Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB639 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 639 By: Pugh, Stephens, Bullard,
7-Bergstrom and Jech of the
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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 639 By: Pugh, Stephens, Bullard and
31+Bergstrom of the Senate
932
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12- Baker and Dollens of the
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35+ Baker of the House
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1839 An Act relating to the Oklahoma Higher Learning
19-Access Program; amending Section 1, Chapter 297,
20-O.S.L. 2018 (70 O.S. Supp. 2020, Section 2606) , which
21-relates to return of awarded funds for cert ain
22-reason; directing the Oklahoma State Re gents for
23-Higher Education to administer certain survey to
24-certain students; directing the State Regents to
25-submit certain repor t by certain date; providing
26-contents of report; providing for codification ; and
27-providing an effective date .
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33-SUBJECT: Oklahoma Higher Learning Access Program
40+Access Program; amending 70 O.S. 2011, Section 2602,
41+as amended by Section 1, Chapter 289, O.S.L. 2017 (70
42+O.S. Supp. 2020, Section 2602), which relates to the
43+purpose of the program; allowing the program to
44+include certain identified postsecondary career
45+technology programs; amending 70 O.S. 2011, Section
46+2603, as last amended by Section 2, Chapter 289,
47+O.S.L. 2017 (70 O.S. Supp. 2020, Section 2603), which
48+relates to eligibility for the program; adding
49+reference to certain identified postsecondary
50+vocational-technical program; 70 O.S. 2011, Section
51+2604, as amended by Section 3, Chapter 289, O.S.L.
52+2017 (70 O.S. Supp. 2020, Section 2604), which
53+relates to program awards; requiring repayment of
54+award if program is not completed within certain time
55+period; providing for deposit of repayments; allowing
56+consideration of hardship circumstances; amending 70
57+O.S. 2011, Section 2605, as last amended by Section
58+4, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
59+Section 2605), which relates to student agreements;
60+adding reference to certain identified postsecondary
61+vocational-technical programs; directing the
62+Executive Director of the Oklahoma Department of
63+Commerce in certain consultation to publish certain
64+list by certain date; providing for identification of
65+postsecondary vocational -technical programs that
66+correlate to certain occupation areas; requiring
67+completion of certain program within certain time
68+period; allowing completion of program regardless of
69+placement on certain list; requiring repayment of
70+award if program is not completed within certain time
71+period; providing for promulgation of rules;
72+providing for codification; providing an effective
73+date; and declaring an emergency.
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101+AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
102+and replace with:
103+
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105+"An Act relating to the Oklahoma Higher Learning
106+Access Program; amending 70 O.S. 2011, Section 2602,
107+as amended by Section 1, Chapter 289, O.S.L. 2017 (70
108+O.S. Supp. 2020, Section 2602), which relates to the
109+purpose of the program; allowing the program to
110+include certain identified postsecondary career
111+technology programs; amending 70 O.S. 2011, Section
112+2603, as last amended by Section 2, Chapter 289,
113+O.S.L. 2017 (70 O.S. Supp. 2020, Section 2603), which
114+relates to eligibility for the program; adding
115+reference to certain identified postsecondary
116+vocational-technical program; amending 70 O.S. 2011,
117+Section 2604, as amended by Section 3, Chapter 289,
118+O.S.L. 2017 (70 O.S. Supp. 2020, Section 2604), which
119+relates to program awards; establishing time
120+limitation for certain courses; providing hardship
121+exception; amending 70 O.S. 2011, Section 2605, as
122+last amended by Section 4, Chapter 289, O.S.L. 2017
123+(70 O.S. Supp. 2020, Section 2605), which relates to
124+student agreements; adding reference to certain
125+identified postsecondary vocational -technical
126+programs; directing t he Executive Director of the
127+Oklahoma Department of Commerce in certain
128+consultation to publish certain list by certain date;
129+providing for identification of postsecondary
130+vocational-technical programs that correlate to
131+certain occupation areas; requiring completion of
132+certain program within certain time period; allowing
133+completion of program regardless of placement on
134+certain list; providing for promulgation of rules;
135+providing for codification; providing an effective
136+date; and declaring an emergency.
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34142
35143 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
36144
37-SECTION 1. AMENDATORY Section 1, Chapter 297, O.S. L.
38-2018 (70 O.S. Supp. 2020, Section 2606), is amended to read as
39-follows:
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41-Section 2606. A. If a student withdraws from a class in which
42-he or she has received an award from the Oklahoma Higher Learning
43-Access Program, the awarded funds shall be returne d to the Oklahoma
44-Higher Learning Access Program. The provisions of this subsection
45-shall only apply to awarded funds when a student withdraws prior to
46-
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48-the end of the add/drop period for the session in which the student
49-is enrolled.
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51-B. The Oklahoma State Regents for Higher Education shall
52-administer a survey to students who receive an Oklahoma Higher
53-Learning Access Program award and who withdraw from an institution
54-within The Oklahoma State System of Highe r Education, a private
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170+SECTION 1. AMENDATORY 70 O.S. 2011, Section 2602, as
171+amended by Section 1, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
172+Section 2602), is amended to read as follows:
173+Section 2602. There is hereby created the Oklahoma Higher
174+Learning Access Program. The program shall also be known as
175+“Oklahoma’s Promise”. The purpose of the program is to provide an
176+award to students who meet the criteria set forth in the Oklahoma
177+Higher Learning Access Act who are pursuing studies in this state
178+leading to an associate or baccalaureate degree or who are pursuing
179+studies in a postsecondary career technology program that would meet
180+the requirements to be eligible for federal student financial a id or
181+that has been identified as a critical occupation area pursuant to
182+Section 5 of this act and is offered by a technology center school
183+supervised by the State Board of Career and Technology Education,
184+and who are in good academic standing in the insti tution or school
185+in which the student is enrolled, that will relieve the student of
186+the burden of paying nonguaranteed resident tuition at institutions
187+of The Oklahoma State System of Higher Education, paying tuition for
188+enrollment in postsecondary program s of the technology center
189+districts, or paying some portion of such fees or tuition, pursuant
190+to the provisions of the Oklahoma Higher Learning Access Act, as may
191+be required of enrollees at private institutions of higher education
192+which are accredited pu rsuant to Section 4103 of this title. The
193+further purpose of this program is to establish and maintain a
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220+variety of support services whereby a broader range of the general
221+student population of this state will be prepared for success in
222+postsecondary endeavors.
223+SECTION 2. AMENDATORY 70 O.S. 2011, Section 2603, as
224+last amended by Section 2, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
225+2020, Section 2603), is amended to read as follows:
226+Section 2603. A. Except as otherwise provided for in
227+subsection B of this section and elsewhere in this section, to be
228+eligible to participate in the Oklahoma Higher Learning Access
229+Program and to qualify for an award which includes payment of an
230+amount equivalent to resident tuition or other tuition pur suant to
231+Section 2604 of this title for the first semester or other academic
232+unit of postsecondary enrollment, a student shall:
233+1. Be a resident of this state or be enrolled in a school
234+district located in this state that serves students who reside in
235+both this state and an adjacent state pursuant to a contract as
236+authorized in Section 5 -117.1 of this title;
237+2. Be a United States citizen or lawfully present in the United
238+States. A student who is not a United States citizen or lawfully
239+present in the United States shall not be eligible to participate in
240+the Oklahoma Higher Learning Access Program and to qualify for an
241+award notwithstanding the provisions of Section 3242 of this title.
242+The provisions of this paragraph shall not apply to any student who
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269+was enrolled in the Oklahoma Higher Learning Access Program prior to
270+the end of the 2006-2007 school year;
271+3. Have a record of satisfactory compliance with agreements
272+executed pursuant to Section 2605 of this title;
273+4. a. have graduated within the previous three (3) years
274+from a high school accredited by the State Board of
275+Education, or the Oklahoma School of Science and
276+Mathematics with a minimum 2.5 cumulative grade point
277+average on a 4.0 scale for all work attempted in
278+grades nine through twelve,
279+b. have graduated within the previous three (3) years
280+from a high school not accredited by the State Board
281+of Education with a minimum 2.5 cumulative grade point
282+average on a 4.0 scale for all work attempted in
283+grades nine through twelve and have achieved a
284+composite score of 22 or higher on the ACT test, or
285+c. have satisfactorily completed within the previous
286+three (3) years an educational program that was
287+provided through a means other than a public or
288+private school and have achieved a composite score of
289+22 or higher on the ACT test;
290+5. Have completed the curricular requirements for admission to
291+an institution within The Oklahoma State System of Higher Education
292+and one additional unit or set of competencies in a course that
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319+meets college admission requirements . The curriculum requirements
320+shall include two units or sets of competencies in foreign or non -
321+English language or technology courses that meet the college
322+admission requirements and one unit or set of competencies of a fine
323+arts course. Students shall also have attained a 2.5 grade point
324+average in the core curriculum courses. Students who attended a
325+high school which did not offer all the core curriculum courses or
326+students who were educated by other means and were not offered all
327+the core curriculum courses shall be allowed to satisfy this
328+curriculum requirement by participating in a program approved by the
329+State Regents for remediation of high school curricular
330+deficiencies;
331+6. Have satisfied admission standards as determined by the
332+Oklahoma State Regents for Higher Education for first -time-entering
333+students for the appropriate type of institution, or, if attending a
334+private institution, have satisfied admission standards as
335+determined by the private institution. No student participating in
336+the Oklahoma Higher Learning Access Program shall be admitted into
337+an institution of higher education by special admission standards;
338+7. Have secured admission to, and enrolled in, an institution
339+which is a member of The Oklahoma State System of Higher Education,
340+a postsecondary vocational -technical program offered by a technology
341+center school that meets the requirements to be eligible for federal
342+student financial aid or that has been identified as a critical
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369+occupation area pursuant to Section 5 of this act , or a private
55370 institution of higher learning located within this state and
56-accredited pursuant to Section 4103 of this title or a technology
57-center school before comp leting a degree or certificate program .
