Bill Text For HB2520 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                            April 2, 2019                              |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 2520                  By: West (Tammy) of the House     |
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 5|                                         and                           |
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 6|                                         Pemberton of the Senate       |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       [ schools - alternative education - establishing                |
  |       annual deadline for alternative education plan -                |
11|       modifying funding - effective date          emergency           |
  |       ]                                                               |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1210.566, is   |
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16|amended to read as follows:                                            |
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17|    Section 1210.566  A.  Each year by December 1 June 30, every       |
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18|school district that serves middle school, junior high school and      |
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19|secondary school students in grades seven through twelve as outlined   |
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20|in this section shall conduct and report to the State Department of    |
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21|Education a needs assessment to identify those students in grades      |
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22|six through twelve who are most at risk of not completing a high       |
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23|school education for a reason other than that identified in Section    |
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24|13-101 of this title, including students under the age of nineteen     |
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 1|(19) who reside in the district and have dropped out of school or      |
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 2|are or have been suspended from school.  Districts shall utilize       |
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 3|data and information from juvenile justice agencies and the Office     |
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 4|of Accountability in conducting the needs assessments.  The results    |
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 5|of the needs assessments shall be reported to the State Department     |
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 6|of Education in a format specified by the Department.                  |
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 7|    B.  By May 1, 1995, every Every school district as specified in    |
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 8|subsection A of this section shall develop and submit to the State     |
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 9|Department of Education by September 1 of each year a proposed plan    |
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10|approved by the district board of education, for meeting the needs     |
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11|of the students at risk of not completing a high school education as   |
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12|identified through the needs assessment required in subsection A of    |
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13|this section by establishing, continuing or expanding alternative      |
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14|education programs.  The district shall include parents, students,     |
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15|teachers, law enforcement representatives, judicial system             |
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16|representatives, social service representatives, technology center     |
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17|school district representatives, and others deemed appropriate by      |
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18|the board of education in the development of the proposed plan.  If    |
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19|the school district overlaps a technology center school district or    |
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20|districts, the plan shall be coordinated with the board of education   |
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21|of each overlapped technology center school district.                  |
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22|    C.  The proposed plan shall be placed on file at the office of     |
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23|the school district superintendent where it shall be made available    |
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24|to the public on request.                                              |
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 1|    D.  By September 1, 1995, the State Board of Education shall       |
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 2|prepare and submit to the Legislature and the Governor a proposed      |
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 3|statewide plan, including a statement of needed funding, for the       |
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 4|provision of alternative education to students in grades six through   |
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 5|twelve who have been identified by school districts in their needs     |
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 6|assessments as being at risk of not completing a high school           |
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 7|education for a reason other than that identified in Section 13-101    |
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 8|of this title.  The plan should include provisions for cooperative     |
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 9|agreements to provide services for students in alternative education   |
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10|programs and coordination with the State Board of Career and           |
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11|Technology Education The annual needs assessment data shall be         |
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12|incorporated by the State Board of Education into an annual report     |
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13|which shall be made available on the State Department of Education     |
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14|website.  The report shall include a listing by school district of     |
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15|the number of students funded and the reported number of students      |
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16|served in an alternative education program.                            |
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17|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 1210.567, as   |
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18|amended by Section 25, Chapter 124, O.S.L. 2014 (70 O.S. Supp. 2018,   |
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19|Section 1210.567), is amended to read as follows:                      |
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20|    Section 1210.567  A.  Upon application of a district board of      |
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21|education, the State Board of Education shall authorize an             |
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22|abbreviated day schedule for an alternative school or alternative      |
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23|education program that is or will be administered by the district      |
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24|pursuant to the provisions of this act or for the education provided   |
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 1|for students in a residential or treatment facility located within     |
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 2|the district.  A student assigned to the enrolled in an alternative    |
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 3|school, an alternative education program or receiving educational      |
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 4|services in a residential or treatment facility within the district    |
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 5|who attends for a full abbreviated day shall be counted in             |
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 6|attendance for purposes of computing average daily attendance and      |
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 7|average daily membership for the district.                             |
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 8|    B.  A district board of education may authorize enrollment on a    |
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 9|part-time basis utilizing Internet-based courses for students who      |
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10|have dropped out of school or are or have been suspended from          |
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11|school.  State Aid shall be calculated for such students based upon    |
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12|the percentage of the total school day in which the student is         |
