TC C.S.S.B. 1419 75(R) BILL ANALYSIS HIGHER EDUCATION C.S.S.B. 1419 By: West (Rangel) 5-15-97 Committee Report (Substituted) BACKGROUND Currently, an institution of higher education can award a scholarship, grant, or other financial assistance to a student on the basis of the student's status as an athlete. In light of recent court decisions, it is fitting that a student not be granted admission to an institution of higher education solely based on the fact that a student is awarded an athletic scholarship or grant. Admittance should be based on academic merit. PURPOSE C.S.S.B. 1419 would require institutions of higher education to consider academic performance for the admittance of a potential student who has been promised or granted an athletic scholarship. 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 Subchapter Z, Chapter 51, Education Code, by adding Section 51.9245 to read as follows: Sec. 51.9245. ADMISSION OF PERSON RECEIVING ATHLETIC SCHOLARSHIP. (a) Defines "general academic teaching institution." (b) Prohibits a general academic teaching institution (institution) from admitting an applicant who has been promised or granted an athletic scholarship, grant, or similar financial assistance based on the student's participation in a sport, game, or other competition involving physical ability or skill for or on a team organized by the institution that is funded by state revenue unless: (1) an applicant entering as a freshman has a high school grade point average (GPA) equal to or greater than the average high school GPA of all entering freshman at the institution for the academic year preceding the academic year for which the applicant is seeking admission; or (2) an applicant, other than those stated in subdivision (1), has a cumulative college GPA equal to or greater than the average cumulative college GPA of all undergraduate students enrolled at the institution in the preceding academic year. SECTION 2. Effective date: September 1, 1997. Only applies to admission of a student on or after that date. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1419 amends the caption to conform with the changes made in the substitute. C.S.S.B. 1419 completely replaces SECTION 1 by amending Subchapter Z instead of adding Subchapter S (original bill) to outline specific admissions requirements at institutions. The committee substitute defines only "general academic teaching institutions," and does not include "medical and dental unit." Although both the original measure and the committee substitute deal with admissions policies, the former established a uniform admissions policy, whereas the latter establishes an admissions policy relating to individuals receiving athletic scholarships. S.B. 1419 authorizes up to 50% of an institution's offers for admission to students meeting traditional criteria, 40% of the offers to students meeting specific criteria, and 10% of the offers to students meeting criteria based on the student's potential and other factors. C.S.S.B. 1419 does not authorize specific percentages for admission offers, however establishes specific academic performance requirements for admission. The original bill establishes certain publication requirements, addresses exceptions to the admissions policies, directs enrichment, retention, and outreach programs and requires adoption of admissions policies for transfer students. The committee substitute does not make reference to these issues. The committee substitute, unlike the original bill, does not take issue with an annual report to the Texas Higher Education Coordinating Board (THECB), graduate and professional programs, or rulemaking authority. The original bill, however, does require an annual report to THECB outlining specific requirements, requires a written admissions policy for factors used in admission offers to graduate and professional programs, and gives rulemaking authority to THECB. C.S.S.B. 1419 changes the effective date in SECTION 2 from fall semester, 1998 to September 1, 1997 and applies only to the admission of a student on or after that date. C.S.S.B. 1419 does not include language concerning medical schools or the adoption of rules by THECB.