Texas 2019 - 86th Regular

Texas House Bill HB3657 Compare Versions

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

Old	New	Differences
1	1	86R7829 KJE-D
2	2	By: Turner of Tarrant H.B. No. 3657
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Competency-Based
8	8	Education Grant Program for certain students enrolled in
9	9	competency-based baccalaureate degree programs and to formula
10	10	funding and dropped and repeated course restrictions for students
11	11	enrolled in those degree programs at public institutions of higher
12	12	education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 56, Education Code, is amended by adding
15	15	Subchapter U to read as follows:
16	16	SUBCHAPTER U. TEXAS COMPETENCY-BASED EDUCATION GRANT PROGRAM
17	17	Sec. 56.601. DEFINITIONS. In this subchapter:
18	18	(1) "Competency-based baccalaureate degree program"
19	19	means a baccalaureate degree program under which academic credit is
20	20	awarded based solely on a student's attainment of competencies.
21	21	The term may include a program that is organized around traditional
22	22	course-based units, including for online or other distance
23	23	education, that a student must earn for degree completion.
24	24	(2) "Coordinating board" means the Texas Higher
25	25	Education Coordinating Board.
26	26	(3) "Eligible institution" means:
27	27	(A) a general academic teaching institution;
28	28	(B) a private or independent institution of
29	29	higher education;
30	30	(C) a public junior college authorized to offer
31	31	baccalaureate degree programs under Subchapter L, Chapter 130; or
32	32	(D) a nonprofit, tax-exempt, regionally
33	33	accredited college or university operating in accordance with a
34	34	memorandum of understanding with this state under an executive
35	35	order issued by the governor and offering competency-based,
36	36	exclusively online baccalaureate degree programs.
37	37	(4) "Expected family contribution" means the amount of
38	38	discretionary income that should be available to a student from the
39	39	resources of the student and of the student's family, as determined
40	40	by the coordinating board following the methodology prescribed by
41	41	the United States Department of Education for the purpose of
42	42	determining a student's eligibility for need-based student
43	43	financial assistance.
44	44	(5) "General academic teaching institution," "private
45	45	or independent institution of higher education," and "public junior
46	46	college" have the meanings assigned by Section 61.003.
47	47	(6) "Program" means the Texas Competency-Based
48	48	Education Grant Program established under this subchapter.
49	49	Sec. 56.602. PURPOSE. The purpose of the Texas
50	50	Competency-Based Education Grant Program is to provide financial
51	51	assistance to enable eligible students to enroll in
52	52	competency-based baccalaureate degree programs at eligible
53	53	institutions.
54	54	Sec. 56.603. ADMINISTRATION OF PROGRAM; PRIORITY FOR
55	55	FINANCIAL NEED. (a) The coordinating board shall:
56	56	(1) administer the program;
57	57	(2) using the negotiated rulemaking procedures under
58	58	Chapter 2008, Government Code, adopt rules for determining the
59	59	allocation of funds under the program among eligible institutions;
60	60	and
61	61	(3) adopt any other rules necessary to implement the
62	62	program or this subchapter.
63	63	(b) The coordinating board shall consult with the student
64	64	financial aid officers of eligible institutions in developing the
65	65	rules adopted under Subsection (a).
66	66	(c) The total amount of grants awarded under the program may
67	67	not exceed the amount available for the program from
68	68	appropriations, gifts, grants, or other funds.
69	69	(d) In determining who should receive a grant under the
70	70	program, the coordinating board and the eligible institutions shall
71	71	give highest priority to awarding grants to students who
72	72	demonstrate the greatest unmet financial need.
