79R2563 KEL-D
By: Shapiro S.B. No. 1145
A BILL TO BE ENTITLED
AN ACT
relating to tuition or fee exemptions granted by public
institutions of higher education to children of certain classroom
teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.220 to read as follows:
Sec. 54.220. CHILDREN OF CLASSROOM TEACHERS. (a) In this
section:
(1) "Child" means a child of any age, including an
adult child. The term includes an adopted child.
(2) "Classroom teacher" has the meaning assigned by
Section 5.001(2).
(b) For purposes of this section, a person is another
person's child if the other person is the person's natural or
adoptive parent, managing or possessory conservator, or legal
guardian.
(c) The governing board of an institution of higher
education shall exempt from the payment of tuition or from the
payment of required fees for an academic year an eligible
undergraduate student who is a child of an eligible classroom
teacher and is designated by the classroom teacher to receive the
exemption.
(d) A classroom teacher is eligible to designate the
teacher's child to receive an exemption under this section for an
academic year if, at the beginning of the academic year, the teacher
is employed full-time as a classroom teacher by a school district in
this state and maintains that employment throughout the school year
that corresponds to the academic year.
(e) An undergraduate student is eligible for an exemption
for an academic year under this section only if the student is a
resident of this state for purposes of Subchapter B, Chapter 54, or
is otherwise entitled to pay tuition and fees at the rate provided
for residents of this state. A student who receives an exemption
for an initial academic period is eligible for an exemption for a
subsequent academic period only if the student has earned an
overall grade point average of at least 2.5 on a four-point scale or
the equivalent on coursework previously attempted at institutions
of higher education.
(f) On the completion of a classroom teacher's 15th year of
service, the teacher earns either an exemption from the payment of
tuition or an exemption from the payment of required fees for one
academic year for the benefit of one child. For each year of
service that exceeds 15 years, the classroom teacher earns an
additional tuition exemption or an additional fee exemption for one
academic year for the benefit of one child. The classroom teacher
may elect the type of exemption the child may receive under this
section at the time the teacher designates the child to receive the
exemption. The exemption earned by a classroom teacher for one year
of service may be used for the benefit of only one child. Years of
service as a classroom teacher are not required to be consecutive.
A classroom teacher may not designate a child to receive an
exemption under this section for an academic year unless the
teacher's most recent five years of service were in this state.
(g) A classroom teacher with at least 19 years of service
may elect to use any earned but unused exemptions toward the payment
of both the tuition and the required fees of one child during an
academic year or to use the unused exemptions toward the payment of
the tuition or the required fees, or both tuition and fees as
permitted by the number of unclaimed exemptions, of more than one
child during an academic year. Two classroom teachers may
aggregate years of service to earn one or more exemptions for the
benefit of one or more of their children in common, but each
classroom teacher must maintain eligibility under Subsection (d)
during the academic period for which the exemption is used.
(h) If an undergraduate student fails to meet any
eligibility requirement of Subsection (e) for an academic period,
the student may not receive an exemption under this section for that
academic period. An undergraduate student may become eligible to
receive the exemption in a subsequent academic period of the same
academic year if the student reestablishes eligibility before that
period begins.
(i) If a classroom teacher whose child receives an exemption
earned by the teacher under this section does not remain employed as
required by Subsection (d), the student may not receive an
exemption for a subsequent academic period of the same academic
year under this section until the next academic period that begins
after the classroom teacher reestablishes eligibility under
Subsection (d).
(j) An institution of higher education may require an
undergraduate student to pay prorated tuition or required fees, as
applicable, for an academic period if the student's eligibility for
the exemption under Subsection (e) or the teacher's eligibility for
the exemption under Subsection (d) is lost during that period.
(k) An undergraduate student is not eligible to receive an
exemption under this section if the person:
(1) subject to Subsection (l), has previously received
an exemption under this section for four academic years at any
institution or institutions of higher education; or
(2) has received a baccalaureate degree.
(l) An undergraduate student who, for any reason other than
a loss of relevant eligibility of the student or the classroom
teacher, fails to use an exemption from the payment of tuition or an
exemption from the payment of required fees in one or more academic
periods in the academic year for which the student is designated to
receive the exemption may carry forward and use that exemption in an
academic period of substantially similar length in a subsequent
academic year. The student may use only one exemption for each
academic period under this subsection unless the use of more than
one exemption is permitted under Subsection (g).
(m) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules prescribing procedures by which a classroom
teacher may designate a child to receive an exemption under this
section, including rules relating to the determination of a
student's eligibility for an exemption or a classroom teacher's
eligibility to designate a child to receive an exemption;
(2) rules to allow an otherwise eligible student to
receive an exemption under this section if the student is unable to
satisfy the grade point average requirement of Subsection (e)
solely as a result of a hardship or other good cause; and
(3) a uniform application form for an exemption under
this section.
(n) Notwithstanding any other provision of this section,
only the following undergraduate students who meet the eligibility
requirements of Subsection (e) are eligible to receive an exemption
under this section:
(1) in the 2006-2007 academic year, a student who has
completed less than 30 semester credit hours at any institution of
higher education;
(2) in the 2007-2008 academic year, a student who has
completed less than 60 semester credit hours at any institution of
higher education; and
(3) in the 2008-2009 academic year, a student who has
completed less than 90 semester credit hours at any institution of
higher education.
(o) This subsection and Subsection (n) expire September 1,
2009.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect beginning with the 2006 fall
semester.
(b) The Texas Higher Education Coordinating Board shall
adopt rules and forms for the administration of Section 54.220,
Education Code, as added by this Act, not later than January 1,
2006.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.