OK
Oklahoma Senate Bill SB1673

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1673 Compare Versions

OldNewDifferences
11
22
3+ENGR. H. A. to ENGR. S. B. NO. 1673 Page 1 1
4+2
5+3
6+4
7+5
8+6
9+7
10+8
11+9
12+10
13+11
14+12
15+13
16+14
17+15
18+16
19+17
20+18
21+19
22+20
23+21
24+22
25+23
26+24
327
4-An Act
5-ENROLLED SENATE
6-BILL NO. 1673 By: Pugh of the Senate
28+ENGROSSED HOUSE AMENDME NTS
29+ TO
30+ENGROSSED SENATE BILL NO . 1673 By: Pugh of the Senate
731
832 and
933
10- Nollan, Fugate, and
11-Provenzano of the House
34+ Nollan of the House
35+
36+
1237
1338
1439
1540 An Act relating to the Oklahoma Higher Learning
1641 Access Program; amending 70 O.S. 2021, Section 2605 ,
1742 which relates to student agreements for the program;
1843 providing income qualification eligibility beginning
1944 in certain school year based on certain number of
2045 dependent children; updating references; providing an
2146 effective date; and declaring an emergency .
2247
2348
2449
25-SUBJECT: Oklahoma Higher Learning Access Program
50+
51+
52+AUTHOR: Add the following Hou se Coauthor: Fugate
53+
54+AMENDMENT NO. 1. Page 1, lines 6 through 9, s trike the title to
55+read:
56+
57+
58+"[ Oklahoma Higher Learning Access Program –
59+providing income qualification eligibility based on
60+certain number of dependent children – effective
61+date –
62+ emergency ]"
63+
64+AMENDMENT NO. 2. Page 1, line 12, strike the enacting clause
65+
66+
67+
68+ENGR. H. A. to ENGR. S. B. NO. 1673 Page 2 1
69+2
70+3
71+4
72+5
73+6
74+7
75+8
76+9
77+10
78+11
79+12
80+13
81+14
82+15
83+16
84+17
85+18
86+19
87+20
88+21
89+22
90+23
91+24
92+
93+Passed the House of Representatives the 19th day of April, 2022.
94+
95+
96+
97+
98+
99+Presiding Officer of the House of
100+ Representatives
101+
102+
103+Passed the Senate the ____ day of _______ ___, 2022.
104+
105+
106+
107+
108+
109+Presiding Officer of the Senate
110+
111+
112+ENGR. S. B. NO. 1673 Page 1 1
113+2
114+3
115+4
116+5
117+6
118+7
119+8
120+9
121+10
122+11
123+12
124+13
125+14
126+15
127+16
128+17
129+18
130+19
131+20
132+21
133+22
134+23
135+24
136+
137+ENGROSSED SENATE
138+BILL NO. 1673 By: Pugh of the Senate
139+
140+ and
141+
142+ Nollan of the House
143+
144+
145+
146+
147+An Act relating to the Oklahoma Higher Learning
148+Access Program; amending 70 O.S. 2021, Section 2605 ,
149+which relates to student agreement s for the program;
150+providing income qualification eligibility beginning
151+in certain school year based on certain number of
152+dependent children; updating references; providing an
153+effective date; and declaring an emergency .
154+
155+
156+
157+
26158
27159 BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
28-
29160 SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, is
30161 amended to read as follows:
