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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1340 By: Pugh
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5
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Higher Learning
7 Access Program; amending 70 O.S. 2021, Section 2605,
8 as last amended by Section 2, Chapter 485, O.S.L.
8 2025 (70 O.S. Supp. 2025, Section 2605), which
9 relates to student agreements; increasing income
9 eligibility limits beginning in certain school year;
10 increasing income limit to receive any Oklahoma
10 Higher Learning Access Program benefit award
11 beginning in certain academic year; updating
11 statutory references; and providing an effective
12 date.
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13
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
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16 last amended by Section 2, Chapter 485, O.S.L. 2025 (70 O.S. Supp.
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17 2025, Section 2605), is amended to read as follows:
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18 Section 2605. A. Each school year, every fifth- through
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19 eleventh-grade student in the public and private schools of this
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20 state and students who are educated by other means and are in the
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21 equivalent of the fifth through eleventh grade shall be apprised,
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22 together with the parent, custodial parent, or guardian of the
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23 student, of the opportunity for access to higher learning under the
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24 Oklahoma Higher Learning Access Program. The Oklahoma State Regents
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Req. No. 3357 Page 1
1 for Higher Education and the State Board of Education shall develop,
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2 promote, and coordinate a public awareness program to be utilized in
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3 making students and parents aware of the Oklahoma Higher Learning
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4 Access Program.
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5 B. On a form provided by the Oklahoma State Regents for Higher
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6 Education, every public school district shall designate at least one
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7 Oklahoma Higher Learning Access Program contact person, who shall be
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8 a counselor or teacher, at each public school site in this state in
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9 which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
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10 When requested by the State Regents, the State Board of Education
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11 shall assist the State Regents to ensure the designation of contact
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12 persons. Private schools shall also designate at least one school
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13 official as a contact person. For students who are educated by
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14 other means, a parent or guardian or other person approved by the
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15 State Regents shall be designated the contact person.
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16 C. 1. Students who qualify on the basis of financial need
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17 according to subsection D or E of this section or who meet the
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18 eligibility qualification set forth in subparagraph a of paragraph 1
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19 of subsection B of Section 2603 of this title no later than December
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20 31 of their twelfth-grade year or prior to reaching the age of
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21 seventeen (17) and who qualify on the basis of the standards and
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22 provisions promulgated by the Oklahoma State Regents for Higher
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23 Education shall be given the opportunity throughout the eighth-,
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24 ninth-, tenth-, and eleventh-grade years and no later than December
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Req. No. 3357 Page 2
1 31 of the twelfth-grade year, for students enrolled in a public or
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2 private school, or between the ages of thirteen (13) and seventeen
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3 (17), for students who are educated by other means, to enter into
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4 participation in the program by agreeing to, throughout the
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5 remainder of their school years or educational program:
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6 a. attend school or an educational program regularly and
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7 do homework regularly,
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8 b. refrain from substance abuse,
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9 c. refrain from commission of crimes or delinquent acts,
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10 d. have school work and school records reviewed by
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11 mentors designated pursuant to the program,
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12 e. provide information requested by the Oklahoma State
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13 Regents for Higher Education or the State Board of
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14 Education, and
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15 f. participate in program activities.
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16 2. Students who meet the eligibility qualification set forth in
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17 subparagraph a of paragraph 1 of subsection B of Section 2603 of
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18 this title after December 31 of their twelfth-grade year or after
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19 reaching the age of eighteen (18) shall be given the opportunity
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20 prior to reaching the age of twenty-one (21) to enter into
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21 participation in the program and shall execute an agreement with
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22 provisions as determined by the Oklahoma State Regents for Higher
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23 Education.
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1 3. The contact person shall maintain the agreements, which
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2 shall be executed on forms provided by the Oklahoma State Regents
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3 for Higher Education and managed according to regulations
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4 promulgated by the Oklahoma State Regents for Higher Education, and
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5 the contact person shall monitor compliance of the student with the
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6 terms of the agreement. The Oklahoma State Regents for Higher
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7 Education are authorized to process student agreements and verify
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8 compliance with the agreements. Students failing to comply with the
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9 terms of the agreement shall not be eligible for the awards provided
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10 in Section 2604 of this title.
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11 4. The Oklahoma State Regents for Higher Education may provide
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12 an exception to the age limits provided for in paragraphs 1 and 2 of
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13 this subsection pursuant to subsection L of this section.
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14 5. Notwithstanding the provisions of Sections 5-132 and 5-132.1
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15 of this title, a student who is age twenty-one (21) or older shall
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16 not be eligible to enter into participation in the program.
