1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3454 By: Moore
3
4
4
5
5
6
6
7 AS INTRODUCED
7
8 An Act relating to the Oklahoma Higher Learning
8 Access Program; amending 70 O.S. 2021, Section 2603,
9 which relates to eligibility requirements; providing
9 eligibility for children of certain teachers;
10 defining term; amending 70 O.S. 2021, Section 2605,
10 as amended by Section 1, Chapter 400, O.S.L. 2022 (70
11 O.S. Supp. 2023, Section 2605), which relates to
11 student agreements; exempting students who are
12 children of certain teachers from financial
12 qualification determination; defining term; directing
13 the Oklahoma State Regents for Higher Education to
13 verify certain employment status; providing an
14 effective date; and declaring an emergency.
14
15
15
16
16
17
17
18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
18
19 SECTION 1. AMENDATORY 70 O.S. 2021, Section 2603, is
19
20 amended to read as follows:
20
21 Section 2603. A. Except as otherwise provided for in
21
22 subsection B of this section and elsewhere in this section, to be
22
23 eligible to participate in the Oklahoma Higher Learning Access
23
24 Program and to qualify for an award which includes payment of an
24
Req. No. 8789 Page 1
1 amount equivalent to resident tuition or other tuition pursuant to
1
2 Section 2604 of this title for the first semester or other academic
2
3 unit of postsecondary enrollment, a student shall:
3
4 1. Be a resident of this state or be enrolled in a school
4
5 district located in this state that serves students who reside in
5
6 both this state and an adjacent state pursuant to a contract as
6
7 authorized in Section 5-117.1 of this title;
7
8 2. Be a United States citizen or lawfully present in the United
8
9 States. A student who is not a United States citizen or lawfully
9
10 present in the United States shall not be eligible to participate in
10
11 the Oklahoma Higher Learning Access Program and to qualify for an
11
12 award notwithstanding the provisions of Section 3242 of this title.
12
13 The provisions of this paragraph shall not apply to any student who
13
14 was enrolled in the Oklahoma Higher Learning Access Program prior to
14
15 the end of the 2006-2007 school year;
15
16 3. Have a record of satisfactory compliance with agreements
16
17 executed pursuant to Section 2605 of this title;
17
18 4. a. have graduated within the previous three (3) years
18
19 from a high school accredited by the State Board of
19
20 Education, or the Oklahoma School of Science and
20
21 Mathematics with a minimum 2.5 cumulative grade point
21
22 average on a 4.0 scale for all work attempted in
22
23 grades nine through twelve,
23
24
24
Req. No. 8789 Page 2
1 b. have graduated within the previous three (3) years
1
2 from a high school not accredited by the State Board
2
3 of Education with a minimum 2.5 cumulative grade point
3
4 average on a 4.0 scale for all work attempted in
4
5 grades nine through twelve and have achieved a
5
6 composite score of 22 or higher on the ACT test, or
6
7 c. have satisfactorily completed within the previous
7
8 three (3) years an educational program that was
8
9 provided through a means other than a public or
9
10 private school and have achieved a composite score of
10
11 22 or higher on the ACT test;
11
12 5. Have completed the curricular requirements for admission to
12
13 an institution within The Oklahoma State System of Higher Education
13
14 and one additional unit or set of competencies in a course that
14
15 meets college admission requirements. The curriculum requirements
15
16 shall include two units or sets of competencies in foreign or non-
16
17 English language or technology courses that meet the college
17
18 admission requirements and one unit or set of competencies of a fine
18
19 arts course. Students shall also have attained a 2.5 grade point
19
20 average in the core curriculum courses. Students who attended a
20
21 high school which did not offer all the core curriculum courses or
21
22 students who were educated by other means and were not offered all
22
23 the core curriculum courses shall be allowed to satisfy this
23
24 curriculum requirement by participating in a program approved by the
24
Req. No. 8789 Page 3
1 State Regents for remediation of high school curricular
1
2 deficiencies;
2
3 6. Have satisfied admission standards as determined by the
3
4 Oklahoma State Regents for Higher Education for first-time-entering
4
5 students for the appropriate type of institution, or, if attending a
5
6 private institution, have satisfied admission standards as
6
7 determined by the private institution. No student participating in
7
8 the Oklahoma Higher Learning Access Program shall be admitted into
8
9 an institution of higher education by special admission standards;
9
10 7. Have secured admission to, and enrolled in, an institution