31-
32162 Section 2605. A. Each school year, every fifth - through
33163 eleventh-grade student in the public and private schools of this
34164 state and students who are educated by other means and are in the
35165 equivalent of the fifth through eleventh grade shall be apprised,
36166 together with the parent, custodial parent , or guardian of the
37167 student, of the opportu nity for access to higher learnin g under the
38168 Oklahoma Higher Learning Access Program. The Oklahoma State Regents
39169 for Higher Education and the State Board of Education shall develop,
40170 promote, and coordinate a public awareness program to be utilized in
171+
172+ENGR. S. B. NO. 1673 Page 2 1
173+2
174+3
175+4
176+5
177+6
178+7
179+8
180+9
181+10
182+11
183+12
184+13
185+14
186+15
187+16
188+17
189+18
190+19
191+20
192+21
193+22
194+23
195+24
196+
41197 making students and parents aware of the Oklahoma Higher Learning
42198 Access Program.
43-
44199 B. On a form provided by the Oklahoma State Regen ts for Higher
45200 Education, every public school district shall designate at least one
46201 Oklahoma Higher Learning Access Program conta ct person, who shall be
47-
48-ENR. S. B. NO. 1673 Page 2
49202 a counselor or teacher, at each public school site in this state in
50203 which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
51204 When requested by the State Regents, the State Board of Education
52205 shall assist the State Regen ts to ensure the designation of c ontact
53206 persons. Private schools shall also designate at least one school
54207 official as a contact person. For students who are educated by
55208 other means, a parent or guardian or other person approved by the
56209 State Regents shall be designated the contact person .
57-
58210 C. 1. Students who qualify on the basis of financial need
59211 according to subsection D or E of this section or who meet the
60212 eligibility qualification set forth in subparagraph a of paragraph 1
61213 of subsection B of Section 26 03 of this title prior to enterin g the
62214 eleventh grade or prior to reaching the age of sixteen (16) and the
63215 standards and provisio ns promulgated by the Oklahoma State Regents
64216 for Higher Education shall be given the opportunity throughout the
65217 eighth-, ninth-, tenth-, and eleventh-grade years, for students
66218 enrolled in a public or private school, or between the ages of
67219 thirteen (13) and sixteen (16), for students who are educated by
68220 other means, to enter into participation in the program by agreeing
221+
222+ENGR. S. B. NO. 1673 Page 3 1
223+2
224+3
225+4
226+5
227+6
228+7
229+8
230+9
231+10
232+11
233+12
234+13
235+14
236+15
237+16
238+17
239+18
240+19
241+20
242+21
243+22
244+23
245+24
246+
69247 to, throughout the remainder of their school years or educational
70248 program:
71-
72249 a. attend school or an educational program regularly and
73250 do homework regularly,
74-
75251 b. refrain from substance abuse,
76-
77252 c. refrain from commission of crimes or delinquent acts,
78-
79253 d. have school work and school records reviewed by
80254 mentors designated pursuant to the program,
81-
82255 e. provide information requested by the Oklahoma State
83256 Regents for Higher Education or the State Board of
84257 Education, and
85-
86258 f. participate in program activities.
87-
88259 2. Students who meet th e eligibility qualification set f orth in
89260 subparagraph a of paragraph 1 of subsection B of Section 2603 of
90261 this title after complet ing the eleventh grade or after reaching the
91-
92-ENR. S. B. NO. 1673 Page 3
93262 age of seventeen (17) shall be given the opportunity prior to
94263 reaching the age of twenty-one (21) to enter into pa rticipation in
95264 the program and shall execute an agreement with provisions as
96265 determined by the Ok lahoma State Regents for Higher Education.
97-
98266 3. The contact person shall maintain the agreements, which
99267 shall be executed on fo rms provided by the Oklahoma Stat e Regents
100268 for Higher Education and managed according to regulations
101269 promulgated by the Oklahoma S tate Regents for Higher Education, and
102270 the contact person shall monitor compliance of the student with the
271+
272+ENGR. S. B. NO. 1673 Page 4 1
273+2
274+3
275+4
276+5
277+6
278+7
279+8
280+9
281+10
282+11
283+12
284+13
285+14
286+15
287+16
288+17
289+18
290+19
291+20
292+21
293+22
294+23
295+24
296+
103297 terms of the agreement. The Oklahoma State Regents for Higher
104298 Education are authorized to process student agreements and verify
105299 compliance with the agreements. Students failing to comply with the
106300 terms of the agreement shall not be eligible for the awards provided
107301 in Section 2604 of this title.
