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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 639 By: Pugh, Stephens, Bullard and
Bergstrom of the Senate
and
Baker of the House
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, Chapter 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; 70 O.S. 2011, Section
2604, as amended by Section 3, Chapter 289, O.S.L.
2017 (70 O.S. Supp. 2020, Section 2604), which
relates to program awards; requiring repayment of
award if program is not completed within certain time
period; providing for deposit of repayments; allowing
consideration of hardship circumstances; amending 70
O.S. 2011, Section 2605, as last amended by Section
4, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 2605), which relates to student agreements;
adding reference to certain identified postsecondary
vocational-technical programs; directing the
Executive Director of the Oklahoma Department of
Commerce 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 within 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.
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AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"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, Chapter 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; amending 70 O.S. 2011,
Section 2604, as amended by Section 3, Chapter 289,
O.S.L. 2017 (70 O.S. Supp. 2020, Section 2604), which
relates to program awards; establishing time
limitation for certain courses; providing hardship
exception; amending 70 O.S. 2011, Section 2605, as
last amended by Section 4, Chapter 289, O.S.L. 2017
(70 O.S. Supp. 2020, Section 2605), which relates to
student agreements; adding reference to certain
identified postsecondary vocational -technical
programs; directing t he Executive Director of the
Oklahoma Department of Commerce 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 within certain time period; allowing
completion of program regardless of placement on
certain list; 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:
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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 amended to read as follows:
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 provide 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 program that would meet
the requirements to be eligible for federal student financial a id or
that has been identified as a critical occupation area pursuant to
Section 5 of this act and is offered by a technology center school
supervised by the State Board of Career and Technology Education,
and who are in good academic standing in the insti tution or school
in which the student is enrolled, that will relieve the student of
the burden of paying nonguaranteed resident tuition at institutions
of The Oklahoma State System of Higher Education, paying tuition for
enrollment in postsecondary program s of the technology center
districts, or paying some portion of such fees or tuition, pursuant
to the provisions of the Oklahoma Higher Learning Access Act, as may
be required of enrollees at private institutions of higher education
which are accredited pu rsuant to Section 4103 of this title. The
further purpose of this program is to establish and maintain a
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variety of support services whereby a broader range of the general
student population of this state will be prepared for success in
postsecondary endeavors.
SECTION 2. AMENDATORY 70 O.S. 2011, Section 2603, as
last amended by Section 2, Chapter 289, O.S.L. 2017 (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 which includes payment of an
amount equivalent to resident tuition or other tuition pur suant 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 enrolled 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 citizen or lawfully present in the United
States. A student who is not a United States citizen 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
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was enrolled in the Oklahoma Higher Learning Access Program prior to
the end of the 2006-2007 school year;
3. Have a record of satisfactory compliance with agreements
executed pursuant to Section 2605 of this title;
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 cumulative grade point
average on a 4.0 scale for all work attempted in
grades nine through twelve 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 program that was
provided through a means other than a public or
private school and have achieved 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
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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 fine
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 all the core curriculum courses or
students who were educated by other means and were not offered all
the core curriculum courses shall be allowed to satisfy this
curriculum requirement by participating in a program approved by the
State Regents for remediation of high school curricular
deficiencies;
6. Have satisfied admission standards as determined 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 standards as
determined by the private institution. No student 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 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
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occupation area pursuant to Section 5 of this act , or a private
institution of higher learning located within this state and
accredited pursuant to Section 4103 of this title; and
8. a. have established financial need according to the
provisions of subsection D of Section 2605 of this
title and standards a nd provisions promulgated 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 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 Indian Child Welfare Act, have
established financial need according to the provisions
of paragraph 1 of subsection E of Section 2605 of this
title and standards and provisions promulgated by the
Oklahoma State Regents for Higher Education, or
c. if the student was adopted between thirteen (13) and
seventeen (17) years of age while in the 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 Indian Child Welfare
Act, have established financial need according to the
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provisions of paragraph 2 of subsection E of Section
2605 of this title and standards and provisions
promulgated by the Oklahoma State Regents for Higher
Education.
