1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3792 By: Hefner and McBride
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6 AS INTRODUCED
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7 An Act relating to higher education; creating the
7 Oklahoma Opportunity Scholarship Act; defining terms;
8 creating the Oklahoma Opportunity Scholarship
8 Program; providing purpose of program; providing for
9 award amount; providing eligibility criteria for
9 program; providing retention eligibility criteria for
10 program; providing for promulgation of rules;
10 providing for calculation of scholarship program
11 award to be allocated from certain fund; directing
11 benefits to be awarded to certain eligible applicants
12 subject to availability of funding and the number of
12 eligible applicants; directing the Oklahoma State
13 Regents for Higher Education to make awards on a
13 certain basis if certain funds are insufficient;
14 allowing the State Regents to take into consideration
14 certain grants and scholarships; prohibiting award
15 from being allowed for certain courses or units taken
15 after certain period of time; allowing award for
16 certain courses or units taken after certain period
16 of time under certain circumstances; allowing the
17 State Regents to set aside certain funds for certain
17 full commitment; directing priority to be given to
18 certain continued support; providing for calculation
18 of financial need; amending 70 O.S. 2021, Section
19 3953.1, which relates to the Oklahoma Higher Learning
19 Access Trust Fund; updating statutory language;
20 expanding use of fund for certain purpose; providing
20 for codification; providing an effective date; and
21 declaring an emergency.
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 1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2 SECTION 1. NEW LAW A new section of law to be codified
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3 in the Oklahoma Statutes as Section 2501 of Title 70, unless there
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4 is created a duplication in numbering, reads as follows:
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5 A. This act shall be known and may be cited as the “Oklahoma
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6 Opportunity Scholarship Act”.
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7 B. As used in this act:
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8 1. “CTP program” means a degree, certificate, or nondegree
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9 program that:
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10 a. is offered by an institution of higher education or a
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11 technology center school,
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12 b. is delivered to students physically attending the
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13 institution of higher education or technology center
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14 school,
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15 c. is designed to support students with intellectual
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16 disabilities who are seeking to continue academic,
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17 career and technical, and independent living
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18 instruction at an institution of higher education or
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19 technology center school to prepare for gainful
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20 employment,
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21 d. includes an advising and curriculum structure,
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22 e. requires students with intellectual disabilities to
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23 participate on not less than a half-time basis as
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24 determined by the institution of higher education or
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 1 technology center school, with participation focusing
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2 on academic components and occurring through one or
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3 more of the following activities:
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4 (1) regular enrollment in credit-bearing courses with
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5 nondisabled students offered by the institution
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6 of higher education or technology center school,
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7 (2) auditing or participating in courses with
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8 nondisabled students offered by the institution
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9 for higher education or technology center school
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10 for which the student does not receive regular
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11 academic credit,
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12 (3) enrollment in noncredit-bearing, nondegree
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13 courses with nondisabled students, or
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14 (4) participation in internships or work-based
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15 training in settings with nondisabled persons,
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16 f. requires students with intellectual disabilities to be
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17 socially and academically integrated with nondisabled
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18 students to the maximum extent possible, and
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19 g. is approved by the United States Department of
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20 Education pursuant to Public Law 110-315, the Higher
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21 Education Opportunity Act, as amended;
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22 2. “Eligible student” means a student with an intellectual
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23 disability who is eligible for the scholarship program;
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 1 3. “Scholarship program” means the Oklahoma Opportunity
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2 Scholarship Program;
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3 4. “State educational institution” means an institution of
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4 higher education or technology center school supported wholly or in
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5 part by direct legislative appropriations that provides a CTP
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6 program;
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7 5. “State Regents” means the Oklahoma State Regents for Higher
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8 Education; and
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9 6. “Student with an intellectual disability” means a student:
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10 a. with a cognitive impairment, characterized by
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11 significant limitations in intellectual and cognitive
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12 functioning and adaptive behavior as expressed in
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13 conceptual, social, and practical adaptive skills, and
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14 b. who is currently or was formerly eligible for a free
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15 appropriate public education under the Individuals
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16 with Disabilities Education Act (IDEA), including a
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17 student who was determined eligible for special
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18 education or related services under IDEA but attended
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19 a private school or was educated pursuant to the other
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20 means of education exception provided for in
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21 subsection A of Section 10-105 of Title 70 of the
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22 Oklahoma Statutes.
