Texas 2023 - 88th Regular

Texas House Bill HB8 Compare Versions

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11 H.B. No. 8
22
33
44 AN ACT
55 relating to public higher education, including the public junior
66 college state finance program.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 7.040(a), Education Code, is amended to
99 read as follows:
1010 (a) The agency shall prepare information comparing
1111 institutions of higher education in this state and post the
1212 information on the agency's Internet website. Information prepared
1313 under this section shall be made publicly available in a manner that
1414 is accessible [given] to any [a] public or private school student
1515 seeking [who requests] the information. The information shall:
1616 (1) identify postsecondary education and career
1717 opportunities, including information that states the benefits of
1818 four-year and two-year higher education programs, postsecondary
1919 technical education, skilled workforce careers, and career
2020 education programs;
2121 (2) assist prospective postsecondary students in
2222 assessing the value of a certificate program, associate or
2323 baccalaureate degree program, or other credential program offered
2424 by an institution of higher education by comparing [compare] each
2525 institution [of higher education] with other institutions using
2626 information included in the electronic tools or platforms developed
2727 by the Texas Higher Education Coordinating Board under Section
2828 61.09022(a) [regarding:
2929 [(A) the relative cost of tuition;
3030 [(B) the retention rate of students;
3131 [(C) the graduation rate of students;
3232 [(D) the average student debt;
3333 [(E) the loan repayment rate of students; and
3434 [(F) the employment rate of students];
3535 (3) identify the state's future workforce needs, as
3636 projected by the Texas Workforce Commission; [and]
3737 (4) include annual starting wage information and
3838 educational requirements for the top 25 [10] highest demand jobs in
3939 this state, as identified by the Texas Workforce Commission;
4040 (5) identify the 40 baccalaureate degree programs with
4141 the highest average annual wages following graduation; and
4242 (6) identify the 20 associate degree or certificate
4343 programs with the highest average annual wages following
4444 graduation.
4545 SECTION 2. Section 28.009(b-2), Education Code, is amended
4646 to read as follows:
4747 (b-2) Any agreement, including a memorandum of
4848 understanding or articulation agreement, between a school district
4949 and public institution of higher education to provide a dual credit
5050 program described by Subsection (b-1) must:
5151 (1) include specific program goals aligned with the
5252 statewide goals developed under Subsection (b-1);
5353 (2) establish common advising strategies and
5454 terminology related to dual credit and college readiness;
5555 (3) provide for the alignment of endorsements
5656 described by Section 28.025(c-1) offered by the district, and dual
5757 credit courses offered under the agreement that apply towards those
5858 endorsements, with postsecondary pathways and credentials at the
5959 institution and industry certifications;
6060 (4) identify tools, including tools developed by the
6161 agency, the Texas Higher Education Coordinating Board, or the Texas
6262 Workforce Commission, to assist school counselors, students, and
6363 families in selecting endorsements offered by the district and dual
6464 credit courses offered under the agreement;
6565 (5) establish, or provide a procedure for
6666 establishing, the course credits that may be earned under the
6767 agreement, including by developing a course equivalency crosswalk
6868 or other method for equating high school courses with college
6969 courses and identifying the number of credits that may be earned for
7070 each course completed through the program;
7171 (6) describe the academic supports and, if applicable,
7272 guidance that will be provided to students participating in the
7373 program;
7474 (7) establish the district's and the institution's
7575 respective roles and responsibilities in providing the program and
7676 ensuring the quality and instructional rigor of the program;
7777 (8) state the sources of funding for courses offered
7878 under the program, including, at a minimum, the sources of funding
7979 for tuition, transportation, and any required fees or textbooks for
8080 students participating in the program;
8181 (9) require the district and the institution to
8282 consider the use of free or low-cost open educational resources in
8383 courses offered under the program;
8484 (10) ensure the accurate and timely exchange of
8585 information necessary for an eligible student to enroll at no cost
8686 in a dual credit course as provided by Section 28.0095;
8787 (11) be posted each year on the district's and the
8888 institution's respective Internet websites; and
8989 (12) [(11)] designate at least one employee of the
9090 district or institution as responsible for providing academic
9191 advising to a student who enrolls in a dual credit course under the
9292 program before the student begins the course.
9393 SECTION 3. Subchapter A, Chapter 28, Education Code, is
9494 amended by adding Section 28.0095 to read as follows:
9595 Sec. 28.0095. FINANCIAL AID FOR SWIFT TRANSFER (FAST)
9696 PROGRAM. (a) In this section:
9797 (1) "Charter school" means a charter school operating
9898 under Chapter 12.
9999 (2) "Coordinating board" means the Texas Higher
100100 Education Coordinating Board.
101101 (3) "Dual credit course" includes a course offered for
102102 joint high school and junior college credit under Section 130.008
103103 or another course offered by an institution of higher education for
104104 which a high school student may earn credit toward satisfaction of:
105105 (A) a requirement necessary to obtain an
106106 industry-recognized credential or certificate or an associate
107107 degree;
108108 (B) a foreign language requirement at an
109109 institution of higher education;
110110 (C) a requirement in the core curriculum, as that
111111 term is defined by Section 61.821, at an institution of higher
112112 education; or
113113 (D) a requirement in a field of study curriculum
114114 developed by the coordinating board under Section 61.823.
115115 (4) "Institution of higher education" has the meaning
116116 assigned by Section 61.003.
117117 (b) The agency and the coordinating board shall jointly
118118 establish the Financial Aid for Swift Transfer (FAST) program to
119119 allow eligible students to enroll at no cost to the student in dual
120120 credit courses at participating institutions of higher education.
121121 (c) A student is eligible to enroll at no cost in a dual
122122 credit course under the program if the student:
123123 (1) is enrolled:
124124 (A) in high school in a school district or
125125 charter school; and
126126 (B) in a dual credit course at a participating
127127 institution of higher education; and
128128 (2) was educationally disadvantaged at any time during
129129 the four school years preceding the student's enrollment in the
130130 dual credit course described by Subdivision (1)(B).
131131 (d) An institution of higher education is eligible to
132132 participate in the program only if the institution charges for each
133133 dual credit course offered by the institution an amount of tuition
134134 that does not exceed the amount prescribed by coordinating board
135135 rule.
136136 (e) Each school district or charter school shall:
137137 (1) on a high school student's enrollment in a dual
138138 credit course, determine whether the student meets the criteria for
139139 the program under Subsection (c)(2); and
140140 (2) notify the institution of higher education that
141141 offers the dual credit course in which the student is enrolled of
142142 the district's or school's determination under Subdivision (1).
143143 (f) A school district or charter school may make the
144144 determination under Subsection (e)(1) based on the district's or
145145 school's records, the agency's records, or any other method
146146 authorized by commissioner or coordinating board rule. If the
147147 district or school bases the determination on a method other than
148148 the agency's records, the district or school shall report the
149149 method used and the data on which the method is based to the agency
150150 for purposes of verification.
151151 (g) At least once each year, a participating institution of
152152 higher education shall certify to the agency and the coordinating
153153 board the student's eligibility for the program. Notwithstanding
154154 Section 54.051, a participating institution of higher education may
155155 not charge tuition or fees for the enrollment in a dual credit
156156 course at the institution of a student for whom the institution
157157 receives notice under Subsection (e)(2).
158158 (h) The coordinating board shall distribute money
159159 transferred to the coordinating board under Section 48.308 to the
160160 participating institutions of higher education in proportion to the
161161 number of dual credit courses in which eligible students are
162162 enrolled at the institution.
163163 (i) The commissioner and the commissioner of higher
164164 education shall coordinate as necessary to:
165165 (1) confirm an eligible student's enrollment in a
166166 participating institution of higher education; and
167167 (2) obtain or share data necessary to verify a
168168 student's eligibility under Subsection (c)(2).
169169 (j) The commissioner and the coordinating board shall adopt
170170 rules as necessary to implement this section. Notwithstanding
171171 Section 61.033, the coordinating board is not required to use
172172 negotiated rulemaking procedures under Chapter 2008, Government
173173 Code, for the adoption of rules under this section.
174174 SECTION 4. Section 28.010(a), Education Code, is amended to
175175 read as follows:
176176 (a) Each school year, a school district shall notify the
177177 parent of each district student enrolled in grade nine or above of:
178178 (1) the availability of:
179179 (A) programs in the district under which a
180180 student may earn college credit, including advanced placement
181181 programs, dual credit programs, joint high school and college
182182 credit programs, and international baccalaureate programs;
183183 (B) career and technology education programs or
184184 other work-based education programs in the district, including any
185185 internship, externship, or apprenticeship programs or a P-TECH
186186 program under Subchapter N, Chapter 29; [and]
187187 (C) subsidies based on financial need available
188188 for fees paid to take college advanced placement tests or
189189 international baccalaureate examinations under Section 28.054; and
190190 (D) funding for enrollment in dual credit courses
191191 under Section 28.0095; and
192192 (2) the qualifications for:
193193 (A) enrolling in programs described by
194194 Subdivision (1)(A) or (B); or
195195 (B) funding described by Subdivision (1)(D).
196196 SECTION 5. Section 28.0253(a)(2), Education Code, is
197197 amended to read as follows:
198198 (2) "Eligible institution" means an institution of
199199 higher education [that is designated as a research university or
200200 emerging research university under the coordinating board's
201201 accountability system].
