Oklahoma Statutes Annotated Currentness

Title 70. Schools (Refs & Annos)

Division IV. Universities, Colleges, and Schools of Special Character

Chapter 45. General and Miscellaneous Provisions

Oklahoma Higher Learning Access Act

<Text of section as amended by Laws 2011, c. 351, § 1. See, also, text of

section as amended by Laws 2011, c. 288, § 1.>

A. Each school year, every fifth- through ninth-grade student in the public and private schools of this state and students who are educated by other means and are in the equivalent of the fifth through ninth grade shall be apprised, together with the parent, custodial parent, or guardian of the student, of the opportunity for access to higher learning under the Oklahoma Higher Learning Access Program. The Oklahoma State Regents for Higher Education and the State Board of Education shall develop, promote, and coordinate a public awareness program to be utilized in making students and parents aware of the Oklahoma Higher Learning Access Program.

B. On a form provided by the Oklahoma State Regents for Higher Education, every public school district shall designate at least one Oklahoma Higher Learning Access Program contact person, who shall be a counselor or teacher, at each public school site in this state in which eighth-, ninth- or tenth-grade classes are taught. When requested by the State Regents, the State Board of Education shall assist the State Regents to ensure the designation of contact persons. Private schools shall also designate at least one school official as a contact person. For students who are educated by other means, a parent or guardian or other person approved by the State Regents shall be designated the contact person.

C. 1. Students who qualify on the basis of financial need according to subsection D or E of this section or who meet the eligibility qualification set forth in subparagraph a of paragraph 1 of subsection B of Section 2603 of this title prior to entering the tenth grade or prior to reaching the age of fifteen (15) and the standards and provisions promulgated by the Oklahoma State Regents for Higher Education shall be given the opportunity throughout the eighth-, ninth-, and tenth-grade years, for students enrolled in a public or private school, or between the ages of thirteen (13) and fifteen (15), for students who are educated by other means, to enter into participation in the program by agreeing to, throughout the remainder of their school years or educational program:

a. attend school or an educational program regularly and do homework regularly,

b. refrain from substance abuse,

c. refrain from commission of crimes or delinquent acts,

d. have school work and school records reviewed by mentors designated pursuant to the program,

e. provide information requested by the Oklahoma State Regents for Higher Education or the State Board of Education, and

f. participate in program activities.

2. Students who meet the eligibility qualification set forth in subparagraph a of paragraph 1 of subsection B of Section 2603 of this title after completing the tenth grade or after reaching the age of sixteen (16) shall be given the opportunity prior to reaching the age of twenty-one (21) to enter into participation in the program and shall execute an agreement with provisions as determined by the Oklahoma State Regents for Higher Education.

3. The contact person shall maintain the agreements, which shall be executed on forms provided by the Oklahoma State Regents for Higher Education and managed according to regulations promulgated by the Oklahoma State Regents for Higher Education, and the contact person shall monitor compliance of the student with the terms of the agreement. The Oklahoma State Regents for Higher Education are authorized to process student agreements and verify compliance with the agreements. Students failing to comply with the terms of the agreement shall not be eligible for the awards provided in Section 2604 of this title.

D. Except as otherwise provided for in subsection E of this section and except for students who qualify pursuant to subsection B of Section 2603 of this title, a student shall not be found to be in financial need for purposes of the Oklahoma Higher Learning Access Program if:

1. At the time the student applies for participation in the Program during the eighth, ninth or tenth grade for students enrolled in a public or private school, or between the ages of thirteen (13) and fifteen (15), for students who are educated by other means, the income from taxable and nontaxable sources of the student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per year; and

2. At the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the income from taxable and nontaxable sources of the student's parent(s) exceeds One Hundred Thousand Dollars ($100,000.00) per year.

The determination of financial qualification as set forth in this paragraph shall be based on the income of the student, not the income of the parent(s), if a student:

a. is determined to be independent of the student's parents for federal financial aid purposes,

b. was in the permanent custody of the Department of Human Services at the time the student enrolled in the program, or

c. was in the court-ordered custody of a federally recognized Indian tribe, as defined by the federal Indian Child Welfare Act, [FN1] at the time the student enrolled in the program.

The provisions of this paragraph shall not apply to any student who has received an Oklahoma Higher Learning Access Program benefit award prior to the 2012-2013 school year.

E. 1. A student who was adopted between birth and twelve (12) years of age while in the permanent custody of the Department of Human Services, in the court-ordered custody of a licensed private nonprofit child-placing agency, or federally recognized Indian tribe, as defined by the federal Indian Child Welfare Act, shall not be found to be in financial need for purposes of the Oklahoma Higher Learning Access Program if at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the income from taxable and nontaxable sources of the student's parent(s) exceeds One Hundred Fifty Thousand Dollars ($150,000.00) per year. The provisions of this paragraph shall not apply to any student who has received an Oklahoma Higher Learning Access Program benefit award prior to the 2012-2013 school year.

