By: Cook H.B. No. 4251
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of postsecondary education to certain
  inmates in the Texas Department of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 501, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. POSTSECONDARY EDUCATION IN THE TEXAS DEPARTMENT OF
  CRIMINAL JUSTICE
         SECTION 501.181.  DEFINITIONS. In this subchapter:
               (1)  "Correctional facility" means a facility operated
  by or under contract with the department.
               (2)  "Postsecondary education or training program"
  means any course or sequence of courses offered by an institution
  of higher education to inmates of a correctional facility designed
  to lead to a degree, certificate, or other credential.
               (3)  "Prison education program" is a postsecondary
  education or training program that has the meaning provided in 34
  C.F.R. § 668.236.
         SECTION 501.182.  POSTSECONDARY EDUCATION AUTHORIZED. The
  department may contract with public and nonprofit institutions of
  higher education for the provision of postsecondary education and
  training programs, including prison education programs.
         SECTION 501.183.  INTENT. It is the intent of the
  Legislature that, in its administration of this subchapter, the
  department:
               (1)  oversee postsecondary education and training
  programs that:
                     (A)  lead to gainful employment for former inmates
  and align with the workforce needs of this state;
                     (B)  reduce recidivism;
                     (C)  improve inmates' overall quality of life and
  well-being; and
                     (D)  encourage a culture of civility among inmates
  within the department's facilities;
               (2)  ensure access to a rich variety of postsecondary
  education and training programs for all inmates, including female
  inmates and inmates incarcerated in geographically remote
  facilities;
               (3)  work collaboratively with the Windham School
  District, other state agencies, institutions of higher education,
  accrediting bodies, and interested stakeholders to promote the
  highest quality educational programming; and
               (4)  maximize enrollment in postsecondary education
  and training programs to the extent possible.
         SECTION 501.184.  INFORMATION TO BE PROVIDED BY INSTITUTION
  BEFORE VOCATIONAL TRAINING ENROLLMENT. The department shall
  require any institution of higher education operating a
  postsecondary education or training program within the
  department's facilities designed to lead to a license or
  certificate from a state agency to, prior to enrollment, inform
  each prospective student of:
               (1)  any rule or policy of a state agency that would
  impose a restriction or prohibition on the person in obtaining a
  certificate or license in connection with the program; and
               (2)  the procedures for:
                     (A)  requesting a criminal history evaluation
  letter under Section 53.102, Occupations Code;
                     (B)  providing evidence of fitness to perform the
  duties and discharge the responsibilities of a licensed occupation
  for purposes of Section 53.023, Occupations Code; and
                     (C)  appealing a state agency's denial of a
  certificate or license, including deadlines and due process
  requirements:
                           (i)  to the State Office of Administrative
  Hearings under Subchapter C, Chapter 2001, Government Code; and
                           (ii)  through any other available venue.
         SECTION 501.185.  LIMITS ON ENROLLMENT. (a)  The department
  may establish by rule criteria that disqualify an inmate from
  enrolling in a postsecondary education or training program.
         (b)  The department shall not deny an inmate the opportunity
  to enroll in a postsecondary education or training program solely
  on the basis of:
               (1)  the offense for which the inmate was convicted;
               (2)  the length of the inmate's sentence; or
               (3)  the remaining time until the inmate's expected
  release.
         SECTION 501.186.  POSTSECONDARY EDUCATIONAL REIMBURSEMENT.
  (a) Out of funds appropriated to the department for postsecondary
  education or training programs, the department may cover the cost
  of tuition and fees for up to two courses per academic term for
  inmates who have:
               (1)  demonstrated a record of rehabilitation while
  incarcerated; and
               (2)  demonstrated the aptitude and capabilities to do
  college-level study.
         (b)  The costs of such programs shall be reimbursed by the
  inmate as a condition of parole, beginning not less than six months
  following the inmate's release.
         (c)  The department may not charge interest for the repayment
  of costs associated with this section.
         (d)  In a parole or mandatory supervision revocation hearing
  under Section 508.281, Government Code, at which it is alleged only
  that the releasee failed to make a payment under this section, it is
  an affirmative defense to revocation that the releasee is unable to
  pay the amount required by the department.  The releasee must prove
  the affirmative defense by a preponderance of the evidence.
         SECTION 501.187.  PRISON EDUCATION PROGRAM APPROVAL. (a)
  The department shall establish a formal application and approval
  process for institutions seeking to establish a prison education
  program in the department's facilities.
         (b)  In making approval decisions under Subsection (a), the
  department shall consider:
               (1)  the potential for graduates of the proposed
  program to compete for current and emerging jobs or to continue
  their postsecondary education upon release;
               (2)  whether the applying institution has a successful
  history of offering programs to inmates;
               (3)  whether the proposed prison education program
  would be located at a facility that currently has no or limited
  postsecondary education or training opportunities;
               (4)  whether the proposed prison education program
  would provide postsecondary education or training opportunities to
  a student population that currently cannot access similar
  opportunities, including by transfer to a different facility;
               (5)  the amount and type of student support services,
  including re-entry supports, the institution proposes to offer to
  its students; and
               (6)  any other criteria the department deems necessary.
         (c)  The department shall, to the extent practicable,
  provide feedback upon request to institutions that have
  applications rejected under this section.
         SECTION 501.188.  DATA COLLECTION AND SHARING. (a) The
  department shall establish a data-sharing agreement with any
  institution approved to operate a prison education program in the
  department's facilities.  Such an agreement must be sufficient for
  the institution to comply with applicable federal laws or
  regulations.
         (b)  The department may enter into a memorandum of
  understanding with the Windham School District, the Texas Education
  Agency, the Department of Public Safety, the Texas Workforce
  Commission, the Texas Higher Education Coordinating Board, and any
  relevant state licensing agencies to obtain and share data to:
               (1)  evaluate the effectiveness of postsecondary
  education and training programs within its facilities; and
               (2)  perform any evaluations of prison education
  programs as required by federal law or regulations.
         (c)  Unless made confidential by other law, any
  nonidentifiable data used to evaluate the effectiveness of
  postsecondary education and training programs within the
  department's facilities is considered public information under
  Chapter 552, Government Code.
         SECTION 501.189.  FUNDING. The department may solicit and
  accept gifts, grants, and other donations for the purposes of
  administering this subchapter.
         SECTION 501.190.  ANNUAL REPORT. In its annual report, the
  department shall produce a list of postsecondary education and
  training programs active in its facilities, including, for each
  program:
               (1)  the facility in which the program is operating;
               (2)  the institution or institutions of higher
  education operating the program;
               (3)  whether the program is a prison education program;
  and
               (4)  the total unduplicated enrollment of the program
  in that year, disaggregated by race, ethnicity, and gender.
         SECTION 501.191.  RULES. The board may adopt rules as
  necessary to administer this subchapter.
         SECTION 2.  (a) In this section, "board" means the Texas
  Higher Education Coordinating Board.
         (b)  Not later than June 1, 2024, the board, in collaboration
  with the Texas Department of Criminal Justice and any other entity
  necessary for this purpose, shall identify and implement a means of
  identifying and separating incarcerated students from aggregated
  datasets within the board's purview for the purpose of measuring
  academic effectiveness and other relevant characteristics.
         (c)  This section expires December 31, 2024.
         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, 2023.