1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 2nd Session of the 59th Legislature (2024) |
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4|ENGROSSED SENATE |
|BILL NO. 1302 By: Rader of the Senate |
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| and |
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| Moore of the House |
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9| An Act relating to the Oklahoma Higher Learning |
| Access Program; amending 70 O.S. 2021, Section 2603, |
10| which relates to program eligibility; removing |
| requirement to complete certain unit or set of |
11| competencies; removing reference to specific |
| curriculum requirements; providing eligibility for |
12| students placed in certain custody during certain |
| grades; amending 70 O.S. 2021, Section 2605, as |
13| amended by Section 1, Chapter 400, O.S.L. 2022 (70 |
| O.S. Supp. 2023, Section 2605), which relates to |
14| student agreements; removing obsolete language |
| regarding certain income thresholds; establishing |
15| financial need for students placed in certain custody |
| during certain grades; removing obsolete language |
16| regarding eligibility for students who were denied |
| participation in certain school year; updating |
17| statutory references; providing an effective date; |
| and declaring an emergency. |
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19| |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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21| SECTION 1. AMENDATORY 70 O.S. 2021, Section 2603, is |
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22|amended to read as follows: |
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23| Section 2603. A. Except as otherwise provided for in |
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24|subsection B of this section and elsewhere in this section, to be |
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1|eligible to participate in the Oklahoma Higher Learning Access |
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2|Program and to qualify for an award which includes payment of an |
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3|amount equivalent to resident tuition or other tuition pursuant to |
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4|Section 2604 of this title for the first semester or other academic |
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5|unit of postsecondary enrollment, a student shall: |
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6| 1. Be a resident of this state or be enrolled in a school |
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7|district located in this state that serves students who reside in |
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8|both this state and an adjacent state pursuant to a contract as |
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9|authorized in Section 5-117.1 of this title; |
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10| 2. Be a United States citizen or lawfully present in the United |
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11|States. A student who is not a United States citizen or lawfully |
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12|present in the United States shall not be eligible to participate in |
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13|the Oklahoma Higher Learning Access Program and to qualify for an |
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14|award notwithstanding the provisions of Section 3242 of this title. |
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15|The provisions of this paragraph shall not apply to any student who |
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16|was enrolled in the Oklahoma Higher Learning Access Program prior to |
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17|the end of the 2006-2007 school year; |
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18| 3. Have a record of satisfactory compliance with agreements |
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19|executed pursuant to Section 2605 of this title; |
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20| 4. a. have graduated within the previous three (3) years |
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21| from a high school accredited by the State Board of |
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22| Education, or the Oklahoma School of Science and |
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23| Mathematics with a minimum 2.5 cumulative grade point |
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1| average on a 4.0 scale for all work attempted in |
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2| grades nine through twelve, |
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3| b. have graduated within the previous three (3) years |
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4| from a high school not accredited by the State Board |
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5| of Education with a minimum 2.5 cumulative grade point |
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6| average on a 4.0 scale for all work attempted in |
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7| grades nine through twelve and have achieved a |
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8| composite score of 22 or higher on the ACT test, or |
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9| c. have satisfactorily completed within the previous |
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10| three (3) years an educational program that was |
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11| provided through a means other than a public or |
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12| private school and have achieved a composite score of |
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13| 22 or higher on the ACT test; |
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14| 5. Have completed the curricular requirements for admission to |
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15|an institution within The Oklahoma State System of Higher Education |
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16|and one additional unit or set of competencies in a course that |
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17|meets college admission requirements. The curriculum requirements |
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18|shall include two units or sets of competencies in foreign or |
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19|non-English language or technology courses that meet the college |
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20|admission requirements and one unit or set of competencies of a fine |
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21|arts course. Students shall also have attained a 2.5 grade point |
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22|average in the core curriculum courses. Students who attended a |
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23|high school which did not offer all the core curriculum courses or |
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24|students who were educated by other means and were not offered all |
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1|the core curriculum courses shall be allowed to satisfy this |
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2|curriculum requirement by participating in a program approved by the |
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3|Oklahoma State Regents for Higher Education for remediation of high |
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4|school curricular deficiencies; |
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5| 6. Have satisfied admission standards as determined by the |
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6|Oklahoma State Regents for Higher Education for first-time-entering |
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7|students for the appropriate type of institution, or, if attending a |
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8|private institution, have satisfied admission standards as |
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9|determined by the private institution. No student participating in |
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10|the Oklahoma Higher Learning Access Program shall be admitted into |
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11|an institution of higher education by special admission standards; |
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12| 7. Have secured admission to, and enrolled in, an institution |
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13|which is a member of The Oklahoma State System of Higher Education, |
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14|a postsecondary vocational-technical program offered by a technology |
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15|center school that meets the requirements to be eligible for federal |
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16|student financial aid, or a private institution of higher learning |
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17|located within this state and accredited pursuant to Section 4103 of |
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18|this title; and |
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19| 8. a. have established financial need according to the |
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20| provisions of subsection D of Section 2605 of this |
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21| title and standards and provisions promulgated by the |
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22| Oklahoma State Regents for Higher Education, |
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23| b. if the student was adopted between birth and twelve |
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24| (12) years of age while in the permanent custody of |
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1| the Department of Human Services, in the court-ordered |
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2| custody of a licensed private nonprofit child-placing |
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3| agency, or federally recognized Indian tribe, as |
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4| defined by the federal Indian Child Welfare Act, have |
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5| established financial need according to the provisions |
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6| of paragraph 1 of subsection E of Section 2605 of this |
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7| title and standards and provisions promulgated by the |
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8| Oklahoma State Regents for Higher Education, or |
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9| c. if the student was adopted between thirteen (13) and |
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10| seventeen (17) years of age while in the permanent |
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11| custody of the Department of Human Services, in the |
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12| court-ordered custody of a licensed private nonprofit |
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13| child-placing agency, or federally recognized Indian |
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14| tribe, as defined by the federal Indian Child Welfare |
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15| Act, have established financial need according to the |
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16| provisions of paragraph 2 of subsection E of Section |
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17| 2605 of this title and standards and provisions |
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18| promulgated by the Oklahoma State Regents for Higher |
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19| Education, or |
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20| d. if the student was placed in the custody of the |
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21| Department of Human Services at any time during the |
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22| eighth, ninth, tenth, or eleventh grades and enrolls |
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23| in the program no later than his or her official date |
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24| of high school graduation, have established financial |
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1| need according to the provisions of paragraph 3 of |
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2| subsection E of Section 2605 of this title and |
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3| standards and provisions promulgated by the Oklahoma |
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4| State Regents for Higher Education. |
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5| B. 1. A student shall be eligible to participate in the |
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6|Oklahoma Higher Learning Access Program and to qualify for an award |
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7|which includes payment of an amount equivalent to resident tuition |
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8|or other tuition pursuant to Section 2604 of this title for the |
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9|first semester or other academic unit of postsecondary enrollment if |
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10|the student meets all of the following criteria: |
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11| a. is a child of any person killed after January 1, |
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12| 2000, in the line of duty in any branch of the United |
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13| States Armed Forces or who died after January 1, 2000, |
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14| as a result of an injury sustained while in the line |
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15| of duty in any branch of the United States Armed |
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16| Forces and the person who was killed or died filed an |
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17| individual or joint Oklahoma income tax return for the |
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18| tax year prior to the year during which the person was |
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19| killed or died, |
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20| b. is a resident of this state or is enrolled in a |
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21| school district located in this state that serves |
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22| students who reside in both this state and an adjacent |
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23| state pursuant to a contract as authorized in Section |
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24| 5-117.1 of this title, |
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1| c. enrolls in an institution within The Oklahoma State |
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2| System of Higher Education prior to reaching the age |
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3| of twenty-one (21), |
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4| d. has satisfied admission standards as determined by |
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5| the Oklahoma State Regents for Higher Education for |
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6| first-time-entering students for the appropriate type |
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7| of institution, or, if attending a private |
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8| institution, has satisfied admission standards as |
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9| determined by the private institution. No student |
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10| participating in the Oklahoma Higher Learning Access |
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11| Program shall be admitted into an institution of |
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12| higher education by special admission standards, |
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13| e. has secured admission to, and enrolled in, an |
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14| institution which is a member of The Oklahoma State |
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15| System of Higher Education, a postsecondary |
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16| vocational-technical program offered by a technology |
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17| center school that meets the requirements to be |
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18| eligible for federal student financial aid, or a |
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19| private institution of higher learning located within |
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20| this state and accredited pursuant to Section 4103 of |
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21| this title, and |
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22| f. executes an agreement pursuant to subsection C of |
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23| Section 2605 of this title. |
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24| |
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1| 2. A student who is eligible to participate in the program |
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2|pursuant to this subsection shall not be required to meet the |
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3|eligibility requirements set forth in subsection A of this section. |
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4| C. To retain eligibility while pursuing the program of higher |
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5|learning in which enrolled, the student shall: |
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6| 1. Meet the requirements for retention and degree completion as |
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7|established by the institution in which the student is enrolled; |
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8| 2. Maintain good academic standing and satisfactory academic |
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9|progress according to standards of the Oklahoma State Regents for |
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10|Higher Education; |
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11| 3. Maintain satisfactory academic progress as required for |
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12|eligibility for federal Title IV student financial aid programs. |
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13|The provisions of this paragraph shall become effective for the |
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14|2012-2013 school year; |
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15| 4. Comply with the standards related to maintenance of |
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16|eligibility as promulgated by the Oklahoma State Regents for Higher |
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17|Education; and |
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18| 5. Refrain from conduct that leads to expulsion or suspension |
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19|of more than one semester from an institution of higher education. |
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20|A student who violates the provisions of this paragraph shall |
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21|permanently lose eligibility for program benefits. The provisions |
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22|of this paragraph shall become effective January 1, 2008. |
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23| D. The Oklahoma State Regents for Higher Education and the |
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24|State Board of Career and Technology Education shall promulgate |
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1|rules relating to maintenance of eligibility under the Oklahoma |
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2|Higher Learning Access Act by a student. |
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3| E. It is the intent of the Legislature that students in the |
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4|ninth grade for the 1992-93 school year who are determined to be |
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5|eligible Oklahoma Higher Learning Access students pursuant to the |
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6|Oklahoma Higher Learning Access Act shall be the first students |
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7|eligible for benefits from the Oklahoma Higher Learning Access Trust |
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8|Fund. |
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9| F. The Oklahoma State Regents for Higher Education are |
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10|authorized to study, develop, and propose criteria for determining |
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11|award eligibility based upon the completion of seven semesters of |
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12|high school coursework by a student. |
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13| SECTION 2. AMENDATORY 70 O.S. 2021, Section 2605, as |
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14|amended by Section 1, Chapter 400, O.S.L. 2022 (70 O.S. Supp. 2023, |
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15|Section 2605), is amended to read as follows: |
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16| Section 2605. A. Each school year, every fifth- through |
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17|eleventh-grade student in the public and private schools of this |
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18|state and students who are educated by other means and are in the |
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19|equivalent of the fifth through eleventh grade shall be apprised, |
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20|together with the parent, custodial parent, or guardian of the |
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21|student, of the opportunity for access to higher learning under the |
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22|Oklahoma Higher Learning Access Program. The Oklahoma State Regents |
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23|for Higher Education and the State Board of Education shall develop, |
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24|promote, and coordinate a public awareness program to be utilized in |
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1|making students and parents aware of the Oklahoma Higher Learning |
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2|Access Program. |
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3| B. On a form provided by the Oklahoma State Regents for Higher |
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4|Education, every public school district shall designate at least one |
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5|Oklahoma Higher Learning Access Program contact person, who shall be |
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6|a counselor or teacher, at each public school site in this state in |
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7|which eighth-, ninth-, tenth-, or eleventh-grade classes are taught. |
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8| When requested by the State Regents, the State Board of Education |
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9|shall assist the State Regents to ensure the designation of contact |
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10|persons. Private schools shall also designate at least one school |
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11|official as a contact person. For students who are educated by |
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12|other means, a parent or guardian or other person approved by the |
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13|State Regents shall be designated the contact person. |
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14| C. 1. Students who qualify on the basis of financial need |
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15|according to subsection D or E of this section or who meet the |
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16|eligibility qualification set forth in subparagraph a of paragraph 1 |
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17|of subsection B of Section 2603 of this title prior to entering the |
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18|eleventh grade or prior to reaching the age of sixteen (16) and the |
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19|standards and provisions promulgated by the Oklahoma State Regents |
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20|for Higher Education shall be given the opportunity throughout the |
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21|eighth-, ninth-, tenth-, and eleventh-grade years, for students |
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22|enrolled in a public or private school, or between the ages of |
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23|thirteen (13) and sixteen (16), for students who are educated by |
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24|other means, to enter into participation in the program by agreeing |
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1|to, throughout the remainder of their school years or educational |
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2|program: |
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3| a. attend school or an educational program regularly and |
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4| do homework regularly, |
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5| b. refrain from substance abuse, |
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6| c. refrain from commission of crimes or delinquent acts, |
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7| |
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8| d. have school work and school records reviewed by |
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9| mentors designated pursuant to the program, |
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10| e. provide information requested by the Oklahoma State |
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11| Regents for Higher Education or the State Board of |
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12| Education, and |
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13| f. participate in program activities. |
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14| 2. Students who meet the eligibility qualification set forth in |
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15|subparagraph a of paragraph 1 of subsection B of Section 2603 of |
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16|this title after completing the eleventh grade or after reaching the |
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17|age of seventeen (17) shall be given the opportunity prior to |
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18|reaching the age of twenty-one (21) to enter into participation in |
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19|the program and shall execute an agreement with provisions as |
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20|determined by the Oklahoma State Regents for Higher Education. |
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21| 3. The contact person shall maintain the agreements, which |
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22|shall be executed on forms provided by the Oklahoma State Regents |
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23|for Higher Education and managed according to regulations |
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24|promulgated by the Oklahoma State Regents for Higher Education, and |
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1|the contact person shall monitor compliance of the student with the |
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2|terms of the agreement. The Oklahoma State Regents for Higher |
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3|Education are authorized to process student agreements and verify |
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4|compliance with the agreements. Students failing to comply with the |
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5|terms of the agreement shall not be eligible for the awards provided |
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6|in Section 2604 of this title. |
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7| D. Except as otherwise provided for in subsection E of this |
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8|section and except for students who qualify pursuant to subsection B |
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9|of Section 2603 of this title, a student shall not be found to be in |
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10|financial need for purposes of the Oklahoma Higher Learning Access |
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11|Program if: |
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12| 1. At the time the student applies for participation in the |
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13|program during the eighth, ninth, or tenth grade for students |
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14|enrolled in a public or private school, or between the ages of |
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15|thirteen (13) and fifteen (15), for students who are educated by |
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16|other means, the income from taxable and nontaxable sources of the |
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17|student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per |
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18|year; |
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19| 2. Beginning with eighth-, ninth-, or tenth-grade students who |
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20|are enrolled in a public or private school or students between the |
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21|ages of thirteen (13) and fifteen (15) who are educated by other |
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22|means who apply for participation in the program in the 2017-2018 |
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23|school year, the federal adjusted gross income of the student's |
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24|parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year; |
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1| 3. 2. Beginning with eighth-, ninth-, tenth-, or eleventh-grade |
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2|students who are enrolled in a public or private school or students |
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3|between the ages of thirteen (13) and sixteen (16) who are educated |
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4|by other means who apply for participation in the program in the |
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5|2021-2022 school year, the federal adjusted gross income of the |
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6|student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per |
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7|year; |
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8| 4. 3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade |
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9|students who are enrolled in a public or private school or students |
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10|between the ages of thirteen (13) and sixteen (16) who are educated |
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11|by other means who apply for participation in the program in the |
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12|2022-2023 school year: |
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13| a. the federal adjusted gross income of the student's |
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14| parent(s), who have two or fewer dependent children, |
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15| exceeds Sixty Thousand Dollars ($60,000.00) per year, |
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16| b. the federal adjusted gross income of the student's |
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17| parent(s), who have three or four dependent children, |
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18| exceeds Seventy Thousand Dollars ($70,000.00) per |
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19| year, or |
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20| c. the federal adjusted gross income of the student's |
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21| parent(s), who have five or more dependent children, |
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22| exceeds Eighty Thousand Dollars ($80,000.00) per year; |
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23| 5. At the time the student begins postsecondary education and |
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24|prior to receiving any Oklahoma Higher Learning Access Program |
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1|benefit award, the federal adjusted gross income of the student's |
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2|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per |
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3|year; |
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4| 6. 4. Beginning with the 2018-2019 academic year, prior to |
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5|receiving any Oklahoma Higher Learning Access Program benefit award |
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6|for any year during which the student is enrolled in an institution |
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7|which is a member of The Oklahoma State System of Higher Education, |
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8|a postsecondary vocational-technical program offered by a technology |
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9|center school that meets the requirements to be eligible for federal |
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10|student financial aid, or a private institution of higher learning |
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11|located within this state and accredited pursuant to Section 4103 of |
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12|this title, the federal adjusted gross income of the student's |
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13|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per |
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14|year. |
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15| The determination of financial qualification as set forth in |
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16|paragraphs 5 and 6 of this subsection this paragraph shall be based |
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17|on the income of the student, not the income of the parent(s), if a |
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18|student: |
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19| a. is determined to be independent of the student's |
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20| parents for federal financial aid purposes, |
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21| b. was in the permanent custody of the Department of |