73	73	Sec. 56.604. INITIAL ELIGIBILITY FOR GRANT. (a) To be
74	74	eligible initially for a grant under the program, a person must:
75	75	(1) be a resident of this state as determined by
76	76	coordinating board rules;
77	77	(2) meet financial need requirements as defined by
78	78	coordinating board rules, including a requirement that the person's
79	79	expected family contribution for the academic year does not exceed
80	80	the maximum expected family contribution established for this
81	81	purpose by the coordinating board;
82	82	(3) be enrolled in a competency-based baccalaureate
83	83	degree program at an eligible institution;
84	84	(4) not be receiving a TEXAS grant under Subchapter M,
85	85	a tuition equalization grant under Subchapter F, Chapter 61, or any
86	86	other state-funded student financial assistance for the same
87	87	academic period; and
88	88	(5) comply with any additional nonacademic
89	89	requirement adopted by the coordinating board under this
90	90	subchapter.
91	91	(b) A person is not eligible to receive a grant under the
92	92	program if the person has been granted a baccalaureate degree.
93	93	(c) A person's eligibility for a grant under the program
94	94	ends on the earliest of the following dates:
95	95	(1) the fourth anniversary of the initial award of a
96	96	grant under the program to the person, if at the time of the initial
97	97	award the person had earned less than 60 semester credit hours or an
98	98	equivalent number of competency units or credits toward the
99	99	person's degree;
100	100	(2) the second anniversary of the initial award of a
101	101	grant under the program to the person, if at the time of the initial
102	102	award the person had earned 60 or more semester credit hours or an
103	103	equivalent number of competency units or credits toward the
104	104	person's degree; or
105	105	(3) the date the person receives a baccalaureate
106	106	degree.
107	107	Sec. 56.605. CONTINUING ELIGIBILITY AND ACADEMIC
108	108	PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a
109	109	grant under the program, a person may continue to receive a grant
110	110	under the program during each semester or term in which the person
111	111	is enrolled at an eligible institution only if the person:
112	112	(1) meets the criteria for initial eligibility under
113	113	Section 56.604(a);
114	114	(2) makes satisfactory academic progress toward a
115	115	baccalaureate degree; and
116	116	(3) complies with any additional nonacademic
117	117	requirement adopted by the coordinating board.
118	118	(b) If a person fails to meet any of the requirements of
119	119	Subsection (a) after the completion of any semester or term, the
120	120	person may not receive a grant under the program during the next
121	121	semester or term in which the person enrolls. Unless the person's
122	122	eligibility for a grant expires under Section 56.604(c), a person
123	123	may become eligible to receive a grant under the program in a
124	124	subsequent semester or term if the person:
125	125	(1) completes at least 12 semester credit hours or an
126	126	equivalent number of competency units or credits in a semester or
127	127	term during which the student is not eligible for a grant; and
128	128	(2) meets all the requirements of Subsection (a).
129	129	(c) For the purpose of this section, a person makes
130	130	satisfactory academic progress toward a baccalaureate degree only
131	131	if the person completes at least 12 semester credit hours or an
132	132	equivalent number of competency units or credits in each semester
133	133	or term in which the person is enrolled.
134	134	(d) The coordinating board shall adopt rules to allow a
135	135	person who is otherwise eligible to receive a grant under the
136	136	program to receive a grant if the student's completion rate falls
137	137	below the satisfactory academic progress requirements of this
138	138	section in the event of a hardship or for other good cause shown,
139	139	including:
140	140	(1) a showing of a severe illness or other
141	141	debilitating condition that may affect the person's academic
142	142	performance; or
143	143	(2) a showing that the person is responsible for the
144	144	care of a sick, injured, or needy person and that the person's
145	145	provision of care may affect the person's academic performance.
146	146	Sec. 56.606. GRANT USE. A person receiving a grant under
147	147	the program may use the money to pay any usual and customary cost of
148	148	attendance at an eligible institution incurred by the student. The
149	149	institution may disburse all or part of the proceeds of a grant
150	150	under the program to an eligible person only if the tuition and
151	151	required fees incurred by the person at the institution have been
152	152	paid.
153	153	Sec. 56.607. GRANT AMOUNT. (a) The maximum annual amount
154	154	of a grant under the program for a full-time undergraduate student
155	155	equivalent enrolled at an eligible institution is an amount equal
156	156	to 75 percent of the average state appropriation for the state
157	157	fiscal biennium preceding the biennium in which the grant is
158	158	awarded for a full-time undergraduate student equivalent enrolled
159	159	at a general academic teaching institution, as determined by the
160	160	coordinating board.
