OKLAHOMA CITY – Rep. Chad Caldwell, R-Enid, commended House passage of a bill he said would end state-sponsored discrimination against Oklahoma families with special needs students.

Senate Bill 105 would amend eligibility requirements for students who are part of the Lindsey Nicole Henry Scholarships for Students with Disabilities Program.

"This legislation removes discriminatory barriers faced only by students with special needs or disabilities," Caldwell said. "Families of traditional students can access school choice funds from day one. Yet up until now, we have placed additional hurdles in front of children with special needs, making them wait to access services and accommodations that would better meet their specific needs."

SB105 removes the requirement that a student attend a public school district the year prior to applying for the program. The bill also removes language stating that acceptance of a scholarship has the same effect as parental revocation of consent to services under certain provisions of IDEA, which is not allowed under the federal code. The measure also clarifies that students on an individualized education program (IEP), an individualized service plan (ISP) or who meet the eligibility standards for special education services in accordance with IDEA are eligible to participate in the scholarship. 

Sen. Julie Daniels, R-Bartlesville, is the Senate author of the bill.

“This legislation levels the playing field for families of children with disabilities or special needs,” Daniels said. “No parent should have to keep their child in a school that’s not working for them just to wait out an arbitrary, one-year requirement to qualify for financial aid. Senate Bill 105 ensures families can access the Lindsey Nicole Henry Scholarship without unnecessary delays, giving them the flexibility to choose the most supportive educational setting from the start.”

The Lindsey Nicole Henry scholarship program authorizes the parent or guardian of a public school student with a disability who is served under the Individuals with Disabilities Education Act (IDEA) to exercise their parental option and request to have an LNH Scholarship awarded for their child to attend a participating private school approved by the State Board of Education. The program has been in place since 2011 and currently serves about 1,500 students.   

Other eligible students include those:

• who have an Individualized Service Plan developed by the Department of Human Services (DHS);
• who are a child of a military family with permanent change of station orders who has moved to Oklahoma;
• who have been in out-of-home placement through the office of Juvenile Affairs; or
• who have been in out-of-home placement with DHS, or who were adopted while in the permanent custody of DHS.

Scholarship funds are paid in increments directly to participating schools, not to parents, and only after students have attended the school.

SB105 passed the House on Tuesday with a vote of 70-23. It was amended in the House, so it now moves back to the Senate for final consideration.