108-
109302 D. Except as otherwise provided for in subsection E of this
110303 section and except for students who qualify pu rsuant to subsection B
111304 of Section 2603 of this title, a student shall not be found to be in
112305 financial need for purposes of the Oklahoma Higher Learning Access
113306 Program if:
114-
115307 1. At the time the student applies for participation in the
116308 program during the eight h, ninth, or tenth grade for students
117309 enrolled in a public or private school, or between the ages of
118310 thirteen (13) and fifteen (15), for students who are educa ted by
119311 other means, the income from taxable and nontaxable sources of the
120312 student’s parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
121313 year;
122-
123314 2. Beginning with eighth -, ninth-, or tenth-grade students who
124315 are enrolled in a public or private school o r students between the
125316 ages of thirteen (13) and fifteen (15) who are educated by other
126317 means who apply for participation in the program in the 2017 -2018
127318 school year, the federal adjusted gross income of the student ’s
128319 parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
129320
321+ENGR. S. B. NO. 1673 Page 5 1
322+2
323+3
324+4
325+5
326+6
327+7
328+8
329+9
330+10
331+11
332+12
333+13
334+14
335+15
336+16
337+17
338+18
339+19
340+20
341+21
342+22
343+23
344+24
345+
130346 3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
131347 students who are enrolled in a public or private school or students
132348 between the ages of thirteen (13) and sixteen (16) who are edu cated
133349 by other means who apply fo r participation in the program in the
134350 2021-2022 school year, the federal adjusted gross income of th e
135-
136-ENR. S. B. NO. 1673 Page 4
137351 student’s parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
138352 year;
139-
140353 4. Beginning with eighth -, ninth-, tenth-, or eleventh-grade
141354 students who are enrolled in a public or private school or students
142355 between the ages of thirteen (13) and sixteen (16) who are educated
143356 by other means who apply for participati on in the program in the
144357 2022-2023 school year:
145-
146358 a. the federal adjusted gross income of the stu dent’s
147359 parent(s), who have two or fewer dependent children,
148360 exceeds Sixty Thousand Dollars ($ 60,000.00) per year,
149-
150361 b. the federal adjusted gross income of the student’s
151362 parent(s), who have three or four dependent children,
152363 exceeds Seventy Thousand Dollars ($70,000.00) per
153364 year, or
154-
155365 c. the federal adjusted gross income of the student’s
156366 parent(s), who have five or more dependent children,
157367 exceeds Eighty Thousand Dollars ($80,000 .00) per year;
158-
159368 5. At the time the student begins post secondary education and
160369 prior to receiving any Oklahoma Higher Learning Access Program
370+
371+ENGR. S. B. NO. 1673 Page 6 1
372+2
373+3
374+4
375+5
376+6
377+7
378+8
379+9
380+10
381+11
382+12
383+13
384+14
385+15
386+16
387+17
388+18
389+19
390+20
391+21
392+22
393+23
394+24
395+
161396 benefit award, the federal adjusted gross income of th e student’s
162397 parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
163398 year; and
164-
165399 5. 6. Beginning with the 20 18-2019 academic year, prior to
166400 receiving any Oklahoma Higher Learning Access Program benefit award
167401 for any year during which the student is enr olled in an institution
168402 which is a member of The Oklahoma State System of Higher Education,
169403 a postsecondary voca tional-technical program offered by a technology
170404 center school that meets the requirements to be eligible for federal
171405 student financial aid or a private institution of higher learning
172406 located within this state and accredited pursuant to Section 4103 of
173407 this title, the federal adjusted gross i ncome of the student’s
174408 parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
175409 year.
176-
177410 The determination of financial qualification as set forth in
178411 paragraphs 4 5 and 5 6 of this subsection shall be based on the
179-
180-ENR. S. B. NO. 1673 Page 5
181412 income of the student, not the income of the parent(s), if a
182413 student:
183-
184414 a. is determined to be independent of the student ’s
185415 parents for federal financ ial aid purposes,
186-
187416 b. was in the permanent custody of the Department of
188417 Human Services at the time the studen t enrolled in the
189418 program, or
419+
420+ENGR. S. B. NO. 1673 Page 7 1
421+2
422+3
423+4
424+5
425+6
426+7
427+8
428+9
429+10
430+11
431+12
432+13
433+14
434+15
435+16
436+17
437+18
438+19
439+20
440+21
441+22
442+23
443+24
190444
191445 c. was in the court-ordered custody of a federally
192446 recognized Indian tribe, as defined by the federal
193447 Indian Child Welfare Act, at the time the student
194448 enrolled in the program.
195-
196449 The provisions of this paragraph shall apply to a ny student who
197450 has received an Oklaho ma Higher Learning Access Program benefit
198451 award after the 2017 -2018 school year; and
199-
200452 6. 7. The Oklahoma State Regents for Higher Education shall
201453 review the determination of financial qualification as set forth in
202454 paragraphs 1, 2 and, 3, and 4 of this subsection if the income from
203455 taxable and nontaxable sources of the student ’s parent(s) includes
204456 income received from nontaxable m ilitary benefits or income received
205457 from the federal Social Security Administration due to th e death or
206458 disability of the student ’s parent(s). If the income from taxable
207459 and nontaxable sources of the student ’s parent(s), excluding income
208460 received from nontaxable military benefits or income received from
209461 the federal Social Security Administration due to the death or
210462 disability of the student’s parent(s), does not exceed the
211463 limitations set forth by paragraphs 1, 2 and, 3, and 4 of this
212464 subsection, the student shall be determined to have met the
213465 financial qualification set forth in paragraphs 1, 2 and, 3, and 4
214466 of this subsection.
215-
216467 E. 1. A student who was adopted between birth and twelve (12)
217468 years of age while in the permanent custody of the Department of
469+
470+ENGR. S. B. NO. 1673 Page 8 1
471+2
472+3
473+4
474+5
475+6
476+7
477+8
478+9
479+10
480+11
481+12
482+13
483+14
484+15
485+16
486+17
487+18
488+19
489+20
490+21
491+22
492+23
493+24
494+
218495 Human Services, in the court-ordered custody of a licensed private
219496 nonprofit child-placing agency, or federally recognized Indian
220497 tribe, as defined by the federal Indian Child Welfare Act, shall not
221498 be found to be in financial need for purposes of the Oklahoma Higher
222499 Learning Access Program if at the time the student begins
223-
224-ENR. S. B. NO. 1673 Page 6
225500 postsecondary education and prior to receiving any Oklahoma H igher
226501 Learning Access Program benefit award, the federal adjusted gross
227502 income of the student ’s parent(s) exceeds One Hundred Fifty Thousand
228503 Dollars ($150,000.00) per year. The provisions of this paragraph
229504 shall not apply to any student who has received a n Oklahoma Higher
230505 Learning Access Program benefit award prior to the 2012-2013 school
231506 year.
232-
233507 2. A student who was adopted between thirteen (13 ) and
234508 seventeen (17) years of age while in the permanent custody of the
235509 Department of Human Services, in the court -ordered custody of a
236510 licensed private nonprofit child-placing agency, or federally
237511 recognized Indian tribe, as defined by the federal Indian Child
238512 Welfare Act, shall not be found to be in financial need for purposes
239513 of the Oklahoma Higher Learning Access Program if at the time the
240514 student begins postsecondary education and prior to receiving any
241515 Oklahoma Higher Learning Access Program benefit a ward, the federal
242516 adjusted gross income of the student ’s parent(s) exceeds Tw o Hundred
243517 Thousand Dollars ($200,000. 00) per year. The provisions of this
244518 paragraph shall not apply to any student who has received an
519+
520+ENGR. S. B. NO. 1673 Page 9 1
521+2
522+3
523+4
524+5
525+6
526+7
527+8
528+9
529+10
530+11
531+12
532+13
533+14
534+15
535+16
536+17
537+18
538+19
539+20
540+21
541+22
542+23
543+24
544+
245545 Oklahoma Higher Learning Access Program ben efit award prior to the
246546 2012-2013 school year.
247-
248547 3. Except for students who qu alify pursuant to subsection B of
249548 Section 2603 of this title, the determination of financial
250549 qualification as set forth in this subsection shall be based on the
251550 income of the student, not the income of the parent(s), if the
252551 student is determined to be inde pendent of the student’s parent(s)
253552 for federal financial aid purposes. A determination of financial
254553 qualification shall not be required for the student who meets the
255554 criteria set forth in this subsection at the time the student
256555 applies for participation i n the program. The provisions of thi s
257556 paragraph shall not apply to any student who has received an
258557 Oklahoma Higher Learning Access Program benefit award prior to the
259558 2008-2009 school year.
260-
261559 F. The financial qualification of a student as set forth in
262560 subsections D and E of this section shall be certified by the
263561 contact person or by the Oklahoma State Regents for Higher Education
264562 on the agreement form provided by the Oklahoma State Regents for
265563 Higher Education. The form shall be retained in the permanent
266-
267-ENR. S. B. NO. 1673 Page 7
268564 record of the student and a copy forwar ded to the Oklahoma State
269565 Regents for Higher Education.
270-
271566 G. Agreements shall be witnessed by the parent, custodial
272567 parent, or guardian of the student, who shall further agree to:
273568
569+ENGR. S. B. NO. 1673 Page 10 1
570+2
571+3
572+4
573+5
574+6
575+7
576+8
577+9
578+10
579+11
580+12
581+13
582+14
583+15
584+16
585+17
586+18
587+19
588+20
589+21
590+22
591+23
592+24
593+
274594 1. Assist the student in achieving comp liance with the
275595 agreements;
276-
277596 2. Confer, when requested to do so, with the school contact
278597 person, other school personnel, and program mentors;
279-
280598 3. Provide information requested by the Oklahoma State Regents
281599 for Higher Education or the State Board of Educati on; and
282-
283600 4. Assist the student in com pleting forms and reports required
284601 for program participation, making applications to institutions and
285602 schools of higher learning, and filing a pplications for student
286603 grants and scholarships.
