1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 2718 By: Hefner and McBride | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to higher education; amending 70 O.S. | | 2021, Section 3953.1, which relates to the Oklahoma | 8| Higher Learning Access Trust Fund; directing use of | | Fund to implement certain program; modifying purposes | 9| of Fund; prohibiting use of Fund for certain | | administrative expenses; enacting the Oklahoma's | 10| Promise Inclusive Act; defining terms; creating the | | Oklahoma's Promise Inclusive program; providing | 11| program purpose; establishing student eligibility | | requirements for program; listing requirements for | 12| student to retain eligibility in program; directing | | the Oklahoma State Regents for Higher Education to | 13| promulgate rules; providing for an award equivalent | | to resident tuition; subjecting award to availability | 14| of funds; mandating award for all eligible student | | applicants; providing preference for award if funds | 15| are insufficient; authorizing set aside for full | | amount of award funds; requiring priority of award | 16| funds for certain students; requiring public | | awareness program for Oklahoma's Promise Inclusive; | 17| providing for designation of school site contact | | person; establishing process to enter into program; | 18| requiring execution of agreements for the program; | | setting financial need qualifications for program | 19| applicants; prescribing certification of financial | | need; requiring agreements to be witnessed by a | 20| parent or guardian; providing for promulgation of | | rules; establishing program administrative duties for | 21| State Regents; mandating transfer of student | | information if student transfers; requiring students | 22| to provide certain identifying number; directing | | number to be kept confidential and used only for | 23| administrative purposes; providing for codification; | | and providing an effective date. | 24| | | | Req. No. 6754 Page 1 ___________________________________________________________________________
1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 2| SECTION 1. AMENDATORY 70 O.S. 2021, Section 3953.1, is | | | 3|amended to read as follows: | | | 4| Section 3953.1 A. There is hereby created a trust fund to be | | | 5|known as the "Oklahoma Higher Learning Access Trust Fund". The | | | 6|Oklahoma State Regents for Higher Education shall be the trustees of | | | 7|said Trust Fund. | | | 8| B. The State Regents shall utilize said Trust Fund to implement | | | 9|the provisions of Sections 2601 through 2605 of this title and | | | 10|Sections 2 through 4 of this act. | | | 11| C. The Trust Fund principal shall consist of monies the | | | 12|Legislature appropriates or transfers to the Oklahoma State Regents | | | 13|for Higher Education for the Trust Fund and any monies or assets | | | 14|contributed to the Trust Fund from any other source, public or | | | 15|private. All monies accruing to the credit of said fund are hereby | | | 16|appropriated and may be budgeted and expended by the State Regents. | | | 17|Expenditures from said fund shall be made upon warrants issued by | | | 18|the State Treasurer against claims filed as prescribed by law with | | | 19|the Director of the Office of Management and Enterprise Services for | | | 20|approval and payment. | | | 21| D. Notwithstanding other provisions of law, income and | | | 22|investment return on Trust Fund principal shall accrue to the Trust | | | 23|Fund for use as provided by authorization of the trustees for the | | | 24|purposes provided in Sections 2601 through 2605 of this title and | | | Req. No. 6754 Page 2 ___________________________________________________________________________
1|Sections 2 through 4 of this act. The State Regents may also | | | 2|utilize the Trust Fund principal for the purposes provided in | | | 3|Sections 2601 through 2605 of this title and Sections 2 through 4 of | | | 4|this act. Except as otherwise provided by law, no such income or | | | 5|investment return or principal shall be used for administrative | | | 6|expenses; expenses incurred by the State Regents in the | | | 7|administration of the Trust Fund and of the Oklahoma Higher Learning | | | 8|Access Program established by the Oklahoma Higher Learning Access | | | 9|Act and of the Oklahoma's Promise Inclusion program established by | | | 10|the Oklahoma's Promise Inclusive Act shall be paid from monies | | | 11|appropriated to the State Regents coordinating board for their | | | 12|general operating budget. | | | 13| E. The Regents shall adopt rules for accomplishing transfer of | | | 14|funds from the Oklahoma Higher Learning Access Trust Fund to the | | | 15|appropriate institutional Educational and General Operations | | | 16|Revolving Funds, as provided in Section 3901 of this title, to | | | 17|private institutions, and to the appropriate technology center | | | 18|school district to cover general enrollment fees or tuition for | | | 19|eligible students pursuant to the Oklahoma Higher Learning Access | | | 20|Act and the Oklahoma's Promise Inclusive Act. Allocations from the | | | 21|Trust Fund may be made only for the purpose of covering the general | | | 22|enrollment fees or tuition of eligible students. No portion of the | | | 23|Trust Fund may be used or allocated for administrative or operating | | | 24| | | | Req. No. 6754 Page 3 ___________________________________________________________________________
1|expenses of any higher education institution or technology center | | | 2|school. | | | 3| SECTION 2. NEW LAW A new section of law to be codified | | | 4|in the Oklahoma Statutes as Section 2501 of Title 70, unless there | | | 5|is created a duplication in numbering, reads as follows: | | | 6| A. This act shall be known and may be cited as the "Oklahoma's | | | 7|Promise Inclusive Act". | | | 8| B. As used in the Oklahoma's Promise Inclusive Act: | | | 9| 1. "Board" means the State Board of Education; | | | 10| 2. "Comprehensive transition and postsecondary program for | | | 11|students with intellectual disabilities" or "CTP program" means a | | | 12|degree, certificate, or nondegree program that meets each of the | | | 13|following: | | | 14| a. is offered by a state educational institution, | | | 15| b. is designed to support students with intellectual | | | 16| disabilities who are seeking to continue academic, | | | 17| career and technical, and independent living | | | 18| instruction at a state educational institution in | | | 19| order to prepare for gainful employment, | | | 20| c. includes an advising and curriculum structure, | | | 21| d. requires students with intellectual disabilities to | | | 22| participate on not less than a half-time basis as | | | 23| determined by the institution, with participation | | | 24| | | | Req. No. 6754 Page 4 ___________________________________________________________________________
1| focusing on academic components, and occurring through | | | 2| one or more of the following activities: | | | 3| (1) regular enrollment in credit-bearing courses with | | | 4| nondisabled students offered by the institution, | | | 5| (2) auditing or participating in courses with | | | 6| nondisabled students offered by the institution | | | 7| for which the student does not receive regular | | | 8| academic credit, | | | 9| (3) enrollment in noncredit-bearing, nondegree | | | 10| courses with nondisabled students, or | | | 11| (4) participation in internships or work-based | | | 12| training in settings with nondisabled | | | 13| individuals, and | | | 14| e. requires students with intellectual disabilities to | | | 15| be socially and academically integrated with | | | 16| non-disabled students to the maximum extent possible; | | | 17| 3. "Program" means the Oklahoma's Promise Inclusive program; | | | 18| 4. "State educational institution" means any higher education | | | 19|institution supported wholly or in part by direct legislative | | | 20|appropriations which provides a comprehensive transition and | | | 21|postsecondary program for students with intellectual disabilities; | | | 22| 5. "State Regents" means the Oklahoma State Regents for Higher | | | 23|Education; and | | | 24| 6. "Student" means a student with: | | | Req. No. 6754 Page 5 ___________________________________________________________________________
1| a. a cognitive impairment, characterized by significant | | | 2| limitations in intellectual and cognitive functioning | | | 3| and adaptive behavior as expressed in conceptual, | | | 4| social, and practical adaptive skills, and | | | 5| b. who is currently, or was formerly, eligible for a | | | 6| free appropriate public education under the federal | | | 7| Individuals with Disabilities Education Act. | | | 8| C. There is hereby created a program to be known as "Oklahoma's | | | 9|Promise Inclusive". The purpose of the program is to provide an | | | 10|award to eligible students who are pursuing studies in this state at | | | 11|a CTP program, that will relieve students from paying nonguaranteed | | | 12|resident tuition at state educational institutions. | | | 13| D. A student shall be eligible for Oklahoma's Promise Inclusive | | | 14|if the student: | | | 15| 1. Meets the definition for student provided in paragraph 6 of | | | 16|subsection B of this section; | | | 17| 2. Is a resident of this state or enrolled in a school district | | | 18|located in this state that serves students who reside in both this | | | 19|state and an adjacent state pursuant to a contract as authorized in | | | 20|Section 5-117.1 of Title 70 of the Oklahoma Statutes; | | | 21| 3. Is a United States citizen or lawfully present in the United | | | 22|States. A student who is not a United States citizen or lawfully | | | 23|present in the United States shall not be eligible to participate in | | | 24| | | | Req. No. 6754 Page 6 ___________________________________________________________________________