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23 C. There is hereby created a program to be known as the
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24 Oklahoma Opportunity Scholarship Program. The purpose of the
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 1 scholarship program is to provide an award to eligible students with
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2 intellectual disabilities who are pursuing studies in this state at
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3 a CTP program. The award shall be an amount equal to the
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4 nonguaranteed resident tuition at an institution of higher education
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5 or the tuition at a technology center school.
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6 D. A student with an intellectual disability shall be eligible
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7 for the Oklahoma Opportunity Scholarship Program if the student:
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8 1. Is a resident of this state or enrolled in a school district
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9 located in this state that serves students who reside in both this
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10 state and an adjacent state pursuant to a contract authorized by
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11 Section 5-117.1 of Title 70 of the Oklahoma Statutes;
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12 2. Is a United States citizen or lawfully present in the United
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13 States. A student who is not a United States citizen or lawfully
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14 present in the United States shall not be eligible to participate in
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15 the scholarship program and qualify for an award;
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16 3. Has graduated within the previous six (6) years from a
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17 public high school accredited by the State Board of Education or a
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18 private school, or has satisfactorily completed, within the previous
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19 six (6) years, an educational program that was provided through a
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20 means other than a public or private school;
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21 4. Has secured admission to and enrolled in a CTP program at a
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22 state educational institution that meets the requirements to be
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23 eligible for federal student financial aid; and
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 1 5. Has established financial need according to the provisions
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2 of Section 3 of this act and standards and provisions promulgated by
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3 the State Regents.
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4 E. To retain eligibility in the scholarship program, a student
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5 with an intellectual disability shall:
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6 1. Meet the requirements for retention and completion as
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7 established by the state educational institution where the student
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8 is enrolled;
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9 2. Maintain satisfactory academic progress as required by the
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10 CTP program criteria;
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11 3. Comply with the standards related to maintenance of
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12 eligibility as promulgated by the State Regents; and
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13 4. Refrain from conduct that leads to expulsion or suspension
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14 of more than one semester from a state educational institution. A
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15 student who violates the provisions of this paragraph shall
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16 permanently lose eligibility for scholarship program benefits.
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17 F. The State Regents shall promulgate rules relating to the
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18 establishment and maintenance of eligibility under the scholarship
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19 program.
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20 SECTION 2. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 2502 of Title 70, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. Subject to the availability of funds, an amount equivalent
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24 to the nonguaranteed resident tuition at an institution of higher
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 1 education or the tuition at a technology center school where the
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2 eligible student is enrolled in a CTP program shall be awarded by
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3 allocation from the Oklahoma Higher Learning Access Trust Fund
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4 created pursuant to Section 3953.1 of Title 70 of the Oklahoma
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5 Statutes.
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6 B. Benefits awarded through the scholarship program shall be
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7 awarded to all eligible student applicants without any limitation on
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8 the number of awards in any year other than the amount of funds
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9 available for the scholarship program and the number of eligible
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10 student applicants. Subject to the provisions of subsection C of
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11 this section, if funds are not sufficient to provide awards for all
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12 eligible student applicants, the Oklahoma State Regents for Higher
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13 Education shall make awards on the basis of need. Provided, the
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14 State Regents may take into consideration other grants and
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15 scholarships received by an eligible student applicant when making
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16 awards.
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17 C. An award provided by this section shall not be allowed for
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18 courses or other postsecondary units taken more than five (5) years
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19 after the eligible student’s first semester of postsecondary
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20 enrollment. The State Regents may award the scholarship program
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21 benefits for courses or other postsecondary units taken more than
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22 five (5) years after the eligible student’s first semester of
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23 postsecondary enrollment only in hardship circumstances; provided,
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 1 however, no eligible student may receive benefits beyond a
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2 cumulative time period of five (5) years.
