40 | | - | An Act relating to higher education; creating the |
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41 | | - | Oklahoma Access and Achievement Act; providing short |
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42 | | - | title; defining terms; creating the Oklahoma Access |
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43 | | - | and Achievement Program; providing purpose of |
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44 | | - | program; providing for award amount; providing |
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45 | | - | eligibility criteria for program; providing retention |
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46 | | - | eligibility criteria for program; providing for |
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47 | | - | promulgation of rules; pr oviding for calculation of |
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48 | | - | scholarship program award to be allocate d from |
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49 | | - | certain fund; directing benefits to be awarded to |
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50 | | - | certain eligible applicants subject to availability |
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51 | | - | of funding and the number of eligible applicants; |
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52 | | - | directing the Oklahoma State R egents for Higher |
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53 | | - | Education to make awards on certain basis if cert ain |
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54 | | - | funds are insufficient; allowing the State Regents to |
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55 | | - | take into consideration certain grants and |
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56 | | - | scholarships; prohibiting award from being allowed |
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57 | | - | for certain courses or units taken af ter certain |
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58 | | - | period of time; allow ing award for certain courses or |
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59 | | - | units taken after certain period of time under |
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60 | | - | certain circumstances; a llowing the State Regents to |
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61 | | - | set aside certain funds for certain full commitment; |
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62 | | - | directing priority to be given to cer tain continued |
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63 | | - | support; providing for calculation of financial need ; |
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64 | | - | amending 70 O.S. 2021, Section 3953.1, which relates |
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65 | | - | to the Oklahoma Higher Learning Access Trust Fund; |
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66 | | - | updating statutory language; expanding use of fund |
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67 | | - | for certain purpose; providing f or codification; |
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68 | | - | providing an effective date; and declaring an |
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69 | | - | emergency. |
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| 46 | + | |
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| 47 | + | [ higher education - Oklahoma Access and Achievement |
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| 48 | + | Act - Oklahoma Access and Achievement Program - |
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| 49 | + | Oklahoma State Regents for Higher Education - |
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| 50 | + | Oklahoma Higher Learning Access Trust Fund - use of |
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| 51 | + | fund - codification - effective date – |
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| 52 | + | emergency ] |
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101 | | - | AMENDMENT NO. 1. Page 1, lines 6 through 20.5, strike the title to |
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102 | | - | read: |
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| 91 | + | 1. “CTP program” means a degree, certificate, or nondegree |
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| 92 | + | program that meets each of the fol lowing criteria: |
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| 93 | + | a. is offered by an ins titution of higher education or |
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| 94 | + | technology center school, |
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| 95 | + | b. is delivered to students physically attending the |
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| 96 | + | institution of higher education or technology center |
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| 97 | + | school, |
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| 98 | + | c. is designed to support students with inte llectual |
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| 99 | + | disabilities who are seeking to continue academic, |
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| 100 | + | career and technical, and ind ependent living |
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| 101 | + | instruction at an institution of higher education or |
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| 102 | + | technology center school to prepare for gainful |
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| 103 | + | employment, |
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| 104 | + | d. includes an advising and curriculum structure, |
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| 105 | + | e. requires students with in tellectual disabilities to |
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| 106 | + | participate on not les s than a half-time basis as |
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| 107 | + | determined by the institution of higher education or |
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| 108 | + | technology center school , with such participation |
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| 109 | + | focusing on academic components and occurring through |
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| 110 | + | one or more of the following activities: |
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| 111 | + | (1) regular enrollment in cred it-bearing courses with |
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| 112 | + | nondisabled students offered by the institution |
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| 113 | + | of higher education or technology center school , |
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157 | | - | ENGROSSED SENATE |
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158 | | - | BILL NO. 1339 By: Seifried of the Senate |
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| 141 | + | (2) auditing or participating in courses with |
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| 142 | + | nondisabled students offered by the inst itution |
