Texas 2017 - 85th Regular

Texas Senate Bill SB1781 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1781
	1	+	By: West S.B. No. 1781
	2	+	(González of El Paso)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to the regulation of certain ~~educational institutions by~~
6		-	the Texas Higher ~~Education Coordinating Board; providing~~
7		-	administrative penalties.
	7	+	relating to the regulation of certain degree-granting
	8	+	postsecondary educational institutions by the Texas Higher
	9	+	Education Coordinating Board; providing administrative penalties.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter G, Chapter 61, Education Code, is
10	12		amended by adding Section 61.3025 to read as follows:
11	13		Sec. 61.3025. DEFINITION: ACADEMIC RECORDS. (a) In this
12	14		subchapter, "academic records" means any information that is:
13	15		(1) directly related to a student's educational
14	16		efforts;
15	17		(2) intended to support the student's progress toward
16	18		completing a degree program; and
17	19		(3) regardless of the format or manner in which or the
18	20		location where the information is held, maintained by an
19	21		institution for the purpose of sharing among academic officials.
20	22		(b) The term "academic records" includes a student's
21	23		educational history but does not include medical records, alumni
22	24		records other than educational history, human resources records, or
23	25		criminal history record information or other law enforcement
24	26		records.
25	27		SECTION 2. Section 61.303, Education Code, is amended to
26	28		read as follows:
27	29		Sec. 61.303. EXEMPTIONS. (a) Unless specifically
28	30		provided otherwise, the [The] provisions of this subchapter do not
29	31		[in any way] apply to an institution that [which] is fully
30		-	accredited by, and ~~is not operating under sanctions imposed by,~~ a
31		-	~~recognized accrediting~~ agency, or an institution or degree program
32		-	~~that has received~~ approval by a state agency authorizing the
33		-	~~institution's graduates~~ to take a professional or vocational state
34		-	~~licensing examination~~ administered by that agency. The granting of
35		-	~~permission by a state~~ agency to a graduate of an institution to take
36		-	~~a licensing~~ examination does not by itself constitute approval of
37		-	~~the~~ institution or degree program required for an exemption under
38		-	~~this~~ subsection.
	32	+	accredited by and in good standing with a recognized accrediting
	33	+	agency, or an institution or degree program that has received
	34	+	approval by a state agency authorizing the institution's graduates
	35	+	to take a professional or vocational state licensing examination
	36	+	administered by that agency. The granting of permission by a state
	37	+	agency to a graduate of an institution to take a licensing
	38	+	examination does not by itself constitute approval of the
	39	+	institution or degree program required for an exemption under this
	40	+	subsection.
39	41		(b) The exemptions provided by Subsection (a) apply only to
40	42		the degree level for which an institution is accredited, and if an
41	43		institution offers to award a degree at a level for which it is not
42	44		accredited, the exemption does not apply.
43	45		(c) The board may issue to an [An] exempt institution or
44	46		person [may be issued] a certificate of authorization to grant
45	47		degrees. The board may adopt rules regarding a process to allow an
46	48		exempt institution or person to apply for and receive a certificate
47	49		of authorization under this section.
48	50		(d) The board by rule may require an exempt institution or
49	51		person to ensure that the financial resources and financial
50	52		stability of the institution or person are adequate to provide
51	53		education of a good quality and to fulfill the institution's or
52	54		person's commitments to its enrolled students and may require the
53	55		institution or person to provide to the board documentation of the
54	56		institution's or person's compliance with those requirements.
55	57		Rules adopted under this subsection must:
56	58		(1) require the institution or person to maintain
57	59		reserves, lines of credit, or surety instruments that, when
58	60		combined with tuition and fee receipts, are sufficient to allow the
59	61		institution or person to fulfill its educational obligations to its
60		-	enrolled students if the institution or person is unable to
61		-	continue to provide instruction to its enrolled students for any
62		-	reason; and
	62	+	enrolled students if the institution or person is unable to admit
	63	+	new students in an academic year for any reason; and
63	64		(2) require that the financial resources maintained
64	65		under Subdivision (1) be conditioned to allow only the board to
65	66		withdraw funds for the benefit of the institution's or person's
66	67		enrolled students under the circumstance described by Subdivision
67	68		(1).
