85R3485 KSD-D
 
  By: Seliger, Creighton S.B. No. 2119
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eliminating the automatic admission of students to
  certain public institutions of higher education and scholarships
  for certain students who qualify for automatic admission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 51.805, Education Code,
  is amended to read as follows:
         Sec. 51.805.  ELIGIBILITY TO APPLY FOR ADMISSION; FACTORS
  CONSIDERED IN [OTHER] ADMISSIONS.
         SECTION 2.  Section 51.805, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  A graduating high school student [who does not qualify
  for admission under Section 51.803 or 51.804] may apply to any
  general academic teaching institution if the student:
               (1)  successfully completed:
                     (A)  at a public high school, the curriculum
  requirements established under Section 28.025 for the foundation
  high school program; or
                     (B)  at a high school to which Section 28.025 does
  not apply, a curriculum that is equivalent in content and rigor to
  the foundation high school program; or
               (2)  satisfied ACT's College Readiness Benchmarks on
  the ACT assessment applicable to the applicant or earned on the SAT
  assessment a score of at least 1,500 out of 2,400 or the equivalent.
         (a-1)  A student who does not satisfy the curriculum
  requirements prescribed by Subsection (a)(1)(A) or (B) is
  considered to have satisfied those requirements if the student
  completed the portion of the foundation high school program
  curriculum or of the curriculum equivalent in content and rigor, as
  applicable, that was available to the student but was unable to
  complete the remainder of the curriculum solely because courses
  necessary to complete the remainder were unavailable to the student
  at the appropriate times in the student's high school career as a
  result of course scheduling, lack of enrollment capacity, or
  another cause not within the student's control.
         (a-2)  For purposes of Subsection (a)(1)(A), a student's
  official transcript or diploma must, not later than the end of the
  student's junior year, indicate:
               (1)  whether the student has satisfied or is on
  schedule to satisfy the requirements of Subsection (a)(1)(A) or
  (B), as applicable; or
               (2)  if Subsection (a-1) applies to the student,
  whether the student has completed the portion of the foundation
  high school program curriculum or of the curriculum equivalent in
  content and rigor, as applicable, that was available to the
  student.
         (b)  [The general academic teaching institution, after
  admitting students under Sections 51.803 and 51.804, shall admit
  other applicants for admission as undergraduate students.] It is
  the intent of the legislature that all institutions of higher
  education pursue academic excellence by considering students'
  academic achievements in decisions related to admissions. Because
  of changing demographic trends, diversity, and population
  increases in the state, each general academic teaching institution
  shall also consider all of, any of, or a combination of the
  following socioeconomic indicators or factors in making first-time
  freshman admissions decisions:
               (1)  the applicant's academic record;
               (2)  the socioeconomic background of the applicant,
  including the percentage by which the applicant's family is above
  or below any recognized measure of poverty, the applicant's
  household income, and the applicant's parents' level of education;
               (3)  whether the applicant would be the first
  generation of the applicant's family to attend or graduate from an
  institution of higher education;
               (4)  whether the applicant has bilingual proficiency;
               (5)  the financial status of the applicant's school
  district;
               (6)  the performance level of the applicant's school as
  determined by the school accountability criteria used by the Texas
  Education Agency;
               (7)  the applicant's responsibilities while attending
  school, including whether the applicant has been employed, whether
  the applicant has helped to raise children, or other similar
  factors;
               (8)  the applicant's region of residence;
               (9)  whether the applicant is a resident of a rural or
  urban area or a resident of a central city or suburban area in the
  state;
               (10)  the applicant's performance on standardized
  tests;
               (11)  the applicant's performance on standardized tests
  in comparison with that of other students from similar
  socioeconomic backgrounds;
               (12)  whether the applicant attended any school while
  the school was under a court-ordered desegregation plan;
               (13)  the applicant's involvement in community
  activities;
               (14)  the applicant's extracurricular activities;
               (15)  the applicant's commitment to a particular field
  of study;
               (16)  the applicant's personal interview;
               (17)  the applicant's admission to a comparable
  accredited out-of-state institution; and
               (18)  any other consideration the institution
  considers necessary to accomplish the institution's stated
  mission.
         SECTION 3.  Section 28.026, Education Code, is amended to
  read as follows:
         Sec. 28.026.  NOTICE OF REQUIREMENTS FOR [AUTOMATIC COLLEGE
  ADMISSION AND] FINANCIAL AID. (a)  The board of trustees of a
  school district and the governing body of each open-enrollment
  charter school that provides a high school shall require each high
  school in the district or provided by the charter school, as
  applicable, to post appropriate signs in each school counselor's
  office, in each principal's office, and in each administrative
  building [indicating the substance of Section 51.803 regarding
  automatic college admission and] stating the curriculum
  requirements for financial aid authorized under Title 3. To assist
  in the dissemination of that information, the district or charter
  school shall:
               (1)  require that each school counselor and class
  advisor at a high school be provided a detailed explanation of [the
  substance of Section 51.803 and] the curriculum requirements for
  financial aid authorized under Title 3; and
               (2)  provide each district or school student, at the
  time the student first registers for one or more classes required
  for high school graduation, with a written notification, including
  a detailed explanation in plain language, of the [substance of
  Section 51.803, the] curriculum requirements for financial aid
  authorized under Title 3[,] and the benefits of completing the
  requirements for that [automatic admission and] financial aid[;
               [(3)     require that each school counselor and senior
  class advisor at a high school explain to eligible students the
  substance of Section 51.803; and
               [(4)     not later than the 14th day after the last day of
  classes for the fall semester or an equivalent date in the case of a
  school operated on a year-round system under Section 25.084,
  provide each senior student eligible under Section 51.803 and each
  student enrolled in the junior year of high school who has a grade
  point average in the top 10 percent of the student's high school
  class, and the student's parent or guardian, with a written
  notification of the student's eligibility with a detailed
  explanation in plain language of the substance of Section 51.803].
         (b)  The commissioner shall adopt forms, including specific
  language, to use in providing notice under Subsection [Subsections]
  (a)(2) [and (4)].  In providing that notice [under Subsection
  (a)(2) or (4)], a school district or open-enrollment charter school
  shall use the appropriate form adopted by the commissioner.  The
  notice [to a student and the student's parent or guardian under
  Subsections (a)(2) and (4)] must be on a single form that contains
  signature lines to indicate receipt of notice by the student and
  [the student's parent or guardian.     The notice under Subsection
  (a)(2) must] be signed by the student's counselor in addition to
  being signed by the student [and the student's parent or guardian].
         SECTION 4.  Section 29.911(b), Education Code, is amended to
  read as follows:
         (b)  During the designated week, each middle school, junior
  high school, and high school shall provide students with
  comprehensive grade-appropriate information regarding the pursuit
  of higher education.  The information provided must include
  information regarding:
               (1)  higher education options available to students;
               (2)  standard admission requirements for institutions
  of higher education, including:
                     (A)  overall high school grade point average;
                     (B)  required curriculum;
                     (C)  college readiness standards and expectations
  as determined under Section 28.008; and
                     (D)  scores necessary on generally recognized
  tests or assessment instruments used in admissions determinations,
  including the Scholastic Assessment Test and the American College
  Test; and
               (3)  [automatic admission of certain students to
  general academic teaching institutions as provided by Section
  51.803; and
               [(4)]  financial aid availability and requirements,
  including the financial aid information provided by school
  counselors under Section 33.007(b).
         SECTION 5.  Section 33.007(b), Education Code, is amended to
  read as follows:
         (b)  During the first school year a student is enrolled in a
  high school or at the high school level in an open-enrollment
  charter school, and again during each year of a student's
  enrollment in high school or at the high school level, a school
  counselor shall provide information about postsecondary education
  to the student and the student's parent or guardian.  The
  information must include information regarding:
               (1)  the importance of postsecondary education;
               (2)  the advantages of earning an endorsement and a
  performance acknowledgment and completing the distinguished level
  of achievement under the foundation high school program under
  Section 28.025;
               (3)  the disadvantages of taking courses to prepare for
  a high school equivalency examination relative to the benefits of
  taking courses leading to a high school diploma;
               (4)  financial aid eligibility;
               (5)  instruction on how to apply for federal financial
  aid;
               (6)  the center for financial aid information
  established under Section 61.0776;
               (7)  [the automatic admission of certain students to
  general academic teaching institutions as provided by Section
  51.803;
               [(8)]  the eligibility and academic performance
  requirements for the TEXAS Grant as provided by Subchapter M,
  Chapter 56; and
               (8) [(9)]  the availability of programs in the district
  under which a student may earn college credit, including advanced
  placement programs, dual credit programs, joint high school and
  college credit programs, and international baccalaureate programs.
         SECTION 6.  Section 33.009(d), Education Code, is amended to
  read as follows:
         (d)  An academy developed under this section must provide
  counselors and other postsecondary advisors with knowledge and
  skills to provide counseling to students regarding postsecondary
  success and productive career planning and must include information
  relating to:
               (1)  each endorsement described by Section
  28.025(c-1), including:
                     (A)  the course requirements for each
  endorsement; and
                     (B)  the postsecondary educational and career
  opportunities associated with each endorsement;
               (2)  available methods for a student to earn credit for
  a course not offered at the school in which the student is enrolled,
  including enrollment in an electronic course provided through the
  state virtual school network under Chapter 30A;
               (3)  general academic performance requirements for
  admission to an institution of higher education[, including the
  requirements for automatic admission to a general academic teaching
  institution under Section 51.803];
               (4)  regional workforce needs, including information
  about the required education and the average wage or salary for
  careers that meet those workforce needs; and
               (5)  effective strategies for engaging students and
  parents in planning for postsecondary education and potential
  careers, including participation in mentorships and business
  partnerships.
         SECTION 7.  Section 39.0232(b), Education Code, is amended
  to read as follows:
         (b)  A student's performance on an end-of-course assessment
  instrument may not be used:
               (1)  in determining the student's class ranking for any
  purpose[, including entitlement to automatic college admission
  under Section 51.803 or 51.804]; or
               (2)  as a sole criterion in the determination of
  whether to admit the student to a general academic teaching
  institution in this state.
         SECTION 8.  Section 51.4032, Education Code, is amended to
  read as follows:
         Sec. 51.4032.  ANNUAL REPORT OF PARTICIPATION IN HIGHER
  EDUCATION. Not later than December 1 of each year and in the form
  prescribed by the coordinating board, each general academic
  teaching institution and medical and dental unit as defined
  in  Section 61.003 shall provide to the Texas Higher Education
  Coordinating Board and shall publish on the institution's website a
  report describing the composition of the institution's entering
  class of students.  The report must include a demographic breakdown
  of the class, including a breakdown by race, ethnicity, economic
  status, and high school class standing.  A report submitted by a
  general academic teaching institution or medical and dental unit as
  defined in Section 61.003 must include [separate demographic
  breakdowns of the students admitted under Sections 51.803, 51.804,
  and 51.805 and] a description of any plans, policies, or programs
  developed or implemented by the institution to recruit and retain
  students from underrepresented groups such as racial or ethnic
  minority groups.
         SECTION 9.  Section 51.842(a), Education Code, is amended to
  read as follows:
         (a)  A graduate or professional program of a general academic
  teaching institution or medical or dental unit may consider the
  following factors in making an admissions or scholarship decision
  for admissions into or competitive scholarships for the graduate or
  professional program:
               (1)  an applicant's academic record as a high school
  student and undergraduate student;
               (2)  the socioeconomic background of the applicant
  while the applicant attended elementary and secondary school and
  was an undergraduate student, including any change in that
  background;
               (3)  whether the applicant would be the first
  generation of the applicant's family to attend or graduate from an
  undergraduate program or from a graduate or professional program;
               (4)  whether the applicant has multilingual
  proficiency;
               (5)  the applicant's responsibilities while attending
  elementary and secondary school and as an undergraduate student,
  including whether the applicant was employed, whether the applicant
  helped to raise children, and other similar factors;
               (6)  to achieve geographic diversity, the applicant's
  region of residence at the time of application and, if the applicant
  graduated from a public high school in this state within the
  preceding 20 years, the region in which the applicant's school
  district is located;
               (7)  the applicant's involvement in community
  activities;
               (8)  the applicant's demonstrated commitment to a
  particular field of study;
               (9)  for admission into a professional program, the
  current comparative availability of members of that profession in
  the applicant's region of residence while the applicant attended
  elementary and secondary school; and
               (10)  [whether the applicant was automatically
  admitted to a general academic teaching institution as an
  undergraduate student under Section 51.803; and
               [(11)]  the applicant's personal interview.
         SECTION 10.  Section 56.3041(b), Education Code, is amended
  to read as follows:
         (b)  For purposes of Subsection (a)(2)(A), a student who
  graduated under the recommended or advanced high school program is
  considered to have successfully completed the curriculum
  requirements for the foundation high school program [of Section
  51.803(a)(2)(A)(i)]. This subsection expires September 1, 2020.
         SECTION 11.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 33.007(c), 51.803, 51.8035, 51.804, and
  51.8045; and
               (2)  Subchapter R, Chapter 56.
         SECTION 12.  The changes in law made by this Act to
  Subchapter U, Chapter 51, Education Code, apply beginning with
  admissions to an institution of higher education for the 2019-2020
  academic year. Admissions to an institution of higher education
  for an academic year before that academic year are governed by the
  law in effect immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         SECTION 13.  The repeal by this Act of Subchapter R, Chapter
  56, Education Code, does not affect a student initially awarded a
  scholarship under that subchapter for a semester or other academic
  term before the effective date of this Act. A student who initially
  receives a scholarship for a semester or other academic term before
  that date may continue to receive a scholarship under Subchapter R,
  Chapter 56, Education Code, as that subchapter existed immediately
  before the effective date of this Act, to the extent funds are
  available for that purpose, as long as the student remains eligible
  for a scholarship under the former law. The Texas Higher Education
  Coordinating Board shall adopt rules to administer this section and
  shall notify each student who receives a scholarship in the
  2018-2019 academic year of the provisions of this section.
         SECTION 14.  This Act takes effect January 1, 2019.