Oklahoma 2022 Regular Session

Oklahoma House Bill HB1739 Compare Versions

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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1739 By: Dills, Lawson, Stark and
30		-	Hill of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	HOUSE BILL 1739 By: Dills and Lawson of the
	36	+	House
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32	38		and
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34	40		Stanley of the Senate
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	45	+
	46	+
	47	+	AS INTRODUCED
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40	49		An Act relating to children; creating the Conn ecting
41	50		Futures Act; directing Department of Human Services
42	51		to create pilot program; allowing Department to act
43	52		as authorized entity in providing consent for certain
44	53		minors to obtain services and documents; allowing
45	54		Department to make referrals; directing D epartment to
46	55		promulgate rules; amending 70 O.S. 2011, Section
47	56		2605, as last amended by Section 4, Chapter 289,
48	57		O.S.L. 2017 (70 O.S. Supp. 2020, Section 2605), which
49	58		relates to the Oklahoma Higher Learning Access
50	59		Program; allowing certain students to apply for
51	60		Oklahoma Higher Access Learning Program without
52	61		parental income; providing for codification;
53	62		providing for noncodification; and providing an
54	63		effective date.
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60	69		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	70		SECTION 1. NEW LAW A new section of law not to be
62	71		codified in the Oklahoma Statutes reads as follows:
63		-	This act shall be known and may be cited as the "Connecting
64		-	Futures Act".
65		-	SECTION 2. NEW LAW A new section of law to be codified
66		-	in the Oklahoma Statutes as Section 1 -2-112 of Title 10A, unless
67		-	there is created a duplication in numberin g, reads as follows:
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	99	+	This act shall be known and may be cited as the "Connecting
	100	+	Futures Act".
	101	+	SECTION 2. NEW LAW A new section of law to be codified
	102	+	in the Oklahoma Statutes as Section 1 -2-112 of Title 10A, unless
	103	+	there is created a duplication in numbering, reads as follows:
94	104		A. The Department of Human Services may, subject to available
95	105		funding, create a pilot program to address needs of any minors who
96	106		are separated from their parents or legal guardians, are not
97	107		supported by their parents or legal guardians and are not in the
98	108		custody of the Department of Human Services or in the custody of any
99	109		Indian tribe. The pilot program shall allow the Department to
100	110		provide assistance in securing necessary services to allow eligible
101	111		minors to become self -reliant and productive citizens. Nothing in
102	112		this section shall be construed to deprive the parent or legal
103	113		guardian of any parental or legal authority regarding the care and
104	114		custody of the child. If implemented by the Department, the pilot
105	115		program shall:
106	116		1. Provide for the Department to act as an authorized entity in
107	117		providing consent for eligible minors in obtaining necessary
108	118		services, including routine and ordinary medical and behavioral
109	119		health services;
110	120		2. Provide for the Department to act as an authorized entity in
111	121		providing consent for eligible minors to obtain the following
112		-	documents pertaining to the eligible minor, including, but not
113		-	limited to:
114		-	a. an official copy of a United States birth certificate,
115		-	b. a Social Security card issued by the Social Security
116		-	Administration,
117		-	c. health insurance information, and
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	149	+	documents pertaining to the eligible minor, including, but not
	150	+	limited to:
	151	+	a. an official copy of a United States birth certificate,
	152	+	b. a Social Security card issued by the Social Security
	153	+	Administration,
	154	+	c. health insurance information, and
144	155		d. a state-issued identification card;
145	156		3. Allow the Department to provide case management, advocacy
146	157		and referrals to organizations, including , but not limited to, safe
147	158		housing, counseling services, education and employment services; and
148	159		4. Allow the Department to act as an authorized entity in
149	160		providing consent for eligible minors to enlist in the National
150	161		Guard.
151	162		B. In the event that the minor is a member of, or eligible for
152	163		membership in, a federally recognized Indian tribe, the Department
153	164		shall send notice to the minor's tribe that the minor is being
154	165		served pursuant to this section.
155	166		C. The Department may:
156	167		1. Contract for services necessary to carry out the duties of
157	168		the Department pursuant to the provisions of this section; and
158	169		2. Accept the services of volunteer workers or consultants ;
159	170		provided no compensation be provided for such services.
160	171		D. The Department shall promulgate rules to implement the
161	172		provisions of this section.