58-The survey shall gather information on the reasons for withdrawal,
59-the barriers to compl etion of a degree or certificate program and
60-the future plans of the students.
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62-C. The Oklahoma State Regents for Higher Educat ion shall
63-promulgate rules to implement the provisions of this section.
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65-SECTION 2. NEW LAW A new sectio n of law to be codified
371+accredited pursuant to Section 4103 of this title; and
372+8. a. have established financial need according to the
373+provisions of subsection D of Section 2605 of this
374+title and standards a nd provisions promulgated by the
375+Oklahoma State Regents for Higher Education,
376+b. if the student was adopted between birth and twelve
377+(12) years of age while in the permanent custody of
378+the Department of Human Services, in the court -ordered
379+custody of a licensed private nonprofit child -placing
380+agency, or federally recognized Indian tribe, as
381+defined by the federal Indian Child Welfare Act, have
382+established financial need according to the provisions
383+of paragraph 1 of subsection E of Section 2605 of this
384+title and standards and provisions promulgated by the
385+Oklahoma State Regents for Higher Education, or
386+c. if the student was adopted between thirteen (13) and
387+seventeen (17) years of age while in the permanent
388+custody of the Department of Human Services, in the
389+court-ordered custody of a licensed private nonprofit
390+child-placing agency, or federally recognized Indian
391+tribe, as defined by the federal Indian Child Welfare
392+Act, have established financial need according to the
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419+provisions of paragraph 2 of subsection E of Section
420+2605 of this title and standards and provisions
421+promulgated by the Oklahoma State Regents for Higher
422+Education.
423+B. 1. A student shall be eligible to participate in the
424+Oklahoma Higher Learning Access Program and to qualify for an award
425+which includes payment of an amount equivalent to resident tuition
426+or other tuition pursuant to Section 2604 of this title for the
427+first semester or other academic unit of postsecondary enrollment if
428+the student meets all of the following criteria:
429+a. is a child of any person killed after January 1, 2000,
430+in the line of duty in any branch of the United States
431+Armed Forces or who died after January 1, 2000, as a
432+result of an injury sustained while in the line of
433+duty in any branch of the United States Armed Forces
434+and the person who was killed or died filed an
435+individual or joint Oklahoma income tax return for the
436+tax year prior to the year during which the person was
437+killed or died,
438+b. is a resident of this state or is enrolled in a school
439+district located in this state that serves students
440+who reside in both this state and an adjacent state
441+pursuant to a contract as authorized in Section 5 -
442+117.1 of this title,
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469+c. enrolls in an institution within The Oklahoma State
470+System of Higher Education prior to reaching the a ge
471+of twenty-one (21),
472+d. has satisfied admission standards as determined by the
473+Oklahoma State Regents for Higher Education for first -
474+time-entering students for the appropriate type of
475+institution, or, if attending a private institution,
476+has satisfied admission standards as determined by the
477+private institution. No student participating in the
478+Oklahoma Higher Learning Access Program shall be
479+admitted into an institution of higher education by
480+special admission standards,
481+e. has secured admission to, and e nrolled in, an
482+institution which is a member of The Oklahoma State
483+System of Higher Education, a postsecondary
484+vocational-technical program offered by a technology
485+center school that meets the requirements to be
486+eligible for federal student financial aid or that has
487+been identified as a critical occupation area pursuant
488+to Section 5 of this act , or a private institution of
489+higher learning located within this state and
490+accredited pursuant to Section 4103 of this title, and
491+f. executes an agreement pursuant t o subsection C of
492+Section 2605 of this title.
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519+2. A student who is eligible to participate in the program
520+pursuant to this subsection shall not be required to meet the
521+eligibility requirements set forth in subsection A of this section.
522+C. To retain eligib ility while pursuing the program of higher
523+learning in which enrolled, the student shall:
524+1. Meet the requirements for retention and degree completion as
525+established by the institution in which the student is enrolled;
526+2. Maintain good academic standing and satisfactory academic
527+progress according to standards of the Oklahoma State Regents for
528+Higher Education;
529+3. Maintain satisfactory academic progress as required for
530+eligibility for federal Title IV student financial aid programs.
531+The provisions of th is paragraph shall become effective for the
532+2012-2013 school year;
533+4. Comply with the standards related to maintenance of
534+eligibility as promulgated by the Oklahoma State Regents for Higher
535+Education; and
536+5. Refrain from conduct that leads to expulsion o r suspension
537+of more than one semester from an institution of higher education.
538+A student who violates the provisions of this paragraph shall
539+permanently lose eligibility for program benefits. The provisions
540+of this paragraph shall become effective Janua ry 1, 2008.
541+D. The Oklahoma State Regents for Higher Education and the
542+State Board of Career and Technology Education shall promulgate
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569+rules relating to maintenance of eligibility under the Oklahoma
570+Higher Learning Access Act by a student.
571+E. It is the intent of the Legislature that students in the
572+ninth grade for the 1992 -93 school year who are determined to be
573+eligible Oklahoma Higher Learning Access students pursuant to the
574+Oklahoma Higher Learning Access Act shall be the first students
575+eligible for benefits from the Oklahoma Higher Learning Access Trust
576+Fund.
577+F. The Oklahoma State Regents for Higher Education are
578+authorized to study, develop and propose criteria for determining
579+award eligibility based upon the completion of seven semesters of
580+high school coursework by a student.
581+SECTION 3. AMENDATORY 70 O.S. 2011, Section 2604, as
582+amended by Section 3, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
583+Section 2604), is amended to read as follows:
584+Section 2604. A. Subject to the availability of funds, an
585+amount equivalent to the nonguaranteed resident tuition for which an
586+eligible Oklahoma Higher Learning Access Program student is
587+obligated at an institution of The Oklahoma State System of Higher
588+Education shall be awarded by allo cation from the Oklahoma Higher
589+Learning Access Trust Fund.
590+B. Subject to the availability of funds, for each eligible
591+Oklahoma Higher Learning Access Program student enrolled at a
592+private institution of higher learning located within this state and
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619+accredited pursuant to Section 4103 of this title, the Oklahoma
620+State Regents for Higher Education shall award from the Oklahoma
621+Higher Learning Access Trust Fund an amount equivalent to the amount
622+of resident tuition for which the student would be eligible if the
623+student were enrolled in a comparable program at a comparable
624+institution of The Oklahoma State System of Higher Education.
625+Comparability shall be determined by the State Regents.
626+C. Subject to the availability of funds, an amount equivalent
627+to the tuition for any eligible Oklahoma Higher Learning Access
628+Program student enrolled in a public postsecondary vocational -
629+technical program or course for the purpose set forth in Section
630+2602 of this title shall be awarded by allocation from the Oklahoma
631+Higher Learning Access Trust Fund. Provided, such allocation shall
632+not exceed the amount a student would have received for comparable
633+enrollment at a two-year institution within The Oklahoma State
634+System of Higher Education.
635+D. 1. An Except as provided for i n paragraph 2 of this
636+subsection, an award allowed by this section shall not be allowed
637+for courses or other postsecondary units taken in excess of the
638+requirements for completion of a baccalaureate program or taken more
639+than five (5) years after the stude nt’s first semester of
640+postsecondary enrollment. The Oklahoma State Regents for Higher
641+Education may award the Oklahoma Higher Learning Access Program
642+benefits for courses of postsecondary units taken more than five (5)
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669+years after the student’s first sem ester of postsecondary enrollment
670+only in hardship circumstances; provided, however, no Oklahoma
671+Higher Learning Access Program participant may receive benefits
672+beyond a cumulative time period of five (5) years.
673+2. Beginning with students who entered into participation in
674+the program in the 2021 -2022 school year, an award allowed by this
675+section shall not be allowed for courses or other postsecondary
676+units taken in excess of the requirements for completion of a
677+baccalaureate program or a postsecondary voca tional-technical
678+program taken more than six (6) years after the student’s first
679+semester of postsecondary enrollment. The Oklahoma State Regents
680+for Higher Education may award the Oklahoma Higher Learning Access
681+Program benefits for courses of postsecond ary units taken more than
682+six (6) years after the student’s first semester of postsecondary
683+enrollment only in hardship circumstances; provided, however, no
684+Oklahoma Higher Learning Access Program participant may receive
685+benefits beyond a cumulative time p eriod of six (6) years.
