MMA H.B. 3089 75(R)BILL ANALYSIS HIGHER EDUCATION H.B. 3089 By: Jones, Jesse 4-17-97 Committee Report (Unamended) BACKGROUND Students may apply for federal loans to cover the expenses associated with attending an institution of higher education. The loan may cover tuition and fees, costs associated with attending the institution, and living expenses incurred while attending school. Most students with a disability or chronic illness may not use the funds obtained to pay for expenses incurred in connection with treatment of the student's disability or illness. PURPOSE H.B. 3089 would prevent an institution of higher education from adopting a policy that prevents a student with a disability or chronic illness from using federal loans to pay for expenses incurred in connection with treatment of the student's disability or illness. 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 Subchapter A, Chapter 56, Education Code, by adding Section 56.004, to read as follows: Sec. 56.004. STUDENT LOANS FOR STUDENT WITH DISABILITY OR CHRONIC ILLNESS. (a) Prohibits an institution of higher education from adopting or enforcing a policy which prevents a student with a disability or or chronic illness from receiving the maximum amount of loan funds for which a student is eligible to pay for tuition and fees, costs related to attending the institution, living expenses and medical or personal care expenses in connection with treatment of the student's disability or illness. (b) Clarifies that this section does not prohibit an institution from limiting the maximum amount of loan funds that other students at the institution may receive if federal law permits. (c) Defines a student to have a disability, for purposes of this section, by the Americans with Disabilities Act. SECTION 2. Emergency clause.