1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 639 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Higher Learning
7 Access Program; amending 70 O.S. 2011, Section 2602,
8 as amended by Section 1, Chapter 289, O.S.L. 2017 (70
8 O.S. Supp. 2020, Section 2602), which relates to the
9 purpose of the program; allowing the program to
9 include certain identified postsecondary career
10 technology programs; amending 70 O.S. 2011, Section
10 2603, as last amended by Section 2, Chapter 289,
11 O.S.L. 2017 (70 O.S. Supp. 2020, Section 2603), which
11 relates to eligibility for the program; adding
12 reference to certain identified postsecondary
12 vocational-technical program; directing the Executive
13 Director of the Oklahoma Department of Commerce in
13 certain consultation to publish certain list by
14 certain date; providing for identification of
14 postsecondary vocational-technical programs that
15 correlate to certain occupation areas; requiring
15 completion of certain program within certain time
16 period; allowing completion of program regardless of
16 placement on certain list; requiring repayment of
17 award if program is not completed within certain time
17 period; providing for promulgation of rules;
18 providing for codification; providing an effective
18 date; and declaring an emergency.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. AMENDATORY 70 O.S. 2011, Section 2602, as
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23 amended by Section 1, Chapter 289, O.S.L. 2017 (70 O.S. Supp. 2020,
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24 Section 2602), is amended to read as follows:
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 1 Section 2602. There is hereby created the Oklahoma Higher
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2 Learning Access Program. The program shall also be known as
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3 “Oklahoma’s Promise”. The purpose of the program is to provide an
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4 award to students who meet the criteria set forth in the Oklahoma
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5 Higher Learning Access Act who are pursuing studies in this state
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6 leading to an associate or baccalaureate degree or who are pursuing
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7 studies in a postsecondary career technology program that would meet
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8 the requirements to be eligible for federal student financial aid or
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9 that has been identified as a critical occupation area pursuant to
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10 Section 4 of this act and is offered by a technology center school
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11 supervised by the State Board of Career and Technology Education,
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12 and who are in good academic standing in the institution or school
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13 in which the student is enrolled, that will relieve the student of
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14 the burden of paying nonguaranteed resident tuition at institutions
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15 of The Oklahoma State System of Higher Education, paying tuition for
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16 enrollment in postsecondary programs of the technology center
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17 districts, or paying some portion of such fees or tuition, pursuant
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18 to the provisions of the Oklahoma Higher Learning Access Act, as may
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19 be required of enrollees at private institutions of higher education
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20 which are accredited pursuant to Section 4103 of this title. The
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21 further purpose of this program is to establish and maintain a
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22 variety of support services whereby a broader range of the general
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23 student population of this state will be prepared for success in
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24 postsecondary endeavors.
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 1 SECTION 2. AMENDATORY 70 O.S. 2011, Section 2603, as
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2 last amended by Section 2, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
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3 2020, Section 2603), is amended to read as follows:
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4 Section 2603. A. Except as otherwise provided for in
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5 subsection B of this section and elsewhere in this section, to be
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6 eligible to participate in the Oklahoma Higher Learning Access
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7 Program and to qualify for an award which includes payment of an
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8 amount equivalent to resident tuition or other tuition pursuant to
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9 Section 2604 of this title for the first semester or other academic
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10 unit of postsecondary enrollment, a student shall:
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11 1. Be a resident of this state or be enrolled in a school
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12 district located in this state that serves students who reside in
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13 both this state and an adjacent state pursuant to a contract as
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14 authorized in Section 5-117.1 of this title;
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15 2. Be a United States citizen or lawfully present in the United
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16 States. A student who is not a United States citizen or lawfully
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17 present in the United States shall not be eligible to participate in
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18 the Oklahoma Higher Learning Access Program and to qualify for an
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19 award notwithstanding the provisions of Section 3242 of this title.
