85R22613 KJE-D
By: Lozano H.B. No. 17
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Higher Education
Innovation Accelerator for public institutions of higher
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Education Code, is amended
by adding Chapter 60 to read as follows:
CHAPTER 60. TEXAS HIGHER EDUCATION INNOVATION ACCELERATOR
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "Accelerator" means the Texas Higher Education
Innovation Accelerator established under this chapter.
(2) "Board," "governing board," and "institution of
higher education" have the meanings assigned by Section 61.003.
(3) "Commissioner" means the commissioner of higher
education.
(4) "Participating institution" means an institution
of higher education whose governing board has approved an
innovation plan for the institution under Section 60.005.
Sec. 60.002. PURPOSE. The Texas Higher Education
Innovation Accelerator is established to support and accelerate
innovation in educational delivery at institutions of higher
education and to advance state educational and workforce goals.
Sec. 60.003. ELIGIBILITY. The commissioner, in
consultation with institutions of higher education, established
institutional collaboratives, and state and national subject
matter experts, shall establish eligibility criteria for an
institution of higher education's participation in the
accelerator. The criteria must include demonstrated success, as
determined by the commissioner, in:
(1) providing high-quality, high-value educational
opportunities to all students, particularly low-income and
historically underserved student populations, including students
enrolled in adult degree completion programs; and
(2) advancing state and institutional goals related to
educational access, persistence, and attainment and labor market
outcomes.
Sec. 60.004. NOTIFICATION AND INVITATION TO PARTICIPATE.
(a) The commissioner shall:
(1) notify the governing board and chief executive
officer of each institution of higher education regarding the
accelerator's implementation process; and
(2) invite eligible institutions to participate in the
accelerator.
(b) The commissioner shall develop, in consultation with
institutions of higher education, established institutional
collaboratives, and state and national subject matter experts, and
post on the board's Internet website:
(1) a description of the accelerator;
(2) the eligibility criteria for participation in the
accelerator established under Section 60.003; and
(3) a comprehensive list of state statutes and rules
from which a participating institution may not be exempted under
Section 60.006.
Sec. 60.005. INNOVATION PLAN. (a) To participate in the
accelerator, an eligible institution shall:
(1) submit a letter of intent to participate to the
commissioner; and
(2) develop and submit an innovation plan to the
institution's governing board as provided by this section.
(b) An innovation plan must:
(1) summarize the proposed educational programs to be
offered under the accelerator, including:
(A) each program's design, delivery methods, and
implementation plan; and
(B) the anticipated number and demographics of
students to be served by each program;
(2) describe in detail the modifications to
traditional program structures necessary to implement the proposed
educational programs, such as changes to institutional calendars,
course schedules or structures, faculty workload, credit hours, or
other program requirements;
(3) identify how the proposed educational programs
align with specific state and institutional goals;
(4) include, to the extent practical, data regarding
educational programs offered at other institutions of higher
education that are similar to each proposed educational program,
including:
(A) student enrollment and demographics;
(B) student academic success, including the
average time for a student enrolled in the program to complete a
certificate or degree; and
(C) career placement data;
(5) provide for the assessment of student academic
success and ongoing program evaluation and improvement;
(6) commit the institution to participation in regular
meetings of the participating institutions and to the research and
evaluation efforts of the accelerator;
(7) include a plan for operations, staffing,
oversight, and sources of funding for the innovation plan; and
(8) identify any state statutes or rules that inhibit
the goals of the innovation plan and from which the institution
should be exempted on adoption of the plan, subject to Section
60.006, and state how the identified statutes or rules inhibit the
goals of the plan and how an exemption from those statutes or rules
will advance state and institutional educational goals.
(c) In addition to the state statutes or rules identified
under Subsection (b)(8), the institution may also identify other
state statutes or rules that inhibit the goals of the innovation
plan but from which the institution is not seeking an exemption.
(d) An innovation plan may include one or more departments
or certificate or degree programs.
(e) If an eligible institution's governing board approves
an innovation plan developed under this section, the institution
shall:
(1) submit a copy of the plan to the commissioner; and
(2) post the plan on the institution's Internet
website.
(f) An eligible institution may implement one or more
innovation plans that comply with this section.
Sec. 60.006. PERMISSIBLE EXEMPTIONS. (a) On approval of an
innovation plan by the institution's governing board, a
participating institution is exempt from the state statutes or
rules identified in the plan or identified by the commissioner as
needing to be exempted for proper implementation of the plan.
(b) A participating institution's exemption under
Subsection (a) applies to any subsequent amendment or redesignation
of the exempted state statute or rule, unless the subsequent
amendment or redesignation specifically applies to participating
institutions or an educational program offered under this chapter.
