship programs that were 'neutral' or 'of direct benefit to students' have been upheld by the Supreme Court and other courts."

This legal fact is echoed in a letter from Assistant Attorney General Gay Tudor dated November 23, 2010 to state Department of Education General Counsel Kay Harley . The letter begins by explaining that it was written because Ms. Harley had asked for legal advice about how the state Department of Education should respond to the actions of the Tulsa area school boards that have "voted not to participate in the Program, thus depriving eligible parents in those districts of the statutorily-granted option to receive certain benefits under the Program." The letter goes on:

"You state, based on news accounts, that the boards' stated reasons for non-compliance with the statutes are concerns for the statute's constitutionality in several respects. This letter does not address the constitutionality of the statutes. Rather, we explore whether a public entity may legally refuse to comply with State law based on a unilateral determination that the law is unconstitutional."

The letter from Assistant Attorney General Gay Tudor next addresses the argument of these school boards that the law is unconstitutional. 

"First, Oklahoma's Supreme Court has enunciated the well-established principle that a statute is presumed constitutional. 'A heavy burden is cast on those challenging a legislative enactment to show its unconstitutionality and every presumption is to be indulged in favor of the constitutionality of a statute.' Fent v. Okla. Capitol Imp. Auth., 984 P.2d 200, 204(Okla.1999)(citation omitted)."

The letter from Ms. Tudor then turns to the actions of the school boards in question to unilaterally determine that the program is unconstitutional and refuse to implement the law. 

"In light of this presumption in favor of the statute, the next question is which branch of our scheme of government has authority to make a determination regarding the constitutionality of a legislative act. According to the Oklahoma Supreme Court, 'The Court alone has the power to authoritatively determine the validity or invalidity of a statute.' York v. Turpen, 681 P.2d 763, 767(Okla. 1984)(citation omitted). Citing the doctrine of separation of powers, the Court determined that to make an opinion of the Attorney General as to the unconstitutionality of a statute 'binding upon state officers prior to judicial intervention is an unwarranted encroachment on the power of the legislature to determine policy. . .'. Id. It follows that the board of a school district lacks authority to make that determination."

The letter makes it clear that it is the responsibility of a school board to obey the law even under the current circumstances.

"Disagreement with the legislative policy or concerns over the statute's validity do not relieve any public employee or official of their responsibility absent a determination from the court."

So the questions remain, why do these school boards and superintendents believe they are above the law? Why are members of only five school boards out of more than 500 choosing to violate the law and their oath? What are these school boards doing to improve special education in their district so that parents and students don't want to leave? Why did the boards wait until after the law was in effect and after many parents had already transferred before voting to ignore the law? 


Their stated reason for ignoring the law and their oath simply doesn't make sense in light of the facts.

Are Lindsey Nicole Henry Scholarships taxable as income?

Tulsa Public Schools has reportedly told the parents of six students that the Lindsey Nicole Henry Scholarships are taxable as income. The six students' scholarship requests were processed last October as part of a limited group approved by the school board.

This effort to confuse and raise doubts about the program in the minds of parents is not new. This specter was raised during the debate on House Bill 3393 during the 2010 legislative session. 

It seems parents were led to believe that the Lindsey Nicole Henry Scholarship Program is a Qualified State Tuition Program - which are 529 college savings accounts. Lindsey's Law is not a 529 college savings account.

To my knowledge the IRS has not considered any scholarships from programs similar to Lindsey's Law to be taxable. And there are currently a number of scholarship programs around the country - some have been in place for more than a decade. Oklahoma was the sixth state to pass a special-needs scholarship program into law. 

Here is some information that was provided to me as I researched House Bill 3393 last spring. I'm passing it along as general information - not as tax advice. 

Tax-Free Scholarships and Fellowships

A scholarship or fellowship is tax free only if:

· You are a candidate for a degree at an eligible educational institution, and

· You use the scholarship or fellowship to pay qualified education expenses.

Candidate for a degree.   You are a candidate for a degree if you: 

1.  Attend a primary or secondary school or are pursuing a degree at a college or university, or

2.  Attend an accredited educational institution that is authorized to provide:

a.  A program that is acceptable for full credit toward a bachelor's or higher degree, or

b.  A program of training to prepare students for gainful employment in a recognized occupation.

Eligible educational institution.   An eligible educational institution is one that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities.

