86R2913 SOS-F
By: West S.B. No. 331
A BILL TO BE ENTITLED
AN ACT
relating to measures to assist students enrolled at public
institutions of higher education who are homeless or who were
formerly in foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.9356, Education Code, is amended to
read as follows:
Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST
STUDENTS WHO WERE FORMERLY IN FOSTER CARE OR WHO ARE HOMELESS. (a)
In this section:
(1) "Institution[, "institution] of higher education"
has the meaning assigned by Section 61.003.
(2) "Students who are homeless" has the meaning
assigned to the term "homeless children and youths" under 42 U.S.C.
Section 11434a and includes students who reside in a student
housing facility maintained by an institution of higher education
during an academic term but who are homeless between academic
terms.
(b) Each institution of higher education shall designate at
least one employee of the institution to act as a liaison officer
for current and incoming:
(1) students [at the institution] who were formerly in
the conservatorship of the Department of Family and Protective
Services; and
(2) students who are homeless.
(c) The liaison officer shall:
(1) contact a person designated under 42 U.S.C.
Section 11432(g)(1)(J)(ii) as necessary to facilitate the
transition of students described by Subsection (b) from secondary
to postsecondary education; and
(2) provide to those students information regarding
support services and other resources available to the students at
the institution of higher education, including information about
financial aid, on-campus and off-campus housing, food and meal
programs, counseling services, and any other relevant information
to assist the students.
(d) The board shall adopt rules and establish policies and
procedures to ensure that a liaison officer designated under this
section to serve students who are homeless participates in a
professional development program under 42 U.S.C. Section
11432(d)(5).
SECTION 2. The heading to Section 51.978, Education Code,
is amended to read as follows:
Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR
CERTAIN STUDENTS WHO WERE FORMERLY UNDER CONSERVATORSHIP OF
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS.
SECTION 3. Section 51.978(a), Education Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Students who are homeless" has the meaning
assigned to the term "homeless children and youths" under 42 U.S.C.
Section 11434a and includes students who reside in a student
housing facility maintained by an institution of higher education
during an academic term but who are homeless between academic
terms.
SECTION 4. Section 51.978(b), Education Code, is amended to
read as follows:
(b) To be eligible to receive housing assistance from an
institution of higher education under Subsection (c), a student
must:
(1) be:
(A) a student who has [have] been under the
conservatorship of the Department of Family and Protective Services
or its predecessor in function on the day preceding:
(i) [(A)] the student's 18th birthday; or
(ii) [(B)] the date the student's
disabilities of minority are removed by a court under Chapter 31,
Family Code; or
(B) a student who is homeless;
(2) be enrolled full-time at the institution during
the academic term:
(A) for which the student requests the housing
assistance; or
(B) immediately preceding the period for which
the student requests the housing assistance;
(3) be registered or otherwise have taken the actions
required by the institution to permit the student to enroll
full-time at the institution during the academic term immediately
following the period for which the student requests the housing
assistance; and
(4) lack other reasonable temporary housing
alternatives between the academic terms described by Subdivisions
(2) and (3), as determined by the institution.
SECTION 5. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9781 to read as follows:
Sec. 51.9781. PRIORITY ACCESS TO STUDENT HOUSING FOR
STUDENTS WHO ARE HOMELESS. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Students who are homeless" has the meaning
assigned to the term "homeless children and youths" under 42 U.S.C.
Section 11434a and includes students who reside in a student
housing facility maintained by an institution of higher education
during an academic term but who are homeless between academic
terms.
(b) An institution of higher education that maintains
student housing facilities shall give priority in the assignment of
housing in those facilities to students who are homeless.
SECTION 6. Section 61.0908, Education Code, is amended to
read as follows:
Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST
STUDENTS WHO WERE FORMERLY IN FOSTER CARE OR WHO ARE HOMELESS. (a)
In this section, "students who are homeless" has the meaning
assigned to the term "homeless children and youths" under 42 U.S.C.
Section 11434a and includes students who reside in a student
housing facility maintained by an institution of higher education
during an academic term but who are homeless between academic
terms.
(b) The board shall designate at least one employee of the
board to act as a liaison officer for the following current and
incoming students at institutions of higher education:
(1) students who were formerly in the conservatorship
of the Department of Family and Protective Services; and
(2) students who are homeless.
(c) The liaison officer shall assist in coordinating
college readiness and student success efforts relating to [those]
students described by Subsection (b).
(d) The board shall establish policies and procedures to
ensure that a liaison officer designated under this section to
serve students who are homeless participates in a professional
development program under 42 U.S.C. Section 11432(d)(5).
SECTION 7. Section 61.0909, Education Code, is amended to
read as follows:
Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING
EXCHANGE OF INFORMATION FOR STUDENTS FORMERLY IN FOSTER CARE OR WHO
ARE HOMELESS. (a) In this section:
(1) "Agency" means the Texas Education Agency.
(2) "Department" [, "department"] means the
Department of Family and Protective Services.
(3) "Students who are homeless" has the meaning
assigned to the term "homeless children and youths" under 42 U.S.C.
Section 11434a and includes students who reside in a student
housing facility maintained by an institution of higher education
during an academic term but who are homeless between academic
terms.
(b) The board, the agency, and the department shall enter
into a memorandum of understanding regarding the exchange of
information as appropriate to facilitate:
(1) the department's evaluation of educational
outcomes of students at institutions of higher education who were
formerly in the conservatorship of the department; and
(2) the agency's evaluation of educational outcomes at
institutions of higher education of students who are homeless.
(b-1) The memorandum of understanding must require:
(1) the department to provide the board each year with
demographic information regarding individual students enrolled at
institutions of higher education who were formerly in the
conservatorship of the department following an adversarial hearing
under Section 262.201, Family Code;
(2) the agency to provide the board each year with
demographic information regarding individual students who are
homeless and who are enrolled at an institution of higher
education; and
(3) [(2)] the board, in a manner consistent with
federal law, to provide:
(A) the department with aggregate
information regarding educational outcomes of students for whom
the board received demographic information under Subdivision (1);
and
(B) the agency with aggregate information
regarding educational outcomes of students for whom the board
received demographic information under Subdivision (2).
(c) For purposes of Subsection (b-1)(3) [(b)(2)],
information regarding educational outcomes includes information
relating to student academic achievement, graduation rates,
attendance, and other educational outcomes as determined by the
board, the agency, and the department.
(d) The department or the agency may authorize the board to
provide education research centers established under Section 1.005
with demographic information regarding individual students
received by the board in accordance with Subsection (b-1)(3)
[(b)(1)], as appropriate to allow the centers to perform additional
analysis regarding educational outcomes of students who were
formerly in the conservatorship of the department and of students
who are homeless [foster care]. Any use of information regarding
individual students provided to a center under this subsection must
be approved by the department or the agency, as applicable.
(e) This [Nothing in this] section may not be construed to:
(1) require the board, the agency, or the department
to collect or maintain additional information regarding students
formerly in the conservatorship of the department or students who
are homeless; or
(2) allow the release of information regarding an
individual student in a manner not permitted under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g) or another state or federal law.
SECTION 8. (a) As soon as practicable after the effective
date of this Act, the Texas Higher Education Coordinating Board
shall adopt rules and establish policies and procedures as required
by Section 51.9356, Education Code, as amended by this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Higher Education Coordinating Board shall establish
policies and procedures as required by Section 61.0908, Education
Code, as amended by this Act.
(c) Not later than January 1, 2020, the Texas Higher
Education Coordinating Board shall designate a liaison officer as
required by Section 61.0908, Education Code, as amended by this
Act.
(d) Not later than March 1, 2020, the Texas Higher Education
Coordinating Board, the Department of Family and Protective
Services, and the Texas Education Agency shall enter into the
memorandum of understanding as required by Section 61.0909,
Education Code, as amended by this Act.
SECTION 9. 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, 2019.