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| 143 | + | for higher education or technology center school |
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| 144 | + | for which the student does not receive regular |
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| 145 | + | academic credit, |
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| 146 | + | (3) enrollment in noncredit -bearing, nondegree |
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| 147 | + | courses with nondisabled students, or |
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| 148 | + | (4) participation in internships or work -based |
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| 149 | + | training in settings with nondisabled students, |
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| 150 | + | f. requires students with intellectual disabilities to be |
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| 151 | + | socially and academically integrated with nondisabled |
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| 152 | + | students to the maximum extent possible, and |
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| 153 | + | g. is approved by the United States Department of |
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| 154 | + | Education pursuant to P.L. No. 110 -315, the Higher |
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| 155 | + | Education Opportunity Act, as amended; |
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| 156 | + | 2. “Eligible student” means a student with an intellectual |
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| 157 | + | disability who is eligible for the scholarship program; |
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| 158 | + | 3. “Scholarship program” means the Oklahoma Access and |
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| 159 | + | Achievement Program; |
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| 160 | + | 4. “State educational ins titution” means a higher education |
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| 161 | + | institution or technology center school supported wholly or in part |
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| 162 | + | by direct legislative appropriations that provides a CTP program ; |
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| 163 | + | 5. “State Regents” means the Oklahoma State Regents for Higher |
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| 164 | + | Education; and |
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160 | | - | and |
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161 | | - | |
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162 | | - | Hefner and McBride of the |
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163 | | - | House |
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164 | | - | |
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165 | | - | |
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166 | | - | |
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167 | | - | An Act relating to higher education; creating the |
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168 | | - | Oklahoma Access and Achievement Act; providing short |
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169 | | - | title; defining terms; creating the Oklahoma Access |
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170 | | - | and Achievement Program; providing purpose of |
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171 | | - | program; providing for award amount; providing |
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172 | | - | eligibility criteria for program; providing r etention |
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173 | | - | eligibility criteria for program; providing for |
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174 | | - | promulgation of rules; providing for calculation of |
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175 | | - | scholarship program award to be allocated from |
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176 | | - | certain fund; directing benefits to be awarded to |
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177 | | - | certain eligible applicants subject to availabilit y |
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178 | | - | of funding and the number of eligible applicants; |
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179 | | - | directing the Oklahoma State Regents for Higher |
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180 | | - | Education to make awards on certain basis if certain |
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181 | | - | funds are insufficient; allowing the State Regents to |
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182 | | - | take into consideration certain grants and |
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183 | | - | scholarships; prohibiting award from being allowed |
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184 | | - | for certain courses or units taken after certain |
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185 | | - | period of time; allow ing award for certain courses or |
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186 | | - | units taken after certain period of time under |
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187 | | - | certain circumstances; a llowing the State Regents to |
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188 | | - | set aside certain funds for certain full commitment; |
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189 | | - | directing priority to be given to certain continued |
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190 | | - | support; providing for calculation of financial need; |
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191 | | - | amending 70 O.S. 2021, Section 3953.1, which relates |
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192 | | - | to the Oklahoma Higher Learning Access Trust Fund; |
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193 | | - | updating statutory language; expanding use of fund |
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194 | | - | for certain purpose; providing for codification; |
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195 | | - | providing an effective date; and declaring an |
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196 | | - | emergency. |
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197 | | - | |
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198 | | - | |
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199 | | - | |
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200 | | - | |
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201 | | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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202 | | - | |
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203 | | - | ENGR. S. B. NO. 1339 Page 2 1 |
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| 166 | + | SB1339 HFLR Page 4 |
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| 167 | + | BOLD FACE denotes Committee Amendments. 1 |
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228 | | - | SECTION 1. NEW LAW A new section of law to be codified |
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229 | | - | in the Oklahoma Statutes as Section 2500 of Title 70, unless there |
