1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2718 By: Hefner and McBride
4
5
6 AS INTRODUCED
7 An Act relating to higher education; amending 70 O.S.
2021, Section 3953.1, which relates to the Oklahoma
8 Higher Learning Access Trust Fund; directing use of
Fund to implement certain program; modifying purposes
9 of Fund; prohibiting use of Fund for certain
administrative expenses; enacting the Oklahoma's
10 Promise Inclusive Act; defining terms; creating the
Oklahoma's Promise Inclusive program; providing
11 program purpose; establishing student eligibility
requirements for program; listing requirements for
12 student to retain eligibility in program; directing
the Oklahoma State Regents for Higher Education to
13 promulgate rules; providing for an award equivalent
to resident tuition; subjecting award to availability
14 of funds; mandating award for all eligible student
applicants; providing preference for award if funds
15 are insufficient; authorizing set aside for full
amount of award funds; requiring priority of award
16 funds for certain students; requiring public
awareness program for Oklahoma's Promise Inclusive;
17 providing for designation of school site contact
person; establishing process to enter into program;
18 requiring execution of agreements for the program;
setting financial need qualifications for program
19 applicants; prescribing certification of financial
need; requiring agreements to be witnessed by a
20 parent or guardian; providing for promulgation of
rules; establishing program administrative duties for
21 State Regents; mandating transfer of student
information if student transfers; requiring students
22 to provide certain identifying number; directing
number to be kept confidential and used only for
23 administrative purposes; providing for codification;
and providing an effective date.
24
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1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
2 SECTION 1. AMENDATORY 70 O.S. 2021, Section 3953.1, is
3 amended to read as follows:
4 Section 3953.1 A. There is hereby created a trust fund to be
5 known as the "Oklahoma Higher Learning Access Trust Fund". The
6 Oklahoma State Regents for Higher Education shall be the trustees of
7 said Trust Fund.
8 B. The State Regents shall utilize said Trust Fund to implement
9 the provisions of Sections 2601 through 2605 of this title and
10 Sections 2 through 4 of this act.
11 C. The Trust Fund principal shall consist of monies the
12 Legislature appropriates or transfers to the Oklahoma State Regents
13 for Higher Education for the Trust Fund and any monies or assets
14 contributed to the Trust Fund from any other source, public or
15 private. All monies accruing to the credit of said fund are hereby
16 appropriated and may be budgeted and expended by the State Regents.
17 Expenditures from said fund shall be made upon warrants issued by
18 the State Treasurer against claims filed as prescribed by law with
19 the Director of the Office of Management and Enterprise Services for
20 approval and payment.
21 D. Notwithstanding other provisions of law, income and
22 investment return on Trust Fund principal shall accrue to the Trust
23 Fund for use as provided by authorization of the trustees for the
24 purposes provided in Sections 2601 through 2605 of this title and
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1 Sections 2 through 4 of this act. The State Regents may also
2 utilize the Trust Fund principal for the purposes provided in
3 Sections 2601 through 2605 of this title and Sections 2 through 4 of
4 this act. Except as otherwise provided by law, no such income or
5 investment return or principal shall be used for administrative
6 expenses; expenses incurred by the State Regents in the
7 administration of the Trust Fund and of the Oklahoma Higher Learning
8 Access Program established by the Oklahoma Higher Learning Access
9 Act and of the Oklahoma's Promise Inclusion program established by
10 the Oklahoma's Promise Inclusive Act shall be paid from monies
11 appropriated to the State Regents coordinating board for their
12 general operating budget.
13 E. The Regents shall adopt rules for accomplishing transfer of
14 funds from the Oklahoma Higher Learning Access Trust Fund to the
15 appropriate institutional Educational and General Operations
16 Revolving Funds, as provided in Section 3901 of this title, to
17 private institutions, and to the appropriate technology center
18 school district to cover general enrollment fees or tuition for
19 eligible students pursuant to the Oklahoma Higher Learning Access
20 Act and the Oklahoma's Promise Inclusive Act. Allocations from the
21 Trust Fund may be made only for the purpose of covering the general
22 enrollment fees or tuition of eligible students. No portion of the
23 Trust Fund may be used or allocated for administrative or operating
24
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1 expenses of any higher education institution or technology center
2 school.
3 SECTION 2. NEW LAW A new section of law to be codified
4 in the Oklahoma Statutes as Section 2501 of Title 70, unless there
5 is created a duplication in numbering, reads as follows:
6 A. This act shall be known and may be cited as the "Oklahoma's
7 Promise Inclusive Act".
8 B. As used in the Oklahoma's Promise Inclusive Act:
9 1. "Board" means the State Board of Education;
10 2. "Comprehensive transition and postsecondary program for
11 students with intellectual disabilities" or "CTP program" means a
12 degree, certificate, or nondegree program that meets each of the
13 following:
14 a. is offered by a state educational institution,
15 b. is designed to support students with intellectual
16 disabilities who are seeking to continue academic,
17 career and technical, and independent living
18 instruction at a state educational institution in
19 order to prepare for gainful employment,
20 c. includes an advising and curriculum structure,
21 d. requires students with intellectual disabilities to
22 participate on not less than a half-time basis as
23 determined by the institution, with participation
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1 focusing on academic components, and occurring through
2 one or more of the following activities:
3 (1) regular enrollment in credit-bearing courses with
4 nondisabled students offered by the institution,
5 (2) auditing or participating in courses with
6 nondisabled students offered by the institution
7 for which the student does not receive regular
8 academic credit,
9 (3) enrollment in noncredit-bearing, nondegree
10 courses with nondisabled students, or
11 (4) participation in internships or work-based
12 training in settings with nondisabled
13 individuals, and
14 e. requires students with intellectual disabilities to be
15 socially and academically integrated with non-disabled
16 students to the maximum extent possible;
17 3. "Program" means the Oklahoma's Promise Inclusive program;
18 4. "State educational institution" means any higher education
19 institution supported wholly or in part by direct legislative
20 appropriations which provides a comprehensive transition and
21 postsecondary program for students with intellectual disabilities;
22 5. "State Regents" means the Oklahoma State Regents for Higher
23 Education; and
24 6. "Student" means a student with:
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1 a. a cognitive impairment, characterized by significant
2 limitations in intellectual and cognitive functioning
3 and adaptive behavior as expressed in conceptual,
4 social, and practical adaptive skills, and
5 b. who is currently, or was formerly, eligible for a free
6 appropriate public education under the federal
7 Individuals with Disabilities Education Act.
8 C. There is hereby created a program to be known as "Oklahoma's
9 Promise Inclusive". The purpose of the program is to provide an
10 award to eligible students who are pursuing studies in this state at
11 a CTP program, that will relieve students from paying nonguaranteed
12 resident tuition at state educational institutions.
13 D. A student shall be eligible for Oklahoma's Promise Inclusive
14 if the student:
15 1. Meets the definition for student provided in paragraph 6 of
16 subsection B of this section;
17 2. Is a resident of this state or enrolled in a school district
18 located in this state that serves students who reside in both this
19 state and an adjacent state pursuant to a contract as authorized in
20 Section 5-117.1 of Title 70 of the Oklahoma Statutes;
21 3. Is a United States citizen or lawfully present in the United
22 States. A student who is not a United States citizen or lawfully
23 present in the United States shall not be eligible to participate in
24
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1 the program and qualify for an award notwithstanding the provisions
2 of Section 3242 of Title 70 of the Oklahoma Statutes;
3 4. Has a record of satisfactory compliance with agreements
4 executed pursuant to Section 4 of this act;
5 5. Has graduated within the previous six (6) years from a
6 public high school accredited by the State Board of Education or a
7 private school, or has satisfactorily completed within the previous
8 six (6) years an educational program that was provided through a
9 means other than a public or private school;
10 6. Has completed the curricular requirements for admission to a
11 state educational institution;
12 7. Has satisfied admission standards as determined by the State
13 Regents for first-time-entering students for the appropriate type of
14 state educational institution;
15 8. Have secured admission to, and enrolled in, a state
16 educational institution that meets the requirements to be eligible
17 for federal student financial aid; and
18 9. Has established financial need according to the provisions
19 of subsection D of Section 4 of this act and standards and
20 provisions promulgated by the State Regents.
21 E. To retain eligibility in the program, the student shall:
22 1. Meet the requirements for retention and completion as
23 established by the state educational institution where the student
24 is enrolled;
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1 2. Maintain good academic standing and satisfactory academic
2 progress according to standards of the State Regents;
3 3. Maintain satisfactory academic progress as required for
4 eligibility for federal Title IV student financial aid programs;
5 4. Comply with the standards related to maintenance of
6 eligibility as promulgated by the State Regents; and
7 5. Refrain from conduct that leads to expulsion or suspension
8 of more than one (1) semester from a state educational institution.
