Texas 2021 - 87th Regular

Texas House Bill HB1482 Compare Versions

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

Old	New	Differences
1	1	87R4675 CXP-F
2	2	By: J. Johnson of Harris H.B. No. 1482
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 are or were
9	9	in foster care.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 51.9356, Education Code,
12	12	is amended to read as follows:
13	13	Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST
14	14	STUDENTS WHO ARE OR WERE IN FOSTER CARE OR WHO ARE HOMELESS.
15	15	SECTION 2. Section 51.9356, Education Code, is amended by
16	16	amending Subsections (a), (b), and (d) and adding Subsections (b-1)
17	17	and (g) to read as follows:
18	18	(a) In this section:
19	19	(1) "Institution[, "institution] of higher education"
20	20	has the meaning assigned by Section 61.003.
21	21	(2) "Students who are homeless" has the meaning
22	22	assigned to the term "homeless children and youths" under 42 U.S.C.
23	23	Section 11434a and includes students who reside in a student
24	24	housing facility maintained by an institution of higher education
25	25	during an academic term but who are homeless between academic
26	26	terms.
27	27	(b) Each institution of higher education shall designate at
28	28	least one employee of the institution to act as a liaison officer
29	29	for current and incoming:
30	30	(1) students [at the institution] who are or were
31	31	[formerly] in the conservatorship of the Department of Family and
32	32	Protective Services; and
33	33	(2) students who are homeless.
34	34	(b-1) To the extent allowed by state or federal law, each
35	35	[the] institution of higher education shall identify [those]
36	36	students described by Subsection (b) from information provided to
37	37	the institution in admission or financial aid applications or other
38	38	available resources.
39	39	(d) The liaison officer shall:
40	40	(1) contact a person designated under 42 U.S.C.
41	41	Section 11432(g)(1)(J)(ii) as necessary to facilitate the
42	42	transition of students described by Subsection (b) from secondary
43	43	to postsecondary education; and
44	44	(2) provide to those [the] students [described by
45	45	Subsection (b)] information regarding support services and other
46	46	resources available to the students at the institution of higher
47	47	education, including information about financial aid, on-campus
48	48	and off-campus housing, food and meal programs, and counseling
49	49	services, and any other relevant information to assist the
50	50	students.
51	51	(g) The Texas Higher Education Coordinating Board shall
52	52	adopt rules and establish policies and procedures to ensure that a
53	53	liaison officer designated under this section to serve students who
54	54	are homeless participates in a professional development program
55	55	under 42 U.S.C. Section 11432(d)(5).
56	56	SECTION 3. The heading to Section 51.978, Education Code,
57	57	is amended to read as follows:
58	58	Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR
59	59	CERTAIN STUDENTS WHO WERE [FORMERLY] UNDER CONSERVATORSHIP OF
60	60	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS.
61	61	SECTION 4. Section 51.978(a), Education Code, is amended by
62	62	adding Subdivision (3) to read as follows:
63	63	(3) "Students who are homeless" has the meaning
64	64	assigned to the term "homeless children and youths" under 42 U.S.C.
65	65	Section 11434a and includes students who reside in a student
66	66	housing facility maintained by an institution of higher education
67	67	during an academic term but who are homeless between academic
68	68	terms.
69	69	SECTION 5. Section 51.978(b), Education Code, is amended to
70	70	read as follows:
71	71	(b) To be eligible to receive housing assistance from an
72	72	institution of higher education under Subsection (c), a student
73	73	must:
74	74	(1) be:
75	75	(A) a student who has [have] been under the
76	76	conservatorship of the Department of Family and Protective Services
77	77	or its predecessor in function on the day preceding:
78	78	(i) [(A)] the student's 18th birthday; or
79	79	(ii) [(B)] the date the student's
80	80	disabilities of minority are removed by a court under Chapter 31,
81	81	Family Code; or
82	82	(B) a student who is homeless;
83	83	(2) be enrolled full-time at the institution during
84	84	the academic term:
85	85	(A) for which the student requests the housing
86	86	assistance; or
87	87	(B) immediately preceding the period for which
88	88	the student requests the housing assistance;
89	89	(3) be registered or otherwise have taken the actions
90	90	required by the institution to permit the student to enroll
91	91	full-time at the institution during the academic term immediately
92	92	following the period for which the student requests the housing
93	93	assistance; and
94	94	(4) lack other reasonable temporary housing
95	95	alternatives between the academic terms described by Subdivisions
96	96	(2) and (3), as determined by the institution.
97	97	SECTION 6. Subchapter Z, Chapter 51, Education Code, is
98	98	amended by adding Section 51.9781 to read as follows:
99	99	Sec. 51.9781. PRIORITY ACCESS TO STUDENT HOUSING FOR
100	100	STUDENTS WHO ARE HOMELESS. (a) In this section:
101	101	(1) "Institution of higher education" has the meaning
102	102	assigned by Section 61.003.
103	103	(2) "Students who are homeless" has the meaning
104	104	assigned to the term "homeless children and youths" under 42 U.S.C.
105	105	Section 11434a and includes students who reside in a student
106	106	housing facility maintained by an institution of higher education
107	107	during an academic term but who are homeless between academic
108	108	terms.
109	109	(b) An institution of higher education that maintains
110	110	student housing facilities shall give priority in the assignment of
111	111	housing in those facilities to students who are homeless.
112	112	SECTION 7. Section 61.0908, Education Code, is amended to
113	113	read as follows:
114	114	Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST
115	115	STUDENTS WHO WERE [FORMERLY] IN FOSTER CARE OR WHO ARE HOMELESS.
116	116	(a) In this section, "students who are homeless" has the meaning
117	117	assigned to the term "homeless children and youths" under 42 U.S.C.
118	118	Section 11434a and includes students who reside in a student
119	119	housing facility maintained by an institution of higher education
120	120	during an academic term but who are homeless between academic
121	121	terms.
122	122	(b) The board shall designate at least one employee of the
123	123	board to act as a liaison officer for the following current and
124	124	incoming students at institutions of higher education:
125	125	(1) students who were [formerly] in the
126	126	conservatorship of the Department of Family and Protective
127	127	Services; and
128	128	(2) students who are homeless.
129	129	(c) The liaison officer shall assist in coordinating
130	130	college readiness and student success efforts relating to [those]
131	131	students described by Subsection (b).
132	132	(d) The board shall establish policies and procedures to
133	133	ensure that a liaison officer designated under this section to
134	134	serve students who are homeless participates in a professional
135	135	development program under 42 U.S.C. Section 11432(d)(5).
136	136	SECTION 8. Section 61.0909, Education Code, is amended to
137	137	read as follows:
138	138	Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING
139	139	EXCHANGE OF INFORMATION FOR STUDENTS WHO WERE [FORMERLY] IN FOSTER
140	140	CARE OR WHO ARE HOMELESS. (a) In this section:
141	141	(1) "Agency" means the Texas Education Agency.
142	142	(2) "Department"[, "department"] means the Department
143	143	of Family and Protective Services.
144	144	(3) "Students who are homeless" has the meaning
145	145	assigned to the term "homeless children and youths" under 42 U.S.C.
146	146	Section 11434a and includes students who reside in a student
147	147	housing facility maintained by an institution of higher education
148	148	during an academic term but who are homeless between academic
149	149	terms.
150	150	(b) The board, the agency, and the department shall enter
151	151	into a memorandum of understanding regarding the exchange of
152	152	information as appropriate to facilitate:
153	153	(1) the department's evaluation of educational
154	154	outcomes of students at institutions of higher education who were
155	155	[formerly] in the conservatorship of the department; and
156	156	(2) the agency's evaluation of educational outcomes at
157	157	institutions of higher education of students who are homeless.
158	158	(b-1) The memorandum of understanding must require:
159	159	(1) the department to provide the board each year with
160	160	demographic information regarding individual students enrolled at
161	161	institutions of higher education who were [formerly] in the
162	162	conservatorship of the department following an adversarial hearing
163	163	under Section 262.201, Family Code;
164	164	(2) the agency to provide the board each year with
165	165	demographic information regarding individual students who are
166	166	homeless and who are enrolled at an institution of higher
167	167	education; and
168	168	(3) [(2)] the board, in a manner consistent with
169	169	federal law, to provide:
170	170	(A) the department with aggregate information
171	171	regarding educational outcomes of students for whom the board
172	172	received demographic information under Subdivision (1); and
173	173	(B) the agency with aggregate information
174	174	regarding educational outcomes of students for whom the board
175	175	received demographic information under Subdivision (2).
176	176	(c) For purposes of Subsection (b-1)(3) [(b)(2)],
177	177	information regarding educational outcomes includes information
178	178	relating to student academic achievement, graduation rates,
179	179	attendance, and other educational outcomes as determined by the
180	180	board, the agency, and the department.
181	181	(d) The department or the agency may authorize the board to
182	182	provide education research centers established under Section 1.005
183	183	with demographic information regarding individual students
184	184	received by the board in accordance with Subsection (b-1)(1)
185	185	[(b)(1)], as appropriate to allow the centers to perform additional
186	186	analysis regarding educational outcomes of students who were in the
187	187	conservatorship of the department and of students who are homeless
188	188	[foster care]. Any use of information regarding individual
189	189	students provided to a center under this subsection must be
190	190	approved by the department or the agency, as applicable.
191	191	(e) This [Nothing in this] section may not be construed to:
192	192	(1) require the board, the agency, or the department
193	193	to collect or maintain additional information regarding students
194	194	who were [formerly] in the conservatorship of the department or
195	195	students who are homeless; or
196	196	(2) allow the release of information regarding an
197	197	individual student in a manner not permitted under the Family
198	198	Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
199	199	1232g) or another state or federal law.
200	200	SECTION 9. (a) As soon as practicable after the effective
201	201	date of this Act, the Texas Higher Education Coordinating Board
202	202	shall adopt rules and establish policies and procedures as required
203	203	by Section 51.9356, Education Code, as amended by this Act.
204	204	(b) As soon as practicable after the effective date of this
205	205	Act, the Texas Higher Education Coordinating Board shall establish
206	206	policies and procedures as required by Section 61.0908, Education
207	207	Code, as amended by this Act.
208	208	(c) Not later than January 1, 2022, the Texas Higher
209	209	Education Coordinating Board shall designate a liaison officer as
210	210	required by Section 61.0908, Education Code, as amended by this
211	211	Act.
212	212	(d) Not later than March 1, 2022, the Texas Higher Education
213	213	Coordinating Board, the Department of Family and Protective
214	214	Services, and the Texas Education Agency shall enter into the
215	215	memorandum of understanding as required by Section 61.0909,
216	216	Education Code, as amended by this Act.
217	217	SECTION 10. This Act takes effect immediately if it
218	218	receives a vote of two-thirds of all the members elected to each
219	219	house, as provided by Section 39, Article III, Texas Constitution.
220	220	If this Act does not receive the vote necessary for immediate
221	221	effect, this Act takes effect September 1, 2021.