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230 | | - | is created a duplication in numbering, reads as follows: |
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231 | | - | A. This act shall be known and may be cited as the “Oklahoma |
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232 | | - | Access and Achievement Act”. |
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233 | | - | B. As used in this act: |
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234 | | - | 1. “CTP program” means a degree, certificate, or nondegree |
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235 | | - | program that meets each of the fol lowing criteria: |
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236 | | - | a. is offered by an ins titution of higher education or |
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237 | | - | technology center school , |
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238 | | - | b. is delivered to students physically atte nding the |
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239 | | - | institution of higher education or technology center |
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240 | | - | school, |
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241 | | - | c. is designed to support students with inte llectual |
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242 | | - | disabilities who are seeking to continue academic, |
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243 | | - | career and technical, and independent living |
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244 | | - | instruction at an institution of hig her education or |
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245 | | - | technology center school to prepare for gainful |
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246 | | - | employment, |
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247 | | - | d. includes an advising and curriculum structure, |
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248 | | - | e. requires students with in tellectual disabilities to |
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249 | | - | participate on not less than a half -time basis as |
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250 | | - | determined by the instit ution of higher education or |
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251 | | - | technology center school , with such participation |
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| 192 | + | 6. “Student with an intellectual disability ” means a student: |
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| 193 | + | a. with a cognitive impairment, characterized by |
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| 194 | + | significant limitations in intellectual and cognitive |
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| 195 | + | functioning and adaptive behavior as expressed in |
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| 196 | + | conceptual, social, and practical adaptive skill s, and |
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| 197 | + | b. who is currently or was formerly eligible for a free |
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| 198 | + | appropriate public education under the Individuals |
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| 199 | + | with Disabilities Education Act (IDEA), including a |
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| 200 | + | student who was determined eligible for special |
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| 201 | + | education or related services under IDEA b ut attended |
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| 202 | + | a private school or was educated pursuant to the other |
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| 203 | + | means of education exception provided for in |
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| 204 | + | subsection A of Section 10 -105 of Title 70 of the |
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| 205 | + | Oklahoma Statutes. |
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| 206 | + | C. There is hereby created a program to be known as the |
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| 207 | + | Oklahoma Access and Achievement Program. The purpose of the program |
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| 208 | + | is to provide an award to eligible students with intellectual |
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| 209 | + | disabilities who are pursuing studies in this state at a CTP |
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| 210 | + | program. The award shall be an a mount equal to the nonguaranteed |
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| 211 | + | resident tuition at an institution of higher education or the |
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| 212 | + | tuition at a technology center school . |
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| 213 | + | D. A student with an intellectual disability shall be eligible |
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| 214 | + | for the Oklahoma Access and Achievement Program if the student: |
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278 | | - | focusing on academic components and occurring through |
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279 | | - | one or more of the following activities: |
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280 | | - | (1) regular enrollment in credit -bearing courses with |
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281 | | - | nondisabled students offered by the institution |
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282 | | - | of higher education or technology center school , |
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283 | | - | (2) auditing or participating in courses with |
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284 | | - | nondisabled students offered by the inst itution |
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285 | | - | for higher education or technology center school |
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286 | | - | for which the student does not receive regul ar |
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287 | | - | academic credit, |
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288 | | - | (3) enrollment in noncredit -bearing, nondegree |
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289 | | - | courses with nondisabled students, or |
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290 | | - | (4) participation in internships or work -based |
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291 | | - | training in settings with nondisabled students, |
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292 | | - | f. requires students with intellectual disabilities to b e |
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293 | | - | socially and academically integrated with nondisabled |
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294 | | - | students to the maximum extent possible, and |
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295 | | - | g. is approved by the United States Department of |
