By Bivins                                             S.B. No. 1817
         77R13146 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a plan to increase enrollment of public school students
 1-3     in 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 or
 2-7     Subsection (h), not later than August 1 of the year in which a
 2-8     school district receives notice under Subsection (b), the district
 2-9     shall enter into an agreement with the public institution of higher
2-10     education in this state in closest geographic proximity to the
2-11     district to develop a plan to increase the percentage of the
2-12     district's graduating seniors who enroll in an institution of
2-13     higher education for the academic year following graduation.  The
2-14     public institution of higher education in this state in closest
2-15     geographic proximity to the district shall enter into an agreement
2-16     under this subsection unless that institution of higher education
2-17     or the district recruits another public institution of higher
2-18     education in this state to enter into that agreement.  A district
2-19     and the public institution of higher education entering into the
2-20     agreement with the district may also enter into an agreement with
2-21     one or more other public institutions of higher education in this
2-22     state to 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 school year during which
 4-6     the 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           (h)  A school district that is identified as a school
4-10     district to which this section applies is not required to develop
4-11     or implement a plan under this section if the district demonstrates
4-12     to the satisfaction of the commissioner that this section applies
4-13     to the district only if students graduating from a district high
4-14     school described by Subsection (a) who enroll in a private or
4-15     out-of-state institution of higher education are not counted as
4-16     students enrolled in an institution of higher education.
4-17           SECTION 2.  Notwithstanding Section 29.903, Education Code,
4-18     as added by this Act, the Texas Education Agency and the Texas
4-19     Higher Education Coordinating Board shall identify initial school
4-20     districts to which that section applies and provide notice to the
4-21     districts or public institutions of higher education, as
4-22     applicable, as prescribed by Section 29.903(b), Education Code, as
4-23     added by this Act, as soon as practicable after the effective date
4-24     of this Act but not later than September 30, 2001.  Each initial
4-25     school district identified shall enter into an agreement with a
4-26     public institution of higher education in this state, as prescribed
4-27     by Section 29.903(c), Education Code, as added by this Act, as soon
 5-1     as practicable after receiving notice in accordance with this
 5-2     section but not later than December 31, 2001.  Each initial school
 5-3     district shall implement a plan to increase enrollment of public
 5-4     school students in institutions of higher education, as prescribed
 5-5     by Section 29.903, Education Code, as added by this Act, beginning
 5-6     with the 2002-2003 school year.
 5-7           SECTION 3.  This Act takes effect immediately if it receives
 5-8     a vote of two-thirds of all the members elected to each house, as
 5-9     provided by Section 39, Article III, Texas Constitution.  If this
5-10     Act does not receive the vote necessary for immediate effect, this
5-11     Act takes effect September 1, 2001.