686+3. The Oklahoma State Regents for Higher Education may award
687+the Oklahoma Higher Learning Access Program benefits for a student’s
688+first semester or other academic unit of postsecondary enrollment
689+taken more than three (3) years aft er the student graduates from
690+high school or completes an educational program equivalent to high
691+school graduation as authorized in subsection A of Section 2603 of
692+this title or after the student turns twenty -one (21) years of age
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719+as authorized in subsecti on B of Section 2603 of this title if the
720+student is a member of the Armed Forces of the United States, the
721+Reserve Corps of the Armed Forces of the United States, or the
722+Oklahoma National Guard, and is ordered to active duty or active
723+duty for special wor k or training and due to the duty commitment the
724+student is unable to enroll prior to the end of the three -year
725+period or before the student reaches twenty -one (21) years of age.
726+The period shall be extended by the length of the term of duty.
727+3. 4. The Oklahoma State Regents for Higher Education shall
728+establish a maximum limit on the number of courses or other
729+postsecondary units to which Oklahoma Higher Learning Access Program
730+benefits will apply.
731+E. Benefits awarded under the Oklahoma Higher Learning A ccess
732+Program shall be awarded to all eligible applicants without any
733+limitation on the number of awards in any year other than the amount
734+of funds available for the program and the number of eligible
735+applicants. Subject to the provisions of subsection F of this
736+section, if funds are not sufficient to provide awards for all
737+eligible applicants, the Oklahoma State Regents for Higher Education
738+shall make awards on the basis of need. Provided, the Oklahoma
739+State Regents for Higher Education shall take into c onsideration
740+other grants and scholarships received by an eligible applicant when
741+making awards.
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768+F. The Oklahoma State Regents for Higher Education may, at the
769+time an award is made on behalf of an Oklahoma Higher Learning
770+Access Program student, set asid e in the Oklahoma Higher Learning
771+Access Trust Fund funds for the full commitment made to such Higher
772+Learning Access Program student. For all academic years, students
773+who have previously received awards under the provisions of the
774+Oklahoma Higher Learnin g Access Act, Section 2601 et seq. of this
775+title, and who have continued at all times to fulfill the
776+requirements for eligibility to receive awards provided pursuant to
777+this program shall be given an absolute priority for continued
778+financial support by the Oklahoma Higher Learning Access Program
779+superior to any students who are applying for such benefits for the
780+first time.
781+G. Beginning with the 2018 -2019 academic year, an award allowed
782+by this section shall not include an amount for payment of remedial
783+noncredit-earning courses taken by an eligible Oklahoma Higher
784+Learning Access Program student.
785+SECTION 4. AMENDATORY 70 O.S. 2011, Section 2605, as
786+last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
787+2020, Section 2605), is amended to read as follows:
788+Section 2605. A. Each school year, every fifth - through ninth-
789+grade student in the public and private schools of this state and
790+students who are educated by other means and are in the equivalent
791+of the fifth through ni nth grade shall be apprised, together with
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818+the parent, custodial parent, or guardian of the student, of the
819+opportunity for access to higher learning under the Oklahoma Higher
820+Learning Access Program. The Oklahoma State Regents for Higher
821+Education and the State Board of Education shall develop, promote,
822+and coordinate a public awareness program to be utilized in making
823+students and parents aware of the Oklahoma Higher Learning Access
824+Program.
825+B. On a form provided by the Oklahoma State Regents for Higher
826+Education, every public school district shall designate at least one
827+Oklahoma Higher Learning Access Program contact person, who shall be
828+a counselor or teacher, at each public school site in this state in
829+which eighth-, ninth- or tenth-grade classes are taught. When
830+requested by the State Regents, the State Board of Education shall
831+assist the State Regents to ensure the designation of contact
832+persons. Private schools shall also designate at least one school
833+official as a contact person. For students wh o are educated by
834+other means, a parent or guardian or other person approved by the
835+State Regents shall be designated the contact person.
836+C. 1. Students who qualify on the basis of financial need
837+according to subsection D or E of this section or who meet the
838+eligibility qualification set forth in subparagraph a of paragraph 1
839+of subsection B of Section 2603 of this title prior to entering the
840+tenth grade or prior to reaching the age of fifteen (15) and the
841+standards and provisions promulgated by the Oklah oma State Regents
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868+for Higher Education shall be given the opportunity throughout the
869+eighth-, ninth-, and tenth-grade years, for students enrolled in a
870+public or private school, or between the ages of thirteen (13) and
871+fifteen (15), for students who are ed ucated by other means, to enter
872+into participation in the program by agreeing to, throughout the
873+remainder of their school years or educational program:
874+a. attend school or an educational program regularly and
875+do homework regularly,
876+b. refrain from substan ce abuse,
877+c. refrain from commission of crimes or delinquent acts,
878+d. have school work and school records reviewed by
879+mentors designated pursuant to the program,
880+e. provide information requested by the Oklahoma State
881+Regents for Higher Education or the Sta te Board of
882+Education, and
883+f. participate in program activities.
884+2. Students who meet the eligibility qualification set forth in
885+subparagraph a of paragraph 1 of subsection B of Section 2603 of
886+this title after completing the tenth grade or after reaching the
887+age of sixteen (16) shall be given the opportunity prior to reaching
888+the age of twenty-one (21) to enter into participation in the
889+program and shall execute an agreement with provisions as determined
890+by the Oklahoma State Regents for Higher Education.
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917+3. The contact person shall maintain the agreements, which
918+shall be executed on forms provided by the Oklahoma State Regents
919+for Higher Education and managed according to regulations
920+promulgated by the Oklahoma State Regents for Higher Education, and
921+the contact person shall monitor compliance of the student with the
922+terms of the agreement. The Oklahoma State Regents for Higher
923+Education are authorized to process student agreements and verify
924+compliance with the agreements. Students failing to comply wi th the
925+terms of the agreement shall not be eligible for the awards provided
926+in Section 2604 of this title.
927+D. Except as otherwise provided for in subsection E of this
928+section and except for students who qualify pursuant to subsection B
929+of Section 2603 of this title, a student shall not be found to be in
930+financial need for purposes of the Oklahoma Higher Learning Access
931+Program if:
932+1. At the time the student applies for participation in the
933+program during the eighth, ninth or tenth grade for students
934+enrolled in a public or private school, or between the ages of
935+thirteen (13) and fifteen (15), for students who are educated by
936+other means, the income from taxable and nontaxable sources of the
937+student’s parent(s) exceeds Fifty Thousand Dollars ($50,000.00) pe r
938+year;
939+2. Beginning with eighth -, ninth- or tenth-grade students who
940+are enrolled in a public or private school or students between the
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967+ages of thirteen (13) and fifteen (15) who are educated by other
968+means who apply for participation in the program in t he 2017-2018
969+school year, the federal adjusted gross income of the student’s
970+parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
971+3. Beginning with eighth -, ninth- or tenth-grade students who
972+are enrolled in a public or private school or s tudents between the
973+ages of thirteen (13) and fifteen (15) who are educated by other
974+means who apply for participation in the program in the 2021 -2022
975+school year, the federal adjusted gross income of the student’s
976+parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;
977+4. At the time the student begins postsecondary education and
978+prior to receiving any Oklahoma Higher Learning Access Program
979+benefit award, the federal adjusted gross income of the student’s
980+parent(s) exceeds One Hundred Thousand Do llars ($100,000.00) per
981+year; and
982+5. Beginning with the 2018 -2019 academic year, prior to
983+receiving any Oklahoma Higher Learning Access Program benefit award
984+for any year during which the student is enrolled in an institution
985+which is a member of The Okla homa State System of Higher Education,
986+a postsecondary vocational -technical program offered by a technology
987+center school that meets the requirements to be eligible for federal
988+student financial aid or that has been identified as a critical
989+occupation area pursuant to Section 5 of this act, or a private
990+institution of higher learning located within this state and
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1017+accredited pursuant to Section 4103 of this title, the federal
1018+adjusted gross income of the student’s parent(s) exceeds One Hundred
1019+Thousand Dollars ($100,000.00) per year.
1020+The determination of financial qualification as set forth in
1021+paragraphs 4 and 5 of this subsection shall be based on the income
1022+of the student, not the income of the parent(s), if a student:
1023+a. is determined to be independent of the student’s
1024+parents for federal financial aid purposes,
1025+b. was in the permanent custody of the Department of
1026+Human Services at the time the student enrolled in the
1027+program, or
1028+c. was in the court-ordered custody of a federally
1029+recognized Indian tribe, as defined by the federal
1030+Indian Child Welfare Act, at the time the student
1031+enrolled in the program.