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296 | | - | Education pursuant to P.L. No. 110 -315, the Higher |
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297 | | - | Education Opportunity Act, as amended; |
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298 | | - | 2. “Eligible student” means a student with an intellectual |
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299 | | - | disability who is eligible for the scholarship program; |
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300 | | - | 3. “Scholarship program” means the Oklahoma Access and |
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301 | | - | Achievement Program; |
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| 242 | + | 1. Is a resident of this state or enrolled in a school district |
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| 243 | + | located in this state that serves students who reside in both this |
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| 244 | + | state and an adjacent state pursuant to a contract authorized by |
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| 245 | + | Section 5-117.1 of Title 70 of the Oklahoma Statutes; |
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| 246 | + | 2. Is a United States citizen or lawfully present in the United |
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| 247 | + | States. A student who is not a United States citizen or lawfully |
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| 248 | + | present in the United States shall not be eligible to participate in |
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| 249 | + | the scholarship program and qualify for an award; |
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| 250 | + | 3. Has graduated within the previous six (6) years fr om a |
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| 251 | + | public high school accredited by the State Board of Education or a |
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| 252 | + | private school, or has satisfactorily completed within the previous |
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| 253 | + | six (6) years an educationa l program that was provided through a |
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| 254 | + | means other than a public or private school; |
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| 255 | + | 4. Has secured admission to and enrolled in a CTP program at an |
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| 256 | + | educational institution that meets the requirements to be eligible |
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| 257 | + | for federal student financial aid; and |
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| 258 | + | 5. Has established financial need according to the provisions |
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| 259 | + | of Section 3 of this act and standards and provisions promulgated by |
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| 260 | + | the State Regents. |
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| 261 | + | E. To retain eligibility in the scholarship program, a student |
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| 262 | + | with an intellectual disability shall: |
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| 263 | + | 1. Meet the requirements for retention and completion as |
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| 264 | + | established by the state educationa l institution where the student |
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| 265 | + | is enrolled; |
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328 | | - | 4. “State educational institution ” means a higher education |
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329 | | - | institution or technology center school supported wholly or in part |
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330 | | - | by direct legislative appropriations that provides a CTP program ; |
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331 | | - | 5. “State Regents” means the Oklahoma State Regents for Higher |
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332 | | - | Education; and |
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333 | | - | 6. “Student with an intellectual disability ” means a student: |
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334 | | - | a. with a cognitive impairment, characterized by |
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335 | | - | significant limitations in intellectual and cognitive |
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336 | | - | functioning and adaptive behavior as expressed in |
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337 | | - | conceptual, social, and practical adaptive skills, and |
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338 | | - | b. who is currently or was formerly eligible for a free |
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339 | | - | appropriate public education under the Individuals |
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340 | | - | with Disabilities Education Act (IDEA), including a |
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341 | | - | student who was determined eligible for special |
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342 | | - | education or related services under IDEA but attended |
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343 | | - | a private school or was educated pursuan t to the other |
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344 | | - | means of education exception provided for in |
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345 | | - | subsection A of Section 10 -105 of Title 70 of the |
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346 | | - | Oklahoma Statutes. |
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347 | | - | C. There is hereby created a program to be known as the |
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348 | | - | Oklahoma Access and Achievement Program. The purpose of the program |
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349 | | - | is to provide an award to eligible students with intellectual |
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350 | | - | disabilities who are pursuing studies in this state at a CTP |
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351 | | - | program. The award shall be an a mount equal to the nonguaranteed |
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| 293 | + | 2. Maintain satisfactory academic progress as required by the |
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| 294 | + | CTP program criteria ; |
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| 295 | + | 3. Comply with the standards related to maintenance of |
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| 296 | + | eligibility as promulgated by the State Regents; and |
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| 297 | + | 4. Refrain from conduct that leads to expulsion or suspension |
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| 298 | + | of more than one semester from a state educational institution. A |
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| 299 | + | student who violates the provisions of this paragraph shall |
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| 300 | + | permanently lose eligibility for s cholarship program benefits. |
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| 301 | + | F. The State Regent s shall promulgate rules relating to the |
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| 302 | + | establishment and maintenance of eligibility under the scholarship |
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| 303 | + | program. |
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| 304 | + | SECTION 2. NEW LAW A new s ection of law to be codified |
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| 305 | + | in the Oklahoma Statutes as Section 2501 of Title 70, unless there |
---|
| 306 | + | is created a duplication in numbering, reads as follows: |
---|
| 307 | + | A. Subject to the availability of funds, an amount equivalent |
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| 308 | + | to the nonguaranteed resident tuition at an institution of higher |
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| 309 | + | education or the tuition at a technology center school for which an |
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| 310 | + | eligible student is obligated at a CTP program shall be awarded by |
---|
| 311 | + | allocation from the Oklahoma Higher Learning Access Trust Fund |
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| 312 | + | created pursuant to Section 3953 .1 of Title 70 of the Oklahoma |
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| 313 | + | Statutes. |
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| 314 | + | B. Benefits awarded through the scholarship pro gram shall be |
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| 315 | + | awarded to all eligible student applicants without any limitation on |
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| 316 | + | the number of awards in any year other than the amount of funds |
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378 | | - | resident tuition at an institution of higher education or the |
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379 | | - | tuition at a technology center school . |
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380 | | - | D. A student with an intellectual disability shall be eligible |
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381 | | - | for the Oklahoma Access and Achievement Program if the student: |
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382 | | - | 1. Is a resident of this state or enrolled in a school district |
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383 | | - | located in this state that ser ves students who reside in both this |
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384 | | - | state and an adjacent state pursuant to a contract authorized by |
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385 | | - | Section 5-117.1 of Title 70 of the Oklahoma Statutes; |
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386 | | - | 2. Is a United States citizen or lawfully present in the United |
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387 | | - | States. A student who is not a Uni ted States citizen or lawfully |
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388 | | - | present in the United States shall not be eligible to participate in |
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389 | | - | the scholarship program and qualify for an award; |
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390 | | - | 3. Has graduated within the previous six (6) years from a |
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391 | | - | public high school accredited by the State Boar d of Education or a |
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392 | | - | private school, or has satisfactorily completed within the previous |
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393 | | - | six (6) years an educationa l program that was provided through a |
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394 | | - | means other than a public or private school; |
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395 | | - | 4. Has secured admission to and enrolled in a CTP program at an |
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396 | | - | educational institution that meets the requirements to be eligible |
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397 | | - | for federal student financial aid; and |
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398 | | - | 5. Has established financial need according to the provisions |
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399 | | - | of Section 3 of this act and standards and provisions promulgated by |
---|
400 | | - | the State Regents. |
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| 344 | + | available for the sc holarship program and the number of elig ible |
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| 345 | + | student applicants. Subject to the provisio ns of subsection C of |
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| 346 | + | this section, if funds are not sufficient to provide awards for all |
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| 347 | + | eligible student applicants, the Oklahoma State Regents for Higher |
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| 348 | + | Education shall make awards on the basis of need. Provided, the |
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| 349 | + | State Regents may take into consid eration other grants and |
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| 350 | + | scholarships received by an eligible student applicant when making |
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| 351 | + | awards. |
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| 352 | + | C. An award provided for by this section shall not be allowed |
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| 353 | + | for courses or other postsecondary units tak en more than five (5) |
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| 354 | + | years after the eligible st udent’s first semester of postsecondary |
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| 355 | + | enrollment. The State Regents may award the scholarship program |
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| 356 | + | benefits for courses or other postsecondary units taken more t han |
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| 357 | + | five (5) years after the eligible student ’s first semester of |
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| 358 | + | postsecondary enrollmen t only in hardship circumstances; provided, |
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| 359 | + | however, no eligible student may receive benefits beyond a |
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| 360 | + | cumulative time period of five (5) years. |
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| 361 | + | D. The State Regents may, at the time an award is made on |
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| 362 | + | behalf of an eligible student, set aside in the Okla homa Higher |
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| 363 | + | Learning Access Trust Fund funds for the full commitment made to the |
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| 364 | + | student. For all academic years, students who have previously |