10
11 which is a member of The Oklahoma State System of Higher Education,
11
12 a postsecondary vocational-technical program offered by a technology
12
13 center school that meets the requirements to be eligible for federal
13
14 student financial aid, or a private institution of higher learning
14
15 located within this state and accredited pursuant to Section 4103 of
15
16 this title; and
16
17 8. a. have established financial need according to the
17
18 provisions of subsection D of Section 2605 of this
18
19 title and standards and provisions promulgated by the
19
20 Oklahoma State Regents for Higher Education,
20
21 b. if the student was adopted between birth and twelve
21
22 (12) years of age while in the permanent custody of
22
23 the Department of Human Services, in the court-ordered
23
24 custody of a licensed private nonprofit child-placing
24
Req. No. 8789 Page 4
1 agency, or federally recognized Indian tribe, as
1
2 defined by the federal Indian Child Welfare Act, have
2
3 established financial need according to the provisions
3
4 of paragraph 1 of subsection E of Section 2605 of this
4
5 title and standards and provisions promulgated by the
5
6 Oklahoma State Regents for Higher Education, or
6
7 c. if the student was adopted between thirteen (13) and
7
8 seventeen (17) years of age while in the permanent
8
9 custody of the Department of Human Services, in the
9
10 court-ordered custody of a licensed private nonprofit
10
11 child-placing agency, or federally recognized Indian
11
12 tribe, as defined by the federal Indian Child Welfare
12
13 Act, have established financial need according to the
13
14 provisions of paragraph 2 of subsection E of Section
14
15 2605 of this title and standards and provisions
15
16 promulgated by the Oklahoma State Regents for Higher
16
17 Education, or
17
18 d. if the student is the child of a certified classroom
18
19 teacher, as provided for in paragraph 4 of subsection
19
20 E of Section 2605 of this title. For the purposes of
20
21 this paragraph, "certified classroom teacher" means
21
22 any certified, full-time teacher who has been employed
22
23 by a public school district in this state for a
23
24 minimum of ten (10) years.
24
Req. No. 8789 Page 5
1 B. 1. A student shall be eligible to participate in the
1
2 Oklahoma Higher Learning Access Program and to qualify for an award
2
3 which includes payment of an amount equivalent to resident tuition
3
4 or other tuition pursuant to Section 2604 of this title for the
4
5 first semester or other academic unit of postsecondary enrollment if
5
6 the student meets all of the following criteria:
6
7 a. is a child of any person killed after January 1, 2000,
7
8 in the line of duty in any branch of the United States
8
9 Armed Forces or who died after January 1, 2000, as a
9
10 result of an injury sustained while in the line of
10
11 duty in any branch of the United States Armed Forces
11
12 and the person who was killed or died filed an
12
13 individual or joint Oklahoma income tax return for the
13
14 tax year prior to the year during which the person was
14
15 killed or died,
15
16 b. is a resident of this state or is enrolled in a school
16
17 district located in this state that serves students
17
18 who reside in both this state and an adjacent state
18
19 pursuant to a contract as authorized in Section 5-
19
20 117.1 of this title,
20
21 c. enrolls in an institution within The Oklahoma State
21
22 System of Higher Education prior to reaching the age
22
23 of twenty-one (21),
23
24
24
Req. No. 8789 Page 6
1 d. has satisfied admission standards as determined by the
1
2 Oklahoma State Regents for Higher Education for first-
2
3 time-entering students for the appropriate type of
3
4 institution, or, if attending a private institution,
4
5 has satisfied admission standards as determined by the
5
6 private institution. No student participating in the
6
7 Oklahoma Higher Learning Access Program shall be
7
8 admitted into an institution of higher education by
8
9 special admission standards,
9
10 e. has secured admission to, and enrolled in, an
10
11 institution which is a member of The Oklahoma State
11
12 System of Higher Education, a postsecondary
12
13 vocational-technical program offered by a technology
13
14 center school that meets the requirements to be
14
15 eligible for federal student financial aid, or a
15
16 private institution of higher learning located within
16
17 this state and accredited pursuant to Section 4103 of
17
18 this title, and
18
19 f. executes an agreement pursuant to subsection C of
19
20 Section 2605 of this title.
20
21 2. A student who is eligible to participate in the program
21
22 pursuant to this subsection shall not be required to meet the
22
23 eligibility requirements set forth in subsection A of this section.
