Oklahoma 2024 Regular Session

Oklahoma House Bill HB3457 Latest Draft

Bill / Amended Version Filed 04/10/2024

                             
 
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SENATE FLOOR VERSION 
April 9, 2024 
 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL NO. 3457 	By: Moore of the House 
 
  and 
 
  Pugh of the Senate 
 
 
 
 
 
An Act relating to the Oklahoma Higher Learning 
Access Program; amending 70 O.S. 2021, Section 2603, 
which relates to eligibility requirements; providing 
eligibility for children of certain teachers; 
defining term; amending 70 O.S. 2021, Section 2605, 
as amended by Section 1, Chapter 400, O.S.L. 2022 (70 
O.S. Supp. 2023, Section 2605), which relates to 
student agreements; exempting students who are 
children of certain teachers from financial 
qualification determination; defining term; directing 
the Oklahoma State Regents for Higher Education to 
verify certain employment status; providing an 
effective date; and declaring an emergency. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     70 O.S. 2021, Section 2603, is 
amended to read as follows: 
Section 2603.  A.  Except as otherwise provided for in 
subsection B of this section and elsewhere in this section, to be 
eligible to participate in the Oklahoma Higher Learning Access 
Program and to qualify for an award which includes payment of an   
 
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amount equivalent to resident tuition or other tuition pursuant to 
Section 2604 of this title fo r the first semester or other academic 
unit of postsecondary enrollment, a student shall: 
1.  Be a resident of this state or be enrolled in a school 
district located in this state that serves students who reside in 
both this state and an adjacent state pursuant to a contract as 
authorized in Section 5 -117.1 of this title; 
2.  Be a United States citizen or lawfully present in the United 
States.  A student who is not a United States citizen or lawfully 
present in the United States shall not be eligible to par ticipate in 
the Oklahoma Higher Learning Access Program and to qualify for an 
award notwithstanding the provisions of Section 3242 of this title.  
The provisions of this paragraph shall not apply to any student who 
was enrolled in the Oklahoma Higher Learning Access Program prior to 
the end of the 2006-2007 school year; 
3.  Have a record of satisfactory compliance with agreements 
executed pursuant to Section 2605 of this title; 
4. a. have graduated within the previous three (3) years 
from a high school accr edited by the State Board of 
Education, or the Oklahoma School of Science and 
Mathematics with a minimum 2.5 cumulative grade point 
average on a 4.0 scale for all work attempted in 
grades nine through twelve,   
 
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b. have graduated within the previous three (3) years 
from a high school not accredited by the State Board 
of Education with a minimum 2.5 cumulative grade point 
average on a 4.0 scale for all work attempted in 
grades nine through twelve and have achieved a 
composite score of 22 or higher on the ACT te st, or 
c. have satisfactorily completed within the previous 
three (3) years an educational program that was 
provided through a means other than a public or 
private school and have achieved a composite score of 
22 or higher on the ACT test; 
5.  Have completed the curricular requirements for admission to 
an institution within The Oklahoma State System of Higher Education 
and one additional unit or set of competencies in a course that 
meets college admission requirements.  The curriculum requirements 
shall include two units or sets of competencies in foreign or non -
English language or technology courses that meet the college 
admission requirements and one unit or set of competencies of a fine 
arts course.  Students shall also have attaine d a 2.5 grade point 
average in the core curriculum courses.  Students who attended a 
high school which did not offer all the core curriculum courses or 
students who were educated by other means and were not offered all 
the core curriculum courses shall be allowed to satisfy this 
curriculum requirement by participating in a program approved by the   
 
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Oklahoma State Regents for Higher Education for remediation of high 
school curricular deficiencies; 
6.  Have satisfied admission standards as determined by the 
Oklahoma State Regents for Higher Education for first -time-entering 
students for the appropriate type of institution, or, if attending a 
private institution, have satisfied admission standards as 
determined by the private institution.  No student participatin g in 
the Oklahoma Higher Learning Access Program shall be admitted into 
an institution of higher education by special admission standards; 
7.  Have secured admission to, and enrolled in, an institution 
which is a member of The Oklahoma State System of High er Education, 
a postsecondary vocational -technical program offered by a technology 
center school that meets the requirements to be eligible for federal 
student financial aid, or a private institution of higher learning 
located within this state and accredi ted pursuant to Section 4103 of 
this title; and 
8. a. have established financial need according to the 
provisions of subsection D of Section 2605 of this 
title and standards and provisions promulgated by the 
Oklahoma State Regents for Higher Education, 
b. if the student was adopted between birth and twelve 
(12) years of age while in the permanent custody of 
the Department of Human Services, in the court -ordered 
custody of a licensed private nonprofit child -placing   
 
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agency, or federally recognized Indian trib e, as 
defined by the federal Indian Child Welfare Act, have 
established financial need according to the provisions 
of paragraph 1 of subsection E of Section 2605 of this 
title and standards and provisions promulgated by the 
Oklahoma State Regents for Highe r Education, or 
c. if the student was adopted between thirteen (13) and 
seventeen (17) years of age while in the permanent 
custody of the Department of Human Services, in the 
court-ordered custody of a licensed private nonprofit 
child-placing agency, or fe derally recognized Indi an 
tribe, as defined by the federal Indian Child Welfare 
Act, have established financial need according to the 
provisions of paragraph 2 of subsection E of Section 
2605 of this title and standards and provisions 
promulgated by the Ok lahoma State Regents for Higher 
Education, or 
d. if the student is the child of a certified classroom 
teacher, as provided for in paragraph 4 of subsection 
E of Section 2605 of this title.  For the purposes of 
this paragraph, “certified classroom teacher ” means 
any certified, full-time teacher who has been employed 
by a public school district in this state for a 
minimum of ten (10) years.  A certified classroom   
 
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teacher shall not be required to have been employed by 
the same public school district for ten (1 0) years or 
been employed for ten (10) consecutive years . 
B.  1.  A student shall be eligible to participate in the 
Oklahoma Higher Learning Access Program and to qualify for an award 
which includes payment of an amount equivalent to resident tuition 
or other tuition pursuant to Section 2604 of this title for the 
first semester or other academic unit of postsecondary enrollment if 
the student meets all of the following criteria: 
a. is a child of any person killed after January 1, 2000, 
in the line of duty i n any branch of the United States 
Armed Forces or who died after January 1, 2000, as a 
result of an injury sustained while in the line of 
duty in any branch of the United States Armed Forces 
and the person who was killed or died filed an 
individual or joint Oklahoma income tax r eturn for the 
tax year prior to the year during which the person was 
killed or died, 
b. is a resident of this state or is enrolled in a school 
district located in this state that serves students 
who reside in both this state and an a djacent state 
pursuant to a contract as authorized in Section 5 -
117.1 of this title,   
 
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c. enrolls in an institution within The Oklahoma State 
System of Higher Education prior to reaching the age 
of twenty-one (21), 
d. has satisfied admission standards as det ermined by the 
Oklahoma State Regents for Higher Education for first -
time-entering students for the appropriate type of 
institution, or, if attending a private institution, 
has satisfied admission standards as determined by the 
private institution.  No stu dent participating in the 
Oklahoma Higher Learning Access Program shall be 
admitted into an institution of higher education by 
special admission standards, 
e. has secured admission to, and enrolled in, an 
institution which is a member of The Oklahoma State 
System of Higher Educa tion, a postsecondary 
vocational-technical program offered by a technology 
center school that meets the requirements to be 
eligible for federal student financial aid, or a 
private institution of higher learning located within 
this state and accredited pursuant to Section 4103 of 
this title, and 
f. executes an agreement pursuant to subsection C of 
Section 2605 of this title.   
 
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2.  A student who is eligible to participate in the program 
pursuant to this subsection shall not be required to meet the 
eligibility requirements set forth in subsection A of this section. 
C.  To retain eligibility while pursuing the program of higher 
learning in which enrolled, the student shall: 
1.  Meet the requirements for retention and degree completion as 
established by the institution in which the student is enrolled; 
2.  Maintain good academic standing and satisfactory academic 
progress according to standards of the Oklahoma State Regents for 
Higher Education; 
3.  Maintain satisfactory academic progress as r equired for 
eligibility for federal Title IV student financial aid programs.  
The provisions of this paragraph shall become effective for the 
2012-2013 school year; 
4.  Comply with the standards related to maintenance of 
eligibility as promulgated by the O klahoma State Regents for Higher 
Education; and 
5.  Refrain from conduct that leads to expulsion or suspension 
of more than one semester from an institution of higher education.  
A student who violates the provisions of this paragraph shall 
permanently lose eligibility for progr am benefits.  The provisions 
of this paragraph shall become effective January 1, 2008. 
D.  The Oklahoma State Regents for Higher Education and the 
State Board of Career and Technology Education shall promulgate   
 
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rules relating to main tenance of eligibility under the Oklahoma 
Higher Learning Access Act by a student. 
E.  It is the intent of the Legislature that students in the 
ninth grade for the 1992 -93 school year who are determined to be 
eligible Oklahoma Higher Learning Access studen ts pursuant to the 
Oklahoma Higher Learning Access Act shall be the first students 
eligible for benefits from the Oklahoma Higher Learning Access Trust 
Fund. 
F.  The Oklahoma State Regents for Higher Education are 
authorized to study, develop , and propose criteria for determining 
award eligibility based upon the completion of seven semesters of 
high school coursework by a student. 
SECTION 2.     AMENDATORY     70 O.S. 2021, Section 2605, as 
amended by Section 1, Chapter 400, O.S.L. 2022 (7 0 O.S. Supp. 2023, 
Section 2605), is amended to read as follows: 
Section 2605.  A.  Each school year, every fifth - through 
eleventh-grade student in the public and private schools of this 
state and students who are educated by other means and are in the 
equivalent of the fifth through eleventh grade shall be apprised, 
together with the parent, custodial parent, or guardian of the 
student, of the opportunity for access to higher learning under the 
Oklahoma Higher Learning Access Program.  The Oklahoma State Regents 
for Higher Education and the State Board of Education shall develop, 
promote, and coordinate a public awareness program to be utilized in   
 
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making students and parents aware of the Oklahoma Higher Learning 
Access Program. 
B.  On a form provided by th e Oklahoma State Regents for Higher 
Education, every public school district shall designate at least one 
Oklahoma Higher Learning Access Program contact person, who shall be 
a counselor or teacher, at each public school site in this state in 
which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.  
When requested by the State Regents, the State Board of Education 
shall assist the State Regents to ensure the designation of contact 
persons.  Private schools shall also designate at least one school 
official as a contact person.  For students who are educated by 
other means, a parent or guardian or other person approved by the 
State Regents shall be designated the contact person. 
C.  1.  Students who qualify on the basis of financial need 
according to subsection D or E of this section or who meet the 
eligibility qualification set forth in subparagraph a of paragraph 1 
of subsection B of Section 2603 of this title prior to entering the 
eleventh grade or prior to reaching the age of sixteen (16) and the 
standards and provisions promulgated by the Oklahoma State Regents 
for Higher Education shall be given the opportunity throughout the 
eighth-, ninth-, tenth-, and eleventh-grade years, for students 
enrolled in a public or private school, or between the ag es of 
thirteen (13) and sixteen (16), for students who are educated by 
other means, to enter into participation in the program by agreeing   
 