162		-	SECTION 3. AMENDATORY 70 O.S. 2011, Section 2605, as
163		-	last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
164		-	2020, Section 2605), is amended to read as follows:
165		-	Section 2605. A. Each school year, every fifth - through ninth-
166		-	grade student in the public and private schools of this state and
167		-	students who are educated by other means and are in the equivalent
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	200	+	SECTION 3. AMENDATORY 70 O.S. 2011, Section 2605, as
	201	+	last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
	202	+	2020, Section 2605), is amended to read a s follows:
	203	+	Section 2605. A. Each school year, every fifth - through ninth-
	204	+	grade student in the public and private schools of this state and
	205	+	students who are educated by other means and are in the equivalent
194	206		of the fifth through ninth grade shall be appris ed, together with
195	207		the parent, custodial parent, or guardian of the student, of the
196	208		opportunity for access to higher learning under the Oklahoma Higher
197	209		Learning Access Program. The Oklahoma State Regents for Higher
198	210		Education and the State Board of Educatio n shall develop, promote,
199	211		and coordinate a public awareness program to be utilized in making
200	212		students and parents aware of the Oklahoma Higher Learning Access
201	213		Program.
202	214		B. On a form provided by the Oklahoma State Regents for Higher
203	215		Education, every public school district shall designate at least one
204	216		Oklahoma Higher Learning Access Program contact person, who shall be
205	217		a counselor or teacher, at each public school site in this state in
206	218		which eighth-, ninth- or tenth-grade classes are taught. When
207	219		requested by the State Regents, the State Board of Education shall
208	220		assist the State Regents to ensure the designation of contact
209	221		persons. Private schools shall also designate at least one school
210	222		official as a contact person. For students who are educated by
211		-	other means, a parent or guardian or other person approved by the
212		-	State Regents shall be designated t he contact person.
213		-	C. 1. Students who qualify on the basis of financial need
214		-	according to subsection D or E of this section or who meet the
215		-	eligibility qualification set forth in subparagraph a of paragraph 1
216		-	of subsection B of Section 2603 of this title prior to entering the
217		-	tenth grade or prior to reaching the age of fifteen (15) and the
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	250	+	other means, a parent or guardian or other person approved by the
	251	+	State Regents shall be designated the contact person.
	252	+	C. 1. Students who qualify on the basis of financial need
	253	+	according to subsection D or E of this section or who meet the
	254	+	eligibility qualific ation set forth in subparagraph a of paragraph 1
	255	+	of subsection B of Section 2603 of this title prior to entering the
	256	+	tenth grade or prior to reaching the age of fifteen (15) and the
244	257		standards and provisions promulgated by the Oklahoma State Regents
245	258		for Higher Education shall be given the opportunity throughout the
246	259		eighth-, ninth-, and tenth-grade years, for students enrolled in a
247	260		public or private school, or between the ages of thirteen (13) and
248	261		fifteen (15), for students who are educated by other means, to enter
249	262		into participation in the program by agreeing to, throughout the
250	263		remainder of their school years or educational program:
251	264		a. attend school or an educational program regularly and
252	265		do homework regularly,
253	266		b. refrain from substance abuse,
254	267		c. refrain from commission of crimes or delinquent acts,
255	268		d. have school work and school records reviewed by
256	269		mentors designated pursuant to the program,
257	270		e. provide information requested by the Oklahoma State
258	271		Regents for Higher Education or the State Board of
259	272		Education, and
260	273		f. participate in program activities.
261		-	2. Students who meet the eligibility qualification se t forth in
262		-	subparagraph a of paragraph 1 of subsection B of Section 2603 of
263		-	this title after completing the tenth grade or after reaching the
264		-	age of sixteen (16) shall be given the opportunity prior to reaching
265		-	the age of twenty-one (21) to enter into part icipation in the
266		-	program and shall execute an agreement with provisions as determined
267		-	by the Oklahoma State Regents for Higher Education.
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	301	+	2. Students who meet the eligibility qualification set forth in
	302	+	subparagraph a of paragraph 1 of subsection B of Section 2603 of
	303	+	this title after completing the tenth grade or after reaching the
	304	+	age of sixteen (16) shall be given the opportunity prior to reaching
	305	+	the age of twenty-one (21) to enter into participation in the
	306	+	program and shall execute an agreement with provisions as determined
	307	+	by the Oklahoma State Regents for Higher Education.
