40 TAC §§700.1611, 700.1613, 700.1615, 700.1617, 700.1619, 700.1621, 700.1623, 700.1625
The Health and Human Services Commission proposes, on behalf
of the Department of Family and Protective Services (DFPS), new §§700.1611,
700.1613, 700.1615, 700.1617, 700.1619, 700.1621, 700.1623, and 700.1625,
concerning the Education and Training Voucher Program, in its Child Protective
Services chapter. Under the federal law,
Promoting
Safe and Stable Families Program Amendments of 2001
, a new program
was created to provide postsecondary educational and training vouchers (ETV)
for certain eligible foster care youth, including those who have aged out
of foster care and those adopted out of foster care at a certain age. This
law amended the Chaffee Foster Care Independence Act, making this new program
subject to federal audit. The ETV Program allows DFPS to expand and supplement
the current assistance provided to eligible former and current foster care
youth and specifically, helps them to begin, continue and/or complete their
educational and vocational goals toward achieving gainful employment and independence.
In April of 2003, Congress appropriated national funding for the ETV Program.
DFPS submitted an application for the Texas state grant on July 30, 2003,
and received $1,416,125 in federal funding for the ETV Program. Over the past
year and a half, program materials, processes and policies have been developed,
implemented, and revised. DFPS is now proposing rules to establish in law
the program eligibility requirements and participant's rights to ensure continued
proper execution of the ETV program into the future.
Cindy Brown, Chief Financial Officer of DFPS, has determined that for the
first five-year period the proposed sections will be in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Ms. Brown also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be that youth eligible for ETV program benefits will be
able to take full advantage of the program. The anticipated results will be
better outcomes for youth in adult living. There will be no effect on large,
small, or micro-businesses because the proposed rules do not impose new requirements
on any business and do not require the purchase of any new equipment or any
increased staff time in order to comply. There is no anticipated economic
cost to persons who are required to comply with the proposed sections.
Questions about the content of the proposal may be directed to Linda Valdez
at (512) 438-3144 in DFPS's Child Protective Services Division. Written comments
on the proposal may be submitted to Texas Register Liaison, Legal Services-313,
Department of Family and Protective Services E-611, P.O. Box 149030, Austin,
Texas 78714-9030, within 30 days of publication in the
Texas Register
.
HHSC has determined that the proposed sections do not restrict or limit
an owner's right to his or her property that would otherwise exist in the
absence of government action and, therefore, do not constitute a taking under §2007.043,
Government Code.
The new sections are proposed under Government Code §531.0055,
which provides that the Health and Human Services Executive Commissioner shall
adopt rules for the operation and provision of services by the health and
human services agencies, including the Department of Family and Protective
Services; Human Resources Code (HRC) §40.021, which provides that the
Family and Protective Services Council shall study and make recommendations
to the executive commissioner and the commissioner regarding rules governing
the delivery of services to persons who are served or regulated by the department;
and HRC, §40.029, which authorizes FPS to propose and adopt rules to
facilitate implementation of Department programs.
The new sections implement recent changes to Title IV-E, §477 of the
Social Security Act (42 U.S.C. 677), known as the Chafee Foster Care Independence
Act.
§700.1611.What is the Education and Training Voucher (ETV) Program?
The Education and Training Voucher (ETV) Program provides financial
assistance to eligible former and current foster care youth in order to support
their pursuit of postsecondary education or vocational training. Funding for
the ETV Program is provided by the federal grant to the state, pursuant to
the amended Chaffee Foster Care Independence Act, 42 U.S.C. 677(i), with required
state match. The existence of the ETV Program is subject to this funding.
§700.1613.Who can be eligible for the ETV Program?
(a)
Youth in one of the following categories can be eligible
to participate in the ETV Program:
(1)
at least 16 years of age and likely to remain in DFPS foster
care until age 18;
(2)
not yet age 21 but aged out of DFPS foster care; or
(3)
not yet age 21 and was adopted from DFPS foster care after
turning age 16.
(b)
If a student is already participating in the ETV Program
when turning age 21, the student may remain eligible for assistance until
age 23, as long as the student is making satisfactory progress toward completion
of postsecondary education or vocational training, as defined by the institution
the student is attending.
§700.1615.What must an eligible youth do to qualify for participation in the ETV Program?
(a)
To qualify for financial assistance under the ETV Program,
an eligible youth must:
(1)
have a high school diploma or equivalent, or at least be
beyond the age of compulsory school attendance (age 18);
(2)
be enrolled in an institution of higher education that
falls within one of the following categories:
(A)
an accredited or pre-accredited, public or nonprofit institution
that provides a bachelor's degree or not less than a two-year program that
provides credit towards a degree or certification;
(B)
an accredited or pre-accredited, public or nonprofit institution
that provides not less than a one-year program of training to prepare students
for gainful employment in a recognized occupation; or
(C)
an accredited or pre-accredited, public or nonprofit institution,
or a private institution, that has been in existence for at least two years
and that provides a program of training to prepare students for gainful employment
in a recognized occupation; and
(3)
complete and file an application and required documentation
with the ETV coordinator.
(b)
If denied eligibility, DFPS notifies the applicant in writing
of the reason(s) for the denial, and of the right to appeal the denial, as
defined in §700.1625 of this title (relating to Can a student appeal
a denial of eligibility, or a suspension, or termination of benefits?).
§700.1617.How much financial assistance may an eligible youth receive under the ETV Program?
The total annual amount of financial assistance that an eligible youth
may receive from the ETV Program is determined by the following criteria:
(1)
The amount of financial assistance is limited to the lesser
of $5,000 or the total cost of attendance, as defined in §472 of the
federal Higher Education Act of 1965 (20 USCS 1087ll).
(2)
The amount of educational assistance to a student under
the ETV Program and any other federal or federally supported program must
not exceed the total cost of attendance, as defined in §472 of the federal
Higher Education Act of 1965.
(3)
Financial assistance provided under the ETV Program cannot
duplicate benefits provided under any other federal or federally supported
program.
(4)
If a student is eligible for the state exemption from payment
of tuition and fees, under Texas Education Code §54.211 or §54.2111,
and is attending an institution where that exemption applies, the student
may not receive financial assistance under the ETV Program for the cost of
tuition and fees.
§700.1619.What types of expenses are included in the cost of attendance for which ETV funds can be used?
ETV funds can be used to pay for the cost of attendance, as that term
is defined in §472 of the federal Higher Education Act of 1965, which
includes the following:
(1)
tuition and fees (for schools/programs that do not qualify
for the state tuition/fee waiver);
(2)
rental or purchase of required equipment, materials, books,
supplies, computer;
(3)
room and board allowance;
(4)
reasonable costs associated with child care for a student's
dependents;
(5)
costs associated with special study projects, such as field
work or an internship;
(6)
reasonable transportation and personal expenses associated
with school/program attendance; and
(7)
required special services for students who have a disability.
§700.1621.After a student is initially determined eligible for the ETV Program, are there other requirements the student must meet?
(a)
Yes; to remain eligible for the ETV Program, the student
must:
(1)
maintain satisfactory progress toward completion of postsecondary
education or vocational training, as defined by the institution the student
is attending; and
(2)
submit documentation to establish that minimum enrollment
requirements are met and that satisfactory progress, referred to in paragraph
(1) of this subsection, is being made.
(b)
A student's failure to meet the requirements of subsection
(a) of this section may result in suspension of continued benefits under the
ETV Program. DFPS sends the student written notice of the reason(s) for suspension
of ETV benefits, and the student's right to appeal, as defined in §700.1625
of this title (relating to Can a student appeal a denial of eligibility, or
a suspension, or termination of benefits?).
§700.1623.When does a student lose the right to continue receiving benefits under the ETV Program?
A student's benefits under the ETV Program may be terminated when DFPS
discovers that any of the following events has occurred:
(1)
the student falsified information in the application for
benefits, or in providing required documentation to maintain eligibility for
the ETV Program;
(2)
the student has used ETV funds for expenses unrelated to
the cost of attendance, as defined in §472 of the federal Higher Education
Act of 1965, or falsified documentation in accounting for expenditures;
(3)
the student is no longer attending the program for which
financial assistance has been provided; or
(4)
the student reaches the age of ineligibility, as defined
in §700.1613 of this title (relating to Who can be eligible for the ETV
Program?).
§700.1625.Can a student appeal a denial of eligibility, or a suspension, or termination of benefits?
(a)
Yes, but the student must file a timely written request
to appeal the decision in a fair hearing, as defined in §700.310 of this
title (relating to Fair Hearings).
(b)
DFPS sends a student written notice when denied the right
to participate in the ETV Program, or when benefits are to be suspended or
terminated after the student has been determined eligible. The written notice
must state the specific reason(s) for denial, suspension, or termination and
must inform the student of the right to make a written request, within 90
days of receipt of the notice, to appeal the decision in a fair hearing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 1, 2005.
TRD-200502225
Gerry Williams
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: July 17, 2005
For further information, please call: (512) 438-3437