Bill Text: NY A03289 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the establishment, organization, and administration of charter schools.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A03289 Detail]

Download: New_York-2019-A03289-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3289--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 29, 2019
                                       ___________

        Introduced  by M. of A. BICHOTTE, ABINANTI, COOK, DINOWITZ, GALEF, GOTT-
          FRIED, M. G. MILLER, SIMON, JAFFEE, OTIS, McDONOUGH,  HYNDMAN,  LIFTON
          --  Multi-Sponsored  by -- M. of A. GLICK, RAIA, RAMOS, THIELE -- read
          once  and  referred  to  the  Committee  on  Education  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  education law, in relation to the enrollment of
          students at charter schools, the suspension  of  students  at  charter
          schools and the administration of charter schools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (h) and (j) of subdivision 2 of section 2851  of
     2  the  education  law,  as  added  by  chapter  4 of the laws of 1998, are
     3  amended to read as follows:
     4    (h) The rules and procedures by which  students  may  be  disciplined,
     5  including  but  not  limited to expulsion or suspension from the school,
     6  which shall be consistent with the requirements of [due process] section
     7  thirty-two hundred fourteen of this chapter and with  federal  laws  and
     8  regulations  governing  the placement of students with disabilities, and
     9  pursuant to subdivision four of section twenty-eight hundred  fifty-four
    10  of  this  article.  The application shall also include a code of conduct
    11  consistent with section twenty-eight hundred one of this title.
    12    (j) (i) Information regarding the facilities to be used by the school,
    13  including the location of the school, if known, and the means  by  which
    14  pupils  will be transported to and from the school. If the facilities to
    15  be used by the proposed school are not known at the time the application
    16  is submitted, the applicant shall notify  the  charter  entity  and,  if
    17  applicable,  the  board of regents within ten business days of acquiring
    18  facilities for such school; provided, however, that the  charter  school
    19  must  obtain a certificate of occupancy for such facilities prior to the
    20  date on which instruction is to commence at the school.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07370-05-9

        A. 3289--A                          2

     1    (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
     2  graph,  an  applicant to establish a charter school to be located in New
     3  York city shall include the  specific  community  school  district  such
     4  proposed  charter  school will be located within and whether such appli-
     5  cant  will request co-location or private space for the facilities to be
     6  used by the school. If the application is approved, such charter  school
     7  shall  not  be  located  within any community school district other than
     8  such district provided on such application.
     9    § 2. Paragraph (c) of subdivision 4 of section 2851 of  the  education
    10  law,  as  added  by  chapter 4 of the laws of 1998, is amended and a new
    11  paragraph (f) is added to read as follows:
    12    (c) Copies of each  of  the  annual  reports  of  the  charter  school
    13  required  by  [subdivision]  subdivisions two and six of section twenty-
    14  eight hundred fifty-seven of this article, including the charter  school
    15  report cards and the certified financial statements.
    16    (f) Notwithstanding the provisions of subdivision two of section twen-
    17  ty-eight  hundred  fifty-three  of  this  article, an audit report by an
    18  independent certified public accountant or independent public accountant
    19  on the operations of the charter school, including compliance  with  the
    20  applicable provisions of this chapter and the not-for-profit corporation
    21  law,  and  with  all  other  applicable  laws,  regulations  and charter
    22  provisions.
    23    § 3. Section 2851 of the education law is  amended  by  adding  a  new
    24  subdivision 6 to read as follows:
    25    6. Notwithstanding the provisions of subdivision four of this section,
    26  no charter shall be renewed if the charter school has failed to:
    27    (a)  meet  the  student  achievement  goals for the school educational
    28  program, as required in the application;
    29    (b) improve student learning and achievement;
    30    (c) materially further the purposes set forth in  subdivision  two  of
    31  section twenty-eight hundred fifty of this article; or
    32    (d)  maintain enrollment, suspension and attrition rates of either all
    33  students or specifically students who are English language learners, are
    34  eligible for the free or reduced price lunch  program  or  are  students
    35  with  disabilities,  as  reported pursuant to subdivision six of section
    36  twenty-eight hundred fifty-seven of this article, which are within  five
    37  percent  of  such  rates  for  the school district in which such charter
    38  school is located. For the purposes of a charter school located within a
    39  city with a population of one million or more the school  district  used
    40  for  comparison  shall  be  the  community school district in which such
    41  charter school is located; or
    42    (e) pass an audit, carried out pursuant to subdivision six of  section
    43  twenty-eight hundred fifty-seven of this article, which finds such char-
    44  ter  school  has  been encouraging students to leave or pushing students
    45  out of the school for illegitimate reasons; or
    46    (f) to follow the provisions of articles six and seven of  the  public
    47  officers law.
    48    §  4.  Paragraph (d) of subdivision 2 of section 2854 of the education
    49  law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
    50  follows:
    51    (d)  A student may withdraw from a charter school at any time pursuant
    52  to a written form created by the department in which the parent or legal
    53  guardian of the student certifies that the parent or legal  guardian  is
    54  willingly  and knowingly withdrawing the student from the charter school
    55  without any undue pressure or influence by any owner or employee of  the
    56  charter  school,  and  enroll  in  a public school. A charter school may