B. 1. A student shall be eligible to participate in the
Oklahoma Higher Learning Access Program and to 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 postsecondary enrollment if
the student meets all of the following 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 sustained while in the line of
duty in any branch of the United States Armed Forces
and the person who was killed or died filed an
individual or joint Oklahoma income tax return for the
tax year prior to the year during which the person was
killed or died,
b. is a resident of this state or is enrolled 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,
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c. enrolls in an institution within The Oklahoma State
System of Higher Education prior to reaching the a ge
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 appropriate type of
institution, or, if attending a private institution,
has satisfied admission standards as determined by the
private institution. No student participating in the
Oklahoma Higher Learning Access Program shall be
admitted into an institution of higher education by
special admission standards,
e. has secured admission to, and e nrolled 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 5 of this act , or a private institution of
higher learning located within this state and
accredited pursuant to Section 4103 of this title, and
f. executes an agreement pursuant t o 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 shall not be required to meet the
eligibility requirements set forth in subsection A of this section.
C. To retain eligib ility while pursuing the program of higher
learning in which enrolled, the student shall:
1. Meet the requirements for retention and degree completion as
established by the institution 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 academic progress as required for
eligibility for federal Title IV student financial aid programs.
The provisions of th is paragraph shall become effective for the
2012-2013 school year;
4. Comply with the standards related to maintenance of
eligibility as promulgated by the Oklahoma State Regents for Higher
Education; and
5. Refrain from conduct that leads to expulsion o r suspension
of more than one semester from an institution of higher education.
A student who violates the provisions of this paragraph shall
permanently lose eligibility for program benefits. The provisions
of this paragraph shall become effective Janua ry 1, 2008.
D. The Oklahoma State Regents for Higher Education and the
State Board of Career and Technology Education shall promulgate
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rules relating to maintenance of eligibility 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 Learning Access students pursuant to the
Oklahoma Higher Learning Access Act shall be the first students
eligible for benefits from the Oklahoma Higher Learning Access Trust
Fund.
F. The Oklahoma State Regents for Higher Education are
authorized to study, develop and propose criteria for determining
award eligibility based upon the completion of seven semesters of
high school coursework by a student.
SECTION 3. AMENDATORY 70 O.S. 2011, Section 2604, as
amended by Section 3, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 2604), is amended to read as follows:
Section 2604. A. Subject to the availability of funds, an
amount equivalent to the nonguaranteed resident tuition for which an
eligible Oklahoma Higher Learning Access Program student is
obligated at an institution of The Oklahoma State System of Higher
Education shall be awarded by allo cation from the Oklahoma Higher
Learning Access Trust Fund.
B. Subject to the availability of funds, for each eligible
Oklahoma Higher Learning Access Program student enrolled at a
private institution of higher learning located within this state and
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accredited pursuant to Section 4103 of this title, the Oklahoma
State Regents for Higher Education shall award from the Oklahoma
Higher Learning Access Trust Fund an amount equivalent to the amount
of resident tuition for which the student would be eligible if the
student were enrolled in a comparable program at a comparable
institution of The Oklahoma State System of Higher Education.
Comparability shall be determined by the State Regents.
C. Subject to the availability of funds, an amount equivalent
to the tuition for any eligible Oklahoma Higher Learning Access
Program student enrolled in a public postsecondary vocational -
technical program or course for the purpose set forth in Section
2602 of this title shall be awarded by allocation from the Oklahoma
Higher Learning Access Trust Fund. Provided, such allocation shall
not exceed the amount a student would have received for comparable
enrollment at a two-year institution within The Oklahoma State
System of Higher Education.
D. 1. An Except as provided for i n paragraph 2 of this
subsection, an award allowed by this section shall not be allowed
for courses or other postsecondary units taken in excess of the
requirements for completion of a baccalaureate program or taken more
than five (5) years after the stude nt’s first semester of
postsecondary enrollment. The Oklahoma State Regents for Higher
Education may award the Oklahoma Higher Learning Access Program
benefits for courses of postsecondary units taken more than five (5)
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years after the student’s first sem ester of postsecondary enrollment
only in hardship circumstances; provided, however, no Oklahoma
Higher Learning Access Program participant may receive benefits
beyond a cumulative time period of five (5) years.