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| 365 | + | received awards under t he provisions of the Oklahoma Access and |
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| 366 | + | Achievement Act and who have continued at all ti mes to fulfill the |
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| 367 | + | requirements for eligibility to receive awards provided pursuant to |
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427 | | - | E. To retain eligibility in the scholarship program, a student |
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428 | | - | with an intellectual disability shall: |
---|
429 | | - | 1. Meet the requirements for retention and completion as |
---|
430 | | - | established by the state educational institution where the student |
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431 | | - | is enrolled; |
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432 | | - | 2. Maintain satisfactory academic progress as required by the |
---|
433 | | - | CTP program criteria ; |
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434 | | - | 3. Comply with the standards related to maintenance of |
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435 | | - | eligibility as promulgated by the State Regents; and |
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436 | | - | 4. Refrain from conduct that leads to expulsion or suspension |
---|
437 | | - | of more than one semester from a state educational institution. A |
---|
438 | | - | student who violates the provisions of this paragraph shall |
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439 | | - | permanently lose eligibility for s cholarship program benefits. |
---|
440 | | - | F. The State Regents shall promulgate rules relating to the |
---|
441 | | - | establishment and maintenance of eligibility under the scholarship |
---|
442 | | - | program. |
---|
443 | | - | SECTION 2. NEW LAW A new s ection of law to be codified |
---|
444 | | - | in the Oklahoma Statutes as Section 2501 of Title 70, unless there |
---|
| 395 | + | the scholarship program shall be given an absolute priority for |
---|
| 396 | + | continued financial support by the scholarship program a bove any |
---|
| 397 | + | students who are applying for an award f or the first time. |
---|
| 398 | + | SECTION 3. NEW LAW A new section of law to be codified |
---|
| 399 | + | in the Oklahoma Statutes as Section 2502 of Title 70, unless there |
---|
446 | | - | A. Subject to the availability of funds, an amount equivalent |
---|
447 | | - | to the nonguaranteed resident tuition at an institution of higher |
---|
448 | | - | education or the tuition at a technology center school for which an |
---|
449 | | - | eligible student is obligated at a CTP program shall be awarded by |
---|
450 | | - | allocation from the Oklahoma Higher Learning Access Trust Fund |
---|
| 401 | + | A. Except as otherwise provided f or in subsection B of this |
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| 402 | + | section, a student with an intellectual disability shall not be |
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| 403 | + | found to be in financial need for purposes of the Oklahoma Access |
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| 404 | + | and Achievement Act if prior to receiving any scho larship program |
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| 405 | + | award for any year during which t he student is enrolled in a CTP |
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| 406 | + | program at a state educational institution, the federal adjusted |
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| 407 | + | gross income of the student ’s parent(s) or legal guardian(s) exceeds |
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| 408 | + | One Hundred Thousand Dollars ($100,000.00) per year. The |
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| 409 | + | determination of financial quali fication provided in this subsection |
---|
| 410 | + | shall be based on the income of the student, not the income of the |
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| 411 | + | parent(s) or legal guardian(s), if a student is determined to b e |
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| 412 | + | independent of his or her parent(s) or legal guardian(s) for federal |
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| 413 | + | financial aid purposes. |
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| 414 | + | B. 1. A student with an intellectual disability who was |
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| 415 | + | adopted between birth and twelve (12) years of age while in the |
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| 416 | + | permanent custody of the Department of Human Services, in the court - |
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| 417 | + | ordered custody of a licensed private nonprofit child -placing |
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| 418 | + | agency, or federally recognized Indian tribe, as defined by the |
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477 | | - | created pursuant to Section 3953 .1 of Title 70 of the Oklahoma |
---|
478 | | - | Statutes. |
---|
479 | | - | B. Benefits awarded through the scholarship program shall be |
---|
480 | | - | awarded to all eligible student applic ants without any limitation on |
---|
481 | | - | the number of awards in any year other than the amount of funds |
---|
482 | | - | available for the sc holarship program and the number of elig ible |
---|
483 | | - | student applicants. Subject to the provisions of subsection C of |
---|
484 | | - | this section, if funds are not sufficient to provide awards for all |
---|
485 | | - | eligible student applicants, the Oklahoma State Regents for Higher |
---|
486 | | - | Education shall make awards on the basis of need. Provided, the |
---|
487 | | - | State Regents may take into consideration other grants and |
---|
488 | | - | scholarships received by an eligible student applicant when making |
---|
489 | | - | awards. |
---|
490 | | - | C. An award provided for by this section shall not be allowed |
---|
491 | | - | for courses or other postsecondary units tak en more than five (5) |
---|
492 | | - | years after the eligible student ’s first semester of postsecondary |
---|
493 | | - | enrollment. The State Regents may award the scholarship program |
---|
494 | | - | benefits for courses or other postsecondary units taken more t han |
---|
495 | | - | five (5) years after the eligible student ’s first semester of |
---|
496 | | - | postsecondary enrollment only in hardship circumstances; provided, |
---|
497 | | - | however, no eligible student may receive benefits beyond a |
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498 | | - | cumulative time period of five (5) years. |
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499 | | - | D. The State Regents may, at the time an award is made on |
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500 | | - | behalf of an eligible student, set aside in the Oklahoma Higher |
---|
| 446 | + | federal Indian Child Welfare Act, shall not be found to be in |
---|
| 447 | + | financial need for purposes of the Okla homa Access and Achievement |
---|
