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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2718 By: Hefner and McBride
AS INTRODUCED
An Act relating to higher education; amending 70 O.S.
2021, Section 3953.1, which relates to the Oklahoma
Higher Learning Access Trust Fund; directing use of
Fund to implement certain program; modifying purposes
of Fund; prohibiting use of Fund for certain
administrative expenses; enacting the Oklahoma's
Promise Inclusive Act; defining terms; creating the
Oklahoma's Promise Inclusive program; providing
program purpose; establishing student eligibility
requirements for program; listing requirements for
student to retain el igibility in program; directing
the Oklahoma State Regents for Higher Education to
promulgate rules; providing for an award equivalent
to resident tuition; subjecting award to availability
of funds; mandating award for all eligible student
applicants; providing preference for award if funds
are insufficient; authorizing set aside for full
amount of award funds; requiring priority of award
funds for certain students; requiring public
awareness program for Oklahoma's Promise Inclusive;
providing for designation of school site contact
person; establishing process to enter into program;
requiring execution of agreements for the program;
setting financial need qualifications for program
applicants; prescribing certification of financial
need; requiring agreements to be wi tnessed by a
parent or guardian; providing for promulgation of
rules; establishing program administrative duties for
State Regents; mandating transfer of student
information if student transfers; requiring students
to provide certain identifying number; directing
number to be kept confidential and used only for
administrative purposes; providing for codification;
and providing an effective date .
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 3953.1, is
amended to read as follows:
Section 3953.1 A. There is hereby created a trust fund to be
known as the "Oklahoma Higher Learning Access Trust Fund ". The
Oklahoma State Regents for Higher Education shall be the trustees of
said Trust Fund.
B. The State Regents shall utilize said Trust Fund to implement
the provisions of Sec tions 2601 through 2605 of this title and
Sections 2 through 4 of this act.
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the Oklahoma State Rege nts
for Higher Education for the Trust Fund and any monies or assets
contributed to the Trust Fund from any other source, public or
private. All monies accruing to the credit of said fund are hereby
appropriated and may be budgeted and expended by the Sta te Regents.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
D. Notwithstanding other provisions of law, income and
investment return on T rust Fund principal shall accrue to the Trust
Fund for use as provided by authorization of the trustees for the
purposes provided in Sections 2601 through 2605 of this title and
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Sections 2 through 4 of this act. The State Regents may also
utilize the Trust Fund principal for the purposes provided in
Sections 2601 through 2605 of this title and Sections 2 through 4 of
this act. Except as otherwise provided by law, no such income or
investment return or principal shall be used for administrative
expenses; expenses incurred by the St ate Regents in the
administration of the Trust Fund and of the Oklahoma Higher Learning
Access Program established by the Oklahoma Higher Learning Access
Act and of the Oklahoma's Promise Inclusion program established by
the Oklahoma's Promise Inclusive Act shall be paid from monies
appropriated to the State Regents coordinating board for their
general operating budget.
E. The Regents shall adopt rules for accomplishing trans fer of
funds from the Oklahoma Higher Learning Access Tr ust Fund to the
appropriate institutional Educational and General Operations
Revolving Funds, as provided in Section 3901 of t his title, to
private institutions, and to the appropriate technology cent er
school district to cover general enrollment fees or t uition for
eligible students pursuant to the Oklahoma Higher Learning Access
Act and the Oklahoma's Promise Inclusive Act . Allocations from the
Trust Fund may be made only for the purpose of covering the general
enrollment fees or tuition of eligible students. No portion of the
Trust Fund may be used or allocated for administrative or operating
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expenses of any higher education institution or technology center
school.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2501 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be know n and may be cited as the "Oklahoma's
Promise Inclusive Act".