2. Beginning with students who entered into participation in
the program in the 2021 -2022 school year, an award allowed by this
section shall not be allowed for courses or other postsecondary
units taken in excess of the requirements for completion of a
baccalaureate program or a postsecondary voca tional-technical
program taken more than six (6) years after the student’s first
semester of postsecondary enrollment. The Oklahoma State Regents
for Higher Education may award the Oklahoma Higher Learning Access
Program benefits for courses of postsecond ary units taken more than
six (6) years after the student’s first semester of postsecondary
enrollment only in hardship circumstances; provided, however, no
Oklahoma Higher Learning Access Program participant may receive
benefits beyond a cumulative time p eriod of six (6) years.
3. The Oklahoma State Regents for Higher Education may award
the Oklahoma Higher Learning Access Program benefits for a student’s
first semester or other academic unit of postsecondary enrollment
taken more than three (3) years aft er the student graduates from
high school or completes an educational program equivalent to high
school graduation as authorized in subsection A of Section 2603 of
this title or after the student turns twenty -one (21) years of age
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as authorized in subsecti on B of Section 2603 of this title if the
student is a member of the Armed Forces of the United States, the
Reserve Corps of the Armed Forces of the United States, or the
Oklahoma National Guard, and is ordered to active duty or active
duty for special wor k or training and due to the duty commitment the
student is unable to enroll prior to the end of the three -year
period or before the student reaches twenty -one (21) years of age.
The period shall be extended by the length of the term of duty.
3. 4. The Oklahoma State Regents for Higher Education shall
establish a maximum limit on the number of courses or other
postsecondary units to which Oklahoma Higher Learning Access Program
benefits will apply.
E. Benefits awarded under the Oklahoma Higher Learning A ccess
Program shall be awarded to all eligible applicants without any
limitation on the number of awards in any year other than the amount
of funds available for the program and the number of eligible
applicants. Subject to the provisions of subsection F of this
section, if funds are not sufficient to provide awards for all
eligible applicants, the Oklahoma State Regents for Higher Education
shall make awards on the basis of need. Provided, the Oklahoma
State Regents for Higher Education shall take into c onsideration
other grants and scholarships received by an eligible applicant when
making awards.
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F. The Oklahoma State Regents for Higher Education may, at the
time an award is made on behalf of an Oklahoma Higher Learning
Access Program student, set asid e in the Oklahoma Higher Learning
Access Trust Fund funds for the full commitment made to such Higher
Learning Access Program student. For all academic years, students
who have previously received awards under the provisions of the
Oklahoma Higher Learnin g Access Act, Section 2601 et seq. of this
title, and who have continued at all times to fulfill the
requirements for eligibility to receive awards provided pursuant to
this program shall be given an absolute priority for continued
financial support by the Oklahoma Higher Learning Access Program
superior to any students who are applying for such benefits for the
first time.
G. Beginning with the 2018 -2019 academic year, an award allowed
by this section shall not include an amount for payment of remedial
noncredit-earning courses taken by an eligible Oklahoma Higher
Learning Access Program student.
SECTION 4. AMENDATORY 70 O.S. 2011, Section 2605, as
last amended by Section 4, Chapter 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 means and are in the equivalent
of the fifth through ni nth grade shall be apprised, together with
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the parent, custodial parent, or guardian of the student, of the
opportunity for access to higher learning under the 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 awareness program to be utilized in making
students and parents aware of the Oklahoma Higher Learning Access
Program.
B. On a form provided by the Oklahoma State Regents for Higher
Education, every public school district 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 wh o 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 section or who meet the
eligibility qualification set forth 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 promulgated by the Oklah oma State Regents
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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 thirteen (13) and
fifteen (15), for students who are ed ucated 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 regularly and
do homework regularly,
b. refrain from substan ce 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 Oklahoma State
Regents for Higher Education or the Sta te 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 given 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 determined
by the Oklahoma State Regents for Higher Education.
