Shades of Gray (and Red Dirt) Lead to Political Civility

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.

Beyond the positive legislation that survived the Legislature’s deadline last week, many with overwhelming support, there was a tremendous financial gift given to Oklahoma. This support will undoubtedly provide a positive impact for children in need of hope. I had the pleasure of being invited to the announcement of a $10 million matching initiative provided by Arnold Ventures over the next four years for Oklahoma youth programs. The partnership will initially focus on community-driven programs that have a demonstrated record of unlocking students’ potential. “This partnership highlights our commitment to world-class education, workforce readiness, and ensuring every young Oklahoman has the tools they need to achieve their full potential and thrive,” proclaimed Gov. Kevin Stitt. Laura and John Arnold, the founders and co-chairs of Arnold Ventures, were present at the announcement where more than 100 Oklahomans gathered to hear the news. “With policymakers facing increasingly complex problems and the need to balance budgets, it’s crucial to support strategies with the greatest potential to drive real, measurable outcomes for children, families, and communities,” said Laura Arnold. “We look forward to working with Governor Stitt and his team in Oklahoma on this significant partnership.” I had the opportunity to personally visit with the Arnolds following the announcement. Their excitement about the opportunity to do good in our state was obvious, and I certainly appreciate what their donation will do for many areas of the work that the Oklahoma Institute for Child Advocacy (OICA) supports through our collaborative partners. Potential initiatives which would bolster areas of need that were included in the release, though certainly not limited to these, are: • Saga Tutoring – This proven educational intervention provides intensive math tutoring services to 9th and 10th graders in low-income high schools. Large, well-conducted randomized controlled trials found that Saga produced a sustained increase in students’ math achievement. • Wendy’s Wonderful Kids – This program recruits adoptive families for children in foster care or other out-of-home placements. A large, well-conducted randomized controlled trial found Wendy’s Wonderful Kids increased adoption rates by more than one-third over a period of several years. Both of these policy areas are points where Oklahoma has been struggling. There is legislation going through this session which could also provide improvements. House Bill 2030, authored by Rep. Nick Archer, R-Elk City and Sen. Kristen Thompson, R-Oklahoma City, would increase foster care rates to help care for those youth. There is also Senate Bill 215 by Sen. Ally Seifried, R-Claremore, and Speaker Pro Tempore Anthony Moore, R- Clinton, which would create the Oklahoma Math Achievement and Proficiency Act, a directive to screen students in grade school and provide interventions to help those who are struggling. Thank you again to the Arnolds for this generous support for Oklahoma’s youth. If you have a program you feel might qualify and benefit from financial assistance through these matching funds, which includes public school districts, contact Brian Bobek of DHS at Brian.Bobek@gov.ok.gov for more information. Such investments with private dollars are increasingly vital for providing services to assist in areas of need. I also want to thank all those many Oklahoma family foundations and philanthropists that provide generous support for improving the quality of life for Oklahomans. OICA certainly benefits from those foundations who support our mission. If you are in a position in life where you would like to see a mission supported beyond your own time of life, consider reaching out to one of the several foundation management organizations in Oklahoma to establish your own private family foundation with an endowment. This will ensure the work of charitable organizations that you cherish may continue to do good well into the future.

As we approach the end of March, this week marks the second major in-session deadline for legislation at the Oklahoma Legislature. At the end of this week, all bills up for consideration in the house of origin must either pass and be sent to the opposite body or be held over for discussion next year. This deadline eliminates a significant portion of the ideas filed by lawmakers, but there is still the possibility that a concept could be amended into another bill. This requires a daily monitoring of filed amendments. So, for those of you who are worried about some topic, nothing is ever truly “dead” in the Legislature until they adjourn for the final time at the end of May. The budget is still a source of concern as lawmakers have less money this year to pay for the services Oklahomans need and expect than they did last year. This is primarily because of the ending of the state’s portion of the grocery sales tax and other economic factors, such as federal matching dollars facing reduction. Governor Stitt would still like to see a complete elimination of state income taxes, but it is not clear what revenue streams would be increased to balance the budget cuts, or if he would put forward a decrease in state services in his final two years. That would be up to the Legislature to determine ultimately. Back on the state budget, lawmakers are considering many ideas which could cost additional revenue, so they must cautiously proceed. One way they balance the policy work with the budget at these early stages is through a procedural process called “striking the title” or “striking the enacting clause” on a bill that costs money. The Oklahoma Constitution spells out that every piece of legislation enacted by the Legislature must have a title, which is the summary of the content at the very beginning of a bill, and an enacting clause, which is a line in every bill that says, “Be it enacted by the people of the state of Oklahoma.” When lawmakers present a motion to strike one or the other, and it is adopted, that bill will have to be considered again before it could be sent to the governor. This allows lawmakers to calculate the total cost for all the bills considered during the current legislative session. Understanding the language in bills can be difficult for those who have not worked regularly in the process. A program that I belonged to in my college days, the Oklahoma Intercollegiate Legislature, prepared a bill-writing guide for students who participated in the mock legislature and who wanted to write ideas in the form of legislation for consideration at their conference. I took this guide and modified it to reflect the state legislative process, so I hope this will help you understand each of the different things that you will find in legislation better. You can find the guide at https://tinyurl.com/OkLegHandbook on the Oklahoma Institute for Child Advocacy (OICA) website under “Advocacy Resources.” This section also includes other resources which should help prepare you better for engaging in the legislative process. I finish this week by sharing sad news of the passing of two former state senators who had an impact on my life. Marvin York, who served in both the House and the Senate from south Oklahoma City, was the Senate President Pro Tempore from 1981-1985. Billie Floyd, who represented Ada, served one term in the state Senate. Both were strong advocates, especially for equality, and they accomplished much during their time in office. OICA extends our deepest condolences to their families. 

Oklahoma received good news last week: the long-running Pinnacle Plan, a settlement agreement for the class action lawsuit filed against the Department of Human Services, was finalized. On May 5, 2009, plaintiff children sued state officials alleging policies and procedures adopted by the state subjected foster children to significant, ongoing harm and risk of harm, deprivation of the chance for safe and stable childhoods, and violation of their constitutional and statutory rights. It was found by the courts in the class action lawsuit that “From FFY 2002 to FFY 2008, DHS's (Department of Human Services) reported abuse-in-care rate was among the five highest reporting jurisdictions in the country. For every year from federal fiscal year ("FFY") 2002 through FFY 2010, DHS's abuse in-care rate has been 1.54 to 3.97 times greater than the federal standard.” A March 2011 DHS report showed that more than 5,300 children in out-of-home care (68% of the total number of such children) had a primary caseworker whose caseload was greater than 20 children; more than 3,000 children had a primary worker whose caseload was greater than 25 children; and more than 1,200 children had a primary caseworker whose caseload was more than 30 children. On December 11, 2011, the court granted defendants’ motion for summary judgment on the plaintiffs’ claims for violation of liberty and privacy rights and violation of their procedural due process rights. The Commission for Human Services met on Jan. 4, 2012, and approved changes made by the Contingency Review Board (CRB) to a settlement agreement, which was first approved on Dec. 20, 2011, by the Commission and Children's Rights, a child advocacy group representing children in the state's foster care system in the lawsuit. As part of this settlement agreement, DHS developed an improvement plan, called the Oklahoma Pinnacle Plan, which guided the agency as it worked to make improvements in the way it cares for children in foster care. As part of the settlement agreement, three out-of-state child welfare experts were named to oversee the development of the child welfare improvement plan and its implementation. Both DHS and Children's Rights participated in the selection of the panel members. The panel monitored the state's compliance with the proposed improvements. Much thanks go to the individuals who worked so hard on this, including Dr. Deb Shropshire who oversaw Child Welfare Services at the time, and the DHS Directors who oversaw this effort. We also cannot forget the countless workers who have helped improve the way in which children receive support. Thanks also go to the lawmakers who were heavily involved then and now to ensure the Pinnacle Plan did not see setbacks, and Gov. Mary Fallin and Gov. Kevin Stitt for demanding that OKDHS budgets not be slashed during tough economic times, which would have certainly delayed this conclusion. While the plan’s finalization is certainly good news, many of these same circumstances remain as problems. Caseworker loads have improved, but there is still much put upon these individuals to oversee cases throughout the state. Lawmakers should enhance funds to reduce loads and improve preventative resources, so children do not enter the system in the first place. Rep. Nick Archer, R-Elk City, has written legislation this session to increase traditional foster care daily rates from $17.72 to $22.72, a much-needed bump to address the decline in numbers of families willing to foster and bear increased familial costs. More families are desperately needed to help take in these children. While we have much good to celebrate, we also must remain steadfast that things do not take a backslide. The Oklahoma Institute for Child Advocacy (OICA) will remain persistent in promoting further positive improvements with our state’s child welfare system. 

Joe Dorman, CEO of the Oklahoma Institute for Child Advocacy (OICA) responded to a news release announcing that Oklahoma Human Services has been released from the Pinnacle Plan and is no long subject to the oversight of child welfare monitors. “We at the Oklahoma Institute for Child Advocacy welcome this news and applaud the improvement made at Oklahoma Human Services through the years under the Pinnacle Plan court order,” Dorman said. “And personally, as a lawmaker who supported the series of legislation which implemented the standards which DHS had to follow under this plan, I am extremely happy to see this come to successful culmination.” “OICA was created to be an outside watchdog on state government in matters relating to child well-being due to an earlier court case, the Terry D. Lawsuit. We look forward to working with Oklahoma Human Services to assist with their promise to ‘continue working with community partners, legislators, and other stakeholders to maintain transparency and ensure Oklahoma families have the resources they need for lifelong success,” said Dorman. “We never want to return to a place where another such action is needed to protect children placed in these systems. We remind officials that although progress has been made, we have a long way to go before we end the trauma experienced by Oklahoma's children. We encourage lawmakers to continue to invest in education, healthcare, and family support programs that stabilize Oklahoma's fragile families.” 

I want to extend my condolences to those families who were impacted by severe storms this past week. From reports that were aired, it sounds like many Oklahomans were lucky to get away with only property damage as two Mississippians were killed by a tornado. You simply do not know when the next damaging or fatal tornado will strike and where. Our state consistently ranks in the top three for areas impacted by the variety of storms, fires, and other catastrophes. Thankfully, the National Weather Service based in Norman provides location-based notifications about extreme weather events that are transmitted directly to your phone using a Wireless Emergency Alert (WEA). These alerts are issued by government authorities, including state and local safety agencies, the Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the Department of Homeland Security. The service does not track individuals by their billing address; rather, these are notifications sent by cell towers to mobile devices in the affected area. Every phone capable of receiving WEA notifications should receive them if you have cell coverage and alerts are allowed in your settings. To be safe, you should check your phone’s settings to ensure that it can receive alerts. For iPhones: -Tap “Settings" and then “Notifications." -Scroll to “Government Alerts” at the bottom of the screen. -Check that “Emergency Alerts" and “Public Safety Alerts" are turned on. The green circle indicates the alerts are on and enabled.  The instructions may vary on Android phones, but here is the standard: -In "Settings," find "Apps and Notifications." -Tap "Notifications." -Next, turn on "Allow alerts." -Make sure each of the alert types are enabled. While enabled, a loud tone will alert you whenever you receive a WEA. It is best to consult your phone carrier to ensure that you have your system set up properly. I own a battery-operated NOAA Weather Radio with a warning alarm for my home, preparedness I learned from my father. This makes an excellent back-up for home for the hours when one is asleep. These are often very affordable and can easily be set to your home location. Many municipalities do not provide storm shelters established for public use, so it is best to check with your local city hall to see if your community has one. Occasionally, county governments will offer grant assistance for home shelters, so watch for this support. Several rural schools have included the minimal extra cost to build shelter space for students and school employees for storms which hit during the daytime hours. Often, they will open these spaces to the community at night, but note the rules, such as most not allowing pets. Visit with your local school board to ensure that addition is included in future construction. I also want to share how FEMA reimbursements often work. When a disaster hits, FEMA will review the damage to public spaces, including cities, counties, electric cooperatives, and tribal facilities. The reimbursement rate is as follows: 75% coverage from the federal government, 12.5% covered by the state, and 12.5% paid for by the entity receiving damage. Individuals are rarely covered by property damage as that is up to private insurance. Following natural disasters, many young people face severe trauma, both physical and mental. I have heard stories of multiple surgeries required to heal people, often leaving families near bankruptcy. There also does not appear to be any structured support network to help with long-term mental trauma following disasters. I would encourage lawmakers and state agency leaders to explore assistance for such support services. This up-front care will provide work stability and decrease health issues long term. Further information for preparedness can be found at the Oklahoma Office of Emergency Management website at https://oklahoma.gov/oem.html and through your county emergency managers.

The Oklahoma Institute for Child Advocacy (OICA) is looking for leaders who are improving the lives of children within the state of Oklahoma. The purpose, according to CEO Joe Dorman, is to develop a “deep bench” of people working to improve the lives of children by connecting them and working together to improve the conditions often faced by the youth of our state. “We know there are countless Oklahomans working every day to improve the lives of our state’s children,” Dorman said. “What we hope to do is develop a network of those individuals and partner with them to boost all our mutual efforts to truly make Oklahoma the best place for a child to grow up.” To that end, OICA has placed on their website at https://oica.org a survey with which Oklahomans can recommend thought leaders for this purpose. The purpose is to grow OICA’s database of advocates statewide to invite them to collaborate on child policies and find solutions to the often-negative statistics faced by our state. OICA hosts Fall Forum, a conference where each year’s “Children’s Legislative Agenda” is developed to further policies and laws in our state which benefit children, and the Legislative Learning Lab, where advocates can learn the ins and outs of the Oklahoma Legislature and how to be a more effective voice for children. “This effort is a perfect way to further accomplish our stated mission,” said Dorman. “Our purpose, and one at which we have been successful, is to ‘create awareness, take action, and change policy to improve the health, safety, and well-being of Oklahoma’s children. Even with that success, we realize there is much, much more which needs to happen.’ “And there is no more noble effort than to make the future a little bit brighter for the most vulnerable among us, our children,” said Dorman. “By assembling the brightest minds who want to work on behalf of children, together we can do that much more.” 

PHOTO CUTLINE – State Rep. Nick Archer (left) receives the Legislator of the Year award from Oklahoma Care, , a non-profit 501(c)3 network of Oklahoma residential and foster care agencies. Archer, R-Elk City, was recognized for his work to increase the foster family reimbursement rate which has not been increased in nearly a decade. Making the presentation is Bryan Larison, CEO of Lion’s Meadows of Hope, a member organization of Oklahoma Care. It has been an interesting first month of the legislative session at the Oklahoma State Capitol with the focus on committee work. This year, the House of Representatives requires every bill to pass both a subcommittee and a parent committee. The Senate set extra time to consider legislation in committees. Several great ideas are moving forward. House Bill 2030 by Rep. Nick Archer, R-Elk City, and Sen. Kristen Thompson, R- Edmond, would increase foster care reimbursement rates by $5, up from the current $17.72 per day. This rate has not increased in nearly a decade, making it impossible for many families to be foster families. Representative Archer was recognized by Oklahoma Care , a non-profit 501(c)3 network of Oklahoma residential and foster care agencies , as their “Lawmaker of the Year” for his work on this issue. The bill passed the Appropriations Subcommittee on Human Services and is now before the full House Appropriations Committee. Another bill OICA is tracking is House Bill 1848 by Rep. Suzanne Schreiber, D-Tulsa. HB 1848 grants a tax credit to employers that provides a childcare subsidy to its employees or operates a childcare facility for its employees. The credit is equal to 30 percent of the subsidy amount or operating cost, limited to $30,000 per employer. The credit is for five years and is capped at $5 million in total claims each year. The bill was passed by both committees and will hopefully soon be scheduled for a vote by the House of Representatives. A high priority bill for OICA has already passed the Senate and has moved to the House of Representatives. Senate Bill 364 by Sen. Dave Rader, R-Tulsa and House Speaker Pro Tempore Anthony Moore, R-Clinton, prohibits government employees in schools from striking children who are special needs students under Individuals with Disabilities Education Act. The Senate passed the legislation by a vote of 30-16, and we await House action. Oklahoma has some amazing leaders working for children. OICA has worked with many who see the benefit of building better opportunities for young people. I recently attended the memorial service for Gene Rainbolt, a philanthropist who helped many through his efforts, and it made me realize that OICA needs to do a better job of sharing our message and serve as a resource for those who want help to serve children. Recently, not only did our state lose Rainbolt, but also former U.S. Sen. David Boren and former state Rep. Bobby Frame. At the local level close to me, Steve LaForge of Chickasha and Melvin Heath of Rush Springs also passed. Steve and Melvin proved you can make a positive difference for children without holding an elective office. There must be others, and OICA needs to do a better job of working with advocates across the state. We at OICA want to hear from you about those doing good work for young people so we can connect with them. You can help us find those who are doing significant work for children by going to https://tinyurl.com/OICAThoughtLeader and submit up to five youth-serving leaders with whom we can connect. Submit more by simply filling out the survey again. OICA recognizes individuals and organizations for their effort when we learn of them, but I also want to start conversations on how we can work together to turn around many of the negative statistics that face the children of our state. Most importantly, we need to build up these conversations so the local leaders might elevate their own work to new levels. Please help us build a strong network of those who want to improve our state.