B. As used in the Oklahoma's Promise Inclusive Act:
1. "Board" means the State Board of Education;
2. "Comprehensive transition and postsecondary program for
students with intellectual disabilities " or "CTP program" means a
degree, certificate, or nond egree program that meets each of the
following:
a. is offered by a state educational institution,
b. is designed to support students with intellectual
disabilities who are seeking to continue academic,
career and technical, and independent living
instruction at a state educational institution in
order to prepare for gainful employment ,
c. includes an advising and curriculum structure ,
d. requires students with intellectual disabilities to
participate on not less than a half -time basis as
determined by the institution, with participation
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focusing on academic components, and occurring through
one or more of the following activities:
(1) regular enrollment in credit -bearing courses with
nondisabled students offered by the institution ,
(2) auditing or participating in courses with
nondisabled students offe red by the institution
for which the student does not receive regular
academic credit,
(3) enrollment in noncredit -bearing, nondegree
courses with nondisabled student s, or
(4) participation in internships or work-based
training in settings with nondi sabled
individuals, and
e. requires students with intellectual disabilities to be
socially and academically integrated with non -disabled
students to the maximum extent possible ;
3. "Program" means the Oklahoma's Promise Inclusive program;
4. "State educational insti tution" means any higher education
institution supported wholly or in part by direct legislative
appropriations which provides a comprehensive transition and
postsecondary program for students with intellectual disabilities;
5. "State Regents" means the Oklahoma State Regents for Higher
Education; and
6. "Student" means a student with:
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a. a cognitive impairment, characterized by significant
limitations in intellectual and cognitive functioning
and adaptive behavior as expressed in conceptual,
social, and practical adaptive skills , and
b. who is currently, or was formerly, eligible for a free
appropriate public education under the federal
Individuals with Disabilities Education Act.
C. There is hereby created a program to be known as "Oklahoma's
Promise Inclusive". The purpose of the program is to provide an
award to eligible students who are pursuing studies in this state at
a CTP program, that will relieve students from paying nonguaranteed
resident tuition at state educational institutions.
D. A student shall be eligible for Oklahoma's Promise Inclusive
if the student:
1. Meets the definition for student provided in paragraph 6 of
subsection B of this section ;
2. Is a resident of this state or enrolled in a school district
located in this state tha t serves students who r eside in both this
state and an adjacent state pursuant to a contract as authorized in
Section 5-117.1 of Title 70 of the Oklahoma Statutes;
3. Is 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
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the program and qualify for an award notwithstanding the provisions
of Section 3242 of Title 70 of the Oklahoma Statutes;
4. Has a record of satisfactory compliance with agreements
executed pursuant to Section 4 of this act ;
5. Has graduated within the previous six (6) years from a
public high school accredited by the St ate Board of Education or a
private school, or has satisfactorily completed within the previous
six (6) years an educational program that was provided through a
means other than a public or private school ;
6. Has completed the curricular requirements for admission to a
state educational institution;
7. Has satisfied admission sta ndards as determined by the State
Regents for first-time-entering students for the appropriate type of
state educational institution;
8. Have secured admission t o, and enrolled in, a state
educational institution that meets the requirements to be eligible
for federal student financial aid ; and
9. Has established financial need according to the provisions
of subsection D of Section 4 of this act and standards and
provisions promulgated by the State Regents.
E. To retain eligibility in the program, the student shall:
1. Meet the requirements for retention and completion as
established by the state educational institution where the student
is enrolled;
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2. Maintain good academic standing and satisfactory aca demic
progress according to standards of the State Regents;
3. Maintain satisfactory acade mic progress as required for
eligibility for federal Title IV student financial aid programs ;
4. Comply with the standards rela ted to maintenance of
eligibility as promulgated by the State Regents; and
5. Refrain from conduct that leads to expulsion or suspension
of more than one (1) semester from a state educational institution.
A student who violates the provisions of this paragrap h shall
permanently lose eligibi lity for program benefits.
F. The State Regents shall promulgate rules relating to
maintenance of eligibility under the program by a student.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 2502 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Subject to the availability of funds, an amount equivalent
to the nonguaranteed resident tuition for which an eligible
Oklahoma's Promise Inclusive student is obligated at a state
educational institution shall be awarded by allocation from the
Oklahoma Higher Learning Access Trust Fund.
B. Benefits awarded under Oklahoma's Promise Inclusive shall be
awarded to all eligible student applicants without any lim itation on
the number of awards in any year other than the amount of funds
available for the program and the number of eligible applicants.
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Subject to the provisions of subsection D of this section, if funds
are not sufficient to pr ovide awards for all el igible applicants,
the State Regents shall make awards on the basis of need. Provided,
the State Regents may take into consideration other grants and
scholarships received by an eligible applicant when making awards.
C. The State Regents may, at the time an award is made on
behalf of an Oklahoma's Promise Inclusive student, set aside in the
Oklahoma Higher Learning Access Trust Fund funds for the full
commitment made to the Oklahoma's Promise Inclusive student. For
all academic years, students who have previously received awards
under the provisions of the Oklahoma's Promise Inclusive Act, and
who have continued at all times to fulfill the requirements f or
eligibility to receive awards provided pursuant to this program ,
shall be given an absolute priorit y for continued financial support
by Oklahoma's Promise Inclusive superior to any students who are
applying for an award for the first time.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2503 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. Each school year, the parent or legal guardian of every
fifth- through eleventh-grade student in the public and private
schools of this state and stude nts who are educated by other means
and are in the equivalent of the fifth through eleventh grade , who
meets the definition for student provided in paragraph 6 of
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subsection B of Section 2 of this act , shall be informed of the
opportunity for access to higher learning under Oklahoma's Promise
Inclusive. The State Regents and the State Board of Education shall
develop, promote, and coordinate a public awareness program to be
utilized in making students and parents aware of Oklahoma's Promise
Inclusive.
B. On a form provided by the State Regents, every public school
district shall designate at least one (1) Oklahoma's Promise
Inclusive contact person, who shall be a counselor or teacher, at
each public school s ite in this state in wh ich eighth-, ninth-,
tenth-, or eleventh-grade classes are taught. When requested by the
State Regents, the Board shall assist the State Regents to ensure
the designation of contact persons. Private schools shall also
designate at least one (1) school official as a contact person. For
students who are educated by other means, a parent, legal guardian,
or other person approved by the State Regents shall be designat ed
the contact person.
C. 1. Students who qualify on the basis of financial need
according to subsection D or E of this section prior to entering the
eleventh grade or prior to reaching sixteen (16) years of age and
meet the standards and provisions promulgat ed by the State Regents,
shall be given the opportunity throughout the eighth -, ninth-,
tenth-, and eleventh-grade years, for students enrolled in a public
or private school, or between thirteen (13) and sixteen (16) years
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of age, for students who are educa ted by other means, to enter into
participation in the program by agreeing , throughout the remaind er
of their school years o r educational program, to:
a. attend school or an educational p rogram regularly,
b. refrain from substance abuse,
c. refrain from commission of violent crimes,
d. have school work and school records reviewed by
mentors designated pursuant to the program,
e. provide information requested by the State Regents or
the Board, and
f. participate in required program activities.
2. The contact person shall maintain the agreements, which
shall be executed on forms provided by the State Regents and managed
according to regulations promulgated by the State Regents, and the
contact person shall monitor c ompliance of the student with the
terms of the agreement. The State Regents are authorized to process
student agreements and verify complia nce with the agreements.
Students failing to comply with the terms of the agreement s hall not
be eligible for the awards provided in Section 3 of this act.
D. Except as otherwise provided for in subsection E of this
section, a student shall not be found to be in financial need for
purposes of Oklahoma's Promise Inclusive if:
1. At the time the student applies for participation in the
program during the ei ghth, ninth, or tenth grade for students
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enrolled in a public or private schoo l, or between thirteen (13) and
fifteen (15) years of age for students who are educated by other
means:
a. the federal adjusted gross income of the student's
parent(s), who have two (2) or fewer dependent
children, exceeds Sixty -five Thousand Dollars
($65,000.00) per year,
b. the federal adjusted gross income of t he student's
parent(s), who have three (3) or four (4) dependent
children, exceeds Seventy -five Thousand Dollars
($75,000.00) per year, or
c. the federal adjusted gross income of the student 's
parent(s), who have fiv e (5) or more dependent
children, exceeds Eighty-five Thousand Dollars
($85,000.00) per year;
2. At the time the student begins postsecondary education and
prior to receiving any Oklahoma's Promise Inclusive award, the
federal adjusted gross income of the student 's parent(s) exceeds On e
Hundred Thousand Dollars ($100,000.00) per year; and
3. Prior to receiving any Oklahoma's Promise Inclusive award
for any year during which the student is en rolled in a state
educational institution, the federal adjusted gross income of the
student's parent(s) exceeds One Hundred Thousand Dollars
($100,000.00) per year.
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The determination of financial qualification provided in
paragraphs 2 and 3 of this subsection shall be based on the income
of the student, not the income of the parent(s), if a student is
determined to be independent of the student's parents for federal
financial aid purposes, was in the permanent custody of the
Department of Human Servic es at the time the student enrolled in the
program, or was in the court-ordered custody of a feder ally
recognized Indian tribe, as defined by the federal Indian Child
Welfare Act, at the time the st udent enrolled in the program.
The State Regents shall review the determination of financial
qualification provided in paragraph 1 of this subsection if t he
income from taxable and nontaxable sources of the student's
parent(s) includes income received fr om nontaxable military benefits
or income received from the federal Social Security Admin istration
due to the death or disability of the student 's parent(s). If the
income from taxable and nontaxable sources of the student's
parent(s), excluding income re ceived from nontaxable military
benefits or income received from the federal Social Secur ity
Administration due to the death or disability of the student 's
parent(s), does not exceed the limitations provided in paragraph 1
of this subsection, the student shall be determined to have met the
financial qualification provided in paragraph 1 of this subsection.
E. 1. A student who was adopted between birth and twelve (12)
years of age while in the permanent custody of the Department of
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Human Services, in the court-ordered custody of a licensed private
nonprofit child-placing agency, or federally recognized Indian
tribe, as defined by the federal Indian Child We lfare Act, shall not
be found to be in financial need for purposes of Oklahoma's Promise
Inclusive if at the time the student begins postsecondary education
and prior to receiving any Oklahoma's Promise Inclusive award, the
federal adjusted gross income of the student's parent(s) exceeds One
Hundred Fifty Thousand Dollars ($150,000.00) per year.
2. A student who was adopted between thirteen (13) and
seventeen (17) years of age while in the permanent custody o f the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child-placing agency, or federally
recognized Indian tribe, as defined by the federal Indian Child
Welfare Act, shall not be found to be in financial need for purposes
of Oklahoma's Promise Inclusive if at the time the student begins
postsecondary education and prior to receiving any Oklahoma's
Promise Inclusive award, the federal adjusted gross income of the
student's parent(s) exceeds Two Hundred Thousand Dollars
($200,000.00) per year .
3. The determination of financial qualification provided in
this subsection shall be based on the income of the stu dent, not the
income of the parent(s), if the student is determined to be
independent of the student 's parent(s) for federal financial aid
purposes. A determination of financial qualification shall not be
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required for the student who meets the criteria se t forth in this
subsection at the time the student applies for participation in the
program.
F. The financial qualification of a student provided in
subsections D and E of this section shall be certified by the
contact person or by the State Regents on the agreement form
provided by the State Regents. The form shall be retained in the
permanent record of the student and a copy forwarded to the State
Regents.
G. Agreements shall be witnessed by the parent or legal
guardian of the student, who shall further agree to:
1. Assist the student in achieving compliance with the
agreements;
2. Confer, when requested to do so, with the school contac t
person, other school personnel, and program mentors;
3. Provide information requested by the State Regents or the
Board; and
4. Assist the student in completing forms and reports required
for program participation, making applications to state educational
institutions, and filing applicati ons for student grants and
scholarships.
H. The State Regents shall promulgate rules for the
determination of student compliance with agreements made pursuant to
this section.
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I. The State Regents shall designate personnel to coordinate
tracking of program records for the years when students
participating in the program are still in th e schools or are being
educated by other means, provide staff development for contact
persons in the schools, and provide liaison with the Board and local
organizations and individuals participating in the program.
J. The school district where an Oklahoma's Promise Inclusive
student is enrolled when the student begins participation in the
program and any subsequent school district whe re the student
enrolls, shall forward information regarding participation by the
student in the program to the school where the student transfers
upon request of the school for the student's records.
K. Students participating in Oklahoma's Promise Inclusive shall
provide their Social Security nu mber or their student identification
number used by their school to the State Regents. The State Regents
shall keep the numbers confidential and use them only for
administrative purposes.
SECTION 5. This act shall become effective November 1, 2023.
59-1-6754 EK 01/18/23