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3. The contact person shall maintain 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 Education, and
the contact person shall monitor compliance of the student 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 wi th 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 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) pe r
year;
2. Beginning with eighth -, ninth- or tenth-grade students who
are enrolled in a public or private school or students between the
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ages of thirteen (13) and fifteen (15) who are educated by other
means who apply for participation in the program in t he 2017-2018
school year, the federal adjusted gross income of the student’s
parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
3. Beginning with eighth -, ninth- or tenth-grade students who
are enrolled in a public or private school or s tudents 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 the student’s
parent(s) exceeds Sixty Thousand 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 the student’s
parent(s) exceeds One Hundred Thousand Do llars ($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 enrolled in an institution
which is a member of The Okla homa 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 5 of this act, or a private
institution of higher learning located within this state and
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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.
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 financial aid purposes,
b. was in the permanent custody 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 Learning Access Program benefit
award after the 2017 -2018 school year;
6. The Oklahoma State Regents 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 taxable
and nontaxable sources of the student’s parent(s) in cludes income
received from nontaxable military benefits or income received from
the federal Social Security Administration due to the death or
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disability of the student’s parent(s). If the income from taxable
and nontaxable sources of the student’s paren t(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 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 permanent custod y 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 Indian Child Welfare Act, shall not
be found to be in financial need f or purposes of the Oklahoma Higher
Learning Access Program if 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 the student’s parent (s) exceeds One Hundred Fifty Thousand
Dollars ($150,000.00) 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.
2. A student who was adopted between thirteen (13) and
seventeen (17) years of age while in the permanent custody of the
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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 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 Higher Learning Access Program benefit award, the federal
adjusted gross income of the 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 financial
qualification as set forth 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 independent of the student’s parent(s)
for federal financial aid purposes. A determination of financial
qualification shall not be required fo r the student who meets the
criteria set forth in this subsection at the time the student
applies for participation in the program. 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
2008-2009 school year.
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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
record of the student and a copy forwarded to the Oklahoma State
Regents for Higher Education.
G. Agreements shall be witnessed by the paren t, 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 contact
person, other school personnel, and program mentor s;
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 institutions and
schools of higher learning, and filing applications for student
grants and scholarships.
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 pursuant to a contrac t as authorized in Section 5 -
117.1 of this title, are in the eleventh and twelfth grades during
the 2006-2007 school year, and who were denied participation in the
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program shall be allowed to enter or reenter into participation in
the program by entering i nto agreements as set forth in subsections
C and D of this section by June 1, 2008.
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 coordinate 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 schools, and provide liaison
with the State Board of Education 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 in
the program and any subsequent school district where the student
enrolls shall forward information regarding participation by the
student in the program to a school to which the student transfers
upon the request of the school for the records of the student.
L. Students participating in the Oklahoma Higher Learning
Access Program shall provide their Social Security number or their
student identification number used 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.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2607 of Title 70, unless th ere
is created a duplication in numbering, reads as follows:
A. The Executive Director of the Oklahoma Department 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 critical occupation areas that meet
the guidelines of the identified core competencies of the state
based on wealth generation, growth potential and competitive
advantage.
B. The Oklahoma State Regents for Higher Education, i n
consultation with the State Board of Career and Technology
Education, shall identify postsecondary vocational -technical
programs that correlate to critical occu pation 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 six
(6) 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 postsecondary
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vocational-technical program that has been identified as a critical
occupation area pursuant to this section may complete prescribed
coursework for program completion regardless of whether the program
is included on the most current list published by the Exec utive
Director of the Department of Commerce as long as program completion
is achieved within six (6) years of the student’s enrollment.
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 6. This act shall become effective July 1, 2021.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is he reby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. "
Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 639 By: Pugh, Stephens, Bullard and
Bergstrom of the Senate
and
Baker of the House
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, Chapter 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; 70 O.S. 2011, Section
2604, as amended by Section 3, Chapter 289, O.S.L.