161	161	(b) The coordinating board may adopt rules that allow the
162	162	coordinating board to increase or decrease, in proportion to the
163	163	number of semester credit hours or competency units or credits in
164	164	which a student is enrolled, the amount of a grant award to a
165	165	student who is enrolled in a number of semester credit hours or
166	166	competency units or credits in excess of or below 12 semester credit
167	167	hours or an equivalent number of competency units or credits.
168	168	Sec. 56.608. GRANT NOT TO AFFECT ADMISSION. An eligible
169	169	institution may not deny admission to or enrollment in the
170	170	institution based on a person's eligibility to receive a grant
171	171	under the program or a person's receipt of a grant under the
172	172	program.
173	173	SECTION 2. Section 51.907, Education Code, is amended by
174	174	adding Subsection (b-1) to read as follows:
175	175	(b-1) This section does not apply to a student enrolled in a
176	176	competency-based baccalaureate degree program, as defined by
177	177	Section 56.601.
178	178	SECTION 3. Section 61.059, Education Code, is amended by
179	179	adding Subsection (s) to read as follows:
180	180	(s) Notwithstanding any other law, the board may not exclude
181	181	from being counted in the hours reported to the Legislative Budget
182	182	Board for formula funding contact hours or semester credit hours
183	183	for a student's enrollment in a course for which the student has
184	184	previously generated formula funding if the student is enrolled in
185	185	a competency-based baccalaureate degree program, as defined by
186	186	Section 56.601.
187	187	SECTION 4. Section 61.0595, Education Code, is amended by
188	188	adding Subsection (f-1) to read as follows:
189	189	(f-1) In the formulas established under Section 61.059, the
190	190	board shall include without consideration of Subsection (a) or (e)
191	191	funding for semester credit hours earned by a student who is
192	192	enrolled in a competency-based baccalaureate degree program, as
193	193	defined by Section 56.601.
194	194	SECTION 5. Subchapter C, Chapter 61, Education Code, is
195	195	amended by adding Section 61.088 to read as follows:
196	196	Sec. 61.088. DROPPED OR REPEATED COURSES UNDER
197	197	COMPETENCY-BASED BACCALAUREATE DEGREE PROGRAM. The board by rule
198	198	shall develop standards for and limitations on dropping or
199	199	repeating courses by students enrolled in a competency-based
200	200	baccalaureate degree program, as defined by Section 56.601.
201	201	SECTION 6. Section 51.907(b-1), Education Code, as added by
202	202	this Act, applies beginning with the fall 2019 semester.
203	203	SECTION 7. (a) The Texas Higher Education Coordinating
204	204	Board shall adopt rules to administer Subchapter U, Chapter 56,
205	205	Education Code, as added by this Act, as soon as practicable after
206	206	the effective date of this Act.
207	207	(b) The Texas Higher Education Coordinating Board shall
208	208	begin allocating funds to eligible institutions under Subchapter U,
209	209	Chapter 56, Education Code, as added by this Act, for the first
210	210	academic year for which money is appropriated for that purpose,
211	211	except that the coordinating board may not allocate funds under
212	212	that subchapter for an academic year before the 2020-2021 academic
213	213	year.
214	214	SECTION 8. The changes in law made by this Act to Sections
215	215	61.059 and 61.0595, Education Code, apply beginning with funding
216	216	recommendations made under Section 61.059, Education Code, for the
217	217	state fiscal biennium beginning September 1, 2021.
218	218	SECTION 9. The Texas Higher Education Coordinating Board
219	219	shall adopt rules under Section 61.088, Education Code, as added by
220	220	this Act, as soon as practicable after this Act takes effect.
221	221	SECTION 10. This Act takes effect immediately if it
222	222	receives a vote of two-thirds of all the members elected to each
223	223	house, as provided by Section 39, Article III, Texas Constitution.
224	224	If this Act does not receive the vote necessary for immediate
225	225	effect, this Act takes effect September 1, 2019.