Oklahoma 2024 Regular Session

Oklahoma House Bill HB3792 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3792 By: Hefner, McBride, Deck,
4		-	Pittman, Schreiber, Swope
5		-	and Munson of the House
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 3792 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 3792 By: Hefner, McBride, and Deck
	32	+	of the House
6	33
7	34		and
8	35
9		-	Seifried and Kirt of the
10		-	Senate
	36	+	Seifried of the Senate
11	37
12	38
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14		-	An Act relating to higher education; creating th e
15		-	Oklahoma Access and Achievement Act; defining terms;
16		-	creating the Oklahoma Access and Achievement Program;
17		-	providing purpose of program; providing for award
18		-	amount; providing eligibility criteria for program;
19		-	providing retention eligibility criteria for program;
20		-	providing for promulgation of rules; providing for
21		-	calculation of scholarship program award to be
22		-	allocated from certain fund; dire cting benefits to be
23		-	awarded to certain eligible applicants subject to
24		-	availability of funding and the number of eligible
25		-	applicants; directing the Oklahoma State Regents for
26		-	Higher Education to make awards on a certain basis if
27		-	certain funds are insufficient; all owing the State
28		-	Regents to take into consideration certain grants and
29		-	scholarships; prohibiting award fro m being allowed
30		-	for certain courses or units taken after ce rtain
31		-	period of time; allowing award for certain courses or
32		-	units taken after certain period of time under
33		-	certain circumstances; allowing the State Regents to
34		-	set aside certain funds for certain full commitment;
35		-	directing priority to be given to certain continued
36		-	support; providing for calculation of financial need ;
37		-	amending 70 O.S. 2021, Section 3953.1 , which relates
38		-	to the Oklahoma Higher Learning Access T rust Fund;
39		-	updating statutory language; expanding use of fund
40		-	for certain purpose; providing for co dification;
41		-	providing an effective date; and declaring an
42		-	emergency.
	40	+	[ higher education – Oklahoma Access and Achievement
	41	+	Act – effective date –
	42	+	emergency ]
43	43
44	44
45	45
46		-	ENR. H. B. NO. 3792 Page 2
47		-	SUBJECT: Higher education
	46	+
	47	+	AUTHOR: Add the following House Coauthors: Pittman, Schreiber, and
	48	+	Swope
	49	+
	50	+	AUTHOR: Add the following Senate Coauthor: Kirt
	51	+
	52	+	AMENDMENT NO. 1. Page 1, restore the title
	53	+
	54	+
	55	+	Passed the Senate the 25th day of April, 2024.
	56	+
	57	+
	58	+
	59	+	Presiding Officer of the Senate
	60	+
	61	+
	62	+	Passed the House of Re presentatives the ____ day of __________,
	63	+	2024.
	64	+
	65	+
	66	+
	67	+	Presiding Officer of the House
	68	+	of Representatives
	69	+
	70	+	ENGR. H. B. NO. 3792 Page 1 1
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	95	+	ENGROSSED HOUSE
	96	+	BILL NO. 3792 By: Hefner, McBride, and Deck
	97	+	of the House
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	99	+	and
	100	+
	101	+	Seifried of the Senate
	102	+
	103	+
	104	+
	105	+
	106	+
	107	+	[ higher education – Oklahoma Access and Achievement
	108	+	Act – effective date –
	109	+	emergency ]
	110	+
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48	113
49	114		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
50		-
51	115		SECTION 1. NEW LAW A new section of law to be codified
52	116		in the Oklahoma Statutes as Section 2501 of Title 70, unless there
53	117		is created a duplication in numbering, reads as follows:
54		-
55	118		A. This act shall be known and may be cited as the “Oklahoma
56	119		Access and Achievement Act”.
