By Hernandez H.B. No. 2380
74R6621 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cooperation between school districts and institutions
1-3 of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 21, Education Code, is amended by adding
1-6 Subchapter W to read as follows:
1-7 SUBCHAPTER W. RELATIONSHIPS BETWEEN SCHOOL DISTRICTS
1-8 AND INSTITUTIONS OF HIGHER EDUCATION
1-9 Sec. 21.811. DEFINITIONS. In this subchapter:
1-10 (1) "Coordinating board" means the Texas Higher
1-11 Education Coordinating Board.
1-12 (2) "Faculty member" has the meaning assigned by
1-13 Section 51.101.
1-14 (3) "Institution of higher education" has the meaning
1-15 assigned by Section 61.003.
1-16 (4) "Postsecondary course" means a nonsectarian course
1-17 or program offered by a public or private institution.
1-18 (5) "Postsecondary credit" means credit granted by a
1-19 public or private institution for a postsecondary course completed
1-20 by a student while enrolled in a public high school.
1-21 (6) "Public or private institution" means:
1-22 (A) an institution of higher education; or
1-23 (B) a private, postsecondary institution that
1-24 qualifies for a tuition equalization grant under Section 61.222.
2-1 (7) "Secondary credit" means credit granted by a
2-2 public high school and applied toward the school's graduation
2-3 requirements for a postsecondary course completed by a student.
2-4 (8) "Teacher" has the meaning assigned by Section
2-5 13.202.
2-6 Sec. 21.812. ENCOURAGEMENT AND MEASUREMENT OF RELATIONSHIPS
2-7 BETWEEN SCHOOL DISTRICTS AND INSTITUTIONS OF HIGHER EDUCATION AND
2-8 FACULTY MEMBERS. (a) The coordinating board, after consulting
2-9 with the Central Education Agency, shall develop policies to:
2-10 (1) encourage institutions of higher education and
2-11 faculty members of those institutions to create substantive
2-12 relationships with each school district near or within which a
2-13 campus of the institution of higher education is located; and
2-14 (2) reward those institutions of higher education and
2-15 faculty members who establish substantive relationships with school
2-16 districts.
2-17 (b) The strategic plan required by Chapter 2056, Government
2-18 Code, for an institution of higher education may include a measure
2-19 of whether the institution is creating a substantive relationship
2-20 with each school district near or within which a campus of the
2-21 institution is located.
2-22 Sec. 21.813. INTERACTION BETWEEN SCHOOL DISTRICTS AND
2-23 INSTITUTIONS OF HIGHER EDUCATION AND FACULTY MEMBERS. (a) A
2-24 school district and an institution of higher education that has a
2-25 campus located near or within the school district may assist each
2-26 other on research projects and on distance learning.
2-27 (b) Teachers at a school district and faculty members of a
3-1 campus of an institution of higher education located near or within
3-2 the school district may create advisory groups to improve
3-3 communication between the teachers and faculty members concerning
3-4 the subject matter of their courses and teaching fields.
3-5 (c) The director of a library of an institution of higher
3-6 education may allow a student in the 11th or 12th grade in a school
3-7 district near or within which a campus of the institution of higher
3-8 education is located to use the library as if the student were
3-9 enrolled at the institution of higher education.
3-10 (d) An institution of higher education may establish a
3-11 student internship program or expand an existing program to
3-12 encourage high school students to pursue careers in science,
3-13 mathematics, and health care.
3-14 Sec. 21.814. ASSISTANCE TO SCHOOL DISTRICTS BY STUDENT
3-15 TEACHERS. (a) If an institution of higher education has a college
3-16 of education or other division that has a primary responsibility to
3-17 train students to teach in schools, the college or division is
3-18 encouraged to identify a school district or school to assist as
3-19 provided by this subchapter.
3-20 (b) The college or division is encouraged to develop and
3-21 test new and innovative methods to teach at the identified school
3-22 district or school.
3-23 Sec. 21.815. COMMUNITY SERVICE ADVISORY COMMITTEE. (a) The
3-24 community service advisory committee consists of the following 10
3-25 members:
3-26 (1) three members appointed by the coordinating board
3-27 from a list of six names submitted by the governor;
4-1 (2) three members appointed by the coordinating board
4-2 from a list of six names submitted by the lieutenant governor;
4-3 (3) three members appointed by the coordinating board
4-4 from a list of six names submitted by the speaker of the house of
4-5 representatives; and
4-6 (4) the commissioner of education, who serves as an ex
4-7 officio, nonvoting member.
4-8 (b) The coordinating board shall designate a presiding
4-9 officer of the advisory committee from among the appointed members.
4-10 (c) The advisory committee shall:
4-11 (1) advise the coordinating board, the governor, and
4-12 the legislature concerning the development of a community service
4-13 program for students enrolled at institutions of higher education;
4-14 and
4-15 (2) prepare a comprehensive report on whether the
4-16 legislature should adopt a community service program for students
4-17 enrolled at institutions of higher education.
4-18 (d) The report under Subsection (c) should include
4-19 discussion and recommendations on:
4-20 (1) whether the state should require or authorize the
4-21 development of a community service program for graduate students or
4-22 for undergraduate students enrolled at institutions of higher
4-23 education;
4-24 (2) the types of community services that should be
4-25 included in a community service program, including assistance to
4-26 teachers and tutoring or mentoring of students in school districts;
4-27 (3) priorities of emphasis among the types of
5-1 community services;
5-2 (4) how a community service program should be
5-3 established and administered;
5-4 (5) the amount and source of money needed to
5-5 adequately fund a community service program; and
5-6 (6) how a community service program may be coordinated
5-7 with a community service or similar program authorized by federal
5-8 law.
5-9 (e) A member of the advisory committee may not receive
5-10 compensation for service performed for the committee but is
5-11 entitled to receive reimbursement, subject to any applicable
5-12 limitation provided by the General Appropriations Act, for actual
5-13 and necessary expenses incurred in performing duties for the
5-14 committee.
5-15 (f) The coordinating board shall provide staff and other
5-16 support services as needed by the advisory committee.
5-17 (g) The advisory committee shall submit the report described
5-18 by Subsection (d) to the coordinating board, governor, and
5-19 legislature not later than December 1, 1996.
5-20 (h) This section expires and the advisory committee is
5-21 abolished September 1, 1997.
5-22 Sec. 21.816. ENROLLMENT IN POSTSECONDARY COURSES. (a) A
5-23 student enrolled in the 11th or 12th grade in a school district,
5-24 other than a foreign exchange student enrolled in a district under
5-25 a cultural exchange program, may attend a postsecondary course
5-26 offered by a public or private institution that accepts the student
5-27 for enrollment.
6-1 (b) A student who first attends a postsecondary course at
6-2 the beginning of the 11th grade may not, while enrolled in a school
6-3 district, enroll in postsecondary courses under this section for
6-4 secondary credit that exceeds the equivalent of two school years.
6-5 A student who first attends a postsecondary course at the beginning
6-6 of the 12th grade may not, while enrolled in a school district,
6-7 enroll in postsecondary courses under this section for secondary
6-8 credit that exceeds the equivalent of one school year. If a
6-9 student begins enrollment in a postsecondary course during the
6-10 middle of the school year, the student's maximum enrollment under
6-11 this subsection is reduced proportionately.
6-12 (c) A public or private institution that accepts a student
6-13 under this section shall, not later than the 10th day after the
6-14 date of acceptance, send written notice of the name and time of
6-15 each course that the student may attend to the student, the school
6-16 district in which the student is enrolled, and the commissioner of
6-17 education.
6-18 (d) A public or private institution shall give priority to
6-19 the institution's postsecondary students when determining whether
6-20 to accept a student under this section. A public or private
6-21 institution may not, after accepting a student under this section,
6-22 remove the student from a postsecondary course to make room for
6-23 another student.
6-24 (e) A school district shall, not later than February 15 of
6-25 each school year, inform each student enrolled in the 10th or 11th
6-26 grade in the district of opportunities for the student to attend a
6-27 postsecondary course under this section. A district shall request
7-1 that a student notify the district not later than March 31 if the
7-2 student intends to attend a postsecondary course during the
7-3 following school year, but a student's failure to notify the
7-4 district does not affect the student's right to attend a
7-5 postsecondary course.
7-6 (f) A school district shall provide information to a student
7-7 seeking to attend a postsecondary course under this section and a
7-8 parent of each such student regarding:
7-9 (1) student eligibility;
7-10 (2) public or private institutions accepting students
7-11 under this section;
7-12 (3) postsecondary courses available to the student;
7-13 (4) award of credit for postsecondary courses;
7-14 (5) financial arrangements available for payment of
7-15 tuition;
7-16 (6) textbooks and materials;
7-17 (7) available support services;
7-18 (8) scheduling;
7-19 (9) potential consequences of poor performance in a
7-20 postsecondary course;
7-21 (10) potential impact of attending a postsecondary
7-22 course on the student's ability to complete the district's academic
7-23 requirements for graduation; and
7-24 (11) social responsibilities associated with
7-25 enrollment in a public or private institution.
7-26 (g) A school district shall, to the extent possible, provide
7-27 counseling to a student seeking to attend a postsecondary course
8-1 under this section and a parent of each such student regarding the
8-2 consequences of attendance before the student begins the course. A
8-3 school district shall encourage the student and the student's
8-4 parent to use counseling services available at any applicable
8-5 public or private institution.
8-6 (h) Before a student enrolls in a postsecondary course under
8-7 this section, the student and one of the student's parents must
8-8 sign a statement provided by the school district that acknowledges
8-9 that the student and parent have received the information specified
8-10 in Subsection (f).
8-11 (i) The Central Education Agency shall, on request by a
8-12 school district, provide technical assistance to the district in
8-13 developing:
8-14 (1) guidelines applicable to counseling provided by
8-15 the district under Subsection (g); or
8-16 (2) a statement to be used by the district under
8-17 Subsection (h).
8-18 (j) A faculty member of a public or private institution may
8-19 teach a student enrolled in a postsecondary course under this
8-20 section regardless of whether the faculty member is certified under
8-21 Section 13.032.
8-22 Sec. 21.817. CREDIT FOR ENROLLMENT IN POSTSECONDARY COURSES.
8-23 (a) A school district shall grant secondary credit, applicable
8-24 toward the district's graduation and subject area requirements, to
8-25 a student who:
8-26 (1) successfully completes a postsecondary course
8-27 under Section 21.816 approved by the district; and
9-1 (2) provides documentation to the district of the
9-2 grade received by the student in the postsecondary course.
9-3 (b) A school district that grants secondary credit under
9-4 this section shall, in the student's academic record, identify all
9-5 secondary credit granted as a result of the student's completion of
9-6 a postsecondary course and include evidence of the completion of
9-7 each course.
9-8 (c) A public or private institution shall, after a student
9-9 receives a high school diploma, grant postsecondary credit for each
9-10 postsecondary course offered by the institution and completed by
9-11 the student while enrolled in a school district.
9-12 Sec. 21.818. FUNDING AND SUPPLIES. (a) A student's
9-13 enrollment in a postsecondary course under Section 21.816 is
9-14 financed through the foundation school program. A school district
9-15 shall pay to the appropriate public or private institution, for
9-16 each student enrolled in the district who is attending an approved
9-17 postsecondary course at the institution, a percentage determined
9-18 under Subsection (b) of the district's total state and local
9-19 funding per student for maintenance and operations.
9-20 (b) The commissioner of education and the coordinating board
9-21 shall jointly develop allocation formulas to determine the
9-22 percentage of a district's total state and local funding to be paid
9-23 under Subsection (a). If the commissioner of education and the
9-24 coordinating board are unable to agree on formulas, the Legislative
9-25 Budget Board shall develop the formulas. The formulas must:
9-26 (1) reserve for the district a portion of the
9-27 district's total state and local funding for the district's
10-1 administrative and counseling costs associated with a student
10-2 attending a postsecondary course; and
10-3 (2) prorate the remaining portion of the district's
10-4 total state and local funding between the district and the
10-5 appropriate public or private institution according to the number
10-6 of hours per day a student spends receiving instruction from the
10-7 district and the institution.
10-8 (c) The coordinating board shall develop a funding formula
10-9 through which a public institution of higher education may be
10-10 compensated for its marginal cost of providing instruction to a
10-11 student under Section 21.816.
10-12 (d) A student's enrollment in a postsecondary course is
10-13 funded under this section only to the extent that the student's
10-14 total secondary and postsecondary course load does not exceed the
10-15 regular course load of a full-time high school student. A student
10-16 may enroll in a postsecondary course that exceeds this limit at the
10-17 student's sole expense.
10-18 (e) All textbooks and equipment provided by a school
10-19 district to a student relating to a postsecondary course are
10-20 district property and must be returned by the student to the
10-21 district on conclusion of the postsecondary course.
10-22 Sec. 21.819. RULEMAKING AUTHORITY. The commissioner of
10-23 education and the coordinating board may jointly adopt rules
10-24 necessary to implement Sections 21.816-21.818. If the commissioner
10-25 and the coordinating board fail to adopt necessary rules, the
10-26 Legislative Budget Board may do so.
10-27 SECTION 2. Section 21.116, Education Code, is repealed.
11-1 SECTION 3. (a) Not later than October 1, 1995, the
11-2 governor, the lieutenant governor, and the speaker of the house of
11-3 representatives shall submit a list of names to the Texas Higher
11-4 Education Coordinating Board, as required by Section 21.815,
11-5 Education Code, as added by this Act.
11-6 (b) Not later than November 1, 1995, the Texas Higher
11-7 Education Coordinating Board shall appoint members to the community
11-8 service advisory committee as required by Section 21.815, Education
11-9 Code, as added by this Act.
11-10 SECTION 4. (a) Not later than November 1, 1995, the
11-11 commissioner of education and the Texas Higher Education
11-12 Coordinating Board shall:
11-13 (1) adopt the formulas required by Section 21.818,
11-14 Education Code, as added by this Act; and
11-15 (2) adopt any rules required to implement Sections
11-16 21.816-21.818, Education Code, as added by this Act.
11-17 (b) If the commissioner of education and the Texas Higher
11-18 Education Coordinating Board fail to comply with Subsection (a) of
11-19 this section, the Legislative Budget Board shall adopt the required
11-20 formulas and rules not later than December 1, 1995.
11-21 SECTION 5. (a) Except as provided by Subsection (b) of this
11-22 section, this Act takes effect September 1, 1995.
11-23 (b) Sections 21.816 and 21.817, Education Code, as added by
11-24 this Act, take effect January 1, 1996.
11-25 SECTION 6. The importance of this legislation and the
11-26 crowded condition of the calendars in both houses create an
11-27 emergency and an imperative public necessity that the
12-1 constitutional rule requiring bills to be read on three several
12-2 days in each house be suspended, and this rule is hereby suspended.