Bill Text For SB0011 - Senate Floor Version

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  |                          February 26, 2019                            |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 4|SENATE BILL NO. 11                   By: McCortney                     |
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 8|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1-114, as amended by Section 1, Chapter 4,              |
 9|       O.S.L. 2016 (70 O.S. Supp. 2018, Section 1-114),                |
  |       which relates to free school attendance; modifying              |
10|       date by which children must turn certain age to                 |
  |       attend certain grades; amending 70 O.S. 2011, Section           |
11|       11-103.7, as last amended by Section 5, Chapter 165,            |
  |       O.S.L. 2018 (70 O.S. Supp. 2018, Section 11-103.7),             |
12|       which relates to early childhood education standards;           |
  |       modifying date by which children must turn certain              |
13|       age to attend certain grades; and providing an                  |
  |       effective date.                                                 |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1-114, as      |
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18|amended by Section 1, Chapter 4, O.S.L. 2016 (70 O.S. Supp. 2018,      |
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19|Section 1-114), is amended to read as follows:                         |
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20|    Section 1-114.  A.  All children between the ages of five (5)      |
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21|years on or before September 1 August 1, and twenty-one (21) years     |
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22|on or before September 1 August 1, shall be entitled to attend         |
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23|school free of charge in the district in which they reside.            |
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 1|    B.  All children who are at least four (4) years of age but not    |
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 2|more than five (5) years of age on or before September 1 August 1      |
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 3|and who have not attended a public school kindergarten shall be        |
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 4|entitled to attend half-day or full-day early childhood programs at    |
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 5|any public school in the state where such programs are offered;        |
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 6|provided, no child shall be required to attend any early childhood     |
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 7|education program.  The following paragraphs shall govern early        |
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 8|childhood programs:                                                    |
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 9|    1.  Children who are at least four (4) years of age but not more   |
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10|than five (5) years of age on or before September 1 August 1 shall     |
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11|be entitled to attend either half-day or full-day early childhood      |
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12|programs in their district of residence free of charge as long as      |
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13|the district has the physical facilities and teaching personnel to     |
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14|accommodate the child.  For purposes of calculation of State Aid,      |
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15|children in an early childhood education program shall be included     |
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16|in the average daily membership of the district providing the          |
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17|program;                                                               |
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18|    2.  A child who has not reached the age of five (5) years on or    |
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19|before September 1 August 1 and who resides in a district which does   |
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20|not offer an early childhood program shall be eligible for transfer    |
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21|to a district where an early childhood program is offered if the       |
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22|district that offers the early childhood program agrees to the         |
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23|transfer.  A district offering early childhood programs may refuse     |
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24|to accept a nonresident child if the district does not have the        |
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 1|physical facilities or teaching personnel to accommodate the child     |
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 2|in an early childhood education class.  If the child requesting the    |
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 3|transfer has not reached the age of four (4) years on or before        |
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 4|September 1 August 1, the district may refuse to accept the            |
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 5|nonresident child if the district determines the child is not ready    |
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 6|for an early childhood program.  Children who are accepted in a        |
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 7|program outside their district of residence as provided in this        |
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 8|paragraph shall be included in the average daily membership of the     |
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 9|district providing the program for State Aid funding subject to the    |
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10|State Aid formula weight limitations set forth in paragraph 1 of       |
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11|this subsection; and                                                   |
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12|    3.  The State Board of Education shall promulgate rules that       |
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13|create exemptions relating to the maximum age at which a child may     |
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14|attend half-day or full-day early childhood programs.                  |
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15|    C.  No child shall be enrolled in kindergarten unless he or she    |
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16|will have reached the age of five (5) years on or before September 1   |
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17|August 1 of the school year.  No child shall be enrolled in the        |
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18|first grade unless he or she will have reached the age of six (6)      |
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19|years on or before September 1 August 1 of the school year.            |
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20|    D.  No nonresident and nontransferred pupil shall be allowed to    |
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21|attend school in any school district unless a tuition fee equal to     |
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22|the per capita cost of education for a similar period in such          |
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23|district during the preceding year has been paid to the receiving      |
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24|district in advance yearly or by semester as determined by the         |
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 1|district board of education of the receiving district.  If the State   |
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 2|Board of Education discovers that such attendance has been allowed     |
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 3|without prior payment of the tuition fee in advance as required, no    |
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 4|further payment of any State Aid Funds shall be made to the district   |
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 5|until such district has shown to the satisfaction of the State Board   |
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 6|of Education that all such tuition fees have been paid or that such    |
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 7|tuition pupil will no longer be allowed to attend school until the     |
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 8|required tuition fee has been paid.                                    |
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 9|    E.  Any parent, guardian, person or institution having care and    |
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10|custody of a child who pays ad valorem tax on real property in any     |
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11|other school district other than that in which that person resides     |
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12|may, with the approval of the receiving board, enroll the child in     |
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13|any school district in which ad valorem tax is paid and receive a      |
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14|credit on the nonresident tuition fee equal to the amount of the ad    |
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15|valorem tax paid for school district purposes in the school district   |
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16|in which the child is enrolled.  Provided, the credit shall not        |
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17|exceed the total amount required for the tuition payment.              |
