SRC-JJJ H.B. 713 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 713
By: Cuellar (Ellis)
Education
4/27/1999
Engrossed


DIGEST 

A national study reviewed by the Texas Higher Education Coordinating Board
showed that college participation and graduation rates decrease as family
income decreases.  In Texas, at least 46 percent of all households and 62
percent of African-American and Hispanic households have annual incomes of
less than $25,000.  The rising cost of tuition, fees, and other expenses,
such as room, board, books, and  transportation, has made attending a Texas
institution of higher education prohibitively expensive for many Texas
students and their families.  H.B. 713 would establish provisions regarding
the Texas Gateway to the Future Grant Program and the Teach for Texas
Program, by consolidating financial aid, grant, and scholarship programs,
as well as providing for the education, certification, and recruitment of
teachers. 
  
PURPOSE

As proposed, H.B. 713 establishes provisions regarding the Texas Gateway to
the Future Grant Program and the Teach for Texas Program, by consolidating
financial aid, grant, and scholarship programs, as well as providing for
the education, certification, and recruitment of teachers. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Higher Education Coordinating
Board in SECTION 1 (Sections 56.303(a) and (b), Education Code) and SECTION
12 (Section 61.0514, Education Code); and to the State Board for Educator
Certification in SECTION 8 (Sections 21.503(a) and 21.504(c), Education
Code), SECTION 11 (Section 21.0441, Education Code), and SECTION 12
(Section 61.0514, Education Code) of this bill.  
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 56, Education Code, by adding Subchapter M, as
follows: 

SUBCHAPTER M.  TEXAS GATEWAY TO THE FUTURE GRANT PROGRAM

Sec. 56.301.  DEFINITIONS.  Defines "coordinating board," "eligible
institution," private or independent institution of higher education,"
"public junior college," and "public technical institute." 

Sec. 56.302.  PROGRAM NAME; PURPOSE.  Provides that the student financial
assistance program authorized by this subchapter is known as the Texas
Gateway to the Future Grant Program (program), and an individual grant
awarded is known as a Texas Gateway grant (grant).  Establishes that the
purpose of this subchapter is to provide a grant of money to enable
eligible students to attend public and private institutions of higher
education in this state. 
 
Sec. 56.303.  ADMINISTRATION OF PROGRAM.  Requires the Texas Higher
Education Coordinating Board (THECB) to administer the program and to adopt
any rules necessary to implement the program or subchapter.  Requires THECB
to consult with the student financial aid officers of eligible institutions
in developing the rules.  Requires THECB to adopt rules to provide  a grant
to an eligible student in the most efficient way possible. Prohibits the
amount of a grant from exceeding the amount available for the program.
Requires THECB to award grants to students who demonstrate the greatest
financial need with the highest priority. 
 
Sec. 56.304.  INITIAL ELIGIBILITY FOR GRANT. Sets forth initial grant
eligibility requirements for a person.  Provides that a person with a
baccalaureate degree is not eligible for a grant.  Prohibits a person from
receiving a grant for more than 150 semester credit hours or the
equivalent.  Authorizes a person to complete the advanced high school
curriculum requirements using certain methods.  Provides that the
requirement that a person complete the recommended or advanced high school
curriculum or its equivalent does not apply to certain persons.  Requires
the commissioner of education (commissioner) to certify to THECB  a list of
all of the public high schools that do not offer all the necessary courses
to complete all parts of the recommended or advanced curriculum or its
equivalent.   

Sec. 56.305.  CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE REQUIREMENTS.
Authorizes a person to continue to receive a grant during each semester or
term in which the person is enrolled, after initially qualifying, only if
the person continues to meet certain requirements.  Prohibits the person
from receiving a grant, if the person fails to meet any of the
requirements, during the next semester or term in which the person enrolls.
Authorizes a person to become eligible to receive a grant in a  subsequent
semester or term if certain requirements are fulfilled.  Establishes
continued eligibility for a person who receives an undergraduate
certificate or associate degree and enrolls in a higher-level undergraduate
degree program, providing certain conditions are met.  Sets forth
conditions by which a person makes satisfactory academic progress toward an
undergraduate degree or certificate. 

Sec. 36.306.  GRANT USE.   Authorizes a person receiving a grant to use the
money to pay certain standard costs incurred by a student.  Authorizes an
institution to disburse all or part of the proceeds of a grant to an
eligible person only if all tuition and required fees owed by the person to
the institution have been paid.   

Sec. 36.307.  GRANT AMOUNT.  Sets forth the grant amount awarded to a
student for a semester or term for a person enrolled full-time at an
eligible institution, a private or independent institution of higher
education, public technical institute, or public junior college.  Provides
that a student enrolled part-time at an eligible institution is entitled to
a pro rata share of the average statewide amount of tuition and fees.
Prohibits the amount of a grant from being reduced by any gift aid for
which the person is eligible, with an exception. Requires THECB, not later
than January 1 of each year, to publish the amounts of each grant for each
type of institution established for the next academic year. 

Sec. 56.308.  NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF SCHOOL
DISTRICTS.  Requires THECB to distribute to each eligible institution and
to each school district a copy of the rules.  Sets forth requirements for
each school district.  Requires a student's transcript to indicate certain
information not later than the end of the student's junior year. 

Sec. 56.309.  FUNDING.  Authorizes THECB to solicit and accept gifts and
grants from any public or private source. 

SECTION 2.  Amends Section 54.5021(c), Education Code, to authorize the
amount allocated under this subsection to be used only for making grants
under Chapter 56M.  Deletes text regarding scholarship awards to needy and
deserving students. 

SECTION 3.  Amends Section 56.039, Education Code, to require THECB to use
transferred funds to award grants under Subchapter M.  Deletes text
regarding scholarships for students at institutions other than the
institution that transferred the funds. 

SECTION 4.  Amends Chapter 61C, Education Code, by adding Section 61.0776,
as follows: 

Sec. 61.0776.  CENTER FOR FINANCIAL AID INFORMATION.  Requires THECB and
the Texas Guaranteed  Student Loan Corporation (loan corporation), in
conjunction with certain other agencies and individuals, to develop a
center for financial aid information. Requires the center to disseminate
information about financial aid opportunities and procedures.  Requires the
agencies, to assist THECB and the loan corporation in developing
information provided by the center, to jointly create an advisory committee
that consists of certain specific individuals.  Authorizes the agencies to
designate an institution of higher education or other entity with
appropriate facilities and resources to operate or house the center.
Requires the center to maintain a toll-free telephone line that is staffed
by persons knowledgeable about financial aid information in this state.
Requires the center, based on the advisory committee's recommendations, to
publish information concerning financial aid opportunities in the state and
to fulfill certain conditions.   
     
SECTION 5.  Amends Section 11.252(a), Education Code, to set forth required
provisions for a district improvement plan, including strategies for
providing certain information to middle school, junior high school, and
high school students regarding aspects of higher education.  Makes
conforming changes. 

SECTION 6.  Amends Section 21.451(a), Education Code, to require the
minimum standards with respect to staff development to include guidelines
for the cooperation of principals, counselors, and teachers to provide
students and those students' parents with information about higher
education. Sets forth requirements for the inclusion of certain necessary
information in the staff development regarding certain aspects of higher
education. 

SECTION 7.  Amends Section 28.002, Education Code, by adding Subsection
(l), to authorize a school district to offer courses required for the
completion of the recommended or advanced curriculum by distance learning
methods.  Prohibits a school district from offering more than 10 percent of
those courses. 

SECTION 8.  Amends Chapter 21, Education Code, by adding Subchapter K, as
follows: 

SUBCHAPTER K.  TEACH FOR TEXAS PROGRAM

 Sec. 21.501.  PURPOSES.  Sets forth the purposes of the Teach for Texas
Program.   

 Sec. 21.502.  DEFINITIONS.  Defines "board" and "program."

Sec. 21.503.  DEVELOPMENT AND STRUCTURE OF PROGRAM; CERTIFICATION
REQUIREMENTS.  Requires the State Board for Educator Certification
(certification board) to propose rules establishing the Teach for Texas
Program (teaching program).  Provides that the teaching program consists of
a two tier program.  Sets forth requirements by which the teaching board
shall propose alternative certification.   
 
Sec. 21.504.  FINANCIAL INCENTIVES.  Requires the program to offer to
participants certain financial incentives.  Sets forth conditions by which
the certification board shall offer financial incentives.  Provides that
financial incentives are payable from funds appropriated for that purpose
and from gifts, grants, and donations solicited by the board for that
purpose. Requires the certification board to propose rules establishing
criteria for awarding financial incentives. 

Sec. 21.505.  RECRUITMENT AND RETENTION CAMPAIGN.  Requires the
certification board, in conjunction with other agencies, to conduct a
coordinated campaign to educate professionals and students about the
program. Requires the campaign to emphasize certain values. 
   
SECTION 9.  Amends Section 21.004, Education Code, to require the Texas
Education Agency (TEA), certification board, and THECB to develop and
implement programs to identify talented students and recruit those students
and certain persons into the teaching profession. Requires TEA,
certification board, and THECB to develop and widely distribute materials
that emphasize the importance of the teaching profession and inform
individuals of certain applicable programs.  Requires THECB to encourage
certain institutions to incorporate a one-semester credit hour course for
the purpose of recruiting undergraduates into the teaching profession.
Provides that a course under this section is not considered in determining
the number of semester hours of education courses required.  Requires the
commissioner, in cooperation with the commissioner of higher education and
the executive director of the State Board for Educator Certification, to
annually identify the need for  teachers in specific subject areas and
geographic regions and among underrepresented  groups.  Requires the
commissioner to give priority to developing and implementing recruitment
programs to address those needs for TEA's discretionary funds.  Sets forth
requirements for TEA, the certification board, and THECB to encourage
certain entities to develop and promote programs regarding teaching as a
profession.  Deletes text regarding technology required for the recruitment
program; TEA cooperation in development and implementation of the
recruitment program; consideration for efforts for existing programs in
recruiting minorities into the teaching profession; and requiring the
appointment of and meetings with teacher recruiting officers in regional
education service centers.  Makes conforming changes. 
   
SECTION 10.  Amends Section 21.044, Education Code, to delete text
regarding requirements for an internship or induction year program. 

SECTION 11.  Amends Chapter 21B, Education Code, by adding Sections 21.0441
and 21.0442, as follows: 

Sec. 21.0441.  INDUCTION FOR BEGINNING EDUCATORS.  Requires the
certification board to propose rules establishing guidelines for the
induction of beginning educators.  Sets forth requirements for the
guidelines. 
 
Sec. 21.0442.  COOPERATION WITH TEXAS HIGHER EDUCATION COORDINATING BOARD.
Requires the certification board to cooperate with and advise THECB in
adoption by THECB of rules for educator preparation coursework guidelines.  
 
SECTION 12.  Amends Chapter 61C, Education Code, by adding Section 61.0514,
as follows: 

Sec. 61.0514.  INTEGRATED COURSEWORK.  Requires THECB, by rule, in
cooperation with the certification board, to adopt certain educator
preparation coursework guidelines required for certification. 
 
SECTION 13.  Amends Chapter 61M, Education Code, as follows:

SUBCHAPTER M.  New heading:  REPAYMENT OF CERTAIN TEACHER AND  FACULTY
EDUCATION LOANS 

 Sec. 61.701.  REPAYMENT AUTHORIZED.  Makes conforming changes.

Sec. 61.702.  ELIGIBILITY.  Sets forth provisions established by THECB by
which a person is eligible to receive repayment assistance.  Deletes text
regarding repayment assistance on a pro rata basis.  Makes conforming and
nonsubstantive changes.  

Sec. 61.703.  LIMITATION.  Prohibits a person from receiving repayment
assistance grants for more than 10, rather than five, years.  Makes a
conforming change. 

 Sec. 61.704.  ELIGIBLE LOANS.  Makes conforming changes.
 
Sec. 61.705.  REPAYMENT.  Provides that the minimum amount of repayment
assistance that may be received in one year by a person is 50 percent of
the amount of principal and accrued interest that is due that year.  Makes
conforming changes. 

 Sec. 61.706.  ADVISORY COMMITTEES.  Makes a conforming change.

 Sec. 61.707.  ACCEPTANCE OF FUNDS.  Makes a conforming change.

 Sec. 61.708.  RULES.  Authorizes THECB to adopt necessary rules regarding
the minimum and maximum amount of repayment assistance a person may receive
in one year.  Requires a copy of the rules to be distributed to certain
entities including the personnel office at an institution of higher
education.  Makes conforming changes. 

SECTION 14.  Amends Section 151.423, Tax Code, to make conforming changes.

SECTION 15.  Repealer:  Section 54.216, Education Code (regarding the Texas
New Horizons Scholarships). 

SECTION 16.  Repealer, effective June 1, 1999:  Chapter 56F, Education Code
(regarding the Texas educational opportunity grant program).   

SECTION 17.  Provides that any money appropriated to, collected for, or
that exists in an account to support any program abolished under SECTION 15
or 16 is transferred to THECB for use in the Texas Gateway to the Future
Grant Program. 

SECTION 18.  Requires THECB to review and study the laws relating to
financial aid, grants, and scholarship programs or tuition and fee waivers
or exemptions.  Sets forth requirements and goals of the study.  Requires
THECB to report its activities and findings to certain government officials
not later than December 1, 2000. 

SECTION 19.  Authorizes a person receiving a scholarship under Section
54.216, Education Code, on the effective date of this Act, to continue to
receive the scholarship until the person is no longer eligible for the
scholarship as the section exists on January 1, 1999.  Requires the costs
to be covered by the program.   

SECTION 20.  Require THECB, in conjunction with the commissioner, to
conduct a study relating to the performance of students at institutions of
higher education as that performance relates to whether a student completed
the recommended or advanced high school curriculum.  Sets forth
considerations THECB shall include in the study.  Requires THECB to issue
the final report to certain individuals and entities, not later than
January 1, 2003.  Authorizes THECB to issue preliminary reports related to
the study at  any time.  Establishes that this section expires January 2,
2003. 

SECTION 21.  Requires THECB and the eligible institutions of higher
education to award scholarships under the program beginning with the 1999
fall semester.  Requires THECB to adopt the rules for awarding scholarships
under the program not later than July 25, 1999. 

SECTION 22.  Requires the commissioner to certify to THECB a list of all of
the public high schools that do not offer all the courses necessary to
complete all parts of the recommended or advanced curriculum or its
equivalent, not later than July 31, 1999. 

SECTION 23.  Requires THECB to adopt and distribute rules in accordance
with Section 61.0514, Education Code, not later than August 15, 2000.
Requires public junior colleges and public senior colleges and universities
to offer courses in accordance with those rules beginning with the fall
semester of the 2002-2003 academic year. 

SECTION 24. Emergency clause.
  Effective date: upon passage.