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Oklahoma Legislature· HB 1727Approved by Governor 06/10/2025

An act relating to the Oklahoma Higher Learning Access Program, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1727               By: Moore

4

5

6                   AS INTRODUCED

7   An Act relating to the Oklahoma Higher Learning

    Access Program; amending 70 O.S. 2021, Section 2603,

8   as amended by Section 1, Chapter 274, O.S.L. 2024 (70

    O.S. Supp. 2024, Section 2603), which relates to

9   eligibility requirements; providing eligibility for

    children of certain teachers; defining term; amending

10  70 O.S. 2021, Section 2605, as last amended by

    Section 2, Chapter 274, O.S.L. 2024 (70 O.S. Supp.

11  2024, Section 2605), which relates to student

    agreements; exempting students who are children of

12  certain teachers from financial qualification

    determination; defining term; directing the Oklahoma

13  State Regents for Higher Education to verify certain

    employment status; providing an effective date; and

14  declaring an emergency.

15

16

17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

18  SECTION 1.      AMENDATORY  70 O.S. 2021, Section 2603, as

19 amended by Section 1, Chapter 274, O.S.L. 2024 (70 O.S. Supp. 2024,

20 Section 2603), is amended to read as follows:

21  Section 2603. A. Except as otherwise provided for in

22 subsection B of this section and elsewhere in this section, to be

23 eligible to participate in the Oklahoma Higher Learning Access

24 Program and to qualify for an award which includes payment of an

    Req. No. 10381                                                 Page 1
1 amount equivalent to resident tuition or other tuition pursuant to

2 Section 2604 of this title for the first semester or other academic

3 unit of postsecondary enrollment, a student shall:

4   1. Be a resident of this state or be enrolled in a school

5 district located in this state that serves students who reside in

6 both this state and an adjacent state pursuant to a contract as

7 authorized in Section 5-117.1 of this title;

8   2. Be a United States citizen or lawfully present in the United

9 States. A student who is not a United States citizen or lawfully

10 present in the United States shall not be eligible to participate in

11 the Oklahoma Higher Learning Access Program and to qualify for an

12 award notwithstanding the provisions of Section 3242 of this title.

13 The provisions of this paragraph shall not apply to any student who

14 was enrolled in the Oklahoma Higher Learning Access Program prior to

15 the end of the 2006-2007 school year;

16  3. Have a record of satisfactory compliance with agreements

17 executed pursuant to Section 2605 of this title;

18  4. a. have graduated within the previous three (3) years

19  from a high school accredited by the State Board of

20  Education or the Oklahoma School of Science and

21  Mathematics with a minimum 2.5 cumulative grade point

22  average on a 4.0 scale for all work attempted in

23  grades nine through twelve,

24

    Req. No. 10381                                                 Page 2
1   b. have graduated within the previous three (3) years

2                 from a high school not accredited by the State Board

3                 of Education with a minimum 2.5 cumulative grade point

4                 average on a 4.0 scale for all work attempted in

5                 grades nine through twelve and have achieved a

6                 composite score of 22 or higher on the ACT test, or

7   c. have satisfactorily completed within the previous

8                 three (3) years an educational program that was

9                 provided through a means other than a public or

10                private school and have achieved a composite score of

11                22 or higher on the ACT test;

12  5. Have completed the curricular requirements for admission to

13 an institution within The Oklahoma State System of Higher Education.

14 Students shall also have attained a 2.5 grade point average in the

15 core curriculum courses. Students who attended a high school which

16 did not offer all the core curriculum courses or students who were

17 educated by other means and were not offered all the core curriculum

18 courses shall be allowed to satisfy this curriculum requirement by

19 participating in a program approved by the Oklahoma State Regents

20 for Higher Education for remediation of high school curricular

21 deficiencies;

22  6. Have satisfied admission standards as determined by the

23 Oklahoma State Regents for Higher Education for first-time-entering

24 students for the appropriate type of institution, or, if attending a

    Req. No. 10381                                                  Page 3
1 private institution, have satisfied admission standards as

2 determined by the private institution. No student participating in

3 the Oklahoma Higher Learning Access Program shall be admitted into

4 an institution of higher education by special admission standards;

5   7. Have secured admission to, and enrolled in, an institution

6 which is a member of The Oklahoma State System of Higher Education,

7 a postsecondary vocational-technical program offered by a technology

8 center school that meets the requirements to be eligible for federal

9 student financial aid, or a private institution of higher learning

10 located within this state and accredited pursuant to Section 4103 of

11 this title; and

12  8. a. have established financial need according to the

13  provisions of subsection D of Section 2605 of this

14  title and standards and provisions promulgated by the

15  Oklahoma State Regents for Higher Education,

16  b. if the student was adopted between birth and twelve

17  (12) years of age while in the permanent custody of

18  the Department of Human Services, in the court-ordered

19  custody of a licensed private nonprofit child-placing

20  agency, or federally recognized Indian tribe, as

21  defined by the federal Indian Child Welfare Act, have

22  established financial need according to the provisions

23  of paragraph 1 of subsection E of Section 2605 of this

24

    Req. No. 10381                                            Page 4
1   title and standards and provisions promulgated by the

2   Oklahoma State Regents for Higher Education,

3   c. if the student was adopted between thirteen (13) and

4   seventeen (17) years of age while in the permanent

5   custody of the Department of Human Services, in the

6   court-ordered custody of a licensed private nonprofit

7   child-placing agency, or federally recognized Indian

8   tribe, as defined by the federal Indian Child Welfare

9   Act, have established financial need according to the

10  provisions of paragraph 2 of subsection E of Section

11  2605 of this title and standards and provisions

12  promulgated by the Oklahoma State Regents for Higher

13  Education, or

14  d. if the student was placed in the custody of the

15  Department of Human Services at any time during the

16  eighth, ninth, tenth, or eleventh grades and enrolls

17  in the program no later than his or her official date

18  of high school graduation, have established financial

19  need according to the provisions of paragraph 3 of

20  subsection E of Section 2605 of this title and

21  standards and provisions promulgated by the Oklahoma

22  State Regents for Higher Education, or

23  e. if the student is the child of a certified classroom

24  teacher, as provided for in paragraph 4 of subsection

    Req. No. 10381                                      Page 5
1   E of Section 2605 of this title. For the purposes of

2   this paragraph, "certified classroom teacher" means

3   any certified, full-time teacher who has been employed

4   by a public school district in this state for a

5   minimum of ten (10) years.

6   B. 1. A student shall be eligible to participate in the

7 Oklahoma Higher Learning Access Program and to qualify for an award

8 which includes payment of an amount equivalent to resident tuition

9 or other tuition pursuant to Section 2604 of this title for the

10 first semester or other academic unit of postsecondary enrollment if

11 the student meets all of the following criteria:

12  a. is a child of any person killed after January 1, 2000,

13  in the line of duty in any branch of the United States

14  Armed Forces or who died after January 1, 2000, as a

15  result of an injury sustained while in the line of

16  duty in any branch of the United States Armed Forces

17  and the person who was killed or died filed an

18  individual or joint Oklahoma income tax return for the

19  tax year prior to the year during which the person was

20  killed or died,

21  b. is a resident of this state or is enrolled in a school

22  district located in this state that serves students

23  who reside in both this state and an adjacent state

24

    Req. No. 10381                                                 Page 6
1   pursuant to a contract as authorized in Section 5-

2   117.1 of this title,

3   c. enrolls in an institution within The Oklahoma State

4   System of Higher Education prior to reaching the age

5   of twenty-one (21),

6   d. has satisfied admission standards as determined by the

7   Oklahoma State Regents for Higher Education for first-

8   time-entering students for the appropriate type of

9   institution, or, if attending a private institution,

10  has satisfied admission standards as determined by the

11  private institution. No student participating in the

12  Oklahoma Higher Learning Access Program shall be

13  admitted into an institution of higher education by

14  special admission standards,

15  e. has secured admission to, and enrolled in, an

16  institution which is a member of The Oklahoma State

17  System of Higher Education, a postsecondary

18  vocational-technical program offered by a technology

19  center school that meets the requirements to be

20  eligible for federal student financial aid, or a

21  private institution of higher learning located within

22  this state and accredited pursuant to Section 4103 of

23  this title, and

24

    Req. No. 10381                                    Page 7
1   f. executes an agreement pursuant to subsection C of

2   Section 2605 of this title.

3   2. A student who is eligible to participate in the program

4 pursuant to this subsection shall not be required to meet the

5 eligibility requirements set forth in subsection A of this section.

6   C. To retain eligibility while pursuing the program of higher

7 learning in which enrolled, the student shall:

8   1. Meet the requirements for retention and degree completion as

9 established by the institution in which the student is enrolled;

10  2. Maintain good academic standing and satisfactory academic

11 progress according to standards of the Oklahoma State Regents for

12 Higher Education;

13  3. Maintain satisfactory academic progress as required for

14 eligibility for federal Title IV student financial aid programs.

15 The provisions of this paragraph shall become effective for the

16 2012-2013 school year;

17  4. Comply with the standards related to maintenance of

18 eligibility as promulgated by the Oklahoma State Regents for Higher

19 Education; and

20  5. Refrain from conduct that leads to expulsion or suspension

21 of more than one semester from an institution of higher education.

22 A student who violates the provisions of this paragraph shall

23 permanently lose eligibility for program benefits. The provisions

24 of this paragraph shall become effective January 1, 2008.

    Req. No. 10381                                                  Page 8
1   D. The Oklahoma State Regents for Higher Education and the

2 State Board of Career and Technology Education shall promulgate

3 rules relating to maintenance of eligibility under the Oklahoma

4 Higher Learning Access Act by a student.

5   E. It is the intent of the Legislature that students in the

6 ninth grade for the 1992-93 school year who are determined to be

7 eligible Oklahoma Higher Learning Access students pursuant to the

8 Oklahoma Higher Learning Access Act shall be the first students

9 eligible for benefits from the Oklahoma Higher Learning Access Trust

10 Fund.

11  F. The Oklahoma State Regents for Higher Education are

12 authorized to study, develop, and propose criteria for determining

13 award eligibility based upon the completion of seven semesters of

14 high school coursework by a student.

15  SECTION 2.      AMENDATORY  70 O.S. 2021, Section 2605, as

16 last amended by Section 2, Chapter 274, O.S.L. 2024 (70 O.S. Supp.

17 2024, Section 2605), is amended to read as follows:

18  Section 2605. A. Each school year, every fifth- through

19 eleventh-grade student in the public and private schools of this

20 state and students who are educated by other means and are in the

21 equivalent of the fifth through eleventh grade shall be apprised,

22 together with the parent, custodial parent, or guardian of the

23 student, of the opportunity for access to higher learning under the

24 Oklahoma Higher Learning Access Program. The Oklahoma State Regents

    Req. No. 10381                                                 Page 9
1 for Higher Education and the State Board of Education shall develop,

2 promote, and coordinate a public awareness program to be utilized in

3 making students and parents aware of the Oklahoma Higher Learning

4 Access Program.

5   B. On a form provided by the Oklahoma State Regents for Higher

6 Education, every public school district shall designate at least one

7 Oklahoma Higher Learning Access Program contact person, who shall be

8 a counselor or teacher, at each public school site in this state in

9 which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.

10 When requested by the State Regents, the State Board of Education

11 shall assist the State Regents to ensure the designation of contact

12 persons. Private schools shall also designate at least one school

13 official as a contact person. For students who are educated by

14 other means, a parent or guardian or other person approved by the

15 State Regents shall be designated the contact person.

16  C. 1. Students who qualify on the basis of financial need

17 according to subsection D or E of this section or who meet the

18 eligibility qualification set forth in subparagraph a of paragraph 1

19 of subsection B of Section 2603 of this title prior to entering the

20 eleventh grade or prior to reaching the age of sixteen (16) and the

21 standards and provisions promulgated by the Oklahoma State Regents

22 for Higher Education shall be given the opportunity throughout the

23 eighth-, ninth-, tenth-, and eleventh-grade years, for students

24 enrolled in a public or private school, or between the ages of

    Req. No. 10381                                                 Page 10
1 thirteen (13) and sixteen (16), for students who are educated by

2 other means, to enter into participation in the program by agreeing

3 to, throughout the remainder of their school years or educational

4 program:

5           a. attend school or an educational program regularly and

6           do homework regularly,

7           b. refrain from substance abuse,

8           c. refrain from commission of crimes or delinquent acts,

9           d. have school work and school records reviewed by

10          mentors designated pursuant to the program,

11          e. provide information requested by the Oklahoma State

12          Regents for Higher Education or the State Board of

13          Education, and

14          f. participate in program activities.

15  2. Students who meet the eligibility qualification set forth in

16 subparagraph a of paragraph 1 of subsection B of Section 2603 of

17 this title after completing the eleventh grade or after reaching the

18 age of seventeen (17) shall be given the opportunity prior to

19 reaching the age of twenty-one (21) to enter into participation in

20 the program and shall execute an agreement with provisions as

21 determined by the Oklahoma State Regents for Higher Education.

22  3. The contact person shall maintain the agreements, which

23 shall be executed on forms provided by the Oklahoma State Regents

24 for Higher Education and managed according to regulations

    Req. No. 10381                                                 Page 11
1 promulgated by the Oklahoma State Regents for Higher Education, and

2 the contact person shall monitor compliance of the student with the

3 terms of the agreement. The Oklahoma State Regents for Higher

4 Education are authorized to process student agreements and verify

5 compliance with the agreements. Students failing to comply with the

6 terms of the agreement shall not be eligible for the awards provided

7 in Section 2604 of this title.

8   D. Except as otherwise provided for in subsection E of this

9 section and except for students who qualify pursuant to subsection B

10 of Section 2603 of this title, a student shall not be found to be in

11 financial need for purposes of the Oklahoma Higher Learning Access

12 Program if:

13  1. Beginning with eighth-, ninth-, or tenth-grade students who

14 are enrolled in a public or private school or students between the

15 ages of thirteen (13) and fifteen (15) who are educated by other

16 means who apply for participation in the program in the 2017-2018

17 school year, the federal adjusted gross income of the student's

18 parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;

19  2. Beginning with eighth-, ninth-, tenth-, or eleventh-grade

20 students who are enrolled in a public or private school or students

21 between the ages of thirteen (13) and sixteen (16) who are educated

22 by other means who apply for participation in the program in the

23 2021-2022 school year, the federal adjusted gross income of the

24

    Req. No. 10381                                               Page 12
1 student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per

2 year;

3   3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade

4 students who are enrolled in a public or private school or students

5 between the ages of thirteen (13) and sixteen (16) who are educated

6 by other means who apply for participation in the program in the

7 2022-2023 school year:

8        a. the federal adjusted gross income of the student's

9        parent(s), who have two or fewer dependent children,

10       exceeds Sixty Thousand Dollars ($60,000.00) per year,

11       b. the federal adjusted gross income of the student's

12       parent(s), who have three or four dependent children,

13       exceeds Seventy Thousand Dollars ($70,000.00) per

14       year, or

15       c. the federal adjusted gross income of the student's

16       parent(s), who have five or more dependent children,

17       exceeds Eighty Thousand Dollars ($80,000.00) per year;

18  4. Beginning with the 2018-2019 academic year, prior to

19 receiving any Oklahoma Higher Learning Access Program benefit award

20 for any year during which the student is enrolled in an institution

21 which is a member of The Oklahoma State System of Higher Education,

22 a postsecondary vocational-technical program offered by a technology

23 center school that meets the requirements to be eligible for federal

24 student financial aid, or a private institution of higher learning

    Req. No. 10381                                           Page 13
1 located within this state and accredited pursuant to Section 4103 of

2 this title, the federal adjusted gross income of the student's

3 parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per

4 year.

5   The determination of financial qualification as set forth in

6 this paragraph shall be based on the income of the student, not the

7 income of the parent(s), if a student:

8        a. is determined to be independent of the student's

9        parents for federal financial aid purposes,

10       b. was in the permanent custody of the Department of

11       Human Services at the time the student enrolled in the

12       program, or

13       c. was in the court-ordered custody of a federally

14       recognized Indian tribe, as defined by the federal

15       Indian Child Welfare Act, at the time the student

16       enrolled in the program.

17  The provisions of this paragraph shall apply to any student who

18 has received an Oklahoma Higher Learning Access Program benefit

19 award after the 2017-2018 school year; and

20  5. The Oklahoma State Regents for Higher Education shall review

21 the determination of financial qualification as set forth in

22 paragraphs 1, 2, and 3 of this subsection if the income from taxable

23 and nontaxable sources of the student's parent(s) includes income

24 received from nontaxable military benefits or income received from

    Req. No. 10381                                                Page 14
1 the federal Social Security Administration due to the death or

2 disability of the student's parent(s). If the income from taxable

3 and nontaxable sources of the student's parent(s), excluding income

4 received from nontaxable military benefits or income received from

5 the federal Social Security Administration due to the death or

6 disability of the student's parent(s), does not exceed the

7 limitations set forth by paragraphs 1, 2, and 3 of this subsection,

8 the student shall be determined to have met the financial

9 qualification set forth in paragraphs 1, 2, and 3 of this

10 subsection.

11  E. 1. A student who was adopted between birth and twelve (12)

12 years of age while in the permanent custody of the Department of

13 Human Services, in the court-ordered custody of a licensed private

14 nonprofit child-placing agency, or federally recognized Indian

15 tribe, as defined by the federal Indian Child Welfare Act, shall not

16 be found to be in financial need for purposes of the Oklahoma Higher

17 Learning Access Program if at the time the student begins

18 postsecondary education and prior to receiving any Oklahoma Higher

19 Learning Access Program benefit award, the federal adjusted gross

20 income of the student's parent(s) exceeds One Hundred Fifty Thousand

21 Dollars ($150,000.00) per year. The provisions of this paragraph

22 shall not apply to any student who has received an Oklahoma Higher

23 Learning Access Program benefit award prior to the 2012-2013 school

24 year.

    Req. No. 10381                                                 Page 15
1   2. A student who was adopted between thirteen (13) and

2 seventeen (17) years of age while in the permanent custody of the

3 Department of Human Services, in the court-ordered custody of a

4 licensed private nonprofit child-placing agency, or federally

5 recognized Indian tribe, as defined by the federal Indian Child

6 Welfare Act, shall not be found to be in financial need for purposes

7 of the Oklahoma Higher Learning Access Program if at the time the

8 student begins postsecondary education and prior to receiving any

9 Oklahoma Higher Learning Access Program benefit award, the federal

10 adjusted gross income of the student's parent(s) exceeds Two Hundred

11 Thousand Dollars ($200,000.00) per year. The provisions of this

12 paragraph shall not apply to any student who has received an

13 Oklahoma Higher Learning Access Program benefit award prior to the

14 2012-2013 school year.

15  3. A student who was placed in the custody of the Department of

16 Human Services at any time during the eighth, ninth, tenth, or

17 eleventh grades and enrolls in the program no later than his or her

18 official date of high school graduation shall not be found to be in

19 financial need for purposes of the Oklahoma Higher Learning Access

20 Program if the federal adjusted gross income of the student exceeds

21 Sixty Thousand Dollars ($60,000.00) per year.

22  4. Except for students who qualify pursuant to subsection B of

23 Section 2603 of this title, the determination of financial

24 qualification as set forth in this subsection shall be based on the

    Req. No. 10381                                                 Page 16
1 income of the student, not the income of the parent(s), if the

2 student is determined to be independent of the student's parent(s)

3 for federal financial aid purposes. A determination of financial

4 qualification shall not be required for the student who meets the

5 criteria set forth in this subsection at the time the student

6 applies for participation in the program. The provisions of this

7 paragraph shall not apply to any student who has received an

8 Oklahoma Higher Learning Access Program benefit award prior to the

9 2008-2009 school year.

