Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

H. Post-Secondary Opportunities

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; or

◦   at age 14 or older on or after June 1, 2016, and subsequently exited DFPS's permanent managing conservatorship to a parent's legal responsibility (a parent means a biological parent, an adoptive parent, or a parent whose parental rights have been terminated); or

◦   at age 16 or older on or after June 1, 2016, and subsequently exited DFPS's temporary managing conservatorship to a parent's legal responsibility (a parent means a biological parent, an adoptive parent, or a parent whose parental rights have been terminated); 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).

Additional criteria for youth to qualify for the tuition and fee waiver:

•   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 Texas Higher Education Coordinating Board (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).

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).

3. Education Training Voucher (ETV) and Other Programs

Under the John H. Chaffee Foster Care Independence Program, eligible youth ages 16 up to age 23 are entitled to up to $5,000 an academic school year for no more than five years consecutive or non-consecutive (15 semesters in Texas) to cover education-related expenses from the federal ETV program.^[228] 42 U.S.C. § 677.

Students must meet one of these criteria:

•   Have a high school diploma or GED or be exempt from required school attendance; or

•   The student is enrolled in a dual-credit course or other course at an institution of higher education for which the student will earn a high school diploma and college credit.

To be eligible for the ETV Program a youth or young adult must:

•   be at least 16 and in DFPS foster care, or are in extended foster care; or

•   have aged out of DFPS foster care or were legally emancipated by a court while in DFPS foster care and are not yet age 23; or

•   have been adopted from DFPS foster care after turning age 16 and not yet age 23; or

•   have entered the Permanency Care Assistance (PCA) program after turning age 16 and are not yet age 23.

Other Eligible Students include:

•   Youth placed in the custody of the Texas Juvenile Justice Department or under the jurisdiction of a local juvenile probation department who were receiving Title IV-E foster care payments the day before turning age 18 and are not yet age 23; or

•   Tribal youth or young adults in tribal foster care who are not yet age 23.

For more details about the DFPS Education and Training Voucher program, see the following resources:

•   CPS Policy Handbook §§ 10320-10328[229]

•   DFPS Education and Training Voucher web page[230]

For more general information about the Preparation for Adult Living services, Education and Training Voucher program and other higher education resources, see the DFPS Transitional Living Services webpage.^[231]

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 must 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.