Lindsey Nicole Henry Scholarships for Students with Disabilities

Eligible students for the program include the any student with a disability who: (1) is served under the Individuals with Disabilities Act (IDEA), and who spent the prior school year enrolled in an Oklahoma public school is eligible for the program; or (2) has had an Individualized Service Plan (ISP) developed by the Department of Human Services (DHS); (3) is a child of a military family with permanent change of station orders who has moved to Oklahoma after receiving IDEA services in another state; (4) has been served through the SoonerStart program and during transition has been determined to be eligible for school district services; (5) has been in out-of-home placement through the Office of Juvenile Affairs; (6) has been in out-of-home placement with DHS, or who was adopted while in permanent custody of DHS; or (7) who is enrolling or is enrolled in a school that exclusively serves students experiencing homelessness. The parent must first secure enrollment at an approved private school, and reapplication is required annually, although a student will continue to qualify for the scholarship until the student enrolls in a public school, graduates from high school, or reaches the age of 22. _(Last updated July 15, 2024)_

The Lindsey Nicole Henry Scholarship provides funding for families to send eligible students to approved private schools participating in the program. The State Department of Education interprets covered fees to include enrollment, registration, or application fees; textbooks fees; technology fees; activity fees; testing and assessment fees; and fees for school uniforms, if paid directly to the school. In addition to the private school tuition and fees, the Department provides guidance allowing for the scholarship to pay for special education programs offered by the private school to students with disabilities, and any therapies needed to address the educational needs resulting from the disabilities of the student such as tutoring or a one-on-one student aide. General costs of providing special education services, including the cost of teachers, equipment, material, and special costs associated with the special education class are not covered by the scholarship. _(Last updated December 12, 2024)_

This program is funded by the state aid formula. The maximum scholarship a qualifying student with disabilities can be granted will be the amount calculated by the State Department of Education according to the student’s grade level and disability category or the amount of tuition and fees for the chosen private school, whichever is less. If the school does not charge tuition, then the scholarship amount is the amount calculated by the State Department of Education. Qualifying students in foster care or other state placements receive scholarships worth the per-pupil state aid plus any applicable weights (such as English-language learners or gifted students). Any qualifying Oklahoma K–12 student that wishes to participate may receive funding. This program is funded by the state aid formula. The maximum scholarship a qualifying student with disabilities can be granted will be the amount calculated by the State Department of Education according to the student’s grade level and disability category or the amount of tuition and fees for the chosen private school, whichever is less. If the school does not charge tuition, then the scholarship amount is the amount calculated by the State Department of Education. Qualifying students in foster care or other state placements receive scholarships worth the per-pupil state aid plus any applicable weights (such as English-language learners or gifted students). Any qualifying Oklahoma K–12 student that wishes to participate may receive funding. _(Last updated December 12, 2024)_

On February 16, 2016, the Oklahoma Supreme Court in _Oliver v. Hofmeister_ ruled that the Lindsey Nicole Henry Scholarship is constitutional, in a 9-0 decision with one concurring opinion. Several factors were key to the court’s decision: 1) participation in the voucher program is voluntary; 2) a parent’s choice of school is strictly independent; 3) education funding flows from the state to the parent; 4) the program itself is neutral regarding religion; 5) any benefit to a private school is derived from the parent’s choice, not the state; 6) there is no adverse impact on the ability of religious schools to act independently of state control; 7) there is a substantial benefit to the state when a child uses a voucher—it is not a gift. Citing the landmark _Zelman v. Simmons-Harris_ case (see Ohio | Cleveland Scholarship Program), the court said, “When the parents and not the government are the ones determining which private school offers the best learning environment for their child, the circuit between government and religion is broken.” _Oliver v. Hofmeister_ , 368 P.3d 1270 (Okla. 2016). Litigation originally began a few years prior. On November 20, 2012, the Supreme Court of Oklahoma in _Ind. Sch. Dist. No. 5 of Tulsa Co. v. Spry_ dismissed on procedural grounds the Jenks Public Schools system’s lawsuit against parents residing in their district using Lindsey Nicole Henry Scholarships for their children with special needs to access private schools that meet their unique needs, stating the school districts do not have standing as Oklahoma taxpayers to sue under the state’s constitution and that parents were the wrong parties to sue. _Ind. Sch. Dist. No. 5 of Tulsa Co. v. Spry_ , 2012 OK 98, 292 P.3d 19 (2012). _Oliver v. Hofmeister_ began in October 2013, when twelve plaintiffs renewed the 2012 legal challenge, this time with proper litigants. The Oklahoma County District Court ruled that the Lindsey Nicole Henry Scholarship for Students with Disabilities program violated Article 2, Section 5—the Oklahoma Constitution’s Blaine amendment—only insofar as the program allowed public funds to be used to pay tuition at private “sectarian” schools, described by the court to be like “Notre Dame . . . a Catholic institution through and through” where “religion influences every aspect.” Paying tuition at private “religious-affiliated” schools like “Southern Methodist University . . . Methodist in name only” was deemed permissible by this narrow ruling. _Oliver v. Barresi_ , No. CV-2013-2072. _(September 10, 2014)_