81R1580 KJM-D
By: Ellis S.B. No. 155
A BILL TO BE ENTITLED
AN ACT
relating to reports regarding the consideration of certain factors
by public and private institutions of higher education in
admissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 51, Education Code, is
amended by adding Section 51.4034 to read as follows:
Sec. 51.4034. ANNUAL REPORT ON FACTORS CONSIDERED IN
ADMISSIONS DECISIONS. (a) Not later than July 1 of each year, each
public or private institution of higher education in this state
shall provide to the Texas Higher Education Coordinating Board and
to the chair of each legislative standing committee or subcommittee
with primary jurisdiction over higher education, and shall make
available to the public on the institution's website, a report
regarding whether, in admitting applicants to any undergraduate,
graduate, postgraduate, or professional degree program, the
institution or any school or department of the institution
considers:
(1) an applicant's race, color, ethnicity, or national
origin; or
(2) whether a family member of the applicant has
previously attended the institution, is a donor to the institution,
or is otherwise associated with the institution.
(b) If the public or private institution of higher education
or a school or department of the institution considers race, color,
ethnicity, or national origin in making admissions decisions as
described by Subsection (a)(1), the report must contain the
following information with respect to the institution, school, or
department, as applicable:
(1) for any group identified by race, color,
ethnicity, or national origin that is considered in admissions
decisions, how membership in that group is determined for
individual applicants;
(2) how membership in that group is considered in
admissions decisions, including:
(A) the weight given to consideration of
membership in that group; and
(B) the use of any targets, quotas, or other
numbers-based goals for that group;
(3) why membership in that group is considered in
admissions decisions, including:
(A) the degree to which members of that group are
represented at the institution, school, or department; and
(B) any correlation between the admission of
those group members and the educational goals of the institution,
school, or department, including any goal to increase diversity in
the student population;
(4) if membership in that group is considered in
admissions decisions because of an educational goal of the
institution, school, or department, what consideration has been
given to any available alternatives, including alternatives that
are neutral with respect to race, color, ethnicity, or national
origin, for achieving that goal;
(5) how frequently and in what manner the institution,
school, or department reassesses the need to consider membership in
that group in admissions decisions;
(6) an analysis of the correlation between membership
in any group given preference in admissions decisions on account of
race, color, ethnicity, or national origin and:
(A) the enrollment rates of members of that group
in remedial or developmental programs relative to members of other
groups;
(B) the graduation rates of members of that group
relative to members of other groups; and
(C) the rate of default by members of that group
on education loans relative to members of other groups; and
(7) any factors other than race, color, ethnicity, or
national origin for which information is collected for use in the
admissions decisions covered by the report.
(c) To enable a statistical comparison of the weight given
to race, color, ethnicity, or national origin relative to the
factors described by Subsection (b)(7), if the factors disclosed
under that subdivision include high school grades, grade point
averages, or class rank, scores on standardized tests, including
the ACT or SAT, legacy status, gender, state residency, or other
quantifiable criteria, the public or private institution of higher
education must provide the following information with the report in
a standard computer-readable format:
(1) all quantifiable or other computer-readable raw
admissions data linked to specific applicants, including the
applicants' race, color, ethnicity, or national origin, as
applicable; and
(2) the admissions decisions made by the institution,
school, or department regarding those applicants.
(d) The information required by Subsection (c) may not
identify the applicants by name or in another manner that would
enable a person to identify an individual applicant using the data.
(e) If the public or private institution of higher education
or a school or department of the institution considers a factor
described by Subsection (a)(2) in making admissions decisions, the
report must contain the following information with respect to the
institution, school, or department, as applicable:
(1) how the relevant information is determined for
individual applicants;
(2) how the factor is considered in admissions
decisions, including the weight given to consideration of the
factor;
(3) why the factor is considered in admissions
decisions, including the degree to which applicants identified as
sharing that factor are represented at the institution, school, or
department; and
(4) how frequently and in what manner the institution,
school, or department reassesses the need to consider the factor in
admissions decisions.
(f) Students of a private or independent institution of
higher education that does not substantially comply with this
section as determined by the Texas Higher Education Coordinating
Board are ineligible for tuition equalization grants under
Subchapter F, Chapter 61.
SECTION 2. Each public or private institution of higher
education in this state shall submit the first report required by
Section 51.4034, Education Code, as added by this Act, not later
than July 1, 2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.