| 448 | + | Act if prior to receiving any scholarship program award for a ny year |
---|
| 449 | + | during which the student is enrolled in a CTP program at a state |
---|
| 450 | + | educational institution, the federal adjusted gross income of the |
---|
| 451 | + | student’s parent(s) exceeds One Hundred Fifty Thousand Dollars |
---|
| 452 | + | ($150,000.00) per year. |
---|
| 453 | + | 2. A student with an intellec tual disability who was adopted |
---|
| 454 | + | between thirteen (13) and seventeen (17) years of age while in the |
---|
| 455 | + | permanent custody of the Department of Human Services, in the court - |
---|
| 456 | + | ordered custody of a licensed private no nprofit child-placing |
---|
| 457 | + | agency, or federally recogn ized Indian tribe, as defined by the |
---|
| 458 | + | federal Indian Child Welfare Act, shall not be found to be in |
---|
| 459 | + | financial need for purposes of the Oklahoma Access and Achievement |
---|
| 460 | + | Act if prior to receiving any scholarship program award for any year |
---|
| 461 | + | during which the stud ent is enrolled in a CTP program at a state |
---|
| 462 | + | educational institution, the federal adjusted gross income of the |
---|
| 463 | + | student’s parent(s) exceeds Two Hundred Thousand Dollars |
---|
| 464 | + | ($200,000.00) per year. |
---|
| 465 | + | 3. The determination of financial qualification provided for in |
---|
| 466 | + | this subsection shall be based on the income of the student, not the |
---|
| 467 | + | income of the student ’s parent(s), if the student is determined to |
---|
| 468 | + | be independent of the student ’s parent(s) for federal financial aid |
---|
| 469 | + | purposes. |
---|
527 | | - | Learning Access Trust Fund funds for the full commitment made to the |
---|
528 | | - | student. For all academic years, students who have previously |
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529 | | - | received awards under t he provisions of the Oklahoma Access and |
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530 | | - | Achievement Act and who have continued at all times to fulfill the |
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531 | | - | requirements for eligibility to r eceive awards provided pursuant to |
---|
532 | | - | the scholarship program shall be given an absolute priority for |
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533 | | - | continued financial support by the scholarship program a bove any |
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534 | | - | students who are applying for an award for the first time. |
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535 | | - | SECTION 3. NEW LAW A new section of law to be codified |
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536 | | - | in the Oklahoma Statutes as Section 2502 of Title 70, unless there |
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537 | | - | is created a duplication in numbering, reads as follows: |
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538 | | - | A. Except as otherwise provided for in subsection B of this |
---|
539 | | - | section, a student with a n intellectual disability shall not be |
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540 | | - | found to be in financial need for purposes of the Oklahoma Access |
---|
541 | | - | and Achievement Act if prior to receiving any scho larship program |
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542 | | - | award for any year during which the student is enrolled in a CTP |
---|
543 | | - | program at a state e ducational institution, the federal adjusted |
---|
544 | | - | gross income of the student ’s parent(s) or legal guardian(s) exceeds |
---|
545 | | - | One Hundred Thousand Dollars ($100,000.00) per year. The |
---|
546 | | - | determination of financial qualification provided in this subsection |
---|
547 | | - | shall be based on the income of the student, not the income of the |
---|
548 | | - | parent(s) or legal guardian(s), if a student is determined to b e |
---|
549 | | - | independent of his or her parent(s) or legal guardian(s) for federal |
---|
550 | | - | financial aid purposes. |
---|
| 497 | + | SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is |
---|
| 498 | + | amended to read as follows: |
---|
| 499 | + | Section 3953.1. A. There is hereby created a trust fund to be |
---|
| 500 | + | known as the “Oklahoma Higher Learni ng Access Trust Fund ”. The |
---|
| 501 | + | Oklahoma State Regents for Higher Education shall be the trus tees of |
---|
| 502 | + | said the Trust Fund. |
---|
| 503 | + | B. The State Regents shall utilize said the Trust Fund to |
---|
| 504 | + | implement the provisions of Sections 2601 through 2605 of this title |
---|
| 505 | + | and Sections 1 through 3 of this act . |
---|
| 506 | + | C. The Trust Fund principal shall consist of monies the |
---|
| 507 | + | Legislature appropriates or transfers to the Oklahoma State Regents |
---|
| 508 | + | for Higher Education for the Trust Fund and any monies or assets |
---|
| 509 | + | contributed to the Trust Fund from any other source, public or |
---|
| 510 | + | private. All monies accruing to the credit of said the fund are |
---|
| 511 | + | hereby appropriated and may be budgeted and expended by the State |
---|
| 512 | + | Regents. Expenditures from said the fund shall be made upon |
---|
| 513 | + | warrants issued by the State Treasurer against claims filed as |
---|
| 514 | + | prescribed by law with the Director of the Office of Management a nd |
---|
| 515 | + | Enterprise Services for approval and payment. |
---|
| 516 | + | D. Notwithstanding other provisions of law, income and |
---|
| 517 | + | investment return on Trust Fund principal shall accrue to the Trust |
---|
| 518 | + | Fund for use as provided by author ization of the trustees for the |
---|
| 519 | + | purposes provided in Sections 2601 through 2605 of this title and |
---|
| 520 | + | Sections 1 through 3 of this act . The State Regents may also |
---|
577 | | - | B. 1. A student with an intellectual disabil ity who was |
---|
578 | | - | adopted between birth and twelve (12) years of age while in the |
---|
579 | | - | permanent custody of the Department of Human Services, in the court - |
---|
580 | | - | ordered custody of a licensed private nonprofit child -placing |
---|
581 | | - | agency, or federally recognized Indian tribe, as d efined by the |
---|
582 | | - | federal Indian Child Welfare Act, shall not be found to be in |
---|
583 | | - | financial need for purposes of the Okla homa Access and Achievement |
---|
584 | | - | Act if prior to receiving any scholarship program award for any year |
---|
585 | | - | during which the student is enrolled in a CT P program at a state |
---|
586 | | - | educational institution, the federal adjusted gross income of the |
---|
587 | | - | student’s parent(s) exceeds One Hundred Fifty Thousand Dollars |
---|
588 | | - | ($150,000.00) per year. |
---|
589 | | - | 2. A student with an intellectual disability who was adopted |
---|
590 | | - | between thirteen (13 ) and seventeen (17) years of age while in the |
---|
591 | | - | permanent custody of the Department of Human Services, in the court - |
---|
592 | | - | ordered custody of a licensed private no nprofit child-placing |
---|
