Req. No. 746 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 27 By: Pemberton AS INTRODUCED An Act relating to the Oklahoma Higher Lea rning Access Program; amending 70 O.S. 2021, Section 2603, which relates to eligibility; modi fying eligibility to include certain SAT score; providing eligibility for students who complete certain core curriculum; updating statutory language; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA: SECTION 1. AMENDATORY 70 O.S. 2021, Section 2603, is amended to read as follows: Section 2603. A. Except as otherwise provided for in subsection B of this section and elsewhere in this sect ion, to be eligible to participate in the Oklahoma Higher Learning Access Program and to qualify for an award which include s payment of an amount equivalent to resident tuition or other tuition pursuant to Section 2604 of this title for the first semester or other academic unit of postsecondary enrollment, a student shall: 1. Be a resident of this state or be enrolled in a sc hool district located in this state that serves students who reside in Req. No. 746 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 both this state and an ad jacent state pursuant to a contract a s authorized in Section 5-117.1 of this title; 2. Be a United States citizen or lawfully present in the United States. A student who is not a United States citizen or lawfully present in the United States shall not be eligible to participate in the Oklahoma Higher Learning Acc ess Program and to qualify for an award notwithstanding the provisions of Section 3242 of this title . The provisions of this paragraph shall not apply to any student who was enrolled in the Oklah oma Higher Learning Access Program pr ior to the end of the 2006-2007 school year; 3. Have a record of satisfactory compliance with agreements executed pursuant to Section 2605 of this title; 4. a. have graduated within the previous three (3) years from a high school accredited by the State B oard of Education, or the Oklahoma School of Science and Mathematics with a minimum 2.5 cumulative grade point average on a 4.0 scale for all work attempted in grades nine through twelve, b. have graduated within the pr evious three (3) years from a high school not accredited b y the State Board of Education with a minimum 2.5 cumulative grade point average on a 4.0 scale for al l work attempted in grades nine through twelve and have achieved a Req. No. 746 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 composite score of 22 or high er on the ACT test or a composite score of 1110 or higher on the SAT, or c. have satisfactorily completed within t he previous three (3) years an edu cational program that was provided through a means other than a public or private school and have achieved a composite score of 22 or higher on the ACT test or a composite score of 1110 or higher on the SAT; 5. Have completed the curricular requirements for admission to an institution within The Oklahoma State System of Higher Education and one additional unit or set of competencies in a course th at meets college admission requirements; or have completed the core curriculum and is seeking admission to a technology center school overseen by the State Board of Career an d Technology Education . The curriculum requirements for admission to an institution within The Oklahoma State System of Higher Education shall include two units or sets of competencies in foreign or non -English language or technology courses that meet the college admission requirements and one unit or set of competencies of a fine arts course. Students shall also have attained a 2.5 grade point average in the core curriculum courses. Students who attended a high school which did not offer all the core cur riculum courses or students who were educated by other means and were not offered all the core curricu lum courses shall be allowed to satisfy this curriculum requirement b y Req. No. 746 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 participating in a program approved by the Oklahoma State Regents for Higher Education for remediation of high sc hool curricular deficiencies; 6. Have satisfied admission standards as determined by the Oklahoma State Regents for Hi gher Education for first-time-entering students for the appropriate type of institution, or, if attending a private institution, have sat isfied admission sta ndards as determined by the private institution. No student participating in the Oklahoma Higher L earning Access Program shall be admitted into an institution of higher education by special admission standards ; 7. Have secured admissi on to, and enrolled in, an institution which is a member of The Oklahoma State System of Higher Education, a postsecondary vocational-technical program offered by a technology center school that meets the requirements to be eligib le for federal student financial aid, or a pri vate institution of higher learning located within this state and accredited pursuant to Section 41 03 of this title; and 8. a. have established financi al need according to the provisions of subsection D of Sect ion 2605 of this title and standards and provisions promulgated by the Oklahoma State Regents for Higher Education, b. if the student was adopted between birth and twelve (12) years of age while in the permanent custody of the Department of Human Services, in the court-ordered Req. No. 746 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 custody of a licensed private nonprofit child-placing agency, or federally recognized Indian