Bill Text For SB0441 - Proposed Committee Substitute(2)

 1|                         COMMITTEE AMENDMENT                           |
  |                      HOUSE OF REPRESENTATIVES                         |
 2|                          State of Oklahoma                            |
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 3|     SPEAKER:                                                          |
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 4|     CHAIR:                                                            |
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 5|I move to amend  SB441                                                 |
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 6|printed Bill                                                           |
  |Page                Section                  Lines                     |
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  |                                                     Of the            |
 8|Engrossed Bill                                                         |
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 9|By striking the Title, the Enacting Clause, the entire bill, and by    |
  |inserting in lieu thereof the following language:                      |
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19|                          STATE OF OKLAHOMA                            |
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20|             1st Session of the 57th Legislature (2019)                |
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21|PROPOSED COMMITTEE                                                     |
  |SUBSTITUTE                                                             |
22|FOR ENGROSSED                                                          |
  |SENATE BILL NO. 441                  By: Quinn and Stanislawski of     |
23|                                         the Senate                    |
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24|                                         and                           |
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   Req. No. 8845                                                   Page 1
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 1|                                         Baker of the House            |
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 2|                                                                       |
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 3|                                                                       |
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 4|                    PROPOSED COMMITTEE SUBSTITUTE                      |
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 5|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1-109, as last amended by Section 1, Chapter            |
 6|       6, O.S.L. 2016 (70 O.S. Supp. 2018, Section 1-109),             |
  |       which relates to the school calendar; allowing school           |
 7|       districts to adopt school-hours policy with respect             |
  |       to certain school year; allowing districts to adopt             |
 8|       school-hours policy with a minimum number of days               |
  |       beginning with certain school year; requiring                   |
 9|       districts that adopt school-hours policy beginning              |
  |       with certain school year to meet specified                      |
10|       requirements; requiring promulgation of rules;                  |
  |       subjecting rules to legislative approval; providing             |
11|       exception if notification is provided and approval is           |
  |       received; amending Section 3, Chapter 394, O.S.L.               |
12|       2013, as last amended by Section 1, Chapter 10, 2nd             |
  |       Extraordinary Session, O.S.L. 2018 (70 O.S. Supp.               |
13|       2018, Section 18-114.14), which relates to the                  |
  |       Minimum Salary Schedule; modifying the Minimum Salary           |
14|       Schedule for certified personnel; amending 70 O.S.              |
  |       2011, Section 4516, which relates to a continuous               |
15|       school program; adding and updating statutory                   |
  |       references; and providing an effective date.                    |
16|                                                                       |
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17|                                                                       |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1-109, as      |
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20|last amended by Section 1, Chapter 6, O.S.L. 2016 (70 O.S. Supp.       |
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21|2018, Section 1-109), is amended to read as follows:                   |
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22|    Section 1-109.  A.  For all public schools in Oklahoma, school     |
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23|shall actually be in session and classroom instruction offered:        |
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24|    1.  For not less than one hundred eighty (180) days; or            |
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   Req. No. 8845                                                   Page 2
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 1|    2.  For not less than one thousand eighty (1,080) hours each       |
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 2|school year, if a district board of education adopts a school-hours    |
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 3|policy and notifies the State Board of Education prior to October 15   |
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 4|of the applicable school year;                                         |
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 5|    3.  Beginning with the 2021-2022 school year, for not less than    |
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 6|one thousand eighty (1,080) hours with a minimum of one hundred        |
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 7|sixty-five (165) days of instruction each school year, if a district   |
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 8|board of education adopts a school-hours policy and notifies the       |
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 9|State Board of Education prior to October 15 of the applicable         |
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10|school year; or                                                        |
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11|    4.  Beginning with the 2021-2022 school year, for not less than    |
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12|one thousand eighty (1,080) hours each school year, if a district      |
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13|board of education adopts a school-hours policy, notifies the State    |
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14|Board of Education prior to October 15 of the applicable school year   |
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15|and meets the requirements established by the State Board of           |
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16|Education pursuant to subsection H of this section.                    |
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17|    B.  A school district may not count more than thirty (30) hours    |
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18|each school year that are used for attendance of professional          |
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19|meetings toward the one hundred eighty (180) days or one thousand      |
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20|eighty (1,080) hours of classroom instruction time required in         |
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21|subsection A of this section.                                          |
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22|    C.  Teachers off contract with an employing district shall not     |
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23|be required by the employing school district to attend professional    |
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24|meetings unless the teacher is paid additional compensation for the    |
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   Req. No. 8845                                                   Page 3
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 1|additional time.  Teachers may be paid additional compensation for     |
