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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 639 By: Pugh
AS INTRODUCED
An Act relating to the Oklahoma Higher Learning
Access Program; amending 70 O.S. 2011, Section 2602,
as amended by Section 1, Chapter 289, O.S.L. 2017 (70
O.S. Supp. 2020, Section 2602) , which relates to the
purpose of the program; allowing the program to
include certain identified postsecondary career
technology programs; amending 70 O.S. 2011, Section
2603, as last amended by Section 2, Cha pter 289,
O.S.L. 2017 (70 O.S. Supp. 2020, Section 2603) , which
relates to eligibility for the program; adding
reference to certain identified postsecondary
vocational-technical program; directing the Exec utive
Director of the Oklahoma Department of Commer ce in
certain consultation to publish certain list by
certain date; providing for identification of
postsecondary vocational -technical programs that
correlate to certain occupation areas; requiring
completion of certain program w ithin certain time
period; allowing completion of program regardless of
placement on certain list; requiring repayment of
award if program is not completed within certain time
period; providing for promulgation of rules;
providing for codification; 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. 2011, Section 2602, as
amended by Section 1, Chapter 289, O. S.L. 2017 (70 O.S. Supp. 2020,
Section 2602), is am ended to read as follows:
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Section 2602. There is hereby created the Oklahoma Higher
Learning Access Program. The program shall also be known as
“Oklahoma’s Promise”. The purpose of the program is to pro vide an
award to students who meet the criteria set forth in the Oklahoma
Higher Learning Access Act who are pursuing studies in this state
leading to an associate or baccalaureate degree or who are pursuing
studies in a postsecondary career technology pro gram that would meet
the requirements to be eligible for federal student financial aid or
that has been identified as a critical occupation area pursuant to
Section 4 of this act and is offered by a technology center s chool
supervised by the State Board of Career and Technology Education,
and who are in good academic standing in the institution or school
in which the student is enroll ed, that will relieve the student of
the burden of paying nonguaranteed resident tuitio n at institutions
of The Oklahoma State System of Higher Education, paying tuition for
enrollment in postsecondary programs of the technology center
districts, or paying some portion of such fees or tuition, pursuant
to the provisions of the Oklahoma Highe r Learning Access Act, as may
be required of enrollees at private institutions of higher education
which are accredited pursuant to Section 4103 of this title. The
further purpose of this program is to establish and maintain a
variety of support services whereby a broader range of the general
student population of this state will be prepared for success in
postsecondary endeavors.
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SECTION 2. AMENDATORY 70 O.S. 2011, Section 2603, as
last amended by Section 2, Chapter 289, O.S.L. 2 017 (70 O.S. Supp.
2020, Section 2603), is amended to read as follows:
Section 2603. A. Except as otherwise provided for in
subsection B of this section and elsewhere in this section, to be
eligible to participate in the Oklahoma Higher Learning Access
Program and to qualify for an award whi ch includes payment of an
amount equivalent to resi dent tuition or other tuition pursuant to
Section 2604 of this title for the first semester or other academic
unit of postsecondary enrollment, a student shall:
1. Be a resident of this state or be enroll ed 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;
2. Be a United States citiz en or lawfully present in the United
States. A student who is not a United States citize n or lawfully
present in the United States shall not be eligible to participate in
the Oklahoma Higher Learning Access Program and to qualify for an
award notwithstanding the provisions of Section 3242 of this title.
The provisions of this paragraph shall not apply to any student who
was enrolled in the Oklahoma Higher Learning Access Program prior to
the end of the 2006-2007 school year;
3. Have a record of satisfact ory compliance with agreements
executed pursuant to Section 2605 of this title;
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4. a. have graduated within the previous three (3) years
from a high school accredited by the State Board of
Education, or the Oklahoma School of Science and
Mathematics with a minimum 2.5 cumulative grade point
average on a 4.0 scale for all work attempted in
grades nine through twelve,
b. have graduated within the previous three (3) years
from a high school not accredited by the State Board
of Education with a minimum 2.5 cumu lative grade point
average on a 4.0 scale for all work attempted in
grades nine through t welve and have achieved a
composite score of 22 or higher on the ACT test, or
c. have satisfactorily completed within the previous
three (3) years an educational progr am that was
provided through a means o ther than a public or
private school and have achie ved a composite score of
22 or higher on the ACT test;
5. Have completed the curricular requirements for admission to
an institution within The Oklahoma State System of Higher Education
and one additional unit or set of competencies in a course that
meets college admission requirements. The curriculum requirements
shall include two units or sets of competencies in foreign or non -
English language or technology courses that meet the college
admission requirements and one unit or set of competencies of a fin e
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arts course. Students shall also have attained a 2.5 grade point
average in the core curriculum courses. Students who attended a
high school which did not offer al l the core curriculum courses or
students who were educated by other means and were not o ffered all
the core curriculum courses shall be allowed to satisfy this
curriculum requirement by participating in a program approved by the
State Regents for remediat ion of high school curricular
deficiencies;
6. Have satisfied admission standards as det ermined by the
Oklahoma State Regents for Higher Education for first -time-entering
students for the appropriate type of institution, or, if attending a
private institution, have satisfied admission standar ds as
determined by the private institution. No st udent participating in
the Oklahoma Higher Learning Access Program shall be admitted into
an institution of higher education by special admission standards;
7. Have secured admission to, and enrolled in, an institution
which is a member of The Oklahoma St ate System of Higher Education,
a postsecondary vocat ional-technical program offered by a technology
center school that meets the requirements to be eligible for feder al
student financial aid or that has been identified as a critical
occupation area pursuant to Section 4 of this act, or a private
institution of higher learning located within this state and
accredited pursuant to Section 4103 of this title; and
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8. a. have established financial need according to the
provisions of subsection D of Section 2605 of this
title and standards and provisions promulga ted by the
Oklahoma State Regents for Higher Education,
b. if the student was adopted between birth and twelve
(12) years of age while in the permanent cu stody of
the Department of Human Services, in the c ourt-ordered
custody of a licensed private nonprofi t child-placing
agency, or federally recognized Indian tribe, as
defined by the federal Indian Child Welfare Act, ha ve
established financial need accordin g to the provisions
of paragraph 1 of subsection E of Section 2605 of this
title and standards and pro visions promulgated by the
Oklahoma State Regents for Higher Education, or
c. if the student was adopted between thi rteen (13) and
seventeen (17) years of age while in the permanent
custody of the Departme nt of Human Services, in the
court-ordered custody of a licensed private nonprofit
child-placing agency, or federally recognized Indian
tribe, as defined by the federa l Indian Child Welfare
Act, have established financial need according to the
provisions of paragraph 2 of subsection E of Section
2605 of this title and standards and provisions
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promulgated by the Oklahoma State Regents for Higher
Education.
B. 1. A student shall be eligible to participate i n the
Oklahoma Higher Learning Access Program and t o qualify for an award
which includes payment of an amount equivalent to resident tuition
or other tuition pursuant to Section 2604 of this title for the
first semester or other academic unit of postsecond ary enrollment if
the student meets all of the foll owing criteria:
a. is a child of any person killed after January 1, 2000,
in the line of duty in any branch of the United States
Armed Forces or who died after January 1, 2000, as a
result of an injury sus tained while in the line of
duty in any branch of t he United States Armed Forces
and the person who wa s killed or died filed an
individual or joint Oklahoma income tax return for the
tax year prior to the year during w hich the person was
killed or died,
b. is a resident of this state or is enrolled in a sc hool
district located in this state that serves stu dents
who reside in both this state and an adjacent state
pursuant to a contract as authorized in Section 5 -
117.1 of this title,
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c. enrolls in an institut ion within The Oklahoma State
System of Higher Educ ation prior to reaching the age
of twenty-one (21),
d. has satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education for first -
time-entering students for the appropriat e type of
institution, or, if attending a private i nstitution,
has satisfied admission standards as de termined by the
private institution. No student participating in the
Oklahoma Higher Learning Access Program shall be
admitted into an institution of hig her education by
special admission standards,
e. has secured admission to, and enrolled in, an
institution which is a member of The Oklahoma State
System of Higher Education, a postsecondary
vocational-technical program offered by a technology
center school that meets the requirements to be
eligible for federal student financial aid or that has
been identified as a critical occupation area pursuant
to Section 4 of this act, or a private instituti on of
higher learning located within this state and
accredited pursuant to Section 4103 of this title, and
f. executes an agreement pursuant to subsection C of
Section 2605 of this title.
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2. A student who is eligible to participate in the program
pursuant to this subsection shal l not be required to meet the
eligibility requirements set forth in subsection A of this section.
C. To retain eligibility while pursuing the program of higher
learning in which enrolled, the student shall:
1. Meet the requirement s for retention and degr ee completion as
established by the in stitution in which the student is enrolled;
2. Maintain good academic standing and satisfactory academic
progress according to standards of the Oklahoma State Regents for
Higher Education;
3. Maintain satisfactory ac ademic progress as required for
eligibility for federal Title IV student financial aid pr ograms.
The provisions of this paragraph shall become effective for the
2012-2013 school year;
4. Comply with the standards related to mainte nance of
eligibility as promulgated by the Oklahoma State Rege nts for Higher
Education; and
5. Refrain from cond uct that leads to expulsion or suspension
of more than one semester from an institution of higher education.
A student who violates the provis ions of this paragraph s hall
permanently lose eligibility for program benefits. The provisions
of this paragraph shall become effective January 1, 2008.
D. The Oklahoma State Regents for Higher Education and the
State Board of Career and Technology Educa tion shall promulgate
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rules relating to maintenance of eligibi lity under the Oklahoma
Higher Learning Access Act by a student.
E. It is the intent of the Legislature that students in the
ninth grade for the 1992 -93 school year who are determined to be
eligible Oklahoma Higher Le arning Access students pursuant to the
Oklahoma Higher Learning Access Act shall be the f irst students
eligible for benefits from the Oklahoma Higher Learning Access Trust
Fund.
F. The Oklahoma State Regents for Higher Education ar e
authorized to study, d evelop and propose criteria for determ ining
award eligibility based upon the completion o f seven semesters of
high school coursework by a student.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 2605, as
last amended by Section 4, Cha pter 289, O.S.L. 2017 (70 O.S. Supp.
2020, Section 2605), is amended to read as follows:
Section 2605. A. Each school year, every fifth - through ninth-
grade student in the public and private schools of this state and
students who are educated by other me ans and are in the equivalent
of the fifth through ninth grade shall be apprised, togethe r with
the parent, custodial parent, or guardian of the student, of the
opportunity for access to higher learning under the Oklahoma Higher
Learning Access Program. T he Oklahoma State Regents for Higher
Education and the State Board of Education shall dev elop, promote,
and coordinate a public awareness program to be utilized in making
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students and parents aware of the Oklahoma Higher Learning Access
Program.
B. On a form provided by the Oklahoma State Reg ents for Higher
Education, every public school dist rict shall designate at least one
Oklahoma Higher Learning Access Program contact person, who shall be
a counselor or teacher, at each public school site in this state in
which eighth-, ninth- or tenth-grade classes are taught. When
requested by the State Regents, the State Board of Education shall
assist the State Regents to ensure the designation of contact
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 approved by the
State Regents shall be designated the contact person.
C. 1. Students who qualify on the basis of financial need
according to subsection D or E of this sect ion or who meet the
eligibility qualification set f orth in subparagraph a of paragraph 1
of subsection B of Section 2603 of this title prior to entering the
tenth grade or prior to reaching the age of fifteen (15) and the
standards and provisions promulgat ed by the Oklahoma State Regents
for Higher Education shall be given the opportunity throughout the
eighth-, ninth-, and tenth-grade years, for students enrolled in a
public or private school, or between the ages of th irteen (13) and
fifteen (15), for stud ents who are educated by other means, to enter
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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 regular ly and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinquent acts,
d. have school work and school records reviewed by
mentors designated pursuant to the program,
e. provide information requested by the O klahoma State
Regents for Higher Educa tion or the State Board of
Education, and
f. participate in program activities.
2. Students who meet the eligibility qualification set forth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of
this title after completing the tenth grade or after reaching the
age of sixteen (16) shall be gi ven the opportunity prior to reaching
the age of twenty-one (21) to enter into participation in the
program and shall execute an agreement with provisions as determine d
by the Oklahoma State Regents for Hi gher Education.
