ENGROSSED HOUSE
BILL NO. 2679	By:	Banz, Kern, Hickman and Coody of the House

			    and

		Jolley of the Senate

An Act relating to higher education; amending 70 O.S. 2011, Sections 2603 and 2604, which relate to the Oklahoma Higher Learning Access Act; deleting certain payment language; modifying amount of award an eligible Oklahoma Higher Learning Access Program student is entitled to; making modification apply to students enrolled in the program after a certain school year; basing the amount of award on the amount of income of the parent; establishing percentages; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2011, Section 2603, is amended to read as follows:
Section 2603.  A.  Except as otherwise provided for in subsection B of this section and elsewhere in this section, to be eligible to participate in the Oklahoma Higher Learning Access Program and to qualify for an award ~~which includes payment of an amount equivalent to resident tuition or other tuition~~ pursuant to Section 2604 of this title for the first semester or other academic unit of postsecondary enrollment, a student shall:
1.  Be a resident of this state or be 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;
2.  Be a United States citizen or lawfully present in the United States.  A student who is not a United States citizen or lawfully present in the United States shall not be eligible to participate in the Oklahoma Higher Learning Access Program and to qualify for an award notwithstanding the provisions of Section 3242 of this title.  The provisions of this paragraph shall not apply to any student who was enrolled in the Oklahoma Higher Learning Access Program prior to the end of the 2006-2007 school year;
3.  Have a record of satisfactory compliance with agreements executed pursuant to Section 2605 of this title;
4.	a.	have graduated within the previous three (3) years from a high school accredited by the State Board of Education, or the Oklahoma School of Science and Mathematics with a minimum 2.5 cumulative grade point average on a 4.0 scale for all work attempted in grades nine through twelve,
b.	have graduated within the previous three (3) years from a high school not accredited by the State Board of Education with a minimum 2.5 cumulative grade point average on a 4.0 scale for all work attempted in grades nine through twelve and have achieved a composite score of 22 or higher on the ACT test, or
c.	have satisfactorily completed within the previous three (3) years an educational program that was provided through a means other than a public or private school and have achieved a composite score of 22 or higher on the ACT test;
5.  Have completed the curricular requirements for admission to an institution within The Oklahoma State System of Higher Education and one additional unit or set of competencies in a course that meets college admission requirements.  The curriculum requirements shall include two units or sets of competencies in foreign or non-English language or technology courses that meet the college admission requirements and one unit or set of competencies of a fine arts course.  Students shall also have attained a 2.5 grade point average in the core curriculum courses.  Students who attended a high school which did not offer all the core curriculum courses or students who were educated by other means and were not offered all the core curriculum courses shall be allowed to satisfy this curriculum requirement by participating in a program approved by the State Regents for remediation of high school curricular deficiencies;
6.  Have satisfied admission standards as determined by the Oklahoma State Regents for Higher Education for first-time-entering students for the appropriate type of institution, or, if attending a private institution, have satisfied admission standards as determined by the private institution.  No student participating in the Oklahoma Higher Learning Access Program shall be admitted into an institution of higher education by special admission standards;
7.  Have secured admission to, and enrolled in, an institution which is a member of The Oklahoma State System of Higher Education, a postsecondary vocational-technical program offered pursuant to a duly approved cooperative agreement between a technology center school and an institution of The Oklahoma State System of Higher Education, or a private institution of higher learning located within this state and accredited pursuant to Section 4103 of this title; and
8.	a.	have established financial need according to the provisions of subsection D of Section 2605 of this title and standards and provisions promulgated by the Oklahoma State Regents for Higher Education,
b.	if the student 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, have established financial need according to the provisions of paragraph 1 of subsection E of Section 2605 of this title and standards and provisions promulgated by the Oklahoma State Regents for Higher Education, or
c.	if the student 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, have established financial need according to the provisions of paragraph 2 of subsection E of Section 2605 of this title and standards and provisions promulgated by the Oklahoma State Regents for Higher Education.