Qualified education expenses.   For purposes of tax-free scholarships and fellowships, these are expenses for:

· Tuition and fees required to enroll at or attend an eligible educational institution, and

· Course-related expenses, such as fees, books, supplies, and equipment that are required for the courses at the eligible educational institution. These items must be required of all students in your course of instruction.

You will find this information in IRS Publication 970 on the IRS website.

This should clarify any confusion created by school officials comparing Lindsey's Law to a Qualified State Tuition Program - 529 college savings accounts (see IRS Publication 525).  

See also: http://www.irs.gov/individuals/students/article/0,,id=96674,00.html.

I encourage parents to read the IRS information, draw your own conclusions, and consult a tax attorney for tax advice on your specific situation. 

I am not a tax attorney, but I can read. After reading information from the IRS, it is clear to me that K-12 tuition scholarships are not taxable regardless of what parents may have been told. 

Legislator’s Office to Serve as Marrow Registry Site

OKLAHOMA CITY (January 12, 2011) – State Rep. Mike Shelton announced today that his state Capitol office is now equipped to register individuals to the national Be The Match bone marrow registry.

“People are dying right now,


because there aren’t enough registered donors,” Shelton, D-Oklahoma City, said. “This has become a ministry of sorts for me, a passion to encourage people to get on the registry and follow through on their donation if they are called to donate.”

Audrey Womack, marrow donation coordinator for the Oklahoma Blood Institute, said Shelton’s office now has the forms and DNA swabs on hand to register donors.

“There’s an urgent need for diverse populations to register and its important that people know how much the donation process has changed,” Womack said.

Shelton said that when he was called to donate marrow, he was suprised to find that the procedure has become simpler.

“Technology has changed so much that donating marrow is literally like donating blood,” Shelton said. “They have isolated the stem cell that creates marrow, so they don’t have to take marrow directly in many occasions. In my case, they drew my blood.”

Shelton was able to give a 31-year-old Arizona woman suffering from Hodgkin’s lymphoma the marrow she desperately needed to recover.

According to the bone marrow donation organization, Be The Match, more than 10,000 patients are diagnosed with life-threatening diseases such as leukemia or lymphoma in the U.S. each year. Approximately 70 percent of those patients do not have a matching donor in their family.

The statistics are even grimmer for African-Americans, Hispanics, Native Americans, and Asian Americans. For example, while there are more than 6 million white bone marrow donors, there are only 600,000 African-American donors available.

“Bone marrow is unfortunately race-specific, which means we need to have all races well-represented on the registry,” Shelton said. “Unfortunately, right now that is not the case.”

Contact: State Rep. Mike Shelton at (405) 557-7367

UPDATED: Reader version of HB3393 for parents

This post contains a more readable version (ok, only slightly more readable) of the parts of the bill that are relevant to parents.

THE READER VERSION OF HB3393 (Updated Jan. 10, 2011; Original version posted June 7, 2010)

This act shall be known and may be cited as the "Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act".

The Lindsey Nicole Henry Scholarships for Students with Disabilities Program is established to provide a scholarship to a private school of choice for students with disabilities for whom an individualized education program (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA) has been developed. Scholarships shall be awarded beginning August 26, 2010, when the law becomes effective, for the 2010-2011 school year.

The parent or legal guardian of a public school student with a disability may exercise their parental option and request to have a Lindsey Nicole Henry Scholarship awarded for the child to enroll in and attend a private.

Governor Mary Fallin’s Inaugural Address

Here are a few of the highlights of Governor Mary Fallin's Inaugural Address. Click the headline to read the enrire speech.

"... today we inaugurate the first female Governor in Oklahoma, ..."

"The most treasured words in our nation’s Constitution are the first three, 'We the people.'    For those of us who are elected to public office, we must never lose sight of the indisputable fact that we serve at the pleasure of the people and for the benefit of the people."

"We are elected to solve problems, not create them..."

"It is time to ask the probing questions, the “why” questions – why have we done it like this for years and why can’t we consider a different approach – a new approach – a modern approach."

"Indeed, in Oklahoma what we need are more jobs, not more taxes – let me add – more private sector jobs."

"... we must make improvements in our regulatory environment, tort reform and our workers compensation system, so that employers can create more jobs rather than dealing with red tape and government bureaucracy."

