By: Smith, Ashley H.B. No. 1752
73R5941 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to school districts and institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 21, Education Code, is amended by adding
1-5 Subchapter W to read as follows:
1-6 SUBCHAPTER W. RELATIONSHIPS BETWEEN SCHOOL DISTRICTS
1-7 AND INSTITUTIONS OF HIGHER EDUCATION
1-8 Sec. 21.811. DEFINITIONS. In this subchapter:
1-9 (1) "Agency" means the Central Education Agency.
1-10 (2) "Coordinating board" means the Texas Higher
1-11 Education Coordinating Board.
1-12 (3) "Faculty member" has the meaning assigned by
1-13 Section 51.101 of this code.
1-14 (4) "Institution of higher education" has the meaning
1-15 assigned by Section 61.003 of this code.
1-16 (5) "Private institution of higher education" has the
1-17 meaning assigned by Section 61.302 of this code.
1-18 (6) "Teacher" has the meaning assigned by Section 2.07
1-19 of this code.
1-20 Sec. 21.812. ENCOURAGEMENT AND MEASUREMENT OF RELATIONSHIPS
1-21 BETWEEN SCHOOL DISTRICTS AND INSTITUTIONS OF HIGHER EDUCATION AND
1-22 FACULTY MEMBERS. (a) The coordinating board, after consulting
1-23 with the agency, shall develop policies to encourage and reward an
1-24 institution of higher education and faculty members of the
2-1 institution to create a substantive relationship with each school
2-2 district within which a campus of the institution of higher
2-3 education is located.
2-4 (b) The strategic plan that is required by Article 6252-31,
2-5 Revised Statutes, as added by Chapter 384, Acts of the 72nd
2-6 Legislature, Regular Session, 1991, for institutions of higher
2-7 education may include a measure of whether the institution is
2-8 creating a substantive relationship with each school district
2-9 within which a campus of the institution of higher education is
2-10 located.
2-11 (c) The minimum standards for faculty member advancement
2-12 that the coordinating board is authorized to develop and recommend
2-13 under Section 61.057 of this code may include the amount and
2-14 quality of interaction faculty members have with school districts
2-15 under this subchapter.
2-16 Sec. 21.813. INTERACTION BETWEEN SCHOOL DISTRICTS AND
2-17 INSTITUTIONS OF HIGHER EDUCATION AND FACULTY MEMBERS. (a) A
2-18 school district and an institution of higher education that has a
2-19 campus within the school district may assist each other on research
2-20 projects and on distance learning.
2-21 (b) The institution of higher education may provide a
2-22 faculty member to the school district to teach high school students
2-23 a college course at a high school in the school district. If a
2-24 student at the high school successfully completes the college
2-25 course, the student shall receive high school credit and, if the
2-26 student attends an institution of higher education, college credit
2-27 for the course.
3-1 (c) Teachers at a school district and faculty members of a
3-2 campus of an institution of higher education within the school
3-3 district may create advisory groups to improve communication
3-4 between the teachers and faculty members concerning the subject
3-5 matter of their courses and teaching fields.
3-6 (d) The director of a library of an institution of higher
3-7 education may allow a senior student of a high school in a school
3-8 district within which a campus of the institution of higher
3-9 education is located to use the library as if the senior student
3-10 were enrolled at the institution of higher education.
3-11 (e) An institution of higher education may establish a
3-12 student internship program or expand an existing program to
3-13 encourage high school students with above-average grades to pursue
3-14 careers in science, mathematics, and health care.
3-15 Sec. 21.814. INSTITUTION OF HIGHER EDUCATION-OPERATED SCHOOL
3-16 DISTRICT. (a) The commissioner of education may order the
3-17 suspension of the powers of the board of trustees of a school
3-18 district if the school district has been rated in whole or part as
3-19 academically unaccredited or accredited advised for a period of
3-20 more than one year. The commissioner shall immediately inform the
3-21 Legislative Education Board of the commissioner's decision to order
3-22 the suspension.
3-23 (b) At the time the commissioner enters an order under
3-24 Subsection (a) of this section, the commissioner shall appoint:
3-25 (1) a board of managers to execute the powers of the
3-26 board of trustees during the period of suspension; and
3-27 (2) a district superintendent.
4-1 (c) The board of managers must be composed of faculty
4-2 members of a campus of an institution of higher education within
4-3 the school district. The appointed superintendent must be a
4-4 faculty member of that campus. The appointed superintendent shall
4-5 perform all acts and duties necessary for the proper conduct,
4-6 maintenance, and supervision of the schools in the district.
4-7 (d) Except as provided by Subsection (g) of this section,
4-8 the board of managers and the appointed superintendent serve for
4-9 terms not to exceed two years after the date that the order of
4-10 suspension is entered.
4-11 (e) The appointed superintendent shall report annually to
4-12 the commissioner on the progress of the school district toward
4-13 meeting the requirements necessary to be rated for accreditation as
4-14 exemplary, recognized, or accredited as provided by Section 21.753
4-15 of this code.
4-16 (f) Based on the annual assessment of progress of the school
4-17 district, but not later than the second anniversary after the date
4-18 that the order of suspension is entered, the commissioner shall
4-19 order that the district be annexed under Section 19.027 of this
4-20 code or that the suspension be terminated.
4-21 (g) If the commissioner orders that the suspension be
4-22 terminated, the appointed superintendent and the members of the
4-23 superintendent's staff shall continue to serve for a one-year
4-24 transition period.
4-25 (h) An appointed superintendent may apply to the
4-26 commissioner for an exemption for the school district from a
4-27 requirement or prohibition imposed under this code, including a
5-1 rule adopted under this code, other than a prohibition of conduct
5-2 that constitutes a criminal offense or a requirement or prohibition
5-3 included under Section 11.272(b) of this code.
5-4 Sec. 21.815. ASSISTANCE TO SCHOOL DISTRICTS BY PUBLIC OR
5-5 PRIVATE INSTITUTIONS OF HIGHER EDUCATION. (a) The commissioner of
5-6 education may make a determination that a school district would
5-7 benefit from the help of:
5-8 (1) an institution of higher education or from faculty
5-9 members of the institution if a campus of the institution is within
5-10 the school district; or
5-11 (2) a private institution of higher education or from
5-12 faculty members of the private institution if a campus of the
5-13 private institution is within the school district.
5-14 (b) If the commissioner of education makes a determination
5-15 under Subsection (a) of this section, the institution of higher
5-16 education or the private institution of higher education may
5-17 provide the school district with assistance, including educational
5-18 administrative support and instructional support. The school
5-19 district shall reimburse the institution of higher education or the
5-20 private institution of higher education for the costs of the
5-21 assistance.
5-22 Sec. 21.816. ASSISTANCE TO SCHOOL DISTRICTS BY STUDENT
5-23 TEACHERS. (a) If an institution of higher education has a college
5-24 of education or other division that has a primary responsibility to
5-25 train students to teach in schools, the college or division is
5-26 encouraged to identify a school district or school to assist as
5-27 provided by this subchapter.
6-1 (b) The college or division is encouraged to develop and
6-2 test new and innovative methods to teach at the identified school
6-3 district or school.
6-4 Sec. 21.817. COMMUNITY SERVICE ADVISORY COMMITTEE. (a) The
6-5 community service advisory committee consists of the following 10
6-6 members:
6-7 (1) three members appointed by the coordinating board
6-8 from a list of six names submitted by the governor;
6-9 (2) three members appointed by the coordinating board
6-10 from a list of six names submitted by the lieutenant governor;
6-11 (3) three members appointed by the coordinating board
6-12 from a list of six names submitted by the speaker of the house of
6-13 representatives; and
6-14 (4) the commissioner of education, who serves as an ex
6-15 officio, nonvoting member.
6-16 (b) The coordinating board shall designate a presiding
6-17 officer of the advisory committee from among the appointed members.
6-18 (c) The advisory committee shall:
6-19 (1) advise the coordinating board, the governor, and
6-20 the legislature concerning the development of a community service
6-21 program for students enrolled at institutions of higher education;
6-22 and
6-23 (2) prepare a comprehensive report on whether the
6-24 legislature should adopt a community service program for students
6-25 enrolled at institutions of higher education.
6-26 (d) The report under Subsection (c) of this section should
6-27 include discussion and recommendations on:
7-1 (1) whether the state should require, authorize, or
7-2 not take any action concerning the development of a community
7-3 service program for graduate students or for undergraduate students
7-4 enrolled at institutions of higher education;
7-5 (2) what types of community services should be
7-6 included in a community service program, including assistance to
7-7 teachers and tutoring or mentoring of students in school districts;
7-8 (3) priorities of emphasis among the types of
7-9 community services;
7-10 (4) how a community service program should be
7-11 established and administered;
7-12 (5) the amount and source of money needed to
7-13 adequately fund a community service program; and
7-14 (6) how a community service program may be coordinated
7-15 with a community service or similar program authorized by federal
7-16 law.
7-17 (e) A member of the advisory committee may not receive
7-18 compensation for service performed for the committee but is
7-19 entitled to receive reimbursement, subject to any applicable
7-20 limitation provided by the General Appropriations Act, for actual
7-21 and necessary expenses incurred in performing duties for the
7-22 committee.
7-23 (f) The coordinating board shall provide staff and other
7-24 support services as needed by the advisory committee.
7-25 (g) The advisory committee shall submit the committee's
7-26 report described by Subsection (d) of this section to the board,
7-27 governor, and legislature not later than December 1, 1994.
8-1 (h) This section expires on September 1, 1995.
8-2 SECTION 2. Section 54.001, Education Code, is amended to
8-3 read as follows:
8-4 Sec. 54.001. Definitions. In this chapter:
8-5 (1) "Coordinating board" means the Texas Higher
8-6 Education Coordinating Board <"Institution of higher education" has
8-7 the same meaning as is assigned to it by Section 61.003 of this
8-8 code>.
8-9 (2) "Governing board", "institution of higher
8-10 education," "public junior college," and "public technical
8-11 institute" have <has> the meanings <same meaning as is> assigned
8-12 <to it> by Section 61.003 of this code.
8-13 SECTION 3. Subchapter D, Chapter 54, Education Code, is
8-14 amended by adding Section 54.211 to read as follows:
8-15 Sec. 54.211. EXEMPTION FOR STUDENTS IN VOCATIONAL TRAINING
8-16 OR TECHNICAL TRAINING. (a) A student enrolled in a public junior
8-17 college or public technical institute is exempt from the payment of
8-18 tuition authorized in this chapter if the tuition is for a
8-19 vocational or technical training program.
8-20 (b) In addition to the formulas under Section 61.059 of this
8-21 code, the coordinating board shall develop a formula to reimburse
8-22 public junior colleges and public technical institutes for the cost
8-23 to the colleges and institutes of the exemption provided by
8-24 Subsection (a) of this section. The formula must be based on:
8-25 (1) the number of students who are enrolled in a
8-26 vocational or technical training program of a public junior college
8-27 or public technical institute;
9-1 (2) the historical trends of the cost of tuition of a
9-2 vocational or technical training program of a public junior college
9-3 or public technical institute; and
9-4 (3) the number of students who are enrolled in a
9-5 vocational or technical training program of a public junior college
9-6 or public technical institute and who are registered only in
9-7 courses that are required for a vocational degree or a technical
9-8 degree.
9-9 SECTION 4. Section 61.051(g), Education Code, is amended to
9-10 read as follows:
9-11 (g) The board, in cooperation with public junior colleges
9-12 and public senior colleges and universities, shall develop and
9-13 promulgate an articulation agreement. The articulation agreement
9-14 shall establish a basic core of general academic courses and shall
9-15 establish the content for all lower division academic courses.
9-16 Those courses <which> shall be freely transferable among all public
9-17 institutions of higher education in Texas which are members of
9-18 recognized accrediting agencies on the same basis as if the work
9-19 had been taken at the receiving institution. The board shall
9-20 develop and implement policies to provide for the free
9-21 transferability of all lower division course credit among
9-22 institutions of higher education.
9-23 SECTION 5. Subchapter C, Chapter 61, Education Code, is
9-24 amended by adding Section 61.083 to read as follows:
9-25 Sec. 61.083. REVIEW OF TEXAS STATE TECHNICAL COLLEGE
9-26 PROGRAMS. (a) In this section, "system" means the Texas State
9-27 Technical College System.
10-1 (b) Not later than November 1 of each even-numbered year,
10-2 the board shall:
10-3 (1) review each program offered by the system to
10-4 determine the rates of completion and enrollment; and
10-5 (2) with the assistance of the system and the Texas
10-6 Employment Commission for each program offered by the system,
10-7 identify each individual who, one year after having graduated from
10-8 the system, is working in the primary subject matter of the program
10-9 and determine or estimate the average salary of all of those
10-10 individuals.
10-11 (c) If the board, after completing the review under
10-12 Subsection (b) of this section, determines that a program offered
10-13 by the system is not necessary, the board shall order that the
10-14 program be discontinued not later than the last day of the academic
10-15 year during which the order is issued.
10-16 (d) If the board determines from the review under Subsection
10-17 (b) of this section that a program offered by the system has a high
10-18 cost and a low average rate of salary for graduates of the program
10-19 and that continuation of the program is not justified, the board
10-20 shall order that the program be discontinued not later than the
10-21 last day of the academic year during which the order is issued.
10-22 (e) The board shall develop a process to review each program
10-23 offered by the system. For any program that the board determines
10-24 is primarily a service-based program or that is primarily a general
10-25 academic program, the board shall order that the program be
10-26 discontinued not later than the last day of the academic year
10-27 during which the order is issued. This subsection expires on
11-1 September 1, 1997.
11-2 SECTION 6. Section 135.07, Education Code, is amended by
11-3 adding Subsections (d) and (e) to read as follows:
11-4 (d) For each campus of the system and for each extension
11-5 program, the coordinating board shall give significant weight in
11-6 the formulas developed under Subsections (a) and (b) of this
11-7 section to the costs associated with the advanced technology
11-8 programs that are offered by the campus or extension program. Not
11-9 later than November 1 of each even-numbered year, the coordinating
11-10 board shall assess whether the formulas accurately reflect the
11-11 requirements of this subsection. If the coordinating board finds
11-12 the formulas to be inaccurate, the coordinating board shall adjust
11-13 the formulas to accurately reflect the requirements of this
11-14 subsection.
11-15 (e) Not later than December 1 of each even-numbered year,
11-16 the coordinating board shall make a report to the Legislative
11-17 Budget Board, the governor, and the system of the assessment of the
11-18 formulas under Subsection (d) of this section and any corrections
11-19 to the formulas.
11-20 SECTION 7. Section 61.078, Education Code, is repealed.
11-21 SECTION 8. (a) Not later than October 1, 1993, the
11-22 governor, lieutenant governor, and the speaker of the house of
11-23 representatives shall submit a list of names to the Texas Higher
11-24 Education Coordinating Board, as required by Section 21.817,
11-25 Education Code, as added by this Act.
11-26 (b) Not later than November 1, 1993, the Texas Higher
11-27 Education Coordinating Board shall appoint members to the community
12-1 service advisory committee as required by Section 21.817, Education
12-2 Code, as added by this Act.
12-3 (c) Section 54.211, Education Code, as added by this Act,
12-4 applies only to tuition that becomes due beginning with the fall
12-5 semester in 1996. Tuition that became due before that semester is
12-6 governed by the law in effect at the time the tuition became due,
12-7 and that law is continued in effect for that purpose only.
12-8 (d) Not later than November 1, 1993, the Texas Higher
12-9 Education Coordinating Board shall take the necessary action to
12-10 develop the formula required by Section 54.211, Education Code, as
12-11 added by this Act.
12-12 (e) Not later than September 1, 1993, the Texas Higher
12-13 Education Coordinating Board shall complete the development and
12-14 promulgation of the articulation agreement required by Section
12-15 61.051(g), Education Code, as amended by this Act, and shall
12-16 develop and implement the policies to provide for free
12-17 transferability of all lower division course credit, as required by
12-18 that section.
12-19 (f) Section 61.051(g), Education Code, as amended by this
12-20 Act, applies only to the transferability of credit for courses
12-21 taken on or after the fall semester in 1993. The transferability
12-22 of credit for courses taken before that semester is governed by the
12-23 law in effect at the time the course was taken, and that law is
12-24 continued in effect for this purpose only.
12-25 SECTION 9. The importance of this legislation and the
12-26 crowded condition of the calendars in both houses create an
12-27 emergency and an imperative public necessity that the
13-1 constitutional rule requiring bills to be read on three several
13-2 days in each house be suspended, and this rule is hereby suspended,
13-3 and that this Act take effect and be in force from and after its
13-4 passage, and it is so enacted.