1 | 1 | | 89R4607 RDR-D |
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2 | 2 | | By: Shaheen H.B. No. 1830 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to tenure and employment status at public institutions of |
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10 | 10 | | higher education in this state. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 21.801(d), Education Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (d) The public institution of higher education shall: |
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15 | 15 | | (1) reward faculty instructing in the teacher |
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16 | 16 | | residency program; |
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17 | 17 | | (2) identify faculty who can prepare teachers to |
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18 | 18 | | impact student achievement in high-need schools; |
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19 | 19 | | (3) provide institutional support of faculty who work |
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20 | 20 | | with the teacher residency program by providing time to teach the |
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21 | 21 | | courses [and valuing the faculty's contributions with rewards in |
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22 | 22 | | the university tenure process]; and |
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23 | 23 | | (4) develop and implement a program that acknowledges |
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24 | 24 | | and elevates the significance and professional nature of teaching |
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25 | 25 | | at the primary and secondary levels. |
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26 | 26 | | SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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27 | 27 | | amended by adding Section 51.9415 to read as follows: |
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28 | 28 | | Sec. 51.9415. TENURE AND FACULTY EMPLOYMENT STATUS. (a) In |
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29 | 29 | | this section, "institution of higher education" has the meaning |
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30 | 30 | | assigned by Section 61.003. |
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31 | 31 | | (b) An institution of higher education may not grant an |
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32 | 32 | | employee of the institution tenure or any type of permanent |
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33 | 33 | | employment status. |
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34 | 34 | | (c) Subsection (b) does not apply to a faculty member or |
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35 | 35 | | other employee of the institution of higher education who is |
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36 | 36 | | employed by or under contract for employment with the institution |
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37 | 37 | | on September 1, 2025, and who was awarded tenure or any type of |
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38 | 38 | | permanent employment status by the institution before September 1, |
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39 | 39 | | 2025, provided that the person remains continuously employed or |
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40 | 40 | | continuously under a contract of employment beginning September 1, |
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41 | 41 | | 2025. |
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42 | 42 | | (d) This section does not prohibit the board of regents of |
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43 | 43 | | an institution of higher education from establishing an alternate |
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44 | 44 | | system of tiered employment status for faculty members provided |
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45 | 45 | | that the system clearly defines each position and requires each |
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46 | 46 | | faculty member to undergo an annual performance evaluation. |
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47 | 47 | | SECTION 3. Section 51.942(c-1), Education Code, is amended |
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48 | 48 | | to read as follows: |
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49 | 49 | | (c-1) Each governing board of an institution of higher |
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50 | 50 | | education shall adopt policies and procedures regarding |
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51 | 51 | | tenure. The policies and procedures must: |
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52 | 52 | | (1) [address the granting of tenure; |
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53 | 53 | | [(2)] allow for the dismissal of a tenured faculty |
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54 | 54 | | member at any time after providing the faculty member with |
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55 | 55 | | appropriate due process, on a determination that: |
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56 | 56 | | (A) the faculty member has: |
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57 | 57 | | (i) exhibited professional incompetence; |
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58 | 58 | | (ii) continually or repeatedly failed to |
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59 | 59 | | perform duties or meet professional responsibilities of the faculty |
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60 | 60 | | member's position; |
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61 | 61 | | (iii) failed to successfully complete any |
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62 | 62 | | post-tenure review professional development program; |
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63 | 63 | | (iv) engaged in conduct involving moral |
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64 | 64 | | turpitude that adversely affects the institution or the faculty |
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65 | 65 | | member's performance of duties or meeting of responsibilities; |
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66 | 66 | | (v) violated laws or university system or |
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67 | 67 | | institution policies substantially related to the performance of |
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68 | 68 | | the faculty member's duties; |
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69 | 69 | | (vi) been convicted of a crime affecting |
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70 | 70 | | the fitness of the faculty member to engage in teaching, research, |
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71 | 71 | | service, outreach, or administration; |
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72 | 72 | | (vii) engaged in unprofessional conduct |
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73 | 73 | | that adversely affects the institution or the faculty member's |
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74 | 74 | | performance of duties or meeting of responsibilities; or |
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75 | 75 | | (viii) falsified the faculty member's |
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76 | 76 | | academic credentials; |
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77 | 77 | | (B) there is actual financial exigency or the |
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78 | 78 | | phasing out of the institution's programs requiring elimination of |
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79 | 79 | | the faculty member's position; or |
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80 | 80 | | (C) there is other good cause as defined in the |
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81 | 81 | | institution's policies; and |
