By: Middleton S.B. No. 2647
A BILL TO BE ENTITLED
AN ACT
relating to the accreditation of postsecondary educational
institutions; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Education Code, is amended by adding
Subchapters G-1 and G-2 to read as follows:
SUBCHAPTER G-1. QUALITY REVIEW OF ACCREDITING AGENCIES
Sec. 51.371. DEFINITIONS. In this subchapter:
(1) "Accrediting agency" means an organization,
association, or other entity that accredits postsecondary
educational institutions.
(2) "Board," "institution of higher education," and
"recognized accrediting agency" have the meanings assigned by
Section 61.003.
Sec. 51.372. APPROVAL AND REVIEW OF ACCREDITING AGENCIES.
(a) The board shall identify and approve at least three accrediting
agencies best suited to serve as accreditors for institutions of
higher education.
(b) Subject to Subsections (c) and (d), the board shall
conduct a biennial evaluation of accrediting agencies approved
under Subsection (a). The evaluation must rate each agency as
unsatisfactory or satisfactory based on evaluation standards
established by board rule. The board shall make the evaluation
standards available to the public on the board's Internet website.
(c) If an institution of higher education seeks
accreditation from a recognized accrediting agency that the board
has not approved under Subsection (a), the board shall evaluate the
agency under Subsection (b) not later than the fifth anniversary of
the date the institution receives accreditation from the agency.
(d) If at the time the board would be required to conduct an
evaluation of an accrediting agency under Subsection (b) the board
does not have sufficient information to conduct the evaluation, the
board shall obtain the necessary information and conduct the
evaluation of the agency as soon as practicable.
(e) The board's evaluation of an accrediting agency under
Subsection (b) must include an assessment of whether the agency
requires or encourages the institution to take action that
conflicts with state law, including Section 51.3525.
(f) The board may revoke the approval of an accrediting
agency under Subsection (a) if the board determines based on an
evaluation under Subsection (b) that the agency should no longer be
approved.
(g) Not later than November 1 of each even-numbered year,
the board shall submit to the governor, the lieutenant governor,
the speaker of the house of representatives, the Legislative Budget
Board, and the chairs of the standing legislative committees with
primary jurisdiction over higher education and make available to
the public on the board's Internet website a report of the
evaluations made under this section. The report must include a
ranking of the performance of accrediting agencies approved under
Subsection (a) and information regarding any accrediting agency the
board determines should no longer be approved under that
subsection.
Sec. 51.373. ACCREDITATION OF INSTITUTIONS OF HIGHER
EDUCATION. (a) Each institution of higher education shall, at the
institution's expense, seek accreditation by an accrediting agency
approved by the board under Section 51.372(a) with a satisfactory
performance rating under Section 51.372(b).
(b) An institution of higher education accredited by an
accrediting agency that receives an unsatisfactory performance
rating under Section 51.372(b) shall, at the institution's expense,
obtain accreditation from an accrediting agency approved by the
board under Section 51.372(a) with a satisfactory performance
rating under Section 51.372(b) not later than the earlier of:
(1) the fifth anniversary of the date the agency
receives the unsatisfactory performance rating; or
(2) a date determined by board rule.
(c) An institution of higher education accredited by an
accrediting agency with a satisfactory performance rating under
Section 51.372(b) may continue to be accredited by that agency for
as long as the agency maintains a satisfactory performance rating.
Sec. 51.374. NONCOMPLIANCE. (a) If the board determines
that an institution of higher education has failed to substantially
comply with Section 51.373, the board shall provide the institution
and each person described by Section 51.372(g) with written notice
of the determination.
(b) An institution of higher education that receives notice
under Subsection (a) shall take corrective actions to comply with
Section 51.373 not later than the 180th day after the date of
receipt of the notice. If the institution fails to substantially
comply with Section 51.373 by that date, the board shall notify the
comptroller of the institution's noncompliance.
(c) On receipt of notice under Subsection (b), the
comptroller shall withhold all state funding from the institution
of higher education until the board notifies the comptroller that
the institution is substantially complying with Section 51.373.
Sec. 51.375. RULES. The board shall adopt rules as
necessary to implement this subchapter.
Sec. 51.376. APPLICABILITY OF SUBCHAPTER. This subchapter
expires on the 30th day after the date on which the board notifies
the secretary of state that each institution of higher education
subject to accreditation by the Texas Accreditation Agency under
Subchapter G-2 is accredited as required by that subchapter. The
secretary of state shall publish notice of that date in the Texas
Register.
SUBCHAPTER G-2. TEXAS ACCREDITATION AGENCY
Sec. 51.381. DEFINITIONS. In this subchapter:
(1) "Agency" means the Texas Accreditation Agency
established under this subchapter.
(2) "Board," "general academic teaching institution,"
"institution of higher education," "medical and dental unit,"
"private or independent institution of higher education," and
"public junior college" have the meanings assigned by Section
61.003.
(3) "Law school" means a postsecondary educational
institution or component of a postsecondary educational
institution that offers a juris doctor or equivalent program.
(4) "Legal division" means the division in the agency
established under Section 51.386.
(5) "Medical and dental division" means the division
in the agency established under Section 51.385.
Sec. 51.382. ESTABLISHMENT. (a) The Texas Accreditation
Agency is established to serve as the primary accrediting body for
institutions of higher education.
(b) The agency is administratively attached to and
supported by the Texas Higher Education Coordinating Board.
Sec. 51.383. BOARD OF TRUSTEES. (a) The agency is governed
by a board of trustees that consists of 11 members as follows:
(1) five members appointed by the governor;
(2) two members elected by general academic teaching
institutions;
(3) two members elected by public junior colleges;
(4) one member elected by the medical units of the
medical and dental units; and
(5) one member elected by the dental units of the
medical and dental units.
(b) The board shall hold an election to elect each member of
the board of trustees described by Subsections (a)(2) through (5).
Each general academic teaching institution, public junior college,
and medical and dental unit may nominate a candidate in the election
for the applicable trustee position being filled in the election
and is entitled to cast one vote in the election.
(c) A vacancy on the board of trustees is filled in the same
manner as the initial appointment or election for the applicable
position.
(d) Trustees serve staggered six-year terms, with the terms
of one or two appointed members and the terms of two or three
elected members expiring on February 1 of each odd-numbered year.
(e) The members of the board of trustees shall elect a
presiding officer from among its membership. The presiding officer
shall:
(1) convene meetings of the board of trustees;
(2) coordinate and direct the activities of the
agency; and
(3) communicate with the board regarding the
activities of the agency.
(f) A trustee is not entitled to compensation but is
entitled to reimbursement for the travel expenses incurred by the
trustee while transacting agency business, as provided by the
General Appropriations Act.
(g) The agency is subject to Chapters 551, 552, and 2001,
Government Code.
Sec. 51.384. POWERS AND DUTIES. (a) Subject to Section
51.385 or 51.386, the agency shall develop, implement, and maintain
rigorous accreditation standards for institutions of higher
education. The accreditation standards must ensure quality
education and institutional integrity based on the following
criteria for each institution of higher education:
(1) postsecondary economic outcomes;
(2) debt-to-earning potential of students;
(3) a clearly defined mission that:
(A) is publicly available and appropriate for
higher education; and
(B) addresses, as applicable, teaching,
learning, and research;
(4) a demonstrated commitment to continuous
improvement of educational programs and services to achieve the
institution's mission;
(5) regular assessment and documentation of
compliance by the institution with accreditation standards; and
(6) any other criteria the board considers necessary.
(b) Subject to Section 51.385 or 51.386, the agency shall
conduct an evaluation, including an on-site visit, of each
institution of higher education and assign an accreditation status
to the institution based on findings made during the agency's
evaluation.
(c) The agency shall collaborate with the board to ensure
the accreditation process and criteria are aligned with statewide
educational goals.
(d) The agency shall develop and maintain a publicly
accessible database on institutions of higher education evaluated
and accredited by the agency, including any findings and
recommendations made by the agency regarding the institution.
Sec. 51.385. ACCREDITATION OF MEDICAL AND DENTAL SCHOOLS.
(a) The agency shall establish a division dedicated to accrediting
medical and dental units.
(b) The medical and dental division shall develop
accreditation standards specific to medical and dental education
that take into consideration clinical training, research, and
compliance with state and federal health care regulations.
(c) The medical and dental division shall collaborate with
relevant health care and medical and dental education stakeholders,
including the Texas Medical Board, the State Board of Dental
Examiners, and the Health and Human Services Commission, to ensure
the standards developed under Subsection (b) align with educational
and practice requirements.
(d) The medical and dental division shall require a medical
and dental unit seeking accreditation to undergo a separate,
comprehensive review process that includes an evaluation of
clinical sites and an assessment of faculty credentials.
