By: Alonzo H.B. No. 1261
73R5484 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing the Texas partnership and scholarship
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 2, Education Code, is amended by adding
1-6 Chapter 35 to read as follows:
1-7 CHAPTER 35. TEXAS PARTNERSHIP AND SCHOLARSHIP PROGRAM
1-8 Sec. 35.01. DEFINITIONS. In this chapter:
1-9 (1) "Advisory council" means the Texas partnership and
1-10 scholarship program advisory council created under this chapter.
1-11 (2) "Board" means the Texas Higher Education
1-12 Coordinating Board.
1-13 (3) "Institution of higher education" has the meaning
1-14 assigned by Section 61.003 of this code.
1-15 Sec. 35.02. PROGRAM NAME AND PURPOSE. (a) The program
1-16 established under this chapter is known as the Texas partnership
1-17 and scholarship program.
1-18 (b) The purpose of the Texas partnership and scholarship
1-19 program is to provide financial assistance to institutions of
1-20 higher education, school districts, and nonprofit organizations
1-21 that operate partnership programs designed to encourage students
1-22 who are at risk of dropping out of school to remain in school,
1-23 graduate, and seek a college education.
1-24 (c) The Texas partnership and scholarship program is
2-1 designed to award a four-year college scholarship for tuition and
2-2 fees for students who participate in a partnership program during
2-3 their high school years and who meet the criteria established by
2-4 this chapter and by board rule.
2-5 Sec. 35.03. ADMINISTRATIVE AUTHORITY. (a) The board shall
2-6 administer the Texas partnership and scholarship program. The
2-7 advisory council shall assist the board as provided by this
2-8 chapter.
2-9 (b) The board shall provide financial assistance on a
2-10 competitive basis to eligible entities that operate partnership
2-11 programs that qualify under this chapter.
2-12 Sec. 35.04. ELIGIBLE ENTITY. (a) To be eligible to receive
2-13 financial assistance under this chapter, an entity must be an
2-14 institution of higher education or a school district or nonprofit
2-15 organization that does not incur debt and that is exempt from
2-16 taxation under Section 501(c)(3) of the Internal Revenue Code of
2-17 1986.
2-18 (b) An eligible entity must apply for financial assistance
2-19 on a form provided by the board and meet any other reasonable
2-20 requirements established by board rule.
2-21 Sec. 35.05. PROGRAM PARTICIPANTS. To be eligible to
2-22 participate in the partnership program, a student must be enrolled
2-23 at an elementary or secondary school that meets the selection
2-24 criteria under Section 35.06 of this code.
2-25 Sec. 35.06. AWARD OF FINANCIAL ASSISTANCE; PARTNERSHIP
2-26 PROGRAM. (a) The board, on a competitive basis, may award
2-27 financial assistance to an eligible entity that provides support
3-1 services to students selected as program participants.
3-2 (b) The types of services provided to program participants
3-3 by a partnership program must include a mentoring program and may
3-4 include skills assessment, tutoring, academic and personal
3-5 counseling, family counseling and home visits, staff development
3-6 activities for personnel with direct responsibility for program
3-7 participants, and mentoring programs.
3-8 (c) An eligible entity must make application to the board to
3-9 receive financial assistance under this chapter. An application
3-10 must demonstrate that the program contains the following elements:
3-11 (1) involvement of public school officials, teachers,
3-12 and counselors in identifying and selecting students in elementary
3-13 school for participation in the partnership program during the
3-14 elementary and secondary school grades;
3-15 (2) criteria for the selection of program participants
3-16 that include consideration of:
3-17 (A) whether the student has a high risk of
3-18 dropping out of school as measured by academic performance,
3-19 attendance, discipline problems, and other factors affecting school
3-20 performance, including teenage pregnancy or parenting, substance
3-21 abuse, child abuse or neglect, or limited English proficiency; and
3-22 (B) whether the student is a low-income student
3-23 as defined by board rule;
3-24 (3) academic and counseling support services for
3-25 program participants;
3-26 (4) involvement of parents and community volunteers to
3-27 the extent possible; and
4-1 (5) an evaluation component that includes follow-up
4-2 relating to the academic performance of program participants during
4-3 secondary school and the program participants' plans concerning
4-4 college attendance.
4-5 (d) If financial assistance is awarded to an eligible entity
4-6 that is not a school district, the application must include a
4-7 description of the frequency and manner of involvement of the
4-8 public schools and school personnel, especially teachers and
4-9 counselors, with the partnership program.
