1-1 By: Olivo, et al. (Senate Sponsor - Zaffirini) H.B. No. 1187 1-2 (In the Senate - Received from the House May 2, 2001; 1-3 May 3, 2001, read first time and referred to Committee on Health 1-4 and Human Services; May 8, 2001, reported favorably by the 1-5 following vote: Yeas 8, Nays 0; May 8, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the Parents as Scholars pilot program for certain 1-9 recipients of temporary assistance for needy families. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 31, Human Resources Code, is amended by 1-12 adding Subchapter D to read as follows: 1-13 SUBCHAPTER D. PARENTS AS SCHOLARS PILOT PROGRAM 1-14 Sec. 31.071. DEFINITIONS. In this subchapter: 1-15 (1) "Commission" means the Texas Workforce Commission. 1-16 (2) "Institution of higher education" includes a 1-17 private or independent institution of higher education. 1-18 (3) "Program" means the Parents as Scholars pilot 1-19 program established under this subchapter. 1-20 Sec. 31.072. PARENTS AS SCHOLARS PILOT PROGRAM. The 1-21 commission by rule shall establish a Parents as Scholars pilot 1-22 program under which recipients of financial assistance 1-23 participating in the program are allowed to fulfill applicable work 1-24 or employment activities requirements by engaging in educational 1-25 activities designed to result in receipt of a postsecondary degree. 1-26 Sec. 31.073. SELECTION OF PROGRAM PARTICIPANTS; EDUCATION 1-27 ASSESSMENT. (a) A recipient of financial assistance is eligible 1-28 for consideration as a program participant if the recipient: 1-29 (1) is certified as eligible to receive financial 1-30 assistance for not more than 12 months in accordance with Section 1-31 31.0065(b)(1); 1-32 (2) is the parent of at least one dependent child 1-33 younger than 18 years of age; 1-34 (3) has a high school diploma, a high school 1-35 equivalency certificate, or an associate degree; and 1-36 (4) is not exempt from work or employment activities 1-37 required under Section 31.012. 1-38 (b) Unless positions in the program are unavailable, the 1-39 commission shall conduct an education assessment of each recipient 1-40 described by Subsection (a) to determine the recipient's ability to 1-41 obtain a postsecondary degree. The education assessment must 1-42 include consideration of the recipient's: 1-43 (1) educational achievement; 1-44 (2) performance in the areas of reading, writing, and 1-45 mathematics on an assessment instrument prescribed and administered 1-46 by the commission; and 1-47 (3) possession of skills that would enable the 1-48 recipient to secure employment providing a salary equal to at least 1-49 85 percent of the state median income. 1-50 (c) The education assessment must be conducted after the 1-51 recipient attends the commission's employment planning session 1-52 under the CHOICES program, but before development of the 1-53 recipient's individual employment plan. 1-54 (d) The commission may offer a recipient the opportunity to 1-55 participate in the program if the commission determines that the 1-56 recipient: 1-57 (1) has the ability, as determined through the 1-58 education assessment, to obtain a postsecondary degree; 1-59 (2) has the ability to complete, within the 12-month 1-60 period in which the recipient is entitled to financial assistance 1-61 under Section 31.0065(b)(1), all necessary procedures for obtaining 1-62 admission to an institution of higher education, including taking 1-63 admission examinations and completing applications for admission 1-64 and student financial aid; and 2-1 (3) does not have the skills without the additional 2-2 education that would enable the recipient to secure employment 2-3 providing a salary equal to at least 85 percent of the state median 2-4 income. 2-5 Sec. 31.074. LIMIT ON NUMBER OF PROGRAM PARTICIPANTS. (a) 2-6 The commission may not allow more than 100 recipients to 2-7 participate in the program at one time. 2-8 (b) The commission shall select recipients to participate in 2-9 the program on a first-come, first-served basis. 2-10 Sec. 31.075. INDIVIDUAL EDUCATION PLAN; APPLICATION FOR 2-11 ADMISSION TO AN INSTITUTION OF HIGHER EDUCATION. (a) After 2-12 selection of a recipient for participation in the program, the 2-13 commission shall, in cooperation with the recipient, develop an 2-14 individual education plan for the recipient. The plan must include 2-15 requirements that the recipient: 2-16 (1) prepare for and take any necessary examinations 2-17 for admission to an institution of higher education; 2-18 (2) complete at least one application for admission to 2-19 an institution of higher education; and 2-20 (3) apply for any student financial aid for which the 2-21 recipient is eligible. 2-22 (b) Subject to generally applicable eligibility 2-23 requirements, a recipient continues to receive financial assistance 2-24 during the period that the recipient engages in the activities 2-25 required to obtain admission to an institution of higher education. 2-26 If a recipient is not offered admission to an institution of higher 2-27 education before the expiration of the 12-month period in which the 2-28 recipient is entitled to financial assistance under Section 2-29 31.0065(b)(1), the recipient is ineligible for continued 2-30 participation in the program. 2-31 Sec. 31.076. APPLICABILITY OF WORK OR EMPLOYMENT ACTIVITIES 2-32 REQUIREMENTS DURING APPLICATION PERIOD. (a) A recipient 2-33 participating in the program remains subject to the work or 2-34 employment activities requirements imposed by Section 31.012 until 2-35 the recipient begins attending an institution of higher education, 2-36 regardless of whether financial assistance is provided to the 2-37 recipient using federal funds, or cash assistance is provided to 2-38 the recipient using state funds under Section 31.078(c). 2-39 (b) The number of hours a recipient spends on completion of 2-40 activities specified in the recipient's individual education plan 2-41 developed under Section 31.075 are included in determining the 2-42 recipient's compliance with Section 31.012. If the number of hours 2-43 the recipient spends on education plan activities is less than the 2-44 number of hours required under Section 31.012, the recipient must 2-45 also participate in permissible work or employment activities for 2-46 the number of hours necessary to result in compliance with Section 2-47 31.012. 2-48 Sec. 31.077. ADMISSION TO AND ATTENDANCE AT INSTITUTION OF 2-49 HIGHER EDUCATION. (a) A recipient participating in the program 2-50 shall: 2-51 (1) notify the commission when the recipient receives 2-52 an offer of admission to an institution of higher education that 2-53 the recipient intends to accept; and 2-54 (2) enroll in that institution and begin attending 2-55 classes during the first semester for which the recipient is 2-56 offered admission. 2-57 (b) To remain eligible for participation in the program and 2-58 receipt of benefits under Section 31.078, a recipient must: 2-59 (1) take at least 12 credit hours each semester; 2-60 (2) make satisfactory academic progress, as determined 2-61 by the institution of higher education in which the recipient is 2-62 enrolled; and 2-63 (3) maintain eligibility for any applicable student 2-64 financial aid. 2-65 Sec. 31.078. PROGRAM BENEFITS. (a) Beginning on the date 2-66 that the commission determines that a recipient participating in 2-67 the program has received an offer of admission to an institution of 2-68 higher education that the recipient intends to accept, or beginning 2-69 on a date as soon after that date as practical, the recipient: 3-1 (1) ceases to receive financial assistance; and 3-2 (2) begins to receive monthly cash assistance in the 3-3 amount necessary to ensure that the recipient's household receives 3-4 the same total amount of money that the household received before 3-5 the recipient ceased to receive financial assistance. 3-6 (b) A recipient participating in the program is eligible for 3-7 child-care services, medical assistance, and food stamps in the 3-8 same manner as a person receiving financial assistance. 3-9 (c) The commission shall fund monthly cash assistance and 3-10 child-care services for recipients participating in the program 3-11 with state money appropriated to the commission for that purpose. 3-12 The commission shall use the state money in a manner that ensures 3-13 that the money is included in determining the state's compliance 3-14 with federal maintenance of effort requirements under Part A, Title 3-15 IV, Social Security Act (42 U.S.C. Section 601 et seq.), as 3-16 amended. 3-17 (d) The commission shall notify the department on 3-18 determination by the commission that a recipient is entitled to 3-19 benefits in accordance with Subsection (a), and the department 3-20 shall take all necessary administrative action to ensure that the 3-21 recipient ceases to receive financial assistance. 3-22 Sec. 31.079. TIME LIMITS. (a) A recipient participating in 3-23 the program who enrolls in an institution of higher education: 3-24 (1) is not subject to the time limits imposed by 3-25 Section 31.0065; 3-26 (2) is subject to applicable time limits imposed by 3-27 federal law; 3-28 (3) may, if the recipient is seeking an associate 3-29 degree, receive cash assistance and child-care services under the 3-30 program until the earlier of the date the recipient obtains the 3-31 degree or the date the recipient has received benefits for a total 3-32 of 36 months; and 3-33 (4) may, if the recipient is seeking a baccalaureate 3-34 degree, receive cash assistance and child-care services under the 3-35 program until the earlier of the date the recipient obtains the 3-36 degree or the date the recipient has received benefits for a total 3-37 of 60 months. 3-38 (b) A recipient participating in the program who obtains an 3-39 associate degree may subsequently pursue a baccalaureate degree if 3-40 approved by the commission. If approved, the recipient may receive 3-41 total benefits under the program for the period prescribed by 3-42 Subsection (a)(4). 3-43 Sec. 31.080. REPORT TO LEGISLATURE. Not later than January 3-44 15, 2007, the commission shall submit to the legislature a report 3-45 relating to the program. The report must include: 3-46 (1) an evaluation of the program's effectiveness in 3-47 improving employability of persons eligible for financial 3-48 assistance; and 3-49 (2) recommendations from the commission concerning 3-50 termination, continuation, or expansion of the program. 3-51 Sec. 31.081. EXPIRATION. This subchapter expires September 3-52 1, 2007. 3-53 SECTION 2. Section 31.045, Human Resources Code, is repealed. 3-54 SECTION 3. If before implementing any provision of this Act a 3-55 state agency determines that a waiver or authorization from a 3-56 federal agency is necessary for implementation of that provision, 3-57 the agency affected by the provision shall request the waiver or 3-58 authorization and may delay implementing that provision until the 3-59 waiver or authorization is granted. 3-60 SECTION 4. This Act takes effect September 1, 2001. 3-61 * * * * *