Texas 2017 - 85th Regular

Texas House Bill HB17 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R22613 KJE-D
2	2		By: Lozano H.B. No. 17
	3	+	Substitute the following for H.B. No. 17:
	4	+	By: Alonzo C.S.H.B. No. 17
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the establishment of the Texas Higher Education
8	10		Innovation Accelerator for public institutions of higher
9	11		education.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subtitle A, Title 3, Education Code, is amended
12	14		by adding Chapter 60 to read as follows:
13	15		CHAPTER 60. TEXAS HIGHER EDUCATION INNOVATION ACCELERATOR
14	16		Sec. 60.001. DEFINITIONS. In this chapter:
15	17		(1) "Accelerator" means the Texas Higher Education
16	18		Innovation Accelerator established under this chapter.
17	19		(2) "Board," "governing board," and "institution of
18	20		higher education" have the meanings assigned by Section 61.003.
19	21		(3) "Commissioner" means the commissioner of higher
20	22		education.
21	23		(4) "Participating institution" means an institution
22	24		of higher education whose governing board has approved an
23	25		innovation plan for the institution under Section 60.005.
24	26		Sec. 60.002. PURPOSE. The Texas Higher Education
25	27		Innovation Accelerator is established to support and accelerate
26	28		innovation in educational delivery at institutions of higher
27	29		education and to advance state educational and workforce goals.
28	30		Sec. 60.003. ELIGIBILITY. The commissioner, in
29	31		consultation with institutions of higher education, established
30	32		institutional collaboratives, and state and national subject
31	33		matter experts, shall establish eligibility criteria for an
32	34		institution of higher education's participation in the
33	35		accelerator. The criteria must include demonstrated success, as
34	36		determined by the commissioner, in:
35	37		(1) providing high-quality, high-value educational
36	38		opportunities to all students, particularly low-income and
37	39		historically underserved student populations, including students
38	40		enrolled in adult degree completion programs; and
39	41		(2) advancing state and institutional goals related to
40	42		educational access, persistence, and attainment and labor market
41	43		outcomes.
42	44		Sec. 60.004. NOTIFICATION AND INVITATION TO PARTICIPATE.
43	45		(a) The commissioner shall:
44	46		(1) notify the governing board and chief executive
45	47		officer of each institution of higher education regarding the
46	48		accelerator's implementation process; and
47	49		(2) invite eligible institutions to participate in the
48	50		accelerator.
49	51		(b) The commissioner shall develop, in consultation with
50	52		institutions of higher education, established institutional
51	53		collaboratives, and state and national subject matter experts, and
52	54		post on the board's Internet website:
53	55		(1) a description of the accelerator;
54	56		(2) the eligibility criteria for participation in the
55	57		accelerator established under Section 60.003; and
56	58		(3) a comprehensive list of state statutes and rules
57	59		from which a participating institution may not be exempted under
58	60		Section 60.006.
59	61		Sec. 60.005. INNOVATION PLAN. (a) To participate in the
60	62		accelerator, an eligible institution shall:
61	63		(1) submit a letter of intent to participate to the
62	64		commissioner; and
63	65		(2) develop and submit an innovation plan to the
64	66		institution's governing board as provided by this section.
65	67		(b) An innovation plan must:
66	68		(1) summarize the proposed educational programs to be
67	69		offered under the accelerator, including:
68	70		(A) each program's design, delivery methods, and
69	71		implementation plan; and
70	72		(B) the anticipated number and demographics of
71	73		students to be served by each program;
72	74		(2) describe in detail the modifications to
73	75		traditional program structures necessary to implement the proposed
74	76		educational programs, such as changes to institutional calendars,
75	77		course schedules or structures, faculty workload, credit hours, or
76	78		other program requirements;
77	79		(3) identify how the proposed educational programs
78	80		align with specific state and institutional goals;
79	81		(4) include, to the extent practical, data regarding
80	82		educational programs offered at other institutions of higher
81	83		education that are similar to each proposed educational program,
82	84		including:
83	85		(A) student enrollment and demographics;
84	86		(B) student academic success, including the
85	87		average time for a student enrolled in the program to complete a
86	88		certificate or degree; and
87	89		(C) career placement data;
88	90		(5) provide for the assessment of student academic
89	91		success and ongoing program evaluation and improvement;
90	92		(6) commit the institution to participation in regular
91	93		meetings of the participating institutions and to the research and
92	94		evaluation efforts of the accelerator;
93	95		(7) include a plan for operations, staffing,
94	96		oversight, and sources of funding for the innovation plan; and
95	97		(8) identify any state statutes or rules that inhibit
96	98		the goals of the innovation plan and from which the institution
97	99		should be exempted on adoption of the plan, subject to Section
98	100		60.006, and state how the identified statutes or rules inhibit the
99	101		goals of the plan and how an exemption from those statutes or rules
100	102		will advance state and institutional educational goals.