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3 D. The State Regents may, at the time an award is made on
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4 behalf of an eligible student, set aside in the Oklahoma Higher
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5 Learning Access Trust Fund funds for the full commitment made to the
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6 student. For all academic years, students who have previously
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7 received awards under the provisions of the Oklahoma Opportunity
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8 Scholarship Act and who have continued at all times to fulfill the
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9 requirements for eligibility to receive awards provided pursuant to
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10 the scholarship program shall be given an absolute priority for
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11 continued financial support by the scholarship program above any
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12 students who are applying for an award for the first time.
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13 SECTION 3. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 2503 of Title 70, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. Except as otherwise provided in subsection B of this
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17 section, a student with an intellectual disability shall not be
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18 found to be in financial need for purposes of the Oklahoma
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19 Opportunity Scholarship Act if prior to receiving any scholarship
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20 program award for any year during which the student is enrolled in a
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21 CTP program at a state educational institution, the federal adjusted
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22 gross income of the student’s parents or legal guardians exceeds One
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23 Hundred Thousand Dollars ($100,000.00) per year. The determination
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24 of financial qualification provided in this subsection shall be
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 1 based on the income of the student, not the income of the parents or
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2 legal guardians, if a student is determined to be independent of his
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3 or her parents or legal guardians for federal financial aid
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4 purposes.
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5 B. 1. A student with an intellectual disability who was
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6 adopted between birth and twelve (12) years of age while in the
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7 permanent custody of the Department of Human Services, in the court-
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8 ordered custody of a licensed private nonprofit child-placing
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9 agency, or federally recognized Indian tribe, as defined by the
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10 federal Indian Child Welfare Act, shall not be found to be in
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11 financial need for purposes of the Oklahoma Opportunity Scholarship
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12 Act if, prior to receiving any scholarship program award for any
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13 year during which the student is enrolled in a CTP program at a
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14 state educational institution, the federal adjusted gross income of
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15 the student’s parents exceeds One Hundred Fifty Thousand Dollars
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16 ($150,000.00) per year.
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17 2. A student with an intellectual disability who was adopted
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18 between thirteen (13) and seventeen (17) years of age while in the
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19 permanent custody of the Department of Human Services, in the court-
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20 ordered custody of a licensed private nonprofit child-placing
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21 agency, or federally recognized Indian tribe, as defined by the
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22 federal Indian Child Welfare Act, shall not be found to be in
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23 financial need for purposes of the Oklahoma Opportunity Scholarship
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24 Act if, prior to receiving any scholarship program award for any
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 1 year during which the student is enrolled in a CTP program at a
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2 state educational institution, the federal adjusted gross income of
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3 the student’s parents exceeds Two Hundred Thousand Dollars
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4 ($200,000.00) per year.
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5 3. The determination of financial qualification provided for in
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6 this subsection shall be based on the income of the student, not the
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7 income of the student’s parents, if the student is determined to be
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8 independent of the student’s parents for federal financial aid
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9 purposes.
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10 SECTION 4. AMENDATORY 70 O.S. 2021, Section 3953.1, is
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11 amended to read as follows:
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12 Section 3953.1 A. There is hereby created a trust fund to be
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13 known as the “Oklahoma Higher Learning Access Trust Fund”. The
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14 Oklahoma State Regents for Higher Education shall be the trustees of
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15 said the Trust Fund.
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16 B. The State Regents shall utilize said the Trust Fund to
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17 implement the provisions of Sections 2601 through 2605 of this title
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18 and Sections 1 through 3 of this act.
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19 C. The Trust Fund principal shall consist of monies the
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20 Legislature appropriates or transfers to the Oklahoma State Regents
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21 for Higher Education for the Trust Fund and any monies or ass