Texas 2009 - 81st Regular

Texas House Bill HB3790 Compare Versions

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1	1	By: Morrison (Senate Sponsor - Shapiro) H.B. No. 3790
2	2	(In the Senate - Received from the House May 15, 2009;
3	3	May 21, 2009, read first time and referred to Committee on Higher
4	4	Education; May 25, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 4, Nays 0;
6	6	May 25, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 3790 By: Duncan
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to performance incentive funding for public institutions
13	13	of higher education and to recognition of certain student
14	14	achievement on degree completion.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 61, Education Code, is amended by adding
17	17	Subchapter FF to read as follows:
18	18	SUBCHAPTER FF. PERFORMANCE INCENTIVE FUNDING
19	19	Sec. 61.9801. PERFORMANCE INCENTIVE FUNDING FOR CERTAIN
20	20	GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) This section applies
21	21	only to general academic teaching institutions other than public
22	22	state colleges.
23	23	(b) In this section:
24	24	(1) "Advanced degree" means a graduate or professional
25	25	degree for which a baccalaureate degree is usually required as a
26	26	prerequisite to admission into the degree program.
27	27	(2) "At-risk student" means an undergraduate student
28	28	of an institution to which this section applies:
29	29	(A) whose score on the Scholastic Assessment Test
30	30	(SAT) or the American College Test (ACT) is less than the national
31	31	mean score of students' scores on that test;
32	32	(B) who has been awarded a grant under the
33	33	federal Pell Grant program;
34	34	(C) who was 20 years of age or older on the date
35	35	the student initially enrolled in the institution;
36	36	(D) who initially enrolled in the institution for
37	37	less than 12 semester credit hours during a fall or spring semester;
38	38	(E) who did not receive a high school diploma but
39	39	received a high school equivalency certificate;
40	40	(F) who may not be claimed by any other person as
41	41	a dependent for federal income tax purposes but may claim at least
42	42	one other person as a dependent for federal income tax purposes; or
43	43	(G) who is a single parent.
44	44	(3) "Critical field" means a field of study designated
45	45	as a critical field under Subsection (c).
46	46	(c) Except as otherwise provided under Subdivision (2), the
47	47	fields of engineering, computer science, mathematics, physical
48	48	science, allied health, nursing, and teaching certification in the
49	49	field of science or mathematics are critical fields. Beginning
50	50	September 1, 2011, the board, based on the board's determination of
51	51	those fields of study in which the support and development of
52	52	postsecondary education programs at the bachelor's degree or
53	53	advanced degree level are most critically necessary for serving the
54	54	needs of this state, by rule may:
55	55	(1) designate as a critical field a field of study that
56	56	is not currently designated by this subsection or by the board as a
57	57	critical field; or
58	58	(2) remove a field of study from the list of fields
59	59	currently designated by this subsection or by the board as critical
60	60	fields.
61	61	(d) For each state fiscal year, the board shall distribute
62	62	any performance incentive funds appropriated by the legislature for
63	63	the purposes of this section, and any other funds made available for
64	64	the purposes of this section, to institutions to which this section
65	65	applies as follows:
66	66	(1) 50 percent in proportion to the increase, if any,
67	67	in the average number of degrees awarded annually by each
68	68	institution in the two most recent fiscal years from the average
69	69	number of degrees awarded annually by that institution in the two
70	70	fiscal years immediately preceding those fiscal years, using the
71	71	weights assigned to each degree under the table prescribed by
72	72	Subsection (e); and
73	73	(2) the remaining 50 percent in proportion to the
74	74	average number of degrees awarded annually by each institution in
75	75	the three most recent fiscal years, using the weights assigned to
76	76	each degree under the table prescribed by Subsection (e).