294	308		3. The contact person s hall maintain the agreements, which
295	309		shall be executed on forms provided by the Oklahoma State Regents
296	310		for Higher Education and managed according to regulations
297	311		promulgated by the Oklahoma State Regents for Higher Education, and
298	312		the contact person shall mon itor compliance of the student with the
299	313		terms of the agreement. The Oklahoma State Regents for Higher
300	314		Education are authorized to process student agreements and verify
301	315		compliance with the agreements. Students failing to comply with the
302	316		terms of the agreement shall not be eligible for the awards provided
303	317		in Section 2604 of this title.
304	318		D. Except as otherwise provided for in subsection E of this
305	319		section and except for students who qualify pursuant to subsection B
306	320		of Section 2603 of this title, a student sha ll not be found to be in
307	321		financial need for purposes of the Oklahoma Higher Learning Access
308	322		Program if:
309	323		1. At the time the student applies for participation in the
310	324		program during the eighth, ninth or tenth grade for students
311		-	enrolled in a public or private school, or between the ages of
312		-	thirteen (13) and fifteen (15), for students who are educated by
313		-	other means, the income from taxable and nontaxable sources of the
314		-	student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
315		-	year;
316		-	2. Beginning with eighth -, ninth- or tenth-grade students who
317		-	are enrolled in a public or private school or st udents between the
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	352	+	enrolled in a public or privat e school, or between the ages of
	353	+	thirteen (13) and fifteen (15), for students who are educated by
	354	+	other means, the income from taxable and nontaxable sources of the
	355	+	student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
	356	+	year;
	357	+	2. Beginning with eighth-, ninth- or tenth-grade students who
	358	+	are enrolled in a public or private school or students between the
344	359		ages of thirteen (13) and fifteen (15) who are educated by other
345	360		means who apply for participation in the program in the 2017 -2018
346	361		school year, the federal adjusted gross income of the student's
347	362		parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
348	363		3. Beginning with eighth -, ninth- or tenth-grade students who
349	364		are enrolled in a public or private school or students between the
350	365		ages of thirteen (13) and fifteen (15) who are educated by other
351	366		means who apply for participation in the program in the 2021 -2022
352	367		school year, the federal adjusted gross income of the student's
353	368		parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;
354	369		4. At the time the student begins postsecondary education and
355	370		prior to receiving any Oklahoma Higher Learning Access Program
356	371		benefit award, the federal adjusted gross income of the student's
357	372		parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
358	373		year; and
359	374		5. Beginning with the 2018 -2019 academic year, prior to
360	375		receiving any Oklahoma Higher Learning Access Program benefit award
361		-	for any year during which the student is enrolled in an institution
362		-	which is a member of The Oklahoma State System of Higher Education,
363		-	a postsecondary vocational -technical program offered by a technology
364		-	center school that meets the requirements to be eligible for federal
365		-	student financial aid or a private institution of higher learning
366		-	located within this state and accredited pursuant to Section 4103 of
367		-	this title, the federal adjusted gross income of the student's
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	403	+	for any year during which the student is enrolled in an institution
	404	+	which is a member of The Oklahoma State System of High er Education,
	405	+	a postsecondary vocational -technical program offered by a technology
	406	+	center school that meets the requirements to be eligible for federal
	407	+	student financial aid or a private institution of higher learning
	408	+	located within this state and accredit ed pursuant to Section 4103 of
	409	+	this title, the federal adjusted gross income of the student's
394	410		parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
395	411		year.
396	412		The determination of financial qualification as set forth in
397	413		paragraphs 4 and 5 of this sub section shall be based on the income
398	414		of the student, not the income of the parent(s), if a student:
399	415		a. is determined to be independent of the student's
400	416		parents for federal financial aid purposes,
401	417		b. was in the permanent custody of the Department of
402	418		Human Services at the time the student enrolled in the
403	419		program, or
404	420		c. was in the court-ordered custody of a federally
405	421		recognized Indian tribe, as defined by the federal
406	422		Indian Child Welfare Act, at the time the student
407	423		enrolled in the program.
