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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1339 By: Seifried of the Senate
and
Hefner and McBride of the
House
An Act relating to higher education; creating the
Oklahoma Access and Achievement Act; providing short
title; defining terms; creating the Oklahoma Access
and Achievement Program; providing purpose of
program; providing for award amount; providing
eligibility criteria for program; providing retention
eligibility criteria for program; providing for
promulgation of rules; pr oviding for calculation of
scholarship program award to be allocate d from
certain fund; directing benefits to be awarded to
certain eligible applicants subject to availability
of funding and the number of eligible applicants;
directing the Oklahoma State R egents for Higher
Education to make awards on certain basis if cert ain
funds are insufficient; allowing the State Regents to
take into consideration certain grants and
scholarships; prohibiting award from being allowed
for certain courses or units taken af ter certain
period of time; allow ing award for certain courses or
units taken after certain period of time under
certain circumstances; a llowing the State Regents to
set aside certain funds for certain full commitment;
directing priority to be given to cer tain continued
support; providing for calculation of financial need ;
amending 70 O.S. 2021, Section 3953.1, which relates
to the Oklahoma Higher Learning Access Trust Fund;
updating statutory language; expanding use of fund
for certain purpose; providing f or codification;
providing an effective date; and declaring an
emergency.
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AMENDMENT NO. 1. Page 1, lines 6 through 20.5, strike the title to
read:
"[ higher education - Oklahoma Access and Achievement
Act - Oklahoma Access and Achievement Program -
Oklahoma State Regents for Higher Education -
Oklahoma Higher Learning Access Trust Fund - use of
fund - codification - effective date –
emergency ]"
Passed the House of Representatives the 24th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1339 By: Seifried of the Senate
and
Hefner and McBride of the
House
An Act relating to higher education; creating the
Oklahoma Access and Achievement Act; providing short
title; defining terms; creating the Oklahoma Access
and Achievement Program; providing purpose of
program; providing for award amount; providing
eligibility criteria for program; providing r etention
eligibility criteria for program; providing for
promulgation of rules; providing for calculation of
scholarship program award to be allocated from
certain fund; directing benefits to be awarded to
certain eligible applicants subject to availabilit y
of funding and the number of eligible applicants;
directing the Oklahoma State Regents for Higher
Education to make awards on certain basis if certain
funds are insufficient; allowing the State Regents to
take into consideration certain grants and
scholarships; prohibiting award from being allowed
for certain courses or units taken after certain
period of time; allow ing award for certain courses or
units taken after certain period of time under
certain circumstances; a llowing the State Regents to
set aside certain funds for certain full commitment;
directing priority to be given to certain continued
support; providing for calculation of financial need;
amending 70 O.S. 2021, Section 3953.1, which relates
to the Oklahoma Higher Learning Access Trust Fund;
updating statutory language; expanding use of fund
for certain purpose; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2500 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Access and Achievement Act”.
B. As used in this act:
1. “CTP program” means a degree, certificate, or nondegree
program that meets each of the fol lowing criteria:
a. is offered by an ins titution of higher education or
technology center school ,
b. is delivered to students physically atte nding the
institution of higher education or technology center
school,
c. is designed to support students with inte llectual
disabilities who are seeking to continue academic,
career and technical, and independent living
instruction at an institution of hig her education or
technology center school to prepare for gainful
employment,
d. includes an advising and curriculum structure,
e. requires students with in tellectual disabilities to
participate on not less than a half -time basis as
determined by the instit ution of higher education or
technology center school , with such participation
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focusing on academic components and occurring through
one or more of the following activities:
(1) regular enrollment in credit -bearing courses with
nondisabled students offered by the institution
of higher education or technology center school ,
(2) auditing or participating in courses with
nondisabled students offered by the inst itution
for higher education or technology center school
for which the student does not receive regul ar
academic credit,
(3) enrollment in noncredit -bearing, nondegree
courses with nondisabled students, or
(4) participation in internships or work -based
training in settings with nondisabled students,
f. requires students with intellectual disabilities to b e
socially and academically integrated with nondisabled
students to the maximum extent possible, and
g. is approved by the United States Department of
Education pursuant to P.L. No. 110 -315, the Higher
Education Opportunity Act, as amended;
2. “Eligible student” means a student with an intellectual
disability who is eligible for the scholarship program;
3. “Scholarship program” means the Oklahoma Access and
Achievement Program;
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4. “State educational institution ” means a higher education
institution or technology center school supported wholly or in part
by direct legislative appropriations that provides a CTP program ;
5. “State Regents” means the Oklahoma State Regents for Higher
Education; and
6. “Student with an intellectual disability ” means a student:
a. with a cognitive impairment, characterized by
significant limitations in intellectual and cognitive
functioning and adaptive behavior as expressed in
conceptual, social, and practical adaptive skills, and
b. who is currently or was formerly eligible for a free
appropriate public education under the Individuals
with Disabilities Education Act (IDEA), including a
student who was determined eligible for special
education or related services under IDEA but attended
a private school or was educated pursuan t to the other
means of education exception provided for in
subsection A of Section 10 -105 of Title 70 of the
Oklahoma Statutes.
