OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA

January 18, 2011

Dr. Cathy Burden Superintendent, Independent School District 9 Union Public Schools 8506 East 61 st Street Tulsa, Oklahoma 74133 Re: Lindsey Nicole Henry Scholarships for Students With Disabilities Act, 70 O.S. Supp. 2010, 13-101.1 et seq. GREETINGS: I am certain you are aware that in its last session the Oklahoma Legislature enacted the Lindsey Nicole Henry Scholarships for Students With Disabilities Act, 70 O.S. Supp. 2010, 13-101.1 et seq., empowering parents of children with disabilities for whom an individualized education program is required pursuant to the Individuals with Disabilities Education Act, to exercise an option to obtain scholarship monies from the local school district in which they reside to fund their child's enrollment and attendance in a private school approved by the State Department of Education. I am informed that though eligible parents have notified your District and chosen to exercise their right and option under the Act to place their eligible child in a private school, your school district has chosen to disregard its duties under the referenced Act to provide funds to the eligible private school in accordance with the Act. I am also informed that your decision is continuing in force and effect as of the date of this correspondence. Laws enacted by the Legislature express the collective will of the People of Oklahoma, are presumed Constitutional, and no executive officer has the right to simply ignore the directives contained in such laws. In this State, only the Courts may authoritatively determine the Constitutionality of our laws. It is the duty of public officers to obey such laws unless and until such laws are determined by Courts to be unconstitutional. Willful neglect or disobedience to performing duties established by Law exposes you and members of your Board of Education to legal liabilities, both official and personal.

313 N.E. 21 sT STREET OKLAHOMA CITY, OK 73105 (405) 521-3921 FAx: (405) 521-6246

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Please be advised that unless you notify me by no later than Monday, January 24, 2011, that you will discontinue your present course, and promptly execute the duties of your School District set forth in the Act and promptly give scholarships for the period for which they were requested, I will take such legal action available to me as Attorney General of Oklahoma as appropriate to enforce the requirements of Law. Very respectfully yours,

ruitt Attorney General of Oklahoma ESP:slh cc: Ed Payton, Chairman of the Board for Union Public Schools Janet Barressi, Oklahoma State Superintendent of Schools