Oklahoma 2024 Regular Session

Oklahoma House Bill HB2718 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 2718 By: Hefner, McBride, Waldron,
30-Dollens, and Schreiber of
31-the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 59th Legislature (2023)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 2718 By: Hefner, McBride, Waldron,
38+and Dollens of the House
3239
3340 and
3441
3542 Montgomery of the Senate
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3845
46+
47+COMMITTEE SUBSTITUTE
3948
4049 [ higher education - Oklahoma Higher Learning Access
4150 Trust Fund - administrative expenses - Oklahoma
4251 Promise Opportunity Scholarship Act - defining
4352 terms – program - requirements – rules - award –
4453 applicants - funds – students – person – program -
4554 need - witnessed – rules – transfers – number –
4655 purposes - codification - effective date ]
4756
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5160 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5261 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3953.1, is
5362 amended to read as follows:
5463 Section 3953.1 A. There is hereby created a trust fund to be
5564 known as the "Oklahoma Higher Learning Access Trust Fund". The
56-Oklahoma State Regents for Higher Education sha ll be the trustees of
57-said Trust Fund.
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92+Oklahoma State Regents for Higher Education sha ll be the trustees of
93+said Trust Fund.
8494 B. The State Regents shall utilize said Trust Fund to implement
8595 the provisions of Sections 2601 through 2605 of this title and
8696 Sections 2 through 4 of this act.
8797 C. The Trust Fund principal shall consist of monies th e
8898 Legislature appropriates or transfers to the Oklahoma St ate Regents
8999 for Higher Education for the Trust Fund and any monies or assets
90100 contributed to the Trust Fund from any other sour ce, public or
91101 private. All monies accruing to the credit of said fund a re hereby
92102 appropriated and may be budgeted and expended by the State Regents.
93103 Expenditures from said fund shall be made upon warrants issued by
94104 the State Treasurer against claims file d as prescribed by l aw with
95105 the Director of the Office of Management and Enterprise Services for
96106 approval and payment.
97107 D. Notwithstanding other provisions of law, income and
98108 investment return on Trust Fund principal shall accrue to the Trust
99109 Fund for use as provided by autho rization of the trustees for the
100110 purposes provided in Sections 2601 through 2605 of this title and
101111 Sections 2 through 4 of this act. The State Regents may also
102112 utilize the Trust Fund principal for the purposes provided in
103113 Sections 2601 through 2605 of this title and Sections 2 through 4 of
104114 this act. Except as otherwise provided by law, no such income or
105115 investment return or principal shall be used for administrative
106-expenses; expenses incurred by the St ate Regents in the
107-administration of the Trust Fund and of the Oklahoma Higher Learning
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143+expenses; expenses incurred by the St ate Regents in the
144+administration of the Trust Fund and of the Oklahoma Higher Learning
134145 Access Program established by the Oklahoma Higher Learning Access
135146 Act and of the Oklahoma Promise Opportunity Scholarship program
136147 established by the Oklahoma Promise Opportunity Scholarship Act
137148 shall be paid from monies a ppropriated to the State Regents
138149 coordinating board for their g eneral operating budget.
139150 E. The Regents shall adopt rules for ac complishing transfer of
140151 funds from the Oklahoma Higher Learning Access Trust Fund to the
141152 appropriate institutional Educational a nd General Operations
142153 Revolving Funds, as provided in Section 3 901 of this title, to
143154 private institutions, and to the appropriat e technology center
144155 school district to cover general enrollment fees or tuition for
145156 eligible students pursua nt to the Oklahoma H igher Learning Access
146157 Act and the Oklahoma Promise Opportunity Scholarship Act.
147158 Allocations from the Trust Fund may be made only for the purpose of
148159 covering the general enrollment fees or tuition of eligible
149160 students. No portion of th e Trust Fund may be used or allocated for
150161 administrative or opera ting expenses of any higher education
151162 institution or technology center school.
152163 SECTION 2. NEW LAW A new section of law to be codified
153164 in the Oklahoma Statutes as Secti on 2501 of Title 70, unless there
154165 is created a duplication in num bering, reads as follows:
155-A. This act shall be known and may be cited as the "Oklahoma
156-Promise Opportunity Scholarship Act".
157-B. As used in the Oklahoma Promise Opportunity Scholarship Act:
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193+A. This act shall be known and may be cited as the "Oklahoma
194+Promise Opportunity Scholarship Act".
195+B. As used in the Oklahoma Promise Opportunity Scholarship Act:
184196 1. "Board" means the State Board of Education;
185197 2. "Comprehensive transition and postsecondary program for
186198 students with intellectual disabilities " or "CTP program" means a
187199 degree, certificate, o r nondegree program that meets each of the
188200 following:
189201 a. is offered by a state educational institution,
190202 b. is designed to support stud ents with intellectual
191203 disabilities who are seeking to continue academic,
192204 career and technical, and independent living
193205 instruction at a state educational institution in
194206 order to prepare for gainful employment,
195207 c. includes an advising and curriculum structu re,
196208 d. requires students with intellectual disabilities to
197209 participate on not less than a half -time basis as
198210 determined by the institution, with participation
199211 focusing on academic components, and occurring through
200212 one or more of the following activities:
201213 (1) regular enrollment in credit-bearing courses with
202214 nondisabled students offered by the institution ,
203215 (2) auditing or participating in courses with
204216 nondisabled students offe red by the institution
205-for which the student does not receive regular
206-academic credit,
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244+for which the student does not receive regular
245+academic credit,
233246 (3) enrollment in noncredit-bearing, nondegree
234247 courses with nondisa bled students, or
235248 (4) participation in internsh ips or work-based
236249 training in settings with nondi sabled
237250 individuals, and
238251 e. requires students with intellectual disabilities to be
239252 socially and academically integrated with non-disabled
240253 students to the maximu m extent possible;
241254 3. "Program" means the Oklahoma Promise Opportunity Scholarship
242255 program;
243256 4. "State educational institution" means any higher education
244257 institution supported wholly or in part by direct legislative
245258 appropriations which provides a comprehensive transition and
246259 postsecondary program for students with intellectual disabilities;
247260 5. "State Regents" means the Oklahoma State Regents for Higher
248261 Education; and
249262 6. "Student" means a student with:
250263 a. a cognitive impairment, characterized by significant
251264 limitations in intellectual and cognitive functionin g
252265 and adaptive behavior as expressed in conceptual,
253266 social, and practical adaptive skills, and
254-b. who is currently, or was formerly, eligible for a free
255-appropriate public education under the federal
256-Individuals with Disabilities Education Act.
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294+b. who is currently, or was formerly, eligible for a free
295+appropriate public education under the federal
296+Individuals with Disabilities Education Act.
283297 C. There is hereby created a program to be known as the
284298 "Oklahoma Promise Opportunity Scholarship". The purpose of the
285299 program is to provide an award to eligible students who are pursuing
286300 studies in this stat e at a CTP program, that will relieve students
287301 from paying nonguaranteed resident tuition at state educational
288302 institutions.
289303 D. A student shall be eligible for the Oklahoma Promise
290304 Opportunity Scholarship program if the student:
291305 1. Meets the definition for student provided in paragraph 6 of
292306 subsection B of this section ;
293307 2. Is a resident of this state or enrolled in a school district
294308 located in this state that serves students wh o reside in both this
295309 state and an adjacent state pursuant to a contract as au thorized in
296310 Section 5-117.1 of Title 70 of the Oklahoma Statutes;
297311 3. Is a United States citizen or lawfully present in the United
298312 States. A student who is not a United States c itizen or lawfully
299313 present in the United States shall not be eligible to parti cipate in
300314 the program and qualify for an award notwithstanding the provisions
301315 of Section 3242 of Title 70 of the Oklahoma Statutes;
302316 4. Has a record of satisfactory compliance wi th agreements
303317 executed pursuant to Section 4 of this act ;
304-5. Has graduated within the previous six (6) years from a
305-public high school accredited by the St ate Board of Education or a
306-private school, or has satisfactorily completed within the previous
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345+5. Has graduated within the previous six (6) years from a
346+public high school accredited by the St ate Board of Education or a
347+private school, or has satisfactorily completed within the previous
333348 six (6) years an educational program that was provided through a
334349 means other than a public or private school ;
335350 6. Has completed the curricular requirements for admission to a
336351 state educational institution;
337352 7. Has satisfied admission st andards as determined by the State
338353 Regents for first-time-entering students for the appropriate type o f
339354 state educational institution;
340355 8. Have secured admission t o, and enrolled in, a state
341356 educational institution that meets the requirements to be eligibl e
342357 for federal student fi nancial aid; and
343358 9. Has established financial need according to the provision s
344359 of subsection D of Section 4 of this act and standards and
345360 provisions promulgated by the State Regents.
