By: Bowers, et al. (Senate Sponsor - Kolkhorst) H.B. No. 5264
(In the Senate - Received from the House May 8, 2023;
May 10, 2023, read first time and referred to Committee on Natural
Resources & Economic Development; May 22, 2023, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 22, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 5264 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and use of certain performance indicators
to measure and evaluate career school or college programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 132, Education Code, is
amended by adding Section 132.027 to read as follows:
Sec. 132.027. PERFORMANCE INDICATORS. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003.
(b) The commission shall adopt a set of performance
indicators for the purpose of measuring and evaluating career
schools or colleges and the quality of the learning and achievement
of students enrolled in programs operated by career schools or
colleges. The commission periodically shall review the indicators
and make appropriate revisions based on that review.
(c) The performance indicators adopted under Subsection (b)
must allow for the assessment of a career school or college program
with respect to:
(1) industry recognition of the program and the
corresponding value that industry attaches to the program and to
any certifications or licenses related to the program;
(2) the rate at which students are able to
successfully complete the program;
(3) the availability of a program-related
certification or license after a student completes the program;
(4) the likelihood that a certification or license
related to the program will:
(A) lead to postsecondary work, an
apprenticeship program, or established industry credentials; or
(B) support employment in this state;
(5) whether a program-related certification or
license will be awarded by an independent third-party organization
using predetermined standards for knowledge, skills, and
competencies;
(6) the inclusion of accepted best practices for the
program that align to best practices contained in:
(A) widely accepted industry standards; or
(B) standards established by an independent
third-party organization with expertise in gathering information
from employers related to the value attached to any certifications
or licenses related to the program; and
(7) for a nursing education program, whether the
program has resulted in a decrease in the number of clinical
practice positions available to students enrolled in nursing
programs in institutions of higher education in the region in which
the program is offered.
(d) The commission shall:
(1) develop a methodology for determining the minimum
acceptable standards for a career school or college based on the
performance indicators adopted under Subsection (b);
(2) evaluate annually between 15 and 20 percent of
career school and college programs in this state for compliance
with the minimum acceptable standards described by Subdivision (1);
and
(3) coordinate with the Texas Board of Nursing and
other appropriate state agencies in implementing and administering
this section.
(e) A career school or college offering a program that fails
to meet the minimum standards developed under Subsection (d) is
ineligible to:
(1) enter into a contract with a local workforce
development board with respect to that program; or
(2) obtain nursing clinical practice positions in this
state until the career school or college provides evidence
satisfactory to the commission and the Texas Board of Nursing that a
nursing education program offered by the career school or college
will not result in a decrease in the number of nursing clinical
practice positions available to students enrolled in nursing
programs in institutions of higher education in the region in which
the program is offered.
(f) Not later than September 1 of each year, the commission
shall publish a list of each career school and college program that
has been reviewed by the commission and that meets the minimum
acceptable standards developed under Subsection (d).
(g) Rules adopted by the commission under Section 132.021
must include rules for the periodic review of performance
indicators.
(h) On request by the commission, the Texas Board of Nursing
and other appropriate state agencies shall coordinate with the
commission for purposes of Subsection (d)(3), including by
providing available data or other information to the commission.
SECTION 2. Not later than September 1, 2025, the Texas
Workforce Commission shall publish the initial list required under
Section 132.027(f), Education Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.
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