Oklahoma 2022 Regular Session

Oklahoma House Bill HB2399 Compare Versions

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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2399 By: Russ and Munson of the
30		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Quinn of the Senate
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2399 By: Russ
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	42	+
	43	+	COMMITTEE SUBSTITUTE
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40	45		An Act relating to the Oklahoma Higher Learning
41	46		Access Program; amendi ng 70 O.S. 2011, Section 2605,
42	47		as last amended by Section 4, Chapter 289, O.S.L.
43	48		2017 (70 O.S. Supp. 2020, Section 2605), which
44	49		relates to program awareness; modifying eligibility
45	50		for certain students to participate in program; and
46	51		providing an effective d ate.
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52	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	58		SECTION 1. AMENDATORY 70 O.S. 2011, Section 2605, as
54	59		last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
55	60		2020, Section 2605), is amended to read as fol lows:
56	61		Section 2605. A. Each school year, every fifth - through ninth-
57	62		grade student in the public and private schools of this state and
58	63		students who are educated by other means and are in the equivalent
59	64		of the fifth through ninth grade shall be apprised, t ogether with
60	65		the parent, custodial parent, or guardian of the student, of the
61	66		opportunity for access to higher learning under the Oklahoma Higher
62		-	Learning Access Program. The Oklahoma State Regents for Higher
63		-	Education and the State Board of Education shall develop, promote,
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	94	+	Learning Access Program. The Oklahoma State Regents for Higher
	95	+	Education and the State Board of Education sha ll develop, promote,
90	96		and coordinate a public awareness program to be utilized in making
91	97		students and parents aware of the Oklahoma Higher Learning Access
92	98		Program.
93	99		B. On a form provided by the Oklahoma State Regents for Higher
94	100		Education, every public schoo l district shall designate at least one
95	101		Oklahoma Higher Learning Access Program contact person, who shall be
96	102		a counselor or teacher, at each public school site in this state in
97	103		which eighth-, ninth- or tenth-grade classes are taught. When
98	104		requested by the State Regents, the State Board of Education shall
99	105		assist the State Regents to ensure the designation of contact
100	106		persons. Private schools shall also designate at least one school
101	107		official as a contact person. For students who are educated by
102	108		other means, a parent or guardian or other person approved by the
103	109		State Regents shall be designated the contact person.
104	110		C. 1. Students who qualify on the basis of financial need
105	111		according to subsection D or E of this section or who meet the
106	112		eligibility qualification set forth in subparagraph a of paragraph 1
107	113		of subsection B of Section 2603 of this title prior to entering the
108	114		tenth grade or prior to reaching the age of fifteen (15) and the
109	115		standards and provisions promulgated by the Oklahoma State Regents
110	116		for Higher Education shall be given the opportunity throughout the
111	117		eighth-, ninth-, and tenth-grade years, for students enrolled in a
112		-	public or private school, or between the ages of thirteen (13) and
113		-	fifteen (15), for students who are educated by other means, or
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	145	+	public or private school, or between the ages of thirteen (13) and
	146	+	fifteen (15), for students who are educated by other means, or
140	147		throughout the eleventh- or twelfth-grade years, or between the ages
141	148		of sixteen (16) and eighteen (18), for students who meet the
142	149		conditions of paragraph 4 of subsection D of this section, to enter
143	150		into participation in the program by agreeing to, throughout t he
144	151		remainder of their school years or educational program:
145	152		a. attend school or an educational program regularly and
146	153		do homework regularly,
147	154		b. refrain from substance abuse,
148	155		c. refrain from commission of crimes or delinquent acts,
149	156		d. have school work and sch ool records reviewed by
150	157		mentors designated pursuant to the program,
151	158		e. provide information requested by the Oklahoma State
152	159		Regents for Higher Education or the State Board of
153	160		Education, and
154	161		f. participate in program activities.
155	162		2. Students who meet the eli gibility qualification set forth in
156	163		subparagraph a of paragraph 1 of subsection B of Section 2603 of
157	164		this title after completing the tenth grade or after reaching the
158	165		age of sixteen (16) shall be given the opportunity prior to reaching
159	166		the age of twenty-one (21) to enter into participation in the
160	167		program and shall execute an agreement with provisions as determined
161	168		by the Oklahoma State Regents for Higher Education.
162		-	3. The contact person shall maintain the agreements, which
163		-	shall be executed on forms provided by the Oklahoma State Regents
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	196	+	3. The contact person shall maintain the agreements, which
	197	+	shall be executed on forms provid ed by the Oklahoma State Regents
190	198		for Higher Education and managed according to regulations
191	199		promulgated by the Oklahoma State Regents for Higher Education, and
192	200		the contact person shall monitor compliance of the student with the
193	201		terms of the agreement. The Oklahoma State Regents for Higher
194	202		Education are authorized to process student agreements and verify
195	203		compliance with the agreements. Students failing to comply with the
196	204		terms of the agreement shall not be eligible for the awards provided
197	205		in Section 2604 of this title.
198	206		D. Except as otherwise provided for in subsection E of this
199	207		section and except for students who qualify pursuant to subsection B
200	208		of Section 2603 of this title, a student shall not be found to be in
201	209		financial need for purposes of the Oklahoma Higher Learning Access
202	210		Program if:
203	211		1. At the time the student applies for participation in the
204	212		program during the eighth, ninth or tenth grade for students
205	213		enrolled in a public or private school, or between the ages of
206	214		thirteen (13) and fifteen (15), for students who are educated by
207	215		other means, the income from taxable and nontaxable sources of the
208	216		student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
209	217		year;
210	218		2. Beginning with eighth -, ninth- or tenth-grade students who
211	219		are enrolled in a publ ic or private school or students between the
212		-	ages of thirteen (13) and fifteen (15) who are educated by other
213		-	means who apply for participation in the program in the 2017 -2018
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	247	+	ages of thirteen (13) and fifteen (15) who are educated by other
	248	+	means who apply for participation in the program in the 2017 -2018
240	249		school year, the federal adjusted gross income of the student's
241	250		parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
242	251		3. Beginning with eighth -, ninth- or tenth-grade students who
243	252		are enrolled in a public or private school or students between the
244	253		ages of thirteen (13) and fifteen (15) who are educated by other
245	254		means who apply for participation in the program in the 2021-2022
246	255		school year, the federal adjusted gross income of the student's
247	256		parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;
248	257		4. Beginning with eleventh - or twelfth-grade students who are
249	258		enrolled in a public or private school, or students between the ages
250	259		of sixteen (16) and eighteen (18) who are educated by other means,
251	260		who apply for participation in the program, whose parents have
252	261		become deceased after the student's tenth -grade year, the federa l
253	262		adjusted gross income of the student or the student's adoptive
254	263		parent(s), if applicable, exceeds One Hundred Thousand Dollars
255	264		($100,000.00) per year;
256	265		5. At the time the student begins postsecondary education and
257	266		prior to receiving any Oklahoma Higher Le arning Access Program
258	267		benefit award, the federal adjusted gross income of the student's
259	268		parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
260	269		year; and
261		-	5. 6. Beginning with the 2018 -2019 academic year, prior to
262		-	receiving any Oklahoma Higher Learning Access Program benefit award
263		-	for any year during which the student is enrolled in an institution
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	297	+	5. 6. Beginning with the 2018 -2019 academic year, prior to
	298	+	receiving any Oklahoma Higher Lea rning Access Program benefit award
	299	+	for any year during which the student is enrolled in an institution
290	300		which is a member of The Oklahoma State System of Higher Education,
291	301		a postsecondary vocational -technical program offered by a technology
292	302		center school that meets the requirements to be eligible for federal
293	303		student financial aid or a private institution of higher learning
294	304		located within this state and accredited pursuant to Section 4103 of
295	305		this title, the federal adjusted gross income of the student's
296	306		parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
297	307		year.
