Special Issue: During hearings involving middle and high school students in foster care, courts may inquire about the youth's post-secondary education goals. If the youth or caregiver is present at the hearing, a court may encourage options, including vocational and technical training, certificate programs, and two and four-year higher education opportunities.
1. Tuition and Fee Waiver
A student is exempt from the payment of tuition and fees charged by a state supported institution of higher education for a dual credit course or other course for which a high school student may earn joint high school and college credit, if the student:
• Was in the conservatorship of DFPS:
◦ on the day preceding the student's 18th birthday; or
◦ on or after the student's 14th birthday, if the student was also eligible for adoption on or after that day; or
◦ on the day the student graduated from high school or received the equivalent of a high school diploma; or
◦ on the day preceding the date the student is adopted or permanent managing conservatorship (PMC) is awarded to a person other than a parent, if that date is on or after September 1, 2009; or
◦ during an academic term in which the student was enrolled in a dual credit course or other course for which a high school student may earn joint high school and college credit; and
• Enrolls in an institution of higher education in Texas as an undergraduate student or in a dual credit course or other course for which a high school student may earn joint high school and college credit not later than the student's 25th birthday. Tex. Educ. Code § 54.366(a).
Notwithstanding Tex. Educ. Code § 54.366(a)(1), a child who exits the conservatorship of DFPS and is returned to the child's parent, including a parent whose parental rights were previously terminated, may be exempt from the payment of tuition and fees if DFPS determines that the child is eligible. Tex. Educ. Code § 54.366(c). Youth age 14 or older in the permanent managing conservatorship (PMC) or youth age 16 or older in the temporary managing conservatorship (TMC) of DFPS on or after June 1, 2016 who subsequently exit conservatorship to the legal responsibility of a parent are eligible for the tuition and fee waiver. 40 Tex. Admin. Code § 700.1630(a). If after exiting the foster care system the youth returns to DFPS conservatorship, the youth's eligibility will be based on their current foster care circumstances. 40 Tex. Admin. Code § 700.1630(b).
A student is also exempt from the payment of tuition and fees if the student was adopted and was the subject of an adoption assistance agreement under Tex. Fam. Code Chapter 162, Subchapter D, that:
• Provided monthly payments and medical assistance benefits; and
• Was not limited to providing only for the reimbursement of nonrecurring expenses, including reasonable and necessary adoption fees, court costs, attorney's fees, and other expenses directly related to the legal adoption of the child. Tex. Educ. Code § 54.367(a).
Note that Tex. Educ. Code § 54.2001(g) specifically states the conditional receipt of the exemptions and waivers does not apply to students who receive the exemption in accordance with Tex. Educ. Code § 54.366 or Tex. Educ. Code § 54.367. Tex. Educ. Code § 54.2001(g)(3).
2. Information about Higher Education
TEA and the THECB must develop outreach programs to ensure that students in the conservatorship of DFPS or adopted students in grades 9-12 are aware of the availability of the exemptions from the payment of tuition and fees. Tex. Educ. Code § 54.366(b) and Tex. Educ. Code § 54.367(b).
TEA must also develop procedures to ensure that a student in substitute care who is in grade 11 or 12 be provided information regarding tuition and fee exemptions under Tex. Educ. Code § 54.366 for dual-credit or other courses provided by a public institution of higher education for which a high school student may earn joint high school and college credit. Tex. Educ. Code § 25.007(b)(13).
Special Issue: Regional Preparation for Adult Living (PAL) staff or the adoption eligibility specialists determine eligibility for the tuition and fee waiver. For more information about informing youth and young adults about the waiver, see the CPS Policy Handbook § 10300.
In coordination with DFPS, each school district must facilitate the transition of each child enrolled in the district who is eligible for a tuition and fee waiver under Tex. Educ. Code § 54.366, and who is likely to be in the conservatorship of DFPS on the day preceding the child's 18th birthday to an institution of higher education by:
• Assisting the child with the completion of any applications for admission or financial aid;
• Arranging and accompanying the child on campus visits;
• Assisting the child in researching and applying for private or institution-sponsored scholarships;
• Identifying whether the child is a candidate for appointment to a military academy;
• Assisting the child in registering and preparing for college entrance examinations, including, subject to the availability of funds, arranging for the payment of any examination fees by the department; and
• Coordinating contact between the child and a liaison officer designated under Tex. Educ. Code § 61.0908 for students formerly in DFPS conservatorship. Tex. Fam. Code § 264.1212(c).
Special Issue: To encourage post-secondary success, it is important for the court, attorneys ad litem, schools, caseworkers, and others to explain the tuition and fee waiver and other benefits to assist youth with their successful transition out of foster care. Two great resource for youth in care are the websites for the Texas Youth Helpline and Preparation for Adult Living .
3. Education Training Voucher (ETV) and Other Programs
Under the John H. Chaffee Foster Care Independence Program, eligible youth are entitled to up to $5,000 a year to cover education-related expenses from the federal ETV program.[196] 42 U.S.C. § 677. For more details about the DFPS Preparation for Adult Living services and other higher education resources, see the DFPS Transitional Living Services webpage.[197]
4. Liaisons at the THECB and Institutions of Higher Education
Each institution of higher education, as defined by Tex. Educ. Code § 61.003, must designate at least one employee of the institution to act as a liaison officer for current and incoming students at the institution who are or were formerly in the conservatorship of DFPS. Tex. Educ. Code § 51.9356(b). The liaison officer shall provide to those students information regarding support services and other resources available to the students at the institution and any other relevant information to assist the students. Tex. Educ. Code § 51.9356(d).
The THECB shall designate at least one employee of the board to act as a liaison officer for current and incoming students at institutions of higher education who were formerly in the conservatorship of DFPS. The liaison officer shall assist in coordinating college readiness and student success efforts relating to those students. Tex. Educ. Code § 61.0908.
Special Issue: The THECB maintains a Foster Care Liaison List with contact information for designated liaisons at Texas institutions of higher education.