408	424		The provisions of this paragraph shall apply to any student who
409	425		has received an Oklahoma Higher Learning Access Program benefit
410	426		award after the 2017 -2018 school year; and
411		-	6. The Oklahoma State Regents for Higher Education shall review
412		-	the determination of financial qualification as set forth in
413		-	paragraphs 1, 2 and 3 of this subsection if the income from taxable
414		-	and nontaxable sources of the student's parent(s) includes income
415		-	received from nontaxable military benefits or income received from
416		-	the federal Social Security Administration due to the death or
417		-	disability of the student's parent(s). If the income from taxab le
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	454	+	6. The Oklahoma State Regents for Higher Education shall review
	455	+	the determination of financial qualific ation as set forth in
	456	+	paragraphs 1, 2 and 3 of this subsection if the income from taxable
	457	+	and nontaxable sources of the student's parent(s) includes income
	458	+	received from nontaxable military benefits or income received from
	459	+	the federal Social Security Admin istration due to the death or
	460	+	disability of the student's parent(s). If the income from taxable
444	461		and nontaxable sources of the student's parent(s), excluding income
445	462		received from nontaxable military benefits or income received from
446	463		the federal Social Secur ity Administration due to the death or
447	464		disability of the student's parent(s), does not exceed the
448	465		limitations set forth by paragraphs 1, 2 and 3 of this subsection,
449	466		the student shall be determined to have met the financial
450	467		qualification set forth in paragr aphs 1, 2 and 3 of this subsection.
451	468		E. 1. A student who was adopted between birth and twelve (12)
452	469		years of age while in the permanent custody of the Department of
453	470		Human Services, in the court -ordered custody of a licensed private
454	471		nonprofit child-placing agency, or federally recognized Indian
455	472		tribe, as defined by the federal Indian Child Welfare Act, shall not
456	473		be found to be in financial need for purposes of the Oklahoma Higher
457	474		Learning Access Program if at the time the student begins
458	475		postsecondary educati on and prior to receiving any Oklahoma Higher
459	476		Learning Access Program benefit award, the federal adjusted gross
460	477		income of the student's parent(s) exceeds One Hundred Fifty Thousand
461		-	Dollars ($150,000.00) per year. The provisions of this paragraph
462		-	shall not apply to any student who has received an Oklahoma Higher
463		-	Learning Access Program benefit awar d prior to the 2012-2013 school
464		-	year.
465		-	2. A student who was adopted between thirteen (13) and
466		-	seventeen (17) years of age while in the permanent custody of the
467		-	Department of Human Services, in the court -ordered custody of a
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	505	+	Dollars ($150,000.00) per year. The provisions of this paragraph
	506	+	shall not apply to any student who has received an Oklahoma Higher
	507	+	Learning Access Program benefit award prior to the 2012 -2013 school
	508	+	year.
	509	+	2. A student who was adopted between thirteen (13) and
	510	+	seventeen (17) years of age while in the permanent custody of the
	511	+	Department of Human Services, in the court -ordered custody of a
494	512		licensed private nonprofit child -placing agency, or federally
495	513		recognized Indian tribe, as defined by the federal Indian Child
496	514		Welfare Act, shall not be found to be in financial need for purposes
497	515		of the Oklahoma Higher Learning Access Program if at the time the
498	516		student begins postsecondary education and prior to receiving any
499	517		Oklahoma Higher Learning Access Program benefit award, the federal
500	518		adjusted gross income of the student's parent(s) exceeds Two Hundred
501	519		Thousand Dollars ($200,000.00) per year. The provisions of this
502	520		paragraph shall not apply to any student who has received an
503	521		Oklahoma Higher Learning Access Program benefit award prior to the
504	522		2012-2013 school year.
505	523		3. Except for students who qualify pursuant to subsection B of
506	524		Section 2603 of this title, the determination of financial
507	525		qualification as set forth in this subsection shall be based on the
508	526		income of the student, not the income of the parent(s), if the
509	527		student is determined to be i ndependent of the student's parent(s)
510	528		for federal financial aid purposes or is receiving services from the
511		-	Department of Human Services pursuant to Section 2 of this act . A
512		-	determination of financial qualification shall not be required for
513		-	the student who meets the criteria set forth in this subsection at
514		-	the time the student applies for participa tion in the program. The
515		-	provisions of this paragraph shall not apply to any student who has
516		-	received an Oklahoma Higher Learning Access Program benefit award
517		-	prior to the 2008-2009 school year.
