§ 70-3242. Eligibility for enrollment and resident tuition - Immigrant status - Scholarships and financial aid.

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:

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 to the institution valid documentation of United States nationality or an immigration status permitting study at a postsecondary institution:

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 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 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.

Added by Laws 2003, c. 210, § 1.  Amended by Laws 2007, c. 112, § 13, eff. Nov. 1, 2007.