57		-
58	120		B. As used in this act:
59		-
60	121		1. “CTP program” means a degree, certificate, or nondegree
61	122		program that:
62		-
63	123		a. is offered by an institution of higher education or a
64	124		technology center school,
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66	151		b. is delivered to students ph ysically attending the
67	152		institution of higher education or technology center
68	153		school,
69		-
70	154		c. is designed to support students wi th intellectual
71	155		disabilities who are seeking to continue academic,
72	156		career and technical, and independent living
73	157		instruction at an insti tution of higher education or
74	158		technology center school to prepare for gainful
75	159		employment,
76		-
77	160		d. includes an advising and cur riculum structure,
78		-
79	161		e. requires students with intellectual disabilities to
80	162		participate on not less than a half-time basis as
81	163		determined by the institution of higher education or
82	164		technology center school , with participation focusi ng
83	165		on academic components an d occurring through one or
84	166		more of the following activities:
85		-
86	167		(1) regular enrollment in credit -bearing courses with
87	168		nondisabled students offered by the institution
88	169		of higher education or technology center school ,
89		-
90	170		(2) auditing or participating in courses wit h
91		-	nondisabled students offered by the institution ~~ENR. H. B. NO. 3792 Page 3~~
	171	+	nondisabled students offered by the institution
92	172		for higher education or technology center school
93	173		for which the student does not recei ve regular
94	174		academic credit,
95	175
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96	201		(3) enrollment in noncredit-bearing, nondegree
97	202		courses with nondisabled students, or
98		-
99	203		(4) participation in internship s or work-based
100	204		training in settings with nondisabled persons,
101		-
102	205		f. requires students with intellectual disabiliti es to be
103	206		socially and academically integra ted with nondisabled
104	207		students to the maximum exten t possible, and
105		-
106	208		g. is approved by the United States Department of
107	209		Education pursuant to Public Law 110-315, the Higher
108	210		Education Opportunity Act, as amended ;
109		-
110	211		2. “Eligible student” means a student with an intellectual
111	212		disability who is eligible for the sc holarship program;
112		-
113	213		3. “Scholarship program” means the Oklahoma Access and
114	214		Achievement Program;
115		-
116	215		4. “State educational inst itution” means an institution of
117	216		higher education or technology center school supported wholly or in
118	217		part by direct legislative appropriati ons that provides a CTP
119	218		program;
120		-
121	219		5. “State Regents” means the Oklahoma State Regents for Higher
122	220		Education; and
123		-
124	221		6. “Student with an intellectual disability” means a student:
125		-
126	222		a. with a cognitive impairment, characterized by
127	223		significant limitations in intel lectual and cognitive
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128	250		functioning and adaptive behavior as expressed in
129	251		conceptual, social, and practical adaptive sk ills, and
130		-
131	252		b. who is currently or was formerly eligible for a free
132	253		appropriate public education under the Individuals
133	254		with Disabilities Educ ation Act (IDEA), including a
134	255		student who was determined eligible for special
135	256		education or related services under IDE A but attended
136		-	a private school or was educated pursuant to the other ~~ENR. H. B. NO. 3792 Page 4~~
	257	+	a private school or was educated pursuant to the other
137	258		means of education exception provided for in
138	259		subsection A of Section 10-105 of Title 70 of the
139	260		Oklahoma Statutes.
140		-
141	261		C. There is hereby created a program to be known a s the
142	262		Oklahoma Access and Achievement Program. The purpose of the program
143	263		is to provide an award to eligible st udents with intellectual
144	264		disabilities who are p ursuing studies in thi s state at a CTP
145	265		program. The award shall be an amount equal to the nonguaranteed
146	266		resident tuition at an institution of higher education or the
147	267		tuition at a technology center school .