4-10 (e) In awarding financial assistance under this chapter, the
4-11 board shall give priority to an application that:
4-12 (1) provides support services to students enrolled in
4-13 a public school, including a rural public school, that is in a
4-14 school district identified by the Central Education Agency as
4-15 having a higher than average dropout rate;
4-16 (2) is from an eligible entity with demonstrated
4-17 experience in providing support services to students who are at
4-18 high risk of dropping out of school;
4-19 (3) emphasizes cooperation with the public schools in
4-20 which potential program participants are enrolled, including
4-21 communication with the at-risk coordinator designated under Section
4-22 11.205(c) of this code; and
4-23 (4) emphasizes parent involvement and volunteer
4-24 participation from community members.
4-25 (f) Each eligible entity that receives financial assistance
4-26 under this chapter must submit to the board:
4-27 (1) an annual report in the form provided by board
5-1 rule that includes an evaluation of the partnership program
5-2 administered by the eligible entity and follow-up information
5-3 relating to the academic performance and college plans of the
5-4 program participants; and
5-5 (2) a list of the names of program participants who
5-6 are eligible to receive a certificate of completion under Section
5-7 35.07 of this code.
5-8 Sec. 35.07. CERTIFICATE OF COMPLETION. The board shall
5-9 issue a certificate of completion to each student who completes
5-10 participation in a partnership program established under this
5-11 chapter and who meets all other requirements established by this
5-12 chapter and by board rule.
5-13 Sec. 35.08. COOPERATION OF CENTRAL EDUCATION AGENCY. (a)
5-14 The Central Education Agency and the commissioner of education
5-15 shall cooperate with the board concerning the board's
5-16 responsibilities in administering this chapter.
5-17 (b) The Central Education Agency shall provide the board
5-18 with any information concerning the public schools and enrolled
5-19 students that the board requires to administer this chapter and
5-20 that is not considered confidential under other law.
5-21 Sec. 35.09. AWARD OF SCHOLARSHIP. (a) The board shall
5-22 award a scholarship for tuition and compulsory fees, including
5-23 laboratory and building use fees, as provided by this section to a
5-24 student:
5-25 (1) who has received a certificate of completion from
5-26 the board under Section 35.07 of this code;
5-27 (2) who, not later than the second anniversary of the
6-1 date that the student completes high school, enrolls at an
6-2 institution of higher education in this state, a private
6-3 institution of higher education in this state, or an out-of-state
6-4 public or private institution of higher education; and
6-5 (3) who applies for the scholarship on a form provided
6-6 by the board.
6-7 (b) If a student eligible to receive a scholarship under
6-8 this section enrolls at an institution of higher education in this
6-9 state, the board shall award the student a scholarship under this
6-10 section in the amount of tuition and compulsory fees charged at
6-11 that institution.
6-12 (c) If a student eligible to receive a scholarship under
6-13 this section enrolls at a private institution of higher education
6-14 in this state or an out-of-state public or private institution of
6-15 higher education, the board shall award the student a scholarship
6-16 in the amount of the lesser of:
6-17 (1) the amount of tuition and compulsory fees charged
6-18 at that institution; or
6-19 (2) the amount of the average cost of tuition and
6-20 compulsory fees charged at a public senior college or university,
6-21 as defined by Section 61.003 of this code.
6-22 (d) A scholarship under this section may not be used to pay
6-23 voluntary fees or charges for room and board.
6-24 (e) If a student who receives a scholarship under this
6-25 section meets the qualifications under Subsection (g) of this
6-26 section, the board shall award a scholarship to the student for:
6-27 (1) four academic years of full-time undergraduate
7-1 student or the equivalent of part-time study; or
7-2 (2) five academic years of full-time undergraduate
7-3 student or the equivalent of part-time study, if the program of
7-4 study requires five years, as determined by the board.
7-5 (f) A semester, quarter, or term of enrollment during which
7-6 a student receives an award for part-time study under this section
7-7 is counted as one-half of a semester, quarter, or term, as
7-8 appropriate.
7-9 (g) To qualify to continue receiving a scholarship as
7-10 provided by Subsection (e) of this section, a student must:
7-11 (1) retain good academic standing, as provided by
7-12 board rule;
7-13 (2) apply for a scholarship each year on a form and in
7-14 the manner provided by board rule; and
7-15 (3) meet any other reasonable requirements established
7-16 under this subchapter by board rule.