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13|enrolled multiplied by the appropriate grade level weight pursuant     |
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14|to Section 18-201.1 of this title, provided such student was           |
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15|enrolled at any time in a public school in this state during the       |
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16|previous three (3) school years.                                       |
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17|    C.  A district board of education shall hire only certified        |
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18|teachers to teach in an alternative education program or alternative   |
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19|education school offered by the district or to teach students who      |
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20|are in a residential or treatment facility.                            |
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21|    C.  A certified teacher in an alternative education program or     |
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22|school shall be paid five percent (5%) more than the designated        |
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23|salary step for that teacher within the adopted salary schedule of     |
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24|the school district.                                                   |
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 1|    D.  No later than August 1, 1994, the A person providing           |
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 2|counseling or social services in an alternative education program or   |
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 3|school shall be certified as a school counselor by the State Board     |
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 4|of Education or as a mental health provider.                           |
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 5|    E.  The State Board of Education in consultation with the          |
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 6|Oklahoma Commission for Teacher Preparation shall promulgate rules     |
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 7|by which a certified teacher who is qualified to teach in an           |
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 8|alternative education program or alternative school as determined by   |
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 9|the district board of education offering the alternative education     |
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10|program or alternative school or who teaches students in a             |
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11|residential or treatment facility may be certified to teach subjects   |
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12|in which the teacher does not hold certification.  The rules shall     |
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13|provide:                                                               |
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14|    1.  The certification may be granted only upon application of a    |
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15|district board of education offering an alternative education          |
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16|program or alternative school pursuant to the provisions of this act   |
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17|or upon application of a district board of education offering a        |
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18|residential or treatment facility; and                                 |
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19|    2.  The teacher's certification in subjects in which the teacher   |
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20|does not otherwise hold certification pursuant to the provisions of    |
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21|this section shall be valid only for purposes of teaching in the       |
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22|alternative education program or alternative school offered by the     |
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23|district board or in a residential or treatment facility located       |
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24|within the district making application.                                |
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 1|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 1210.568, as   |
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 2|amended by Section 26, Chapter 124, O.S.L. 2014 (70 O.S. Supp. 2018,   |
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 3|Section 1210.568), is amended to read as follows:                      |
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 4|    Section 1210.568  A.  1.  Beginning with the first semester of     |
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 5|the 1996-1997 school year, the State Board of Education shall          |
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 6|implement a statewide system of alternative education programs which   |
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 7|shall be phased-in within seven (7) years.  The statewide system       |
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 8|shall include but not be limited to Alternative Approaches grant       |
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 9|programs, funded pursuant to Section 1210.561 of this title, and       |
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10|alternative academies or alternative programs implemented pursuant     |
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11|to this section.                                                       |
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12|    2.  Beginning with the first semester of the 2020-2021 school      |
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13|year, the State Board of Education shall implement a statewide         |
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14|system of alternative education.  The statewide system shall include   |
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15|alternative education programs implemented pursuant to this section.   |
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16|    B.  Beginning with the first semester of the 2002-2003 school      |
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17|year, all All school districts of this state serving students in       |
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18|grades seven through twelve shall provide alternative education        |
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19|programs that conform to the requirements of statutes and rules        |
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20|applicable to alternative education.  A program shall:                 |
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21|    1.  Allow class sizes and student/teacher ratios which are         |
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22|conducive to effective learning for at-risk students;                  |
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 1|    2.  Incorporate appropriate structure, curriculum, and             |
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 2|interaction and reinforcement strategies designed to provide           |
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 3|effective instruction;                                                 |
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 4|    3.  Include an intake and screening process to determine           |
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 5|eligibility of students;                                               |
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 6|    4.  Demonstrate that teaching faculty are appropriately            |
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 7|certified teachers;                                                    |
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 8|    5.  Demonstrate that teaching faculty have been selected on the    |
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 9|basis of a record of successful work with at-risk students or          |
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10|personal and educational factors that qualify them for work with       |
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11|at-risk students;                                                      |
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12|    6.  Reflect appropriate collaborative efforts with state           |
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13|agencies and local agencies serving youth;                             |
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14|    7.  Provide courses that meet the academic curricula standards     |
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15|adopted by the State Board of Education and additional remedial        |
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16|courses;                                                               |
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17|    8.  Offer individualized instruction;                              |
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18|    9.  State clear and measurable program goals and objectives;       |
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19|    10.  Include counseling and social services components with the    |
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20|provision that providers of services are not required to be            |
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21|certified as school counselors;                                        |
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22|    11.  Require a plan leading to graduation be developed for each    |
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23|student in the program which will allow the student to participate     |
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24|in graduation exercises for at the sending school or district after    |
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 1|meeting the requirements of the school district as specified in the    |
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 2|individual graduation plan for that student; provided, for students    |
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 3|who enter the ninth grade in or prior to the 2007-08 school year,      |
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 4|the graduation plan shall specifically address whether the student     |
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 5|is required to meet the graduation requirements established in         |
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 6|Section 11-103.6 of this title required by this paragraph shall not    |
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 7|be separate from the plan required by Section 1210.508-4 of this       |
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 8|title;                                                                 |
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 9|    12.  Offer life skills instruction;                                |
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10|    13.  Provide opportunities for hands-on arts education to          |
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11|students, including Artists in Residence artist residency programs     |
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12|coordinated with the Oklahoma Arts Council;                            |
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13|    14.  Provide a proposed annual budget;                             |
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14|    15.  Include an evaluation component including an annual written   |
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15|self-evaluation;                                                       |
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16|    16.  Be appropriately designed to serve middle school, junior      |
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17|high school and secondary high school students in grades six seven     |
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18|through twelve who are most at risk of not completing a high school    |
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19|education for a reason other than that identified in Section 13-101    |
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20|of this title; and                                                     |
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21|    17. 16.  Allow students in the alternative education program,      |
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22|who otherwise meet all of the participation requirements, to           |
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23|participate in vocational programs and extracurricular activities at   |
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 1|the sending school or district, including but not limited to           |
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 2|athletics, band, and clubs.                                            |
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 3|    C.  The alternative education program of a school district shall   |
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 4|be operational and serving students by September 15 September 1 of     |
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 5|each school year.                                                      |
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 6|    D.  1.  Each alternative education program of a school district    |
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 7|shall receive funding based on the combined number of dropouts and     |
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 8|students within the district who have been referred to a county        |
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 9|juvenile service unit, a county juvenile bureau or who have been       |
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10|committed to the custody of the Office of Juvenile Affairs.  Each      |
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11|alternative education program shall receive incentive funding as       |
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12|follows:                                                               |
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13|    1.  For the first year of operation, One Thousand Dollars          |
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14|($1,000.00) per student;                                               |
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15|    2.  For the second year of operation, Seven Hundred Fifty          |
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16|Dollars ($750.00) per student; and                                     |
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17|    3.  For the third year of operation and each year thereafter,      |
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18|Seven Hundred Dollars ($700.00) per student average daily membership   |
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19|(ADM) of students served by an alternative education program in the    |
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20|prior school year according to the annual statistical report           |
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21|conducted by the State Department of Education.  The per-student       |
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22|funding amount shall be based on the funding available for the         |
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23|program each fiscal year.                                              |
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 1|    2.  Of the funding available for alternative education programs    |
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 2|each fiscal year, the State Department of Education shall designate    |
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 3|up to fifteen percent (15%) for districts participating in             |
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 4|cooperative agreements for alternative education services, which       |
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 5|shall be allocated on a pro rata basis as an incentive to each         |
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 6|participating district.  The incentive amount received by each         |
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 7|district for participating in a cooperative agreement shall not        |
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 8|exceed Six Thousand Dollars ($6,000.00) per fiscal year and shall be   |
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 9|in addition to the per-student funding amount required by paragraph    |
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10|1 of this subsection.  Any funds remaining after allocations           |
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11|required by this paragraph are made shall be distributed to            |
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12|districts in accordance with paragraph 1 of this subsection.           |
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13|    3.  Statewide alternative education funding shall not be used to   |
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14|supplant existing school district resources or to support programs     |
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15|that do not meet all the criteria for the statewide alternative        |
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16|education system.  No alternative education program shall receive      |
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17|less than a total of Ten Thousand Dollars ($10,000.00) per school      |
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18|year.                                                                  |
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19|    E.  By September 15 of each school year, all All statewide         |
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20|alternative education funds received and expended for students         |
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21|participating in an alternative education program shall be reported    |
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22|to the State Department of Education by major object codes and by      |
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23|program classifications pursuant to the Oklahoma Cost Accounting       |
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24|                                                                       |
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 1|System as adopted by the State Board of Education pursuant to          |
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 2|Section 5-135 of this title.                                           |
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 3|    F.  Elementary school districts, as defined in Section 5-103 of    |
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 4|this title, may request a waiver by May 15 of each year from the       |
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 5|State Board of Education from the requirements of this section to      |
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 6|implement and provide an alternative education program.  Any           |
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 7|elementary school district that has not received funding pursuant to   |
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 8|the provisions of subsection D of this section request for a waiver    |
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 9|shall be automatically granted a waiver accompanied by an assurance    |
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10|that the school district does not have students in need of             |
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11|alternative education services.  If a school district is granted a     |
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12|waiver, no statewide alternative education funding shall be            |
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13|allocated to the district.                                             |
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14|    G.  1.  The State Board of Education shall contract for            |
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15|technical assistance for operation of an Alternative Education         |
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16|Technical Assistance Center.  The technical assistance provider        |
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17|shall be an entity located in Oklahoma that has been officially        |
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18|recognized by the United States Department of Education to assess      |
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19|and facilitate dissemination of validated educational programs in      |
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20|Oklahoma.  The technical assistance provider shall have priority, if   |
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21|its operations are deemed satisfactory by the State Board of           |
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22|Education and if funds are available, for annual renewal of the        |
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23|contract.                                                              |
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 1|    2.  The duties of the technical assistance provider shall          |
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 2|include, but shall not be limited to:                                  |
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 3|         a.   providing provide initial and ongoing training of        |
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 4|              personnel who will educate at-risk populations through   |
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 5|              alternative education programs,                          |
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 6|         b.   providing provide technical assistance to school         |
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 7|              districts to enhance the probability of success of       |
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 8|              their alternative education programs,                    |
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 9|         c.   evaluating evaluate state-funded alternative education   |
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10|              programs,                                                |
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11|         d.   reporting to the State Board of Education report the     |
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12|              evaluation results of state-funded alternative           |
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13|              education programs, and                                  |
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14|         e.   providing provide in-depth program analysis and          |
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15|              evaluation of state-funded alternative education         |
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16|              programs.                                                |
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17|    2.  The State Board of Education may create an evaluation          |
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18|schedule for effective and highly effective programs, requiring them   |
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19|to be evaluated not less than once every three (3) years.              |
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20|    3.  The State Board of Education may contract with a technical     |
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21|assistance provider in order to meet the requirements of this          |
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22|subsection.                                                            |
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23|   4.  The State Board of Education shall not provide funding to       |
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24|have the authority to suspend funds for an alternative education       |
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 1|program that does not receive a recommendation for continued funding   |
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 2|in the evaluation provided for in this subsection meet the             |
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 3|requirements of subsection B of this section.  Provided, any school    |
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 4|district not receiving such a recommendation for continued funding     |
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 5|under consideration for suspension of funds may request a hearing      |
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 6|before the Board with a review of the evaluation prior to the          |
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 7|Board's final determination.                                           |
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 8|    H.  All alternative education programs shall be subject to         |
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 9|statutes and rules applicable to alternative education, including      |
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10|any exemptions from statutory or regulatory requirements authorized    |
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11|by statutes or rule.                                                   |
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12|    I.  An alternative education program may be offered by an          |
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13|individual school district or may be offered jointly by school         |
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14|districts that have formed interlocal cooperative agreements           |
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15|pursuant to Section 5-117b of this title.  Any school district         |
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16|submitting a plan for an alternative education program serving fewer   |
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17|than ten students shall enter into a cooperative agreement with        |
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18|another school district to jointly provide the program unless the      |
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19|program has been granted a waiver from this requirement by the State   |
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20|Board of Education.  A school district participating in a              |
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21|cooperative agreement shall be required to send its alternative        |
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22|education funding allocation to the cooperative.                       |
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23|    J.  Any materials or equipment purchased by a school district      |
  |                                                                       |
24|with revenue received for students participating in an alternative     |
  |                                                                       |
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 1|education program shall be used only in or directly for the            |
  |                                                                       |
 2|alternative education program offered by the district or any           |
  |                                                                       |
 3|subsequent alternative education program offered to students           |
  |                                                                       |
 4|enrolled in that district.  Such materials and equipment shall be      |
  |                                                                       |
 5|made available exclusively to alternative education students during    |
  |                                                                       |
 6|the hours that the alternative education program is operating;         |
  |                                                                       |
 7|provided, the material or equipment may be used for other purposes     |
  |                                                                       |
 8|when the alternative education program is not operating.               |
  |                                                                       |
 9|    K.  Upon implementation of this subsection as provided for in      |
  |                                                                       |
10|subsection M of this section and contingent upon the provision of      |
  |                                                                       |
11|appropriated funds designated for such purpose, all school districts   |
  |                                                                       |
12|in the state providing alternative education programs as required in   |
  |                                                                       |
13|subsection B of this section shall expand the programs to include      |
  |                                                                       |
14|middle-school-grade students.  The program shall conform to the        |
  |                                                                       |
15|requirements of subsection B of this section.                          |
  |                                                                       |
16|    L.  Upon implementation of this subsection as provided for in      |
  |                                                                       |
17|subsection M of this section and contingent upon the provision of      |
  |                                                                       |
18|appropriated funds designated for such purpose, each urban school      |
  |                                                                       |
19|district identified by the State Department of Education as having a   |
  |                                                                       |
20|high population of elementary grade students who are at-risk and in    |
  |                                                                       |
21|need of alternative education shall provide elementary level           |
  |                                                                       |
22|alternative education programs.  The State Department of Education     |
  |                                                                       |
23|shall establish requirements for the programs.  For purposes of this   |
  |                                                                       |
24|                                                                       |
  |                                                                       |
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 1|section, "urban school district" means a school district with an       |
  |                                                                       |
 2|average daily membership of thirty thousand (30,000) or more.          |
  |                                                                       |
 3|    M.  Implementation of subsections K and L of this section shall    |
  |                                                                       |
 4|be delayed until the current expenditure per pupil in average daily    |
  |                                                                       |
 5|attendance in public elementary and secondary schools in unadjusted    |
  |                                                                       |
 6|dollars for the 1998-99 school year or any school year thereafter      |
  |                                                                       |
 7|for Oklahoma, as reported by the National Center for Education         |
  |                                                                       |
 8|Statistics annually in the Digest of Education Statistics, reaches     |
  |                                                                       |
 9|at least ninety percent (90%) of the regional average expenditure      |
  |                                                                       |
10|for that same year, and funds are provided.  For purposes of this      |
  |                                                                       |
11|subsection, the regional average expenditure shall consist of the      |
  |                                                                       |
12|current expenditure per pupil in average daily attendance in public    |
  |                                                                       |
13|elementary and secondary schools in unadjusted dollars for each of     |
  |                                                                       |
14|the following states:  Arkansas, Colorado, Kansas, Missouri, New       |
  |                                                                       |
15|Mexico, Oklahoma, and Texas, averaged together.  By January 1 of       |
  |                                                                       |
16|each year, the State Board of Education shall report whether or not    |
  |                                                                       |
17|the ninety-percent expenditure level has been reached based on         |
  |                                                                       |
18|information reported annually in the Digest of Education Statistics    |
  |                                                                       |
19|by the National Center for Education Statistics.  Subsections K and    |
  |                                                                       |
20|L of this section shall be implemented on July 1 after the first       |
  |                                                                       |
21|January 1 report verifies that the ninety-percent expenditure level    |
  |                                                                       |
22|has been reached and funds have been provided for the specific         |
  |                                                                       |
23|purposes of this section.                                              |
  |                                                                       |
24|                                                                       |
  |                                                                       |
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 1|    SECTION 4.     REPEALER     70 O.S. 2011, Sections 1210.561,       |
  |                                                                       |
 2|1210.562, 1210.565 and 1210.569, are hereby repealed.                  |
  |                                                                       |
 3|    SECTION 5.  This act shall become effective July 1, 2019.          |
  |                                                                       |
 4|    SECTION 6.  It being immediately necessary for the preservation    |
  |                                                                       |
 5|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
 6|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
 7|be in full force from and after its passage and approval.              |
  |                                                                       |
 8|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 2, 2019 - DO PASS AS AMENDED and referred to second committee    |
 9|and WITHDRAWN from Committee on Appropriations on April 11, 2019.      |
  |                                                                       |
10|                                                                       |
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11|                                                                       |
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12|                                                                       |
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13|                                                                       |
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14|                                                                       |
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15|                                                                       |
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16|                                                                       |
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17|                                                                       |
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18|                                                                       |
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19|                                                                       |
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20|                                                                       |
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21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid10450846 SENATE FLOOR VERSION - HB2520 SFLR                   Page 16
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