Bill Text For HB2227 - Engrossed

 1|ENGROSSED HOUSE                                                        |
  |BILL NO. 2227                        By: Russ of the House             |
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  |                                         and                           |
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  |                                         Sharp of the Senate           |
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 7|       An Act relating to the Oklahoma Higher Learning                 |
  |       Access Program; amending 70 O.S. 2011, Section 2605,            |
 8|       as last amended by Section 4, Chapter 289, O.S.L.               |
  |       2017 (70 O.S. Supp. 2018, Section 2605), which                  |
 9|       relates to program awareness; modifying eligibility             |
  |       for certain students to participate in program; and             |
10|       providing an effective date.                                    |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 2605, as       |
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15|last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.     |
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16|2018, Section 2605), is amended to read as follows:                    |
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17|    Section 2605.  A.  Each school year, every fifth- through          |
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18|ninth-grade student in the public and private schools of this state    |
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19|and students who are educated by other means and are in the            |
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20|equivalent of the fifth through ninth grade shall be apprised,         |
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21|together with the parent, custodial parent, or guardian of the         |
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22|student, of the opportunity for access to higher learning under the    |
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23|Oklahoma Higher Learning Access Program.  The Oklahoma State Regents   |
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24|for Higher Education and the State Board of Education shall develop,   |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 1
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 1|promote, and coordinate a public awareness program to be utilized in   |
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 2|making students and parents aware of the Oklahoma Higher Learning      |
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 3|Access Program.                                                        |
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 4|    B.  On a form provided by the Oklahoma State Regents for Higher    |
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 5|Education, every public school district shall designate at least one   |
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 6|Oklahoma Higher Learning Access Program contact person, who shall be   |
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 7|a counselor or teacher, at each public school site in this state in    |
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 8|which eighth-, ninth- or tenth-grade classes are taught.  When         |
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 9|requested by the State Regents, the State Board of Education shall     |
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10|assist the State Regents to ensure the designation of contact          |
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11|persons.  Private schools shall also designate at least one school     |
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12|official as a contact person.  For students who are educated by        |
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13|other means, a parent or guardian or other person approved by the      |
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14|State Regents shall be designated the contact person.                  |
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15|    C.  1.  Students who qualify on the basis of financial need        |
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16|according to subsection D or E of this section or who meet the         |
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17|eligibility qualification set forth in subparagraph a of paragraph 1   |
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18|of subsection B of Section 2603 of this title prior to entering the    |
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19|tenth grade or prior to reaching the age of fifteen (15) and the       |
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20|standards and provisions promulgated by the Oklahoma State Regents     |
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21|for Higher Education shall be given the opportunity throughout the     |
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22|eighth-, ninth-, and tenth-grade years, for students enrolled in a     |
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23|public or private school, or between the ages of thirteen (13) and     |
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24|fifteen (15), for students who are educated by other means, or         |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 2
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 1|throughout the eleventh- or twelfth-grade years or between the ages    |
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 2|of sixteen (16) and eighteen (18) for students who meet the            |
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 3|conditions of paragraph 3 or 5 of subsection D of this section, to     |
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 4|enter into participation in the program by agreeing to, throughout     |
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 5|the 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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11|         d.    have school work and school records reviewed by         |
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12|              mentors designated pursuant to the program,              |
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13|         e.    provide information requested by the Oklahoma State     |
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14|              Regents for Higher Education or the State Board of       |
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15|              Education, and                                           |
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16|         f.    participate in program activities.                      |
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17|    2.  Students who meet the eligibility qualification set forth in   |
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18|subparagraph a of paragraph 1 of subsection B of Section 2603 of       |
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19|this title after completing the tenth grade or after reaching the      |
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20|age of sixteen (16) shall be given the opportunity prior to reaching   |
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21|the age of twenty-one (21) to enter into participation in the          |
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22|program and shall execute an agreement with provisions as determined   |
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23|by the Oklahoma State Regents for Higher Education.                    |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 3
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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|    D.  Except as otherwise provided for in subsection E of this       |
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12|section and except for students who qualify pursuant to subsection B   |
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13|of Section 2603 of this title, a student shall not be found to be in   |
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14|financial need for purposes of the Oklahoma Higher Learning Access     |
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15|Program if:                                                            |
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16|    1.  At the time the student applies for participation in the       |
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17|program during the eighth, ninth or tenth grade for students           |
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18|enrolled in a public or private school, or between the ages of         |
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19|thirteen (13) and fifteen (15), for students who are educated by       |
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20|other means, the income from taxable and nontaxable sources of the     |
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21|student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per    |
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22|year;                                                                  |
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23|    2.  Beginning with eighth-, ninth- or tenth-grade students who     |
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24|are enrolled in a public or private school or students between the     |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 4
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 1|ages of thirteen (13) and fifteen (15) who are educated by other       |
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 2|means who apply for participation in the program in the 2017-2018      |
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 3|school year, the federal adjusted gross income of the student's        |
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 4|parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;   |
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 5|    3.  Beginning with eleventh- or twelfth-grade students who are     |
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 6|enrolled in a public or private school or students between the ages    |