2. A student who was adopted between thirteen (13) and seventeen (17) years of age while in the permanent custody of the Department of Human Services, in the court-ordered custody of a licensed private nonprofit child-placing agency, or federally recognized Indian tribe, as defined by the federal Indian Child Welfare Act, shall not be found to be in financial need for purposes of the Oklahoma Higher Learning Access Program if at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the income from taxable and nontaxable sources of the student's parent(s) exceeds Two Hundred Thousand Dollars ($200,000.00) per year. The provisions of this paragraph shall not apply to any student who has received an Oklahoma Higher Learning Access Program benefit award prior to the 2012-2013 school year.

3. Except for students who qualify pursuant to subsection B of Section 2603 of this title, the determination of financial qualification as set forth in this subsection shall be based on the income of the student, not the income of the parent(s), if the student is determined to be independent of the student's parents for federal financial aid purposes. A determination of financial qualification shall not be required for the student who meets the criteria set forth in this subsection at the time the student applies for participation in the program. The provisions of this paragraph shall not apply to any student who has received an Oklahoma Higher Learning Access Program benefit award prior to the 2008-2009 school year.

F. The financial qualification of a student as set forth in subsections D and E of this section shall be certified by the contact person or by the Oklahoma State Regents for Higher Education on the agreement form provided by the Oklahoma State Regents for Higher Education. The form shall be retained in the permanent record of the student and a copy forwarded to the Oklahoma State Regents for Higher Education.

G. Agreements shall be witnessed by the parent, custodial parent, or guardian of the student, who shall further agree to:

1. Assist the student in achieving compliance with the agreements;

2. Confer, when requested to do so, with the school contact person, other school personnel, and program mentors;

3. Provide information requested by the Oklahoma State Regents for Higher Education or the State Board of Education; and

4. Assist the student in completing forms and reports required for program participation, making applications to institutions and schools of higher learning, and filing applications for student grants and scholarships.

H. Students who are enrolled in a school district located in this state that serves students who reside in both this state and an adjacent state pursuant to a contract as authorized in Section 5-117.1 of this title, are in the eleventh and twelfth grades during the 2006-2007 school year, and who were denied participation in the program shall be allowed to enter or reenter into participation in the program by entering into agreements as set forth in subsections C and D of this section by June 1, 2008.

I. The Oklahoma State Regents for Higher Education shall promulgate rules for the determination of student compliance with agreements made pursuant to this section.

J. The Oklahoma State Regents for Higher Education shall designate personnel to coordinate tracking of program records for the years when students participating in the program are still in the schools or are being educated by other means, provide staff development for contact persons in the schools, and provide liaison with the State Board of Education and local organizations and individuals participating in the program.

K. The school district where an Oklahoma Higher Learning Access Program student is enrolled when the student begins participation in the program and any subsequent school district where the student enrolls shall forward information regarding participation by the student in the program to a school to which the student transfers upon the request of the school for the records of the student.

L. Students participating in the Oklahoma Higher Learning Access Program shall provide their social security number or their student identification number used by their school to the Oklahoma State Regents for Higher Education. The Regents shall keep the numbers confidential and use them only for administrative purposes.

CREDIT(S)

Laws 1992, c. 353, § 5, eff. July 1, 1992; Laws 1994, c. 153, § 4, emerg. eff. May 3, 1994; Laws 1995, c. 322, § 30, eff. July 1, 1995; Laws 1996, c. 119, § 2, eff. July 1, 1996; Laws 1997, c. 74, § 2, eff. July 1, 1997; Laws 1999, c. 190, § 3; Laws 2000, c. 232, § 15, eff. July 1, 2000; Laws 2003, c. 134, § 1, eff. July 1, 2003; Laws 2007, c. 355, § 7, emerg. eff. June 4, 2007; Laws 2008, c. 3, § 43, emerg. eff. Feb. 28, 2008; Laws 2008, c. 409, § 2, emerg. eff. June 3, 2008; Laws 2009, c. 2, § 34, emerg. eff. March 12, 2009; Laws 2009, c. 437, § 3, eff. July 1, 2009; Laws 2011, c. 351, § 3, eff. July 1, 2011; Laws 2011, c. 288, § 2.

[FN1] 25 U.S.C.A. § 1901 et seq.

HISTORICAL AND STATUTORY NOTES

2005 Main Volume

The 1994 amendment, in subsection F, rewrote the introductory paragraph, which prior thereto read:

"Tenth-grade students who failed to enter into participation in the program during their ninth-grade year shall be allowed to enter into participation in the program by entering into agreements as set forth in subsections C and D of this section. Students who begin participating in the program during their tenth-grade year shall be eligible for benefits from the Oklahoma Higher Learning Access Trust Fund as provided in this act only under the following conditions:"

The 1995 amendment substituted "Oklahoma State Regents for Higher Education" for "State Board of Education" throughout the section; in subsection A, inserted "Oklahoma State Regents for Higher Education and the"; in subsection C, in paragraph 5 inserted "Oklahoma State Regents for Higher Education or the" and in the last paragraph added the second sentence; in subsection D, rewrote the second sentence, which prior thereto read: "The student's financial qualification shall be certified by the contact person at the school on a form provided by the State Board of Education; the certification form shall be retained in the student's permanent record and forwarded to the Oklahoma State Regents for higher Education upon the student's enrollment in a postsecondary program."; in subsection E.3, inserted "Oklahoma State Regents for Higher Education or the"; and in subsection I, deleted "of the State Department of Education" following "personnel" and substituted "State Board of Education" for "Oklahoma State Regents for Higher Education".

The 1996 amendment rewrote subsection B, which prior thereto read:

"The State Board of Education shall ensure that every public school district designates at least one Oklahoma Higher Learning Access Program contact person, who shall be a counselor or teacher, at each public school site in this state in which ninth-or tenth-grade classes are taught."

; in subsection F, deleted paragraph 1, which read:

"An Oklahoma Higher Learning Access Program student who began participation during the ninth-grade year becomes ineligible for benefits from the trust fund; and"

, substituted "condition that the" for "following conditions: 2. The" thereby creating the third sentence and therein inserted "Oklahoma" in two places; deleted former subsection G, which read:

"Beginning with the 1994-95 school year, eligibility of students who begin participating in the program during their tenth-grade year shall be determined by the date of their enrollment, with priority given to students whose enrollment dates are earliest. Students who begin participating in the program during their tenth-grade year and who receive trust fund benefits pursuant to subsection E of this section shall be given priority for continued financial support as provided in Section 2604 of this title."

; redesignated former subsections H to J as subsections G to I; and added subsection J.

The 1997 amendment, in subsection C, in the last paragraph, inserted the second sentence; in subsection D, in the first sentence, substituted "the Oklahoma Higher Learning Access Program" for "this act", and in the second sentence, inserted "or by the Oklahoma State Regents for Higher Education"; and in subsection G, substituted "rules" for "regulations".

Laws 1999, c. 190, § 3, in subsection B, in the first sentence, inserted "eighth-,"; in subsection C, in the introductory paragraph, substituted "Eighth-and ninth-grade" for "Ninth-grade" and "eighth-and ninth-grade years" for "ninth-grade year"; in subsection D, in the first sentence, inserted "income from taxable and nontaxable sources of the", substituted "parent(s)" for "family income from taxable and nontaxable sources" and "Thirty-two Thousand Dollars ($32,000.00)" for "Twenty-four Thousand Dollars ($24,000.00)"; in subsection F, in the first sentence, inserted "eighth-or", deleted the second sentence, which prior thereto read, "Students who are in the tenth grade during the 1993-94 school year and who begin participating in the program during the 1993-94 school year shall be eligible for benefits from the Oklahoma Higher Learning Access Trust Fund as though they had begun participating during their ninth-grade year.", and in the third sentence, inserted "eighth-or"; in subsection I, deleted "local" preceding "school district", substituted "enrolled" for "attending" and "enrolls" for "attends"; and in subsection J, in the first sentence, deleted "local high" preceding "school".

Section 4 of Laws 1999, c. 190 provides for an effective date of July 1, 1999, but c. 190 does not contain an emergency clause and the proposed effective date falls within 90 days of the adjournment of the Legislature, and pursuant to Const. Art. 5, § 58, is ineffective.

Laws 2000, c. 232, § 15, in subsection D, in the first sentence, substituted "Fifty Thousand Dollars ($50,000.00)" for "Thirty-two Thousand Dollars ($32,000.00)".

Laws 2003, c. 134, § 1, in subsection C, in the introductory paragraph, substituted "Students" for "Eighth-and ninth-grade students" and "eighth-, ninth-, and tenth-grade years" for "eighth-and ninth-grade years"; deleted subsection F, which prior thereto read:

"Tenth-grade students who failed to enter into participation in the program during their eighth-or ninth-grade year shall be allowed to enter into participation in the program by entering into agreements as set forth in subsections C and D of this section. Beginning with the 1994-95 school year, students who begin participating in the program during their tenth-grade year shall be eligible for benefits from the Oklahoma Higher Learning Access Trust Fund as provided in Section 2601 et seq. of this title only under the condition that the trust fund balance, excluding any amounts set aside for full commitments to Oklahoma Higher Learning Access Program students pursuant to Section 2604 of this title, exceeds the amount necessary to satisfy awards due on behalf of Oklahoma Higher Learning Access Program students who began participation during the eighth-or ninth-grade year or who have priority as provided in Section 2604 of this title."