10  5. a. A determination of financial qualification is not

11  required for a student who is the child of a certified

12  classroom teacher at the time the student applies for

13  participation in the Oklahoma Higher Learning Access

14  Program and prior to receiving any Oklahoma Higher

15  Learning Access Program benefit award for any year

16  during which the student is enrolled in an institution

17  which is a member of The Oklahoma State System of

18  Higher Education, a postsecondary vocational-technical

19  program offered by a technology center school that

20  meets the eligibility requirements for federal student

21  financial aid, or a private institution of higher

22  learning located within this state and accredited

23  pursuant to Section 4103 of this title. The Oklahoma

24  State Regents for Higher Education shall verify the

    Req. No. 10381                                                Page 17
1   full-time employment status of the student's parent(s)

2   prior to the student receiving any Oklahoma Higher

3   Learning Access Program benefit award. The provisions

4   of this paragraph shall apply to eighth-, ninth-, or

5   tenth-grade students who are enrolled in a public or

6   private school or students between the ages of

7   thirteen (13) and fifteen (15) who are educated by

8   other means who apply for participation in the program

9   after the 2023-2024 school year, and

10  b. For the purposes of this paragraph, "certified

11  classroom teacher" means any certified, full-time

12  teacher who has been employed by a public school

13  district in this state for a minimum of ten (10)

14  years. The teacher is not required to have been

15  employed by the same public school district for ten

16  (10) years, and the ten (10) years of employment do

17  not have to be consecutive.

18  F. The financial qualification of a student as set forth in

19 subsections D and E of this section shall be certified by the

20 contact person or by the Oklahoma State Regents for Higher Education

21 on the agreement form provided by the Oklahoma State Regents for

22 Higher Education. The form shall be retained in the permanent

23 record of the student and a copy forwarded to the Oklahoma State

24 Regents for Higher Education.

    Req. No. 10381                                                Page 18
1   G. Agreements shall be witnessed by the parent, custodial

2 parent, or guardian of the student, who shall further agree to:

3   1. Assist the student in achieving compliance with the

4 agreements;

5   2. Confer, when requested to do so, with the school contact

6 person, other school personnel, and program mentors;

7   3. Provide information requested by the Oklahoma State Regents

8 for Higher Education or the State Board of Education; and

9   4. Assist the student in completing forms and reports required

10 for program participation, making applications to institutions and

11 schools of higher learning, and filing applications for student

12 grants and scholarships.

13  H. The Oklahoma State Regents for Higher Education shall

14 promulgate rules for the determination of student compliance with

15 agreements made pursuant to this section.

16  I. The Oklahoma State Regents for Higher Education shall

17 designate personnel to coordinate tracking of program records for

18 the years when students participating in the program are still in

19 the schools or are being educated by other means, provide staff

20 development for contact persons in the schools, and provide liaison

21 with the State Board of Education and local organizations and

22 individuals participating in the program.

23  J. The school district where an Oklahoma Higher Learning Access

24 Program student is enrolled when the student begins participation in

    Req. No. 10381                                                Page 19
1 the program and any subsequent school district where the student

2 enrolls shall forward information regarding participation by the

3 student in the program to a school to which the student transfers

4 upon the request of the school for the records of the student.

5   K. Students participating in the Oklahoma Higher Learning

6 Access Program shall provide their Social Security number or their

7 student identification number used by their school to the Oklahoma

8 State Regents for Higher Education. The Regents shall keep the

9 numbers confidential and use them only for administrative purposes.

10  SECTION 3. This act shall become effective July 1, 2025.

11  SECTION 4. It being immediately necessary for the preservation

12 of the public peace, health or safety, an emergency is hereby

13 declared to exist, by reason whereof this act shall take effect and

14 be in full force from and after its passage and approval.

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    60-1-10381      AQH  12/02/24

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    Req. No. 10381                                                Page 20
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