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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 406 By: Brooks
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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 public awareness for the program;
9 directing certain designated individuals to annually
10 evaluate students in certain grades based on certain
10 program eligibility criteria; directing the
11 designated individual to make certain students and
11 their parents aware of certain opportunity; updating
12 statutory references; providing an effective date;
12 and declaring an emergency.
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1 5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
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1 7 last amended by Section 2, Chapter 274, O.S.L. 2024 (70 O.S. Supp.
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1 8 2024, Section 2605), is amended to read as follows:
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19 Section 2605. A. Each school year, every fifth- through
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2 0 eleventh-grade student in the public and private schools of this
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2 1 state and students who are educated by other means and are in the
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2 2 equivalent of the fifth through eleventh grade shall be apprised,
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2 3 together with the parent, custodial parent, or guardian of the
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2 4 student, of the opportunity for access to higher learning under the
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1 Oklahoma Higher Learning Access Program. The Oklahoma State Regents
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2 for Higher Education and the State Board of Education shall develop,
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3 promote, and coordinate a public awareness program to be utilized in
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4 making students and parents aware of the Oklahoma Higher Learning
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5 Access Program.
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6 B. 1. On a form provided by the Oklahoma State Regents for
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7 Higher Education, every public school district shall designate at
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8 least one Oklahoma Higher Learning Access Program contact person,
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9 who shall be a counselor or teacher, at each public school site in
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1 0 this state in which eighth-, ninth-, tenth-, or eleventh-grade
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1 1 classes are taught. When requested by the State Regents, the State
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1 2 Board of Education shall assist the State Regents to ensure the
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1 3 designation of contact persons. Private schools shall also
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1 4 designate at least one school official as a contact person. For
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1 5 students who are educated by other means, a parent or guardian or
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1 6 other person approved by the State Regents shall be designated the
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1 7 contact person.
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18 2. The individual designated as an Oklahoma Higher Learning
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1 9 Access Program contact person pursuant to paragraph 1 of this
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2 0 subsection at each school district in this state shall annually
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2 1 evaluate students in eighth, ninth, tenth, and eleventh grade based
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2 2 on the program eligibility criteria set forth in subparagraphs a
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2 3 through d of paragraph 1 of subsection C of this section. The
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1 contact person shall make potentially eligible students and their
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2 parents aware of the opportunity to participate in the program.
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3 C. 1. Students who qualify on the basis of financial need
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4 according to subsection D or E of this section or who meet the
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5 eligibility qualification set forth in subparagraph a of paragraph 1
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6 of subsection B of Section 2603 of this title prior to entering the
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7 eleventh grade or prior to reaching the age of sixteen (16) and the
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8 standards and provisions promulgated by the Oklahoma State Regents
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9 for Higher Education shall be given the opportunity throughout the
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1 0 eighth-, ninth-, tenth-, and eleventh-grade years, for students
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1 1 enrolled in a public or private school, or between the ages of
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1 2 thirteen (13) and sixteen (16), for students who are educated by
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1 3 other means, to enter into participation in the program by agreeing
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1 4 to, throughout the remainder of their school years or educational
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1 5 program:
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16 a. attend school or an educational program regularly and
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17 do homework regularly,
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18 b. refrain from substance abuse,
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19 c. refrain from commission of crimes or delinquent acts,
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20 d. have school work and school records reviewed by
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21 mentors designated pursuant to the program,
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22 e. provide information requested by the Oklahoma State
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23 Regents for Higher Education or the State Board of
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24 Education, and
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1 f. participate in program activities.
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2 2. Students who meet the eligibility qualification set forth in
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3 subparagraph a of paragraph 1 of subsection B of Section 2603 of
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4 this title after completing the eleventh grade or after reaching the
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5 age of seventeen (17) shall be given the opportunity prior to
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6 reaching the age of twenty-one (21) to enter into participation in
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7 the program and shall execute an agreement with provisions as
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8 determined by the Oklahoma State Regents for Higher Education.
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9 3. The contact person shall maintain the agreements, which
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1 0 shall be executed on forms provided by the Oklahoma State Regents
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1 1 for Higher Education and managed according to regulations
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1 2 promulgated by the Oklahoma State Regents for Higher Education, and
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1 3 the contact person shall monitor compliance of the student with the
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1 4 terms of the agreement. The Oklahoma State Regents for Higher
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1 5 Education are authorized to process student agreements and verify
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1 6 compliance with the agreements. Students failing to comply with the
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1 7 terms of the agreement shall not be eligible for the awards provided
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1 8 in Section 2604 of this title.
