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Oklahoma Legislature· HB 3493Second Reading referred to Rules

An act relating to higher education, the official text

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1                           STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3493                  By: Eaves

4

5

6                           AS INTRODUCED

7   An Act relating to higher education; amending 70 O.S.

    2021, Section 3242, which relates to eligibility for

8   resident tuition; removing option to file application

    or affidavit to receive resident tuition; amending 70

9   O.S. 2021, Section 3242.2, which relates to

    eligibility for postsecondary education benefits and

10  resident tuition; removing certain reference;

    requiring documentation of United State nationality

11  or status as an alien lawfully present in the United

    States to receive certain public funds for higher

12  education tuition; providing for codification;

    providing an effective date; and declaring an

13  emergency.

14

15

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

17  SECTION 1.      AMENDATORY     70 O.S. 2021, Section 3242,

18 is amended to read as follows:

19  Section 3242. A. The Oklahoma State Regents for Higher

20 Education may adopt a policy which allows a student to enroll

21 in an institution within The Oklahoma State System of Higher

22 Education and allows a student to be eligible for resident

23 tuition if the student:

24

    Req. No. 13871                                                Page 1
1       1. Graduated from a public or private high school in this

2 state; and

3       2. Resided in this state with a parent or legal guardian while

4 attending classes at a public or private high school in this state

5 for at least two (2) years prior to graduation.

6       B. To be eligible for the provisions of subsection A of this

7 section, an eligible student shall:

8       1. Satisfy admission standards as determined by the Oklahoma

9 State Regents for Higher Education for the appropriate type of

10 institution and have secured admission to, and enrolled in, an

11 institution within The Oklahoma State System of Higher Education;

12 and

13      2. If the student cannot present Present to the institution

14 valid documentation of United States nationality or an immigration

15 status permitting study at a postsecondary institution: of status as

16 an alien lawfully present in the United States.

17      a. provide to the institution a copy of a true and

18            correct application or petition filed with the United

19            States Citizenship and Immigration Services to

20            legalize the student's immigration status, or

21      b. file an affidavit with the institution stating that

22            the student will file an application to legalize his

23            or her immigration status at the earliest opportunity

24

    Req. No. 13871                                                 Page 2
1   the student is eligible to do so, but in no case later

2   than:

3   (1) one (1) year after the date on which the student

4                   enrolls for study at the institution, or

5   (2) if there is no formal process to permit children

6                   of parents without lawful immigration status to

7                   apply for lawful status without risk of

8                   deportation, one (1) year after the date the

9                   United States Citizenship and Immigration

10                  Services provide such a formal process, and

11  c. if the student files an affidavit pursuant to

12  subparagraph b of this paragraph, present to the

13  institution a copy of a true and correct application

14  or petition filed with the United States Citizenship

15  and Immigration Services no later than:

16  (1) one (1) year after the date on which the student

17                  enrolls for study at the institution, or

18  (2) if there is no formal process to permit children

19                  of parents without lawful immigration status to

20                  apply for lawful status without risk of

21                  deportation, one (1) year after the date the

22                  United States Citizenship and Immigration

23                  Services provide such a formal process, which

24

    Req. No. 13871                                                Page 3
1                   copy shall be maintained in the institution's

2                   records for that student.

3   C. Any student who completes the required criteria prescribed

4 in subsection A of this section, paragraph 1 of subsection B of this

5 section, and subparagraph a of paragraph 2 of subsection B of this

6 section shall not be disqualified on the basis of the student's

7 immigration status from any scholarships or financial aid provided

8 by this state.

9   D. The provisions of this section shall not impose any

10 additional conditions to maintain resident tuition status at a

11 postsecondary educational institution within The Oklahoma State

12 System of Higher Education on a student who was enrolled in a degree

13 program and first received such resident tuition status at that

14 institution during the 2006-2007 school year or any prior year.

15  SECTION 2.      AMENDATORY  70 O.S. 2021, Section 3242.2, is

16 amended to read as follows:

17  Section 3242.2. A. Except as otherwise provided in Section

18 3242 of Title 70 of the Oklahoma Statutes, an An individual who is

19 not lawfully present in the United States shall not be eligible on

20 the basis of residence within the state for:

21  1. Any postsecondary education benefit, including, but not

22 limited to, scholarships or financial aid; or

23  2. Resident tuition.

24

    Req. No. 13871                                                  Page 4
1   B. The provisions of subsection A of this section shall not

2 apply to a student enrolled in a degree program at a postsecondary

3 educational institution within The Oklahoma State System of Higher

4 Education during the 2006-2007 school year or any prior year who

5 received a resident tuition benefit pursuant to Section 3242 of

6 Title 70 of the Oklahoma Statutes at that institution.

7   SECTION 3.      NEW LAW       A new section of law to be codified

8 in the Oklahoma Statutes as Section 3242.4 of Title 70, unless there

9 is created a duplication in numbering, reads as follows:

10  To be eligible for any grant, scholarship, stipends, subsidies,

11 or reduction to tuition or fees funded, in whole or part, by

12 taxpayer dollars through local, state, or federal monies at any

13 state educational institution within The Oklahoma State System of

14 Higher Education, a student shall present to the institution valid

15 documentation of United States nationality or as an alien lawfully

16 present in the United States.

17  SECTION 4. This act shall become effective July 1, 2026.

18  SECTION 5. It being immediately necessary for the preservation

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

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

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

22

23  60-2-13871      AQH      09/24/25

24

    Req. No. 13871                                                  Page 5
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