Creation of Oklahoma Access and Achievement Program — Eligibility. A. This act shall be known and may be cited as the “Oklahoma Access and Achievement Act”. B. As used in this act: 1. “CTP program” means a degree, certificate, or nondegree program that: a. is offered by an institution of higher education or a technology center school, b. is delivered to students physically attending the institution of higher education or technology center school, c. is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education or technology center school to prepare for gainful employment, d. includes an advising and curriculum structure, e. requires students with intellectual disabilities to participate on not less than a half-time basis as determined by the institution of higher education or technology center school, with participation focusing on academic components and occurring through one or more of the following activities: (1) regular enrollment in credit-bearing courses with nondisabled students offered by the institution of higher education or technology center school, (2) auditing or participating in courses with nondisabled students offered by the institution for higher education or technology center school for which the student does not receive regular academic credit, (3) enrollment in noncredit-bearing, nondegree courses with nondisabled students, or (4) participation in internships or work-based training in settings with nondisabled persons, f. requires students with intellectual disabilities to be socially and academically integrated with nondisabled students to the maximum extent possible, and g. is approved by the United States Department of Education pursuant to Public Law 110-315, the Higher Education Opportunity Act, as amended; 2. “Eligible student” means a student with an intellectual disability who is eligible for the scholarship program; 3. “Scholarship program” means the Oklahoma Access and Achievement Program; 4. “State educational institution” means an institution of higher education or technology center school supported wholly or in part by direct legislative appropriations that provides a CTP program; 5. “State Regents” means the Oklahoma State Regents for Higher Education; and 6. “Student with an intellectual disability” means a student: a. with a cognitive impairment, characterized by significant limitations in intellectual and cognitive functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills, and b. who is currently or was formerly eligible for a free appropriate public education under the Individuals with Disabilities Education Act (IDEA), including a student who was determined eligible for special education or related services under IDEA but attended a private school or was educated pursuant to the other means of education exception provided for in subsection A of Section 10-105 of Title 70 of the Oklahoma Statutes. C. There is hereby created a program to be known as the Oklahoma Access and Achievement Program. The purpose of the program is to provide an award to eligible students with intellectual disabilities who are pursuing studies in this state at a CTP program. The award shall be an amount equal to the nonguaranteed resident tuition at an institution of higher education or the tuition at a technology center school. D. A student with an intellectual disability shall be eligible for the Oklahoma Access and Achievement Program if the student: 1. Is a resident of this state or 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 authorized by Section 5-117.1 of Title 70 of the Oklahoma Statutes; 2. Is 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 scholarship program and qualify for an award; 3. Has graduated within the previous six (6) years from a public high school accredited by the State Board of Education or a private school, or has satisfactorily completed, within the previous six (6) years, an educational program that was provided through a means other than a public or private school; 4. Has secured admission to and enrolled in a CTP program at a state educational institution that meets the requirements to be eligible for federal student financial aid; and 5. Has established financial need according to the provisions of Section 3 of this act and standards and provisions promulgated by the State Regents. E. To retain eligibility in the scholarship program, a student with an intellectual disability shall: 1. Meet the requirements for retention and completion as established by the state educational institution where the student is enrolled; 2. Maintain satisfactory academic progress as required by the CTP program criteria; 3. Comply with the standards related to maintenance of eligibility as promulgated by the State Regents; and 4. Refrain from conduct that leads to expulsion or suspension of more than one semester from a state educational institution. A student who violates the provisions of this paragraph shall permanently lose eligibility for scholarship program benefits. F. The State Regents shall promulgate rules relating to the establishment and maintenance of eligibility under the scholarship program.
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