2017 (70 O.S. Supp. 2020, Section 2604), which
relates to program awards; requiring repayment of
award if program is not completed within certain time
period; providing for deposit of repayments; allowing
consideration of hardship circumstances; amending 70
O.S. 2011, Section 2605, as last amended by Section
4, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 2605), which relates to student agreements;
adding reference to certain identified postsecondary
vocational-technical programs; directing the
Executive Director of the Oklahoma Department of
Commerce 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 within 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.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 8. 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 amended to read as follows:
Section 2602. There is hereby created the Oklahoma Higher
Learning Access Program. The pro gram shall also be known as
“Oklahoma’s Promise”. The purpose of the program is to provide 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 ba ccalaureate degree or who are pursuing
studies in a postsecondary career technology program 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 5 of this act and is offered by a technology center school
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 enrolled, that will relieve the student of
the burden of paying nonguaranteed resident tuition 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 Higher 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
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further purpose of this program is to esta blish 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.
SECTION 9. AMENDATORY 70 O.S. 2011, Section 2603, as
last amended by Section 2, Chapter 289, O.S.L. 2017 (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 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 postsecondary enrollment, a student shall:
1. Be a resident of this state or be enrolled 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 citizen or lawfully present in the United
States. A student who is not a United States citizen 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
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was enrolled in the Oklahoma Higher Learning Access Program prior to
the end of the 2006-2007 school year;
3. Have a record of satisfactory compliance with agreements
executed pursuant to Section 2605 of this title;
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 cumulative grade point
average on a 4.0 scale for all work attempted in
grades nine through twelve 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 program that was
provided through a means other than a public or
private school and have achieved 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
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meets college admission requirements. The curriculum requirements
shall include two units or sets of competencies in forei gn or non-
English language or technology courses that meet the college
admission requirements and one unit or set of competencies of a fine
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 all the core curriculum courses or
students who were educated by other means and were not offered all
the core curriculum courses shall be allowed to satisfy this
curriculum requirement by participating in a p rogram approved by the
State Regents for remediation of high school curricular
deficiencies;
6. Have satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education for first -time-entering
students for the appropriate type o f institution, or, if attending a
private institution, have satisfied admission standards as
determined by the private institution. No student participating in
the Oklahoma Higher Learning Access Program shall be admitted into
an institution of higher edu cation by special admission standards;
7. Have 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
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occupation area pursuant to Section 5 of this act, or a private
institution of higher learning located within this state and
accredited pursuant to Section 4103 of this title; and
8. a. have established financial need according to the
provisions of subsection D of Section 2605 of this
title and standards and provisions promulgated 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 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 Indian Child Welfare Act, have
established financial need according to the provisions
of paragraph 1 of subsection E of Section 2605 of this
title and standards and provisions promulgated by the
Oklahoma State Regents for Higher Educat ion, or
c. if the student was adopted between thirteen (13) and
seventeen (17) years of age while in the 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 Indian Child Welfare
Act, have established financial need according to the
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provisions of paragraph 2 of subsection E of Section
2605 of this title and standards and provisions
promulgated by the Oklahoma S tate Regents for Higher
Education.
B. 1. A student shall be eligible to participate in the
Oklahoma Higher Learning Access Program and to 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 postsecondary enrollment if
the student meets all of the following criteria:
a. is a child of any person killed after January 1, 2000,
in the line of duty in any branch of the Uni ted States
Armed Forces or who died after January 1, 2000, as a
result of an injury sustained while in the line of
duty in any branch of the United States Armed Forces
and the person who was killed or died filed an
individual or joint Oklahoma income tax r eturn for the
tax year prior to the year during which the person was
killed or died,
b. is a resident of this state or is enrolled 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,
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c. enrolls in an institution within The Oklahoma State
System of Higher Education 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 appropriate type of
institution, or, if attending a private institution,
has satisfied admission standards as determined by the
private institution. No student participating in t he
Oklahoma Higher Learning Access Program shall be
admitted into an institution of higher 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 Educa tion, 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 5 of this act, or a private institution 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 participat e in the program
pursuant to this subsection shall 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 requirements for retention and degree completion as
established by the institution in which the student is enrolled;
2. Maintain good academic standing and satisfactory academic
progress according to standards of the Oklahoma State Regents f or
Higher Education;
3. Maintain satisfactory academic progress as required for
eligibility for federal Title IV student financial aid programs.
