1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2772 By: Munson |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to higher education; amending 70 O.S. |
| 2021, Section 2605, as amended by Section 1, Chapter |
8| 400, O.S.L. 2022 (70 O.S. Supp. 2022, Section 2605), |
| which relates to the Oklahoma Higher Learning Access |
9| Act; modifying eligibility requirements for the |
| Oklahoma Higher Learning Access Program; and |
10| providing an effective date. |
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11| |
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12| |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as |
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15|amended by Section 1, Chapter 400, O.S.L. 2022 (70 O.S. Supp. 2022, |
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16|Section 2605), is amended to read as follows: |
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17| Section 2605. A. Each school year, every fifth- through |
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18|eleventh-grade student in the public and private schools of this |
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19|state and students who are educated by other means and are in the |
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20|equivalent of the fifth through eleventh grade shall be apprised, |
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21|together with the parent, custodial parent, or guardian of the |
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22|student, of the opportunity for access to higher learning under the |
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23|Oklahoma Higher Learning Access Program. The Oklahoma State Regents |
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24|for Higher Education and the State Board of Education shall develop, |
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1|promote, and coordinate a public awareness program to be utilized in |
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2|making students and parents aware of the Oklahoma Higher Learning |
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3|Access Program. |
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4| B. On a form provided by the Oklahoma State Regents for Higher |
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5|Education, every public school district shall designate at least one |
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6|Oklahoma Higher Learning Access Program contact person, who shall be |
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7|a counselor or teacher, at each public school site in this state in |
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8|which eighth-, ninth-, tenth-, or eleventh-grade classes are taught. |
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9| When requested by the State Regents, the State Board of Education |
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10|shall assist the State Regents to ensure the designation of contact |
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11|persons. Private schools shall also designate at least one school |
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12|official as a contact person. For students who are educated by |
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13|other means, a parent or guardian or other person approved by the |
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14|State Regents shall be designated the contact person. |
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15| C. 1. Students who qualify on the basis of financial need |
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16|according to subsection D or E of this section or who meet the |
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17|eligibility qualification set forth in subparagraph a of paragraph 1 |
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18|of subsection B of Section 2603 of this title prior to entering the |
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19|eleventh grade or prior to reaching the age of sixteen (16) and the |
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20|standards and provisions promulgated by the Oklahoma State Regents |
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21|for Higher Education shall be given the opportunity throughout the |
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22|eighth-, ninth-, tenth-, and eleventh-grade years, for students |
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23|enrolled in a public or private school, or between the ages of |
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24|thirteen (13) and sixteen (16), for students who are educated by |
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1|other means, to enter into participation in the program by agreeing |
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2|to, throughout the remainder of their school years or educational |
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3|program: |
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4| a. attend school or an educational program regularly and |
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5| do homework regularly, |
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6| b. refrain from substance abuse, |
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7| c. refrain from commission of violent crimes or |
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8| delinquent acts, |
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9| d. c. have school work and school records reviewed by |
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10| mentors designated pursuant to the program, |
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11| e. d. provide information requested by the Oklahoma State |
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12| Regents for Higher Education or the State Board of |
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13| Education, and |
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14| f. e. participate in program activities. |
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15| 2. Students who meet the eligibility qualification set forth in |
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16|subparagraph a of paragraph 1 of subsection B of Section 2603 of |
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17|this title after completing the eleventh grade or after reaching the |
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18|age of seventeen (17) shall be given the opportunity prior to |
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19|reaching the age of twenty-one (21) to enter into participation in |
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20|the program and shall execute an agreement with provisions as |
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21|determined by the Oklahoma State Regents for Higher Education. |
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22| 3. The contact person shall maintain the agreements, which |
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23|shall be executed on forms provided by the Oklahoma State Regents |
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24|for Higher Education and managed according to regulations |
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1|promulgated by the Oklahoma State Regents for Higher Education, and |
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2|the contact person shall monitor compliance of the student with the |
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3|terms of the agreement. The Oklahoma State Regents for Higher |
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4|Education are authorized to process student agreements and verify |
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5|compliance with the agreements. Students failing to comply with the |
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6|terms of the agreement shall not be eligible for the awards provided |
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7|in Section 2604 of this title. |
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8| D. Except as otherwise provided for in subsection E of this |
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9|section and except for students who qualify pursuant to subsection B |
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10|of Section 2603 of this title, a student shall not be found to be in |
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11|financial need for purposes of the Oklahoma Higher Learning Access |
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12|Program if: |
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13| 1. At the time the student applies for participation in the |
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14|program during the eighth, ninth, or tenth grade for students |
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15|enrolled in a public or private school, or between the ages of |
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16|thirteen (13) and fifteen (15), for students who are educated by |
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17|other means, the income from taxable and nontaxable sources of the |
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18|student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per |
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19|year; |