1032+The provisions of this paragraph shall apply to any student who
1033+has received an Oklahoma Higher Learning Access Program benefit
1034+award after the 2017 -2018 school year;
1035+6. The Oklahoma State Regents for Higher Education shall review
1036+the determination of financial qualification as set forth in
1037+paragraphs 1, 2 and 3 of this subsection if the income from taxable
1038+and nontaxable sources of the student’s parent(s) in cludes income
1039+received from nontaxable military benefits or income received from
1040+the federal Social Security Administration due to the death or
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1067+disability of the student’s parent(s). If the income from taxable
1068+and nontaxable sources of the student’s paren t(s), excluding income
1069+received from nontaxable military benefits or income received from
1070+the federal Social Security Administration due to the death or
1071+disability of the student’s parent(s), does not exceed the
1072+limitations set forth by paragraphs 1, 2 and 3 of this subsection,
1073+the student shall be determined to have met the financial
1074+qualification set forth in paragraphs 1, 2 and 3 of this subsection.
1075+E. 1. A student who was adopted between birth and twelve (12)
1076+years of age while in the permanent custod y of the Department of
1077+Human Services, in the court -ordered custody of a licensed private
1078+nonprofit child-placing agency, or federally recognized Indian
1079+tribe, as defined by the federal Indian Child Welfare Act, shall not
1080+be found to be in financial need f or purposes of the Oklahoma Higher
1081+Learning Access Program if at the time the student begins
1082+postsecondary education and prior to receiving any Oklahoma Higher
1083+Learning Access Program benefit award, the federal adjusted gross
1084+income of the student’s parent (s) exceeds One Hundred Fifty Thousand
1085+Dollars ($150,000.00) per year. The provisions of this paragraph
1086+shall not apply to any student who has received an Oklahoma Higher
1087+Learning Access Program benefit award prior to the 2012 -2013 school
1088+year.
1089+2. A student who was adopted between thirteen (13) and
1090+seventeen (17) years of age while in the permanent custody of the
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1117+Department of Human Services, in the court -ordered custody of a
1118+licensed private nonprofit child -placing agency, or federally
1119+recognized Indian tribe, as defined by the federal Indian Child
1120+Welfare Act, shall not be found to be in financial need for purposes
1121+of the Oklahoma Higher Learning Access Program if at the time the
1122+student begins postsecondary education and prior to receiving any
1123+Oklahoma Higher Learning Access Program benefit award, the federal
1124+adjusted gross income of the student’s parent(s) exceeds Two Hundred
1125+Thousand Dollars ($200,000.00) per year. The provisions of this
1126+paragraph shall not apply to any student who has received an
1127+Oklahoma Higher Learning Access Program benefit award prior to the
1128+2012-2013 school year.
1129+3. Except for students who qualify pursuant to subsection B of
1130+Section 2603 of this title, the determination of financial
1131+qualification as set forth in this subsection shall be based on the
1132+income of the student, not the income of the parent(s), if the
1133+student is determined to be independent of the student’s parent(s)
1134+for federal financial aid purposes. A determination of financial
1135+qualification shall not be required fo r the student who meets the
1136+criteria set forth in this subsection at the time the student
1137+applies for participation in the program. The provisions of this
1138+paragraph shall not apply to any student who has received an
1139+Oklahoma Higher Learning Access Program benefit award prior to the
1140+2008-2009 school year.
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1167+F. The financial qualification of a student as set forth in
1168+subsections D and E of this section shall be certified by the
1169+contact person or by the Oklahoma State Regents for Higher Education
1170+on the agreement form provided by the Oklahoma State Regents for
1171+Higher Education. The form shall be retained in the permanent
1172+record of the student and a copy forwarded to the Oklahoma State
1173+Regents for Higher Education.
1174+G. Agreements shall be witnessed by the paren t, custodial
1175+parent, or guardian of the student, who shall further agree to:
1176+1. Assist the student in achieving compliance with the
1177+agreements;
1178+2. Confer, when requested to do so, with the school contact
1179+person, other school personnel, and program mentor s;
1180+3. Provide information requested by the Oklahoma State Regents
1181+for Higher Education or the State Board of Education; and
1182+4. Assist the student in completing forms and reports required
1183+for program participation, making applications to institutions and
1184+schools of higher learning, and filing applications for student
1185+grants and scholarships.
1186+H. Students who are enrolled in a school district located in
1187+this state that serves students who reside in both this state and an
1188+adjacent state pursuant to a contrac t as authorized in Section 5 -
1189+117.1 of this title, are in the eleventh and twelfth grades during
1190+the 2006-2007 school year, and who were denied participation in the
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1217+program shall be allowed to enter or reenter into participation in
1218+the program by entering i nto agreements as set forth in subsections
1219+C and D of this section by June 1, 2008.
1220+I. The Oklahoma State Regents for Higher Education shall
1221+promulgate rules for the determination of student compliance with
1222+agreements made pursuant to this section.
1223+J. The Oklahoma State Regents for Higher Education shall
1224+designate personnel to coordinate tracking of program records for
1225+the years when students participating in the program are still in
1226+the schools or are being educated by other means, provide staff
1227+development for contact persons in the schools, and provide liaison
1228+with the State Board of Education and local organizations and
1229+individuals participating in the program.
1230+K. The school district where an Oklahoma Higher Learning Access
1231+Program student is enrolled when the student begins participation in
1232+the program and any subsequent school district where the student
1233+enrolls shall forward information regarding participation by the
1234+student in the program to a school to which the student transfers
1235+upon the request of the school for the records of the student.
1236+L. Students participating in the Oklahoma Higher Learning
1237+Access Program shall provide their Social Security number or their
1238+student identification number used by their school to the Oklahoma
1239+State Regents for Higher Education. The Regents shall keep the
1240+numbers confidential and use them only for administrative purposes.
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1267+SECTION 5. NEW LAW A new section of law to be codified
661268 in the Oklahoma Statutes as Section 2607 of Title 70, unless th ere
671269 is created a duplication in numbering, reads as follows:
68-
69-Beginning December 31, 2022, and each December 31 thereafter,
70-the Oklahoma State Regents for Higher Educati on shall submit to the
71-President Pro Tempore of the Senate and the Speaker of the House of
72-Representatives an annual report on the impact of the Oklahoma
73-Higher Learning Access Program, al so known as Oklahoma's Promise,
74-created pursuant to Sections 2 601 et seq. of Title 70 of the
75-Oklahoma Statutes. The r eport shall include:
76-
77-A. 1. Year-to-year cohort retention and five-year graduation
78-rates of all students enrolled in institutions within The Oklahoma
79-State System of Higher Education compared to the year-to-year cohort
80-retention and five-year graduation rates of students who receive
81-Oklahoma Higher Learning Access Program awards who are enrolled in
82-institutions within The Oklahoma State System of Higher Educa tion.
83-The data shall include the degree program s in which the stude nts are
84-enrolled.
85-
86-2. Year-to-year cohort retention and five-year graduation rates
87-of students who receive Oklahoma Higher Learning Access Program
88-awards who are enrolled in private institutions of higher learning
89-located within this state and accredited pursuant Section 4103 of
90-
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92-Title 70 of the Oklahoma Statutes. The data shall include the
93-degree programs in which the students are enrolled.
94-
95-3. Certificate attainment rates of all student s enrolled in
96-technology center school s compared to the certificate attainment
97-rates of students who receive Oklahoma Higher Learning Access
98-Program awards who are enrolled in techn ology center schools. The
99-data shall include the career area s in which the students are
100-enrolled.
101-
102-B. The financial impact and enrollment impact of the Oklahoma
103-Higher Learning Access Program on two -year and four-year
104-institutions within The Oklahoma Stat e System of Higher Education,
105-private institutions of higher learning loca ted within this state
106-and accredited pursuant Section 4103 of Title 70 of the Oklahoma
107-Statutes and technology center schoo ls.
108-
109-C. Data on Oklahoma Higher Learning Access Program participants
110-who graduate from an institution of higher education within The
111-Oklahoma State System of Higher Educati on or a private institution
112-of higher learning located within this state and accredited pursuant
113-Section 4103 of Title 70 of the Oklahoma Statu tes or who attain a
114-certificate from a technology center school , including:
115-
116-1. The number of participants who are residents of the state
117-one year after graduation or certificat e attainment; and
118-
119-2. The industry or career area in which the participant is
120-employed.
121-
122-D. Data from surveys completed pursuant to the provisions of
123-subsection B of Section 2606 of Title 70 of the Oklahoma Statutes.
124-
125-SECTION 3. This act shall become effective No vember 1, 2021.
126-
127-
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129-Passed the Senate the 24th day of May, 2021.
1270+A. The Executive Director of the Oklahoma Department of
1271+Commerce, in consultation with the Oklahoma State Regents for Higher
1272+Education, shall publish no later than October 1, 2021, and June 30
1273+each subsequent year a list of critical occupation areas that meet
1274+the guidelines of the identified core competencies of the state
1275+based on wealth generation, growth potential and competitive
1276+advantage.
1277+B. The Oklahoma State Regents for Higher Education, i n
1278+consultation with the State Board of Career and Technology
1279+Education, shall identify postsecondary vocational -technical
1280+programs that correlate to critical occu pation areas identified by
1281+the Executive Director pursuant to this section.