"... tax incentives that produce jobs…stay; Incentives that do not produce jobs… go."

"We cannot fall short in ... reforming education, because the price is too high."

Click the headline to read the entire speech.

Tulsa World Q&A with Superintendent-elect Barresi

Tulsa World reporter Andrea Eger visits with Superintendent-elect Janet Barresi about several issues including school choice and what's next on HB 3393.

Q: Will you recommend that the state Board of Education take any action against the Tulsa-area school districts that have yet to comply with House Bill 3393, the Lindsey Nicole Henry Scholarships for Students with Disabilities?

A: I am very disappointed in the rash way in which they proceeded on this, and in the strongest terms possible I am going to first urge them to reverse their positions. I will be communicating with Attorney General (-elect Scott) Pruitt to explore any type of remedies I have through the state Board of Education or that the attorney general can take in this matter.

Q: In the future, would you support any expansion of the scholarships or even vouchers for students who don't have special needs?

A: I have always been a supporter of competition in schools and choice for parents. I will continue to support that as long as good policy is developed with an eye toward creating new and varied opportunities for students that has a strong, strong accountability component to it.

See the entire story at http://www.tulsaworld.com/news/article.aspx?subjectid=332&articleid=20110109_19_A15_CUTLIN302079

Location:NW 58th St,Oklahoma City,United States

Speaker Steele Appoints Judicial Nominating Commission Member

OKLAHOMA CITY – House Speaker Kris Steele today named David K. Hill, chief executive officer of Kimray, as his appointee on the Judicial Nominating Commission.

“In November, the citizens of Oklahoma voted to change the membership of the Judicial Nominating Commission to include individuals with broad-based knowledge and experience,” said Steele, R-Shawnee. “David Hill is a proven leader in business, education and government. He clearly has the qualities needed to thoroughly vet nominees for judicial vacancies. I am confident he will serve the state of Oklahoma well and I appreciate his willingness to take on this important duty.”

The Judicial Nominating Commission reviews candidates for judicial vacancies and submits a list of nominees to the governor, who makes the final selection.

Hill is an OSU alumnus and has a degree in International Business from the Advanced Training Institute in Chicago, Ill. He has been with Kimray since 1993.

Hill previously served for six years on the Oklahoma Employment Security Commission, starting in 1998.

In 2004, Hill and his wife Shannon founded Providence Hall, a private school providing classical Christian education to the north Oklahoma City metropolitan area. In addition, Hill is a founding board member of the Oklahoma City Memorial Marathon. He and his wife have been married 17 years and have six children.

Location:N Lincoln Blvd,Oklahoma City,United States

Sen. Jolley Comments on Supreme Court Ruling

Yesterday, the Supreme Court, in a 6-1 decision, refused to grant Sen. Clark Jolley’s request to stop the proceeding of an appointment of a Supreme Court Justice to replace deceased Justice Marian Opala. Jolley had sought the Court’s assistance in slowing down the nominating process, which has been rushed for political purposes instead of being properly done under the newly reconstituted Judicial Nominating Commission as approved overwhelmingly by voters in November.

“I’m disappointed the court denied my request for a stay, but it is not a surprise,” said Jolley, R-Edmond. “I am hopeful that the court will see the merits of our arguments in the case and remedy this flawed process in their final decision. The will of the people is too important to dismiss so easily.”

Location:NW 58th St,Oklahoma City,United States

Tulsa Beacon list 2010 top stories, Tulsa area school boards' misbehavior listed

The Tulsa Beacon has posted a list of some of the top 2010 news events. Among the many stories is the refusal of several Tulsa area school boards to implement House Bill 3393.

Jenks, Union, Bixby and Broken Arrow Public Schools, some of the states’ largest school districts, are refusing to implement a new scholarship law designed to benefit students with disabilities. House Bill 3393 created the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act during the 2010 legislative session. Under the new law, children with disabilities who have an individualized education program (IEP) qualify for a scholarship to attend any private school that meets the accreditation requirements of the State Board of Education. The law went into effect August 27.

.Location:NW 58th St,Oklahoma City,United States

OkieWomen Blog lists top legislative items

The OkieWomen Blog has posted a list of legislative issues that are slated to be considered this session that are of special interest to women.

The adoption reform effort I've been a part of for the last three years is among the issues listed.

Possible 2011 Legislative Topics

Adoption - (Not currently above reproach) A legislative task force in 2010 looked at need for more regulation. Maybe require agencies and attorneys to report private adoptions (now only those through DHS are tracked). Co-chair of task force Rep Jason Nelson.

Bullying - An interim study has been looking at ways to reduce bulling in public schools. According to Rep Anastasia Pittman there were 259 cases of bullying that resulted in physical injury in Oklahoma public schools last year and another 10,537 cases that didn’t result in injury. School districts had 1, 431 cases of bullying where the victim was a teacher or staff member at the school. Speakers at a recent public meeting on bullying included Jessica Hawkins (Oklahoma Department of Mental Health and Substance Abuse Treatment), Carey Hinchey (Heart of a Champion), Martina Hawkins (Choctaw Nation Healthy Lifestyles) and Kirk Smalley, father of Ty Fields, an 11-year old Oklahoman who committed suicide after being bullied in school.

Child Welfare ....

See all legislative topics listed at OkieWomen

The OkieWoman Blog is maintained by Jean Warner of Oklahoma City. Warner promotes projects that empower women and girls in Oklahoma.

Location:NE 23rd St,Oklahoma City,United States

Governor-elect Mary Fallin Names Glenn Coffee as Secretary of State

OKLAHOMA CITY – Governor-elect Mary Fallin today announced she has selected Glenn Coffee to serve as secretary of state.

Coffee, who was the first Republican to serve as president pro tempore of the Oklahoma State Senate, currently serves as co-chairman of the governor-elect’s transition committee.

“My focus as governor of Oklahoma will be to implement pro-growth, fiscally responsible and conservative policies to move this state forward,” Fallin said. “Glenn Coffee’s leadership and experience as a legislator will go a long way in helping our team be successful and I’m proud to have him serve in my cabinet.”

First elected to the Oklahoma State Senate in 1998, Coffee served in a variety of leadership posts including, Republican Caucus chairman (2000-2002), Assistant Minority Floor Leader (2002-2004), and Minority Floor Leader (2004-2006). Coffee served as Senate co-president pro tempore (2007-08) after Republicans won a historic tie in the Oklahoma State Senate in the 2006 elections. He was named a “legislator of the year” in 2010 by the American Legislative Exchange Council.

As secretary of state, Coffee will work on behalf of the governor-elect to advance Fallin’s legislative agenda and will represent the governor during budget negotiations in addition to performing the statutory duties of the office. Additionally, Coffee will serve as a liaison to Oklahoma’s American Indian tribes.

“Governor-elect Fallin has told me that she wants to use every tool available to create more jobs and opportunities for working Oklahomans. I know she’ll work with state lawmakers to pursue conservative, pro-business policies to move our state forward, and I’m honored to serve in her cabinet,” Coffee said.

Coffee earned an undergraduate degree in political science from Northeastern State University and received a law degree from the University of Oklahoma College of Law. He is an alumnus of Leadership Oklahoma and Leadership OKC. Coffee is a member of the NSU Alumni Association and is a founding member of the Oklahoma Legislature Sportsmen’s Caucus.

He lives in Oklahoma City with his wife Lisa and their four children, sons Collin and Blaine and daughters Anna and Kate.

Location:NE 23rd St,Oklahoma City,United States

The Littleton Family looks to start a school to help children like son Solomon

Eric and Marci Littleton are under pressure financially as they try to care for their son Solomon who has developed a rare neurological disease.

“On the good days, honestly, you're numb. You are so thankful. On the bad days you just couldn't hardly function or breathe,” Eric Littleton said.

Read more at NewsOK.com: http://bit.ly/gQ4fMH

I met Eric Littleton this summer. I'm impressed by his will to help his son and to help other families in a similar situation. I have two children, eight and four. When Eric tells me about the helplessness of watching Solomon fade into the shadows I catch myself not breathing. I can't imagine what it must be like for the the Littleton family to go through this. I do know they have a strong faith in God.

The Littletons want to start a school to help children like Solomon.

Solomon Littleton

To try to help families like theirs, the couple is seeking support to open a school in Edmond for children with a range of communication disorders, called Isaiah 35 School for Communication Disorders.

“Our hope is he will talk. Our hope is he will be independent. Our hope is he will be able to hold down a job. Our hope is he will get married and have a life as normal as anyone else,” Marci Littleton said.