101	103		(c) In addition to the state statutes or rules identified
102	104		under Subsection (b)(8), the institution may also identify other
103	105		state statutes or rules that inhibit the goals of the innovation
104	106		plan but from which the institution is not seeking an exemption.
105	107		(d) An innovation plan may include one or more departments
106	108		or certificate or degree programs.
107	109		(e) If an eligible institution's governing board approves
108	110		an innovation plan developed under this section, the institution
109	111		shall:
110	112		(1) submit a copy of the plan to the commissioner; and
111	113		(2) post the plan on the institution's Internet
112	114		website.
113	115		(f) An eligible institution may implement one or more
114	116		innovation plans that comply with this section.
115	117		Sec. 60.006. PERMISSIBLE EXEMPTIONS. (a) On approval of an
116	118		innovation plan by the institution's governing board, a
117	119		participating institution is exempt from the state statutes or
118	120		rules identified in the plan or identified by the commissioner as
119	121		needing to be exempted for proper implementation of the plan.
120	122		(b) A participating institution's exemption under
121	123		Subsection (a) applies to any subsequent amendment or redesignation
122	124		of the exempted state statute or rule, unless the subsequent
123	125		amendment or redesignation specifically applies to participating
124	126		institutions or an educational program offered under this chapter.
125	127		(c) A participating institution may not receive an
126	128		exemption under this section from:
127	129		(1) a federal statute or rule;
128	130		(2) any requirements imposed by statute or rule with
129	131		which the institution must comply to maintain accreditation;
130	132		(3) a state statute or rule that would have the effect
131	133		of limiting or abrogating the authority of the institution's
132	134		governing board;
133	135		(4) any reporting requirements under federal or state
134	136		statute or rule related to accountability;
135	137		(5) requirements related to automatic admissions
136	138		under Section 51.803 or 51.804;
137	139		(6) any mandatory tuition or fee exemptions, waivers,
138	140		or other benefits under Subchapter D, Chapter 54;
139	141		(7) eligibility criteria under state statute or rule
140	142		for state financial assistance;
141	143		(8) the requirement for the board's approval for a new
142	144		certificate or degree program under Section 61.0512; or
143	145		(9) any state statute or rule related to health or
144	146		safety.
145	147		Sec. 60.007. DUTIES OF COMMISSIONER. (a) The commissioner
146	148		shall:
147	149		(1) maintain and post on the board's Internet website a
148	150		list of state statutes or rules from which participating
149	151		institutions are exempt under this chapter;
150	152		(2) ensure that each participating institution
151	153		provides transparent and accurate reporting on the institution's
152	154		progress with the innovation plan;
153	155		(3) provide technical assistance to participating
154	156		institutions on request; and
155	157		(4) hold meetings of all participating institutions at
156	158		times established by board rule to facilitate cross-institutional
157	159		collaboration and publicity about innovative educational programs
158	160		developed by the institutions.
159	161		(b) The commissioner shall annually prepare and submit to
160	162		the legislature and the governing board of each participating
161	163		institution a report on the accelerator. The report must include:
162	164		(1) an evaluation of the progress made by
163	165		participating institutions related to the development and
164	166		implementation of the institutions' respective innovation plans;
165	167		(2) a list of federal and accreditation statutes or
166	168		rules that impede innovation in postsecondary educational
167	169		delivery; and
168	170		(3) any recommendations for legislative or other
169	171		action.
170	172		Sec. 60.008. DUTIES OF PARTICIPATING INSTITUTIONS. A
171	173		participating institution shall:
172	174		(1) track the progress and success of the
173	175		institution's innovation plan in accordance with the assessment and
174	176		success measures detailed in the plan; and
175	177		(2) participate in regular meetings of the
176	178		participating institutions and the research and evaluation efforts
177	179		of the accelerator.
178	180		Sec. 60.009. EVALUATION OF INNOVATION PLAN. (a) A
179	181		participating institution shall, in accordance with board rule,
180	182		partner or contract with one or more private organizations,
181	183		including a nonprofit organization, to evaluate the institution's
182	184		innovation plan and the results of the plan's implementation.
183	185		(b) The results of an evaluation of a participating
184	186		institution's innovation plan must be provided to each
185	187		participating institution and to the commissioner and posted on the
186	188		institution's Internet website.
187	189		Sec. 60.010. TERM. The term of an institution of higher
188	190		education's participation in the accelerator may not be less than
189	191		four years, and the term of an innovation plan may not be less than
190	192		three years or more than five years.
191	193		Sec. 60.011. AMENDMENT, RESCISSION, OR RENEWAL OF
192	194		INNOVATION PLAN. (a) An innovation plan may be amended by the
193	195		chief academic officer of a participating institution with prior
194	196		notification to the commissioner and the institution's governing
195	197		board.
196	198		(b) An innovation plan may be rescinded or renewed subject
197	199		to approval of the participating institution's governing board.
198	200		(c) The commissioner may recommend to a participating
199	201		institution's governing board that the governing board:
200	202		(1) renew the innovation plan due to the institution's
201	203		performance; or
202	204		(2) rescind its approval of the innovation plan if the
203	205		institution does not, as determined by the commissioner:
204	206		(A) demonstrate satisfactory progress on
205	207		intended outcomes;
206	208		(B) maintain eligibility requirements; and
207	209		(C) participate in good faith and contribute to
208	210		meetings of the participating institutions and the research and
209	211		evaluation efforts of the accelerator.
210	212		Sec. 60.012. TERMINATION BY COMMISSIONER. (a) The
211	213		commissioner may remove a participating institution from the
212	214		accelerator if the institution fails to meet eligibility
213	215		requirements, as determined by the commissioner, for at least two
214	216		consecutive years.
215	217		(b) Except as provided by Subsection (c), if a participating
216	218		institution is removed from the accelerator under this section, the
217	219		institution shall modify its educational programs as necessary to
218	220		comply with previously exempted state statutes or rules not later
219	221		than the first class day of the next academic term following the
220	222		institution's removal.
221	223		(c) The commissioner may exempt a participating institution
222	224		removed from the accelerator under this section from state statutes
223	225		or rules as necessary to minimize disruption for students enrolled
224	226		in the educational programs offered under the institution's
225	227		innovation plan.
226	228		Sec. 60.013. RULES. The board may adopt rules as necessary
227	229		to implement this chapter.
228	230		SECTION 2. (a) Not later than the 30th day after the
229	231		effective date of this Act, the commissioner of higher education
230	232		shall notify the governing board and chief executive officer of
231	233		each public institution of higher education regarding the
232	234		implementation process for the Texas Higher Education Innovation
233	235		Accelerator established under Chapter 60, Education Code, as added
234	236		by this Act, as required by Section 60.004(a) of that chapter.
235	237		(b) Not later than January 1, 2018, the commissioner of
236	238		higher education shall:
237	239		(1) invite eligible public institutions of higher
238	240		education to participate in the Texas Higher Education Innovation
239	241		Accelerator as provided by Section 60.004(a), Education Code, as
240	242		added by this Act; and
241	243		(2) post on the Texas Higher Education Coordinating
242	244		Board's Internet website the information required under Section
243	245		60.004(b), Education Code, as added by this Act.
244	246		SECTION 3. This Act applies beginning with the 2018-2019
245	247		academic year.
246	248		SECTION 4. This Act takes effect immediately if it receives
247	249		a vote of two-thirds of all the members elected to each house, as
248	250		provided by Section 39, Article III, Texas Constitution. If this
249	251		Act does not receive the vote necessary for immediate effect, this
250	252		Act takes effect September 1, 2017.