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An Act
ENROLLED HOUSE
BILL NO. 3718 By: Caldwell (Chad) and
Crosswhite Hader of the
House
and
Daniels of the Senate
An Act relating to special education; amending 70
O.S. 2021, Section 13-101.2, as last amended by
Section 1, Chapter 246, O.S.L. 2025 (70 O.S. Supp.
2025, Section 13-101.2), which relates to the Lindsey
Nicole Henry Scholarships for Students with
Disabilities Program; requiring school districts to
schedule certain meeting within certain time period
following a request for a special education
evaluation; requiring school districts to complete
certain evaluation and make certain determination
within certain time period; providing exception;
directing certain student to be deemed eligible for
certain scholarship if certain determination is not
made within certain time period; providing for
calculation of scholarship; providing for remaining
scholarship amount; and providing an effective date.
SUBJECT: Special education
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, as
last amended by Section 1, Chapter 246, O.S.L. 2025 (70 O.S. Supp.
2025, Section 13-101.2), is amended to read as follows:
Section 13-101.2. A. There is hereby created the Lindsey
Nicole Henry Scholarships for Students with Disabilities Program.
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 special needs who meet at least one of
the criteria of subparagraph a, b, c, d, e, f, or g of paragraph 1
ENR. H. B. NO. 3718 Page 2
of subsection B of this section. Scholarships shall be awarded
beginning with the 2010-2011 school year.
B. The parent or legal guardian of a student with a special
need may exercise his or her parental option and request to have a
Lindsey Nicole Henry Scholarship awarded for the child to enroll in
and attend a private school in accordance with this section and the
scholarship shall be awarded if:
1. a. the student has an individualized education program
(IEP), an individualized service plan (ISP), or meets
the eligibility standards for special education
services in accordance with the Individuals with
Disabilities Education Act (IDEA),
b. the student has had an individualized service plan
pursuant to Section 1-4-704 of Title 10A of the
Oklahoma Statutes any time prior to notifying the
State Department of Education of the intent to
participate in the program,
c. the student is a child of a member of the United
States Armed Forces who transfers to a school in this
state from out of state or from a foreign country
pursuant to a permanent change of station orders of
the parent,
d. the student was in out-of-home placement with the
Department of Human Services,
e. the student was adopted while in the permanent custody
of the Department of Human Services,
f. the student is enrolling or is enrolled in a school
that exclusively serves students experiencing
homelessness, or
g. the student was in out-of-home placement with the
Office of Juvenile Affairs; and
2. The parent or legal guardian has obtained acceptance for
admission of the student to a private school that is eligible for
the program as provided in subsection H I of this section and has
notified the State Department of Education of the request for a
scholarship. Requests to participate in the program made after
ENR. H. B. NO. 3718 Page 3
December 1 shall be granted, but funding for scholarships requested
after December 1 shall not be available until the beginning of the
next school year. The request shall be through a communication
directly to the Department in a manner that creates a written or
electronic record of the request and the date of receipt of the
request. The Department shall notify the school district in which
the student is enrolled, if applicable, upon receipt of the request.
For purposes of continuity of educational choice, the scholarship
shall remain in force until the student enrolls in a public school,
graduates from high school, or reaches the age of twenty-two (22),
whichever occurs first. At any time, the parent or legal guardian
of the student may remove the student from the private school and
place the student in another private school that is eligible for the
program as provided in subsection H I of this section or place the
student in a public school.
C. 1. a. Within fifteen (15) school days after receipt of a
written request from a parent or legal guardian for a
special education evaluation, a school district shall
schedule a meeting to review existing data with a
parent of legal guardian.
b. The school district shall complete the evaluation and
make an eligibility determination within forty-five
(45) school days after the date the school district
receives the signed special education evaluation
consent form, except when federal law provides an
exception to the forty-five-school-day period.
c. If the school district fails to make an eligibility
determination within the applicable forty-five-school-
day period established under this subsection, the
student shall be deemed eligible for purposes of
receiving a Lindsey Nicole Henry Scholarship.
