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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 406 By: Brooks
AS INTRODUCED
An Act relating to the Oklahoma Higher Learning
Access Program; amending 70 O.S. 2021, Section 2605,
as last amended by Section 2, Chapte r 274, O.S.L.
2024 (70 O.S. Supp. 2024, Section 2605), which
relates to public awareness for the program;
directing certain designated individuals to annually
evaluate students in certain grades based on certain
program eligibility criteria; directing the
designated individual to make certain students and
their parents aware of certain opportunity; updating
statutory references; providing an effective date;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
last amended by Section 2, Chapter 274, O.S.L. 2024 (70 O.S. Supp.
2024, Section 2605), is amended to read as follows:
Section 2605. A. Each school year, every fifth - through
eleventh-grade student in the public and private schools of this
state and students w ho are educated by other means and are in the
equivalent of the fifth through eleventh grade shall be apprised,
together with the parent, custodial parent, or guardian of the
student, of the opportunity for access to higher learning under the
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Oklahoma Higher Learning Access Program. The Oklahoma State Regents
for Higher Education and the State Board of Education shall develop,
promote, and coordinate a public awareness program to be utilized in
making students and parents aware of the Oklahoma Higher Learn ing
Access Program.
B. 1. On a form provided by the Oklahoma State Regents for
Higher Education, every public school district shall designate at
least one Oklahoma Higher Learn ing Access Program contact person,
who shall 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 shal l assist the State Regents to ensure the
designation of contact persons. Priv ate 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 the
contact person.
2. The individual designated as an Oklahoma Higher Learning
Access Program contact person pursuant to paragraph 1 of this
subsection at each school district in this state shall annually
evaluate students in eighth, ninth, tenth, and eleventh grade based
on the program eligibility criteria set forth in subparagraphs a
through d of paragraph 1 of subsection C of this section. The
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contact person shall make potentially eligible students and their
parents aware of the opportunity to participate in the program.
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 subparagraph 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 Regents
for Higher Education shall be given the opportunity throu ghout 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 educated by
other means, to enter into participation in the progra m by agreeing
to, throughout the remainder of their school years or educationa l
program:
a. attend school or an educational program regularly and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinquent act s,
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 State Board of
Education, and
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f. participate in program activities.
2. Students who meet the eligibility qualification set forth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of
this title after completing the eleventh grade or after reaching the
age of seventeen (17) shall be given the opportunity pri or 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 Education.
3. The contact person shall maintain the agreements, whic h
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, and
the contact person shall monitor compliance of the student wit h the
terms of the agreement. The Oklahoma State Regents for Higher
Education are authorized to process student agreements and verify
compliance with the agreements. Students failing to comply with the
terms of the agreement shall not be eligible for the awards provided
in Section 2604 of this title.
D. Except as otherwise provid ed 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:
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1. 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 program in the 2017 -2018
school year, the federal adjusted gross income of the student ’s
parent(s) exceeds Fifty -five Thousand Dollars ($55,000.00) per year;
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 adjus ted gross income of the
student’s parent(s) exceeds Sixty Thousand Dollars ($6 0,000.00) per
year;
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 gross income of the student ’s
parent(s), who have two or fewer dependent children,
exceeds Sixty Thousan d Dollars ($60,000.00) per year,
b. the federal adjusted gross income of the s tudent’s
parent(s), who have three or four dependent children,
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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;
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 institution
which is a member of The Oklahoma S tate 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 qualification as set forth in
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 aid 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 of 1978, 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
5. The Oklahoma Stat e Regents for Higher Education shall review
the determination of financial qualification as set forth in
paragraphs 1, 2, and 3 of this subsection if the income from taxable
and nontaxable sources of the student ’s parent(s) includes income
received from nontaxable 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 due to the death or
disability of the student ’s parent(s), does not exceed the
limitations set forth by paragraphs 1, 2, and 3 of this subsection,
the student shall be determined to have met the financial
qualification set forth in paragraphs 1, 2, and 3 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 Department of
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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 of 1978,
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 Learning Access Program benefit award, the federal adjusted
gross income of the student ’s parent(s) exceeds One Hund red 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 adopted between thirteen (13) and
seventeen (17) years of age while in the permanent c ustody of the
Department of Human Services, in the court -ordered custody of a
licensed private nonprofit child -placing agency, or federally
recognized Indian tribe, as defined by the federal Indian Child
Welfare Act of 1978, 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 Learn ing Access Program benefit award,
the federal adjusted gross income of the stu dent’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 t han his or her
official date of high school graduation shall not be found to b e in
financial need for purposes of the Oklahoma Higher Learning Access
Program if the federal adjusted gross income of the student exceeds
Sixty Thousand Dollars ($60,000.00) pe r year.
4. Except for students who qualify pursuant to subsection B of
Section 2603 of this title, the determination 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), i f 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 t he student
applies for participation in the program. 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
2008-2009 school year.
F. The financial qualificat ion 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 shall 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 Education; and
4. Assist the student in completing forms and reports required
for program participation, making applications to institutions and
schools of higher learning, and filing applications for student
grants and scholarships.
H. The Oklahoma State Regents for Higher Education shall
promulgate rules for the determination of student compliance with
agreements made pursuant to this section.
I. The Oklahoma State Regents for Higher Education shall
designate personnel to coordinate 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
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with the State Board of Education and local organizations and
individuals participating in t he program.
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 s chool district where the student
enrolls 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.
K. Students participating in the Oklahoma Higher Learning
Access Program shall provide their Social Securi ty number or their
student identification number used by their school to the Oklahoma
State Regents for Higher Education. The State Regents shall keep
the numbers confidential a nd use them only for administrative
purposes.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. 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.
60-1-323 EB 1/7/2025 7:35:40 AM