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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1187 was passed by the House on May 1, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1187 was passed by the Senate on May 17, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor