Texas 2019 - 86th Regular

Texas Senate Bill SB331 Compare Versions

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

Old	New	Differences
1	1	86R2913 SOS-F
2	2	By: West S.B. No. 331
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to measures to assist students enrolled at public
8	8	institutions of higher education who are homeless or who were
9	9	formerly in foster care.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 51.9356, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST
14	14	STUDENTS WHO WERE FORMERLY IN FOSTER CARE OR WHO ARE HOMELESS. (a)
15	15	In this section:
16	16	(1) "Institution[, "institution] of higher education"
17	17	has the meaning assigned by Section 61.003.
18	18	(2) "Students who are homeless" has the meaning
19	19	assigned to the term "homeless children and youths" under 42 U.S.C.
20	20	Section 11434a and includes students who reside in a student
21	21	housing facility maintained by an institution of higher education
22	22	during an academic term but who are homeless between academic
23	23	terms.
24	24	(b) Each institution of higher education shall designate at
25	25	least one employee of the institution to act as a liaison officer
26	26	for current and incoming:
27	27	(1) students [at the institution] who were formerly in
28	28	the conservatorship of the Department of Family and Protective
29	29	Services; and
30	30	(2) students who are homeless.
31	31	(c) The liaison officer shall:
32	32	(1) contact a person designated under 42 U.S.C.
33	33	Section 11432(g)(1)(J)(ii) as necessary to facilitate the
34	34	transition of students described by Subsection (b) from secondary
35	35	to postsecondary education; and
36	36	(2) provide to those students information regarding
37	37	support services and other resources available to the students at
38	38	the institution of higher education, including information about
39	39	financial aid, on-campus and off-campus housing, food and meal
40	40	programs, counseling services, and any other relevant information
41	41	to assist the students.
42	42	(d) The board shall adopt rules and establish policies and
43	43	procedures to ensure that a liaison officer designated under this
44	44	section to serve students who are homeless participates in a
45	45	professional development program under 42 U.S.C. Section
46	46	11432(d)(5).
47	47	SECTION 2. The heading to Section 51.978, Education Code,
48	48	is amended to read as follows:
49	49	Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR
50	50	CERTAIN STUDENTS WHO WERE FORMERLY UNDER CONSERVATORSHIP OF
51	51	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS.
52	52	SECTION 3. Section 51.978(a), Education Code, is amended by
53	53	adding Subdivision (3) to read as follows:
54	54	(3) "Students who are homeless" has the meaning
55	55	assigned to the term "homeless children and youths" under 42 U.S.C.
56	56	Section 11434a and includes students who reside in a student
57	57	housing facility maintained by an institution of higher education
58	58	during an academic term but who are homeless between academic
59	59	terms.
60	60	SECTION 4. Section 51.978(b), Education Code, is amended to
61	61	read as follows:
62	62	(b) To be eligible to receive housing assistance from an
63	63	institution of higher education under Subsection (c), a student
64	64	must:
65	65	(1) be:
66	66	(A) a student who has [have] been under the
67	67	conservatorship of the Department of Family and Protective Services
68	68	or its predecessor in function on the day preceding:
69	69	(i) [(A)] the student's 18th birthday; or
70	70	(ii) [(B)] the date the student's
71	71	disabilities of minority are removed by a court under Chapter 31,
72	72	Family Code; or
73	73	(B) a student who is homeless;
74	74	(2) be enrolled full-time at the institution during
75	75	the academic term:
76	76	(A) for which the student requests the housing
77	77	assistance; or
78	78	(B) immediately preceding the period for which
79	79	the student requests the housing assistance;
80	80	(3) be registered or otherwise have taken the actions
81	81	required by the institution to permit the student to enroll
82	82	full-time at the institution during the academic term immediately
83	83	following the period for which the student requests the housing
84	84	assistance; and
85	85	(4) lack other reasonable temporary housing
86	86	alternatives between the academic terms described by Subdivisions
87	87	(2) and (3), as determined by the institution.
88	88	SECTION 5. Subchapter Z, Chapter 51, Education Code, is
89	89	amended by adding Section 51.9781 to read as follows:
90	90	Sec. 51.9781. PRIORITY ACCESS TO STUDENT HOUSING FOR
91	91	STUDENTS WHO ARE HOMELESS. (a) In this section:
92	92	(1) "Institution of higher education" has the meaning
93	93	assigned by Section 61.003.
94	94	(2) "Students who are homeless" has the meaning
95	95	assigned to the term "homeless children and youths" under 42 U.S.C.
96	96	Section 11434a and includes students who reside in a student
97	97	housing facility maintained by an institution of higher education
98	98	during an academic term but who are homeless between academic
99	99	terms.
100	100	(b) An institution of higher education that maintains
101	101	student housing facilities shall give priority in the assignment of
102	102	housing in those facilities to students who are homeless.
103	103	SECTION 6. Section 61.0908, Education Code, is amended to
104	104	read as follows:
105	105	Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST
106	106	STUDENTS WHO WERE FORMERLY IN FOSTER CARE OR WHO ARE HOMELESS. (a)
107	107	In this section, "students who are homeless" has the meaning
108	108	assigned to the term "homeless children and youths" under 42 U.S.C.
109	109	Section 11434a and includes students who reside in a student
110	110	housing facility maintained by an institution of higher education
111	111	during an academic term but who are homeless between academic
112	112	terms.
113	113	(b) The board shall designate at least one employee of the
114	114	board to act as a liaison officer for the following current and
115	115	incoming students at institutions of higher education:
116	116	(1) students who were formerly in the conservatorship
117	117	of the Department of Family and Protective Services; and
118	118	(2) students who are homeless.
119	119	(c) The liaison officer shall assist in coordinating
120	120	college readiness and student success efforts relating to [those]
121	121	students described by Subsection (b).
122	122	(d) The board shall establish policies and procedures to
123	123	ensure that a liaison officer designated under this section to
124	124	serve students who are homeless participates in a professional
125	125	development program under 42 U.S.C. Section 11432(d)(5).
126	126	SECTION 7. Section 61.0909, Education Code, is amended to
127	127	read as follows:
128	128	Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING
129	129	EXCHANGE OF INFORMATION FOR STUDENTS FORMERLY IN FOSTER CARE OR WHO
130	130	ARE HOMELESS. (a) In this section:
131	131	(1) "Agency" means the Texas Education Agency.
132	132	(2) "Department" [, "department"] means the
133	133	Department of Family and Protective Services.
134	134	(3) "Students who are homeless" has the meaning
135	135	assigned to the term "homeless children and youths" under 42 U.S.C.
136	136	Section 11434a and includes students who reside in a student
137	137	housing facility maintained by an institution of higher education
138	138	during an academic term but who are homeless between academic
139	139	terms.
140	140	(b) The board, the agency, and the department shall enter
141	141	into a memorandum of understanding regarding the exchange of
142	142	information as appropriate to facilitate:
143	143	(1) the department's evaluation of educational
144	144	outcomes of students at institutions of higher education who were
145	145	formerly in the conservatorship of the department; and
146	146	(2) the agency's evaluation of educational outcomes at
147	147	institutions of higher education of students who are homeless.
148	148	(b-1) The memorandum of understanding must require:
149	149	(1) the department to provide the board each year with
150	150	demographic information regarding individual students enrolled at
151	151	institutions of higher education who were formerly in the
152	152	conservatorship of the department following an adversarial hearing
153	153	under Section 262.201, Family Code;
154	154	(2) the agency to provide the board each year with
155	155	demographic information regarding individual students who are
156	156	homeless and who are enrolled at an institution of higher
157	157	education; and
158	158	(3) [(2)] the board, in a manner consistent with
159	159	federal law, to provide:
160	160	(A) the department with aggregate
161	161	information regarding educational outcomes of students for whom
162	162	the board received demographic information under Subdivision (1);
163	163	and
164	164	(B) the agency with aggregate information
165	165	regarding educational outcomes of students for whom the board
166	166	received demographic information under Subdivision (2).
167	167	(c) For purposes of Subsection (b-1)(3) [(b)(2)],
168	168	information regarding educational outcomes includes information
169	169	relating to student academic achievement, graduation rates,
170	170	attendance, and other educational outcomes as determined by the
171	171	board, the agency, and the department.
172	172	(d) The department or the agency may authorize the board to
173	173	provide education research centers established under Section 1.005
174	174	with demographic information regarding individual students
175	175	received by the board in accordance with Subsection (b-1)(3)
176	176	[(b)(1)], as appropriate to allow the centers to perform additional
177	177	analysis regarding educational outcomes of students who were
178	178	formerly in the conservatorship of the department and of students
179	179	who are homeless [foster care]. Any use of information regarding
180	180	individual students provided to a center under this subsection must
181	181	be approved by the department or the agency, as applicable.
182	182	(e) This [Nothing in this] section may not be construed to:
183	183	(1) require the board, the agency, or the department
184	184	to collect or maintain additional information regarding students
185	185	formerly in the conservatorship of the department or students who
186	186	are homeless; or
187	187	(2) allow the release of information regarding an
188	188	individual student in a manner not permitted under the Family
189	189	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
190	190	1232g) or another state or federal law.
191	191	SECTION 8. (a) As soon as practicable after the effective
192	192	date of this Act, the Texas Higher Education Coordinating Board
193	193	shall adopt rules and establish policies and procedures as required
194	194	by Section 51.9356, Education Code, as amended by this Act.
195	195	(b) As soon as practicable after the effective date of this
196	196	Act, the Texas Higher Education Coordinating Board shall establish
197	197	policies and procedures as required by Section 61.0908, Education
198	198	Code, as amended by this Act.
199	199	(c) Not later than January 1, 2020, the Texas Higher
200	200	Education Coordinating Board shall designate a liaison officer as
201	201	required by Section 61.0908, Education Code, as amended by this
202	202	Act.
203	203	(d) Not later than March 1, 2020, the Texas Higher Education
204	204	Coordinating Board, the Department of Family and Protective
205	205	Services, and the Texas Education Agency shall enter into the
206	206	memorandum of understanding as required by Section 61.0909,
207	207	Education Code, as amended by this Act.
208	208	SECTION 9. This Act takes effect immediately if it receives
209	209	a vote of two-thirds of all the members elected to each house, as
210	210	provided by Section 39, Article III, Texas Constitution. If this
211	211	Act does not receive the vote necessary for immediate effect, this
212	212	Act takes effect September 1, 2019.