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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1340 By: Pugh
AS INTRODUCED
An Act relating to the Oklahoma Higher Learning
Access Program; amending 70 O.S. 2021, Section 2605,
as last amended by Section 2, Chapter 485, O.S.L.
2025 (70 O.S. Supp. 2025, Section 2605), which
relates to student agreements; increasing income
eligibility limits beginning in certain school year;
increasing income limit to receive any Oklahoma
Higher Learning Access Program benefit award
beginning in certain academic year; updating
statutory references; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 2605, as
last amended by Section 2, Chapter 485, O.S.L. 2025 (70 O.S. Supp.
2025, Section 2605), is amended to read as follows:
Section 2605. A. Each school year, every fifth- through
eleventh-grade student in the public and private schools of this
state and students who are educated by other means and are in the
equivalent of the fifth through eleventh grade shall be apprised,
together with the parent, custodial parent, or guardian of the
student, of the opportunity for access to higher learning under the
Oklahoma Higher Learning Access Program. The Oklahoma State Regents
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for Higher Education and the State Board of Education shall develop,
promote, and coordinate a public awareness program to be utilized in
making students and parents aware of the Oklahoma Higher Learning
Access Program.
B. On a form provided by the Oklahoma State Regents for Higher
Education, every public school district shall designate at least one
Oklahoma Higher Learning Access Program contact person, who shall be
a counselor or teacher, at each public school site in this state in
which eighth-, ninth-, tenth-, or eleventh-grade classes are taught.
When requested by the State Regents, the State Board of Education
shall assist the State Regents to ensure the designation of contact
persons. Private schools shall also designate at least one school
official as a contact person. For students who are educated by
other means, a parent or guardian or other person approved by the
State Regents shall be designated the contact person.
C. 1. Students who qualify on the basis of financial need
according to subsection D or E of this section or who meet the
eligibility qualification set forth in subparagraph a of paragraph 1
of subsection B of Section 2603 of this title no later than December
31 of their twelfth-grade year or prior to reaching the age of
seventeen (17) and who qualify on the basis of the standards and
provisions promulgated by the Oklahoma State Regents for Higher
Education shall be given the opportunity throughout the eighth-,
ninth-, tenth-, and eleventh-grade years and no later than December
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31 of the twelfth-grade year, for students enrolled in a public or
private school, or between the ages of thirteen (13) and seventeen
(17), for students who are educated by other means, to enter into
participation in the program by agreeing to, throughout the
remainder of their school years or educational program:
a. attend school or an educational program regularly and
do homework regularly,
b. refrain from substance abuse,
c. refrain from commission of crimes or delinquent acts,
d. have school work and school records reviewed by
mentors designated pursuant to the program,
e. provide information requested by the Oklahoma State
Regents for Higher Education or the State Board of
Education, and
f. participate in program activities.
2. Students who meet the eligibility qualification set forth in
subparagraph a of paragraph 1 of subsection B of Section 2603 of
this title after December 31 of their twelfth-grade year or after
reaching the age of eighteen (18) shall be given the opportunity
prior to reaching the age of twenty-one (21) to enter into
participation in the program and shall execute an agreement with
provisions as determined by the Oklahoma State Regents for Higher
Education.
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3. The contact person shall maintain the agreements, which
shall be executed on forms provided by the Oklahoma State Regents
for Higher Education and managed according to regulations
promulgated by the Oklahoma State Regents for Higher Education, and
the contact person shall monitor compliance of the student with the
terms of the agreement. The Oklahoma State Regents for Higher
Education are authorized to process student agreements and verify
compliance with the agreements. Students failing to comply with the
terms of the agreement shall not be eligible for the awards provided
in Section 2604 of this title.
4. The Oklahoma State Regents for Higher Education may provide
an exception to the age limits provided for in paragraphs 1 and 2 of
this subsection pursuant to subsection L of this section.
5. Notwithstanding the provisions of Sections 5-132 and 5-132.1
of this title, a student who is age twenty-one (21) or older shall
not be eligible to enter into participation in the program.
D. Except as otherwise provided for in subsection E of this
section and except for students who qualify pursuant to subsection B
of Section 2603 of this title, a student shall not be found to be in
financial need for purposes of the Oklahoma Higher Learning Access
Program if:
1. Beginning with eighth-, ninth-, or tenth-grade students who
are enrolled in a public or private school or students between the
ages of thirteen (13) and fifteen (15) who are educated by other
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means who apply for participation in the program in the 2017-2018
school year, the federal adjusted gross income of the student’s
parent(s) exceeds Fifty-five Thousand Dollars ($55,000.00) per year;
2. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
students who are enrolled in a public or private school or students
between the ages of thirteen (13) and sixteen (16) who are educated
by other means who apply for participation in the program in the
2021-2022 school year, the federal adjusted gross income of the
student’s parent(s) exceeds Sixty Thousand Dollars ($60,000.00) per
year;
3. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
students who are enrolled in a public or private school or students
between the ages of thirteen (13) and sixteen (16) who are educated
by other means who apply for participation in the program in the
2022-2023 school year:
a. the federal adjusted gross income of the student’s
parent(s), who have two or fewer dependent children,
exceeds Sixty Thousand Dollars ($60,000.00) per year,
b. the federal adjusted gross income of the student’s
parent(s), who have three or four dependent children,
exceeds Seventy Thousand Dollars ($70,000.00) per
year, or
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c. the federal adjusted gross income of the student’s
parent(s), who have five or more dependent children,
exceeds Eighty Thousand Dollars ($80,000.00) per year;
4. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
students or twelfth-grade students no later than December 31 of
their twelfth-grade year who are enrolled in a public or private
school or students between the ages of thirteen (13) and seventeen
(17) who are educated by other means who apply for participation in
the program in the 2025-2026 school year:
a. the federal adjusted gross income of the student’s
parent(s), who have two or fewer dependent children,
exceeds Sixty Thousand Dollars ($60,000.00) per year,
b. the federal adjusted gross income of the student’s
parent(s), who have three or four dependent children,
exceeds Seventy Thousand Dollars ($70,000.00) per
year, or
c. the federal adjusted gross income of the student’s
parent(s), who have five or more dependent children,
exceeds Eighty Thousand Dollars ($80,000.00) per year;
5. Beginning with eighth-, ninth-, tenth-, or eleventh-grade
students or twelfth-grade students no later than December 31 of
their twelfth grade year who are enrolled in a public or private
school or students between the ages of thirteen (13) and seventeen
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(17) who are educated by other means who apply for participation in
the program in the 2027-2028 school year:
a. the federal adjusted gross income of the student’s
parent(s), who have two or fewer dependent children,
exceeds One Hundred Thousand Dollars ($100,000.00) per
year,
b. the federal adjusted gross income of the student’s
parent(s), who have three or four dependent children,
exceeds One Hundred Ten Thousand Dollars ($110,000.00)
per year, or
c. the federal adjusted gross income of the student’s
parent(s), who have five or more dependent children,
exceeds One Hundred Twenty Thousand Dollars
($120,000.00) per year;
6. Beginning with the 2018-2019 2027-2028 academic year, prior
to receiving any Oklahoma Higher Learning Access Program benefit
award for any year during which the student is enrolled in an
institution which that is a member of The Oklahoma State System of
Higher Education, a postsecondary vocational-technical program
offered by a technology center school that meets the requirements to
be eligible for federal student financial aid, or a private
institution of higher learning located within this state and
accredited pursuant to Section 4103 of this title, the federal
adjusted gross income of the student’s parent(s) exceeds One Hundred
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Thousand Dollars ($100,000.00) One Hundred Thirty Thousand Dollars
($130,000.00) 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 a student:
a. is determined to be independent of the student’s
parents for federal financial aid purposes,
b. was in the permanent custody of the Department of
Human Services at the time the student enrolled in the
program, or
c. was in the court-ordered custody of a federally
recognized Indian tribe, as defined by the federal
Indian Child Welfare Act of 1978, at the time the
student enrolled in the program.
The provisions of this paragraph shall apply to any student who
has received an Oklahoma Higher Learning Access Program benefit
award after the 2017-2018 school year; and
6. 7. The Oklahoma State Regents for Higher Education shall
review the determination of financial qualification as set forth in
paragraphs 1, 2, 3, and 4, and 5 of this subsection if the income
from taxable and nontaxable sources of the student’s parent(s)
includes income received from nontaxable military benefits or income
received from the federal Social Security Administration due to the
death or disability of the student’s parent(s). If the income from
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taxable and nontaxable sources of the student’s parent(s), excluding
income received from nontaxable military benefits or income received
from the federal Social Security Administration due to the death or
disability of the student’s parent(s), does not exceed the
limitations set forth by paragraphs 1, 2, 3, and 4, and 5 of this
subsection, the student shall be determined to have met the
financial qualification set forth in paragraphs 1, 2, 3, and 4, and
5 of this subsection.
E. 1. A student who 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 of 1978,
shall not be found to be in financial need for purposes of the
Oklahoma Higher Learning Access Program 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) exceeds One Hundred Fifty
Thousand Dollars ($150,000.00) per year. 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
2012-2013 school year.
2. A student who was adopted between thirteen (13) and
seventeen (17) years of age while in the permanent custody of the
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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 of 1978, shall not be found to be in financial need for
purposes of the Oklahoma Higher Learning Access Program 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) exceeds
Two Hundred Thousand Dollars ($200,000.00) per year. 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
2012-2013 school year.
3. A student who was placed in the custody of the Department of
Human Services at any time during the eighth, ninth, tenth, or
eleventh grade and enrolls in the program no later than his or her
official date of high school graduation shall not be found to be in
financial need for purposes of the Oklahoma Higher Learning Access
Program if the federal adjusted gross income of the student exceeds
Sixty Thousand Dollars ($60,000.00) per year.
4. Except for students who qualify pursuant to subsection B of
Section 2603 of this title, the determination of financial
qualification as set forth in this subsection shall be based on the
income of the student, not the income of the parent(s), if the
student is determined to be independent of the student’s parent(s)
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for federal financial aid purposes. A determination of financial
qualification shall not be required for the student who meets the
criteria set forth in this subsection at the time the student
applies for participation in the program. 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
2008-2009 school year.
5. a. A student who is the child of a certified classroom
teacher at the time the student applies for
participation in the Oklahoma Higher Learning Access
Program shall not be found to be in financial need for
the purposes of the Oklahoma Higher Learning Access
Program if, beginning with eighth-, ninth-, tenth-, or
eleventh-grade students or twelfth-grade students no
later than December 31 of their twelfth-grade year who
are enrolled in a public or private school or students
between thirteen (13) and seventeen (17) years of age
who are educated by other means who apply for
participation in the program in the 2025-2026 school
year, the household income of the student’s parent(s)
is equal to or greater than seven hundred percent
(700%) of the federal poverty level (FPL).
b. Prior to receiving any Oklahoma Higher Learning Access
Program benefit award for any year during which the
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student is enrolled in an institution that is a member
of The Oklahoma State System of Higher Education, a
postsecondary vocational-technical program offered by
a technology center school that meets the eligibility
requirements for federal student financial aid, or a
private institution of higher learning located within
this state and accredited pursuant to Section 4103 of
this title, the household income of the parent(s) of a
student who qualifies pursuant to this paragraph shall
not be equal to or greater than seven hundred percent
(700%) of the federal poverty level (FPL).
c. The Oklahoma State Regents for Higher Education shall
verify the full-time employment status of the
student’s parent(s) prior to a student who qualifies
pursuant to this paragraph receiving any Oklahoma
Higher Learning Access Program benefit award.
d. For the purposes of this paragraph, “certified
classroom teacher” means a certified, full-time
classroom teacher who has been employed as a teacher
in a public school district classroom in this state
for a minimum of ten (10) years prior to his or her
child applying for participation in the program. The
teacher is not required to have been employed by the
same public school district for ten (10) consecutive
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years. Certified classroom teacher does not mean a
certified teacher who is employed as a school district
superintendent, principal, or any other position
within the administration of a public school district
when his or her child applies for participation in the
program or prior to his or her child receiving any
Oklahoma Higher Learning Access Program benefit award.
F. The financial qualification of a student as set forth in
subsections D and E of this section shall be certified by the
contact person or by the Oklahoma State Regents for Higher Education
on the agreement form provided by the Oklahoma State Regents for
Higher Education. The form shall be retained in the permanent
record of the student and a copy forwarded to the Oklahoma State
Regents for Higher Education.
G. Agreements shall be witnessed by the parent, custodial
parent, or guardian of the student, who shall further agree to:
1. Assist the student in achieving compliance with the
agreements;
2. Confer, when requested to do so, with the school contact
person, other school personnel, and program mentors;
3. Provide information requested by the Oklahoma State Regents
for Higher Education or the State Board of Education; and
4. Assist the student in completing forms and reports required
for program participation, making applications to institutions and
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schools of higher learning, and filing applications for student
grants and scholarships.
H. The Oklahoma State Regents for Higher Education shall
promulgate rules for the determination of student compliance with
agreements made pursuant to this section.
I. The Oklahoma State Regents for Higher Education shall
designate personnel to coordinate tracking of program records for
the years when students participating in the program are still in
the schools or are being educated by other means, provide staff
development for contact persons in the schools, and provide liaison
with the State Board of Education and local organizations and
individuals participating in the program.
J. The school district where an Oklahoma Higher Learning Access
Program student is enrolled when the student begins participation in
the program and any subsequent school district where the student
enrolls shall forward information regarding participation by the
student in the program to a school to which the student transfers
upon the request of the school for the records of the student.
K. Students participating in the Oklahoma Higher Learning
Access Program shall provide their Social Security number or their
student identification number used by their school to the Oklahoma
State Regents for Higher Education. The State Regents shall keep
the numbers confidential and use them only for administrative
purposes.
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L. The State Regents may provide an exception to the age limits
provided for in paragraphs 1 and 2 of subsection C of this section
to a student due to hardship circumstances and allow an application
to the Oklahoma Higher Learning Access Program for twelfth-grade
students enrolled in a public or private school and students who are
educated by other means and are in the equivalent of twelfth grade.
Provided, however, the exception due to hardship circumstances shall
not apply to:
1. A student enrolled in a public or private school after the
student’s official date of high school graduation;
2. A student educated by other means who is age nineteen (19)
or older; or
3. Any student who is age twenty-one (21) or older.
The Oklahoma State Regents for Higher Education shall promulgate
rules to implement the provisions of this subsection.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3357 EB 12/30/2025 9:11:31 AM