Bill Text For SB0639 - Engrossed

 1|ENGROSSED SENATE                                                       |
  |BILL NO. 639                         By: Pugh, Stephens, Bullard and   |
 2|                                         Bergstrom of the Senate       |
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 3|                                         and                           |
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 4|                                         Baker of the House            |
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 5|                                                                       |
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 6|       An Act relating to the Oklahoma Higher Learning                 |
  |       Access Program; amending 70 O.S. 2011, Section 2602,            |
 7|       as amended by Section 1, Chapter 289, O.S.L. 2017 (70           |
  |       O.S. Supp. 2020, Section 2602), which relates to the            |
 8|       purpose of the program; allowing the program to                 |
  |       include certain identified postsecondary career                 |
 9|       technology programs; amending 70 O.S. 2011, Section             |
  |       2603, as last amended by Section 2, Chapter 289,                |
10|       O.S.L. 2017 (70 O.S. Supp. 2020, Section 2603), which           |
  |       relates to eligibility for the program; adding                  |
11|       reference to certain identified postsecondary                   |
  |       vocational-technical program; 70 O.S. 2011, Section             |
12|       2604, as amended by Section 3, Chapter 289, O.S.L.              |
  |       2017 (70 O.S. Supp. 2020, Section 2604), which                  |
13|       relates to program awards; requiring repayment of               |
  |       award if program is not completed within certain time           |
14|       period; providing for deposit of repayments; allowing           |
  |       consideration of hardship circumstances; amending 70            |
15|       O.S. 2011, Section 2605, as last amended by Section             |
  |       4, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,                |
16|       Section 2605), which relates to student agreements;             |
  |       adding reference to certain identified postsecondary            |
17|       vocational-technical programs; directing the                    |
  |       Executive Director of the Oklahoma Department of                |
18|       Commerce in certain consultation to publish certain             |
  |       list by certain date; providing for identification of           |
19|       postsecondary vocational-technical programs that                |
  |       correlate to certain occupation areas; requiring                |
20|       completion of certain program within certain time               |
  |       period; allowing completion of program regardless of            |
21|       placement on certain list; requiring repayment of               |
  |       award if program is not completed within certain time           |
22|       period; providing for promulgation of rules;                    |
  |       providing for codification; providing an effective              |
23|       date; and declaring an emergency.                               |
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24|                                                                       |
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arsid14955566 (Floor Amendments Only)                              Page 1
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 1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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 2|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 2602, as       |
  |                                                                       |
 3|amended by Section 1, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,    |
  |                                                                       |
 4|Section 2602), is amended to read as follows:                          |
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 5|    Section 2602.  There is hereby created the Oklahoma Higher         |
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 6|Learning Access Program.  The program shall also be known as           |
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 7|"Oklahoma's Promise".  The purpose of the program is to provide an     |
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 8|award to students who meet the criteria set forth in the Oklahoma      |
  |                                                                       |
 9|Higher Learning Access Act who are pursuing studies in this state      |
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10|leading to an associate or baccalaureate degree or who are pursuing    |
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11|studies in a postsecondary career technology program that would meet   |
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12|the requirements to be eligible for federal student financial aid or   |
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13|that has been identified as a critical occupation area pursuant to     |
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14|Section 5 of this act and is offered by a technology center school     |
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15|supervised by the State Board of Career and Technology Education,      |
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16|and who are in good academic standing in the institution or school     |
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17|in which the student is enrolled, that will relieve the student of     |
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18|the burden of paying nonguaranteed resident tuition at institutions    |
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19|of The Oklahoma State System of Higher Education, paying tuition for   |
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20|enrollment in postsecondary programs of the technology center          |
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21|districts, or paying some portion of such fees or tuition, pursuant    |
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22|to the provisions of the Oklahoma Higher Learning Access Act, as may   |
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23|be required of enrollees at private institutions of higher education   |
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24|which are accredited pursuant to Section 4103 of this title.  The      |
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arsid14955566 (Floor Amendments Only)                              Page 2
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 1|further purpose of this program is to establish and maintain a         |
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 2|variety of support services whereby a broader range of the general     |
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 3|student population of this state will be prepared for success in       |
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 4|postsecondary endeavors.                                               |
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 5|    SECTION 2.     AMENDATORY     70 O.S. 2011, Section 2603, as       |
  |                                                                       |
 6|last amended by Section 2, Chapter 289, O.S.L. 2017 (70 O.S. Supp.     |
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 7|2020, Section 2603), is amended to read as follows:                    |
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 8|    Section 2603.  A.  Except as otherwise provided for in             |
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 9|subsection B of this section and elsewhere in this section, to be      |
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10|eligible to participate in the Oklahoma Higher Learning Access         |
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11|Program and to qualify for an award which includes payment of an       |
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12|amount equivalent to resident tuition or other tuition pursuant to     |
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13|Section 2604 of this title for the first semester or other academic    |
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14|unit of postsecondary enrollment, a student shall:                     |
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15|    1.  Be a resident of this state or be enrolled in a school         |
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16|district located in this state that serves students who reside in      |
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17|both this state and an adjacent state pursuant to a contract as        |
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18|authorized in Section 5-117.1 of this title;                           |
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19|    2.  Be a United States citizen or lawfully present in the United   |
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20|States.  A student who is not a United States citizen or lawfully      |
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21|present in the United States shall not be eligible to participate in   |
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22|the Oklahoma Higher Learning Access Program and to qualify for an      |
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23|award notwithstanding the provisions of Section 3242 of this title.    |
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24|The provisions of this paragraph shall not apply to any student who    |
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arsid14955566 (Floor Amendments Only)                              Page 3
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 1|was enrolled in the Oklahoma Higher Learning Access Program prior to   |
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 2|the end of the 2006-2007 school year;                                  |
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 3|    3.  Have a record of satisfactory compliance with agreements       |
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 4|executed pursuant to Section 2605 of this title;                       |
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 5|    4.   a.   have graduated within the previous three (3) years       |
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 6|              from a high school accredited by the State Board of      |
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 7|              Education, or the Oklahoma School of Science and         |
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 8|              Mathematics with a minimum 2.5 cumulative grade point    |
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 9|              average on a 4.0 scale for all work attempted in         |
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10|              grades nine through twelve,                              |
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11|         b.    have graduated within the previous three (3) years      |
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12|              from a high school not accredited by the State Board     |
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13|              of Education with a minimum 2.5 cumulative grade point   |
