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Part 4. Educational Institutions, Libraries, and Miscellaneous Provisions.-Div. 21. Private Educational Institutions.-Ch. 4. Testing of Students in Grades Seven to Twelve.

SEC. 30101. "Secondary education" defined.-For the purposes of Title V of the National Defense Education Act of 1958, secondary education means education furnished by any public or private school in any grade not below grade seven nor beyond grade twelve. [Added by Stats. 1959, ch. 733, p. 2722, sec. 2.]

SEC. 30102. Contract with private school.-Upon the request of any private school providing secondary education, as defined in Section 30101, and pursuant to a state plan approved by the United States Commissioner of Education under Title V of the National Defense Education Act of 1958, the State Board of Education may enter into a contract with such school for a project for the testing of students regularly enrolled and attending grades seven to twelve, inclusive in the school to identify students with outstanding aptitudes and ability. The State Board of Education may expend for the costs thereof any money received under section 504 of Title V of the National Defense Education Act of 1958. [Added by Stats. 1959, ch. 733, p. 2722, sec. 2.]

SEC. 30103. In the interest of the State to provide for the identification of outstanding students.—It is in the interest of the State and of the people thereof for the State to permit the State Board of Education to provide for the identification of students with outstanding aptitudes and ability in public and private schools under a state plan to be approved by the United States Commissioner of Education under Title V of the National Defense Education Act of 1958 and for the State to expend for the costs of such testing any money received from the federal government for the purpose. [Added by Stats. 1961, ch. 77, p. 1059, sec. 1.]

Pupil Transportation

Part 3. Property, Transportation and Finance.-Div. 13. Supplementary Services.-Ch. 1. Transportation.

SEC. 16801. Powers of governing board to provide transportation for pupils to and from school; definition of “municipally owned transit system".-The governing board of any school district may provide for the transportation of pupils to and from school whenever in the judgment of the board such transportation is advisable and good reasons exist therefor. The governing board may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from 'school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. Such contracts may be made with the parent or guardian of the pupil being transported. A governing board may allow the transportation in schoolbuses owned or operated by the district of preschool or nursery school pupils. No state reimbursement may be received by a district for the transportation of such pupils.

Whenever the term "municipally owned transit system" appears in this chapter, it means a transit system owned by a city, or by a district created under Part 1 (commencing with section 24501) of Division 10 of the Public Utilities Code. [Amended by Stats. 1970, ch. 1228, p. 2148, sec. 1.5.]

SEC. 16806. Transportation of pupils attending other than public school.— The governing board of any school district may allow pupils entitled to attend the school of the district, but in attendance at a school other than a public school, under the provisions of section 12154, transportation upon the same terms and in the same manner and over the same routes of travel as is permitted pupils attending the district school.

The allowance of this section shall be restricted to actual transportation when furnished by the district to children attending the district school, and

nothing in this section shall be construed to authorize or permit in lieu of transportation payments of money to parents or guardians of children attending private schools. [Stats. 1959, ch. 2, p. 1127, sec. 16806.]

Notes of Decision.-1. Validity.—This section does not infringe prohibitions of Const. art. 4., sec. 30 (renumbered art. 13, sec. 24); art. 9, sec. 8, against appropriation of public funds in aid of religious sects or in support of any denominational schools. Bowker v. Baker (1946) 167 P. 2d 256, 73 C.A. 2d 653.

Compiler's Note: Constitutional articles 13 (sec. 24) and 9 (sec. 8) are contained in CONSTITUTIONAL PROVISIONS, PUBLIC AID FOR NONPUBLIC SCHOOLS. Statutory provision section 12154 is contained under the COMPULSORY EDUCATION heading, Part 2, Div. 9, Ch. 6.

SEC. 16807. Transportation of high school pupils by elementary district.— The governing board of any elementary school district may provide for the transportation to and from school of high school pupils who reside in the elementary school district and attend a high school in the same county. [Stats. 1959, ch. 2, p. 1127, sec. 16807.]

Records And Reports

Part 2. The Educational Program and Personnel.-Div. 9. Pupils. Ch. 1. General Provisions.

SEC. 10751. Information concerning pupils.-No teacher, principal, employee, or governing board member of any public, private, or parochial school providing instruction in any of grades kindergarten through 12 shall permit access to any written records concerning any particular pupil enrolled in the school in any class to any person except under judicial process unless the person is one of the following:

(a) Either parent or a guardian of such pupil.

(b) A persons designated, in writing, by such pupil if he is an adult, or by either parent or a guardian of such pupil if he is a minor.

(c) An officer or employee of a public, private, or parochial school where the pupil attends, has attended, or intends to enroll.

(d) A state or local law enforcement officer, including a probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties.

(e) The State Superintendent of Public Instruction, or a member of his staff, or the county superintendent of schools of the county where the pupil attends, has attended, or intends to enroll, or a member of his staff.

(f) An officer or employee of a county agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency.

(g) An officer or employee of any adoption agency licensed by the Department of Social Welfare, as to a minor placed with or under the supervision of that agency, or another minor from the same family as such minor, or as to children in families for which an investigation by the agency is required under section 226.6 of the Civil Code.

The restrictions imposed by this section are not intended to interfere with the giving of information by school personnel concerning participation in athletics and other school activities, the winning of scholastic or other honors and awards, and other like information. Notwithstanding the restrictions imposed by this section, a governing board may, in its discretion, provide information to the staff of a college, university, or educational research and development organization or laboratory if such information is necessary to a research project or study conducted, sponsored, or approved by the college, or university, or educational research and development organization or laboratory and if no pupil will be identified by name in the information submitted for research. Notwithstanding the restrictions imposed by this section, an employer or potential employer of the pupil may be furnished the age and scholastic

record of the pupil and employment recommendations prepared by members of the school staff.

Notwithstanding the restrictions imposed by this section, the names and addresses of pupils, the record of a pupil's daily attendance, the pupil's scholastic record in the form of grades received in school subjects, the names of a pupil's parents or guardian, a pupil's date and place of birth, and the names and addresses of other schools a pupil has attended may be released to an officer or employee of the United States seeking this information in the course of his duties, when the pupil is a veteran of military service with the United States, or an orphan or dependent of such veteran, or an alien. Notwithstanding the restrictions imposed by this section, school personnel of a public, private, or parochial high school may furnish the names and addresses of graduating seniors to elected federal, state, county, or district officials. [Amended by Stats. 1969, ch. 534, p. 1158, sec. 28; Stats. 1969, ch. 1363, p. 2784, sec. 1; Stats. 1969, ch. 1465, p. 2987, sec. 3; Stats. 1970, ch. 1010, p. 1817, sec. 1.]

SEC. 10752. Transfer of cumulative records.-Whenever a pupil transfers from one school district to another within this State, the cumulative record of the pupil, which may be available to the pupil's parent for inspection during consultation with a certificated employee of the district, or a copy of the record, shall be transferred to the district to which the pupil transfers; provided, a request for such cumulative record is received from the district to which the transfer is made. The State Board of Education is hereby authorized to adopt rules and regulations concerning the transfer of cumulative records from one school district to another. The effective date of this section shall be July 1, 1960. [Stats. 1959, ch. 2, p. 864, sec. 10752. Amended by Stats. 1959, ch. 1989, p. 4596, sec. 1.]

Compulsory Full-Time Attendance (ch. 6).

SEC. 12104. Reports of severance of attendance of retarded or handicapped children.-The administration of each private school and public school district of any county shall, upon the severance of attendance or the denial of admission of any child who is physically handicapped, mentally retarded, or multiple handicapped but is otherwise subject to the compulsory education laws of California, report such severance, expulsion, exclusion, exemption, transfer, or suspension beyond 10 schooldays to the county superintendent of schools in the jurisdiction. The report shall include names, ages, last known address, and the reason for such severance, expulsion, exclusion, exemption, transfer, or suspension.

It shall be the duty of the county superintendent of such county to examine such reports and draw to the attention of the county board of education and local district board of education any cases in which the interests of the child or the welfare of the state may need further examination.

After preliminary study of available information in cases so referred to it, the county board of education may, on its own action, hold hearings on such cases in the manner provided in Education Code Section 10608 and with the same powers of final decision as therein provided. [Added by Stats. 1967, ch. 207, p. 1334, sec. 1.]

Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Part 4, Div. 21, Ch. 1, sec. 29081; COMPULSORY EDUCATION, Part 2, Div. 9, Ch. 6, sec. 12154.

Teacher Certification

Part 2. The Educational Program and Personnel.-Div. 10. Employees.-Ch. 2. Certified Employees.

SEC. 13128. Authorization for teaching credentials; kinds. – Authorization for teaching credentials shall be of four basic kinds, as defined below: (a) "Single subject instruction" means the practice of assignment of teachers and students to specified subject matter courses, as is commonly practiced in California high schools and most California junior high schools.

(b) "Multiple subject instruction" means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education.

(c) "Specialist instruction" means any speciality requiring advanced preparation or special competence including but not limited to, reading specialist, mathematics specialist, specialist in special education, or early childhood education, and such other specialities as the commission may determine. (d) "Designated subjects" means the practice of assignment of teachers and students to designated technical, trade, or vocational courses which courses may be part of a program of trade, technical, or vocational education. [Added by Stats. 1971, ch. 1465, p. 2889, sec. 7.7.]

Part 4. Educational Institutions, Libraries and Miscellaneous Provisions.-Div. 24. Supplementary Education Act of 1971.-Ch. 7. Teacher Qualifications.

SEC. 36600. Teaching credential for instruction of exceptional children or experience; exceptions. -All teachers who serve full or part time in the pilot supplementary education program shall hold a teaching credential for the instruction of exceptional children or shall have been a full-time teacher of the educationally handicapped for two years or more, except that persons serving as speech and hearing therapists or teachers of the severely handicapped shall hold credentials appropriate for such work. For the purpose of teaching pupils in a supplementary education program, the teacher shall not be restricted by his general or standard credential to the elementary or secondary level. [Added by Stats. 1971, ch. 1743, p. 3728, sec. 1, urgency, eff. Dec. 14, 1971.]

Health And Safety

Part 2. The Educational Program and Personnel.-Div. 9. Pupils. Ch. 5. Protection of Pupils in All Schools-Art. 1. First Aid Equipment.

SEC. 11951. Duty to equip school with first aid kit.-The governing board of any school district, superintendent of schools, or principal in whom is vested the administration or supervision of any public or private school in the State shall equip the school with a first aid kit containing the articles mentioned in section 11953, whenever any pupils of the school are conducted or taken on field trips under the supervision or direction of any teacher in, or employee or agent of, the school. [Stats. 1959, ch. 2, p. 883, sec. 11951.]

SEC. 11952. Field trips.-The teacher, agent, or employee shall have the first aid kit in his possession, or immediately available, while conducting the field trip. [Stats. 1959, ch. 2, p. 883, sec. 11952.]

SEC. 11955. Violations.-Any member of the governing board of any school district and any superintendent of schools, principal, teacher, or agent who wilfully violates the provisions of this article (commencing at section 11951) is guilty of a misdemeanor. [Stats. 1959, ch. 2, p. 884, sec. 11955.]

Uniform Fire Signals (art. 2).

SEC. 12001. California Uniform Fire Code Signal.-The signal system provided for in this article (commencing at section 12001) shall be known as the California uniform fire code signal. [Stats. 1959, ch. 2, p. 884, sec. 12001.]

SEC. 12002. Provision for and use of fire warning system.-Every public, private, or parochial school building having occupant capacity of fifty (50) or more students or more than one classroom shall be provided with a dependable and operative fire warning system. Every person and public officer managing, controlling, or in charge of any public, private, or parochial school shall cause the fire alarm signal to be sounded upon the discovery of fire. Every person and public officer managing, controlling, or in charge of any public, private, or parochial school, other than a two-year community college, shall cause the fire

alarm signal to be sounded not less than once every calendar month in the manner prescribed in this article except that when a fire alarm system having a distinctive tone, and which is used for no other purpose, is installed, the manner of sounding alarm shall not be subject to the provisions of sections 12003, 12004, and 12005 of this article. [Amended by Stats. 1971, ch. 542, p. 1052, sec. 1.]