The provisions of this paragraph shall become effective for the
2012-2013 school year;
4. Comply with the st andards related to maintenance of
eligibility as promulgated by the Oklahoma State Regents for Higher
Education; and
5. Refrain from conduct that leads to expulsion or suspension
of more than one semester from an institution of higher education.
A student who violates the provisions of this paragraph shall
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 Education shall promulgate
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rules relating to maintenance of eligibility 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 Learning Access students pursuant to the
Oklahoma Higher Learning Access Act shall be the first students
eligible for benefits from the Oklahoma Higher Learning Access Trust
Fund.
F. The Oklahoma State Regent s for Higher Education are
authorized to study, develop and propose criteria for determining
award eligibility based upon the completion of seven semesters of
high school coursework by a student.
SECTION 10. AMENDATORY 70 O.S. 2011 , Section 2604, as
amended by Section 3, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 2604), is amended to read as follows:
Section 2604. A. Subject to the availability of funds, an
amount equivalent to the nonguaranteed resident tuition for whi ch an
eligible Oklahoma Higher Learning Access Program student is
obligated at an institution of The Oklahoma State System of Higher
Education shall be awarded by allocation from the Oklahoma Higher
Learning Access Trust Fund.
B. Subject to the availabili ty of funds, for each eligible
Oklahoma Higher Learning Access Program student enrolled at a
private institution of higher learning located within this state and
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accredited pursuant to Section 4103 of this title, the Oklahoma
State Regents for Higher Educa tion shall award from the Oklahoma
Higher Learning Access Trust Fund an amount equivalent to the amount
of resident tuition for which the student would be eligible if the
student were enrolled in a comparable program at a comparable
institution of The Okla homa State System of Higher Education.
Comparability shall be determined by the State Regents.
C. Subject to the availability of funds, an amount equivalent
to the tuition for any eligible Oklahoma Higher Learning Access
Program student enrolled in a pub lic postsecondary vocational -
technical program or course for the purpose set forth in Section
2602 of this title shall be awarded by allocation from the Oklahoma
Higher Learning Access Trust Fund. Provided, such allocation shall
not exceed the amount a st udent would have received for comparable
enrollment at a two-year institution within The Oklahoma State
System of Higher Education.
D. 1. An Except as provided for in paragraph 2 of this
subsection, an award allowed by this section shall not be allowed
for courses or other postsecondary units taken in excess of the
requirements for completion of a baccalaureate program or taken more
than five (5) years after the student’s first semester of
postsecondary enrollment. The Oklahoma State Regents for Higher
Education may award the Oklahoma Higher Learning Access Program
benefits for courses of postsecondary units taken more than five (5)
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years after the student’s first semester of postsecondary enrollment
only in hardship circumstances; provided, however, no O klahoma
Higher Learning Access Program participant may receive benefits
beyond a cumulative time period of five (5) years.
2. Beginning with students who entered into participation in
the program in the 2021 -2022 school year, an award allowed by this
section shall not be allowed for courses or other postsecondary
units taken in excess of the requirements for completion of a
baccalaureate program or a postsecondary vocational -technical
program taken more than six (6) years after the student’s first
semester of postsecondary enrollment. The Oklahoma State Regents
for Higher Education may award the Oklahoma Higher Learning Access
Program benefits for courses of postsecondary units taken more than
six (6) years after the student’s first semester of postseconda ry
enrollment only in hardship circumstances; provided, however, no
Oklahoma Higher Learning Access Program participant may receive
benefits beyond a cumulative time period of six (6) years.
