OKLAHOMA CITY – The House Common Education committee today passed a bill that would end discrimination for Oklahoma students with special needs.

Senate Bill 105, authored in the House by Rep. Chad Caldwell, R-Enid, would amend eligibility requirements for students on an Individualized Education Program who are part of the Lindsey Nicole Henry Scholarships for Students with Disabilities Program.

"Students with special needs or disabilities should receive services and accommodations that will advance their education from whatever school can best provide them," Caldwell said. "Neither these students nor their parents should have to jump through hoops to appease public school lobbying groups by attending a public school first in order to obtain instruction that best meets their specific needs."  

The measure would remove the requirement that a student attend a public school district the year prior to applying for the program. It 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 (IDEA).

Giving up consent to service is not allowed under the federal code and is therefore senseless language, according to the bill's Senate author, Sen. Julie Daniels, R-Bartlesville. 

The scholarship program authorizes the parent or guardian of a public-school student with a disability who is served under 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. 

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 after receiving IDEA services in another state;
• who have been served through the SoonerStart program and during transition has been determined to be eligible for school district services;
• 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.

SB105 passed the Common Education Committee with a vote of 6-5 and now is eligible to be considered by the House Education Oversight Committee.