SEC. 12003. Intermittent sound signals. –When the signal is given by means of an apparatus emitting intermittent sound signals, the signal shall be given by repeated successive short intermittent signals for a full period of ten (10) seconds, to be immediately followed by an intermission or period of silence of five (5) full seconds before the signal is repeated. [Stats. 1959, ch. 2, p. 884, sec. 12003.]

SEC. 12004. Continuous sound signal. –When the signal is given by means of an apparatus emitting prolonged or continuous sound signals, the signal shall be given by prolonged whistle blast or other sound signal continuously sounded for a full period of ten (10) seconds, to be immediately followed by an intermission or period of silence of five (5) full seconds before the signal is repeated. [Stats. 1959, ch. 2, p. 884, sec. 12004.]

SEC. 12005. Duration.-In no case shall the signal be given for less than a one-minute period, and then only in the manner indicated. [Stats. 1959, ch. 2, p. 884, sec. 12005.]

Gate Entrances to School Grounds. (art. 4).

SEC. 12081. Access gates.-The governing board of every public school district, and the governing authority of every private school, which maintains any building used for the instruction or housing of school pupils on land entirely enclosed (except for building walls) by fences or walls, shall, through cooperation with the local law enforcement and fire protection agencies having jurisdiction of the area, make provision for the erection of gates in such fences or walls. The gates shall be of sufficient size to permit the entrance of the ambulances, police equipment, and fire fighting apparatus, used by the law enforcement and fire protection agencies. There shall be no less than one such access gate and there shall be as many such gates as needed to assure access to all major building and grounds areas. If such gates are to be equipped with locks, the locking devices shall be designed to permit ready entrance by the use of the chain or bolt cutting devices with which the local law enforcement and fire protection agencies may be equipped. [Added by Stats. 1959, ch. 386, p. 2310, sec. 1.]

School Eye Safety. (art. 5).

SEC. 12090. Duties regarding eye protective devices.-It shall be the duty of the governing board of every school district, and of every county superintendent of schools, and of every person, firm, or organization maintaining any private school, in this state, to equip schools with eye protective devices as defined in section 12092, for the use of all students, teachers, and visitors when participating in the courses which are included in section 12091. It shall be the duty of the superintendents, principals, or teachers charged with the supervision of any class in which any such course is conducted, to require such eye protective devices to be worn by students, teachers, and visitors under the circumstances prescribed in section 12091. [Added by Stats. 1965, ch. 1891, p. 4360, sec. 1.]

SEC. 12091. Courses in which devices to be used; substances and activities dangerous to eyes.-The eye protective devices shall be worn in courses including, but not limited to, vocational or industrial arts shops or laboratories, and chemistry, physics or combined chemistry-physics laboratories, at any time at which the individual is engaged in, or observing, an activity or the use of hazardous substances likely to cause injury to the eyes.

Hazardous substances likely to cause physical injury to the eyes include materials which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, radioactive, or which generate pressure through heat, decomposition or other means as defined in the California Hazardous Substances Labeling Act.

Activity or the use of hazardous substances likely to cause injury to the eyes includes, but is not necessarily limited to, the following:

1. Working with hot molten metal.

2. Milling, sawing, turning, shaping, cutting, grinding and stamping of any solid materials.

3. Heat treating, tempering, or kiln firing of any metal or other materials. 4. Gas or electric arc welding.

5. Repairing or servicing of any vehicles, or other machinery or equipment. 6. Working with hot liquids or solids or with chemicals which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, radioactive, or which generate pressure through heat, decomposition, or other means. [Added by Stats. 1965, ch. 1891, p. 4361, sec. 1.]

