1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 1st Session of the 59th Legislature (2023) | | | 4|COMMITTEE SUBSTITUTE | |FOR | 5|HOUSE BILL NO. 2718 By: Hefner, McBride, Waldron, | | and Dollens of the House | 6| | | and | 7| | | Montgomery of the Senate | 8| | | | 9| | | | 10| COMMITTEE SUBSTITUTE | | | 11| [ higher education - Oklahoma Higher Learning Access | | | 12| Trust Fund - administrative expenses - Oklahoma | | | 13| Promise Opportunity Scholarship Act - defining | | | 14| terms program - requirements rules - award | | | 15| applicants - funds students person program - | | | 16| need - witnessed rules transfers number | | | 17| purposes - codification - effective date ] | | | 18| | | | 19| | | | 20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 21| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3953.1, is | | | 22|amended to read as follows: | | | 23| Section 3953.1 A. There is hereby created a trust fund to be | | | 24|known as the "Oklahoma Higher Learning Access Trust Fund". The | | | arsid16268126 HB2718 HFLR Page 1 ___________________________________________________________________________
1|Oklahoma State Regents for Higher Education shall be the trustees of | | | 2|said Trust Fund. | | | 3| B. The State Regents shall utilize said Trust Fund to implement | | | 4|the provisions of Sections 2601 through 2605 of this title and | | | 5|Sections 2 through 4 of this act. | | | 6| C. The Trust Fund principal shall consist of monies the | | | 7|Legislature appropriates or transfers to the Oklahoma State Regents | | | 8|for Higher Education for the Trust Fund and any monies or assets | | | 9|contributed to the Trust Fund from any other source, public or | | | 10|private. All monies accruing to the credit of said fund are hereby | | | 11|appropriated and may be budgeted and expended by the State Regents. | | | 12|Expenditures from said fund shall be made upon warrants issued by | | | 13|the State Treasurer against claims filed as prescribed by law with | | | 14|the Director of the Office of Management and Enterprise Services for | | | 15|approval and payment. | | | 16| D. Notwithstanding other provisions of law, income and | | | 17|investment return on Trust Fund principal shall accrue to the Trust | | | 18|Fund for use as provided by authorization of the trustees for the | | | 19|purposes provided in Sections 2601 through 2605 of this title and | | | 20|Sections 2 through 4 of this act. The State Regents may also | | | 21|utilize the Trust Fund principal for the purposes provided in | | | 22|Sections 2601 through 2605 of this title and Sections 2 through 4 of | | | 23|this act. Except as otherwise provided by law, no such income or | | | 24|investment return or principal shall be used for administrative | | | arsid16268126 HB2718 HFLR Page 2 ___________________________________________________________________________
1|expenses; expenses incurred by the State Regents in the | | | 2|administration of the Trust Fund and of the Oklahoma Higher Learning | | | 3|Access Program established by the Oklahoma Higher Learning Access | | | 4|Act and of the Oklahoma Promise Opportunity Scholarship program | | | 5|established by the Oklahoma Promise Opportunity Scholarship Act | | | 6|shall be paid from monies appropriated to the State Regents | | | 7|coordinating board for their general operating budget. | | | 8| E. The Regents shall adopt rules for accomplishing transfer of | | | 9|funds from the Oklahoma Higher Learning Access Trust Fund to the | | | 10|appropriate institutional Educational and General Operations | | | 11|Revolving Funds, as provided in Section 3901 of this title, to | | | 12|private institutions, and to the appropriate technology center | | | 13|school district to cover general enrollment fees or tuition for | | | 14|eligible students pursuant to the Oklahoma Higher Learning Access | | | 15|Act and the Oklahoma Promise Opportunity Scholarship Act. | | | 16|Allocations from the Trust Fund may be made only for the purpose of | | | 17|covering the general enrollment fees or tuition of eligible | | | 18|students. No portion of the Trust Fund may be used or allocated for | | | 19|administrative or operating expenses of any higher education | | | 20|institution or technology center school. | | | 21| SECTION 2. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 2501 of Title 70, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| | | | arsid16268126 HB2718 HFLR Page 3 ___________________________________________________________________________