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22| Human Services at the time the student enrolled in the |
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23| program, or |
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24| |
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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. 5. The Oklahoma State Regents for Higher Education shall |
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9|review the determination of financial qualification as set forth in |
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10|paragraphs 1, 2, and 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, and 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, and 3, and 4 |
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22|of 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. A student who was placed in the custody of the Department of |
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4|Human Services at any time during the eighth, ninth, tenth, or |
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5|eleventh grades and enrolls in the program no later than his or her |
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6|official date of high school graduation shall not be found to be in |
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7|financial need for purposes of the Oklahoma Higher Learning Access |
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8|Program if the federal adjusted gross income of the student exceeds |
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9|Sixty Thousand Dollars ($60,000.00) per year. |
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10| 4. Except for students who qualify pursuant to subsection B of |
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11|Section 2603 of this title, the determination of financial |
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12|qualification as set forth in this subsection shall be based on the |
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13|income of the student, not the income of the parent(s), if the |
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14|student is determined to be independent of the student's parent(s) |
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15|for federal financial aid purposes. A determination of financial |
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16|qualification shall not be required for the student who meets the |
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17|criteria set forth in this subsection at the time the student |
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18|applies for participation in the program. The provisions of this |
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19|paragraph shall not apply to any student who has received an |
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20|Oklahoma Higher Learning Access Program benefit award prior to the |
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21|2008-2009 school year. |
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22| F. The financial qualification of a student as set forth in |
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23|subsections D and E of this section shall be certified by the |
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24|contact person or by the Oklahoma State Regents for Higher Education |
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1|on the agreement form provided by the Oklahoma State Regents for |
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2|Higher Education. The form shall be retained in the permanent |
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3|record of the student and a copy forwarded to the Oklahoma State |
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4|Regents for Higher Education. |
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5| G. Agreements shall be witnessed by the parent, custodial |
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6|parent, or guardian of the student, who shall further agree to: |
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7| 1. Assist the student in achieving compliance with the |
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8|agreements; |
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9| 2. Confer, when requested to do so, with the school contact |
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10|person, other school personnel, and program mentors; |
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11| 3. Provide information requested by the Oklahoma State Regents |
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12|for Higher Education or the State Board of Education; and |
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13| 4. Assist the student in completing forms and reports required |
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14|for program participation, making applications to institutions and |
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15|schools of higher learning, and filing applications for student |
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16|grants and scholarships. |
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17| H. Students who are enrolled in a school district located in |
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18|this state that serves students who reside in both this state and an |
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19|adjacent state pursuant to a contract as authorized in Section |
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20|5-117.1 of this title, are in the eleventh and twelfth grades during |
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21|the 2006-2007 school year, and who were denied participation in the |
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22|program shall be allowed to enter or reenter into participation in |
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23|the program by entering into agreements as set forth in subsections |
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24|C and D of this section by June 1, 2008. |
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1| I. The Oklahoma State Regents for Higher Education shall |
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2|promulgate rules for the determination of student compliance with |
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3|agreements made pursuant to this section. |
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4| J. I. The Oklahoma State Regents for Higher Education shall |
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5|designate personnel to coordinate tracking of program records for |
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6|the years when students participating in the program are still in |
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7|the schools or are being educated by other means, provide staff |
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8|development for contact persons in the schools, and provide liaison |
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9|with the State Board of Education and local organizations and |
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10|individuals participating in the program. |
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11| K. J. The school district where an Oklahoma Higher Learning |
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12|Access Program student is enrolled when the student begins |
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13|participation in the program and any subsequent school district |
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14|where the student enrolls shall forward information regarding |
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15|participation by the student in the program to a school to which the |
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16|student transfers upon the request of the school for the records of |
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17|the student. |
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18| L. K. Students participating in the Oklahoma Higher Learning |
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19|Access Program shall provide their Social Security number or their |
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20|student identification number used by their school to the Oklahoma |
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21|State Regents for Higher Education. The Regents shall keep the |
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22|numbers confidential and use them only for administrative purposes. |
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23| SECTION 3. This act shall become effective July 1, 2024. |
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24| |
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1| SECTION 4. 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| |
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6|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated |
|04/18/2024 - DO PASS. |
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