1282+C. 1. Beginning with the 2022-2023 academic year, a student
1283+who receives an award pursuant to Section 2604 of Title 70 of the
1284+Oklahoma Statutes and enrolls in a postsecondary vocational -
1285+technical program that has been identified as a critical occupation
1286+area pursuant to this section shall complete the program within six
1287+(6) years after the student’s first semester of postsecondary
1288+enrollment.
1289+2. A student who receives an award pursuant to Section 2604 of
1290+Title 70 of the Oklahoma Statutes and enrolls in a postsecondary
1291+
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1317+vocational-technical program that has been identified as a critical
1318+occupation area pursuant to this section may complete prescribed
1319+coursework for program completion regardless of whether the program
1320+is included on the most current list published by the Exec utive
1321+Director of the Department of Commerce as long as program completion
1322+is achieved within six (6) years of the student’s enrollment.
1323+D. The State Regents for Higher Education and the State Board
1324+of Career and Technology Education may promulgate rules to implement
1325+the provisions of this section.
1326+SECTION 6. This act shall become effective July 1, 2021.
1327+SECTION 7. It being immediately necessary for the preservation
1328+of the public peace, health or safety, an emergency is he reby
1329+declared to exist, by reason whereof this act shall take effect and
1330+be in full force from and after its passage and approval. "
1331+Passed the House of Representatives the 22nd day of April, 2021.
1332+
1333+
1334+
1335+
1336+
1337+Presiding Officer of the House of
1338+ Representatives
1339+
1340+
1341+Passed the Senate the ____ day of __________, 2021.
1342+
1343+
1301344
1311345
1321346
1331347 Presiding Officer of the Senate
1341348
135-
136-Passed the House of Repr esentatives the 25th day of May, 2021.
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1374+ENGROSSED SENATE
1375+BILL NO. 639 By: Pugh, Stephens, Bullard and
1376+Bergstrom of the Senate
1377+
1378+ and
1379+
1380+ Baker of the House
1381+
1382+
1383+
1384+An Act relating to the Oklahoma Higher Learning
1385+Access Program; amending 70 O.S. 2011, Section 2602,
1386+as amended by Section 1, Chapter 289, O.S.L. 2017 (70
1387+O.S. Supp. 2020, Section 2602), which relates to the
1388+purpose of the program; allowing the program to
1389+include certain identified postsecondary career
1390+technology programs; amending 70 O.S. 2011, Section
1391+2603, as last amended by Section 2, Chapter 289,
1392+O.S.L. 2017 (70 O.S. Supp. 2020, Section 2603), which
1393+relates to eligibility for the program; adding
1394+reference to certain identified postsecondary
1395+vocational-technical program; 70 O.S. 2011, Section
1396+2604, as amended by Section 3, Chapter 289, O.S.L.
1397+2017 (70 O.S. Supp. 2020, Section 2604), which
1398+relates to program awards; requiring repayment of
1399+award if program is not completed within certain time
1400+period; providing for deposit of repayments; allowing
1401+consideration of hardship circumstances; amending 70
1402+O.S. 2011, Section 2605, as last amended by Section
1403+4, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
1404+Section 2605), which relates to student agreements;
1405+adding reference to certain identified postsecondary
1406+vocational-technical programs; directing the
1407+Executive Director of the Oklahoma Department of
1408+Commerce in certain consultation to publish certain
1409+list by certain date; providing for identification of
1410+postsecondary vocational-technical programs that
1411+correlate to certain occupation areas; requiring
1412+completion of certain program within certain time
1413+period; allowing completion of program regardless of
1414+placement on certain list; requiring repayment of
1415+award if program is not completed within certain time
1416+period; providing for promulgation of rules;
1417+providing for codification; providing an effective
1418+date; and declaring an emergency.
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1447+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
1448+SECTION 8. AMENDATORY 70 O.S. 2011, Section 2602, as
1449+amended by Section 1, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
1450+Section 2602), is amended to read as follows:
1451+Section 2602. There is hereby created the Oklahoma Higher
1452+Learning Access Program. The pro gram shall also be known as
1453+“Oklahoma’s Promise”. The purpose of the program is to provide an
1454+award to students who meet the criteria set forth in the Oklahoma
1455+Higher Learning Access Act who are pursuing studies in this state
1456+leading to an associate or ba ccalaureate degree or who are pursuing
1457+studies in a postsecondary career technology program that would meet
1458+the requirements to be eligible for federal student financial aid or
1459+that has been identified as a critical occupation area pursuant to
1460+Section 5 of this act and is offered by a technology center school
1461+supervised by the State Board of Career and Technology Education,
1462+and who are in good academic standing in the institution or school
1463+in which the student is enrolled, that will relieve the student of
1464+the burden of paying nonguaranteed resident tuition at institutions
1465+of The Oklahoma State System of Higher Education, paying tuition for
1466+enrollment in postsecondary programs of the technology center
1467+districts, or paying some portion of such fees or tuition, pursuant
1468+to the provisions of the Oklahoma Higher Learning Access Act, as may
1469+be required of enrollees at private institutions of higher education
1470+which are accredited pursuant to Section 4103 of this title. The
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1497+further purpose of this program is to esta blish and maintain a
1498+variety of support services whereby a broader range of the general
1499+student population of this state will be prepared for success in
1500+postsecondary endeavors.
1501+SECTION 9. AMENDATORY 70 O.S. 2011, Section 2603, as
1502+last amended by Section 2, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
1503+2020, Section 2603), is amended to read as follows:
1504+Section 2603. A. Except as otherwise provided for in
1505+subsection B of this section and elsewhere in this section, to be
1506+eligible to participate in the Oklahoma Higher Learning Access
1507+Program and to qualify for an award which includes payment of an
1508+amount equivalent to resident tuition or other tuition pursuant to
1509+Section 2604 of this title for the first semester or other academic
1510+unit of postsecondary enrollment, a student shall:
1511+1. Be a resident of this state or be enrolled in a school
1512+district located in this state that serves students who reside in
1513+both this state and an adjacent state pursuant to a contract as
1514+authorized in Section 5 -117.1 of this title;
1515+2. Be a United States citizen or lawfully present in the United
1516+States. A student who is not a United States citizen or lawfully
1517+present in the United States shall not be eligible to participate in
1518+the Oklahoma Higher Learning Access Program and to qualify for an
1519+award notwithstanding the provisions of Section 3242 of this title.
1520+The provisions of this paragraph shall not apply to any student who
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1547+was enrolled in the Oklahoma Higher Learning Access Program prior to
1548+the end of the 2006-2007 school year;
1549+3. Have a record of satisfactory compliance with agreements
1550+executed pursuant to Section 2605 of this title;
1551+4. a. have graduated within the previous three (3) years
1552+from a high school accredited by the State Board of
1553+Education, or the Oklahoma School of Science and
1554+Mathematics with a minimum 2.5 cumulative grade point
1555+average on a 4.0 scale for all work attempted in
1556+grades nine through twelve,
1557+b. have graduated within the previous three (3) years
1558+from a high school not accredited by the State Board
1559+of Education with a minimum 2.5 cumulative grade point
1560+average on a 4.0 scale for all work attempted in
1561+grades nine through twelve and have achieved a
1562+composite score of 22 or higher on the ACT test, or
1563+c. have satisfactorily completed within the previous
1564+three (3) years an educational program that was
1565+provided through a means other than a public or
1566+private school and have achieved a composite score of
1567+22 or higher on the ACT test;
1568+5. Have completed the curricular requirements for admission to
1569+an institution within The Oklahoma State System of Higher Education
1570+and one additional unit or set of competencies in a course that
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1597+meets college admission requirements. The curriculum requirements
1598+shall include two units or sets of competencies in forei gn or non-
1599+English language or technology courses that meet the college
1600+admission requirements and one unit or set of competencies of a fine
1601+arts course. Students shall also have attained a 2.5 grade point
1602+average in the core curriculum courses. Students who attended a
1603+high school which did not offer all the core curriculum courses or
1604+students who were educated by other means and were not offered all
1605+the core curriculum courses shall be allowed to satisfy this
1606+curriculum requirement by participating in a p rogram approved by the
1607+State Regents for remediation of high school curricular
1608+deficiencies;
1609+6. Have satisfied admission standards as determined by the
1610+Oklahoma State Regents for Higher Education for first -time-entering
1611+students for the appropriate type o f institution, or, if attending a
1612+private institution, have satisfied admission standards as
1613+determined by the private institution. No student participating in
1614+the Oklahoma Higher Learning Access Program shall be admitted into
1615+an institution of higher edu cation by special admission standards;
1616+7. Have secured admission to, and enrolled in, an institution
1617+which is a member of The Oklahoma State System of Higher Education,
1618+a postsecondary vocational -technical program offered by a technology
1619+center school that meets the requirements to be eligible for federal
1620+student financial aid or that has been identified as a critical
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1647+occupation area pursuant to Section 5 of this act, or a private
1648+institution of higher learning located within this state and
1649+accredited pursuant to Section 4103 of this title; and
1650+8. a. have established financial need according to the
1651+provisions of subsection D of Section 2605 of this
1652+title and standards and provisions promulgated by the
1653+Oklahoma State Regents for Higher Education,
1654+b. if the student was adopted between birth and twelve
1655+(12) years of age while in the permanent custody of
1656+the Department of Human Services, in the court -ordered
1657+custody of a licensed private nonprofit child -placing
1658+agency, or federally recognized Indian tribe, as
1659+defined by the federal Indian Child Welfare Act, have
1660+established financial need according to the provisions
1661+of paragraph 1 of subsection E of Section 2605 of this
1662+title and standards and provisions promulgated by the
1663+Oklahoma State Regents for Higher Educat ion, or
1664+c. if the student was adopted between thirteen (13) and
1665+seventeen (17) years of age while in the permanent
1666+custody of the Department of Human Services, in the
1667+court-ordered custody of a licensed private nonprofit
1668+child-placing agency, or federally recognized Indian
1669+tribe, as defined by the federal Indian Child Welfare
1670+Act, have established financial need according to the
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1697+provisions of paragraph 2 of subsection E of Section
1698+2605 of this title and standards and provisions
1699+promulgated by the Oklahoma S tate Regents for Higher
1700+Education.