7-17 Sec. 35.10. ADVISORY COUNCIL. (a) The Texas partnership
7-18 and scholarship program advisory council consists of:
7-19 (1) the commissioner of higher education and the
7-20 commissioner of education, who serve as ex officio members;
7-21 (2) three members of the public appointed by the
7-22 governor;
7-23 (3) two members of the public appointed by the
7-24 lieutenant governor; and
7-25 (4) two members of the public appointed by the speaker
7-26 of the house of representatives.
7-27 (b) A member of the advisory council serves for a three-year
8-1 term and may be reappointed for one three-year term, but may not
8-2 serve more than a total of six years. The term of a member expires
8-3 on February 1.
8-4 (c) The advisory council shall elect a presiding officer by
8-5 a majority vote of its members.
8-6 (d) A vacancy on the advisory council shall be filled in the
8-7 same manner in which the position was originally filled. The
8-8 person who fills the vacancy serves for the remainder of the
8-9 unexpired term.
8-10 (e) Members of the advisory council serve without
8-11 compensation but are entitled to reimbursement for actual and
8-12 necessary expenses.
8-13 (f) The advisory council shall:
8-14 (1) review a summary of each application from an
8-15 eligible entity for a grant to establish a partnership program and
8-16 provide its recommendations to the board concerning those
8-17 applications;
8-18 (2) assist the board in evaluating each partnership
8-19 program established under this chapter;
8-20 (3) advise the board concerning any rules adopted by
8-21 the board under this chapter; and
8-22 (4) provide any other assistance to the board that the
8-23 board considers necessary to administer this chapter.
8-24 (g) The board shall provide the advisory council with
8-25 technical and clerical assistance at the request of the council.
8-26 Sec. 35.11. GIFTS, GRANTS, AND DONATIONS. The board may
8-27 solicit and accept gifts, grants, and donations for the purposes of
9-1 this chapter. The board may accept a grant on a matching basis for
9-2 the purposes of this chapter and shall encourage private business
9-3 and industry to provide matching funds.
9-4 Sec. 35.12. ADOPTION AND DISTRIBUTION OF RULES. (a) The
9-5 board may adopt reasonable rules, consistent with the purposes of
9-6 this chapter, to carry out and enforce the requirements expressed
9-7 by this chapter.
9-8 (b) The board shall distribute to the Central Education
9-9 Agency, each public and private institution of higher education,
9-10 each public school district, and any other appropriate entity
9-11 copies of all rules adopted under this chapter.
9-12 Sec. 35.13. FUNDING. Financial assistance provided under
9-13 this chapter is payable from funds appropriated for that purpose
9-14 and from funds accepted by the board under Section 35.11 of this
9-15 code.
9-16 Sec. 35.14. ANNUAL REPORT. Not later than September 1 of
9-17 each year, the board shall submit to the governor and the
9-18 legislature a report that includes an evaluation of each
9-19 partnership program and recommendations concerning the
9-20 effectiveness of the Texas partnership and scholarship program in
9-21 motivating students to remain in school and to make plans to attend
9-22 college.
9-23 SECTION 2. (a) The governor, lieutenant governor, and
9-24 speaker of the house of representatives shall make their
9-25 appointments to the Texas partnership and scholarship advisory
9-26 council not later than January 1, 1994. For the initial members of
9-27 the advisory council, each appointing authority shall designate one
10-1 appointee to serve for a three-year term and one appointee to serve
10-2 for a two-year term, and the governor shall designate the
10-3 governor's remaining appointee to serve for a one-year term.
10-4 (b) Not later than January 1, 1994, the Texas Higher
10-5 Education Coordinating Board shall begin accepting applications for
10-6 financial assistance under the Texas partnership and scholarship
10-7 program established under this Act and shall award financial
10-8 assistance as soon as practicable for the 1994-1995 school year.
10-9 (c) Not later than September 1, 1995, the board shall submit
10-10 to the governor and the legislature its first annual report
10-11 concerning the Texas partnership and scholarship program.
10-12 SECTION 3. The importance of this legislation and the
10-13 crowded condition of the calendars in both houses create an
10-14 emergency and an imperative public necessity that the
10-15 constitutional rule requiring bills to be read on three several
10-16 days in each house be suspended, and this rule is hereby suspended,
10-17 and that this Act take effect and be in force from and after its
10-18 passage, and it is so enacted.