The Oklahoma Institute for Child Advocacy (OICA) is a statewide nonprofit charged with “creating awareness, taking action, and supporting policy to improve the health, safety, and well-being of Oklahoma’s children.” An integral part of our work is to provide information to policymakers at all levels of government, from local to federal. We also share this research with those who will reach out to officials themselves, sharing their concerns regarding policy decisions under consideration. Solid data enhances life stories shared by citizens, making the stories more persuasive for policymakers. From my days as a state lawmaker, when my office received just a few calls about an issue from the people in my legislative district, I knew something serious was happening. The budget changes happening with the federal government will certainly have an impact on our state. OICA receives funding through a federal grant to help Oklahomans navigate the complex system of signing up for children’s health insurance through Medicaid, which the state calls SoonerCare. It is still unclear whether we will continue to receive funding due to the recent federal restrictions on many programs; the money is provided through the Centers for Medicare and Medicaid Services (CMS). In Oklahoma, there are 552,090 children as of December who are signed up for SoonerCare. The grant is important because an estimated 7% of children in Oklahoma qualify for this healthcare but are not enrolled by their families. Children qualifying for SoonerCare under the federal CHIP program are under age 19 and have a family or individual income between the maximum for standard eligibility and the expanded Federal Poverty Level income guidelines. From that, you can see how many families might simply not know if they qualify. For a family of one, which could be an independent minor, the income threshold in which to qualify is $31,632. For a family of two, the level is $42,948; for three, $54,240; and the numbers continue up based upon family size. Our work with this grant assists those seeking help to enroll for this temporary program until their economic situation can improve. As many Oklahomans can attest, it only takes one medical emergency for a family to end up in bankruptcy, further forcing families into other assistance programs through government or charitable support. This grant work helps get those who qualify on insurance to avoid such a catastrophe. If you would like to see if you qualify, call 1 (833) 465-7526 to visit with a navigator. For SoonerCare, federal funding covers a significant portion with a match of nearly 90%. If this program’s federal budget is cut, this will either pass the burden back to the states or the states will be forced to reduce eligibility numbers, meaning fewer people will have healthcare. Our state budget split has about 47% coming from federal funding. Only a fraction of state overall spending is actually allocated by the Oklahoma Legislature; most federal dollars are provided as a match based upon what the state spends, while some other dollars are predetermined spending as required by law. Now, add on to this that the state expects to receive less revenue from state taxes for the upcoming fiscal year, primarily due to the state grocery tax cut passed last year. Some at the State Capitol are discussing further tax cuts. We agree that budgets must be audited and some even streamlined, but blanket cuts will harm Oklahoma’s children. If you would like to share your thoughts with our federal delegation, this link - https://oklahoma.gov/mcgirt/contact-congress.html - provides their office information. One call could make the difference on whether cuts are made, and how this will impact decisions made by our own state lawmakers.