202202 SECTION 6. Section 28.0253(e), Education Code, is amended
203203 to read as follows:
204204 (e) A school district or open-enrollment charter school
205205 shall allow a student to graduate and receive [may issue] a high
206206 school diploma [to a student] under the program if, using the
207207 standards established under Subsection (c), the student
208208 demonstrates mastery of and early readiness for college in each of
209209 the subject areas described by that subsection and in a language
210210 other than English, notwithstanding any other local or state
211211 requirements.
212212 SECTION 7. Section 29.908(b), Education Code, is amended to
213213 read as follows:
214214 (b) The program must:
215215 (1) provide for a course of study that enables a
216216 participating student to combine high school courses and
217217 college-level courses during grade levels 9 through 12;
218218 (2) allow a participating student to complete high
219219 school and enroll in a program at an institution of higher education
220220 that will enable the student to, on or before the fifth anniversary
221221 of the date of the student's first day of high school, receive a
222222 high school diploma and either:
223223 (A) an applied associate degree, as defined by
224224 Texas Higher Education Coordinating Board rule; or
225225 (B) an academic associate degree, as defined by
226226 Texas Higher Education Coordinating Board rule, with a completed
227227 field of study curriculum developed under Section 61.823 that is
228228 transferable [at least 60 semester credit hours] toward a
229229 baccalaureate degree at one or more general academic teaching
230230 institutions, as defined by Section 61.003;
231231 (3) include articulation agreements with colleges,
232232 universities, and technical schools in this state to provide a
233233 participating student access to postsecondary educational and
234234 training opportunities at a college, university, or technical
235235 school; and
236236 (4) provide a participating student flexibility in
237237 class scheduling and academic mentoring.
238238 SECTION 8. Subchapter G, Chapter 48, Education Code, is
239239 amended by adding Section 48.308 to read as follows:
240240 Sec. 48.308. ALLOTMENT FOR FINANCIAL AID FOR SWIFT TRANSFER
241241 (FAST) PROGRAM. (a) In this section:
242242 (1) "Coordinating board" means the Texas Higher
243243 Education Coordinating Board.
244244 (2) "FAST program" means the Financial Aid for Swift
245245 Transfer (FAST) program under Section 28.0095.
246246 (b) An institution of higher education participating in the
247247 FAST program is entitled to an allotment in an amount equal to the
248248 amount of tuition set by coordinating board rule under Section
249249 28.0095(d) for each dual credit course in which a student eligible
250250 to participate in the FAST program is enrolled at the institution.
251251 (c) The agency shall transfer the total amount of allotments
252252 under this section to the coordinating board for distribution in
253253 accordance with Section 28.0095(h).
254254 (d) The agency and the coordinating board shall coordinate
255255 as necessary to implement this section.
256256 (e) The legislature shall include in amounts appropriated
257257 for the Foundation School Program an amount of state aid sufficient
258258 for the agency to make the transfer required under Subsection (c).
259259 SECTION 9. Section 51.4033, Education Code, is amended to
260260 read as follows:
261261 Sec. 51.4033. REPORT OF NONTRANSFERABLE CREDIT. (a) Not
262262 later than May [March] 1 of each year and in the form prescribed by
263263 the coordinating board, each general academic teaching institution
264264 shall provide to the coordinating board and the legislature a
265265 report describing any courses in the Lower-Division Academic Course
266266 Guide Manual or its successor adopted by the coordinating board for
267267 which a student who transfers to the institution from another
268268 institution of higher education is not granted:
269269 (1) academic credit at the receiving institution; or
270270 (2) if the student has declared a major and has not
271271 changed majors, academic credit toward the student's major at the
272272 receiving institution.
273273 (b) A report required by this section must indicate:
274274 (1) the course name and type;
275275 (2) which institution of higher education provided
276276 academic credit for the course; and
277277 (3) the reason why the receiving institution did not
278278 grant academic credit for the course as described by Subsection
279279 (a), including whether the institution complied with the dispute
280280 resolution process under Section 61.826.
281281 SECTION 10. Section 51.4034(a), Education Code, is amended
282282 to read as follows:
283283 (a) Not later than May [March] 1 of each year and in the form
284284 prescribed by the coordinating board, each public junior college
285285 shall provide to the coordinating board and the legislature a
286286 report on courses taken by students who, during the preceding
287287 academic year, transferred to a general academic teaching
288288 institution or earned an associate degree at the college.
289289 SECTION 11. Section 51.762(b-1), Education Code, is amended
290290 to read as follows:
291291 (b-1) An electronic common admission application form
292292 adopted under this section must include a prominent link to the
293293 electronic tools or platforms developed by the board under Section
294294 61.09022 [comparative gainful employment data regarding
295295 institutions of higher education, including information described
296296 by Section 7.040, on a website maintained by the board using data
297297 compiled by the board in coordination with the Texas Workforce
298298 Commission].
299299 SECTION 12. Section 51.763(b), Education Code, is amended
300300 to read as follows:
301301 (b) The form must:
302302 (1) allow each applicant to:
303303 (A) apply electronically to one or more of the
304304 general academic teaching institutions within the university
305305 system; and
306306 (B) indicate preferences for admission between
307307 those institutions; and
308308 (2) include a prominent link to the electronic tools
309309 or platforms developed by the board under Section 61.09022
310310 [comparative gainful employment data regarding institutions of
311311 higher education, including information described by Section
312312 7.040, on a website maintained by the board using data compiled by
313313 the board in coordination with the Texas Workforce Commission].
314314 SECTION 13. Section 51.907, Education Code, is amended by
315315 adding Subsections (c-1) and (c-2) to read as follows:
316316 (c-1) An institution of higher education may not count
317317 toward the number of courses permitted to be dropped under
318318 Subsection (c) or a policy adopted under Subsection (d) a course
319319 that a student dropped while enrolled in a baccalaureate degree
320320 program previously earned by the student.
321321 (c-2) An institution of higher education may not count
322322 toward the number of courses permitted to be dropped under
323323 Subsection (c) or a policy adopted under Subsection (d) a dual
324324 credit or dual enrollment course that a student dropped before
325325 graduating from high school.
326326 SECTION 14. Section 54.3531(b), Education Code, is amended
327327 to read as follows:
328328 (b) Notwithstanding Subsection (a), a student may not
329329 receive an exemption under this section for any course if the
330330 student has previously attempted a number of semester credit hours
331331 for courses taken at any institution of higher education while
332332 classified as a resident student for tuition purposes in excess of
333333 the maximum number of those hours specified by Section 61.0595(a)
334334 as eligible for funding under the formulas established under
335335 Section 61.059 or Chapter 130A.
336336 SECTION 15. Section 56.221(2), Education Code, is amended
337337 to read as follows:
338338 (2) "Eligible institution" means an institution of
339339 higher education, as that term is defined by Section 61.003[, that
340340 is designated as a research university or emerging research
341341 university under the coordinating board's accountability system].
342342 SECTION 16. Section 56.407(g), Education Code, is amended
343343 to read as follows:
344344 (g) An institution may use other available sources of
345345 financial aid, other than a loan [or a Pell grant], to cover any
346346 difference in the amount of a grant under this subchapter and the
347347 actual amount of tuition and required fees at the institution.
348348 SECTION 17. Sections 61.003(2), (11), and (12), Education
349349 Code, are amended to read as follows:
350350 (2) "Public junior college" means any junior college
351351 listed as a public junior college [certified by the board] in
352352 accordance with Section 61.063 [of this chapter].
353353 (11) "Degree program" means any grouping of subject
354354 matter courses which, when satisfactorily completed by a student,
355355 will entitle the student [him] to:
356356 (A) a degree from a public senior college or
357357 university or a medical or dental unit; or
358358 (B) an academic associate degree, as defined by
359359 board rule, or baccalaureate degree from a public junior college.
360360 (12) "Certificate program" means a grouping of
361361 subject-matter courses which, when satisfactorily completed by a
362362 student, will entitle the student [him] to:
363363 (A) a certificate;
364364 (B) an[,] associate degree, other than an
365365 academic associate degree, as defined by board rule, from a
366366 technical institute or junior college; or
367367 (C) [, or] documentary evidence, other than a
368368 degree, of completion of a course of study at the postsecondary
369369 level.
370370 SECTION 18. The heading to Section 61.031, Education Code,
371371 is amended to read as follows:
372372 Sec. 61.031. PUBLIC [INTEREST] INFORMATION AND COMPLAINTS.
373373 SECTION 19. Section 61.031, Education Code, is amended by
374374 adding Subsection (d) to read as follows:
375375 (d) Notwithstanding any other provision of law, information
376376 that relates to a current, former, or prospective applicant or
377377 student of an educational institution and that is obtained,
378378 received, or held by the board for the purpose of providing
379379 assistance with access to postsecondary education shall be
380380 considered confidential and excepted from disclosure under Chapter
381381 552, Government Code, and may only be released in conformity with
382382 the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
383383 Section 1232g). The board may withhold information prohibited from
384384 being disclosed under this subsection without requesting a decision
385385 from the attorney general under Subchapter G, Chapter 552,
386386 Government Code.
387387 SECTION 20. Section 61.051, Education Code, is amended by
388388 adding Subsection (b) to read as follows:
389389 (b) The board may participate in the establishment and
390390 operation of an affiliated nonprofit organization whose purpose is
391391 to raise money for or provide services or other benefits to the
392392 board.
393393 SECTION 21. Section 61.0571, Education Code, is amended by
394394 adding Subsections (c), (d), (e), and (f) to read as follows:
395395 (c) The board may provide administrative support and
396396 services to institutions of higher education as necessary to
397397 implement this chapter, Chapter 130, or Chapter 130A.
398398 (d) The board may establish an institutional collaboration
399399 center within the board to support the implementation of Chapter
400400 130A and the efficient and effective operations of institutions of
401401 higher education.
402402 (e) From money appropriated or otherwise available for the
403403 purpose, the board may procure goods and services for the direct
404404 benefit of an institution of higher education and enter into an
405405 interagency contract under Chapter 771, Government Code, with the
406406 institution to reimburse the board for the cost of the goods and
407407 services.
408408 (f) An affiliated nonprofit organization described by
409409 Section 61.051(b) may accept gifts, grants, or donations from any
410410 public or private source to pay for goods or services procured for
411411 the direct benefit of an institution of higher education under
412412 Subsection (e).
413413 SECTION 22. Section 61.059, Education Code, is amended by
414414 amending Subsections (b), (b-1), and (r) and adding Subsection (s)
415415 to read as follows:
416416 (b) The board shall devise, establish, and periodically
417417 review and revise formulas for the use of the governor and the
418418 Legislative Budget Board in making appropriations recommendations
419419 to the legislature for [all] institutions of higher education other
420420 than public junior colleges funded under Chapter 130A[, including
421421 the funding of postsecondary vocational-technical programs]. As a
422422 specific element of the periodic review, the board shall study and
423423 recommend changes in the funding formulas based on the role and
424424 mission statements of those institutions of higher education. In
425425 carrying out its duties under this section, the board shall employ
426426 an ongoing process of committee review and expert testimony and
427427 analysis.
428428 (b-1) A committee under Subsection (b) must be composed of
429429 representatives of a cross-section of institutions representing
430430 each of the institutional groupings under the board's
431431 accountability system, other than public junior colleges funded
432432 under Chapter 130A. The commissioner of higher education shall
433433 solicit recommendations for the committee's membership from the
434434 chancellor of each university system and from the president of each
435435 institution of higher education that is not a component of a
436436 university system. The chancellor of a university system may
437437 [shall] recommend to the commissioner at least one institutional
438438 representative for each institutional grouping to which a component
439439 of the university system is assigned. The president of an
440440 institution of higher education that is not a component of a
441441 university system may [shall] recommend to the commissioner at
442442 least one institutional representative for the institutional
443443 grouping to which the institution is assigned.
444444 (r) The board shall exclude contact hours or semester credit
445445 hours related to a course for which a student is generating formula
446446 funding for the third time from the contact hours or semester credit
447447 hours reported for formula funding purposes.
448448 (s) Notwithstanding any other law, the board may not exclude
449449 from the number of semester credit hours reported [to the
450450 Legislative Budget Board] for formula funding under this section or
451451 Chapter 130A semester credit hours for any course taken up to three
452452 times by a student who:
453453 (1) has reenrolled at an institution of higher
454454 education following a break in enrollment from the institution or
455455 another institution of higher education covering the 24-month
456456 period preceding the first class day of the initial semester or
457457 other academic term of the student's reenrollment; and
458458 (2) successfully completed at least 50 semester credit
459459 hours of course work at an institution of higher education before
460460 that break in enrollment.
461461 SECTION 23. Sections 61.0595(a), (d), and (f), Education
462462 Code, are amended to read as follows:
463463 (a) In the formulas established under Section 61.059 or
464464 Chapter 130A, the board may not include funding for semester credit
465465 hours earned by a resident undergraduate student who before the
466466 semester or other academic session begins has previously attempted
467467 a number of semester credit hours for courses taken at any
468468 institution of higher education while classified as a resident
469469 student for tuition purposes that exceeds the number of semester
470470 credit hours required for completion of the degree program or
471471 programs in which the student is enrolled, including minors and
472472 double majors, and for completion of any certificate or other
473473 special program in which the student is also enrolled, including a
474474 program with a study-abroad component, by at least:
475475 (1) for an associate degree program, 15 hours; or
476476 (2) for a baccalaureate degree program, 30 hours.
477477 (d) The following are not counted for purposes of
478478 determining whether the student has previously earned the number of
479479 semester credit hours specified by Subsection (a):
480480 (1) semester credit hours earned by the student before
481481 receiving a baccalaureate degree that has previously been awarded
482482 to the student;
483483 (2) semester credit hours earned by the student by
484484 examination or under any other procedure by which credit is earned
485485 without registering for a course for which tuition is charged;
486486 (3) credit for a remedial education course, a
487487 technical course, a workforce education course funded according to
488488 contact hours, or another course that does not count toward a degree
489489 program at the institution;
490490 (4) semester credit hours earned by the student at a
491491 private institution or an out-of-state institution;
492492 (5) semester credit hours earned by the student before
493493 graduating from high school and used to satisfy high school
494494 graduation requirements; [and]
495495 (6) the first additional 15 semester credit hours
496496 earned toward a degree program by a student who:
497497 (A) has reenrolled at an institution of higher
498498 education following a break in enrollment from the institution or
499499 another institution of higher education covering the 24-month
500500 period preceding the first class day of the initial semester or
501501 other academic term of the student's reenrollment; and
502502 (B) successfully completed at least 50 semester
503503 credit hours of course work at an institution of higher education
504504 before that break in enrollment; and
505505 (7) semester credit hours earned by the student before
506506 receiving an associate degree that has been previously awarded to
507507 the student.
508508 (f) In the formulas established under Section 61.059 or
509509 Chapter 130A, the board shall include without consideration of
510510 Subsection (a) funding for semester credit hours earned by a
511511 student who initially enrolled as an undergraduate student in any
512512 institution of higher education before the 1999 fall semester.
513513 SECTION 24. Section 61.063, Education Code, is amended to
514514 read as follows:
515515 Sec. 61.063. LISTING [AND CERTIFICATION] OF PUBLIC JUNIOR
516516 COLLEGES; ELIGIBILITY FOR STATE APPROPRIATIONS. (a) The
517517 commissioner of higher education shall file with the [state]
518518 comptroller and the state auditor on or before September [October]
519519 1 of each year a list of each [the] public junior college [colleges]
520520 in this state that has certified to the board under Section 130.003
521521 that the college is in compliance with the requirements of
522522 Subsection (b) of that section.
523523 (b) [The commissioner shall certify the names of those
524524 colleges that have complied with the standards, rules, and
525525 regulations prescribed by the board.] Only a public junior college
526526 included on the list under Subsection (a) is [those colleges which
527527 are so certified shall be] eligible for and may receive money
528528 appropriated [any appropriation made] by the legislature to public
529529 junior colleges.
530530 SECTION 25. Subchapter C, Chapter 61, Education Code, is
531531 amended by adding Section 61.09022 to read as follows:
532532 Sec. 61.09022. INFORMATION TO ASSIST STUDENTS IN ASSESSING
533533 VALUE OF POSTSECONDARY CREDENTIALS. (a) From money appropriated
534534 or otherwise available for the purpose, the board shall develop one
535535 or more electronic tools or platforms to provide information to
536536 assist prospective postsecondary students in assessing the value of
537537 a certificate program, associate or baccalaureate degree program,
538538 or other credential program offered by an institution of higher
539539 education or private or independent institution of higher education
540540 by comparing each institution with other institutions regarding:
541541 (1) the relative cost of obtaining the certificate,
542542 degree, or other credential, based on the most recent data
543543 available to the board from the Texas Workforce Commission,
544544 institutions of higher education, the federal government, or any
545545 other source from which the board may obtain reliable data,
546546 including:
547547 (A) the cost for each of the following at the 25th
548548 percentile, the median, and the 75th percentile:
549549 (i) total cost of attendance;
550550 (ii) tuition and fees;
551551 (iii) room and board;
552552 (iv) books and supplies;
553553 (v) transportation; and
554554 (vi) other costs; and
555555 (B) the estimated net cost remaining after
556556 subtracting from the amount described by Paragraph (A) the average
557557 amount of scholarship and grant aid awarded to the typical student
558558 for the program;
559559 (2) the value of the certificate, degree, or other
560560 credential as measured by comparing:
561561 (A) the median wage earned by students who
562562 graduated with the certificate, degree, or other credential from
563563 the institution; and
564564 (B) the median student debt of students who
565565 graduated with the certificate, degree, or other credential from
566566 the institution as compared to the median student debt of all
567567 students who graduated with the certificate, degree, or other
568568 credential, based on the most recent data available to the board
569569 from the Texas Workforce Commission, institutions of higher
570570 education, the federal government, or any other source from which
571571 the board may obtain reliable data;
572572 (3) the average student debt-to-income ratio of
573573 students who graduated with the certificate, degree, or other
574574 credential from the institution and have student debt, including
575575 the estimated monthly student loan payment, computed using the
576576 standard 10-year repayment plan;
577577 (4) progress on repaying student loans by students who
578578 graduated with the certificate, degree, or other credential from
579579 the institution; and
580580 (5) educational outcomes for students seeking the
581581 certificate, degree, or other credential, including:
582582 (A) for a program designed to be completed in
583583 more than one year, the percentage of students who continue in the
584584 program after the first year of study;
585585 (B) the completion rate;
586586 (C) the percentage of students who withdraw or
587587 transfer from the institution and subsequently graduate with the
588588 certificate, degree, or other credential from another institution
589589 of higher education or private or independent institution of higher
590590 education;
591591 (D) the percentage of students who withdraw from
592592 the institution and do not enroll in the program at another
593593 institution of higher education or private or independent
594594 institution of higher education within three years of the
595595 withdrawal; and
596596 (E) the percentage of graduates employed in the
597597 top five industries in this state, as identified by the Texas
598598 Workforce Commission, by certificate program, degree program, or
599599 other credential program within one year of graduation.