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14|              average on a 4.0 scale for all work attempted in         |
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15|              grades nine through twelve and have achieved a           |
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16|              composite score of 22 or higher on the ACT test, or      |
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17|         c.    have satisfactorily completed within the previous       |
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18|              three (3) years an educational program that was          |
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19|              provided through a means other than a public or          |
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20|              private school and have achieved a composite score of    |
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21|              22 or higher on the ACT test;                            |
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22|    5.  Have completed the curricular requirements for admission to    |
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23|an institution within The Oklahoma State System of Higher Education    |
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24|and one additional unit or set of competencies in a course that        |
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arsid14955566 (Floor Amendments Only)                              Page 4
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 1|meets college admission requirements.  The curriculum requirements     |
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 2|shall include two units or sets of competencies in foreign or          |
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 3|non-English language or technology courses that meet the college       |
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 4|admission requirements and one unit or set of competencies of a fine   |
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 5|arts course.  Students shall also have attained a 2.5 grade point      |
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 6|average in the core curriculum courses.  Students who attended a       |
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 7|high school which did not offer all the core curriculum courses or     |
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 8|students who were educated by other means and were not offered all     |
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 9|the core curriculum courses shall be allowed to satisfy this           |
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10|curriculum requirement by participating in a program approved by the   |
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11|State Regents for remediation of high school curricular                |
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12|deficiencies;                                                          |
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13|    6.  Have satisfied admission standards as determined by the        |
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14|Oklahoma State Regents for Higher Education for first-time-entering    |
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15|students for the appropriate type of institution, or, if attending a   |
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16|private institution, have satisfied admission standards as             |
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17|determined by the private institution.  No student participating in    |
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18|the Oklahoma Higher Learning Access Program shall be admitted into     |
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19|an institution of higher education by special admission standards;     |
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20|    7.  Have secured admission to, and enrolled in, an institution     |
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21|which is a member of The Oklahoma State System of Higher Education,    |
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22|a postsecondary vocational-technical program offered by a technology   |
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23|center school that meets the requirements to be eligible for federal   |
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24|student financial aid or that has been identified as a critical        |
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arsid14955566 (Floor Amendments Only)                              Page 5
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 1|occupation area pursuant to Section 5 of this act, or a private        |
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 2|institution of higher learning located within this state and           |
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 3|accredited pursuant to Section 4103 of this title; and                 |
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 4|    8.   a.    have established financial need according to the        |
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 5|              provisions of subsection D of Section 2605 of this       |
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 6|              title and standards and provisions promulgated by the    |
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 7|              Oklahoma State Regents for Higher Education,             |
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 8|         b.   if the student was adopted between birth and twelve      |
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 9|              (12) years of age while in the permanent custody of      |
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10|              the Department of Human Services, in the court-ordered   |
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11|              custody of a licensed private nonprofit child-placing    |
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12|              agency, or federally recognized Indian tribe, as         |
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13|              defined by the federal Indian Child Welfare Act, have    |
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14|              established financial need according to the provisions   |
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15|              of paragraph 1 of subsection E of Section 2605 of this   |
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16|              title and standards and provisions promulgated by the    |
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17|              Oklahoma State Regents for Higher Education, or          |
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18|         c.   if the student was adopted between thirteen (13) and     |
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19|              seventeen (17) years of age while in the permanent       |
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20|              custody of the Department of Human Services, in the      |
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21|              court-ordered custody of a licensed private nonprofit    |
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22|              child-placing agency, or federally recognized Indian     |
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23|              tribe, as defined by the federal Indian Child Welfare    |
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24|              Act, have established financial need according to the    |
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arsid14955566 (Floor Amendments Only)                              Page 6
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 1|              provisions of paragraph 2 of subsection E of Section     |
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 2|              2605 of this title and standards and provisions          |
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 3|              promulgated by the Oklahoma State Regents for Higher     |
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 4|              Education.                                               |
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 5|    B.  1.  A student shall be eligible to participate in the          |
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 6|Oklahoma Higher Learning Access Program and to qualify for an award    |
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 7|which includes payment of an amount equivalent to resident tuition     |
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 8|or other tuition pursuant to Section 2604 of this title for the        |
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 9|first semester or other academic unit of postsecondary enrollment if   |
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10|the student meets all of the following criteria:                       |
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11|         a.    is a child of any person killed after January 1,        |
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12|              2000, in the line of duty in any branch of the United    |
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13|              States Armed Forces or who died after January 1, 2000,   |
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14|              as a result of an injury sustained while in the line     |
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15|              of duty in any branch of the United States Armed         |
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16|              Forces and the person who was killed or died filed an    |
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17|              individual or joint Oklahoma income tax return for the   |
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18|              tax year prior to the year during which the person was   |
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19|              killed or died,                                          |
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20|         b.    is a resident of this state or is enrolled in a         |
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21|              school district located in this state that serves        |
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22|              students who reside in both this state and an adjacent   |
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23|              state pursuant to a contract as authorized in Section    |
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24|              5-117.1 of this title,                                   |
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arsid14955566 (Floor Amendments Only)                              Page 7
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 1|         c.    enrolls in an institution within The Oklahoma State     |
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 2|              System of Higher Education prior to reaching the age     |
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 3|              of twenty-one (21),                                      |
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 4|         d.    has satisfied admission standards as determined by      |
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 5|              the Oklahoma State Regents for Higher Education for      |
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 6|              first-time-entering students for the appropriate type    |
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 7|              of institution, or, if attending a private               |
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 8|              institution, has satisfied admission standards as        |
  |                                                                       |
 9|              determined by the private institution.  No student       |
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10|              participating in the Oklahoma Higher Learning Access     |
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11|              Program shall be admitted into an institution of         |
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12|              higher education by special admission standards,         |
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13|         e.    has secured admission to, and enrolled in, an           |
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14|              institution which is a member of The Oklahoma State      |
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15|              System of Higher Education, a postsecondary              |
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16|              vocational-technical program offered by a technology     |
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17|              center school that meets the requirements to be          |
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18|              eligible for federal student financial aid or that has   |
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19|              been identified as a critical occupation area pursuant   |
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20|              to Section 5 of this act, or a private institution of    |
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21|              higher learning located within this state and            |
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22|              accredited pursuant to Section 4103 of this title, and   |
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23|         f.    executes an agreement pursuant to subsection C of       |
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24|              Section 2605 of this title.                              |
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arsid14955566 (Floor Amendments Only)                              Page 8
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 1|    2.  A student who is eligible to participate in the program        |
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 2|pursuant to this subsection shall not be required to meet the          |
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 3|eligibility requirements set forth in subsection A of this section.    |
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 4|    C.  To retain eligibility while pursuing the program of higher     |
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 5|learning in which enrolled, the student shall:                         |
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 6|    1.  Meet the requirements for retention and degree completion as   |
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 7|established by the institution in which the student is enrolled;       |
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 8|    2.  Maintain good academic standing and satisfactory academic      |
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 9|progress according to standards of the Oklahoma State Regents for      |
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10|Higher Education;                                                      |
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11|    3.  Maintain satisfactory academic progress as required for        |
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12|eligibility for federal Title IV student financial aid programs.       |
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13|The provisions of this paragraph shall become effective for the        |
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14|2012-2013 school year;                                                 |
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15|    4.  Comply with the standards related to maintenance of            |
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16|eligibility as promulgated by the Oklahoma State Regents for Higher    |
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17|Education; and                                                         |
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18|    5.  Refrain from conduct that leads to expulsion or suspension     |
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19|of more than one semester from an institution of higher education.     |
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20|A student who violates the provisions of this paragraph shall          |
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21|permanently lose eligibility for program benefits.  The provisions     |
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22|of this paragraph shall become effective January 1, 2008.              |
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23|    D.  The Oklahoma State Regents for Higher Education and the        |
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24|State Board of Career and Technology Education shall promulgate        |
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arsid14955566 (Floor Amendments Only)                              Page 9
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 1|rules relating to maintenance of eligibility under the Oklahoma        |
  |                                                                       |
 2|Higher Learning Access Act by a student.                               |
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 3|    E.  It is the intent of the Legislature that students in the       |
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 4|ninth grade for the 1992-93 school year who are determined to be       |
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 5|eligible Oklahoma Higher Learning Access students pursuant to the      |
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 6|Oklahoma Higher Learning Access Act shall be the first students        |
  |                                                                       |
 7|eligible for benefits from the Oklahoma Higher Learning Access Trust   |
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 8|Fund.                                                                  |
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 9|    F.  The Oklahoma State Regents for Higher Education are            |
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10|authorized to study, develop and propose criteria for determining      |
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11|award eligibility based upon the completion of seven semesters of      |
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12|high school coursework by a student.                                   |
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13|    SECTION 3.     AMENDATORY     70 O.S. 2011, Section 2604, as       |
  |                                                                       |
14|amended by Section 3, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,    |
  |                                                                       |
15|Section 2604), is amended to read as follows:                          |
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16|    Section 2604.  A.  Subject to the availability of funds, an        |
  |                                                                       |
17|amount equivalent to the nonguaranteed resident tuition for which an   |
  |                                                                       |
18|eligible Oklahoma Higher Learning Access Program student is            |
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19|obligated at an institution of The Oklahoma State System of Higher     |
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20|Education shall be awarded by allocation from the Oklahoma Higher      |
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21|Learning Access Trust Fund.                                            |
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22|    B.  Subject to the availability of funds, for each eligible        |
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23|Oklahoma Higher Learning Access Program student enrolled at a          |
  |                                                                       |
24|private institution of higher learning located within this state and   |
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arsid14955566 (Floor Amendments Only)                              Page 10
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 1|accredited pursuant to Section 4103 of this title, the Oklahoma        |
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 2|State Regents for Higher Education shall award from the Oklahoma       |
  |                                                                       |
 3|Higher Learning Access Trust Fund an amount equivalent to the amount   |
  |                                                                       |
 4|of resident tuition for which the student would be eligible if the     |
  |                                                                       |
 5|student were enrolled in a comparable program at a comparable          |
  |                                                                       |
 6|institution of The Oklahoma State System of Higher Education.          |
  |                                                                       |
 7|Comparability shall be determined by the State Regents.                |
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 8|    C.  Subject to the availability of funds, an amount equivalent     |
  |                                                                       |
 9|to the tuition for any eligible Oklahoma Higher Learning Access        |
  |                                                                       |
10|Program student enrolled in a public postsecondary                     |
  |                                                                       |
11|vocational-technical program or course for the purpose set forth in    |
  |                                                                       |
12|Section 2602 of this title shall be awarded by allocation from the     |
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13|Oklahoma Higher Learning Access Trust Fund.  Provided, such            |
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14|allocation shall not exceed the amount a student would have received   |
  |                                                                       |
15|for comparable enrollment at a two-year institution within The         |
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16|Oklahoma State System of Higher Education.                             |
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17|    D.  1.  An Except as provided for in paragraph 2 of this           |
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18|subsection, an award allowed by this section shall not be allowed      |
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19|for courses or other postsecondary units taken in excess of the        |
  |                                                                       |
20|requirements for completion of a baccalaureate program or taken more   |
  |                                                                       |
21|than five (5) years after the student's first semester of              |
  |                                                                       |
22|postsecondary enrollment.  The Oklahoma State Regents for Higher       |
  |                                                                       |
23|Education may award the Oklahoma Higher Learning Access Program        |
  |                                                                       |
24|benefits for courses of postsecondary units taken more than five (5)   |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 11
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 1|years after the student's first semester of postsecondary enrollment   |
  |                                                                       |
 2|only in hardship circumstances; provided, however, no Oklahoma         |
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 3|Higher Learning Access Program participant may receive benefits        |
  |                                                                       |
 4|beyond a cumulative time period of five (5) years.                     |
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 5|    2.  Beginning with students who entered into participation in      |
  |                                                                       |
 6|the program in the 2021-2022 school year, an award allowed by this     |
  |                                                                       |
 7|section shall not be allowed for courses or other postsecondary        |
  |                                                                       |
 8|units taken in excess of the requirements for completion of a          |
  |                                                                       |
 9|baccalaureate program or a postsecondary vocational-technical          |
  |                                                                       |
10|program taken more than six (6) years after the student's first        |
  |                                                                       |
11|semester of postsecondary enrollment.  The Oklahoma State Regents      |
  |                                                                       |
12|for Higher Education may award the Oklahoma Higher Learning Access     |
  |                                                                       |
13|Program benefits for courses of postsecondary units taken more than    |
  |                                                                       |
14|six (6) years after the student's first semester of postsecondary      |
  |                                                                       |
15|enrollment only in hardship circumstances; provided, however, no       |
  |                                                                       |
16|Oklahoma Higher Learning Access Program participant may receive        |
  |                                                                       |
17|benefits beyond a cumulative time period of six (6) years.             |
  |                                                                       |
18|    3.  The Oklahoma State Regents for Higher Education may award      |
  |                                                                       |
19|the Oklahoma Higher Learning Access Program benefits for a student's   |
  |                                                                       |
20|first semester or other academic unit of postsecondary enrollment      |
  |                                                                       |
21|taken more than three (3) years after the student graduates from       |
  |                                                                       |
22|high school or completes an educational program equivalent to high     |
  |                                                                       |
23|school graduation as authorized in subsection A of Section 2603 of     |
  |                                                                       |
24|this title or after the student turns twenty-one (21) years of age     |
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arsid14955566 (Floor Amendments Only)                              Page 12
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 1|as authorized in subsection B of Section 2603 of this title if the     |
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 2|student is a member of the Armed Forces of the United States, the      |
  |                                                                       |
 3|Reserve Corps of the Armed Forces of the United States, or the         |
  |                                                                       |
 4|Oklahoma National Guard, and is ordered to active duty or active       |
  |                                                                       |
 5|duty for special work or training and due to the duty commitment the   |
  |                                                                       |
 6|student is unable to enroll prior to the end of the three-year         |
  |                                                                       |
 7|period or before the student reaches twenty-one (21) years of age.     |
  |                                                                       |
 8|The period shall be extended by the length of the term of duty.        |
  |                                                                       |
 9|    3. 4.  The Oklahoma State Regents for Higher Education shall       |
  |                                                                       |
10|establish a maximum limit on the number of courses or other            |
  |                                                                       |
11|postsecondary units to which Oklahoma Higher Learning Access Program   |
  |                                                                       |
12|benefits will apply.                                                   |
  |                                                                       |
13|    E.  Benefits awarded under the Oklahoma Higher Learning Access     |
  |                                                                       |
14|Program shall be awarded to all eligible applicants without any        |
  |                                                                       |
15|limitation on the number of awards in any year other than the amount   |
  |                                                                       |
16|of funds available for the program and the number of eligible          |
  |                                                                       |
17|applicants.  Subject to the provisions of subsection F of this         |
  |                                                                       |
18|section, if funds are not sufficient to provide awards for all         |
  |                                                                       |
19|eligible applicants, the Oklahoma State Regents for Higher Education   |
  |                                                                       |
20|shall make awards on the basis of need.  Provided, the Oklahoma        |
  |                                                                       |
21|State Regents for Higher Education shall take into consideration       |
  |                                                                       |
22|other grants and scholarships received by an eligible applicant when   |
  |                                                                       |
23|making awards.                                                         |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 13
___________________________________________________________________________

 1|    F.  The Oklahoma State Regents for Higher Education may, at the    |
  |                                                                       |
 2|time an award is made on behalf of an Oklahoma Higher Learning         |
  |                                                                       |
 3|Access Program student, set aside in the Oklahoma Higher Learning      |
  |                                                                       |
 4|Access Trust Fund funds for the full commitment made to such Higher    |
  |                                                                       |
 5|Learning Access Program student.  For all academic years, students     |
  |                                                                       |
 6|who have previously received awards under the provisions of the        |
  |                                                                       |
 7|Oklahoma Higher Learning Access Act, Section 2601 et seq. of this      |
  |                                                                       |
 8|title, and who have continued at all times to fulfill the              |
  |                                                                       |
 9|requirements for eligibility to receive awards provided pursuant to    |
  |                                                                       |
10|this program shall be given an absolute priority for continued         |
  |                                                                       |
11|financial support by the Oklahoma Higher Learning Access Program       |
  |                                                                       |
12|superior to any students who are applying for such benefits for the    |
  |                                                                       |
13|first time.                                                            |
  |                                                                       |
14|    G.  Beginning with the 2018-2019 academic year, an award allowed   |
  |                                                                       |
15|by this section shall not include an amount for payment of remedial    |
  |                                                                       |
16|noncredit-earning courses taken by an eligible Oklahoma Higher         |
  |                                                                       |
17|Learning Access Program student.                                       |
  |                                                                       |
18|    H.  1.  If a student who entered into participation in the         |
  |                                                                       |
19|program beginning in the 2021-2022 school year does not complete the   |
  |                                                                       |
20|courses or other postsecondary units required for a baccalaureate      |
  |                                                                       |
21|program or a postsecondary vocational-technical program within six     |
  |                                                                       |
22|(6) years after the student's first semester of postsecondary          |
  |                                                                       |
23|enrollment as provided for in subsection D of this section, the        |
  |                                                                       |
24|student shall be required to repay the full amount of the award        |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 14
___________________________________________________________________________

 1|provided pursuant to this section.  The student shall enter into a     |
  |                                                                       |
 2|repayment agreement with the institution of higher education or the    |
  |                                                                       |
 3|technology center school in which the student was enrolled.            |
  |                                                                       |
 4|Repayments shall be deposited into the Oklahoma Higher Learning        |
  |                                                                       |
 5|Access Trust Fund.                                                     |
  |                                                                       |
 6|    2.  In determining the repayment amount, the institution of        |
  |                                                                       |
 7|higher education or technology center school in which the student      |
  |                                                                       |
 8|was enrolled may consider hardship circumstances on a case-by-case     |
  |                                                                       |
 9|basis.                                                                 |
  |                                                                       |
10|    SECTION 4.     AMENDATORY     70 O.S. 2011, Section 2605, as       |
  |                                                                       |
11|last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.     |
  |                                                                       |
12|2020, Section 2605), is amended to read as follows:                    |
  |                                                                       |
13|    Section 2605.  A.  Each school year, every fifth- through          |
  |                                                                       |
14|ninth-grade student in the public and private schools of this state    |
  |                                                                       |
15|and students who are educated by other means and are in the            |
  |                                                                       |
16|equivalent of the fifth through ninth grade shall be apprised,         |
  |                                                                       |
17|together with the parent, custodial parent, or guardian of the         |
  |                                                                       |
18|student, of the opportunity for access to higher learning under the    |
  |                                                                       |
19|Oklahoma Higher Learning Access Program.  The Oklahoma State Regents   |
  |                                                                       |
20|for Higher Education and the State Board of Education shall develop,   |
  |                                                                       |
21|promote, and coordinate a public awareness program to be utilized in   |
  |                                                                       |
22|making students and parents aware of the Oklahoma Higher Learning      |
  |                                                                       |
23|Access Program.                                                        |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 15
___________________________________________________________________________

 1|    B.  On a form provided by the Oklahoma State Regents for Higher    |
  |                                                                       |
 2|Education, every public school district shall designate at least one   |
  |                                                                       |
 3|Oklahoma Higher Learning Access Program contact person, who shall be   |
  |                                                                       |
 4|a counselor or teacher, at each public school site in this state in    |
  |                                                                       |
 5|which eighth-, ninth- or tenth-grade classes are taught.  When         |
  |                                                                       |
 6|requested by the State Regents, the State Board of Education shall     |
  |                                                                       |
 7|assist the State Regents to ensure the designation of contact          |
  |                                                                       |
 8|persons.  Private schools shall also designate at least one school     |
  |                                                                       |
 9|official as a contact person.  For students who are educated by        |
  |                                                                       |
10|other means, a parent or guardian or other person approved by the      |
  |                                                                       |
11|State Regents shall be designated the contact person.                  |
  |                                                                       |
12|    C.  1.  Students who qualify on the basis of financial need        |
  |                                                                       |
13|according to subsection D or E of this section or who meet the         |
  |                                                                       |
14|eligibility qualification set forth in subparagraph a of paragraph 1   |
  |                                                                       |
15|of subsection B of Section 2603 of this title prior to entering the    |
  |                                                                       |
16|tenth grade or prior to reaching the age of fifteen (15) and the       |
  |                                                                       |
17|standards and provisions promulgated by the Oklahoma State Regents     |
  |                                                                       |
18|for Higher Education shall be given the opportunity throughout the     |
  |                                                                       |
19|eighth-, ninth-, and tenth-grade years, for students enrolled in a     |
  |                                                                       |
20|public or private school, or between the ages of thirteen (13) and     |
  |                                                                       |
21|fifteen (15), for students who are educated by other means, to enter   |
  |                                                                       |
22|into participation in the program by agreeing to, throughout the       |
  |                                                                       |
23|remainder of their school years or educational program:                |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 16
___________________________________________________________________________

 1|         a.    attend school or an educational program regularly and   |
  |                                                                       |
 2|              do homework regularly,                                   |
  |                                                                       |
 3|         b.    refrain from substance abuse,                           |
  |                                                                       |
 4|         c.    refrain from commission of crimes or delinquent acts,   |
  |                                                                       |
 5|                                                                       |
  |                                                                       |
 6|         d.    have school work and school records reviewed by         |
  |                                                                       |
 7|              mentors designated pursuant to the program,              |
  |                                                                       |
 8|         e.    provide information requested by the Oklahoma State     |
  |                                                                       |
 9|              Regents for Higher Education or the State Board of       |
  |                                                                       |
10|              Education, and                                           |
  |                                                                       |
11|         f.    participate in program activities.                      |
  |                                                                       |
12|    2.  Students who meet the eligibility qualification set forth in   |
  |                                                                       |
13|subparagraph a of paragraph 1 of subsection B of Section 2603 of       |
  |                                                                       |
14|this title after completing the tenth grade or after reaching the      |
  |                                                                       |
15|age of sixteen (16) shall be given the opportunity prior to reaching   |
  |                                                                       |
16|the age of twenty-one (21) to enter into participation in the          |
  |                                                                       |
17|program and shall execute an agreement with provisions as determined   |
  |                                                                       |
18|by the Oklahoma State Regents for Higher Education.                    |
  |                                                                       |
19|    3.  The contact person shall maintain the agreements, which        |
  |                                                                       |
20|shall be executed on forms provided by the Oklahoma State Regents      |
  |                                                                       |
21|for Higher Education and managed according to regulations              |
  |                                                                       |
22|promulgated by the Oklahoma State Regents for Higher Education, and    |
  |                                                                       |
23|the contact person shall monitor compliance of the student with the    |
  |                                                                       |
24|terms of the agreement.  The Oklahoma State Regents for Higher         |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 17
___________________________________________________________________________

 1|Education are authorized to process student agreements and verify      |
  |                                                                       |
 2|compliance with the agreements.  Students failing to comply with the   |
  |                                                                       |
 3|terms of the agreement shall not be eligible for the awards provided   |
  |                                                                       |
 4|in Section 2604 of this title.                                         |
  |                                                                       |
 5|    D.  Except as otherwise provided for in subsection E of this       |
  |                                                                       |
 6|section and except for students who qualify pursuant to subsection B   |
