By: Zaffirini  S.B. No. 38
         (In the Senate - Filed November 8, 2010; January 31, 2011,
  read first time and referred to Committee on Higher Education;
  March 17, 2011, reported favorably by the following vote:  Yeas 6,
  Nays 0; March 17, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the inclusion of certain private postsecondary
  educational institutions and career schools and colleges in the
  higher education accountability system of the Texas Higher
  Education Coordinating Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.0904, Education Code, is amended to
  read as follows:
         Sec. 61.0904.  HIGHER EDUCATION ACCOUNTABILITY SYSTEM
  [REVIEW OF INSTITUTIONAL GROUPINGS].  (a)  At least once every 10
  years, the board shall conduct a review of the institutional
  groupings under the board's higher education accountability
  system, including a review of the criteria for and definitions
  assigned to those groupings.
         (b)  The board shall include within the board's higher
  education accountability system any for-profit private
  postsecondary educational institutions or for-profit career
  schools and colleges in this state that offer degree programs.
  Regardless of whether the board is conducting a periodic review of
  institutional groupings as required by Subsection (a), the board
  shall determine whether to create one or more separate
  institutional groupings for entities to which this subsection
  applies. In implementing this subsection, the board shall:
               (1)  consult with affected private postsecondary
  educational institutions and career schools and colleges regarding
  the imposition of reporting requirements on those entities; and
               (2)  adopt rules that clearly define the types and
  amounts of information to be reported to the board.
         (c)  In advance of each regular session of the legislature,
  the board shall report to each standing legislative committee with
  primary jurisdiction over higher education regarding any entities
  to which Subsection (b) applies that do not participate in the
  board's higher education accountability system as provided by that
  subsection.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
  * * * * *