77	77	(e) A number of points is assigned for each degree awarded
78	78	by an eligible institution, other than a degree awarded to an
79	79	international student, according to the following table:
80	80	POINTS POINTS
81	81	POINTS
82	82	Noncritical Field/Not At-Risk Student 1.0 Noncritical Field/Not At-Risk Student 1.0
83	83	Noncritical Field/Not At-Risk Student 1.0
84	84	Noncritical Field/At-Risk Student 2.0 Noncritical Field/At-Risk Student 2.0
85	85	Noncritical Field/At-Risk Student 2.0
86	86	Critical Field/Not At-Risk Student 2.0 Critical Field/Not At-Risk Student 2.0
87	87	Critical Field/Not At-Risk Student 2.0
88	88	Critical Field/At-Risk Student 3.0 Critical Field/At-Risk Student 3.0
89	89	Critical Field/At-Risk Student 3.0
90	90	Sec. 61.9802. PERFORMANCE INCENTIVE FUNDING FOR PUBLIC
91	91	JUNIOR COLLEGES, PUBLIC TECHNICAL INSTITUTES, AND PUBLIC STATE
92	92	COLLEGES. (a) This section applies only to the following
93	93	institutions of higher education:
94	94	(1) public junior colleges;
95	95	(2) public technical institutes; and
96	96	(3) public state colleges.
97	97	(b) In this section:
98	98	(1) "At-risk student" means a student of an
99	99	institution to which this section applies:
100	100	(A) who graduated from high school with a
101	101	cumulative grade point average of less than 2.5 on a four-point
102	102	scale or the equivalent;
103	103	(B) who has been awarded a grant under the
104	104	federal Pell Grant program;
105	105	(C) who was 20 years of age or older on the date
106	106	the student enrolled in the institution for the first time;
107	107	(D) who initially enrolled in the institution for
108	108	less than 12 semester credit hours during a fall or spring semester;
109	109	(E) who did not receive a high school diploma but
110	110	received a high school equivalency certificate;
111	111	(F) who may not be claimed by any other person as
112	112	a dependent for federal income tax purposes but may claim at least
113	113	one other person as a dependent for federal income tax purposes; or
114	114	(G) who is a single parent.
115	115	(2) "Critical field" means a field of study designated
116	116	as a critical field under Subsection (c).
117	117	(c) Except as otherwise provided under Subdivision (2), the
118	118	fields of engineering technology, computer science, mathematics,
119	119	physical science, allied health, and nursing are critical fields.
120	120	Beginning September 1, 2011, the board, based on the board's
121	121	determination of those fields of study in which the support and
122	122	development of postsecondary education programs at the
123	123	lower-division level are most critically necessary for serving the
124	124	needs of this state, by rule may:
125	125	(1) designate as a critical field a field of study that
126	126	is not currently designated by this subsection or by the board as a
127	127	critical field; or
128	128	(2) remove a field of study from the list of fields
129	129	currently designated by this subsection or by the board as critical
130	130	fields.
131	131	(d) For each state fiscal year, the board shall distribute
132	132	any performance incentive funds appropriated by the legislature for
133	133	the purposes of this section, and any other funds made available for
134	134	the purposes of this section, to institutions to which this section
135	135	applies as follows:
136	136	(1) 50 percent in proportion to the increase, if any,
137	137	in the average number of student transfers described by Subsection
138	138	(g) from each institution that occur each year plus the average
139	139	number of degrees and certificates awarded annually by the
140	140	institution in the two most recent fiscal years from the average
141	141	number of student transfers described by Subsection (g) from the
142	142	institution that occur each year plus the average number of degrees
143	143	and certificates awarded annually by the institution in the two
144	144	fiscal years immediately preceding those fiscal years, using the
145	145	weights assigned to each student transfer or degree or certificate
146	146	under the table prescribed by Subsection (h); and
147	147	(2) the remaining 50 percent in proportion to the
148	148	average number of student transfers described by Subsection (g)
149	149	from each institution that occur each year plus the average number
150	150	of degrees and certificates awarded annually by the institution in
151	151	the three most recent fiscal years, using the weights assigned to
152	152	each student transfer or degree or certificate under the table
153	153	prescribed by Subsection (h).
154	154	(e) Points may not be assigned under Subsection (h) for any:
155	155	(1) certificate awarded in a Level 1 certificate
156	156	program that the board determines does not merit funding under this
157	157	section; or
158	158	(2) degree or certificate awarded to an international
159	159	student.
