Texas 2019 - 86th Regular

Texas Senate Bill SB2217 Compare Versions

Only one version of the bill is available at this time.

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1	1	86R14199 MM-F
2	2	By: Zaffirini S.B. No. 2217
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Students with
8	8	Disabilities Scholarship Program for certain students at public
9	9	institutions of higher education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 56, Education Code, is amended by adding
12	12	Subchapter T to read as follows:
13	13	SUBCHAPTER T. TEXAS STUDENTS WITH DISABILITIES SCHOLARSHIP PROGRAM
14	14	Sec. 56.521. DEFINITIONS. In this subchapter:
15	15	(1) "Coordinating board" means the Texas Higher
16	16	Education Coordinating Board.
17	17	(2) "Program" means the Texas Students with
18	18	Disabilities Scholarship Program established under this
19	19	subchapter.
20	20	Sec. 56.522. PROGRAM PURPOSE. The purpose of the Texas
21	21	Students with Disabilities Scholarship Program is to provide
22	22	assistance in the payment of tuition and mandatory fees to enable
23	23	eligible students to attend institutions of higher education.
24	24	Sec. 56.523. ADMINISTRATION OF PROGRAM; AWARD OF
25	25	SCHOLARSHIP. (a) The coordinating board shall administer the
26	26	program and adopt any rules necessary to implement the program or
27	27	this subchapter. The coordinating board shall consult with the
28	28	student financial aid officers of institutions of higher education
29	29	and a representative from at least one of the University Centers for
30	30	Excellence in Developmental Disabilities in this state in
31	31	developing the rules.
32	32	(b) The coordinating board shall award a scholarship to each
33	33	eligible student under the program, as provided by Section 56.527.
34	34	(c) The coordinating board by rule shall develop a
35	35	disability affidavit form that may be used to establish that a
36	36	student has a disability for purposes of Section 56.524(a)(6) based
37	37	on a diagnosis by a licensed physician or other documentation
38	38	determined appropriate by the coordinating board. In developing
39	39	the disability affidavit form in a manner that ensures the form
40	40	properly verifies that a person has a disability, the coordinating
41	41	board shall consult with:
42	42	(1) at least one University Centers for Excellence in
43	43	Developmental Disabilities program in this state; or
44	44	(2) a statewide, cross-disability advocacy
45	45	organization.
46	46	(d) The coordinating board may use any available revenue,
47	47	including legislative appropriations, and may solicit and accept
48	48	gifts, grants, and donations from a public or private source for the
49	49	purposes of this subchapter.
50	50	Sec. 56.524. INITIAL ELIGIBILITY FOR SCHOLARSHIP. (a) To
51	51	be eligible initially for a scholarship under the program, a person
52	52	must:
53	53	(1) be a resident of this state as determined by
54	54	coordinating board rules;
55	55	(2) be enrolled in an associate or baccalaureate
56	56	degree or certificate program at an institution of higher
57	57	education;
58	58	(3) be enrolled as an entering student for at least
59	59	one-quarter of a full course load for an entering student in the
60	60	associate or baccalaureate degree or certificate program, as
61	61	determined by the coordinating board;
62	62	(4) have applied for any available financial aid or
63	63	assistance;
64	64	(5) comply with any additional nonacademic or
65	65	nonfinancial requirement adopted by the coordinating board under
66	66	this subchapter; and
67	67	(6) establish that the person has a disability by:
68	68	(A) providing proof that the person:
69	69	(i) is a person with a disability as defined
70	70	by 42 U.S.C. Section 12102;
71	71	(ii) receives Supplemental Security Income
72	72	(SSI) benefits under 42 U.S.C. Section 1381 et seq. on the basis of
73	73	disability or blindness;
74	74	(iii) receives Social Security Disability
75	75	Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.; or
76	76	(iv) qualifies for or is receiving
77	77	vocational rehabilitation services provided through the Texas
78	78	Workforce Commission; or
79	79	(B) if the student is unable to provide proof in
80	80	accordance with Paragraph (A), completing a disability affidavit
81	81	form developed in accordance with Section 56.523(c).
