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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 105 By: Daniels
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5
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6 AS INTRODUCED
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7 An Act relating to the Lindsey Nicole Henry
7 Scholarships for Students with Disabilities Program;
8 amending 70 O.S. 2021, Section 13-101.2, as amended
8 by Section 1, Chapter 337, O.S.L. 2024 (70 O.S. Supp.
9 2024, Section 13-101.2), which relates to eligibility
9 for the program; modifying criteria for eligibility;
10 removing prior public school enrollment requirement;
10 removing language directing acceptance of scholarship
11 to have same effect as parental revocation of consent
11 to service; updating statutory language; providing an
12 effective date; and declaring an emergency.
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13
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14
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 13-101.2, as
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17 amended by Section 1, Chapter 337, O.S.L. 2024 (70 O.S. Supp. 2024,
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18 Section 13-101.2), is amended to read as follows:
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19 Section 13-101.2. A. There is hereby created the Lindsey
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20 Nicole Henry Scholarships for Students with Disabilities Program.
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21 The Lindsey Nicole Henry Scholarships for Students with Disabilities
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22 Program is established to provide a scholarship to a private school
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23 of choice for students with disabilities for whom an individualized
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24 education program (IEP) in accordance with the Individuals with
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1 Disabilities Education Act (IDEA) or an individualized service plan
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2 pursuant to Section 1-4-704 of Title 10A of the Oklahoma Statutes
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3 has been developed at any time prior to notifying the State
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4 Department of Education of the intent to participate in the Program
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5 and the IEP is in effect at the time the request for a scholarship
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6 is received by the State Department of Education special needs who
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7 meet at least one of the criteria of subparagraphs a, b, c, d, e, f,
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8 or g of paragraph 1 of subsection B of this section. Scholarships
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9 shall be awarded beginning with the 2010-2011 school year.
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10 B. The parent or legal guardian of a public school student with
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11 a disability special need may exercise their parental option and
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12 request to have a Lindsey Nicole Henry Scholarship awarded for the
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13 child to enroll in and attend a private school in accordance with
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14 this section and the scholarship shall be awarded if:
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15 1. The a. the student has spent the prior school year in
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16 attendance at a public school in this state. For
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17 purposes of this section, "prior school year in
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18 attendance" means that the student was enrolled in and
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19 reported by a school district for funding purposes
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20 during the preceding school year regardless of whether
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21 or not the student had an IEP at the time the student
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22 was counted for funding purposes. A an individualized
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23 education program (IEP) in accordance with the
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24 Individuals with Disabilities Education Act (IDEA),
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1 b. the student has had an individualized service plan
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2 pursuant to Section 1-4-704 of Title 10A of the
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3 Oklahoma Statutes any time prior to notifying the
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4 State Department of Education of the intent to
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5 participate in the program,
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6 c. the student who is a child of a member of the United
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7 States Armed Forces who transfers to a school in this
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8 state from out of state or from a foreign country
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9 pursuant to a permanent change of station orders of
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10 the parent shall be exempt from the requirements of
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11 this paragraph but shall be required to meet all other
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12 eligibility requirements to participate as provided
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13 for in this section. A student who has been provided
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14 services under an Individual Family Service Plan
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15 through the SoonerStart program and during transition
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16 was evaluated and determined to be eligible for school
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17 district services shall be exempt from the
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18 requirements of this paragraph but shall be required
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19 to meet all other eligibility requirements to
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20 participate as provided for in this section. A,
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21 d. the student who was in out-of-home placement with the
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22 Department of Human Services; who,
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23 e. the student was adopted while in the permanent custody
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24 of the Department of Human Services; who,
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1 f. the student is enrolling or is enrolled in a school
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2 that exclusively serves students experiencing
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3 homelessness;, or who
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4 g. the student was in out-of-home placement with the
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5 Office of Juvenile Affairs shall be exempt from the
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6 requirements of this paragraph but shall be required
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7 to meet all other eligibility requirements to
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8 participate as provided for in this section; and
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9 2. The parent or legal guardian has obtained acceptance for
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10 admission of the student to a private school that is eligible for
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11 the program as provided in subsection H of this section and has
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12 notified the State Department of Education of the request for a
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13 scholarship. Requests to participate in the program made after
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14 December 1 shall be granted, but funding for scholarships requested
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15 after December 1 shall not be available until the beginning of the
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16 next school year. The request shall be through a communication
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17 directly to the Department in a manner that creates a written or
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18 electronic record of the request and the date of receipt of the
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19 request. The Department shall notify the school district in which
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20 the student is enrolled, if applicable, upon receipt of the request.