287-
288604 H. Students who are enrolle d in a school district located in
289605 this state that serves students who reside in both this state and an
290606 adjacent state pursuant to a contract as authorized in Section 5 -
291607 117.1 of this title, are in the eleventh and twelfth grades during
292608 the 2006-2007 school year, and who were denied participati on in the
293609 program shall be allowed to enter or reenter into participation in
294610 the program by entering into agreements as set forth in subsectio ns
295611 C and D of this section by June 1, 2008.
296-
297612 I. The Oklahoma State Regents fo r Higher Education shall
298613 promulgate rules for the determination of student compliance with
299614 agreements made pursuant to this section.
300-
301615 J. The Oklahoma State Regents for Higher Educ ation shall
302616 designate personnel to coordinate tracking of program records for
303617 the years when students participatin g in the program are still in
618+
619+ENGR. S. B. NO. 1673 Page 11 1
620+2
621+3
622+4
623+5
624+6
625+7
626+8
627+9
628+10
629+11
630+12
631+13
632+14
633+15
634+16
635+17
636+18
637+19
638+20
639+21
640+22
641+23
642+24
643+
304644 the schools or are being educated by other means, provide staff
305645 development for contact persons in the schools, and provide liaison
306646 with the State Board of Education and local organizations and
307647 individuals participating in the program.
308-
309-
310-ENR. S. B. NO. 1673 Page 8
311648 K. The school district where an Oklahoma Higher Learning Access
312649 Program student is enrolled when the student begins participation i n
313650 the program and any subsequent school district where the student
314651 enrolls shall forward information regarding par ticipation by the
315652 student in the program to a school to which the student transfers
316653 upon the request of the school for the records of the stud ent.
317-
318654 L. Students participating in the Oklahoma Higher Learning
319655 Access Program shall provide their Social Security number or their
320656 student identification number used by their school to the Oklahoma
321657 State Regents for Higher Education. The Regents shall kee p the
322658 numbers confidential and use them only for administrative purposes.
323-
324659 SECTION 2. This act shall become effective July 1, 2022.
325-
326660 SECTION 3. It being immediately necessary for the preservation
327661 of the public peace, health or safety, an emergency is hereby
328662 declared to exist, by reason whereof thi s act shall take effect and
329663 be in full force from and after its passage and approval.
330664
665+ENGR. S. B. NO. 1673 Page 12 1
666+2
667+3
668+4
669+5
670+6
671+7
672+8
673+9
674+10
675+11
676+12
677+13
678+14
679+15
680+16
681+17
682+18
683+19
684+20
685+21
686+22
687+23
688+24
331689
332-ENR. S. B. NO. 1673 Page 9
333-Passed the Senate the 19th day of May, 2022.
690+Passed the Senate the 22nd day of March, 2022.
334691
335692
336693
337694 Presiding Officer of the Senate
338695
339696
340-Passed the House of Representatives the 20th day of May, 2022.
697+Passed the House of Representatives the ____ day of __________,
698+2022.
341699
342700
343701
344702 Presiding Officer of the House
345703 of Representatives
346704
347-OFFICE OF THE GOVERNOR
348-Received by the Office of the Governor this _______ _____________
349-day of _________________ __, 20_______, at _______ o'clock _______ M.
350-By: _____________________ ____________
351-Approved by the Governo r of the State of Oklahoma this _____ ____
352-day of _________________ __, 20_______, at _______ o'clock _______ M.
353705
354- _________________________________
355- Governor of the State of Oklahoma
356-
357-
358-OFFICE OF THE SECRETARY OF STATE
359-Received by the Office of the Secretary of State this _______ ___
360-day of __________________, 20 _______, at _______ o'clock _______ M.
361-By: _______________________________ __