B.  1.  A student shall be eligible to participate in the Oklahoma Higher Learning Access Program and to qualify for an award ~~which includes payment of an amount equivalent to resident tuition or other tuition~~ pursuant to Section 2604 of this title for the first semester or other academic unit of postsecondary enrollment if the student meets all of the following criteria:
a.	is a child of any person killed after January 1, 2000, in the line of duty in any branch of the United States Armed Forces or who died after January 1, 2000, as a result of an injury sustained while in the line of duty in any branch of the United States Armed Forces and the person who was killed or died filed an individual or joint Oklahoma income tax return for the tax year prior to the year during which the person was killed or died,
b.	is a resident of this state or is 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,
c.	enrolls in an institution within The Oklahoma State System of Higher Education prior to reaching the age of twenty-one (21),
d.	has satisfied admission standards as determined by the Oklahoma State Regents for Higher Education for first-time-entering students for the appropriate type of institution, or, if attending a private institution, has satisfied admission standards as determined by the private institution.  No student participating in the Oklahoma Higher Learning Access Program shall be admitted into an institution of higher education by special admission standards,
e.	has secured admission to, and enrolled in, an institution which is a member of The Oklahoma State System of Higher Education, a postsecondary vocational-technical program offered pursuant to a duly approved cooperative agreement between a technology center school and an institution of The Oklahoma State System of Higher Education, or a private institution of higher learning located within this state and accredited pursuant to Section 4103 of this title, and
f.	executes an agreement pursuant to subsection C of Section 2605 of this title.
2.  A student who is eligible to participate in the program pursuant to this subsection shall not be required to meet the eligibility requirements set forth in subsection A of this section.
C.  To retain eligibility while pursuing the program of higher learning in which enrolled, the student shall:
1.  Achieve a minimum cumulative grade point average of 2.0 on a 4.0 scale or its equivalent for courses taken through the student's sophomore year and achieve a minimum grade point average of 2.5 on a 4.0 scale or its equivalent for courses taken during the student's junior year and thereafter.  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 2010-2011 school year;
2.  Maintain good academic standing and satisfactory academic progress according to standards of the Oklahoma State Regents for Higher Education;
3.  Maintain satisfactory academic progress as required for eligibility for federal Title IV student financial aid programs.  The provisions of this paragraph shall become effective for the 2012-2013 school year;
4.  Comply with the standards related to maintenance of eligibility as promulgated by the Oklahoma State Regents for Higher Education; and
5.  Refrain from conduct that leads to expulsion or suspension of more than one semester from an institution of higher education.  A student who violates the provisions of this paragraph shall permanently lose eligibility for program benefits.  The provisions of this paragraph shall become effective January 1, 2008.
D.  The Oklahoma State Regents for Higher Education and the State Board of Career and Technology Education shall promulgate rules relating to maintenance of eligibility under this act by a student.
E.  It is the intent of the Legislature that students in the ninth grade for the 1992-93 school year who are determined to be eligible Oklahoma Higher Learning Access students pursuant to this act shall be the first students eligible for benefits from the Oklahoma Higher Learning Access Trust Fund.
F.  The Oklahoma State Regents for Higher Education are authorized to study, develop and propose criteria for determining award eligibility based upon the completion of seven (7) semesters of high school coursework by a student.
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 2604, is amended to read as follows:
Section 2604.  A.  1.  Subject to the availability of funds, an amount equivalent to the nonguaranteed resident tuition for which an eligible Oklahoma Higher Learning Access Program student is obligated at an institution of The Oklahoma State System of Higher Education shall be awarded by allocation from the Oklahoma Higher Learning Access Trust Fund.  The provisions of this paragraph shall apply to any student who was enrolled in the Oklahoma Higher Learning Access Program prior to the beginning of the 2013-2014 school year.
2.  Subject to the availability of funds, for any eligible Oklahoma Higher Learning Access Program student enrolled in the program after the beginning of the 2013-2014 school year, the award that any eligible student enrolled at an institution in The Oklahoma State System of Higher Education is entitled to shall be determined as follows:
a.	one hundred percent (100%) of an amount equivalent to the nonguaranteed resident tuition for which the student is obligated at an institution in The Oklahoma State System of Higher Education if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is less than Fifty Thousand Dollars ($50,000.00) per year,
b.	ninety percent (90%) of an amount equivalent to the nonguaranteed resident tuition for which the student is obligated at an institution in The Oklahoma State System of Higher Education if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Fifty Thousand Dollars ($50,000.00) per year but less than Sixty Thousand Dollars ($60,000.00) per year,
c.	eighty percent (80%) of an amount equivalent to the nonguaranteed resident tuition for which the student is obligated at an institution in The Oklahoma State System of Higher Education if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Sixty Thousand Dollars ($60,000.00) per year but less than Seventy Thousand Dollars ($70,000.00) per year,
d.	seventy percent (70%) of an amount equivalent to the nonguaranteed resident tuition for which the student is obligated at an institution in The Oklahoma State System of Higher Education if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Seventy Thousand Dollars ($70,000.00) per year but less than Eighty Thousand Dollars ($80,000.00) per year,
e.	sixty percent (60%) of an amount equivalent to the nonguaranteed resident tuition for which the student is obligated at an institution in The Oklahoma State System of Higher Education if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Eighty Thousand Dollars ($80,000.00) per year but less than Ninety Thousand Dollars ($90,000.00) per year, or
f.	fifty percent (50%) of an amount equivalent to the nonguaranteed resident tuition for which the student is obligated at an institution in The Oklahoma State System of Higher Education if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Ninety Thousand Dollars ($90,000.00) per year but less than One Hundred Thousand Dollars ($100,000.00) per year.
3.  Awards made to an eligible Oklahoma Higher Learning Access Program student pursuant to paragraph 2 of this subsection shall be awarded by allocation from the Oklahoma Higher Learning Access Trust Fund.
B.  1.  Subject to the availability of funds, for each eligible Oklahoma Higher Learning Access Program student enrolled in the Program prior to the beginning of the 2013-2014 school year, and who is enrolled at a private institution of higher learning located within this state and accredited pursuant to Section 4103 of this title, the Oklahoma State Regents for Higher Education shall award from the Oklahoma Higher Learning Access Trust Fund an amount equivalent to the amount of resident tuition for which the student would be eligible if the student were enrolled in a comparable program at a comparable institution of The Oklahoma State System of Higher Education.  
2.  Subject to the availability of funds, for each eligible Oklahoma Higher Learning Access Program student enrolled in the Program after the beginning of the 2013-2014 school year, and who is enrolled at a private institution of higher learning located within this state and accredited pursuant to Section 4103 of this title, the Oklahoma State Regents for Higher Education shall award by allocation from the Oklahoma Higher Learning Access Trust Fund an amount as determined pursuant to paragraph 2 of subsection A of this section for which the student would be eligible if the student were enrolled in a comparable program at a comparable institution within The Oklahoma State System of Higher Education.
3.  Comparability shall be determined by the State Regents.
C.  1.  Subject to the availability of funds, an amount equivalent to the tuition for any eligible Oklahoma Higher Learning Access Program student enrolled in a public postsecondary vocational-technical program or course for the purpose set forth in Section 2602 of this title shall be awarded by allocation from the Oklahoma Higher Learning Access Trust Fund. Provided, such allocation shall not exceed the amount a student would have received for comparable enrollment at a two-year institution within The Oklahoma State System of Higher Education.  The provisions of this paragraph shall apply to any student who was enrolled in the Oklahoma Higher Learning Access Program prior to the beginning of the 2013-2014 school year.
2.  Subject to the availability of funds, for any eligible Oklahoma Higher Learning Access Program student enrolled in the Program after the beginning of the 2013-2014 school year, the amount of award an eligible student enrolled in a public postsecondary vocational-technical program or course, for the purpose set forth in Section 2602 of this title, is entitled to shall be determined as follows:
a.	one hundred percent (100%) of an amount equivalent to the tuition for which the student is obligated at a public postsecondary vocational-technical program or course if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is less than Fifty Thousand Dollars ($50,000.00) per year,
b.	ninety percent (90%) of an amount equivalent to the tuition for which the student is obligated at a public postsecondary vocational-technical program or course if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Fifty Thousand Dollars ($50,000.00) per year but less than Sixty Thousand Dollars ($60,000.00) per year,
c.	eighty percent (80%) of an amount equivalent to the tuition for which the student is obligated at a public postsecondary vocational-technical program or course if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Sixty Thousand Dollars ($60,000.00) per year but less than Seventy Thousand Dollars ($70,000.00) per year,
d.	seventy percent (70%) of an amount equivalent to the tuition for which the student is obligated at a public postsecondary vocational-technical program or course if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Seventy Thousand Dollars ($70,000.00) per year but less than Eighty Thousand Dollars ($80,000.00) per year,
e.	sixty percent (60%) of an amount equivalent to the tuition for which the student is obligated at a public postsecondary vocational-technical program or course if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Eighty Thousand Dollars ($80,000.00) per year but less than Ninety Thousand Dollars ($90,000.00) per year, or
f.	fifty percent (50%) of an amount equivalent to the tuition for which the student is obligated at a public postsecondary vocational-technical program or course if, at the time the student begins postsecondary education and prior to receiving any Oklahoma Higher Learning Access Program benefit award, the federal adjusted gross income of the student’s parent(s) is more than Ninety Thousand Dollars ($90,000.00) per year but less than One Hundred Thousand Dollars ($100,000.00) per year.