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82 | 82 | | (2) [(3)] provide for a periodic performance |
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83 | 83 | | evaluation process for all tenured faculty at the institution. |
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84 | 84 | | SECTION 4. Section 51.943(c), Education Code, is amended to |
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85 | 85 | | read as follows: |
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86 | 86 | | (c) For the purposes of this section, an institution of |
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87 | 87 | | higher education is not required to provide an annual contract to |
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88 | 88 | | tenured [tenure or tenure-track] faculty, but must provide tenured |
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89 | 89 | | [tenure and tenure-track] faculty with [any] written notification |
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90 | 90 | | [required in the institution's tenure policy] of any [a] change in a |
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91 | 91 | | term of employment according to the policies of the institution, |
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92 | 92 | | but no later than the 30th day prior to the change. |
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93 | 93 | | SECTION 5. Section 51.948(b), Education Code, is amended to |
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94 | 94 | | read as follows: |
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95 | 95 | | (b) A contract entered into by a governing board under this |
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96 | 96 | | section may not: |
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97 | 97 | | (1) provide for employment for more than three years; |
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98 | 98 | | (2) allow for severance or other payments on the |
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99 | 99 | | termination of the contract to exceed an amount equal to the |
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100 | 100 | | discounted net present cash value of the contract on termination at |
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101 | 101 | | a market interest rate agreed upon in the contract; or |
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102 | 102 | | (3) allow for development leave that is inconsistent |
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103 | 103 | | with Section 51.105[; or |
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104 | 104 | | [(4) award tenure in any way that varies from the |
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105 | 105 | | institution's general policy on the award of tenure]. |
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106 | 106 | | SECTION 6. Section 51.9745(a), Education Code, is amended |
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107 | 107 | | to read as follows: |
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108 | 108 | | (a) Each general academic teaching institution, as defined |
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109 | 109 | | by Section 61.003, shall make available to the public on the |
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110 | 110 | | institution's Internet website the following information for the |
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111 | 111 | | institution: |
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112 | 112 | | (1) the student/faculty ratio; |
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113 | 113 | | (2) the percentage of all full-time equivalent faculty |
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114 | 114 | | members with teaching responsibility who are tenured [or tenure |
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115 | 115 | | track]; |
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116 | 116 | | (3) the percentage of semester credit hours taken by |
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117 | 117 | | students classified as freshmen or sophomores that are taught by |
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118 | 118 | | tenured [and tenure track] faculty members; |
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119 | 119 | | (4) the number of faculty members in each of the |
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120 | 120 | | following faculty ranks, including a breakdown for each rank |
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121 | 121 | | showing the numbers of faculty members by race, ethnicity, and |
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122 | 122 | | gender: |
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123 | 123 | | (A) professor; |
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124 | 124 | | (B) associate professor; |
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125 | 125 | | (C) assistant professor; |
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126 | 126 | | (D) instructor; |
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127 | 127 | | (E) nontenured [or nontenure track]; and |
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128 | 128 | | (F) teaching assistant; |
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129 | 129 | | (5) average faculty salaries by rank; |
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130 | 130 | | (6) the amount of money appropriated by the |
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131 | 131 | | legislature per full-time equivalent faculty member and full-time |
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132 | 132 | | equivalent student; |
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133 | 133 | | (7) the total revenue the institution spent per |
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134 | 134 | | full-time equivalent faculty member and full-time equivalent |
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135 | 135 | | student; |
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136 | 136 | | (8) the amount of federal and private research |
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137 | 137 | | expenditures per tenured [or tenure track] full-time equivalent |
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138 | 138 | | faculty member; |
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139 | 139 | | (9) the number and percentage of faculty members |
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140 | 140 | | holding extramural research grants; |
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141 | 141 | | (10) the number and names of awards to faculty members |
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142 | 142 | | from nationally recognized entities, including those identified by |
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143 | 143 | | The Center for Measuring University Performance; and |
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144 | 144 | | (11) the number of endowed professorships or chairs. |
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145 | 145 | | SECTION 7. Section 51A.053(c), Education Code, is amended |
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146 | 146 | | to read as follows: |
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147 | 147 | | (c) Except as otherwise provided by the coordinating board |
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148 | 148 | | under Subsection (a), the resume must include the following |
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149 | 149 | | information relating to the most recent state fiscal year for which |
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150 | 150 | | the information is available: |
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151 | 151 | | (1) under the heading "ENROLLMENT": |
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152 | 152 | | (A) the total number of students enrolled in the |
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153 | 153 | | institution during the fall semester that ended in the fiscal year |
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154 | 154 | | covered by the resume; |
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155 | 155 | | (B) the percentage of undergraduate students |
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156 | 156 | | enrolled in the institution for the first time during the fall |
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157 | 157 | | semester that ended in the fiscal year covered by the resume who are |
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158 | 158 | | transfer students; and |
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159 | 159 | | (C) a clearly identifiable link to the |
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160 | 160 | | information described by Paragraph (A) disaggregated by student |
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161 | 161 | | ethnicity; |
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162 | 162 | | (2) under the heading "DEGREES AWARDED": |
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163 | 163 | | (A) the number of bachelor's degrees, number of |
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164 | 164 | | master's degrees, number of doctoral degrees, and number of |
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165 | 165 | | professional degrees awarded by the institution; and |
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166 | 166 | | (B) a clearly identifiable link to the |
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167 | 167 | | information described by Paragraph (A) disaggregated by student |
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168 | 168 | | ethnicity; |
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169 | 169 | | (3) under the heading "COSTS": |
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170 | 170 | | (A) the average annual total academic costs for a |
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171 | 171 | | resident undergraduate student enrolled in 30 semester credit hours |
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172 | 172 | | at the institution; |
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173 | 173 | | (B) clearly identifiable links to information |
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174 | 174 | | regarding: |
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175 | 175 | | (i) the rate or rates of tuition per |
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176 | 176 | | semester credit hour charged by the institution; and |
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177 | 177 | | (ii) any mandatory fees, as defined by the |
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178 | 178 | | coordinating board, imposed by the institution; |
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179 | 179 | | (C) the average cost of on-campus room and board |
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180 | 180 | | per student; and |
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181 | 181 | | (D) the average cost to a resident undergraduate |
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182 | 182 | | student enrolled in 30 semester credit hours for total academic |
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183 | 183 | | costs and on-campus room and board, excluding the cost of books, |
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184 | 184 | | supplies, transportation, or other expenses; |
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185 | 185 | | (4) under the heading "FINANCIAL AID": |
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186 | 186 | | (A) the percentage of undergraduate students |
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187 | 187 | | enrolled in the institution who receive need-based grants or |
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188 | 188 | | scholarships; |
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189 | 189 | | (B) the percentage of undergraduate students |
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190 | 190 | | enrolled in the institution who receive need-based grants, |
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191 | 191 | | scholarships, loans, or work-study funds; |
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192 | 192 | | (C) the percentage of undergraduate students |
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193 | 193 | | enrolled in the institution who receive student loans; |
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194 | 194 | | (D) the average amount of an undergraduate |
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195 | 195 | | student's need-based grant and scholarship package; |
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196 | 196 | | (E) the average amount of an undergraduate |
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197 | 197 | | student's need-based grant, scholarship, loan, and work-study |
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198 | 198 | | package; and |
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199 | 199 | | (F) the average amount of an undergraduate |
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200 | 200 | | student's student loans; |
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201 | 201 | | (5) under the heading "ADMISSIONS": |
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202 | 202 | | (A) the middle 50 percent test score range of |
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203 | 203 | | first-time undergraduate students at the institution whose |
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204 | 204 | | Scholastic Assessment Test (SAT) scores were in the 25th to 75th |
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205 | 205 | | percentile of students' scores at that institution; |
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206 | 206 | | (B) the middle 50 percent test score range of |
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207 | 207 | | first-time undergraduate students at the institution whose |
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208 | 208 | | American College Test (ACT) scores were in the 25th to 75th |
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209 | 209 | | percentile of students' scores at that institution; and |
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210 | 210 | | (C) the percentage of the students who applied |
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211 | 211 | | for first-time undergraduate admission to the institution who were |
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212 | 212 | | offered admission to the institution; |
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213 | 213 | | (6) under the heading "INSTRUCTION": |
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214 | 214 | | (A) the student/faculty ratio at the |
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215 | 215 | | institution; |
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216 | 216 | | (B) the percentage of organized undergraduate |
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217 | 217 | | classes offered by the institution in which fewer than 20 students |
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218 | 218 | | are enrolled; |
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219 | 219 | | (C) the percentage of organized undergraduate |
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220 | 220 | | classes offered by the institution in which more than 50 students |
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221 | 221 | | are enrolled; and |
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222 | 222 | | (D) the percentage of teaching faculty members of |
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223 | 223 | | the institution who are tenured [or tenure-track]; |
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224 | 224 | | (7) under the heading "BACCALAUREATE SUCCESS": |
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225 | 225 | | (A) four-year, five-year, and six-year |
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226 | 226 | | graduation rates for full-time bachelor's degree-seeking students |
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227 | 227 | | at the institution, and links to that information disaggregated by |