1|the program and qualify for an award notwithstanding the provisions | | | 2|of Section 3242 of Title 70 of the Oklahoma Statutes; | | | 3| 4. Has a record of satisfactory compliance with agreements | | | 4|executed pursuant to Section 4 of this act; | | | 5| 5. Has graduated within the previous six (6) years from a | | | 6|public high school accredited by the State Board of Education or a | | | 7|private school, or has satisfactorily completed within the previous | | | 8|six (6) years an educational program that was provided through a | | | 9|means other than a public or private school; | | | 10| 6. Has completed the curricular requirements for admission to a | | | 11|state educational institution; | | | 12| 7. Has satisfied admission standards as determined by the State | | | 13|Regents for first-time-entering students for the appropriate type of | | | 14|state educational institution; | | | 15| 8. Have secured admission to, and enrolled in, a state | | | 16|educational institution that meets the requirements to be eligible | | | 17|for federal student financial aid; and | | | 18| 9. Has established financial need according to the provisions | | | 19|of subsection D of Section 4 of this act and standards and | | | 20|provisions promulgated by the State Regents. | | | 21| E. To retain eligibility in the program, the student shall: | | | 22| 1. Meet the requirements for retention and completion as | | | 23|established by the state educational institution where the student | | | 24|is enrolled; | | | Req. No. 6754 Page 7 ___________________________________________________________________________
1| 2. Maintain good academic standing and satisfactory academic | | | 2|progress according to standards of the State Regents; | | | 3| 3. Maintain satisfactory academic progress as required for | | | 4|eligibility for federal Title IV student financial aid programs; | | | 5| 4. Comply with the standards related to maintenance of | | | 6|eligibility as promulgated by the State Regents; and | | | 7| 5. Refrain from conduct that leads to expulsion or suspension | | | 8|of more than one (1) semester from a state educational institution. | | | 9|A student who violates the provisions of this paragraph shall | | | 10|permanently lose eligibility for program benefits. | | | 11| F. The State Regents shall promulgate rules relating to | | | 12|maintenance of eligibility under the program by a student. | | | 13| SECTION 3. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 2502 of Title 70, unless there | | | 15|is created a duplication in numbering, reads as follows: | | | 16| A. Subject to the availability of funds, an amount equivalent | | | 17|to the nonguaranteed resident tuition for which an eligible | | | 18|Oklahoma's Promise Inclusive student is obligated at a state | | | 19|educational institution shall be awarded by allocation from the | | | 20|Oklahoma Higher Learning Access Trust Fund. | | | 21| B. Benefits awarded under Oklahoma's Promise Inclusive shall be | | | 22|awarded to all eligible student applicants without any limitation on | | | 23|the number of awards in any year other than the amount of funds | | | 24|available for the program and the number of eligible applicants. | | | Req. No. 6754 Page 8 ___________________________________________________________________________
1|Subject to the provisions of subsection D of this section, if funds | | | 2|are not sufficient to provide awards for all eligible applicants, | | | 3|the State Regents shall make awards on the basis of need. Provided, | | | 4|the State Regents may take into consideration other grants and | | | 5|scholarships received by an eligible applicant when making awards. | | | 6| C. The State Regents may, at the time an award is made on | | | 7|behalf of an Oklahoma's Promise Inclusive student, set aside in the | | | 8|Oklahoma Higher Learning Access Trust Fund funds for the full | | | 9|commitment made to the Oklahoma's Promise Inclusive student. For | | | 10|all academic years, students who have previously received awards | | | 11|under the provisions of the Oklahoma's Promise Inclusive Act, and | | | 12|who have continued at all times to fulfill the requirements for | | | 13|eligibility to receive awards provided pursuant to this program, | | | 14|shall be given an absolute priority for continued financial support | | | 15|by Oklahoma's Promise Inclusive superior to any students who are | | | 16|applying for an award for the first time. | | | 17| SECTION 4. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 2503 of Title 70, unless there | | | 19|is created a duplication in numbering, reads as follows: | | | 20| A. Each school year, the parent or legal guardian of every | | | 21|fifth- through eleventh-grade student in the public and private | | | 22|schools of this state and students who are educated by other means | | | 23|and are in the equivalent of the fifth through eleventh grade, who | | | 24|meets the definition for student provided in paragraph 6 of | | | Req. No. 6754 Page 9 ___________________________________________________________________________
1|subsection B of Section 2 of this act, shall be informed of the | | | 2|opportunity for access to higher learning under Oklahoma's Promise | | | 3|Inclusive. The State Regents and the State Board of Education shall | | | 4|develop, promote, and coordinate a public awareness program to be | | | 5|utilized in making students and parents aware of Oklahoma's Promise | | | 6|Inclusive. | | | 7| B. On a form provided by the State Regents, every public school | | | 8|district shall designate at least one (1) Oklahoma's Promise | | | 9|Inclusive contact person, who shall be a counselor or teacher, at | | | 10|each public school site in this state in which eighth-, ninth-, | | | 11|tenth-, or eleventh-grade classes are taught. When requested by the | | | 12|State Regents, the Board shall assist the State Regents to ensure | | | 13|the designation of contact persons. Private schools shall also | | | 14|designate at least one (1) school official as a contact person. For | | | 15|students who are educated by other means, a parent, legal guardian, | | | 16|or other person approved by the State Regents shall be designated | | | 17|the contact person. | | | 18| C. 1. Students who qualify on the basis of financial need | | | 19|according to subsection D or E of this section prior to entering the | | | 20|eleventh grade or prior to reaching sixteen (16) years of age and | | | 21|meet the standards and provisions promulgated by the State Regents, | | | 22|shall be given the opportunity throughout the eighth-, ninth-, | | | 23|tenth-, and eleventh-grade years, for students enrolled in a public | | | 24|or private school, or between thirteen (13) and sixteen (16) years | | | Req. No. 6754 Page 10 ___________________________________________________________________________
1|of age, for students who are educated by other means, to enter into | | | 2|participation in the program by agreeing, throughout the remainder | | | 3|of their school years or educational program, to: | | | 4| a. attend school or an educational program regularly, | | | 5| b. refrain from substance abuse, | | | 6| c. refrain from commission of violent crimes, | | | 7| d. have school work and school records reviewed by | | | 8| mentors designated pursuant to the program, | | | 9| e. provide information requested by the State Regents or | | | 10| the Board, and | | | 11| f. participate in required program activities. | | | 12| 2. The contact person shall maintain the agreements, which | | | 13|shall be executed on forms provided by the State Regents and managed | | | 14|according to regulations promulgated by the State Regents, and the | | | 15|contact person shall monitor compliance of the student with the | | | 16|terms of the agreement. The State Regents are authorized to process | | | 17|student agreements and verify compliance with the agreements. | | | 18|Students failing to comply with the terms of the agreement shall not | | | 19|be eligible for the awards provided in Section 3 of this act. | | | 20| D. Except as otherwise provided for in subsection E of this | | | 21|section, a student shall not be found to be in financial need for | | | 22|purposes of Oklahoma's Promise Inclusive if: | | | 23| 1. At the time the student applies for participation in the | | | 24|program during the eighth, ninth, or tenth grade for students | | | Req. No. 6754 Page 11 ___________________________________________________________________________
1|enrolled in a public or private school, or between thirteen (13) and | | | 2|fifteen (15) years of age for students who are educated by other | | | 3|means: | | | 4| a. the federal adjusted gross income of the student's | | | 5| parent(s), who have two (2) or fewer dependent | | | 6| children, exceeds Sixty-five Thousand Dollars | | | 7| ($65,000.00) per year, | | | 8| b. the federal adjusted gross income of the student's | | | 9| parent(s), who have three (3) or four (4) dependent | | | 10| children, exceeds Seventy-five Thousand Dollars | | | 11| ($75,000.00) per year, or | | | 12| c. the federal adjusted gross income of the student's | | | 13| parent(s), who have five (5) or more dependent | | | 14| children, exceeds Eighty-five Thousand Dollars | | | 15| ($85,000.00) per year; | | | 16| 2. At the time the student begins postsecondary education and | | | 17|prior to receiving any Oklahoma's Promise Inclusive award, the | | | 18|federal adjusted gross income of the student's parent(s) exceeds One | | | 19|Hundred Thousand Dollars ($100,000.00) per year; and | | | 20| 3. Prior to receiving any Oklahoma's Promise Inclusive award | | | 21|for any year during which the student is enrolled in a state | | | 22|educational institution, the federal adjusted gross income of the | | | 23|student's parent(s) exceeds One Hundred Thousand Dollars | | | 24|($100,000.00) per year. | | | Req. No. 6754 Page 12 ___________________________________________________________________________
1| The determination of financial qualification provided in | | | 2|paragraphs 2 and 3 of this subsection shall be based on the income | | | 3|of the student, not the income of the parent(s), if a student is | | | 4|determined to be independent of the student's parents for federal | | | 5|financial aid purposes, was in the permanent custody of the | | | 6|Department of Human Services at the time the student enrolled in the | | | 7|program, or was in the court-ordered custody of a federally | | | 8|recognized Indian tribe, as defined by the federal Indian Child | | | 9|Welfare Act, at the time the student enrolled in the program. | | | 10| The State Regents shall review the determination of financial | | | 11|qualification provided in paragraph 1 of this subsection if the | | | 12|income from taxable and nontaxable sources of the student's | | | 13|parent(s) includes income received from nontaxable military benefits | | | 14|or income received from the federal Social Security Administration | | | 15|due to the death or disability of the student's parent(s). If the | | | 16|income from taxable and nontaxable sources of the student's | | | 17|parent(s), excluding income received from nontaxable military | | | 18|benefits or income received from the federal Social Security | | | 19|Administration due to the death or disability of the student's | | | 20|parent(s), does not exceed the limitations provided in paragraph 1 | | | 21|of this subsection, the student shall be determined to have met the | | | 22|financial qualification provided in paragraph 1 of this subsection. | | | 23| E. 1. A student who was adopted between birth and twelve (12) | | | 24|years of age while in the permanent custody of the Department of | | | Req. No. 6754 Page 13 ___________________________________________________________________________