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20 The provisions of this paragraph shall not apply to any student who
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21 was enrolled in the Oklahoma Higher Learning Access Program prior to
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22 the end of the 2006-2007 school year;
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23 3. Have a record of satisfactory compliance with agreements
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24 executed pursuant to Section 2605 of this title;
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 1 4. a. have graduated within the previous three (3) years
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2 from a high school accredited by the State Board of
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3 Education, or the Oklahoma School of Science and
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4 Mathematics with a minimum 2.5 cumulative grade point
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5 average on a 4.0 scale for all work attempted in
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6 grades nine through twelve,
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7 b. have graduated within the previous three (3) years
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8 from a high school not accredited by the State Board
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9 of Education with a minimum 2.5 cumulative grade point
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10 average on a 4.0 scale for all work attempted in
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11 grades nine through twelve and have achieved a
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12 composite score of 22 or higher on the ACT test, or
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13 c. have satisfactorily completed within the previous
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14 three (3) years an educational program that was
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15 provided through a means other than a public or
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16 private school and have achieved a composite score of
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17 22 or higher on the ACT test;
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18 5. Have completed the curricular requirements for admission to
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19 an institution within The Oklahoma State System of Higher Education
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20 and one additional unit or set of competencies in a course that
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21 meets college admission requirements. The curriculum requirements
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22 shall include two units or sets of competencies in foreign or non-
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23 English language or technology courses that meet the college
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24 admission requirements and one unit or set of competencies of a fine
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 1 arts course. Students shall also have attained a 2.5 grade point
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2 average in the core curriculum courses. Students who attended a
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3 high school which did not offer all the core curriculum courses or
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4 students who were educated by other means and were not offered all
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5 the core curriculum courses shall be allowed to satisfy this
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6 curriculum requirement by participating in a program approved by the
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7 State Regents for remediation of high school curricular
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8 deficiencies;
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9 6. Have satisfied admission standards as determined by the
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10 Oklahoma State Regents for Higher Education for first-time-entering
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11 students for the appropriate type of institution, or, if attending a
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12 private institution, have satisfied admission standards as
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13 determined by the private institution. No student participating in
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14 the Oklahoma Higher Learning Access Program shall be admitted into
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15 an institution of higher education by special admission standards;
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16 7. Have secured admission to, and enrolled in, an institution
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17 which is a member of The Oklahoma State System of Higher Education,
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18 a postsecondary vocational-technical program offered by a technology
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19 center school that meets the requirements to be eligible for federal
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20 student financial aid or that has been identified as a critical
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21 occupation area pursuant to Section 4 of this act, or a private
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22 institution of higher learning located within this state and
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23 accredited pursuant to Section 4103 of this title; and
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 1 8. a. have established financial need according to the
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2 provisions of subsection D of Section 2605 of this
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3 title and standards and provisions promulgated by the
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4 Oklahoma State Regents for Higher Education,
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5 b. if the student was adopted between birth and twelve
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6 (12) years of age while in the permanent custody of
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7 the Department of Human Services, in the court-ordered
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8 custody of a licensed private nonprofit child-placing
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9 agency, or federally recognized Indian tribe, as
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10 defined by the federal Indian Child Welfare Act, have
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11 established financial need according to the provisions
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12 of paragraph 1 of subsection E of Section 2605 of this
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13 title and standards and provisions promulgated by the
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14 Oklahoma State Regents for Higher Education, or
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15 c. if the student was adopted between thirteen (13) and
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16 seventeen (17) years of age while in the permanent
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17 custody of the Department of Human Services, in the
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18 court-ordered custody of a licensed private nonprofit
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19 child-placing agency, or federally recognized Indian
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20 tribe, as defined by the federal Indian Child Welfare
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21 Act, have established financial need according to the
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22 provisions of paragraph 2 of subsection E of Section
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23 2605 of this title and standards and provisions
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 1 promulgated by the Oklahoma State Regents for Higher
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2 Education.
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3 B. 1. A student shall be eligible to participate in the
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4 Oklahoma Higher Learning Access Program and to qualify for an award
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5 which includes payment of an amount equivalent to resident tuition
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6 or other tuition pursuant to Section 2604 of this title for the
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7 first semester or other academic unit of postsecondary enrollment if
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8 the student meets all of the following criteria:
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9 a. is a child of any person killed after January 1, 2000,
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10 in the line of duty in any branch of the United States
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11 Armed Forces or who died after January 1, 2000, as a
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12 result of an injury sustained while in the line of
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13 duty in any branch of the United States Armed Forces
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14 and the person who was killed or died filed an
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15 individual or joint Oklahoma income tax return for the
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16 tax year prior to the year during which the person was
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17 killed or died,
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18 b. is a resident of this state or is enrolled in a school
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19 district located in this state that serves students
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20 who reside in both this state and an adjacent state
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21 pursuant to a contract as authorized in Section 5-
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22 117.1 of this title,
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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 the
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5 Oklahoma State Regents for Higher Education for first-
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6 time-entering students for the appropriate type of
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7 institution, or, if attending a private institution,
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8 has satisfied admission standards as determined by the
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9 private institution. No student participating in the
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10 Oklahoma Higher Learning Access Program shall be
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11 admitted into an institution of higher education by
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12 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 4 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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 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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 1 rules relating to maintenance of eligibility under the Oklahoma
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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
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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 2605, as
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14 last amended by Section 4, Chapter 289, O.S.L. 2017 (70 O.S. Supp.
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15 2020, Section 2605), is amended to read as follows:
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16 Section 2605. A. Each school year, every fifth- through ninth-
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17 grade student in the public and private schools of this state and
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18 students