88R9335 CXP-F

By: Menéndez, et al. S.B. No. 2194

A BILL TO BE ENTITLED

AN ACT

relating to promoting racial equity in the hiring and promotion of faculty members by public institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9085 to read as follows:

Sec. 51.9085. FACULTY DIVERSIFICATION PLAN AND REPORT. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) Each institution of higher education shall develop a five-year, research-based plan to increase racial diversity among faculty members at the institution. The plan must include:

(1) diversity and equity assessments that include the perspectives of faculty members of color;

(2) strategies for increasing racial diversity among faculty members to the extent necessary to reflect the racial diversity of the institution's student population; and

(3) research-based methods for supporting faculty members of color to and through tenure and promotion.

(c) Each institution of higher education shall update its plan as appropriate at the conclusion of each five-year period.

(d) Each institution of higher education shall annually prepare and submit to the Texas Higher Education Coordinating Board a report on the institution's progress in increasing racial diversity among faculty members in accordance with the plan developed under this section. The report must include data on the rank, salary, tenure, and promotion of faculty members of color as compared to white faculty members at the institution, disaggregated by department and college, as applicable.

SECTION 2. Section 61.057, Education Code, is amended to read as follows:

Sec. 61.057. PROMOTION OF TEACHING EXCELLENCE AND EQUITY. (a) To achieve excellence and equity in the teaching of students at institutions and agencies of higher education, the board shall:

(1) develop and recommend:

(A) minimum equitable faculty compensation plans, basic increment programs, and incentive salary increases;

(B) minimum equitable standards for faculty appointment, advancement, promotion, and retirement;

(C) equitable [general] policies for faculty teaching loads, and division of faculty time between teaching, research, administrative duties, and special assignments;

(D) equitable faculty improvement programs, including a plan for sabbatical leaves, appropriate for the junior and senior colleges and universities, respectively; and

(E) minimum equitable standards for academic freedom, academic responsibility, and tenure;

(2) pursue vigorously and continuously a goal of having all college and university academic classes taught by racially diverse faculty members [persons] holding the minimum of an earned master's degree or its equivalent in academic training, creative work, or professional accomplishment;

(3) explore, promote, and coordinate the use of educational television among institutions of higher education and encourage participation by public and private schools and private institutions of higher education in educational television;

(4) conduct, and encourage the institutions of higher education to conduct, research into new methods, materials, and techniques for improving the quality of instruction and for the maximum utilization of all available teaching techniques, devices, and resources, including but not limited to large classes, team teaching, programmed instruction, interlibrary exchanges, joint libraries, specially-designed facilities, visual aids, and other innovations that offer promise for superior teaching or for meeting the need for new faculty members, especially faculty members of color, to teach anticipated larger numbers of students; and

(5) assume initiative and leadership in providing through the institutions of higher education in the state those programs and offerings which will achieve the objectives set forth in Section 61.002 [of this code].

(b) For purposes of this section, a plan, program, policy, or standard is equitable if it is:

(1) free from racial bias and discriminatory barriers;

(2) characterized by support based on an understanding of the distinct needs of faculty members of color;

(3) designed with structures that promote the success of faculty members of color; and

(4) intentional about ensuring that faculty members of color are represented at all levels of decision-making.

SECTION 3. Section 61.059(a), Education Code, is amended to read as follows:

(a) To finance a system of higher education and to secure an equitable distribution of state funds deemed to be available for higher education, the board shall perform the functions described in this section. Funding policies shall:

(1) allocate resources efficiently and provide incentives for programs of superior quality and for institutional diversity that reflects proportional racial representation between faculty members and students, as provided in each institution of higher education's faculty diversification plan developed under Section 51.9085;

(2) provide incentives for supporting the five-year master plan developed and revised under Section 61.051;

(3) discourage unnecessary duplication of course offerings between institutions and unnecessary construction on any campus; and

(4) emphasize an alignment with education goals established by the board.

SECTION 4. (a) As soon as practicable after the effective date of this Act, each public institution of higher education shall develop the faculty diversification plan required under Section 51.9085, Education Code, as added by this Act.

(b) Not later than September 1, 2024, each public institution of higher education shall prepare and submit to the Texas Higher Education Coordinating Board the initial report required under Section 51.9085, Education Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2023.