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SENATE FLOOR VERSION
March 26, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3792 By: Hefner, McBride, Deck,
Pittman, Schreiber, and
Swope of the House
and
Seifried of the Senate
[ higher education – Oklahoma Access and Achievement
Act – effective date –
emergency ]
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 numbe ring, reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Access and Achievement 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,
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b. is delivered to students physically attending the
institution of higher education or technology center
school,
c. is designed to support students with intellectual
disabilities who are seeking to continue academi c,
career and technical, and independent living
instruction at an institution of higher education or
technology center school to prepare for gainful
employment,
d. includes an advising and curriculum structure,
e. requires students with intellectual disabi lities to
participate on not less than a half -time basis as
determined by the institution of higher education or
technology center school, 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
of higher education or technology center school,
(2) auditing or participating in courses with
nondisabled students offered by the institution
for higher education or technology center school
for which the student does not receive regular
academic credit,
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(3) enrollment in noncredit -bearing, nondegree
courses with nondisabled students, or
(4) participation in internships or work -based
training in settings with nondisabled persons,
f. requires students with intellectual disabilities to be
socially and academically integrated with nondisabled
students to the maximum extent possible, and
g. is approved by the United States Department of
Education pursuant to Publi c 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 scholarship program;
3. “Scholarship program” means the Oklahoma Access and
Achievement Program;
4. “State educational institution” means an institution of
higher education or technology center school supported wholly or in
part by direct legislative appropriations that provides a CTP
program;
5. “State Regents” means the Oklahoma State Regents fo r Higher
Education; and
6. “Student with an intellectual disability” means a student:
a. with a cognitive impairment, characterized by
significant limitations in intellectual and cognitive
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functioning 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 Individuals
with Disabilities Education 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 as the
Oklahoma Access and Achievement Program. The purpose of the program
is to provide an award to eligible students with intellectual
disabilities who are pursuing studies in this state at a CTP
program. The award shall be an amount equal to th e nonguaranteed
resident tuition at an institution of higher education or the
tuition at a technology center school.
D. A student with an intellectual disability shall be eligible
for the Oklahoma Access and Achievement Program if the student:
1. Is a resident of this state or 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 authorized by
Section 5-117.1 of Title 70 of the Oklahoma Statutes;
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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 with in the previous six (6) years from a
public high school accredited by the State Board of Education or a
private school, or has satisfactorily 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
5. Has established financial need according 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 academic progress as required by the
CTP program criteria;
3. Comply with the standards related to maintenance of
eligibility as promulgated by t he State Regents; and
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4. Refrain from conduct that leads to expulsion or suspension
of more than one semester from a state educational 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 the scholarship
program.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes 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
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 Oklahoma Higher Learning Access Trust Fund
created pursuant to Section 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 year 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
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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 more than five (5) years
after the eligible student’s first semester of postsecondary
enrollment. The State Regents may award the scholarship program
benefits for courses or other postsecondary units taken more than
five (5) years after the eligible student’s first seme ster of
postsecondary enrollment only in hardship circumstances; provided,
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 Access and
Achievement Act and who have continued at all times to fulfill the
requirements for eligibility to receive awards provided pursuant to
the scholarship program shall be given an absolute priority for
continued financial support by the scholarship program above any
students who are applying for an award for the first time.
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SECTION 3. 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. 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 Access
and Achievement 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 adjusted
gross income of the student’s parents or legal guardians exceeds One
Hundred Thousand Dollars ($100,000.00) per year. The determina tion
of financial qualification provided in this subsection shall be
based on the income of the student, not the income of the parents or
legal guardians, if a student is determined to be independent of his
or her parents or legal guardians for federal fin ancial aid
purposes.
B. 1. A student with an intellectual disability 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 nonprof it 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 Access and Achievement
Act if, prior to receiving any scholarship pro gram award for any
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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 One Hundred Fifty Thousand Dollars
($150,000.00) per year.
2. A student with an intellectual disability who was adopted
between thirteen (13) and seventeen (17) 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 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 Access and Achievement
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 adjusted gross income of
the student’s parents exceeds Two Hundred Thousand Dollars
($200,000.00) per year.
3. The determination of financial qualification pro vided 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 determined 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:
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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 title
and Sections 1 through 3 of this 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 Trust 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
Regents. Expenditures from said the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Mana gement 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 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
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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 State 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 Access and Achievement Program established by
the Oklahoma Access and Achievement 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 Access Trust
Fund to the appropriate institutional Educational and General
Operations Revolving Funds, as provided in Sec tion 3901 of this
title, to private institutions, and to the appropriate technology
center school district to cover general enrollment fees or tuition
for eligible students pursuant to the Oklahoma Higher Learning
Access Act and the Oklahoma Access and Ach ievement 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 the Trust Fund may be used 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.
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SECTION 6. It being immediately necessary for the preservation
of the public peace, health, or safety, an e mergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
March 26, 2024 - DO PASS AS AMENDED