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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2399 By: Russ
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Higher Learning
Access Program; 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 program awareness; modifying eligibility
for certain students to participate in program; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 as 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 apprised, together with
the parent, custodial parent, or guardian of the student, of the
opportunity for access to higher learning under the Oklahoma Higher
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Learning Access Program. The Oklahoma State Regents for Higher
Education and the State Board of Education shall develop, promote,
and coordinate a public awareness program to be utilized in 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 designa te 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 Stat e Board of Education shall
assist the State Regents to ensure the designation of contact
persons. Private schools shall also designate at least one school
official as a contact person. For students who are educated by
other means, a parent or guardian or other person approved by the
State Regents shall be designated the contact person.
C. 1. Students who qualify on the basis of financial need
according to subsection D or E of this section or who meet the
eligibility qualification set forth in subparagra ph 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
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public or private school, or between the ages of thirteen (13) and
fifteen (15), for students who are educated by other means, or
throughout the eleventh - or twelfth-grade years, or between the ages
of sixteen (16) and eighteen (18), for students who meet the
conditions of paragraph 4 of subsection D of this section, to enter
into participation in the program by agreeing to, throughout the
remainder of their sc hool years or educational program:
a. attend school or an educational program regularly and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinquent acts,
d. have school work and school records reviewed by
mentors designated pursuant to the program,
e. provide information requested by the Oklahoma State
Regents for Higher Education or the State Board of
Education, and
f. participate in program activities.
2. Students who meet the eligibility qualification s et 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 par ticipation in the
program and shall execute an agreement with provisions as determined
by the Oklahoma State Regents for Higher Education.
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3. The contact person shall maintain the agreements, which
shall be executed on forms provided by the Oklahoma State Regents
for Higher Education and managed according to regulations
promulgated by the Oklahoma State Regents for Higher Education, and
the contact person shall monitor compliance of the student with the
terms of the agreement. The Oklahoma State Regents f or 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 shall not be found to be in
financial need for purposes of the Oklahoma Higher Learning Access
Program if:
1. At the time the student applies for participation in the
program during the eighth, ninth or tenth grade for students
enrolled in a public or private school, or between the ages of
thirteen (13) and fifteen (15), for students who are educate d 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
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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 participatio n 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. Beginning with eleventh - or twelfth-grade students who are
enrolled in a public or private school, or students between the ages
of sixteen (16) and eighteen (18) who are educated by other means,
who apply for participation in the program, whose parents have
become deceased after the student's tenth -grade year, the federal
adjusted gross income of the student or the student's adoptive
parent(s), if applicable, exceeds One Hundred Thousand Dollars
($100,000.00) per year;
5. 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
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5. 6. Beginning with the 2018 -2019 academic year, prior to
receiving any Oklahoma Higher Learning Access Program ben efit award
for any year during which the student is enrolled in an institution
which is a member of The Oklahoma State System of Higher Education,
a postsecondary vocational -technical program offered by a technology
center school that meets the requirement s to be eligible for federal
student financial aid or a private institution of higher learning
located within this state and accredited pursuant to Section 4103 of
this title, 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 5 and 5 6 of this subsection shall be based on the
income of the student, not the income of the parent(s), if a
student:
a. is determined to be independent of the 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.
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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
6. 7. The Oklahoma State Regents for Higher Education shall
review the determination of financial qualification as set forth in
paragraphs 1, 2 and, 3 and 4 of this subsection if the income from
taxable and nontaxable sour ces of the student's parent(s) includes
income received from nontaxable military benefits or income received
from the federal Social Security Administration due to the death or
disability of the student's parent(s). If the income from taxable
and nontaxable sources of the student's parent(s), excluding income
received from nontaxable military benefits or income received from
the federal Social Security Administration due to the death or
disability of the student's parent(s), does not exceed the
limitations set forth by paragraphs 1, 2 and, 3 and 4 of this
subsection, the student shall be determined to have met the
financial qualification set forth in paragraphs 1, 2 and, 3 and 4 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 Ac t, shall not
be found to be in financial need for purposes of the Oklahoma Higher
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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 federa l adjusted gross
income of the student's parent(s) exceeds One Hundred Fifty Thousand
Dollars ($150,000.00) per year. The provisions of this paragraph
shall not apply to any student who has received an Oklahoma Higher
Learning Access Program benefit award prior to the 2012-2013 school
year.
2. A student who was adopted between thirteen (13) and
seventeen (17) years of age while in the permanent custody of the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child -placing agency, or federally
recognized Indian tribe, as 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
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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 independent of the student's parent(s)
for federal financial aid purposes. A determination of f inancial
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 rece ived 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 S tate 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;
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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 particip ation, making applications to institutions and
schools of higher learning, and filing applications for student
grants and scholarships.
H. Students who are enrolled in a school district located in
this state that serves students who reside in both this st ate and an
adjacent state pursuant to a contract as authorized in Section 5 -
117.1 of this title, are in the eleventh and twelfth grades during
the 2006-2007 school year, and who were denied 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 persons in the schools, and provide liaison
with the State Board of Education and local organizations and
individuals participating in the program.
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K. The school district where an Oklahoma Hig her 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
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 2. This act shall become effective November 1, 2021.
58-1-7430 EK 02/09/21