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228 | 228 | | student ethnicity; |
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229 | 229 | | (B) the average number of fall and spring |
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230 | 230 | | semesters of enrollment attempted by a student to obtain a |
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231 | 231 | | bachelor's degree; and |
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232 | 232 | | (C) the retention rate of first-time, full-time, |
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233 | 233 | | degree-seeking entering undergraduate students enrolled in the |
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234 | 234 | | institution after one academic year and after two academic years; |
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235 | 235 | | (8) under the heading "FIRST-TIME LICENSURE OR |
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236 | 236 | | CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or |
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237 | 237 | | certification examination pass rates in the fields of education, |
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238 | 238 | | law, pharmacy, nursing, and engineering of students enrolled in the |
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239 | 239 | | institution or who have graduated from the institution; and |
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240 | 240 | | (9) under the heading "FUNDING": |
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241 | 241 | | (A) the total amount of money appropriated by the |
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242 | 242 | | legislature to the institution, including money appropriated for |
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243 | 243 | | faculty and staff health coverage and retirement benefits, for that |
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244 | 244 | | state fiscal year and the corresponding percentage of the |
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245 | 245 | | institution's operating budget for that state fiscal year that the |
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246 | 246 | | total amount of money appropriated by the legislature represents; |
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247 | 247 | | (B) the total amount of federal funds from all |
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248 | 248 | | federal sources, including grants and research funds, received by |
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249 | 249 | | the institution in that state fiscal year and the corresponding |
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250 | 250 | | percentage of the institution's operating budget for that state |
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251 | 251 | | fiscal year that the total amount of federal funds represents; |
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252 | 252 | | (C) the total academic costs charged to students |
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253 | 253 | | by the institution in that state fiscal year and the corresponding |
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254 | 254 | | percentage of the institution's operating budget for that state |
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255 | 255 | | fiscal year that the total academic costs represent; and |
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256 | 256 | | (D) the total amount of money from any source |
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257 | 257 | | available to the institution in that state fiscal year. |
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258 | 258 | | SECTION 8. Section 61.057, Education Code, is amended to |
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259 | 259 | | read as follows: |
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260 | 260 | | Sec. 61.057. PROMOTION OF TEACHING EXCELLENCE. To achieve |
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261 | 261 | | excellence in the teaching of students at institutions and agencies |
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262 | 262 | | of higher education, the board shall: |
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263 | 263 | | (1) develop and recommend: |
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264 | 264 | | (A) minimum faculty compensation plans, basic |
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265 | 265 | | increment programs, and incentive salary increases; |
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266 | 266 | | (B) minimum standards for faculty appointment, |
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267 | 267 | | advancement, promotion, and retirement; |
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268 | 268 | | (C) general policies for faculty teaching loads, |
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269 | 269 | | and division of faculty time between teaching, research, |
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270 | 270 | | administrative duties, and special assignments; |
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271 | 271 | | (D) faculty improvement programs, including a |
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272 | 272 | | plan for sabbatical leaves, appropriate for the junior and senior |
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273 | 273 | | colleges and universities, respectively; and |
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274 | 274 | | (E) minimum standards for academic freedom[,] |
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275 | 275 | | and academic responsibility[, and tenure]; |
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276 | 276 | | (2) pursue vigorously and continuously a goal of |
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277 | 277 | | having all college and university academic classes taught by |
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278 | 278 | | persons holding the minimum of an earned master's degree or its |
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279 | 279 | | equivalent in academic training, creative work, or professional |
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280 | 280 | | accomplishment; |
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281 | 281 | | (3) explore, promote, and coordinate the use of |
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282 | 282 | | educational television among institutions of higher education and |
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283 | 283 | | encourage participation by public and private schools and private |
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284 | 284 | | institutions of higher education in educational television; |
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285 | 285 | | (4) conduct, and encourage the institutions of higher |
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286 | 286 | | education to conduct, research into new methods, materials, and |
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287 | 287 | | techniques for improving the quality of instruction and for the |
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288 | 288 | | maximum utilization of all available teaching techniques, devices, |
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289 | 289 | | and resources, including but not limited to large classes, team |
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290 | 290 | | teaching, programmed instruction, interlibrary exchanges, joint |
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291 | 291 | | libraries, specially-designed facilities, visual aids, and other |
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292 | 292 | | innovations that offer promise for superior teaching or for meeting |
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293 | 293 | | the need for new faculty members to teach anticipated larger |
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294 | 294 | | numbers of students; and |
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295 | 295 | | (5) assume initiative and leadership in providing |
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296 | 296 | | through the institutions of higher education in the state those |
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297 | 297 | | programs and offerings which will achieve the objectives set forth |
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298 | 298 | | in Section 61.002 of this code. |
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299 | 299 | | SECTION 9. Section 61.0902(b), Education Code, is amended |
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300 | 300 | | to read as follows: |
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301 | 301 | | (b) Not later than the next November 1 following the |
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302 | 302 | | completion of an academic year, each general academic teaching |
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303 | 303 | | institution shall provide to the board one or more reports |
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304 | 304 | | containing data related to: |
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305 | 305 | | (1) the qualifications of the entering freshman class |
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306 | 306 | | for the academic year covered by the report, including: |
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307 | 307 | | (A) the average Texas Academic Skills Program |
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308 | 308 | | Test scores of the class; |
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309 | 309 | | (B) the average scores of the class on each |
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310 | 310 | | generally recognized test or assessment used in college and |
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311 | 311 | | university undergraduate admissions, including the Scholastic |
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312 | 312 | | Assessment Test and the American College Test; |
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313 | 313 | | (C) the range of scores of the class from the 25th |
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314 | 314 | | to the 75th percentile on each generally recognized test or |
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315 | 315 | | assessment used in college and university undergraduate |
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316 | 316 | | admissions, including the Scholastic Assessment Test and the |
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317 | 317 | | American College Test; |
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318 | 318 | | (D) the overall grade point average of the class |
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319 | 319 | | for the academic year covered by the report; |
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320 | 320 | | (E) the number of students in the class who |
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321 | 321 | | graduated in the top 10 percent of the student's high school |
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322 | 322 | | graduating class; and |
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323 | 323 | | (F) enrollment percentages by ethnicity; and |
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324 | 324 | | (2) student performance and institution efficiency, |
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325 | 325 | | including: |
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326 | 326 | | (A) the retention rate of full-time students |
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327 | 327 | | after the completion of one academic year at the institution; |
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328 | 328 | | (B) the percentage of full-time degree-seeking |
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329 | 329 | | undergraduate students who earn a baccalaureate degree before the |
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330 | 330 | | sixth anniversary of the date of the student's first enrollment at |
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331 | 331 | | the institution; |
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332 | 332 | | (C) the percentage of lower-division semester |
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333 | 333 | | credit hours taught by tenured [or tenure-track] faculty; |
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334 | 334 | | (D) the percentage of undergraduate classes with |
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335 | 335 | | fewer than 20 students; |
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336 | 336 | | (E) the percentage of undergraduate classes with |
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337 | 337 | | more than 50 students; |
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338 | 338 | | (F) the student-to-faculty ratio for |
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339 | 339 | | undergraduate students; |
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340 | 340 | | (G) the percentage of students receiving |
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341 | 341 | | financial aid; |
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342 | 342 | | (H) the average cost of tuition and fees for an |
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343 | 343 | | undergraduate student enrolled for 12 semester credit hours; |
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344 | 344 | | (I) the average cost of on-campus room and board |
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345 | 345 | | for an academic year, excluding summer sessions; |
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346 | 346 | | (J) the number of disciplines in which master's |
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347 | 347 | | degrees are offered; |
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348 | 348 | | (K) the number of disciplines in which doctoral |
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349 | 349 | | degrees are offered; |
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350 | 350 | | (L) a description of any departments, schools, or |
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351 | 351 | | certificate or degree programs of the institution that have a |
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352 | 352 | | statewide or national reputation for excellence; and |
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353 | 353 | | (M) statistics regarding job placement rates for |
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354 | 354 | | students awarded certificates or degrees by the institution. |
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355 | 355 | | SECTION 10. Section 141.001(3), Education Code, is amended |
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356 | 356 | | to read as follows: |
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357 | 357 | | (3) "Faculty member" means a person who is tenured [or |
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358 | 358 | | is in a tenure track position] and [is] employed by a public senior |
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359 | 359 | | college or university. |
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360 | 360 | | SECTION 11. Section 142.001(5), Education Code, is amended |
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361 | 361 | | to read as follows: |
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362 | 362 | | (5) "Faculty member" means a person who is tenured by |
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363 | 363 | | an eligible institution [or is in a tenure track position] or who is |
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364 | 364 | | a research professional employed by an eligible institution. |
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365 | 365 | | SECTION 12. Sections 51.942(b) and (f), Education Code, are |
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366 | 366 | | repealed. |
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367 | 367 | | SECTION 13. This Act takes effect September 1, 2025. |
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