SB186 - Relating to the establishment of the Texas Students with Disabilities Scholarship Program for certain students at public institutions of higher education.

  89R3003 MM-F     By: Menéndez S.B. No. 186       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Texas Students with   Disabilities Scholarship Program for certain students at public   institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 56, Education Code, is amended by adding   Subchapter U to read as follows:   SUBCHAPTER U. TEXAS STUDENTS WITH DISABILITIES SCHOLARSHIP PROGRAM           Sec. 56.541.  DEFINITIONS. In this subchapter:                 (1)     "Coordinating board" means the Texas Higher   Education Coordinating Board.                 (2)     "Program"   means the Texas Students with   Disabilities Scholarship Program established under this   subchapter.           Sec.   56.542.     PROGRAM PURPOSE. The purpose of the Texas   Students with Disabilities Scholarship Program is to provide   assistance in the payment of tuition and mandatory fees to enable   eligible students to attend institutions of higher education.           Sec.   56.543.     ADMINISTRATION OF PROGRAM; AWARD OF   SCHOLARSHIP. (a) The coordinating board shall administer the   program and adopt any rules necessary to implement the program or   this subchapter. The coordinating board shall consult with the   student financial aid officers of institutions of higher education   and a representative from at least one of the University Centers for   Excellence in Developmental Disabilities in this state in   developing the rules.           (b)     The coordinating board shall award a scholarship to each   eligible student under the program, as provided by Section 56.547.           (c)     The coordinating board by rule shall develop a   disability affidavit form that may be used to establish that a   student has a disability for purposes of Section 56.544(a)(6) based   on a diagnosis by a licensed physician or other documentation   determined appropriate by the coordinating board. In developing   the disability affidavit form in a manner that ensures the form   properly verifies that a person has a disability, the coordinating   board shall consult with:                 (1)     at least one University Centers for Excellence in   Developmental Disabilities program in this state; or                 (2)     a statewide, cross-disability advocacy   organization.           (d)     The coordinating board may use any available revenue,   including legislative appropriations, and may solicit and accept   gifts, grants, and donations from any public or private source for   the purposes of this subchapter.           Sec.   56.544.     INITIAL ELIGIBILITY FOR SCHOLARSHIP. (a) To   be eligible initially for a scholarship under the program, a person   must:                 (1)     be a resident of this state as determined by   coordinating board rules;                 (2)     be enrolled in an associate or baccalaureate   degree or certificate program at an institution of higher   education;                 (3)     be enrolled as an entering student for at least   one-quarter of a full course load for an entering student in the   associate or baccalaureate degree or certificate program, as   determined by the coordinating board;                 (4)     have applied for any available financial aid or   assistance;                 (5)     comply with any additional nonacademic or   nonfinancial requirement adopted by the coordinating board under   this subchapter; and                 (6)  establish that the person has a disability by:                       (A)  providing proof that the person:                             (i)     is a person with a disability as defined   by 42 U.S.C. Section 12102;                             (ii)     receives Supplemental Security Income   (SSI) benefits under 42 U.S.C. Section 1381 et seq. on the basis of   disability or blindness;                             (iii)     receives Social Security Disability   Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq.; or                             (iv)     qualifies for or is receiving   vocational rehabilitation services provided through the Texas   Workforce Commission; or                       (B)     if the student is unable to provide proof in   accordance with Paragraph (A), completing a disability affidavit   form developed in accordance with Section 56.543(c).           (b)     A person is not eligible to receive a scholarship under   the program if the person has been convicted of a felony or an   offense under Chapter 481, Health and Safety Code (Texas Controlled   Substances Act), or under the law of another jurisdiction involving   a controlled substance as defined by Chapter 481, Health and Safety   Code, unless the person has met the other applicable eligibility   requirements under the program and has:                 (1)     received a certificate of discharge by the Texas   Department of Criminal Justice or a correctional facility or   completed a period of probation ordered by a court, and at least two   years have elapsed from the date of the receipt or completion; or                 (2)     been pardoned, had the record of the offense   expunged from the person's record, or otherwise been released from   the resulting ineligibility to receive a scholarship under the   program.           (c)     A person is not eligible to receive a scholarship under   the program if the person has completed more than the following   number of semester credit hours or the equivalent at an institution   of higher education, excluding semester credit hours or the   equivalent earned for a dual credit course:                 (1)     90 semester credit hours or the equivalent, if the   person is enrolled in a degree or certificate program of two years   or less; or                 (2)     135 semester credit hours or the equivalent, if   the person is enrolled in a degree or certificate program of more   than two years.           (d)     A person may not receive a scholarship under the program   for more than:                 (1)     75 semester credit hours or the equivalent, if the   person is enrolled in a degree or certificate program of two years   or less; or                 (2)     150 semester credit hours or the equivalent, if   the person is enrolled in a degree or certificate program of more   than two years.           (e)     A person's eligibility for a scholarship under the   program ends on:                 (1)     the fourth anniversary of the initial award of a   scholarship under the program to the person, if the person is   enrolled in a degree or certificate program of two years or less;                 (2)     the sixth anniversary of the initial award of a   scholarship under the program to the person, if the person is   enrolled in a degree or certificate program of more than two years   but not more than four years; or                 (3)     the eighth anniversary of the initial award of a   scholarship under the program to the person, if the person is   enrolled in a degree or certificate program of more than four years.           Sec.   56.545.     CONTINUING ELIGIBILITY AND ACADEMIC   PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a   scholarship under the program, a person may continue to receive a   scholarship under the program during each semester or term in which   the person is enrolled at an institution of higher education only if   the person:                 (1)     is enrolled in an associate or baccalaureate   degree or certificate program at an institution of higher   education;                 (2)     is enrolled for at least one-quarter of a full   course load for a student in an associate or baccalaureate degree or   certificate program, as determined by the coordinating board;                 (3)     makes satisfactory academic progress toward an   associate or baccalaureate degree or certificate; and                 (4)     complies with any additional nonacademic or   nonfinancial requirement adopted by the coordinating board.           (b)     A person is not eligible to continue to receive a   scholarship under this section if the person has been convicted of a   felony or an offense under Chapter 481, Health and Safety Code   (Texas Controlled Substances Act), or under the law of another   jurisdiction involving a controlled substance as defined by Chapter   481, Health and Safety Code, unless the person has met the other   applicable eligibility requirements under this subchapter and has:                 (1)     received a certificate of discharge by the Texas   Department of Criminal Justice or a correctional facility or   completed a period of probation ordered by a court, and at least two   years have elapsed from the date of the receipt or completion; or                 (2)     been pardoned, had the record of the offense   expunged from the person's record, or otherwise been released from   the resulting ineligibility to receive a scholarship under the   program.           (c)     If a person fails to meet any of the requirements of   Subsection (a) after the completion of any semester or term, the   person may not receive a scholarship under the program during the   next semester or term in which the person enrolls. A person may   become eligible to receive a scholarship under the program in a   subsequent semester or term if the person:                 (1)     completes a semester or term during which the   person is not eligible for a scholarship; and                 (2)  meets all the requirements of Subsection (a).           (d)     For the purpose of this section, a person makes   satisfactory academic progress toward an associate or   baccalaureate degree or certificate only if:                 (1)     in the person's first academic year, the person   meets the satisfactory academic progress requirements of the   institution at which the person is enrolled; and                 (2)     in the subsequent academic year, the person   completes at least 25 percent of the semester credit hours or the   equivalent attempted in the person's most recent academic year.           (e)     A person who is eligible to receive a scholarship under   the program continues to remain eligible to receive the scholarship   if [Text truncated for display. 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