  |                                                                       |
 7|of Section 2603 of this title, a student shall not be found to be in   |
  |                                                                       |
 8|financial need for purposes of the Oklahoma Higher Learning Access     |
  |                                                                       |
 9|Program if:                                                            |
  |                                                                       |
10|    1.  At the time the student applies for participation in the       |
  |                                                                       |
11|program during the eighth, ninth or tenth grade for students           |
  |                                                                       |
12|enrolled in a public or private school, or between the ages of         |
  |                                                                       |
13|thirteen (13) and fifteen (15), for students who are educated by       |
  |                                                                       |
14|other means, the income from taxable and nontaxable sources of the     |
  |                                                                       |
15|student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per    |
  |                                                                       |
16|year;                                                                  |
  |                                                                       |
17|    2.  Beginning with eighth-, ninth- or tenth-grade students who     |
  |                                                                       |
18|are enrolled in a public or private school or students between the     |
  |                                                                       |
19|ages of thirteen (13) and fifteen (15) who are educated by other       |
  |                                                                       |
20|means who apply for participation in the program in the 2017-2018      |
  |                                                                       |
21|school year, the federal adjusted gross income of the student's        |
  |                                                                       |
22|parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;   |
  |                                                                       |
23|    3.  Beginning with eighth-, ninth- or tenth-grade students who     |
  |                                                                       |
24|are enrolled in a public or private school or students between the     |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 18
___________________________________________________________________________

 1|ages of thirteen (13) and fifteen (15) who are educated by other       |
  |                                                                       |
 2|means who apply for participation in the program in the 2021-2022      |
  |                                                                       |
 3|school year, the federal adjusted gross income of the student's        |
  |                                                                       |
 4|parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per year;        |
  |                                                                       |
 5|    4.  At the time the student begins postsecondary education and     |
  |                                                                       |
 6|prior to receiving any Oklahoma Higher Learning Access Program         |
  |                                                                       |
 7|benefit award, the federal adjusted gross income of the student's      |
  |                                                                       |
 8|parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per       |
  |                                                                       |
 9|year; and                                                              |
  |                                                                       |
10|    5.  Beginning with the 2018-2019 academic year, prior to           |
  |                                                                       |
11|receiving any Oklahoma Higher Learning Access Program benefit award    |
  |                                                                       |
12|for any year during which the student is enrolled in an institution    |
  |                                                                       |
13|which is a member of The Oklahoma State System of Higher Education,    |
  |                                                                       |
14|a postsecondary vocational-technical program offered by a technology   |
  |                                                                       |
15|center school that meets the requirements to be eligible for federal   |
  |                                                                       |
16|student financial aid or that has been identified as a critical        |
  |                                                                       |
17|occupation area pursuant to Section 5 of this act, or a private        |
  |                                                                       |
18|institution of higher learning located within this state and           |
  |                                                                       |
19|accredited pursuant to Section 4103 of this title, the federal         |
  |                                                                       |
20|adjusted gross income of the student's parent(s) exceeds One Hundred   |
  |                                                                       |
21|Thousand Dollars ($100,000.00) per year.                               |
  |                                                                       |
22|    The determination of financial qualification as set forth in       |
  |                                                                       |
23|paragraphs 4 and 5 of this subsection shall be based on the income     |
  |                                                                       |
24|of the student, not the income of the parent(s), if a student:         |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 19
___________________________________________________________________________

 1|         a.   is determined to be independent of the student's         |
  |                                                                       |
 2|              parents for federal financial aid purposes,              |
  |                                                                       |
 3|         b.   was in the permanent custody of the Department of        |
  |                                                                       |
 4|              Human Services at the time the student enrolled in the   |
  |                                                                       |
 5|              program, or                                              |
  |                                                                       |
 6|         c.   was in the court-ordered custody of a federally          |
  |                                                                       |
 7|              recognized Indian tribe, as defined by the federal       |
  |                                                                       |
 8|              Indian Child Welfare Act, at the time the student        |
  |                                                                       |
 9|              enrolled in the program.                                 |
  |                                                                       |
10|    The provisions of this paragraph shall apply to any student who    |
  |                                                                       |
11|has received an Oklahoma Higher Learning Access Program benefit        |
  |                                                                       |
12|award after the 2017-2018 school year;                                 |
  |                                                                       |
13|    6.  The Oklahoma State Regents for Higher Education shall review   |
  |                                                                       |
14|the determination of financial qualification as set forth in           |
  |                                                                       |
15|paragraphs 1, 2 and 3 of this subsection if the income from taxable    |
  |                                                                       |
16|and nontaxable sources of the student's parent(s) includes income      |
  |                                                                       |
17|received from nontaxable military benefits or income received from     |
  |                                                                       |
18|the federal Social Security Administration due to the death or         |
  |                                                                       |
19|disability of the student's parent(s).  If the income from taxable     |
  |                                                                       |
20|and nontaxable sources of the student's parent(s), excluding income    |
  |                                                                       |
21|received from nontaxable military benefits or income received from     |
  |                                                                       |
22|the federal Social Security Administration due to the death or         |
  |                                                                       |
23|disability of the student's parent(s), does not exceed the             |
  |                                                                       |
24|limitations set forth by paragraphs 1, 2 and 3 of this subsection,     |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 20
___________________________________________________________________________

 1|the student shall be determined to have met the financial              |
  |                                                                       |
 2|qualification set forth in paragraphs 1, 2 and 3 of this subsection.   |
  |                                                                       |
 3|    E.  1.  A student who was adopted between birth and twelve (12)    |
  |                                                                       |
 4|years of age while in the permanent custody of the Department of       |
  |                                                                       |
 5|Human Services, in the court-ordered custody of a licensed private     |
  |                                                                       |
 6|nonprofit child-placing agency, or federally recognized Indian         |
  |                                                                       |
 7|tribe, as defined by the federal Indian Child Welfare Act, shall not   |
  |                                                                       |
 8|be found to be in financial need for purposes of the Oklahoma Higher   |
  |                                                                       |
 9|Learning Access Program if at the time the student begins              |
  |                                                                       |
10|postsecondary education and prior to receiving any Oklahoma Higher     |
  |                                                                       |
11|Learning Access Program benefit award, the federal adjusted gross      |
  |                                                                       |
12|income of the student's parent(s) exceeds One Hundred Fifty Thousand   |
  |                                                                       |
13|Dollars ($150,000.00) per year.  The provisions of this paragraph      |
  |                                                                       |
14|shall not apply to any student who has received an Oklahoma Higher     |
  |                                                                       |
15|Learning Access Program benefit award prior to the 2012-2013 school    |
  |                                                                       |
16|year.                                                                  |
  |                                                                       |
17|    2.  A student who was adopted between thirteen (13) and            |
  |                                                                       |
18|seventeen (17) years of age while in the permanent custody of the      |
  |                                                                       |
19|Department of Human Services, in the court-ordered custody of a        |
  |                                                                       |
20|licensed private nonprofit child-placing agency, or federally          |
  |                                                                       |
21|recognized Indian tribe, as defined by the federal Indian Child        |
  |                                                                       |
22|Welfare Act, shall not be found to be in financial need for purposes   |
  |                                                                       |
23|of the Oklahoma Higher Learning Access Program if at the time the      |
  |                                                                       |
24|student begins postsecondary education and prior to receiving any      |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 21
___________________________________________________________________________

 1|Oklahoma Higher Learning Access Program benefit award, the federal     |
  |                                                                       |
 2|adjusted gross income of the student's parent(s) exceeds Two Hundred   |
  |                                                                       |
 3|Thousand Dollars ($200,000.00) per year.  The provisions of this       |
  |                                                                       |
 4|paragraph shall not apply to any student who has received an           |
  |                                                                       |
 5|Oklahoma Higher Learning Access Program benefit award prior to the     |
  |                                                                       |
 6|2012-2013 school year.                                                 |
  |                                                                       |
 7|    3.  Except for students who qualify pursuant to subsection B of    |
  |                                                                       |
 8|Section 2603 of this title, the determination of financial             |
  |                                                                       |
 9|qualification as set forth in this subsection shall be based on the    |
  |                                                                       |
10|income of the student, not the income of the parent(s), if the         |
  |                                                                       |
11|student is determined to be independent of the student's parent(s)     |
  |                                                                       |
12|for federal financial aid purposes.  A determination of financial      |
  |                                                                       |
13|qualification shall not be required for the student who meets the      |
  |                                                                       |
14|criteria set forth in this subsection at the time the student          |
  |                                                                       |
15|applies for participation in the program.  The provisions of this      |
  |                                                                       |
16|paragraph shall not apply to any student who has received an           |
  |                                                                       |
17|Oklahoma Higher Learning Access Program benefit award prior to the     |
  |                                                                       |
18|2008-2009 school year.                                                 |
  |                                                                       |
19|    F.  The financial qualification of a student as set forth in       |
  |                                                                       |
20|subsections D and E of this section shall be certified by the          |
  |                                                                       |
21|contact person or by the Oklahoma State Regents for Higher Education   |
  |                                                                       |
22|on the agreement form provided by the Oklahoma State Regents for       |
  |                                                                       |
23|Higher Education.  The form shall be retained in the permanent         |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 22
___________________________________________________________________________

 1|record of the student and a copy forwarded to the Oklahoma State       |
  |                                                                       |
 2|Regents for Higher Education.                                          |
  |                                                                       |
 3|    G.  Agreements shall be witnessed by the parent, custodial         |
  |                                                                       |
 4|parent, or guardian of the student, who shall further agree to:        |
  |                                                                       |
 5|    1.  Assist the student in achieving compliance with the            |
  |                                                                       |
 6|agreements;                                                            |
  |                                                                       |
 7|    2.  Confer, when requested to do so, with the school contact       |
  |                                                                       |
 8|person, other school personnel, and program mentors;                   |
  |                                                                       |
 9|    3.  Provide information requested by the Oklahoma State Regents    |
  |                                                                       |
10|for Higher Education or the State Board of Education; and              |
  |                                                                       |
11|    4.  Assist the student in completing forms and reports required    |
  |                                                                       |
12|for program participation, making applications to institutions and     |
  |                                                                       |
13|schools of higher learning, and filing applications for student        |
  |                                                                       |
14|grants and scholarships.                                               |
  |                                                                       |
15|    H.  Students who are enrolled in a school district located in      |
  |                                                                       |
16|this state that serves students who reside in both this state and an   |
  |                                                                       |
17|adjacent state pursuant to a contract as authorized in Section         |
  |                                                                       |
18|5-117.1 of this title, are in the eleventh and twelfth grades during   |
  |                                                                       |
19|the 2006-2007 school year, and who were denied participation in the    |
  |                                                                       |
20|program shall be allowed to enter or reenter into participation in     |
  |                                                                       |
21|the program by entering into agreements as set forth in subsections    |
  |                                                                       |
22|C and D of this section by June 1, 2008.                               |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 23
___________________________________________________________________________

 1|    I.  The Oklahoma State Regents for Higher Education shall          |
  |                                                                       |
 2|promulgate rules for the determination of student compliance with      |
  |                                                                       |
 3|agreements made pursuant to this section.                              |
  |                                                                       |
 4|    J.  The Oklahoma State Regents for Higher Education shall          |
  |                                                                       |
 5|designate personnel to coordinate tracking of program records for      |
  |                                                                       |
 6|the years when students participating in the program are still in      |
  |                                                                       |
 7|the schools or are being educated by other means, provide staff        |
  |                                                                       |
 8|development for contact persons in the schools, and provide liaison    |
  |                                                                       |
 9|with the State Board of Education and local organizations and          |
  |                                                                       |
10|individuals participating in the program.                              |
  |                                                                       |
11|    K.  The school district where an Oklahoma Higher Learning Access   |
  |                                                                       |
12|Program student is enrolled when the student begins participation in   |
  |                                                                       |
13|the program and any subsequent school district where the student       |
  |                                                                       |
14|enrolls shall forward information regarding participation by the       |
  |                                                                       |
15|student in the program to a school to which the student transfers      |
  |                                                                       |
16|upon the request of the school for the records of the student.         |
  |                                                                       |
17|    L.  Students participating in the Oklahoma Higher Learning         |
  |                                                                       |
18|Access Program shall provide their Social Security number or their     |
  |                                                                       |
