By: Raney H.B. No. 5146
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Building Better Futures
Program to support educational and occupational skills training
opportunities and support services for students with intellectual
and developmental disabilities
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter J-1 to read as follows:
SUBCHAPTER J-1. BUILDING BETTER FUTURES PROGRAM
Sec. 61.551. PROGRAM PURPOSE. The purpose of the Building
Better Futures Program is to facilitate the delivery by
institutions of higher education and private or independent
institutions of higher education of educational and occupational
skills training opportunities and support services to students with
intellectual and developmental disabilities in an inclusive and
age-appropriate environment.
Sec. 61.552. ADMINISTRATION; RULES. (a) The board shall
administer the Building Better Futures Program and adopt any rules
necessary to implement the program or this subchapter.
(b) The board may develop a competitive application process
for the award of funds to eligible institutions under the program.
(c) A program or course offered under the Building Better
Futures Program is exempt from the requirements of Sections 61.0512
and 61.822.
Sec. 61.553. INSTITUTION ELIGIBILITY. (a) To be eligible
to participate in the Building Better Futures Program, an
institution of higher education or private or independent
institution of higher education:
(1) must:
(A) be approved by or awaiting approval from the
United States Department of Education to offer a comprehensive
transition and postsecondary program for students with
intellectual or developmental disabilities;
(B) develop and implement a selective admissions
process to select eligible students under Section 61.554 for
admission to the institution's comprehensive transition and
postsecondary program; and
(C) award a certificate to each student who
successfully completes the Building Better Futures Program at the
institution; and
(2) may not allow credit hours completed under the
Building Better Futures Program to be transferred toward an
associate or baccalaureate degree program.
(b) The board shall establish criteria to ensure that each
eligible institution that has requested but not yet received
approval from the United States Department of Education for the
institution's comprehensive transition and postsecondary program
obtains that approval not later than the third anniversary of the
date the institution is initially selected by the board for
participation in the Building Better Futures Program.
Sec. 61.554. STUDENT ELIGIBILITY. (a) To be eligible to
participate in the Building Better Futures Program, an applicant
must:
(1) apply for admission to a comprehensive transition
and postsecondary program, or a program that is awaiting approval
from the United States Department of Education as a comprehensive
transition and postsecondary program, at an eligible institution;
(2) be a citizen or a lawful permanent resident of the
United States;
(3) be a resident of this state under Section 54.052,
except as provided by Subsection (d) of this section;
(4) have an intellectual or developmental disability
diagnosed by a physician, psychologist, or other individual
qualified by license or statute to make such a diagnosis;
(5) be able and willing to learn and participate in an
inclusive classroom and work setting; and
(6) not be a danger to the applicant's self or others,
as determined by the accepting institution.
(b) An applicant who is a lawful permanent resident of the
United States must submit with the applicant's application a copy
of the applicant's lawful permanent resident form.
(c) An eligible institution may require an applicant or the
applicant's parent or guardian to provide proof of residency as
evidenced by one of the following:
(1) information from the Free Application for Federal
Student Aid;
(2) a driver's license issued by the Department of
Public Safety that has not expired;
(3) documentation of payment for personal or real
property taxes for the previous year;
(4) vehicle registration issued by the Texas
Department of Motor Vehicles that has not expired;
(5) a voter registration certificate issued in this
state that has not expired; or
(6) documentation under Section 54.053.
(d) An applicant who is not a resident of this state may be
eligible to participate in the Building Better Futures Program at
an eligible institution only if an opening is available after all
resident applicants are admitted.
Sec. 61.555. AWARD OF FUNDS. The board may award funds
under the Building Better Futures Program only to eligible
institutions to be used by the institutions to facilitate the
delivery of educational and occupational skills training
opportunities and support services to students participating in the
program.
Sec. 61.556. FUNDING. The board may use any available
revenue, including legislative appropriations, and may solicit and
accept gifts, grants, and donations from a public or private source
for the purposes of this subchapter.
SECTION 2. The Texas Higher Education Coordinating Board
shall adopt rules to administer Subchapter J-1, Chapter 61,
Education Code, as added by this Act, as soon as practicable after
the effective date of this Act.
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.