1701+B. 1. A student shall be eligible to participate in the
1702+Oklahoma Higher Learning Access Program and to qualify for an award
1703+which includes payment of an amount equivalent to resident tuition
1704+or other tuition pursuant to Section 2604 of this title for the
1705+first semester or other academic unit of postsecondary enrollment if
1706+the student meets all of the following criteria:
1707+a. is a child of any person killed after January 1, 2000,
1708+in the line of duty in any branch of the Uni ted States
1709+Armed Forces or who died after January 1, 2000, as a
1710+result of an injury sustained while in the line of
1711+duty in any branch of the United States Armed Forces
1712+and the person who was killed or died filed an
1713+individual or joint Oklahoma income tax r eturn for the
1714+tax year prior to the year during which the person was
1715+killed or died,
1716+b. is a resident of this state or is enrolled in a school
1717+district located in this state that serves students
1718+who reside in both this state and an adjacent state
1719+pursuant to a contract as authorized in Section 5 -
1720+117.1 of this title,
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1747+c. enrolls in an institution within The Oklahoma State
1748+System of Higher Education prior to reaching the age
1749+of twenty-one (21),
1750+d. has satisfied admission standards as determined by the
1751+Oklahoma State Regents for Higher Education for first -
1752+time-entering students for the appropriate type of
1753+institution, or, if attending a private institution,
1754+has satisfied admission standards as determined by the
1755+private institution. No student participating in t he
1756+Oklahoma Higher Learning Access Program shall be
1757+admitted into an institution of higher education by
1758+special admission standards,
1759+e. has secured admission to, and enrolled in, an
1760+institution which is a member of The Oklahoma State
1761+System of Higher Educa tion, a postsecondary
1762+vocational-technical program offered by a technology
1763+center school that meets the requirements to be
1764+eligible for federal student financial aid or that has
1765+been identified as a critical occupation area pursuant
1766+to Section 5 of this act, or a private institution of
1767+higher learning located within this state and
1768+accredited pursuant to Section 4103 of this title, and
1769+f. executes an agreement pursuant to subsection C of
1770+Section 2605 of this title.
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1797+2. A student who is eligible to participat e in the program
1798+pursuant to this subsection shall not be required to meet the
1799+eligibility requirements set forth in subsection A of this section.
1800+C. To retain eligibility while pursuing the program of higher
1801+learning in which enrolled, the student shall:
1802+1. Meet the requirements for retention and degree completion as
1803+established by the institution in which the student is enrolled;
1804+2. Maintain good academic standing and satisfactory academic
1805+progress according to standards of the Oklahoma State Regents f or
1806+Higher Education;
1807+3. Maintain satisfactory academic progress as required for
1808+eligibility for federal Title IV student financial aid programs.
1809+The provisions of this paragraph shall become effective for the
1810+2012-2013 school year;
1811+4. Comply with the st andards related to maintenance of
1812+eligibility as promulgated by the Oklahoma State Regents for Higher
1813+Education; and
1814+5. Refrain from conduct that leads to expulsion or suspension
1815+of more than one semester from an institution of higher education.
1816+A student who violates the provisions of this paragraph shall
1817+permanently lose eligibility for program benefits. The provisions
1818+of this paragraph shall become effective January 1, 2008.
1819+D. The Oklahoma State Regents for Higher Education and the
1820+State Board of Career and Technology Education shall promulgate
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1847+rules relating to maintenance of eligibility under the Oklahoma
1848+Higher Learning Access Act by a student.
1849+E. It is the intent of the Legislature that students in the
1850+ninth grade for the 1992 -93 school year who are determined to be
1851+eligible Oklahoma Higher Learning Access students pursuant to the
1852+Oklahoma Higher Learning Access Act shall be the first students
1853+eligible for benefits from the Oklahoma Higher Learning Access Trust
1854+Fund.
1855+F. The Oklahoma State Regent s for Higher Education are
1856+authorized to study, develop and propose criteria for determining
1857+award eligibility based upon the completion of seven semesters of
1858+high school coursework by a student.
1859+SECTION 10. AMENDATORY 70 O.S. 2011 , Section 2604, as
1860+amended by Section 3, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
1861+Section 2604), is amended to read as follows:
1862+Section 2604. A. Subject to the availability of funds, an
1863+amount equivalent to the nonguaranteed resident tuition for whi ch an
1864+eligible Oklahoma Higher Learning Access Program student is
1865+obligated at an institution of The Oklahoma State System of Higher
1866+Education shall be awarded by allocation from the Oklahoma Higher
1867+Learning Access Trust Fund.
1868+B. Subject to the availabili ty of funds, for each eligible
1869+Oklahoma Higher Learning Access Program student enrolled at a
1870+private institution of higher learning located within this state and
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1897+accredited pursuant to Section 4103 of this title, the Oklahoma
1898+State Regents for Higher Educa tion shall award from the Oklahoma
1899+Higher Learning Access Trust Fund an amount equivalent to the amount
1900+of resident tuition for which the student would be eligible if the
1901+student were enrolled in a comparable program at a comparable
1902+institution of The Okla homa State System of Higher Education.
1903+Comparability shall be determined by the State Regents.
1904+C. Subject to the availability of funds, an amount equivalent
1905+to the tuition for any eligible Oklahoma Higher Learning Access
1906+Program student enrolled in a pub lic postsecondary vocational -
1907+technical program or course for the purpose set forth in Section
1908+2602 of this title shall be awarded by allocation from the Oklahoma
1909+Higher Learning Access Trust Fund. Provided, such allocation shall
1910+not exceed the amount a st udent would have received for comparable
1911+enrollment at a two-year institution within The Oklahoma State
1912+System of Higher Education.
1913+D. 1. An Except as provided for in paragraph 2 of this
1914+subsection, an award allowed by this section shall not be allowed
1915+for courses or other postsecondary units taken in excess of the
1916+requirements for completion of a baccalaureate program or taken more
1917+than five (5) years after the student’s first semester of
1918+postsecondary enrollment. The Oklahoma State Regents for Higher
1919+Education may award the Oklahoma Higher Learning Access Program
1920+benefits for courses of postsecondary units taken more than five (5)
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1947+years after the student’s first semester of postsecondary enrollment
1948+only in hardship circumstances; provided, however, no O klahoma
1949+Higher Learning Access Program participant may receive benefits
1950+beyond a cumulative time period of five (5) years.
1951+2. Beginning with students who entered into participation in
1952+the program in the 2021 -2022 school year, an award allowed by this
1953+section shall not be allowed for courses or other postsecondary
1954+units taken in excess of the requirements for completion of a
1955+baccalaureate program or a postsecondary vocational -technical
1956+program taken more than six (6) years after the student’s first
1957+semester of postsecondary enrollment. The Oklahoma State Regents
1958+for Higher Education may award the Oklahoma Higher Learning Access
1959+Program benefits for courses of postsecondary units taken more than
1960+six (6) years after the student’s first semester of postseconda ry
1961+enrollment only in hardship circumstances; provided, however, no
1962+Oklahoma Higher Learning Access Program participant may receive
1963+benefits beyond a cumulative time period of six (6) years.
1964+3. The Oklahoma State Regents for Higher Education may award
1965+the Oklahoma Higher Learning Access Program benefits for a student’s
1966+first semester or other academic unit of postsecondary enrollment
1967+taken more than three (3) years after the student graduates from
1968+high school or completes an educational program equivalent to high
1969+school graduation as authorized in subsection A of Section 2603 of
1970+this title or after the student turns twenty -one (21) years of age
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1997+as authorized in subsection B of Section 2603 of this title if the
1998+student is a member of the Armed Forces of the United States, the
1999+Reserve Corps of the Armed Forces of the United States, or the
2000+Oklahoma National Guard, and is ordered to active duty or active
2001+duty for special work or training and due to the duty commitment the
2002+student is unable to enroll prior to the end of the three-year
2003+period or before the student reaches twenty -one (21) years of age.
2004+The period shall be extended by the length of the term of duty.
2005+3. 4. The Oklahoma State Regents for Higher Education shall
2006+establish a maximum limit on the number of courses or other
2007+postsecondary units to which Oklahoma Higher Learning Access Program
2008+benefits will apply.
2009+E. Benefits awarded under the Oklahoma Higher Learning Access
2010+Program shall be awarded to all eligible applicants without any
2011+limitation on the number of awards in any year other than the amount
2012+of funds available for the program and the number of eligible
2013+applicants. Subject to the provisions of subsection F of this
2014+section, if funds are not sufficient to provide awards for all
2015+eligible applicants, the Oklahoma State Regents for Higher Education
2016+shall make awards on the basis of need. Provided, the Oklahoma
2017+State Regents for Higher Education shall take into consideration
2018+other grants and scholarships received by an eligible applicant when
2019+making awards.
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2046+F. The Oklahoma State Regents for Higher Education may, at the
2047+time an award is made on behalf of an Oklahoma Higher Learning
2048+Access Program student, set aside in the Oklahoma Higher Learning
2049+Access Trust Fund funds for the full commitment made to such Higher
2050+Learning Access Program student. For all academic years, students
2051+who have previously received awards under the provisions of the
2052+Oklahoma Higher Learning Access Act, Section 2601 et seq. of this
2053+title, and who have continued at all times to fulfill the
2054+requirements for eligibility to receive awards provided pursuant to
2055+this program shall be given an absolute priority for continued
2056+financial support by the Oklahoma Higher Learning Access Program
2057+superior to any students who are applying for su ch benefits for the
2058+first time.
2059+G. Beginning with the 2018 -2019 academic year, an award allowed
2060+by this section shall not include an amount for payment of remedial
2061+noncredit-earning courses taken by an eligible Oklahoma Higher
2062+Learning Access Program stud ent.
2063+H. 1. If a student who entered into participation in the
2064+program beginning in the 2021 -2022 school year does not complete the
2065+courses or other postsecondary units required for a baccalaureate
2066+program or a postsecondary vocational -technical program within six
2067+(6) years after the student’s first semester of postsecondary
2068+enrollment as provided for in subsection D of this section, the
2069+student shall be required to repay the full amount of the award
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2096+provided pursuant to this section. The student shall en ter into a
2097+repayment agreement with the institution of higher education or the
2098+technology center school in which the student was enrolled.
2099+Repayments shall be deposited into the Oklahoma Higher Learning
2100+Access Trust Fund.
2101+2. In determining the repayment amount, the institution of
2102+higher education or technology center school in which the student
2103+was enrolled may consider hardship circumstances on a case -by-case
2104+basis.
2105+SECTION 11. AMENDATORY 70 O.S. 2011, Section 2605, as
2106+last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
2107+2020, Section 2605), is amended to read as follows:
2108+Section 2605. A. Each school year, every fifth - through ninth-
2109+grade student in the public and private schools of this state and
2110+students who are educated by other means and are in the equivalent
2111+of the fifth through ninth grade shall be apprised, together with
2112+the parent, custodial parent, or guardian of the student, of the
2113+opportunity for access to higher learning under the Oklahoma Higher
2114+Learning Access Program. The Oklahoma State Regents for Higher
2115+Education and the State Board of Education shall develop, promote,
2116+and coordinate a public awareness program to be utilized in making
2117+students and parents aware of the Oklahoma Higher Learning Access
2118+Program.
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2145+B. On a form provided by the Oklahoma State Regents for Higher
2146+Education, every public school district shall designate at least one
2147+Oklahoma Higher Learning Access Program contact person, who shall be
2148+a counselor or teacher, at each public schoo l site in this state in
2149+which eighth-, ninth- or tenth-grade classes are taught. When
2150+requested by the State Regents, the State Board of Education shall
2151+assist the State Regents to ensure the designation of contact
2152+persons. Private schools shall also des ignate at least one school
2153+official as a contact person. For students who are educated by
2154+other means, a parent or guardian or other person approved by the
2155+State Regents shall be designated the contact person.
2156+C. 1. Students who qualify on the basis of financial need
2157+according to subsection D or E of this section or who meet the
2158+eligibility qualification set forth in subparagraph a of paragraph 1
2159+of subsection B of Section 2603 of this title prior to entering the
2160+tenth grade or prior to reaching the age of fifteen (15) and the
2161+standards and provisions promulgated by the Oklahoma State Regents
2162+for Higher Education shall be given the opportunity throughout the
2163+eighth-, ninth-, and tenth-grade years, for students enrolled in a
2164+public or private school, or be tween the ages of thirteen (13) and
2165+fifteen (15), for students who are educated by other means, to enter
2166+into participation in the program by agreeing to, throughout the
2167+remainder of their school years or educational program:
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2194+a. attend school or an educati onal program regularly and
2195+do homework regularly,
2196+b. refrain from substance abuse,
2197+c. refrain from commission of crimes or delinquent acts,
2198+d. have school work and school records reviewed by
2199+mentors designated pursuant to the program,
2200+e. provide information requested by the Oklahoma State
2201+Regents for Higher Education or the State Board of
2202+Education, and
2203+f. participate in program activities.
2204+2. Students who meet the eligibility qualification set forth in
2205+subparagraph a of paragraph 1 of subsection B of Sect ion 2603 of
2206+this title after completing the tenth grade or after reaching the
2207+age of sixteen (16) shall be given the opportunity prior to reaching
2208+the age of twenty-one (21) to enter into participation in the
2209+program and shall execute an agreement with pro visions as determined
2210+by the Oklahoma State Regents for Higher Education.
2211+3. The contact person shall maintain the agreements, which
2212+shall be executed on forms provided by the Oklahoma State Regents
2213+for Higher Education and managed according to regulation s
2214+promulgated by the Oklahoma State Regents for Higher Education, and
2215+the contact person shall monitor compliance of the student with the
2216+terms of the agreement. The Oklahoma State Regents for Higher
2217+Education are authorized to process student agreements and verify
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2244+compliance with the agreements. Students failing to comply with the
2245+terms of the agreement shall not be eligible for the awards provided
2246+in Section 2604 of this title.
2247+D. Except as otherwise provided for in subsection E of this
2248+section and except for students who qualify pursuant to subsection B
2249+of Section 2603 of this title, a student shall not be found to be in
2250+financial need for purposes of the Oklahoma Higher Learning Access
2251+Program if:
2252+1. At the time the student applies for participation in the
2253+program during the eighth, ninth or tenth grade for students
2254+enrolled in a public or private school, or between the ages of
2255+thirteen (13) and fifteen (15), for students who are educated by
2256+other means, the income from taxable and nontaxable sources of the
2257+student’s parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
2258+year;
2259+2. Beginning with eighth -, ninth- or tenth-grade students who
2260+are enrolled in a public or private school or students between the
2261+ages of thirteen (13) and fifteen (15) who ar e educated by other
2262+means who apply for participation in the program in the 2017 -2018
2263+school year, the federal adjusted gross income of the student’s
2264+parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
2265+3. Beginning with eighth -, ninth- or tenth-grade students who
2266+are enrolled in a public or private school or students between the
2267+ages of thirteen (13) and fifteen (15) who are educated by other
2268+
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2294+means who apply for participation in the program in the 2021 -2022
2295+school year, the federal adjuste d gross income of the student’s
2296+parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;
2297+4. At the time the student begins postsecondary education and
2298+prior to receiving any Oklahoma Higher Learning Access Program
2299+benefit award, the federal adjuste d gross income of the student’s
2300+parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
2301+year; and
2302+5. Beginning with the 2018 -2019 academic year, prior to
2303+receiving any Oklahoma Higher Learning Access Program benefit award
2304+for any year during whic h the student is enrolled in an institution
2305+which is a member of The Oklahoma State System of Higher Education,
2306+a postsecondary vocational -technical program offered by a technology
2307+center school that meets the requirements to be eligible for federal
2308+student financial aid or that has been identified as a critical
2309+occupation area pursuant to Section 5 of this act, or a private
2310+institution of higher learning located within this state and
2311+accredited pursuant to Section 4103 of this title, the federal
2312+adjusted gross income of the student’s parent(s) exceeds One Hundred
2313+Thousand Dollars ($100,000.00) per year.
2314+The determination of financial qualification as set forth in
2315+paragraphs 4 and 5 of this subsection shall be based on the income
2316+of the student, not the inco me of the parent(s), if a student:
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2343+a. is determined to be independent of the student’s
2344+parents for federal financial aid purposes,
2345+b. was in the permanent custody of the Department of
2346+Human Services at the time the student enrolled in the
2347+program, or
2348+c. was in the court-ordered custody of a federally
2349+recognized Indian tribe, as defined by the federal
2350+Indian Child Welfare Act, at the time the student
2351+enrolled in the program.
2352+The provisions of this paragraph shall apply to any student who
2353+has received an Okla homa Higher Learning Access Program benefit
2354+award after the 2017 -2018 school year;
2355+6. The Oklahoma State Regents for Higher Education shall review
2356+the determination of financial qualification as set forth in
2357+paragraphs 1, 2 and 3 of this subsection if the income from taxable
2358+and nontaxable sources of the student’s parent(s) includes income
2359+received from nontaxable military benefits or income received from
2360+the federal Social Security Administration due to the death or
2361+disability of the student’s parent(s). If the income from taxable
2362+and nontaxable sources of the student’s parent(s), excluding income
2363+received from nontaxable military benefits or income received from
2364+the federal Social Security Administration due to the death or
2365+disability of the student’s pa rent(s), does not exceed the
2366+limitations set forth by paragraphs 1, 2 and 3 of this subsection,
2367+
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2393+the student shall be determined to have met the financial
2394+qualification set forth in paragraphs 1, 2 and 3 of this subsection.
2395+E. 1. A student who was adopted between birth and twelve (12)
2396+years of age while in the permanent custody of the Department of
2397+Human Services, in the court -ordered custody of a licensed private
2398+nonprofit child-placing agency, or federally recognized Indian
2399+tribe, as defined by the feder al Indian Child Welfare Act, shall not
2400+be found to be in financial need for purposes of the Oklahoma Higher
2401+Learning Access Program if at the time the student begins
2402+postsecondary education and prior to receiving any Oklahoma Higher
2403+Learning Access Program benefit award, the federal adjusted gross
2404+income of the student’s parent(s) exceeds One Hundred Fifty Thousand
2405+Dollars ($150,000.00) per year. The provisions of this paragraph
2406+shall not apply to any student who has received an Oklahoma Higher
2407+Learning Access Program benefit award prior to the 2012 -2013 school
2408+year.
2409+2. A student who was adopted between thirteen (13) and
2410+seventeen (17) years of age while in the permanent custody of the
2411+Department of Human Services, in the court -ordered custody of a
2412+licensed private nonprofit child -placing agency, or federally
2413+recognized Indian tribe, as defined by the federal Indian Child
2414+Welfare Act, shall not be found to be in financial need for purposes
2415+of the Oklahoma Higher Learning Access Program if at the time the
2416+student begins postsecondary education and prior to receiving any
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2443+Oklahoma Higher Learning Access Program benefit award, the federal
2444+adjusted gross income of the student’s parent(s) exceeds Two Hundred
2445+Thousand Dollars ($200,000.00) per year. The provisions of this
2446+paragraph shall not apply to any student who has received an
2447+Oklahoma Higher Learning Access Program benefit award prior to the
2448+2012-2013 school year.
2449+3. Except for students who qualify pursuant to subsection B of
2450+Section 2603 of this title, the determination of financial
2451+qualification as set forth in this subsection shall be based on the
2452+income of the student, not the income of the parent(s), if the
2453+student is determined to be independent of the student’s parent(s)
2454+for federal financial aid purpo ses. A determination of financial
2455+qualification shall not be required for the student who meets the
2456+criteria set forth in this subsection at the time the student
2457+applies for participation in the program. The provisions of this
2458+paragraph shall not apply t o any student who has received an
2459+Oklahoma Higher Learning Access Program benefit award prior to the
2460+2008-2009 school year.
2461+F. The financial qualification of a student as set forth in
2462+subsections D and E of this section shall be certified by the
2463+contact person or by the Oklahoma State Regents for Higher Education
2464+on the agreement form provided by the Oklahoma State Regents for
2465+Higher Education. The form shall be retained in the permanent
2466+
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2492+record of the student and a copy forwarded to the Oklahoma State
2493+Regents for Higher Education.
2494+G. Agreements shall be witnessed by the parent, custodial
2495+parent, or guardian of the student, who shall further agree to:
2496+1. Assist the student in achieving compliance with the
2497+agreements;
2498+2. Confer, when requested to do so, w ith the school contact
2499+person, other school personnel, and program mentors;
2500+3. Provide information requested by the Oklahoma State Regents
2501+for Higher Education or the State Board of Education; and
2502+4. Assist the student in completing forms and reports req uired
2503+for program participation, making applications to institutions and
2504+schools of higher learning, and filing applications for student
2505+grants and scholarships.
2506+H. Students who are enrolled in a school district located in
2507+this state that serves students who reside in both this state and an
2508+adjacent state pursuant to a contract as authorized in Section 5 -
2509+117.1 of this title, are in the eleventh and twelfth grades during
2510+the 2006-2007 school year, and who were denied participation in the
2511+program shall be allowed to enter or reenter into participation in
2512+the program by entering into agreements as set forth in subsections
2513+C and D of this section by June 1, 2008.
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2540+I. The Oklahoma State Regents for Higher Education shall
2541+promulgate rules for the determination of student compliance with
2542+agreements made pursuant to this section.
2543+J. The Oklahoma State Regents for Higher Education shall
2544+designate personnel to coordinate tracking of program records for
2545+the years when students participating in the program are still in
2546+the schools or are being educated by other means, provide staff
2547+development for contact persons in the schools, and provide liaison
2548+with the State Board of Education and local organizations and
2549+individuals participating in the program.
2550+K. The school district where an Oklahoma Higher Learning Access
2551+Program student is enrolled when the student begins participation in
2552+the program and any subsequent school district where the student
2553+enrolls shall forward information regarding participation by the
2554+student in the program to a school to which the student transfers
2555+upon the request of the school for the records of the student.
2556+L. Students participating in the Oklahoma Higher Learning
2557+Access Program shall provide their Social Security number or their
2558+student identification number used by their school to the Oklahoma
2559+State Regents for Higher Education. The Regents shall keep the
2560+numbers confidential and use them only for administrative purposes.
2561+SECTION 12. NEW LAW A new section of law to be codified
2562+in the Oklahoma Statutes as Section 2607 of Title 70, unless there
2563+is created a duplication in numbering, reads as follows:
2564+
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2590+A. The Executive Director of the Oklahoma Department of
2591+Commerce, in consultation with the Oklahoma State Regents for Hig her
2592+Education, shall publish no later than October 1, 2021, and June 30
2593+each subsequent year a list of critical occupation areas that meet
2594+the guidelines of the identified core competencies of the state
2595+based on wealth generation, growth potential and comp etitive
2596+advantage.
2597+B. The Oklahoma State Regents for Higher Education, in
2598+consultation with the State Board of Career and Technology
2599+Education, shall identify postsecondary vocational -technical
2600+programs that correlate to critical occupation areas identifi ed by
2601+the executive director pursuant to this section.
2602+C. 1. Beginning with the 2022 -2023 academic year, a student
2603+who receives an award pursuant to Section 2604 of Title 70 of the
2604+Oklahoma Statutes and enrolls in a postsecondary vocational -
2605+technical program that has been identified as a critical occupation
2606+area pursuant to this section shall complete the program within six
2607+(6) years after the student ’s first semester of postsecondary
2608+enrollment.
2609+2. A student who receives an award pursuant to Section 260 4 of
2610+Title 70 of the Oklahoma Statutes and enrolls in a postsecondary
2611+vocational-technical program that has been identified as a critical
2612+occupation area pursuant to this section may complete prescribed
2613+coursework for program completion regardless of wheth er the program
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2640+is included on the most current list published by the Executive
2641+Director of the Department of Commerce as long as program completion
2642+is achieved within six (6) years of the student ’s enrollment.
2643+3. If a student does not complete the postsec ondary vocational-
2644+technical program that has been identified as a critical occupation
2645+area pursuant to this section within six (6) years, the student
2646+shall be required to repay the full amount of the award provided
2647+pursuant to this section. The student sh all enter into a repayment
2648+agreement with the technology center school. Repayments shall be
2649+deposited into the Oklahoma Higher Learning Access Trust Fund. In
2650+determining the repayment amount, the technology center school may
2651+consider hardship circumstanc es on a case-by-case basis.
2652+D. The State Regents for Higher Education and the State Board
2653+of Career and Technology Education may promulgate rules to implement
2654+the provisions of this section.
2655+SECTION 13. This act shall become effective July 1, 2021.
2656+SECTION 14. It being immediately necessary for the preservation
2657+of the public peace, health or safety, an emergency is hereby
2658+declared to exist, by reason whereof this act shall take effect and
2659+be in full force from and after its passage and approval.
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2686+Passed the Senate the 11th day of March, 2021.
2687+
2688+
2689+
2690+ Presiding Officer of the Senate
2691+
2692+
2693+Passed the House of Representatives the ____ day of __________,
2694+2021.
1372695
1382696
1392697
1402698 Presiding Officer of the House
1412699 of Representatives
1422700
143-OFFICE OF THE GOVERNOR
144-Received by the Office of the Governor this _______ _____________
145-day of _________________ __, 20_______, at _______ o'clock _______ M.
146-By: _________________________________
147-Approved by the Governor of the State of Oklahoma this _____ ____
148-day of _________________ __, 20_______, at _______ o'clock _______ M.
149-
150- _________________________________
151- Governor of the State of Oklahoma
152-
153-
154-OFFICE OF THE SECRETARY OF STATE
155-Received by the Office of the Secretary of State this _______ ___
156-day of __________________, 20 _______, at _______ o'clock _______ M.
157-By: _______________________________ __
2701+