Texas 2025 - 89th Regular

Texas Senate Bill SB2163 Compare Versions

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11 89R4800 CMO-F
22 By: Parker S.B. No. 2163
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to measures to assist students enrolled at public
1010 institutions of higher education who are homeless or who are or were
1111 in foster care.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. The heading to Section 51.9356, Education Code,
1414 is amended to read as follows:
1515 Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST
1616 STUDENTS WHO ARE OR WERE IN FOSTER CARE OR WHO ARE HOMELESS.
1717 SECTION 2. Section 51.9356, Education Code, is amended by
1818 amending Subsections (a), (b), and (d) and adding Subsections (b-1)
1919 and (g) to read as follows:
2020 (a) In this section:
2121 (1) "Institution[, "institution] of higher education"
2222 has the meaning assigned by Section 61.003.
2323 (2) "Students who are homeless" has the meaning
2424 assigned to the term "homeless children and youths" under 42 U.S.C.
2525 Section 11434a and includes students who reside in a student
2626 housing facility maintained by an institution of higher education
2727 during an academic term but who are homeless between academic
2828 terms.
2929 (b) Each institution of higher education shall designate at
3030 least one employee of the institution to act as a liaison officer
3131 for current and incoming:
3232 (1) students [at the institution] who are or were
3333 [formerly] in the conservatorship of the Department of Family and
3434 Protective Services; and
3535 (2) students who are homeless.
3636 (b-1) To the extent allowed by state or federal law, each
3737 [the] institution of higher education shall identify [those]
3838 students described by Subsection (b) from information provided to
3939 the institution in admission or financial aid applications or other
4040 available resources.
4141 (d) The liaison officer shall:
4242 (1) contact a person designated under 42 U.S.C.
4343 Section 11432(g)(1)(J)(ii) as necessary to facilitate the
4444 transition of students described by Subsection (b) from secondary
4545 to postsecondary education; and
4646 (2) provide to those [the] students [described by
4747 Subsection (b)] information regarding support services and other
4848 resources available to the students at the institution of higher
4949 education, including information about financial aid, on-campus
5050 and off-campus housing, food and meal programs, and counseling
5151 services, and any other relevant information to assist the
5252 students.
5353 (g) The Texas Higher Education Coordinating Board shall
5454 adopt rules and establish policies and procedures to ensure that a
5555 liaison officer designated under this section to serve students who
5656 are homeless participates in a professional development program
5757 under 42 U.S.C. Section 11432(d)(5).
5858 SECTION 3. The heading to Section 51.978, Education Code,
5959 is amended to read as follows:
6060 Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR
6161 CERTAIN STUDENTS WHO WERE [FORMERLY] UNDER CONSERVATORSHIP OF
6262 DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS.
6363 SECTION 4. Section 51.978(a), Education Code, is amended by
6464 adding Subdivision (3) to read as follows:
6565 (3) "Students who are homeless" has the meaning
6666 assigned to the term "homeless children and youths" under 42 U.S.C.
6767 Section 11434a and includes students who reside in a student
6868 housing facility maintained by an institution of higher education
6969 during an academic term but who are homeless between academic
7070 terms.
7171 SECTION 5. Section 51.978(b), Education Code, is amended to
7272 read as follows:
7373 (b) To be eligible to receive housing assistance from an
7474 institution of higher education under Subsection (c), a student
7575 must:
7676 (1) be:
7777 (A) a student who has [have] been under the
7878 conservatorship of the Department of Family and Protective Services
7979 or its predecessor in function on the day preceding:
8080 (i) [(A)] the student's 18th birthday; or
8181 (ii) [(B)] the date the student's
8282 disabilities of minority are removed by a court under Chapter 31,
8383 Family Code; or
8484 (B) a student who is homeless;
8585 (2) be enrolled full-time at the institution during
8686 the academic term:
8787 (A) for which the student requests the housing
8888 assistance; or
8989 (B) immediately preceding the period for which
9090 the student requests the housing assistance;
9191 (3) be registered or otherwise have taken the actions
9292 required by the institution to permit the student to enroll
9393 full-time at the institution during the academic term immediately
9494 following the period for which the student requests the housing
9595 assistance; and
9696 (4) lack other reasonable temporary housing
9797 alternatives between the academic terms described by Subdivisions
9898 (2) and (3), as determined by the institution.
9999 SECTION 6. Subchapter Z, Chapter 51, Education Code, is
100100 amended by adding Section 51.9781 to read as follows:
101101 Sec. 51.9781. PRIORITY ACCESS TO STUDENT HOUSING FOR
102102 STUDENTS WHO ARE HOMELESS. (a) In this section:
103103 (1) "Institution of higher education" has the meaning
104104 assigned by Section 61.003.
105105 (2) "Students who are homeless" has the meaning
106106 assigned to the term "homeless children and youths" under 42 U.S.C.
107107 Section 11434a and includes students who reside in a student
108108 housing facility maintained by an institution of higher education
109109 during an academic term but who are homeless between academic
110110 terms.
111111 (b) An institution of higher education that maintains
112112 student housing facilities shall give priority in the assignment of
113113 housing in those facilities to students who are homeless.
114114 SECTION 7. Section 61.0908, Education Code, is amended to
115115 read as follows:
116116 Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST
117117 STUDENTS WHO WERE [FORMERLY] IN FOSTER CARE OR WHO ARE HOMELESS.
118118 (a) In this section, "students who are homeless" has the meaning
119119 assigned to the term "homeless children and youths" under 42 U.S.C.
120120 Section 11434a and includes students who reside in a student
121121 housing facility maintained by an institution of higher education
122122 during an academic term but who are homeless between academic
123123 terms.
124124 (b) The board shall designate at least one employee of the
125125 board to act as a liaison officer for the following current and
126126 incoming students at institutions of higher education:
127127 (1) students who were [formerly] in the
128128 conservatorship of the Department of Family and Protective
129129 Services; and
130130 (2) students who are homeless.
131131 (c) The liaison officer shall assist in coordinating
132132 college readiness and student success efforts relating to [those]
133133 students described by Subsection (b).
134134 (d) The board shall establish policies and procedures to
135135 ensure that a liaison officer designated under this section to
136136 serve students who are homeless participates in a professional
137137 development program under 42 U.S.C. Section 11432(d)(5).
138138 SECTION 8. Section 61.0909, Education Code, is amended to
139139 read as follows:
140140 Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING
141141 EXCHANGE OF INFORMATION FOR STUDENTS WHO WERE [FORMERLY] IN FOSTER
142142 CARE OR WHO ARE HOMELESS. (a) In this section:
143143 (1) "Agency" means the Texas Education Agency.
144144 (2) "Department"[, "department"] means the Department
145145 of Family and Protective Services.
146146 (3) "Students who are homeless" has the meaning
147147 assigned to the term "homeless children and youths" under 42 U.S.C.
148148 Section 11434a and includes students who reside in a student
149149 housing facility maintained by an institution of higher education
150150 during an academic term but who are homeless between academic
151151 terms.
152152 (b) The board, the agency, and the department shall enter
153153 into a memorandum of understanding regarding the exchange of
154154 information as appropriate to facilitate:
155155 (1) the department's evaluation of educational
156156 outcomes of students at institutions of higher education who were
157157 [formerly] in the conservatorship of the department; and
158158 (2) the agency's evaluation of educational outcomes at
159159 institutions of higher education of students who are homeless.
160160 (b-1) The memorandum of understanding must require:
161161 (1) the department to provide the board each year with
162162 demographic information regarding individual students enrolled at
163163 institutions of higher education who were [formerly] in the
164164 conservatorship of the department following an adversarial hearing
165165 under Section 262.201, Family Code;
166166 (2) the agency to provide the board each year with
167167 demographic information regarding individual students who are
168168 homeless and who are enrolled at an institution of higher
169169 education; and
170170 (3) [(2)] the board, in a manner consistent with
171171 federal law, to provide:
172172 (A) the department with aggregate information
173173 regarding educational outcomes of students for whom the board
174174 received demographic information under Subdivision (1); and
175175 (B) the agency with aggregate information
176176 regarding educational outcomes of students for whom the board
177177 received demographic information under Subdivision (2).
178178 (c) For purposes of Subsection (b-1)(3) [(b)(2)],
179179 information regarding educational outcomes includes information
180180 relating to student academic achievement, graduation rates,
181181 attendance, and other educational outcomes as determined by the
182182 board, the agency, and the department.
183183 (d) The department or the agency may authorize the board to
184184 provide education research centers established under Section 1.005
185185 with demographic information regarding individual students
186186 received by the board in accordance with Subsections (b-1)(1) and
187187 (2) [Subsection (b)(1)], as appropriate to allow the centers to
188188 perform additional analysis regarding educational outcomes of
189189 students who were in the conservatorship of the department and of
190190 students who are homeless [foster care]. Any use of information
191191 regarding individual students provided to a center under this
192192 subsection must be approved by the department or the agency, as
193193 applicable.
194194 (e) This [Nothing in this] section may not be construed to:
195195 (1) require the board, the agency, or the department
196196 to collect or maintain additional information regarding students
197197 who were [formerly] in the conservatorship of the department or
198198 students who are homeless; or
199199 (2) allow the release of information regarding an
200200 individual student in a manner not permitted under the Family
201201 Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
202202 1232g) or another state or federal law.
203203 SECTION 9. (a) As soon as practicable after the effective
204204 date of this Act, the Texas Higher Education Coordinating Board
205205 shall adopt rules and establish policies and procedures as required
206206 by Section 51.9356, Education Code, as amended by this Act.
207207 (b) As soon as practicable after the effective date of this
208208 Act, the Texas Higher Education Coordinating Board shall establish
209209 policies and procedures as required by Section 61.0908, Education
210210 Code, as amended by this Act.
211211 (c) Not later than January 1, 2026, the Texas Higher
212212 Education Coordinating Board shall designate a liaison officer as
213213 required by Section 61.0908, Education Code, as amended by this
214214 Act.
215215 (d) Not later than March 1, 2026, the Texas Higher Education
216216 Coordinating Board, the Department of Family and Protective
217217 Services, and the Texas Education Agency shall enter into the
218218 memorandum of understanding as required by Section 61.0909,
219219 Education Code, as amended by this Act.
220220 SECTION 10. This Act takes effect immediately if it
221221 receives a vote of two-thirds of all the members elected to each
222222 house, as provided by Section 39, Article III, Texas Constitution.
223223 If this Act does not receive the vote necessary for immediate
224224 effect, this Act takes effect September 1, 2025.