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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3268 By: Wolfley
AS INTRODUCED
An Act relating to the Oklahoma Higher Learning
Access Program; amending 70 O.S. 2021, Section 2605,
as amended by Section 1, Chapter 40 0, O.S.L. 2022 (70
O.S. Supp. 2023, Section 2605), which relates to
program eligibility; excluding certain tax credit
from income eligibili ty calculation; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
amended by Section 1, Chapter 400, O.S.L. 2022 (70 O.S. Supp. 2023,
Section 2605), is amended to read as follows:
Section 2605. A. Each school year, 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 fift h through eleventh grade shall be apprised,
together with the parent, custodial parent , or guardian of the
student, of the opportu nity for access to higher learnin g under the
Oklahoma Higher Learning Access Program. The Oklahoma State Regents
for Higher Education and the State Board of Education shall deve lop,
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promote, and coordinate a public awareness program to be utilized in
making students and parents aware of the Oklahoma Higher Learning
Access Program.
B. On a form provided by the Oklahoma State Reg ents for Higher
Education, every public school distr ict shall designate at least one
Oklahoma Higher Learning Access 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 Regents, the State Board of Education
shall assist the State Regents to ensure the designation of c ontact
persons. Private schools shall also designate at least one school
official as a contact person. For students who are educated by
other means, a parent or guardian or other person approved by the
State Regents shall be designated the contact person .
C. 1. Students who qualify on the basis of financial need
according to subsection D or E of this section or who meet the
eligibility qualific ation set forth in subparagraph a of paragraph 1
of subsection B of Section 2603 of this title prior to enterin g the
eleventh grade or prior to reaching the age of sixteen (16) and the
standards and provisions promulgated by the Oklahoma State Regents
for Higher Education 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 the ages of
thirteen (13) and sixteen (16), for students who are educated by
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other means, to enter into participation in the program by agreeing
to, throughout the remainder of their school years or educational
program:
a. attend school or an educational program regularly and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinquent acts,
d. have school work and school records reviewed by
mentors designated pursuant to the program,
e. provide information requested by the Oklahoma Stat e
Regents for Higher Education or the State Board of
Education, and
f. participate in program activities.
2. Students who meet the eligibility qualification set forth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of
this title after com pleting the eleventh grade or after reaching the
age of seventeen (17) shall be given the opportunity prior to
reaching the age of twenty-one (21) to enter into participation in
the program and shall execute an agreement with provisions as
determined by the Oklahoma State Regents for Higher Education.
3. The contact person shall maintain the agreements, which
shall be executed on forms provided by the Oklaho ma State Regents
for Higher Education and managed according to regulations
promulgated by the Oklaho ma State Regents for Higher Education, and
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the contact person shall monitor compliance of the student with the
terms of the agreement. The Oklahoma State R egents for Higher
Education 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 awar ds provided
in Section 2604 of this title.
D. Except as otherwise provided for in subsection E of this
section and except for students who qualif y pursuant to subsection B
of Section 2603 of this t itle, a student shall not be found to be in
financial need for purposes of the Oklahoma Higher Learning Access
Program if:
1. At the time the student applies for participation in the
program during the e ighth, ninth, or tenth grade for students
enrolled in a public or private school, or between the ages of
thirteen (13) and fifteen (15), for students who are educated by
other means, the income from taxable and nontaxable sources of the
student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per
year;
2. Beginning with eighth -, ninth-, or tenth-grade students who
are enrolled in a public or private school or students between the
ages of thirteen (13) and fifteen (15) who are educated by other
means who apply for participation in the program in the 2 017-2018
school year, the federal adjusted gross income of the student's
parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
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3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
students who are enrolled in a public or private sch ool or students
between the ages of thirteen (13) and sixt een (16) who are educated
by other means who apply for participation in the program in the
2021-2022 school year, the federal adjusted gross incom e of the
student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
year;
4. Beginning with eighth -, ninth-, tenth-, or eleventh-grade
students who are enrolled in a public or private school or students
between the ages of thirteen (13) and sixteen (16) who are educated
by other means who apply fo r participation in the program in the
2022-2023 school year:
a. the federal adjusted gross income of the student's
parent(s), who have two or fewer dependent children,
exceeds Sixty Thousand Dollars ($ 60,000.00) per year,
b. the federal adjusted gross inco me of the student's
parent(s), who have three or four depe ndent children,
exceeds Seventy Thousand Dollars ($70,000.00) per
year, or
c. the federal adjusted gross income of the student's
parent(s), who have five or more dependent children,
exceeds Eighty Thousand Dollars ($80,000 .00) per year;
5. At the time the student begins postsecondary education and
prior to receiving any Oklahoma Higher Learning Access Program
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benefit award, the federal adjusted gro ss income of the student's
parent(s) exceeds One Hun dred Thousand Dollars ($100,000.00) per
year;
6. Beginning with the 2018-2019 academic year, prior to
receiving any Oklahoma Higher Learning Access Program benefit award
for any year during which the stu dent is enrolled in an institution
which is a member of The Oklahoma State System of Higher Education,
a postsecondary vocational-technical program offered by a technology
center school that meets the requirements to be eligible for federal
student financial aid or a private institution of higher learning
located within this state and accredited pursuant to Section 4103 of
this title, the federal adjusted gross i ncome of the student's
parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
year.
