MMA C.S.H.B. 1404 75(R) BILL ANALYSIS HIGHER EDUCATION C.S.H.B. 1404 By: Kamel 3-14-97 Committee Report (Substituted) BACKGROUND Distance learning in higher education via video transmission and on-line services is rapidly increasing. In Texas, a public technical institute, public community college, or a public college or university must receive prior approval by the Texas Higher Education Coordinating Board (board) to offer courses through distance learning. Board approval is required for distance learning courses that may fall within the already-approved curriculum of the institution. Because of this extra hurdle, higher education institutions' efforts to deliver their services statewide and nationally have been thwarted. PURPOSE C.S.H.B. 1404 would allow public technical institutes, public community colleges, or a public college or university to offer courses via distance learning without the approval of the Texas Higher Education Coordinating Board, if the courses are offered through computer access, are part of the approved curriculum of the institution and have already been approved to be delivered by distance learning. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 61.051(j), Education Code, by adding language which allows a public technical institute, public community college, or a public college or university to offer courses to a student anywhere in the state through a computer or computer network, if the courses are approved by the board to be delivered by distance learning and are within the approved curriculum of the institution. States that the board shall encourage efforts to make more widely available educational opportunities via computer access in order to facilitate more distance learning courses. SECTION 2: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE H.B. 1404 as introduced removed all board approval from offering distance learning courses as long as they were within the approved curriculum of the institution. The C.S.H.B. 1404, instead, removes board approval for courses already approved to be delivered by distance learning and within the approved curriculum of the institution if they are offered by computer or computer network. Additionally, the C.S.H.B. 1404 allows the courses to be offered to a student anywhere in the state and contains language to encourage efforts to make courses via computer access more widely available.