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17 D. Except as otherwise provided for in subsection E of this
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18 section and except for students who qualify pursuant to subsection B
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19 of Section 2603 of this title, a student shall not be found to be in
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20 financial need for purposes of the Oklahoma Higher Learning Access
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21 Program if:
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22 1. Beginning with eighth-, ninth-, or tenth-grade students who
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23 are enrolled in a public or private school or students between the
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24 ages of thirteen (13) and fifteen (15) who are educated by other
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Req. No. 3357 Page 4
1 means who apply for participation in the program in the 2017-2018
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2 school year, the federal adjusted gross income of the student's
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3 parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
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4 2. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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5 students who are enrolled in a public or private school or students
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6 between the ages of thirteen (13) and sixteen (16) who are educated
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7 by other means who apply for participation in the program in the
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8 2021-2022 school year, the federal adjusted gross income of the
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9 student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
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10 year;
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11 3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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12 students who are enrolled in a public or private school or students
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13 between the ages of thirteen (13) and sixteen (16) who are educated
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14 by other means who apply for participation in the program in the
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15 2022-2023 school year:
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16 a. the federal adjusted gross income of the student's
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17 parent(s), who have two or fewer dependent children,
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18 exceeds Sixty Thousand Dollars ($60,000.00) per year,
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19 b. the federal adjusted gross income of the student's
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20 parent(s), who have three or four dependent children,
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21 exceeds Seventy Thousand Dollars ($70,000.00) per
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22 year, or
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1 c. the federal adjusted gross income of the student's
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2 parent(s), who have five or more dependent children,
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3 exceeds Eighty Thousand Dollars ($80,000.00) per year;
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4 4. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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5 students or twelfth-grade students no later than December 31 of
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6 their twelfth-grade year who are enrolled in a public or private
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7 school or students between the ages of thirteen (13) and seventeen
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8 (17) who are educated by other means who apply for participation in
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9 the program in the 2025-2026 school year:
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10 a. the federal adjusted gross income of the student's
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11 parent(s), who have two or fewer dependent children,
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12 exceeds Sixty Thousand Dollars ($60,000.00) per year,
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13 b. the federal adjusted gross income of the student's
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14 parent(s), who have three or four dependent children,
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15 exceeds Seventy Thousand Dollars ($70,000.00) per
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16 year, or
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17 c. the federal adjusted gross income of the student's
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18 parent(s), who have five or more dependent children,
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19 exceeds Eighty Thousand Dollars ($80,000.00) per year;
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20 5. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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21 students or twelfth-grade students no later than December 31 of
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22 their twelfth grade year who are enrolled in a public or private
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23 school or students between the ages of thirteen (13) and seventeen
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1 (17) who are educated by other means who apply for participation in
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2 the program in the 2027-2028 school year:
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3 a. the federal adjusted gross income of the student's
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4 parent(s), who have two or fewer dependent children,
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5 exceeds One Hundred Thousand Dollars ($100,000.00) per
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6 year,
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7 b. the federal adjusted gross income of the student's
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8 parent(s), who have three or four dependent children,
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9 exceeds One Hundred Ten Thousand Dollars ($110,000.00)
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10 per year, or
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11 c. the federal adjusted gross income of the student's
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12 parent(s), who have five or more dependent children,
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13 exceeds One Hundred Twenty Thousand Dollars
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14 ($120,000.00) per year;
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15 6. Beginning with the 2018-2019 2027-2028 academic year, prior
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16 to receiving any Oklahoma Higher Learning Access Program benefit
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17 award for any year during which the student is enrolled in an
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18 institution which that is a member of The Oklahoma State System of
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19 Higher Education, a postsecondary vocational-technical program
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20 offered by a technology center school that meets the requirements to
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21 be eligible for federal student financial aid, or a private
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22 institution of higher learning located within this state and
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23 accredited pursuant to Section 4103 of this title, the federal
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24 adjusted gross income of the student's parent(s) exceeds One Hundred
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1 Thousand Dollars ($100,000.00) One Hundred Thirty Thousand Dollars
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2 ($130,000.00) per year.
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3 The determination of financial qualification as set forth in
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4 this paragraph shall be based on the income of the student, not the
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5 income of the parent(s), if a student:
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6 a. is determined to be independent of the student's
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7 parents for federal financial aid purposes,
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8 b. was in the permanent custody of the Department of
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9 Human Services at the time the student enrolled in the
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10 program, or
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11 c. was in the court-ordered custody of a federally
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12 recognized Indian tribe, as defined by the federal
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13 Indian Child Welfare Act of 1978, at the time the
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14 student enrolled in the program.
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15 The provisions of this paragraph shall apply to any student who
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16 has received an Oklahoma Higher Learning Access Program benefit
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17 award after the 2017-2018 school year; and
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18 6. 7. The Oklahoma State Regents for Higher Education shall
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19 review the determination of financial qualification as set forth in
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20 paragraphs 1, 2, 3, and 4, and 5 of this subsection if the income
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21 from taxable and nontaxable sources of the student's parent(s)
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22 includes income received from nontaxable military benefits or income
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23 received from the federal Social Security Administration due to the
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24 death or disability of the student's parent(s). If the income from
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Req. No. 3357 Page 8
1 taxable and nontaxable sources of the student's parent(s), excluding
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2 income received from nontaxable military benefits or income received
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3 from the federal Social Security Administration due to the death or
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4 disability of the student's parent(s), does not exceed the
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5 limitations set forth by paragraphs 1, 2, 3, and 4, and 5 of this
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6 subsection, the student shall be determined to have met the
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7 financial qualification set forth in paragraphs 1, 2, 3, and 4, and
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8 5 of this subsection.
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9 E. 1. A student who was adopted between birth and twelve (12)
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10 years of age while in the permanent custody of the Department of
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11 Human Services, in the court-ordered custody of a licensed private
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12 nonprofit child-placing agency, or federally recognized Indian
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13 tribe, as defined by the federal Indian Child Welfare Act of 1978,
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14 shall not be found to be in financial need for purposes of the
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15 Oklahoma Higher Learning Access Program if at the time the student
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16 begins postsecondary education and prior to receiving any Oklahoma
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17 Higher Learning Access Program benefit award, the federal adjusted
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18 gross income of the student's parent(s) exceeds One Hundred Fifty
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19 Thousand Dollars ($150,000.00) per year. The provisions of this
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20 paragraph shall not apply to any student who has received an
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21 Oklahoma Higher Learning Access Program benefit award prior to the
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22 2012-2013 school year.
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23 2. A student who was adopted between thirteen (13) and
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24 seventeen (17) years of age while in the permanent custody of the
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Req. No. 3357 Page 9
1 Department of Human Services, in the court-ordered custody of a
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2 licensed private nonprofit child-placing agency, or federally
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3 recognized Indian tribe, as defined by the federal Indian Child
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4 Welfare Act of 1978, shall not be found to be in financial need for
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5 purposes of the Oklahoma Higher Learning Access Program if at the
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6 time the student begins postsecondary education and prior to
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7 receiving any Oklahoma Higher Learning Access Program benefit award,
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8 the federal adjusted gross income of the student's parent(s) exceeds
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9 Two Hundred Thousand Dollars ($200,000.00) per year. The provisions
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10 of this paragraph shall not apply to any student who has received an
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11 Oklahoma Higher Learning Access Program benefit award prior to the
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12 2012-2013 school year.
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13 3. A student who was placed in the custody of the Department of
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14 Human Services at any time during the eighth, ninth, tenth, or
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15 eleventh grade and enrolls in the program no later than his or her
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16 official date of high school graduation shall not be found to be in
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17 financial need for purposes of the Oklahoma Higher Learning Access
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18 Program if the federal adjusted gross income of the student exceeds
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19 Sixty Thousand Dollars ($60,000.00) per year.
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20 4. Except for students who qualify pursuant to subsection B of
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21 Section 2603 of this title, the determination of financial
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22 qualification as set forth in this subsection shall be based on the
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23 income of the student, not the income of the parent(s), if the
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24 student is determined to be independent of the student's parent(s)
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Req. No. 3357 Page 10
1 for federal financial aid purposes. A determination of financial
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2 qualification shall not be required for the student who meets the
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3 criteria set forth in this subsection at the time the student
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4 applies for participation in the program. The provisions of this
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5 paragraph shall not apply to any student who has received an
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6 Oklahoma Higher Learning Access Program benefit award prior to the
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7 2008-2009 school year.
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8 5. a. A student who is the child of a certified classroom
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9 teacher at the time the student applies for
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10 participation in the Oklahoma Higher Learning Access
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11 Program shall not be found to be in financial need for
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12 the purposes of the Oklahoma Higher Learning Access
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13 Program if, beginning with eighth-, ninth-, tenth-, or
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14 eleventh-grade students or twelfth-grade students no
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15 later than December 31 of their twelfth-grade year who
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16 are enrolled in a public or private school or students
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17 between thirteen (13) and seventeen (17) years of age
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18 who are educated by other means who apply for
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19 participation in the program in the 2025-2026 school
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20 year, the household income of the student's parent(s)
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21 is equal to or greater than seven hundred percent
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22 (700%) of the federal poverty level (FPL).
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23 b. Prior to receiving any Oklahoma Higher Learning Access
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24 Program benefit award for any year during which the
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Req. No. 3357 Page 11
1 student is enrolled in an institution that is a member
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2 of The Oklahoma State System of Higher Education, a
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3 postsecondary vocational-technical program offered by
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4 a technology center school that meets the eligibility
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5 requirements for federal student financial aid, or a
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6 private institution of higher learning located within
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7 this state and accredited pursuant to Section 4103 of
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8 this title, the household income of the parent(s) of a
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9 student who qualifies pursuant to this paragraph shall
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10 not be equal to or greater than seven hundred percent
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11 (700%) of the federal poverty level (FPL).
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12 c. The Oklahoma State Regents for Higher Education shall
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13 verify the full-time employment status of the
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14 student's parent(s) prior to a student who qualifies
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15 pursuant to this paragraph receiving any Oklahoma
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16 Higher Learning Access Program benefit award.
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17 d. For the purposes of this paragraph, "certified
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18 classroom teacher" means a certified, full-time
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19 classroom teacher who has been employed as a teacher
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20 in a public school district classroom in this state
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21 for a minimum of ten (10) years prior to his or her
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22 child applying for participation in the program. The
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23 teacher is not required to have been employed by the
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24 same public school district for ten (10) consecutive
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1 years. Certified classroom teacher does not mean a
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2 certified teacher who is employed as a school district
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3 superintendent, principal, or any other position
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4 within the administration of a public school district
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5 when his or her child applies for participation in the
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6 program or prior to his or her child receiving any
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7 Oklahoma Higher Learning Access Program benefit award.
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8 F. The financial qualification of a student as set forth in
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9 subsections D and E of this section shall be certified by the
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10 contact person or by the Oklahoma State Regents for Higher Education
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11 on the agreement form provided by the Oklahoma State Regents for
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12 Higher Education. The form shall be retained in the permanent
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13 record of the student and a copy forwarded to the Oklahoma State
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14 Regents for Higher Education.
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15 G. Agreements shall be witnessed by the parent, custodial
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16 parent, or guardian of the student, who shall further agree to:
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17 1. Assist the student in achieving compliance with the
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18 agreements;
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19 2. Confer, when requested to do so, with the school contact
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20 person, other school personnel, and program mentors;
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21 3. Provide information requested by the Oklahoma State Regents
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22 for Higher Education or the State Board of Education; and
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23 4. Assist the student in completing forms and reports required
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24 for program participation, making applications to institutions and
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1 schools of higher learning, and filing applications for student
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2 grants and scholarships.
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3 H. The Oklahoma State Regents for Higher Education shall
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4 promulgate rules for the determination of student compliance with
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5 agreements made pursuant to this section.
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6 I. The Oklahoma State Regents for Higher Education shall
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7 designate personnel to coordinate tracking of program records for
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8 the years when students participating in the program are still in
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9 the schools or are being educated by other means, provide staff
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10 development for contact persons in the schools, and provide liaison
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11 with the State Board of Education and local organizations and
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12 individuals participating in the program.
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13 J. The school district where an Oklahoma Higher Learning Access
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14 Program student is enrolled when the student begins participation in
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15 the program and any subsequent school district where the student
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16 enrolls shall forward information regarding participation by the
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17 student in the program to a school to which the student transfers
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18 upon the request of the school for the records of the student.
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19 K. Students participating in the Oklahoma Higher Learning
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20 Access Program shall provide their Social Security number or their
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21 student identification number used by their school to the Oklahoma
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22 State Regents for Higher Education. The State Regents shall keep
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23 the numbers confidential and use them only for administrative
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24 purposes.
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1 L. The State Regents may provide an exception to the age limits
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2 provided for in paragraphs 1 and 2 of subsection C of this section
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3 to a student due to hardship circumstances and allow an application
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4 to the Oklahoma Higher Learning Access Program for twelfth-grade
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5 students enrolled in a public or private school and students who are
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6 educated by other means and are in the equivalent of twelfth grade.
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7 Provided, however, the exception due to hardship circumstances shall
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8 not apply to:
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9 1. A student enrolled in a public or private school after the
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10 student's official date of high school graduation;
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11 2. A student educated by other means who is age nineteen (19)
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12 or older; or
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13 3. Any student who is age twenty-one (21) or older.
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14 The Oklahoma State Regents for Higher Education shall promulgate
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15 rules to implement the provisions of this subsection.
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16 SECTION 2. This act shall become effective November 1, 2026.
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18 60-2-3357 EB 12/30/2025 9:11:31 AM
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