By: Cook H.B. No. 4251
A BILL TO BE ENTITLED
AN ACT
relating to the provision of postsecondary education to certain
inmates in the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 501, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. POSTSECONDARY EDUCATION IN THE TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
SECTION 501.181. DEFINITIONS. In this subchapter:
(1) "Correctional facility" means a facility operated
by or under contract with the department.
(2) "Postsecondary education or training program"
means any course or sequence of courses offered by an institution
of higher education to inmates of a correctional facility designed
to lead to a degree, certificate, or other credential.
(3) "Prison education program" is a postsecondary
education or training program that has the meaning provided in 34
C.F.R. ยง 668.236.
SECTION 501.182. POSTSECONDARY EDUCATION AUTHORIZED. The
department may contract with public and nonprofit institutions of
higher education for the provision of postsecondary education and
training programs, including prison education programs.
SECTION 501.183. INTENT. It is the intent of the
Legislature that, in its administration of this subchapter, the
department:
(1) oversee postsecondary education and training
programs that:
(A) lead to gainful employment for former inmates
and align with the workforce needs of this state;
(B) reduce recidivism;
(C) improve inmates' overall quality of life and
well-being; and
(D) encourage a culture of civility among inmates
within the department's facilities;
(2) ensure access to a rich variety of postsecondary
education and training programs for all inmates, including female
inmates and inmates incarcerated in geographically remote
facilities;
(3) work collaboratively with the Windham School
District, other state agencies, institutions of higher education,
accrediting bodies, and interested stakeholders to promote the
highest quality educational programming; and
(4) maximize enrollment in postsecondary education
and training programs to the extent possible.
SECTION 501.184. INFORMATION TO BE PROVIDED BY INSTITUTION
BEFORE VOCATIONAL TRAINING ENROLLMENT. The department shall
require any institution of higher education operating a
postsecondary education or training program within the
department's facilities designed to lead to a license or
certificate from a state agency to, prior to enrollment, inform
each prospective student of:
(1) any rule or policy of a state agency that would
impose a restriction or prohibition on the person in obtaining a
certificate or license in connection with the program; and
(2) the procedures for:
(A) requesting a criminal history evaluation
letter under Section 53.102, Occupations Code;
(B) providing evidence of fitness to perform the
duties and discharge the responsibilities of a licensed occupation
for purposes of Section 53.023, Occupations Code; and
(C) appealing a state agency's denial of a
certificate or license, including deadlines and due process
requirements:
(i) to the State Office of Administrative
Hearings under Subchapter C, Chapter 2001, Government Code; and
(ii) through any other available venue.
SECTION 501.185. LIMITS ON ENROLLMENT. (a) The department
may establish by rule criteria that disqualify an inmate from
enrolling in a postsecondary education or training program.
(b) The department shall not deny an inmate the opportunity
to enroll in a postsecondary education or training program solely
on the basis of:
(1) the offense for which the inmate was convicted;
(2) the length of the inmate's sentence; or
(3) the remaining time until the inmate's expected
release.
SECTION 501.186. POSTSECONDARY EDUCATIONAL REIMBURSEMENT.
(a) Out of funds appropriated to the department for postsecondary
education or training programs, the department may cover the cost
of tuition and fees for up to two courses per academic term for
inmates who have:
(1) demonstrated a record of rehabilitation while
incarcerated; and
(2) demonstrated the aptitude and capabilities to do
college-level study.
(b) The costs of such programs shall be reimbursed by the
inmate as a condition of parole, beginning not less than six months
following the inmate's release.
(c) The department may not charge interest for the repayment
of costs associated with this section.
(d) In a parole or mandatory supervision revocation hearing
under Section 508.281, Government Code, at which it is alleged only
that the releasee failed to make a payment under this section, it is
an affirmative defense to revocation that the releasee is unable to
pay the amount required by the department. The releasee must prove
the affirmative defense by a preponderance of the evidence.
SECTION 501.187. PRISON EDUCATION PROGRAM APPROVAL. (a)
The department shall establish a formal application and approval
process for institutions seeking to establish a prison education
program in the department's facilities.
(b) In making approval decisions under Subsection (a), the
department shall consider:
(1) the potential for graduates of the proposed
program to compete for current and emerging jobs or to continue
their postsecondary education upon release;
(2) whether the applying institution has a successful
history of offering programs to inmates;
(3) whether the proposed prison education program
would be located at a facility that currently has no or limited
postsecondary education or training opportunities;
(4) whether the proposed prison education program
would provide postsecondary education or training opportunities to
a student population that currently cannot access similar
opportunities, including by transfer to a different facility;
(5) the amount and type of student support services,
including re-entry supports, the institution proposes to offer to
its students; and
(6) any other criteria the department deems necessary.
(c) The department shall, to the extent practicable,
provide feedback upon request to institutions that have
applications rejected under this section.
SECTION 501.188. DATA COLLECTION AND SHARING. (a) The
department shall establish a data-sharing agreement with any
institution approved to operate a prison education program in the
department's facilities. Such an agreement must be sufficient for
the institution to comply with applicable federal laws or
regulations.
(b) The department may enter into a memorandum of
understanding with the Windham School District, the Texas Education
Agency, the Department of Public Safety, the Texas Workforce
Commission, the Texas Higher Education Coordinating Board, and any
relevant state licensing agencies to obtain and share data to:
(1) evaluate the effectiveness of postsecondary
education and training programs within its facilities; and
(2) perform any evaluations of prison education
programs as required by federal law or regulations.
(c) Unless made confidential by other law, any
nonidentifiable data used to evaluate the effectiveness of
postsecondary education and training programs within the
department's facilities is considered public information under
Chapter 552, Government Code.
SECTION 501.189. FUNDING. The department may solicit and
accept gifts, grants, and other donations for the purposes of
administering this subchapter.
SECTION 501.190. ANNUAL REPORT. In its annual report, the
department shall produce a list of postsecondary education and
training programs active in its facilities, including, for each
program:
(1) the facility in which the program is operating;
(2) the institution or institutions of higher
education operating the program;
(3) whether the program is a prison education program;
and
(4) the total unduplicated enrollment of the program
in that year, disaggregated by race, ethnicity, and gender.
SECTION 501.191. RULES. The board may adopt rules as
necessary to administer this subchapter.
SECTION 2. (a) In this section, "board" means the Texas
Higher Education Coordinating Board.
(b) Not later than June 1, 2024, the board, in collaboration
with the Texas Department of Criminal Justice and any other entity
necessary for this purpose, shall identify and implement a means of
identifying and separating incarcerated students from aggregated
datasets within the board's purview for the purpose of measuring
academic effectiveness and other relevant characteristics.
(c) This section expires December 31, 2024.
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, 2023.