1|ENGROSSED HOUSE AMENDMENT | | TO | 2|ENGROSSED SENATE BILL NO. 322 By: Seifried of the Senate | | | 3| and | | | 4| McBride of the House | | | 5| | | | 6| | | | 7| An Act relating to higher education; amending 70 O.S. | | 2021, Section 626.7, which relates to the Oklahoma | 8| Higher Education Tuition Aid Act; providing | | eligibility for certain programs; updating statutory | 9| language; providing an effective date; and declaring | | an emergency. | 10| | | | 11| | | | 12|AUTHOR: Add the following House Coauthors: Hefner, | | Alonso-Sandoval, and Waldron | 13| | | | 14|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | | and insert: | 15| | | | 16| | | | 17| "[ higher education - Oklahoma Higher Education | | | 18| Tuition Aid Act - Oklahoma Higher Learning Access | | | 19| Trust Fund - State Regents - effective date | | | 20| emergency ] | | | 21| | | | 22| | | | 23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:| | | 24| | | | Page 1 ___________________________________________________________________________
1|SECTION 1. AMENDATORY 70 O.S. 2021, Section 626.7, is | | | 2|amended to read as follows: | | | 3| Section 626.7 A college tuition aid grant may be awarded | | | 4|annually to each eligible, qualified full-time or part-time | | | 5|undergraduate or graduate student enrolled in a curriculum leading | | | 6|to a degree or certificate in an institution of collegiate grade or | | | 7|postsecondary institution providing a program of training to prepare | | | 8|students for employment in a recognized occupation in Oklahoma | | | 9|approved or accredited by the Oklahoma State Regents for Higher | | | 10|Education or appropriate postsecondary agency. Eligible programs of | | | 11|training shall include comprehensive transition and postsecondary | | | 12|programs approved by the United States Department of Education. | | | 13|College tuition aid grants shall be awarded in accordance with the | | | 14|following: | | | 15| 1. Eligibility. Each full-time or part-time resident student | | | 16|willshall be eligible to receive a grant in an amount as provided | | | 17|in paragraph 2 of this section. The Oklahoma State Regents for | | | 18|Higher Education shall determine by rules and regulations the | | | 19|maximum number of semesters a student may be eligible for grants. | | | 20|No student shall be eligible for grants unless the student maintains | | | 21|suchminimum standards of academic performance as are required by | | | 22|the institution in which the student is enrolled. | | | 23| | | | 24| | | | Page 2 ___________________________________________________________________________
1| In the event a student for any reason ceases to continue to be | | | 2|enrolled during the course of an academic year, the student shall | | | 3|cease to be eligible for tuition aid. | | | 4| 2. Amount of grant. The amount of tuition aid grant to any | | | 5|student under this act for any semester shall represent a percentage | | | 6|not greater than seventy-five percent (75%) of the tuition and | | | 7|enrollment fees normally charged to residents ofthe State of| | | 8|Oklahomathis state by the institution of attendance. The Oklahoma | | | 9|State Regents for Higher Education shall determine by rules the | | | 10|annual maximum award amount based on an annual assessment of funds | | | 11|availability. | | | 12| Financial assistance received under this actwillshall be | | | 13|considered as part of a student's financial aid package. | | | 14| SECTION 2. AMENDATORY 70 O.S. 2021, Section 3953.1, is | | | 15|amended to read as follows: | | | 16| Section 3953.1 A. There is hereby created a trust fund to be | | | 17|known as the "Oklahoma Higher Learning Access Trust Fund". The | | | 18|Oklahoma State Regents for Higher Education shall be the trustees of | | | 19|said Trust Fund. | | | 20| B. The State Regents shall utilize said Trust Fund to implement | | | 21|the provisions of Sections 2601 through 2605 of this title and | | | 22|Sections 2 through 4 of this act. | | | 23| C. The Trust Fund principal shall consist of monies the | | | 24|Legislature appropriates or transfers to the Oklahoma State Regents | | | Page 3 ___________________________________________________________________________
1|for Higher Education for the Trust Fund and any monies or assets |
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2|contributed to the Trust Fund from any other source, public or |
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3|private. All monies accruing to the credit of said fund are hereby |
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4|appropriated and may be budgeted and expended by the State Regents. |
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5|Expenditures from said fund shall be made upon warrants issued by |
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6|the State Treasurer against claims filed as prescribed by law with |
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7|the Director of the Office of Management and Enterprise Services for |
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8|approval and payment. |
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9| D. Notwithstanding other provisions of law, income and |
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10|investment return on Trust Fund principal shall accrue to the Trust |
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11|Fund for use as provided by authorization of the trustees for the |
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12|purposes provided in Sections 2601 through 2605 of this title and |
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13|Sections 2 through 4 of this act. The State Regents may also |
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14|utilize the Trust Fund principal for the purposes provided in |
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15|Sections 2601 through 2605 of this title and Sections 2 through 4 of |
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16|this act. Except as otherwise provided by law, no such income or |
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17|investment return or principal shall be used for administrative |
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18|expenses; expenses incurred by the State Regents in the |
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19|administration of the Trust Fund and of the Oklahoma Higher Learning |
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20|Access Program established by the Oklahoma Higher Learning Access |
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21|Act and of the Oklahoma Promise Opportunity Scholarship program |
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22|established by the Oklahoma Promise Opportunity Scholarship Act |
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23|shall be paid from monies appropriated to the State Regents |
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24|coordinating board for their general operating budget. |