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 2|attending professional meetings in excess of their contract term.      |
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 3|Subject to district board of education policy or collective            |
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 4|bargaining agreement, additional paid professional days may be         |
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 5|granted for individual teachers to attend or participate in            |
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 6|professional meetings, staff development training, or National Board   |
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 7|certification portfolio development as provided for in Section         |
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 8|6-204.2 of this title.                                                 |
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 9|    D.  A school district may authorize parent-teacher conferences     |
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10|to be held during a regular school day.  If authorized by the school   |
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11|district, parent-teacher conferences shall be counted as classroom     |
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12|instruction time for no more than six (6) hours per semester, for a    |
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13|total of twelve (12) hours per school year.                            |
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14|    E.  A school district may maintain school for less than a full     |
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15|school year only when conditions beyond the control of school          |
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16|authorities make the maintenance of the term impossible and the        |
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17|State Board of Education has been apprised and has expressed           |
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18|concurrence in writing.                                                |
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19|    F.  The State Board of Education shall establish criteria for an   |
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20|extended-day schedule for schools subject to paragraph 1 of            |
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21|subsection A of this section.  The criteria shall:                     |
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22|    1.  Prescribe a lengthened school day within limits determined     |
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23|not to be detrimental to quality instruction;                          |
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24|                                                                       |
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   Req. No. 8845                                                   Page 4
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 1|    2.  Ensure that the schedule is equivalent in annual hours of      |
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 2|instruction to the one-hundred-eighty-day school year specified in     |
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 3|paragraph 1 of subsection A of this section; and                       |
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 4|    3.  Be consistent with the provisions of this section and          |
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 5|Sections 1-111 and 1-112 of this title, but may result in fewer        |
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 6|annual days of instruction.                                            |
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 7|    G.  Notwithstanding the provisions of subsection F of this         |
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 8|section, a school district board of education subject to paragraph 1   |
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 9|of subsection A of this section may adopt and implement an             |
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10|extended-day schedule subject to the following requirements:           |
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11|    1.  The annual number of hours of instruction shall equal or       |
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12|exceed one thousand eighty (1,080) hours, which is the equivalent of   |
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13|one hundred eighty (180) days of instruction as specified in           |
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14|subsection A of this section for six (6) hours each day as specified   |
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15|in Section 1-111 of this title;                                        |
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16|    2.  The annual number of days of instruction shall equal or        |
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17|exceed one hundred eighty (180) days as specified in subsection A of   |
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18|this section;                                                          |
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19|    3.  The schedule adopted shall be consistent with the provisions   |
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20|of Sections 1-111 and 1-112 of this title, except that for not more    |
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21|than one (1) day per week, a school day shall consist of not less      |
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22|than five (5) hours devoted to academic instruction in a regular       |
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23|classroom setting;                                                     |
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24|                                                                       |
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   Req. No. 8845                                                   Page 5
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 1|    4.  The district shall hold a public hearing prior to the          |
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 2|adoption of an extended-day schedule authorized pursuant to this       |
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 3|subsection; and                                                        |
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 4|    5.  The district shall document the impact on student              |
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 5|achievement as determined by the academic performance data score and   |
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 6|any other relevant factors that are a result of implementation of an   |
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 7|extended-day schedule authorized pursuant to this subsection and       |
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 8|provide an annual report to the State Board of Education of the        |
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 9|results.  If improvement in student achievement cannot be documented   |
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10|in the report, the district board of education shall revoke            |
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11|authorization as provided by this subsection.  If the district does    |
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12|not revoke authorization after student achievement is not documented   |
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13|in the report, the State Board of Education may deny accreditation     |
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14|of any school in violation of this subsection.                         |
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15|    H.  Beginning with the 2021-2022 school year, a school district    |
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16|board of education may adopt a school-hours policy as provided for     |
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17|by paragraph 4 of subsection A of this section only if it meets or     |
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18|exceeds the minimum guidelines for student performance and school      |
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19|district cost savings established by the State Board of Education.     |