148		-
149	268		D. A student with an intellectual disability shal l be eligible
150	269		for the Oklahoma Access and Achievement Program if the student:
151		-
152	270		1. Is a resident of this state or enrol led in a school district
153	271		located in this state that serves students who reside in both this
154	272		state and an adjacent state pursuant to a contract authorized by
155	273		Section 5-117.1 of Title 70 of the Oklahoma Statutes;
156	274
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157	300		2. Is a United States citizen or lawfully present in the United
158	301		States. A student who is not a United States citizen or lawfully
159	302		present in the United States shall not be eligible to participate in
160	303		the scholarship program and qualify for an award;
161		-
162	304		3. Has graduated within the previous six (6) years from a
163	305		public high school accredited by t he State Board of Education or a
164	306		private school, or has s atisfactorily completed , within the previous
165	307		six (6) years, an educational program that was provided through a
166	308		means other than a public or private school;
167		-
168	309		4. Has secured admission to and enrolled i n a CTP program at a
169	310		state educational institution that meets the requirements to be
170	311		eligible for federal student financial aid; and
171		-
172	312		5. Has established financial need according to the provisions
173	313		of Section 3 of this act and standards and provisions promul gated by
174	314		the State Regents.
175		-
176	315		E. To retain eligibility in the scholarship program, a student
177	316		with an intellectual disability shall:
178		-
179	317		1. Meet the requirements for retention and completion as
180	318		established by the state educational institution where the student
181		-	is enrolled; ENR. H. B. NO. 3792 Page 5
182		-
	319	+	is enrolled;
183	320		2. Maintain satisfactory aca demic progress as re quired by the
184	321		CTP program criteria;
185		-
186	322		3. Comply with the standards related to maintenance of
187	323		eligibility as promulgated by the State Regents; and
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188	349
189	350		4. Refrain from conduct that leads to expulsion or suspension
190	351		of more than one semester from a state edu cational institution . A
191	352		student who violates the provisions of thi s paragraph shall
192	353		permanently lose eligibility for scholarship program benefits.
193		-
194	354		F. The State Regents shall promulgate rules relating to the
195	355		establishment and maintenance of eligibility under th e scholarship
196	356		program.
197		-
198	357		SECTION 2. NEW LAW A new section of law to be codified
199	358		in the Oklahoma Statutes as Section 2502 of Title 70, unless there
200	359		is created a duplication in numbering, reads as follows:
201		-
202	360		A. Subject to the availability of funds, an amount equivalent
203	361		to the nonguaranteed resident tuition at an institution of higher
204	362		education or the tuition at a technology center schoo l where the
205	363		eligible student is enrolled in a CTP program shall be awarded by
206	364		allocation from the Ok lahoma Higher Learning Access Trust Fund
207	365		created pursuant to S ection 3953.1 of Title 70 of the Oklahoma
208	366		Statutes.
209		-
210	367		B. Benefits awarded through the scholarsh ip program shall be
211	368		awarded to all eligible student applicants without any limitation on
212	369		the number of awards in any y ear other than the amount of funds
213	370		available for the scholarship program and the number of eligible
214	371		student applicants. Subject to the pr ovisions of subsection C of
215	372		this section, if funds are not sufficient to provide awards for all
216	373		eligible student applicants, the Oklahoma State Regents for Higher
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217	400		Education shall make awards on the basis of need. Provided, the
218	401		State Regents may take into consideration other grants and
219	402		scholarships received by an eligible student applicant when making
220	403		awards.
221		-
222	404		C. An award provided by this section shall not be allowed for
223	405		courses or other postsecondary units taken more than five (5) years
224	406		after the eligible student’s first semester of postse condary
225	407		enrollment. The State Regents may award the scholarsh ip program
226		-	benefits for courses or other postsecondary units taken more than ~~ENR. H. B. NO. 3792 Page 6~~
	408	+	benefits for courses or other postsecondary units taken more than
227	409		five (5) years after the eligible student’s first semester of
228	410		postsecondary enrollm ent only in hardship circumstances; provided,
229	411		however, no eligible student may receive benefits beyond a
230	412		cumulative time period of five (5) years.
231		-
232	413		D. The State Regents may, at the time an award is made on
233	414		behalf of an eligible student, set aside in the Oklahoma Higher
234	415		Learning Access Trust Fund funds for the full commitment made to the
235	416		student. For all academic years, students who have previously
236	417		received awards under the provisions of the Oklahoma Access and
237	418		Achievement Act and who have continued at all times to fulfill the
238	419		requirements for elig ibility to receive awards provided p ursuant to
239	420		the scholarship program shall be given an abso lute priority for
240	421		continued financial support by the scholarship program above any
241	422		students who are applying for an award for the first time.