SEC. 12092. Standards for devices.-For purposes of this article the eye protective devices utilized shall be indústrial quality eye protective devices which meet the standards of the American National Standards Institute for "Practice for Occupational and Educational Eye and Face Protection" (Z87.1-1968), and subsequent standards that are adopted by the American National Standards Institute for "Practice for Occupational and Educational Eye and Face Protection.” [Amended by Stats. 1973, ch. 671, p. sec. 1.]

SEC. 12093. Sale of devices at cost to pupils and teachers.-The eye protective devices may be sold to the pupils and teachers at a price which shall not exceed the actual cost of the eye protective devices to the school or governing board. [Added by Stats. 1965, ch. 1891, p. 4361, sec. 1.]

SEC. 12094. Devices not to include prescription lenses; exception.-The term eye protective devices as used in sections 12090 to 12093 shall not include prescription lenses as defined in Chapter 5.4 (commencing with section 2540), Division 2, Business and Professions Code. Prescription lenses which meet the standards set forth in section 12092 may be used by persons doing the work described in Item 6 of section 12091 in a classroom under the supervision of appropriate personnel. [Amended by Stats. 1971, ch. 766, p. 1513, sec. 1.]

Part 3. Property, Transportation and Finance.-Div. 14. State Financial Support and Management.-Ch. 4. Federal Funds for Education.-Art. 6. School Breakfast and Lunch Program.

SEC. 18801. Legislative findings and declarations.-The Legislature finds and declares that hunger and malnutrition among children from low-income families constitute one of the most critical child health problems in the state; that federal programs to meet child nutrition needs are providing nourishing meals to thousands of the state's poverty area children who previously could not participate in school lunch programs; that federal funds allocated for child nutrition to California are inadequate to meet critical needs; that the state and local communities bear a responsibility towards meeting these needs; and that the physical well-being of all of the children of the state is a matter of public concern and expenditures to secure such well-being serves a public purpose. [Added by Stats. 1969, ch. 1577, p. 3207, sec. 1.]

SEC. 18802. Restrictions on use of money received.-No amount received by a school district or other public or private nonprofit school pursuant to this article or the National School Lunch Program shall be used to reduce the level of district or school expenditures for any existing program of free or reduced-price meals, unless free or reduced-price lunches are provided for each eligible needy child. [Added by Stats. 1969, ch. 1577, p. 3207, sec. 1. Amended by Stats. 1970, ch. 1096, p. 1942, sec. 1.]

SEC. 18803. Standards to be met by recipient school or agency.—Each school district or other public or private nonprofit school or agency receiving reimbursement pursuant to the provisions of this article shall meet standards adopted by the Superintendent of Public Instruction for the following:

(a) The definition of a "meal" and at what price a given meal may be considered to be a "reduced-price meal."

(b) Standards for the eligibility of children to receive free or reduced-priced meals.

(c) Standards for the protection of the identity of children for whom reimbursement is made pursuant to this article. [Added by Stats. 1969, ch. 1577, p. 3207, sec. 1.]

SEC. 18804. Allocation or reimbursement to school or agency on behalf of child residing on premises prohibited. -No allocation or reimbursement of funds shall be made pursuant to this article to any public or private nonprofit school or agency in behalf of any child who resides on the premises of such school or agency. [Added by Stats. 1969, ch. 1577, p. 3207, sec. 1.]

Federal Aid

Part 2. The Educational Program and Personnel.-Div. 6. The System of Public Instruction.-Ch. 6. Special Classes and Courses of Instruction.-Art. 10. Vocational Education.

SEC. 6252. State acceptance of Congressional Act of 1963.-The people of the state accept the provisions of, and each of the funds provided by, the Act of Congress entitled "An act to strengthen and improve the quality of vocational education and to expand the vocational opportunities in the Nation" approved December 17, 1963, and amended October 16, 1968. [Amended by

Stats. 1969, ch. 1495, sec. 1, urgency, eff. Sept. 6, 1969; Stats. 1969, ch. 1555, p. 3156, sec. 1.]

