1| SENATE FLOOR VERSION |
| March 26, 2024 |
2| AS AMENDED |
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3|ENGROSSED HOUSE |
|BILL NO. 3792 By: Hefner, McBride, Deck, |
4| Pittman, Schreiber, and |
| Swope of the House |
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| and |
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| Seifried of the Senate |
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9| [ higher education Oklahoma Access and Achievement |
| Act effective date emergency ] |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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1| institution of higher education or technology center |
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2| school, |
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3| c. is designed to support students with intellectual |
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4| disabilities who are seeking to continue academic, |
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5| career and technical, and independent living |
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6| instruction at an institution of higher education or |
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7| technology center school to prepare for gainful |
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8| employment, |
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9| d. includes an advising and curriculum structure, |
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10| e. requires students with intellectual disabilities to |
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11| participate on not less than a half-time basis as |
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12| determined by the institution of higher education or |
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13| technology center school, with participation focusing |
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14| on academic components and occurring through one or |
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15| more of the following activities: |
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16| (1) regular enrollment in credit-bearing courses |
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17| with nondisabled students offered by the |
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18| institution of higher education or technology |
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19| center school, |
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20| (2) auditing or participating in courses with |
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21| nondisabled students offered by the institution |
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22| for higher education or technology center school |
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23| for which the student does not receive regular |
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24| academic credit, |
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1| (3) enrollment in noncredit-bearing, nondegree |
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2| courses with nondisabled students, or |
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3| (4) participation in internships or work-based |
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4| training in settings with nondisabled persons, |
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5| f. requires students with intellectual disabilities to |
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6| be socially and academically integrated with |
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7| nondisabled students to the maximum extent possible, |
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8| and |
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9| g. is approved by the United States Department of |
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10| Education pursuant to Public Law 110-315, the Higher |
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11| Education Opportunity Act, as amended; |
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12| 2. "Eligible student" means a student with an intellectual |
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13|disability who is eligible for the scholarship program; |
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14| 3. "Scholarship program" means the Oklahoma Access and |
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15|Achievement Program; |
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16| 4. "State educational institution" means an institution of |
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17|higher education or technology center school supported wholly or in |
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18|part by direct legislative appropriations that provides a CTP |
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19|program; |
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20| 5. "State Regents" means the Oklahoma State Regents for Higher |
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21|Education; and |
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22| 6. "Student with an intellectual disability" means a student: |
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23| a. with a cognitive impairment, characterized by |
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24| significant limitations in intellectual and cognitive |
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1| functioning and adaptive behavior as expressed in |
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2| conceptual, social, and practical adaptive skills, and |
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3| b. who is currently or was formerly eligible for a free |
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4| appropriate public education under the Individuals |
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5| with Disabilities Education Act (IDEA), including a |
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6| student who was determined eligible for special |
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7| education or related services under IDEA but attended |
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8| a private school or was educated pursuant to the other |
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9| means of education exception provided for in |
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10| subsection A of Section 10-105 of Title 70 of the |
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11| Oklahoma Statutes. |
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12| C. There is hereby created a program to be known as the |
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13|Oklahoma Access and Achievement Program. The purpose of the program |
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14|is to provide an award to eligible students with intellectual |
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15|disabilities who are pursuing studies in this state at a CTP |
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16|program. The award shall be an amount equal to the nonguaranteed |
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17|resident tuition at an institution of higher education or the |
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18|tuition at a technology center school. |
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19| D. A student with an intellectual disability shall be eligible |
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20|for the Oklahoma Access and Achievement Program if the student: |
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21| 1. Is a resident of this state or enrolled in a school district |
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22|located in this state that serves students who reside in both this |
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23|state and an adjacent state pursuant to a contract authorized by |
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24|Section 5-117.1 of Title 70 of the Oklahoma Statutes; |
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1| 2. Is a United States citizen or lawfully present in the United |
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2|States. A student who is not a United States citizen or lawfully |
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3|present in the United States shall not be eligible to participate in |
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4|the scholarship program and qualify for an award; |
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5| 3. Has graduated within the previous six (6) years from a |
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6|public high school accredited by the State Board of Education or a |
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7|private school, or has satisfactorily completed, within the previous |
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8|six (6) years, an educational program that was provided through a |
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9|means other than a public or private school; |
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10| 4. Has secured admission to and enrolled in a CTP program at a |
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11|state educational institution that meets the requirements to be |
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12|eligible for federal student financial aid; and |
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13| 5. Has established financial need according to the provisions |
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14|of Section 3 of this act and standards and provisions promulgated by |
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15|the State Regents. |
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16| E. To retain eligibility in the scholarship program, a student |
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17|with an intellectual disability shall: |
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18| 1. Meet the requirements for retention and completion as |
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19|established by the state educational institution where the student |
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20|is enrolled; |
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21| 2. Maintain satisfactory academic progress as required by the |
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22|CTP program criteria; |
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23| 3. Comply with the standards related to maintenance of |
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24|eligibility as promulgated by the State Regents; and |
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1| 4. Refrain from conduct that leads to expulsion or suspension |
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2|of more than one semester from a state educational institution. A |
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3|student who violates the provisions of this paragraph shall |
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4|permanently lose eligibility for scholarship program benefits. |
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5| F. The State Regents shall promulgate rules relating to the |
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6|establishment and maintenance of eligibility under the scholarship |
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7|program. |
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8| SECTION 2. NEW LAW A new section of law to be codified |
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9|in the Oklahoma Statutes as Section 2502 of Title 70, unless there |
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10|is created a duplication in numbering, reads as follows: |
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11| A. Subject to the availability of funds, an amount equivalent |
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12|to the nonguaranteed resident tuition at an institution of higher |
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13|education or the tuition at a technology center school where the |
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14|eligible student is enrolled in a CTP program shall be awarded by |
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15|allocation from the Oklahoma Higher Learning Access Trust Fund |
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16|created pursuant to Section 3953.1 of Title 70 of the Oklahoma |
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17|Statutes. |
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18| B. Benefits awarded through the scholarship program shall be |
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19|awarded to all eligible student applicants without any limitation on |
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20|the number of awards in any year other than the amount of funds |
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21|available for the scholarship program and the number of eligible |
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22|student applicants. Subject to the provisions of subsection C of |
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23|this section, if funds are not sufficient to provide awards for all |
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24|eligible student applicants, the Oklahoma State Regents for Higher |
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1|Education shall make awards on the basis of need. Provided, the |
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2|State Regents may take into consideration other grants and |
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3|scholarships received by an eligible student applicant when making |
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4|awards. |
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5| C. An award provided by this section shall not be allowed for |
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6|courses or other postsecondary units taken more than five (5) years |
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7|after the eligible student's first semester of postsecondary |
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8|enrollment. The State Regents may award the scholarship program |
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9|benefits for courses or other postsecondary units taken more than |
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10|five (5) years after the eligible student's first semester of |
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11|postsecondary enrollment only in hardship circumstances; provided, |
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12|however, no eligible student may receive benefits beyond a |
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13|cumulative time period of five (5) years. |
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14| D. The State Regents may, at the time an award is made on |
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15|behalf of an eligible student, set aside in the Oklahoma Higher |
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16|Learning Access Trust Fund funds for the full commitment made to the |
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17|student. For all academic years, students who have previously |
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18|received awards under the provisions of the Oklahoma Access and |
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19|Achievement Act and who have continued at all times to fulfill the |
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20|requirements for eligibility to receive awards provided pursuant to |
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21|the scholarship program shall be given an absolute priority for |
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22|continued financial support by the scholarship program above any |
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23|students who are applying for an award for the first time. |
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1| SECTION 3. NEW LAW A new section of law to be codified |
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2|in the Oklahoma Statutes as Section 2503 of Title 70, unless there |
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3|is created a duplication in numbering, reads as follows: |
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4| A. Except as otherwise provided in subsection B of this |
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5|section, a student with an intellectual disability shall not be |
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6|found to be in financial need for purposes of the Oklahoma Access |
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7|and Achievement Act if prior to receiving any scholarship program |
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8|award for any year during which the student is enrolled in a CTP |
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9|program at a state educational institution, the federal adjusted |
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10|gross income of the student's parents or legal guardians exceeds One |
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11|Hundred Thousand Dollars ($100,000.00) per year. The determination |
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12|of financial qualification provided in this subsection shall be |
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13|based on the income of the student, not the income of the parents or |
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14|legal guardians, if a student is determined to be independent of his |
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15|or her parents or legal guardians for federal financial aid |
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16|purposes. |
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17| B. 1. A student with an intellectual disability who was |
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18|adopted between birth and twelve (12) years of age while in the |
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19|permanent custody of the Department of Human Services, in the |
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20|court-ordered custody of a licensed private nonprofit child-placing |