242	423
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243	449		SECTION 3. NEW LAW A new section of law to be codi fied
244	450		in the Oklahoma Statutes as Section 2503 of Title 70, unless there
245	451		is created a duplication in numbering, reads as follows:
246		-
247	452		A. Except as otherwise provided in subsection B of this
248	453		section, a student with an intellectual disability shall not be
249	454		found to be in financial need for purposes of the Oklahoma Access
250	455		and Achievement Act if prior to receiving any scholarship program
251	456		award for any year during which the student is enrolled in a CTP
252	457		program at a state educational institution, the federal adju sted
253	458		gross income of the student ’s parents or legal guardians exceeds One
254	459		Hundred Thousand Dollars ($100,000.00) per year. The determination
255	460		of financial qualificati on provided in this subsection shall be
256	461		based on the income of the student, not the income of the parent s or
257	462		legal guardians, if a student is determined to be independent of his
258	463		or her parents or legal guardians for federal financial aid
259	464		purposes.
260		-
261	465		B. 1. A student with an intellectual disability who was
262	466		adopted between birth and tw elve (12) years of age while in t he
263	467		permanent custody of the Department of Human Servic es, in the court-
264	468		ordered custody of a licensed private nonprofit child -placing
265	469		agency, or federally recognized Indian tribe, as defin ed by the
266	470		federal Indian Child Welfare Act, shall not be found to be in
267	471		financial need for purposes of the Oklahoma Access and Achievement
268	472		Act if, prior to receiving any scholarship program award for any
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269	499		year during which the student is enrolled in a CTP p rogram at a
270		-	state educational institution, the federal adjust ed gross income of ~~ENR. H. B. NO. 3792 Page 7~~
	500	+	state educational institution, the federal adjust ed gross income of
271	501		the student’s parents exceeds One Hundred F ifty Thousand Dollars
272	502		($150,000.00) per year.
273		-
274	503		2. A student with an intellectual disability who was adopted
275	504		between thirteen (13) and seventeen (17) years of age while in the
276	505		permanent custody of the Departm ent of Human Services , in the court-
277	506		ordered custody of a licensed private nonprofit child-placing
278	507		agency, or federally recognized Indian tri be, as defined by the
279	508		federal Indian Child Welfare Act, shall not be found t o be in
280	509		financial need for purposes of the Oklahoma Access and Achievement
281	510		Act if, prior to receiving any scholarship program award for any
282	511		year during which the student is enrolled in a CTP program at a
283	512		state educational institution, the federal adjusted gross income of
284	513		the student’s parents exceeds Two Hundred Th ousand Dollars
285	514		($200,000.00) per year.
286		-
287	515		3. The determination of financial qualification provided for in
288	516		this subsection shall be based on the income of the studen t, not the
289	517		income of the student ’s parents, if the student is determin ed to be
290	518		independent of the student’s parents for federal financial aid
291	519		purposes.
292		-
293	520		SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is
294	521		amended to read as foll ows:
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295	547
296	548		Section 3953.1 A. There is hereby created a trust fund to be
297	549		known as the “Oklahoma Higher Learning Access Trust Fun d”. The
298	550		Oklahoma State Regents for Higher Education shall be the trustees of
299	551		said the Trust Fund.
300		-
301	552		B. The State Regents shall utiliz e said the Trust Fund to
302	553		implement the provisions of Sections 2601 through 2605 of this t itle
303	554		and Sections 1 through 3 of t his act.
304		-
305	555		C. The Trust Fund principal shall consist of monies the
306	556		Legislature appropriates or transfers to the Oklahoma State Regents
307	557		for Higher Education for the Trust Fund and any monies or assets
308	558		contributed to the Trus t Fund from any other source, publ ic or
309	559		private. All monies accruing to the credit of said the fund are
310	560		hereby appropriated and may be budgeted and expended by the St ate
311	561		Regents. Expenditures from said the fund shall be made upon
312	562		warrants issued by the S tate Treasurer against claims file d as
313	563		prescribed by law with the Director of the Office of Management and
314	564		Enterprise Services for approval and payment.
