Bill Text For HB1230 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 9, 2019                              |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 1230                                                    |
  |                                     By: McBride of the House          |
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  |                                         and                           |
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  |                                         Weaver of the Senate          |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       [ education - requiring State Department of Education           |
  |       to list on its website approved accrediting                     |
11|       associations - effective date ]                                 |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 13-101.2, as   |
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16|last amended by Section 1, Chapter 249, O.S.L. 2017 (70 O.S. Supp.     |
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17|2018, Section 13-101.2), is amended to read as follows:                |
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18|    Section 13-101.2  A.  There is hereby created the Lindsey Nicole   |
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19|Henry Scholarships for Students with Disabilities Program.  The        |
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20|Lindsey Nicole Henry Scholarships for Students with Disabilities       |
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21|Program is established to provide a scholarship to a private school    |
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22|of choice for students with disabilities for whom an individualized    |
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23|education program (IEP) in accordance with the Individuals with        |
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24|Disabilities Education Act (IDEA) or an individualized service plan    |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 1
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 1|pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes      |
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 2|has been developed at any time prior to notifying the State            |
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 3|Department of Education of the intent to participate in the Program    |
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 4|and the IEP is in effect at the time the request for a scholarship     |
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 5|is received by the State Department of Education.  Scholarships        |
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 6|shall be awarded beginning with the 2010-2011 school year.             |
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 7|    B.  The parent or legal guardian of a public school student with   |
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 8|a disability may exercise their parental option and request to have    |
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 9|a Lindsey Nicole Henry Scholarship awarded for the child to enroll     |
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10|in and attend a private school in accordance with this section and     |
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11|the scholarship shall be awarded if:                                   |
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12|    1.  The student has spent the prior school year in attendance at   |
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13|a public school in this state.  For purposes of this section, "prior   |
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14|school year in attendance" means that the student was enrolled in      |
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15|and reported by a school district for funding purposes during the      |
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16|preceding school year regardless of whether or not the student had     |
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17|an IEP at the time the student was counted for funding purposes.  A    |
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18|student who is a child of a member of the United States Armed Forces   |
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19|who transfers to a school in this state from out of state or from a    |
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20|foreign country pursuant to a permanent change of station orders of    |
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21|the parent shall be exempt from the requirements of this paragraph     |
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22|but shall be required to meet all other eligibility requirements to    |
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23|participate as provided for in this section.  A student who has been   |
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24|provided services under an Individual Family Service Plan through      |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 2
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 1|the SoonerStart program and during transition was evaluated and        |
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 2|determined to be eligible for school district services shall be        |
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 3|exempt from the requirements of this paragraph but shall be required   |
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 4|to meet all other eligibility requirements to participate as           |
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 5|provided for in this section.  A student who was in out-of-home        |
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 6|placement with the Department of Human Services, who was adopted       |
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 7|while in the permanent custody of the Department of Human Services     |
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 8|or who was in out-of-home placement with the Office of Juvenile        |
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 9|Affairs shall be exempt from the requirements of this paragraph but    |
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10|shall be required to meet all other eligibility requirements to        |
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11|participate as provided for in this section; and                       |
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12|    2.  The parent or legal guardian has obtained acceptance for       |
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13|admission of the student to a private school that is eligible for      |
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14|the program as provided in subsection H of this section and has        |
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15|notified the State Department of Education of the request for a        |
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16|scholarship.  Requests to participate in the program made after        |
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17|December 1 shall be granted, but funding for scholarships requested    |
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18|after December 1 shall not be available until the beginning of the     |
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19|next school year.  The request shall be through a communication        |
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20|directly to the Department in a manner that creates a written or       |
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21|electronic record of the request and the date of receipt of the        |
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22|request.  The Department shall notify the school district upon         |
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23|receipt of the request.  For purposes of continuity of educational     |
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24|choice, the scholarship shall remain in force until the student        |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 3
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 1|returns to a public school, graduates from high school or reaches      |
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 2|the age of twenty-two (22), whichever occurs first.  At any time,      |
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 3|the parent or legal guardian of the student may remove the student     |
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 4|from the private school and place the student in another private       |
