Oklahoma 2023 Regular Session

Oklahoma House Bill HB2772 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2772 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35		-	HOUSE BILL 2772 By: Munson, Waldron, and
36		-	McBride of the House
	32	+	HOUSE BILL 2772 By: Munson
37	33
38		-	and
39	34
40		-	~~Montgomery of the Senate~~
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43	38		AS INTRODUCED
44	39
45	40		An Act relating to higher education; amending 70 O.S.
46	41		2021, Section 2605, as amended by Section 1, Chapter
47	42		400, O.S.L. 2022 (70 O.S. Supp . 2022, Section 2605),
48	43		which relates to the Oklahoma Higher Learning Access
49	44		Act; modifying eligibility requirements for the
50	45		Oklahoma Higher Learning Access Program; and
51	46		providing an effective date .
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55	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	53		SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
57	54		amended by Section 1, Chapter 400, O.S.L. 2022 (70 O.S. Supp. 2022,
58	55		Section 2605), is amended to read as foll ows:
59	56		Section 2605. A. Each school year, every fifth - through
60	57		eleventh-grade student in the public and private schools of this
61	58		state and students who are educated by other means and are in the
62	59		equivalent of the fift h through eleventh grade shall be appris ed,
63	60		together with the parent, custodial parent , or guardian of the
64	61		student, of the opportu nity for access to higher learnin g under the
65	62		Oklahoma Higher Learning Access Program. The Oklahoma State Regents
	63	+	for Higher Education and the State Board of Educatio n shall develop,
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67		-	HB2772 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
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93		-	for Higher Education and the State Board of Educatio n shall develop,
94	90		promote, and coordinate a public awareness program to be utilized in
95	91		making students and parents aware of the Oklahoma Higher Learning
96	92		Access Program.
97	93		B. On a form provided by the Oklahoma State Reg ents for Higher
98	94		Education, every public school district shall designate at least one
99	95		Oklahoma Higher Learning Access Program cont act person, who shall be
100	96		a counselor or teacher, at each public school site in this state in
101	97		which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
102	98		When requested by the State Regents, the State Board of Educatio n
103	99		shall assist the State Rege nts to ensure the designation of c ontact
104	100		persons. Private schools shall also designate at least one school
105	101		official as a contact person. For students who are educate d by
106	102		other means, a parent or guardian or other person appro ved by the
107	103		State Regents shall be designated the contact person .
108	104		C. 1. Students who qualify on the basis of financial need
109	105		according to subsection D or E of this section or who meet the
110	106		eligibility qualification set forth in subparagraph a of paragraph 1
111	107		of subsection B of Section 2603 of this title prior to enterin g the
112	108		eleventh grade or prior to reaching the age of sixteen (16) and the
113	109		standards and provisions promulgated by the Oklahoma State Regents
114	110		for Higher Education shall be given the opportunity throughout the
115	111		eighth-, ninth-, tenth-, and eleventh-grade years, for students
116	112		enrolled in a public or private school, or between the ages of
	113	+	thirteen (13) and sixteen (16), for students who are e ducated by
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118		-	HB2772 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
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144		-	thirteen (13) and sixteen (16), for students who are e ducated by
145	140		other means, to enter into participation in the p rogram by agreeing
146	141		to, throughout the remainder of their school years or educational
147	142		program:
148	143		a. attend school or an educational program regularly and
149	144		do homework regularly,
150	145		b. refrain from substance abuse,
151	146		c. refrain from commission of violent crimes or
152	147		delinquent acts,
153	148		d. c. have school work and school records reviewed by
154	149		mentors designated pursuant to the program,
155	150		e. d. provide information requested by the Oklahoma Stat e
156	151		Regents for Higher Educa tion or the State Board of
157	152		Education, and
158	153		f. e. participate in program activities.
159	154		2. Students who meet the eligibility qualification set forth in
160	155		subparagraph a of paragraph 1 of subsection B of Section 2603 of
161	156		this title after com pleting the eleventh grade or after reaching the
162	157		age of seventeen (17) shall be giv en the opportunity prior to
163	158		reaching the age of twenty-one (21) to enter into participation in
164	159		the program and shall execute an agreement with provisions as
165	160		determined by the Oklahoma State Regents for Higher Education.
