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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1302 By: Rader of the Senate
and
Moore of the House
An Act relating to the Oklahoma Higher Learning
Access Program; amending 70 O.S. 2021, Section 2603,
which relates to program eligibility; removing
requirement to complete certain unit or set of
competencies; removing reference to specific
curriculum requirements; providing eligibility for
students placed in certain custody during certain
grades; amending 70 O.S. 2021, Section 2605, as
amended by Section 1, Chapter 400, O.S.L. 2022 (70
O.S. Supp. 2023, Section 2605), which relates to
student agreements; rem oving obsolete language
regarding certain income thresholds; e stablishing
financial need for students placed in certain custody
during certain grades; removing obsolet e language
regarding eligibility for students who were denied
participation in certain school year; updating
statutory references; providing an effecti ve date;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 2603, is
amended to read as follows:
Section 2603. A. Except as otherwise provided for in
subsection B of this section and elsewhere in this section, to be
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eligible to participate in the Oklahom a Higher Learning Access
Program and to qualify for an award which includes payment of an
amount equivalent to resident tuition or other tuition pursua nt to
Section 2604 of this title for the first semester or other academic
unit of postsecondary enrollmen t, a student shall:
1. Be a resident of this state or be 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
authorized in Section 5 -117.1 of this title;
2. Be 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 part icipate in
the Oklahoma Higher Learning Access Program and to qualify for an
award notwithstanding the provisions of Section 3242 of this title.
The provisions of this paragraph shall not apply to any student who
was enrolled in the Oklahoma Higher Learning Access Program prior to
the end of the 2006-2007 school year;
3. Have a record of satisfactory compliance with agreements
executed pursuant to Section 2605 of this title;
4. a. have graduated within the previous thre e (3) years
from a high school accre dited by the State Board of
Education, or the Oklahoma School of Scie nce and
Mathematics with a minimum 2.5 cumulative grade point
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average on a 4.0 scale for all work attempted in
grades nine through twelve,
b. have graduated within the previous three (3) years
from a high school not accredited by the State Board
of Education with a minimum 2.5 cumulative grade point
average on a 4.0 scale for all work attempted in
grades nine through twelve and have achieved a
composite score of 22 or higher on the ACT tes t, or
c. have satisfactorily completed within the previous
three (3) years an educational program that was
provided through a means other than a public or
private school and have achieved a composite score of
22 or higher on the ACT test;
5. Have completed the curricular requirements for admission to
an institution within The Oklahoma State System of Higher Education
and one additional unit or set of competencies in a course that
meets college admission requirements. Th e curriculum requirements
shall include two units or sets of competencies in foreign or non -
English language or technology courses that meet the college
admission requirements and one unit or set of competencies of a fine
arts course. Students shall also have attained a 2.5 grade point
average in the core curriculum courses. Students who attended a
high school which did not offer all the core curriculum courses or
students who were educated by other means and were not offered all
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the core curriculum cours es shall be allowed to satisfy this
curriculum requirement by participating in a program approved by the
Oklahoma State Regents for Higher Education for remediation of high
school curricular deficiencies;
6. Have satisfied admission standards as determine d by the
Oklahoma State Regents for Higher Education for first -time-entering
students for the appropriate type of institution, or, if attending a
private institution, have satisfied admission standards as
determined by the private institution. No student participating in
the Oklahoma Higher Learning Access Program shall be admitted into
an institution of hig her education by special admission standards;
7. Have secured admission to, and enrolled in, an institution
which is a member of The Oklahoma State Sy stem 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; and
8. a. have established financial need accordi ng to the
provisions of subsection D of Section 2605 of this
title and standards and provisions promulgated by the
Oklahoma State Regents for Higher Ed ucation,
b. if the student was adopted between birth and twelve
(12) years of age while in the permanent custody of
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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, have
established financial need accord ing to the provisions
of paragraph 1 of subsection E of Section 2605 of this
title and standards and provisions promulgated by the
Oklahoma State Regen ts for Higher Education, or
c. if the student 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 India n
tribe, as defined by the federal Indian Child Welfare
Act, have established financial need according to the
provisions of paragraph 2 of subsection E of Section
2605 of this title and standards and provisions
promulgated by the Oklahoma State Regents for Higher
Education, or
d. if the student was placed in the custody of the
Department of Human Services at any time during the
eighth, ninth, tenth, or eleventh grades and enrolls
in the program no later than his or her of ficial date
of high school graduatio n, have established financial
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need according to the provisions of paragraph 3 of
subsection E of Section 2605 of this title and
standards and provisions promulgated by the Oklahoma
State Regents for Higher Education .
B. 1. A student shall be eligible to participate in the
Oklahoma Higher Learning Access Program and to qua lify for an award
which includes payment of an amount equivalent to resident tuition
or other tuition pursuant to Section 2604 of this title for the
first semester or other academic unit of postsecondary enrollment if
the student meets all of the following criteria:
a. is a child of any person killed after January 1, 2000,
in the line of duty in any branch of the United States
Armed Forces or who died af ter January 1, 2000, as a
result of an injury sustained while in the line of
duty in any branch of the Un ited States Armed Forces
and the person who was killed or died filed an
individual or joint Oklahoma income tax return for the
tax year prior to the ye ar during which the person was
killed or died,
b. is a resident of this state or is 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 authorized in Section 5-
117.1 of this title,
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c. enrolls in an institution within The Oklahoma State
System of Higher Education prior to reaching the age
of twenty-one (21),
d. has satisfied admission standards as determined by the
Oklahoma State Regents for Higher Education fo r first-
time-entering students for t he appropriate type of
institution, or, if attending a private instit ution,
has satisfied admission standards as determined by the
private institution. No student participating in the
Oklahoma Higher Learning Access Pro gram shall be
admitted into an institution of higher education by
special admission standards,
e. has secured admission to, and 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, and
f. executes an agreement pursuant to subsection C of
Section 2605 of this title.
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2. A student who is e ligible to participate in the program
pursuant to this subsection shall not be required to meet the
eligibility requirements set forth in subsection A of this section.
C. To retain eligibility while pursuing the program of higher
learning in which enrolle d, the student shall:
1. Meet the requirements for retention and degree completion as
established by the institution in which the student is enrolled;
2. Maintain good academic standing and satisfactory academic
progress according to standards of the Okl ahoma State Regents for
Higher Education;
3. Maintain satisfactory academic progress as required for
eligibility for federal Title IV student financia l aid programs.
The provisions of this paragraph shall become effective for the
2012-2013 school year;
4. Comply with the standards related to maintenance of
eligibility as promulgated by the Oklahoma State Regents for Higher
Education; and
5. Refrain from conduct that leads to expulsion or suspension
of more than one semester from an institution of higher education.
A student who violates the provisions of this paragraph shall
permanently lose eligibility for program benefits. The provisions
of this paragraph shall become effective Janu ary 1, 2008.
D. The Oklahoma State Regents for Higher Education and the
State Board of Career and Technology Education shall promulgate
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rules relating to maintenance of eligibility under the Oklahoma
Higher Learning Access Act by a student.
E. It is the intent of the Legislature that students in the
ninth grade for the 19 92-93 school year who are determined to be
eligible Oklahoma Higher Learning Access students pursuant to the
Oklahoma Higher Learning Access Act shall be the first students
eligible for benefits from the Oklahoma Higher Learning Access Trust
Fund.
F. The Oklahoma State Regents for Higher Education are
authorized to study, develop , and propose criteria for determining
award eligibility based upon the com pletion of seven semesters of
high school coursework by a student.
SECTION 2. 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 follo ws:
Section 2605. A. Each school y ear, every fifth- through
eleventh-grade student in the public and pr ivate schools of this
state and students who are educated by other means and are in the
equivalent of the fifth through eleventh grade shall be apprise d,
together with the parent, custodial parent, or guardian of the
student, of the opportunity for access to higher learning under the
Oklahoma Higher Learning Access Program. The Oklahoma State Regents
for Higher Education and the State Board of Education shall develop,
promote, and coordin ate a public awareness program to be utilized in
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making students and parents aware of the Oklahoma Higher Learning
Access Program.
B. On a form provided by the Oklahoma State Regents for Higher
Education, every public s chool district shall designate at least one
Oklahoma Higher Learning Access Program contact person, who s hall 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 contact
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 t he 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 qualification set forth in subpar agraph a of paragraph 1
of subsection B of Section 2603 of this title prior to entering the
eleventh grade or prior to reaching the age of sixteen (16) and the
standards and provisions promulgated by the Oklahoma State R egents
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 ed ucated by
other means, to enter into participation in the program by agreeing
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to, throughout the remainde r of their school years or educational
program:
a. attend school or an educational program regularly and
do homework regularly,
b. refrain from substan ce 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 State
Regents for Higher Education or the Sta te Board of
Education, and
f. participate in program activities.
2. Students who meet the eligibility qu alification set forth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of
this title after completing the eleventh grade or after reach ing 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 Educa tion.
3. The contact person shall m aintain the agreements, which
shall be executed on forms provided by the Oklahoma State Regents
for Higher Education and managed according to regulations
promulgated by the Oklahoma State Regents for Higher Education, an d
the contact person shall monitor compliance of the student with the
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terms of the agreement. The Oklaho ma State Regents for Higher
Education are authorized to process student agreements and verify
compliance with the agreements. Students failing to comp ly with the
terms of the agreement s hall not be eligible for the awards provided
in Section 2604 of this title.
D. Except as otherwise provided for in subsection E of this
section and except for students who qualify pursuant to subsection B
of Section 2603 of this title, 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 eighth, ninth, or tenth grade for students
enrolled in a public or private sch ool, or between the ages of
thirteen (13) and fifteen (15), for stude nts 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 progr am in the 2017-2018
school year, the federal adjusted gross income of the student ’s
parent(s) exceeds Fif ty-five Thousand Dollars ($55,000.00) per year;
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3. 2. 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 for participation in the program in the
2021-2022 school year, the federal adjusted gross income of the
student’s parent(s) exceeds S ixty Thousand Dollars ($60,000.00) p er
year;
4. 3. 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 for participation in the program in the
2022-2023 school year:
a. the federal adjusted gro ss 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 income of the student ’s
parent(s), who have three or four dependent 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 gross income of the student ’s
parent(s) exceeds One Hundred Thousand Dolla rs ($100,000.00) per
year;
6. 4. Beginning with the 2018 -2019 academic year, prior to
receiving any Oklahoma Higher Learning Access Program benefit award
for any year during which the student is enrolled in an instituti on
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 income of the student ’s
parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
year.
The determination of financial qu alification as set forth in
paragraphs 5 and 6 of this subsection this paragraph shall 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 a id purposes,
b. was in the permanent custody of the Department of
Human Services at the time the student enrolled in the
program, or
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c. was in the court-ordered custody of a federally
recognized Indian tribe, as defined by the federal
Indian Child Welfare Act, at the time the student
enrolled in the program.
The provisions of this paragraph shall apply to any student who
has received an Oklahoma Higher Learning Access Program benefit
award after the 2017 -2018 school year; and
7. 5. The Oklahoma State Regen ts for Higher Education shall
review the determination of financial qualification as set forth in
paragraphs 1, 2, and 3, and 4 of this subsection if the income from
taxable and nontaxable sources of the student ’s parent(s) includes
income received from no ntaxable military benefits or income received
from the federal Social Security 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 income
received from nontaxable military benefits or income received from
the federal Social Security Administration du e to the death or
disability of the student ’s parent(s), does not exceed the
limitations set forth by paragraphs 1, 2, and 3, and 4 of this
subsection, the student shall be determined to have met the
financial qualification set forth in paragraphs 1, 2, and 3, and 4
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 Depar tment of
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Human Services, in the cour t-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 Higher
Learning Access Program if at the time the student begins
postsecondary education an d prior to receiving any Oklahoma Higher
Learning Access Program benefit award, the federal adjusted gross
income of the student ’s parent(s) exceeds On e Hundred Fifty Thousand
Dollars ($150,000.00) per year. The provisions of this paragraph
shall not apply to any student who has received an Oklahoma Higher
Learning Access Program benefit award prior to the 2012 -2013 school
year.
2. A student who was ad opted 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 defi ned by the federal Indian Child
Welfare Act, shall not be found to be in financial need for purposes
of the Oklahoma Higher Learning Access Program if at the time the
student begins postsecondary education and prior to receiving any
Oklahoma Higher Learnin g Access Program benefit award, the federal
adjusted gross income of the student ’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
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Oklahoma Higher Learning Access Program benefit award prior to the
2012-2013 school year.
3. A student who was placed in the custody of the Department of
Human Services at any time during the eighth, ninth, tenth, or
eleventh grades and enrolls in the program no later tha n his or her
official date of high school graduation shall not be found to be in
financial need for purpo ses of the Oklahoma Higher Learning Access
Program if the federal adjusted gross income of the student exceeds
Sixty Thousand Dollars ($60,000.00) per year.
4. Except for students who qu alify pursuant to subsection B of
Section 2603 of this title, the det ermination of financial
qualification as set forth 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 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 student
applies for participation i n the program. The provisions of this
paragraph shall not apply to a ny student who has received an
Oklahoma Higher Learning Access Program benefit award prior to the
2008-2009 school year.
F. The financial qualificatio n 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
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on the agreement form provided by the Oklahoma State Regents for
Higher Education. The form s hall be retained in the permanent
record of the student and a copy forwarded 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 achieving 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 Educati on; and
4. Assist the student in completing forms and reports requir ed
for program participation, making applications to institutions and
schools of higher learning, and filing applications 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 authorized 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 participation in the
program shall be allow ed to enter or reenter into participation in
the program by entering into agreements as set forth in subsections
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 st udent compliance with
agreements made pursuant to this section.
J. I. The Oklahoma State Regents for Higher Education shall
designate personnel to coo rdinate tracking of program records for
the years when students participating in the program are still in
the schools or are being educated by other means, provide staff
development for contact persons in the schools, and provide liaison
with the State Board of Education and local organizations and
individuals participating in the program.
K. J. The school district where an Oklahoma Higher Learning
Access Program student is enrolled when the student begins
participation in the program and any subsequent sc hool district
where the student enro lls shall forward information regarding
participation 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 student.
L. K. Students participating in the 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 Education. The Regents shall keep the
numbers confidential and u se them only for administrative purp oses.
SECTION 3. This act shall become effective Jul y 1, 2024.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is here by
declared to exist, by reason whereof this act shall take effect and
be in full force from and after it s passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/18/2024 - DO PASS.