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19 D. Except as otherwise provided for in subsection E of this
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2 0 section and except for students who qualify pursuant to subsection B
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2 1 of Section 2603 of this title, a student shall not be found to be in
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2 2 financial need for purposes of the Oklahoma Higher Learning Access
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2 3 Program if:
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1 1. Beginning with eighth-, ninth-, or tenth-grade students who
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2 are enrolled in a public or private school or students between the
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3 ages of thirteen (13) and fifteen (15) who are educated by other
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4 means who apply for participation in the program in the 2017-2018
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5 school year, the federal adjusted gross income of the student's
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6 parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
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7 2. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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8 students who are enrolled in a public or private school or students
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9 between the ages of thirteen (13) and sixteen (16) who are educated
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1 0 by other means who apply for participation in the program in the
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1 1 2021-2022 school year, the federal adjusted gross income of the
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1 2 student's parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
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1 3 year;
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14 3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
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1 5 students who are enrolled in a public or private school or students
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1 6 between the ages of thirteen (13) and sixteen (16) who are educated
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1 7 by other means who apply for participation in the program in the
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1 8 2022-2023 school year:
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19 a. the federal adjusted gross income of the student's
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20 parent(s), who have two or fewer dependent children,
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21 exceeds Sixty Thousand Dollars ($60,000.00) per year,
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22 b. the federal adjusted gross income of the student's
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23 parent(s), who have three or four dependent children,
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1 exceeds Seventy Thousand Dollars ($70,000.00) per
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2 year, or
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3 c. the federal adjusted gross income of the student's
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4 parent(s), who have five or more dependent children,
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5 exceeds Eighty Thousand Dollars ($80,000.00) per year;
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6 4. Beginning with the 2018-2019 academic year, prior to
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7 receiving any Oklahoma Higher Learning Access Program benefit award
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8 for any year during which the student is enrolled in an institution
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9 which is a member of The Oklahoma State System of Higher Education,
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1 0 a postsecondary vocational-technical program offered by a technology
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1 1 center school that meets the requirements to be eligible for federal
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1 2 student financial aid, or a private institution of higher learning
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1 3 located within this state and accredited pursuant to Section 4103 of
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1 4 this title, the federal adjusted gross income of the student's
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1 5 parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per
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1 6 year.
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17 The determination of financial qualification as set forth in
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1 8 this paragraph shall be based on the income of the student, not the
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1 9 income of the parent(s), if a student:
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20 a. is determined to be independent of the student's
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21 parents for federal financial aid purposes,
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22 b. was in the permanent custody of the Department of
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23 Human Services at the time the student enrolled in the
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24 program, or
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Req. No. 323 Page 6
1 c. was in the court-ordered custody of a federally
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2 recognized Indian tribe, as defined by the federal
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3 Indian Child Welfare Act of 1978, at the time the
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4 student enrolled in the program.
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5 The provisions of this paragraph shall apply to any student who
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6 has received an Oklahoma Higher Learning Access Program benefit
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7 award after the 2017-2018 school year; and
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8 5. The Oklahoma State Regents for Higher Education shall review
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9 the determination of financial qualification as set forth in
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1 0 paragraphs 1, 2, and 3 of this subsection if the income from taxable
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1 1 and nontaxable sources of the student's parent(s) includes income
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1 2 received from nontaxable military benefits or income received from
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1 3 the federal Social Security Administration due to the death or
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1 4 disability of the student's parent(s). If the income from taxable
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1 5 and nontaxable sources of the student's parent(s), excluding income
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1 6 received from nontaxable military benefits or income received from
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1 7 the federal Social Security Administration due to the death or
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1 8 disability of the student's parent(s), does not exceed the
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1 9 limitations set forth by paragraphs 1, 2, and 3 of this subsection,
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2 0 the student shall be determined to have met the financial
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2 1 qualification set forth in paragraphs 1, 2, and 3 of this
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2 2 subsection.
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23 E. 1. A student who was adopted between birth and twelve (12)
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2 4 years of age while in the permanent custody of the Department of
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1 Human Services, in the court-ordered custody of a licensed private
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2 nonprofit child-placing agency, or federally recognized Indian
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3 tribe, as defined by the federal Indian Child Welfare Act of 1978,
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4 shall not be found to be in financial need for purposes of the
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5 Oklahoma Higher Learning Access Program if at the time the student
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6 begins postsecondary education and prior to receiving any Oklahoma
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7 Higher Learning Access Program benefit award, the federal adjusted
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8 gross income of the student's parent(s) exceeds One Hundred Fifty
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9 Thousand Dollars ($150,000.00) per year. The provisions of this
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1 0 paragraph shall not apply to any student who has received an
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1 1 Oklahoma Higher Learning Access Program benefit award prior to the
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1 2 2012-2013 school year.
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13 2. A student who was adopted between thirteen (13) and
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1 4 seventeen (17) years of age while in the permanent custody of the
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1 5 Department of Human Services, in the court-ordered custody of a
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1 6 licensed private nonprofit child-placing agency, or federally
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1 7 recognized Indian tribe, as defined by the federal Indian Child
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1 8 Welfare Act of 1978, shall not be found to be in financial need for
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1 9 purposes of the Oklahoma Higher Learning Access Program if at the
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2 0 time the student begins postsecondary education and prior to
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2 1 receiving any Oklahoma Higher Learning Access Program benefit award,
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2 2 the federal adjusted gross income of the student's parent(s) exceeds
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2 3 Two Hundred Thousand Dollars ($200,000.00) per year. The provisions
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2 4 of this paragraph shall not apply to any student who has received an
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1 Oklahoma Higher Learning Access Program benefit award prior to the
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2 2012-2013 school year.
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3 3. A student who was placed in the custody of the Department of
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4 Human Services at any time during the eighth, ninth, tenth, or
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5 eleventh grades and enrolls in the program no later than his or her
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6 official date of high school graduation shall not be found to be in
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7 financial need for purposes of the Oklahoma Higher Learning Access
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8 Program if the federal adjusted gross income of the student exceeds
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9 Sixty Thousand Dollars ($60,000.00) per year.
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10 4. Except for students who qualify pursuant to subsection B of
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1 1 Section 2603 of this title, the determination of financial
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1 2 qualification as set forth in this subsection shall be based on the
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1 3 income of the student, not the income of the parent(s), if the
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1 4 student is determined to be independent of the student's parent(s)
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1 5 for federal financial aid purposes. A determination of financial
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1 6 qualification shall not be required for the student who meets the
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1 7 criteria set forth in this subsection at the time the student
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1 8 applies for participation in the program. The provisions of this
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1 9 paragraph shall not apply to any student who has received an
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2 0 Oklahoma Higher Learning Access Program benefit award prior to the
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2 1 2008-2009 school year.
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22 F. The financial qualification of a student as set forth in
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2 3 subsections D and E of this section shall be certified by the
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2 4 contact person or by the Oklahoma State Regents for Higher Education
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Req. No. 323 Page 9
1 on the agreement form provided by the Oklahoma State Regents for
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2 Higher Education. The form shall be retained in the permanent
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3 record of the student and a copy forwarded to the Oklahoma State
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4 Regents for Higher Education.
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5 G. Agreements shall be witnessed by the parent, custodial
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6 parent, or guardian of the student, who shall further agree to:
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7 1. Assist the student in achieving compliance with the
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8 agreements;
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9 2. Confer, when requested to do so, with the school contact
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1 0 person, other school personnel, and program mentors;
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11 3. Provide information requested by the Oklahoma State Regents
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1 2 for Higher Education or the State Board of Education; and
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13 4. Assist the student in completing forms and reports required
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1 4 for program participation, making applications to institutions and
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1 5 schools of higher learning, and filing applications for student
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1 6 grants and scholarships.
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17 H. The Oklahoma State Regents for Higher Education shall
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1 8 promulgate rules for the determination of student compliance with
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1 9 agreements made pursuant to this section.
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20 I. The Oklahoma State Regents for Higher Education shall
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2 1 designate personnel to coordinate tracking of program records for
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2 2 the years when students participating in the program are still in
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2 3 the schools or are being educated by other means, provide staff
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2 4 development for contact persons in the schools, and provide liaison
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1 with the State Board of Education and local organizations and
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2 individuals participating in the program.
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3 J. The school district where an Oklahoma Higher Learning Access
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4 Program student is enrolled when the student begins participation in
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5 the program and any subsequent school district where the student
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6 enrolls shall forward information regarding participation by the
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7 student in the program to a school to which the student transfers
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8 upon the request of the school for the records of the student.
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9 K. Students participating in the Oklahoma Higher Learning
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1 0 Access Program shall provide their Social Security number or their
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1 1 student identification number used by their school to the Oklahoma
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1 2 State Regents for Higher Education. The State Regents shall keep
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1 3 the numbers confidential and use them only for administrative
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1 4 purposes.
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15 SECTION 2. This act shall become effective July 1, 2025.
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16 SECTION 3. It being immediately necessary for the preservation
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1 7 of the public peace, health, or safety, an emergency is hereby
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1 8 declared to exist, by reason whereof this act shall take effect and
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1 9 be in full force from and after its passage and approval.
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