Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB1739 Amended / Bill

Filed 02/10/2021

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
HOUSE BILL 1739 	By: Dills and Lawson of the 
House 
 
   and 
 
  Stanley of the Senate 
 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to children; creating the Conn ecting 
Futures Act; directing Department of Human Services 
to create pilot program; allowing Department to act 
as authorized entity in providing consent for certain 
minors to obtain services and documents; allowing 
Department to make referrals; directing D epartment to 
promulgate rules; amending 70 O.S. 2011, Section 
2605, as last amended by Section 4, Chapter 289, 
O.S.L. 2017 (70 O.S. Supp. 2020, Section 2605), which 
relates to the Oklahoma Higher Learning Access 
Program; allowing certain students to apply for 
Oklahoma Higher Access Learning Program without 
parental income; providing for codification; 
providing for noncodification; and providing an 
effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as follows:   
 
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This act shall be known and may be cited as the "Connecting 
Futures Act". 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1 -2-112 of Title 10A, unless 
there is created a duplication in numbering, reads as follows: 
A.  The Department of Human Services may, subject to available 
funding, create a pilot program to address needs of any minors who 
are separated from their parents or legal guardians, are not 
supported by their parents or legal guardians and are not in the 
custody of the Department of Human Services or in the custody of any 
Indian tribe.  The pilot program shall allow the Department to 
provide assistance in securing necessary services to allow eligible 
minors to become self -reliant and productive citizens.  Nothing in 
this section shall be construed to deprive the parent or legal 
guardian of any parental or legal authority regarding the care and 
custody of the child.  If implemented by the Department, the pilot 
program shall: 
1.  Provide for the Department to act as an authorized entity in 
providing consent for eligible minors in obtaining necessary 
services, including routine and ordinary medical and behavioral 
health services; 
2.  Provide for the Department to act as an authorized entity in 
providing consent for eligible minors to obtain the following   
 
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documents pertaining to the eligible minor, including, but not 
limited to: 
a. an official copy of a United States birth certificate, 
b. a Social Security card issued by the Social Security 
Administration, 
c. health insurance information, and 
d. a state-issued identification card; 
3.  Allow the Department to provide case management, advocacy 
and referrals to organizations, including , but not limited to, safe 
housing, counseling services, education and employment services; and 
4.  Allow the Department to act as an authorized entity in 
providing consent for eligible minors to enlist in the National 
Guard. 
B.  In the event that the minor is a member of, or eligible for 
membership in, a federally recognized Indian tribe, the Department 
shall send notice to the minor's tribe that the minor is being 
served pursuant to this section. 
C.  The Department may: 
1.  Contract for services necessary to carry out the duties of 
the Department pursuant to the provisions of this section; and 
2.  Accept the services of volunteer workers or consultants ; 
provided no compensation be provided for such services. 
D.  The Department shall promulgate rules to implement the 
provisions of this section.   
 
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SECTION 3.     AMENDATORY     70 O.S. 2011, Section 2605, as 
last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 
2020, Section 2605), is amended to read a s follows: 
Section 2605.  A.  Each school year, every fifth - through ninth-
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 ninth grade shall be appris ed, 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 Educatio n shall develop, promote, 
and coordinate a public awareness program to be utilized in making 
students and parents aware of the Oklahoma Higher Learning Access 
Program. 
B.  On a form provided by the 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- or tenth-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   
 
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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 qualific ation set forth in subparagraph a of paragraph 1 
of subsection B of Section 2603 of this title prior to entering the 
tenth grade or prior to reaching the age of fifteen (15) and the 
standards and provisions promulgated by the Oklahoma State Regents 
for Higher Education shall be given the opportunity throughout the 
eighth-, ninth-, and tenth-grade years, 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, to enter 
into participation in the program by agreeing 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.   
 
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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 tenth grade or after reaching the 
age of sixteen (16) 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 s hall 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 mon itor compliance of the student with the 
terms of the agreement.  The Oklahoma State Regents for Higher 
Education are authorized to process student agreements and verify 
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 sha ll 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 eighth, ninth or tenth grade for students   
 
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enrolled in a public or privat e 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 educated 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; 
3.  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 educated by other 
means who apply for participation in the program in the 2021 -2022 
school year, the federal adjusted gross income of the student's 
parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year; 
4. 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 Thousand Dollars ($100,000.00) per 
year; and 
5.  Beginning with the 2018 -2019 academic year, prior to 
receiving any Oklahoma Higher Learning Access Program benefit award   
 
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for any year during which the student is 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 accredit ed 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 4 and 5 of this sub section 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 student'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 
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   
 
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6.  The Oklahoma State Regents for Higher Education shall review 
the determination of financial qualific ation as set forth in 
paragraphs 1, 2 and 3 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 Admin istration 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 Secur ity Administration due to the death or 
disability of the student's parent(s), does not exceed the 
limitations set forth by paragraphs 1, 2 and 3 of this subsection, 
the student shall be determined to have met the financial 
qualification set forth in paragr aphs 1, 2 and 3 of this subsection. 
E.  1.  A student who 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 agency, or federally recognized Indian 
tribe, as defined 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 educati on 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   
 
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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 defined 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 received an 
Oklahoma Higher Learning Access Program benefit award prior to the 
2012-2013 school year. 
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 subsection shall be based on the 
income of the student, not the income of the parent(s), if the 
student is determined to be i ndependent of the student's parent(s) 
for federal financial aid purposes or is receiving services from the   
 
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Department of Human Services pursuant to Section 2 of this act .  A 
determination of financial qualification shall not be required for 
the student who 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. 
F.  The financial qualification of a student as set forth in 
subsections D and E of this section shall be certified by the 
contact person or by the Oklahoma State Regents for Higher Education 
on the agreement form provided by the Oklahoma State Regents for 
Higher Education.  The form shall be retained in the permanent 
record of the student and a copy 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 requested 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 student in completing forms and reports required 
for program participation, making applications to institutions and   
 
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schools of higher learning, and filing applications for student 
grants and scholarships. 
H.  Students who are 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 i n Section 5-
117.1 of this title, are in the eleventh and twelfth grades during 
the 2006-2007 school year, and who were denied participation 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. 
I.  The Oklahoma State Regents for Higher Education shall 
promulgate rules for the determination 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 participating in the program are still in 
the schools or are being educated by other means, provide staff 
development for contact p ersons in the schools, and provide liaison 
with the State Board of Education and local organizations and 
individuals participating 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 regarding participation by the   
 
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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 their 
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 4.  This act shall become effective November 1, 2021. 
 
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY 
SERVICES, dated 02/09/2021 - DO PASS, As Coauthored.