600600 (c) The board may solicit and accept gifts, grants, and
601601 donations from any public or private source to implement this
602602 section.
603603 (d) The board shall adopt rules as necessary to implement
604604 this section.
605605 SECTION 26. Section 7.040(c), Education Code, is
606606 transferred to Section 61.09022, Education Code, as added by this
607607 Act, redesignated as Section 61.09022(b), Education Code, and
608608 amended to read as follows:
609609 (b) [(c)] Each institution of higher education shall
610610 include on its Internet website, in a prominent location that is not
611611 more than three hyperlinks from the website's home page, a link to
612612 the electronic tools or platforms developed by the board
613613 [information posted on the agency's Internet website] under
614614 Subsection (a).
615615 SECTION 27. Sections 61.822(b) and (c), Education Code, are
616616 amended to read as follows:
617617 (b) Each institution of higher education shall adopt a core
618618 curriculum of no less than 42 semester credit hours, including
619619 specific courses comprising the curriculum. The core curriculum
620620 shall be consistent with the common course numbering system
621621 approved by the board and with the statement, recommendations, and
622622 rules issued by the board. An institution may have a core
623623 curriculum of other than 42 semester credit hours only if approved
624624 by the board. The board by rule may approve a core curriculum of
625625 fewer than 42 semester credit hours for an associate degree program
626626 if the board determines that the approval would facilitate the
627627 award of a degree or transfer of credit consistent with this
628628 subchapter.
629629 (c) If a student successfully completes the [42-hour] core
630630 curriculum at an institution of higher education, that block of
631631 courses may be transferred to any other institution of higher
632632 education and must be substituted for the receiving institution's
633633 core curriculum. A student shall receive academic credit for each
634634 of the courses transferred and may not be required to take
635635 additional core curriculum courses at the receiving institution
636636 unless the board has approved a larger core curriculum at the
637637 institution.
638638 SECTION 28. Section 61.823, Education Code, is amended by
639639 adding Subsection (a-1) and amending Subsection (b) to read as
640640 follows:
641641 (a-1) The board by rule may authorize a general academic
642642 teaching institution to adopt, for each field of study curriculum
643643 developed by the board for which the institution offers a degree
644644 program, a set of courses specific to that field of study, for a
645645 total of at least six semester credit hours or the equivalent, that
646646 must be completed as part of the field of study curriculum for that
647647 institution. Each general academic teaching institution that
648648 adopts a set of courses for a field of study curriculum under this
649649 subsection shall post on the institution's Internet website in a
650650 manner easily accessible to students the set of courses with the
651651 associated course numbers under the common course numbering system.
652652 (b) If a student successfully completes a field of study
653653 curriculum developed by the board, that block of courses may be
654654 transferred to a general academic teaching institution and, subject
655655 to completion of the set of courses adopted by the institution for
656656 that field of study under Subsection (a-1), must be substituted for
657657 that institution's lower division requirements for the degree
658658 program for the field of study into which the student transfers, and
659659 the student shall receive full academic credit toward the degree
660660 program for the block of courses transferred.
661661 SECTION 29. Sections 61.826(c), (d), and (e), Education
662662 Code, are amended to read as follows:
663663 (c) If an institution of higher education proposes to deny
664664 the application toward the institution's core curriculum or a field
665665 of study curriculum developed by the board under Section 61.823 of
666666 [does not accept] course credit earned by a student at another
667667 institution of higher education in the other institution's core
668668 curriculum or in a field of study curriculum, that institution
669669 must:
670670 (1) [shall] give written notice to the student and the
671671 other institution of that institution's intent to deny [that] the
672672 application [transfer] of the course credit to the institution's
673673 core curriculum or field of study curriculum and the reasons for the
674674 proposed denial;
675675 (2) [is denied. The two institutions and the student
676676 shall] attempt to resolve the application [transfer] of the course
677677 credit to the institution's core curriculum or field of study
678678 curriculum with the other institution and the student in accordance
679679 with this section and board rules;
680680 (3) resolve the dispute not later than the 45th day
681681 after the date on which the student enrolls in that institution; and
682682 (4) if[. If] the [transfer] dispute is not resolved to
683683 the satisfaction of the student or the institution at which the
684684 credit was earned, [within 45 days after the date the student
685685 received written notice of the denial, the institution that denies
686686 the transfer of the course credit shall] notify the commissioner of
687687 higher education of its denial to apply the course credit to the
688688 institution's core curriculum or field of study curriculum and the
689689 reasons for the denial.
690690 (d) Not later than the 20th business day after the date the
691691 commissioner of higher education receives notice of a dispute
692692 concerning the application of course credit to an institution of
693693 higher education's core curriculum or field of study curriculum
694694 under Subsection (c)(4), the [The] commissioner [of higher
695695 education] or the commissioner's designee shall make the final
696696 determination about the [a] dispute [concerning the transfer of
697697 course credit] and give written notice of the determination to the
698698 involved student and institutions. If the commissioner or the
699699 commissioner's designee determines that the institution may not
700700 deny the application of course credit described by Subsection (c)
701701 to the institution's core curriculum or field of study curriculum,
702702 the institution shall apply that course credit toward the
703703 institution's core curriculum or field of study curriculum, as
704704 applicable. A determination by the commissioner or the
705705 commissioner's designee under this subsection is final and may not
706706 be appealed.
707707 (e) The board shall:
708708 (1) collect data on the types of transfer disputes
709709 that are reported and the disposition of each case that is
710710 considered by the commissioner of higher education or the
711711 commissioner's designee; and
712712 (2) post on the board's Internet website a list of each
713713 case that is considered by the commissioner of higher education or
714714 the commissioner's designee under this section, including the
715715 disposition of the case.
716716 SECTION 30. Section 61.827(b), Education Code, is amended
717717 to read as follows:
718718 (b) In adopting rules regarding the recommended core
719719 curriculum developed under Section 61.822, the board shall appoint
720720 a committee to advise the board [use the negotiated rulemaking
721721 procedures] under Section 2001.031 [Chapter 2008], Government
722722 Code.
723723 SECTION 31. Subchapter S, Chapter 61, Education Code, is
724724 amended by adding Section 61.834 to read as follows:
725725 Sec. 61.834. TEXAS DIRECT ASSOCIATE DEGREE. A public
726726 junior college, public state college, or public technical institute
727727 shall award a student a "Texas Direct" associate degree and include
728728 an appropriate notation on the student's transcript if the student
729729 completes a field of study curriculum developed by the board under
730730 Section 61.823 and:
731731 (1) the college's core curriculum; or
732732 (2) an abbreviated core curriculum related to a
733733 specific approved field of study curriculum transferable to one or
734734 more general academic teaching institutions.
735735 SECTION 32. Section 61.882(d), Education Code, is amended
736736 to read as follows:
737737 (d) In awarding grants under this subchapter, the board:
738738 (1) shall, to the greatest extent practicable:
739739 (A) award grants to at least one eligible entity
740740 in each region of the state; and
741741 (B) ensure that each training program:
742742 (i) matches regional workforce needs;
743743 (ii) is supported by a labor market
744744 analysis of job postings and employers hiring roles with the skills
745745 developed by the program; and
746746 (iii) does not duplicate existing program
747747 offerings except as necessary to accommodate regional demand; and
748748 (2) may give preference to applicants that:
749749 (A) represent a consortium of lower-division
750750 institutions of higher education;
751751 (B) prioritize training to displaced workers;
752752 (C) offer affordable training programs to
753753 students; or
754754 (D) partner with employers, local chambers of
755755 commerce, trade associations, economic development corporations,
756756 and local workforce boards to analyze job postings and identify
757757 employers hiring roles with the skills developed by the training
758758 programs.
759759 SECTION 33. Section 130.001(b), Education Code, is amended
760760 to read as follows:
761761 (b) The coordinating board shall have the responsibility
762762 for adopting policies, enacting regulations, and establishing
763763 general rules necessary for carrying out the duties with respect to
764764 public junior colleges as prescribed by the legislature, and with
765765 the advice and assistance of the commissioner of higher education,
766766 shall have authority to:
767767 (1) authorize the creation of public junior college
768768 districts as provided in the statutes, giving particular attention
769769 to the need for a public junior college in the proposed district and
770770 the ability of the district to provide adequate local financial
771771 support;
772772 (2) dissolve any public junior college district which
773773 has failed to establish and maintain a junior college within three
774774 years from the date of its authorization;
775775 (3) adopt standards for the operation of public junior
776776 colleges and prescribe the rules and regulations for such colleges;
777777 (4) require of each public junior college such reports
778778 as deemed necessary in accordance with the coordinating board's
779779 rules and regulations; and
780780 (5) establish a standing advisory committee
781781 [commissions] composed of representatives of public junior
782782 colleges [and other citizens of the state] to provide advice and
783783 counsel to the coordinating board with respect to the funding of
784784 public junior colleges necessary to carry out this chapter and
785785 Chapter 130A.
786786 SECTION 34. Sections 130.003(a), (b), (e), and (f),
787787 Education Code, are amended to read as follows:
788788 (a) There shall be appropriated biennially from money in the
789789 state treasury not otherwise appropriated an amount sufficient to
790790 supplement local funds for the proper support, maintenance,
791791 operation, and improvement of those public junior colleges of Texas
792792 that meet the standards prescribed by this chapter. The sum shall
793793 be allocated in accordance with Chapter 130A [on the basis of
794794 contact hours within categories developed, reviewed, and updated by
795795 the coordinating board].
796796 (b) To be eligible for and to receive money appropriated
797797 under Subsection (a) [a proportionate share of the appropriation],
798798 a public junior college must certify to the coordinating board, in
799799 the manner prescribed by coordinating board rule, that the college:
800800 (1) offers [be certified as a public junior college as
801801 prescribed in Section 61.063;
802802 [(2) offer] a minimum of 24 semester hours of
803803 vocational and/or terminal courses;
804804 (2) collects [(3) have complied with all existing
805805 laws, rules, and regulations governing the establishment and
806806 maintenance of public junior colleges;
807807 [(4) collect], from each full-time and part-time
808808 student enrolled, tuition [matriculation] and other [session] fees
809809 in the amounts required by law or in the amounts set by the
810810 governing board of the junior college district as authorized by
811811 this title;
812812 (3) grants [(5) grant], when properly applied for,
813813 the scholarships and tuition exemptions provided for in this code;
814814 (4) [and
815815 [(6)] for a public junior college established on or
816816 after September 1, 1986, levies and collects [levy and collect] ad
817817 valorem taxes as provided by law for the operation and maintenance
818818 of the [public junior] college; and
819819 (5) has complied with all laws and coordinating board
820820 rules for the establishment and operation of a public junior
821821 college.
822822 (e) The primary purpose of each public junior [community]
823823 college shall be to provide:
824824 (1) technical programs up to two years in length
825825 leading to associate degrees or certificates;
826826 (2) vocational programs leading directly to
827827 employment in semi-skilled and skilled occupations;
828828 (3) [freshman and sophomore] courses in the core
829829 curriculum or a field of study curriculum, as those terms are
830830 defined by Section 61.821 [arts and sciences];
831831 (4) continuing adult education programs for
832832 occupational or cultural upgrading;
833833 (5) compensatory education programs designed to
834834 fulfill the commitment of an admissions policy allowing the
835835 enrollment of disadvantaged students;
836836 (6) a continuing program of counseling and guidance
837837 designed to assist students in achieving their individual
838838 educational goals;
839839 (7) work force development programs designed to meet
840840 local and statewide needs;
841841 (8) adult literacy and other basic skills programs for
842842 adults; and
843843 (9) such other purposes as may be prescribed by the
844844 coordinating board [Texas Higher Education Coordinating Board] or
845845 local governing boards in the best interest of post-secondary
846846 education in this state [Texas].
847847 (f) This section does not affect the application of [alter,
848848 amend, or repeal] Section 54.231 [54.060 of this code].
849849 SECTION 35. Section 130.0031, Education Code, is amended to
850850 read as follows:
851851 Sec. 130.0031. TRANSFERS: WHEN MADE. (a) In consultation
852852 with the advisory committee established under Section
853853 130.001(b)(5), the Texas Higher Education Coordinating Board by
854854 rule shall adopt a payment schedule by which money appropriated to
855855 junior college districts under this chapter and Chapter 130A is
856856 distributed to those districts [In this section:
857857 [(1) "Category 1 junior college" means a junior
858858 college having not more than 2,500 students in fall head count
859859 enrollment for the previous fiscal year and not more than $300,000
860860 of local taxes collected, excluding taxes for debt service, in the
861861 previous fiscal year.
862862 [(2) "Category 2 junior college" means a junior
863863 college having more than 2,500 students in fall head count
864864 enrollment for the previous fiscal year or more than $300,000 of
865865 local taxes collected, excluding taxes for debt service, in the
866866 previous fiscal year].
867867 (b) The Texas Higher Education Coordinating Board may
868868 modify the [Money appropriated for payment to junior colleges under
869869 the authority of Section 130.003 of this code shall be paid to each
870870 eligible category 1 junior college out of the public junior college
871871 reimbursement fund as follows:
872872 [(1) 24 percent of the yearly entitlement of the
873873 junior college shall be paid in two equal installments to be made on
874874 or before the 25th day of September and October; and
875875 [(2) 76 percent of the yearly entitlement of the
876876 junior college shall be paid in eight equal installments to be made
877877 on or before the 25th day of November, December, January, February,
878878 March, April, May, and June.
879879 [(c) Money appropriated for payment to junior colleges
880880 under the authority of Section 130.003 of this code shall be paid to
881881 each eligible category 2 junior college out of the public junior
882882 college reimbursement fund as follows:
883883 [(1) 24 percent of the yearly entitlement of the
884884 junior college shall be paid in two equal installments to be made on
885885 or before the 25th day of September and October; and
886886 [(2) 76 percent of the yearly entitlement of the
887887 junior college shall be paid in eight equal installments to be made
888888 on or before the 25th day of November, December, March, April, May,
889889 June, July, and August.
890890 [(d) The] amount of any installment required under the
891891 payment schedule adopted under Subsection (a) [by this section may
892892 be modified] to, in accordance with this chapter, Chapter 130A, the
893893 General Appropriations Act, or coordinating board rule:
894894 (1) provide the junior college district with the
895895 proper amount to which the junior college district may be entitled
896896 by law; and
897897 (2) [to] correct errors in the allocation or
898898 distribution of funds.
899899 (c) If the amount of an installment under the payment
900900 schedule adopted under Subsection (a) [this section] is required to
901901 be equal to the amount of another installment [other installments],
902902 the amount of the other installment [installments] may be adjusted
903903 to provide for that equality. A payment under this section is not
904904 invalid because it is not equal to other installments.
905905 SECTION 36. Section 130.0033(c), Education Code, is amended
906906 to read as follows:
907907 (c) Charging tuition at a reduced rate under this section
908908 does not affect the right of the public junior college to an
909909 allocation [a proportionate share] of state appropriations under
910910 this chapter and Chapter 130A [Section 130.003] for the contact
911911 hours attributable to students paying tuition at the reduced rate.
912912 SECTION 37. Section 130.0034(a), Education Code, is amended
913913 to read as follows:
914914 (a) The governing board of a [public] junior college
915915 district may charge a student a higher rate of tuition than the
916916 tuition that would otherwise be charged for a course in which the
917917 student enrolls if:
918918 (1) the student has previously enrolled in the same
919919 course or a course of substantially the same content and level two
920920 or more times; and
921921 (2) the student's enrollment in the course is not
922922 included in the contact hours used to determine the junior
923923 college's allocation [proportionate share] of state appropriations
924924 under this chapter and Chapter 130A [Section 130.003].
925925 SECTION 38. Section 130.0051(a), Education Code, is amended
926926 to read as follows:
927927 (a) The board of trustees of a junior college district by
928928 resolution may change the name of the district or a college within
929929 the district [by eliminating the words "community" or "junior" from
930930 the name of the district or college], unless the change would cause
931931 the district or college to have the same or substantially the same
932932 name as an existing district, college, or other public or private
933933 institution of higher education in this state.
934934 SECTION 39. Section 130.008(c), Education Code, is amended
935935 to read as follows:
936936 (c) The contact hours attributable to the enrollment of a
937937 high school student in a course offered for joint high school and
938938 junior college credit under this section, excluding a course for
939939 which the student attending high school may receive course credit
940940 toward the physical education curriculum requirement under Section
941941 28.002(a)(2)(C), shall be included in the contact hours used to
942942 determine the junior college's allocation [proportionate share] of
943943 the state money appropriated and distributed to public junior
944944 colleges under this chapter and Chapter 130A [Sections 130.003 and
945945 130.0031], even if the junior college waives all or part of the
946946 tuition or fees for the student under Subsection (b).
947947 SECTION 40. Section 130.085(b), Education Code, is amended
948948 to read as follows:
949949 (b) This action by the board of trustees does not affect
950950 their authority under Section 130.123 [of this code], nor does this
951951 section in any way supersede that section. This action of the board
952952 does not affect the right of the college to an allocation [a
953953 proportionate share] of state appropriations under this chapter and
954954 Chapter 130A [Section 130.003 of this code].
955955 SECTION 41. Section 130.090(c), Education Code, is amended
956956 to read as follows:
957957 (c) The grant of an exemption from tuition under Subsection
958958 (b) does not affect the right of a junior college to an allocation
959959 [a proportionate share] of state appropriations under this chapter
960960 and Chapter 130A [Section 130.003] attributable to the contact
961961 hours of the junior college with the student receiving the
962962 exemption.
963963 SECTION 42. Section 130.310(a), Education Code, is amended
964964 to read as follows:
965965 (a) A [Except as provided by Subsection (b), a] degree
966966 program created under this subchapter shall [may] be funded solely
967967 by a public junior college's allocation [proportionate share] of
968968 state appropriations under this chapter and Chapter 130A [Section
969969 130.003], local funds, and private sources. [This subsection does
970970 not require the legislature to appropriate state funds to support a
971971 degree program created under this subchapter.] The coordinating
972972 board shall weigh contact hours attributable to students enrolled
973973 in a junior-level or senior-level course offered under this
974974 subchapter used to determine a public junior college's allocation
975975 [proportionate share] of state appropriations under this chapter
976976 and Chapter 130A [Section 130.003] in the same manner as a lower
977977 division course in a corresponding field.