(c) A participating institution may not receive an
exemption under this section from:
(1) a federal statute or rule;
(2) any requirements imposed by statute or rule with
which the institution must comply to maintain accreditation;
(3) a state statute or rule that would have the effect
of limiting or abrogating the authority of the institution's
governing board;
(4) any reporting requirements under federal or state
statute or rule related to accountability;
(5) requirements related to automatic admissions
under Section 51.803 or 51.804;
(6) any mandatory tuition or fee exemptions, waivers,
or other benefits under Subchapter D, Chapter 54;
(7) eligibility criteria under state statute or rule
for state financial assistance;
(8) the requirement for the board's approval for a new
certificate or degree program under Section 61.0512; or
(9) any state statute or rule related to health or
safety.
Sec. 60.007. DUTIES OF COMMISSIONER. (a) The commissioner
shall:
(1) maintain and post on the board's Internet website a
list of state statutes or rules from which participating
institutions are exempt under this chapter;
(2) ensure that each participating institution
provides transparent and accurate reporting on the institution's
progress with the innovation plan;
(3) provide technical assistance to participating
institutions on request; and
(4) hold meetings of all participating institutions at
times established by board rule to facilitate cross-institutional
collaboration and publicity about innovative educational programs
developed by the institutions.
(b) The commissioner shall annually prepare and submit to
the legislature and the governing board of each participating
institution a report on the accelerator. The report must include:
(1) an evaluation of the progress made by
participating institutions related to the development and
implementation of the institutions' respective innovation plans;
(2) a list of federal and accreditation statutes or
rules that impede innovation in postsecondary educational
delivery; and
(3) any recommendations for legislative or other
action.
Sec. 60.008. DUTIES OF PARTICIPATING INSTITUTIONS. A
participating institution shall:
(1) track the progress and success of the
institution's innovation plan in accordance with the assessment and
success measures detailed in the plan; and
(2) participate in regular meetings of the
participating institutions and the research and evaluation efforts
of the accelerator.
Sec. 60.009. EVALUATION OF INNOVATION PLAN. (a) A
participating institution shall, in accordance with board rule,
partner or contract with one or more private organizations,
including a nonprofit organization, to evaluate the institution's
innovation plan and the results of the plan's implementation.
(b) The results of an evaluation of a participating
institution's innovation plan must be provided to each
participating institution and to the commissioner and posted on the
institution's Internet website.
Sec. 60.010. TERM. The term of an institution of higher
education's participation in the accelerator may not be less than
four years, and the term of an innovation plan may not be less than
three years or more than five years.
Sec. 60.011. AMENDMENT, RESCISSION, OR RENEWAL OF
INNOVATION PLAN. (a) An innovation plan may be amended by the
chief academic officer of a participating institution with prior
notification to the commissioner and the institution's governing
board.
(b) An innovation plan may be rescinded or renewed subject
to approval of the participating institution's governing board.
(c) The commissioner may recommend to a participating
institution's governing board that the governing board:
(1) renew the innovation plan due to the institution's
performance; or
(2) rescind its approval of the innovation plan if the
institution does not, as determined by the commissioner:
(A) demonstrate satisfactory progress on
intended outcomes;
(B) maintain eligibility requirements; and
(C) participate in good faith and contribute to
meetings of the participating institutions and the research and
evaluation efforts of the accelerator.
Sec. 60.012. TERMINATION BY COMMISSIONER. (a) The
commissioner may remove a participating institution from the
accelerator if the institution fails to meet eligibility
requirements, as determined by the commissioner, for at least two
consecutive years.
(b) Except as provided by Subsection (c), if a participating
institution is removed from the accelerator under this section, the
institution shall modify its educational programs as necessary to
comply with previously exempted state statutes or rules not later
than the first class day of the next academic term following the
institution's removal.
(c) The commissioner may exempt a participating institution
removed from the accelerator under this section from state statutes
or rules as necessary to minimize disruption for students enrolled
in the educational programs offered under the institution's
innovation plan.
Sec. 60.013. RULES. The board may adopt rules as necessary
to implement this chapter.
SECTION 2. (a) Not later than the 30th day after the
effective date of this Act, the commissioner of higher education
shall notify the governing board and chief executive officer of
each public institution of higher education regarding the
implementation process for the Texas Higher Education Innovation
Accelerator established under Chapter 60, Education Code, as added
by this Act, as required by Section 60.004(a) of that chapter.
(b) Not later than January 1, 2018, the commissioner of
higher education shall:
(1) invite eligible public institutions of higher
education to participate in the Texas Higher Education Innovation
Accelerator as provided by Section 60.004(a), Education Code, as
added by this Act; and
(2) post on the Texas Higher Education Coordinating
Board's Internet website the information required under Section
60.004(b), Education Code, as added by this Act.
SECTION 3. This Act applies beginning with the 2018-2019
academic year.
SECTION 4. 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, 2017.