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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1388 By: Garvin
AS INTRODUCED
An Act relating to higher education; amending 70 O.S.
2021, Section 3218.2, which rela tes to the setting of
tuition and fees; requiring certain institutions to
post certain report online b y certain date; requiring
certain institutions to post certain rates onl ine
upon certain approval; requiring institutions to post
certain fees and their p urposes online; amending 70
O.S. 2021, Section 321 8.8, which relates to
undergraduate tuition and fees; removing language
directing the tuition and fee rates of certain
institutions to remain l ess than certain average
amounts; amending 70 O.S. 2021, Sectio n 3218.9, which
relates to tuition and fees for gr aduate and
professional programs; removing language directing
the tuition and fee rates to remain less than certain
average amount; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3218.2, is
amended to read as follows:
Section 3218.2. A. Resident tuition, nonresident tuition, and
other fees to be required of students receiving instruction or other
academic services provided by institu tions of The Oklahoma State
System of Higher Education shall be established by the Oklahoma
State Regents for Higher Education with due regard for the
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provisions of Section 3218.1 4 of this title within limits prescribed
by the Legislature. Nothing in this act shall be construed as
limiting or prohibiting the requirement of payment for goods or
services provided by auxiliary enterprises operated by or in
conjunction with institutio ns of The Oklahoma State System of Higher
Education and authorized by the Okl ahoma State Regents for Higher
Education.
B. By January 1 of each year, the Oklahoma State Regents for
Higher Education shall submit a report to the Governor, the
President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the mi nority floor leaders and education
committee chairs of both houses of the Oklahoma Legislature. The
annual report shall include the following information:
1. Actions taken in re gard to and the schedule of tuition and
fees approved for The Oklahoma State System of Higher Education for
the current academic year;
2. Data on the impact of any tuition or fee increases on the
ability of students to meet the costs of attendance, enroll ment
patterns, and availability of financial aid;
3. The budget prepared by the State Regents setting out in
detail the necessary expenses of the State Regents for the next
fiscal year;
4. The budget requests or proposals submitted by each
institution to the State Regents for the next fiscal year;
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5. The funding formula or allot ment system used by the State
Regents to allocate money to each institution , including a
description of the functional goals of the formula or system for
distributing funds to eac h institution;
6. A calculation of any differences in t he budget requests
amounts for each institution and the actual amounts allocated to
each institution, including an explanation for any differences; and
7. Any other data considered relevant by the St ate Regents.
C. By January 1 of each year, each institu tion of The Oklahoma
State System of Higher Education shall submit a report to the
Governor, the President Pro Tempore of the Senate, the Speaker of
the House of Representatives, and the minority floo r leaders and
education committee chairs of both houses of the Oklahoma
Legislature. The annual report shall include the following
information:
1. A copy of reports submitted to the State Regents which
itemizes the tuition and fees for each institution b y campus or
location; and
2. The total budget of each i nstitution for the pr evious fiscal
year including the amount of revenue received from tuition and fees
and other sources and expenses for each campus or location.
D. 1. By January 1 of each year, ea ch institution within The
Oklahoma State System of Highe r Education shall pos t on its website
the annual report required by subsection C of this section.
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2. Upon approval of resident tuition, nonresident tuition, and
fee rates by the Oklahoma State Regent s for Higher Education for an
academic year, each institution shall post on i ts website the
tuition and fee rates for each institution by campus or location.
3. Each institution shall also post on its website a list of
every fee for which an undergraduate, graduate, resident, or
nonresident student is to be ch arged for the academic year and the
purpose for which the fee is charged.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3218.8, is
amended to read as follows:
Section 3218.8. A. Subject to the provisions of subsection D
of this section, the Oklahoma State Regents for Higher Educat ion are
authorized to establish undergr aduate resident tuition, nonr esident
tuition, and mandatory fees, which students shall pay as a condition
of enrollment, except as otherwise provided by law. The process for
establishing tuition and mandatory fees sh all incorporate the
provisions of Section 3218.14 of this title.
1. At the comprehensive universities the combined average of
the resident tuition and man datory fees established for any school
year for the nonguaranteed rate, as determined by the State Re gents,
shall remain less than the combi ned average of the resident tu ition
and fees at the state -supported institutions of higher education
that are members of the Big Twelve Conference on the effec tive date
of this act. The combined average of the nonres ident tuition and
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mandatory fees, as de termined by the State Regents, shall remain
less than one hundred five percent (105%) of the combined average of
the nonresident tuition and fees at the state -supported institutions
of higher education that are member s of the Big Twelve Conference on
the effective date of this act.
2. At the regional universities and two -year colleges the
combined average of the reside nt tuition and mandatory fees
established for any school year for the nonguaranteed rate, as
determined by the State Regents, shall remain l ess than the combined
average of the resident tuition and mandatory fees at like -type
state-supported institutions o f higher education in states
determined by the State Regents that include, but are not limited
to, those adjacent to Oklahoma. The combined average of the
nonresident tuition and mandatory fees, as determined by the State
Regents, shall remain less than o ne hundred five percent (105%) of
the combined average of the nonresident tuition and fees at like -
type state-supported institutions of high er education in states
determined by the State Regents that include, but are not limited
to, those adjacent to Oklah oma.
