SB 247

1STATE OF OKLAHOMA
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21st Session of the 60th Legislature (2025)
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3 SENATE BILL 247  By: Deevers
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6AS INTRODUCED
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7An Act relating to students; stating legislative
7findings; creating the Fund Students, Not Systems
8Act; providing short title; defining terms; creating
8the Fund Students, Not Systems Education Savings
9Account Program to be administered by the State
9Department of Education; providing application
10procedures; providing for contents of application;
10providing deadline for submission of application;
11directing the State Board of Education to establish
11procedures and timelines for application approval;
12providing for calculation of education savings
12account amount; directing the Department to make
13quarterly transfers; allowing accrual of funds;
13directing the Department to calculate the total cost
14of all education savings accounts and reserve or
14retain certain amount from the amount appropriated
15for State Aid purposes; prohibiting the act from
15limiting certain independence or autonomy of private
16schools and homeschool families; prohibiting the act
16from requiring private schools or homeschool families
17be subject to certain requirements; directing the
17Department to electronically submit a report by
18certain date; providing for contents of report;
18allowing the Legislature to use the report to make
19certain fund adjustments; providing for promulgation
19of rules; prohibiting certain rules or actions from
20imposing certain requirements, oversight, or
20regulations on private schools or homeschool
21families; providing for severability; providing for
21noncodification; providing for codification;
22providing an effective date; and declaring an
22emergency.
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Req. No. 1288  Page 1
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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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Req. No. 1288  Page 2
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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45.   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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86.   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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137.   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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16SECTION 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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19A.   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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21B.   As used in this act:
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221.   “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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23a.     tuition and/or fees for curriculum and instruction,
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24b.     instructional materials, textbooks, and supplies,
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1c.      tutoring or educationally necessary occupational,
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2physical, or speech therapy,
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3d.      fees for nationally standardized assessments
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4including, but not limited to, assessments used to
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5determine college admission and advanced placement
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6examinations,
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7e.      fees for transportation related to travel to and from
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8a participating educational service provider, up to
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9One Thousand Dollars ($1,000.00) per school year,
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10f.      tuition for a curriculum or program offered by a
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11technology center school,
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12g.      fees associated with participation in extracurricular
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13activities, and
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14h.      admission fees for state parks, museums, and other
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15educational 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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12a.   adhere to subject matter standards provided for in
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13Section 11-103.6 of Title 70 of the Oklahoma Statutes,
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14b.      obtain accreditation from the State Board of Education
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15or another accrediting association,
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16c.      employ teachers who are certified pursuant to Sections
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176-190 or 6-122.3 of Title 70 of the Oklahoma Statutes,
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18or
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19d.      be subject to auditing or financial reporting
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20requirements 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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4    60-1-1288      EB        12/30/2024 5:44:27 PM
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