518	529
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	556	+	Department of Human Services pursuant to Section 2 of this act . A
	557	+	determination of financial qualification shall not be required for
	558	+	the student who meets the criteria set forth in this subsection at
	559	+	the time the student applies for participation in the program. The
	560	+	provisions of this paragraph shall not apply to any student who has
	561	+	received an Oklahoma Higher Learning Access Program benefit award
	562	+	prior to the 2008-2009 school year.
544	563		F. The financial qualification of a student as set forth in
545	564		subsections D and E of this section shall be certified by the
546	565		contact person or by the Oklahoma State Regents for Higher Education
547	566		on the agreement form provided by the Oklahoma State Regents for
548	567		Higher Education. The form shall be retained in the permanent
549	568		record of the student and a copy forwarded to the Oklahoma State
550	569		Regents for Higher Education.
551	570		G. Agreements shall be witnessed by the parent, custodial
552	571		parent, or guardian of the student, who shall further agree to:
553	572		1. Assist the student in achieving compliance with the
554	573		agreements;
555	574		2. Confer, when requested to do so, with the school contact
556	575		person, other school personnel, and program mentors;
557	576		3. Provide information requested by the Oklahoma State Regents
558	577		for Higher Education or the State Board of Education; and
559	578		4. Assist the student in completing forms and reports required
560	579		for program participation, making applications to institutions and
561		-	schools of higher learning, and filing applications for student
562		-	grants and scholarships.
563		-	H. Students who are e nrolled in a school district located in
564		-	this state that serves students who reside in both this state and an
565		-	adjacent state pursuant to a contract as authorized in Section 5 -
566		-	117.1 of this title, are in the eleventh and twelfth grades during
567		-	the 2006-2007 school year, and who were denied participation in the
568	580
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	607	+	schools of higher learning, and filing applications for student
	608	+	grants and scholarships.
	609	+	H. Students who are enrolled in a school district located in
	610	+	this state that serves students who reside in both this state and an
	611	+	adjacent state pursuant to a contract as authorized i n Section 5-
	612	+	117.1 of this title, are in the eleventh and twelfth grades during
	613	+	the 2006-2007 school year, and who were denied participation in the
594	614		program shall be allowed to enter or reenter into participation in
595	615		the program by entering into agreements as set forth in subsections
596	616		C and D of this section by June 1, 2008.
597	617		I. The Oklahoma State Regents for Higher Education shall
598	618		promulgate rules for the determination of student compliance with
599	619		agreements made pursuant to this section.
600	620		J. The Oklahoma State Regents for Higher Education shall
601	621		designate personnel to coordinate tracking of program records for
602	622		the years when students participating in the program are still in
603	623		the schools or are being educated by other means, provide staff
604	624		development for contact p ersons in the schools, and provide liaison
605	625		with the State Board of Education and local organizations and
606	626		individuals participating in the program.
607	627		K. The school district where an Oklahoma Higher Learning Access
608	628		Program student is enrolled when the student begins participation in
609	629		the program and any subsequent school district where the student
610	630		enrolls shall forward information regarding participation by the
611		-	student in the program to a school to which the student transfers
612		-	upon the request of the school for the records of the student.
613		-	L. Students participating in the Oklahoma Higher Learning
614		-	Access Program shall provide their Social Security number or their
615		-	student identification number used by their school to the Oklahoma
616		-	State Regents for Higher Education. The Regents shall keep the
617		-	numbers confidential and use them only for administrative purpose s.
618	631
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	658	+	student in the program to a school to which the student transfers
	659	+	upon the request of the school for the records of the student.
	660	+	L. Students participating in the Oklahoma Higher Learning
	661	+	Access Program shall provide their Social Security number or their
	662	+	student identification number used by their school to the Oklahoma
	663	+	State Regents for Higher Education. The Regents shall keep the
	664	+	numbers confidential and use them only for administrative purposes.
644	665		SECTION 4. This act shall become effective November 1, 2021.
645		-	Passed the House of Representatives the 1st day of March, 2021.
646	666
647		-
648		-
649		-
650		-	Presiding Officer of the House
651		-	of Representatives
652		-
653		-
654		-	Passed the Senate the ___ day of __________, 2021.
655		-
656		-
657		-
658		-
659		-	Presiding Officer of the Senate
660		-
661		-
	667	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	668	+	SERVICES, dated 02/09/2021 - DO PASS, As Coauthored.