        A. 3289--A                          3

     1  refuse admission to any student who has been expelled or suspended  from
     2  a  public  school  until  the period of suspension or expulsion from the
     3  public school has expired, consistent with the requirements of due proc-
     4  ess.
     5    §  5. Section 2854 of the education law is amended by adding three new
     6  subdivisions 4, 5 and 6 to read as follows:
     7    4. Suspension of a student. (a) A  charter  school  shall  suspend  an
     8  enrolled  student  pursuant  to  subdivisions two-a and three of section
     9  thirty-two hundred fourteen of this chapter, and only in accordance with
    10  the procedures set forth in this subdivision.
    11    (b) The principal of the charter  school  where  the  student  attends
    12  shall  have  the power to suspend the student for a period not to exceed
    13  five school days pursuant to the due process  procedures  set  forth  in
    14  paragraph  b of subdivision three of section thirty-two hundred fourteen
    15  of this chapter.  The student or the person in parental relation to such
    16  student may appeal the final decision of the principal to the  board  of
    17  trustees of the charter school.
    18    (c)(i)  No student enrolled in a charter school may be suspended for a
    19  period in excess of five school days unless such student and the  person
    20  in parental relation to such student shall have had an opportunity for a
    21  hearing,  upon  reasonable  notice, at which such student shall have the
    22  right of representation by counsel, with the right to question witnesses
    23  against such student and to present witnesses and other evidence on  his
    24  or her behalf.
    25    (ii)  Where a student has been suspended in accordance with this para-
    26  graph, the charter school shall, within five  days  of  the  suspension,
    27  inform  the superintendent of the school district or, in the city school
    28  district of the city of New York, of a community school district,  where
    29  the  charter school is located shall, upon being notified of the suspen-
    30  sion, who shall forthwith designate a hearing officer to hear and deter-
    31  mine the proceeding. The hearing officer shall be authorized to adminis-
    32  ter oaths and to issue subpoenas  in  conjunction  with  the  proceeding
    33  before  him  or her. A record of the hearing shall be maintained, but no
    34  stenographic transcript shall be required and a tape recording shall  be
    35  deemed a satisfactory record. The hearing officer shall make findings of
    36  fact  and  a  recommendation on the appropriate measure of discipline to
    37  the chief executive officer of the charter school. The  chief  executive
    38  officer  may  reject,  confirm  or modify the conclusions of the hearing
    39  officer. A parent may appeal the decision of the chief executive officer
    40  to the board of trustees of the charter school.
    41    (d) A student with a disability as such term  is  defined  in  section
    42  forty-four  hundred  one of this chapter or a student presumed to have a
    43  disability for discipline purposes, may be suspended or removed from his
    44  or her current educational placement for violation of school rules  only
    45  in accordance with the procedures established in paragraph g of subdivi-
    46  sion  three  of section thirty-two hundred fourteen of this chapter, the
    47  regulations  of  the  commissioner  implementing  such  paragraph,   and
    48  subsection (k) of section 1415 of title 20 of the United States code and
    49  the  federal  regulations implementing such statute, as such federal law
    50  and regulations are from time to time amended.
    51    (e) Any teacher shall have the power and authority to remove a disrup-
    52  tive student pursuant to the procedures set forth in subdivision three-a
    53  of section thirty-two hundred fourteen of this chapter.
    54    (f) Where a student has been suspended pursuant  to  this  subdivision
    55  and  such student is of compulsory attendance age, immediate steps shall
    56  be taken for his or her attendance upon instruction  at  home  or  else-

        A. 3289--A                          4

     1  where.  A charter school shall provide full-time alternative instruction
     2  for  the  time period that the student is suspended. The student and the
     3  parents or guardians of such student shall be  provided  notice  of  the
     4  time and location of the alternative instruction.
     5    5.  Posting  of  charter and policies. (a) A charter school shall post
     6  its charter, including its disciplinary policies, conspicuously  on  its
     7  website,  and make such charter and policies available to the parents or
     8  guardians of the students upon request free of charge within  five  days
     9  of such request.
    10    (b)  A  charter  school  shall  develop  and post conspicuously on its
    11  website a clear and simple process for parents or guardians of  students
    12  to  file  complaints and appeals. Such process posted shall include at a
    13  minimum, contact information, including but not  limited  to  an  e-mail
    14  address,  a  description  of  how  to  file  a complaint and/or appeal a
    15  suspension, and a schedule of deadlines for responses  by  such  charter
    16  school to complaints and appeals.
    17    6.  Parent  or  guardian  representation.  Within three years from the
    18  effective date of this subdivision, half of the membership of the  board
    19  of  a  charter  school  shall  be  composed  of  parents or guardians of
    20  students enrolled at such charter school.  Such parent or guardian board
    21  positions shall be elected directly by  the  parents  and  guardians  of
    22  students enrolled at such charter school. The commissioner shall promul-
    23  gate  rules  and regulations regarding the timing and conducting of such
    24  elections.
    25    § 6. Paragraphs (c), (d) and (e) of subdivision 1 of section  2854  of
    26  the education law, paragraph (c) as amended by section 10-b of part A of
    27  chapter  56  of the laws of 2014, and paragraphs (d) and (e) as added by
    28  chapter 4 of the laws of 1998, are amended to read as follows:
    29    (c) A charter school shall be subject to  the  financial  audits,  the
    30  audit  procedures,  and the audit requirements set forth in the charter,
    31  and shall be subject to audits of the comptroller  of  the  city  school
    32  district of the city of New York for charter schools located in New York
    33  city,  and to the audits of the comptroller of the state of New York for
    34  charter schools located in  the  rest  of  the  state,  at  his  or  her
    35  discretion, with respect to the school's financial operations.  Any such
    36  audits  shall  include  an  audit  to  determine  whether  the financing
    37  received by the charter school pursuant to section twenty-eight  hundred
    38  fifty-six  of  this  article  is consistent with the number of qualified
    39  students who are eligible to enroll, and are actually enrolled  in  such
    40  charter  school, including whether such enrolled students meet the resi-
    41  dency requirements for enrollment.  In the event of an overpayment,  the
    42  office  of  the  state  comptroller  shall  be authorized to recover the
    43  excess in payment by deducting from any state funds which become due  to
    44  such charter school or refer the matter to the state attorney general to
    45  initiate  a civil action against the charter school to recover the over-
    46  payment. Such procedures and standards shall be consistent with general-
    47  ly accepted accounting and audit standards.  Independent  fiscal  audits
    48  shall be required at least once annually.
    49    (d)  A charter school shall design its educational programs to meet or
    50  exceed the student performance standards adopted by the board of regents
    51  and the student performance standards contained in the charter. Students
    52  attending charter school shall be required to take regents  examinations
    53  to the same extent such examinations are required of other public school
    54  students.    A  charter school shall utilize the same methods as used by
    55  the school district such charter school is located in  to  ensure  blind
    56  scoring of the mandated state exams, including in New York city, cooper-

