1 | 1 | | 89R4800 CMO-F |
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2 | 2 | | By: Parker S.B. No. 2163 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to measures to assist students enrolled at public |
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10 | 10 | | institutions of higher education who are homeless or who are or were |
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11 | 11 | | in foster care. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. The heading to Section 51.9356, Education Code, |
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14 | 14 | | is amended to read as follows: |
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15 | 15 | | Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST |
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16 | 16 | | STUDENTS WHO ARE OR WERE IN FOSTER CARE OR WHO ARE HOMELESS. |
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17 | 17 | | SECTION 2. Section 51.9356, Education Code, is amended by |
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18 | 18 | | amending Subsections (a), (b), and (d) and adding Subsections (b-1) |
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19 | 19 | | and (g) to read as follows: |
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20 | 20 | | (a) In this section: |
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21 | 21 | | (1) "Institution[, "institution] of higher education" |
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22 | 22 | | has the meaning assigned by Section 61.003. |
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23 | 23 | | (2) "Students who are homeless" has the meaning |
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24 | 24 | | assigned to the term "homeless children and youths" under 42 U.S.C. |
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25 | 25 | | Section 11434a and includes students who reside in a student |
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26 | 26 | | housing facility maintained by an institution of higher education |
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27 | 27 | | during an academic term but who are homeless between academic |
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28 | 28 | | terms. |
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29 | 29 | | (b) Each institution of higher education shall designate at |
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30 | 30 | | least one employee of the institution to act as a liaison officer |
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31 | 31 | | for current and incoming: |
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32 | 32 | | (1) students [at the institution] who are or were |
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33 | 33 | | [formerly] in the conservatorship of the Department of Family and |
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34 | 34 | | Protective Services; and |
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35 | 35 | | (2) students who are homeless. |
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36 | 36 | | (b-1) To the extent allowed by state or federal law, each |
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37 | 37 | | [the] institution of higher education shall identify [those] |
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38 | 38 | | students described by Subsection (b) from information provided to |
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39 | 39 | | the institution in admission or financial aid applications or other |
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40 | 40 | | available resources. |
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41 | 41 | | (d) The liaison officer shall: |
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42 | 42 | | (1) contact a person designated under 42 U.S.C. |
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43 | 43 | | Section 11432(g)(1)(J)(ii) as necessary to facilitate the |
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44 | 44 | | transition of students described by Subsection (b) from secondary |
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45 | 45 | | to postsecondary education; and |
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46 | 46 | | (2) provide to those [the] students [described by |
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47 | 47 | | Subsection (b)] information regarding support services and other |
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48 | 48 | | resources available to the students at the institution of higher |
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49 | 49 | | education, including information about financial aid, on-campus |
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50 | 50 | | and off-campus housing, food and meal programs, and counseling |
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51 | 51 | | services, and any other relevant information to assist the |
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52 | 52 | | students. |
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53 | 53 | | (g) The Texas Higher Education Coordinating Board shall |
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54 | 54 | | adopt rules and establish policies and procedures to ensure that a |
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55 | 55 | | liaison officer designated under this section to serve students who |
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56 | 56 | | are homeless participates in a professional development program |
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57 | 57 | | under 42 U.S.C. Section 11432(d)(5). |
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58 | 58 | | SECTION 3. The heading to Section 51.978, Education Code, |
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59 | 59 | | is amended to read as follows: |
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60 | 60 | | Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR |
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61 | 61 | | CERTAIN STUDENTS WHO WERE [FORMERLY] UNDER CONSERVATORSHIP OF |
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62 | 62 | | DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS. |
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63 | 63 | | SECTION 4. Section 51.978(a), Education Code, is amended by |
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64 | 64 | | adding Subdivision (3) to read as follows: |
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65 | 65 | | (3) "Students who are homeless" has the meaning |
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66 | 66 | | assigned to the term "homeless children and youths" under 42 U.S.C. |
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67 | 67 | | Section 11434a and includes students who reside in a student |
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68 | 68 | | housing facility maintained by an institution of higher education |
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69 | 69 | | during an academic term but who are homeless between academic |
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70 | 70 | | terms. |
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71 | 71 | | SECTION 5. Section 51.978(b), Education Code, is amended to |
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72 | 72 | | read as follows: |
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73 | 73 | | (b) To be eligible to receive housing assistance from an |
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74 | 74 | | institution of higher education under Subsection (c), a student |
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75 | 75 | | must: |
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76 | 76 | | (1) be: |
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77 | 77 | | (A) a student who has [have] been under the |
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78 | 78 | | conservatorship of the Department of Family and Protective Services |
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79 | 79 | | or its predecessor in function on the day preceding: |
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80 | 80 | | (i) [(A)] the student's 18th birthday; or |
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81 | 81 | | (ii) [(B)] the date the student's |
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82 | 82 | | disabilities of minority are removed by a court under Chapter 31, |
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83 | 83 | | Family Code; or |
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84 | 84 | | (B) a student who is homeless; |
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85 | 85 | | (2) be enrolled full-time at the institution during |
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86 | 86 | | the academic term: |
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87 | 87 | | (A) for which the student requests the housing |
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88 | 88 | | assistance; or |
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89 | 89 | | (B) immediately preceding the period for which |
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90 | 90 | | the student requests the housing assistance; |
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91 | 91 | | (3) be registered or otherwise have taken the actions |
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92 | 92 | | required by the institution to permit the student to enroll |
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93 | 93 | | full-time at the institution during the academic term immediately |
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94 | 94 | | following the period for which the student requests the housing |
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95 | 95 | | assistance; and |
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96 | 96 | | (4) lack other reasonable temporary housing |
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97 | 97 | | alternatives between the academic terms described by Subdivisions |
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98 | 98 | | (2) and (3), as determined by the institution. |
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99 | 99 | | SECTION 6. Subchapter Z, Chapter 51, Education Code, is |
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100 | 100 | | amended by adding Section 51.9781 to read as follows: |
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101 | 101 | | Sec. 51.9781. PRIORITY ACCESS TO STUDENT HOUSING FOR |
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102 | 102 | | STUDENTS WHO ARE HOMELESS. (a) In this section: |
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103 | 103 | | (1) "Institution of higher education" has the meaning |
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104 | 104 | | assigned by Section 61.003. |
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105 | 105 | | (2) "Students who are homeless" has the meaning |
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106 | 106 | | assigned to the term "homeless children and youths" under 42 U.S.C. |
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107 | 107 | | Section 11434a and includes students who reside in a student |
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108 | 108 | | housing facility maintained by an institution of higher education |
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109 | 109 | | during an academic term but who are homeless between academic |
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110 | 110 | | terms. |
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111 | 111 | | (b) An institution of higher education that maintains |
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112 | 112 | | student housing facilities shall give priority in the assignment of |
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113 | 113 | | housing in those facilities to students who are homeless. |
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114 | 114 | | SECTION 7. Section 61.0908, Education Code, is amended to |
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115 | 115 | | read as follows: |
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116 | 116 | | Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST |
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117 | 117 | | STUDENTS WHO WERE [FORMERLY] IN FOSTER CARE OR WHO ARE HOMELESS. |
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118 | 118 | | (a) In this section, "students who are homeless" has the meaning |
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119 | 119 | | assigned to the term "homeless children and youths" under 42 U.S.C. |
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120 | 120 | | Section 11434a and includes students who reside in a student |
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121 | 121 | | housing facility maintained by an institution of higher education |
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122 | 122 | | during an academic term but who are homeless between academic |
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123 | 123 | | terms. |
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124 | 124 | | (b) The board shall designate at least one employee of the |
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125 | 125 | | board to act as a liaison officer for the following current and |
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126 | 126 | | incoming students at institutions of higher education: |
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127 | 127 | | (1) students who were [formerly] in the |
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128 | 128 | | conservatorship of the Department of Family and Protective |
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129 | 129 | | Services; and |
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130 | 130 | | (2) students who are homeless. |
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131 | 131 | | (c) The liaison officer shall assist in coordinating |
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132 | 132 | | college readiness and student success efforts relating to [those] |
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133 | 133 | | students described by Subsection (b). |
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134 | 134 | | (d) The board shall establish policies and procedures to |
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135 | 135 | | ensure that a liaison officer designated under this section to |
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136 | 136 | | serve students who are homeless participates in a professional |
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137 | 137 | | development program under 42 U.S.C. Section 11432(d)(5). |
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138 | 138 | | SECTION 8. Section 61.0909, Education Code, is amended to |
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139 | 139 | | read as follows: |
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140 | 140 | | Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING |
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141 | 141 | | EXCHANGE OF INFORMATION FOR STUDENTS WHO WERE [FORMERLY] IN FOSTER |
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142 | 142 | | CARE OR WHO ARE HOMELESS. (a) In this section: |
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143 | 143 | | (1) "Agency" means the Texas Education Agency. |
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144 | 144 | | (2) "Department"[, "department"] means the Department |
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145 | 145 | | of Family and Protective Services. |
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146 | 146 | | (3) "Students who are homeless" has the meaning |
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147 | 147 | | assigned to the term "homeless children and youths" under 42 U.S.C. |
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148 | 148 | | Section 11434a and includes students who reside in a student |
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149 | 149 | | housing facility maintained by an institution of higher education |
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150 | 150 | | during an academic term but who are homeless between academic |
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151 | 151 | | terms. |
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152 | 152 | | (b) The board, the agency, and the department shall enter |
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153 | 153 | | into a memorandum of understanding regarding the exchange of |
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154 | 154 | | information as appropriate to facilitate: |
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155 | 155 | | (1) the department's evaluation of educational |
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156 | 156 | | outcomes of students at institutions of higher education who were |
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157 | 157 | | [formerly] in the conservatorship of the department; and |
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158 | 158 | | (2) the agency's evaluation of educational outcomes at |
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159 | 159 | | institutions of higher education of students who are homeless. |
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160 | 160 | | (b-1) The memorandum of understanding must require: |
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161 | 161 | | (1) the department to provide the board each year with |
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162 | 162 | | demographic information regarding individual students enrolled at |
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163 | 163 | | institutions of higher education who were [formerly] in the |
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164 | 164 | | conservatorship of the department following an adversarial hearing |
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165 | 165 | | under Section 262.201, Family Code; |
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166 | 166 | | (2) the agency to provide the board each year with |
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167 | 167 | | demographic information regarding individual students who are |
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168 | 168 | | homeless and who are enrolled at an institution of higher |
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169 | 169 | | education; and |
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170 | 170 | | (3) [(2)] the board, in a manner consistent with |
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171 | 171 | | federal law, to provide: |
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172 | 172 | | (A) the department with aggregate information |
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173 | 173 | | regarding educational outcomes of students for whom the board |
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174 | 174 | | received demographic information under Subdivision (1); and |
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175 | 175 | | (B) the agency with aggregate information |
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176 | 176 | | regarding educational outcomes of students for whom the board |
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177 | 177 | | received demographic information under Subdivision (2). |
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178 | 178 | | (c) For purposes of Subsection (b-1)(3) [(b)(2)], |
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179 | 179 | | information regarding educational outcomes includes information |
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180 | 180 | | relating to student academic achievement, graduation rates, |
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181 | 181 | | attendance, and other educational outcomes as determined by the |
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182 | 182 | | board, the agency, and the department. |
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183 | 183 | | (d) The department or the agency may authorize the board to |
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184 | 184 | | provide education research centers established under Section 1.005 |
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185 | 185 | | with demographic information regarding individual students |
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186 | 186 | | received by the board in accordance with Subsections (b-1)(1) and |
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187 | 187 | | (2) [Subsection (b)(1)], as appropriate to allow the centers to |
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188 | 188 | | perform additional analysis regarding educational outcomes of |
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189 | 189 | | students who were in the conservatorship of the department and of |
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190 | 190 | | students who are homeless [foster care]. Any use of information |
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191 | 191 | | regarding individual students provided to a center under this |
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192 | 192 | | subsection must be approved by the department or the agency, as |
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193 | 193 | | applicable. |
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194 | 194 | | (e) This [Nothing in this] section may not be construed to: |
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195 | 195 | | (1) require the board, the agency, or the department |
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196 | 196 | | to collect or maintain additional information regarding students |
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197 | 197 | | who were [formerly] in the conservatorship of the department or |
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198 | 198 | | students who are homeless; or |
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199 | 199 | | (2) allow the release of information regarding an |
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200 | 200 | | individual student in a manner not permitted under the Family |
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201 | 201 | | Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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202 | 202 | | 1232g) or another state or federal law. |
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203 | 203 | | SECTION 9. (a) As soon as practicable after the effective |
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204 | 204 | | date of this Act, the Texas Higher Education Coordinating Board |
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205 | 205 | | shall adopt rules and establish policies and procedures as required |
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206 | 206 | | by Section 51.9356, Education Code, as amended by this Act. |
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207 | 207 | | (b) As soon as practicable after the effective date of this |
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208 | 208 | | Act, the Texas Higher Education Coordinating Board shall establish |
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209 | 209 | | policies and procedures as required by Section 61.0908, Education |
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210 | 210 | | Code, as amended by this Act. |
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211 | 211 | | (c) Not later than January 1, 2026, the Texas Higher |
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212 | 212 | | Education Coordinating Board shall designate a liaison officer as |
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213 | 213 | | required by Section 61.0908, Education Code, as amended by this |
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214 | 214 | | Act. |
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215 | 215 | | (d) Not later than March 1, 2026, the Texas Higher Education |
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216 | 216 | | Coordinating Board, the Department of Family and Protective |
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217 | 217 | | Services, and the Texas Education Agency shall enter into the |
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218 | 218 | | memorandum of understanding as required by Section 61.0909, |
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219 | 219 | | Education Code, as amended by this Act. |
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220 | 220 | | SECTION 10. This Act takes effect immediately if it |
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221 | 221 | | receives a vote of two-thirds of all the members elected to each |
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222 | 222 | | house, as provided by Section 39, Article III, Texas Constitution. |
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223 | 223 | | If this Act does not receive the vote necessary for immediate |
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224 | 224 | | effect, this Act takes effect September 1, 2025. |
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