Req. No. 2539 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1416 By: David
AS INTRODUCED
An Act relating to higher education; amending 70 O.S.
2021, Section 3247, which relates to in-state status
for military personnel and the ir dependents;
providing in-state status for certain persons;
updating references; 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 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;
2. Dependent child or spouse of a person currently serving as a
member of the military res erve on active duty orders of more than
thirty (30) days and for whom Oklahoma is the home of record;
Req. No. 2539 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Person, or spouse or dependent child of a person, currently
serving as a member of the uniformed ser vices of the United St ates
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) 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 ha s received a partial o r
full scholarship from the Air Force Reserve Officers ' Training
Corps, Army Reserve Officers ' Training Corps or the Navy/Marines
Reserve Officers' Training Corps; or
6. Person who is a current member of the Oklahoma National
Guard.
B. To be eligible for in-state status as provided for in
subsection A of this section and to maintain eligibility, 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 Highe r Education; and
Req. No. 2539 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Have secured admission to and enrolls full -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 institution shall be
eligible for in-state status, regardless o f 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 th e date of
enrollment in the course(s) concerned, a nd
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 assista nce under Section 3311 (b)(9) or
3319 of Title 38 of the United States Code by virtue
of a relationship to a person who was discharged or
released from a period of not fewer than ninety (90)
days of active duty uniformed services, and
Req. No. 2539 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 determined 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 Oklahoma 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 i nstitution within The Oklahoma State
System of Higher Education after the student:
1. As described in paragraphs paragraph 1, 2, or 3 of
subsection A of this section is discharged or released from active
duty service;
2. As described in paragraph 4 of su bsection A of this section
or paragraph paragraphs 1 and 2 of subsection C of this section
exceeds the five-year period after bei ng discharged or released from
active duty uniformed service;
Req. No. 2539 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 p aragraph 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 mi litary.
G. The Oklahoma State Regents for Higher Education shall
develop policies and procedures necessary to implement the
provisions of this section.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect an d
be in full force from and after its passage and approval.
58-2-2539 EB 1/19/2022 2:19:53 PM