The determination of financial qualification as set fo rth in
paragraphs 5 and 6 of this subsection s hall be based on the income
of the student, not the income of the parent(s), if a student:
a. is determined to be independent of the student 's
parents for federal financial aid purposes,
b. was in the permanent custody of the Department of
Human Services at the time the student enrolled in the
program, or
c. was in the court-ordered custody of a federally
recognized Indian tribe, as defined by the federal
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Indian Child Welfare Act, at the time the student
enrolled in the program.
The provisions of this p aragraph shall apply to any student who
has received an Oklaho ma Higher Learning Access Program benefit
award after the 2017 -2018 school year; and
7. The Oklahoma State Regents for Higher Education shall review
the determination of financial qualifica tion as set forth in
paragraphs 1, 2, 3, and 4 of this subsection if the income from
taxable and nontaxable sources of the student 's parent(s) includes
income received from nontaxable military benefits or income receiv ed
from the federal Social Securit y Administration 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 incom e
received from nontaxable military benefits or inco me received from
the federal Social Security Administration due to the death or
disability of the student's parent(s), does not exceed the
limitations set forth by paragraphs 1, 2, 3, and 4 of this
subsection, the student shall be determined to have met th e
financial qualification set forth in paragraphs 1, 2, 3, and 4 of
this subsection.
8. If a tax credit claimed pursuant to the Oklahoma Parental
Choice Tax Credit Act is classified as taxable income by the
Oklahoma Tax Commission, the Oklahoma State Rege nts for Higher
Education shall not include the claimed tax credit as taxable or
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nontaxable income in determining the income eligibili ty of a
student's parents as provided by this subsection.
E. 1. A student who was adopted between birth and twelve (12)
years of age while in the permanent custody of the Depa rtment 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 o f the Oklahoma Higher
Learning Access Program if at the time the student begi ns
postsecondary education and prior to receiving any Oklahoma H igher
Learning Access Program benefit award, the federal adjusted gross
income of the student 's parent(s) exceeds O ne Hundred Fifty Thousand
Dollars ($150,000.00) per year. The provisions of this paragraph
shall not apply to any student who has received a n Oklahoma Higher
Learning Access Program benefit award prior to the 2012-2013 school
year.
2. A student who was a dopted between thirteen (13 ) and
seventeen (17) years of age while in the pe rmanent custody of the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child-placing agency, or federally
recognized Indian tribe, as def ined by the federal Indian Child
Welfare Act, shall not be found to be in fi nancial need for purposes
of the Oklahoma Higher Learning Access Program if at the time the
student begins postsecondary education and prior to receiving any
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Oklahoma Higher Learni ng Access Program benefit a ward, the federal
adjusted gross income of the st udent's parent(s) exceeds Two Hundred
Thousand Dollars ($200,000. 00) per year. The provisions of this
paragraph shall not apply to any student who has received an
Oklahoma Higher Learning Access Program ben efit award prior to the
2012-2013 school year.
3. Except for students who qualify pursuant to subsection B of
Section 2603 of this title, the determination of financial
qualification as set forth in this subsection shall be base d on the
income of the student, not the income of the parent(s), if the
student is determined to be i ndependent of the student'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 studen t
applies for participatio n in the program. The provisions of thi s
paragraph shall not apply to any student who has received an
Oklahoma Higher Learning Access Program benefit awar d prior to the
2008-2009 school year.
F. The financial qualification of a student as set forth in
subsections D and E of this section shall be certified by the
contact person or by the Oklahoma State Regents for Higher Education
on the agreement form prov ided by the Oklahoma State Regents for
Higher Education. The form shall b e retained in the permanen t
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record of the student and a copy forwar ded to the Oklahoma State
Regents for Higher Education.
G. Agreements shall be witnessed by the parent, custodial
parent, or guardian of the student, who shall further agree to:
1. Assist the student in achievin g compliance with the
agreements;
2. Confer, when requested to do so, with the school contact
person, other school personnel, and program mentors;
3. Provide information requested by the Oklahoma State Regents
for Higher Education or the State Board of Education; and
4. Assist the student in com pleting forms and reports required
for program participation, making applications to institutions and
schools of higher learning, and filing a pplications for student
grants and scholarships.
H. Students who are enrolled in a school district located in
this state that serves students who reside in both this state and an
adjacent state pursuant to a contract as authoriz ed in Section 5-
117.1 of this title, are in the eleventh and twelfth grades during
the 2006-2007 school year, and who were denied participati on in the
program shall be allowed to enter or reenter into participation in
the program by entering into agreement s as set forth in subsectio ns
C and D of this section by June 1, 200 8.
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I. The Oklahoma State Regents for Higher Education shall
promulgate rules for the determination of student compliance with
agreements made pursuant to this section.
J. The Oklahoma State Regents for Higher Educ ation shall
designate personnel to coor dinate tracking of program records for
the years when students participatin g in the program are still in
the schools or are being educated by other means, provide staff
development for conta ct persons in the schools, and provide liaison
with the State Board of Education and local o rganizations and
individuals participating in the program.
K. The school district where an Oklahoma Higher Learning Access
Program student is enrolled when the stu dent begins participation i n
the program and any subsequent schoo l district where the stude nt
enrolls shall forward information regarding par ticipation by the
student in the program to a school to which the student transfers
upon the request of the school for the records of the stud ent.
L. Students participating in th e Oklahoma Higher Learning
Access Program shall provide their Social Security number or their
student identification number used by their school to the Oklahoma
State Regents for Higher Educat ion. The Regents shall kee p the
numbers confidential and use th em only for administrative purposes.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9323 EK 01/11/24