85R7340 MM-F
By: Lozano, Zerwas H.B. No. 2290
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Returning Adult Student
Grant Program for certain students enrolled in baccalaureate degree
programs at certain postsecondary educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Education Code, is amended by adding
Subchapter U to read as follows:
SUBCHAPTER U. TEXAS RETURNING ADULT STUDENT GRANT PROGRAM
Sec. 56.601. DEFINITIONS. In this subchapter:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Eligible institution" means:
(A) a general academic teaching institution; or
(B) a nonprofit, tax-exempt, regionally
accredited college or university operating in accordance with a
memorandum of understanding with this state under an executive
order issued by the governor and offering competency-based,
exclusively online baccalaureate degree programs.
(3) "Expected family contribution" means the amount of
discretionary income that should be available to a student from the
resources of the student and of the student's family, as determined
by the coordinating board following the methodology prescribed by
the United States Department of Education for the purpose of
determining a student's eligibility for need-based student
financial assistance.
(4) "General academic teaching institution" has the
meaning assigned by Section 61.003.
(5) "Program" means the Texas Returning Adult Student
Grant Program established under this subchapter.
(6) "Returning adult student" means a student who:
(A) is over the age of 25;
(B) has earned college credit but has not
obtained a postsecondary degree; and
(C) is enrolled in a baccalaureate degree program
at an eligible institution.
Sec. 56.602. PURPOSE. The purpose of the Texas Returning
Adult Student Grant Program is to provide financial assistance to
eligible returning adult students enrolling in baccalaureate
degree programs at eligible institutions.
Sec. 56.603. ADMINISTRATION OF PROGRAM; PRIORITY FOR
FINANCIAL NEED. (a) The coordinating board shall:
(1) administer the program;
(2) using the negotiated rulemaking procedures under
Chapter 2008, Government Code, adopt rules for determining the
allocation of funds under the program among eligible institutions;
and
(3) adopt any other rules necessary to implement the
program or this subchapter.
(b) The coordinating board shall consult with the student
financial aid officers of eligible institutions in developing the
rules adopted under Subsection (a).
(c) The total amount of grants awarded under the program may
not exceed the amount available for the program from
appropriations, gifts, grants, or other funds.
(d) In determining who should receive a grant under the
program, the coordinating board and the eligible institutions shall
give highest priority to awarding grants to students who
demonstrate the greatest unmet financial need.
Sec. 56.604. INITIAL ELIGIBILITY FOR GRANT. (a) To be
eligible initially for a grant under the program, a person must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet financial need requirements as defined by
coordinating board rules, including a requirement that the person's
expected family contribution for the academic year does not exceed
the maximum expected family contribution established for this
purpose by the coordinating board;
(3) be a returning adult student;
(4) not be receiving a TEXAS grant under Subchapter M,
a tuition equalization grant under Subchapter F, Chapter 61, or any
other state-funded student financial assistance for the same
academic period; and
(5) comply with any additional requirement adopted by
the coordinating board under this subchapter.
(b) A person may not receive a grant under the program for
more than the greater of:
(1) 135 semester credit hours or the equivalent; or
(2) 15 semester credit hours or the equivalent in
excess of the number of semester credit hours required for the
degree program in which the person is enrolled.
Sec. 56.605. CONTINUING ELIGIBILITY AND ACADEMIC
PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a
grant under the program, a person may continue to receive a grant
under the program during each semester or term in which the person
is enrolled at an eligible institution only if the person:
(1) meets the criteria for initial eligibility under
Section 56.604(a);
(2) makes satisfactory academic progress toward a
baccalaureate degree; and
(3) complies with any additional requirement adopted
by the coordinating board.
(b) If a person fails to meet any of the requirements of
Subsection (a) after the completion of any semester or term, the
person may not receive a grant under the program during the next
semester or term in which the person enrolls. Unless the person is
no longer eligible for a grant under Section 56.604(b), a person
may become eligible to receive a grant under the program in a
subsequent semester or term if the person:
(1) completes at least 15 semester credit hours or an
equivalent number of competency units or credits in a semester or
term during which the student is not eligible for a grant; and
(2) meets all the requirements of Subsection (a).
(c) For the purpose of this section, a person makes
satisfactory academic progress toward a baccalaureate degree only
if the person completes at least 15 semester credit hours or an
equivalent number of competency units or credits in each semester
or term in which the person is enrolled.
(d) The coordinating board shall adopt rules to allow a
person who is otherwise eligible to receive a grant under the
program to receive a grant if the student's completion rate falls
below the satisfactory academic progress requirements of this
section in the event of a hardship or for other good cause shown,
including:
(1) a showing of a severe illness or other
debilitating condition that may affect the person's academic
performance; or
(2) a showing that the person is responsible for the
care of a sick, injured, or needy person and that the person's
provision of care may affect the person's academic performance.
Sec. 56.606. GRANT USE. A person receiving a grant under
this subchapter may use the money only to pay the amount of tuition
and required fees and the cost of required textbooks incurred by the
student at an eligible institution. The institution may disburse
all or part of the proceeds of a grant under the program to an
eligible person only if the tuition and required fees incurred by
the person at the institution have been paid.
Sec. 56.607. GRANT AMOUNT. The amount of a grant awarded to
a person under the program for a semester or other academic term is
an amount not to exceed the lesser of:
(1) the difference between:
(A) the amount of tuition and required fees
incurred by the student at an eligible institution for that
semester or term plus a textbook stipend in an amount determined by
the coordinating board; and
(B) the amount of the Pell Grant for which the
student is eligible, if any; or
(2) the student's unmet financial need for that
semester or term.
Sec. 56.608. GRANT NOT TO AFFECT ADMISSION. An eligible
institution may not deny admission to or enrollment in the
institution based on a person's eligibility to receive a grant
under the program or a person's receipt of a grant under the
program.
SECTION 2. (a) The Texas Higher Education Coordinating
Board shall adopt rules to administer Subchapter U, Chapter 56,
Education Code, as added by this Act, as soon as practicable after
the effective date of this Act. For that purpose, the coordinating
board may adopt the initial rules in the manner provided by law for
emergency rules.
(b) The Texas Higher Education Coordinating Board shall
begin allocating funds to eligible institutions under Subchapter U,
Chapter 56, Education Code, as added by this Act, for the first
academic year for which money is appropriated for that purpose,
except that the coordinating board may not allocate funds under
that subchapter for an academic year before the 2018-2019 academic
year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.