Req. No. 8417 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legisl ature (2024) HOUSE BILL 3792 By: Hefner and McBride AS INTRODUCED An Act relating to higher education; creating th e Oklahoma Opportunity Scholarship Act; defining terms; creating the Oklahoma Opportunity Scholarship Program; providing purpose of program; providing for award amount; providing eligibility criteria for program; providing retention eligibility criteria for program; providing for promulgation of rules; providing for calculation of scholarship program award to be allocated from certain fund; dire cting benefits to be awarded to certain eligible applicants subject to availability of funding and the number of eligible applicants; directing the Oklahoma State Regents for Higher Education to make awards on a certain basis if certain funds are insufficient; allowing the State Regents to take into consideration certain grants and scholarships; prohibiting award from being allowed for certain courses or units taken after certain period of time; allowing award for certain courses or units taken after certain period of time under certain circumstances; allowing the State Regents to set aside certain funds for certain full commitment; directing priority to be given to certain continued support; providing for calculation of financial need; amending 70 O.S. 2021, Section 3953.1, which relates to the Oklahoma Higher Learning Access Trust Fund; updating statutory language; expanding use of fund for certain pur pose; providing for codification; providing an effective date; and declaring an emergency . Req. No. 8417 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2501 of Title 70, unless there is created a duplication in numbering, reads as follows: A. This act shall be known and may be cited as the “Oklahoma Opportunity Scholarship Act”. B. As used in this act: 1. “CTP program” means a degree, certificate, or nondegree program that: a. is offered by an institution of higher education or a technology center school , b. is delivered to students physically attending the institution of higher education or technology center school, c. is designed to support students wi th intellectual disabilities who are seeking to continue academic, career and technical, and independent l iving instruction at an institution of higher education or technology center school to prepare for gainful employment, d. includes an advising and cur riculum structure, e. requires students with intellectua l disabilities to participate on not less than a half-time basis as determined by the institution of higher education or Req. No. 8417 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 technology center school , with participation focusi ng on academic components an d occurring through one or more of the following activities: (1) regular enrollment in credit -bearing courses with nondisabled students offered by the institution of higher education or technology center school , (2) auditing or participating in courses wit h nondisabled students offered by the institution for higher education or technology center school for which the student does not receive regular academic credit, (3) enrollment in noncredit-bearing, nondegree courses with nondisabled students, or (4) participation in internship s or work-based training in settings with nondisabled persons, f. requires students with intellectual disabilities to be socially and academically integra ted with nondisabled students to the maximum exten t possible, and g. is approved by the United State s Department of Education pursuant to Public Law 110-315, the Higher Education Opportunity Act, as amended ; 2. “Eligible student” means a student with an intellectual disability who is eligible for the sc holarship program; Req. No. 8417 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. “Scholarship program” means the Oklahoma Opportunity Scholarship Program; 4. “State educational institution ” means an institution of higher education or technology center school supported wholly or in part by direct legislative appropriati ons that provides a CTP program; 5. “State Regents” means the Oklahoma State Regents for Higher Education; and 6. “Student with an intellectual disability” means a student: a. with a cognitive impairment, characterized by significant limitations in intel lectual and cognitive functioning and adapt ive 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 Individuals with Disabilities Educ ation Act (IDEA), including a student who was determined eligible for special education or related services under IDEA but attended a private school or was educated pursuant to the other means of education exception provided for in subsection A of Section 10-105 of Title 70 of the Oklahoma Statutes. C. There is hereby created a program to be known a s the Oklahoma Opportunity Scholarship Program. The purpose of the Req. No. 8417 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 scholarship program is to provide an award to eligible st udents with intellectual disabilities who are p ursuing studies in thi s state at a CTP program. The award shall be an amount e qual to the nonguaranteed resident tuition at an institution of higher education or the tuition at a technology center school . D. A student with an intellectual disability shal l be eligible for the Oklahoma Opportunity Scholarship Program if the s tudent: 1. Is a resident of this state or enrolled in a school district located in this state that serv es students who reside in both this state and an adjacent state pursuant to a contract authorized by Section 5-117.1 of Title 70 of the Oklahoma Statutes; 2. Is a United States citizen or lawfully present in the United States. A student who is not a United States citizen or lawfully present in the United States shall not be eligible to participate in the scholarship program and qualify for an award; 3. Has graduated within the previous six (6) years from a public high school accredited by the S tate Board of Education or a private school, or has s atisfactorily completed , within the previous six (6) years, an educational program that was provided through a means other than a public or private school; 4. Has secured admission to and enrolled in a CTP program at a state educational institution that meets the requirements to be eligible for federal student financial aid; and Req. No. 8417 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Has established financial need ac cording to the provisions of Section 3 of this act and standards and provisions promulgated by the State Regents. E. To retain eligibility in the scholarship program, a student with an intellectual disability shall: 1. Meet the requirements for retention and completion as established by the state educational institution where the student is enrolled; 2. Maintain satisfactory aca demic progress as re quired by the CTP program criteria; 3. Comply with the standards related to maintenance of eligibility as promulgated by the State Regents; and 4. Refrain from conduct that leads to exp ulsion or suspension of more than one semester from a state edu cational institution . A student who violates the provisions of this paragraph shall permanently lose eligibility for scholarship program benefits. F. The State Regents shall promulgate rules relating to the establishment and maintenance of eligibility under th e scholarship program. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2502 of Title 70, unless there is created a duplication in numbering, reads as follows: A. Subject to the availability of funds, an amount equivalent to the nonguaranteed resident tuition at an institution of higher Req. No. 8417 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 education or the tuition at a technology center school where the eligible student is enrolled in a CTP program shall be awarded by allocation from the Ok lahoma Higher Learning Access Trust Fund created pursuant to S ection 3953.1 of Title 70 of the Oklahoma Statutes. B. Benefits awarded through the scholarship program shall be awarded to all eligible student applicants without any limitation on the number of awards in any y ear other than the amount of funds available for the scholarship program and the number of eligible student applicants. Subject to the provisions of subsection C of this section, if funds are not sufficient to provide awards for all eligible student applicants, the Oklahoma State Regents for Higher Education shall make awards on the basis of need. Provided, the State Regents may take into consideration other grants and scholarships received by an eligible student applicant when making awards. C. An award provided by this section shall not be allowed for courses or other postsecondary units taken mor e than five (5) years after the eligible student ’s first semester of postse condary enrollment. The State Regents may award the scholarsh ip program benefits for courses or other postsecondary units t aken more than five (5) years after the eligible student ’s first semester of postsecondary enrollment only in hardship circumstances; provided, Req. No. 8417 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 however, no eligible student may receive benefits beyond a cumulative time period of five (5) years. D. The State Regents may, at the time an award is made on behalf of an eligible student, set aside in the Oklahoma Higher Learning Access Trust Fund funds for the full commitment made to the student. For all academic years, students who have previously received awards under the provisions of the Oklahoma Opportunity Scholarship Act and who have continued at all times to fulf ill the requirements for eligibility to receive awards provided p ursuant to the scholarship program shall be given an abso lute priority for continued financial support by the scholarship program above any students who are applying for an award for the first time. SECTION 3. NEW LAW A new section of law to be codi fied in the Oklahoma Statutes as Section 2503 of Title 70, unless there is created a duplication in numbering, rea ds as follows: A. Except as otherwise provided in subsection B of this section, a student with an intellectual disability shall not be found to be in financial need for purposes of the Oklahoma Opportunity Scholarship Act if prior to receiving any scholars hip program award for any year during which the student is enrolled in a CTP program at a state educational institution, the federal adju sted gross income of the student ’s parents or legal guardians exceeds One Hundred Thousand Dollars ($100,000.00) per year. The determination of financial qualification provided in this subsection shall be Req. No. 8417 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 based on the income of the student, not the income of the parent s or legal guardians, if a student is determined to be independent of his or her parents or legal guardians for federal financial aid purposes. B. 1. A student with an intellectual disability who was adopted between birth and tw elve (12) years of age while in t he permanent 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 defined by the federal Indian Child Welfare Act, shall not be found to be in financial need for purposes of the Oklahoma Opportunity Scholarship Act if, prior to receiving any scholarship program award for any year during which the student is enrolled in a CTP program at a state educational institution, the federal adjust ed gross income of the student’s parents exceeds One Hundred Fift y Thousand Dollars ($150,000.00) per year. 2. A student with a n intellectual disability who was adopted between thirteen (13) and seven teen (17) years of age while in the permanent custody of the Departm ent 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 t o be in financial need for purposes of the Oklahoma Opportunity Scholarship Act if, prior to receiving any scholarship program award for any Req. No. 8417 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 year during which the student is enrolled in a CTP program at a state educational institution, the federal adjusted gross income of the student’s parents exceeds Two Hundred Th ousand Dollars ($200,000.00) per year. 3. The determination of financial qualification provided for in this subsection shall be based on the income of the student , not the income of the student ’s parents, if the student is determin ed to be independent of the student’s parents for federal financial aid purposes. SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is amended to read as follows: Section 3953.1 A. There is hereby created a trust fund to be known as the “Oklahoma Higher Learning Access Trust Fund ”. The Oklahoma State Regents for Higher Education shall be the trustees of said the Trust Fund. B. The State Regents shall utilize said the Trust Fund to implement the provisions of Sections 2601 through 2605 of this t itle and Sections 1 through 3 of thi s act. C. The Trust Fund principal shall consist of monies the Legislature appropriates or transfers to the Oklahoma State Regents for Higher Education for the Trust Fund and any monies or assets contributed to the Trus t Fund from any other source, public or private. All monies accruing to the credit of said the fund are hereby appropriated and may be budgeted and expended by the State Req. No. 8417 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Regents. Expenditures from said the fund shall be made upon warrants issued by the S tate Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. D. Notwithstanding other provisions of law, income and investment return on Trus t Fund principal shall accrue to the Trust Fund for use as provided by authorization of the trustees for the purposes provided in Sections 2601 through 2605 of this title and Sections 1 through 3 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 1 through 3 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 S tate Regents in the administration of the Trust Fund and of the Oklahoma Higher Learning Access Program established by the Oklahoma Higher Learning Access Act and the Oklahoma Opportunity Scholarship Program established by the Oklahoma Opportunity Scholarship Act shall be paid from monies appropriated to the State Regents coordinating board for their general operating budget. E. The State Regents shall adopt rules for accomplishing transfer of funds from the Oklahoma Higher Learning A ccess Trust Fund to the appropriate institutional Educational and General Operations Revolving Funds, as provided in Section 3901 of t his Req. No. 8417 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 title, to private institutions, and to the appropriate technology center school district to cover gene ral enrollment fees or tuition for eligible students pursuant to the Oklah oma Higher Learning Access Act and the Oklahoma Opportunity Scholarship Act. Allocations from the Trust Fund ma y be made only for the purpose of covering the general enrollment fees or tuition of e ligible students. No portion of the Trust Fund may be use d or allocated for administrative or operating expenses of any higher education institution or technology center school. SECTION 5. This act shall become effective July 1, 2024. SECTION 6. It being immediately necessary fo r the preservation of the public peace, health , or safety, an emergency is hereby declared to exist, by reason w hereof this act shall take effect and be in full force from and after its passage and approval. 59-2-8417 EK 01/11/24