315		-	ENR. H. B. NO. 3792 Page 8
316	565		D. Notwithstanding other provisions of law, income and
317	566		investment return on Trus t Fund principal shall accrue to the Trust
318	567		Fund for use as provided by authorization of the trustees for the
319	568		purposes provided in Sections 2601 thr ough 2605 of this title and
320	569		Sections 1 through 3 of this act. The State Regents may also
321	570		utilize the Trust Fund principal for the purposes provided in
322	571		Sections 2601 through 2605 of this title and Sections 1 through 3 of
	572	+
	573	+	ENGR. H. B. NO. 3792 Page 11 1
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323	598		this act. Except as otherwise prov ided by law, no such income or
324	599		investment return or principal shall be used for administrative
325	600		expenses; expenses incurred by the S tate Regents in the
326	601		administration of the Trust Fund and of the Oklahoma Higher Learning
327	602		Access Program established by the Ok lahoma Higher Learning Access
328	603		Act and the Oklahoma Access and Achievement Program established by
329	604		the Oklahoma Access and Achievement Act shall be paid from monies
330	605		appropriated to the State Regents coordinating board for their
331	606		general operating budget.
332		-
333	607		E. The State Regents shall adopt rules for accomplishing
334	608		transfer of funds from the Oklahoma Higher Learning A ccess Trust
335	609		Fund to the appropriate institutional Educational and General
336	610		Operations Revolving Funds, as provided in Section 3901 of t his
337	611		title, to private institutions, and to the appropriat e technology
338	612		center school district to cover gene ral enrollment fees or tuition
339	613		for eligible students pursuant to the Oklah oma Higher Learning
340	614		Access Act and the Oklahoma Access and Achievement Act. Allocations
341	615		from the Trust Fund may be made only for the purpose of covering the
342	616		general enrollment fees or tuition of e ligible students. No portion
343	617		of the Trust Fund may be use d or allocated for administrative or
344	618		operating expenses of any higher education institution or technology
345	619		center school.
	620	+	SECTION 5. This act shall become effective July 1, 2024.
346	621
347		-	SECTION 5. This act shall become effective July 1, 2024.
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348	646
349	647		SECTION 6. It being immediately necessary fo r the preservation
350	648		of the public peace, health, or safety, an emergency is hereby
351	649		declared to exist, by reason whereof this act shall take effect and
352		-	be in full force from and after its ~~pass age~~ and approval. ~~ENR. H. B. NO. 3792 Page 9~~
353		-	Passed the House of Representatives the ~~16th~~ day of ~~May~~, 2024.
	650	+	be in full force from and after its passage and approval.
	651	+	Passed the House of Representatives the 5th day of March, 2024.
354	652
355	653
356	654
357	655
358	656		Presiding Officer of the House
359	657		of Representatives
360	658
361	659
362		-	Passed the Senate the ~~25th~~ day of ~~April~~, 2024.
	660	+	Passed the Senate the ___ day of __________, 2024.
363	661
364	662
365	663
366	664
367	665		Presiding Officer of the Senate
368	666
369		-
370		-	OFFICE OF THE GOVERNOR
371		-	Received by the Office of the Governor this ____________________
372		-	day of ___________________, 20_______, at _______ o'clock _______ M.
373		-	By: _________________________________
374		-	Approved by the Governor of the State of Oklahoma this _____ ____
375		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
376		-
377		-
378		-	_________________________________
379		-	Governor of the State of Oklahoma
380		-
381		-	OFFICE OF THE SECRETARY OF STATE
382		-	Received by the Office of the Secretary of State this __________
383		-	day of ___________________, 20_______, a t _______ o'clock _______ M.
384		-	By: _________________________________
385		-