19|student identification number used by their school to the Oklahoma     |
  |                                                                       |
20|State Regents for Higher Education.  The Regents shall keep the        |
  |                                                                       |
21|numbers confidential and use them only for administrative purposes.    |
  |                                                                       |
22|    SECTION 5.     NEW LAW     A new section of law to be codified     |
  |                                                                       |
23|in the Oklahoma Statutes as Section 2607 of Title 70, unless there     |
  |                                                                       |
24|is created a duplication in numbering, reads as follows:               |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 24
___________________________________________________________________________

 1|    A.  The Executive Director of the Oklahoma Department of           |
  |                                                                       |
 2|Commerce, in consultation with the Oklahoma State Regents for Higher   |
  |                                                                       |
 3|Education, shall publish no later than October 1, 2021, and June 30    |
  |                                                                       |
 4|each subsequent year a list of critical occupation areas that meet     |
  |                                                                       |
 5|the guidelines of the identified core competencies of the state        |
  |                                                                       |
 6|based on wealth generation, growth potential and competitive           |
  |                                                                       |
 7|advantage.                                                             |
  |                                                                       |
 8|    B.  The Oklahoma State Regents for Higher Education, in            |
  |                                                                       |
 9|consultation with the State Board of Career and Technology             |
  |                                                                       |
10|Education, shall identify postsecondary vocational-technical           |
  |                                                                       |
11|programs that correlate to critical occupation areas identified by     |
  |                                                                       |
12|the executive director pursuant to this section.                       |
  |                                                                       |
13|    C.  1.  Beginning with the 2022-2023 academic year, a student      |
  |                                                                       |
14|who receives an award pursuant to Section 2604 of Title 70 of the      |
  |                                                                       |
15|Oklahoma Statutes and enrolls in a postsecondary                       |
  |                                                                       |
16|vocational-technical program that has been identified as a critical    |
  |                                                                       |
17|occupation area pursuant to this section shall complete the program    |
  |                                                                       |
18|within six (6) years after the student's first semester of             |
  |                                                                       |
19|postsecondary enrollment.                                              |
  |                                                                       |
20|    2.  A student who receives an award pursuant to Section 2604 of    |
  |                                                                       |
21|Title 70 of the Oklahoma Statutes and enrolls in a postsecondary       |
  |                                                                       |
22|vocational-technical program that has been identified as a critical    |
  |                                                                       |
23|occupation area pursuant to this section may complete prescribed       |
  |                                                                       |
24|coursework for program completion regardless of whether the program    |
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arsid14955566 (Floor Amendments Only)                              Page 25
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 1|is included on the most current list published by the Executive        |
  |                                                                       |
 2|Director of the Department of Commerce as long as program completion   |
  |                                                                       |
 3|is achieved within six (6) years of the student's enrollment.          |
  |                                                                       |
 4|    3.  If a student does not complete the postsecondary               |
  |                                                                       |
 5|vocational-technical program that has been identified as a critical    |
  |                                                                       |
 6|occupation area pursuant to this section within six (6) years, the     |
  |                                                                       |
 7|student shall be required to repay the full amount of the award        |
  |                                                                       |
 8|provided pursuant to this section.  The student shall enter into a     |
  |                                                                       |
 9|repayment agreement with the technology center school.  Repayments     |
  |                                                                       |
10|shall be deposited into the Oklahoma Higher Learning Access Trust      |
  |                                                                       |
11|Fund.  In determining the repayment amount, the technology center      |
  |                                                                       |
12|school may consider hardship circumstances on a case-by-case basis.    |
  |                                                                       |
13|    D.  The State Regents for Higher Education and the State Board     |
  |                                                                       |
14|of Career and Technology Education may promulgate rules to implement   |
  |                                                                       |
15|the provisions of this section.                                        |
  |                                                                       |
16|    SECTION 6.  This act shall become effective July 1, 2021.          |
  |                                                                       |
17|    SECTION 7.  It being immediately necessary for the preservation    |
  |                                                                       |
18|of the public peace, health or safety, an emergency is hereby          |
  |                                                                       |
19|declared to exist, by reason whereof this act shall take effect and    |
  |                                                                       |
20|be in full force from and after its passage and approval.              |
  |                                                                       |
21|    Passed the Senate the 11th day of March, 2021.                     |
  |                                                                       |
22|                                                                       |
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23|                                                                       |
  |                                    Presiding Officer of the Senate    |
24|                                                                       |
  |                                                                       |
arsid14955566 (Floor Amendments Only)                              Page 26
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 1|    Passed the House of Representatives the ____ day of __________,    |
  |                                                                       |
 2|2021.                                                                  |
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 3|                                                                       |
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 4|                                                                       |
  |                                     Presiding Officer of the House    |
 5|                                                 of Representatives    |
  |                                                                       |
 6|                                                                       |
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 7|                                                                       |
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 8|                                                                       |
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 9|                                                                       |
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10|                                                                       |
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11|                                                                       |
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12|                                                                       |
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13|                                                                       |
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14|                                                                       |
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15|                                                                       |
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16|                                                                       |
  |                                                                       |
17|                                                                       |
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18|                                                                       |
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19|                                                                       |
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20|                                                                       |
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21|                                                                       |
  |                                                                       |
22|                                                                       |
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23|                                                                       |
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24|                                                                       |
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arsid14955566 (Floor Amendments Only)                              Page 27
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