Texas 2009 - 81st Regular

Texas Senate Bill SB155 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1580 KJM-D
2	2	By: Ellis S.B. No. 155
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports regarding the consideration of certain factors
8	8	by public and private institutions of higher education in
9	9	admissions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter H, Chapter 51, Education Code, is
12	12	amended by adding Section 51.4034 to read as follows:
13	13	Sec. 51.4034. ANNUAL REPORT ON FACTORS CONSIDERED IN
14	14	ADMISSIONS DECISIONS. (a) Not later than July 1 of each year, each
15	15	public or private institution of higher education in this state
16	16	shall provide to the Texas Higher Education Coordinating Board and
17	17	to the chair of each legislative standing committee or subcommittee
18	18	with primary jurisdiction over higher education, and shall make
19	19	available to the public on the institution's website, a report
20	20	regarding whether, in admitting applicants to any undergraduate,
21	21	graduate, postgraduate, or professional degree program, the
22	22	institution or any school or department of the institution
23	23	considers:
24	24	(1) an applicant's race, color, ethnicity, or national
25	25	origin; or
26	26	(2) whether a family member of the applicant has
27	27	previously attended the institution, is a donor to the institution,
28	28	or is otherwise associated with the institution.
29	29	(b) If the public or private institution of higher education
30	30	or a school or department of the institution considers race, color,
31	31	ethnicity, or national origin in making admissions decisions as
32	32	described by Subsection (a)(1), the report must contain the
33	33	following information with respect to the institution, school, or
34	34	department, as applicable:
35	35	(1) for any group identified by race, color,
36	36	ethnicity, or national origin that is considered in admissions
37	37	decisions, how membership in that group is determined for
38	38	individual applicants;
39	39	(2) how membership in that group is considered in
40	40	admissions decisions, including:
41	41	(A) the weight given to consideration of
42	42	membership in that group; and
43	43	(B) the use of any targets, quotas, or other
44	44	numbers-based goals for that group;
45	45	(3) why membership in that group is considered in
46	46	admissions decisions, including:
47	47	(A) the degree to which members of that group are
48	48	represented at the institution, school, or department; and
49	49	(B) any correlation between the admission of
50	50	those group members and the educational goals of the institution,
51	51	school, or department, including any goal to increase diversity in
52	52	the student population;
53	53	(4) if membership in that group is considered in
54	54	admissions decisions because of an educational goal of the
55	55	institution, school, or department, what consideration has been
56	56	given to any available alternatives, including alternatives that
57	57	are neutral with respect to race, color, ethnicity, or national
58	58	origin, for achieving that goal;
59	59	(5) how frequently and in what manner the institution,
60	60	school, or department reassesses the need to consider membership in
61	61	that group in admissions decisions;
62	62	(6) an analysis of the correlation between membership
63	63	in any group given preference in admissions decisions on account of
64	64	race, color, ethnicity, or national origin and:
65	65	(A) the enrollment rates of members of that group
66	66	in remedial or developmental programs relative to members of other
67	67	groups;
68	68	(B) the graduation rates of members of that group
69	69	relative to members of other groups; and
70	70	(C) the rate of default by members of that group
71	71	on education loans relative to members of other groups; and
72	72	(7) any factors other than race, color, ethnicity, or
73	73	national origin for which information is collected for use in the
74	74	admissions decisions covered by the report.
75	75	(c) To enable a statistical comparison of the weight given
76	76	to race, color, ethnicity, or national origin relative to the
77	77	factors described by Subsection (b)(7), if the factors disclosed
78	78	under that subdivision include high school grades, grade point
79	79	averages, or class rank, scores on standardized tests, including
80	80	the ACT or SAT, legacy status, gender, state residency, or other
81	81	quantifiable criteria, the public or private institution of higher
82	82	education must provide the following information with the report in
83	83	a standard computer-readable format:
84	84	(1) all quantifiable or other computer-readable raw
85	85	admissions data linked to specific applicants, including the
86	86	applicants' race, color, ethnicity, or national origin, as
87	87	applicable; and
88	88	(2) the admissions decisions made by the institution,
89	89	school, or department regarding those applicants.
90	90	(d) The information required by Subsection (c) may not
91	91	identify the applicants by name or in another manner that would
92	92	enable a person to identify an individual applicant using the data.
93	93	(e) If the public or private institution of higher education
94	94	or a school or department of the institution considers a factor
95	95	described by Subsection (a)(2) in making admissions decisions, the
96	96	report must contain the following information with respect to the
97	97	institution, school, or department, as applicable:
98	98	(1) how the relevant information is determined for
99	99	individual applicants;
100	100	(2) how the factor is considered in admissions
101	101	decisions, including the weight given to consideration of the
102	102	factor;
103	103	(3) why the factor is considered in admissions
104	104	decisions, including the degree to which applicants identified as
105	105	sharing that factor are represented at the institution, school, or
106	106	department; and
107	107	(4) how frequently and in what manner the institution,
108	108	school, or department reassesses the need to consider the factor in
109	109	admissions decisions.
110	110	(f) Students of a private or independent institution of
111	111	higher education that does not substantially comply with this
112	112	section as determined by the Texas Higher Education Coordinating
113	113	Board are ineligible for tuition equalization grants under
114	114	Subchapter F, Chapter 61.
115	115	SECTION 2. Each public or private institution of higher
116	116	education in this state shall submit the first report required by
117	117	Section 51.4034, Education Code, as added by this Act, not later
118	118	than July 1, 2010.
119	119	SECTION 3. This Act takes effect immediately if it receives
120	120	a vote of two-thirds of all the members elected to each house, as
121	121	provided by Section 39, Article III, Texas Constitution. If this
122	122	Act does not receive the vote necessary for immediate effect, this
123	123	Act takes effect September 1, 2009.