978978 SECTION 43. Section 130.352, Education Code, is amended to
979979 read as follows:
980980 Sec. 130.352. FORMULA FUNDING FOR WORKFORCE CONTINUING
981981 EDUCATION COURSES. Notwithstanding Section 130.003 or any other
982982 law, contact hours attributable to the enrollment of a student in a
983983 workforce continuing education course offered by a public junior
984984 college shall be included in the contact hours used to determine the
985985 college's allocation [proportionate share] of state money
986986 appropriated and distributed to public junior colleges under this
987987 chapter and Chapter 130A [Sections 130.003 and 130.0031],
988988 regardless of whether the college waives all or part of the tuition
989989 or fees for the course under Section 130.354.
990990 SECTION 44. Section 130.355, Education Code, is amended to
991991 read as follows:
992992 Sec. 130.355. RULES. The coordinating board shall adopt
993993 any rules the coordinating board considers necessary for the
994994 administration of this subchapter. [In adopting those rules, the
995995 coordinating board shall use the negotiated rulemaking procedures
996996 under Chapter 2008, Government Code.]
997997 SECTION 45. Chapter 130, Education Code, is amended by
998998 adding Subchapter O to read as follows:
999999 SUBCHAPTER O. OPPORTUNITY HIGH SCHOOL DIPLOMA PROGRAM
10001000 Sec. 130.451. DEFINITIONS. In this subchapter:
10011001 (1) "Coordinating board" means the Texas Higher
10021002 Education Coordinating Board.
10031003 (2) "General academic teaching institution" has the
10041004 meaning assigned by Section 61.003.
10051005 (3) "Program," unless the context indicates
10061006 otherwise, means the Opportunity High School Diploma program
10071007 established under this subchapter.
10081008 Sec. 130.452. PURPOSE. The purpose of the program is to
10091009 provide an alternative means by which adult students enrolled in a
10101010 workforce education program at a public junior college may earn a
10111011 high school diploma at the college through concurrent enrollment in
10121012 a competency-based education program that enables students to
10131013 demonstrate knowledge substantially equivalent to the knowledge
10141014 required to earn a high school diploma in this state.
10151015 Sec. 130.453. ADMINISTRATION. The coordinating board shall
10161016 administer the program in consultation with the Texas Education
10171017 Agency and the Texas Workforce Commission.
10181018 Sec. 130.454. APPROVAL OF ALTERNATIVE HIGH SCHOOL DIPLOMA
10191019 PROGRAM. (a) A public junior college may submit to the
10201020 coordinating board an application to participate in the program.
10211021 The application must propose an alternative competency-based high
10221022 school diploma program to be offered for concurrent enrollment to
10231023 adult students without a high school diploma who are enrolled in a
10241024 workforce education program at the college. The proposed program
10251025 may include any combination of instruction, curriculum,
10261026 achievement, internships, or other means by which a student may
10271027 attain knowledge sufficient to adequately prepare the student for
10281028 postsecondary education or additional workforce education.
10291029 (b) A public junior college may submit an application under
10301030 Subsection (a) together with one or more public junior colleges,
10311031 general academic teaching institutions, public school districts,
10321032 or nonprofit organizations with whom the proposed program described
10331033 by that subsection will be offered as provided by Subsection (e).
10341034 (c) The coordinating board may approve not more than five
10351035 public junior colleges to participate in the program.
10361036 (d) Subject to Subsection (c), the coordinating board shall
10371037 review and approve a public junior college's application to
10381038 participate in the program if the board determines that the
10391039 college's proposed program described by Subsection (a) will provide
10401040 instruction and assessments appropriate to ensure that a student
10411041 who successfully completes the proposed program demonstrates
10421042 levels of knowledge sufficient to adequately prepare the student
10431043 for postsecondary education or additional workforce education. The
10441044 coordinating board may coordinate with the Texas Education Agency
10451045 as necessary to make a determination under this subsection.
10461046 (e) A public junior college approved to participate in the
10471047 program may:
10481048 (1) enter into an agreement with one or more public
10491049 junior colleges, general academic teaching institutions, public
10501050 school districts, or nonprofit organizations to offer the program
10511051 described by Subsection (a); and
10521052 (2) offer the program described by Subsection (a) at
10531053 any campus of the college or an entity with which the college has
10541054 entered into an agreement under Subdivision (1).
10551055 Sec. 130.455. AWARD OF HIGH SCHOOL DIPLOMA. (a) A public
10561056 junior college participating in the program may award a high school
10571057 diploma to a student enrolled in the alternative competency-based
10581058 high school diploma program offered by the college under the
10591059 program if the student performs satisfactorily on assessment
10601060 instruments prescribed by coordinating board rule.
10611061 (b) A high school diploma awarded under the program is
10621062 equivalent to a high school diploma awarded under Section 28.025.
10631063 Sec. 130.456. FUNDING. (a) The coordinating board and the
10641064 Texas Workforce Commission shall coordinate to jointly identify
10651065 funding mechanisms, including grants, interagency contracts,
10661066 financial aid, or subsidies, available to public junior colleges
10671067 and students to encourage and facilitate participation in the
10681068 program.
10691069 (b) A public junior college participating in the program is
10701070 entitled to receive funding under Section 130.003 for the program
10711071 in the manner provided by coordinating board rule.
10721072 Sec. 130.457. REPORT. Not later than December 1, 2026, the
10731073 coordinating board shall submit to the legislature a progress
10741074 report on the effectiveness of the program and any recommendations
10751075 for legislative or other action. This section expires September 1,
10761076 2027.
10771077 Sec. 130.458. RULES. The coordinating board may adopt
10781078 rules as necessary to implement this subchapter.
10791079 SECTION 46. Subtitle G, Title 3, Education Code, is amended
10801080 by adding Chapter 130A to read as follows:
10811081 CHAPTER 130A. PUBLIC JUNIOR COLLEGE STATE FINANCE PROGRAM
10821082 SUBCHAPTER A. GENERAL PROVISIONS
10831083 Sec. 130A.001. LEGISLATIVE INTENT. It is the intent of the
10841084 legislature that, as public junior colleges are locally governed
10851085 institutions, providing foundational funding for instruction and
10861086 operations of public junior colleges should be primarily a local
10871087 responsibility, supported through a combination of tuition, fees,
10881088 and local property taxes, with state funding focused primarily on
10891089 rewarding outcomes aligned with regional and state education and
10901090 workforce needs.
10911091 Sec. 130A.002. PURPOSE. The purpose of the public junior
10921092 college state finance program established under this chapter is to
10931093 provide a modern and dynamic finance system that ensures that each
10941094 public junior college has access to adequate state appropriations
10951095 and local resources to support the education and training of the
10961096 workforce of the future.
10971097 Sec. 130A.003. DEFINITIONS. In this chapter:
10981098 (1) "Commissioner" means the commissioner of higher
10991099 education.
11001100 (2) "Coordinating board" means the Texas Higher
11011101 Education Coordinating Board.
11021102 (3) "Program" means the public junior college state
11031103 finance program established under this chapter.
11041104 (4) "Public junior college" has the meaning assigned
11051105 by Section 61.003.
11061106 Sec. 130A.004. PROGRAM COMPONENTS. The program consists
11071107 of:
11081108 (1) a base tier of state and local funding determined
11091109 in accordance with Subchapter B that ensures each public junior
11101110 college has access to a defined level of base funding for
11111111 instruction and operations; and
11121112 (2) a performance tier of state funding determined in
11131113 accordance with Subchapter C that constitutes the majority of state
11141114 funding and is distributed based on measurable outcomes aligned
11151115 with:
11161116 (A) regional and state workforce needs; and
11171117 (B) state goals aligned to the state's long-range
11181118 master plan for higher education developed under Section 61.051.
11191119 Sec. 130A.005. ADMINISTRATION OF PROGRAM. (a) The
11201120 coordinating board may adopt rules, require reporting, and take
11211121 other actions consistent with Chapter 61, Chapter 130, and this
11221122 chapter as necessary to implement and administer the program.
11231123 (b) In adopting rules under this section, the coordinating
11241124 board shall consult with the advisory committee established under
11251125 Section 130.001(b)(5).
11261126 (c) Notwithstanding Section 61.033, the coordinating board
11271127 is not required to use negotiated rulemaking procedures under
11281128 Chapter 2008, Government Code, for the adoption of rules under this
11291129 section.
11301130 Sec. 130A.006. REQUIRED REPORTING. The coordinating board
11311131 by rule shall require each junior college district to report to the
11321132 coordinating board through the Education Data System, Community
11331133 College Annual Reporting and Analysis Tool, Report of Fundable
11341134 Operating Expenses, or any successor program, data necessary to:
11351135 (1) calculate funding under this chapter;
11361136 (2) provide timely data and analyses to inform
11371137 management decisions by the governing body of each junior college
11381138 district;
11391139 (3) administer or evaluate the effectiveness of the
11401140 program; or
11411141 (4) audit the program.
