1 | 1 | | 89R1615 KJE-F |
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2 | 2 | | By: Middleton S.B. No. 757 |
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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 the review, funding, and continuation of degree and |
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10 | 10 | | certificate programs at public institutions of higher education |
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11 | 11 | | based on certain performance standards. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Sections 61.0512(d), (e), and (f), Education |
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14 | 14 | | Code, are amended to read as follows: |
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15 | 15 | | (d) The board shall [may] review the number of degrees or |
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16 | 16 | | certificates awarded through a degree or certificate program every |
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17 | 17 | | five [four] years or more frequently, at the board's discretion. |
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18 | 18 | | (e) Subject to Section 61.05123(d), the [The] board shall |
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19 | 19 | | review each degree or certificate program offered by an institution |
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20 | 20 | | of higher education at least every five [10] years after a new |
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21 | 21 | | program is established using the criteria prescribed by Subsection |
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22 | 22 | | (c). |
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23 | 23 | | (f) Except as provided by Section 61.05123(f), the [The] |
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24 | 24 | | board may not order the consolidation or elimination of any degree |
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25 | 25 | | or certificate program offered by an institution of higher |
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26 | 26 | | education but may, based on the board's review under Subsections |
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27 | 27 | | (d) and (e), recommend such action to an institution's governing |
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28 | 28 | | board. If an institution's governing board does not accept |
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29 | 29 | | recommendations to consolidate or eliminate a degree or certificate |
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30 | 30 | | program, the university system or, where a system does not exist, |
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31 | 31 | | the institution, must identify the programs recommended for |
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32 | 32 | | consolidation or elimination on the next legislative |
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33 | 33 | | appropriations request submitted by the system or institution. |
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34 | 34 | | SECTION 2. Subchapter C, Chapter 61, Education Code, is |
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35 | 35 | | amended by adding Section 61.05123 to read as follows: |
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36 | 36 | | Sec. 61.05123. PROGRAM PERFORMANCE STANDARDS. (a) In |
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37 | 37 | | reviewing a degree or certificate program under Section 61.0512(e), |
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38 | 38 | | the board shall first determine using the most recent data |
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39 | 39 | | available from the Texas Workforce Commission, institutions of |
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40 | 40 | | higher education, the federal government, and any other reliable |
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41 | 41 | | source the median student loan debt as a percentage of median annual |
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42 | 42 | | earnings for program graduates the following number of years after |
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43 | 43 | | graduation: |
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44 | 44 | | (1) for an undergraduate program, two years; |
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45 | 45 | | (2) for a master's program or equivalent, three years; |
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46 | 46 | | and |
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47 | 47 | | (3) for a doctoral program or equivalent, five years. |
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48 | 48 | | (b) In determining the median student loan debt as a |
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49 | 49 | | percentage of median annual earnings for program graduates under |
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50 | 50 | | Subsection (a), the board may not consider, to the extent |
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51 | 51 | | practicable, program graduates who enrolled in a more advanced |
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52 | 52 | | degree or certificate program not later than two years after |
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53 | 53 | | graduation. |
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54 | 54 | | (c) The board shall assign a performance rating of: |
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55 | 55 | | (1) "reward" to a program with a debt as a percentage |
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56 | 56 | | of earnings value of 75 percent or less; |
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57 | 57 | | (2) "monitor" to a program with a debt as a percentage |
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58 | 58 | | of earnings value of more than 75 percent but not more than 100 |
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59 | 59 | | percent; |
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60 | 60 | | (3) "sanction" to a program with a debt as a percentage |
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61 | 61 | | of earnings value of more than 100 percent but not more than 125 |
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62 | 62 | | percent; and |
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63 | 63 | | (4) "sunset" to a program with a debt as a percentage |
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64 | 64 | | of earnings value of more than 125 percent. |
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65 | 65 | | (d) A degree or certificate program that receives a "reward" |
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66 | 66 | | performance rating is exempt from the portion of the review under |
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67 | 67 | | Section 61.0512(e) using the criteria prescribed by Section |
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68 | 68 | | 61.0512(c). |
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69 | 69 | | (e) An institution of higher education may not use for a |
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70 | 70 | | degree or certificate program that receives a "sanction" or |
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71 | 71 | | "sunset" performance rating money appropriated for formula funding |
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72 | 72 | | increases, institutional enhancements, or exceptional items for |
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73 | 73 | | the first state fiscal biennium that begins after the program |
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74 | 74 | | receives the performance rating. |
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75 | 75 | | (f) Except as provided by Subsection (g), an institution of |
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76 | 76 | | higher education that receives notice from the board that a degree |
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77 | 77 | | or certificate program offered by the institution has received a |
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78 | 78 | | "sunset" performance rating: |
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79 | 79 | | (1) may not enroll new students in the program after |
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80 | 80 | | receipt of notice; |
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81 | 81 | | (2) shall: |
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82 | 82 | | (A) permit each student enrolled in the program |
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83 | 83 | | immediately before receipt of notice to complete the program; and |
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84 | 84 | | (B) inform each student enrolled in the program |
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85 | 85 | | regarding the rating and the ramifications of that rating; and |
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86 | 86 | | (3) after each student enrolled in the program |
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87 | 87 | | immediately before receipt of the notice graduates or leaves the |
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88 | 88 | | program, shall consolidate or eliminate the program, as required by |
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89 | 89 | | the board in the notice. |
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90 | 90 | | (g) If the prohibitions and requirements for a degree or |
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91 | 91 | | certificate program under Subsection (f) would result in a course |
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92 | 92 | | necessary to fulfill an institution of higher education's core |
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93 | 93 | | curriculum under Section 61.822 no longer being offered at the |
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94 | 94 | | institution, Subsection (f) and Section 61.054 do not apply to the |
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95 | 95 | | program to the extent necessary for the institution to offer that |
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96 | 96 | | course. If this subsection applies to more than one program at the |
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97 | 97 | | institution with respect to the same course, the board shall select |
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98 | 98 | | one of those programs to be exempt under this subsection. |
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99 | 99 | | (h) The board shall adopt rules necessary to implement this |
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100 | 100 | | section. |
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101 | 101 | | SECTION 3. Section 61.054, Education Code, is amended to |
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102 | 102 | | read as follows: |
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103 | 103 | | Sec. 61.054. EXPENDITURES FOR PROGRAMS DISAPPROVED BY |
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104 | 104 | | BOARD. No funds appropriated to any institution of higher |
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105 | 105 | | education may be expended for any program that [which] has been |
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106 | 106 | | disapproved by the board under this subchapter or, subject to |
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107 | 107 | | Section 61.05123(g), received a "sunset" performance rating under |
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108 | 108 | | Section 61.05123, unless the program is subsequently specifically |
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109 | 109 | | approved by the legislature. |
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110 | 110 | | SECTION 4. This Act takes effect September 1, 2025. |
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