STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 656	By:	Bass

AS INTRODUCED

An Act relating to higher education; amending 70 O.S. 2001, Sections 2602, 2603 and 2604, as amended by Section 7, Chapter 278, O.S.L. 2006, as last amended by Section 2, Chapter 350, O.S.L. 2008, and as amended by Section 3, Chapter 350, O.S.L. 2008 (70 O.S. Supp. 2008, Sections 2602, 2603 and 2604), which relate to the Oklahoma Higher Learning Access Act; providing for award of mandatory fees and portion of costs of required textbooks; providing certain limitation; making certain requirement; amending 70 O.S. 2001, Section 3953.1, as amended by Section 8, Chapter 355, O.S.L. 2007 (70 O.S. Supp. 2008, Section 3953.1), which relates to the Oklahoma Higher Learning Access Trust Fund; authorizing allocation from trust fund for certain purposes; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     70 O.S. 2001, Section 2602, as amended by Section 7, Chapter 278, O.S.L. 2006 (70 O.S. Supp. 2008, Section 2602), is amended to read as follows:
Section 2602.  There is hereby created the Oklahoma Higher Learning Access Program.  The program shall also be known as “Oklahoma’s Promise”.  The purpose of the program is to provide an award to students who meet the criteria set forth in the Oklahoma Higher Learning Access Act, Section 2601 et seq. of this title, and who are pursuing studies in this state leading to an associate or baccalaureate degree or who are pursuing studies in a postsecondary vocational-technical program or course offered pursuant to a duly approved cooperative agreement between a technology center school and an institution of The Oklahoma State System of Higher Education, and who are in good academic standing in the institution of higher education or technology center school in which enrolled, to relieve them of the burden of paying resident tuition, mandatory fees, and a portion of the cost of required textbooks at institutions of The Oklahoma State System of Higher Education, to relieve them of the burden of paying tuition, mandatory fees, and a portion of the cost of required textbooks for enrollment in postsecondary programs of the technology center districts, or to relieve them of some portion of the burden of paying such fees or tuition, mandatory fees, and a portion of the cost of required textbooks pursuant to the provisions of this act the Oklahoma Higher Learning Access Act, as may be required of enrollees at private institutions of higher education which are accredited pursuant to Section 4103 of this title.  The further purpose of this program is to establish and maintain a variety of support services whereby a broader range of the general student population of this state will be prepared for success in postsecondary endeavors.
SECTION 2.     AMENDATORY     70 O.S. 2001, Section 2603, as last amended by Section 2, Chapter 350, O.S.L. 2008 (70 O.S. Supp. 2008, Section 2603), is amended to read as follows:
Section 2603.  A.  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, mandatory fees, and a portion of the cost of required textbooks 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.  Have established financial need according to the provisions of Section 2605 of this title and standards and provisions promulgated by the Oklahoma State Regents for Higher Education.
B.  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.  Comply with the standards related to maintenance of eligibility as promulgated by the Oklahoma State Regents for Higher Education; and
4.  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.
C.  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.
D.  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.
E.  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 3.     AMENDATORY     70 O.S. 2001, Section 2604, as amended by Section 3, Chapter 350, O.S.L. 2008 (70 O.S. Supp. 2008, Section 2604), is amended to read as follows:
Section 2604.  A.  1.  Subject to the availability of funds, an amount equivalent to the resident tuition and mandatory fees 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.
B. 2.  Subject to the availability of funds, for each eligible Oklahoma Higher Learning Access Program student 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 and mandatory fees 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.  Comparability shall be determined by the State Regents.
C. 3.  Subject to the availability of funds, an amount equivalent to the tuition and mandatory fees 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.
B.  Subject to the availability of funds, an amount equivalent to the cost of required textbooks, not to exceed One Thousand Dollars ($1,000.00) per academic year, shall be awarded to each Oklahoma Higher Learning Access Program student by allocation from the Oklahoma Higher Learning Access Trust Fund; provided, any textbooks received with funds pursuant to this subsection shall be returned to the institution attended by the student and the student shall be afforded the opportunity to purchase the textbooks at the time of return.
D. C.  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 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 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.  Such three-year 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. D.  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 E 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. E.  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 4.     AMENDATORY     70 O.S. 2001, Section 3953.1, as amended by Section 8, Chapter 355, O.S.L. 2007 (70 O.S. Supp. 2008, Section 3953.1), is amended to read as follows:
Section 3953.1  A.  There is hereby created a trust fund to be known as the "Oklahoma Higher Learning Access Trust Fund".  The Oklahoma State Regents for Higher Education shall be the trustees of said Trust Fund.
B.  The State Regents shall utilize said Trust Fund to implement the provisions of Sections 2601 through 2604 of this title.
C.  The Trust Fund principal shall consist of monies the Legislature appropriates or transfers to the Oklahoma State Regents for Higher Education for the Trust Fund and any monies or assets contributed to the Trust Fund from any other source, public or private.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the State Regents.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
D.  Notwithstanding other provisions of law, income and investment return on Trust Fund principal shall accrue to the Trust Fund for use as provided by authorization of the trustees for the purposes provided in Sections 2601 through 2604 of this title.  The State Regents may also utilize the Trust Fund principal for the purposes provided in Sections 2601 through 2604 of this title.  Except as otherwise provided by law, no such income or investment return or principal shall be used for administrative expenses; expenses incurred by the State Regents in the administration of the Trust Fund and of the Oklahoma Higher Learning Access Program established by the Oklahoma Higher Learning Access Act shall be paid from monies appropriated to the State Regents coordinating board for their general operating budget.
E.  The Regents shall adopt rules for accomplishing transfer of funds from the Oklahoma Higher Learning Access Trust Fund to the appropriate institutional Educational and General Operations Revolving Funds, as provided in Section 3901 of this title, to private institutions, and to the appropriate technology center school district to cover general enrollment fees or tuition, mandatory fees, and a portion of the cost of required textbooks for eligible students pursuant to the Oklahoma Higher Learning Access Act.  Allocations from the Trust Fund may be made only for the purpose of covering the general enrollment fees or tuition, mandatory fees, and a portion of the cost of required textbooks of eligible students.  No portion of the Trust Fund may be used or allocated for administrative or operating expenses of any higher education institution or technology center school.
SECTION 5.  This act shall become effective July 1, 2009.
SECTION 6.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-1321	KM	1/13/2009 3:52:49 PM