Ind. Sch. Dist. No. 5 of Tulsa Co. v. Spry

Litigation: Challenging parents of children with special needs who chose to use a voucher to fund private school tuition for their children. Parents were sued directly by several public school districts. Opposed to educational choice program: American Civil Liberties Union; American Civil Liberties of Oklahoma; Cooperative Council for Oklahoma School Administration; Oklahoma School Boards Association In support: Archdiocese of Oklahoma City; Becket Law; Council for Oklahoma School Administration; Friedman Foundation for Educational Choice; Good Shepherd Catholic School: Oklahoma Sen. Patrick Anderson and State Representative Jason Nelson; Robert H. Henry, CEO of Oklahoma City University; Tai Chan Du, attorney with disabilities; William Hickman, attorney for children with special needs.

Outcomes: On November 20, 2012, the Supreme Court of Oklahoma dismissed on procedural grounds the Jenks Public Schools system’s lawsuit against parents using Lindsey Nicole Henry Scholarships, 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.

Why it Matters: This case serves as an example of how NOT to litigate a case against vouchers for children with special needs. A handful of northeastern Oklahoma public school districts sued parents of children with special needs instead of suing the proper party, the state. They sued parents for using vouchers that had been enacted by the legislature and signed into law by Gov. Brad Henry.

Effects: Parents were compelled to secure their own attorneys; the state could only intervene on behalf of the state as the public school districts sued parents, not the state. The callousness of this clumsy legal approach revealed why parents wanted vouchers – the districts disregarded the needs of their children both before and during the litigation. Six students used vouchers in 2011; today, 996 students are benefitting from the Lindsey Nicole Henry Scholarship for Children With Disabilities.

Amicus Brief