| |
| |
| |
|
|
AN ACT
|
|
|
relating to the regulation of certain educational institutions by |
|
|
the Texas Higher Education Coordinating Board; providing |
|
|
administrative penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter G, Chapter 61, Education Code, is |
|
|
amended by adding Section 61.3025 to read as follows: |
|
|
Sec. 61.3025. DEFINITION: ACADEMIC RECORDS. (a) In this |
|
|
subchapter, "academic records" means any information that is: |
|
|
(1) directly related to a student's educational |
|
|
efforts; |
|
|
(2) intended to support the student's progress toward |
|
|
completing a degree program; and |
|
|
(3) regardless of the format or manner in which or the |
|
|
location where the information is held, maintained by an |
|
|
institution for the purpose of sharing among academic officials. |
|
|
(b) The term "academic records" includes a student's |
|
|
educational history but does not include medical records, alumni |
|
|
records other than educational history, human resources records, or |
|
|
criminal history record information or other law enforcement |
|
|
records. |
|
|
SECTION 2. Section 61.303, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 61.303. EXEMPTIONS. (a) Unless specifically |
|
|
provided otherwise, the [The] provisions of this subchapter do not |
|
|
[in any way] apply to an institution that [which] is fully |
|
|
accredited by, and is not operating under sanctions imposed by, a |
|
|
recognized accrediting agency, or an institution or degree program |
|
|
that has received approval by a state agency authorizing the |
|
|
institution's graduates to take a professional or vocational state |
|
|
licensing examination administered by that agency. The granting of |
|
|
permission by a state agency to a graduate of an institution to take |
|
|
a licensing examination does not by itself constitute approval of |
|
|
the institution or degree program required for an exemption under |
|
|
this subsection. |
|
|
(b) The exemptions provided by Subsection (a) apply only to |
|
|
the degree level for which an institution is accredited, and if an |
|
|
institution offers to award a degree at a level for which it is not |
|
|
accredited, the exemption does not apply. |
|
|
(c) The board may issue to an [An] exempt institution or |
|
|
person [may be issued] a certificate of authorization to grant |
|
|
degrees. The board may adopt rules regarding a process to allow an |
|
|
exempt institution or person to apply for and receive a certificate |
|
|
of authorization under this section. |
|
|
(d) The board by rule may require an exempt institution or |
|
|
person to ensure that the financial resources and financial |
|
|
stability of the institution or person are adequate to provide |
|
|
education of a good quality and to fulfill the institution's or |
|
|
person's commitments to its enrolled students and may require the |
|
|
institution or person to provide to the board documentation of the |
|
|
institution's or person's compliance with those requirements. |
|
|
Rules adopted under this subsection must: |
|
|
(1) require the institution or person to maintain |
|
|
reserves, lines of credit, or surety instruments that, when |
|
|
combined with tuition and fee receipts, are sufficient to allow the |
|
|
institution or person to fulfill its educational obligations to its |
|
|
enrolled students if the institution or person is unable to |
|
|
continue to provide instruction to its enrolled students for any |
|
|
reason; and |
|
|
(2) require that the financial resources maintained |
|
|
under Subdivision (1) be conditioned to allow only the board to |
|
|
withdraw funds for the benefit of the institution's or person's |
|
|
enrolled students under the circumstance described by Subdivision |
|
|
(1). |
|
|
(e) To enable the board to verify the conditions under which |
|
|
a certificate of authorization issued under this section is held, |
|
|
the board by rule may require an exempt institution or person to |
|
|
report to the board on a continuing basis other appropriate |
|
|
information in addition to the documentation required under |
|
|
Subsection (d). |
|
|
(f) An exempt institution or person continues [would
|
|
|
continue] in that status only if the institution or person |
|
|
maintains [so long as it maintained] accreditation by, and is not |
|
|
operating under sanctions imposed by, a recognized accrediting |
|
|
agency or otherwise meets [met] the provisions of Subsection (a). |
|
|
(g) [(e)] The board by rule shall provide for due process |
|
|
and shall provide procedures for revoking or placing conditions on |
|
|
the exemption status of an institution or person or for revoking or |
|
|
placing conditions on a previously issued certificate of |
|
|
authorization. |
|
|
(h) Under the rules described by Subsection (g), the board |
|
|
may revoke or place conditions on an institution's or person's |
|
|
exemption status or certificate of authorization only if the board |
|
|
has reasonable cause to believe that the institution or person has |
|
|
violated this subchapter or any rule adopted under this subchapter. |
|
|
(i) Before revoking or placing conditions on an |
|
|
institution's or person's exemption status or certificate of |
|
|
authorization under Subsection (h), the board must provide to the |
|
|
institution or person written notice of the board's impending |
|
|
action and include the grounds for that action. |
|
|
(j) If the board places conditions on an institution's or |
|
|
person's exemption status or certificate of authorization under |
|
|
Subsection (h), until the board removes the conditions, the board |
|
|
may reexamine the applicable institution or person at least twice |
|
|
annually following the date the board provided notice under |
|
|
Subsection (i). |
|
|
(k) [(f)] A private postsecondary educational institution |
|
|
may not establish or operate a branch campus, extension center, or |
|
|
other off-campus unit in Texas except as provided by this |
|
|
subsection or the rules of the board. This subsection does not |
|
|
apply to a private or independent institution of higher education |
|
|
as defined by Section 61.003. |
|
|
SECTION 3. Subchapter G, Chapter 61, Education Code, is |
|
|
amended by adding Section 61.3075 to read as follows: |
|
|
Sec. 61.3075. REQUIRED FINANCIAL RESOURCES. The board by |
|
|
rule may require an institution operating under a certificate of |
|
|
authority, or seeking to operate under a certificate of authority, |
|
|
to ensure that the financial resources and financial stability of |
|
|
the institution are adequate to provide education of a good quality |
|
|
and to fulfill the institution's commitments to its enrolled |
|
|
students and may require the institution to provide to the board |
|
|
documentation of the institution's compliance with those |
|
|
requirements. Rules adopted under this subsection must: |
|
|
(1) require the institution to maintain reserves, |
|
|
lines of credit, or surety instruments that, when combined with |
|
|
tuition and fee receipts, are sufficient to allow the institution |
|
|
to fulfill its educational obligations to its enrolled students if |
|
|
the institution is unable to continue to provide instruction to its |
|
|
enrolled students for any reason; and |
|
|
(2) require that the financial resources maintained |
|
|
under Subdivision (1) be conditioned to allow only the board to |
|
|
withdraw funds for the benefit of the institution's enrolled |
|
|
students under the circumstance described by Subdivision (1). |
|
|
SECTION 4. Section 61.315, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 61.315. AGENTS AND RECORDS; ACADEMIC RECORDS |
|
|
REPOSITORY. (a) The authorized or certified institutions may be |
|
|
required to provide [furnish] a list of their agents to the board, |
|
|
and to maintain in a manner specified by the board the academic |
|
|
records of enrolled or former students [enrolled], including |
|
|
records of credits [awarded,] and degrees awarded, and provide |
|
|
those records to the board on request [in a manner specified by the
|
|
|
board]. |
|
|
(b) The board may maintain a repository for academic records |
|
|
from closed institutions that were exempt or were authorized to |
|
|
operate under a certificate of authorization or certificate of |
|
|
authority. The board may discontinue its maintenance of the |
|
|
repository if adequate funding is not provided for that |
|
|
maintenance. The academic records repository is considered to be a |
|
|
repository of last resort. If a closed institution is part of a |
|
|
larger educational system or corporation, that system or |
|
|
corporation shall maintain the academic records. If students of |
|
|
the closed institution transfer to another institution through an |
|
|
agreement between the institutions to continue the students' degree |
|
|
programs, the institution responsible for accepting the |
|
|
transferring students shall maintain those academic records. |
|
|
SECTION 5. Section 61.316, Education Code, is amended by |
|
|
adding Subsection (e-1) to read as follows: |
|
|
(e-1) Any authorized or certified institution that fails to |
|
|
maintain in a manner specified by the board the academic records of |
|
|
enrolled or former students, including records of credits and |
|
|
degrees awarded, or that fails to protect the personally |
|
|
identifiable information of enrolled or former students shall be |
|
|
assessed an administrative penalty of not less than $100 or more |
|
|
than $500 for each student whose academic record was not maintained |
|
|
or whose personally identifiable information was not protected. |
|
|
SECTION 6. Subchapter S, Chapter 61, Education Code, is |
|
|
amended by adding Section 61.835 to read as follows: |
|
|
Sec. 61.835. TRANSFERABLE COLLEGE CREDIT FOR HEROES |
|
|
CURRICULA. (a) To promote the purposes of the College Credit for |
|
|
Heroes program established under Section 302.0031, Labor Code, the |
|
|
board, in consultation with the Texas Workforce Commission, the |
|
|
Texas Veterans Commission, and institutions of higher education, |
|
|
shall: |
|
|
(1) develop standardized curricula within degree and |
|
|
certificate programs commonly offered by institutions of higher |
|
|
education toward which qualified veterans or military service |
|
|
members may be awarded appropriate academic credit for experience, |
|
|
education, and training earned during military service; and |
|
|
(2) require the transferability between institutions |
|
|
of higher education of course credit for curricula developed under |
|
|
this section that is awarded to qualified veterans or military |
|
|
service members. |
|
|
(b) The board shall adopt rules for the administration of |
|
|
this section. |
|
|
SECTION 7. The Texas Higher Education Coordinating Board |
|
|
shall adopt the rules required by Subchapter G, Chapter 61, |
|
|
Education Code, as amended by this Act, as soon as practicable after |
|
|
the effective date of this Act. |
|
|
SECTION 8. The Texas Higher Education Coordinating Board |
|
|
shall adopt the initial rules required by Section 61.835, Education |
|
|
Code, as added by this Act, not later than May 1, 2018. |
|
|
SECTION 9. This Act takes effect only if a specific |
|
|
appropriation for the implementation of the Act is provided in a |
|
|
general appropriations act of the 85th Legislature. |
|
|
SECTION 10. This Act takes effect September 1, 2017. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1781 passed the Senate on |
|
|
April 25, 2017, by the following vote: Yeas 29, Nays 2; and that |
|
|
the Senate concurred in House amendments on May 27, 2017, by the |
|
|
following vote: Yeas 28, Nays 3. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1781 passed the House, with |
|
|
amendments, on May 23, 2017, by the following vote: Yeas 97, |
|
|
Nays 46, three present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |