Senate Bill 37 | Effective: 9-1-25 |
Senate Author: Creighton et al. | Senate Committee: Education K-16 |
House Sponsor: Shaheen | House Committee: Higher Education |
Senate Bill 37 amends the Education Code to set out provisions relating to the governance of public institutions of higher education, including the following:
- a requirement for the governing board of each institution, at least once every five years, to conduct a comprehensive review of the institution's general education curriculum in the manner specified by the bill;
- provisions establishing that the final decision‑making authority on matters regarding an institution's degree programs and curricula belongs to the institution but requiring the institution to make the decisions on those matters under the direction of the institution's governing board;
- a requirement for the president or chief executive officer (CEO) of an institution to adopt and implement a process for reviewing minor degree and certificate programs once every five years to identify programs with low enrollment that may require consolidation or elimination;
- an authorization for an institution's governing board to exclude from the comprehensive list of courses submitted to the Texas Higher Education Coordinating Board (THECB) courses that were not taught as an organized class or provided through individual instruction for the preceding two academic years;
- provisions establishing an advisory committee that is tasked with reviewing general education curriculum requirements of institutions and reporting its findings and recommendations to the THECB, which must review that report and submit to the legislature recommendations for action necessary to implement the report's findings;
- a requirement for each governing board to approve or deny the hiring of an individual for the position of provost or deputy, associate, or assistant provost by each institution under the board's control and management;
- an authorization for an institution's governing board to overturn any hiring decision for the position of vice president or dean made by the administration of a campus under the board's control and management;
- provisions governing the structure and powers of a faculty council or senate;
- provisions regarding the principle of shared governance;
- a requirement for an institution's president or CEO to conduct annual evaluations of individuals who hold the positions of vice president, provost, dean, or a similar leadership position that oversees curriculum or student affairs and to report to the institution's governing board regarding any decision to remove an individual from such a position;
- provisions that subject the position of president to the same executive search committee requirements as the position of CEO and require an executive search committee's membership to include at least two members of the institution's governing board with at least one of those members serving as the chair; and
- restrictions on who may be involved in grievance, hiring, and discipline decision‑making at an institution.
Senate Bill 37 requires the THECB to establish the Texas Higher Education Coordinating Board Office of the Ombudsman to serve as an intermediary between the legislature and the public and institutions of higher education and requires the governor, with the advice and consent of the senate, to appoint a person to serve as ombudsman. The bill requires the office to receive, and if necessary, investigate complaints submitted by students, faculty, or institution staff members regarding an institution's failure to comply with specified statutes. The bill sets out procedures for the submission and resolution of complaints.
Senate Bill 37 expands the topics to be covered by the required training program for members of the governing boards of institutions of higher education and requires a member, on completion of the program, to provide a sworn statement affirming the member's understanding of their duties and responsibilities.