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21|agency, or federally recognized Indian tribe, as defined by the |
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22|federal Indian Child Welfare Act, shall not be found to be in |
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23|financial need for purposes of the Oklahoma Access and Achievement |
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24|Act if, prior to receiving any scholarship program award for any |
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1|year during which the student is enrolled in a CTP program at a |
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2|state educational institution, the federal adjusted gross income of |
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3|the student's parents exceeds One Hundred Fifty Thousand Dollars |
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4|($150,000.00) per year. |
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5| 2. A student with an intellectual disability who was adopted |
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6|between thirteen (13) and seventeen (17) years of age while in the |
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7|permanent custody of the Department of Human Services, in the |
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8|court-ordered custody of a licensed private nonprofit child-placing |
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9|agency, or federally recognized Indian tribe, as defined by the |
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10|federal Indian Child Welfare Act, shall not be found to be in |
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11|financial need for purposes of the Oklahoma Access and Achievement |
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12|Act if, prior to receiving any scholarship program award for any |
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13|year during which the student is enrolled in a CTP program at a |
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14|state educational institution, the federal adjusted gross income of |
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15|the student's parents exceeds Two Hundred Thousand Dollars |
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16|($200,000.00) per year. |
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17| 3. The determination of financial qualification provided for in |
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18|this subsection shall be based on the income of the student, not the |
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19|income of the student's parents, if the student is determined to be |
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20|independent of the student's parents for federal financial aid |
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21|purposes. |
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22| SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is |
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23|amended to read as follows: |
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1| Section 3953.1 A. There is hereby created a trust fund to be |
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2|known as the "Oklahoma Higher Learning Access Trust Fund". The |
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3|Oklahoma State Regents for Higher Education shall be the trustees of |
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4|said the Trust Fund. |
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5| B. The State Regents shall utilize said the Trust Fund to |
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6|implement the provisions of Sections 2601 through 2605 of this title |
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7|and Sections 1 through 3 of this act. |
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8| C. The Trust Fund principal shall consist of monies the |
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9|Legislature appropriates or transfers to the Oklahoma State Regents |
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10|for Higher Education for the Trust Fund and any monies or assets |
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11|contributed to the Trust Fund from any other source, public or |
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12|private. All monies accruing to the credit of said the fund are |
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13|hereby appropriated and may be budgeted and expended by the State |
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14|Regents. Expenditures from said the fund shall be made upon |
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15|warrants issued by the State Treasurer against claims filed as |
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16|prescribed by law with the Director of the Office of Management and |
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17|Enterprise Services for approval and payment. |
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18| D. Notwithstanding other provisions of law, income and |
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19|investment return on Trust Fund principal shall accrue to the Trust |
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20|Fund for use as provided by authorization of the trustees for the |
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21|purposes provided in Sections 2601 through 2605 of this title and |
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22|Sections 1 through 3 of this act. The State Regents may also |
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23|utilize the Trust Fund principal for the purposes provided in |
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24|Sections 2601 through 2605 of this title and Sections 1 through 3 of |
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1|this act. Except as otherwise provided by law, no such income or |
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2|investment return or principal shall be used for administrative |
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3|expenses; expenses incurred by the State Regents in the |
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4|administration of the Trust Fund and of the Oklahoma Higher Learning |
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5|Access Program established by the Oklahoma Higher Learning Access |
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6|Act and the Oklahoma Access and Achievement Program established by |
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7|the Oklahoma Access and Achievement Act shall be paid from monies |
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8|appropriated to the State Regents coordinating board for their |
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9|general operating budget. |
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10| E. The State Regents shall adopt rules for accomplishing |
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11|transfer of funds from the Oklahoma Higher Learning Access Trust |
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12|Fund to the appropriate institutional Educational and General |
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13|Operations Revolving Funds, as provided in Section 3901 of this |
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14|title, to private institutions, and to the appropriate technology |
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15|center school district to cover general enrollment fees or tuition |
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16|for eligible students pursuant to the Oklahoma Higher Learning |
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17|Access Act and the Oklahoma Access and Achievement Act. Allocations |
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18|from the Trust Fund may be made only for the purpose of covering the |
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19|general enrollment fees or tuition of eligible students. No portion |
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20|of the Trust Fund may be used or allocated for administrative or |
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21|operating expenses of any higher education institution or technology |
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22|center school. |
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23| SECTION 5. This act shall become effective July 1, 2024. |
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1| SECTION 6. It being immediately necessary for the preservation |
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2|of the public peace, health, or safety, an emergency is hereby |
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3|declared to exist, by reason whereof this act shall take effect and |
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4|be in full force from and after its passage and approval. |
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5|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION |
|March 26, 2024 - DO PASS AS AMENDED |
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