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.