MMA C.S.S.B. 1311 75(R)BILL ANALYSIS HIGHER EDUCATION C.S.S.B. 1311 By: Moncrief (Cuellar) 5-14-97 Committee Report (Substituted) BACKGROUND Currently, there is no source of funding to assist students who wish to participate in unpaid Washington, D.C., internships. There are concerns that this lack of funding may provide a serious deterrent to students from low- to middle-income families. This bill would establish the Texas-Washington, D.C. Intern Scholarship Program for students from low- to middle-income families Washington, D.C. internships. PURPOSE C.S.S.B. 1311 creates a Texas-Washington, D.C. Intern Scholarship Program, administered by the Texas Higher Education Coordinating Board, to establish Washington, D.C., internships for low- to middle-income students. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the Texas Higher Education Coordinating Board under SECTION 1 [Section 56.229, Education Code, and made reference to in SECTION 1, Sec. 56.224, Subsections (1), (2) and (3)]. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 56, Education Code, by adding Subchapter L, as follows: SUBCHAPTER L. TEXAS-WASHINGTON, D.C., INTERN SCHOLARSHIP PROGRAM Sec. 56.221. PROGRAM NAME. Provides that the student financial assistance program authorized by this subchapter is known as the Texas-Washington, D.C., Intern Scholarship Program (program) and a grant awarded under this chapter is known as a Texas-Washington, D.C., Intern grant (grant). Sec. 56.222. PURPOSE. Provides that the purpose of this subchapter is to provide a grant of money to enable a qualified person enrolled in an institution of higher education to participate in a Washington, D.C., internship program. Sec. 56.223. DEFINITIONS. Defines "coordinating board," "grant" and "institution of higher education." Sec. 56.224. ELIGIBLE PERSON. (a) States that in order to be eligible for this grant, a student must: (1) be a Texas resident as defined by the Texas Higher Education Coordinating Board (THECB) rules; (2) enroll for a full course load in an approved institution as determined by THECB rules; (3) be from a low-income or middle-income family and establish financial need as defined by THECB rules; (4) have applied for any available financial assistance; and (5) have complied with other administrative requirements adopted by THECB under this subchapter. (b) Provides that a person is not eligible to receive this grant if they have been convicted of a felony, a crime involving certain offenses unless the person has met other eligibility requirements and has: (1) received a discharge certificate from Texas Department of Criminal Justice or other applicable facility or completed a period of probation ordered by a court and at least two years have passed from the completion or receipt date; or (2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to participate in the scholarship program. Sec. 56.225. ADMINISTRATIVE AUTHORITY. Requires the Texas Higher Education Coordinating Board (THECB), for each academic year, to provide grants in a number to be determined taking into consideration available funding for the year, to be awarded by approved institutions to eligible students. Requires THECB to allocate the grants available to approved institutions in proportion to the total enrollment of each institution in the preceding academic year. Prohibits the total amount of Texas-Washington, D.C., Intern grants from exceeding the amount available for the program from gifts and grants. Sec. 56.226. STANDARDS; AWARD OF GRANT. (a) Requires THECB to prescribe standards and procedures for the awarding of grants approved by institutions. (b) Requires that the standards for an internship to be a part of the program, at least include: (1) involvement in public, private or nonprofit service in D.C. or in the immediate vicinity and that relates to an activity of the federal government; (2) student's attendance or participation at least four days a week; (3) substantive professional work, entry-level or above, that provides the student with practical experience and not consisting of more than 20 percent clerical work; (4) an orientation or seminar attendance appropriate to the student's duties and degree program; and (5) a process to insure proper placement of each student. (c) Requires the standards for selecting eligible students to include at least the following factors: (1) socioeconomic background, including certain information; (2) extent of the applicant's responsibility in financing their education; (3) whether the applicant is the first generation to attend an institution of higher education; (4) applicant's responsibilities while attending school, including certain factors; (5) applicant's region of residence in the state during high school; (6) whether the applicant resided during high school or resides in a rural or urban area or a central city or suburban area; (7) applicant's leadership, employment history and community activities involvement; (8) applicant's personal statement; (9) letters of recommendation; (10) personal interview. (d) Requires each approved institution to award the grants allocated to the institution according to the standards and applicable procedures prescribed by THECB. Sec. 56.227. PAYMENT OF GRANT; AMOUNT. Requires that THECB distribute the amount of the grant to the institution to the student upon receipt of a student's grant application and certification from the applicable institution that the student has been awarded the grant. Prohibits the amount of a grant from exceeding the lesser of the student's documented financial need. Sec. 56.228. TUITION WAIVER; ADMINISTRATIVE FEE. (a) Requires that the institution awarding the grant for the Washington, D.C., internship exempt from tuition and fees the recipient of the grant for a specified semester or term if they register at another institution in order to complete the internship for credit. (b) Permits the institution to charge an exempt student under this section an administrative fee to defray the cost of administrating the internship. Sec. 56.229. ADOPTION AND DISTRIBUTION OF RULES. (a) Requires THECB to adopt rules to administer this subchapter. (b) Requires THECB to distribute to each institution of higher education copies of all rules adopted under this subchapter. Sec. 56.230. FUNDING. (a) Authorizes THECB to accept gifts and grants for purposes of this subchapter. (b) Provides that Texas-Washington, D.C., Intern grants are payable only from gifts and grants. SECTION 2. (a) Effective date: September 1, 1997. (b) Requires THECB to make grants under the program beginning when THECB determines sufficient funds are available to provide a reasonable number of grants, but not earlier than the 1998 spring semester. (c) Prohibits THECB from approving participation of a private or independent institution of higher education in the Texas-Washington, D.C., Intern Scholarship Program before a specific time frame and under conditions stated in Subsection (b). SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1311 adds to Sec. 56.223 a definition for "institution of higher education." C.S.S.B. 1311 replaces in Sec. 56.225 the 100 grant limit with language that would allow the THECB to determine the number of grants to provide contingent upon available funding. Also deletes language that allowed for the program to be funded from appropriations or other funds other than gifts and grants. C.S.S.B. 1311 adds to Sec. 56.226 (a) that the THECB also adopt procedures for awarding grants and deletes language that based the awards on financial need and other appropriate factors. C.S.S.B. 1311 adds a new subsection (b) to Sec. 56.226 which lists specific factors that must be included in the standards to be used by the THECB to qualify an internship. Also adds a subsection (c) which lists specific factors that must be included in the standards for selecting students to receive grants. Renumbers subsections accordingly. C.S.S.B. 1311 deletes from Sec. 56.227 "or $2,000" so that the grant amount would not exceed the lesser of the the student's documented financial need. C.S.S.B. 1311 adds a new Sec. 56.228, entitled "TUITION WAIVER; ADMINISTRATIVE FEE," which would provide for tuition and fee waivers for certain students and permits certain institutions to charge exempt students an administrative fee. Renumbers sections accordingly. C.S.S.B. 1311 deletes language that states THECB may accept gifts and grants "from any public or private source," and deletes language that allowed for the program to be funded from appropriations or other funds and requires that it only be funded from gifts and grants. C.S.S.B. 1311 adds subsection (c) to SECTION 2 of the measure which prohibits THECB from approving participation of a private or independent institution of higher education in the Texas-Washington, D.C., Intern Scholarship Program before a specific time frame and under certain conditions.