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1| E. The Regents shall adopt rules for accomplishing transfer of |
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2|funds from the Oklahoma Higher Learning Access Trust Fund to the |
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3|appropriate institutional Educational and General Operations |
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4|Revolving Funds, as provided in Section 3901 of this title, to |
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5|private institutions, and to the appropriate technology center |
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6|school district to cover general enrollment fees or tuition for |
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7|eligible students pursuant to the Oklahoma Higher Learning Access |
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8|Act and the Oklahoma Promise Opportunity Scholarship Act. |
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9|Allocations from the Trust Fund may be made only for the purpose of |
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10|covering the general enrollment fees or tuition of eligible |
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11|students. No portion of the Trust Fund may be used or allocated for |
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12|administrative or operating expenses of any higher education |
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13|institution or technology center school. |
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14| SECTION 3. NEW LAW A new section of law to be codified |
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15|in the Oklahoma Statutes as Section 2501 of Title 70, unless there |
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16|is created a duplication in numbering, reads as follows: |
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17| A. This act shall be known and may be cited as the "Oklahoma |
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18|Promise Opportunity Scholarship Act". |
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19| B. As used in the Oklahoma Promise Opportunity Scholarship Act: |
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20| 1. "Board" means the State Board of Education; |
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21| 2. "Comprehensive transition and postsecondary program for |
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22|students with intellectual disabilities" or "CTP program" means a |
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23|degree, certificate, or nondegree program that meets each of the |
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24|following: |
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1| a. is offered by a state educational institution, |
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2| b. is designed to support students with intellectual |
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3| disabilities who are seeking to continue academic, |
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4| career and technical, and independent living |
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5| instruction at a state educational institution in |
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6| order to prepare for gainful employment, |
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7| c. includes an advising and curriculum structure, |
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8| d. requires students with intellectual disabilities to |
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9| participate on not less than a half-time basis as |
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10| determined by the institution, with participation |
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11| focusing on academic components, and occurring through |
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12| one or more of the following activities: |
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13| (1) regular enrollment in credit-bearing courses with |
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14| nondisabled students offered by the institution, |
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15| (2) auditing or participating in courses with |
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16| nondisabled students offered by the institution |
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17| for which the student does not receive regular |
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18| academic credit, |
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19| (3) enrollment in noncredit-bearing, nondegree |
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20| courses with nondisabled students, or |
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21| (4) participation in internships or work-based |
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22| training in settings with nondisabled |
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23| individuals, and |
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24| |
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1| e. requires students with intellectual disabilities to |
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2| be socially and academically integrated with |
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3| non-disabled students to the maximum extent possible; |
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4| 3. "Program" means the Oklahoma Promise Opportunity Scholarship |
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5|program; |
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6| 4. "State educational institution" means any higher education |
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7|institution supported wholly or in part by direct legislative |
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8|appropriations which provides a comprehensive transition and |
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9|postsecondary program for students with intellectual disabilities; |
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10| 5. "State Regents" means the Oklahoma State Regents for Higher |
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11|Education; and |
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12| 6. "Student" means a student with: |
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13| a. a cognitive impairment, characterized by significant |
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14| limitations in intellectual and cognitive functioning |
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15| and adaptive behavior as expressed in conceptual, |
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16| social, and practical adaptive skills, and |
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17| b. who is currently, or was formerly, eligible for a |
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18| free appropriate public education under the federal |
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19| Individuals with Disabilities Education Act. |
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20| C. There is hereby created a program to be known as the |
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21|"Oklahoma Promise Opportunity Scholarship". The purpose of the |
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22|program is to provide an award to eligible students who are pursuing |
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23|studies in this state at a CTP program, that will relieve students |
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24| |
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1|from paying nonguaranteed resident tuition at state educational |
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2|institutions. |
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3| D. A student shall be eligible for the Oklahoma Promise |
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4|Opportunity Scholarship program if the student: |
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5| 1. Meets the definition for student provided in paragraph 6 of |
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6|subsection B of this section; |
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7| 2. Is a resident of this state or enrolled in a school district |
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8|located in this state that serves students who reside in both this |
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9|state and an adjacent state pursuant to a contract as authorized in |
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10|Section 5-117.1 of Title 70 of the Oklahoma Statutes; |
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11| 3. Is a United States citizen or lawfully present in the United |
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12|States. A student who is not a United States citizen or lawfully |
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13|present in the United States shall not be eligible to participate in |
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14|the program and qualify for an award notwithstanding the provisions |
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15|of Section 3242 of Title 70 of the Oklahoma Statutes; |
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16| 4. Has a record of satisfactory compliance with agreements |
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17|executed pursuant to Section 4 of this act; |
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18| 5. Has graduated within the previous six (6) years from a |
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19|public high school accredited by the State Board of Education or a |
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20|private school, or has satisfactorily completed within the previous |
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21|six (6) years an educational program that was provided through a |
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22|means other than a public or private school; |
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23| 6. Has completed the curricular requirements for admission to a |
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24|state educational institution; |
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1| 7. Has satisfied admission standards as determined by the State |
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2|Regents for first-time-entering students for the appropriate type of |
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3|state educational institution; |
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4| 8. Have secured admission to, and enrolled in, a state |
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5|educational institution that meets the requirements to be eligible |
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6|for federal student financial aid; and |
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7| 9. Has established financial need according to the provisions |
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8|of subsection D of Section 4 of this act and standards and |
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9|provisions promulgated by the State Regents. |
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10| E. To retain eligibility in the program, the student shall: |
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11| 1. Meet the requirements for retention and completion as |
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12|established by the state educational institution where the student |
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13|is enrolled; |
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14| 2. Maintain good academic standing and satisfactory academic |
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15|progress according to standards of the State Regents; |
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16| 3. Maintain satisfactory academic progress as required for |
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17|eligibility for federal Title IV student financial aid programs; |
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18| 4. Comply with the standards related to maintenance of |
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19|eligibility as promulgated by the State Regents; and |
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20| 5. Refrain from conduct that leads to expulsion or suspension |
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21|of more than one (1) semester from a state educational institution. |
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22|A student who violates the provisions of this paragraph shall |
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23|permanently lose eligibility for program benefits. |
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24| |
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1| F. The State Regents shall promulgate rules relating to |
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2|maintenance of eligibility under the program by a student. |
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3| SECTION 4. NEW LAW A new section of law to be codified |
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4|in the Oklahoma Statutes as Section 2502 of Title 70, unless there |
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5|is created a duplication in numbering, reads as follows: |
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6| A. Subject to the availability of funds, an amount equivalent |
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7|to the nonguaranteed resident tuition for which an eligible Oklahoma |
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8|Promise Opportunity Scholarship program student is obligated at a |
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9|state educational institution shall be awarded by allocation from |
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10|the Oklahoma Higher Learning Access Trust Fund. |
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11| B. Benefits awarded through the program shall be awarded to all |
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12|eligible student applicants without any limitation on the number of |
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13|awards in any year other than the amount of funds available for the |
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14|program and the number of eligible applicants. Subject to the |
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15|provisions of subsection D of this section, if funds are not |
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16|sufficient to provide awards for all eligible applicants, the State |
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17|Regents shall make awards on the basis of need. Provided, the State |
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18|Regents may take into consideration other grants and scholarships |
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19|received by an eligible applicant when making awards. |
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20| C. The State Regents may, at the time an award is made on |
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21|behalf of an Oklahoma Promise Opportunity Scholarship program |
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22|student, set aside in the Oklahoma Higher Learning Access Trust Fund |
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23|funds for the full commitment made to the student. For all academic |
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24|years, students who have previously received awards under the |
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1|provisions of the Oklahoma Promise Opportunity Scholarship Act, and |
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2|who have continued at all times to fulfill the requirements for |
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3|eligibility to receive awards provided pursuant to this program, |
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4|shall be given an absolute priority for continued financial support |
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5|by the Oklahoma Promise Opportunity Scholarship program superior to |
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6|any students who are applying for an award for the first time. |
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7| SECTION 5. NEW LAW A new section of law to be codified |
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8|in the Oklahoma Statutes as Section 2503 of Title 70, unless there |
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9|is created a duplication in numbering, reads as follows: |
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10| A. Each school year, the parent or legal guardian of every |
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11|fifth- through eleventh-grade student in the public and private |
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12|schools of this state and students who are educated by other means |
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13|and are in the equivalent of the fifth through eleventh grade, who |
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14|meets the definition for student provided in paragraph 6 of |
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15|subsection B of Section 2 of this act, shall be informed of the |
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16|opportunity for access to higher learning through the Oklahoma |
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17|Promise Opportunity Scholarship Act. The State Regents and the |
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18|State Board of Education shall develop, promote, and coordinate a |
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19|public awareness program to be utilized in making students and |
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20|parents aware of the Oklahoma Promise Opportunity Scholarship |
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21|program. |
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22| B. On a form provided by the State Regents, every public school |
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23|district shall designate at least one (1) Oklahoma Promise |
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24|Opportunity Scholarship program contact person, who shall be a |
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1|counselor or teacher, at each public school site in this state in |
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2|which eighth-, ninth-, tenth-, or eleventh-grade classes are taught. |
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3| When requested by the State Regents, the Board shall assist the |
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4|State Regents to ensure the designation of contact persons. Private |
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5|schools shall also designate at least one (1) school official as a |
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6|contact person. For students who are educated by other means, a |
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7|parent, legal guardian, or other person approved by the State |
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8|Regents shall be designated the contact person. |
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9| C. 1. Students who qualify on the basis of financial need |
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10|according to subsection D or E of this section prior to entering the |
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11|eleventh grade or prior to reaching sixteen (16) years of age and |
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12|who meet the standards and provisions promulgated by the State |
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13|Regents, shall be given the opportunity throughout the eighth-, |
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14|ninth-, tenth-, and eleventh-grade years, for students enrolled in a |
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15|public or private school, or between thirteen (13) and sixteen (16) |
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16|years of age, for students who are educated by other means, to enter |
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17|into participation in the program by agreeing, throughout the |
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18|remainder of their school years or educational program, to: |