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18|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 11-103.7, as   |
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19|last amended by Section 5, Chapter 165, O.S.L. 2018 (70 O.S. Supp.     |
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20|2018, Section 11-103.7), is amended to read as follows:                |
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21|    Section 11-103.7.  A.  Each school district may offer to           |
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22|four-year-old children the opportunity to participate in an early      |
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23|childhood education program.                                           |
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arsid6627972 SENATE FLOOR VERSION - SB11 SFLR                      Page 4
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 1|    B.  The State Board of Education shall promulgate standards for    |
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 2|early childhood education programs for children who are at least       |
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 3|four (4) years of age on or before September 1 August 1 of the         |
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 4|ensuing school year.  The standards shall include both half-day        |
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 5|programs consisting of not less than two and one-half (2 1/2) hours    |
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 6|per school day, and full-day programs of six (6) hours.  The           |
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 7|standards for all early childhood education programs shall require a   |
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 8|certified teacher, as specified in this section, to be present in      |
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 9|the classroom for the length of the school day.  Such program shall:   |
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10|    1.  Be directed toward developmentally appropriate objectives      |
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11|for such children, rather than toward academic objectives suitable     |
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12|for older children;                                                    |
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13|    2.  Accommodate the needs of all children and families             |
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14|regardless of socioeconomic circumstances; and                         |
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15|    3.  Require that any teacher employed by a public school to        |
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16|teach in such early childhood education program shall be certified     |
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17|in early childhood education.                                          |
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18|    C.  The superintendent of any school district providing            |
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19|classroom space or other school facilities for a federally sponsored   |
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20|Head Start program that is planning to make a material change in the   |
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21|arrangement, shall give notice to the director of the Head Start       |
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22|program at least seven (7) days prior to a school board hearing on     |
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23|the matter.                                                            |
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 1|    D.  A school district may offer such early childhood education     |
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 2|program within the district, in cooperation with other districts,      |
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 3|through the use of transfers as specified by law, or by contracting    |
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 4|with a private or public provider of early childhood education         |
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 5|programs, or by contracting for classroom space with a licensed        |
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 6|public or private child care provider based upon selection criteria    |
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 7|established by the district.  If the program is provided through       |
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 8|contract with a private or public provider other than a school         |
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 9|district, the contract may only be continued if each teacher serving   |
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10|the school on and after January 1, 1993, is certified in early         |
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11|childhood education, except that all teachers, without such            |
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12|certification, hired by such provider prior to January 1, 1993, and    |
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13|serving in the school as an early childhood education teacher shall    |
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14|be required to obtain certification on or before the beginning of      |
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15|the 1996-97 school year.  Any person who has been employed as an       |
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16|early childhood educator with the Head Start Program, has a child      |
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17|development associate degree (CDA) and has at least five (5) years     |
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18|of experience in such employment shall be certified in early           |
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19|childhood education for purposes of employment in the public schools   |
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20|of this state to teach in early childhood education for children       |
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21|four (4) years of age and younger; if such person is recertified in    |
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22|child development by the Council for Early Childhood Professional      |
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23|Recognition within five (5) years prior to the expiration of the       |
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24|person's early childhood certificate that was issued by the State      |
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 1|Board of Education, such person shall be granted a renewal             |
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 2|certificate in early childhood education by the State Board of         |
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 3|Education upon expiration of the early childhood certificate.          |
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 4|Provided, private or public providers shall meet such other            |
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 5|standards required by law and by the State Board of Education.         |
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 6|    E.  If an early childhood program is provided by a private or      |
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 7|public provider pursuant to a contract as authorized in this           |
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 8|section, the contract shall address the requirements for               |
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 9|implementing the induction program as required in Section 6-195 of     |
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10|this title.  Teachers employed by a private or public provider in an   |
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11|early childhood education program provided through contract with a     |
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12|public school district shall receive in salary and/or fringe           |
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13|benefits amounts not less than the amounts specified in the schedule   |
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14|set forth in Section 18-114.14 of this title.                          |
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15|    F.  The State Board of Education shall promulgate rules to         |
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16|provide for the implementation of such program.                        |
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17|    G.  An early childhood education program may be offered jointly    |
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18|by school districts that have formed interlocal cooperative            |
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19|agreements pursuant to Section 5-117b of this title.                   |
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20|    H.  The term "prekindergarten" shall mean early childhood          |
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21|education for purposes of this title.                                  |
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22|    I.  The State Board of Education shall ensure that the standards   |
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23|for early childhood education are aligned with any new subject         |
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 1|matter standards adopted pursuant to Section 11-103.6a of this         |
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 2|title.                                                                 |
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 3|    SECTION 3.  This act shall become effective November 1, 2019.      |
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 4|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |February 26, 2019 - DO PASS AS AMENDED                                 |
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