346361 E. To retain eligibility in the program, the student shall:
347362 1. Meet the requirements for retention and completion as
348363 established by the state educational institution where the student
349364 is enrolled;
350365 2. Maintain good academic standing and satisfactory aca demic
351366 progress according to standards of the State Regents;
352367 3. Maintain satisfactory academic progress as required for
353368 eligibility for federal Title I V student financial aid programs ;
354-4. Comply with the standards rela ted to maintenance of
355-eligibility as promulgated by the State Regents; and
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396+4. Comply with the standards rela ted to maintenance of
397+eligibility as promulgated by the State Regents; and
382398 5. Refrain from conduct that leads to expulsion or suspension
383399 of more than one (1) semester from a state educational institution.
384400 A student who violates the provisions of this paragrap h shall
385401 permanently lose eligibi lity for program benefits.
386402 F. The State Regents shall promulgate rules relating to
387403 maintenance of eligibility under the program by a student.
388404 SECTION 3. NEW LAW A new section of law to be codified
389405 in the Oklahoma Statutes as Sectio n 2502 of Title 70, unless there
390406 is created a duplication in numbering, reads as follows:
391407 A. Subject to the availability of funds, an amount equivalen t
392408 to the nonguaranteed resident tuition for which an eligible Oklahoma
393409 Promise Opportunity Scholarship program student is obligated at a
394410 state educational institution shall be awarded by allocation from
395411 the Oklahoma Higher Learning Access Trust Fund.
396412 B. Benefits awarded through the program shall be awarded to all
397413 eligible student applicants without any lim itation on the number of
398414 awards in any year other than the amount of funds available for the
399415 program and the number of eligible applicants. Subject to the
400416 provisions of subsection D of this section, if funds are not
401417 sufficient to provide awards for all el igible applicants, the State
402418 Regents shall make awards on the basis of need . Provided, the State
403-Regents may take into consideration other grants and sc holarships
404-received by an eligible applicant when making awards.
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446+Regents may take into consideration other grants and sc holarships
447+received by an eligible applicant when making awards.
431448 C. The State Regents may, at the time an award is made on
432449 behalf of an Oklahoma Promise Opportunity Scholarship program
433450 student, set aside in the Oklahoma Higher Learning Access Trust Fund
434451 funds for the full co mmitment made to the student. For all academic
435452 years, students who have previously received awards under the
436453 provisions of the Oklahoma Promise Opportunity Scholarship Act, and
437454 who have continued at all times to fulfill the requirement s for
438455 eligibility to receive awards provided pursuant to this program ,
439456 shall be given an absolute prio rity for continued financial support
440457 by the Oklahoma Promise Opportunity Scholarship program superior to
441458 any students who are applying for an award for the first time.
442459 SECTION 4. NEW LAW A new section of law to be codified
443460 in the Oklahoma Statutes as Section 2503 of Title 70, unless there
444461 is created a duplication in numbering, reads as follows:
445462 A. Each school year, the parent or legal guardian of every
446463 fifth- through eleventh-grade student in the public and private
447464 schools of this state and students who are educated by other means
448465 and are in the equivalent of the fifth through eleventh grade, who
449466 meets the definition for student prov ided in paragraph 6 of
450467 subsection B of Section 2 of this act , shall be informed of the
451468 opportunity for acces s to higher learning through the Oklahoma
452469 Promise Opportunity Scholarship Act. The State Regents and the
453-State Board of Education shall develop, pr omote, and coordinate a
454-public awareness program to be utilized in making students and
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497+State Board of Education shall develop, pr omote, and coordinate a
498+public awareness program to be utilized in making students and
481499 parents aware of the Oklahoma Promise Opportunity Scholarship
482500 program.
483501 B. On a form provided by the State Regents, every public school
484502 district shall designate at least one (1) Oklahoma Promise
485503 Opportunity Scholarship program contact person, who shall be a
486504 counselor or teacher, at each public school site in this state in
487505 which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
488506 When requested by the State Reg ents, the Board shall assist the
489507 State Regents to ensure the designation of contact persons. Private
490508 schools shall also designate at least one (1) school official as a
491509 contact person. For students who are educated by other means, a
492510 parent, legal guardian, or other person approved by the State
493511 Regents shall be designat ed the contact person.
494512 C. 1. Students who qualify on the basis of financial need
495513 according to subsection D or E of this section prior to entering the
496514 eleventh grade or prior to reaching sixteen (16) years of age and
497515 who meet the standards and provisions promulgat ed by the State
498516 Regents, shall be given the opportunity throughout the eighth -,
499517 ninth-, tenth-, and eleventh-grade years, for students enrolled in a
500518 public or private school, or betw een thirteen (13) and sixteen (16)
501519 years of age, for students who are educa ted by other means, to enter
502-into participation in the program by agreeing, throughout the
503-remainder of their school years or educational program, to:
504-a. attend school or an educati onal program regularly ,
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547+into participation in the program by agreeing, throughout the
548+remainder of their school years or educational program, to:
549+a. attend school or an educati onal program regularly ,
531550 b. refrain from substance abuse,
532551 c. refrain from commission of violent crimes,
533552 d. have school work and school records reviewed by
534553 mentors designated pursuant to the program,
535554 e. provide information requested by the State Regents or
536555 the Board, and
537556 f. participate in required program activities.
538557 2. The contact person shall maintain the agreements, which
539558 shall be executed on forms provided by the State Regents and managed
540559 according to regulations promulgated by the State Regents, and the
541560 contact person shall monitor c ompliance of the student with the
542561 terms of the agreement. The State Regents are authorized to process
543562 student agreements and verify compliance with the agreements.
544563 Students failing to comply with the terms of the agreement shall not
545564 be eligible for the awards provided in Section 3 of this act.
546565 D. Except as otherwise provided for in subsection E of this
547566 section, a student shall not be found to be in financial need for
548567 purposes of the Oklahoma Promise Opportunity Scholarship Act if:
549568 1. At the time the student applies for participation in the
550569 program during the ei ghth, ninth, or tenth grade for students
551570 enrolled in a public or private schoo l, or between thirteen (13) and
552-fifteen (15) years of age for students who are educated by other
553-means:
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598+fifteen (15) years of age for students who are educated by other
599+means:
580600 a. the federal adjusted gross income of the student's
581601 parent(s), who have two (2) or fewer dependent
582602 children, exceeds Sixty-five Thousand Dollars
583603 ($65,000.00) per year,
584604 b. the federal adjusted gross income of t he student's
585605 parent(s), who have three (3) or four (4) dependent
586606 children, exceeds Seventy -five Thousand Dollars
587607 ($75,000.00) per year, o r
588608 c. the federal adjusted gross income of the student 's
589609 parent(s), who have five (5) or more dependent
590610 children, exceeds Eighty-five Thousand Dollars
591611 ($85,000.00) per year;
592612 2. At the time the student begins postsecondary education and
593613 prior to receiving a ny program award, the federal adjusted gross
594614 income of the student's parent(s) exceeds One Hundred Thousand
595615 Dollars ($100,000.00) per year; and
596616 3. Prior to receiving any program award for any year during
597617 which the student is enrolled in a state educational institution,
598618 the federal adjusted gross income of the student 's parent(s) exceeds
599619 One Hundred Thousand Dollars ($100,000.00) per year.
600620 The determination of financial qualification provided in
601621 paragraphs 2 and 3 of this subsection shall be based on the in come
602-of the student, not the income of the parent(s), if a student is
603-determined to be independent of the student's parents for federal
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649+of the student, not the income of the parent(s), if a student is
650+determined to be independent of the student's parents for federal
630651 financial aid purposes, was in the permanent custody of the
631652 Department of Human Serv ices at the time the student enrolle d in the
632653 program, or was in the court-ordered custody of a feder ally
633654 recognized Indian tribe, as defined by the federal Indian Child
634655 Welfare Act, at the time the student enrolled in the program.
635656 The State Regents shall review the determination of financial
636657 qualification provided in paragraph 1 of this subsection if t he
637658 income from taxable and nontaxable sources of the student's
638659 parent(s) includes income received from nontaxable military benefits
639660 or income received from th e federal Social Security Admin istration
640661 due to the death or disability of the student 's parent(s). If the
641662 income from taxable and nontaxable sources of the student's
642663 parent(s), excluding income received from nontaxable military
643664 benefits or income receive d from the federal Social Secur ity
644665 Administration due to the death or disability of the student 's
645666 parent(s), does not exceed the limitations provided in paragraph 1
646667 of this subsection, the student shall be determined to have met the
647668 financial qualification provided in paragraph 1 of this subsection.
648669 E. 1. A student who was adopted between birth and twelve (12)
649670 years of age while in the permanent custody of the Department of
650671 Human Services, in the court-ordered custody of a licensed private
651672 nonprofit child-placing agency, or federally recogn ized Indian
652-tribe, as defined by the federal Indian Child We lfare Act, shall not
653-be found to be in financial need for purposes of the Oklahoma
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700+tribe, as defined by the federal Indian Child We lfare Act, shall not
701+be found to be in financial need for purposes of the Oklahoma
680702 Promise Opportunity Scholarship Act if at the time the student
681703 begins postsecondary education and prior to receiv ing any program
682704 award, the federal adjusted gross income of the student's parent(s)
683705 exceeds One Hundred Fifty Thousand Dollars ($150,000 .00) per year.
684706 2. A student who was adopted between thirteen (13) and
685707 seventeen (17) years of age while in the permanen t custody of the
686708 Department of Human Services, in the court -ordered custody of a
687709 licensed private nonprofit child-placing agency, or fed erally
688710 recognized Indian tribe, as defined by the federal Indian Child
689711 Welfare Act, shall not be found to be in financia l need for purposes
690712 of the program if at the time the student begins postsecondary
691713 education and prior to receiving any program award, the federal
692714 adjusted gross income of the student 's parent(s) exceeds Two Hundred
693715 Thousand Dollars ($200,000.00) per year .
694716 3. The determination of financial qualification provided in
695717 this subsection shall be based on the income of the student, not the
696718 income of the parent(s), if the student is determined to be
697719 independent of the stude nt's parent(s) for federal financial aid
698720 purposes. A determination of financial qualification shall not be
699721 required for the student who meets the criteria set forth in this
700722 subsection at the time the student applies for participation in the
701723 program.
702-F. The financial qualification of a student provided in
703-subsections D and E of this section shall be certified by the
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751+F. The financial qualification of a student provided in
752+subsections D and E of this section shall be certified by the
730753 contact person or by the State Regents on the agreement form
731754 provided by the State Regents. The form shall be retained in the
732755 permanent record of the student and a copy forwarded to the State
733756 Regents.
734757 G. Agreements shall be witnessed by the parent or legal
735758 guardian of the student, who shall further agree to:
736759 1. Assist the student in achieving compliance with the
737760 agreements;
738761 2. Confer, when requested to do so, with the school contac t
739762 person, other school personnel, and program mentors;
740763 3. Provide information requested by the State Regents or the
741764 Board; and
742765 4. Assist the student in completing forms and reports required
743766 for program participati on, making applications to state educational
744767 institutions, and filing applications for student grants and
745768 scholarships.
746769 H. The State Regents shall promulgate rules for the
747770 determination of student compliance with agreements made pursuant to
748771 this section.
749772 I. The State Regents shall designate personnel to coordinate
750773 tracking of program records for the years when students
751774 participating in the program are still in th e schools or are being
752-educated by other means, provide staff development for contact
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802+educated by other means, provide staff development for contact
779803 persons in the schools, and provide liaison with the Board and local
780804 organizations and individuals participating in the program.
781805 J. The school district where an Oklahoma Promise Opportunity
782806 Scholarship program student is enrolled when the student begins
783807 participation in the program and any subsequent school district
784808 where the student enrolls, shall forward information regarding
785809 participation by the student in the program to the school where the
786810 student transfers upon request of the school for the student's
787811 records.
788812 K. Students participating in the program shall provide their
789813 Social Security number or their student identification number used
790814 by their school to the State Regents. The State Regents shall keep
791815 the numbers confidential and use them only for a dministrative
792816 purposes.
793817 SECTION 5. This act shall become effective November 1, 2023.
794-Passed the House of Representatives the 22nd day of March, 2023.
795818
796-
797-
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799- Presiding Officer of the House
800- of Representatives
801-
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804-Passed the Senate the ___ day of __________, 2023.
805-
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808-
809- Presiding Officer of the Senate
810-
819+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
820+03/02/2023 - DO PASS, As Amended and Coauthored.