86R2913 SOS-F
 
  By: González of El Paso H.B. No. 99
 
 
 
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 were
  formerly in foster care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.9356, Education Code, is amended to
  read as follows:
         Sec. 51.9356.  DESIGNATION OF LIAISON OFFICER TO ASSIST
  STUDENTS WHO WERE FORMERLY IN FOSTER CARE OR WHO ARE HOMELESS. (a)
  In this section:
               (1)  "Institution[, "institution] of higher education"
  has the meaning assigned by Section 61.003.
               (2)  "Students who are homeless" has the meaning
  assigned to the term "homeless children and youths" under 42 U.S.C.
  Section 11434a and includes students who reside in a student
  housing facility maintained by an institution of higher education
  during an academic term but who are homeless between academic
  terms.
         (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 were formerly in
  the conservatorship of the Department of Family and Protective
  Services; and
               (2)  students who are homeless.
         (c)  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 students 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, counseling services, and any other relevant information
  to assist the students.
         (d)  The board shall 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 2.  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 3.  Section 51.978(a), Education Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Students who are homeless" has the meaning
  assigned to the term "homeless children and youths" under 42 U.S.C.
  Section 11434a and includes students who reside in a student
  housing facility maintained by an institution of higher education
  during an academic term but who are homeless between academic
  terms.
         SECTION 4.  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 5.  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" has the meaning
  assigned to the term "homeless children and youths" under 42 U.S.C.
  Section 11434a and includes students who reside in a student
  housing facility maintained by an institution of higher education
  during an academic term but who are homeless between academic
  terms.
         (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 6.  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" has the meaning
  assigned to the term "homeless children and youths" under 42 U.S.C.
  Section 11434a and includes students who reside in a student
  housing facility maintained by an institution of higher education
  during an academic term but who are homeless between academic
  terms.
         (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 shall 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 7.  Section 61.0909, Education Code, is amended to
  read as follows:
         Sec. 61.0909.  MEMORANDUM OF UNDERSTANDING REGARDING
  EXCHANGE OF INFORMATION FOR STUDENTS 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" has the meaning
  assigned to the term "homeless children and youths" under 42 U.S.C.
  Section 11434a and includes students who reside in a student
  housing facility maintained by an institution of higher education
  during an academic term but who are homeless between academic
  terms.
         (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; and
               (2)  the agency's evaluation of educational outcomes at
  institutions of higher education of students who are homeless.
         (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 Subsection (b-1)(3) 
  [(b)(1)], as appropriate to allow the centers to perform additional
  analysis regarding educational outcomes of students who were
  formerly 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
  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 8.  (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, 2020, 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, 2020, 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 9.  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, 2019.