Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 247 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to students; stating legislative
7 findings; creating the Fund Students, Not Systems
8 Act; providing short title; defining terms; creating
8 the Fund Students, Not Systems Education Savings
9 Account Program to be administered by the State
9 Department of Education; providing application
10 procedures; providing for contents of application;
10 providing deadline for submission of application;
11 directing the State Board of Education to establish
11 procedures and timelines for application approval;
12 providing for calculation of education savings
12 account amount; directing the Department to make
13 quarterly transfers; allowing accrual of funds;
13 directing the Department to calculate the total cost
14 of all education savings accounts and reserve or
14 retain certain amount from the amount appropriated
15 for State Aid purposes; prohibiting the act from
15 limiting certain independence or autonomy of private
16 schools and homeschool families; prohibiting the act
16 from requiring private schools or homeschool families
17 be subject to certain requirements; directing the
17 Department to electronically submit a report by
18 certain date; providing for contents of report;
18 allowing the Legislature to use the report to make
19 certain fund adjustments; providing for promulgation
19 of rules; prohibiting certain rules or actions from
20 imposing certain requirements, oversight, or
20 regulations on private schools or homeschool
21 families; providing for severability; providing for
21 noncodification; providing for codification;
22 providing an effective date; and declaring an
22 emergency.
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2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3 SECTION 1. NEW LAW A new section of law not to be
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4 codified in the Oklahoma Statutes reads as follows:
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5 The Legislature finds and declares the following:
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6 1. Strengthening public education is a cornerstone of democracy
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7 and must be supported, improved, and made more efficient to serve
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8 all students effectively. The Fund Students, Not Systems Act
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9 created in Section 2 of this act is designed to provide families
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10 with options while incentivizing innovation and excellence within
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11 public schools in this state;
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12 2. This state's education system must prioritize meeting the
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13 diverse needs of every student, whether the student thrives in a
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14 traditional public school, charter school, or alternative
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15 educational setting. Providing families with additional options
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16 will help ensure that no child is left behind or underserved;
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17 3. Taxpayers in this state invest heavily in education, and the
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18 provisions of this act ensure that funding is allocated fairly to
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19 benefit the students it is intended to serve. Public schools shall
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20 continue to receive robust funding, and families shall have the
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21 flexibility to choose the best educational setting for their
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22 children;
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23 4. Teachers and administrators are the backbone of the
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24 education system in this state. The provisions of this act support
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1 their mission by reducing overcrowding, allowing them to focus on
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2 students who thrive in public school environments, and providing
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3 opportunities for public schools to innovate and compete;
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4 5. By encouraging parental choice and educational flexibility,
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5 the provisions of this act provide opportunities for public schools
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6 to highlight their strengths, develop new programs, and attract
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7 families seeking high-quality education;
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8 6. The ultimate goal of the provisions of this act is to
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9 improve student outcomes across all educational settings. By
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10 focusing resources on the individual needs of students, this state
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11 shall foster a culture of academic excellence and lifelong success;
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12 and
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13 7. A more dynamic and competitive educational landscape will
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14 encourage the development of cutting-edge programs and teaching
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15 methods that benefit public school teachers and administrators.
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16 SECTION 2. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 28-200 of Title 70, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. This act shall be known and may be cited as the "Fund
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20 Students, Not Systems Act".
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21 B. As used in this act:
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22 1. "Compulsory attendance compliance" means adherence to the
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23 provisions of Section 10-105 of Title 70 of the Oklahoma Statutes,
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24 ensuring that all students meet attendance requirements through
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1 public, private, or charter school, or the other means of education
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2 exception provided for in subsection A of Section 10-105 of Title 70
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3 of the Oklahoma Statutes;
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4 2. "Department" means the State Department of Education;
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5 3. "Education savings account" or "ESA" means an account
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6 established to receive state education funds for the benefit of an
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7 eligible student;
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8 4. "Eligible student" means a resident of this state who is
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9 eligible to enroll in a public school in this state and is over the
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10 age of five (5) and under the age of eighteen (18). Eligible
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11 student includes students who have not reached the age of twenty-two
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12 (22) if they are subject to the provisions of the Individuals with
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13 Disabilities Education Act (IDEA);
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14 5. "Participating educational provider" means any public,
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15 private, charter, or virtual charter school chosen by the parent or
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16 legal guardian or the other means of education exception provided
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17 for in subsection A of Section 10-105 of Title 70 of the Oklahoma
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18 Statutes;
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19 6. "Program" means the Fund Students, Not Systems Education
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20 Savings Account Program; and
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21 7. "Qualified expense" means the following services provided by
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22 a participating educational provider:
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23 a. tuition and/or fees for curriculum and instruction,
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24 b. instructional materials, textbooks, and supplies,
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1 c. tutoring or educationally necessary occupational,
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2 physical, or speech therapy,
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3 d. fees for nationally standardized assessments
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4 including, but not limited to, assessments used to
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5 determine college admission and advanced placement
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6 examinations,
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7 e. fees for transportation related to travel to and from
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8 a participating educational service provider, up to
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9 One Thousand Dollars ($1,000.00) per school year,
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10 f. tuition for a curriculum or program offered by a
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11 technology center school,
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12 g. fees associated with participation in extracurricular
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13 activities, and
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14 h. admission fees for state parks, museums, and other
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15 educational field trips.
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16 C. There is hereby created the Fund Students, Not Systems
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17 Education Savings Account Program to be administered by the State
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18 Department of Education to provide an education savings account
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19 (ESA) for qualified expenses to support the education of an eligible
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20 student in this state.
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21 D. 1. To apply for an ESA, the parent or legal guardian of an
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22 eligible student shall submit an application to the State Department
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23 of Education on a form prescribed by the Department and published on
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24 its website. The form shall include, at a minimum, the eligible
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1 student's name, the name of the eligible student's parent or legal
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2 guardian, proof of the eligible student's residency in this state,
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3 and an attestation that the ESA will only be used for qualified
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4 expenses. The application shall be submitted online or by mail by
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5 April 1 preceding the school year for which an ESA is sought.
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6 2. The State Board of Education shall establish procedures and
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7 timelines to approve applications submitted pursuant to paragraph 1
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8 of this subsection.
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9 3. ESA renewal applications shall include confirmation of
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10 continued eligibility and an attestation that the ESA will only be
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11 used for qualified expenses.
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12 E. 1. For each eligible student approved to participate in the
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13 program, the State Department of Education shall calculate an amount
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14 equivalent to the total State Aid factors for the applicable school
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15 year multiplied by the grade and disability weights for which the
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16 student is eligible for the applicable school year. The Department
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17 on a quarterly basis shall transfer the amount calculated pursuant
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18 to this paragraph into an ESA in the name of the eligible student.
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19 Funds deposited into an ESA but unused shall accrue from quarter to
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20 quarter and from year to year unless the ESA is closed or the
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21 student is no longer eligible to participate in the program.
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22 2. The State Department of Education shall calculate the total
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23 costs of all ESAs for all eligible students in this state and shall
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24 reserve or retain from the total amount appropriated to the State
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1 Board of Education for State Aid purposes and any other revenue
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2 available for allocation for State Aid purposes the total cost for
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3 all ESAs.
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4 F. 1. Nothing in this act shall limit the independence or
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5 autonomy of private schools or homeschool families who provide
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6 another means of education pursuant to the exception provided for in
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7 subsection A of Section 10-105 of Title 70 of the Oklahoma Statutes.
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8 2. Nothing in this act shall require private schools or
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9 homeschool families who provide another means of education pursuant
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10 to the exception provided for in subsection A of Section 10-105 of
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11 Title 70 of the Oklahoma Statutes to:
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12 a. adhere to subject matter standards provided for in
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13 Section 11-103.6 of Title 70 of the Oklahoma Statutes,
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14 b. obtain accreditation from the State Board of Education
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15 or another accrediting association,
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16 c. employ teachers who are certified pursuant to Sections
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17 6-190 or 6-122.3 of Title 70 of the Oklahoma Statutes,
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18 or
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19 d. be subject to auditing or financial reporting
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20 requirements of the State Board of Education.
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21 G. By December 31, 2026, and each December 31 thereafter, the
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22 State Department of Education shall electronically submit a report
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23 on the program to the Governor, the President Pro Tempore of the
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24 Senate, and the Speaker of the House of Representatives. The report
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1 shall include the total amount of funds allocated to ESAs for the
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2 prior school year and the average amount allocated per ESA. The
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3 Legislature may use the report to make adjustments to the amount of
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4 funds allocated for the financial support of public schools for the
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5 ensuing fiscal year.
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6 H. 1. The State Board of Education shall promulgate rules to
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7 implement the provisions of this act.
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8 2. No administrative rule promulgated by the Board or action of
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9 the Board shall impose additional requirements, oversight, or
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10 regulations on private schools or homeschool families who provide
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11 another means of education pursuant to the exception provided for in
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12 subsection A of Section 10-105 of Title 70 of the Oklahoma Statutes
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13 beyond those explicitly stated in this act.
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14 SECTION 3. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 28-201 of Title 70, unless there
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16 is created a duplication in numbering, reads as follows:
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17 The provisions of the Fund Students, Not Systems Act created
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18 pursuant to Section 2 of this act are severable and if any part or
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19 provision shall be held void, the decision of the court so holding
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20 shall not affect or impair any of the remaining parts or provisions
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21 of the Fund Students, Not Systems Act.
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22 SECTION 4. This act shall become effective July 1, 2025.
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23 SECTION 5. 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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Req. No. 1288 Page 9Every fact on this page links to its source, starting with the official bill record.