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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
ENGROSSED SENATE
BILL NO. 1673 By: Pugh of the Senate
and
Nollan and Fugate of the
House
[ Oklahoma Higher Learning Access Program - providing
income qualification eligibility beginning in
certain school year based on certain number of
dependent children - effective date –
emergency ]
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, is
amended to read as follows:
Section 2605. A. Each school year, every fifth - through
eleventh-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 eleventh grade shall be apprised,
together with the parent, custodial parent , or guardian of the
student, of the opportu nity for access to higher learnin g under the
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Oklahoma Higher Learning Access Program. The Oklahoma State Regents
for Higher Education and the State Board of Education shall develop,
promote, and coordinate a public awarenes s program to be utilized in
making students and parents aware of the Oklahoma Higher Learning
Access Program.
B. On a form provided by the Oklahom a State Regents for Higher
Education, every public school district shall designate at least one
Oklahoma Higher Learning Access Program conta ct person, who shall be
a counselor or teacher, at each public school site in this state in
which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
When requested by the State Regents, the State Board of Educat ion
shall assist the State Regen ts to ensure the designation of c ontact
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 app roved by the
State Regents shall be designated the contact person .
C. 1. Students who qualify on the basis of financial need
according to subsect ion D or E of this section or who meet the
eligibility qualification set forth in subparagraph a of paragraph 1
of subsection B of Section 26 03 of this title prior to enterin g the
eleventh grade or prior to reaching the age of sixteen (16) and the
standards and provisions promulgated by the Oklahoma State Regents
for Higher Education shall be given the opportunit y throughout the
eighth-, ninth-, tenth-, and eleventh-grade years, for students
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enrolled in a public or private school, or between the ages of
thirteen (13) and sixteen (16), for students who are educated by
other means, to enter into participation in the program by agreeing
to, throughout the remainder of their school years or educational
program:
a. attend school or an educational program regularl y and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinqu ent acts,
d. have school work and school records reviewed by
mentors designated pursuant to the program,
e. provide information requested by the Ok lahoma State
Regents for Higher Education or the State Board of
Education, and
f. participate in program acti vities.
2. Students who meet th e eligibility qualification set f orth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of
this title after completing the eleventh grade or after reaching the
age of seventeen (17) shall be given the opportun ity prior to
reaching the age of twenty-one (21) to enter into pa rticipation in
the program and shall execute an agreement with provisions as
determined by the Oklahoma State Regents for Higher Education.
3. The contact person shall maintain the agreement s, which
shall be executed on fo rms provided by the Oklahoma Stat e Regents
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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 stud ent with the
terms of the agreement. The Oklahoma State Regents for 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 a ges of
thirteen (13) and fifteen (15), for students who are educa ted 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 o r students between the
ages of thirteen (13) and fifteen (15) who are educated by other
means who apply for participation in the program in the 2017 -2018
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school year, the federal adjusted gro ss income of the student ’s
parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
students who are enrolled in a public or private school or students
between the ages of thirteen ( 13) and sixteen (16) who are edu cated
by other means who apply fo r participation 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 eighth-, ninth-, tenth-, or eleventh-grade
students who are enrolled in a public or private school or students
between the ages of thirteen (13 ) and sixteen (16) who are educated
by other means who apply for participati on in the program in the
2022-2023 school year:
a. the federal adjusted gross income of the stu dent’s
parent(s), who have two or fewer dependent children,
exceeds Sixty Thousand Dollars ($60,000.00) per year,
b. the federal adjusted gross income of the student’s
parent(s), who have three or four dependent children,
exceeds Seventy Thousand Dollars ($70,000.00) per
year, or
c. the federal adjusted gross income of the student’s
parent(s), who have five or more dependent children,
exceeds Eighty Thousand Dollars ($80,000 .00) per year;
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5. At the time the student begins post secondary education and
prior to receiving any Oklahoma Higher Learning Access Program
benefit award, the federal a djusted gross income of the student’s
parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
year; and
5. 6. Beginning with the 20 18-2019 academic year, prior to
receiving any Oklahoma Higher Learning Access Program benefit 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 voca tional-technical program offered by a technology
center school that meets the requirements to be eligible for feder al
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 i ncome of the student’s
parent(s) exceeds One Hundred Thousand Dollars ($100,00 0.00) 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 stu dent’s
parents for federal financ ial aid purposes,
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b. was in the permanent custody of the Department of
Human Services at the time the studen t enrolled in the
program, or
c. was in the court-ordered custody of a federally
recognized Indian tribe, as define d by the federal
Indian Child Welfare Act, at the time the student
enrolled in the program.
The provisions of this paragraph shall apply to a ny student who
has received an Oklaho ma 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 qua lification as set forth in
paragraphs 1, 2 and, 3, and 4 of this subsection if the income from
taxable and nontaxable sources of the student ’s parent(s) includes
income received from nontaxable m ilitary benefits or income received
from the federal Social S ecurity Administration due to th e 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
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financial qualificatio n 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 pri vate
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 H igher
Learning Access Program benefit award, the federal adjusted gross
income of the student’s parent(s) exceeds One Hundred Fifty Thousand
Dollars ($150,000.00) per year. The provision s of this paragraph
shall not apply to any student who has received a n 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 th e permanent custody of the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child-placing agency, or fede rally
recognized Indian tribe, as defined by the federal Indian Child
Welfare Act, shall not be found to be i n 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
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Oklahoma Higher Learning Access Program benefit a ward, the federal
adjusted gross income of th e student’s parent(s) exceeds Tw o 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 ben efit award prior to the
2012-2013 school year.
3. Except for students who qu alify pursuant to subsection B of
Section 2603 of this title, the determination of financial
qualification as set f orth 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 inde pendent of the student’s parent(s)
for federal financial aid purposes. A determination of financial
qualification shall not be required for the student who meets the
criteria set forth in this subsection at the time the stu dent
applies for participation i n the program. The provisions of thi s
paragraph shall not apply to any student who has received 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 State 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
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record of the student and a copy forwar ded to the Oklahoma State
Regents for Higher Education.
G. Agreements shall b e witnessed by the parent, custodial
parent, or guardian of the student, who shall further agree to:
1. Assist the student in achieving comp liance with the
agreements;
2. Confer, when requested to do so, with the school contact
person, other school perso nnel, and program mentors;
3. Provide information requested by the Oklahoma State Regents
for Higher Education or the State Board of Educati on; and
4. Assist the student in com pleting forms and reports required
for program participation, making applicati ons to institutions and
schools of higher learning, and filing a pplications for student
grants and scholarshi ps.
H. Students who are enrolle d in a school district located in
this state that serves students who reside in both this state and an
adjacent state pursuant to a contract as authorized in Section 5 -
117.1 of this title, are in the eleventh and twelfth gra des during
the 2006-2007 school year, and who were denied participati on in the
program shall be allowed to enter or reenter into participation in
the program by entering into agreements as set forth in subsectio ns
C and D of this section by June 1, 2008.
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I. The Oklahoma State Regents fo r 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 Educ ation shall
designate personnel to coordinate tracking of program records for
the years when students participatin g 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 E ducation and local organizations and
individuals participating in the program.
K. The school district where an Oklahoma Higher Learning Access
Program student is enrolled when the student begins participation i n
the program and any subsequent school distr ict where the student
enrolls shall forward information regarding par ticipation by the
student in the program to a school to which the student tran sfers
upon the request of the school for the records of the stud ent.
L. Students participating in the Oklaho ma Higher Learning
Access Program shall provide their Social Security number or their
student identification number used by their school to the Okl ahoma
State Regents for Higher Education. The Regents shall kee p the
numbers confidential and use them only for administrative purposes.
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
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/11/2022 - DO PASS, As Amended and Coauthored .