B. In its deliberation on the establi shment of resident tuition
rates for undergraduate and gra duate education, the Oklahoma State
Regents for Higher Education shal l balance the affordability of
public higher education with the provision of available , diverse,
and high-quality learning opport unities. In this endeavor the State
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Regents shall give co nsideration to the level of state
appropriations, the state economy, t he per capita income and cost of
living, the college-going and college-retention rates, and the
availability of financial aid in Oklahoma. For any increase in the
tuition rates, the Sta te Regents shall demonstrate a reasonab le
effort to effect a proportio nate increase in the availability of
need-based student financial aid. Need -based financial aid shall
include, but shall not be limited to, awards for the Oklahoma Higher
Learning Access Program, Oklahoma Tuition Aid Grants, federal need-
based financial aid and tuition waivers, and private donations. In
addition, when determining the gua ranteed tuition rates as provided
for in subsection D of this section, the Regents shall consider the
anticipated revenue needs during the f our-year period of the
guarantee.
C. Students permitted to audit courses shall pay the same
resident tuition and no nresident tuition as required of students w ho
enroll for course credit.
D. 1. Beginning with the 20 08-2009 academic year, each
comprehensive and regional institution within The Oklahoma State
System of Higher Education shall offer to resident students
enrolling for the first time as a full -time undergraduate a tuition
rate that will be guaranteed for a period of not less than four (4)
consecutive academic years as provide d for in this subsection.
Students shall have the option to participate or not parti cipate in
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the guaranteed tuition rate progr am and shall indicate their
election at the time of enroll ment. Each institution shall provide
students with the following info rmation prior to enrollment:
a. the annual tuition rate charged and the percentage
increase for the previous four (4) academic y ears, and
b. the annual tuition and percentage increase th at the
nonguaranteed tuition rate would have to increase to
equal or exceed the guaranteed tuition rate for the
succeeding four (4) academic years.
2. Except as otherwise provided for in this subse ction, for a
student who elects to participate in the guar anteed tuition rate
program, who is a resident of the state, and who e nrolls for the
first time as a full -time undergraduate student at an institution in
the state after the 2007 -2008 academic year, the amount of
undergraduate resident tuition charged to t he student for four (4)
consecutive academic years at a comprehensive and regional
institution shall not exceed the amount that the student was charged
at the time of first enrollment, nor shall it exceed one hundred
fifteen percent (115%) of the nonguaran teed undergraduate tuition
rate charged to resident students enrolling for the first time as
undergraduate students at the same institution for the same ac ademic
year.
3. If the normal time of comp letion for an undergraduate
program is more than four (4) years, as determined by the
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institution, the amount of resident tuitio n charged to students in
that program who have elected to participate in the guarante ed
tuition rate program shall not increase during the normal completion
period of the program.
4. If a student who has elected to participa te in the
guaranteed tuition ra te program is a member of the United States
Armed Forces including the Army and Air N ational Guard, the Army,
Navy, Air Force, Marine Corps, and Coast Guard Reserves, or any
other component of the Armed Forces, and when order ed by the proper
authority to active or inactive duty or service is required to
withdraw from an institution for mil itary or other national defense
emergencies, the amount of resident tuition the student is required
to pay upon reentering the institution s hall not exceed the amount
the student was charged at the time of withdrawal.
5. If a student who has elected to pa rticipate in the
guaranteed tuition rate pr ogram transfers to another institution or
transfers from a constituent agency of an institution to another
constituent agency or the institution after initial enrollment, the
student shall be charged the amount of resident tuition charged to
other students enrolling for the first time at that institution or
constituent agency.
6. If a student who has elected to participate in the
guaranteed tuition rate program changes majors or transfers to
another campus of the same institution after initial enrollment, the
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tuition charged to the student shall equal the amount the student
would have been charged had the student been admitted to t he changed
major or enrolled at the new campus when the student first enrolled.
This paragraph shall not apply if a student tra nsfers from a
constituent agency of an institution to another constituent agency
of the institution.
7. A student who elects to participate in the guaranteed
tuition rate program shall maintain full -time enrollment during the
guaranteed four-year period. For purposes of this subsection, full -
time enrollment shall be the number of credit hours as det ermined by
the State Regents fo r Higher Education to be full -time enrollment
for each institution.
SECTION 3. AMENDATORY 70 O.S. 2021 , Section 3218.9, is
amended to read as follows:
Section 3218.9. The Oklahoma State Regents for Higher Education
are authorized to establish resident tuition , nonresident tuition,
and mandatory fees for graduate and professional courses and
programs which shall remain less than the combined average of such
tuition and fees for like -type graduate and professional courses and
programs of comparable quality and standing at state -supported
institutions of higher educa tion as determined by the State Regents .
Professional courses and programs include, but are not limi ted to,
law, medicine, veterinary medic ine, optometry, pharmacy, and
dentistry.
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SECTION 4. This act shall become effective July 1, 2022.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effec t and
be in full force from and after its passage and approval.
58-2-2421 EB 1/19/2022 9:41:54 AM