166	161		3. The contact person shall maintai n the agreements, which
167	162		shall be executed on forms provided by the Oklaho ma State Regents
	163	+	for Higher Education and managed according to regulations
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169		-	HB2772 HFLR Page 4
170		-	BOLD FACE denotes Committee Amendments. 1
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195		-	for Higher Education and managed according to regula tions
196	190		promulgated by the Oklaho ma State Regents for Higher Education, and
197	191		the contact person shall monitor complia nce of the student with the
198	192		terms of the agreement. The Oklahoma State R egents for Higher
199	193		Education are authorized to process student agreements and verify
200	194		compliance with the agreements. Students failing to comply with the
201	195		terms of the agreement shall n ot be eligible for the awards provide d
202	196		in Section 2604 of this title.
203	197		D. Except as otherwise provided for in subsection E of this
204	198		section and except for students who qualif y pursuant to subsection B
205	199		of Section 2603 of this title, a student shall not be fo und to be in
206	200		financial need for purp oses of the Oklahoma Higher Learning Access
207	201		Program if:
208	202		1. At the time the student applies for participation in the
209	203		program during the e ighth, ninth, or tenth grade for students
210	204		enrolled in a public or private school, o r between the ages of
211	205		thirteen (13) and fifteen (15), for students who are educated by
212	206		other means, the income from taxable and nontaxable sources of the
213	207		student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
214	208		year;
215	209		2. Beginning with eighth -, ninth-, or tenth-grade students who
216	210		are enrolled in a public or private school or students between the
217	211		ages of thirteen (13) and fifteen (15) who are educated by other
218	212		means who apply for participation in the program in the 2017 -2018
219	213
220		-	HB2772 HFLR Page 5
221		-	BOLD FACE denotes Committee Amendments. 1
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246	239		school year, the feder al adjusted gross income of the st udent's
247	240		parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
248	241		3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
249	242		students who are enrolled in a public or private school or students
250	243		between the ages of thirteen (13) and sixteen (1 6) who are educated
251	244		by other means who apply for participation in the program in the
252	245		2021-2022 school year, the federal adjusted gross incom e of the
253	246		student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
254	247		year;
255	248		4. Beginning with eighth -, ninth-, tenth-, or eleventh-grade
256	249		students who are enrolled in a public or private school or students
257	250		between the ages of thirteen (13) and sixteen (16) who are educate d
258	251		by other means who apply for participati on in the program in the
259	252		2022-2023 school year:
260	253		a. the federal adjusted gross income of the student's
261	254		parent(s), who have two or fewer dependent children,
262	255		exceeds Sixty Thousand Dollars ($ 60,000.00) per year,
263	256		b. the federal adjusted gross income of the student's
264	257		parent(s), who have three or four depende nt children,
265	258		exceeds Seventy Thousand Dollars ($70,000.00) per
266	259		year, or
267	260		c. the federal adjusted gross income of the student's
268	261		parent(s), who have five or more depende nt children,
269	262		exceeds Eighty Thousand Dollars ($80,000 .00) per year;
270	263
271		-	HB2772 HFLR Page 6
272		-	BOLD FACE denotes Committee Amendments. 1
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297	289		5. At the time the student begins postsecondary education and
298	290		prior to receiving any Oklahoma Higher Learning Access Program
299	291		benefit award, the federal adjusted gro ss income of the student's
300	292		parent(s) exceeds One Hundred Thousand Dollars ($100,000 .00) per
301	293		year;
302	294		6. Beginning with the 2018-2019 academic year, prior to
303	295		receiving any Oklahoma Higher Learning Access Program benefit award
304	296		for any year during which the stu dent is enrolled in an institution
305	297		which is a member of The Oklahoma State System o f Higher Education,
306	298		a postsecondary vocational-technical program offered by a technology
307	299		center school that meets the requirements to be eligible for federal
308	300		student financial aid or a private institution of higher learning
309	301		located within this state and ac credited pursuant to Section 4103 of
310	302		this title, the federal adjusted gross i ncome of the student's
311	303		parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
312	304		year.