593 | | - | agency, or federally recognized Indian tribe, as defined by the |
---|
594 | | - | federal Indian Child Welfare Act, shall not be found to be in |
---|
595 | | - | financial need for purposes of the Oklahoma Access and Achievement |
---|
596 | | - | Act if prior to receiving any scholarship program award for any year |
---|
597 | | - | during which the student is enrolled in a CTP program at a state |
---|
598 | | - | educational institution, the federal adjusted gross income of the |
---|
599 | | - | student’s parent(s) exceeds Two Hundred Thousand Dollars |
---|
600 | | - | ($200,000.00) per year. |
---|
| 548 | + | utilize the Trust Fund principal for the purposes provid ed in |
---|
| 549 | + | Sections 2601 through 2605 of this title and Sections 1 through 3 of |
---|
| 550 | + | this act. Except as otherwise provided by law, no such income or |
---|
| 551 | + | investment return or principal shall be used for administrative |
---|
| 552 | + | expenses; expenses incurred by the State Regents in the |
---|
| 553 | + | administration of the Trust Fund an d of the Oklahoma Higher Learning |
---|
| 554 | + | Access Program established by the Oklahoma Higher Learning Access |
---|
| 555 | + | Act and the Oklahoma Access and Achievement Program established by |
---|
| 556 | + | the Oklahoma Access and Achievement Act shall be paid from monies |
---|
| 557 | + | appropriated to the State Regents coordinating board for their |
---|
| 558 | + | general operating budget. |
---|
| 559 | + | E. The State Regents shall adopt rules for accomplishing |
---|
| 560 | + | transfer of funds from the Oklahoma Higher Learning Access Trust |
---|
| 561 | + | Fund to the appropriate ins titutional Educational and General |
---|
| 562 | + | Operations Revolving Funds, as provided in Section 390 1 of this |
---|
| 563 | + | title, to private institutions, and to the appropriate technology |
---|
| 564 | + | center school district to cover general enrollment fees or tuition |
---|
| 565 | + | for eligible students pu rsuant to the Oklahoma Higher Learning |
---|
| 566 | + | Access Act and the Oklahoma Access and Achievement Act. Allocations |
---|
| 567 | + | from the Trust Fund may be made only for the purpose of covering the |
---|
| 568 | + | general enrollment fees or tuition of eligible students. No portion |
---|
| 569 | + | of the Trust Fund may be used or allocated for adm inistrative or |
---|
| 570 | + | operating expenses of any higher e ducation institution or technology |
---|
| 571 | + | center school. |
---|
627 | | - | 3. The determination of financial qualification provided for in |
---|
628 | | - | this subsection shall be based on the income of the student, not the |
---|
629 | | - | income of the student ’s parent(s), if the student is determined to |
---|
630 | | - | be independent of the student ’s parent(s) for federal financial aid |
---|
631 | | - | purposes. |
---|
632 | | - | SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is |
---|
633 | | - | amended to read as follows: |
---|
634 | | - | Section 3953.1. A. There is hereby created a trust fund to be |
---|
635 | | - | known as the “Oklahoma Higher Learni ng Access Trust Fund ”. The |
---|
636 | | - | Oklahoma State Regents for Higher Education shall be the trustees of |
---|
637 | | - | said the Trust Fund. |
---|
638 | | - | B. The State Regents s hall utilize said the Trust Fund to |
---|
639 | | - | implement the provisions of Sections 2601 through 2605 of this title |
---|
640 | | - | and Sections 1 through 3 of this act . |
---|
641 | | - | C. The Trust Fund principal shall consist of monies the |
---|
642 | | - | Legislature appropriates or transfers to the Oklahoma St ate Regents |
---|
643 | | - | for Higher Education for the Trust Fund and any monies or assets |
---|
644 | | - | contributed to the Trust Fund from any other source, public or |
---|
645 | | - | private. All monies accruing to the credit of said the fund are |
---|
646 | | - | hereby appropriated and may be budgeted and expende d by the State |
---|
647 | | - | Regents. Expenditures from said the fund shall be made upon |
---|
648 | | - | warrants issued by the State Treasurer against claims filed as |
---|
649 | | - | prescribed by law with the Director of the Office of Management and |
---|
650 | | - | Enterprise Services for approval and payment. |
---|
651 | | - | |
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675 | | - | 24 |
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676 | | - | |
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677 | | - | D. Notwithstanding other provisions of law, income and |
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678 | | - | investment return on Trust Fund principal shall accrue to the Trust |
---|
679 | | - | Fund for use as provided by author ization of the trustees for the |
---|
680 | | - | purposes provided in Sections 2601 through 2605 of this title and |
---|
681 | | - | Sections 1 through 3 of this act . The State Regents may also |
---|
682 | | - | utilize the Trust Fund principal for the purposes provid ed in |
---|
683 | | - | Sections 2601 through 2605 of this title and Sections 1 through 3 of |
---|
684 | | - | this act. Except as otherwise provided by law, no such income or |
---|
685 | | - | investment return or principal shall be used for administrative |
---|
686 | | - | expenses; expenses incurred by the State Regents in the |
---|
687 | | - | administration of the Trust Fund an d of the Oklahoma Higher Learning |
---|
688 | | - | Access Program established by the Oklahoma Higher Learning Access |
---|
689 | | - | Act and the Oklahoma Access and Achievement Program established by |
---|
690 | | - | the Oklahoma Access and Achievement Act shall be paid from monies |
---|
691 | | - | appropriated to the State Regents coordinating board for their |
---|
692 | | - | general operating budget. |
---|
693 | | - | E. The State Regents shall adopt r ules for accomplishing |
---|
694 | | - | transfer of funds from the Oklahoma Higher Learning Access Trust |
---|
695 | | - | Fund to the appropriate ins titutional Educational and General |
---|
696 | | - | Operations Revolving Funds, as provided in Section 3901 of this |
---|
697 | | - | title, to private institutions, and to the appropriate technology |
---|
698 | | - | center school district to cover general enrollment fees or tuition |
---|
699 | | - | for eligible students pu rsuant to the Oklahoma Higher Learning |
---|
700 | | - | Access Act and the Oklahoma Access and Achievement Act. Allocations |
---|
701 | | - | |
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702 | | - | ENGR. S. B. NO. 1339 Page 12 1 |
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724 | | - | 23 |
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725 | | - | 24 |
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726 | | - | |
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727 | | - | from the Trust Fund may be made o nly for the purpose of covering the |
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728 | | - | general enrollment fees or tuition of eligible students. No portion |
---|
729 | | - | of the Trust Fund may be used or allocated for adm inistrative or |
---|
730 | | - | operating expenses of any higher education institution or technology |
---|
731 | | - | center school. |
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