82	82	(b) A person is not eligible to receive a scholarship under
83	83	the program if the person has been convicted of a felony or an
84	84	offense under Chapter 481, Health and Safety Code (Texas Controlled
85	85	Substances Act), or under the law of another jurisdiction involving
86	86	a controlled substance as defined by Chapter 481, Health and Safety
87	87	Code, unless the person has met the other applicable eligibility
88	88	requirements under the program and has:
89	89	(1) received a certificate of discharge by the Texas
90	90	Department of Criminal Justice or a correctional facility or
91	91	completed a period of probation ordered by a court, and at least two
92	92	years have elapsed from the date of the receipt or completion; or
93	93	(2) been pardoned, had the record of the offense
94	94	expunged from the person's record, or otherwise been released from
95	95	the resulting ineligibility to receive a scholarship under the
96	96	program.
97	97	(c) A person is not eligible to receive a scholarship under
98	98	the program if the person has completed more than the following
99	99	number of semester credit hours or the equivalent at an institution
100	100	of higher education, excluding semester credit hours or the
101	101	equivalent earned for a dual credit course:
102	102	(1) 90 semester credit hours or the equivalent, if the
103	103	person is enrolled in a degree or certificate program of two years
104	104	or less; or
105	105	(2) 135 semester credit hours or the equivalent, if
106	106	the person is enrolled in a degree or certificate program of more
107	107	than two years.
108	108	(d) A person may not receive a scholarship under the program
109	109	for more than:
110	110	(1) 75 semester credit hours or the equivalent, if the
111	111	person is enrolled in a degree or certificate program of two years
112	112	or less; or
113	113	(2) 150 semester credit hours or the equivalent, if
114	114	the person is enrolled in a degree or certificate program of more
115	115	than two years.
116	116	(e) A person's eligibility for a scholarship under the
117	117	program ends on:
118	118	(1) the fourth anniversary of the initial award of a
119	119	scholarship under the program to the person, if the person is
120	120	enrolled in a degree or certificate program of two years or less;
121	121	(2) the sixth anniversary of the initial award of a
122	122	scholarship under the program to the person, if the person is
123	123	enrolled in a degree or certificate program of more than two years
124	124	but not more than four years; or
125	125	(3) the eighth anniversary of the initial award of a
126	126	scholarship under the program to the person, if the person is
127	127	enrolled in a degree or certificate program of more than four years.
128	128	Sec. 56.525. CONTINUING ELIGIBILITY AND ACADEMIC
129	129	PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a
130	130	scholarship under the program, a person may continue to receive a
131	131	scholarship under the program during each semester or term in which
132	132	the person is enrolled at an institution of higher education only if
133	133	the person:
134	134	(1) is enrolled in an associate or baccalaureate
135	135	degree or certificate program at an institution of higher
136	136	education;
137	137	(2) is enrolled for at least one-quarter of a full
138	138	course load for a student in an associate or baccalaureate degree or
139	139	certificate program, as determined by the coordinating board;
140	140	(3) makes satisfactory academic progress toward an
141	141	associate or baccalaureate degree or certificate; and
142	142	(4) complies with any additional nonacademic or
143	143	nonfinancial requirement adopted by the coordinating board.
144	144	(b) A person is not eligible to continue to receive a
145	145	scholarship under this section if the person has been convicted of a
146	146	felony or an offense under Chapter 481, Health and Safety Code
147	147	(Texas Controlled Substances Act), or under the law of another
148	148	jurisdiction involving a controlled substance as defined by Chapter
149	149	481, Health and Safety Code, unless the person has met the other
150	150	applicable eligibility requirements under this subchapter and has:
151	151	(1) received a certificate of discharge by the Texas
152	152	Department of Criminal Justice or a correctional facility or
153	153	completed a period of probation ordered by a court, and at least two
154	154	years have elapsed from the date of the receipt or completion; or
155	155	(2) been pardoned, had the record of the offense
156	156	expunged from the person's record, or otherwise been released from
157	157	the resulting ineligibility to receive a scholarship under the
158	158	program.
159	159	(c) If a person fails to meet any of the requirements of
160	160	Subsection (a) after the completion of any semester or term, the
161	161	person may not receive a scholarship under the program during the
162	162	next semester or term in which the person enrolls. A person may
163	163	become eligible to receive a scholarship under the program in a
164	164	subsequent semester or term if the person:
165	165	(1) completes a semester or term during which the
166	166	person is not eligible for a scholarship; and
167	167	(2) meets all the requirements of Subsection (a).
168	168	(d) For the purpose of this section, a person makes
169	169	satisfactory academic progress toward an associate or
170	170	baccalaureate degree or certificate only if:
171	171	(1) in the person's first academic year, the person
172	172	meets the satisfactory academic progress requirements of the
173	173	institution at which the person is enrolled; and
174	174	(2) in the subsequent academic year, the person
175	175	completes at least 25 percent of the semester credit hours or the
176	176	equivalent attempted in the person's most recent academic year.
177	177	(e) A person who is eligible to receive a scholarship under
178	178	the program continues to remain eligible to receive the scholarship
179	179	if the person enrolls in or transfers to another institution of
180	180	higher education.
181	181	(f) The coordinating board shall adopt rules to allow a
182	182	person who is otherwise eligible to receive a scholarship under the
183	183	program, in the event of a hardship or for other good cause shown,
184	184	including a showing of a severe illness or other debilitating
185	185	condition that may affect the person's academic performance or a
186	186	showing that the person is responsible for the care of a sick,
187	187	injured, or needy person and that the person's provision of care may
188	188	affect the person's academic performance, to receive a scholarship
189	189	under the program:
190	190	(1) while enrolled in a number of semester credit
191	191	hours that is less than the number of semester credit hours or the
192	192	equivalent required under Subsection (a)(2); or
193	193	(2) if the person's completion rate falls below the
194	194	satisfactory academic progress requirements of Subsection (d).
195	195	Sec. 56.526. SCHOLARSHIP USE. A scholarship awarded under
196	196	the program must be applied first to the payment of tuition and
197	197	mandatory fees at an institution of higher education.
198	198	Sec. 56.527. SCHOLARSHIP AMOUNT. (a) The amount of a
199	199	scholarship awarded to an eligible student under the program for a
200	200	semester or other academic term in which the student is enrolled at
201	201	an institution of higher education is an amount determined by the
202	202	coordinating board under Subsection (b) based on the amount of
203	203	funds available for distribution and the number of eligible
204	204	applicants.
205	205	(b) The coordinating board shall adopt rules and procedures
206	206	for determining the amount of the scholarship for each academic
207	207	year or during an academic year as necessary to respond to
208	208	fluctuations in the amount of funds available for distribution.
209	209	(c) The coordinating board may adopt rules that allow the
210	210	coordinating board to decrease, in proportion to the number of
211	211	semester credit hours or the equivalent in which a student is
212	212	enrolled, the amount of a scholarship award to a student who is
213	213	enrolled in less than a full course load for a student in an
214	214	associate or baccalaureate degree or certificate program, as
215	215	determined by the coordinating board.
216	216	(d) The coordinating board shall issue to each eligible
217	217	student a certificate indicating the amount of the scholarship
218	218	awarded to the student.
219	219	Sec. 56.528. NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF
220	220	SCHOOL DISTRICTS. (a) The coordinating board, in consultation
221	221	with all institutions of higher education, shall prepare materials
222	222	designed to inform prospective students, their parents, and high
223	223	school counselors about the program and eligibility for a
224	224	scholarship under the program. The coordinating board shall
225	225	distribute to each institution of higher education and to each
226	226	school district a copy of the materials prepared under this
227	227	section.
228	228	(b) Each school district shall notify its high school
229	229	students, those students' teachers and school counselors, and those
230	230	students' parents or guardians of the program and the eligibility
231	231	requirements of the program.
232	232	SECTION 2. (a) The Texas Higher Education Coordinating
233	233	Board shall adopt rules to administer Subchapter T, Chapter 56,
234	234	Education Code, as added by this Act, as soon as practicable after
235	235	the effective date of this Act. For that purpose, the coordinating
236	236	board may adopt the initial rules in the manner provided by law for
237	237	emergency rules.
238	238	(b) The Texas Higher Education Coordinating Board shall
239	239	begin awarding scholarships under Subchapter T, Chapter 56,
240	240	Education Code, as added by this Act, for the first academic year
241	241	for which money is appropriated for that purpose, except that the
242	242	coordinating board may not award scholarships under that subchapter
243	243	for an academic year before the 2020-2021 academic year.
244	244	SECTION 3. This Act takes effect immediately if it receives
245	245	a vote of two-thirds of all the members elected to each house, as
246	246	provided by Section 39, Article III, Texas Constitution. If this
247	247	Act does not receive the vote necessary for immediate effect, this
248	248	Act takes effect September 1, 2019.