313	305		The determination of financial qualification as set forth in
314	306		paragraphs 5 and 6 of this subsection shall be based on the income
315	307		of the student, not the income of the parent(s), if a student:
316	308		a. is determined to be independent of the student 's
317	309		parents for federal financial aid purposes,
318	310		b. was in the permanent custody of the Department of
319	311		Human Services at the time the student enrolled in the
320	312		program, or
321	313
322		-	HB2772 HFLR Page 7
323		-	BOLD FACE denotes Committee Amendments. 1
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348	339		c. was in the court-ordered custody of a federally
349	340		recognized Indian tribe, as defined by the federal
350	341		Indian Child Welfare Act, at the time the student
351	342		enrolled in the program.
352	343		The provisions of this paragraph shall apply to any student who
353	344		has received an Oklaho ma Higher Learning Access Program benefit
354	345		award after the 2017 -2018 school year; and
355	346		7. The Oklahoma State Regents for Higher Education shall review
356	347		the determination of financial qu alification as set forth in
357	348		paragraphs 1, 2, 3, and 4 of this subsection if the income from
358	349		taxable and nontaxable sources of the student 's parent(s) includes
359	350		income received from nontaxable military benefits or income received
360	351		from the federal Social Secu rity Administration due to the death or
361	352		disability of the student 's parent(s). If the income from taxable
362	353		and nontaxable sources of the student 's parent(s), excluding incom e
363	354		received from nontaxable military benefits or income received from
364	355		the federal Social Security Administration due to the death or
365	356		disability of the student's parent(s), does not exceed the
366	357		limitations set forth by paragraphs 1, 2, 3, and 4 of this
367	358		subsection, the student shall be determined to have met the
368	359		financial qualification set forth in paragraphs 1, 2, 3, and 4 of
369	360		this subsection.
370	361		E. 1. A student who was adopted between birth and twelve (12)
371	362		years of age while in the permanent custody of the Depa rtment of
372	363
373		-	HB2772 HFLR Page 8
374		-	BOLD FACE denotes Committee Amendments. 1
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399	389		Human Services, in the court-ordered custody of a licensed private
400	390		nonprofit child-placing agency, or federally recognized Indian
401	391		tribe, as defined by the federal Indian Child Welfare Act, shall not
402	392		be found to be in financial need for purposes o f the Oklahoma Higher
403	393		Learning Access Program if at the time the student begi ns
404	394		postsecondary education and prior to receiving any Oklahoma H igher
405	395		Learning Access Program benefit award, the federal adjusted gross
406	396		income of the student 's parent(s) exceeds O ne Hundred Fifty Thousa nd
407	397		Dollars ($150,000.00) per year. The provisions of this paragraph
408	398		shall not apply to any student who has received a n Oklahoma Higher
409	399		Learning Access Program benefit award prior to the 2012-2013 school
410	400		year.
411	401		2. A student who was a dopted between thirteen (13) and
412	402		seventeen (17) years of age while in the pe rmanent custody of the
413	403		Department of Human Services, in the court -ordered custody of a
414	404		licensed private nonprofit child-placing agency, or federally
415	405		recognized Indian tribe, as def ined by the federal Ind ian Child
416	406		Welfare Act, shall not be found to be in fi nancial need for purposes
417	407		of the Oklahoma Higher Learning Access Program if at the time the
418	408		student begins postsecondary education and prior to receiving any
419	409		Oklahoma Higher Learni ng Access Program benef it award, the federal
420	410		adjusted gross income of the st udent's parent(s) exceeds Two Hundred
421	411		Thousand Dollars ($200,000. 00) per year. The provisions of this
422	412		paragraph shall not apply to any student who has received an
423	413
424		-	HB2772 HFLR Page 9
425		-	BOLD FACE denotes Committee Amendments. 1
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450	439		Oklahoma Higher Learning Access Program benefit award prior to the
451	440		2012-2013 school year.
