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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 140 By: Seifried
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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 274, O.S.L.
8 2024 (70 O.S. Supp. 2024, Section 2605), which
9 relates to student agreements; extending time period
9 for eligible students to enter into an agreement to
10 participate in the program; allowing the Oklahoma
10 State Regents for Higher Education to provide an
11 exception to certain age limits; prohibiting students
11 who are certain age or older from being eligible to
12 enter into participation; providing income
12 eligibility for certain students who apply for
13 participation beginning in certain school year;
13 updating statutory references; allowing the State
14 Regents to provide an exception to certain age limits
14 under certain circumstances; providing for
15 promulgation of rules; updating statutory language;
15 providing an effective date; and declaring an
16 emergency.
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17
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
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20 last amended by Section 2, Chapter 274, O.S.L. 2024 (70 O.S. Supp.
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21 2024, Section 2605), is amended to read as follows:
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22 Section 2605. A. Each school year, every fifth- through
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23 eleventh-grade student in the public and private schools of this
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24 state and students who are educated by other means and are in the
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Req. No. 285 Page 1
1 equivalent of the fifth through eleventh grade shall be apprised,
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2 together with the parent, custodial parent, or guardian of the
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3 student, of the opportunity for access to higher learning under the
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4 Oklahoma Higher Learning Access Program. The Oklahoma State Regents
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5 for Higher Education and the State Board of Education shall develop,
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6 promote, and coordinate a public awareness program to be utilized in
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7 making students and parents aware of the Oklahoma Higher Learning
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8 Access Program.
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9 B. On a form provided by the Oklahoma State Regents for Higher
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10 Education, every public school district shall designate at least one
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11 Oklahoma Higher Learning Access Program contact person, who shall be
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12 a counselor or teacher, at each public school site in this state in
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13 which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
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14 When requested by the State Regents, the State Board of Education
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15 shall assist the State Regents to ensure the designation of contact
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16 persons. Private schools shall also designate at least one school
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17 official as a contact person. For students who are educated by
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18 other means, a parent or guardian or other person approved by the
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19 State Regents shall be designated the contact person.
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20 C. 1. Students who qualify on the basis of financial need
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21 according to subsection D or E of this section or who meet the
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22 eligibility qualification set forth in subparagraph a of paragraph 1
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23 of subsection B of Section 2603 of this title prior to entering the
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24 eleventh grade no later than December 31 of their twelfth-grade year
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Req. No. 285 Page 2
1 or prior to reaching the age of sixteen (16) seventeen (17) and who
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2 qualify on the basis of the standards and provisions promulgated by
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3 the Oklahoma State Regents for Higher Education shall be given the
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4 opportunity throughout the eighth-, ninth-, tenth-, and eleventh-
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5 grade years, and no later than December 31 of the twelfth-grade
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6 year, for students enrolled in a public or private school, or
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7 between the ages of thirteen (13) and sixteen (16) seventeen (17),
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8 for students who are educated by other means, to enter into
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9 participation in the program by agreeing to, throughout the
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10 remainder of their school years or educational program:
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11 a. attend school or an educational program regularly and
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12 do homework regularly,
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13 b. refrain from substance abuse,
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14 c. refrain from commission of crimes or delinquent acts,
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15 d. have school work and school records reviewed by
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16 mentors designated pursuant to the program,
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17 e. provide information requested by the Oklahoma State
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18 Regents for Higher Education or the State Board of
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19 Education, and
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20 f. participate in program activities.
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21 2. Students who meet the eligibility qualification set forth in
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22 subparagraph a of paragraph 1 of subsection B of Section 2603 of
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23 this title after completing the eleventh grade December 31 of their
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24 twelfth-grade year or after reaching the age of seventeen (17)
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Req. No. 285 Page 3
1 eighteen (18) shall be given the opportunity prior to reaching the
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2 age of twenty-one (21) to enter into participation in the program
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3 and shall execute an agreement with provisions as determined by the
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4 Oklahoma State Regents for Higher Education.
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5 3. The contact person shall maintain the agreements, which
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6 shall be executed on forms provided by the Oklahoma State Regents
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7 for Higher Education and managed according to regulations
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8 promulgated by the Oklahoma State Regents for Higher Education, and
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9 the contact person shall monitor compliance of the student with the
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10 terms of the agreement. The Oklahoma State Regents for Higher
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11 Education are authorized to process student agreements and verify
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12 compliance with the agreements. Students failing to comply with the
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13 terms of the agreement shall not be eligible for the awards provided
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14 in Section 2604 of this title.
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15 4. The Oklahoma State Regents for Higher Education may provide
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16 an exception to the age limits provided for in paragraphs 1 and 2 of
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17 this subsection pursuant to subsection L of this section.
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18 5. Notwithstanding the provisions of Sections 5-132 and 5-132.1
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19 of this title, a student who is age twenty-one (21) or older shall
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20 not be eligible to enter into participation in the program.
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21 D. Except as otherwise provided for in subsection E of this
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22 section and except for students who qualify pursuant to subsection B
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23 of Section 2603 of this title, a student shall not be found to be in
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1 financial need for purposes of the Oklahoma Higher Learning Access
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2 Program if:
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3 1. Beginning with eighth-, ninth-, or tenth-grade students who
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4 are enrolled in a public or private school or students between the
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5 ages of thirteen (13) and fifteen (15) who are educated by other
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6 means who apply for participation in the program in the 2017-2018
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7 school year, the federal adjusted gross income of the student's
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8 parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
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9 2. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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10 students who are enrolled in a public or private school or students
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11 between the ages of thirteen (13) and sixteen (16) who are educated
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12 by other means who apply for participation in the program in the
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13 2021-2022 school year, the federal adjusted gross income of the
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14 student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
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15 year;
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16 3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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17 students who are enrolled in a public or private school or students
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18 between the ages of thirteen (13) and sixteen (16) who are educated
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19 by other means who apply for participation in the program in the
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20 2022-2023 school year:
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21 a. the federal adjusted gross income of the student's
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22 parent(s), who have two or fewer dependent children,
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23 exceeds Sixty Thousand Dollars ($60,000.00) per year,
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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 or four dependent children,
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3 exceeds Seventy Thousand Dollars ($70,000.00) per
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4 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 or more dependent children,
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7 exceeds Eighty Thousand Dollars ($80,000.00) per year;
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8 4. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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9 students or twelfth-grade students no later than December 31 of
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10 their twelfth-grade year who are enrolled in a public or private
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11 school or students between the ages of thirteen (13) and seventeen
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12 (17) who are educated by other means who apply for participation in
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13 the program in the 2025-2026 school year:
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14 a. the federal adjusted gross income of the student's
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15 parent(s), who have two or fewer dependent children,
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16 exceeds Sixty Thousand Dollars ($60,000.00) per year,
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17 b. the federal adjusted gross income of the student's
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18 parent(s), who have three or four dependent children,
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19 exceeds Seventy Thousand Dollars ($70,000.00) per
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20 year, or
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21 c. the federal adjusted gross income of the student's
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22 parent(s), who have five or more dependent children,
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23 exceeds Eighty Thousand Dollars ($80,000.00) per year;
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1 5. Beginning with the 2018-2019 academic year, prior to
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2 receiving any Oklahoma Higher Learning Access Program benefit award
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3 for any year during which the student is enrolled in an institution
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4 which is a member of The Oklahoma State System of Higher Education,
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5 a postsecondary vocational-technical program offered by a technology
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6 center school that meets the requirements to be eligible for federal
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7 student financial aid, or a private institution of higher learning
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8 located within this state and accredited pursuant to Section 4103 of
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9 this title, the federal adjusted gross income of the student's
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10 parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
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11 year.
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12 The determination of financial qualification as set forth in
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13 this paragraph shall be based on the income of the student, not the
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14 income of the parent(s), if a student:
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15 a. is determined to be independent of the student's
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16 parents for federal financial aid purposes,
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17 b. was in the permanent custody of the Department of
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18 Human Services at the time the student enrolled in the
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19 program, or
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20 c. was in the court-ordered custody of a federally
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21 recognized Indian tribe, as defined by the federal
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22 Indian Child Welfare Act of 1978, at the time the
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23 student enrolled in the program.
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1 The provisions of this paragraph shall apply to any student who
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2 has received an Oklahoma Higher Learning Access Program benefit
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3 award after the 2017-2018 school year; and
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4 5. 6. The Oklahoma State Regents for Higher Education shall
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5 review the determination of financial qualification as set forth in
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6 paragraphs 1, 2, and 3, and 4 of this subsection if the income from
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7 taxable and nontaxable sources of the student's parent(s) includes
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8 income received from nontaxable military benefits or income received
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9 from the federal Social Security Administration due to the death or
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10 disability of the student's parent(s). If the income from taxable
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11 and nontaxable sources of the student's parent(s), excluding income
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12 received from nontaxable military benefits or income received from
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13 the federal Social Security Administration due to the death or
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14 disability of the student's parent(s), does not exceed the
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15 limitations set forth by paragraphs 1, 2, and 3, and 4 of this
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16 subsection, the student shall be determined to have met the
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17 financial qualification set forth in paragraphs 1, 2, and 3, and 4
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18 of this subsection.
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19 E. 1. A student who was adopted between birth and twelve (12)
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20 years of age while in the permanent custody of the Department of
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21 Human Services, in the court-ordered custody of a licensed private
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22 nonprofit child-placing agency, or federally recognized Indian
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23 tribe, as defined by the federal Indian Child Welfare Act of 1978,
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24 shall not be found to be in financial need for purposes of the
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Req. No. 285 Page 8
1 Oklahoma Higher Learning Access Program if at the time the student
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2 begins postsecondary education and prior to receiving any Oklahoma
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3 Higher Learning Access Program benefit award, the federal adjusted
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4 gross income of the student's parent(s) exceeds One Hundred Fifty
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5 Thousand Dollars ($150,000.00) per year. The provisions of this
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6 paragraph shall not apply to any student who has received an
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7 Oklahoma Higher Learning Access Program benefit award prior to the
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8 2012-2013 school year.
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9 2. A student who was adopted between thirteen (13) and
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10 seventeen (17) years of age while in the permanent custody of the
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11 Department of Human Services, in the court-ordered custody of a
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12 licensed private nonprofit child-placing agency, or federally
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13 recognized Indian tribe, as defined by the federal Indian Child
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14 Welfare Act of 1978, shall not be found to be in financial need for
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15 purposes of the Oklahoma Higher Learning Access Program if at the
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16 time the student begins postsecondary education and prior to
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17 receiving any Oklahoma Higher Learning Access Program benefit award,
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18 the federal adjusted gross income of the student's parent(s) exceeds
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19 Two Hundred Thousand Dollars ($200,000.00) per year. The provisions
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20 of this 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 3. A student who was placed in the custody of the Department of
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24 Human Services at any time during the eighth, ninth, tenth, or
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Req. No. 285 Page 9
1 eleventh grades and enrolls in the program no later than his or her
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2 official date of high school graduation shall not be found to be in
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3 financial need for purposes of the Oklahoma Higher Learning Access
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4 Program if the federal adjusted gross income of the student exceeds
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5 Sixty Thousand Dollars ($60,000.00) per year.
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6 4. Except for students who qualify pursuant to subsection B of
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7 Section 2603 of this title, the determination of financial
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8 qualification as set forth in this subsection shall be based on the
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9 income of the student, not the income of the parent(s), if the
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10 student is determined to be independent of the student's parent(s)
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11 for federal financial aid purposes. A determination of financial
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12 qualification shall not be required for the student who meets the
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13 criteria set forth in this subsection at the time the student
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14 applies for participation in the program. The provisions of this
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15 paragraph shall not apply to any student who has received an
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16 Oklahoma Higher Learning Access Program benefit award prior to the
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17 2008-2009 school year.
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18 F. The financial qualification of a student as set forth in
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19 subsections D and E of this section shall be certified by the
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20 contact person or by the Oklahoma State Regents for Higher Education
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21 on the agreement form provided by the Oklahoma State Regents for
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22 Higher Education. The form shall be retained in the permanent
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23 record of the student and a copy forwarded to the Oklahoma State
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24 Regents for Higher Education.
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Req. No. 285 Page 10
1 G. Agreements shall be witnessed by the parent, custodial
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2 parent, or guardian of the student, who shall further agree to:
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3 1. Assist the student in achieving compliance with the
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4 agreements;
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5 2. Confer, when requested to do so, with the school contact
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6 person, other school personnel, and program mentors;
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7 3. Provide information requested by the Oklahoma State Regents
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8 for Higher Education or the State Board of Education; and
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9 4. Assist the student in completing forms and reports required
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10 for program participation, making applications to institutions and
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11 schools of higher learning, and filing applications for student
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12 grants and scholarships.
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13 H. The Oklahoma State Regents for Higher Education shall
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14 promulgate rules for the determination of student compliance with
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15 agreements made pursuant to this section.
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16 I. The Oklahoma State Regents for Higher Education shall
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17 designate personnel to coordinate tracking of program records for
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18 the years when students participating in the program are still in
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19 the schools or are being educated by other means, provide staff
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20 development for contact persons in the schools, and provide liaison
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21 with the State Board of Education and local organizations and
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22 individuals participating in the program.
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23 J. The school district where an Oklahoma Higher Learning Access
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24 Program student is enrolled when the student begins participation in
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Req. No. 285 Page 11
1 the program and any subsequent school district where the student
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2 enrolls shall forward information regarding participation by the
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3 student in the program to a school to which the student transfers
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4 upon the request of the school for the records of the student.
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5 K. Students participating in the Oklahoma Higher Learning
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6 Access Program shall provide their Social Security number or their
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7 student identification number used by their school to the Oklahoma
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8 State Regents for Higher Education. The State Regents shall keep
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9 the numbers confidential and use them only for administrative
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10 purposes.
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11 L. The State Regents may provide an exception to the age limits
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12 provided for in paragraphs 1 and 2 of subsection C of this section
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13 to a student due to hardship circumstances and allow an application
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14 to the Oklahoma Higher Learning Access Program for twelfth-grade
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15 students enrolled in a public or private school and students who are
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16 educated by other means and are in the equivalent of twelfth grade.
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17 Provided, however, the exception due to hardship circumstances shall
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18 not apply to:
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19 1. A student enrolled in a public or private school after the
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20 student's official date of high school graduation;
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21 2. A student educated by other means who is age nineteen (19)
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22 or older; or
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23 3. Any student who is age twenty-one (21) or older.
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1 The Oklahoma State Regents for Higher Education shall promulgate
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2 rules to implement the provisions of this subsection.
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3 SECTION 2. This act shall become effective July 1, 2025.
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4 SECTION 3. It being immediately necessary for the preservation
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5 of the public peace, health, or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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Req. No. 285 Page 13Every fact on this page links to its source, starting with the official bill record.