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 7|of sixteen (16) and eighteen (18) who are educated by other means      |
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 8|who apply for participation in the program in the 2019-2020 school     |
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 9|year, whose parents have become deceased after the student's           |
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10|tenth-grade year, the federal adjusted gross income of the student     |
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11|or the student's adoptive parent(s), if applicable, exceeds            |
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12|Fifty-five Thousand Dollars ($55,000.00) per year;                     |
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13|    4.  Beginning with eighth-, ninth- or tenth-grade students who     |
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14|are enrolled in a public or private school or students between the     |
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15|ages of thirteen (13) and fifteen (15) who are educated by other       |
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16|means who apply for participation in the program in the 2021-2022      |
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17|school year, the federal adjusted gross income of the student's        |
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18|parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;        |
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19|    4. 5.  Beginning with eleventh- or twelfth-grade students who      |
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20|are enrolled in a public or private school or students between the     |
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21|ages of sixteen (16) and eighteen (18) who are educated by other       |
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22|means who apply for participation in the program in the 2021-2022      |
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23|school year, whose parents have become deceased after the student's    |
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24|tenth-grade year, the federal adjusted gross income of the student     |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 5
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 1|or the student's adoptive parent(s), if applicable, exceeds Sixty      |
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 2|Thousand Dollars ($60,000.00) per year;                                |
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 3|    6.  At the time the student begins postsecondary education and     |
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 4|prior to receiving any Oklahoma Higher Learning Access Program         |
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 5|benefit award, the federal adjusted gross income of the student's      |
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 6|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per       |
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 7|year; and                                                              |
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 8|    5. 7.  Beginning with the 2018-2019 academic year, prior to        |
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 9|receiving any Oklahoma Higher Learning Access Program benefit award    |
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10|for any year during which the student is enrolled in an institution    |
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11|which is a member of The Oklahoma State System of Higher Education,    |
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12|a postsecondary vocational-technical program offered by a technology   |
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13|center school that meets the requirements to be eligible for federal   |
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14|student financial aid or a private institution of higher learning      |
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15|located within this state and accredited pursuant to Section 4103 of   |
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16|this title, the federal adjusted gross income of the student's         |
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17|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per       |
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18|year.                                                                  |
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19|    The determination of financial qualification as set forth in       |
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20|paragraphs 4 6 and 5 7 of this subsection shall be based on the        |
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21|income of the student, not the income of the parent(s), if a           |
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22|student:                                                               |
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23|         a.   is determined to be independent of the student's         |
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24|              parents for federal financial aid purposes,              |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 6
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 1|         b.   was in the permanent custody of the Department of        |
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 2|              Human Services at the time the student enrolled in the   |
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 3|              program, or                                              |
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 4|         c.   was in the court-ordered custody of a federally          |
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 5|              recognized Indian tribe, as defined by the federal       |
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 6|              Indian Child Welfare Act, at the time the student        |
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 7|              enrolled in the program.                                 |
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 8|    The provisions of this paragraph shall apply to any student who    |
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 9|has received an Oklahoma Higher Learning Access Program benefit        |
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10|award after the 2017-2018 school year; and                             |
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11|    6. 8.  The Oklahoma State Regents for Higher Education shall       |
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12|review the determination of financial qualification as set forth in    |
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13|paragraphs 1, 2 and 3 4 of this subsection if the income from          |
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14|taxable and nontaxable sources of the student's parent(s) includes     |
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15|income received from nontaxable military benefits or income received   |
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16|from the federal Social Security Administration due to the death or    |
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17|disability of the student's parent(s).  If the income from taxable     |
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18|and nontaxable sources of the student's parent(s), excluding income    |
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19|received from nontaxable military benefits or income received from     |
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20|the federal Social Security Administration due to the death or         |
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21|disability of the student's parent(s), does not exceed the             |
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22|limitations set forth by paragraphs 1, 2 and 3 4 of this subsection,   |
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23|the student shall be determined to have met the financial              |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 7
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 1|qualification set forth in paragraphs 1, 2 and 3 4 of this             |
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 2|subsection.                                                            |
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 3|    E.  1.  A student who was adopted between birth and twelve (12)    |
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 4|years of age while in the permanent custody of the Department of       |
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 5|Human Services, in the court-ordered custody of a licensed private     |
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 6|nonprofit child-placing agency, or federally recognized Indian         |
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 7|tribe, as defined by the federal Indian Child Welfare Act, shall not   |
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 8|be found to be in financial need for purposes of the Oklahoma Higher   |
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 9|Learning Access Program if at the time the student begins              |
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10|postsecondary education and prior to receiving any Oklahoma Higher     |
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11|Learning Access Program benefit award, the federal adjusted gross      |
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12|income of the student's parent(s) exceeds One Hundred Fifty Thousand   |
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13|Dollars ($150,000.00) per year.  The provisions of this paragraph      |
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14|shall not apply to any student who has received an Oklahoma Higher     |
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15|Learning Access Program benefit award prior to the 2012-2013 school    |
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16|year.                                                                  |
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17|    2.  A student who was adopted between thirteen (13) and            |
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18|seventeen (17) years of age while in the permanent custody of the      |
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19|Department of Human Services, in the court-ordered custody of a        |
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20|licensed private nonprofit child-placing agency, or federally          |
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21|recognized Indian tribe, as defined by the federal Indian Child        |
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22|Welfare Act, shall not be found to be in financial need for purposes   |
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23|of the Oklahoma Higher Learning Access Program if at the time the      |
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24|student begins postsecondary education and prior to receiving any      |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 8
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 1|Oklahoma Higher Learning Access Program benefit award, the federal     |
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 2|adjusted gross income of the student's parent(s) exceeds Two Hundred   |
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 3|Thousand Dollars ($200,000.00) per year.  The provisions of this       |
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 4|paragraph shall not apply to any student who has received an           |
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 5|Oklahoma Higher Learning Access Program benefit award prior to the     |
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 6|2012-2013 school year.                                                 |
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 7|    3.  Except for students who qualify pursuant to subsection B of    |
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 8|Section 2603 of this title, the determination of financial             |
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 9|qualification as set forth in this subsection shall be based on the    |
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10|income of the student, not the income of the parent(s), if the         |
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11|student is determined to be independent of the student's parent(s)     |
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12|for federal financial aid purposes.  A determination of financial      |
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13|qualification shall not be required for the student who meets the      |
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14|criteria set forth in this subsection at the time the student          |
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15|applies for participation in the program.  The provisions of this      |
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16|paragraph shall not apply to any student who has received an           |
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17|Oklahoma Higher Learning Access Program benefit award prior to the     |
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18|2008-2009 school year.                                                 |
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19|    F.  The financial qualification of a student as set forth in       |
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20|subsections D and E of this section shall be certified by the          |
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21|contact person or by the Oklahoma State Regents for Higher Education   |
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22|on the agreement form provided by the Oklahoma State Regents for       |
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23|Higher Education.  The form shall be retained in the permanent         |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 9
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 1|record of the student and a copy forwarded to the Oklahoma State       |
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 2|Regents for Higher Education.                                          |
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 3|    G.  Agreements shall be witnessed by the parent, custodial         |
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 4|parent, or guardian of the student, who shall further agree to:        |
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 5|    1.  Assist the student in achieving compliance with the            |
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 6|agreements;                                                            |
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 7|    2.  Confer, when requested to do so, with the school contact       |
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 8|person, other school personnel, and program mentors;                   |
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 9|    3.  Provide information requested by the Oklahoma State Regents    |
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10|for Higher Education or the State Board of Education; and              |
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11|    4.  Assist the student in completing forms and reports required    |
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12|for program participation, making applications to institutions and     |
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13|schools of higher learning, and filing applications for student        |
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14|grants and scholarships.                                               |
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15|    H.  Students who are enrolled in a school district located in      |
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16|this state that serves students who reside in both this state and an   |
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17|adjacent state pursuant to a contract as authorized in Section         |
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18|5-117.1 of this title, are in the eleventh and twelfth grades during   |
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19|the 2006-2007 school year, and who were denied participation in the    |
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20|program shall be allowed to enter or reenter into participation in     |
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21|the program by entering into agreements as set forth in subsections    |
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22|C and D of this section by June 1, 2008.                               |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 10
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 1|    I.  The Oklahoma State Regents for Higher Education shall          |
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 2|promulgate rules for the determination of student compliance with      |
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 3|agreements made pursuant to this section.                              |
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 4|    J.  The Oklahoma State Regents for Higher Education shall          |
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 5|designate personnel to coordinate tracking of program records for      |
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 6|the years when students participating in the program are still in      |
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 7|the schools or are being educated by other means, provide staff        |
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 8|development for contact persons in the schools, and provide liaison    |
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 9|with the State Board of Education and local organizations and          |
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10|individuals participating in the program.                              |
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11|    K.  The school district where an Oklahoma Higher Learning Access   |
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12|Program student is enrolled when the student begins participation in   |
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13|the program and any subsequent school district where the student       |
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14|enrolls shall forward information regarding participation by the       |
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15|student in the program to a school to which the student transfers      |
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16|upon the request of the school for the records of the student.         |
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17|    L.  Students participating in the Oklahoma Higher Learning         |
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18|Access Program shall provide their Social Security number or their     |
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19|student identification number used by their school to the Oklahoma     |
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20|State Regents for Higher Education.  The Regents shall keep the        |
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21|numbers confidential and use them only for administrative purposes.    |
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22|    SECTION 2.  This act shall become effective November 1, 2019.      |
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23|    Passed the House of Representatives the 12th day of March, 2019.   |
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24|                                                                       |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 11
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  |                                     Presiding Officer of the House    |
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  |    Passed the Senate the ___ day of __________, 2019.                 |
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arsid14289102 ENGR. H. B. NO. 2227                                 Page 12
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