I'm working with Eric and other families as well as a group of legislators to help find solutions to some of the challenges they face. Please pray for these families and that God will give us all wisdom as we work on these issues. 


Visit the Littleton's website at http://bit.ly/eQ7QrV

President Pro-Tem Designate Bingman Announces Committee Assignments for the 2011-12 Session

Pro Temp Brian Bingman

Senate President Pro Tempore Designate Brian Bingman, R-Sapulpa, announced committee assignments for the 2011-12 sessions today.

“The Oklahoma Senate is fortunate to have so many good and capable leaders,” said Bingman, R-Sapulpa. “Committees have hard work ahead but these members are more than up for the task. We had a lot of experience and talent to draw from when making these appointments.”

“I would also like to thank Minority Leader Senator Andrew Rice for helping to select Democrat membership,” Bingman added.

The State Senate’s Committee assignments for 2011-12:

Oklahoma public school enrollment climbs more than 5,000 students

Hispanic population reaches 12% of the total statewide

OKLAHOMA CITY - According to annual enrollment numbers provided to the State Board of Education by each public school district and charter school site, Pre-Kindergarten through Grade 12 enrollment for the current school year is 659,615, which is 5,073 more students than were enrolled last school year, and 25,148 more students than just five years ago.

The 2010-11 data shows that Oklahoma’s student population is 18 percent American Indian, 2 percent Asian, 10 percent Black, 12 percent Hispanic, 55 percent White, and 3 percent of two or more races.

Oklahoma’s voluntary Pre-Kindergarten classes remain popular among parents and school leaders. The state is now serving a projected 74 percent of four-year-old children in the state whose parents choose to send them to public Pre-K programs. More than 62 percent of those students are served in full-day Pre-K classes.

The trend of increasing numbers of public school students is evident in most districts. Oklahoma City Public Schools, which surpassed Tulsa Public Schools in enrollment last school year, added 419 students this year and remains the largest district.

Bingman Pledges Fair and Accurate Approach to Redistricting

Sen. Brian Bingman
Senate President Pro Tempore

(State Capitol, Oklahoma City) President Pro Tempore Designate Brian Bingman announced his choices for the Senate Redistricting Committee Wednesday. Redistricting refers to the process of adjusting, or redrawing, district boundaries to accommodate the reapportionment as well as population changes within the state based on the 2010 census. All of Oklahoma’s congressional districts, judicial districts, Senate districts and House of Representatives districts are redrawn, to equalize representation.

“It is very important that all of Oklahoma have a seat at the table for this redistricting process. I am confident that this bi-partisan committee of urban, rural and suburban members will accurately reflect our state and lead this process in fairness,” stated Bingman, R-Sapulpa. “It is our job as policy makers to ensure that all Oklahomans receive a voice and we will work diligently to be sure that our population is justly represented.”

Supreme Court boundaries have not been amended since 1968, while Congressional, Senate and House of Representative boundaries change along with the completion of each census every ten years. “It has been over forty years since we have amended the Supreme Court boundaries and on that account it is time that we give them review in this process,” concluded Bingman.

Senate Redistricting Committee Members include:

Sen. Clark Jolley,R-Edmond, Co-Chairman
Sen. Bryce Marlatt, R-Woodward, Co-Chairman
Sen. Jonathan Nichols, R-Norman, Judicial Vice Chairman
Sen. Don Barrington, R-Lawton, Western and southern Oklahoma Vice Chairman
Sen. Dan Newberry, R-Tulsa, Northeast Oklahoma Vice Chairman
Sen. Mark Allen, R-Spiro, Eastern and southeast Oklahoma Vice Chairman
Sen. David Holt, R-Oklahoma City, Central Oklahoma Vice Chairman
Sen. Eddie Fields, R-Wynona, Congressional Chairman
Sen. Kim David, R-Wagoner, Congressional Vice Chairman
Sen. Andrew Rice, D-Oklahoma City, Minority Co-Vice Chairman
Sen. Sean Burrage, D-Claremore, Minority Co-Vice Chairman
Sen. Judy Eason McIntyre, D-Tulsa
Sen. John Sparks, D-Norman

Sen. Brian Bingman and Sen. Mike Schulz, R-Altus, will serve as Ex-Officio Members of the Redistricting Committee.

Each of the vice chair members will serve as a point person to activity and issues related to their territory, which would include public meetings, member inquiries and constituent inquiries. Census data determines that Oklahoma will retain all five congressional seats.

Speaker-elect Announces House Leadership Appointments

Speaker-elect Kris Steele

OKLAHOMA CITY – Oklahoma House Speaker Kris Steele today announced key leadership appointments for the 2011 and 2012 legislative sessions.

“Given the significant challenges facing our state, it is critical the Legislature focus on conservative, pro-growth policies that will move Oklahoma forward,” said Steele, R-Shawnee. “I believe that we have chosen a team of effective leaders who will ensure the upcoming legislative session is conducted professionally and efficiently to maximize our accomplishments.”

The leadership appointments for the Oklahoma House of Representatives are as follows:

Assistant Majority Floor Leaders:
Mike Jackson, R-Enid
Gary Banz, R-Midwest city
Dennis Johnson, R-Duncan
Lisa Billy, R-Purcell
George Faught, R-Muskogee
Leslie Osborn, R-Tuttle

Assistant Majority Whips:
Mike Sanders, R-Kingfisher
Steve Martin, R-Bartlesville
Randy McDaniel, R-Edmond
Marian Cooksey, R-Edmond
Fred Jordan, R-Jenks
Dennis Casey, R-Morrison
Corey Holland, R-Marlow
Paul Wesselhoft, R-Moore

Location:NE 23rd St,Oklahoma City,United States

2010 in review: Education reform was a major theme

The 2010 legislative session saw several education bills signed into law.

SB 2033 authorizes several reforms including a statewide teacher evaluation system, performance pay initiatives based upon the evaluation system, and other pay initiatives for teachers in hard-to-staff areas and low-performing schools. It also provides a process for dismissing teachers not achieving certain ratings in the evaluation system and payment instructions through the trial de novo process.

SB 2330 creates the Empowered School Districts Act. The act allows school sites, groups of schools, or school districts to submit to the State Board of Education empowerment plans that detail innovations designed to improve school performance and request that certain statutes and rules be waived to accomplish the plan.

HB 2753, also part of the Legislature’s efforts to reform the state’s education system, lifts the cap on the number of charter schools that can be established per year. It also allows a school district which has a school site on the state’s school improvement list to sponsor a charter school. It gives technology centers and comprehensive regional institutions the right to sponsor charter schools if they are within a district that has a school site on the state’s school improvement list. The measure also allows the Office of Juvenile Affairs to operate a charter school for students in the custody of the agency. A similar bill, SB 1862, allows a federally recognized Indian tribe to sponsor a charter school for native language immersion.

SB 509 allows school districts with more than 30,000 average daily membership the option to release teachers from permanent positions at schools identified for school improvement for four consecutive years and employ the teachers as substitutes for two years. If after two years, the districts have not offered the teachers new permanent positions, the districts may release the teachers entirely. It directs the districts to provide training to teachers and states that final decisions of the districts will not be subject to the Teacher Due Process Act.

Location:NW 58th St,Oklahoma City,United States

2010 in review: A look at transparency and agency oversight

In the area of government modernization and agency oversight, legislators passed bills requiring transparency in agency operation.

HB 2319 adds language which states that if a legislatively created task force or similar advisory body does not meet at least once or issue a final report within three years of the date in which the law that created it became effective, that task force will cease to have any authority and be terminated.This applies to all legislatively created task forces and advisory bodies regardless of when they were created.

HB 2698 creates the Oklahoma Government Website Information Act. This bill requires public bodies to make available on their website on or before January 1, 2011, any administrative rules the public body uses to operate, proposed administrative rules, statutes affecting the public body and the way it operates, and statutes the public may find useful when interacting with the public body.

HB 3422 requires the Office of State Finance (OSF) to update the state’s Open Books website with Open Books 2.0 by January 1, 2011. Open Books 2.0 will be a more expansive, searchable online database that lists individual expenditures, regardless of amount, separate from aggregated amounts. Within 18 months of Open Books 2.0 being online, OSF must create an online archive for each fiscal year beginning with FY-2011 and that archive must be accessible and searchable to online users.

HB 3422 also requires the Oklahoma Tax Commissionto prepare and maintain a list of all taxpayers who have claimed any tax credit authorized by any provisions of state law and related to a tax administered by the Tax Commission. This includes the identity of all taxpayers or organizations having any part in the chain of custody or claim to the credit at any time during the credit’s existence from the initial time the credit is earned through the time that the credit is claimed on a tax return. It requires the Office of State Finance to make this list available on the internet. The list must include the name of each taxpayer who claimed a credit, the amount of such credit, and the specific statutory provision under which the credit was claimed. The list must be updated least monthly.

Location:N Lincoln Blvd,Oklahoma City,United States

2010 in review: Cabin Rental Leasing Freedom

Because cabin rental owners were cited by the Real Estate Commission for practicing without a real estate license, the Legislature enacted HB 2305 which makes it unnecessary for any person managing a transient lodging facility to have a real estate license. A transient facility is defined as a furnished room or set of rooms rented on a daily basis for not more than 30 days and is not the renter’s principal residence.

Sen. Jolley warns Judicial Nominating Commission to not proceed, taint appointment

The Senate author of Senate Joint Resolution 27, which led to State Question 752 being placed on the ballot, is seeking to intervene in a lawsuit questioning the constitutionality of the ballot measure.

Last week, Oklahoma County voter Jerry Fent filed a lawsuit seeking to have the overwhelming passage of SQ 752 invalidated. The question, which was ultimately passed by a 63 percent vote of the people, gave Oklahomans more of a say in the state’s judicial nominating process. In recent years, the process has been controlled by lawyers.

Despite passage of the question—which added two new, currently vacant non-lawyer positions to the Commission and tightened the requirements on the other non-lawyer members—the Judicial Nominating Commission, under the direction of Oklahoma Bar Association President Allen Smallwood, is proceeding with finding a replacement for recently deceased Justice Marian Opala.

Sen. Clark Jolley

Sen. Clark Jolley, author of SJR 27, is asking the court to issue a stay on JNC action until the Commission can be reconstituted in accordance with the will of the Oklahoma people as expressed with the passage of SQ 752.

Jolley claims in his filing that the Senate President Pro Tempore and Speaker of the House should have a right to make their appointments as outlined in SQ 752 before the Commission should be allowed to proceed with the Supreme Court nominating process.

“We want nothing more than the will of the people to be carried out,” said Jolley, R-Edmond. “In order to do that, the Judicial Nominating Commission needs to be reconstituted according to the current constitutional provisions, including the additional two non-lawyer appointments.”

Continued pressure to force the nomination could lead to the possibility of having a nominee face court action for being appointed through a flawed process, Jolley said.

Sand Springs editorial on school board behavior on HB 3393 hits the mark

Regarding the Owasso and Bixby school boards' recent decision to reverse their earlier vote to not comply with House Bill 3393 Executive Editor William Swaim writes in the Sand Springs Leader:

"Maybe all it took for the wake up call was the possibility of ouster for school board members, who would not have the legal expenses for their defense covered by taxpayer dollars."

I would agree that the recent change of heart has more to do with the threat of ouster raised by an Owasso attorney than my willingness to listen to their concerns and revisit the new law this session.

I have said from the time the bill passed in May that I'm willing to listen to concerns from school districts. I held two interim study meetings this summer for that purpose. It has been no secret that legitimate concerns would be addressed. There is no excuse for the behavior of these school boards.

Swaim goes on to write:

"School board members made a choice and will have to deal with the consequences for willfully neglecting the oath they took. Perhaps ouster is the fitting consequence for not standing up and being a leader for all students in the school district."

In addition to a review of HB 3393 early next year will be the consideration of the behavior of these school boards including ouster.

Speaker-elect Announces House Committee Assignments

OKLAHOMA CITY – Oklahoma House Speaker Kris Steele today announced committee assignments for the 2011 and 2012 legislative sessions.
“Although Oklahoma faces significant challenges this year, I am confident the members of the House are more than up to the task,” said Steele, R-Shawnee. “I appreciate each member’s willingness to serve and, after careful consideration, believe we have matched members to committees in a way that will best utilize each legislator’s gifts and talents.”

The committee assignments for the Oklahoma House of Representatives are as follows:

Bixby Public Schools follows Owasso's reversal, will implement Lindsey's Law

By Patrick B. McGuigan, CapitolBeatOK.com 

Boards of Education in two Oklahoma public school districts dramatically reversed themselves this week. They have now agreed to authorize local implementation of the historic special needs scholarship program the Legislature passed earlier this year.

At the board of education meeting in Owasso, members voted Thursday (December 16) to reverse a controversial decision to defy implementation of the Lindsey Nicole Henry Scholarships Program.

The  Henry scholarships allow families with special education children previously enrolled in public schools options to remain there or to switch to a private provider for their student, with the money following the child.

In discussions with reporters and others, members of the board indicated they were switching from opposition to support because legislative sponsors had agreed to make changes in the law. However, the principal sponsor of the law had already listed possible revisions in closing legislative debate last spring, and in both of the interim studies focused on the new statute, also known as Lindsey’s Law.

The new posture from the Owasso board came after a local attorney had begun a  Writ of Ouster against the board members. In a letter to Attorney General Drew Edmondson, Gordon Cummings had characterized the board’s prior position as “willful misconduct.”

Owasso superintendent, Dr. Clark Ogilvie, remarked at the beginning of Thursday evening’s meeting, “It is now my understanding that the bill’s author, Rep. Jason Nelson, … and of course he’s here this evening. It’s my understanding that he has reserved a shell bill in the coming session for possible amendments to House Bill 3393 and that indicates to me that he has a willingness to amend portions of the law that were most concerning to school districts across the state of Oklahoma, including ours.”

Ogilvie continued, “And, as a result, as a show of good faith to Rep. Nelson and other legislators who will be taking action on this matter in the coming months I would recommend that the Board rescind its action from October 12.”

On a tape of the brief meeting, obtained by CapitolBeatOK, the board chairman can be heard asking members, “Is there any discussion or comments?” A member of the panel replied: “I think it was well said. I move we vote to rescind the resolutions we adopted by the board at it’s meeting October 12, 2010 in regard to House Bill 3393.”

The motion was seconded, a roll call was taken the new position passed unanimously.

In an interview this week, just hours before a second district took similar action, state Rep. Nelson told CapitolBeatOK, “I'm excited for the students and their parents who will now be able to receive the benefits provided in House Bill 3393. They were put in a very stressful situation -- they transferred their kids to an approved private school and followed all the requirements of the law only to have the district trap them in financial limbo because the school board voted to not follow the law.”

In Bixby, the local board of education on Friday night followed Owasso’s lead, also reversing its position against processing applications for Henry Scholarships. According to a  report from the Tulsa World, Bixby board members claimed they were taking the step because of a new willingness to “revisit” the legislation next year.

Two previous  interim studies of the new law have been held, and Rep. Nelson has outlined a few possible revisions to the historic law, including shifting responsibility for program oversight to the state Department of Education and clarifying existing provisions protecting public school districts from liability.


Other districts that voted this fall to defy the new law include Broken Arrow, Jenks,Tulsa and Union.

Doug Mann, lawyer for both the Broken Arrow and Jenks public school systems, has guided the regional (Tulsa area) school boards’ defiance of Lindsey’s Law. He is a leading partner at the controversial  Rosenstein Fist Ringold law firm, which has guided resistance to the measure, although it was “vetted” by both the state Education Department and Governor Brad Henry. The law firm's surging legal fees have been the subject of scrutiny in reports from the Broken Arrow Ledger.

Superintendent of Public Instruction Sandy Garrett, who presided over her last state board of education meeting this past week, has  criticized the local school boards for violating their oaths of office in the controversy. 

Owasso school district reverses, will now comply with Lindsey's Law

Tonight the Owasso school board took less than 2 minutes to reverse its decision from last October to not comply with Lindsey's law which provides scholarships to special education students to enable them to attend a private school of their choosing. The district will begin complying with the requirements of the new program that was created by HB 3393 earlier this year.

This is good news for parents who have already placed their children in private schools pursuant to the law in good faith months ago.

Just a few days ago a local Owasso attorney began a writ of ouster procedure against the Owasso school board members for failing to perform their duties according to the law.

During the superintendent's brief comments, he indicated his willingness to work with me and the Legislature to address concerns he has with the program.

I have repeatedly told concerned superintendents since last session that I am willing to sit down and work with them to identify and correct any infirmities with the new law. This summer I held two interim study meetings for this very purpose.

I am thankful that Owasso Public schools is finally willing to sit down and work out any disagreements in a rational and proper way.