23
24
24
Req. No. 8789 Page 7
1 C. To retain eligibility while pursuing the program of higher
1
2 learning in which enrolled, the student shall:
2
3 1. Meet the requirements for retention and degree completion as
3
4 established by the institution in which the student is enrolled;
4
5 2. Maintain good academic standing and satisfactory academic
5
6 progress according to standards of the Oklahoma State Regents for
6
7 Higher Education;
7
8 3. Maintain satisfactory academic progress as required for
8
9 eligibility for federal Title IV student financial aid programs.
9
10 The provisions of this paragraph shall become effective for the
10
11 2012-2013 school year;
11
12 4. Comply with the standards related to maintenance of
12
13 eligibility as promulgated by the Oklahoma State Regents for Higher
13
14 Education; and
14
15 5. Refrain from conduct that leads to expulsion or suspension
15
16 of more than one semester from an institution of higher education.
16
17 A student who violates the provisions of this paragraph shall
17
18 permanently lose eligibility for program benefits. The provisions
18
19 of this paragraph shall become effective January 1, 2008.
19
20 D. The Oklahoma State Regents for Higher Education and the
20
21 State Board of Career and Technology Education shall promulgate
21
22 rules relating to maintenance of eligibility under the Oklahoma
22
23 Higher Learning Access Act by a student.
23
24
24
Req. No. 8789 Page 8
1 E. It is the intent of the Legislature that students in the
1
2 ninth grade for the 1992-93 school year who are determined to be
2
3 eligible Oklahoma Higher Learning Access students pursuant to the
3
4 Oklahoma Higher Learning Access Act shall be the first students
4
5 eligible for benefits from the Oklahoma Higher Learning Access Trust
5
6 Fund.
6
7 F. The Oklahoma State Regents for Higher Education are
7
8 authorized to study, develop and propose criteria for determining
8
9 award eligibility based upon the completion of seven semesters of
9
10 high school coursework by a student.
10
11 SECTION 2. AMENDATORY 70 O.S. 2021, Section 2605, as
11
12 amended by Section 1, Chapter 400, O.S.L. 2022 (70 O.S. Supp. 2023,
12
13 Section 2605), is amended to read as follows:
13
14 Section 2605. A. Each school year, every fifth- through
14
15 eleventh-grade student in the public and private schools of this
15
16 state and students who are educated by other means and are in the
16
17 equivalent of the fifth through eleventh grade shall be apprised,
17
18 together with the parent, custodial parent, or guardian of the
18
19 student, of the opportunity for access to higher learning under the
19
20 Oklahoma Higher Learning Access Program. The Oklahoma State Regents
20
21 for Higher Education and the State Board of Education shall develop,
21
22 promote, and coordinate a public awareness program to be utilized in
22
23 making students and parents aware of the Oklahoma Higher Learning
23
24 Access Program.
24
Req. No. 8789 Page 9
1 B. On a form provided by the Oklahoma State Regents for Higher
1
2 Education, every public school district shall designate at least one
2
3 Oklahoma Higher Learning Access Program contact person, who shall be
3
4 a counselor or teacher, at each public school site in this state in
4
5 which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
5
6 When requested by the State Regents, the State Board of Education
6
7 shall assist the State Regents to ensure the designation of contact
7
8 persons. Private schools shall also designate at least one school
8
9 official as a contact person. For students who are educated by
9
10 other means, a parent or guardian or other person approved by the
10
11 State Regents shall be designated the contact person.
11
12 C. 1. Students who qualify on the basis of financial need
12
13 according to subsection D or E of this section or who meet the
13
14 eligibility qualification set forth in subparagraph a of paragraph 1
14
15 of subsection B of Section 2603 of this title prior to entering the
15
16 eleventh grade or prior to reaching the age of sixteen (16) and the
16
17 standards and provisions promulgated by the Oklahoma State Regents
17
18 for Higher Education shall be given the opportunity throughout the
18
19 eighth-, ninth-, tenth-, and eleventh-grade years, for students
19
20 enrolled in a public or private school, or between the ages of
20
21 thirteen (13) and sixteen (16), for students who are educated by
21
22 o