2. The maximum scholarship granted for a student found eligible
under this subsection shall be a calculated amount equivalent to the
total State Aid factors for the applicable school year multiplied by
the grade weight for which the student is eligible for the
applicable school year.
3. Once a school district reaches an eligibility decision and
determines that the student is eligible for special education
services, the student shall receive the remaining maximum
ENR. H. B. NO. 3718 Page 4
scholarship amount allowed under paragraphs 2 and 3 of subsection K
of this section.
D. A student shall be eligible for a scholarship if the parent
or legal guardian of the student made a request for a scholarship
for the 2010-2011 school year and the student transferred to an
eligible private school but was subsequently denied a scholarship
because the student did not have an IEP in effect on October 1,
2009, but did meet all other eligibility requirements as set forth
in the Lindsey Nicole Henry Scholarships for Students with
Disabilities Program Act.
D. E. A student shall not be eligible for a Lindsey Nicole
Henry Scholarship if the student is not having regular and direct
contact with the private school teachers at the physical location of
the private school.
E. F. School districts shall notify the parent or legal
guardian of a public school student with a special need of all
options available pursuant to this section and inform the parent or
legal guardian of the availability of information about the program
from the State Department of Education through the toll-free
telephone number or website. The notification shall be provided
with or included in the copy of the "Parents Rights in Special
Education: Notice of Procedural Safeguards" document given to
parents at least annually or as otherwise required by law.
F. G. Upon acceptance of a Lindsey Nicole Henry Scholarship,
the parent or legal guardian shall assume full financial
responsibility for the education of the student including, but not
limited to, transportation to and from the private school.
G. H. If the parent or legal guardian requests a Lindsey Nicole
Henry Scholarship and the student is accepted by the private school
pending the availability of a space for the student, the parent or
legal guardian of the student shall notify the State Department of
Education before entering the private school and before December 1
in order to be eligible for the scholarship during the school year
when a space becomes available for the student in the private
school. If notification is made after December 1, payment of the
scholarship shall not begin until the next school year.
H. I. 1. To be eligible to participate in the Lindsey Nicole
Henry Scholarships for Students with Disabilities Program, a private
school shall notify the State Department of Education of its intent
ENR. H. B. NO. 3718 Page 5
to participate. The notice shall specify the grade levels and
services that the private school has available for students with
special needs who are participating in the scholarship program. The
State Department of Education shall approve a private school as
eligible to participate in the scholarship program upon
determination that the private school:
a. meets the accreditation requirements set by the State
Board of Education or another accrediting association
approved by the State Board of Education. The State
Department of Education shall list on its website all
accrediting associations approved by the Board,
b. demonstrates fiscal soundness by having been in
operation for one (1) school year or providing the
State Department of Education with a statement by a
certified public accountant confirming that the
private school desiring to participate is insured and
the owner or owners have sufficient capital or credit
to operate the school for the upcoming year by serving
the number of students anticipated with expected
revenues from tuition and other sources that may be
reasonably expected. In lieu of a statement, a surety
bond or letter of credit for the amount equal to the
scholarship funds for any quarter may be filed with
the Department,
c. complies with the antidiscrimination provisions of 42
U.S.C., Section 2000d,
d. meets state and local health and safety laws and
codes,
e. will be academically accountable to the parent or
legal guardian for meeting the educational needs of
the student,
f. employs or contracts with teachers who hold
baccalaureate or higher degrees, or have at least
three (3) years of teaching experience in public or
private schools, or have special skills, knowledge, or
expertise that qualifies them to provide instruction
in subjects taught,
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g. complies with all state laws relating to general
regulation of private schools, and
h. adheres to the tenets of its published disciplinary
procedures prior to the expulsion of a scholarship
student.
2. Upon approval of a private school, the State Department of
Education shall provide on its website all information and material
submitted by the private school with its application.
I. J. 1. Lindsey Nicole Henry Scholarship Program participants
shall comply with the following:
a. the parent or legal guardian shall select the private
school from the schools approved for eligibility
pursuant to subsection H I of this section and apply
for the admission of the child,
b. the parent or legal guardian shall request the
scholarship no later than December 1 of the school
year during which the scholarship is requested,
c. any student participating in the scholarship program
shall attend throughout the school year, unless
excused by the school for illness or other good cause,
and shall comply fully with the code of conduct for
the school,
d. the parent or legal guardian of a student who
qualifies pursuant to subparagraph a of paragraph 1 of
subsection B of this section shall agree to meet
annually with a representative of the private school
to identify the services necessary to support the
special needs of the student participating in the
scholarship program,
e. the parent or legal guardian shall fully comply with
the parental involvement requirements of the private
school, unless excused by the school for illness or
other good cause, and
f. upon issuance of a scholarship warrant, the parent or
legal guardian to whom the warrant is made shall
restrictively endorse the warrant to the private
ENR. H. B. NO. 3718 Page 7
school for deposit into the account of the private
school. The parent or legal guardian may not
designate any entity or individual associated with the
private school as the attorney in fact for the parent
or legal guardian to endorse a warrant. A parent or
legal guardian who fails to comply with this
subparagraph shall forfeit the scholarship.
2. A participant who fails to comply with this subsection
forfeits the scholarship.
J. K. Provisions governing payment of a Lindsey Nicole Henry
Scholarship shall be as follows:
1. The State Department of Education shall calculate the total
cost of all scholarships for all eligible students in the state.
The State Department of Education shall then reserve or retain from
the total amount appropriated to the State Board of Education for
State Aid purposes and any other revenue available for allocation
for State Aid purposes the total cost for all scholarship payments;
2. The maximum scholarship granted for an eligible student with
special needs shall be a calculated amount equivalent to the total
State Aid factors for the applicable school year multiplied by the
grade and disability weights for which the student is eligible for
the applicable school year. The disability weights used in
calculating the scholarship amount shall include all disability
weights which correspond to the disabilities included in the
multidisciplinary evaluation and eligibility group summary for the
student at the time the request for a scholarship is made by the
parent or legal guardian. The maximum scholarship amount shall be
calculated by the State Board of Education for each year the student
is participating in the scholarship program;
3. The amount of the scholarship shall be the amount calculated
in paragraph 2 of this subsection or the amount of tuition and fees
for the private school, whichever is less, minus up to two and one-
half percent (2 1/2%) of the scholarship amount which may be
retained by the State Department of Education as a fee for
administrative services rendered. If a private school does not
charge tuition, the amount of the scholarship shall be the amount
calculated in paragraph 2 of this subsection minus up to two and
one-half percent (2 1/2%) of the scholarship amount which may be
retained by the State Department of Education as a fee for
administrative services rendered. The amount of any assessment fee
ENR. H. B. NO. 3718 Page 8
required by the private school and the amount associated with
providing services and therapies to address the special needs of the
student may be paid from the total amount of the scholarship. The
amount of the scholarship shall be prorated to reflect the number of
days remaining in the current school year, if the scholarship
request is granted after the beginning of the school year;
4. The State Department of Education shall notify the private
school of the amount of the scholarship within ten (10) days after
receiving the request for a scholarship, when the total State Aid
factors have been determined for the current fiscal year. The
initial payment shall be made after the Department verifies
admission acceptance and enrollment. Quarterly payments shall be
made upon verification of continued enrollment and attendance at the
private school. Payment shall be made by the Department with an
individual warrant made payable to the parent or legal guardian of
the student and mailed by the Department to the private school that
the parent or legal guardian chooses. The parent or legal guardian
shall restrictively endorse the warrant to the private school for
deposit into the account of the private school;
5. The State Department of Education shall not be responsible
for any additional costs associated with special education and
related services incurred by the private school for the student
including the cost of teachers, equipment, material, and special
costs associated with the special education class;
6. The State Department of Education shall establish a toll-
free telephone number or website that provides parents or legal
guardians and private schools with information about the program;
7. The State Department of Education shall require an annual,
notarized, sworn compliance statement by participating private
schools certifying compliance with state laws and shall retain all
records received from a participating private school. The State
Department of Education shall post on its website the annual
compliance statement for each participating private school; and
8. The State Department of Education shall cross-check the list
of participating scholarship students with the public school
enrollments prior to each scholarship payment to avoid duplication.
K. L. 1. The State Superintendent of Public Instruction shall
deny, suspend, or revoke the participation of a private school in
the scholarship program if it is determined that the private school
ENR. H. B. NO. 3718 Page 9
has failed to comply with the provisions of this section. However,
in instances in which the noncompliance is correctable within a
reasonable amount of time and in which the health, safety, or
welfare of the students is not threatened, the Superintendent may
issue a notice of noncompliance which shall provide the private
school with a time frame within which to provide evidence of
compliance prior to taking action to suspend or revoke participation
in the scholarship program.
2. If the Superintendent intends to deny, suspend, or revoke
the participation of a private school in the scholarship program,
the Department shall notify the private school of the proposed
action in writing by certified mail and regular mail to the private
school's address of record with the Department. The Department
shall also notify any parents or legal guardians of scholarship
students attending the private school. The notification shall
include the reasons for the proposed action and notice of the
timelines and procedures set forth in this subsection.
3. The private school that is adversely affected by the
proposed action shall have fifteen (15) days from receipt of the
notice of proposed action to file with the Department a request for
an administrative hearing proceeding pursuant to the Administrative
Procedures Act.
4. Upon receipt of a request for a hearing, the State Board of
Education shall commence a hearing within sixty (60) days after the
receipt of the formal written request and enter an order within
thirty (30) days after the hearing.
5. The Board may immediately suspend payment of scholarship
funds if it is determined that there is probable cause to believe
that there is an imminent threat to the health, safety, or welfare
of the students or fraudulent activity on the part of the private
school.
L. M. No liability shall arise on the part of the state, the
State Board of Education, the State Department of Education, or a
school district based on the award or use of any scholarship
provided through the Lindsey Nicole Henry Scholarships for Students
with Disabilities Program.
M. N. The inclusion of private schools within options available
to public school students in Oklahoma shall not expand the
regulatory authority of the state or any school district to impose
ENR. H. B. NO. 3718 Page 10
any additional regulation of private schools beyond those reasonably
necessary to enforce the requirements expressly set forth in this
section.
N. O. If the State Department of Education determines that a
school district prior to August 26, 2011, has failed to comply with
the provisions of the Lindsey Nicole Henry Scholarships for Students
with Disabilities Program Act and has failed to make full or partial
scholarship payments for eligible students, the Department shall
have authority to reduce the amount of State Aid allocated to the
school district or require the school district to make repayment to
the Department of State Aid allocations in an amount equal to the
amount of scholarship payments the school district failed to make.
The Department shall make payment to the parent or legal guardian in
the amount the school district failed to make in the manner as
provided for in subsection J K of this section.
O. P. The State Department of Education shall annually prepare
and post on its website a report of Lindsey Nicole Henry
Scholarships for Students with Disabilities Program. The annual
report shall include, but not be limited to, the following
information:
1. The total number and amount of scholarships awarded and
reported for each participating private school;
2. The total number of scholarships denied;
3. The total number and amount of scholarship payments
suspended for each participating private school; and
4. Data on participating students, disaggregated by years of
participation in the program, grade level, economically
disadvantaged status, racial and ethnic groups, and disability
category.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3718 Page 11
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________