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.