1| SENATE FLOOR VERSION |
| March 1, 2023 |
2| AS AMENDED |
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3|SENATE BILL NO. 358 By: Daniels of the Senate |
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4| and |
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5| Echols and Conley of the |
| House |
6| |
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7| |
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8| [ Lindsey Nicole Henry Scholarships for Students with |
| Disabilities Program - eligibility - exemption - |
9| calculation - effective date - emergency ] |
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10| |
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11| |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, is |
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14|amended to read as follows: |
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15| Section 13-101.2. A. There is hereby created the Lindsey |
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16|Nicole Henry Scholarships for Students with Disabilities Program. |
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17|The Lindsey Nicole Henry Scholarships for Students with Disabilities |
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18|Program is established to provide a scholarship to a private school |
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19|of choice for students with disabilities for whom an individualized |
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20|education program (IEP) in accordance with the Individuals with |
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21|Disabilities Education Act (IDEA) or an individualized service plan |
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22|pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes |
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23|has been developed at any time prior to notifying the State |
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24|Department of Education of the intent to participate in the Program |
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1|and the IEP is in effect at the time the request for a scholarship |
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2|is received by the State Department of Education. Scholarships |
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3|shall be awarded beginning with the 2010-2011 school year. |
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4| B. The parent or legal guardian of a public school student with |
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5|a disability may exercise their parental option and request to have |
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6|a Lindsey Nicole Henry Scholarship awarded for the child to enroll |
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7|in and attend a private school in accordance with this section and |
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8|the scholarship shall be awarded if: |
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9| 1. The student has spent the prior school year in attendance at |
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10|a public school in this state. For purposes of this section, "prior |
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11|school year in attendance" means that the student was enrolled in |
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12|and reported by a school district for funding purposes during the |
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13|preceding school year regardless of whether or not the student had |
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14|an IEP at the time the student was counted for funding purposes. A |
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15|student who is a child of a member of the United States Armed Forces |
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16|who transfers to a school in this state from out of state or from a |
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17|foreign country pursuant to a permanent change of station orders of |
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18|the parent shall be exempt from the requirements of this paragraph |
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19|but shall be required to meet all other eligibility requirements to |
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20|participate as provided for in this section. A student who has been |
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21|provided services under an Individual Family Service Plan through |
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22|the SoonerStart program and during transition was evaluated and |
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23|determined to be eligible for school district services shall be |
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24|exempt from the requirements of this paragraph but shall be required |
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1|to meet all other eligibility requirements to participate as |
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2|provided for in this section. A an IEP or individualized service |
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3|plan as provided for in subsection A of this section; provided, |
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4|however, a student who was in out-of-home placement with the |
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5|Department of Human Services,; who was adopted while in the |
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6|permanent custody of the Department of Human Services, an |
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7|international child-placing agency, a child-placing agency in this |
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8|state, or a federally recognized Indian tribe; who is enrolling or |
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9|is enrolled in a school that exclusively serves students |
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10|experiencing homelessness; or who was in out-of-home placement with |
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11|the Office of Juvenile Affairs shall be exempt from the requirements |
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12|of this paragraph but shall be required to meet all other |
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13|eligibility requirements to participate as provided for in this |
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14|section not be required to have an IEP or an individualized service |
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15|plan; and |
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16| 2. The parent or legal guardian has obtained acceptance for |
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17|admission of the student to a private school that is eligible for |
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18|the program as provided in subsection H of this section and has |
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19|notified the State Department of Education of the request for a |
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20|scholarship. Requests to participate in the program made after |
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21|December 1 shall be granted, but funding for scholarships requested |
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22|after December 1 shall not be available until the beginning of the |
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23|next school year. The request shall be through a communication |
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24|directly to the Department in a manner that creates a written or |
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arsid2239972 SENATE FLOOR VERSION - SB358 SFLR Page 3
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1|electronic record of the request and the date of receipt of the |
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2|request. The Department shall notify the school district in which |
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3|the student is enrolled, if applicable, upon receipt of the request. |
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4| For purposes of continuity of educational choice, the scholarship |
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5|shall remain in force until the student returns to enrolls in a |
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6|public school, graduates from high school, or reaches the age of |
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7|twenty-two (22), whichever occurs first. At any time, the parent or |
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8|legal guardian of the student may remove the student from the |
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9|private school and place the student in another private school that |
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10|is eligible for the program as provided in subsection H of this |
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11|section or place the student in a public school. |
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12| C. A student shall be eligible for a scholarship if the parent |
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13|or legal guardian of the student made a request for a scholarship |
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14|for the 2010-2011 school year and the student transferred to an |
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15|eligible private school but was subsequently denied a scholarship |
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16|because the student did not have an IEP in effect on October 1, |
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17|2009, but did meet all other eligibility requirements as set forth |
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18|in the Lindsey Nicole Henry Scholarships for Students with |
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19|Disabilities Program Act. |
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20| D. A student shall not be eligible for a Lindsey Nicole Henry |
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21|Scholarship if the student is not having regular and direct contact |
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22|with the private school teachers at the physical location of the |
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23|private school. |
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24| |
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arsid2239972 SENATE FLOOR VERSION - SB358 SFLR Page 4
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1| E. School districts shall notify the parent or legal guardian |
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2|of a public school student with a disability of all options |
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3|available pursuant to this section and inform the parent or legal |
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4|guardian of the availability of information about the program from |
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5|the State Department of Education through the toll-free telephone |
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6|number or website. The notification shall be provided with or |
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7|included in the copy of the "Parents Rights in Special Education: |
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8|Notice of Procedural Safeguards" document given to parents at least |
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9|annually or as otherwise required by law. |
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10| F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall |
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11|have the same effect as a parental revocation of consent to service |
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12|pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the |
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13|IDEA. |
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14| 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the |
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15|parent or legal guardian shall assume full financial responsibility |
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16|for the education of the student, including but not limited to |
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17|transportation to and from the private school. |
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18| G. If the parent or legal guardian requests a Lindsey Nicole |
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19|Henry Scholarship and the student is accepted by the private school |
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20|pending the availability of a space for the student, the parent or |
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21|legal guardian of the student shall notify the State Department of |
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22|Education before entering the private school and before December 1 |
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23|in order to be eligible for the scholarship during the school year |
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24|when a space becomes available for the student in the private |
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1|school. If notification is made after December 1, payment of the |
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2|scholarship shall not begin until the next school year. |
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3| H. 1. To be eligible to participate in the Lindsey Nicole |
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4|Henry Scholarships for Students with Disabilities Program, a private |
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5|school shall notify the State Department of Education of its intent |
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6|to participate. The notice shall specify the grade levels and |
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7|services that the private school has available for students with |
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8|disabilities who are participating in the scholarship program. The |
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9|State Department of Education shall approve a private school as |
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10|eligible to participate in the scholarship program upon |
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11|determination that the private school: |
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12| a. meets the accreditation requirements set by the State |
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13| Board of Education or another accrediting association |
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14| approved by the State Board of Education. The State |
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15| Department of Education shall list on its website all |
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16| accrediting associations approved by the Board, |
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17| b. demonstrates fiscal soundness by having been in |
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18| operation for one (1) school year or providing the |
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19| State Department of Education with a statement by a |
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20| certified public accountant confirming that the |
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21| private school desiring to participate is insured and |
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22| the owner or owners have sufficient capital or credit |
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23| to operate the school for the upcoming year by serving |
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24| the number of students anticipated with expected |
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1| revenues from tuition and other sources that may be |
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2| reasonably expected. In lieu of a statement, a surety |
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3| bond or letter of credit for the amount equal to the |
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4| scholarship funds for any quarter may be filed with |
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5| the Department, |
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6| c. complies with the antidiscrimination provisions of 42 |
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7| U.S.C., Section 2000d, |
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8| d. meets state and local health and safety laws and |
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9| codes, |
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10| e. will be academically accountable to the parent or |
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11| legal guardian for meeting the educational needs of |
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12| the student, |
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13| f. employs or contracts with teachers who hold |
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14| baccalaureate or higher degrees, or have at least |
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15| three (3) years of teaching experience in public or |
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16| private schools, or have special skills, knowledge, or |
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17| expertise that qualifies them to provide instruction |
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18| in subjects taught, |
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19| g. complies with all state laws relating to general |
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20| regulation of private schools, and |
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21| h. adheres to the tenets of its published disciplinary |
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22| procedures prior to the expulsion of a scholarship |
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23| student. |
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24| |
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1| 2. Upon approval of a private school, the State Department of |
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2|Education shall provide on its website all information and material |
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3|submitted by the private school with its application. |
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4| I. 1. Lindsey Nicole Henry Scholarship Program participants |
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5|shall comply with the following: |
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6| a. the parent or legal guardian shall select the |
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7| private school from the schools approved for |
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8| eligibility pursuant to subsection H of this section |
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9| and apply for the admission of the child, |
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10| b. the parent or legal guardian shall request the |
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11| scholarship no later than December 1 of the school |
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12| year during which the scholarship is requested, |
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13| c. any student participating in the scholarship |
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14| program shall attend throughout the school year, |
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15| unless excused by the school for illness or other good |
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16| cause, and shall comply fully with the code of conduct |
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17| for the school, |
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18| d. the parent or legal guardian shall fully comply |
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19| with the parental involvement requirements of the |
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20| private school, unless excused by the school for |
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21| illness or other good cause, and |
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22| e. upon issuance of a scholarship warrant, the |
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23| parent or legal guardian to whom the warrant is made |
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24| shall restrictively endorse the warrant to the private |
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1| school for deposit into the account of the private |
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2| school. The parent or legal guardian may not |
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3| designate any entity or individual associated with the |
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4| private school as the attorney in fact for the parent |
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5| or legal guardian to endorse a warrant. A parent or |
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6| legal guardian who fails to comply with this |
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7| subparagraph shall forfeit the scholarship. |
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8| 2. A participant who fails to comply with this subsection |
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9|forfeits the scholarship. |
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10| J. Provisions governing payment of a Lindsey Nicole Henry |
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11|Scholarship shall be as follows: |
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12| 1. The State Department of Education shall calculate the total |
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13|cost of all scholarships for all eligible students in the state. |
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14|The State Department of Education shall then reserve or retain from |
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15|the total amount appropriated to the State Board of Education for |
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16|State Aid purposes and any other revenue available for allocation |
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17|for State Aid purposes the total cost for all scholarship payments; |
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18| 2. The maximum scholarship granted for an eligible student with |
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19|disabilities shall be a calculated amount equivalent to the total |
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20|State Aid factors for the applicable school year multiplied by the |
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21|grade and disability weights generated by that for which the student |
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22|is eligible for the applicable school year. The disability weights |
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23|used in calculating the scholarship amount shall include all |
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24|disability weights which correspond to the disabilities included in |
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1|the multidisciplinary evaluation and eligibility group summary for |
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2|the student at the time the request for a scholarship is made by the |
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3|parent or legal guardian. The maximum scholarship amount shall be |
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4|calculated by the State Board of Education for each year the student |
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5|is participating in the scholarship program; |
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6| 3. The amount of the scholarship shall be the amount calculated |
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7|in paragraph 2 of this subsection or the amount of tuition and fees |
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8|for the private school, whichever is less, minus up to two and |
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9|one-half percent (2 1/2%) of the scholarship amount which may be |
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10|retained by the State Department of Education as a fee for |
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11|administrative services rendered. If a private school does not |
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12|charge tuition, the amount of the scholarship shall be the amount |
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13|calculated in paragraph 2 of this subsection minus up to two and |
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14|one-half percent (2 1/2%) of the scholarship amount which may be |
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15|retained by the State Department of Education as a fee for |
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16|administrative services rendered. The amount of any assessment fee |
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17|required by the private school and the amount associated with |
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18|providing services and therapies to address the disabilities of the |
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19|student may be paid from the total amount of the scholarship. The |
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20|amount of the scholarship shall be prorated to reflect the number of |
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21|days remaining in the current school year, if the scholarship |
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22|request is granted after the beginning of the school year; |
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23| 4. The State Department of Education shall notify the private |
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24|school of the amount of the scholarship within ten (10) days after |
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1|receiving the request for a scholarship, when the total State Aid |
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2|factors have been determined for the current fiscal year. The |
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3|initial payment shall be made after the Department verifies |
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4|admission acceptance and enrollment. Quarterly payments shall be |
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5|made upon verification of continued enrollment and attendance at the |
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6|private school. Payment shall be made by the Department with an |
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7|individual warrant made payable to the parent or legal guardian of |
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8|the student and mailed by the Department to the private school that |
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9|the parent or legal guardian chooses. The parent or legal guardian |
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10|shall restrictively endorse the warrant to the private school for |
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11|deposit into the account of the private school; |
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12| 5. The State Department of Education shall not be responsible |
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13|for any additional costs associated with special education and |
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14|related services incurred by the private school for the student |
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15|including the cost of teachers, equipment, material, and special |
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16|costs associated with the special education class; |
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17| 6. The State Department of Education shall establish a |
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18|toll-free telephone number or website that provides parents or legal |
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19|guardians and private schools with information about the program; |
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20| 7. The State Department of Education shall require an annual, |
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21|notarized, sworn compliance statement by participating private |
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22|schools certifying compliance with state laws and shall retain all |
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23|records received from a participating private school. The State |
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24| |
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1|Department of Education shall post on its website the annual |
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2|compliance statement for each participating private school; and |
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3| 8. The State Department of Education shall cross-check the list |
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4|of participating scholarship students with the public school |
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5|enrollments prior to each scholarship payment to avoid duplication. |
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6| K. 1. The State Superintendent of Public Instruction shall |
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7|deny, suspend, or revoke the participation of a private school in |
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8|the scholarship program if it is determined that the private school |
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9|has failed to comply with the provisions of this section. However, |
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10|in instances in which the noncompliance is correctable within a |
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11|reasonable amount of time and in which the health, safety, or |
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12|welfare of the students is not threatened, the Superintendent may |
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13|issue a notice of noncompliance which shall provide the private |
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14|school with a time frame within which to provide evidence of |
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15|compliance prior to taking action to suspend or revoke participation |
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16|in the scholarship program. |
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17| 2. If the Superintendent intends to deny, suspend, or revoke |
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18|the participation of a private school in the scholarship program, |
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19|the Department shall notify the private school of the proposed |
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20|action in writing by certified mail and regular mail to the private |
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21|school's address of record with the Department. The Department |
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22|shall also notify any parents or legal guardians of scholarship |
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23|students attending the private school. The notification shall |
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24| |
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1|include the reasons for the proposed action and notice of the |
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2|timelines and procedures set forth in this subsection. |
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3| 3. The private school that is adversely affected by the |
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4|proposed action shall have fifteen (15) days from receipt of the |
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5|notice of proposed action to file with the Department a request for |
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6|an administrative hearing proceeding pursuant to the Administrative |
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7|Procedures Act. |
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8| 4. Upon receipt of a request for a hearing, the State Board of |
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9|Education shall commence a hearing within sixty (60) days after the |
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10|receipt of the formal written request and enter an order within |
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11|thirty (30) days after the hearing. |
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12| 5. The Board may immediately suspend payment of scholarship |
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13|funds if it is determined that there is probable cause to believe |
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14|that there is an imminent threat to the health, safety, or welfare |
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15|of the students or fraudulent activity on the part of the private |
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16|school. |
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17| L. No liability shall arise on the part of the state, the State |
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18|Board of Education, the State Department of Education, or a school |
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19|district based on the award or use of any scholarship provided |
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20|through the Lindsey Nicole Henry Scholarships for Students with |
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21|Disabilities Program. |
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22| M. The inclusion of private schools within options available to |
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23|public school students in Oklahoma shall not expand the regulatory |
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24|authority of the state or any school district to impose any |
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1|additional regulation of private schools beyond those reasonably |
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2|necessary to enforce the requirements expressly set forth in this |
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3|section. |
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4| N. If the State Department of Education determines that a |
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5|school district prior to the effective date of this act August 26, |
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6|2011, has failed to comply with the provisions of the Lindsey Nicole |
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7|Henry Scholarships for Students with Disabilities Program Act and |
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8|has failed to make full or partial scholarship payments for eligible |
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9|students, the Department shall have authority to reduce the amount |
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10|of State Aid allocated to the school district or require the school |
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11|district to make repayment to the Department of State Aid |
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12|allocations in an amount equal to the amount of scholarship payments |
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13|the school district failed to make. The Department shall make |
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14|payment to the parent or legal guardian in the amount the school |
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15|district failed to make in the manner as provided for in subsection |
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16|J of this section. |
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17| O. The State Department of Education shall annually prepare and |
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18|post on its website a report of Lindsey Nicole Henry Scholarships |
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19|for Students with Disabilities Program. The annual report shall |
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20|include, but not be limited to, the following information: |
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21| 1. The total number and amount of scholarships awarded and |
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22|reported for each participating private school; |
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23| 2. The total number of scholarships denied; |
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24| |
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1| 3. The total number and amount of scholarship payments |
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2|suspended for each participating private school; and |
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3| 4. Data on participating students, disaggregated by years of |
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4|participation in the program, grade level, economically |
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5|disadvantaged status, racial and ethnic groups, and disability |
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6|category. |
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7| SECTION 2. This act shall become effective July 1, 2023. |
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8| SECTION 3. It being immediately necessary for the preservation |
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9|of the public peace, health, or safety, an emergency is hereby |
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10|declared to exist, by reason whereof this act shall take effect and |
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11|be in full force from and after its passage and approval. |
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12|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS |
|March 1, 2023 - DO PASS AS AMENDED |
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