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70 Okl.St.Ann. § 2603
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Oklahoma Statutes Annotated Currentness
Title 70. Schools
Division IV. Universities, Colleges, and Schools of Special Character
Chapter 45. General and Miscellaneous Provisions
Oklahoma Higher Learning Access Act
§
2603. Eligibility requirements
A.
Except as otherwise provided for 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.
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.
CREDIT(S)
Laws
1992, c. 353, § 3, eff. July 1, 1992; Laws 1994, c. 153, § 2, emerg. eff. May 3, 1994; Laws 1995, c. 322, § 29, eff. July 1, 1995; Laws 1996, c. 119, § 1, eff. July 1, 1996; Laws 1999, c. 190, § 1; Laws 2000, c. 232, § 13, eff. July 1, 2000; Laws 2001, c.
33, § 144, eff. July 1, 2001; Laws 2002, c. 293, § 1, emerg. eff. May 22, 2002; Laws 2007, c. 355, § 6, emerg. eff. June 4, 2007; Laws
2008, c. 3, § 41, emerg. eff. Feb. 28,
2008; Laws
2008, c. 409, § 1, emerg. eff. June 3,
2008; Laws
2009, c. 2, § 32, emerg. eff. March 12,
2009.
25 U.S.C.A. § 1901 et seq.
Title 70, § 2601 et seq.
HISTORICAL AND STATUTORY NOTES
2005 Main Volume
The 1994 amendment, in subsection A, in
the introductory clause substituted "2604 of this title" for "4 of this act", in paragraph 2 substituted "2605 of this title" for "5 of this act", and rewrote paragraph 4, which prior thereto read:
"Have satisfied a fifteen-unit high school core curriculum as adopted by the Oklahoma State Regents for Higher Education, and have attained a 2.5 grade point average in the
core curriculum courses; provided that students who attended a high school which did not offer all the core curriculum courses shall be allowed to satisfy this requirement by participating in a program approved by the State Regents for remediation of high
school curricular deficiencies;".
The 1995 amendment, in subsection A, rewrote paragraph 4, which prior thereto read:
"Have satisfied a fifteen-unit high school core curriculum as adopted by the Oklahoma State Regents for Higher Education and have attained a 2.5 grade point average in the
core curriculum courses if the student was in the ninth grade during the 1992-93 or 1993-94 school year; or have satisfied a seventeen-unit high school core curriculum to be prescribed by the Oklahoma State Regents for
Higher Education and have attained
a 2.5 grade point average in the core curriculum courses if the student was in the ninth grade during the 1994-95 or later school years; provided that students who attended a high school which did not offer all the core curriculum courses shall be allowed
to satisfy this requirement by participating in a program approved by the State Regents for remediation of high school curricular deficiencies;"
; and in paragraph 7, substituted "Oklahoma State Regents for Higher Education" for "State Board of Education".
The 1996 amendment, in subsection A, in paragraph 3 inserted ", or the Oklahoma School of Science and Mathematics", in paragraph 4 substituted "Students" for "Student" and
inserted ", irrespective of honor points", and in paragraph 6 substituted "this title" for "Title 70 of the Oklahoma Statutes"; and added subsection E.
Laws 1999, c. 190, § 1, in subsection A, in paragraph 3, deleted ", irrespective of honor points," following "scale", in paragraph 4, in the second sentence, deleted ", irrespective
of honor points" following "courses", rewrote paragraph 7, which prior thereto read:
"Have established financial need during
the ninth-grade year or tenth-grade year if enrolled during the tenth grade according to the standards and provisions promulgated by the Oklahoma State Regents for Higher Education; a student who satisfies the financial need criteria during the ninth-or tenth-grade
when he or she begins participating in the Oklahoma Higher Learning Access Program shall not later be denied participation in the Oklahoma Higher Learning Access Program on grounds that the student does not meet the financial need criteria."
; in subsection C, substituted "rules" for "regulations".
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, § 13, in subsection A, in the introductory paragraph, inserted "an award which includes" and substituted "an amount equivalent to resident tuition or other"
for "general enrollment fees or", in paragraph 4, rewrote the first sentence, which prior thereto read,
"Have satisfied the high school curricular
requirements adopted by the Oklahoma State Regents for Higher Education and required for students participating in the Oklahoma Higher Learning Access Program."
; and made a nonsubstantive change.
Laws 2001, c. 33, § 144, in subsection A, in paragraph 6, substituted "a technology center" for "an area vocational-technical"; and in subsection C, substituted "Career and
Technology Education" for "Vocational and Technical Education".
Laws 2002, c. 293, § 1, in subsection A, in paragraph 3, inserted subparagraph designator A and subparagraph b and made a nonsubstantive change.
2010 Electronic Update
Laws 2007, c. 355, § 6, in subsection A, inserted paragraph 2, redesignated former paragraphs 2 through 7 as paragraphs 3 through 8, in paragraph 4, in subparagraph b, substituted
"ACT test, or" for "American College Test" and added subparagraph c, in paragraph 5, in the fourth sentence, inserted "or students who were educated by other means and were not offered all the core
curriculum courses" and inserted
"curriculum" preceding "requirement", rewrote paragraph 8, which prior thereto read:
"Have established financial need during the eighth-grade year, ninth-grade year or tenth-grade year according to the standards and provisions promulgated by the Oklahoma
State Regents for Higher Education; a student who satisfies the financial need criteria upon initial participation in the Oklahoma Higher Learning Access Program during the eighth, ninth, or tenth grade shall not later be denied participation in the Oklahoma
Higher Learning Access Program on grounds that the student does not meet the financial need criteria."
; in subsection B, inserted paragraph 1, redesignated former paragraphs 1 and 2 as paragraphs 2 and 3, and added paragraph 4; and made nonsubstantive changes.
Laws 2008, c. 3, § 41, in subsection A, rewrote paragraph 1, which prior thereto read:
"1. Be a resident of this state;"
, and in paragraph 6, created a second sentence by substituting "institution.
No" for "institution; provided,
no" and made nonsubstantive change.
Section 1 of Laws 2007, c. 262, amending this section, was repealed by Laws 2008, c. 3, § 42.
Laws 2008, c. 409, § 1, in subsection A, in the introductory paragraph, substituted "Except as otherwise provided for in this section, to" for "To" and rewrote paragraph
8, which prior thereto read:
"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."
Laws 2009, c. 2, § 32, in subsection B, in paragraph 1, in the first sentence, inserted "cumulative" and substituted "through" for "during", in the second sentence, substituted
"2010-2011" for "2009-2010".
Section 2 of Laws 2008, c. 350, amending this section, was repealed by Laws 2009, c. 2, § 33.
70 Okl. St. Ann. § 2603, OK ST T. 70 §
2603
Current with chapters of the Second
Regular Session of the 52nd Legislature
(2010) effective September 1, 2010.