2018 Oklahoma Statutes
Title 70. Schools
§70-3247. Higher education in-state status - Dependents of military personnel.

Universal Citation: 70 OK Stat § 70-3247 (2018)

A. A student shall be eligible for in-state status regardless of the residency of the student if the student is a:

1. Dependent child or spouse of a person currently serving as a member of the active uniformed services of the United States on full-time active duty status of more than thirty (30) days and for whom Oklahoma is the home of record;

2. Dependent child or spouse of a person currently serving as a member of the military reserve on active duty orders of more than thirty (30) days and for whom Oklahoma is the home of record;

3. Person, or spouse or dependent child of a person, currently serving as a member of the uniformed services of the United States who is on full-time active duty for a period of more than thirty (30) days and is stationed or temporarily present in Oklahoma through military orders;

4. Person, or spouse or dependent child of a person, who was discharged or released from a period of not fewer than ninety (90) days of active uniformed service, less than five (5) years before the date of enrollment in the course(s) concerned and for whom Oklahoma is the home of record; or

5. Person who is participating in or has received a partial or full scholarship from the Air Force Reserve Officers' Training Corps, Army Reserve Officers' Training Corps or the Navy/Marines Reserve Officers' Training Corps.

B. To be eligible for in-state status as provided for in subsection A of this section and to maintain eligibility, the student shall:

1. Satisfy admission and retention standards as determined by the Oklahoma State Regents for Higher Education for an institution within The Oklahoma State System of Higher Education; and

2. Have secured admission to and enrolls full-time or part-time in a program of study at an institution within The Oklahoma State System of Higher Education.

C. A student who files with the institution within The Oklahoma State System of Higher Education at which the student intends to register a letter of intent to establish residence in the state and who resides in the state while enrolled in the institution shall be eligible for in-state status, regardless of the residency of the student or home of record, if the student:

1. Is a person who:

a.was discharged or released from a period of not fewer than ninety (90) days of active duty uniformed service, less than five (5) years before the date of enrollment in the course(s) concerned, and

b.is pursuing a course of education with educational assistance under Chapter 30 or 33 of Title 38 of the United States Code while living in this state; or

2. Is a person who:

a.is entitled to assistance under Section 3311(b)(9) or 3319 of Title 38 of the United States Code by virtue of a relationship to a person who was discharged or released from a period of not fewer than ninety (90) days of active duty uniformed services, and

b.enrolls in the course(s) concerned within five (5) years of the date the related person was discharged or released from a period of not fewer than ninety (90) days of active duty uniformed services.

D. To be eligible for in-state status as provided for in subsection C of this section and to maintain eligibility, the student shall:

1. Satisfy admission and retention standards as determined by the Oklahoma State Regents for Higher Education for an institution within The Oklahoma State System of Higher Education; and

2. Have secured admission to and enrolls full-time or part-time in a program of study at an institution within The Oklahoma State System of Higher Education.

E. A student who meets the eligibility requirements for in-state status shall maintain in-state status if the student remains continuously enrolled at an institution within The Oklahoma State System of Higher Education after the student:

1. As described in paragraphs 1, 2 or 3 of subsection A of this section is discharged or released from active duty service;

2. As described in paragraph 4 of subsection A of this section or paragraph 1 and 2 of subsection C of this section exceeds the five-year period after being discharged or released from active duty uniformed service;

3. As described in paragraph 1 of subsection C of this section has exhausted education assistance provided under Chapter 30 or 33 of Title 38 of the United States Code; or

4. As described in paragraph 2 of subsection C of this section has exhausted education assistance provided under Section 3311(b)(9) or 3319 of Title 38 of the United States Code.

F. For purposes of this section, "home of record" means the place where one was living when the person enlisted or was commissioned into the military or reenlisted in the military.

G. The State Regents for Higher Education shall develop policies and procedures necessary to implement the provisions of this section.

Added by Laws 2012, c. 290, § 1, eff. July 1, 2012. Amended by Laws 2015, c. 141, § 1, eff. July 1, 2015.

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