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19| a. attend school or an educational program regularly, |
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20| b. refrain from substance abuse, |
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21| c. refrain from commission of violent crimes, |
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22| d. have school work and school records reviewed by |
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23| mentors designated pursuant to the program, |
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24| |
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1| e. provide information requested by the State Regents or |
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2| the Board, and |
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3| f. participate in required program activities. |
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4| 2. The contact person shall maintain the agreements, which |
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5|shall be executed on forms provided by the State Regents and managed |
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6|according to regulations promulgated by the State Regents, and the |
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7|contact person shall monitor compliance of the student with the |
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8|terms of the agreement. The State Regents are authorized to process |
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9|student agreements and verify compliance with the agreements. |
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10|Students failing to comply with the terms of the agreement shall not |
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11|be eligible for the awards provided in Section 3 of this act. |
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12| D. Except as otherwise provided for in subsection E of this |
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13|section, a student shall not be found to be in financial need for |
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14|purposes of the Oklahoma Promise Opportunity Scholarship Act if: |
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15| 1. At the time the student applies for participation in the |
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16|program during the eighth, ninth, or tenth grade for students |
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17|enrolled in a public or private school, or between thirteen (13) and |
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18|fifteen (15) years of age for students who are educated by other |
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19|means: |
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20| a. the federal adjusted gross income of the student's |
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21| parent(s), who have two (2) or fewer dependent |
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22| children, exceeds Sixty-five Thousand Dollars |
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23| ($65,000.00) per year, |
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24| |
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1| b. the federal adjusted gross income of the student's |
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2| parent(s), who have three (3) or four (4) dependent |
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3| children, exceeds Seventy-five Thousand Dollars |
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4| ($75,000.00) per year, or |
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5| c. the federal adjusted gross income of the student's |
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6| parent(s), who have five (5) or more dependent |
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7| children, exceeds Eighty-five Thousand Dollars |
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8| ($85,000.00) per year; |
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9| 2. At the time the student begins postsecondary education and |
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10|prior to receiving any program award, the federal adjusted gross |
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11|income of the student's parent(s) exceeds One Hundred Thousand |
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12|Dollars ($100,000.00) per year; and |
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13| 3. Prior to receiving any program award for any year during |
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14|which the student is enrolled in a state educational institution, |
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15|the federal adjusted gross income of the student's parent(s) exceeds |
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16|One Hundred Thousand Dollars ($100,000.00) per year. |
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17| The determination of financial qualification provided in |
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18|paragraphs 2 and 3 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 is |
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20|determined to be independent of the student's parents for federal |
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21|financial aid purposes, was in the permanent custody of the |
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22|Department of Human Services at the time the student enrolled in the |
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23|program, or was in the court-ordered custody of a federally |
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24| |
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1|recognized Indian tribe, as defined by the federal Indian Child |
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2|Welfare Act, at the time the student enrolled in the program. |
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3| The State Regents shall review the determination of financial |
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4|qualification provided in paragraph 1 of this subsection if the |
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5|income from taxable and nontaxable sources of the student's |
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6|parent(s) includes income received from nontaxable military benefits |
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7|or income received from the federal Social Security Administration |
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8|due to the death or disability of the student's parent(s). If the |
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9|income from taxable and nontaxable sources of the student's |
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10|parent(s), excluding income received from nontaxable military |
