By West S.B. No. 1130
74R6353 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a reduction in AFDC benefits for certain children who
1-3 do not regularly attend school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.001, Human Resources Code, is amended
1-6 to read as follows:
1-7 Sec. 31.001. Aid to Families With Dependent Children. (a)
1-8 The department shall provide financial assistance and services to
1-9 families with dependent children in accordance with the provisions
1-10 of this chapter.
1-11 (b) The signature on the AFDC application of the parent,
1-12 guardian, managing conservator, or other individual who is applying
1-13 for assistance constitutes written consent for the release to the
1-14 department of school attendance records required to administer
1-15 Subchapter E.
1-16 SECTION 2. Chapter 31, Human Resources Code, is amended by
1-17 adding Subchapter E to read as follows:
1-18 SUBCHAPTER E. SCHOOL ATTENDANCE REQUIREMENT FOR SCHOOL-AGE
1-19 DEPENDENT CHILDREN AND CHILD RECIPIENTS OF ASSISTANCE
1-20 Sec. 31.081. APPLICATION OF SUBCHAPTER. This subchapter
1-21 applies only to a child who:
1-22 (1) is at least six years of age but younger than 18
1-23 years of age;
1-24 (2) is a dependent child or is receiving financial
2-1 assistance under this chapter on behalf of a dependent child;
2-2 (3) does not have a high school diploma or a high
2-3 school equivalency certificate; and
2-4 (4) is not specifically exempted from compulsory
2-5 attendance under Section 21.033, Education Code.
2-6 Sec. 31.082. BENEFITS REDUCED. (a) If after an
2-7 investigation, the department determines that a child to whom this
2-8 subchapter applies is not regularly attending school during a
2-9 four-month period, the department shall reduce by the following
2-10 percentage the amount of financial assistance that would otherwise
2-11 be provided to or for that child under this chapter:
2-12 Number of four-month periods Percentage reduction
2-13 during which the department
2-14 has determined that the child is
2-15 not regularly attending school
2-16 one 10 percent
2-17 two 25 percent
2-18 three or more 50 percent
2-19 (b) The department shall immediately notify the individual
2-20 receiving the financial assistance or, if applicable, the child's
2-21 parent, guardian, or managing conservator, if the department
2-22 determines that:
2-23 (1) the child is not regularly attending school; and
2-24 (2) assistance is to be reduced under this section.
2-25 Sec. 31.083. RESTORATION OF BENEFITS. The department shall
2-26 immediately restore the amount of financial assistance provided to
2-27 or for a child who has had a reduction in assistance under Section
3-1 31.082(a) to the amount the department would otherwise provide to
3-2 or for that child if:
3-3 (1) the department determines in a subsequent
3-4 investigation that the child is regularly attending school;
3-5 (2) the child receives a high school diploma or a high
3-6 school equivalency certificate;
3-7 (3) the child is specifically exempted from compulsory
3-8 attendance under Section 21.033, Education Code; or
3-9 (4) the child reaches the child's 18th birthday, if
3-10 the child is receiving assistance on behalf of a dependent child.
3-11 Sec. 31.084. ADDITIONAL REDUCTION. (a) If the department
3-12 determines in a subsequent investigation that a child who has had a
3-13 reduction in financial assistance under Section 31.082(a) is still
3-14 not regularly attending school, or is not regularly attending
3-15 school after benefits were restored under Section 31.083, the
3-16 department shall decrease the amount of the assistance accordingly.
3-17 (b) The department shall base the reduction of assistance
3-18 for a child under this section on the number of four-month periods
3-19 for which the department determines after an investigation that the
3-20 child is not regularly attending school.
3-21 Sec. 31.085. SCHOOL ATTENDANCE REQUIRED. (a) The
3-22 department by rule shall establish criteria to determine whether a
3-23 child to whom this subchapter applies is regularly attending
3-24 school. The rules shall provide that:
3-25 (1) the child may not have more than three unexcused
3-26 absences from school in a four-month period; and
3-27 (2) attendance for a school day is considered at least
4-1 five hours of a regular school day.
4-2 (b) At the end of every grading period, the department shall
4-3 contact the school attendance officer at the school in which the
4-4 child is enrolled to determine the number of unexcused absences.
4-5 Sec. 31.086. EXEMPTIONS; EXCUSED ABSENCES. (a) The
4-6 department by rule shall prescribe criteria for:
4-7 (1) exempting a child from this subchapter; and
4-8 (2) determining whether an absence is excused.
4-9 (b) The rules relating to excused absences may be no more
4-10 restrictive than the standards for determining an excused absence
4-11 under Subchapter B, Chapter 21, Education Code.
4-12 Sec. 31.087. GOOD CAUSE NONCOMPLIANCE HEARING. (a) If the
4-13 department has determined that a child to whom this subchapter
4-14 applies is not regularly attending school, the child, the
4-15 individual receiving assistance on behalf of the child, or the
4-16 child's parent, guardian, or managing conservator may request a
4-17 hearing to show good cause for noncompliance not later than the
4-18 10th day after the date on which notice under Section 31.082(b) is
4-19 received.
4-20 (b) The department shall promptly conduct a hearing if a
4-21 timely request for the hearing is made under Subsection (a).
4-22 During the hearing, the person requesting the hearing may contend
4-23 that the child is not subject to this subchapter or that some or
4-24 all of the absences should be excused.
4-25 (c) The department shall reduce in accordance with Section
4-26 31.082(a) the financial assistance provided to or for the child if
4-27 the department finds that:
5-1 (1) good cause for noncompliance was not shown at the
5-2 hearing;
5-3 (2) the child had the number of unexcused absences
5-4 during a four-month period required for the reduction; and
5-5 (3) if necessary, the department has previously
5-6 determined for a four-month period that the child was not regularly
5-7 attending school.
5-8 SECTION 3. If before implementing Subchapter E, Chapter 31,
5-9 Human Resources Code, as added by this Act, the Texas Department of
5-10 Human Services determines that a waiver or authorization from a
5-11 federal agency is necessary for implementation, the department
5-12 shall request the waiver or authorization and may delay
5-13 implementing that subchapter until the waiver or authorization is
5-14 granted.
5-15 SECTION 4. This Act takes effect September 1, 1995, and
5-16 applies only to benefits provided to or for a child who does not
5-17 meet attendance requirements or who drops out of school on or after
5-18 that date. Benefits provided to a child who does not meet
5-19 attendance requirements before the effective date of this Act are
5-20 governed by the law in effect on the day the child failed to meet
5-21 attendance requirements, and that law is continued in effect for
5-22 that purpose.
5-23 SECTION 5. The importance of this legislation and the
5-24 crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended.