Okla. Admin. Code § 610:25-23-5

Current through Vol. 42, No. 8, January 2, 2025

Section 610:25-23-5 - Securing Program benefits

(a) To qualify for the program benefits for the first semester or other academic unit of postsecondary enrollment, the participant must:

(1) Be a resident of this state both at the time of application to the program and at the time the student graduates from high school, or have been 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 Title 70 of the Oklahoma Statutes.

(2) Have graduated within the previous three (3) calendar years from a high school or other educational program if home schooled. The Oklahoma State Regents for Higher Education (OSRHE) may award benefits for a student's first semester or other academic unit of postsecondary enrollment taken more than three (3) calendar years after the student graduates from high school, or other educational program if home schooled, 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) Have a record of satisfactory compliance with the agreements and program requirements described in 610:25-23-4. Students failing to comply with the agreement and program requirements shall not be eligible for awards. Compliance shall be verified by the local contact person upon a form provided by the OSRHE. Final verification of compliance shall be determined by the OSRHE. A copy of the student's final high school transcript shall be submitted by the local contact person with the student's verification form.

(4) Have satisfied admission standards as established by the OSRHE for first-time-entering students for the appropriate type of institution (OSRHE policy on Institutional Admission and Retention) or, if attending a private institution, satisfy the admission standards determined by the private institution; provided, that no student participating in the program shall be admitted into an institution of higher education by special admission standards.

(5) Have secured admission to, and enrolled in, an institution which is a member of The Oklahoma State System of Higher Education, a postsecondary career technology program that meets the requirements to be eligible for federal student financial aid and is offered by a technology center school supervised by the State Board of Career and Technology Education, or a private institution of higher learning located within this state and accredited pursuant to Section 4103 of Title 70 of the Oklahoma Statutes.

(6) Be a United States citizen or lawfully present in the United States. This provision shall not apply to any student that was enrolled in the program prior to the end of 2006-2007 school year.

(b) For students receiving the program benefit award for the first time in 2012-2013 through 2017-2018, at the time the student begins postsecondary education and prior to receiving any program benefit award, the federal adjusted gross income of the student's parent(s) shall not exceed $100,000 per year. Beginning with the 2018-2019 academic year, prior to receiving any Oklahoma Higher Learning Access Program benefit award for any year during which the student is enrolled in an eligible institution, the federal adjusted gross income of the student's parent(s) shall not exceed $100,000 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 the student:

(1) is determined to be independent of the student's parents for federal financial aid purposes,

(2) was in the permanent custody of the Department of Human Services at the time the student enrolled it the program, or

(3) was in the court-ordered custody of a federally-recognized Indian tribe, as defined by the federal Indian Child Welfare Act, at the time the student enrolled in the program.

(c) A student who was adopted 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 be subject to the following financial qualification at the time the student begins postsecondary education and prior to receiving any program benefit award:

(1) For a student adopted between birth and twelve (12) years of age, the federal adjusted gross income of the student's parent(s) may not exceed $150,000 per year.

(2) For a student adopted between thirteen (13) and seventeen (17) years of age, the federal adjusted gross income of the student's parent(s) may not exceed $200,000 per year.

(3) If the student is determined to be independent of the student's parents for federal financial aid purposes, the determination of financial qualification shall be based on the income of the student, not the income of the parent(s).

(d) Award recipients shall apply for financial aid at the institution in which they enroll.

(e) Beginning in 2018-2019 and thereafter, all students eligible to receive the program benefit award must complete an application for federal student financial aid (Free Application for Federal Student Aid or FAFSA) each year the student is enrolled in postsecondary education. Students not eligible to complete the FAFSA may be provided an alternate method by the OSRHE. Income information submitted through the FAFSA shall be used to determine compliance with the income limits described in sections (b) and (c) above. Any falsified or incomplete information submitted by the student or parent(s) may result in the student's disqualification from the program.

(f) Any person incarcerated in a state, federal, or private correctional facility shall not be eligible to receive program benefits.

Okla. Admin. Code § 610:25-23-5

Added at 13 Ok Reg 767, eff 10-24-95 (emergency); Added at 13 Ok Reg 1377, eff 5-13-96; Amended at 14 Ok Reg 164, eff 10-15-96 (emergency); Amended at 14 Ok Reg 1419, eff 5-12-97; Amended at 18 Ok Reg 1779, eff 5-25-01; Amended at 19 Ok Reg 2962, eff 7-23-02 (emergency); Amended at 20 Ok Reg 2572, eff 7-11-03; Amended at 21 Ok Reg 1428, eff 5-27-04; Amended at 22 Ok Reg 2628, eff 7-11-05; Amended at 24 Ok Reg 2718, eff 7-26-07; Amended at 25 Ok Reg 2592, eff 7-11-08; Amended at 26 Ok Reg 201, eff 10-17-08 (emergency); Amended at 26 Ok Reg 1325, eff 5-25-09; Amended at 27 Ok Reg 334, eff 11-10-09 (emergency); Amended at 27 Ok Reg 1278, eff 5-27-10; Amended at 29 Ok Reg 677, eff 5-25-12

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018