160	160	(f) Points may not be assigned under Subsection (h) for both
161	161	a student's certificate or degree and the student's transfer.
162	162	Points must be assigned for the student only in the category under
163	163	Subsection (h) in which the highest number of points will be
164	164	assigned for the student.
165	165	(g) Points may be assigned for a student transfer under
166	166	Subsection (h) only for a student of the institution who completed
167	167	at least 30 but not more than 70 semester credit hours at the
168	168	institution with a grade point average of at least 2.5 on a
169	169	four-point scale or the equivalent before transferring to a general
170	170	academic teaching institution other than a public state college.
171	171	(h) A number of points is assigned for each degree awarded
172	172	or student transfer by an eligible institution according to the
173	173	following table:
174	174	POINTS POINTS
175	175	POINTS
176	176	Level 1 Certificate/Noncritical Field/Not 1.0 Level 1 Certificate/Noncritical Field/Not 1.0
177	177	Level 1 Certificate/Noncritical Field/Not 1.0
178	178	At-Risk Student 1.0 At-Risk Student 1.0
179	179	At-Risk Student 1.0
180	180	Level 1 Certificate/Noncritical 1.5 Level 1 Certificate/Noncritical 1.5
181	181	Level 1 Certificate/Noncritical 1.5
182	182	Field/At-Risk Student 1.5 Field/At-Risk Student 1.5
183	183	Field/At-Risk Student 1.5
184	184	Level 1 Certificate/Critical Field/Not 1.5 Level 1 Certificate/Critical Field/Not 1.5
185	185	Level 1 Certificate/Critical Field/Not 1.5
186	186	At-Risk Student 1.5 At-Risk Student 1.5
187	187	At-Risk Student 1.5
188	188	Level 1 Certificate/Critical Field/At-Risk 2.0 Level 1 Certificate/Critical Field/At-Risk 2.0
189	189	Level 1 Certificate/Critical Field/At-Risk 2.0
190	190	Student 2.0 Student 2.0
191	191	Student 2.0
192	192	Level 2 Certificate/Noncritical Field/Not 1.5 Level 2 Certificate/Noncritical Field/Not 1.5
193	193	Level 2 Certificate/Noncritical Field/Not 1.5
194	194	At-Risk Student 1.5 At-Risk Student 1.5
195	195	At-Risk Student 1.5
196	196	Level 2 Certificate/Noncritical 2.0 Level 2 Certificate/Noncritical 2.0
197	197	Level 2 Certificate/Noncritical 2.0
198	198	Field/At-Risk Student 2.0 Field/At-Risk Student 2.0
199	199	Field/At-Risk Student 2.0
200	200	Level 2 Certificate/Critical Field/Not 2.0 Level 2 Certificate/Critical Field/Not 2.0
201	201	Level 2 Certificate/Critical Field/Not 2.0
202	202	At-Risk Student 2.0 At-Risk Student 2.0
203	203	At-Risk Student 2.0
204	204	Level 2 Certificate/Critical Field/At-Risk 2.5 Level 2 Certificate/Critical Field/At-Risk 2.5
205	205	Level 2 Certificate/Critical Field/At-Risk 2.5
206	206	Student 2.5 Student 2.5
207	207	Student 2.5
208	208	Associate's Degree/Noncritical Field/Not 2.0 Associate's Degree/Noncritical Field/Not 2.0
209	209	Associate's Degree/Noncritical Field/Not 2.0
210	210	At-Risk Student 2.0 At-Risk Student 2.0
211	211	At-Risk Student 2.0
212	212	Associate's Degree/Noncritical Field/At-Risk 2.5 Associate's Degree/Noncritical Field/At-Risk 2.5
213	213	Associate's Degree/Noncritical Field/At-Risk 2.5
214	214	Student 2.5 Student 2.5
215	215	Student 2.5
216	216	Associate's Degree/Critical Field/Not 2.5 Associate's Degree/Critical Field/Not 2.5
217	217	Associate's Degree/Critical Field/Not 2.5
218	218	At-Risk Student 2.5 At-Risk Student 2.5
219	219	At-Risk Student 2.5
220	220	Associate's Degree/Critical Field/At-Risk 3.0 Associate's Degree/Critical Field/At-Risk 3.0
221	221	Associate's Degree/Critical Field/At-Risk 3.0
222	222	Student 3.0 Student 3.0
223	223	Student 3.0
224	224	Student Transfer 2.0 Student Transfer 2.0
225	225	Student Transfer 2.0
226	226	Sec. 61.9803. PERFORMANCE INCENTIVE FUNDING FOR MEDICAL AND
227	227	DENTAL UNITS. (a) This section applies only to medical and dental
228	228	units.
