1-1     By:  Giddings (Senate Sponsor - Van de Putte)          H.B. No. 400
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on
 1-4     Education; May 9, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     May 9, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 400             By:  Van de Putte
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to assisting prospective students in enrolling in
1-11     institutions of higher education.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter Z, Chapter 29, Education Code, is
1-14     amended by adding Section 29.903 to read as follows:
1-15           Sec. 29.903.  PLAN TO INCREASE ENROLLMENT IN INSTITUTIONS OF
1-16     HIGHER EDUCATION. (a)  This section applies only to a school
1-17     district with one or more high schools that:
1-18                 (1)  during the preceding five years, have had an
1-19     average of at least 26 students in the high school graduating
1-20     class; and
1-21                 (2)  for any two consecutive years during the preceding
1-22     five years, have been among the lowest 10 percent of high schools
1-23     in this state in the percentage of students graduating from the
1-24     high school and enrolling for the following academic year in an
1-25     institution of higher education.
1-26           (b)  The agency and the Texas Higher Education Coordinating
1-27     Board shall collaborate in identifying each school district to
1-28     which this section applies.  Not later than May 1 of each year:
1-29                 (1)  the agency shall notify a district to which this
1-30     section applies of the applicability of this section to the
1-31     district unless the district is operating under a plan required by
1-32     this section; and
1-33                 (2)  the coordinating board shall notify each public
1-34     institution of higher education in this state in closest geographic
1-35     proximity to a district to which this section applies of the
1-36     applicability of this section to the district unless the district
1-37     is operating under a plan required by this section.
1-38           (c)  Except as otherwise provided by this subsection, not
1-39     later than August 1 of the year in which a school district receives
1-40     notice under Subsection (b), the district shall enter into an
1-41     agreement with the public institution of higher education in this
1-42     state in closest geographic proximity to the district to develop a
1-43     plan to increase the percentage of the district's graduating
1-44     seniors who enroll in an institution of higher education for the
1-45     academic year following graduation.  The public institution of
1-46     higher education in this state in closest geographic proximity to
1-47     the district shall enter into an agreement under this subsection
1-48     unless that institution of higher education or the district
1-49     recruits another public institution of higher education in this
1-50     state to enter into that agreement.  A district and the public
1-51     institution of higher education entering into the agreement with
1-52     the district may also enter into an agreement with one or more
1-53     other public institutions of higher education in this state to
1-54     participate in developing the plan.
1-55           (d)  A plan developed under this section:
1-56                 (1)  must establish clear, achievable goals for
1-57     increasing the percentage of the school district's graduating
1-58     seniors, particularly the graduating seniors attending a high
1-59     school described by Subsection (a), who enroll in an institution of
1-60     higher education for the academic year following graduation;
1-61                 (2)  must establish an accurate method of measuring
1-62     progress toward the goals established under Subdivision (1) that
1-63     may include the percentage of district high school students and the
1-64     percentage of students attending a district high school described
 2-1     by Subsection (a) who:
 2-2                       (A)  are enrolled in a course for which a student
 2-3     may earn college credit, such as an advanced placement or
 2-4     international baccalaureate course or a course offered through
 2-5     concurrent enrollment in high school and at an institution of
 2-6     higher education;
 2-7                       (B)  are enrolled in courses that meet the
 2-8     curriculum requirements for the recommended or advanced high school
 2-9     program as determined under Section 28.025;
2-10                       (C)  have submitted a free application for
2-11     federal student aid (FAFSA);
2-12                       (D)  are exempt under Section 51.306(l) or (m)
2-13     from administration of a test instrument under Section 51.306 or
2-14     have performed successfully on a test instrument under Section
2-15     51.306;
2-16                       (E)  graduate from high school;
2-17                       (F)  graduate from an institution of higher
2-18     education; and
2-19                       (G)  have taken college entrance examinations and
2-20     the average score of those students on the examinations;
2-21                 (3)  must cover a period of at least five years; and
2-22                 (4)  may be directed at district students at any level
2-23     of primary or secondary education.
2-24           (e)  A school district shall file the plan with the
2-25     commissioner of education and the commissioner of higher education.
2-26           (f)  A school district must implement the plan at the
2-27     beginning of the school year following the year during which the
2-28     district receives notice under Subsection (b).
2-29           (g)  A school district may revise the plan as necessary in
2-30     response to achieving or failing to achieve goals under the plan.
2-31           SECTION 2.  Subchapter C, Chapter 61, Education Code, is
2-32     amended by adding Section 61.088 to read as follows:
2-33           Sec. 61.088.  HIGHER EDUCATION ASSISTANCE PILOT PROGRAM. (a)
2-34     The board shall administer and coordinate the Higher Education
2-35     Assistance Pilot Program to:
2-36                 (1)  provide to prospective students in three areas of
2-37     this state with the highest number of students who do not attend
2-38     institutions of higher education, as determined by the board,
2-39     information related to enrollment in public or private or
2-40     independent institutions of higher education, including admissions
2-41     and financial aid information; and
2-42                 (2)  assist those prospective students in completing
2-43     applications related to enrollment in those institutions, including
2-44     admissions and financial aid applications.
2-45           (b)  The board shall provide the information and assistance
2-46     required by this section at least twice each year at one or more
2-47     appropriate locations in each area served by the pilot program.
2-48           (c)  The board may coordinate with an institution of higher
2-49     education or other entity to provide the information and assistance
2-50     required by this section in each area served by the pilot program.
2-51           (d)  Not later than August 31, 2003, the board shall submit
2-52     to the legislature a report on the effectiveness of the pilot
2-53     program, including recommendations on whether to implement the
2-54     program on a statewide basis.
2-55           (e)  The pilot program ends and this section expires August
2-56     31, 2003.
2-57           SECTION 3.  The Texas Higher Education Coordinating Board is
2-58     required to implement Section 61.088, Education Code, as added by
2-59     this Act only if the legislature appropriates money specifically
2-60     for that purpose.  If the legislature does not appropriate money
2-61     specifically for that purpose, the board may implement Section
2-62     61.088 using other appropriations available for the purpose.
2-63           SECTION 4.  Notwithstanding Section 29.903, Education Code,
2-64     as added by this Act, the Texas Education Agency and the Texas
2-65     Higher Education Coordinating Board shall identify initial school
2-66     districts to which that section applies and provide notice to the
2-67     districts or public institutions of higher education, as
2-68     applicable, as prescribed by Subsection (b), Section 29.903,
2-69     Education Code, as added by this Act, as soon as practicable after
 3-1     the effective date of this Act but not later than September 30,
 3-2     2001.  Each initial school district identified shall enter into an
 3-3     agreement with a public institution of higher education in this
 3-4     state, as prescribed by Subsection (c), Section 29.903, Education
 3-5     Code, as added by this Act, as soon as practicable after receiving
 3-6     notice in accordance with this section but not later than December
 3-7     31, 2001.  Each initial school district shall implement a plan to
 3-8     increase enrollment of public school students in institutions of
 3-9     higher education, as prescribed by Section 29.903, Education Code,
3-10     as added by this Act, beginning with the 2002-2003 school year.
3-11           SECTION 5.  This Act takes effect immediately if it receives
3-12     a vote of two-thirds of all the members elected to each house, as
3-13     provided by Section 39, Article III, Texas Constitution.  If this
3-14     Act does not receive the vote necessary for immediate effect, this
3-15     Act takes effect September 1, 2001.
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