C. There is hereby created a program to be known as the
Oklahoma Access and Achievement Program. The purpose of the program
is to provide an award to eligible students with intellectual
disabilities who are pursuing studies in this state at a CTP
program. The award shall be an a mount equal to the nonguaranteed
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resident tuition at an institution of higher education or the
tuition at a technology center school .
D. A student with an intellectual disability shall be eligible
for the Oklahoma Access and Achievement Program if the student:
1. Is a resident of this state or enrolled in a school district
located in this state that ser ves students who reside in both this
state and an adjacent state pursuant to a contract authorized by
Section 5-117.1 of Title 70 of the Oklahoma Statutes;
2. Is a United States citizen or lawfully present in the United
States. A student who is not a Uni ted States citizen or lawfully
present in the United States shall not be eligible to participate in
the scholarship program and qualify for an award;
3. Has graduated within the previous six (6) years from a
public high school accredited by the State Boar d of Education or a
private school, or has satisfactorily completed within the previous
six (6) years an educationa l program that was provided through a
means other than a public or private school;
4. Has secured admission to and enrolled in a CTP program at an
educational institution that meets the requirements to be eligible
for federal student financial aid; and
5. Has established financial need according to the provisions
of Section 3 of this act and standards and provisions promulgated by
the State Regents.
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E. To retain eligibility in the scholarship program, a student
with an intellectual disability shall:
1. Meet the requirements for retention and completion as
established by the state educational institution where the student
is enrolled;
2. Maintain satisfactory academic progress as required by the
CTP program criteria ;
3. Comply with the standards related to maintenance of
eligibility as promulgated by the State Regents; and
4. Refrain from conduct that leads to expulsion or suspension
of more than one semester from a state educational institution. A
student who violates the provisions of this paragraph shall
permanently lose eligibility for s cholarship program benefits.
F. The State Regents shall promulgate rules relating to the
establishment and maintenance of eligibility under the scholarship
program.
SECTION 2. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 2501 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Subject to the availability of funds, an amount equivalent
to the nonguaranteed resident tuition at an institution of higher
education or the tuition at a technology center school for which an
eligible student is obligated at a CTP program shall be awarded by
allocation from the Oklahoma Higher Learning Access Trust Fund
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created pursuant to Section 3953 .1 of Title 70 of the Oklahoma
Statutes.
B. Benefits awarded through the scholarship program shall be
awarded to all eligible student applic ants without any limitation on
the number of awards in any year other than the amount of funds
available for the sc holarship program and the number of elig ible
student applicants. Subject to the provisions of subsection C of
this section, if funds are not sufficient to provide awards for all
eligible student applicants, the Oklahoma State Regents for Higher
Education shall make awards on the basis of need. Provided, the
State Regents may take into consideration other grants and
scholarships received by an eligible student applicant when making
awards.
C. An award provided for by this section shall not be allowed
for courses or other postsecondary units tak en more than five (5)
years after the eligible student ’s first semester of postsecondary
enrollment. The State Regents may award the scholarship program
benefits for courses or other postsecondary units taken more t han
five (5) years after the eligible student ’s first semester of
postsecondary enrollment only in hardship circumstances; provided,
however, no eligible student may receive benefits beyond a
cumulative time period of five (5) years.
D. The State Regents may, at the time an award is made on
behalf of an eligible student, set aside in the Oklahoma Higher
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Learning Access Trust Fund funds for the full commitment made to the
student. For all academic years, students who have previously
received awards under t he provisions of the Oklahoma Access and
Achievement Act and who have continued at all times to fulfill the
requirements for eligibility to r eceive awards provided pursuant to
the scholarship program shall be given an absolute priority for
continued financial support by the scholarship program a bove any
students who are applying for an award for the first time.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2502 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided for in subsection B of this
section, a student with a n intellectual disability shall not be
found to be in financial need for purposes of the Oklahoma Access
and Achievement Act if prior to receiving any scho larship program
award for any year during which the student is enrolled in a CTP
program at a state e ducational institution, the federal adjusted
gross income of the student ’s parent(s) or legal guardian(s) exceeds
One Hundred Thousand Dollars ($100,000.00) per year. The
determination of financial qualification provided in this subsection
shall be based on the income of the student, not the income of the
parent(s) or legal guardian(s), if a student is determined to b e
independent of his or her parent(s) or legal guardian(s) for federal
financial aid purposes.
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B. 1. A student with an intellectual disabil ity who was
adopted between birth and twelve (12) years of age while in the
permanent custody of the Department of Human Services, in the court -
ordered custody of a licensed private nonprofit child -placing
agency, or federally recognized Indian tribe, as d efined by the
federal Indian Child Welfare Act, shall not be found to be in
financial need for purposes of the Okla homa Access and Achievement
Act if prior to receiving any scholarship program award for any year
during which the student is enrolled in a CT P program at a state
educational institution, the federal adjusted gross income of the
student’s parent(s) exceeds One Hundred Fifty Thousand Dollars
($150,000.00) per year.
2. A student with an intellectual disability who was adopted
between thirteen (13 ) and seventeen (17) years of age while in the
permanent custody of the Department of Human Services, in the court -
ordered custody of a licensed private no nprofit child-placing
agency, or federally recognized Indian tribe, as defined by the
federal Indian Child Welfare Act, shall not be found to be in
financial need for purposes of the Oklahoma Access and Achievement
Act if prior to receiving any scholarship program award for any year
during which the student is enrolled in a CTP program at a state
educational institution, the federal adjusted gross income of the
student’s parent(s) exceeds Two Hundred Thousand Dollars
($200,000.00) per year.
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3. The determination of financial qualification provided for in
this subsection shall be based on the income of the student, not the
income of the student ’s parent(s), if the student is determined to
be independent of the student ’s parent(s) for federal financial aid
purposes.
SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is
amended to read as follows:
Section 3953.1. A. There is hereby created a trust fund to be
known as the “Oklahoma Higher Learni ng Access Trust Fund ”. The
Oklahoma State Regents for Higher Education shall be the trustees of
said the Trust Fund.
B. The State Regents s hall utilize said the Trust Fund to
implement the provisions of Sections 2601 through 2605 of this title
and Sections 1 through 3 of this act .
C. The Trust Fund principal shall consist of monies the
Legislature appropriates or transfers to the Oklahoma St ate Regents
for Higher Education for the Trust Fund and any monies or assets
contributed to the Trust Fund from any other source, public or
private. All monies accruing to the credit of said the fund are
hereby appropriated and may be budgeted and expende d by the State
Regents. Expenditures from said the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
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D. Notwithstanding other provisions of law, income and
investment return on Trust Fund principal shall accrue to the Trust
Fund for use as provided by author ization of the trustees for the
purposes provided in Sections 2601 through 2605 of this title and
Sections 1 through 3 of this act . The State Regents may also
utilize the Trust Fund principal for the purposes provid ed in
Sections 2601 through 2605 of this title and Sections 1 through 3 of
this act. Except as otherwise provided by law, no such income or
investment return or principal shall be used for administrative
expenses; expenses incurred by the State Regents in the
administration of the Trust Fund an d of the Oklahoma Higher Learning
Access Program established by the Oklahoma Higher Learning Access
Act and the Oklahoma Access and Achievement Program established by
the Oklahoma Access and Achievement Act shall be paid from monies
appropriated to the State Regents coordinating board for their
general operating budget.
E. The State Regents shall adopt r ules for accomplishing
transfer of funds from the Oklahoma Higher Learning Access Trust
Fund to the appropriate ins titutional Educational and General
Operations Revolving Funds, as provided in Section 3901 of this
title, to private institutions, and to the appropriate technology
center school district to cover general enrollment fees or tuition
for eligible students pu rsuant to the Oklahoma Higher Learning
Access Act and the Oklahoma Access and Achievement Act. Allocations
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from the Trust Fund may be made o nly for the purpose of covering the
general enrollment fees or tuition of eligible students. No portion
of the Trust Fund may be used or allocated for adm inistrative or
operating expenses of any higher education institution or technology
center school.
SECTION 5. This act shall become effective July 1, 2024.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives