MMA H.B. 767 75(R)BILL ANALYSIS HIGHER EDUCATION H.B. 767 By: Junell 2-19-97 Committee Report (Unamended) BACKGROUND Section 54.211, Education Code, permits youths in Protective and Regulatory Services (PRS) foster care to obtain free tuition at state operated colleges, universities, and vocational schools when they become 18 years of age or older. Seventy-three youths utilized the tuition waiver in academic year 1993-94, at a cost of $50,878 to taxpayers. This number grew to 168 in academic year 1994-95, at a cost of $102,308 to taxpayers. The figure for academic year 1995-96 is 217 youths. This legislation has provided an incentive for many children in foster care to complete high school and enter college. Currently, state law requires that former foster care youths must be 18 or older to utilize the college tuition waiver. PRS estimates that this issue affects about 25 youths per year who graduate high school before their 18th birth date and are ready to attend college. PRS estimates that about twenty children stay in PRS conservatorship while waiting to reach age 18 to take advantage of the college tuition waiver. Meanwhile, the state continues to pay for the foster care of these children. PURPOSE As proposed, H.B. 767 would extend the tuition waiver to youths of any age who graduate from high school or receive a high school equivalency degree while under PRS conservatorship. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (1) and (2), Section 54.211, Education Code by adding language to read as follows: Subsection (1)(A) Includes children in foster care or other residential care under the conservatorship of the Department of Protective and Regulatory Services, who graduate from high school or receive the equivalent of a high school diploma. Subsection (2) Requires enrollment in an institution of higher education no later than the third anniversary of the date the child graduated or received the equivalency diploma; whichever date is earliest. SECTION 2. Effective date: beginning 1997 fall semester. SECTION 3. Emergency clause.