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        |  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the establishment of the Texas Competency-Based | 
      
        |  | Education Grant Program for certain students enrolled in | 
      
        |  | competency-based baccalaureate degree programs at certain | 
      
        |  | institutions of higher education. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Chapter 56, Education Code, is amended by adding | 
      
        |  | Subchapter U to read as follows: | 
      
        |  | SUBCHAPTER U.  TEXAS COMPETENCY-BASED EDUCATION GRANT PROGRAM | 
      
        |  | Sec. 56.601.  DEFINITIONS.  In this subchapter: | 
      
        |  | (1)  "Competency-based baccalaureate degree program" | 
      
        |  | means a baccalaureate degree program under which academic credit is | 
      
        |  | awarded based solely on a student's attainment of competencies. | 
      
        |  | The term may include a program that is organized around traditional | 
      
        |  | course-based units, including for online or other distance | 
      
        |  | education, that a student must earn for degree completion. | 
      
        |  | (2)  "Coordinating board" means the Texas Higher | 
      
        |  | Education Coordinating Board. | 
      
        |  | (3)  "Eligible institution" means: | 
      
        |  | (A)  a general academic teaching institution; | 
      
        |  | (B)  a private or independent institution of | 
      
        |  | higher education; | 
      
        |  | (C)  a public junior college authorized to offer | 
      
        |  | baccalaureate degree programs under Section 130.0012; or | 
      
        |  | (D)  a nonprofit, tax-exempt, regionally | 
      
        |  | accredited college or university operating in accordance with a | 
      
        |  | memorandum of understanding with this state under an executive | 
      
        |  | order issued by the governor and offering competency-based, | 
      
        |  | exclusively online baccalaureate degree programs. | 
      
        |  | (4)  "Expected family contribution" means the amount of | 
      
        |  | discretionary income that should be available to a student from the | 
      
        |  | resources of the student and of the student's family, as determined | 
      
        |  | by the coordinating board following the methodology prescribed by | 
      
        |  | the United States Department of Education for the purpose of | 
      
        |  | determining a student's eligibility for need-based student | 
      
        |  | financial assistance. | 
      
        |  | (5)  "General academic teaching institution," "private | 
      
        |  | or independent institution of higher education," and "public junior | 
      
        |  | college" have the meanings assigned by Section 61.003. | 
      
        |  | (6)  "Program" means the Texas Competency-Based | 
      
        |  | Education Grant Program established under this subchapter. | 
      
        |  | Sec. 56.602.  PURPOSE.  The purpose of the Texas | 
      
        |  | Competency-Based Education Grant Program is to provide financial | 
      
        |  | assistance to enable eligible students to enroll in | 
      
        |  | competency-based baccalaureate degree programs at eligible | 
      
        |  | institutions. | 
      
        |  | Sec. 56.603.  ADMINISTRATION OF PROGRAM; PRIORITY FOR | 
      
        |  | FINANCIAL NEED.  (a)  The coordinating board shall: | 
      
        |  | (1)  administer the program; | 
      
        |  | (2)  using the negotiated rulemaking procedures under | 
      
        |  | Chapter 2008, Government Code, adopt rules for determining the | 
      
        |  | allocation of funds under the program among eligible institutions; | 
      
        |  | and | 
      
        |  | (3)  adopt any other rules necessary to implement the | 
      
        |  | program or this subchapter. | 
      
        |  | (b)  The coordinating board shall consult with the student | 
      
        |  | financial aid officers of eligible institutions in developing the | 
      
        |  | rules adopted under Subsection (a). | 
      
        |  | (c)  The total amount of grants awarded under the program may | 
      
        |  | not exceed the amount available for the program from | 
      
        |  | appropriations, gifts, grants, or other funds. | 
      
        |  | (d)  In determining who should receive a grant under the | 
      
        |  | program, the coordinating board and the eligible institutions shall | 
      
        |  | give highest priority to awarding grants to students who | 
      
        |  | demonstrate the greatest unmet financial need. | 
      
        |  | Sec. 56.604.  INITIAL ELIGIBILITY FOR GRANT.  (a)  To be | 
      
        |  | eligible initially for a grant under the program, a person must: | 
      
        |  | (1)  be a resident of this state as determined by | 
      
        |  | coordinating board rules; | 
      
        |  | (2)  meet financial need requirements as defined by | 
      
        |  | coordinating board rules, including a requirement that the person's | 
      
        |  | expected family contribution for the academic year does not exceed | 
      
        |  | the maximum expected family contribution established for this | 
      
        |  | purpose by the coordinating board; | 
      
        |  | (3)  be enrolled in a competency-based baccalaureate | 
      
        |  | degree program at an eligible institution; | 
      
        |  | (4)  not be receiving a TEXAS grant under Subchapter M, | 
      
        |  | a tuition equalization grant under Subchapter F, Chapter 61, or any | 
      
        |  | other state-funded student financial assistance for the same | 
      
        |  | academic period; and | 
      
        |  | (5)  comply with any additional nonacademic | 
      
        |  | requirement adopted by the coordinating board under this | 
      
        |  | subchapter. | 
      
        |  | (b)  A person is not eligible to receive a grant under the | 
      
        |  | program if the person has been granted a baccalaureate degree. | 
      
        |  | (c)  A person's eligibility for a grant under the program | 
      
        |  | ends on the earliest of the following dates: | 
      
        |  | (1)  the fourth anniversary of the initial award of a | 
      
        |  | grant under the program to the person, if at the time of the initial | 
      
        |  | award the person had earned less than 60 semester credit hours or an | 
      
        |  | equivalent number of competency units or credits toward the | 
      
        |  | person's degree; | 
      