3. The Oklahoma State Regents for Higher Education may award
the Oklahoma Higher Learning Access Program benefits for a student’s
first semester or other academic unit of postsecondary enrollment
taken more than three (3) years after the student graduates from
high school or completes an educational program equivalent to high
school graduation as authorized in subsection A of Section 2603 of
this title or after the student turns twenty -one (21) years of age
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as authorized in subsection B of Section 2603 of this title if the
student is a member of the Armed Forces of the United States, the
Reserve Corps of the Armed Forces of the United States, or the
Oklahoma National Guard, and is ordered to active duty or active
duty for special work or training and due to the duty commitment the
student is unable to enroll prior to the end of the three-year
period or before the student reaches twenty -one (21) years of age.
The period shall be extended by the length of the term of duty.
3. 4. The Oklahoma State Regents for Higher Education shall
establish a maximum limit on the number of courses or other
postsecondary units to which Oklahoma Higher Learning Access Program
benefits will apply.
E. Benefits awarded under the Oklahoma Higher Learning Access
Program shall be awarded to all eligible applicants without any
limitation on the number of awards in any year other than the amount
of funds available for the program and the number of eligible
applicants. Subject to the provisions of subsection F of this
section, if funds are not sufficient to provide awards for all
eligible applicants, the Oklahoma State Regents for Higher Education
shall make awards on the basis of need. Provided, the Oklahoma
State Regents for Higher Education shall take into consideration
other grants and scholarships received by an eligible applicant when
making awards.
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F. The Oklahoma State Regents for Higher Education may, at the
time an award is made on behalf of an Oklahoma Higher Learning
Access Program student, set aside in the Oklahoma Higher Learning
Access Trust Fund funds for the full commitment made to such Higher
Learning Access Program student. For all academic years, students
who have previously received awards under the provisions of the
Oklahoma Higher Learning Access Act, Section 2601 et seq. of this
title, and who have continued at all times to fulfill the
requirements for eligibility to receive awards provided pursuant to
this program shall be given an absolute priority for continued
financial support by the Oklahoma Higher Learning Access Program
superior to any students who are applying for su ch benefits for the
first time.
G. Beginning with the 2018 -2019 academic year, an award allowed
by this section shall not include an amount for payment of remedial
noncredit-earning courses taken by an eligible Oklahoma Higher
Learning Access Program stud ent.
H. 1. If a student who entered into participation in the
program beginning in the 2021 -2022 school year does not complete the
courses or other postsecondary units required for a baccalaureate
program or a postsecondary vocational -technical program within six
(6) years after the student’s first semester of postsecondary
enrollment as provided for in subsection D of this section, the
student shall be required to repay the full amount of the award
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provided pursuant to this section. The student shall en ter into a
repayment agreement with the institution of higher education or the
technology center school in which the student was enrolled.
Repayments shall be deposited into the Oklahoma Higher Learning
Access Trust Fund.
2. In determining the repayment amount, the institution of
higher education or technology center school in which the student
was enrolled may consider hardship circumstances on a case -by-case
basis.
SECTION 11. AMENDATORY 70 O.S. 2011, Section 2605, as
last amended by Section 4, Chapter 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 means and are in the equivalent
of the fifth through ninth grade shall be apprised, together 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. The Oklahoma State Regents for Higher
Education and the State Board of Education shall develop, promote,
and coordinate a public awareness program to be utilized in making
students and parents aware of the Oklahoma Higher Learning Access
Program.
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B. On a form provided by the Oklahoma State Regents for Higher
Education, every public school district shall designate at least one
Oklahoma Higher Learning Access Program contact person, who shall be
a counselor or teacher, at each public schoo l 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 des ignate 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 section or who meet the
eligibility qualification set forth 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 promulgated 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 be tween the ages of thirteen (13) and
fifteen (15), 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:
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a. attend school or an educati onal program regularly 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 Oklahoma State
Regents for Higher Education 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 Sect ion 2603 of
this title after completing the tenth grade or after reaching the
age of sixteen (16) shall be given the opportunity prior to reaching
the age of twenty-one (21) to enter into participation in the
program and shall execute an agreement with pro visions as determined
by the Oklahoma State Regents for Higher Education.
3. The contact person shall maintain the agreements, which
shall be executed on forms provided by the Oklahoma State Regents
for Higher Education and managed according to regulation s
promulgated by the Oklahoma State Regents for Higher Education, and
the contact person shall monitor compliance of the student with the
terms of the agreement. The Oklahoma State Regents for Higher
Education are authorized to process student agreements and verify
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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 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 ar e educated by other
means who apply for participation in the program in the 2017 -2018
school year, the federal adjusted gross income of the student’s
parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
3. 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
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means who apply for participation in the program in the 2021 -2022
school year, the federal adjuste d gross income of the student’s
parent(s) exceeds Sixty Thousand 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 adjuste d gross income of the student’s
parent(s) exceeds One Hundred 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 whic h the student is 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 5 of this act, or a private
institution of higher learning located 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.
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 inco me of the parent(s), if a student:
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a. is determined to be independent of the student’s
parents for federal financial aid purposes,
b. was in the permanent custody 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 Okla homa Higher Learning Access Program benefit
award after the 2017 -2018 school year;
6. The Oklahoma State Regents 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 taxable
and nontaxable sources of the student’s parent(s) includes 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). 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 pa rent(s), does not exceed the
limitations set forth by paragraphs 1, 2 and 3 of this subsection,
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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 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 feder al 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 Higher
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 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.
2. A student who was adopted between thirteen (13) and
seventeen (17) years of age while in the 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 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
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Oklahoma Higher Learning Access Program benefit award, the federal
adjusted gross income of the 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 financial
qualification as set forth 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 independent of the student’s parent(s)
for federal financial aid purpo ses. 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 student
applies for participation in the program. The provisions of this
paragraph shall not apply t o 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 forwarded to the Oklahoma State
Regents for Higher Education.
G. Agreements shall be witnessed 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, w ith the school contact
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 req uired
for program participation, making applications to institutions and
schools of higher learning, and filing applications for student
grants and scholarships.
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 pursuant to a contract as authorized in Section 5 -
117.1 of this title, are in the eleventh and twelfth grades during
the 2006-2007 school year, and who were denied participation in the
program shall be allowed to enter or reenter into participation in
the program by entering into agreements as set forth in subsections
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 coordinate 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 schools, and provide liaison
with the State Board of Education 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 in
the program and any subsequent school district where the student
enrolls shall forward information regarding participation by the
student in the program to a school to which the student transfers
upon the request of the school for the records of the student.
L. Students participating in the Oklahoma Higher Learning
Access Program shall provide their Social Security number or their
student identification number used 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 12. 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 numbering, reads as follows:
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A. The Executive Director of the Oklahoma Department of
Commerce, in consultation with the Oklahoma State Regents for Hig her
Education, shall publish no later than October 1, 2021, and June 30
each subsequent year a list of critical occupation areas that meet
the guidelines of the identified core competencies of the state
based on wealth generation, growth potential and comp etitive
advantage.
B. The Oklahoma State Regents for Higher Education, in
consultation with the State Board of Career and Technology
Education, shall identify postsecondary vocational -technical
programs that correlate to critical occupation areas identifi ed 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 six
(6) years after the student ’s first semester of postsecondary
enrollment.
2. A student who receives an award pursuant to Section 260 4 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 may complete prescribed
coursework for program completion regardless of wheth er 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 six (6) years of the student ’s enrollment.
3. If a student does not complete the postsec ondary vocational-
technical program that has been identified as a critical occupation
area pursuant to this section within six (6) years, the student
shall be required to repay the full amount of the award provided
pursuant to this section. The student sh all enter into a repayment
agreement with the technology center school. Repayments shall be
deposited into the Oklahoma Higher Learning Access Trust Fund. In
determining the repayment amount, the technology center school may
consider hardship circumstanc es on a case-by-case basis.
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 13. This act shall become effective July 1, 2021.
SECTION 14. 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 and
be in full force from and after its passage and approval.
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Passed the Senate the 11th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives