By: Bowers, et al. (Senate Sponsor - Kolkhorst) H.B. No. 5264
         (In the Senate - Received from the House May 8, 2023;
  May 10, 2023, read first time and referred to Committee on Natural
  Resources & Economic Development; May 22, 2023, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 9, Nays 0; May 22, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 5264 By:  Kolkhorst
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the adoption and use of certain performance indicators
  to measure and evaluate career school or college programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 132, Education Code, is
  amended by adding Section 132.027 to read as follows:
         Sec. 132.027.  PERFORMANCE INDICATORS. (a)  In this
  section, "institution of higher education" has the meaning assigned
  by Section 61.003.
         (b)  The commission shall adopt a set of performance
  indicators for the purpose of measuring and evaluating career
  schools or colleges and the quality of the learning and achievement
  of students enrolled in programs operated by career schools or
  colleges. The commission periodically shall review the indicators
  and make appropriate revisions based on that review.
         (c)  The performance indicators adopted under Subsection (b)
  must allow for the assessment of a career school or college program
  with respect to:
               (1)  industry recognition of the program and the
  corresponding value that industry attaches to the program and to
  any certifications or licenses related to the program;
               (2)  the rate at which students are able to
  successfully complete the program;
               (3)  the availability of a program-related
  certification or license after a student completes the program;
               (4)  the likelihood that a certification or license
  related to the program will:
                     (A)  lead to postsecondary work, an
  apprenticeship program, or established industry credentials; or
                     (B)  support employment in this state;
               (5)  whether a program-related certification or
  license will be awarded by an independent third-party organization
  using predetermined standards for knowledge, skills, and
  competencies;
               (6)  the inclusion of accepted best practices for the
  program that align to best practices contained in:
                     (A)  widely accepted industry standards; or 
                     (B)  standards established by an independent
  third-party organization with expertise in gathering information
  from employers related to the value attached to any certifications
  or licenses related to the program; and
               (7)  for a nursing education program, whether the
  program has resulted in a decrease in the number of clinical
  practice positions available to students enrolled in nursing
  programs in institutions of higher education in the region in which
  the program is offered.
         (d)  The commission shall:
               (1)  develop a methodology for determining the minimum
  acceptable standards for a career school or college based on the
  performance indicators adopted under Subsection (b);
               (2)  evaluate annually between 15 and 20 percent of
  career school and college programs in this state for compliance
  with the minimum acceptable standards described by Subdivision (1);
  and
               (3)  coordinate with the Texas Board of Nursing and
  other appropriate state agencies in implementing and administering
  this section.
         (e)  A career school or college offering a program that fails
  to meet the minimum standards developed under Subsection (d) is
  ineligible to:
               (1)  enter into a contract with a local workforce
  development board with respect to that program; or
               (2)  obtain nursing clinical practice positions in this
  state until the career school or college provides evidence
  satisfactory to the commission and the Texas Board of Nursing that a
  nursing education program offered by the career school or college
  will not result in a decrease in the number of nursing clinical
  practice positions available to students enrolled in nursing
  programs in institutions of higher education in the region in which
  the program is offered.
         (f)  Not later than September 1 of each year, the commission
  shall publish a list of each career school and college program that
  has been reviewed by the commission and that meets the minimum
  acceptable standards developed under Subsection (d).
         (g)  Rules adopted by the commission under Section 132.021
  must include rules for the periodic review of performance
  indicators.
         (h)  On request by the commission, the Texas Board of Nursing
  and other appropriate state agencies shall coordinate with the
  commission for purposes of Subsection (d)(3), including by
  providing available data or other information to the commission.
         SECTION 2.  Not later than September 1, 2025, the Texas
  Workforce Commission shall publish the initial list required under
  Section 132.027(f), Education Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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