1 | 1 | | 89R3003 MM-F |
---|
2 | 2 | | By: Menéndez S.B. No. 186 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the establishment of the Texas Students with |
---|
10 | 10 | | Disabilities Scholarship Program for certain students at public |
---|
11 | 11 | | institutions of higher education. |
---|
12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
13 | 13 | | SECTION 1. Chapter 56, Education Code, is amended by adding |
---|
14 | 14 | | Subchapter U to read as follows: |
---|
15 | 15 | | SUBCHAPTER U. TEXAS STUDENTS WITH DISABILITIES SCHOLARSHIP PROGRAM |
---|
16 | 16 | | Sec. 56.541. DEFINITIONS. In this subchapter: |
---|
17 | 17 | | (1) "Coordinating board" means the Texas Higher |
---|
18 | 18 | | Education Coordinating Board. |
---|
19 | 19 | | (2) "Program" means the Texas Students with |
---|
20 | 20 | | Disabilities Scholarship Program established under this |
---|
21 | 21 | | subchapter. |
---|
22 | 22 | | Sec. 56.542. PROGRAM PURPOSE. The purpose of the Texas |
---|
23 | 23 | | Students with Disabilities Scholarship Program is to provide |
---|
24 | 24 | | assistance in the payment of tuition and mandatory fees to enable |
---|
25 | 25 | | eligible students to attend institutions of higher education. |
---|
26 | 26 | | Sec. 56.543. ADMINISTRATION OF PROGRAM; AWARD OF |
---|
27 | 27 | | SCHOLARSHIP. (a) The coordinating board shall administer the |
---|
28 | 28 | | program and adopt any rules necessary to implement the program or |
---|
29 | 29 | | this subchapter. The coordinating board shall consult with the |
---|
30 | 30 | | student financial aid officers of institutions of higher education |
---|
31 | 31 | | and a representative from at least one of the University Centers for |
---|
32 | 32 | | Excellence in Developmental Disabilities in this state in |
---|
33 | 33 | | developing the rules. |
---|
34 | 34 | | (b) The coordinating board shall award a scholarship to each |
---|
35 | 35 | | eligible student under the program, as provided by Section 56.547. |
---|
36 | 36 | | (c) The coordinating board by rule shall develop a |
---|
37 | 37 | | disability affidavit form that may be used to establish that a |
---|
38 | 38 | | student has a disability for purposes of Section 56.544(a)(6) based |
---|
39 | 39 | | on a diagnosis by a licensed physician or other documentation |
---|
40 | 40 | | determined appropriate by the coordinating board. In developing |
---|
41 | 41 | | the disability affidavit form in a manner that ensures the form |
---|
42 | 42 | | properly verifies that a person has a disability, the coordinating |
---|
43 | 43 | | board shall consult with: |
---|
44 | 44 | | (1) at least one University Centers for Excellence in |
---|
45 | 45 | | Developmental Disabilities program in this state; or |
---|
46 | 46 | | (2) a statewide, cross-disability advocacy |
---|
47 | 47 | | organization. |
---|
48 | 48 | | (d) The coordinating board may use any available revenue, |
---|
49 | 49 | | including legislative appropriations, and may solicit and accept |
---|
50 | 50 | | gifts, grants, and donations from any public or private source for |
---|
51 | 51 | | the purposes of this subchapter. |
---|
52 | 52 | | Sec. 56.544. INITIAL ELIGIBILITY FOR SCHOLARSHIP. (a) To |
---|
53 | 53 | | be eligible initially for a scholarship under the program, a person |
---|
54 | 54 | | must: |
---|
55 | 55 | | (1) be a resident of this state as determined by |
---|
56 | 56 | | coordinating board rules; |
---|
57 | 57 | | (2) be enrolled in an associate or baccalaureate |
---|
58 | 58 | | degree or certificate program at an institution of higher |
---|
59 | 59 | | education; |
---|
60 | 60 | | (3) be enrolled as an entering student for at least |
---|
61 | 61 | | one-quarter of a full course load for an entering student in the |
---|
62 | 62 | | associate or baccalaureate degree or certificate program, as |
---|
63 | 63 | | determined by the coordinating board; |
---|
64 | 64 | | (4) have applied for any available financial aid or |
---|
65 | 65 | | assistance; |
---|
66 | 66 | | (5) comply with any additional nonacademic or |
---|
67 | 67 | | nonfinancial requirement adopted by the coordinating board under |
---|
68 | 68 | | this subchapter; and |
---|
69 | 69 | | (6) establish that the person has a disability by: |
---|
70 | 70 | | (A) providing proof that the person: |
---|
71 | 71 | | (i) is a person with a disability as defined |
---|
72 | 72 | | by 42 U.S.C. Section 12102; |
---|
73 | 73 | | (ii) receives Supplemental Security Income |
---|
74 | 74 | | (SSI) benefits under 42 U.S.C. Section 1381 et seq. on the basis of |
---|
75 | 75 | | disability or blindness; |
---|
76 | 76 | | (iii) receives Social Security Disability |
---|
77 | 77 | | Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.; or |
---|
78 | 78 | | (iv) qualifies for or is receiving |
---|
79 | 79 | | vocational rehabilitation services provided through the Texas |
---|
80 | 80 | | Workforce Commission; or |
---|
81 | 81 | | (B) if the student is unable to provide proof in |
---|
82 | 82 | | accordance with Paragraph (A), completing a disability affidavit |
---|
83 | 83 | | form developed in accordance with Section 56.543(c). |
---|
84 | 84 | | (b) A person is not eligible to receive a scholarship under |
---|
85 | 85 | | the program if the person has been convicted of a felony or an |
---|
86 | 86 | | offense under Chapter 481, Health and Safety Code (Texas Controlled |
---|
87 | 87 | | Substances Act), or under the law of another jurisdiction involving |
---|
88 | 88 | | a controlled substance as defined by Chapter 481, Health and Safety |
---|
89 | 89 | | Code, unless the person has met the other applicable eligibility |
---|
90 | 90 | | requirements under the program and has: |
---|
91 | 91 | | (1) received a certificate of discharge by the Texas |
---|
92 | 92 | | Department of Criminal Justice or a correctional facility or |
---|
93 | 93 | | completed a period of probation ordered by a court, and at least two |
---|
94 | 94 | | years have elapsed from the date of the receipt or completion; or |
---|
95 | 95 | | (2) been pardoned, had the record of the offense |
---|
96 | 96 | | expunged from the person's record, or otherwise been released from |
---|
97 | 97 | | the resulting ineligibility to receive a scholarship under the |
---|
98 | 98 | | program. |
---|
99 | 99 | | (c) A person is not eligible to receive a scholarship under |
---|
100 | 100 | | the program if the person has completed more than the following |
---|
101 | 101 | | number of semester credit hours or the equivalent at an institution |
---|
102 | 102 | | of higher education, excluding semester credit hours or the |
---|
103 | 103 | | equivalent earned for a dual credit course: |
---|
104 | 104 | | (1) 90 semester credit hours or the equivalent, if the |
---|
105 | 105 | | person is enrolled in a degree or certificate program of two years |
---|
106 | 106 | | or less; or |
---|
107 | 107 | | (2) 135 semester credit hours or the equivalent, if |
---|
108 | 108 | | the person is enrolled in a degree or certificate program of more |
---|
109 | 109 | | than two years. |
---|
110 | 110 | | (d) A person may not receive a scholarship under the program |
---|
111 | 111 | | for more than: |
---|
112 | 112 | | (1) 75 semester credit hours or the equivalent, if the |
---|
113 | 113 | | person is enrolled in a degree or certificate program of two years |
---|
114 | 114 | | or less; or |
---|
115 | 115 | | (2) 150 semester credit hours or the equivalent, if |
---|
116 | 116 | | the person is enrolled in a degree or certificate program of more |
---|
117 | 117 | | than two years. |
---|
118 | 118 | | (e) A person's eligibility for a scholarship under the |
---|
119 | 119 | | program ends on: |
---|
120 | 120 | | (1) the fourth anniversary of the initial award of a |
---|
121 | 121 | | scholarship under the program to the person, if the person is |
---|
122 | 122 | | enrolled in a degree or certificate program of two years or less; |
---|
123 | 123 | | (2) the sixth anniversary of the initial award of a |
---|
124 | 124 | | scholarship under the program to the person, if the person is |
---|
125 | 125 | | enrolled in a degree or certificate program of more than two years |
---|
126 | 126 | | but not more than four years; or |
---|
127 | 127 | | (3) the eighth anniversary of the initial award of a |
---|
128 | 128 | | scholarship under the program to the person, if the person is |
---|
129 | 129 | | enrolled in a degree or certificate program of more than four years. |
---|
130 | 130 | | Sec. 56.545. CONTINUING ELIGIBILITY AND ACADEMIC |
---|
131 | 131 | | PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a |
---|
132 | 132 | | scholarship under the program, a person may continue to receive a |
---|
133 | 133 | | scholarship under the program during each semester or term in which |
---|
134 | 134 | | the person is enrolled at an institution of higher education only if |
---|
135 | 135 | | the person: |
---|
136 | 136 | | (1) is enrolled in an associate or baccalaureate |
---|
137 | 137 | | degree or certificate program at an institution of higher |
---|
138 | 138 | | education; |
---|
139 | 139 | | (2) is enrolled for at least one-quarter of a full |
---|
140 | 140 | | course load for a student in an associate or baccalaureate degree or |
---|
141 | 141 | | certificate program, as determined by the coordinating board; |
---|
142 | 142 | | (3) makes satisfactory academic progress toward an |
---|
143 | 143 | | associate or baccalaureate degree or certificate; and |
---|
144 | 144 | | (4) complies with any additional nonacademic or |
---|
145 | 145 | | nonfinancial requirement adopted by the coordinating board. |
---|
146 | 146 | | (b) A person is not eligible to continue to receive a |
---|
147 | 147 | | scholarship under this section if the person has been convicted of a |
---|
148 | 148 | | felony or an offense under Chapter 481, Health and Safety Code |
---|
149 | 149 | | (Texas Controlled Substances Act), or under the law of another |
---|
150 | 150 | | jurisdiction involving a controlled substance as defined by Chapter |
---|
151 | 151 | | 481, Health and Safety Code, unless the person has met the other |
---|
152 | 152 | | applicable eligibility requirements under this subchapter and has: |
---|
153 | 153 | | (1) received a certificate of discharge by the Texas |
---|
154 | 154 | | Department of Criminal Justice or a correctional facility or |
---|
155 | 155 | | completed a period of probation ordered by a court, and at least two |
---|
156 | 156 | | years have elapsed from the date of the receipt or completion; or |
---|
157 | 157 | | (2) been pardoned, had the record of the offense |
---|
158 | 158 | | expunged from the person's record, or otherwise been released from |
---|
159 | 159 | | the resulting ineligibility to receive a scholarship under the |
---|
160 | 160 | | program. |
---|
161 | 161 | | (c) If a person fails to meet any of the requirements of |
---|
162 | 162 | | Subsection (a) after the completion of any semester or term, the |
---|
163 | 163 | | person may not receive a scholarship under the program during the |
---|
164 | 164 | | next semester or term in which the person enrolls. A person may |
---|
165 | 165 | | become eligible to receive a scholarship under the program in a |
---|
166 | 166 | | subsequent semester or term if the person: |
---|
167 | 167 | | (1) completes a semester or term during which the |
---|
168 | 168 | | person is not eligible for a scholarship; and |
---|
169 | 169 | | (2) meets all the requirements of Subsection (a). |
---|
170 | 170 | | (d) For the purpose of this section, a person makes |
---|
171 | 171 | | satisfactory academic progress toward an associate or |
---|
172 | 172 | | baccalaureate degree or certificate only if: |
---|
173 | 173 | | (1) in the person's first academic year, the person |
---|
174 | 174 | | meets the satisfactory academic progress requirements of the |
---|
175 | 175 | | institution at which the person is enrolled; and |
---|
176 | 176 | | (2) in the subsequent academic year, the person |
---|
177 | 177 | | completes at least 25 percent of the semester credit hours or the |
---|
178 | 178 | | equivalent attempted in the person's most recent academic year. |
---|
179 | 179 | | (e) A person who is eligible to receive a scholarship under |
---|
180 | 180 | | the program continues to remain eligible to receive the scholarship |
---|
181 | 181 | | if the person enrolls in or transfers to another institution of |
---|
182 | 182 | | higher education. |
---|
183 | 183 | | (f) The coordinating board shall adopt rules to allow a |
---|
184 | 184 | | person who is otherwise eligible to receive a scholarship under the |
---|
185 | 185 | | program, in the event of a hardship or for other good cause shown, |
---|
186 | 186 | | including a showing of a severe illness or other debilitating |
---|
187 | 187 | | condition that may affect the person's academic performance or a |
---|
188 | 188 | | showing that the person is responsible for the care of a sick, |
---|
189 | 189 | | injured, or needy person and that the person's provision of care may |
---|
190 | 190 | | affect the person's academic performance, to receive a scholarship |
---|
191 | 191 | | under the program: |
---|
192 | 192 | | (1) while enrolled in a number of semester credit |
---|
193 | 193 | | hours that is less than the number of semester credit hours or the |
---|
194 | 194 | | equivalent required under Subsection (a)(2); or |
---|
195 | 195 | | (2) if the person's completion rate falls below the |
---|
196 | 196 | | satisfactory academic progress requirements of Subsection (d). |
---|
197 | 197 | | Sec. 56.546. SCHOLARSHIP USE. A scholarship awarded under |
---|
198 | 198 | | the program must be applied first to the payment of tuition and |
---|
199 | 199 | | mandatory fees at an institution of higher education. |
---|
200 | 200 | | Sec. 56.547. SCHOLARSHIP AMOUNT. (a) The amount of a |
---|
201 | 201 | | scholarship awarded to an eligible student under the program for a |
---|
202 | 202 | | semester or other academic term in which the student is enrolled at |
---|
203 | 203 | | an institution of higher education is an amount determined by the |
---|
204 | 204 | | coordinating board under Subsection (b) based on the amount of |
---|
205 | 205 | | funds available for distribution and the number of eligible |
---|
206 | 206 | | applicants. |
---|
207 | 207 | | (b) The coordinating board shall adopt rules and procedures |
---|
208 | 208 | | for determining the amount of the scholarship for each academic |
---|
209 | 209 | | year or during an academic year as necessary to respond to |
---|
210 | 210 | | fluctuations in the amount of funds available for distribution. |
---|
211 | 211 | | (c) The coordinating board may adopt rules that allow the |
---|
212 | 212 | | coordinating board to decrease, in proportion to the number of |
---|
213 | 213 | | semester credit hours or the equivalent in which a student is |
---|
214 | 214 | | enrolled, the amount of a scholarship award to a student who is |
---|
215 | 215 | | enrolled in less than a full course load for a student in an |
---|
216 | 216 | | associate or baccalaureate degree or certificate program, as |
---|
217 | 217 | | determined by the coordinating board. |
---|
218 | 218 | | (d) The coordinating board shall issue to each eligible |
---|
219 | 219 | | student a certificate indicating the amount of the scholarship |
---|
220 | 220 | | awarded to the student. |
---|
221 | 221 | | Sec. 56.548. NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF |
---|
222 | 222 | | SCHOOL DISTRICTS. (a) The coordinating board, in consultation |
---|
223 | 223 | | with all institutions of higher education, shall prepare materials |
---|
224 | 224 | | designed to inform prospective students, their parents, and high |
---|
225 | 225 | | school counselors about the program and eligibility for a |
---|
226 | 226 | | scholarship under the program. The coordinating board shall |
---|
227 | 227 | | distribute to each institution of higher education and to each |
---|
228 | 228 | | school district a copy of the materials prepared under this |
---|
229 | 229 | | section. |
---|
230 | 230 | | (b) Each school district shall notify its high school |
---|
231 | 231 | | students, those students' teachers and school counselors, and those |
---|
232 | 232 | | students' parents or guardians of the program and the eligibility |
---|
233 | 233 | | requirements of the program. |
---|
234 | 234 | | SECTION 2. (a) The Texas Higher Education Coordinating |
---|
235 | 235 | | Board shall adopt rules to administer Subchapter U, Chapter 56, |
---|
236 | 236 | | Education Code, as added by this Act, as soon as practicable after |
---|
237 | 237 | | the effective date of this Act. |
---|
238 | 238 | | (b) The Texas Higher Education Coordinating Board shall |
---|
239 | 239 | | begin awarding scholarships under Subchapter U, Chapter 56, |
---|
240 | 240 | | Education Code, as added by this Act, for the first academic year |
---|
241 | 241 | | for which money is appropriated for that purpose, except that the |
---|
242 | 242 | | coordinating board may not award scholarships under that subchapter |
---|
243 | 243 | | for an academic year before the 2026-2027 academic year. |
---|
244 | 244 | | SECTION 3. This Act takes effect immediately if it receives |
---|
245 | 245 | | a vote of two-thirds of all the members elected to each house, as |
---|
246 | 246 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
247 | 247 | | Act does not receive the vote necessary for immediate effect, this |
---|
248 | 248 | | Act takes effect September 1, 2025. |
---|