; redesignated former subsections G through J as subsections F through I.

2011 Electronic Update                                                          

Laws 2007, c. 355, § 7, in subsection A, in the first sentence, inserted "and private" and inserted "and students who are educated by other means and are in the equivalent of the fifth through ninth grade"; in subsection B, added the third and fourth sentences; in subsection C, rewrote the introductory paragraph, which prior thereto read:

"C. Students who qualify on the basis of financial need according to the standards and provisions promulgated by the Oklahoma State Regents for Higher Education shall be given the opportunity throughout the eighth-, ninth-, and tenth-grade years to enter into participation in the program by agreeing to, throughout the remainder of their school years:"

, in paragraph 1, inserted "or an educational program", in the concluding paragraph, in the first sentence, deleted "at the school" following "contact person"; rewrote subsection D, which prior thereto read:

"D. A student shall not be found to be in financial need for purposes of the Oklahoma Higher Learning Access Program if the income from taxable and nontaxable sources of the student's parent(s) exceeds Fifty Thousand Dollars ($50,000.00) per year. The student's financial qualification shall be certified by the contact person at the school or by the Oklahoma State Regents for Higher Education on the agreement form provided by the Oklahoma State Regents for Higher Education; the form shall be retained in the student's permanent record and a copy forwarded to the Oklahoma State Regents for Higher Education."

; designated the second sentence of former subsection D as subsection E; designated former subsections E through I as subsections F and J; in subsection H, deleted "public" preceding "schools" in two places, and inserted "or are being educated by other means"; and made nonsubstantive changes.

Laws 2008, c. 3, § 43, inserted subsection G; redesignated former subsections G through J as subsections H through K; and made other nonsubstantive changes.

Section 2 of Laws 2007, c. 262, amending this section, was repealed by Laws 2008, c. 3, § 44.

Laws 2008, c. 409, § 2, in subsection C, in the introductory paragraph, substituted "subsections D or E" for "subsection D"; in subsection D, in the introductory paragraph, substituted "Except as otherwise provided for in subsection E of this section, a" for "A"; inserted subsection E; redesignated former subsection E as subsection F, and therein, in the first sentence, substituted "subsections D and E" for "subsection D"; redesignated former subsections F through K as subsections G through L; and made nonsubstantive changes.

Laws 2009, c. 2, § 34, in subsection D, in paragraph 2, in the concluding paragraph, substituted "2010-2011" for "2009-2010".

Section 4 of Laws 2008, c. 350, amending this section, was repealed by Laws 2009, c. 2, § 35.

Laws 2009, c. 437, § 3, in subsection D, in paragraph 2, in the final paragraph, substituted "2012-2013" for "2010-2011"; in subsection E, in paragraphs 1 and 2, inserted the final sentences, in paragraph 3, substituted "paragraph" for "subsection".

Laws 2011, c. 351, § 3, rewrote subsection C, which prior thereto read:

"C. Students who qualify on the basis of financial need according to subsections D or E of this section and the standards and provisions promulgated by the Oklahoma State Regents for Higher Education shall be given the opportunity throughout the eighth-, ninth-, and tenth-grade years, for students enrolled in a public or private school, or between the ages of thirteen (13) and fifteen (15), for students who are educated by other means, to enter into participation in the program by agreeing to, throughout the remainder of their school years or educational program:

"1. Attend school or an educational program regularly and do homework regularly;

"2. Refrain from substance abuse;

"3. Refrain from commission of crimes or delinquent acts;

"4. Have school work and school records reviewed by mentors designated pursuant to the program;

"5. Provide information requested by the Oklahoma State Regents for Higher Education or the State Board of Education; and

"6. Participate in program activities.

"The contact person shall maintain the agreements, which shall be executed on forms provided by the Oklahoma State Regents for Higher Education and managed according to regulations promulgated by the Oklahoma State Regents for Higher Education, and the contact person shall monitor compliance of the student with the terms of the agreement. The Oklahoma State Regents for Higher Education are authorized to process student agreements and verify compliance with the agreements. Students failing to comply with the terms of the agreement shall not be eligible for the awards provided in Section 2604 of this title."

; in subsection D, inserted "and except for students who qualify pursuant to subsection B of Section 2603 of this title" following "in subsection E of this section"; and in subsection E, in paragraph 3, substituted "Except for students who qualify pursuant to subsection B of Section 2603 of this title, the determination of financial qualification" for "The determination of financial qualification".

Laws 2011, c. 288, § 2, in subsections D and E, thrice substituted "federal adjusted gross income" for "income from taxable and nontaxable sources".

70 Okl. St. Ann. § 2605, OK ST T. 70 § 2605

Current with chapters of the First Regular Session of the 53rd                  

Legislature (2011) effective July 1, 2011.                                      

END OF DOCUMENT