3. The contact person shall mainta in the agreements, which
shall be executed on forms provided by the Oklahoma State Regents
for Higher Education and managed according to regulations
promulgated by the Oklahoma State Regents for Higher Edu cation, and
the contact person shall monitor compli ance of the student with the
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terms of the agreement. The Oklahoma State Regents for Higher
Education are authorized to process student agreements and verify
compliance with the agreements. Students faili ng 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 f ound 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, o r between the ages of
thirteen (13) and fifteen (15), for students who are educated 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 or students between the
ages of thirteen (13) and fifteen (15) who are educated by other
means who apply for participation in t he program in the 2017-2018
school year, the federa l adjusted gross income of the student ’s
parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
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3. Beginning with eighth -, ninth- or tenth-grade students who
are enrolled in a public or priv ate school or 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 2021 -2022
school year, the federal adjusted gross income of t he student’s
parent(s) exceeds Sixty Th ousand Dollars ($60,000.00) per year;
4. At the time the student begins postsecondary education and
prior to receiving any Oklahoma Higher Learning Access Program
benefit award, the federal adjusted gross income of t he student’s
parent(s) exceeds One Hund red Thousand Dollars ($100,000.00) per
year; and
5. Beginning with the 2018 -2019 academic year, prior to
receiving any Oklahoma Higher Learning Access Program benefit award
for any year during which the student is en rolled in an institution
which is a member of The Oklahoma State System of Higher Educatio n,
a postsecondary vocational -technical program offered by a technology
center school that meets the requirements to be eligible for federal
student financial aid or that has been identified as a critical
occupation area pursuant to Section 4 of this act, or a private
institution of higher learning loca ted within this state and
accredited pursuant to Section 4103 of this title, the federal
adjusted gross income of the student’s parent(s) exceeds One Hundred
Thousand Dollars ($100,000.00) per year.
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The determination of financial qualification as set forth in
paragraphs 4 and 5 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 student ’s
parents for federal fi nancial aid purposes,
b. was in the permanent cu stody of the Department of
Human Services at the time the student enrolled in the
program, or
c. was in the court-ordered custody of a federally
recognized Indian tribe, as defined by the federal
Indian Child Welfare Act, at the time the student
enrolled in the program.
The provisions of this paragraph shall apply to any student who
has received an Oklahoma Higher Learnin g Access Program benefit
award after the 2017-2018 school year;
6. The Oklahoma State Reg ents for Higher Education shall review
the determination of financial qualification as set forth in
paragraphs 1, 2 and 3 of this subsection if the income from taxabl e
and nontaxable sources of the student ’s parent(s) includes income
received from nontaxab le military benefits or income received from
the federal Social Security Administration due to the 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
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the federal Social Security Administration due to the death or
disability of the student ’s parent(s), does not e xceed the
limitations set forth by para graphs 1, 2 and 3 of this subsection,
the student shall be determined to have met the financial
qualification set forth in paragraphs 1, 2 and 3 of this subsection.
E. 1. A student who was adopted between birth and twelve (12)
years of age while in the p ermanent custody of the Department of
Human Services, in the court-ordered custody of a licensed pr ivate
nonprofit child-placing agency, or federally recognized Indian
tribe, as defined by the federal Indian Child Wel fare Act, shall not
be found to be in financial need for purposes of the Oklahoma Higher
Learning Access Program if at the time the studen t begins
postsecondary education and prior to receiving any Oklahoma Higher
Learning Access Program benefit award, the federal adjusted gross
income of the student’s parent(s) exceeds One Hundred Fifty Thousa nd
Dollars ($150,000.00) per year. The provisio ns of this paragraph
shall not apply to any student who has received an Oklahoma Higher
Learning Access Program benefi t 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 t he permanent custody of the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child-placing agency, or federally
recognized Indian tribe, as defined by the federal Ind ian Child
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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 postse condary education and prior to receivin g any
Oklahoma Higher Learning Access Program benef it award, the federal
adjusted gross income of t he student’s parent(s) exceeds Two 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 benefit award prior to the
2012-2013 school year.
3. Except for students who qualify pursuant to subsection B of
Section 2603 of this title, the determination of fi nancial
qualification as set forth in t his subsection shall be based on the
income of the student, not the income of the parent(s), if the
student is determined to be independent of the student ’s parent(s)
for federal financial aid purposes. A determinati on of financial
qualification shall not be required for the student who meets the
criteria set forth in this subsection at the time the st udent
applies for participation in the program. The provisions of this
paragraph shall not apply to any student who h as received an
Oklahoma Higher Learning Access Program benefit award prior to the
2008-2009 school year.