1| A. This act shall be known and may be cited as the "Oklahoma | | | 2|Promise Opportunity Scholarship Act". | | | 3| B. As used in the Oklahoma Promise Opportunity Scholarship Act: | | | 4| 1. "Board" means the State Board of Education; | | | 5| 2. "Comprehensive transition and postsecondary program for | | | 6|students with intellectual disabilities" or "CTP program" means a | | | 7|degree, certificate, or nondegree program that meets each of the | | | 8|following: | | | 9| a. is offered by a state educational institution, | | | 10| b. is designed to support students with intellectual | | | 11| disabilities who are seeking to continue academic, | | | 12| career and technical, and independent living | | | 13| instruction at a state educational institution in | | | 14| order to prepare for gainful employment, | | | 15| c. includes an advising and curriculum structure, | | | 16| d. requires students with intellectual disabilities to | | | 17| participate on not less than a half-time basis as | | | 18| determined by the institution, with participation | | | 19| focusing on academic components, and occurring through | | | 20| one or more of the following activities: | | | 21| (1) regular enrollment in credit-bearing courses with | | | 22| nondisabled students offered by the institution, | | | 23| | | | 24| | | | arsid16268126 HB2718 HFLR Page 4 ___________________________________________________________________________
1| (2) auditing or participating in courses with | | | 2| nondisabled students offered by the institution | | | 3| for which the student does not receive regular | | | 4| academic credit, | | | 5| (3) enrollment in noncredit-bearing, nondegree | | | 6| courses with nondisabled students, or | | | 7| (4) participation in internships or work-based | | | 8| training in settings with nondisabled | | | 9| individuals, and | | | 10| e. requires students with intellectual disabilities to | | | 11| be socially and academically integrated with | | | 12| non-disabled students to the maximum extent possible; | | | 13| 3. "Program" means the Oklahoma Promise Opportunity Scholarship | | | 14|program; | | | 15| 4. "State educational institution" means any higher education | | | 16|institution supported wholly or in part by direct legislative | | | 17|appropriations which provides a comprehensive transition and | | | 18|postsecondary program for students with intellectual disabilities; | | | 19| 5. "State Regents" means the Oklahoma State Regents for Higher | | | 20|Education; and | | | 21| 6. "Student" means a student with: | | | 22| a. a cognitive impairment, characterized by significant | | | 23| limitations in intellectual and cognitive functioning | | | 24| | | | arsid16268126 HB2718 HFLR Page 5 ___________________________________________________________________________
1| and adaptive behavior as expressed in conceptual, | | | 2| social, and practical adaptive skills, and | | | 3| b. who is currently, or was formerly, eligible for a | | | 4| free appropriate public education under the federal | | | 5| Individuals with Disabilities Education Act. | | | 6| C. There is hereby created a program to be known as the | | | 7|"Oklahoma Promise Opportunity Scholarship". The purpose of the | | | 8|program is to provide an award to eligible students who are pursuing | | | 9|studies in this state at a CTP program, that will relieve students | | | 10|from paying nonguaranteed resident tuition at state educational | | | 11|institutions. | | | 12| D. A student shall be eligible for the Oklahoma Promise | | | 13|Opportunity Scholarship program if the student: | | | 14| 1. Meets the definition for student provided in paragraph 6 of | | | 15|subsection B of this section; | | | 16| 2. Is a resident of this state or enrolled in a school district | | | 17|located in this state that serves students who reside in both this | | | 18|state and an adjacent state pursuant to a contract as authorized in | | | 19|Section 5-117.1 of Title 70 of the Oklahoma Statutes; | | | 20| 3. Is a United States citizen or lawfully present in the United | | | 21|States. A student who is not a United States citizen or lawfully | | | 22|present in the United States shall not be eligible to participate in | | | 23|the program and qualify for an award notwithstanding the provisions | | | 24|of Section 3242 of Title 70 of the Oklahoma Statutes; | | | arsid16268126 HB2718 HFLR Page 6 ___________________________________________________________________________
1| 4. Has a record of satisfactory compliance with agreements | | | 2|executed pursuant to Section 4 of this act; | | | 3| 5. Has graduated within the previous six (6) years from a | | | 4|public high school accredited by the State Board of Education or a | | | 5|private school, or has satisfactorily completed within the previous | | | 6|six (6) years an educational program that was provided through a | | | 7|means other than a public or private school; | | | 8| 6. Has completed the curricular requirements for admission to a | | | 9|state educational institution; | | | 10| 7. Has satisfied admission standards as determined by the State | | | 11|Regents for first-time-entering students for the appropriate type of | | | 12|state educational institution; | | | 13| 8. Have secured admission to, and enrolled in, a state | | | 14|educational institution that meets the requirements to be eligible | | | 15|for federal student financial aid; and | | | 16| 9. Has established financial need according to the provisions | | | 17|of subsection D of Section 4 of this act and standards and | | | 18|provisions promulgated by the State Regents. | | | 19| E. To retain eligibility in the program, the student shall: | | | 20| 1. Meet the requirements for retention and completion as | | | 21|established by the state educational institution where the student | | | 22|is enrolled; | | | 23| 2. Maintain good academic standing and satisfactory academic | | | 24|progress according to standards of the State Regents; | | | arsid16268126 HB2718 HFLR Page 7 ___________________________________________________________________________
1| 3. Maintain satisfactory academic progress as required for | | | 2|eligibility for federal Title IV student financial aid programs; | | | 3| 4. Comply with the standards related to maintenance of | | | 4|eligibility as promulgated by the State Regents; and | | | 5| 5. Refrain from conduct that leads to expulsion or suspension | | | 6|of more than one (1) semester from a state educational institution. | | | 7|A student who violates the provisions of this paragraph shall | | | 8|permanently lose eligibility for program benefits. | | | 9| F. The State Regents shall promulgate rules relating to | | | 10|maintenance of eligibility under the program by a student. | | | 11| SECTION 3. NEW LAW A new section of law to be codified | | | 12|in the Oklahoma Statutes as Section 2502 of Title 70, unless there | | | 13|is created a duplication in numbering, reads as follows: | | | 14| A. Subject to the availability of funds, an amount equivalent | | | 15|to the nonguaranteed resident tuition for which an eligible Oklahoma | | | 16|Promise Opportunity Scholarship program student is obligated at a | | | 17|state educational institution shall be awarded by allocation from | | | 18|the Oklahoma Higher Learning Access Trust Fund. | | | 19| B. Benefits awarded through the program shall be awarded to all | | | 20|eligible student applicants without any limitation on the number of | | | 21|awards in any year other than the amount of funds available for the | | | 22|program and the number of eligible applicants. Subject to the | | | 23|provisions of subsection D of this section, if funds are not | | | 24|sufficient to provide awards for all eligible applicants, the State | | | arsid16268126 HB2718 HFLR Page 8 ___________________________________________________________________________
1|Regents shall make awards on the basis of need. Provided, the State | | | 2|Regents may take into consideration other grants and scholarships | | | 3|received by an eligible applicant when making awards. | | | 4| C. The State Regents may, at the time an award is made on | | | 5|behalf of an Oklahoma Promise Opportunity Scholarship program | | | 6|student, set aside in the Oklahoma Higher Learning Access Trust Fund | | | 7|funds for the full commitment made to the student. For all academic | | | 8|years, students who have previously received awards under the | | | 9|provisions of the Oklahoma Promise Opportunity Scholarship Act, and | | | 10|who have continued at all times to fulfill the requirements for | | | 11|eligibility to receive awards provided pursuant to this program, | | | 12|shall be given an absolute priority for continued financial support | | | 13|by the Oklahoma Promise Opportunity Scholarship program superior to | | | 14|any students who are applying for an award for the first time. | | | 15| SECTION 4. NEW LAW A new section of law to be codified | | | 16|in the Oklahoma Statutes as Section 2503 of Title 70, unless there | | | 17|is created a duplication in numbering, reads as follows: | | | 18| A. Each school year, the parent or legal guardian of every | | | 19|fifth- through eleventh-grade student in the public and private | | | 20|schools of this state and students who are educated by other means | | | 21|and are in the equivalent of the fifth through eleventh grade, who | | | 22|meets the definition for student provided in paragraph 6 of | | | 23|subsection B of Section 2 of this act, shall be informed of the | | | 24|opportunity for access to higher learning through the Oklahoma | | | arsid16268126 HB2718 HFLR Page 9 ___________________________________________________________________________
1|Promise Opportunity Scholarship Act. The State Regents and the | | | 2|State Board of Education shall develop, promote, and coordinate a | | | 3|public awareness program to be utilized in making students and | | | 4|parents aware of the Oklahoma Promise Opportunity Scholarship | | | 5|program. | | | 6| B. On a form provided by the State Regents, every public school | | | 7|district shall designate at least one (1) Oklahoma Promise | | | 8|Opportunity Scholarship program contact person, who shall be a | | | 9|counselor or teacher, at each public school site in this state in | | | 10|which eighth-, ninth-, tenth-, or eleventh-grade classes are taught. | | | 11| When requested by the State Regents, the Board shall assist the | | | 12|State Regents to ensure the designation of contact persons. Private | | | 13|schools shall also designate at least one (1) school official as a | | | 14|contact person. For students who are educated by other means, a | | | 15|parent, legal guardian, or other person approved by the State | | | 16|Regents shall be designated the contact person. | | | 17| C. 1. Students who qualify on the basis of financial need | | | 18|according to subsection D or E of this section prior to entering the | | | 19|eleventh grade or prior to reaching sixteen (16) years of age and | | | 20|who meet the standards and provisions promulgated by the State | | | 21|Regents, shall be given the opportunity throughout the eighth-, | | | 22|ninth-, tenth-, and eleventh-grade years, for students enrolled in a | | | 23|public or private school, or between thirteen (13) and sixteen (16) | | | 24|years of age, for students who are educated by other means, to enter | | | arsid16268126 HB2718 HFLR Page 10 ___________________________________________________________________________
1|into participation in the program by agreeing, throughout the | | | 2|remainder of their school years or educational program, to: | | | 3| a. attend school or an educational program regularly, | | | 4| b. refrain from substance abuse, | | | 5| c. refrain from commission of violent crimes, | | | 6| d. have school work and school records reviewed by | | | 7| mentors designated pursuant to the program, | | | 8| e. provide information requested by the State Regents or | | | 9| the Board, and | | | 10| f. participate in required program activities. | | | 11| 2. The contact person shall maintain the agreements, which | | | 12|shall be executed on forms provided by the State Regents and managed | | | 13|according to regulations promulgated by the State Regents, and the | | | 14|contact person shall monitor compliance of the student with the | | | 15|terms of the agreement. The State Regents are authorized to process | | | 16|student agreements and verify compliance with the agreements. | | | 17|Students failing to comply with the terms of the agreement shall not | | | 18|be eligible for the awards provided in Section 3 of this act. | | | 19| D. Except as otherwise provided for in subsection E of this | | | 20|section, a student shall not be found to be in financial need for | | | 21|purposes of the Oklahoma Promise Opportunity Scholarship Act if: | | | 22| 1. At the time the student applies for participation in the | | | 23|program during the eighth, ninth, or tenth grade for students | | | 24|enrolled in a public or private school, or between thirteen (13) and | | | arsid16268126 HB2718 HFLR Page 11 ___________________________________________________________________________
1|fifteen (15) years of age for students who are educated by other | | | 2|means: | | | 3| a. the federal adjusted gross income of the student's | | | 4| parent(s), who have two (2) or fewer dependent | | | 5| children, exceeds Sixty-five Thousand Dollars | | | 6| ($65,000.00) per year, | | | 7| b. the federal adjusted gross income of the student's | | | 8| parent(s), who have three (3) or four (4) dependent | | | 9| children, exceeds Seventy-five Thousand Dollars | | | 10| ($75,000.00) per year, or | | | 11| c. the federal adjusted gross income of the student's | | | 12| parent(s), who have five (5) or more dependent | | | 13| children, exceeds Eighty-five Thousand Dollars | | | 14| ($85,000.00) per year; | | | 15| 2. At the time the student begins postsecondary education and | | | 16|prior to receiving any program award, the federal adjusted gross | | | 17|income of the student's parent(s) exceeds One Hundred Thousand | | | 18|Dollars ($100,000.00) per year; and | | | 19| 3. Prior to receiving any program award for any year during | | | 20|which the student is enrolled in a state educational institution, | | | 21|the federal adjusted gross income of the student's parent(s) exceeds | | | 22|One Hundred Thousand Dollars ($100,000.00) per year. | | | 23| The determination of financial qualification provided in | | | 24|paragraphs 2 and 3 of this subsection shall be based on the income | | | arsid16268126 HB2718 HFLR Page 12 ___________________________________________________________________________
1|of the student, not the income of the parent(s), if a student is | | | 2|determined to be independent of the student's parents for federal | | | 3|financial aid purposes, was in the permanent custody of the | | | 4|Department of Human Services at the time the student enrolled in the | | | 5|program, or was in the court-ordered custody of a federally | | | 6|recognized Indian tribe, as defined by the federal Indian Child | | | 7|Welfare Act, at the time the student enrolled in the program. | | | 8| The State Regents shall review the determination of financial | | | 9|qualification provided in paragraph 1 of this subsection if the | | | 10|income from taxable and nontaxable sources of the student's | | | 11|parent(s) includes income received from nontaxable military benefits | | | 12|or income received from the federal Social Security Administration | | | 13|due to the death or disability of the student's parent(s). If the | | | 14|income from taxable and nontaxable sources of the student's | | | 15|parent(s), excluding income received from nontaxable military | | | 16|benefits or income received from the federal Social Security | | | 17|Administration due to the death or disability of the student's | | | 18|parent(s), does not exceed the limitations provided in paragraph 1 | | | 19|of this subsection, the student shall be determined to have met the | | | 20|financial qualification provided in paragraph 1 of this subsection. | | | 21| E. 1. A student who was adopted between birth and twelve (12) | | | 22|years of age while in the permanent custody of the Department of | | | 23|Human Services, in the court-ordered custody of a licensed private | | | 24|nonprofit child-placing agency, or federally recognized Indian | | | arsid16268126 HB2718 HFLR Page 13 ___________________________________________________________________________
1|tribe, as defined by the federal Indian Child Welfare Act, shall not | | | 2|be found to be in financial need for purposes of the Oklahoma | | | 3|Promise Opportunity Scholarship Act if at the time the student | | | 4|begins postsecondary education and prior to receiving any program | | | 5|award, the federal adjusted gross income of the student's parent(s) | | | 6|exceeds One Hundred Fifty Thousand Dollars ($150,000.00) per year. | | | 7| 2. A student who was adopted between thirteen (13) and | | | 8|seventeen (17) years of age while in the permanent custody of the | | | 9|Department of Human Services, in the court-ordered custody of a | | | 10|licensed private nonprofit child-placing agency, or federally | | | 11|recognized Indian tribe, as defined by the federal Indian Child | | | 12|Welfare Act, shall not be found to be in financial need for purposes | | | 13|of the program if at the time the student begins postsecondary | | | 14|education and prior to receiving any program award, the federal | | | 15|adjusted gross income of the student's parent(s) exceeds Two Hundred | | | 16|Thousand Dollars ($200,000.00) per year. | | | 17| 3. The determination of financial qualification provided in | | | 18|this subsection shall be based on the income of the student, not the | | | 19|income of the parent(s), if the student is determined to be | | | 20|independent of the student's parent(s) for federal financial aid | | | 21|purposes. A determination of financial qualification shall not be | | | 22|required for the student who meets the criteria set forth in this | | | 23|subsection at the time the student applies for participation in the | | | 24|program. | | | arsid16268126 HB2718 HFLR Page 14 ___________________________________________________________________________
1| F. The financial qualification of a student provided in | | | 2|subsections D and E of this section shall be certified by the | | | 3|contact person or by the State Regents on the agreement form | | | 4|provided by the State Regents. The form shall be retained in the | | | 5|permanent record of the student and a copy forwarded to the State | | | 6|Regents. | | | 7| G. Agreements shall be witnessed by the parent or legal | | | 8|guardian of the student, who shall further agree to: | | | 9| 1. Assist the student in achieving compliance with the | | | 10|agreements; | | | 11| 2. Confer, when requested to do so, with the school contact | | | 12|person, other school personnel, and program mentors; | | | 13| 3. Provide information requested by the State Regents or the | | | 14|Board; and | | | 15| 4. Assist the student in completing forms and reports required | | | 16|for program participation, making applications to state educational | | | 17|institutions, and filing applications for student grants and | | | 18|scholarships. | | | 19| H. The State Regents shall promulgate rules for the | | | 20|determination of student compliance with agreements made pursuant to | | | 21|this section. | | | 22| I. The State Regents shall designate personnel to coordinate | | | 23|tracking of program records for the years when students | | | 24|participating in the program are still in the schools or are being | | | arsid16268126 HB2718 HFLR Page 15 ___________________________________________________________________________
1|educated by other means, provide staff development for contact | | | 2|persons in the schools, and provide liaison with the Board and local | | | 3|organizations and individuals participating in the program. | | | 4| J. The school district where an Oklahoma Promise Opportunity | | | 5|Scholarship program student is enrolled when the student begins | | | 6|participation in the program and any subsequent school district | | | 7|where the student enrolls, shall forward information regarding | | | 8|participation by the student in the program to the school where the | | | 9|student transfers upon request of the school for the student's | | | 10|records. | | | 11| K. Students participating in the program shall provide their | | | 12|Social Security number or their student identification number used | | | 13|by their school to the State Regents. The State Regents shall keep | | | 14|the numbers confidential and use them only for administrative | | | 15|purposes. | | | 16| SECTION 5. This act shall become effective November 1, 2023. | | | 17| | | | 18|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated | |03/02/2023 - DO PASS, As Amended and Coauthored. | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid16268126 HB2718 HFLR Page 16