A. Except as otherwise provided in subsection B of this section, a student with an intellectual disability shall not be found to be in financial need for purposes of the Oklahoma Access and Achievement Act if prior to receiving any scholarship program award for any year during which the student is enrolled in a CTP program at a state educational institution, the federal adjusted gross income of the student’s parents or legal guardians exceeds One Hundred Thousand Dollars ($100,000.00) per year. The determination of financial qualification provided in this subsection shall be based on the income of the student, not the income of the parents or legal guardians, if a student is determined to be independent of his or her parents or legal guardians for federal financial aid purposes. B. 1. A student with an intellectual disability 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, shall not be found to be in financial need for purposes of the Oklahoma Access and Achievement Act if, prior to receiving any scholarship program award for any year during which the student is enrolled in a CTP program at a state educational institution, the federal adjusted gross income of the student’s parents exceeds One Hundred Fifty Thousand Dollars ($150,000.00) per year. 2. A student with an intellectual disability who 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, shall not be found to be in financial need for purposes of the Oklahoma Access and Achievement Act if, prior to receiving any scholarship program award for any year during which the student is enrolled in a CTP program at a state educational institution, the federal adjusted gross income of the student’s parents exceeds Two Hundred Thousand Dollars ($200,000.00) per year. 3. The determination of financial qualification provided for in this subsection shall be based on the income of the student, not the income of the student’s parents, if the student is determined to be independent of the student’s parents for federal financial aid purposes.
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