bill extends foster youth college help to homeless students

The text as introduced · 1,952 words

90R598 CMO-F

By: Bucy
H.B. No. 549

A BILL TO BE ENTITLED

AN ACT

relating to measures to assist students enrolled at public

institutions of higher education who are homeless or who are or were

in foster care.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 51.9356, Education Code,

is amended to read as follows:

Sec. 51.9356. DESIGNATION OF LIAISON OFFICER TO ASSIST

STUDENTS WHO ARE OR WERE IN FOSTER CARE OR WHO ARE HOMELESS .

SECTION 2. Section 51.9356, Education Code, is amended by

amending Subsections (a), (b), and (d) and adding Subsections (b-1)

and (g) to read as follows:

(a) In this section :

(1) "Institution [ , "institution ] of higher education"

has the meaning assigned by Section 61.003.

(2) "Students who are homeless" means students under

25 years of age who are considered "homeless children and youths"

under 42 U.S.C. Section 11434a and includes students who have been

verified by an institution of higher education for purposes of this

section as either:

(A) having been a homeless child or youth at any

time during the 24 months immediately preceding the student's

enrollment at the institution; or

(B) experiencing homelessness at any time while

enrolled at the institution.

(b) Each institution of higher education shall designate at

least one employee of the institution to act as a liaison officer

for current and incoming :

(1) students [ at the institution ] who are or were

[ formerly ] in the conservatorship of the Department of Family and

Protective Services ; and

(2) students who are homeless .

(b-1) To the extent allowed by state or federal law, each

[ the ] institution of higher education shall identify [ those ]

students described by Subsection (b) from information provided to

the institution in admission or financial aid applications or other

available resources.

(d) The liaison officer shall :

(1) contact a person designated under 42 U.S.C.

Section 11432(g)(1)(J)(ii) as necessary to facilitate the

transition of students described by Subsection (b) from secondary

to postsecondary education; and

(2) provide to those [ the ] students [ described by

Subsection (b) ] information regarding support services and other

resources available to the students at the institution of higher

education, including information about financial aid, on-campus

and off-campus housing, food and meal programs, and counseling

services, and any other relevant information to assist the

students.

(g) The Texas Higher Education Coordinating Board may adopt

rules and establish policies and procedures to ensure that a

liaison officer designated under this section to serve students who

are homeless participates in a professional development program

under 42 U.S.C. Section 11432(d)(5).

SECTION 3. The heading to Section 51.978, Education Code,

is amended to read as follows:

Sec. 51.978. TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR

CERTAIN STUDENTS WHO WERE [ FORMERLY ] UNDER CONSERVATORSHIP OF

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS .

SECTION 4. Section 51.978(a), Education Code, is amended by

adding Subdivision (3) to read as follows:

(3) "Students who are homeless" means students under

25 years of age who are considered "homeless children and youths"

under 42 U.S.C. Section 11434a and includes students who have been

verified by an institution of higher education for purposes of this

section as either:

(A) having been a homeless child or youth at any

time during the 24 months immediately preceding the student's

enrollment at the institution; or

(B) experiencing homelessness at any time while

enrolled at the institution.

SECTION 5. Section 51.978(b), Education Code, is amended to

read as follows:

(b) To be eligible to receive housing assistance from an

institution of higher education under Subsection (c), a student

must:

(1) be:

(A) a student who has [ have ] been under the

conservatorship of the Department of Family and Protective Services

or its predecessor in function on the day preceding:

(i) [ (A) ] the student's 18th birthday; or

(ii) [ (B) ] the date the student's

disabilities of minority are removed by a court under Chapter 31,

Family Code; or

(B) a student who is homeless;

(2) be enrolled full-time at the institution during

the academic term :

(A) for which the student requests the housing

assistance; or

(B) immediately preceding the period for which

the student requests the housing assistance;

(3) be registered or otherwise have taken the actions

required by the institution to permit the student to enroll

full-time at the institution during the academic term immediately

following the period for which the student requests the housing

assistance; and

(4) lack other reasonable temporary housing

alternatives between the academic terms described by Subdivisions

(2) and (3), as determined by the institution.

SECTION 6. Subchapter Z, Chapter 51, Education Code, is

amended by adding Section 51.9781 to read as follows:

Sec. 51.9781. PRIORITY ACCESS TO STUDENT HOUSING FOR

STUDENTS WHO ARE HOMELESS. (a) In this section:

(1) "Institution of higher education" has the meaning

assigned by Section 61.003.

(2) "Students who are homeless" means students under

25 years of age who are considered "homeless children and youths"

under 42 U.S.C. Section 11434a and includes students who have been

verified by an institution of higher education for purposes of this

section as either:

(A) having been a homeless child or youth at any

time during the 24 months immediately preceding the student's

enrollment at the institution; or

(B) experiencing homelessness at any time while

enrolled at the institution.

(b) An institution of higher education that maintains

student housing facilities shall give priority in the assignment of

housing in those facilities to students who are homeless.

SECTION 7. Section 61.0908, Education Code, is amended to

read as follows:

Sec. 61.0908. DESIGNATION OF LIAISON OFFICER TO ASSIST

STUDENTS WHO WERE [ FORMERLY ] IN FOSTER CARE OR WHO ARE HOMELESS .

(a) In this section, "students who are homeless" means students

under 25 years of age who are considered "homeless children and

youths" under 42 U.S.C. Section 11434a and includes students who

have been verified by an institution of higher education for

purposes of this section as either:

(1) having been a homeless child or youth at any time

during the 24 months immediately preceding the student's enrollment

at the institution; or

(2) experiencing homelessness at any time while

enrolled at the institution.

(b) The board shall designate at least one employee of the

board to act as a liaison officer for the following current and

incoming students at institutions of higher education :

(1) students who were [ formerly ] in the

conservatorship of the Department of Family and Protective

Services ; and

(2) students who are homeless .

(c) The liaison officer shall assist in coordinating

college readiness and student success efforts relating to [ those ]

students described by Subsection (b) .

(d) The board may establish policies and procedures to

ensure that a liaison officer designated under this section to

serve students who are homeless participates in a professional

development program under 42 U.S.C. Section 11432(d)(5).

SECTION 8. Section 61.0909, Education Code, is amended to

read as follows:

Sec. 61.0909. MEMORANDUM OF UNDERSTANDING REGARDING

EXCHANGE OF INFORMATION FOR STUDENTS WHO WERE [ FORMERLY ] IN FOSTER

CARE OR WHO ARE HOMELESS . (a) In this section :

(1) "Agency" means the Texas Education Agency.

(2) "Department" [ , "department" ] means the Department

of Family and Protective Services.

(3) "Students who are homeless" means students under

25 years of age who are considered "homeless children and youths"

under 42 U.S.C. Section 11434a and includes students who have been

verified by an institution of higher education for purposes of this

section as either:

(A) having been a homeless child or youth at any

time during the 24 months immediately preceding the student's

enrollment at the institution; or

(B) experiencing homelessness at any time while

enrolled at the institution.

(b) The board , the agency, and the department shall enter

into a memorandum of understanding regarding the exchange of

information as appropriate to facilitate :

(1) the department's evaluation of educational

outcomes of students at institutions of higher education who were

[ formerly ] in the conservatorship of the department ;

(2) the agency's evaluation of educational outcomes at

institutions of higher education of students who are homeless; and

(3) the provision of information to the board by the

agency under Subsection (b-1) .

(b-1) The memorandum of understanding must require:

(1) the department to provide the board each year with

demographic information regarding individual students enrolled at

institutions of higher education who were [ formerly ] in the

conservatorship of the department following an adversarial hearing

under Section 262.201, Family Code ;

(2) the agency to provide the board each year with

demographic information regarding individual students who are

homeless and who are enrolled at an institution of higher

education ; and

(3) [ (2) ] the board, in a manner consistent with

federal law, to provide :

(A) the department with aggregate information

regarding educational outcomes of students for whom the board

received demographic information under Subdivision (1) ; and

(B) the agency with aggregate information

regarding educational outcomes of students for whom the board

received demographic information under Subdivision (2) .

(c) For purposes of Subsection (b-1)(3) [ (b)(2) ],

information regarding educational outcomes includes information

relating to student academic achievement, graduation rates,

attendance, and other educational outcomes as determined by the

board , the agency, and the department.

(d) The department or the agency may authorize the board to

provide education research centers established under Section 1.005

with demographic information regarding individual students

received by the board in accordance with Subsections (b-1)(1) and

(2) [ Subsection (b)(1) ], as appropriate to allow the centers to

perform additional analysis regarding educational outcomes of

students who were in the conservatorship of the department and of

students who are homeless [ foster care ]. Any use of information

regarding individual students provided to a center under this

subsection must be approved by the department or the agency, as

applicable .

(e) This [ Nothing in this ] section may not be construed to:

(1) require the board , the agency, or the department

to collect or maintain additional information regarding students

who were [ formerly ] in the conservatorship of the department or

students who are homeless ; or

(2) allow the release of information regarding an

individual student in a manner not permitted under the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. Section

1232g) or another state or federal law.

SECTION 9. (a) As soon as practicable after the effective

date of this Act, the Texas Higher Education Coordinating Board

shall adopt rules and establish policies and procedures as required

by Section 51.9356, Education Code, as amended by this Act.

(b) As soon as practicable after the effective date of this

Act, the Texas Higher Education Coordinating Board shall establish

policies and procedures as required by Section 61.0908, Education

Code, as amended by this Act.

(c) Not later than January 1, 2028, the Texas Higher

Education Coordinating Board shall designate a liaison officer as

required by Section 61.0908, Education Code, as amended by this

Act.

(d) Not later than March 1, 2028, the Texas Higher Education

Coordinating Board, the Department of Family and Protective

Services, and the Texas Education Agency shall enter into the

memorandum of understanding as required by Section 61.0909,

Education Code, as amended by this Act.

SECTION 10. 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, 2027.