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20| 2. Beginning with eighth-, ninth-, or tenth-grade students who |
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21|are enrolled in a public or private school or students between the |
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22|ages of thirteen (13) and fifteen (15) who are educated by other |
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23|means who apply for participation in the program in the 2017-2018 |
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24|school year, the federal adjusted gross income of the student's |
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1|parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year; |
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2| 3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade |
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3|students who are enrolled in a public or private school or students |
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4|between the ages of thirteen (13) and sixteen (16) who are educated |
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5|by other means who apply for participation in the program in the |
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6|2021-2022 school year, the federal adjusted gross income of the |
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7|student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per |
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8|year; |
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9| 4. Beginning with eighth-, ninth-, tenth-, or eleventh-grade |
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10|students who are enrolled in a public or private school or students |
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11|between the ages of thirteen (13) and sixteen (16) who are educated |
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12|by other means who apply for participation in the program in the |
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13|2022-2023 school year: |
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14| a. the federal adjusted gross income of the student's |
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15| parent(s), who have two or fewer dependent children, |
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16| exceeds Sixty Thousand Dollars ($60,000.00) per year, |
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17| b. the federal adjusted gross income of the student's |
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18| parent(s), who have three or four dependent children, |
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19| exceeds Seventy Thousand Dollars ($70,000.00) per |
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20| year, or |
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21| c. the federal adjusted gross income of the student's |
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22| parent(s), who have five or more dependent children, |
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23| exceeds Eighty Thousand Dollars ($80,000.00) per year; |
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24| |
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1| 5. At the time the student begins postsecondary education and |
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2|prior to receiving any Oklahoma Higher Learning Access Program |
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3|benefit award, the federal adjusted gross income of the student's |
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4|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per |
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5|year; |
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6| 6. Beginning with the 2018-2019 academic year, prior to |
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7|receiving any Oklahoma Higher Learning Access Program benefit award |
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8|for any year during which the student is enrolled in an institution |
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9|which is a member of The Oklahoma State System of Higher Education, |
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10|a postsecondary vocational-technical program offered by a technology |
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11|center school that meets the requirements to be eligible for federal |
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12|student financial aid or a private institution of higher learning |
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13|located within this state and accredited pursuant to Section 4103 of |
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14|this title, the federal adjusted gross income of the student's |
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15|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per |
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16|year. |
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17| The determination of financial qualification as set forth in |
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18|paragraphs 5 and 6 of this subsection shall be based on the income |
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19|of the student, not the income of the parent(s), if a student: |
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20| a. is determined to be independent of the student's |
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21| parents for federal financial aid purposes, |
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22| b. was in the permanent custody of the Department of |
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23| Human Services at the time the student enrolled in the |
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24| program, or |
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1| c. was in the court-ordered custody of a federally |
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2| recognized Indian tribe, as defined by the federal |
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3| Indian Child Welfare Act, at the time the student |
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4| enrolled in the program. |
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5| The provisions of this paragraph shall apply to any student who |
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6|has received an Oklahoma Higher Learning Access Program benefit |
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7|award after the 2017-2018 school year; and |
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8| 7. The Oklahoma State Regents for Higher Education shall review |
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9|the determination of financial qualification as set forth in |
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10|paragraphs 1, 2, 3, and 4 of this subsection if the income from |
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11|taxable and nontaxable sources of the student's parent(s) includes |
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12|income received from nontaxable military benefits or income received |
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13|from the federal Social Security Administration due to the death or |
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14|disability of the student's parent(s). If the income from taxable |
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15|and nontaxable sources of the student's parent(s), excluding income |
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16|received from nontaxable military benefits or income received from |
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17|the federal Social Security Administration due to the death or |
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18|disability of the student's parent(s), does not exceed the |
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19|limitations set forth by paragraphs 1, 2, 3, and 4 of this |
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20|subsection, the student shall be determined to have met the |
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21|financial qualification set forth in paragraphs 1, 2, 3, and 4 of |
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22|this subsection. |
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23| E. 1. A student who was adopted between birth and twelve (12) |
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24|years of age while in the permanent custody of the Department of |
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1|Human Services, in the court-ordered custody of a licensed private |
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2|nonprofit child-placing agency, or federally recognized Indian |
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3|tribe, as defined by the federal Indian Child Welfare Act, shall not |
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4|be found to be in financial need for purposes of the Oklahoma Higher |
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5|Learning Access Program if at the time the student begins |
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6|postsecondary education and prior to receiving any Oklahoma Higher |
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7|Learning Access Program benefit award, the federal adjusted gross |