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20|The State Board of Education shall promulgate rules subject to         |
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21|approval by the Legislature establishing the minimum guidelines for    |
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22|student performance and school district cost savings.                  |
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23|    I.  If subject to paragraph 2 of subsection A of this section, a   |
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24|district board of education or designee may elect to close a school    |
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   Req. No. 8845                                                   Page 6
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 1|during the school day for inclement weather purposes.  In such an      |
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 2|event, the number of hours incurred in classroom instruction time      |
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 3|prior to school closure shall be counted toward the one thousand       |
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 4|eighty (1,080) hours per year requirement.                             |
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 5|    I. J.  Nothing in this section shall be construed as affecting     |
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 6|the right of an employing school district to require teachers as       |
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 7|defined in Section 6-101.3 of this title to work in excess of the      |
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 8|one thousand eighty (1,080) hours required for student instruction.    |
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 9|In addition, nothing in this section shall be construed to affect      |
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10|the Fair Labor Standards Act status of any school district employee.   |
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11|    K.  The provisions of this section shall not prohibit the          |
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12|Oklahoma School for the Blind or the Oklahoma School for the Deaf      |
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13|from adopting an alternative school-hours policy if the Oklahoma       |
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14|School for the Blind or the Oklahoma School for the Deaf notifies      |
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15|and receives approval from the State Board of Education prior to       |
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16|October 15 of the applicable school year.                              |
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17|    SECTION 2.     AMENDATORY     Section 3, Chapter 394, O.S.L.       |
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18|2013, as last amended by Section 1, Chapter 10, 2nd Extraordinary      |
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19|Session, O.S.L. 2018 (70 O.S. Supp. 2018, Section 18-114.14), is       |
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20|amended to read as follows:                                            |
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21|    Section 18-114.14  A.  Beginning with the 2018-2019 school year    |
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22|September 1, 2019, certified personnel, as defined in Section 26-103   |
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23|of this title, in the public schools of Oklahoma shall receive in      |
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24|                                                                       |
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   Req. No. 8845                                                   Page 7
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 1|salary and/or fringe benefits not less than the amounts specified in   |
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 2|the following schedule:                                                |
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 3|                       MINIMUM SALARY SCHEDULE                         |
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 4|                            National                                   |
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 5|Years of      Bachelor's    Board             Master's     Doctor's    |
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 6|Experience    Degree        Certification     Degree       Degree      |
  |                                                                       |
 7|    0         $36,601       $37,759           $37,991      $39,381     |
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 8|    1         $37,035       $38,193           $38,425      $39,815     |
  |                                                                       |
 9|    2         $37,469       $38,628           $38,859      $40,249     |
  |                                                                       |
10|    3         $37,904       $39,062           $39,294      $40,684     |
  |                                                                       |
11|    4         $38,338       $39,496           $39,728      $41,118     |
  |                                                                       |
12|    5         $38,810       $39,968           $40,200      $41,590     |
  |                                                                       |
13|    6         $39,273       $40,432           $40,663      $42,054     |
  |                                                                       |
14|    7         $39,737       $40,895           $41,127      $42,517     |
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15|    8         $40,200       $41,358           $41,590      $42,980     |
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16|    9         $40,663       $41,822           $42,054      $43,444     |
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17|    10        $41,684       $42,844           $43,568      $45,945     |
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18|    11        $42,177       $43,336           $44,061      $46,438     |
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19|    12        $42,670       $43,829           $44,554      $46,931     |
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20|    13        $43,162       $44,322           $45,047      $47,424     |
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21|    14        $43,655       $44,815           $45,539      $47,916     |
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22|    15        $44,167       $45,327           $46,052      $48,430     |
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23|    16        $44,660       $45,820           $46,545      $48,923     |
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24|    17        $45,153       $46,313           $47,038      $49,416     |
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   Req. No. 8845                                                   Page 8
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 1|    18        $45,646       $46,806           $47,531      $49,909     |
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 2|    19        $46,139       $47,299           $48,024      $50,402     |
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 3|    20        $46,652       $47,813           $48,538      $50,917     |
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 4|    21        $47,145       $48,306           $49,031      $51,410     |
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 5|    22        $47,639       $48,799           $49,524      $51,903     |
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 6|    23        $48,132       $49,292           $50,018      $52,397     |
  |                                                                       |
 7|    24        $48,625       $49,785           $50,511      $52,890     |
  |                                                                       |
 8|    25        $50,049       $51,232           $51,971      $54,395     |
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 9|    0         $37,801       $38,959           $39,191      $40,581     |
  |                                                                       |
10|    1         $38,235       $39,393           $39,625      $41,015     |
  |                                                                       |
11|    2         $38,669       $39,828           $40,059      $41,449     |