298	308		The determination of financial qualification as set forth in
299	309		paragraphs 4 5 and 5 6 of this subsection shall be based on the
300	310		income of the student, not the income of the parent(s), if a
301	311		student:
302	312		a. is determined to be independent of the student's
303	313		parents for federal financial aid purposes,
304	314		b. was in the permanent custody of the Department of
305	315		Human Services at the time the student enrolled in the
306	316		program, or
307	317		c. was in the court-ordered custody of a federally
308	318		recognized Indian tribe, as defined by the federal
309	319		Indian Child Welfare Act, at the time the student
310	320		enrolled in the program.
311		-	The provisions of this paragraph shall apply to any student who
312		-	has received an Oklahoma Higher Learning Access Program benefit
313		-	award after the 2017 -2018 school year; and
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	348	+	The provisions of this paragraph shall apply to any student who
	349	+	has received an Oklahoma Higher Learning Access Pr ogram benefit
	350	+	award after the 2017 -2018 school year; and
340	351		6. 7. The Oklahoma State Regents for Higher Education shall
341	352		review the determination of financial qualification as set forth in
342	353		paragraphs 1, 2 and, 3 and 4 of this subsection if the income from
343	354		taxable and nontaxable sources of the student's parent(s) includes
344	355		income received from nontaxable military benefits or income received
345	356		from the federal Social Security Administration due to the death or
346	357		disability of the student's parent(s). If the income f rom taxable
347	358		and nontaxable sources of the student's parent(s), excluding income
348	359		received from nontaxable military benefits or income received from
349	360		the federal Social Security Administration due to the death or
350	361		disability of the student's parent(s), does no t exceed the
351	362		limitations set forth by paragraphs 1, 2 and, 3 and 4 of this
352	363		subsection, the student shall be determined to have met the
353	364		financial qualification set forth in paragraphs 1, 2 and, 3 and 4 of
354	365		this subsection.
355	366		E. 1. A student who was adopted b etween birth and twelve (12)
356	367		years of age while in the permanent custody of the Department of
357	368		Human Services, in the court -ordered custody of a licensed private
358	369		nonprofit child-placing agency, or federally recognized Indian
359	370		tribe, as defined by the federal Indian Child Welfare Act, shall not
360	371		be found to be in financial need for purposes of the Oklahoma Higher
361		-	Learning Access Program if at the time the student begins
362		-	postsecondary education and prior to receiving any Oklahoma Higher
363		-	Learning Access Program benefit award, the federal adjusted gross
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	399	+	Learning Access Program if at the time the student begins
	400	+	postsecondary education and prior to receiving any Oklahoma Higher
	401	+	Learning Access Program b enefit award, the federal adjusted gross
390	402		income of the student's parent(s) exceeds One Hundred Fifty Thousand
391	403		Dollars ($150,000.00) per year. The provisions of this paragraph
392	404		shall not apply to any student who has received an Oklahoma Higher
393	405		Learning Access Program benefit award prior to the 2012 -2013 school
394	406		year.
395	407		2. A student who was adopted between thirteen (13) and
396	408		seventeen (17) years of age while in the permanent custody of the
397	409		Department of Human Services, in the court -ordered custody of a
398	410		licensed private nonprofit child -placing agency, or federally
399	411		recognized Indian tribe, as defined by the federal Indian Child
400	412		Welfare Act, shall not be found to be in financial need for purposes
401	413		of the Oklahoma Higher Learning Access Program if at the time the
402	414		student begins postsecondary education and prior to receiving any
403	415		Oklahoma Higher Learning Access Program benefit award, the federal
404	416		adjusted gross income of the student's parent(s) exceeds Two Hundred
405	417		Thousand Dollars ($200,000.00) per year. The provisions o f this
406	418		paragraph shall not apply to any student who has received an
407	419		Oklahoma Higher Learning Access Program benefit award prior to the
408	420		2012-2013 school year.
409	421		3. Except for students who qualify pursuant to subsection B of
410	422		Section 2603 of this title, the de termination of financial
411		-	qualification as set forth in this subsection shall be based o n the
412		-	income of the student, not the income of the parent(s), if the
413		-	student is determined to be independent of the student's parent(s)
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	450	+	qualification as set forth in this subsection shall be based on the
	451	+	income of the student, not the income of the parent(s), if the
	452	+	student is determined to be independent of the student's parent(s)
440	453		for federal financial aid purpose s. A determination of financial
441	454		qualification shall not be required for the student who meets the
442	455		criteria set forth in this subsection at the time the student
443	456		applies for participation in the program. The provisions of this
444	457		paragraph shall not apply to any student who has received an
445	458		Oklahoma Higher Learning Access Program benefit award prior to the
446	459		2008-2009 school year.
447	460		F. The financial qualification of a student as set forth in
448	461		subsections D and E of this section shall be certified by the
449	462		contact person or by the Oklahoma State Regents for Higher Education
450	463		on the agreement form provided by the Oklahoma State Regents for
451	464		Higher Education. The form shall be retained in the permanent
452	465		record of the student and a copy forwarded to the Oklahoma State
453	466		Regents for Higher Education.
454	467		G. Agreements shall be witnessed by the parent, custodial
455	468		parent, or guardian of the student, who shall further agree to:
456	469		1. Assist the student in achieving compliance with the
457	470		agreements;
458	471		2. Confer, when requested to do so, wit h the school contact
459	472		person, other school personnel, and program mentors;
460		-	3. Provide information requested by the Oklahoma State Regents
461		-	for Higher Education or the State Board of Education; and
462		-	4. Assist the student in completing forms and reports required
463		-	for program participation, making applications to institutions and
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	500	+	3. Provide information requested by the Oklahoma State Regents
	501	+	for Higher Education or the State Board of Education; and
	502	+	4. Assist the student in completing forms and reports requi red
	503	+	for program participation, making applications to institutions and
490	504		schools of higher learning, and filing applications for student
491	505		grants and scholarships.
492	506		H. Students who are enrolled in a school district located in
493	507		this state that serves students wh o reside in both this state and an
494	508		adjacent state pursuant to a contract as authorized in Section 5 -
495	509		117.1 of this title, are in the eleventh and twelfth grades during
496	510		the 2006-2007 school year, and who were denied participation in the
497	511		program shall be allo wed to enter or reenter into participation in
498	512		the program by entering into agreements as set forth in subsections
499	513		C and D of this section by June 1, 2008.
500	514		I. The Oklahoma State Regents for Higher Education shall
501	515		promulgate rules for the determination of s tudent compliance with
502	516		agreements made pursuant to this section.
503	517		J. The Oklahoma State Regents for Higher Education shall
504	518		designate personnel to coordinate tracking of program records for
505	519		the years when students participating in the program are still in
506	520		the schools or are being educated by other means, provide staff
507	521		development for contact persons in the schools, and provide liaison
508	522		with the State Board of Education and local organizations and
509	523		individuals participating in the program.
510		-	K. The school district where an Oklahoma Higher Learning Access
511		-	Program student is enrolled when the studen t begins participation in
512		-	the program and any subsequent school district where the student
513		-	enrolls shall forward information regarding participation by the
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	551	+	K. The school distri ct where an Oklahoma Higher Learning Access
	552	+	Program student is enrolled when the student begins participation in
	553	+	the program and any subsequent school district where the student
	554	+	enrolls shall forward information regarding participation by the
540	555		student in the program to a school to which the student transfers
541	556		upon the request of the school for the records of the student.
542	557		L. Students participating in the Oklahoma Higher Learning
543	558		Access Program shall provide their Social Security number or their
544	559		student identification number used by their school to the Oklahoma
545	560		State Regents for Higher Education. The Regents shall keep the
546	561		numbers confidential and use them only for administrative purposes.
547	562		SECTION 2. This act shall become effective November 1, 2021.
548		-	Passed the House of Representatives the 2nd day of March, 2021.
549	563
550		-
551		-
552		-
553		-	Presiding Officer of the House
554		-	of Representatives
555		-
556		-
557		-	Passed the Senate the ___ day of __________, 2021.
558		-
559		-
560		-
561		-
562		-	Presiding Officer of the Senate
563		-
564		-
	564	+	COMMITTEE REPORT BY: COMMITTEE ON HIGHER EDUCATION AND CAREER TECH,
	565	+	dated 02/09/2021 - DO PASS, As Amended.