(a) Purpose. This rule provides an opportunity for qualified Texas Juvenile Justice Department (TJJD) youth on parole to receive financial assistance from TJJD, subject to availability of funds, to enroll in community colleges or technical schools in Texas.
(b) Applicability. This rule applies only to financial assistance provided by TJJD:
  (1) from general revenue funds;
  (2) for community college or technical school courses other than dual-credit high school courses; and
  (3) for youth who are on parole status at the time of enrollment in the community college or technical school course(s).
(c) Eligibility Criteria.
  (1) Academic Criteria. A youth must meet the following academic criteria to be eligible to receive financial assistance from TJJD:
    (A) complete a GED or high school diploma;
    (B) complete the state-required assessment test, unless documented as exempt;
    (C) document that he/she has applied for the Pell Grant and document that those funds will be available for the requested semester; and
    (D) document that all other applicable financial assistance has been applied for and document whether any additional assistance has been approved.
  (2) Behavioral Criteria. A youth must meet the following behavioral criteria to be eligible to receive financial assistance from TJJD:
    (A) have no major rule violations within the previous 60 days, as confirmed in a Level I or II due process hearing; and
    (B) adhere to requirements outlined in his/her individual case plan, conditions of placement, and/or conditions of parole, as applicable.
  (3) Programmatic and Other Criteria. A youth must meet the following programmatic and other criteria to be eligible to receive financial assistance from TJJD:
    (A) complete an independent living preparatory program, if required by TJJD; and
    (B) sign a financial assistance agreement with TJJD, which may contain any additional requirements as deemed appropriate by TJJD.
(d) Limitations on Financial Assistance.
  (1) The provision of financial assistance is contingent on the availability of funds. Not all youth who are eligible will receive financial assistance.
  (2) The youth must be under TJJD jurisdiction at the beginning of each semester for which TJJD provides financial assistance.
  (3) Financial assistance may be used only for the following expenses:
    (A) GED testing;
    (B) tuition and fees;
    (C) books;
    (D) technical school expenses such as uniforms or tools; and
    (E) other education-related expenses, as approved on a case-by-case basis by the division director over education services or designee.
  (4) TJJD is the payer of last resort. All other funds, such as Pell Grant funds, must be applied to the cost of tuition, fees, books, and required supplies before TJJD funds are used.
  (5) TJJD funds may not be used to pay for late fees, library fines, parking tickets, or similar expenses.
(e) Requirements for Receiving Continued Financial Assistance.
  (1) TJJD may discontinue financial assistance for any of the following reasons:
    (A) behavior that results in arrest, a TJJD administrative due process hearing, or other disciplinary referral of any type;
    (B) unacceptable academic performance in classes paid with financial assistance, such as a grade point average below 2.0, poor attendance, or unapproved schedule changes; and/or
    (C) failure to provide TJJD with information regarding the youth's attendance, participation, grades, and progress throughout the term of the financial assistance.
  (2) TJJD reviews the youth's eligibility for continued financial assistance following receipt of the youth's grades.

Source Note: The provisions of this §380.9149 adopted to be effective December 31, 1996, 21 TexReg 12184; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639 ; amended to be effective April 15, 2015, 40 TexReg 1976