        |  | (2)  the second anniversary of the initial award of a | 
      
        |  | grant under the program to the person, if at the time of the initial | 
      
        |  | award the person had earned 60 or more semester credit hours or an | 
      
        |  | equivalent number of competency units or credits toward the | 
      
        |  | person's degree; or | 
      
        |  | (3)  the date the person receives a baccalaureate | 
      
        |  | degree. | 
      
        |  | Sec. 56.605.  CONTINUING ELIGIBILITY AND ACADEMIC | 
      
        |  | PERFORMANCE REQUIREMENTS.  (a)  After initially qualifying for a | 
      
        |  | grant under the program, a person may continue to receive a grant | 
      
        |  | under the program during each semester or term in which the person | 
      
        |  | is enrolled at an eligible institution only if the person: | 
      
        |  | (1)  meets the criteria for initial eligibility under | 
      
        |  | Section 56.604(a); | 
      
        |  | (2)  makes satisfactory academic progress toward a | 
      
        |  | baccalaureate degree; and | 
      
        |  | (3)  complies with any additional nonacademic | 
      
        |  | requirement adopted by the coordinating board. | 
      
        |  | (b)  If a person fails to meet any of the requirements of | 
      
        |  | Subsection (a) after the completion of any semester or term, the | 
      
        |  | person may not receive a grant under the program during the next | 
      
        |  | semester or term in which the person enrolls.  Unless the person's | 
      
        |  | eligibility for a grant expires under Section 56.604(c), a person | 
      
        |  | may become eligible to receive a grant under the program in a | 
      
        |  | subsequent semester or term if the person: | 
      
        |  | (1)  completes at least 12 semester credit hours or an | 
      
        |  | equivalent number of competency units or credits in a semester or | 
      
        |  | term during which the student is not eligible for a grant; and | 
      
        |  | (2)  meets all the requirements of Subsection (a). | 
      
        |  | (c)  For the purpose of this section, a person makes | 
      
        |  | satisfactory academic progress toward a baccalaureate degree only | 
      
        |  | if the person completes at least 12 semester credit hours or an | 
      
        |  | equivalent number of competency units or credits in each semester | 
      
        |  | or term in which the person is enrolled. | 
      
        |  | (d)  The coordinating board shall adopt rules to allow a | 
      
        |  | person who is otherwise eligible to receive a grant under the | 
      
        |  | program to receive a grant if the student's completion rate falls | 
      
        |  | below the satisfactory academic progress requirements of this | 
      
        |  | section in the event of a hardship or for other good cause shown, | 
      
        |  | including: | 
      
        |  | (1)  a showing of a severe illness or other | 
      
        |  | debilitating condition that may affect the person's academic | 
      
        |  | performance; or | 
      
        |  | (2)  a showing that the person is responsible for the | 
      
        |  | care of a sick, injured, or needy person and that the person's | 
      
        |  | provision of care may affect the person's academic performance. | 
      
        |  | Sec. 56.606.  GRANT USE.  A person receiving a grant under | 
      
        |  | the program may use the money to pay any usual and customary cost of | 
      
        |  | attendance at an eligible institution incurred by the student.  The | 
      
        |  | institution may disburse all or part of the proceeds of a grant | 
      
        |  | under the program to an eligible person only if the tuition and | 
      
        |  | required fees incurred by the person at the institution have been | 
      
        |  | paid. | 
      
        |  | Sec. 56.607.  GRANT AMOUNT.  (a)  The maximum annual amount | 
      
        |  | of a grant under the program for a full-time undergraduate student | 
      
        |  | equivalent enrolled at an eligible institution is an amount equal | 
      
        |  | to 75 percent of the average state appropriation for the state | 
      
        |  | fiscal biennium preceding the biennium in which the grant is | 
      
        |  | awarded for a full-time undergraduate student equivalent enrolled | 
      
        |  | at a general academic teaching institution, as determined by the | 
      
        |  | coordinating board. | 
      
        |  | (b)  The coordinating board may adopt rules that allow the | 
      
        |  | coordinating board to increase or decrease, in proportion to the | 
      
        |  | number of semester credit hours or competency units or credits in | 
      
        |  | which a student is enrolled, the amount of a grant award to a | 
      
        |  | student who is enrolled in a number of semester credit hours or | 
      
        |  | competency units or credits in excess of or below 12 semester credit | 
      
        |  | hours or an equivalent number of competency units or credits. | 
      
        |  | Sec. 56.608.  GRANT NOT TO AFFECT ADMISSION.  An eligible | 
      
        |  | institution may not deny admission to or enrollment in the | 
      
        |  | institution based on a person's eligibility to receive a grant | 
      
        |  | under the program or a person's receipt of a grant under the | 
      
        |  | program. | 
      
        |  | SECTION 2.  (a)  The Texas Higher Education Coordinating | 
      
        |  | Board shall adopt rules to administer Subchapter U, Chapter 56, | 
      
        |  | Education Code, as added by this Act, as soon as practicable after | 
      
        |  | the effective date of this Act.  For that purpose, the coordinating | 
      
        |  | board may adopt the initial rules in the manner provided by law for | 
      
        |  | emergency rules. | 
      
        |  | (b)  The Texas Higher Education Coordinating Board shall | 
      
        |  | begin allocating funds to eligible institutions under Subchapter U, | 
      
        |  | Chapter 56, Education Code, as added by this Act, for the first | 
      
        |  | academic year for which money is appropriated for that purpose, | 
      
        |  | except that the coordinating board may not allocate funds under | 
      
        |  | that subchapter for an academic year before the 2016-2017 academic | 
      
        |  | year. | 
      
        |  | SECTION 3.  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, 2015. |