229	229	(b) For each state fiscal year, the board shall distribute
230	230	any performance incentive funds appropriated by the legislature for
231	231	the purposes of this section, and any other funds made available for
232	232	the purposes of this section, to institutions to which this section
233	233	applies as follows:
234	234	(1) 50 percent in proportion to the increase, if any,
235	235	in the average number of degrees and certificates awarded by, and
236	236	medical residencies completed at, each institution annually in the
237	237	two most recent fiscal years from the average number of degrees and
238	238	certificates awarded by, and medical residencies completed at, that
239	239	institution annually in the two fiscal years immediately preceding
240	240	those fiscal years, using the weights assigned to each degree,
241	241	certificate, or medical residency completion under the table
242	242	prescribed by Subsection (c); and
243	243	(2) the remaining 50 percent in proportion to the
244	244	average number of degrees and certificates awarded by, and medical
245	245	residencies completed at, each institution annually in the three
246	246	most recent fiscal years, using the weights assigned to each
247	247	degree, certificate, or medical residency completion under the
248	248	table prescribed by Subsection (c).
249	249	(c) A number of points is assigned for each degree or
250	250	certificate awarded by, or medical residency completed at, an
251	251	eligible institution, other than a degree or certificate awarded to
252	252	or a medical residency completed by an international student,
253	253	according to the following table:
254	254	TYPE OF DEGREE OR CERTIFICATE POINTS TYPE OF DEGREE OR CERTIFICATE POINTS
255	255	TYPE OF DEGREE OR CERTIFICATE POINTS
256	256	Certificate requiring 30-60 Semester Credit Hours 0.5 Certificate requiring 30-60 Semester Credit Hours 0.5
257	257	Certificate requiring 30-60 Semester Credit Hours 0.5
258	258	Bachelor's or Master's 1.0 Bachelor's or Master's 1.0
259	259	Bachelor's or Master's 1.0
260	260	Doctoral following a Master's 1.0 Doctoral following a Master's 1.0
261	261	Doctoral following a Master's 1.0
262	262	Doctoral following a Bachelor's 2.0 Doctoral following a Bachelor's 2.0
263	263	Doctoral following a Bachelor's 2.0
264	264	Medical or Dental 2.0 Medical or Dental 2.0
265	265	Medical or Dental 2.0
266	266	Completed Medical Residency 2.0 Completed Medical Residency 2.0
267	267	Completed Medical Residency 2.0
268	268	Sec. 61.9804. RULES. The board shall adopt rules for the
269	269	administration of this subchapter.
270	270	Sec. 61.9805. REPORT TO BOARD AND LEGISLATURE BY EDUCATION
271	271	RESEARCH CENTER REGARDING EVALUATION OF POINT ASSIGNMENTS. Each
272	272	state fiscal biennium, the board shall provide for the evaluation
273	273	by an education research center established under Section 1.005 of
274	274	the points assigned under Sections 61.9801, 61.9802, and 61.9803.
275	275	Not later than June 1 of each even-numbered year, the education
276	276	research center shall submit to the board and the legislature a
277	277	written report regarding the center's evaluation under this
278	278	section, including any recommendations for changes to the points
279	279	assigned under those sections.
280	280	Sec. 61.9806. FEASIBILITY STUDY REGARDING DISTRIBUTION OF
281	281	INCENTIVE FUNDS BASED ON STUDENT ACHIEVEMENT DATA; REPORT. (a) The
282	282	board shall conduct a study to determine the feasibility of using
283	283	student achievement data as criteria for the distribution of
284	284	incentive funds to institutions of higher education. The board's
285	285	study may include an evaluation of:
286	286	(1) the types of student achievement data available;
287	287	(2) differences in degree programs and student
288	288	achievement data across degree programs;
289	289	(3) differences in student achievement data across
290	290	types of institutions of higher education;
291	291	(4) standards for measuring student achievement; and
292	292	(5) any other factors the board considers appropriate.
293	293	(b) Not later than December 1, 2010, the board shall submit
294	294	to the governor, lieutenant governor, speaker of the house of
295	295	representatives, and the presiding officer of each legislative
296	296	standing committee with primary jurisdiction over higher education
297	297	a written report regarding the board's findings under the study.
298	298	(c) This section expires September 1, 2011.
299	299	SECTION 2. Section 61.0591, Education Code, is repealed.
300	300	SECTION 3. The Texas Higher Education Coordinating Board
301	301	shall adopt rules relating to the administration of Subchapter FF,
302	302	Chapter 61, Education Code, as added by this Act, as soon as
303	303	practicable after the effective date of this Act.
304	304	SECTION 4. The Texas Higher Education Coordinating Board
305	305	shall conduct a study of whether bilingual education is a critical
306	306	field for the purposes of Subchapter FF, Chapter 61, Education
307	307	Code, as added by this Act.
308	308	SECTION 5. This Act does not make an appropriation. This
309	309	Act takes effect only if a specific appropriation for the
310	310	implementation of this Act is provided in a general appropriations
311	311	act of the 81st Legislature.
312	312	SECTION 6. This Act takes effect September 1, 2009.
313	313	* * * * *
314	314
315	315	POINTS
316	316
317	317	Noncritical Field/Not At-Risk Student 1.0
318	318
319	319	Noncritical Field/At-Risk Student 2.0
320	320
321	321	Critical Field/Not At-Risk Student 2.0
322	322
323	323	Critical Field/At-Risk Student 3.0
324	324
325	325	POINTS
326	326
327	327	Level 1 Certificate/Noncritical Field/Not 1.0
328	328
329	329	At-Risk Student 1.0
330	330
331	331	Level 1 Certificate/Noncritical 1.5
332	332
333	333	Field/At-Risk Student 1.5
334	334
335	335	Level 1 Certificate/Critical Field/Not 1.5
336	336
337	337	At-Risk Student 1.5
338	338
339	339	Level 1 Certificate/Critical Field/At-Risk 2.0
340	340
341	341	Student 2.0
342	342
343	343	Level 2 Certificate/Noncritical Field/Not 1.5
344	344
345	345	At-Risk Student 1.5
346	346
347	347	Level 2 Certificate/Noncritical 2.0
348	348
349	349	Field/At-Risk Student 2.0
350	350
351	351	Level 2 Certificate/Critical Field/Not 2.0
352	352
353	353	At-Risk Student 2.0
354	354
355	355	Level 2 Certificate/Critical Field/At-Risk 2.5
356	356
357	357	Student 2.5
358	358
359	359	Associate's Degree/Noncritical Field/Not 2.0
360	360
361	361	At-Risk Student 2.0
362	362
363	363	Associate's Degree/Noncritical Field/At-Risk 2.5
364	364
365	365	Student 2.5
366	366
367	367	Associate's Degree/Critical Field/Not 2.5
368	368
369	369	At-Risk Student 2.5
370	370
371	371	Associate's Degree/Critical Field/At-Risk 3.0
372	372
373	373	Student 3.0
374	374
375	375	Student Transfer 2.0
376	376
377	377	TYPE OF DEGREE OR CERTIFICATE POINTS
378	378
379	379	Certificate requiring 30-60 Semester Credit Hours 0.5
380	380
381	381	Bachelor's or Master's 1.0
382	382
383	383	Doctoral following a Master's 1.0
384	384
385	385	Doctoral following a Bachelor's 2.0
386	386
387	387	Medical or Dental 2.0
388	388
389	389	Completed Medical Residency 2.0