452	441		3. Except for students who qualify pursuant to subsection B of
453	442		Section 2603 of this title, the determination of financial
454	443		qualification as set forth in this subsection shall be base d on the
455	444		income of the student, not the income of the parent(s), if the
456	445		student is determined to be independent of the student's parent(s)
457	446		for federal financial aid purposes. A determination of financial
458	447		qualification shall not be required for the student who meets the
459	448		criteria set forth in this subsection at the time the studen t
460	449		applies for participation in the program. The provisions of thi s
461	450		paragraph shall not apply to any student who has received an
462	451		Oklahoma Higher Learning Access Program benefit awar d prior to the
463	452		2008-2009 school year.
464	453		F. The financial qualification of a student as set forth in
465	454		subsections D and E of this section shall be certified by the
466	455		contact person or by the Oklahoma State Regents for Higher Education
467	456		on the agreement form prov ided by the Oklahoma St ate Regents for
468	457		Higher Education. The form shall b e retained in the permanent
469	458		record of the student and a copy forwar ded to the Oklahoma State
470	459		Regents for Higher Education.
471	460		G. Agreements shall be witnessed by the parent, custodial
472	461		parent, or guardian of the student, who shall further agree to:
473	462
474		-	HB2772 HFLR Page 10
475		-	BOLD FACE denotes Committee Amendments. 1
	463	+	Req. No. 7009 Page 10 1
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500	488		1. Assist the student in achieving compliance with the
501	489		agreements;
502	490		2. Confer, when requested to do so, with the school contact
503	491		person, other school personnel, and program mentors;
504	492		3. Provide information requested by the Oklahoma State Regents
505	493		for Higher Education or the State Board of Education; and
506	494		4. Assist the student in com pleting forms and reports required
507	495		for program participation, making applications to institutions and
508	496		schools of higher learning, and fili ng applications for student
509	497		grants and scholarships.
510	498		H. Students who are enrolled in a school district located in
511	499		this state that serves students who reside in both this state and an
512	500		adjacent state pursuant to a contract as authoriz ed in Section 5-
513	501		117.1 of this title, are in the eleventh and twelfth grades during
514	502		the 2006-2007 school year, and who were denied participati on in the
515	503		program shall be allowed to enter or reenter into participation in
516	504		the program by entering into agreement s as set forth in subse ctions
517	505		C and D of this section by June 1, 200 8.
518	506		I. The Oklahoma State Regents for Higher Education shall
519	507		promulgate rules for the determination of student compliance with
520	508		agreements made pursuant to this section.
521	509		J. The Oklahoma State Regents for Higher Education shall
522	510		designate personnel to coor dinate tracking of program records for
523	511		the years when students participatin g in the program are still in
524	512
525		-	HB2772 HFLR Page 11
526		-	BOLD FACE denotes Committee Amendments. 1
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551	538		the schools or are being educated by other means, provide staff
552	539		development for conta ct persons in the schoo ls, and provide liaison
553	540		with the State Board of Education and local organizations and
554	541		individuals participating in the program.
555	542		K. The school district where an Oklahoma Higher Learning Access
556	543		Program student is enrolled when the stu dent begins participati on in
557	544		the program and any subsequent schoo l district where the student
558	545		enrolls shall forward information regarding par ticipation by the
559	546		student in the program to a school to which the student transfers
560	547		upon the request of the school for the records of the student.
561	548		L. Students participating in th e Oklahoma Higher Learning
562	549		Access Program shall provide their Social Security number or their
563	550		student identification number used by their school to the Oklahoma
564	551		State Regents for Higher Educat ion. The Regents shall keep the
565	552		numbers confidential and use th em only for administrative purposes.
566	553		SECTION 2. This act shall become effective November 1, 2023.
567	554
568		-	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATI ONS AND BUDGET, dated
569		-	03/02/2023 - DO PASS, As Coauthored.
	555	+	59-1-7009 EK 01/04/23