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21 For purposes of continuity of educational choice, the scholarship
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22 shall remain in force until the student enrolls in a public school,
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23 graduates from high school, or reaches the age of twenty-two (22),
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24 whichever occurs first. At any time, the parent or legal guardian
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1 of the student may remove the student from the private school and
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2 place the student in another private school that is eligible for the
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3 program as provided in subsection H of this section or place the
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4 student in a public school.
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5 C. A student shall be eligible for a scholarship if the parent
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6 or legal guardian of the student made a request for a scholarship
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7 for the 2010-2011 school year and the student transferred to an
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8 eligible private school but was subsequently denied a scholarship
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9 because the student did not have an IEP in effect on October 1,
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10 2009, but did meet all other eligibility requirements as set forth
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11 in the Lindsey Nicole Henry Scholarships for Students with
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12 Disabilities Program Act.
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13 D. A student shall not be eligible for a Lindsey Nicole Henry
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14 Scholarship if the student is not having regular and direct contact
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15 with the private school teachers at the physical location of the
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16 private school.
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17 E. School districts shall notify the parent or legal guardian
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18 of a public school student with a disability special need of all
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19 options available pursuant to this section and inform the parent or
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20 legal guardian of the availability of information about the program
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21 from the State Department of Education through the toll-free
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22 telephone number or website. The notification shall be provided
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23 with or included in the copy of the "Parents Rights in Special
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1 Education: Notice of Procedural Safeguards" document given to
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2 parents at least annually or as otherwise required by law.
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3 F. 1. Acceptance of a Lindsey Nicole Henry Scholarship shall
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4 have the same effect as a parental revocation of consent to service
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5 pursuant to 20 U.S.C., Sections 1414(a)(1)(D) and 1414(C) of the
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6 IDEA.
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7 2. Upon acceptance of a Lindsey Nicole Henry Scholarship, the
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8 parent or legal guardian shall assume full financial responsibility
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9 for the education of the student including, but not limited to,
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10 transportation to and from the private school.
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11 G. If the parent or legal guardian requests a Lindsey Nicole
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12 Henry Scholarship and the student is accepted by the private school
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13 pending the availability of a space for the student, the parent or
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14 legal guardian of the student shall notify the State Department of
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15 Education before entering the private school and before December 1
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16 in order to be eligible for the scholarship during the school year
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17 when a space becomes available for the student in the private
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18 school. If notification is made after December 1, payment of the
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19 scholarship shall not begin until the next school year.
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20 H. 1. To be eligible to participate in the Lindsey Nicole
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21 Henry Scholarships for Students with Disabilities Program, a private
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22 school shall notify the State Department of Education of its intent
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23 to participate. The notice shall specify the grade levels and
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24 services that the private school has available for students with
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1 disabilities special needs who are participating in the scholarship
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2 program. The State Department of Education shall approve a private
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3 school as eligible to participate in the scholarship program upon
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4 determination that the private school:
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5 a. meets the accreditation requirements set by the State
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6 Board of Education or another accrediting association
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7 approved by the State Board of Education. The State
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8 Department of Education shall list on its website all
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9 accrediting associations approved by the Board,
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10 b. demonstrates fiscal soundness by having been in
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11 operation for one (1) school year or providing the
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12 State Department of Education with a statement by a
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13 certified public accountant confirming that the
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14 private school desiring to participate is insured and
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15 the owner or owners have sufficient capital or credit
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16 to operate the school for the upcoming year by serving
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17 the number of students anticipated with expected
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18 revenues from tuition and other sources that may be
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19 reasonably expected. In lieu of a statement, a surety
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20 bond or letter of credit for the amount equal to the
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21 scholarship funds for any quarter may be filed with
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22 the Department,
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23 c. complies with the antidiscrimination provisions of 42
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24 U.S.C., Section 2000d,
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1 d. meets state and local health and safety laws and
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2 codes,
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3 e. will be academically accountable to the parent or
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4 legal guardian for meeting the educational needs of
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5 the student,
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6 f. employs or contracts with teachers who hold
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7 baccalaureate or higher degrees, or have at least
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8 three (3) years of teaching experience in public or
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9 private schools, or have special skills, knowledge, or
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10 expertise that qualifies them to provide instruction
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11 in subjects taught,
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12 g. complies with all state laws relating to general
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13 regulation of private schools, and
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14 h. adheres to the tenets of its published disciplinary
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15 procedures prior to the expulsion of a scholarship
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16 student.
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17 2. Upon approval of a private school, the State Department of
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18 Education shall provide on its website all information and material
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19 submitted by the private school with its application.
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20 I. 1. Lindsey Nicole Henry Scholarship Program participants
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21 shall comply with the following:
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22 a. the parent or legal guardian shall select the private
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23 school from the schools approved for eligibility
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1 pursuant to subsection H of this section and apply for
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2 the admission of the child,
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3 b. the parent or legal guardian shall request the
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4 scholarship no later than December 1 of the school
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5 year during which the scholarship is requested,
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6 c. any student participating in the scholarship program
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7 shall attend throughout the school year, unless
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8 excused by the school for illness or other good cause,
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9 and shall comply fully with the code of conduct for
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10 the school,
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11 d. the parent or legal guardian shall fully comply with
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12 the parental involvement requirements of the private
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13 school, unless excused by the school for illness or
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14 other good cause, and
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15 e. upon issuance of a scholarship warrant, the parent or
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16 legal guardian to whom the warrant is made shall
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17 restrictively endorse the warrant to the private
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18 school for deposit into the account of the private
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19 school. The parent or legal guardian may not
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20 designate any entity or individual associated with the
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21 private school as the attorney in fact for the parent
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22 or legal guardian to endorse a warrant. A parent or
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23 legal guardian who fails to comply with this
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24 subparagraph shall forfeit the scholarship.
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1 2. A participant who fails to comply with this subsection
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2 forfeits the scholarship.
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3 J. Provisions governing payment of a Lindsey Nicole Henry
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4 Scholarship shall be as follows:
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5 1. The State Department of Education shall calculate the total
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6 cost of all scholarships for all eligible students in the state.
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7 The State Department of Education shall then reserve or retain from
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8 the total amount appropriated to the State Board of Education for
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9 State Aid purposes and any other revenue available for allocation
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10 for State Aid purposes the total cost for all scholarship payments;
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11 2. The maximum scholarship granted for an eligible student with
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12 disabilities special needs shall be a calculated amount equivalent
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13 to the total State Aid factors for the applicable school year
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14 multiplied by the grade and disability weights for which the student
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15 is eligible for the applicable school year. The disability weights
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16 used in calculating the scholarship amount shall include all
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17 disability weights which correspond to the disabilities included in
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18 the multidisciplinary evaluation and eligibility group summary for
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19 the student at the time the request for a scholarship is made by the
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20 parent or legal guardian. The maximum scholarship amount shall be
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21 calculated by the State Board of Education for each year the student
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22 is participating in the scholarship program;
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23 3. The amount of the scholarship shall be the amount calculated
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24 in paragraph 2 of this subsection or the amount of tuition and fees
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1 for the private school, whichever is less, minus up to two and one-
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2 half percent (2 1/2%) of the scholarship amount which may be
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3 retained by the State Department of Education as a fee for
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4 administrative services rendered. If a private school does not
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5 charge tuition, the amount of the scholarship shall be the amount
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6 calculated in paragraph 2 of this subsection minus up to two and
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7 one-half percent (2 1/2%) of the scholarship amount which may be
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8 retained by the State Department of Education as a fee for
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9 administrative services rendered. The amount of any assessment fee
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10 required by the private school and the amount associated with
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11 providing services and therapies to address the disabilities special
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12 needs of the student may be paid from the total amount of the
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13 scholarship. The amount of the scholarship shall be prorated to
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14 reflect the number of days remaining in the current school year, if
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15 the scholarship request is granted after the beginning of the school
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16 year;
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17 4. The State Department of Education shall notify the private
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18 school of the amount of the scholarship within ten (10) days after
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19 receiving the request for a scholarship, when the total State Aid
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20 factors have been determined for the current fiscal year. The
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21 initial payment shall be made after the Department verifies
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22 admission acceptance and enrollment. Quarterly payments shall be
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23 made upon verification of continued enrollment and attendance at the
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24 private school. Payment shall be made by the Department with an
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1 individual warrant made payable to the parent or legal guardian of
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2 the student and mailed by the Department to the private school that
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3 the parent or legal guardian chooses. The parent or legal guardian
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4 shall restrictively endorse the warrant to the private school for
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5 deposit into the account of the private school;
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6 5. The State Department of Education shall not be responsible
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7 for any additional costs associated with special education and
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8 related services incurred by the private school for the student
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9 including the cost of teachers, equipment, material, and special
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10 costs associated with the special education class;
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11 6. The State Department of Education shall establish a toll-
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12 free telephone number or website that provides parents or legal
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13 guardians and private schools with information about the program;
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14 7. The State Department of Education shall require an annual,
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15 notarized, sworn compliance statement by participating private
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16 schools certifying compliance with state laws and shall retain all
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17 records received from a participating private school. The State
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18 Department of Education shall post on its website the annual
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19 compliance statement for each participating private school; and
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20 8. The State Department of Education shall cross-check the list
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21 of participating scholarship students with the public school
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22 enrollments prior to each scholarship payment to avoid duplication.
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23 K. 1. The State Superintendent of Public Instruction shall
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24 deny, suspend, or revoke the participation of a private school in
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1 the scholarship program if it is determined that the private school
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2 has failed to comply with the provisions of this section. However,
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3 in instances in which the noncompliance is correctable within a
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4 reasonable amount of time and in which the health, safety, or
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5 welfare of the students is not threatened, the Superintendent may
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6 issue a notice of noncompliance which shall provide the private
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7 school with a time frame within which to provide evidence of
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8 compliance prior to taking action to suspend or revoke participation
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9 in the scholarship program.
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10 2. If the Superintendent intends to deny, suspend, or revoke
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11 the participation of a private school in the scholarship program,
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12 the Department shall notify the private school of the proposed
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13 action in writing by certified mail and regular mail to the private
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14 school's address of record with the Department. The Department
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15 shall also notify any parents or legal guardians of scholarship
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16 students attending the private school. The notification shall
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17 include the reasons for the proposed action and notice of the
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18 timelines and procedures set forth in this subsection.
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19 3. The private school that is adversely affected by the
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20 proposed action shall have fifteen (15) days from receipt of the
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21 notice of proposed action to file with the Department a request for
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22 an administrative hearing proceeding pursuant to the Administrative
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23 Procedures Act.
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1 4. Upon receipt of a request for a hearing, the State Board of
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2 Education shall commence a hearing within sixty (60) days after the
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3 receipt of the formal written request and enter an order within
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4 thirty (30) days after the hearing.
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5 5. The Board may immediately suspend payment of scholarship
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6 funds if it is determined that there is probable cause to believe
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7 that there is an imminent threat to the health, safety, or welfare
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8 of the students or fraudulent activity on the part of the private
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9 school.
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10 L. No liability shall arise on the part of the state, the State
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11 Board of Education, the State Department of Education, or a school
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12 district based on the award or use of any scholarship provided
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13 through the Lindsey Nicole Henry Scholarships for Students with
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14 Disabilities Program.
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15 M. The inclusion of private schools within options available to
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16 public school students in Oklahoma shall not expand the regulatory
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17 authority of the state or any school district to impose any
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18 additional regulation of private schools beyond those reasonably
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19 necessary to enforce the requirements expressly set forth in this
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20 section.
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21 N. If the State Department of Education determines that a
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22 school district prior to August 26, 2011, has failed to comply with
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23 the provisions of the Lindsey Nicole Henry Scholarships for Students
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24 with Disabilities Program Act and has failed to make full or partial
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1 scholarship payments for eligible students, the Department shall
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2 have authority to reduce the amount of State Aid allocated to the
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3 school district or require the school district to make repayment to
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4 the Department of State Aid allocations in an amount equal to the
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5 amount of scholarship payments the school district failed to make.
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6 The Department shall make payment to the parent or legal guardian in
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7 the amount the school district failed to make in the manner as
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8 provided for in subsection J of this section.
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9 O. The State Department of Education shall annually prepare and
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10 post on its website a report of Lindsey Nicole Henry Scholarships
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11 for Students with Disabilities Program. The annual report shall
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12 include, but not be limited to, the following information:
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13 1. The total number and amount of scholarships awarded and
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14 reported for each participating private school;
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15 2. The total number of scholarships denied;
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16 3. The total number and amount of scholarship payments
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17 suspended for each participating private school; and
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18 4. Data on participating students, disaggregated by years of
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19 participation in the program, grade level, economically
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20 disadvantaged status, racial and ethnic groups, and disability
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21 category.
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22 SECTION 2. This act shall become effective July 1, 2025.
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23 SECTION 3. It being immediately necessary for the preservation
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24 of the public peace, health, or safety, an emergency is hereby
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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