11421142 Sec. 130A.007. COMMISSIONER AUTHORITY TO RESOLVE DATA
11431143 REPORTING ERRORS AND UNINTENDED CONSEQUENCES FROM FUNDING
11441144 FORMULAS. (a) The commissioner may review the accuracy of data
11451145 reported to the coordinating board by junior college districts.
11461146 (b) The commissioner may adjust:
11471147 (1) the distribution of funding under this chapter for
11481148 a state fiscal year as necessary to correct errors in data reporting
11491149 identified through the commissioner's review under Subsection (a);
11501150 and
11511151 (2) a junior college district's funding under this
11521152 chapter if the funding formulas used to determine the district's
11531153 entitlement would result in an unanticipated loss or gain for the
11541154 district that would have a substantial negative impact on the
11551155 district's operations.
11561156 (c) Before making an adjustment under this section, the
11571157 commissioner must request and receive written approval from the
11581158 Legislative Budget Board and the office of the governor. A request
11591159 to make an adjustment is considered approved unless the Legislative
11601160 Budget Board or the office of the governor issues a written
11611161 disapproval within 60 business days after the date on which the
11621162 request is received.
11631163 (d) If the commissioner makes an adjustment under
11641164 Subsection (b), the commissioner shall provide to the legislature
11651165 an explanation regarding the changes necessary to resolve the data
11661166 reporting errors or the unintended consequences, as applicable.
11671167 Sec. 130A.008. CENSUS DATE ELIGIBILITY. A junior college
11681168 district may report a student in attendance on the district's
11691169 approved course census date for the purpose of funding under this
11701170 chapter.
11711171 Sec. 130A.009. RECOVERY OF OVERALLOCATED FUNDS. (a) If a
11721172 junior college district has received an overallocation of state
11731173 funds, the coordinating board shall recover from the district an
11741174 amount equal to the overallocation by withholding from subsequent
11751175 allocations of state funds for the current or subsequent academic
11761176 year or by requesting and obtaining a refund from the district.
11771177 (b) Notwithstanding Subsection (a), the coordinating board
11781178 may recover an overallocation of state funds over a period not to
11791179 exceed the subsequent five academic years if the commissioner
11801180 determines that the overallocation was the result of exceptional
11811181 circumstances reasonably caused by statutory changes to Chapter 130
11821182 or this chapter and related reporting requirements.
11831183 (c) If a junior college district fails to comply with a
11841184 request for a refund under Subsection (a), the coordinating board
11851185 shall report to the comptroller that the amount constitutes a debt
11861186 for purposes of Section 403.055, Government Code. The coordinating
11871187 board shall provide to the comptroller the amount of the
11881188 overallocation and any other information required by the
11891189 comptroller. The comptroller may certify the amount of the debt to
11901190 the attorney general for collection. The junior college district's
11911191 governmental immunity is waived to the extent necessary to collect
11921192 the debt owed under this section.
11931193 (d) Subject to Subsection (e), the coordinating board may
11941194 review a junior college district as necessary to determine if the
11951195 district qualifies for each amount received by the district under
11961196 this chapter. If the coordinating board determines that a junior
11971197 college district received an amount to which the district was not
11981198 entitled, the coordinating board may establish a corrective action
11991199 plan or withhold the applicable amount of funding from the
12001200 district.
12011201 (e) The coordinating board may not review junior college
12021202 district expenditures that occurred seven or more years before the
12031203 review.
12041204 Sec. 130A.010. GIFTS, GRANTS, AND DONATIONS. Except as
12051205 provided by other law, an affiliated nonprofit organization
12061206 described by Section 61.051(b) may solicit and accept gifts,
12071207 grants, or donations of personal property from any public or
12081208 private source to implement or administer this chapter.
12091209 SUBCHAPTER B. STATE FUNDING: BASE TIER
12101210 Sec. 130A.051. BASE TIER FORMULA. The amount of base tier
12111211 state funding to which a junior college district is entitled for
12121212 instruction and operations under this subchapter for a state fiscal
12131213 year is an amount equal to the amount, if any, by which the
12141214 district's guaranteed instruction and operations funding, as
12151215 determined under Section 130A.052, exceeds the district's local
12161216 share of base tier funding, as determined under Section 130A.056.
12171217 Sec. 130A.052. GUARANTEED INSTRUCTION AND OPERATIONS
12181218 FUNDING FORMULA. The amount of a junior college district's
12191219 guaranteed instruction and operations funding for a state fiscal
12201220 year is equal to the sum of:
12211221 (1) the product of:
12221222 (A) the district's basic allotment under Section
12231223 130A.053; and
12241224 (B) the number of weighted full-time equivalent
12251225 students enrolled at the district determined in accordance with
12261226 Section 130A.054; and
12271227 (2) the district's contact hour funding under Section
12281228 130A.055.
12291229 Sec. 130A.053. BASIC ALLOTMENT. The basic allotment for a
12301230 junior college district for a state fiscal year is an amount per
12311231 weighted full-time equivalent student set by the General
12321232 Appropriations Act or other legislative appropriation.
12331233 Sec. 130A.054. WEIGHTED FULL-TIME EQUIVALENT STUDENT;
12341234 SCALE ADJUSTMENT. (a) The coordinating board by rule shall
12351235 establish student weights for purposes of this chapter that reflect
12361236 the higher cost of educating certain students.
12371237 (b) The student weights must be established in a manner that
12381238 results in appropriate funding to a junior college district for the
12391239 education of a student enrolled in an eligible credit or non-credit
12401240 program who is:
12411241 (1) 25 years of age or older;
12421242 (2) economically disadvantaged, as defined by
12431243 coordinating board rule; or
12441244 (3) academically disadvantaged, as defined by
12451245 coordinating board rule.
12461246 (c) Subject to Subsection (d), the number of weighted
12471247 full-time equivalent students enrolled at a junior college district
12481248 for purposes of this subchapter is equal to the sum of:
12491249 (1) the number of full-time equivalent students
12501250 enrolled in the district; and
12511251 (2) the sum of the weights assigned to students
12521252 enrolled in the district.
12531253 (d) The coordinating board by rule shall establish an
12541254 equitable adjustment to the number of weighted full-time equivalent
12551255 students determined under this section for each junior college
12561256 district with a total enrollment of fewer than 5,000 full-time
12571257 equivalent students.
12581258 (e) Not later than November 1 of each even-numbered year, a
12591259 junior college district that receives an adjustment under
12601260 Subsection (d) shall submit to the commissioner a report on the
12611261 district's participation in institutional partnerships and shared
12621262 services available under Section 61.0571 or other partnerships to
12631263 reduce costs and improve operational efficiency.
12641264 Sec. 130A.055. CONTACT HOUR FUNDING. (a) The legislature
12651265 shall set by appropriation the amount of funding to be provided to a
12661266 junior college district under this subchapter per contact hour.
12671267 (b) The amount of funding per contact hour must be weighted
12681268 by discipline to reflect the cost of providing the applicable
12691269 course.
12701270 (c) The coordinating board shall determine the total amount
12711271 of contact hour funding to which each junior college district is
12721272 entitled under this section.
12731273 Sec. 130A.056. LOCAL SHARE. A junior college district's
12741274 local share of base tier funding is an amount equal to the sum of the
12751275 amounts of revenue estimated to be generated by:
12761276 (1) imposing a maintenance and operations ad valorem
12771277 tax in the district at a rate of $0.05; and
12781278 (2) assessing an amount of tuition and fees to each
12791279 full-time equivalent student enrolled in the district equal to the
12801280 statewide average amount of tuition and fees assessed by junior
12811281 college districts to a full-time equivalent student, determined as
12821282 provided by coordinating board rule.
12831283 SUBCHAPTER C. STATE FUNDING: PERFORMANCE TIER
12841284 Sec. 130A.101. PERFORMANCE TIER. (a) A junior college
12851285 district is entitled to performance tier funding for a state fiscal
12861286 biennium in an amount equal to the sum of the amounts determined
12871287 under Subsection (b) for each measurable outcome described by
12881288 Subsection (c).
12891289 (b) The amount of performance tier funding for each
12901290 measurable outcome described by Subsection (c) is equal to the
12911291 product of:
12921292 (1) the sum of:
12931293 (A) the number of times that outcome was achieved
12941294 by the junior college district, determined as provided by
12951295 coordinating board rule; and
12961296 (B) for an outcome described by Subsection (c)(1)
12971297 or (2), the sum of the applicable student weights established by
12981298 coordinating board rule for the students who achieved the outcome
12991299 at the junior college district as determined under Paragraph (A) of
13001300 this subdivision; and
13011301 (2) the amount set by the General Appropriations Act
13021302 or other legislative appropriation for the outcome.
13031303 (c) The measurable outcomes considered for purposes of
13041304 performance tier funding are:
13051305 (1) the number of credentials of value awarded, as
13061306 determined by the coordinating board based on analyses of wages and
13071307 costs associated with the credential, including degrees,
13081308 certificates, and other credentials from credit and non-credit
13091309 programs that equip students for continued learning and greater
13101310 earnings in the state economy, with an additional weight for
13111311 placement of students who earn that credential in a high-demand
13121312 occupation, as defined by coordinating board rule, or an
13131313 appropriate proxy determined by the coordinating board based on
13141314 available data;
13151315 (2) the number of students who earn at least 15
13161316 semester credit hours or the equivalent at the junior college
13171317 district and:
13181318 (A) subsequently transfer to a general academic
13191319 teaching institution, as that term is defined by Section 61.003; or
13201320 (B) are enrolled in a structured co-enrollment
13211321 program, as authorized by coordinating board rule; and
13221322 (3) the number of students who complete a sequence of
13231323 at least 15 semester credit hours or the equivalent for dual credit
13241324 or dual enrollment courses, as defined by coordinating board rule,
13251325 that apply toward academic or workforce program requirements at the
13261326 postsecondary level.
13271327 SECTION 47. Section 136.001, Education Code, is amended by
13281328 amending Subdivision (1) and adding Subdivision (1-a) to read as
13291329 follows:
13301330 (1) "Coordinating board" means the Texas Higher
13311331 Education Coordinating Board.
13321332 (1-a) "Nonprofit organization" means an organization
13331333 exempt from federal income taxation under Section 501(a), Internal
13341334 Revenue Code of 1986, as an organization described by Section
13351335 501(c)(3) of that code.
13361336 SECTION 48. Section 136.005(a), Education Code, is amended
13371337 to read as follows:
13381338 (a) The coordinating board [grant administrator] shall
13391339 establish and administer the Texas Innovative Adult Career
13401340 Education (ACE) Grant Program to provide grants to:
13411341 (1) eligible nonprofit workforce intermediary and job
13421342 training organizations; and
13431343 (2) eligible nonprofit organizations providing job
13441344 training to veterans.
13451345 SECTION 49. Section 136.006, Education Code, is amended to
13461346 read as follows:
13471347 Sec. 136.006. ELIGIBLE ORGANIZATIONS. (a) To be eligible
13481348 for a grant under the program, a nonprofit workforce intermediary
13491349 and job training organization must:
13501350 (1) apply to the coordinating board [grant
13511351 administrator] in the manner prescribed by the coordinating board
13521352 [grant administrator];
13531353 (2) provide to eligible low-income students, in
13541354 partnership with public junior colleges, public state colleges, or
13551355 public technical institutes:
13561356 (A) job training; and
13571357 (B) a continuum of services designed to move a
13581358 program participant from application to employment, including
13591359 outreach, assessment, case management, support services, and
13601360 career placement;
13611361 (3) be governed by a board or other governing
13621362 structure that includes recognized leaders of broad-based
13631363 community organizations and executive-level or managerial-level
13641364 members of the local business community;
13651365 (4) demonstrate to the satisfaction of the
13661366 coordinating board [program advisory board] that the
13671367 organization's program has achieved or will achieve the following
13681368 measures of success among program participants:
13691369 (A) above-average completion of developmental
13701370 education among participating public junior college, public state
13711371 college, or public technical institute students;
13721372 (B) above-average persistence rates among
13731373 participating public junior college, public state college, or
13741374 public technical institute students;
13751375 (C) above-average certificate or degree
13761376 completion rates by participating students within a three-year
13771377 period compared to demographically comparable public junior
13781378 college, public state college, and public technical institute
13791379 students; and
13801380 (D) entry into careers with significantly higher
13811381 earnings for program participants than previously achieved; and
13821382 (5) provide matching funds in accordance with rules
13831383 adopted under this chapter.
13841384 (a-1) To be eligible for a grant under the program, a
13851385 nonprofit organization providing job training services to veterans
13861386 must:
13871387 (1) apply to the coordinating board [grant
13881388 administrator] in the manner prescribed by the coordinating board
13891389 [grant administrator];
13901390 (2) provide to veterans, in partnership with public
13911391 junior colleges, public state colleges, or public technical
13921392 institutes:
13931393 (A) job training; and
13941394 (B) a continuum of services designed to move a
13951395 program participant from application to employment, including
13961396 outreach, assessment, case management, support services, and
13971397 career placement;
13981398 (3) be governed by a board or other governing
13991399 structure that includes recognized leaders of broad-based
14001400 community organizations and executive-level or managerial-level
14011401 members of the local business community;
14021402 (4) demonstrate to the satisfaction of the
14031403 coordinating board [program advisory board] that the
14041404 organization's program has achieved or will achieve the following
14051405 measures of success among program participants:
14061406 (A) the measures prescribed by Subsections
14071407 (a)(4)(A)-(C);
14081408 (B) rapid attainment of civilian workforce
14091409 credentials; and
14101410 (C) entry into careers with significantly higher
14111411 earnings for program participants than previously achieved; and
14121412 (5) provide matching funds in accordance with rules
14131413 adopted under this chapter.
14141414 (b) The matching funds required under Subsection (a)(5) or
14151415 (a-1)(5) may be obtained from any source available to the
14161416 organization, including in-kind contributions, community or
14171417 foundation grants, individual contributions, and local
14181418 governmental agency operating funds. The coordinating board [grant
14191419 administrator] may adopt rules requiring an organization to
14201420 demonstrate compliance with the matching funds requirement before
14211421 the payment of the next installment under an awarded grant.
14221422 SECTION 50. Section 136.007, Education Code, is amended to
14231423 read as follows:
14241424 Sec. 136.007. RULES. [(a)] The coordinating board [grant
14251425 administrator] shall adopt rules as necessary for the
14261426 administration of this chapter, including [in the manner provided
14271427 by Chapter 2001, Government Code, for a state agency.
14281428 [(b) The grant administrator, with recommendations of the
14291429 program advisory board, shall adopt] rules regarding eligibility,
14301430 program tuition and fees, administrative costs, matching funds, and
14311431 case management and other supports for the program. The rules may
14321432 include provisions for the payment in periodic installments of
14331433 grant awards.
14341434 SECTION 51. Section 2308A.007, Government Code, is amended
14351435 by adding Subsection (a-1) to read as follows:
14361436 (a-1) A credential library established under this section
14371437 must include the information included in the electronic tools or
14381438 platforms developed by the coordinating board under Section
14391439 61.09022(a), Education Code.
14401440 SECTION 52. Sections 61.0593, 61.884(d), 130.003(d),
14411441 130.310(b), 136.002, 136.004, and 136.005(a-1), Education Code,
14421442 are repealed.
14431443 SECTION 53. Sections 28.009(b-2), 28.010(a), and
14441444 29.908(b), Education Code, as amended by this Act, and Section
14451445 28.0095, Education Code, as added by this Act, apply beginning with
14461446 the 2023-2024 school year.
14471447 SECTION 54. Sections 51.4033, 51.4034(a), 61.822(b) and
14481448 (c), 61.823, 61.826(c), (d), and (e), and 61.827(b), Education
14491449 Code, as amended by this Act, and Section 61.834, Education Code, as
14501450 added by this Act, apply beginning with the 2023-2024 academic
14511451 year.
14521452 SECTION 55. The change in law made by this Act to Section
14531453 56.407(g), Education Code, applies beginning with Texas
14541454 Educational Opportunity Grants awarded for the 2024 fall semester.
14551455 Grants awarded for a semester or term before the 2024 fall semester
14561456 are governed by the applicable law in effect immediately before the
14571457 effective date of this Act, and the former law is continued in
14581458 effect for that purpose.
14591459 SECTION 56. The Texas Education Agency and the Texas Higher
14601460 Education Coordinating Board may identify rules required by the
14611461 passage of this Act that must be adopted on an emergency basis for
14621462 purposes of the state fiscal year beginning September 1, 2023, and
14631463 may use the procedures established under Section 2001.034,
14641464 Government Code, for adopting those rules. The agency and the
14651465 coordinating board are not required to make the finding described
14661466 by Section 2001.034(a), Government Code, to adopt emergency rules
14671467 under this section.
14681468 SECTION 57. (a) Except as provided by Subsection (b) of
14691469 this section, this Act takes effect September 1, 2023, and applies
14701470 to the allocation of state funding to junior college districts
14711471 beginning with the state fiscal biennium beginning September 1,
14721472 2023.
14731473 (b) Sections 7.040(a), 28.009(b-2), 28.010(a), 29.908(b),
14741474 51.4033, 51.4034(a), 51.762(b-1), 51.763(b), 61.031, 61.823, and
14751475 61.826(c), (d), and (e), Education Code, as amended by this Act, and
14761476 Sections 28.0095, 61.09022, and 61.834 and Subchapter O, Chapter
14771477 130, Education Code, and Section 2308A.007(a-1), Government Code,
14781478 as added by this Act, take effect immediately if this Act receives a
14791479 vote of two-thirds of all the members elected to each house, as
14801480 provided by Section 39, Article III, Texas Constitution. If this
14811481 Act does not receive the vote necessary for immediate effect, those
14821482 provisions take effect September 1, 2023.
14831483 ______________________________ ______________________________
14841484 President of the Senate Speaker of the House
14851485 I certify that H.B. No. 8 was passed by the House on April 12,
14861486 2023, by the following vote: Yeas 146, Nays 1, 2 present, not
14871487 voting; and that the House concurred in Senate amendments to H.B.
14881488 No. 8 on May 24, 2023, by the following vote: Yeas 142, Nays 0, 1
14891489 present, not voting.
14901490 ______________________________
14911491 Chief Clerk of the House
14921492 I certify that H.B. No. 8 was passed by the Senate, with
14931493 amendments, on May 19, 2023, by the following vote: Yeas 31, Nays
14941494 0.
14951495 ______________________________
14961496 Secretary of the Senate
14971497 APPROVED: __________________
14981498 Date
14991499 __________________
15001500 Governor