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11|benefits or income received from the federal Social Security |
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12|Administration due to the death or disability of the student's |
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13|parent(s), does not exceed the limitations provided in paragraph 1 |
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14|of this subsection, the student shall be determined to have met the |
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15|financial qualification provided in paragraph 1 of this subsection. |
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16| E. 1. A student who was adopted between birth and twelve (12) |
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17|years of age while in the permanent custody of the Department of |
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18|Human Services, in the court-ordered custody of a licensed private |
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19|nonprofit child-placing agency, or federally recognized Indian |
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20|tribe, as defined by the federal Indian Child Welfare Act, shall not |
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21|be found to be in financial need for purposes of the Oklahoma |
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22|Promise Opportunity Scholarship Act if at the time the student |
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23|begins postsecondary education and prior to receiving any program |
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24| |
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1|award, the federal adjusted gross income of the student's parent(s) |
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2|exceeds One Hundred Fifty Thousand Dollars ($150,000.00) per year. |
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3| 2. A student who was adopted between thirteen (13) and |
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4|seventeen (17) years of age while in the permanent custody of the |
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5|Department of Human Services, in the court-ordered custody of a |
| |
6|licensed private nonprofit child-placing agency, or federally |
| |
7|recognized Indian tribe, as defined by the federal Indian Child |
| |
8|Welfare Act, shall not be found to be in financial need for purposes |
| |
9|of the program if at the time the student begins postsecondary |
| |
10|education and prior to receiving any program award, the federal |
| |
11|adjusted gross income of the student's parent(s) exceeds Two Hundred |
| |
12|Thousand Dollars ($200,000.00) per year. |
| |
13| 3. The determination of financial qualification provided in |
| |
14|this subsection shall be based on the income of the student, not the |
| |
15|income of the parent(s), if the student is determined to be |
| |
16|independent of the student's parent(s) for federal financial aid |
| |
17|purposes. A determination of financial qualification shall not be |
| |
18|required for the student who meets the criteria set forth in this |
| |
19|subsection at the time the student applies for participation in the |
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20|program. |
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21| F. The financial qualification of a student provided in |
| |
22|subsections D and E of this section shall be certified by the |
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23|contact person or by the State Regents on the agreement form |
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24|provided by the State Regents. The form shall be retained in the |
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1|permanent record of the student and a copy forwarded to the State |
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2|Regents. |
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3| G. Agreements shall be witnessed by the parent or legal |
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4|guardian of the student, who shall further agree to: |
| |
5| 1. Assist the student in achieving compliance with the |
| |
6|agreements; |
| |
7| 2. Confer, when requested to do so, with the school contact |
| |
8|person, other school personnel, and program mentors; |
| |
9| 3. Provide information requested by the State Regents or the |
| |
10|Board; and |
| |
11| 4. Assist the student in completing forms and reports required |
| |
12|for program participation, making applications to state educational |
| |
13|institutions, and filing applications for student grants and |
| |
14|scholarships. |
| |
15| H. The State Regents shall promulgate rules for the |
| |
16|determination of student compliance with agreements made pursuant to |
| |
17|this section. |
| |
18| I. The State Regents shall designate personnel to coordinate |
| |
19|tracking of program records for the years when students |
| |
20|participating in the program are still in the schools or are being |
| |
21|educated by other means, provide staff development for contact |
| |
22|persons in the schools, and provide liaison with the Board and local |
| |
23|organizations and individuals participating in the program. |
| |
24| |
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1| J. The school district where an Oklahoma Promise Opportunity |
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2|Scholarship program student is enrolled when the student begins |
| |
3|participation in the program and any subsequent school district |
| |
4|where the student enrolls, shall forward information regarding |
| |
5|participation by the student in the program to the school where the |
| |
6|student transfers upon request of the school for the student's |
| |
7|records. |
| |
8| K. Students participating in the program shall provide their |
| |
9|Social Security number or their student identification number used |
| |
10|by their school to the State Regents. The State Regents shall keep |
| |
11|the numbers confidential and use them only for administrative |
| |
12|purposes. |
| |
13| SECTION 6. This act shall become effective July 1, 2023. |
| |
14| SECTION 7. It being immediately necessary for the preservation |
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15|of the public peace, health, or safety, an emergency is hereby |
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16|declared to exist, by reason whereof this act shall take effect and |
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17|be in full force from and after its passage and approval." |
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| Passed the House of Representatives the 26th day of April, 2023. |
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| Presiding Officer of the House of |
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| Passed the Senate the ____ day of __________, 2023. |
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