9 A student who violates the provisions of this paragraph shall
10 permanently lose eligibility for program benefits.
11 F. The State Regents shall promulgate rules relating to
12 maintenance of eligibility under the program by a student.
13 SECTION 3. NEW LAW A new section of law to be codified
14 in the Oklahoma Statutes as Section 2502 of Title 70, unless there
15 is created a duplication in numbering, reads as follows:
16 A. Subject to the availability of funds, an amount equivalent
17 to the nonguaranteed resident tuition for which an eligible
18 Oklahoma's Promise Inclusive student is obligated at a state
19 educational institution shall be awarded by allocation from the
20 Oklahoma Higher Learning Access Trust Fund.
21 B. Benefits awarded under Oklahoma's Promise Inclusive shall be
22 awarded to all eligible student applicants without any limitation on
23 the number of awards in any year other than the amount of funds
24 available for the program and the number of eligible applicants.
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1 Subject to the provisions of subsection D of this section, if funds
2 are not sufficient to provide awards for all eligible applicants,
3 the State Regents shall make awards on the basis of need. Provided,
4 the State Regents may take into consideration other grants and
5 scholarships received by an eligible applicant when making awards.
6 C. The State Regents may, at the time an award is made on
7 behalf of an Oklahoma's Promise Inclusive student, set aside in the
8 Oklahoma Higher Learning Access Trust Fund funds for the full
9 commitment made to the Oklahoma's Promise Inclusive student. For
10 all academic years, students who have previously received awards
11 under the provisions of the Oklahoma's Promise Inclusive Act, and
12 who have continued at all times to fulfill the requirements for
13 eligibility to receive awards provided pursuant to this program,
14 shall be given an absolute priority for continued financial support
15 by Oklahoma's Promise Inclusive superior to any students who are
16 applying for an award for the first time.
17 SECTION 4. NEW LAW A new section of law to be codified
18 in the Oklahoma Statutes as Section 2503 of Title 70, unless there
19 is created a duplication in numbering, reads as follows:
20 A. Each school year, the parent or legal guardian of every
21 fifth- through eleventh-grade student in the public and private
22 schools of this state and students who are educated by other means
23 and are in the equivalent of the fifth through eleventh grade, who
24 meets the definition for student provided in paragraph 6 of
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1 subsection B of Section 2 of this act, shall be informed of the
2 opportunity for access to higher learning under Oklahoma's Promise
3 Inclusive. The State Regents and the State Board of Education shall
4 develop, promote, and coordinate a public awareness program to be
5 utilized in making students and parents aware of Oklahoma's Promise
6 Inclusive.
7 B. On a form provided by the State Regents, every public school
8 district shall designate at least one (1) Oklahoma's Promise
9 Inclusive contact person, who shall be a counselor or teacher, at
10 each public school site in this state in which eighth-, ninth-,
11 tenth-, or eleventh-grade classes are taught. When requested by the
12 State Regents, the Board shall assist the State Regents to ensure
13 the designation of contact persons. Private schools shall also
14 designate at least one (1) school official as a contact person. For
15 students who are educated by other means, a parent, legal guardian,
16 or other person approved by the State Regents shall be designated
17 the contact person.
18 C. 1. Students who qualify on the basis of financial need
19 according to subsection D or E of this section prior to entering the
20 eleventh grade or prior to reaching sixteen (16) years of age and
21 meet the standards and provisions promulgated by the State Regents,
22 shall be given the opportunity throughout the eighth-, ninth-,
23 tenth-, and eleventh-grade years, for students enrolled in a public
24 or private school, or between thirteen (13) and sixteen (16) years
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1 of age, for students who are educated by other means, to enter into
2 participation in the program by agreeing, throughout the remainder
3 of their school years or educational program, to:
4 a. attend school or an educational program regularly,
5 b. refrain from substance abuse,
6 c. refrain from commission of violent crimes,
7 d. have school work and school records reviewed by
8 mentors designated pursuant to the program,
9 e. provide information requested by the State Regents or
10 the Board, and
11 f. participate in required program activities.
12 2. The contact person shall maintain the agreements, which
13 shall be executed on forms provided by the State Regents and managed
14 according to regulations promulgated by the State Regents, and the
15 contact person shall monitor compliance of the student with the
16 terms of the agreement. The State Regents are authorized to process
17 student agreements and verify compliance w