Texas 2017 - 85th Regular

Texas House Bill HB4220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R24453 KEL-F
2	1		By: González of El Paso H.B. No. 4220
3		-	Substitute the following for H.B. No. 4220:
4		-	By: Lozano C.S.H.B. No. 4220
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the regulation of certain degree-granting
10	7		postsecondary educational institutions by the Texas Higher
11		-	Education Coordinating Board.
	8	+	Education Coordinating Board; providing administrative penalties.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 61.303, Education Code, is amended to
	10	+	SECTION 1. Subchapter G, Chapter 61, Education Code, is
	11	+	amended by adding Section 61.3025 to read as follows:
	12	+	Sec. 61.3025. DEFINITION: ACADEMIC RECORDS. (a) In this
	13	+	subchapter, "academic records" means any information that is:
	14	+	(1) directly related to a student's educational
	15	+	efforts;
	16	+	(2) intended to support the student's progress toward
	17	+	completing a degree program; and
	18	+	(3) regardless of the format or manner in which or the
	19	+	location where the information is held, maintained by an
	20	+	institution for the purpose of sharing among academic officials.
	21	+	(b) The term "academic records" includes a student's
	22	+	educational history but does not include medical records, alumni
	23	+	records other than educational history, human resources records, or
	24	+	criminal history record information or other law enforcement
	25	+	records.
	26	+	SECTION 2. Section 61.303, Education Code, is amended to
14	27		read as follows:
15		-	Sec. 61.303. EXEMPTIONS; REVOCATION OF OR CONDITIONS ON
16		-	EXEMPTION STATUS OR CERTIFICATE OF AUTHORIZATION. (a) Unless
17		-	specifically provided otherwise, the [The] provisions of this
18		-	subchapter do not [in any way] apply to an institution that [which]
19		-	is fully accredited by and in good standing with a recognized
20		-	accrediting agency, or an institution or degree program that has
21		-	received approval by a state agency authorizing the institution's
22		-	graduates to take a professional or vocational state licensing
23		-	examination administered by that agency. The granting of
24		-	permission by a state agency to a graduate of an institution to take
25		-	a licensing examination does not by itself constitute approval of
26		-	the institution or degree program required for an exemption under
27		-	this subsection.
	28	+	Sec. 61.303. EXEMPTIONS. (a) Unless specifically provided
	29	+	otherwise, the [The] provisions of this subchapter do not [in any
	30	+	way] apply to an institution that [which] is fully accredited by and
	31	+	in good standing with a recognized accrediting agency, or an
	32	+	institution or degree program that has received approval by a state
	33	+	agency authorizing the institution's graduates to take a
	34	+	professional or vocational state licensing examination
	35	+	administered by that agency. The granting of permission by a state
	36	+	agency to a graduate of an institution to take a licensing
	37	+	examination does not by itself constitute approval of the
	38	+	institution or degree program required for an exemption under this
	39	+	subsection.
28	40		(b) The exemptions provided by Subsection (a) apply only to
29	41		the degree level for which an institution is accredited, and if an
30	42		institution offers to award a degree at a level for which it is not
31	43		accredited, the exemption does not apply.
32	44		(c) The board may issue to an [An] exempt institution or
33	45		person [may be issued] a certificate of authorization to grant
34	46		degrees. The board may adopt rules regarding a process to allow an
35	47		exempt institution or person to apply for and receive a certificate
36	48		of authorization under this section.
37	49		(d) The board by rule may require an exempt institution or
38	50		person to ensure that the financial resources and financial
39	51		stability of the institution or person are adequate to provide
40	52		education of a good quality and to fulfill the institution's or
41	53		person's commitments to its enrolled students and may require the
42	54		institution or person to provide to the board documentation of the
43	55		institution's or person's compliance with those requirements.
44	56		Rules adopted under this subsection must:
45	57		(1) require the institution or person to maintain
46	58		reserves, lines of credit, or surety instruments that, when
47	59		combined with tuition and fee receipts, are sufficient to allow the
48	60		institution or person to fulfill its educational obligations to its
49	61		enrolled students if the institution or person is unable to admit
50	62		new students in an academic year for any reason; and
51	63		(2) require that the financial resources maintained
52	64		under Subdivision (1) be conditioned to allow only the board to
53	65		withdraw funds for the benefit of the institution's or person's
54	66		enrolled students under the circumstance described by Subdivision
55	67		(1).
56	68		(e) To enable the board to verify the conditions under which
57	69		a certificate of authorization issued under this section is held,
58	70		the board by rule may require an exempt institution or person to
59	71		report to the board on a continuing basis other appropriate
60	72		information in addition to the documentation required under
61	73		Subsection (d).
62	74		(f) An exempt institution or person continues [would
63	75		continue] in that status only if the institution or person
64	76		maintains [so long as it maintained] accreditation by, and remains
65	77		in good standing with, a recognized accrediting agency or otherwise
66	78		meets [met] the provisions of Subsection (a).
67	79		(g) [(e)] The board by rule shall provide for due process
68	80		and shall provide procedures for revoking or placing conditions on
69	81		the exemption status of an institution or person or for revoking or
70	82		placing conditions on a previously issued certificate of
71	83		authorization.
72	84		(h) Under the rules described by Subsection (g), the board
73	85		may revoke or place conditions on an institution's or person's
74	86		exemption status or certificate of authorization only if the board
75	87		has reasonable cause to believe that the institution or person has
76	88		violated this subchapter or any rule adopted under this subchapter.
77	89		(i) Before revoking or placing conditions on an
78	90		institution's or person's exemption status or certificate of
79	91		authorization under Subsection (h), the board must provide to the
80	92		institution or person written notice of the board's impending
81	93		action and include the grounds for that action.
82	94		(j) If the board places conditions on an institution's or
83	95		person's exemption status or certificate of authorization under
84	96		Subsection (h), until the board removes the conditions, the board
85	97		may reexamine the applicable institution or person at least twice
86	98		annually following the date the board provided notice under
87	99		Subsection (i).
88	100		(k) [(f)] A private postsecondary educational institution
89	101		may not establish or operate a branch campus, extension center, or
90	102		other off-campus unit in Texas except as provided by this
91	103		subsection or the rules of the board. This subsection does not
92	104		apply to a private or independent institution of higher education
93	105		as defined by Section 61.003.
94		-	SECTION 2. Subchapter G, Chapter 61, Education Code, is
	106	+	SECTION 3. Subchapter G, Chapter 61, Education Code, is
95	107		amended by adding Section 61.3075 to read as follows:
96	108		Sec. 61.3075. REQUIRED FINANCIAL RESOURCES. The board by
97	109		rule may require an institution operating under a certificate of
98	110		authority, or seeking to operate under a certificate of authority,
99	111		to ensure that the financial resources and financial stability of
100	112		the institution are adequate to provide education of a good quality
101	113		and to fulfill the institution's commitments to its enrolled
102	114		students and may require the institution to provide to the board
103	115		documentation of the institution's compliance with those
104	116		requirements. Rules adopted under this subsection must:
105	117		(1) require the institution to maintain reserves,
106	118		lines of credit, or surety instruments that, when combined with
107	119		tuition and fee receipts, are sufficient to allow the institution
108	120		to fulfill its educational obligations to its enrolled students if
109	121		the institution is unable to admit new students in an academic year
110	122		for any reason; and
111	123		(2) require that the financial resources maintained
112	124		under Subdivision (1) be conditioned to allow only the board to
113	125		withdraw funds for the benefit of the institution's enrolled
114	126		students under the circumstance described by Subdivision (1).
115		-	SECTION 3. The Texas Higher Education Coordinating Board
	127	+	SECTION 4. Section 61.315, Education Code, is amended to
	128	+	read as follows:
	129	+	Sec. 61.315. AGENTS AND RECORDS; ACADEMIC RECORDS
	130	+	REPOSITORY. (a) The authorized or certified institutions may be
	131	+	required to provide [furnish] a list of their agents to the board,
	132	+	and to maintain in a manner specified by the board the academic
	133	+	records of enrolled or former students [enrolled], including
	134	+	records of credits [awarded,] and degrees awarded, and provide
	135	+	those records to the board on request [in a manner specified by the
	136	+	board].
	137	+	(b) The board may maintain a repository for academic records
	138	+	from closed institutions that were exempt or were authorized to
	139	+	operate under a certificate of authorization or certificate of
	140	+	authority. The board may discontinue its maintenance of the
	141	+	repository if adequate funding is not provided for that
	142	+	maintenance. The academic records repository is considered to be a
	143	+	repository of last resort. If a closed institution is part of a
	144	+	larger educational system or corporation, that system or
	145	+	corporation shall maintain the academic records. If students of
	146	+	the closed institution transfer to another institution through an
	147	+	agreement between the institutions to continue the students' degree
	148	+	programs, the institution responsible for accepting the
	149	+	transferring students shall maintain those academic records.
	150	+	SECTION 5. Section 61.316, Education Code, is amended by
	151	+	adding Subsection (e-1) to read as follows:
	152	+	(e-1) Any authorized or certified institution that fails to
	153	+	maintain in a manner specified by the board the academic records of
	154	+	enrolled or former students, including records of credits and
	155	+	degrees awarded, or that fails to protect the personally
	156	+	identifiable information of enrolled or former students shall be
	157	+	assessed an administrative penalty of not less than $100 or more
	158	+	than $500 for each student whose academic record was not maintained
	159	+	or whose personally identifiable information was not protected.
	160	+	SECTION 6. The Texas Higher Education Coordinating Board
116	161		shall adopt the rules required by Subchapter G, Chapter 61,
117	162		Education Code, as amended by this Act, as soon as practicable after
118	163		the effective date of this Act.
119		-	SECTION 4. This Act takes effect September 1, 2017.
	164	+	SECTION 7. This Act takes effect September 1, 2017.