3.  Awards made to an eligible Oklahoma Higher Learning Access Program student pursuant to paragraph 2 of this subsection shall be awarded by allocation from the Oklahoma Higher Learning Access Trust Fund.
4.  Allocations made pursuant to paragraph 2 of this subsection shall not exceed the amount a student would have received for comparable enrollment at a two-year institution within The Oklahoma State System of Higher Education as set forth in paragraph 2 of subsection A of this section.
D.  1.  An award allowed by this section shall not be allowed for courses or other postsecondary units taken in excess of the requirements for completion of a baccalaureate program or taken more than five (5) years after the student's first semester of postsecondary enrollment.  The Oklahoma State Regents for Higher Education may award the Oklahoma Higher Learning Access Program benefits for courses of postsecondary units taken more than five (5) years after the student's first semester of postsecondary enrollment only in hardship circumstances~~; provided, however, no~~.  No Oklahoma Higher Learning Access Program participant may receive benefits beyond a cumulative time period of five (5) years.
2.  The Oklahoma State Regents for Higher Education may award the Oklahoma Higher Learning Access Program benefits for a student’s first semester or other academic unit of postsecondary enrollment taken more than three (3) years after the student graduates from high school or completes an educational program equivalent to high school graduation as authorized in subsection A of Section 2603 of this title or after the student turns twenty-one (21) years of age as authorized in subsection B of Section 2603 of this title if the student is a member of the Armed Forces of the United States, the Reserve Corps of the Armed Forces of the United States, or the Oklahoma National Guard, and is ordered to active duty or active duty for special work or training and due to the duty commitment the student is unable to enroll prior to the end of the three-year period or before the student reaches twenty-one (21) years of age.  The period shall be extended by the length of the term of duty.
3.  The Oklahoma State Regents for Higher Education may establish a maximum limit on the number of courses or other postsecondary units to which Oklahoma Higher Learning Access Program benefits will apply.
4.  An award for eligible Oklahoma Higher Learning Access Program students enrolled in cooperative programs pursuant to agreements between technology center schools and institutions of The Oklahoma State System of Higher Education shall be satisfied for both vocational-technical and college work in which enrolled pursuant to such cooperative program.
E.  Benefits awarded under the Oklahoma Higher Learning Access Program shall be awarded to all eligible applicants without any limitation on the number of awards in any year other than the amount of funds available for the program and the number of eligible applicants.  Subject to the provisions of subsection F of this section, if funds are not sufficient to provide awards for all eligible applicants, the Oklahoma State Regents for Higher Education shall make awards on the basis of need.  Provided, the Oklahoma State Regents for Higher Education shall take into consideration other grants and scholarships received by an eligible applicant when making awards.
F.  The Oklahoma State Regents for Higher Education may, at the time an award is made on behalf of an Oklahoma Higher Learning Access Program student, set aside in the Oklahoma Higher Learning Access Trust Fund funds for the full commitment made to such Higher Learning Access Program student.  For all academic years, students who have previously received awards under the provisions of the Oklahoma Higher Learning Access Act~~, Section 2601 et seq. of this title,~~ and who have continued at all times to fulfill the requirements for eligibility to receive awards provided pursuant to this program shall be given an absolute priority for continued financial support by the Oklahoma Higher Learning Access Program superior to any students who are applying for ~~such~~ benefits for the first time.
SECTION 3.  This act shall become effective November 1, 2012.
Passed the House of Representatives the 5th day of March, 2012.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2012.

	
Presiding Officer of the Senate