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8|income of the student's parent(s) exceeds One Hundred Fifty Thousand |
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9|Dollars ($150,000.00) per year. The provisions of this paragraph |
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10|shall not apply to any student who has received an Oklahoma Higher |
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11|Learning Access Program benefit award prior to the 2012-2013 school |
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12|year. |
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13| 2. A student who was adopted between thirteen (13) and |
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14|seventeen (17) years of age while in the permanent custody of the |
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15|Department of Human Services, in the court-ordered custody of a |
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16|licensed private nonprofit child-placing agency, or federally |
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17|recognized Indian tribe, as defined by the federal Indian Child |
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18|Welfare Act, shall not be found to be in financial need for purposes |
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19|of the Oklahoma Higher Learning Access Program if at the time the |
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20|student begins postsecondary education and prior to receiving any |
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21|Oklahoma Higher Learning Access Program benefit award, the federal |
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22|adjusted gross income of the student's parent(s) exceeds Two Hundred |
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23|Thousand Dollars ($200,000.00) per year. The provisions of this |
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24|paragraph shall not apply to any student who has received an |
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1|Oklahoma Higher Learning Access Program benefit award prior to the |
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2|2012-2013 school year. |
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3| 3. Except for students who qualify pursuant to subsection B of |
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4|Section 2603 of this title, the determination of financial |
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5|qualification as set forth in this subsection shall be based on the |
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6|income of the student, not the income of the parent(s), if the |
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7|student is determined to be independent of the student's parent(s) |
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8|for federal financial aid purposes. A determination of financial |
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9|qualification shall not be required for the student who meets the |
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10|criteria set forth in this subsection at the time the student |
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11|applies for participation in the program. The provisions of this |
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12|paragraph shall not apply to any student who has received an |
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13|Oklahoma Higher Learning Access Program benefit award prior to the |
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14|2008-2009 school year. |
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15| F. The financial qualification of a student as set forth in |
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16|subsections D and E of this section shall be certified by the |
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17|contact person or by the Oklahoma State Regents for Higher Education |
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18|on the agreement form provided by the Oklahoma State Regents for |
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19|Higher Education. The form shall be retained in the permanent |
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20|record of the student and a copy forwarded to the Oklahoma State |
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21|Regents for Higher Education. |
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22| G. Agreements shall be witnessed by the parent, custodial |
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23|parent, or guardian of the student, who shall further agree to: |
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1| 1. Assist the student in achieving compliance with the |
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2|agreements; |
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3| 2. Confer, when requested to do so, with the school contact |
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4|person, other school personnel, and program mentors; |
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5| 3. Provide information requested by the Oklahoma State Regents |
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6|for Higher Education or the State Board of Education; and |
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7| 4. Assist the student in completing forms and reports required |
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8|for program participation, making applications to institutions and |
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9|schools of higher learning, and filing applications for student |
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10|grants and scholarships. |
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11| H. Students who are enrolled in a school district located in |
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12|this state that serves students who reside in both this state and an |
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13|adjacent state pursuant to a contract as authorized in Section |
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14|5-117.1 of this title, are in the eleventh and twelfth grades during |
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15|the 2006-2007 school year, and who were denied participation in the |
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16|program shall be allowed to enter or reenter into participation in |
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17|the program by entering into agreements as set forth in subsections |
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18|C and D of this section by June 1, 2008. |
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19| I. The Oklahoma State Regents for Higher Education shall |
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20|promulgate rules for the determination of student compliance with |
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21|agreements made pursuant to this section. |
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22| J. The Oklahoma State Regents for Higher Education shall |
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23|designate personnel to coordinate tracking of program records for |
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24|the years when students participating in the program are still in |
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1|the schools or are being educated by other means, provide staff |
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2|development for contact persons in the schools, and provide liaison |
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3|with the State Board of Education and local organizations and |
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4|individuals participating in the program. |
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5| K. The school district where an Oklahoma Higher Learning Access |
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6|Program student is enrolled when the student begins participation in |
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7|the program and any subsequent school district where the student |
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8|enrolls shall forward information regarding participation by the |
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9|student in the program to a school to which the student transfers |
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10|upon the request of the school for the records of the student. |
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11| L. Students participating in the Oklahoma Higher Learning |
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12|Access Program shall provide their Social Security number or their |
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13|student identification number used by their school to the Oklahoma |
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14|State Regents for Higher Education. The Regents shall keep the |
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15|numbers confidential and use them only for administrative purposes. |
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16| SECTION 2. This act shall become effective November 1, 2023. |
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18| 59-1-7009 EK 01/04/23 |
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