68	69		(e) To enable the board to verify the conditions under which
69	70		a certificate of authorization issued under this section is held,
70	71		the board by rule may require an exempt institution or person to
71	72		report to the board on a continuing basis other appropriate
72	73		information in addition to the documentation required under
73	74		Subsection (d).
74	75		(f) An exempt institution or person continues [would
75	76		continue] in that status only if the institution or person
76		-	maintains [so long as it maintained] accreditation by, and ~~is not~~
77		-	~~operating under sanctions imposed by~~, a recognized accrediting
78		-	~~agency or otherwise~~ meets [met] the provisions of Subsection (a).
	77	+	maintains [so long as it maintained] accreditation by, and remains
	78	+	in good standing with, a recognized accrediting agency or otherwise
	79	+	meets [met] the provisions of Subsection (a).
79	80		(g) [(e)] The board by rule shall provide for due process
80	81		and shall provide procedures for revoking or placing conditions on
81	82		the exemption status of an institution or person or for revoking or
82	83		placing conditions on a previously issued certificate of
83	84		authorization.
84	85		(h) Under the rules described by Subsection (g), the board
85	86		may revoke or place conditions on an institution's or person's
86	87		exemption status or certificate of authorization only if the board
87	88		has reasonable cause to believe that the institution or person has
88	89		violated this subchapter or any rule adopted under this subchapter.
89	90		(i) Before revoking or placing conditions on an
90	91		institution's or person's exemption status or certificate of
91	92		authorization under Subsection (h), the board must provide to the
92	93		institution or person written notice of the board's impending
93	94		action and include the grounds for that action.
94	95		(j) If the board places conditions on an institution's or
95	96		person's exemption status or certificate of authorization under
96	97		Subsection (h), until the board removes the conditions, the board
97	98		may reexamine the applicable institution or person at least twice
98	99		annually following the date the board provided notice under
99	100		Subsection (i).
100	101		(k) [(f)] A private postsecondary educational institution
101	102		may not establish or operate a branch campus, extension center, or
102	103		other off-campus unit in Texas except as provided by this
103	104		subsection or the rules of the board. This subsection does not
104	105		apply to a private or independent institution of higher education
105	106		as defined by Section 61.003.
106	107		SECTION 3. Subchapter G, Chapter 61, Education Code, is
107	108		amended by adding Section 61.3075 to read as follows:
108	109		Sec. 61.3075. REQUIRED FINANCIAL RESOURCES. The board by
109	110		rule may require an institution operating under a certificate of
110	111		authority, or seeking to operate under a certificate of authority,
111	112		to ensure that the financial resources and financial stability of
112	113		the institution are adequate to provide education of a good quality
113	114		and to fulfill the institution's commitments to its enrolled
114	115		students and may require the institution to provide to the board
115	116		documentation of the institution's compliance with those
116	117		requirements. Rules adopted under this subsection must:
117	118		(1) require the institution to maintain reserves,
118	119		lines of credit, or surety instruments that, when combined with
119	120		tuition and fee receipts, are sufficient to allow the institution
120	121		to fulfill its educational obligations to its enrolled students if
121		-	the institution is unable to ~~continue to provide instruction to its~~
122		-	~~enrolled students~~ for any reason; and
	122	+	the institution is unable to admit new students in an academic year
	123	+	for any reason; and
123	124		(2) require that the financial resources maintained
124	125		under Subdivision (1) be conditioned to allow only the board to
125	126		withdraw funds for the benefit of the institution's enrolled
126	127		students under the circumstance described by Subdivision (1).
127	128		SECTION 4. Section 61.315, Education Code, is amended to
128	129		read as follows:
129	130		Sec. 61.315. AGENTS AND RECORDS; ACADEMIC RECORDS
130	131		REPOSITORY. (a) The authorized or certified institutions may be
131	132		required to provide [furnish] a list of their agents to the board,
132	133		and to maintain in a manner specified by the board the academic
133	134		records of enrolled or former students [enrolled], including
134	135		records of credits [awarded,] and degrees awarded, and provide
135	136		those records to the board on request [in a manner specified by the
136	137		board].
137	138		(b) The board may maintain a repository for academic records
138	139		from closed institutions that were exempt or were authorized to
139	140		operate under a certificate of authorization or certificate of
140	141		authority. The board may discontinue its maintenance of the
141	142		repository if adequate funding is not provided for that
142	143		maintenance. The academic records repository is considered to be a
143	144		repository of last resort. If a closed institution is part of a
144	145		larger educational system or corporation, that system or
145	146		corporation shall maintain the academic records. If students of
146	147		the closed institution transfer to another institution through an
147	148		agreement between the institutions to continue the students' degree
148	149		programs, the institution responsible for accepting the
149	150		transferring students shall maintain those academic records.
150	151		SECTION 5. Section 61.316, Education Code, is amended by
151	152		adding Subsection (e-1) to read as follows:
152	153		(e-1) Any authorized or certified institution that fails to
153	154		maintain in a manner specified by the board the academic records of
154	155		enrolled or former students, including records of credits and
155	156		degrees awarded, or that fails to protect the personally
156	157		identifiable information of enrolled or former students shall be
157	158		assessed an administrative penalty of not less than $100 or more
158	159		than $500 for each student whose academic record was not maintained
159	160		or whose personally identifiable information was not protected.
160		-	SECTION 6. Subchapter S, Chapter 61, Education Code, is
161		-	amended by adding Section 61.835 to read as follows:
162		-	Sec. 61.835. TRANSFERABLE COLLEGE CREDIT FOR HEROES
163		-	CURRICULA. (a) To promote the purposes of the College Credit for
164		-	Heroes program established under Section 302.0031, Labor Code, the
165		-	board, in consultation with the Texas Workforce Commission, the
166		-	Texas Veterans Commission, and institutions of higher education,
167		-	shall:
168		-	(1) develop standardized curricula within degree and
169		-	certificate programs commonly offered by institutions of higher
170		-	education toward which qualified veterans or military service
171		-	members may be awarded appropriate academic credit for experience,
172		-	education, and training earned during military service; and
173		-	(2) require the transferability between institutions
174		-	of higher education of course credit for curricula developed under
175		-	this section that is awarded to qualified veterans or military
176		-	service members.
177		-	(b) The board shall adopt rules for the administration of
178		-	this section.
179		-	SECTION 7. The Texas Higher Education Coordinating Board
	161	+	SECTION 6. The Texas Higher Education Coordinating Board
180	162		shall adopt the rules required by Subchapter G, Chapter 61,
181	163		Education Code, as amended by this Act, as soon as practicable after
182	164		the effective date of this Act.
183		-	SECTION 8. The Texas Higher Education Coordinating Board
184		-	shall adopt the initial rules required by Section 61.835, Education
185		-	Code, as added by this Act, not later than May 1, 2018.
186		-	SECTION 9. This Act takes effect only if a specific
	165	+	SECTION 7. This Act takes effect only if a specific
187	166		appropriation for the implementation of the Act is provided in a
188	167		general appropriations act of the 85th Legislature.
189		-	SECTION 10. This Act takes effect September 1, 2017.
190		-	______________________________ ______________________________
191		-	President of the Senate Speaker of the House
192		-	I hereby certify that S.B. No. 1781 passed the Senate on
193		-	April 25, 2017, by the following vote: Yeas 29, Nays 2; and that
194		-	the Senate concurred in House amendments on May 27, 2017, by the
195		-	following vote: Yeas 28, Nays 3.
196		-	______________________________
197		-	Secretary of the Senate
198		-	I hereby certify that S.B. No. 1781 passed the House, with
199		-	amendments, on May 23, 2017, by the following vote: Yeas 97,
200		-	Nays 46, three present not voting.
201		-	______________________________
202		-	Chief Clerk of the House
203		-	Approved:
204		-	______________________________
205		-	Date
206		-	______________________________
207		-	Governor
	168	+	SECTION 8. This Act takes effect September 1, 2017.