Sec. 51.386. ACCREDITATION OF LAW SCHOOLS. (a) The agency
shall establish a division dedicated to accrediting law schools.
(b) The legal division shall develop accreditation
standards specific to legal education.
(c) The legal division shall collaborate with relevant
legal education stakeholders, including the Board of Law Examiners,
to ensure the standards developed under Subsection (b) align with
educational and legal practice requirements.
(d) The legal division shall require a law school seeking
accreditation to undergo a separate, comprehensive review process
developed by the agency.
Sec. 51.387. REPORTS. The agency shall submit a report on
the status of the agency's activities and institutional compliance:
(1) not later than November 1 of each year, to the
board; and
(2) not later than November 1 of each even-numbered
year, to the governor, the lieutenant governor, the speaker of the
house of representatives, the Legislative Budget Board, and the
chairs of the standing legislative committees with primary
jurisdiction over higher education.
Sec. 51.388. VOLUNTARY ACCREDITATION PROCESS. (a) An
out-of-state postsecondary educational institution or a private or
independent institution of higher education may apply for
accreditation by the agency.
(b) The agency shall:
(1) establish a process by which an institution
described by Subsection (a) may apply for voluntary accreditation;
(2) allow an institution described by Subsection (a)
to request to be accredited through the accreditation process
provided by the medical and dental division; and
(3) maintain the same academic standards and other
standards for voluntary accreditation of an institution described
by Subsection (a) as the standards developed for accreditation for
institutions of higher education.
Sec. 51.389. FEES. (a) The agency may collect a fee from an
institution of higher education, medical and dental unit, law
school, out-of-state postsecondary educational institution, or
private or independent institution of higher education undergoing
the accreditation process under this subchapter. A fee collected
under this section may be used only for the agency's operations.
(b) The agency and the board jointly shall prescribe the
amount of the fee charged for voluntary accreditation under Section
51.388.
Sec. 51.390. GIFTS, GRANTS, AND DONATIONS. The board may
solicit, accept, and use gifts, grants, and donations from public
and private sources for the purposes of this subchapter.
Sec. 51.391. RULES. The board shall adopt rules as
necessary to implement this subchapter.
Sec. 51.392. TRANSITION TO ACCREDITATION BY AGENCY. (a)
Following the expiration of the institution's, unit's, or school's
accreditation cycle beginning before January 1, 2027, each
institution of higher education, medical and dental unit, and law
school must become accredited by the agency, the medical and dental
division, or the legal division, as applicable.
(b) An institution of higher education, medical and dental
unit, or law school shall submit written notice to the agency of the
institution's, unit's, or school's intent to seek accreditation by
the agency not later than six months before the date the
institution's, unit's, or school's accreditation received before
January 1, 2027, is scheduled to expire.
(c) The agency shall provide guidance and support to
institutions of higher education, medical and dental units, and law
schools throughout the transition to agency accreditation to
minimize disruptions and ensure compliance with this subchapter.
(d) This section applies to:
(1) an institution of higher education only if the
agency is officially recognized as an accrediting agency by the
United States Department of Education;
(2) a medical and dental unit only if the medical and
dental division is officially recognized as an accrediting agency
by the United States Department of Education; and
(3) a law school only if the legal division is
officially recognized as an accrediting agency by the United States
Department of Education.
(e) If the board determines that an institution of higher
education, medical and dental unit, or law school has failed to
substantially comply with this section, the board shall provide the
institution, unit, or school and each person described by Section
51.387(2) with written notice of the determination.
(f) An institution of higher education, medical and dental
unit, or law school that receives notice under Subsection (e) shall
take corrective actions to comply with this section not later than
the 180th day after the date of receipt of the notice. If the
institution, unit, or school fails to substantially comply with
this section by that date, the board shall notify the comptroller of
the institution's, unit's, or school's noncompliance.
(g) On receipt of notice under Subsection (f), the
comptroller shall withhold all state funding from the institution
of higher education, medical and dental unit, or law school until
the board notifies the comptroller that the institution, unit, or
school is substantially complying with this section.
(h) This section expires September 1, 2037.
SECTION 2. Sections 61.003(13) and (15), Education Code,
are amended to read as follows:
(13) "Recognized accrediting agency" means [the
Southern Association of Colleges and Schools and] any [other]
association or organization approved [so designated] by the board.
(15) "Private or independent institution of higher
education" includes only a private or independent college or
university that is:
(A) organized under the Texas Non-Profit
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
Statutes);
(B) exempt from taxation under Article VIII,
Section 2, of the Texas Constitution and Section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. Section 501); and
(C) accredited by:
(i) a recognized accrediting agency
approved by the board for the purpose of accrediting general
academic teaching institutions [the Commission on Colleges of the
Southern Association of Colleges and Schools];
(ii) the Liaison Committee on Medical
Educationa recognized accrediting agency approved by the board for
the purpose of accrediting a medical or dental unit; or
(iii) the American Bar Association an
accreditor recognized by the United States Department of Education
for the purposes of institutional accreditation of law schools.
SECTION 3. Section 61.0515(a), Education Code, is amended
to read as follows:
(a) To earn a baccalaureate degree, a student may not be
required by a general academic teaching institution to complete
more than the minimum number of semester credit hours required for
the degree by the institution's recognized accrediting agency
[Southern Association of Colleges and Schools or its successor]
unless the institution determines that there is a compelling
academic reason for requiring completion of additional semester
credit hours for the degree.
SECTION 4. Section 61.05151(a), Education Code, is amended
to read as follows:
(a) To earn an associate degree, a student may not be
required by an institution of higher education to complete more
than the minimum number of semester credit hours required for the
degree by the institution's recognized accrediting agency
[Southern Association of Colleges and Schools or its successor]
unless the institution determines that there is a compelling
academic reason for requiring completion of additional semester
credit hours for the degree.
SECTION 5. Sections 61.222(a), (b), and (d), Education
Code, are amended to read as follows:
(a) The coordinating board shall approve only those private
or independent colleges or universities that are private or
independent institutions of higher education as defined by Section
61.003 as that section existed on January 1, 2025 [or are located
within this state and meet the same program standards and
accreditation as public institutions of higher education as
determined by the board].
(b) The coordinating board may temporarily approve a
private or independent institution of higher education as defined
by Section 61.003 as that section existed on January 1, 2025, that
previously qualified under Subsection (a) but no longer holds the
same accreditation as public institutions of higher education. To
qualify under this subsection, an institution must be:
(1) accredited by a recognized accrediting agency [an
accreditor recognized by the board];
(2) actively working toward the same accreditation as
public institutions of higher education;
(3) participating in the federal financial aid program
under 20 U.S.C. Section 1070a; and
(4) a "part B institution" as defined by 20 U.S.C.
Section 1061(2) and listed in 34 C.F.R. Section 608.2.
(d) The coordinating board shall approve a private or
independent institution of higher education as defined by Section
61.003 as that section existed on January 1, 2025, that previously
qualified under Subsection (a) but no longer holds the same
accreditation as public institutions of higher education. To
qualify under this subsection, an institution must be:
(1) accredited by a recognized accrediting agency [an
accreditor recognized by the board];
(2) a work college, as that term is defined by 20
U.S.C. Section 1087-58; and
(3) participating in the federal financial aid program
under 20 U.S.C. Section 1070a.
SECTION 6. Section 61.8235(f), Education Code, is amended
to read as follows:
(f) A student enrolled in a board-established program of
study who transfers from a public junior college, public state
college, or public technical institute to another public junior
college, public state college, or public technical institute that
offers a similar program, regardless of whether the institution has
adopted the board-established program of study, shall receive
academic credit from the institution to which the student
transferred for each of the courses that the student has
successfully completed in the program of study curriculum. Unless
otherwise required by the institution's recognized accrediting
agency [Commission on Colleges of the Southern Association of
Colleges and Schools], the student may complete the program of
study at the institution to which the student transferred by
completing only the remaining number of semester credit hours the
student would need to complete the program of study at the
institution from which the student transferred.
SECTION 7. Section 107.151(c), Education Code, is amended
to read as follows:
(c) Notwithstanding any other provision of this subchapter,
the university may operate as a general academic teaching
institution only after the Texas Higher Education Coordinating
Board certifies that the university is accredited by a recognized
accrediting agency, as defined by Section 61.003, [the Southern
Association of Colleges and Schools Commission on Colleges] and has
been approved by the coordinating board to offer one or more degree
programs. Until the coordinating board certifies that the
conditions of this subsection have been met, the board of regents
may operate a branch campus of Texas Woman's University in the city
of Dallas.
SECTION 8. Section 107.201(c), Education Code, is amended
to read as follows:
(c) Notwithstanding any other provision of this subchapter,
the university may operate as a general academic teaching
institution only after the Texas Higher Education Coordinating
Board certifies that the university is accredited by a recognized
accrediting agency, as defined by Section 61.003, [the Southern
Association of Colleges and Schools Commission on Colleges] and has
been approved by the coordinating board to offer one or more degree
programs. Until the coordinating board certifies that the
conditions of this subsection have been met, the board of regents
may operate a branch campus of Texas Woman's University in the city
of Houston.
SECTION 9. Section 130.301, Education Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Recognized accrediting agency" has the meaning
assigned by Section 61.003.
SECTION 10. Section 130.305, Education Code, is amended to
read as follows:
Sec. 130.305. ACCREDITATION. A public junior college
offering a baccalaureate degree program under this subchapter must
meet all applicable accreditation requirements of a recognized
accrediting agency [the Commission on Colleges of the Southern
Association of Colleges and Schools].
SECTION 11. Section 130.307(c), Education Code, is amended
to read as follows:
(c) Before a public junior college may be authorized to
offer a baccalaureate degree program under this subchapter, the
public junior college must submit a report to the coordinating
board that includes:
(1) a long-term financial plan for receiving
accreditation from a recognized accrediting agency [the Commission
on Colleges of the Southern Association of Colleges and Schools];
(2) a long-term plan for faculty recruitment that:
(A) indicates the ability to pay the increased
salaries of doctoral faculty;
(B) identifies recruitment strategies for new
faculty; and
(C) ensures the program would not draw faculty
employed by a neighboring institution offering a similar program;
(3) detailed information on the manner of program and
course delivery; and
(4) detailed information regarding existing
articulation agreements and dual enrollment agreements indicating:
(A) that at least three articulation agreements
have been established with general academic teaching institutions
or medical and dental units, or the reasons why no articulation
agreements have been established; and
(B) that, with the agreement of the applicable
general academic teaching institution or medical and dental unit,
established articulation agreements are at capacity.
SECTION 12. (a) Not later than January 1, 2026:
(1) the governor shall make the initial appointments
of members of the board of trustees of the Texas Accreditation
Agency as required by Section 51.383(a), Education Code, as added
by this Act; and
(2) the Texas Higher Education Coordinating Board
shall hold the initial elections required by Section 51.383(b),
Education Code, as added by this Act.
(b) In making the initial appointments, the governor shall
appoint two trustees to initial terms expiring February 1, 2031,
two trustees to initial terms expiring February 1, 2029, and one
trustee to an initial term expiring February 1, 2027.
(c) After the initial elections for trustees, the
commissioner of higher education by lot shall determine when the
terms of the initial elected trustees expire, with the initial
terms of two elected trustees expiring February 1, 2031, two
initial terms expiring February 1, 2029, and two initial terms
expiring February 1, 2027, except that the initial terms of the two
members elected under Section 51.383(a)(2) or (3) may not expire in
the same year.
SECTION 13. (a) In this section:
(1) "Agency" means the Texas Accrediting Agency.
(2) "Legal division" means the division of the agency
established under Section 51.386, Education Code, as added by this
Act.
(3) "Medical and dental division" means the division
of the agency established under Section 51.385, Education Code, as
added by this Act.
(b) Not later than September 1, 2026, the agency, the
medical and dental division, and the legal division shall develop
and present the agency's and divisions' respective accrediting
processes and criteria to the Texas Higher Education Coordinating
Board for review.
(c) Not later than December 1, 2026, the agency, the medical
and dental division, and the legal division shall adopt and submit
the agency's and divisions' respective accrediting processes and
criteria to the legislature.
(d) Not later than January 1, 2027, the agency, the medical
and dental division, and the legal division shall request
recognition as an accrediting agency for institutions of higher
education, medical and dental units, or law schools, as applicable,
from the United States Department of Education and perform all
actions and submit to the department all materials necessary for
that purpose.
SECTION 14. Notwithstanding Section 51.387, Education
Code, as added by this Act, the Texas Accreditation Agency shall
submit the initial report:
(1) required by Section 51.387(1), Education Code, as
added by this Act, not later than November 1, 2027; and
(2) required by Section 51.387(2), Education Code, as
added by this Act, not later than November 1, 2028.
SECTION 15. Section 51.388, Education Code, as added by
this Act, applies beginning January 1, 2028.
SECTION 16. This Act takes effect September 1, 2025.