        A. 3289--A                          5

     1  ative  grading sites, and shall also be subject to any other methods the
     2  state or district may use to ensure integrity of results, including, but
     3  not limited to, independent monitors and  erasure  analysis.  A  charter
     4  school  offering instruction in the high school grades may grant regents
     5  diplomas and local diplomas to the same extent as other public  schools,
     6  and such other certificates and honors as are specifically authorized by
     7  their  charter,  and  in  testimony  thereof give suitable certificates,
     8  honors and diplomas under its seal; and every certificate and diploma so
     9  granted shall entitle the conferee  to  all  privileges  and  immunities
    10  which  by  usage  or  statute are allowed for similar diplomas of corre-
    11  sponding grade granted by any other public school.    A  charter  school
    12  shall  be  subject  to performance audits, the audit procedures, and the
    13  audit requirements set forth in the charter, and  shall  be  subject  to
    14  audits of the comptroller of the city school district of the city of New
    15  York  for charter schools located in New York city, and to the audits of
    16  the comptroller of the state of New York for charter schools located  in
    17  the  rest  of  the  state, at his or her discretion, with respect to the
    18  school's performance.
    19    (e) (i) A charter school shall be subject to the provisions  of  arti-
    20  cles six and seven of the public officers law.
    21    (ii) Notwithstanding any other law to the contrary, the board meetings
    22  of  a  charter  school, its networks and charter management organization
    23  shall be subject to the provisions of article seven of the public  offi-
    24  cers  law,  and  shall publicly post in a prominent place on its website
    25  the time and location of meetings at least seventy-two hours in advance.
    26  A charter school shall also retain a mailing list of persons who request
    27  notification of its meetings and send such information to the persons on
    28  such list at least seventy-two hours in advance of any meeting.
    29    (iii) A charter school and its board shall keep a  public  archive  of
    30  all  such  announcements  required under subparagraph (ii) of this para-
    31  graph.  Board meeting minutes shall be posted online and be available in
    32  print upon request.
    33    (iv) Notwithstanding any other  law  to  the  contrary,  any  contract
    34  between  a charter school and a charter management organization shall be
    35  subject to the provisions of article six of the public officers law.
    36    (v) No charter school shall include a non-disclosure agreement as part
    37  of a contract with any employee except in regards to specific curricular
    38  proprietary information.
    39    § 7. The opening paragraph and paragraphs (a) and (e) of subdivision 1
    40  of section 2855 of the education law, the opening  paragraph  and  para-
    41  graph  (a)  as  amended and paragraph (e) as added by chapter 101 of the
    42  laws of 2010, are amended and three new paragraphs (f), (g) and (h)  are
    43  added to read as follows:
    44    The  charter  entity, or the board of regents, [may] shall terminate a
    45  charter upon any of the following grounds:
    46    (a) When a charter school's outcome  on  student  assessment  measures
    47  adopted  by  the  board  of regents equals or falls below the level that
    48  would allow the commissioner  to  revoke  the  registration  of  another
    49  public  school,  and  student achievement on such measures has not shown
    50  improvement over the preceding three school years;
    51    (e) [Repeated failure] Failure to comply with the requirement to  meet
    52  or  exceed  enrollment  and retention targets of students with disabili-
    53  ties, English language learners, and students who  are  eligible  appli-
    54  cants  for  the free and reduced price lunch program pursuant to targets
    55  established by the board of regents or the  board  of  trustees  of  the
    56  state  university  of New York[, as applicable] pursuant to subparagraph

        A. 3289--A                          6

     1  (i) of paragraph (b)  of  subdivision  nine-a  of  section  twenty-eight
     2  hundred fifty-two of this article.  Provided, however, if no grounds for
     3  terminating  a  charter  are  established pursuant to this section other
     4  than  pursuant  to  this  paragraph, and the charter school demonstrates
     5  that it has made extensive efforts to recruit and retain such  students,
     6  including  outreach  to parents and families in the surrounding communi-
     7  ties, widely publicizing the lottery for such  school,  and  efforts  to
     8  academically  support  such  students  in  such charter school, then the
     9  charter entity or board of regents may retain such charter[.]; or
    10    (f) Failure to maintain enrollment, suspension and attrition rates  of
    11  either  all  students  or specifically students who are English language
    12  learners, are eligible for the free or reduced price  lunch  program  or
    13  are  students with disabilities, as reported pursuant to subdivision six
    14  of section twenty-eight hundred fifty-seven of this article,  which  are
    15  within  five percent of such rates for the school district in which such
    16  charter school is located. For the purposes of a charter school  located
    17  within  a  city  with  a  population  of  one million or more the school
    18  district used for comparison shall be the community school  district  in
    19  which such charter school is located; or
    20    (g)  When an audit, carried out pursuant to subdivision six of section
    21  twenty-eight hundred fifty-seven of this  article,  finds  such  charter
    22  school has been encouraging students to leave or pushing students out of
    23  the school for illegitimate reasons; or
    24    (h)  Repeated  failure  to  follow  the provisions of articles six and
    25  seven of the public officers law.
    26    § 8. Paragraph (a) of subdivision 2,  and  subdivisions  4  and  5  of
    27  section  2857  of  the  education law, paragraph (a) of subdivision 2 as
    28  amended and subdivision 5 as added by chapter 101 of the laws  of  2010,
    29  subdivision 4 as added by chapter 4 of the laws of 1998, are amended and
    30  two new subdivisions 6 and 7 are added to read as follows:
    31    (a)  a charter school report card, which shall include measures of the
    32  comparative academic and fiscal performance of the school, as prescribed
    33  by the commissioner in regulations adopted for such purpose. Such  meas-
    34  ures  shall include, but not be limited to, the total number of openings
    35  for new students at the beginning of the  school  year,  by  grade;  the
    36  total  number  of  applicants for each such opening; the total number of
    37  students accepted for the school year; the number of  students  accepted
    38  for  enrollment  who are English language learners, are eligible for the
    39  free or reduced price lunch program or are students  with  disabilities;
    40  the  number  of  students  who  were dismissed, expelled, dropped out or
    41  withdrew during the school year, including the reasons for the dismissal
    42  or withdrawal, and including  the  number  of  such  students  who  were
    43  suspended,  dismissed,  expelled, dropped out or withdrew or are English
    44  language learners, are eligible for the  free  or  reduced  price  lunch
    45  program  or  are  students with disabilities; graduation rates[, dropout
    46  rates,]; performance of students on standardized tests[,]; college entry
    47  rates[,]; the total number of teachers and  administrators  employed  at
    48  the  school at the beginning of the school year and the number of teach-
    49  ers and administrators who were terminated, dismissed or resigned during
    50  the reporting period, and the reasons therefor; the annual  salary  paid
    51  to  each teacher and administrator of the school; and total spending per
    52  pupil and administrative spending per pupil.   Such  measures  shall  be
    53  presented  in  a  format  that  is  easily  comparable to similar public
    54  schools. In addition, the charter  school  and  the  commissioner  shall
    55  ensure  that  such  information  is  easily  accessible to the community
    56  including making it publicly available by transmitting it to local news-

        A. 3289--A                          7

     1  papers of general circulation, posting it on  the  department's  website
     2  and making it available for distribution at board of trustee meetings.
     3    4.  The board of regents shall review the educational effectiveness of
     4  the charter school approach authorized by this article and the effect of
     5  charter schools on the public and nonpublic school  systems.  Not  later
     6  than  December  thirty-first, two thousand [three] twenty, and every two
     7  years thereafter, the [board of regents] commissioner  shall  report  to
     8  the  governor, the temporary president of the senate, the speaker of the
     9  assembly and the  board  of  regents  with  recommendations  to  modify,
    10  expand,  or terminate that approach. Such report shall include, for each
    11  charter school, a copy of the school's mission statement[,];  attendance
    12  statistics;  dismissal, expulsion and dropout rates[,]; student perform-
    13  ance on  standardized  assessment  tests[,];  projections  of  financial
    14  stability[,]; the number of students with disabilities, English language
    15  learners  and  students  who are eligible for the free and reduced price
    16  lunch program; the total amount spent for administrative expenses;  and,
    17  wherever practicable, comparisons to other public schools located in the
    18  same  school  district  or, in the city school district of New York, the
    19  same community school district.
    20    5. The [board of regents] commissioner shall on an annual basis review
    21  and make  available  to  school  districts  best  educational  practices
    22  employed  by charter schools.  If the commissioner fails to identify any
    23  best practices employed  by  charter  schools,  the  commissioner  shall
    24  report  such  absence  or  lack of best practices in the report required
    25  pursuant to subdivision four of this section.
    26    6. (a) Each charter school shall submit to the  department  an  annual
    27  report  on or before the first day of August each year for the preceding
    28  school year. Such report shall be in such form as shall be prescribed by
    29  the commissioner and shall at a minimum include:
    30    (i) enrollment,  suspension  and  attrition  rates  of  all  students,
    31  including the reasons for the suspension, dismissal or withdrawal.
    32    (ii)  enrollment,  suspension  and attrition rates of students who are
    33  English language learners, are eligible for the free  or  reduced  price
    34  lunch  program  or are students with disabilities, including the reasons
    35  for the suspension, dismissal or withdrawal.
    36    (b) Reporting of suspension rates as required  pursuant  to  paragraph
    37  (a)  of  this  subdivision  shall  specify  the  number of out-of-school
    38  suspensions and in-school suspensions, and shall include both the  total
    39  number  of suspensions and the number of individual students who receive
    40  suspensions.
    41    (c) Not later than December thirty-first, annually,  the  commissioner
    42  shall  submit  a  report to the governor, the temporary president of the
    43  senate, the speaker of the assembly and the board of regents  containing
    44  the  information  received pursuant to paragraph (a) of this subdivision
    45  and such report shall include a comparison of the rates  reported  by  a
    46  charter  school to such rates of the school district in which such char-
    47  ter school is located.
    48    (d) Not later than December thirty-first,  two  thousand  twenty,  and
    49  every  two years thereafter, the comptroller shall audit the information
    50  reported by each charter school pursuant to paragraph (a) of this subdi-
    51  vision, provided, however, that for a charter school located in New York
    52  city, such audit shall be carried out by the New York city  comptroller.
    53  A  component  of such audit shall include selecting a sample of students
    54  who were dismissed or withdrew from such charter school and  assess  the
    55  accuracy of the reported reasons for such dismissal or withdrawal.

        A. 3289--A                          8

     1    7. The department shall appoint an ombudsperson whose responsibilities
     2  shall  be  to support and advise parents and guardians of charter school
     3  students who have specific issues and complaints, and to investigate and
     4  resolve such complaints.  Such ombudsperson shall  regularly  report  to
     5  the  board  of  regents  the number of complaints received, the types of
     6  complaints, and if and how such complaints were resolved.
     7    § 9.  Paragraphs (c) and (d) of subdivision 2 of section 2852  of  the
     8  education  law,  paragraph  (c) as amended and paragraph (d) as added by
     9  section 2 of part D-2 of chapter 57 of the laws of 2007, are amended and
    10  a new paragraph (e) is added to read as follows:
    11    (c) granting the application is likely to improve student learning and
    12  achievement and materially further the purposes set out  in  subdivision
    13  two of section twenty-eight hundred fifty of this article; [and]
    14    (d)  in  a  school  district  where  the  total enrollment of resident
    15  students attending charter schools in the base year is greater than five
    16  percent of the total public school enrollment of the school district  in
    17  the  base  year  (i)  granting  the application would have a significant
    18  educational benefit to the students  expected  to  attend  the  proposed
    19  charter  school  or (ii) the school district in which the charter school
    20  will be located consents to such application[.]; and
    21    (e) the charter school described in the application has  received  the
    22  approval  of  the  local  board of education where such proposed charter
    23  school shall be located prior to submitting such application,  provided,
    24  however,  that in the case of a proposed charter school to be located in
    25  New York city, such approval shall be from the community education coun-
    26  cil of the district in which such proposed school shall be located.
    27    § 10.  Severability clause. If any clause, sentence, paragraph, subdi-
    28  vision, section or part of this act shall be adjudged by  any  court  of
    29  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    30  impair, or invalidate the remainder thereof, but shall  be  confined  in
    31  its  operation  to the clause, sentence, paragraph, subdivision, section
    32  or part thereof directly involved in the controversy in which such judg-
    33  ment shall have been rendered. It is hereby declared to be the intent of
    34  the legislature that this act would  have  been  enacted  even  if  such
    35  invalid provisions had not been included herein.
    36    § 11. This act shall take effect immediately.
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