1|Human Services, in the court-ordered custody of a licensed private | | | 2|nonprofit child-placing agency, or federally recognized Indian | | | 3|tribe, as defined by the federal Indian Child Welfare Act, shall not | | | 4|be found to be in financial need for purposes of Oklahoma's Promise | | | 5|Inclusive if at the time the student begins postsecondary education | | | 6|and prior to receiving any Oklahoma's Promise Inclusive award, the | | | 7|federal adjusted gross income of the student's parent(s) exceeds One | | | 8|Hundred Fifty Thousand Dollars ($150,000.00) per year. | | | 9| 2. A student who was adopted between thirteen (13) and | | | 10|seventeen (17) years of age while in the permanent custody of the | | | 11|Department of Human Services, in the court-ordered custody of a | | | 12|licensed private nonprofit child-placing agency, or federally | | | 13|recognized Indian tribe, as defined by the federal Indian Child | | | 14|Welfare Act, shall not be found to be in financial need for purposes | | | 15|of Oklahoma's Promise Inclusive if at the time the student begins | | | 16|postsecondary education and prior to receiving any Oklahoma's | | | 17|Promise Inclusive award, the federal adjusted gross income of the | | | 18|student's parent(s) exceeds Two Hundred Thousand Dollars | | | 19|($200,000.00) per year. | | | 20| 3. The determination of financial qualification provided in | | | 21|this subsection shall be based on the income of the student, not the | | | 22|income of the parent(s), if the student is determined to be | | | 23|independent of the student's parent(s) for federal financial aid | | | 24|purposes. A determination of financial qualification shall not be | | | Req. No. 6754 Page 14 ___________________________________________________________________________
1|required for the student who meets the criteria set forth in this | | | 2|subsection at the time the student applies for participation in the | | | 3|program. | | | 4| F. The financial qualification of a student provided in | | | 5|subsections D and E of this section shall be certified by the | | | 6|contact person or by the State Regents on the agreement form | | | 7|provided by the State Regents. The form shall be retained in the | | | 8|permanent record of the student and a copy forwarded to the State | | | 9|Regents. | | | 10| G. Agreements shall be witnessed by the parent or legal | | | 11|guardian of the student, who shall further agree to: | | | 12| 1. Assist the student in achieving compliance with the | | | 13|agreements; | | | 14| 2. Confer, when requested to do so, with the school contact | | | 15|person, other school personnel, and program mentors; | | | 16| 3. Provide information requested by the State Regents or the | | | 17|Board; and | | | 18| 4. Assist the student in completing forms and reports required | | | 19|for program participation, making applications to state educational | | | 20|institutions, and filing applications for student grants and | | | 21|scholarships. | | | 22| H. The State Regents shall promulgate rules for the | | | 23|determination of student compliance with agreements made pursuant to | | | 24|this section. | | | Req. No. 6754 Page 15 ___________________________________________________________________________
1| I. The State Regents shall designate personnel to coordinate | | | 2|tracking of program records for the years when students | | | 3|participating in the program are still in the schools or are being | | | 4|educated by other means, provide staff development for contact | | | 5|persons in the schools, and provide liaison with the Board and local | | | 6|organizations and individuals participating in the program. | | | 7| J. The school district where an Oklahoma's Promise Inclusive | | | 8|student is enrolled when the student begins participation in the | | | 9|program and any subsequent school district where the student | | | 10|enrolls, shall forward information regarding participation by the | | | 11|student in the program to the school where the student transfers | | | 12|upon request of the school for the student's records. | | | 13| K. Students participating in Oklahoma's Promise Inclusive shall | | | 14|provide their Social Security number or their student identification | | | 15|number used by their school to the State Regents. The State Regents | | | 16|shall keep the numbers confidential and use them only for | | | 17|administrative purposes. | | | 18| SECTION 5. This act shall become effective November 1, 2023. | | | 19| | | | 20| 59-1-6754 EK 01/18/23 | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 6754 Page 16