  |                                                                       |
12|    3         $39,104       $40,262           $40,494      $41,884     |
  |                                                                       |
13|    4         $39,538       $40,696           $40,928      $42,318     |
  |                                                                       |
14|    5         $40,010       $41,168           $41,400      $42,790     |
  |                                                                       |
15|    6         $40,473       $41,632           $41,863      $43,254     |
  |                                                                       |
16|    7         $40,937       $42,095           $42,327      $43,717     |
  |                                                                       |
17|    8         $41,400       $42,558           $42,790      $44,180     |
  |                                                                       |
18|    9         $41,863       $43,022           $43,254      $44,644     |
  |                                                                       |
19|    10        $42,884       $44,044           $44,768      $47,145     |
  |                                                                       |
20|    11        $43,377       $44,536           $45,261      $47,638     |
  |                                                                       |
21|    12        $43,870       $45,029           $45,754      $48,131     |
  |                                                                       |
22|    13        $44,362       $45,522           $46,247      $48,624     |
  |                                                                       |
23|    14        $44,855       $46,015           $46,739      $49,116     |
  |                                                                       |
24|    15        $45,367       $46,527           $47,252      $49,630     |
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   Req. No. 8845                                                   Page 9
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 1|    16        $45,860       $47,020           $47,745      $50,123     |
  |                                                                       |
 2|    17        $46,353       $47,513           $48,238      $50,616     |
  |                                                                       |
 3|    18        $46,846       $48,006           $48,731      $51,109     |
  |                                                                       |
 4|    19        $47,339       $48,499           $49,224      $51,602     |
  |                                                                       |
 5|    20        $47,852       $49,013           $49,738      $52,117     |
  |                                                                       |
 6|    21        $48,345       $49,506           $50,231      $52,610     |
  |                                                                       |
 7|    22        $48,839       $49,999           $50,724      $53,103     |
  |                                                                       |
 8|    23        $49,332       $50,492           $51,218      $53,597     |
  |                                                                       |
 9|    24        $49,825       $50,985           $51,711      $54,090     |
  |                                                                       |
10|    25        $51,249       $52,432           $53,171      $55,595     |
  |                                                                       |
11|              Master's Degree +                                        |
  |                                                                       |
12|Years of      National Board                                           |
  |                                                                       |
13|Experience    Certification                                            |
  |                                                                       |
14|    0         $39,149                                                  |
  |                                                                       |
15|    1         $39,583                                                  |
  |                                                                       |
16|    2         $40,018                                                  |
  |                                                                       |
17|    3         $40,452                                                  |
  |                                                                       |
18|    4         $40,886                                                  |
  |                                                                       |
19|    5         $41,358                                                  |
  |                                                                       |
20|    6         $41,822                                                  |
  |                                                                       |
21|    7         $42,285                                                  |
  |                                                                       |
22|    8         $42,749                                                  |
  |                                                                       |
23|    9         $43,212                                                  |
  |                                                                       |
24|    10        $44,728                                                  |
  |                                                                       |
   Req. No. 8845                                                   Page 10
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 1|    11        $45,221                                                  |
  |                                                                       |
 2|    12        $45,713                                                  |
  |                                                                       |
 3|    13        $46,206                                                  |
  |                                                                       |
 4|    14        $46,699                                                  |
  |                                                                       |
 5|    15        $47,212                                                  |
  |                                                                       |
 6|    16        $47,705                                                  |
  |                                                                       |
 7|    17        $48,198                                                  |
  |                                                                       |
 8|    18        $48,691                                                  |
  |                                                                       |
 9|    19        $49,184                                                  |
  |                                                                       |
10|    20        $49,698                                                  |
  |                                                                       |
11|    21        $50,192                                                  |
  |                                                                       |
12|    22        $50,685                                                  |
  |                                                                       |
13|    23        $51,178                                                  |
  |                                                                       |
14|    24        $51,671                                                  |
  |                                                                       |
15|    25        $53,153                                                  |
  |                                                                       |
16|    0         $40,349                                                  |
  |                                                                       |
17|    1         $40,783                                                  |
  |                                                                       |
18|    2         $41,218                                                  |
  |                                                                       |
19|    3         $41,652                                                  |
  |                                                                       |
20|    4         $42,086                                                  |
  |                                                                       |
21|    5         $42,558                                                  |
  |                                                                       |
22|    6         $43,022                                                  |
  |                                                                       |
23|    7         $43,485                                                  |
  |                                                                       |
24|    8         $43,949                                                  |
  |                                                                       |
   Req. No. 8845                                                   Page 11
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 1|    9         $44,412                                                  |
  |                                                                       |
 2|    10        $45,928                                                  |
  |                                                                       |
 3|    11        $46,421                                                  |
  |                                                                       |
 4|    12        $46,913                                                  |
  |                                                                       |
 5|    13        $47,406                                                  |
  |                                                                       |
 6|    14        $47,899                                                  |
  |                                                                       |
 7|    15        $48,412                                                  |
  |                                                                       |
 8|    16        $48,905                                                  |
  |                                                                       |
 9|    17        $49,398                                                  |
  |                                                                       |
10|    18        $49,891                                                  |
  |                                                                       |
11|    19        $50,384                                                  |
  |                                                                       |
12|    20        $50,898                                                  |
  |                                                                       |
13|    21        $51,392                                                  |
  |                                                                       |
14|    22        $51,885                                                  |
  |                                                                       |
15|    23        $52,378                                                  |
  |                                                                       |
16|    24        $52,871                                                  |
  |                                                                       |
17|    25        $54,353                                                  |
  |                                                                       |
18|    B.  1.  When determining the Minimum Salary Schedule, "fringe      |
  |                                                                       |
19|benefits" shall mean all or part of retirement benefits, excluding     |
  |                                                                       |
20|the contributions made pursuant to subsection A of Section 17-108.1    |
  |                                                                       |
21|of this title and the flexible benefit allowance pursuant to Section   |
  |                                                                       |
22|26-105 of this title from the flexible benefit allowance funds         |
  |                                                                       |
23|disbursed by the State Board of Education and the State Board of       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
   Req. No. 8845                                                   Page 12
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 1|Career and Technology Education pursuant to Section 26-104 of this     |
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 2|title.                                                                 |
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 3|    2.  If a school district intends to provide retirement benefits    |
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 4|to a teacher such that the teacher's salary would be less than the     |
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 5|amounts set forth in the minimum salary schedule Minimum Salary        |
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 6|Schedule specified in subsection A of this section, the district       |
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 7|shall be required to provide written notification to the teacher       |
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 8|prior to his or her employment or, if already employed by the          |
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 9|district, no later than thirty (30) days prior to the date the         |
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10|district elects to provide retirement benefits such that the           |
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11|teacher's salary would be less than the minimum salary schedule        |
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12|Minimum Salary Schedule.                                               |
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13|    C.  Any of the degrees referred to in this section shall be from   |
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14|a college recognized by the State Board of Education.  The Board       |
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15|shall accept teaching experience from out-of-state school districts    |
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16|that are accredited by the state board of education or appropriate     |
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17|state accrediting agency for the districts.  The Board shall accept    |
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18|teaching experience from out-of-country schools that are accredited    |
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19|or otherwise endorsed by the appropriate national or regional          |
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20|accrediting or endorsement authority.  Out-of-country certification    |
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21|documentation in a language other than English shall be analyzed by    |
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22|an educational credential evaluation service in accordance with        |
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23|industry standards and guidelines and approved by the State            |
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24|Department of Education.  The person seeking to have credit granted    |
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   Req. No. 8845                                                   Page 13
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 1|for out-of-country teaching experience shall be responsible for all    |
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 2|costs of the analysis by a credential evaluation service.  The Board   |
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 3|shall accept teaching experience from primary and secondary schools    |
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 4|that are operated by the United States Department of Defense or are    |
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 5|affiliated with the United States Department of State.                 |
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 6|    D.  For the purpose of state salary increments and retirement,     |
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 7|no teacher shall be granted credit for more than five (5) years of     |
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 8|active duty in the military service or out-of-state or                 |
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 9|out-of-country teaching experience as a certified teacher or its       |
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10|equivalent.  Nothing in this section shall prohibit boards of          |
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11|education from crediting more years of experience on district salary   |
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12|schedules than those allowed for state purposes.                       |
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13|    E.  The State Board of Education shall recognize, for purposes     |
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14|of certification and salary increments, all the years of experience    |
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15|of a:                                                                  |
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16|    1.  Certified teacher who teaches in the educational program of    |
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17|the Department of Corrections, beginning with fiscal year 1981;        |
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18|    2.  Vocational rehabilitation counselor under the Department of    |
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19|Human Services if the counselor was employed as a certified teacher    |
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20|by the State Department of Education when the Division of Vocational   |
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21|Rehabilitation was transferred from the State Board of Career and      |
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22|Technology Education or the State Board of Education to the Oklahoma   |
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23|Public Welfare Commission on July 1, 1968;                             |
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24|                                                                       |
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   Req. No. 8845                                                   Page 14
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 1|    3.  Vocational rehabilitation counselor which were completed       |
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 2|while employed by the Department of Human Services if such counselor   |
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 3|was certified as a teacher or was eligible for certification as a      |
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 4|teacher in Oklahoma;                                                   |
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 5|    4.  Certified teacher which were completed while employed by the   |
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 6|Department of Human Services Child Study Center at University          |
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 7|Hospital, if the teacher was certified as a teacher in Oklahoma; and   |
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 8|    5.  Certified school psychologist or psychometrist which were      |
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 9|completed while employed as a doctoral intern, psychological           |
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10|assistant, or psychologist with any agency of the State of Oklahoma    |
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11|if the experience primarily involved work with persons of school- or   |
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12|preschool-age and if the person was, at the time the experience was    |
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13|acquired, certified as, or eligible for certification as, a school     |
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14|psychologist or psychometrist.                                         |
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15|    F.  The provisions of this section shall not apply to teachers     |
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16|who have entered into postretirement employment with a public school   |
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17|in Oklahoma and are still receiving a monthly retirement benefit.      |
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18|    G.  If a person employed as certified personnel, as defined in     |
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19|Section 26-103 of this title, by a school district during the          |
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20|2017-2018 school year was receiving a salary above the step level      |
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21|indicated by the State Minimum Salary Schedule for the 2017-2018       |
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22|school year, the person shall receive a salary increase amount equal   |
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23|to the amount indicated in subsection A of this section for the step   |
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24|level indicated for the person, provided they remain employed by the   |
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   Req. No. 8845                                                   Page 15
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 1|same district, unless the hours or the duties of the certified         |
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 2|personnel are reduced proportionately.                                 |
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 3|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 4516, is       |
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 4|amended to read as follows:                                            |
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 5|    Section 4516.  The board of education of any school district       |
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 6|operating pursuant to the provisions of this act Section 4511 et       |
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 7|seq. of this title shall establish a school calendar whereby the       |
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 8|teaching sessions and vacation periods during the school year are on   |
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 9|a rotating basis.                                                      |
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10|    Each selected school shall be closed for all students and          |
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11|employees on regular school holidays.                                  |
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12|    The schools and classes shall be conducted for a total of no       |
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13|less than one hundred eighty (180) days or no less than one thousand   |
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14|eighty (1,080) hours during the academic year as provided for in       |
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15|Section 1-109 of this title.                                           |
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16|    The provisions of all other laws relating to compulsory            |
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17|full-time education and the enrollment and attendance of pupils in     |
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18|the kindergarten, elementary and secondary grades shall be             |
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19|applicable with respect to the regular school days prescribed for      |
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20|the entire academic year established for the school at which a         |
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21|program pursuant to this act Section 4511 et seq. of this title is     |
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22|conducted, and to the attendance area established for such school.     |
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23|    SECTION 4.  This act shall become effective September 1, 2019.     |
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24|                                                                       |
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   Req. No. 8845                                                   Page 16
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 1|    57-1-8845      MAH    04/18/19                                     |
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   Req. No. 8845                                                   Page 17
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