OK State Department of Education hides memo warning of illegal activity

Agency hides memo warning of illegal activity

by Ray Carter -- Director, Center for Independent Journalism

The Oklahoma State Department of Education (OSDE) has stripped its website of a memo issued by the state attorney general, which warns that the agency has acted illegally in its administration of a state program for children with special needs.

An OSDE spokesperson said the document is shielded from public view by attorney-client privilege.
The Lindsey Nicole Henry (LNH) Scholarships for Students with Disabilities program provides scholarships to students with special needs and foster children, allowing them to attend private schools. The LNH law requires that participating private schools comply with the antidiscrimination provisions of a section of federal law that bars discrimination “on the ground of race, color, or national origin.” Those are the only three categories listed.

However, under the leadership of State Superintendent of Public Instruction Joy Hofmeister, the OSDE drafted new regulations in 2019 that expanded that list to cover nine categories, including “religion” and “sexual orientation.” The additions were made nine years after the program was created.

As a result of those additions, the State Board of Education has not approved the application of Christian Heritage Academy to serve LNH students with one board member explicitly saying a private school cannot require its staff to be “mature Christian teachers” and still participate in the LNH program under the agency’s new regulations.

Small: Hofmeister, State Board of Education discriminating against Christians

Anti-Christian discrimination reaches Oklahoma

By Jonathan Small

It’s no secret government officials often target traditional Christians for harassment, but Oklahomans often view that as a problem that happens in other states, not here. Sadly, that’s not true.

In 2010, lawmakers passed and the governor signed into law the Lindsey Nicole Henry (LNH) Scholarships for Students with Disabilities program. It provides state scholarships for certain students—those with special needs like autism, or foster children—to attend private schools.

A few things are required for schools to participate. The LNH law requires that participating private schools comply with the antidiscrimination provisions of a section of federal law that bars discrimination “on the ground of race, color, or national origin.”

Those are the only three categories listed. Yet, under the leadership of State Superintendent of Public Instruction Joy Hofmeister, the OSDE drafted new regulations that added “religion” and “sexual orientation” to that list.

OCPA: OK Dep't of Education must stop discriminating against Christians

OCPA: OK Dept. of Education must stop discriminating against Christians

OKLAHOMA CITY (November 11, 2020)— Jonathan Small, president of the Oklahoma Council of Public Affairs, issued the following statement today regarding apparently illegal action taken by the Oklahoma State Department of Education to restrict student opportunity and bar Christian schools from participating in the Lindsey Nicole Henry (LNH) Scholarships for Students with Disabilities program.

“By unilaterally rewriting state law, the Oklahoma State Department of Education is restricting educational opportunity for some of Oklahoma’s most vulnerable children, including students with special needs and foster children, while also engaging in anti-Christian discrimination that is likely to prompt successful lawsuits. Rather than double-down on illegal and unconstitutional discrimination, OSDE and the State Board of Education should immediately repeal their illegal and discriminatory rule that harms children, and approve the applications of Altus Christian Academy and Christian Heritage Academy, as they have approved the applications of numerous other private Christian schools over the last decade. That will not only avoid embarrassment for the state, but also ensure Oklahoma students and schools are treated with the respect they deserve.”