89R4800 CMO-F     By: Parker S.B. No. 2163       A BILL TO BE ENTITLED   AN ACT   relating to measures to assist students enrolled at public   institutions of higher education who are homeless or who are or were   in foster care.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 51.9356, Education Code,   is amended to read as follows:          Sec. 51.9356.  DESIGNATION OF LIAISON OFFICER TO ASSIST   STUDENTS WHO ARE OR WERE IN FOSTER CARE OR WHO ARE HOMELESS.          SECTION 2.  Section 51.9356, Education Code, is amended by   amending Subsections (a), (b), and (d) and adding Subsections (b-1)   and (g) to read as follows:          (a)  In this section:                (1)  "Institution[, "institution] of higher education"   has the meaning assigned by Section 61.003.                (2)  "Students who are homeless" has the meaning   assigned to the term "homeless children and youths" under 42 U.S.C.   Section 11434a and includes students who reside in a student   housing facility maintained by an institution of higher education   during an academic term but who are homeless between academic   terms.          (b)  Each institution of higher education shall designate at   least one employee of the institution to act as a liaison officer   for current and incoming:                (1)  students [at the institution] who are or were   [formerly] in the conservatorship of the Department of Family and   Protective Services; and                (2)  students who are homeless.          (b-1)  To the extent allowed by state or federal law, each   [the] institution of higher education shall identify [those]   students described by Subsection (b) from information provided to   the institution in admission or financial aid applications or other   available resources.          (d)  The liaison officer shall:                (1)  contact a person designated under 42 U.S.C.   Section 11432(g)(1)(J)(ii) as necessary to facilitate the   transition of students described by Subsection (b) from secondary   to postsecondary education; and                (2)  provide to those [the] students [described by   Subsection (b)] information regarding support services and other   resources available to the students at the institution of higher   education, including information about financial aid, on-campus   and off-campus housing, food and meal programs, and counseling   services, and any other relevant information to assist the   students.          (g)  The Texas Higher Education Coordinating Board shall   adopt rules and establish policies and procedures to ensure that a   liaison officer designated under this section to serve students who   are homeless participates in a professional development program   under 42 U.S.C. Section 11432(d)(5).          SECTION 3.  The heading to Section 51.978, Education Code,   is amended to read as follows:          Sec. 51.978.  TEMPORARY HOUSING BETWEEN ACADEMIC TERMS FOR   CERTAIN STUDENTS WHO WERE [FORMERLY] UNDER CONSERVATORSHIP OF   DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES OR WHO ARE HOMELESS.          SECTION 4.  Section 51.978(a), Education Code, is amended by   adding Subdivision (3) to read as follows:                (3)  "Students who are homeless" has the meaning   assigned to the term "homeless children and youths" under 42 U.S.C.   Section 11434a and includes students who reside in a student   housing facility maintained by an institution of higher education   during an academic term but who are homeless between academic   terms.          SECTION 5.  Section 51.978(b), Education Code, is amended to   read as follows:          (b)  To be eligible to receive housing assistance from an   institution of higher education under Subsection (c), a student   must:                (1)  be:                      (A)  a student who has [have] been under the   conservatorship of the Department of Family and Protective Services   or its predecessor in function on the day preceding:                            (i) [(A)]  the student's 18th birthday; or                            (ii) [(B)]  the date the student's   disabilities of minority are removed by a court under Chapter 31,   Family Code; or                      (B)  a student who is homeless;                (2)  be enrolled full-time at the institution during   the academic term:                      (A)  for which the student requests the housing   assistance; or                      (B)  immediately preceding the period for which   the student requests the housing assistance;                (3)  be registered or otherwise have taken the actions   required by the institution to permit the student to enroll   full-time at the institution during the academic term immediately   following the period for which the student requests the housing   assistance; and                (4)  lack other reasonable temporary housing   alternatives between the academic terms described by Subdivisions   (2) and (3), as determined by the institution.          SECTION 6.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.9781 to read as follows:          Sec. 51.9781.  PRIORITY ACCESS TO STUDENT HOUSING FOR   STUDENTS WHO ARE HOMELESS. (a) In this section:                (1)  "Institution of higher education" has the meaning   assigned by Section 61.003.                (2)  "Students who are homeless" has the meaning   assigned to the term "homeless children and youths" under 42 U.S.C.   Section 11434a and includes students who reside in a student   housing facility maintained by an institution of higher education   during an academic term but who are homeless between academic   terms.          (b)  An institution of higher education that maintains   student housing facilities shall give priority in the assignment of   housing in those facilities to students who are homeless.          SECTION 7.  Section 61.0908, Education Code, is amended to   read as follows:          Sec. 61.0908.  DESIGNATION OF LIAISON OFFICER TO ASSIST   STUDENTS WHO WERE [FORMERLY] IN FOSTER CARE OR WHO ARE HOMELESS.   (a) In this section, "students who are homeless" has the meaning   assigned to the term "homeless children and youths" under 42 U.S.C.   Section 11434a and includes students who reside in a student   housing facility maintained by an institution of higher education   during an academic term but who are homeless between academic   terms.          (b)  The board shall designate at least one employee of the   board to act as a liaison officer for the following current and   incoming students at institutions of higher education:                (1)  students who were [formerly] in the   conservatorship of the Department of Family and Protective   Services; and                (2)  students who are homeless.          (c)  The liaison officer shall assist in coordinating   college readiness and student success efforts relating to [those]   students described by Subsection (b).          (d)  The board shall establish policies and procedures to   ensure that a liaison officer designated under this section to   serve students who are homeless participates in a professional   development program under 42 U.S.C. Section 11432(d)(5).          SECTION 8.  Section 61.0909, Education Code, is amended to   read as follows:          Sec. 61.0909.  MEMORANDUM OF UNDERSTANDING REGARDING   EXCHANGE OF INFORMATION FOR STUDENTS WHO WERE [FORMERLY] IN FOSTER   CARE OR WHO ARE HOMELESS. (a)  In this section:                (1)  "Agency" means the Texas Education Agency.                (2)  "Department"[, "department"] means the Department   of Family and Protective Services.                (3)  "Students who are homeless" has the meaning   assigned to the term "homeless children and youths" under 42 U.S.C.   Section 11434a and includes students who reside in a student   housing facility maintained by an institution of higher education   during an academic term but who are homeless between academic   terms.          (b)  The board, the agency, and the department shall enter   into a memorandum of understanding regarding the exchange of   information as appropriate to facilitate:                (1)  the department's evaluation of educational   outcomes of students at institutions of higher education who were   [formerly] in the conservatorship of the department; and                (2)  the agency's evaluation of educational outcomes at   institutions of higher education of students who are homeless.          (b-1)  The memorandum of understanding must require:                (1)  the department to provide the board each year with   demographic information regarding individual students enrolled at   institutions of higher education who were [formerly] in the   conservatorship of the department following an adversarial hearing   under Section 262.201, Family Code;                (2)  the agency to provide the board each year with   demographic information regarding individual students who are   homeless and who are enrolled at an institution of higher   education; and                (3) [(2)]  the board, in a manner consistent with   federal law, to provide:                      (A)  the department with aggregate information   regarding educational outcomes of students for whom the board   received demographic information under Subdivision (1); and                      (B)  the agency with aggregate information   regarding educational outcomes of students for whom the board   received demographic information under Subdivision (2).          (c)  For purposes of Subsection (b-1)(3) [(b)(2)],   information regarding educational outcomes includes information   relating to student academic achievement, graduation rates,   attendance, and other educational outcomes as determined by the   board, the agency, and the department.          (d)  The department or the agency may authorize the board to   provide education research centers established under Section 1.005   with demographic information regarding individual students   received by the board in accordance with Subsections (b-1)(1) and   (2) [Subsection (b)(1)], as appropriate to allow the centers to   perform additional analysis regarding educational outcomes of   students who were in the conservatorship of the department and of   students who are homeless [foster care]. Any use of information   regarding individual students provided to a center under this   subsection must be approved by the department or the agency, as   applicable.          (e)  This [Nothing in this] section may not be construed to:                (1)  require the board, the agency, or the department   to collect or maintain additional information regarding students   who were [formerly] in the conservatorship of the department or   students who are homeless; or                (2)  allow the release of information regarding an   individual student in a manner not permitted under the Family   Educational Rights and Privacy Act of 1974 (20 U.S.C. Section   1232g) or another state or federal law.          SECTION 9.  (a)  As soon as practicable after the effective   date of this Act, the Texas Higher Education Coordinating Board   shall adopt rules and establish policies and procedures as required   by Section 51.9356, Education Code, as amended by this Act.          (b)  As soon as practicable after the effective date of this   Act, the Texas Higher Education Coordinating Board shall establish   policies and procedures as required by Section 61.0908, Education   Code, as amended by this Act.          (c)  Not later than January 1, 2026, the Texas Higher   Education Coordinating Board shall designate a liaison officer as   required by Section 61.0908, Education Code, as amended by this   Act.          (d)  Not later than March 1, 2026, the Texas Higher Education   Coordinating Board, the Department of Family and Protective   Services, and the Texas Education Agency shall enter into the   memorandum of understanding as required by Section 61.0909,   Education Code, as amended by this Act.          SECTION 10.  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, 2025.