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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3367 By: Roberts (Eric)
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 3247, which relates to in-state status and
tuition for children of military members; modifying
time span for applicability; creating in-state
tuition status for member of Armed Forces; creating
in-state tuition status for spouse and dependent
children of members of Armed Forces; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3247, is
amended to read as follows :
Section 3247. A. A student shall be eligible for in -state
status regardless of the residency of the student if the student is
a:
1. Dependent child or spouse of a person currently serving as a
member of the active uniformed services of the United States on
full-time active duty status of more than thirty (30) days and for
whom Oklahoma is the home of record;
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2. Dependent child or spouse of a person currently serving as a
member of the military reserve on active duty orders of more than
thirty (30) days and for whom Oklahoma is the home of record;
3. Person, or spouse or dependent child of a person, currently
serving as a member of the uniformed services of the United States
who is on full-time active duty for a period of more than thirty
(30) days and is stationed or temporarily present in Oklahoma
through military orders;
4. Person, or spouse or dependent child of a person, who was
discharged or released from a period of not fewer than ninety (90)
days of active uniformed service, less than five (5) ten (10) years
before the date of enrollment in the course (s) concerned and for
whom Oklahoma is the home of record; or
5. Person who is participating in or has received a partial or
full scholarship from the Air Force Reserve Officers ' Training
Corps, Army Reserve Officers ' Training Corps or the Navy/Marines
Reserve Officers' Training Corps.
B. To be eligible for in-state status as provided for in
subsection A of this section and to maintain eligibi lity, the
student shall:
1. Satisfy admission and retention standards as determined by
the Oklahoma State R egents for Higher Education for an institution
within The Oklahoma State System of Higher Education; and
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2. Have secured admission to and enrolls f ull-time or part-time
in a program of study at an institution within The Oklahoma State
System of Higher Education .
C. A student who files with the institution within The Oklahoma
State System of Higher Education at which the student intends to
register a letter of intent to establish residence in the state and
who resides in the state while enrolled in the instituti on shall be
eligible for in-state status, regardless of the residency of the
student or home of record, if the student:
1. Is a person who:
a. was discharged or released from a period of not fewer
than ninety (90) days of active duty uniformed
service, less than five (5) years before the date of
enrollment in the course(s) concerned, and
b. is pursuing a course of education with educational
assistance under Chapter 30 or 33 of Title 38 of the
United States Code while living in this state; or
2. Is a person who:
a. is entitled to assistance under Section 3311(b)(9) or
3319 of Title 38 of the United States Code by virtue
of a relationship to a pe rson who was discharged or
released from a period of not fewer than ninety (90)
days of active duty uniformed serv ices, and
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b. enrolls in the course(s) concerned within five (5)
years of the date the related person was discharged or
released from a period of not fewer than ninety (90)
days of active duty uniformed services.
D. To be eligible for in -state status as provided for in
subsection C of this section and to maintain eligibility, the
student shall:
1. Satisfy admission and retention standards as de termined by
the Oklahoma State Regents for Higher Education for an institution
within The Oklahoma State System of Higher Education; and
2. Have secured admission to and enrolls full -time or part-time
in a program of study at an institution within The Okl ahoma State
System of Higher Education.
E. A student who meets the eligibility requirements for in -
state status shall maintain in-state status if the student remains
continuously enrolled at an institution within The Oklahoma State
System of Higher Educat ion after the student:
1. As described in paragraphs 1, 2 or 3 of subsection A of this
section is discharged or r eleased from active duty service;
2. As described in paragraph 4 of subsection A of this section
or paragraph 1 and 2 of subsection C of this section exceeds the
five-year period after being discharged or released from active duty
uniformed service;
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3. As described in paragraph 1 of subsection C of this section
has exhausted education assistance provided under Chapter 30 or 33
of Title 38 of the United States Code; or
4. As described in paragraph 2 of subsection C of this section
has exhausted education assistance provided under Section 3311(b)(9)
or 3319 of Title 38 of the United States Code.
F. For purposes of this section, "home of record" means the
place where one was living when the person enlisted or was
commissioned into the military or reenlisted in the military.
G. The State Regents for Higher Education shall develop
policies and procedures necessary to implement the provisions of
this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 3249 of Title 70, unless there
is created a duplication in numbering, reads as follows:
If a member of the Armed Forces has been stationed for more than
one (1) year in Oklahoma any time in the previous ten (10) years
before the date of enrollment in the course(s) concerned, then the
member, or the spouse or dependent child of the member , shall be
eligible for in-state tuition at a public institution of higher
education.
SECTION 3. This act shall become effective November 1, 2022.
58-2-9609 MJ 12/27/21