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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3493 By: Eaves
AS INTRODUCED
An Act relating to higher education; amending 70 O.S.
2021, Section 3242, which relates to eligibility for
resident tuition; removing option to file application
or affidavit to receive resident tuition; amending 70
O.S. 2021, Section 3242.2, which relates to
eligibility for postsecondary education benefits and
resident tuition; removing certain reference;
requiring documentation of United State nationality
or status as an alien lawfully present in the United
States to receive certain public funds for higher
education tuition; providing for codification;
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. 2021, Section 3242,
is amended to read as follows:
Section 3242. A. The Oklahoma State Regents for Higher
Education may adopt a policy which allows a student to enroll
in an institution within The Oklahoma State System of Higher
Education and allows a student to be eligible for resident
tuition if the student:
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1. Graduated from a public or private high school in this
state; and
2. Resided in this state with a parent or legal guardian while
attending classes at a public or private high school in this state
for at least two (2) years prior to graduation.
B. To be eligible for the provisions of subsection A of this
section, an eligible student shall:
1. Satisfy admission standards as determined by the Oklahoma
State Regents for Higher Education for the appropriate type of
institution and have secured admission to, and enrolled in, an
institution within The Oklahoma State System of Higher Education;
and
2. If the student cannot present Present to the institution
valid documentation of United States nationality or an immigration
status permitting study at a postsecondary institution: of status as
an alien lawfully present in the United States.
a. provide to the institution a copy of a true and
correct application or petition filed with the United
States Citizenship and Immigration Services to
legalize the student's immigration status, or
b. file an affidavit with the institution stating that
the student will file an application to legalize his
or her immigration status at the earliest opportunity
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the student is eligible to do so, but in no case later
than:
(1) one (1) year after the date on which the student
enrolls for study at the institution, or
(2) if there is no formal process to permit children
of parents without lawful immigration status to
apply for lawful status without risk of
deportation, one (1) year after the date the
United States Citizenship and Immigration
Services provide such a formal process, and
c. if the student files an affidavit pursuant to
subparagraph b of this paragraph, present to the
institution a copy of a true and correct application
or petition filed with the United States Citizenship
and Immigration Services no later than:
(1) one (1) year after the date on which the student
enrolls for study at the institution, or
(2) if there is no formal process to permit children
of parents without lawful immigration status to
apply for lawful status without risk of
deportation, one (1) year after the date the
United States Citizenship and Immigration
Services provide such a formal process, which
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copy shall be maintained in the institution's
records for that student.
C. Any student who completes the required criteria prescribed
in subsection A of this section, paragraph 1 of subsection B of this
section, and subparagraph a of paragraph 2 of subsection B of this
section shall not be disqualified on the basis of the student's
immigration status from any scholarships or financial aid provided
by this state.
D. The provisions of this section shall not impose any
additional conditions to maintain resident tuition status at a
postsecondary educational institution within The Oklahoma State
System of Higher Education on a student who was enrolled in a degree
program and first received such resident tuition status at that
institution during the 2006-2007 school year or any prior year.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 3242.2, is
amended to read as follows:
Section 3242.2. A. Except as otherwise provided in Section
3242 of Title 70 of the Oklahoma Statutes, an An individual who is
not lawfully present in the United States shall not be eligible on
the basis of residence within the state for:
1. Any postsecondary education benefit, including, but not
limited to, scholarships or financial aid; or
2. Resident tuition.
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B. The provisions of subsection A of this section shall not
apply to a student enrolled in a degree program at a postsecondary
educational institution within The Oklahoma State System of Higher
Education during the 2006-2007 school year or any prior year who
received a resident tuition benefit pursuant to Section 3242 of
Title 70 of the Oklahoma Statutes at that institution.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3242.4 of Title 70, unless there
is created a duplication in numbering, reads as follows:
To be eligible for any grant, scholarship, stipends, subsidies,
or reduction to tuition or fees funded, in whole or part, by
taxpayer dollars through local, state, or federal monies at any
state educational institution within The Oklahoma State System of
Higher Education, a student shall present to the institution valid
documentation of United States nationality or as an alien lawfully
present in the United States.
SECTION 4. This act shall become effective July 1, 2026.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or 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.
60-2-13871 AQH 09/24/25