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 5|school that is eligible for the program as provided in subsection H    |
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 6|of this section or place the student in a public school.               |
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 7|    C.  A student shall be eligible for a scholarship if the parent    |
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 8|or legal guardian of the student made a request for a scholarship      |
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 9|for the 2010-2011 school year and the student transferred to an        |
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10|eligible private school but was subsequently denied a scholarship      |
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11|because the student did not have an IEP in effect on October 1,        |
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12|2009, but did meet all other eligibility requirements as set forth     |
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13|in the Lindsey Nicole Henry Scholarships for Students with             |
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14|Disabilities Program Act.                                              |
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15|    D.  A student shall not be eligible for a Lindsey Nicole Henry     |
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16|Scholarship if the student is not having regular and direct contact    |
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17|with the private school teachers at the physical location of the       |
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18|private school.                                                        |
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19|    E.  School districts shall notify the parent or legal guardian     |
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20|of a public school student with a disability of all options            |
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21|available pursuant to this section and inform the parent or legal      |
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22|guardian of the availability of information about the program from     |
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23|the State Department of Education through the toll-free telephone      |
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24|number or website.  The notification shall be provided with or         |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 4
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 1|included in the copy of the "Parents Rights in Special Education:      |
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 2|Notice of Procedural Safeguards" document given to parents at least    |
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 3|annually or as otherwise required by law.                              |
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 4|    F.  1.  Acceptance of a Lindsey Nicole Henry Scholarship shall     |
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 5|have the same effect as a parental revocation of consent to service    |
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 6|pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the       |
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 7|IDEA.                                                                  |
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 8|    2.  Upon acceptance of a Lindsey Nicole Henry Scholarship, the     |
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 9|parent or legal guardian shall assume full financial responsibility    |
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10|for the education of the student, including but not limited to         |
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11|transportation to and from the private school.                         |
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12|    G.  If the parent or legal guardian requests a Lindsey Nicole      |
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13|Henry Scholarship and the student is accepted by the private school    |
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14|pending the availability of a space for the student, the parent or     |
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15|legal guardian of the student shall notify the State Department of     |
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16|Education before entering the private school and before December 1     |
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17|in order to be eligible for the scholarship during the school year     |
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18|when a space becomes available for the student in the private          |
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19|school.  If notification is made after December 1, payment of the      |
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20|scholarship shall not begin until the next school year.                |
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21|    H.  1.  To be eligible to participate in the Lindsey Nicole        |
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22|Henry Scholarships for Students with Disabilities Program, a private   |
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23|school shall notify the State Department of Education of its intent    |
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24|to participate.  The notice shall specify the grade levels and         |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 5
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 1|services that the private school has available for students with       |
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 2|disabilities who are participating in the scholarship program.  The    |
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 3|State Department of Education shall approve a private school as        |
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 4|eligible to participate in the scholarship program upon                |
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 5|determination that the private school:                                 |
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 6|    1.  Meets                                                          |
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 7|         a.    meets the accreditation requirements set by the State   |
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 8|              Board of Education or another accrediting association    |
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 9|              approved by the State Board of Education;.  The State    |
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10|              Department of Education shall list on its website all    |
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11|              accrediting associations approved by the Board,          |
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12|    2.  Demonstrates                                                   |
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13|         b.    demonstrates fiscal soundness by having been in         |
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14|              operation for one (1) school year or providing the       |
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15|              State Department of Education with a statement by a      |
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16|              certified public accountant confirming that the          |
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17|              private school desiring to participate is insured and    |
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18|              the owner or owners have sufficient capital or credit    |
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19|              to operate the school for the upcoming year by serving   |
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20|              the number of students anticipated with expected         |
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21|              revenues from tuition and other sources that may be      |
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22|              reasonably expected.  In lieu of a statement, a surety   |
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23|              bond or letter of credit for the amount equal to the     |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 6
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 1|              scholarship funds for any quarter may be filed with      |
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 2|              the Department;,                                         |
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 3|    3.  Complies                                                       |
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 4|         c.    complies with the antidiscrimination provisions of 42   |
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 5|              U.S.C., Section 2000d;,                                  |
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 6|    4.  Meets                                                          |
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 7|         d.    meets state and local health and safety laws and        |
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 8|              codes;,                                                  |
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 9|    5.  Will                                                           |
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10|         e.    will be academically accountable to the parent or       |
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11|              legal guardian for meeting the educational needs of      |
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12|              the student;,                                            |
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13|    6.  Employs                                                        |
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14|         f.    employs or contracts with teachers who hold             |
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15|              baccalaureate or higher degrees, or have at least        |
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16|              three (3) years of teaching experience in public or      |
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17|              private schools, or have special skills, knowledge, or   |
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18|              expertise that qualifies them to provide instruction     |
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19|              in subjects taught;,                                     |
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20|    7.  Complies                                                       |
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21|         g.    complies with all state laws relating to general        |
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22|              regulation of private schools;, and                      |
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23|    8.  Adheres                                                        |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 7
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 1|         h.    adheres to the tenets of its published disciplinary     |
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 2|              procedures prior to the expulsion of a scholarship       |
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 3|              student.                                                 |
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 4|    2.  Upon approval of a private school, the State Department of     |
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 5|Education shall provide on its website all information and material    |
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 6|submitted by the private school with its application.                  |
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 7|    I.  1.  Lindsey Nicole Henry Scholarship Program participants      |
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 8|shall comply with the following:                                       |
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 9|         a.        the parent or legal guardian shall select the       |
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10|              private school from the schools approved for             |
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11|              eligibility pursuant to subsection H of this section     |
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12|              and apply for the admission of the child,                |
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13|         b.        the parent or legal guardian shall request the      |
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14|              scholarship no later than December 1 of the school       |
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15|              year during which the scholarship is requested,          |
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16|         c.        any student participating in the scholarship        |
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17|              program shall attend throughout the school year,         |
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18|              unless excused by the school for illness or other good   |
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19|              cause, and shall comply fully with the code of conduct   |
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20|              for the school,                                          |
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21|         d.        the parent or legal guardian shall fully comply     |
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22|              with the parental involvement requirements of the        |
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23|              private school, unless excused by the school for         |
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24|              illness or other good cause, and                         |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 8
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 1|         e.        upon issuance of a scholarship warrant, the         |
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 2|              parent or legal guardian to whom the warrant is made     |
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 3|              shall restrictively endorse the warrant to the private   |
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 4|              school for deposit into the account of the private       |
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 5|              school.  The parent or legal guardian may not            |
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 6|              designate any entity or individual associated with the   |
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 7|              private school as the attorney in fact for the parent    |
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 8|              or legal guardian to endorse a warrant.  A parent or     |
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 9|              legal guardian who fails to comply with this             |
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10|              subparagraph shall forfeit the scholarship.              |
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11|    2.  A participant who fails to comply with this subsection         |
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12|forfeits the scholarship.                                              |
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13|    J.  Provisions governing payment of a Lindsey Nicole Henry         |
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14|Scholarship shall be as follows:                                       |
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15|    1.  The State Department of Education shall calculate the total    |
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16|cost of all scholarships for all eligible students in the state.       |
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17|The State Department of Education shall then reserve or retain from    |
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18|the total amount appropriated to the State Board of Education for      |
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19|State Aid purposes and any other revenue available for allocation      |
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20|for State Aid purposes the total cost for all scholarship payments;    |
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21|    2.  The maximum scholarship granted for an eligible student with   |
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22|disabilities shall be a calculated amount equivalent to the total      |
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23|State Aid factors for the applicable school year multiplied by the     |
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24|grade and disability weights generated by that student for the         |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 9
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 1|applicable school year.  The disability weights used in calculating    |
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 2|the scholarship amount shall include all disability weights which      |
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 3|correspond to the disabilities included in the multidisciplinary       |
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 4|evaluation and eligibility group summary for the student at the time   |
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 5|the request for a scholarship is made by the parent or legal           |
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 6|guardian.  The maximum scholarship amount shall be calculated by the   |
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 7|State Board of Education for each year the student is participating    |
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 8|in the scholarship program;                                            |
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 9|    3.  The amount of the scholarship shall be the amount calculated   |
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10|in paragraph 2 of this subsection or the amount of tuition and fees    |
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11|for the private school, whichever is less, minus up to two and         |
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12|one-half percent (2 1/2%) of the scholarship amount which may be       |
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13|retained by the State Department of Education as a fee for             |
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14|administrative services rendered.  The amount of any assessment fee    |
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15|required by the private school and the amount associated with          |
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16|providing services and therapies to address the disabilities of the    |
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17|student may be paid from the total amount of the scholarship.  The     |
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18|amount of the scholarship shall be prorated to reflect the number of   |
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19|days remaining in the current school year, if the scholarship          |
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20|request is granted after the beginning of the school year;             |
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21|    4.  The State Department of Education shall notify the private     |
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22|school of the amount of the scholarship within ten (10) days after     |
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23|receiving the request for a scholarship, when the total State Aid      |
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24|factors have been determined for the current fiscal year.  The         |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 10
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 1|initial payment shall be made after the Department verifies            |
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 2|admission acceptance and enrollment.  Quarterly payments shall be      |
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 3|made upon verification of continued enrollment and attendance at the   |
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 4|private school.  Payment shall be made by the Department with an       |
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 5|individual warrant made payable to the parent or legal guardian of     |
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 6|the student and mailed by the Department to the private school that    |
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 7|the parent or legal guardian chooses.  The parent or legal guardian    |
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 8|shall restrictively endorse the warrant to the private school for      |
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 9|deposit into the account of the private school;                        |
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10|    5.  The State Department of Education shall not be responsible     |
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11|for any additional costs associated with special education and         |
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12|related services incurred by the private school for the student        |
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13|including the cost of teachers, equipment, material, and special       |
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14|costs associated with the special education class;                     |
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15|    6.  The State Department of Education shall establish a            |
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16|toll-free telephone number or website that provides parents or legal   |
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17|guardians and private schools with information about the program;      |
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18|    7.  The State Department of Education shall require an annual,     |
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19|notarized, sworn compliance statement by participating private         |
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20|schools certifying compliance with state laws and shall retain all     |
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21|records received from a participating private school.  The State       |
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22|Department of Education shall post on its website the annual           |
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23|compliance statement for each participating private school; and        |
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24|                                                                       |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 11
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 1|    8.  The State Department of Education shall cross-check the list   |
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 2|of participating scholarship students with the public school           |
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 3|enrollments prior to each scholarship payment to avoid duplication.    |
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 4|    K.  1.  The State Superintendent of Public Instruction shall       |
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 5|deny, suspend, or revoke the participation of a private school in      |
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 6|the scholarship program if it is determined that the private school    |
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 7|has failed to comply with the provisions of this section.  However,    |
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 8|in instances in which the noncompliance is correctable within a        |
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 9|reasonable amount of time and in which the health, safety, or          |
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10|welfare of the students is not threatened, the Superintendent may      |
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11|issue a notice of noncompliance which shall provide the private        |
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12|school with a time frame within which to provide evidence of           |
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13|compliance prior to taking action to suspend or revoke participation   |
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14|in the scholarship program.                                            |
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15|    2.  If the Superintendent intends to deny, suspend, or revoke      |
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16|the participation of a private school in the scholarship program,      |
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17|the Department shall notify the private school of the proposed         |
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18|action in writing by certified mail and regular mail to the private    |
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19|school's address of record with the Department.  The Department        |
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20|shall also notify any parents or legal guardians of scholarship        |
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21|students attending the private school.  The notification shall         |
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22|include the reasons for the proposed action and notice of the          |
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23|timelines and procedures set forth in this subsection.                 |
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24|                                                                       |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 12
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 1|    3.  The private school that is adversely affected by the           |
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 2|proposed action shall have fifteen (15) days from receipt of the       |
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 3|notice of proposed action to file with the Department a request for    |
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 4|an administrative hearing proceeding pursuant to the Administrative    |
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 5|Procedures Act.                                                        |
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 6|    4.  Upon receipt of a request for a hearing, the State Board of    |
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 7|Education shall commence a hearing within sixty (60) days after the    |
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 8|receipt of the formal written request and enter an order within        |
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 9|thirty (30) days after the hearing.                                    |
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10|    5.  The Board may immediately suspend payment of scholarship       |
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11|funds if it is determined that there is probable cause to believe      |
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12|that there is an imminent threat to the health, safety, or welfare     |
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13|of the students or fraudulent activity on the part of the private      |
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14|school.                                                                |
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15|    L.  No liability shall arise on the part of the state, the State   |
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16|Board of Education, the State Department of Education or a school      |
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17|district based on the award or use of any scholarship provided         |
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18|through the Lindsey Nicole Henry Scholarships for Students with        |
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19|Disabilities Program.                                                  |
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20|    M.  The inclusion of private schools within options available to   |
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21|public school students in Oklahoma shall not expand the regulatory     |
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22|authority of the state or any school district to impose any            |
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23|additional regulation of private schools beyond those reasonably       |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 13
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 1|necessary to enforce the requirements expressly set forth in this      |
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 2|section.                                                               |
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 3|    N.  If the State Department of Education determines that a         |
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 4|school district prior to the effective date of this act has failed     |
  |                                                                       |
 5|to comply with the provisions of the Lindsey Nicole Henry              |
  |                                                                       |
 6|Scholarships for Students with Disabilities Program Act and has        |
  |                                                                       |
 7|failed to make full or partial scholarship payments for eligible       |
  |                                                                       |
 8|students, the Department shall have authority to reduce the amount     |
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 9|of State Aid allocated to the school district or require the school    |
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10|district to make repayment to the Department of State Aid              |
  |                                                                       |
11|allocations in an amount equal to the amount of scholarship payments   |
  |                                                                       |
12|the school district failed to make.  The Department shall make         |
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13|payment to the parent or legal guardian in the amount the school       |
  |                                                                       |
14|district failed to make in the manner as provided for in subsection    |
  |                                                                       |
15|J of this section.                                                     |
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16|    O.  The State Department of Education shall annually prepare and   |
  |                                                                       |
17|post on its website a report of Lindsey Nicole Henry Scholarships      |
  |                                                                       |
18|for Students with Disabilities Program.  The annual report shall       |
  |                                                                       |
19|include, but not be limited to, the following information:             |
  |                                                                       |
20|    1.  The total number and amount of scholarships awarded and        |
  |                                                                       |
21|reported for each participating private school;                        |
  |                                                                       |
22|    2.  The total number of scholarships denied;                       |
  |                                                                       |
23|    3.  The total number and amount of scholarship payments            |
  |                                                                       |
24|suspended for each participating private school; and                   |
  |                                                                       |
arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 14
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 1|    4.  Data on participating students, disaggregated by years of      |
  |                                                                       |
 2|participation in the program, grade level, economically                |
  |                                                                       |
 3|disadvantaged status, racial and ethnic groups and disability          |
  |                                                                       |
 4|category.                                                              |
  |                                                                       |
 5|    SECTION 2.  This act shall become effective November 1, 2019.      |
  |                                                                       |
 6|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 9, 2019 - DO PASS AS AMENDED                                     |
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22|                                                                       |
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23|                                                                       |
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24|                                                                       |
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arsid2333 SENATE FLOOR VERSION - HB1230 SFLR                       Page 15
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