SEC. 6254. Powers of State Board of Education relating to acts of Congress.-The State Board of Education is designated as the state board to carry out the purposes and the provisions of the acts of Congress, and is given all necessary power and authority to cooperate with the United States Commissioner of Education and the United States Office of Education in the administration of the provisions of the federal acts and of this article (commencing with section 6251). [Amended by Stats. 1969, ch. 1495, p. 3061, sec. 2, urgency, eff. Sept. 6, 1969; Stats. 1969, ch. 1555, p. 3157, sec. 2.]

Part 3. Property, Transportation and Finance.-Div. 14. State Financial Support and Management.-Ch. 4. Federal Funds for Education.

SEC. 18601. Authorization of certain officers and agencies to administer federal acts within this State.-Whenever by the provisions of any act of Congress the act is to be administered in the State by the Superintendent of Public Instruction, Director of Education, Department of Education, State Board of Education, or any one or more of such officers, or agencies, the officers and agencies designated in the act of the Congress are authorized to administer the act in the State. Such officers and agencies are vested with all necessary power and authority to co-operate with the government of the United States, or any agency or agencies thereof in the administration of the act of Congress and rules and regulations lawfully adopted thereunder. [Stats. 1959, ch. 2, p. 1214, sec. 18601. Amended by Stats. 1963, ch. 1747, p. 3487, sec. 5, operative Oct. 1, 1963.]

COLORADO

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Legislative Department (art. 5).

SEC. 34. Appropriations to private institutions forbidden.-No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.

Education (art. 9).

SEC. 7. Aid to private schools, churches, sectarian purpose forbidden.— Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money, or other personal property, ever be made by the state, or any such public corporation, to any church, or for any sectarian purpose.

Tax Exemptions For Nonpublic Schools

Revenue (art. 10).

SEC. 5. Property used for religious worship, schools and charitable purposes exempt.-Property, real or personal, that is used solely and exclusively for religious worship, for schools or for strictly charitable purposes, also cemeteries not used or held for private or corporate profit, shall be exempt from taxation, unless otherwise provided by general law.

Miscellaneous

Education (art. 9).

SEC. 11. Compulsory education.-The general assembly may require by law, that every child of sufficient mental and physical ability, shall attend the public school during the period between the ages of six and eighteen years, for a time equivalent to three years, unless educated by other means.

Corporations (art. 15).

SEC. 2. Corporate charters created by general law.-No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal or reformatory corporations as are or may be under the control of the state; but the general assembly shall provide by general laws for the organization of corporations hereafter to be created.

SEC. 3. Power to revoke, alter or annul charter.-The general assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the state, in such manner, however, that no injustice shall be done to the corporators.

STATUTORY PROVISIONS

Colorado School Laws

Approval/Supervision/Support

Schools 1-Public School Systems (ch. 123). (State
Department of Education (art. 1).)

SEC. 123-1-2. Definitions.—(1) Unless otherwise indicated by the context, the following words and phrases when used in this article shall have meanings respectively ascribed to them in this section:

(2) "State board of education” or “state board" means the state board of education created and existing pursuant to section 1, article IX of the state constitution.

(3) "Commissioner of education" or "commissioner" means the office of the commissioner of education created and existing pursuant to section 1, article IX of the state constitution.

(4) "Public schools" means the schools maintained and operated by a school district or a junior college district.

(5) "Nonpublic school" means a school organized and maintained by a recognized religious or independent association performing an academic function.

(6) "Department of education" or "department" means the department of education created and existing pursuant to section 3-1-1, C.R.S., 1963.

SEC. 123-1-7. State board-powers.- .*** (h) To appraise for the purpose of accreditation any nonpublic school, but only upon its request;

Compulsory Education

Compulsory Education (ch. 123, art. 20).

SEC. 123-20-5. Compulsory school attendance.-(1) Every child who has attained the age of seven years and is under the age of sixteen, except as provided by this section, shall attend public school for at least one hundred seventy-two days during each school year, or for the specified number of days in a pilot program which has been approved by the state board under section 123-44-3(2).

(2)(a) The provisions of subsection (1) of this section shall not apply to a child: ***

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