1-1                                   AN ACT
 1-2     relating to assisting prospective students in enrolling in
 1-3     institutions of higher education.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter Z, Chapter 29, Education Code, is
 1-6     amended by adding Section 29.903 to read as follows:
 1-7           Sec. 29.903.  PLAN TO INCREASE ENROLLMENT IN INSTITUTIONS OF
 1-8     HIGHER EDUCATION. (a)  This section applies only to a school
 1-9     district with one or more high schools that:
1-10                 (1)  during the preceding five years, have had an
1-11     average of at least 26 students in the high school graduating
1-12     class; and
1-13                 (2)  for any two consecutive years during the preceding
1-14     five years, have been among the lowest 10 percent of high schools
1-15     in this state in the percentage of students graduating from the
1-16     high school and enrolling for the following academic year in an
1-17     institution of higher education.
1-18           (b)  The agency and the Texas Higher Education Coordinating
1-19     Board shall collaborate in identifying each school district to
1-20     which this section applies.  Not later than May 1 of each year:
1-21                 (1)  the agency shall notify a district to which this
1-22     section applies of the applicability of this section to the
1-23     district unless the district is operating under a plan required by
1-24     this section; and
 2-1                 (2)  the coordinating board shall notify each public
 2-2     institution of higher education in this state in closest geographic
 2-3     proximity to a district to which this section applies of the
 2-4     applicability of this section to the district unless the district
 2-5     is operating under a plan required by this section.
 2-6           (c)  Except as otherwise provided by this subsection, not
 2-7     later than August 1 of the year in which a school district receives
 2-8     notice under Subsection (b), the district shall enter into an
 2-9     agreement with the public institution of higher education in this
2-10     state in closest geographic proximity to the district to develop a
2-11     plan to increase the percentage of the district's graduating
2-12     seniors who enroll in an institution of higher education for the
2-13     academic year following graduation.  The public institution of
2-14     higher education in this state in closest geographic proximity to
2-15     the district shall enter into an agreement under this subsection
2-16     unless that institution of higher education or the district
2-17     recruits another public institution of higher education in this
2-18     state to enter into that agreement.  A district and the public
2-19     institution of higher education entering into the agreement with
2-20     the district may also enter into an agreement with one or more
2-21     other public institutions of higher education in this state to
2-22     participate in developing the plan.
2-23           (d)  A plan developed under this section:
2-24                 (1)  must establish clear, achievable goals for
2-25     increasing the percentage of the school district's graduating
2-26     seniors, particularly the graduating seniors attending a high
2-27     school described by Subsection (a), who enroll in an institution of
 3-1     higher education for the academic year following graduation;
 3-2                 (2)  must establish an accurate method of measuring
 3-3     progress toward the goals established under Subdivision (1) that
 3-4     may include the percentage of district high school students and the
 3-5     percentage of students attending a district high school described
 3-6     by Subsection (a) who:
 3-7                       (A)  are enrolled in a course for which a student
 3-8     may earn college credit, such as an advanced placement or
 3-9     international baccalaureate course or a course offered through
3-10     concurrent enrollment in high school and at an institution of
3-11     higher education;
3-12                       (B)  are enrolled in courses that meet the
3-13     curriculum requirements for the recommended or advanced high school
3-14     program as determined under Section 28.025;
3-15                       (C)  have submitted a free application for
3-16     federal student aid (FAFSA);
3-17                       (D)  are exempt under Section 51.306(l) or (m)
3-18     from administration of a test instrument under Section 51.306 or
3-19     have performed successfully on a test instrument under Section
3-20     51.306;
3-21                       (E)  graduate from high school;
3-22                       (F)  graduate from an institution of higher
3-23     education; and
3-24                       (G)  have taken college entrance examinations and
3-25     the average score of those students on the examinations;
3-26                 (3)  must cover a period of at least five years; and
3-27                 (4)  may be directed at district students at any level
 4-1     of primary or secondary education.
 4-2           (e)  A school district shall file the plan with the
 4-3     commissioner of education and the commissioner of higher education.
 4-4           (f)  A school district must implement the plan at the
 4-5     beginning of the school year following the year during which the
 4-6     district receives notice under Subsection (b).
 4-7           (g)  A school district may revise the plan as necessary in
 4-8     response to achieving or failing to achieve goals under the plan.
 4-9           SECTION 2.  Subchapter C, Chapter 61, Education Code, is
4-10     amended by adding Section 61.088 to read as follows:
4-11           Sec. 61.088.  HIGHER EDUCATION ASSISTANCE PILOT PROGRAM. (a)
4-12     The board shall administer and coordinate the Higher Education
4-13     Assistance Pilot Program to:
4-14                 (1)  provide to prospective students in three areas of
4-15     this state with the highest number of students who do not attend
4-16     institutions of higher education, as determined by the board,
4-17     information related to enrollment in public or private or
4-18     independent institutions of higher education, including admissions
4-19     and financial aid information; and
4-20                 (2)  assist those prospective students in completing
4-21     applications related to enrollment in those institutions, including
4-22     admissions and financial aid applications.
4-23           (b)  The board shall provide the information and assistance
4-24     required by this section at least twice each year at one or more
4-25     appropriate locations in each area served by the pilot program.
4-26           (c)  The board may coordinate with an institution of higher
4-27     education or other entity to provide the information and assistance
 5-1     required by this section in each area served by the pilot program.
 5-2           (d)  Not later than August 31, 2003, the board shall submit
 5-3     to the legislature a report on the effectiveness of the pilot
 5-4     program, including recommendations on whether to implement the
 5-5     program on a statewide basis.
 5-6           (e)  The pilot program ends and this section expires August
 5-7     31, 2003.
 5-8           SECTION 3.  The Texas Higher Education Coordinating Board is
 5-9     required to implement Section 61.088, Education Code, as added by
5-10     this Act only if the legislature appropriates money specifically
5-11     for that purpose.  If the legislature does not appropriate money
5-12     specifically for that purpose, the board may implement Section
5-13     61.088 using other appropriations available for the purpose.
5-14           SECTION 4.  Notwithstanding Section 29.903, Education Code,
5-15     as added by this Act, the Texas Education Agency and the Texas
5-16     Higher Education Coordinating Board shall identify initial school
5-17     districts to which that section applies and provide notice to the
5-18     districts or public institutions of higher education, as
5-19     applicable, as prescribed by Subsection (b), Section 29.903,
5-20     Education Code, as added by this Act, as soon as practicable after
5-21     the effective date of this Act but not later than September 30,
5-22     2001.  Each initial school district identified shall enter into an
5-23     agreement with a public institution of higher education in this
5-24     state, as prescribed by Subsection (c), Section 29.903, Education
5-25     Code, as added by this Act, as soon as practicable after receiving
5-26     notice in accordance with this section but not later than December
5-27     31, 2001.  Each initial school district shall implement a plan to
 6-1     increase enrollment of public school students in institutions of
 6-2     higher education, as prescribed by Section 29.903, Education Code,
 6-3     as added by this Act, beginning with the 2002-2003 school year.
 6-4           SECTION 5.  This Act takes effect immediately if it receives
 6-5     a vote of two-thirds of all the members elected to each house, as
 6-6     provided by Section 39, Article III, Texas Constitution.  If this
 6-7     Act does not receive the vote necessary for immediate effect, this
 6-8     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 400 was passed by the House on April
         24, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 400 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 400 was passed by the Senate, with
         amendments, on May 22, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor