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ENGROSSED HOUSE
BILL NO. 2718 By: Hefner, McBride, Waldron,
Dollens, and Schreiber of
the House
and
Montgomery of the Senate
[ higher education - Oklahoma Higher Learning Access
Trust Fund - administrative expenses - Oklahoma
Promise Opportunity Scholarship Act - defining
terms – program - requirements – rules - award –
applicants - funds – students – person – program -
need - witnessed – rules – transfers – number –
purposes - codification - effective date ]
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 sha ll be the trustees of
said Trust Fund.
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B. The State Regents shall utilize said Trust Fund to implement
the provisions of Sections 2601 through 2605 of this title and
Sections 2 through 4 of this act.
C. The Trust Fund principal shall consist of monies th e
Legislature appropriates or transfers to the Oklahoma St ate Regents
for Higher Education for the Trust Fund and any monies or assets
contributed to the Trust Fund from any other sour ce, public or
private. All monies accruing to the credit of said fund a re hereby
appropriated and may be budgeted and expended by the State Regents.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims file d as prescribed by l aw 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 Trust Fund principal shall accrue to the Trust
Fund for use as provided by autho rization of the trustees for the
purposes provided in Sections 2601 through 2605 of this title and
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
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Access Program established by the Oklahoma Higher Learning Access
Act and of the Oklahoma Promise Opportunity Scholarship program
established by the Oklahoma Promise Opportunity Scholarship Act
shall be paid from monies a ppropriated to the State Regents
coordinating board for their g eneral operating budget.
E. The Regents shall adopt rules for ac complishing transfer of
funds from the Oklahoma Higher Learning Access Trust Fund to the
appropriate institutional Educational a nd General Operations
Revolving Funds, as provided in Section 3 901 of this title, to
private institutions, and to the appropriat e technology center
school district to cover general enrollment fees or tuition for
eligible students pursua nt to the Oklahoma H igher Learning Access
Act and the Oklahoma Promise Opportunity Scholarship 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 th e Trust Fund may be used or allocated for
administrative or opera ting 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 Secti on 2501 of Title 70, unless there
is created a duplication in num bering, reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
Promise Opportunity Scholarship Act".
B. As used in the Oklahoma Promise Opportunity Scholarship Act:
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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, o r nondegree program that meets each of the
following:
a. is offered by a state educational institution,
b. is designed to support stud ents 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 structu re,
d. requires students with intellectual disabilities to
participate on not less than a half -time basis as
determined by the institution, with participation
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,
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(3) enrollment in noncredit-bearing, nondegree
courses with nondisa bled students, or
(4) participation in internsh ips 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 maximu m extent possible;
3. "Program" means the Oklahoma Promise Opportunity Scholarship
program;
4. "State educational institution" 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:
a. a cognitive impairment, characterized by significant
limitations in intellectual and cognitive functionin g
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.
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C. There is hereby created a program to be known as the
"Oklahoma Promise Opportunity Scholarship". The purpose of the
program is to provide an award to eligible students who are pursuing
studies in this stat e at a CTP program, that will relieve students
from paying nonguaranteed resident tuition at state educational
institutions.
D. A student shall be eligible for the Oklahoma Promise
Opportunity Scholarship program 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 that serves students wh o reside in both this
state and an adjacent state pursuant to a contract as au thorized 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 c itizen or lawfully
present in the United States shall not be eligible to parti cipate in
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 wi th 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
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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 st andards as determined by the State
Regents for first-time-entering students for the appropriate type o f
state educational institution;
8. Have secured admission t o, and enrolled in, a state
educational institution that meets the requirements to be eligibl e
for federal student fi nancial aid; and
9. Has established financial need according to the provision s
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;
2. Maintain good academic standing and satisfactory aca demic
progress according to standards of the State Regents;
3. Maintain satisfactory academic progress as required for
eligibility for federal Title I V student financial aid programs ;
4. Comply with the standards rela ted to maintenance of
eligibility as promulgated by the State Regents; and
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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 equivalen t
to the nonguaranteed resident tuition for which an eligible Oklahoma
Promise Opportunity Scholarship program student is obligated at a
state educational institution shall be awarded by allocation from
the Oklahoma Higher Learning Access Trust Fund.
B. Benefits awarded through the program 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. Subject to the
provisions of subsection D of this section, if funds are not
sufficient to provide 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 sc holarships
received by an eligible applicant when making awards.
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C. The State Regents may, at the time an award is made on
behalf of an Oklahoma Promise Opportunity Scholarship program
student, set aside in the Oklahoma Higher Learning Access Trust Fund
funds for the full co mmitment made to the student. For all academic
years, students who have previously received awards under the
provisions of the Oklahoma Promise Opportunity Scholarship Act, and
who have continued at all times to fulfill the requirement s for
eligibility to receive awards provided pursuant to this program ,
shall be given an absolute prio rity for continued financial support
by the Oklahoma Promise Opportunity Scholarship program 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 numbering, 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 students who are educated by other means
and are in the equivalent of the fifth through eleventh grade, who
meets the definition for student prov ided in paragraph 6 of
subsection B of Section 2 of this act , shall be informed of the
opportunity for acces s to higher learning through the Oklahoma
Promise Opportunity Scholarship Act. The State Regents and the
State Board of Education shall develop, pr omote, and coordinate a
public awareness program to be utilized in making students and
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parents aware of the Oklahoma Promise Opportunity Scholarship
program.
B. On a form provided by the State Regents, every public school
district shall designate at least one (1) Oklahoma Promise
Opportunity Scholarship program contact person, who shall be a
counselor or teacher, at each public school site in this state in
which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
When requested by the State Reg ents, 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
who 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 betw een thirteen (13) and sixteen (16)
years of age, for students who are educa ted by other means, to enter
into participation in the program by agreeing, throughout the
remainder of their school years or educational program, to:
a. attend school or an educati onal program regularly ,
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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 compliance with the agreements.
Students failing to comply with the terms of the agreement shall 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 the Oklahoma Promise Opportunity Scholarship Act if:
1. At the time the student applies for participation in the
program during the ei ghth, ninth, or tenth grade for students
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:
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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, o r
c. the federal adjusted gross income of the student 's
parent(s), who have five (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 a ny program award, the federal adjusted gross
income of the student's parent(s) exceeds One Hundred Thousand
Dollars ($100,000.00) per year; and
3. Prior to receiving any program award for any year during
which the student is enrolled 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.
The determination of financial qualification provided in
paragraphs 2 and 3 of this subsection shall be based on the in come
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
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financial aid purposes, was in the permanent custody of the
Department of Human Serv ices at the time the student enrolle d 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 student 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 from nontaxable military benefits
or income received from th e 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 received from nontaxable military
benefits or income receive d 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
Human Services, in the court-ordered custody of a licensed private
nonprofit child-placing agency, or federally recogn ized Indian
tribe, as defined by the federal Indian Child We lfare Act, shall not
be found to be in financial need for purposes of the Oklahoma
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Promise Opportunity Scholarship Act if at the time the student
begins postsecondary education and prior to receiv ing any program
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 permanen t custody of the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child-placing agency, or fed erally
recognized Indian tribe, as defined by the federal Indian Child
Welfare Act, shall not be found to be in financia l need for purposes
of the program if at the time the student begins postsecondary
education and prior to receiving any program 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 student, not the
income of the parent(s), if the student is determined to be
independent of the stude nt's parent(s) for federal financial aid
purposes. A determination of financial qualification shall not be
required for the student who meets the criteria set 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
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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 participati on, making applications to state educational
institutions, and filing applications 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.
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
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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 Promise Opportunity
Scholarship program student is enrolled when the student begins
participation in the program and any subsequent school district
where 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 the program shall provide their
Social Security number 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 a dministrative
purposes.
SECTION 5. This act shall become effective November 1, 2023.
Passed the House of Representatives the 22nd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate