By Olivo, Rangel, Chavez, Naishtat, Shields H.B. No. 1187
77R10541 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Parents as Scholars pilot program for certain
1-3 recipients of temporary assistance for needy families.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 31, Human Resources Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. PARENTS AS SCHOLARS PILOT PROGRAM
1-8 Sec. 31.071. DEFINITIONS. In this subchapter:
1-9 (1) "Commission" means the Texas Workforce Commission.
1-10 (2) "Institution of higher education" includes a
1-11 private or independent institution of higher education.
1-12 (3) "Program" means the Parents as Scholars pilot
1-13 program established under this subchapter.
1-14 Sec. 31.072. PARENTS AS SCHOLARS PILOT PROGRAM. The
1-15 commission by rule shall establish a Parents as Scholars pilot
1-16 program under which recipients of financial assistance
1-17 participating in the program are allowed to fulfill applicable work
1-18 or employment activities requirements by engaging in educational
1-19 activities designed to result in receipt of a postsecondary degree.
1-20 Sec. 31.073. SELECTION OF PROGRAM PARTICIPANTS; EDUCATION
1-21 ASSESSMENT. (a) A recipient of financial assistance is eligible
1-22 for consideration as a program participant if the recipient:
1-23 (1) is certified as eligible to receive financial
1-24 assistance for not more than 12 months in accordance with Section
2-1 31.0065(b)(1);
2-2 (2) is the parent of at least one dependent child
2-3 younger than 18 years of age;
2-4 (3) has a high school diploma, a high school
2-5 equivalency certificate, or an associate degree; and
2-6 (4) is not exempt from work or employment activities
2-7 required under Section 31.012.
2-8 (b) Unless positions in the program are unavailable, the
2-9 commission shall conduct an education assessment of each recipient
2-10 described by Subsection (a) to determine the recipient's ability to
2-11 obtain a postsecondary degree. The education assessment must
2-12 include consideration of the recipient's:
2-13 (1) educational achievement;
2-14 (2) performance in the areas of reading, writing, and
2-15 mathematics on an assessment instrument prescribed and administered
2-16 by the commission; and
2-17 (3) possession of skills that would enable the
2-18 recipient to secure employment providing a salary equal to at least
2-19 85 percent of the state median income.
2-20 (c) The education assessment must be conducted after the
2-21 recipient attends the commission's employment planning session
2-22 under the CHOICES program, but before development of the
2-23 recipient's individual employment plan.
2-24 (d) The commission may offer a recipient the opportunity to
2-25 participate in the program if the commission determines that the
2-26 recipient:
2-27 (1) has the ability, as determined through the
3-1 education assessment, to obtain a postsecondary degree;
3-2 (2) has the ability to complete, within the 12-month
3-3 period in which the recipient is entitled to financial assistance
3-4 under Section 31.0065(b)(1), all necessary procedures for obtaining
3-5 admission to an institution of higher education, including taking
3-6 admission examinations and completing applications for admission
3-7 and student financial aid; and
3-8 (3) does not have the skills without the additional
3-9 education that would enable the recipient to secure employment
3-10 providing a salary equal to at least 85 percent of the state median
3-11 income.
3-12 Sec. 31.074. LIMIT ON NUMBER OF PROGRAM PARTICIPANTS. (a)
3-13 The commission may not allow more than 100 recipients to
3-14 participate in the program at one time.
3-15 (b) The commission shall select recipients to participate in
3-16 the program on a first-come, first-served basis.
3-17 Sec. 31.075. INDIVIDUAL EDUCATION PLAN; APPLICATION FOR
3-18 ADMISSION TO AN INSTITUTION OF HIGHER EDUCATION. (a) After
3-19 selection of a recipient for participation in the program, the
3-20 commission shall, in cooperation with the recipient, develop an
3-21 individual education plan for the recipient. The plan must include
3-22 requirements that the recipient:
3-23 (1) prepare for and take any necessary examinations
3-24 for admission to an institution of higher education;
3-25 (2) complete at least one application for admission to
3-26 an institution of higher education; and
3-27 (3) apply for any student financial aid for which the
4-1 recipient is eligible.
4-2 (b) Subject to generally applicable eligibility
4-3 requirements, a recipient continues to receive financial assistance
4-4 during the period that the recipient engages in the activities
4-5 required to obtain admission to an institution of higher education.
4-6 If a recipient is not offered admission to an institution of higher
4-7 education before the expiration of the 12-month period in which the
4-8 recipient is entitled to financial assistance under Section
4-9 31.0065(b)(1), the recipient is ineligible for continued
4-10 participation in the program.
4-11 Sec. 31.076. APPLICABILITY OF WORK OR EMPLOYMENT ACTIVITIES
4-12 REQUIREMENTS DURING APPLICATION PERIOD. (a) A recipient
4-13 participating in the program remains subject to the work or
4-14 employment activities requirements imposed by Section 31.012 until
4-15 the recipient begins attending an institution of higher education,
4-16 regardless of whether financial assistance is provided to the
4-17 recipient using federal funds, or cash assistance is provided to
4-18 the recipient using state funds under Section 31.078(c).
4-19 (b) The number of hours a recipient spends on completion of
4-20 activities specified in the recipient's individual education plan
4-21 developed under Section 31.075 are included in determining the
4-22 recipient's compliance with Section 31.012. If the number of hours
4-23 the recipient spends on education plan activities is less than the
4-24 number of hours required under Section 31.012, the recipient must
4-25 also participate in permissible work or employment activities for
4-26 the number of hours necessary to result in compliance with Section
4-27 31.012.
5-1 Sec. 31.077. ADMISSION TO AND ATTENDANCE AT INSTITUTION OF
5-2 HIGHER EDUCATION. (a) A recipient participating in the program
5-3 shall:
5-4 (1) notify the commission when the recipient receives
5-5 an offer of admission to an institution of higher education that
5-6 the recipient intends to accept; and
5-7 (2) enroll in that institution and begin attending
5-8 classes during the first semester for which the recipient is
5-9 offered admission.
5-10 (b) To remain eligible for participation in the program and
5-11 receipt of benefits under Section 31.078, a recipient must:
5-12 (1) take at least 12 credit hours each semester;
5-13 (2) make satisfactory academic progress, as determined
5-14 by the institution of higher education in which the recipient is
5-15 enrolled; and
5-16 (3) maintain eligibility for any applicable student
5-17 financial aid.
5-18 Sec. 31.078. PROGRAM BENEFITS. (a) Beginning on the date
5-19 that the commission determines that a recipient participating in
5-20 the program has received an offer of admission to an institution of
5-21 higher education that the recipient intends to accept, or beginning
5-22 on a date as soon after that date as practical, the recipient:
5-23 (1) ceases to receive financial assistance; and
5-24 (2) begins to receive monthly cash assistance in the
5-25 amount necessary to ensure that the recipient's household receives
5-26 the same total amount of money that the household received before
5-27 the recipient ceased to receive financial assistance.
6-1 (b) A recipient participating in the program is eligible for
6-2 child-care services, medical assistance, and food stamps in the
6-3 same manner as a person receiving financial assistance.
6-4 (c) The commission shall fund monthly cash assistance and
6-5 child-care services for recipients participating in the program
6-6 with state money appropriated to the commission for that purpose.
6-7 The commission shall use the state money in a manner that ensures
6-8 that the money is included in determining the state's compliance
6-9 with federal maintenance of effort requirements under Part A, Title
6-10 IV, Social Security Act (42 U.S.C. Section 601 et seq.), as
6-11 amended.
6-12 (d) The commission shall notify the department on
6-13 determination by the commission that a recipient is entitled to
6-14 benefits in accordance with Subsection (a), and the department
6-15 shall take all necessary administrative action to ensure that the
6-16 recipient ceases to receive financial assistance.
6-17 Sec. 31.079. TIME LIMITS. (a) A recipient participating in
6-18 the program who enrolls in an institution of higher education:
6-19 (1) is not subject to the time limits imposed by
6-20 Section 31.0065;
6-21 (2) is subject to applicable time limits imposed by
6-22 federal law;
6-23 (3) may, if the recipient is seeking an associate
6-24 degree, receive cash assistance and child-care services under the
6-25 program until the earlier of the date the recipient obtains the
6-26 degree or the date the recipient has received benefits for a total
6-27 of 36 months; and
7-1 (4) may, if the recipient is seeking a baccalaureate
7-2 degree, receive cash assistance and child-care services under the
7-3 program until the earlier of the date the recipient obtains the
7-4 degree or the date the recipient has received benefits for a total
7-5 of 60 months.
7-6 (b) A recipient participating in the program who obtains an
7-7 associate degree may subsequently pursue a baccalaureate degree if
7-8 approved by the commission. If approved, the recipient may receive
7-9 total benefits under the program for the period prescribed by
7-10 Subsection (a)(4).
7-11 Sec. 31.080. REPORT TO LEGISLATURE. Not later than January
7-12 15, 2007, the commission shall submit to the legislature a report
7-13 relating to the program. The report must include:
7-14 (1) an evaluation of the program's effectiveness in
7-15 improving employability of persons eligible for financial
7-16 assistance; and
7-17 (2) recommendations from the commission concerning
7-18 termination, continuation, or expansion of the program.
7-19 Sec. 31.081. EXPIRATION. This subchapter expires September
7-20 1, 2007.
7-21 SECTION 2. Section 31.045, Human Resources Code, is repealed.
7-22 SECTION 3. If before implementing any provision of this Act a
7-23 state agency determines that a waiver or authorization from a
7-24 federal agency is necessary for implementation of that provision,
7-25 the agency affected by the provision shall request the waiver or
7-26 authorization and may delay implementing that provision until the
7-27 waiver or authorization is granted.
8-1 SECTION 4. This Act takes effect September 1, 2001.