39 | 48 | | |
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40 | 49 | | [ higher education - Oklahoma Higher Learning Access |
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41 | 50 | | Trust Fund - administrative expenses - Oklahoma |
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42 | 51 | | Promise Opportunity Scholarship Act - defining |
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43 | 52 | | terms – program - requirements – rules - award – |
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44 | 53 | | applicants - funds – students – person – program - |
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45 | 54 | | need - witnessed – rules – transfers – number – |
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46 | 55 | | purposes - codification - effective date ] |
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47 | 56 | | |
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48 | 57 | | |
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49 | 58 | | |
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50 | 59 | | |
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51 | 60 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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52 | 61 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 3953.1, is |
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53 | 62 | | amended to read as follows: |
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54 | 63 | | Section 3953.1 A. There is hereby created a trust fund to be |
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55 | 64 | | known as the "Oklahoma Higher Learning Access Trust Fund". The |
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84 | 94 | | B. The State Regents shall utilize said Trust Fund to implement |
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85 | 95 | | the provisions of Sections 2601 through 2605 of this title and |
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86 | 96 | | Sections 2 through 4 of this act. |
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87 | 97 | | C. The Trust Fund principal shall consist of monies th e |
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88 | 98 | | Legislature appropriates or transfers to the Oklahoma St ate Regents |
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89 | 99 | | for Higher Education for the Trust Fund and any monies or assets |
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90 | 100 | | contributed to the Trust Fund from any other sour ce, public or |
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91 | 101 | | private. All monies accruing to the credit of said fund a re hereby |
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92 | 102 | | appropriated and may be budgeted and expended by the State Regents. |
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93 | 103 | | Expenditures from said fund shall be made upon warrants issued by |
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94 | 104 | | the State Treasurer against claims file d as prescribed by l aw with |
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95 | 105 | | the Director of the Office of Management and Enterprise Services for |
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96 | 106 | | approval and payment. |
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97 | 107 | | D. Notwithstanding other provisions of law, income and |
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98 | 108 | | investment return on Trust Fund principal shall accrue to the Trust |
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99 | 109 | | Fund for use as provided by autho rization of the trustees for the |
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100 | 110 | | purposes provided in Sections 2601 through 2605 of this title and |
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101 | 111 | | Sections 2 through 4 of this act. The State Regents may also |
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102 | 112 | | utilize the Trust Fund principal for the purposes provided in |
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103 | 113 | | Sections 2601 through 2605 of this title and Sections 2 through 4 of |
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104 | 114 | | this act. Except as otherwise provided by law, no such income or |
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105 | 115 | | investment return or principal shall be used for administrative |
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134 | 145 | | Access Program established by the Oklahoma Higher Learning Access |
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135 | 146 | | Act and of the Oklahoma Promise Opportunity Scholarship program |
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136 | 147 | | established by the Oklahoma Promise Opportunity Scholarship Act |
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137 | 148 | | shall be paid from monies a ppropriated to the State Regents |
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138 | 149 | | coordinating board for their g eneral operating budget. |
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139 | 150 | | E. The Regents shall adopt rules for ac complishing transfer of |
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140 | 151 | | funds from the Oklahoma Higher Learning Access Trust Fund to the |
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141 | 152 | | appropriate institutional Educational a nd General Operations |
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142 | 153 | | Revolving Funds, as provided in Section 3 901 of this title, to |
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143 | 154 | | private institutions, and to the appropriat e technology center |
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144 | 155 | | school district to cover general enrollment fees or tuition for |
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145 | 156 | | eligible students pursua nt to the Oklahoma H igher Learning Access |
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146 | 157 | | Act and the Oklahoma Promise Opportunity Scholarship Act. |
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147 | 158 | | Allocations from the Trust Fund may be made only for the purpose of |
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148 | 159 | | covering the general enrollment fees or tuition of eligible |
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149 | 160 | | students. No portion of th e Trust Fund may be used or allocated for |
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150 | 161 | | administrative or opera ting expenses of any higher education |
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151 | 162 | | institution or technology center school. |