F. The financial qualification o f a student as set forth in
subsections D and E of this section shall be certified by the
contact person or by the Okl ahoma State Regents for Higher Educatio n
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on the agreement form provided by the Oklahoma St ate Regents for
Higher Education. The form shal l be retained in the permanent
record of the student and a copy forwarded to the Oklahoma State
Regents for Higher Edu cation.
G. Agreements shall be witness ed by the parent, custodial
parent, or guardian of the student, who shall further agree to:
1. Assist the student in achieving compliance with the
agreements;
2. Confer, when requested to do so, with the school cont act
person, other school personnel, and program mentors;
3. Provide information requested by the Oklahoma State Regents
for Higher Education or the State Board of Education; and
4. Assist the student in completing forms and reports required
for program participation, making applications to in stitutions and
schools of higher learning, and fili ng applications for student
grants and scholarsh ips.
H. Students who are enrolled in a school district located in
this state that serves students who reside in both this state and an
adjacent state pursua nt to a contract as authorized in Section 5 -
117.1 of this title, are in the eleventh and twelfth gr ades during
the 2006-2007 school year, and who were denied participation in the
program shall be allowed to enter or r eenter into participation in
the program by entering into agreements as set forth in subse ctions
C and D of this section by June 1, 2008.
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I. The Oklahoma State Regents for 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 Education shall
designate personnel to coordinat e tracking of program records for
the years when students participating in the program are still in
the schools or are being educated by other means, provide staff
development for contact persons in the schoo ls, and provide liaison
with the State Board of Education and local organizations and
individuals participating in the program.
K. The school district where an Oklah oma Higher Learning Access
Program student is enrolled when the student begins participati on in
the program and any subsequent school dist rict where the student
enrolls shall forward information regarding participation by the
student in the program to a sc hool to which the student transfers
upon the request of the school for the records of the student.
L. Students participating in the Oklah oma Higher Learning
Access Program shall provide their Social Security number or their
student identification number u sed by their school to the Oklahoma
State Regents for Higher Education. The Regents shall keep the
numbers confidential and use them only for administrative purposes.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
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A. The Executive Director of the Oklahoma Departmen t of
Commerce, in consultation with the Oklahoma State Regents for Higher
Education, shall publish no later than October 1, 2021 , and June 30
each subsequent year a list of critic al occupation areas that meet
the guidelines of the identified core compet encies of the state
based on wealth generation, growth potential and competitive
advantage.
B. The State Regents for Higher Educat ion, in consultation with
the State Board of Career and Technology Education, shall identify
postsecondary vocational -technical programs that correlate to
critical occupation areas identified by the executive director
pursuant to this section.
C. 1. Beginning with the 2022-2023 academic year, a student
who receives an award pursuant to Section 2604 of Title 70 of the
Oklahoma Statutes and enrolls in a postsecondary vocational -
technical program that has been identified as a critical occupation
area pursuant to this section shall complete the program within five
(5) years after the student ’s first semester of postsecondary
enrollment.
2. A student who receives an award pursuant to Section 2604 of
Title 70 of the Oklahoma Statutes and enrolls in a postsecond ary
vocational-technical program that has been iden tified as a critical
occupation area pursuant to this section may complete prescribed
coursework for program completion regardless of whether the program
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is included on the most current list published by the Executive
Director of the Department of Commerce as long as program completion
is achieved within five (5) years of the student ’s enrollment.
3. If a student does not complete the postsecondary vocational -
technical program that has been identified as a critical occupation
area pursuant to this section within five (5) years, the student
shall be required to repay the full amount of the award provided
pursuant to this section. The Oklahoma State Regents for Higher
Education shall enter into a repayment agreement with the student.
Loan repayments shall b e deposited into the Oklahoma Higher Learning
Access Trust Fund.
D. The State Regents for Higher Education and the State Board
of Career and Technology Education may promulgate rules to implement
the provisions of this section.
SECTION 5. This act shall become effective July 1, 2021.
SECTION 6. 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 effect and
be in full force from and after its passage and approval.
58-1-82 EB 1/21/2021 9:39:34 AM