SB 1633

                      An Act
ENROLLED SENATE
BILL NO. 1633  By: Stanley, Woods, Hamilton,
                                         and Jett of the Senate
                                                 and
                                          Maynard and Eaves of the
                                          House
       An Act relating to higher education; amending 70 O.S.
       2021, Section 3242, which relates to resident tuition
       eligibility for students with certain status;
       removing language providing eligibility for students
       who cannot present certain documentation; removing
       language regarding eligibility for certain
       scholarships or financial aid for certain students;
       removing outdated language; amending 70 O.S. 2021,
       Section 3242.2, which relates to higher education
       benefits for certain students; removing exception to
       prohibition for certain students; removing outdated
       language; updating statutory language; providing for
       promulgation of rules; and declaring an emergency.
SUBJECT:   Resident tuition eligibility
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 3242, is
amended to read as follows:
    Section 3242. 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
ENR. S. B. NO. 1633  Page 2
        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.
    SECTION 2.     AMENDATORY       70 O.S. 2021, Section 3242.2, is
amended to read as follows:
    Section 3242.2. A. Except as otherwise provided in Section
3242 of Title 70 of the Oklahoma Statutes, an An individual who is
not lawfully present in the United States shall not be eligible on
the basis of residence within the this state for:
    1. Any postsecondary education benefit, including, but not
limited to, scholarships or financial aid; or
ENR. S. B. NO. 1633  Page 3
   2.   Resident tuition.
    B. The provisions of subsection A of this section shall not
apply to a student enrolled in a degree program at a postsecondary
educational institution within The Oklahoma State System of Higher
Education during the 2006-2007 school year or any prior year who
received a resident tuition benefit pursuant to Section 3242 of
Title 70 of the Oklahoma Statutes at that institution The Oklahoma
State Regents for Higher Education may promulgate rules to implement
the provisions of this section.
    SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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   Passed the Senate the 10th day of March, 2026.
                                   Presiding Officer of the Senate
   Passed the House of Representatives the 6th day of May, 2026.
                                    Presiding Officer of the House
                                                of Representatives
                       OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                   _________________________________
                                   Governor of the State of Oklahoma
                  OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
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