OKLAHOMA CITY – When it comes to ideas emanating from the State Capitol, there is no perfect solution to problems faced by what a bill might address.

Such is the case with Senate Bill 105. The bill would modify the requirements for qualification for students with the Lindsey Nicole Henry Scholarship to transfer between school districts. The bill removes the requirement for a student to have attended a public school while on an IEP in the year immediately prior to applying for the scholarship. It also removes the word “disability” and replaces it with the phrase “special need.”

The bill also would remove language stating that acceptance of a scholarship has the same effect as parental revocation of consent to services under certain provisions of the Individuals with Disabilities Education Act. This update brings the statute in line with federal guidelines.

Due to the Legislature passing language that was signed into law in past years which allows almost all students the ability to transfer to new schools, this legislation cleans up a loophole that impacts those students who fall into the special needs category and allows the additional weighted formula funds, funds designated under the Lindsey Nicole Henry (LNH) Scholarship, to follow the student to the new district or school. This would ensure resources are there to help the child with support for their circumstance which allows them to qualify for this funding.

I was a lawmaker when the LNH Scholarship was originally brought to the Legislature more than a decade ago. I voted against the original language due to fear of this creating a voucher system that would allow students to transfer to another district for reasons other than to seek better support services. After working with many families who have faced issues with not receiving the best services possible in their home district, I now realize how important this policy is for families to be able to seek out different educational options for their children.

This is not about comparing one district or school to another. This is about the unique needs of individual students and families and recognizing that sometimes families can find the services for their students at different schools who may already have particular specialists hired, and specialize in serving students with those needs.

Over the past several years, Oklahoma law has become very flexible for student transfer, even providing up to a $7,500 voucher of state dollars to subsidize students to enroll in a private school depending upon their family’s income, or $1,000 for parents who home school their children.

Unfortunately, several private schools raised their tuition by the amount of the voucher, intentionally keeping the price out of reach for the families who the voucher was most designed to assist. Additionally, agency rules were established which required the payment to be sent directly to the school, allowing the administration to determine the income of the families based upon the level of the payment, a horrible invasion of privacy on these families that I hope will be rectified.

As I pointed out, there are no perfect answers to many of these issues brought forth through legislation, but we must hope they can do the best for those impacted. Such is the case with special needs children who would benefit from Senate Bill 105, and let’s hope policymakers will address the issues with how vouchers might legitimately support children who deserve better opportunities.

About OICA: The Oklahoma Institute for Child Advocacy was established in 1983 by a group of citizens seeking to create a strong advocacy network that would provide a voice for the needs of children and youth in Oklahoma, particularly those in the state’s care and those growing up amid poverty, violence, abuse and neglect, disparities, or other situations that put their lives and future at risk. Our mission statement: “Creating awareness, taking action and changing policy to improve the health, safety, and well-being of Oklahoma’s children.”

Jay Paul Gumm Director of Communications Oklahoma Institute for Child Advocacy jpgumm@oica.org (405) 236-KIDS (5437) Mobile (405) 6000290