tribe, as defined by the feder al Indian Child Welfare Act, have established financial need according to the provisions of paragraph 1 of subs ection E of Section 2605 o f this title and standards and provisions promulgated by the Oklahoma State Regents for Higher Education, or c. if the student was adopted between thirteen (13) and seventeen (17) years of age while in the permanent custody of the Department of Human Servi ces, in the court-ordered custody of a licensed private nonprofit child-placing agency, or federally recognized Indian tribe, as defined by the federal Indian Child Welfar e Act, have established financial need according to the provisions of paragraph 2 of subsection E of Section 2605 of this title and standards and provisions promulgated by the Oklahoma State Regents for H igher Education. B. 1. A student shall be eligible to participate in the Oklahoma Higher Learning Access Prog ram and to qualify for an award which includes payment of an amount equivalent to resident tuition or other tuition pursuant to Section 2604 of t his title for the first semester or other academic u nit of postsecondary enrollment if the student meets all of the following criteria: Req. No. 746 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. is a child of any person killed after January 1, 2000, in the line of duty in any branch of the United States Armed Forces or who died after January 1, 2000, as a result of an injury sustained while in the line of duty in any branch of the United States Armed Forces and the person who was killed or died filed an individual or joint Oklahoma income tax return for the tax year prior to the year during which the person was killed or died, b. is a resident of this state or is enrolle d in a school district located in this state that serves students who reside in both this state and an adjacent state pursuant to a contract as a uthorized in Section 5- 117.1 of this title, c. enrolls in an institution within The Oklahoma State System of Higher Education prior to re aching the age of twenty-one (21), d. has satisfied admission standards as determined by the Oklahoma State Regents for Higher Education for first- time-entering students for the appropriate type of institution, or, if attending a private institution, has satisfied admission standards as determined by the private institution. No student participating in the Oklahoma Higher Learning Access Program shall be Req. No. 746 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 admitted into an institution of higher education by special admission standar ds, e. has secured admission to, and enrolled in, an institution which is a member of The Oklahoma State System of Higher Education, a postsecond ary vocational-technical program offered by a techno logy center school that meets the requirements to be eligible for federal student fin ancial aid, or a private institution of higher learning located within this state and accredited pursuant to Section 41 03 of this title, and f. executes an agreement pursu ant to subsection C of Section 2605 of this title. 2. A student who is eligible to p articipate in the program pursuant to this subsection shall not be required to meet the eligibility requirements set fo rth in subsection A of this section. C. To retain eligibility while pursuing the program of higher learning in which enrolled, the stude nt shall: 1. Meet the requirements for retention and degree completion as established by the institution in which the student is enrolled; 2. Maintain good academic stan ding and satisfactory academic progress according to standa rds of the Oklahoma State Regents for Higher Education; Req. No. 746 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Maintain satisfactory academic progress as required for eligibility for federal Title IV student financial aid programs. The provisions of this paragraph shall become effective for the 2012-2013 school year; 4. Comply with the standards related to maintenance of eligibility as promulgated by the Oklahoma State Regents for Higher Education; and 5. Refrain from conduct that leads to expuls ion or suspension of more than one semester from an institu tion of higher education. A student who violates the provisions of this paragraph shall permanently lose eligibility for program benefits. The provisions of this paragraph shall become effective January 1, 2008. D. The Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education shall promulgate rules relating to maintenance of eligibility under the Oklahoma Higher Learning Access Act by a student. E. It is the intent of the Legislature that students in the ninth grade for the 1992-93 school year who are determined to be eligible Oklahoma Higher Learning Access students pursuant to the Oklahoma Higher Learni ng Access Act shall be the first students eligible for benefits from the Oklahoma Higher Learning Access Trust Fund. F. The Oklahoma Sta te Regents for Higher Education are authorized to study, develop, and propose criteria for determining Req. No. 746 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 award eligibility based upon the completion of seven semesters of high school coursework by a student. SECTION 2. This act shall become effective July 1, 2023. SECTION 3. It being immediate ly necessary for the preservation of the public peace, health , or safety, an emergency is hereby declared to exist, by reason whereof thi s act shall take effect and be in full force from and after its pas sage and approval. 59-1-746 EB 12/13/2022 9:54:57 AM