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to, throughout the remainder of their school years or educational 
program: 
a. attend school or an educational program regularly and 
do homework regularly, 
b. refrain from substance abuse, 
c. refrain from commission of crimes or delinquent acts, 
d. have school work and school records reviewed by 
mentors designated pursuant to the program, 
e. provide information requested by the Oklahoma State 
Regents for Higher Education or the State Board of 
Education, and 
f. participate in program activities. 
2.  Students who meet the eligibility qualification set forth in 
subparagraph a of paragraph 1 of subsection B of Section 2603 of 
this title after completing the eleventh grade or after reaching the 
age of seventeen (17) shall be given the opportunity prior to 
reaching the age of twenty -one (21) to enter into participation in 
the program and shall execute an agreement with provisions as 
determined by the Oklahoma State Regents for Higher Education. 
3.  The contact person shall maintain the agreements, which 
shall be executed on forms provided by the Oklahoma State Regents 
for Higher Education and managed according to regulations 
promulgated by the Oklahoma State Regents for Higher Education, and 
the contact person shall monitor compliance of the student with the   
 
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terms of the agreement.  The Oklahoma State Regents for Higher 
Education are authorized to process student agreements and ver ify 
compliance with the agreements.  Students failing to comply with the 
terms of the agreement shall not be eligible for the awards provided 
in Section 2604 of this title. 
D.  Except as otherwise provided for in subsection E of this 
section and except for students who qualify pursuant to subsection B 
of Section 2603 of this title, a student shall not be found to be in 
financial need for purposes of the Oklahoma Higher Learning Access 
Program if: 
1.  At the time the student applies for participation in the 
program during the eigh th, ninth, or tenth grade for students 
enrolled in a public or private school, or between the ages of 
thirteen (13) and fifteen (15), for students who are educated by 
other means, the income from taxable and nontaxable sources of the 
student’s parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per 
year; 
2.  Beginning with eighth -, ninth-, or tenth-grade students who 
are enrolled in a public or private school or students between the 
ages of thirteen (13) and fifteen (15) who are edu cated by other 
means who apply for participation in the program in the 2017 -2018 
school year, the federal adjusted gross income of the student ’s 
parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;   
 
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3.  Beginning with eighth -, ninth-, tenth-, or eleventh-grade 
students who are enrolled in a public or private school or students 
between the ages of thirteen (13) and sixteen (16) who are educated 
by other means who apply for participation in the program in the 
2021-2022 school year, the federal adjusted gross income o f the 
student’s parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per 
year; 
4.  Beginning with eighth -, ninth-, tenth-, or eleventh-grade 
students who are enrolled in a public or private school or students 
between the ages of thi rteen (13) and sixteen (16) who are educated 
by other means who apply for participation in the program in the 
2022-2023 school year: 
a. the federal adjusted gross income of the student ’s 
parent(s), who have two or fewer dependent children, 
exceeds Sixty Thousand Dollars ($60,000 .00) per year, 
b. the federal adjusted gross income of the student ’s 
parent(s), who have three or four dependent children, 
exceeds Seventy Thousand Dollars ($70,000.00) per 
year, or 
c. the federal adjusted gross income of the student ’s 
parent(s), who have five or more dependent children, 
exceeds Eighty Thousand Dollars ($80,000.00) per year; 
5.  At the time the student begins postsecondary education and 
prior to receiving any Oklahoma Higher Learning Access Program   
 
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benefit award, the federal adjusted gross income of the student ’s 
parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per 
year; 
6.  Beginning with the 2018 -2019 academic year, prior to 
receiving any Oklahoma Higher Learning Access Program benefit award 
for any year during which the student is enrolled in an institution 
which is a member of The Oklahoma State System of Higher Education, 
a postsecondary vocational -technical program offered by a technology 
center school that meets the requirements to be eligible for fed eral 
student financial aid, or a private institution of higher learning 
located within this state and accredited pursuant to Section 4103 of 
this title, the federal adjusted gross income of the student ’s 
parent(s) exceeds One Hundred Thousand Dollars ($100 ,000.00) per 
year. 
The determination of financial qualification as set forth in 
paragraphs 5 and 6 of this subsection shall be based on the income 
of the student, not the income of the parent(s), if a student: 
a. is determined to be independent of the stud ent’s 
parents for federal financial aid purposes, 
b. was in the permanent custody of the Department of 
Human Services at the time the student enrolled in the 
program, or 
c. was in the court-ordered custody of a federally 
recognized Indian tribe, as defined by the federal   
 
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Indian Child Welfare Act, at the time the student 
enrolled in the program. 
The provisions of this paragraph shall apply to any student who 
has received an Oklahoma Higher Learning Access Program benefit 
award after the 2017 -2018 school year; and 
7.  The Oklahoma State Regents for Higher Education shall review 
the determination of financial qualification as set forth in 
paragraphs 1, 2, 3, and 4 of this subsection if the income from 
taxable and nontaxable sources of the student ’s parent(s) includes 
income received from nontaxable military benefits or income received 
from the federal Social Security Administration due to the death or 
disability of the student ’s parent(s).  If the income from taxable 
and nontaxable sources of the student ’s parent(s), excluding income 
received from nontaxable military benefits or income received from 
the federal Social Security Administration due to the death or 
disability of the student ’s parent(s), does not exceed the 
limitations set forth by paragraphs 1, 2, 3, and 4 of this 
subsection, the student shall be determined to have met the 
financial qualification set forth in paragraphs 1, 2, 3, and 4 of 
this subsection. 
E.  1.  A student who was adopted between birth and twelve (12) 
years of age while in the permanen t custody of the Depart ment of 
Human Services, in the court -ordered custody of a licensed private 
nonprofit child-placing agency, or federally recognized Indian   
 
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tribe, as defined by the federal Indian Child Welfare Act, shall not 
be found to be in financia l need for purposes of the Oklahoma Higher 
Learning Access Program if at the time the student begins 
postsecondary education and prior to receiving any Oklahoma Higher 
Learning Access Program benefit award, the federal adjusted gross 
income of the student ’s parent(s) exceeds One Hundred Fifty Thousand 
Dollars ($150,000.00) per year.  The provisions of this paragraph 
shall not apply to any student who has received an Oklahoma Higher 
Learning Access Program benefit award prior to the 2012 -2013 school 
year. 
2. A student who was adopted between thirteen (13) and 
seventeen (17) years of age while in the permanent custody of the 
Department of Human Services, in the court -ordered custody of a 
licensed private nonprofit child -placing agency, or federally 
recognized Indian tribe, as defin ed by the federal Indian Child 
Welfare Act, shall not be found to be in financial need for purposes 
of the Oklahoma Higher Learning Access Program if at the time the 
student begins postsecondary education and prior to receiving any 
Oklahoma Higher Learning Access Program benefit award, the federal 
adjusted gross income of the student ’s parent(s) exceeds Two Hundred 
Thousand Dollars ($200,000.00) per year.  The provisions of this 
paragraph shall not apply to any student who has receive d an 
Oklahoma Higher Learning Access Program benefit award prior to the 
2012-2013 school year.   
 
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3.  Except for students who qualify pursuant to subsection B of 
Section 2603 of this title, the determination of financial 
qualification as set forth in this sub section shall be based on the 
income of the student, not the income of the parent(s), if the 
student is determined to be independent of the student ’s parent(s) 
for federal financial aid purposes.  A determination of financial 
qualification shall not be req uired for the student w ho meets the 
criteria set forth in this subsection at the time the student 
applies for participation in the program.  The provisions of this 
paragraph shall not apply to any student who has received an 
Oklahoma Higher Learning Access Program benefit award prior to the 
2008-2009 school year. 
4. a. A determination of financial qualification is not 
required for a student who is the child of a certified 
classroom teacher at the time the student applies for 
participation in the Oklahoma Hi gher Learning Access 
Program and prior to receiving any Oklahoma Higher 
Learning Access Program benefit award for any year 
during which the student is enrolled in an institution 
which is a member of The Oklahoma State System of 
Higher Education, a postseco ndary vocational-technical 
program offered by a technology center school that 
meets the eligibility requirements for federal student 
financial aid, or a private institution of higher   
 
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learning located within this state and accredited 
pursuant to Section 410 3 of this title.  The O klahoma 
State Regents for Higher Education shall verify the 
full-time employment status of the student ’s parent(s) 
prior to the student receiving any Oklahoma Higher 
Learning Access Program benefit award.  The provisions 
of this paragraph shall apply to eighth -, ninth-, 
tenth-, or eleventh-grade students who are enrolled in 
a public or private school or students between the 
ages of thirteen (13) and fifteen (15) who are 
educated by other means who apply for participation in 
the program after the 2023-2024 school year. 
b. For the purposes of this paragraph, “certified 
classroom teacher” means any certified, full -time 
teacher who has been employed by a public school 
district in this state for a minimum of ten (10) 
years.  A certified classroom teacher shall not be 
required to have been employed by the same public 
school district for ten (10) years or been employed 
for ten (10) consecutive years . 
F.  The financial qualification of a student as set forth in 
subsections D and E of this secti on shall be certified b y the 
contact person or by the Oklahoma State Regents for Higher Education 
on the agreement form provided by the Oklahoma State Regents for   
 
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Higher Education.  The form shall be retained in the permanent 
record of the student and a co py forwarded to the Oklahoma State 
Regents for Higher Education. 
G.  Agreements shall be witnessed by the parent, custodial 
parent, or guardian of the student, who shall further agree to: 
1.  Assist the student in achieving compliance with the 
agreements; 
2.  Confer, when reques ted to do so, with the school contact 
person, other school personnel, and program mentors; 
3.  Provide information requested by the Oklahoma State Regents 
for Higher Education or the State Board of Education; and 
4.  Assist the stude nt in completing forms and reports required 
for program participation, making applications to institutions and 
schools of higher learning, and filing applications for student 
grants and scholarships. 
H.  Students who are enrolled in a school district locat ed in 
this state that serves students who reside in both this state and an 
adjacent state pursuant to a contract as authorized in Section 5 -
117.1 of this title, are in the eleventh and twelfth grades during 
the 2006-2007 school year, and who were denied pa rticipation in the 
program shall be allowed to enter or reenter into participation in 
the program by entering into agreements as set forth in subsections 
C and D of this section by June 1, 2008.   
 
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I.  The Oklahoma State Regents for Higher Education shall 
promulgate rules for the d etermination of student compliance with 
agreements made pursuant to this section. 
J.  The Oklahoma State Regents for Higher Education shall 
designate personnel to coordinate tracking of program records for 
the years when students par ticipating in the program are still in 
the schools or are being educated by other means, provide staff 
development for contact persons in the schools, and provide liaison 
with the State Board of Education and local organizations and 
individuals participati ng in the program. 
K.  The school district where an Oklahoma Higher Learning Access 
Program student is enrolled when the student begins participation in 
the program and any subsequent school district where the student 
enrolls shall forward information rega rding participation by the 
student in the program to a school to which the student transfers 
upon the request of the school for the records of the student. 
L.  Students participating in the Oklahoma Higher Learning 
Access Program shall provide their Social Security number or the ir 
student identification number used by their school to the Oklahoma 
State Regents for Higher Education.  The Regents shall keep the 
numbers confidential and use them only for administrative purposes. 
SECTION 3.  This act shall become effective July 1, 2024. 
SECTION 4.  It being immediately necessary for the preservation 
of the public peace, health, or safety, an emergency is hereby   
 
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declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION 
April 9, 2024 - DO PASS AS AMENDED BY CS