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152 | 163 | | SECTION 2. NEW LAW A new section of law to be codified |
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153 | 164 | | in the Oklahoma Statutes as Secti on 2501 of Title 70, unless there |
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154 | 165 | | is created a duplication in num bering, reads as follows: |
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184 | 196 | | 1. "Board" means the State Board of Education; |
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185 | 197 | | 2. "Comprehensive transition and postsecondary program for |
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186 | 198 | | students with intellectual disabilities " or "CTP program" means a |
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187 | 199 | | degree, certificate, o r nondegree program that meets each of the |
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188 | 200 | | following: |
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189 | 201 | | a. is offered by a state educational institution, |
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190 | 202 | | b. is designed to support stud ents with intellectual |
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191 | 203 | | disabilities who are seeking to continue academic, |
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192 | 204 | | career and technical, and independent living |
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193 | 205 | | instruction at a state educational institution in |
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194 | 206 | | order to prepare for gainful employment, |
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195 | 207 | | c. includes an advising and curriculum structu re, |
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196 | 208 | | d. requires students with intellectual disabilities to |
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197 | 209 | | participate on not less than a half -time basis as |
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198 | 210 | | determined by the institution, with participation |
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199 | 211 | | focusing on academic components, and occurring through |
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200 | 212 | | one or more of the following activities: |
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201 | 213 | | (1) regular enrollment in credit-bearing courses with |
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202 | 214 | | nondisabled students offered by the institution , |
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203 | 215 | | (2) auditing or participating in courses with |
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204 | 216 | | nondisabled students offe red by the institution |
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233 | 246 | | (3) enrollment in noncredit-bearing, nondegree |
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234 | 247 | | courses with nondisa bled students, or |
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235 | 248 | | (4) participation in internsh ips or work-based |
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236 | 249 | | training in settings with nondi sabled |
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237 | 250 | | individuals, and |
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238 | 251 | | e. requires students with intellectual disabilities to be |
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239 | 252 | | socially and academically integrated with non-disabled |
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240 | 253 | | students to the maximu m extent possible; |
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241 | 254 | | 3. "Program" means the Oklahoma Promise Opportunity Scholarship |
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242 | 255 | | program; |
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243 | 256 | | 4. "State educational institution" means any higher education |
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244 | 257 | | institution supported wholly or in part by direct legislative |
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245 | 258 | | appropriations which provides a comprehensive transition and |
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246 | 259 | | postsecondary program for students with intellectual disabilities; |
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247 | 260 | | 5. "State Regents" means the Oklahoma State Regents for Higher |
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248 | 261 | | Education; and |
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249 | 262 | | 6. "Student" means a student with: |
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250 | 263 | | a. a cognitive impairment, characterized by significant |
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251 | 264 | | limitations in intellectual and cognitive functionin g |
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252 | 265 | | and adaptive behavior as expressed in conceptual, |
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253 | 266 | | social, and practical adaptive skills, and |
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283 | 297 | | C. There is hereby created a program to be known as the |
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284 | 298 | | "Oklahoma Promise Opportunity Scholarship". The purpose of the |
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285 | 299 | | program is to provide an award to eligible students who are pursuing |
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286 | 300 | | studies in this stat e at a CTP program, that will relieve students |
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287 | 301 | | from paying nonguaranteed resident tuition at state educational |
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288 | 302 | | institutions. |
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289 | 303 | | D. A student shall be eligible for the Oklahoma Promise |
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290 | 304 | | Opportunity Scholarship program if the student: |
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291 | 305 | | 1. Meets the definition for student provided in paragraph 6 of |
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292 | 306 | | subsection B of this section ; |
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293 | 307 | | 2. Is a resident of this state or enrolled in a school district |
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294 | 308 | | located in this state that serves students wh o reside in both this |
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295 | 309 | | state and an adjacent state pursuant to a contract as au thorized in |
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296 | 310 | | Section 5-117.1 of Title 70 of the Oklahoma Statutes; |
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297 | 311 | | 3. Is a United States citizen or lawfully present in the United |
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298 | 312 | | States. A student who is not a United States c itizen or lawfully |
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299 | 313 | | present in the United States shall not be eligible to parti cipate in |
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300 | 314 | | the program and qualify for an award notwithstanding the provisions |
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301 | 315 | | of Section 3242 of Title 70 of the Oklahoma Statutes; |
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302 | 316 | | 4. Has a record of satisfactory compliance wi th agreements |
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303 | 317 | | executed pursuant to Section 4 of this act ; |
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333 | 348 | | six (6) years an educational program that was provided through a |
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334 | 349 | | means other than a public or private school ; |
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335 | 350 | | 6. Has completed the curricular requirements for admission to a |
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336 | 351 | | state educational institution; |
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337 | 352 | | 7. Has satisfied admission st andards as determined by the State |
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338 | 353 | | Regents for first-time-entering students for the appropriate type o f |
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339 | 354 | | state educational institution; |
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340 | 355 | | 8. Have secured admission t o, and enrolled in, a state |
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341 | 356 | | educational institution that meets the requirements to be eligibl e |
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342 | 357 | | for federal student fi nancial aid; and |
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343 | 358 | | 9. Has established financial need according to the provision s |
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344 | 359 | | of subsection D of Section 4 of this act and standards and |
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345 | 360 | | provisions promulgated by the State Regents. |
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346 | 361 | | E. To retain eligibility in the program, the student shall: |
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347 | 362 | | 1. Meet the requirements for retention and completion as |
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348 | 363 | | established by the state educational institution where the student |
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349 | 364 | | is enrolled; |
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350 | 365 | | 2. Maintain good academic standing and satisfactory aca demic |
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351 | 366 | | progress according to standards of the State Regents; |
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352 | 367 | | 3. Maintain satisfactory academic progress as required for |
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353 | 368 | | eligibility for federal Title I V student financial aid programs ; |
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382 | 398 | | 5. Refrain from conduct that leads to expulsion or suspension |
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383 | 399 | | of more than one (1) semester from a state educational institution. |
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384 | 400 | | A student who violates the provisions of this paragrap h shall |
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385 | 401 | | permanently lose eligibi lity for program benefits. |
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386 | 402 | | F. The State Regents shall promulgate rules relating to |
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387 | 403 | | maintenance of eligibility under the program by a student. |
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388 | 404 | | SECTION 3. NEW LAW A new section of law to be codified |
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389 | 405 | | in the Oklahoma Statutes as Sectio n 2502 of Title 70, unless there |
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390 | 406 | | is created a duplication in numbering, reads as follows: |
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391 | 407 | | A. Subject to the availability of funds, an amount equivalen t |
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392 | 408 | | to the nonguaranteed resident tuition for which an eligible Oklahoma |
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393 | 409 | | Promise Opportunity Scholarship program student is obligated at a |
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394 | 410 | | state educational institution shall be awarded by allocation from |
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395 | 411 | | the Oklahoma Higher Learning Access Trust Fund. |
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396 | 412 | | B. Benefits awarded through the program shall be awarded to all |
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397 | 413 | | eligible student applicants without any lim itation on the number of |
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398 | 414 | | awards in any year other than the amount of funds available for the |
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399 | 415 | | program and the number of eligible applicants. Subject to the |
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400 | 416 | | provisions of subsection D of this section, if funds are not |
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401 | 417 | | sufficient to provide awards for all el igible applicants, the State |
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402 | 418 | | Regents shall make awards on the basis of need . Provided, the State |
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431 | 448 | | C. The State Regents may, at the time an award is made on |
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432 | 449 | | behalf of an Oklahoma Promise Opportunity Scholarship program |
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433 | 450 | | student, set aside in the Oklahoma Higher Learning Access Trust Fund |
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434 | 451 | | funds for the full co mmitment made to the student. For all academic |
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435 | 452 | | years, students who have previously received awards under the |
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436 | 453 | | provisions of the Oklahoma Promise Opportunity Scholarship Act, and |
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437 | 454 | | who have continued at all times to fulfill the requirement s for |
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438 | 455 | | eligibility to receive awards provided pursuant to this program , |
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439 | 456 | | shall be given an absolute prio rity for continued financial support |
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440 | 457 | | by the Oklahoma Promise Opportunity Scholarship program superior to |
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441 | 458 | | any students who are applying for an award for the first time. |
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442 | 459 | | SECTION 4. NEW LAW A new section of law to be codified |
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443 | 460 | | in the Oklahoma Statutes as Section 2503 of Title 70, unless there |
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444 | 461 | | is created a duplication in numbering, reads as follows: |
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445 | 462 | | A. Each school year, the parent or legal guardian of every |
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446 | 463 | | fifth- through eleventh-grade student in the public and private |
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447 | 464 | | schools of this state and students who are educated by other means |
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448 | 465 | | and are in the equivalent of the fifth through eleventh grade, who |
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449 | 466 | | meets the definition for student prov ided in paragraph 6 of |
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450 | 467 | | subsection B of Section 2 of this act , shall be informed of the |
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451 | 468 | | opportunity for acces s to higher learning through the Oklahoma |
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452 | 469 | | Promise Opportunity Scholarship Act. The State Regents and the |
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481 | 499 | | parents aware of the Oklahoma Promise Opportunity Scholarship |
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482 | 500 | | program. |
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483 | 501 | | B. On a form provided by the State Regents, every public school |
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484 | 502 | | district shall designate at least one (1) Oklahoma Promise |
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485 | 503 | | Opportunity Scholarship program contact person, who shall be a |
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486 | 504 | | counselor or teacher, at each public school site in this state in |
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487 | 505 | | which eighth-, ninth-, tenth-, or eleventh-grade classes are taught. |
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488 | 506 | | When requested by the State Reg ents, the Board shall assist the |
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489 | 507 | | State Regents to ensure the designation of contact persons. Private |
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490 | 508 | | schools shall also designate at least one (1) school official as a |
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491 | 509 | | contact person. For students who are educated by other means, a |
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492 | 510 | | parent, legal guardian, or other person approved by the State |
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493 | 511 | | Regents shall be designat ed the contact person. |
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494 | 512 | | C. 1. Students who qualify on the basis of financial need |
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495 | 513 | | according to subsection D or E of this section prior to entering the |
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496 | 514 | | eleventh grade or prior to reaching sixteen (16) years of age and |
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497 | 515 | | who meet the standards and provisions promulgat ed by the State |
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498 | 516 | | Regents, shall be given the opportunity throughout the eighth -, |
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499 | 517 | | ninth-, tenth-, and eleventh-grade years, for students enrolled in a |
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500 | 518 | | public or private school, or betw een thirteen (13) and sixteen (16) |
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501 | 519 | | years of age, for students who are educa ted by other means, to enter |
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531 | 550 | | b. refrain from substance abuse, |
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532 | 551 | | c. refrain from commission of violent crimes, |
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533 | 552 | | d. have school work and school records reviewed by |
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534 | 553 | | mentors designated pursuant to the program, |
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535 | 554 | | e. provide information requested by the State Regents or |
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536 | 555 | | the Board, and |
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537 | 556 | | f. participate in required program activities. |
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538 | 557 | | 2. The contact person shall maintain the agreements, which |
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539 | 558 | | shall be executed on forms provided by the State Regents and managed |
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540 | 559 | | according to regulations promulgated by the State Regents, and the |
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541 | 560 | | contact person shall monitor c ompliance of the student with the |
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542 | 561 | | terms of the agreement. The State Regents are authorized to process |
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543 | 562 | | student agreements and verify compliance with the agreements. |
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544 | 563 | | Students failing to comply with the terms of the agreement shall not |
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545 | 564 | | be eligible for the awards provided in Section 3 of this act. |
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546 | 565 | | D. Except as otherwise provided for in subsection E of this |
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547 | 566 | | section, a student shall not be found to be in financial need for |
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548 | 567 | | purposes of the Oklahoma Promise Opportunity Scholarship Act if: |
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549 | 568 | | 1. At the time the student applies for participation in the |
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550 | 569 | | program during the ei ghth, ninth, or tenth grade for students |
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551 | 570 | | enrolled in a public or private schoo l, or between thirteen (13) and |
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580 | 600 | | a. the federal adjusted gross income of the student's |
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581 | 601 | | parent(s), who have two (2) or fewer dependent |
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582 | 602 | | children, exceeds Sixty-five Thousand Dollars |
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583 | 603 | | ($65,000.00) per year, |
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584 | 604 | | b. the federal adjusted gross income of t he student's |
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585 | 605 | | parent(s), who have three (3) or four (4) dependent |
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586 | 606 | | children, exceeds Seventy -five Thousand Dollars |
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587 | 607 | | ($75,000.00) per year, o r |
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588 | 608 | | c. the federal adjusted gross income of the student 's |
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589 | 609 | | parent(s), who have five (5) or more dependent |
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590 | 610 | | children, exceeds Eighty-five Thousand Dollars |
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591 | 611 | | ($85,000.00) per year; |
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592 | 612 | | 2. At the time the student begins postsecondary education and |
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593 | 613 | | prior to receiving a ny program award, the federal adjusted gross |
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594 | 614 | | income of the student's parent(s) exceeds One Hundred Thousand |
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595 | 615 | | Dollars ($100,000.00) per year; and |
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596 | 616 | | 3. Prior to receiving any program award for any year during |
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597 | 617 | | which the student is enrolled in a state educational institution, |
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598 | 618 | | the federal adjusted gross income of the student 's parent(s) exceeds |
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599 | 619 | | One Hundred Thousand Dollars ($100,000.00) per year. |
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600 | 620 | | The determination of financial qualification provided in |
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601 | 621 | | paragraphs 2 and 3 of this subsection shall be based on the in come |
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630 | 651 | | financial aid purposes, was in the permanent custody of the |
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631 | 652 | | Department of Human Serv ices at the time the student enrolle d in the |
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632 | 653 | | program, or was in the court-ordered custody of a feder ally |
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633 | 654 | | recognized Indian tribe, as defined by the federal Indian Child |
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634 | 655 | | Welfare Act, at the time the student enrolled in the program. |
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635 | 656 | | The State Regents shall review the determination of financial |
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636 | 657 | | qualification provided in paragraph 1 of this subsection if t he |
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637 | 658 | | income from taxable and nontaxable sources of the student's |
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638 | 659 | | parent(s) includes income received from nontaxable military benefits |
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639 | 660 | | or income received from th e federal Social Security Admin istration |
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640 | 661 | | due to the death or disability of the student 's parent(s). If the |
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641 | 662 | | income from taxable and nontaxable sources of the student's |
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642 | 663 | | parent(s), excluding income received from nontaxable military |
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643 | 664 | | benefits or income receive d from the federal Social Secur ity |
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644 | 665 | | Administration due to the death or disability of the student 's |
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645 | 666 | | parent(s), does not exceed the limitations provided in paragraph 1 |
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646 | 667 | | of this subsection, the student shall be determined to have met the |
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647 | 668 | | financial qualification provided in paragraph 1 of this subsection. |
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648 | 669 | | E. 1. A student who was adopted between birth and twelve (12) |
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649 | 670 | | years of age while in the permanent custody of the Department of |
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650 | 671 | | Human Services, in the court-ordered custody of a licensed private |
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651 | 672 | | nonprofit child-placing agency, or federally recogn ized Indian |
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680 | 702 | | Promise Opportunity Scholarship Act if at the time the student |
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681 | 703 | | begins postsecondary education and prior to receiv ing any program |
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682 | 704 | | award, the federal adjusted gross income of the student's parent(s) |
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683 | 705 | | exceeds One Hundred Fifty Thousand Dollars ($150,000 .00) per year. |
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684 | 706 | | 2. A student who was adopted between thirteen (13) and |
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685 | 707 | | seventeen (17) years of age while in the permanen t custody of the |
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686 | 708 | | Department of Human Services, in the court -ordered custody of a |
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687 | 709 | | licensed private nonprofit child-placing agency, or fed erally |
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688 | 710 | | recognized Indian tribe, as defined by the federal Indian Child |
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689 | 711 | | Welfare Act, shall not be found to be in financia l need for purposes |
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690 | 712 | | of the program if at the time the student begins postsecondary |
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691 | 713 | | education and prior to receiving any program award, the federal |
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692 | 714 | | adjusted gross income of the student 's parent(s) exceeds Two Hundred |
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693 | 715 | | Thousand Dollars ($200,000.00) per year . |
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694 | 716 | | 3. The determination of financial qualification provided in |
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695 | 717 | | this subsection shall be based on the income of the student, not the |
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696 | 718 | | income of the parent(s), if the student is determined to be |
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697 | 719 | | independent of the stude nt's parent(s) for federal financial aid |
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698 | 720 | | purposes. A determination of financial qualification shall not be |
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699 | 721 | | required for the student who meets the criteria set forth in this |
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700 | 722 | | subsection at the time the student applies for participation in the |
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701 | 723 | | program. |
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730 | 753 | | contact person or by the State Regents on the agreement form |
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731 | 754 | | provided by the State Regents. The form shall be retained in the |
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732 | 755 | | permanent record of the student and a copy forwarded to the State |
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733 | 756 | | Regents. |
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734 | 757 | | G. Agreements shall be witnessed by the parent or legal |
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735 | 758 | | guardian of the student, who shall further agree to: |
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736 | 759 | | 1. Assist the student in achieving compliance with the |
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737 | 760 | | agreements; |
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738 | 761 | | 2. Confer, when requested to do so, with the school contac t |
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739 | 762 | | person, other school personnel, and program mentors; |
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740 | 763 | | 3. Provide information requested by the State Regents or the |
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741 | 764 | | Board; and |
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742 | 765 | | 4. Assist the student in completing forms and reports required |
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743 | 766 | | for program participati on, making applications to state educational |
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744 | 767 | | institutions, and filing applications for student grants and |
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745 | 768 | | scholarships. |
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746 | 769 | | H. The State Regents shall promulgate rules for the |
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747 | 770 | | determination of student compliance with agreements made pursuant to |
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748 | 771 | | this section. |
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749 | 772 | | I. The State Regents shall designate personnel to coordinate |
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750 | 773 | | tracking of program records for the years when students |
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751 | 774 | | participating in the program are still in th e schools or are being |
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779 | 803 | | persons in the schools, and provide liaison with the Board and local |
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780 | 804 | | organizations and individuals participating in the program. |
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781 | 805 | | J. The school district where an Oklahoma Promise Opportunity |
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782 | 806 | | Scholarship program student is enrolled when the student begins |
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783 | 807 | | participation in the program and any subsequent school district |
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784 | 808 | | where the student enrolls, shall forward information regarding |
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785 | 809 | | participation by the student in the program to the school where the |
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786 | 810 | | student transfers upon request of the school for the student's |
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787 | 811 | | records. |
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788 | 812 | | K. Students participating in the program shall provide their |
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789 | 813 | | Social Security number or their student identification number used |
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790 | 814 | | by their school to the State Regents. The State Regents shall keep |
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791 | 815 | | the numbers confidential and use them only for a dministrative |
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792 | 816 | | purposes. |
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793 | 817 | | SECTION 5. This act shall become effective November 1, 2023. |
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