1-1     By:  Bivins                                           S.B. No. 1817
 1-2           (In the Senate - Filed April 19, 2001; April 23, 2001, read
 1-3     first time and referred to Committee on Education; April 30, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 8, Nays 0; April 30, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1817                  By:  Bivins
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to a plan to increase enrollment of public school students
1-10     in institutions of higher education.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter Z, Chapter 29, Education Code, is
1-13     amended by adding Section 29.903 to read as follows:
1-14           Sec. 29.903.  PLAN TO INCREASE ENROLLMENT IN INSTITUTIONS OF
1-15     HIGHER EDUCATION.  (a)  This section applies only to a school
1-16     district with one or more high schools that:
1-17                 (1)  during the preceding five years, have had an
1-18     average of at least 26 students in the high school graduating
1-19     class; and
1-20                 (2)  for any two consecutive years during the preceding
1-21     five years, have been among the lowest 10 percent of high schools
1-22     in this state in the percentage of students graduating from the
1-23     high school and enrolling for the following academic year in an
1-24     institution of higher education.
1-25           (b)  The agency and the Texas Higher Education Coordinating
1-26     Board shall collaborate in identifying each school district to
1-27     which this section applies.  Not later than May 1 of each year:
1-28                 (1)  the agency shall notify a district to which this
1-29     section applies of the applicability of this section to the
1-30     district unless the district is operating under a plan required by
1-31     this section; and
1-32                 (2)  the coordinating board shall notify each public
1-33     institution of higher education in this state in closest geographic
1-34     proximity to a district to which this section applies of the
1-35     applicability of this section to the district unless the district
1-36     is operating under a plan required by this section.
1-37           (c)  Except as otherwise provided by this subsection, not
1-38     later than August 1 of the year in which a school district receives
1-39     notice under Subsection (b), the district shall enter into an
1-40     agreement with the public institution of higher education in this
1-41     state in closest geographic proximity to the district to develop a
1-42     plan to increase the percentage of the district's graduating
1-43     seniors who enroll in an institution of higher education for the
1-44     academic year following graduation.  The public institution of
1-45     higher education in this state in closest geographic proximity to
1-46     the district shall enter into an agreement under this subsection
1-47     unless that institution of higher education or the district
1-48     recruits another public institution of higher education in this
1-49     state to enter into that agreement.  A district and the public
1-50     institution of higher education entering into the agreement with
1-51     the district may also enter into an agreement with one or more
1-52     other public institutions of higher education in this state to
1-53     participate in developing the plan.
1-54           (d)  A plan developed under this section:
1-55                 (1)  must establish clear, achievable goals for
1-56     increasing the percentage of the school district's graduating
1-57     seniors, particularly the graduating seniors attending a high
1-58     school described by Subsection (a), who enroll in an institution of
1-59     higher education for the academic year following graduation;
1-60                 (2)  must establish an accurate method of measuring
1-61     progress toward the goals established under Subdivision (1) that
1-62     may include the percentage of district high school students and the
1-63     percentage of students attending a district high school described
1-64     by Subsection (a) who:
 2-1                       (A)  are enrolled in a course for which a student
 2-2     may earn college credit, such as an advanced placement or
 2-3     international baccalaureate course or a course offered through
 2-4     concurrent enrollment in high school and at an institution of
 2-5     higher education;
 2-6                       (B)  are enrolled in courses that meet the
 2-7     curriculum requirements for the recommended or advanced high school
 2-8     program as determined under Section 28.025;
 2-9                       (C)  have submitted a free application for
2-10     federal student aid (FAFSA);
2-11                       (D)  are exempt under Section 51.306(l) or (m)
2-12     from administration of a test instrument under Section 51.306 or
2-13     have performed successfully on a test instrument under Section
2-14     51.306;
2-15                       (E)  graduate from high school;
2-16                       (F)  graduate from an institution of higher
2-17     education; and
2-18                       (G)  have taken college entrance examinations and
2-19     the average score of those students on the examinations;
2-20                 (3)  must cover a period of at least five years; and
2-21                 (4)  may be directed at district students at any level
2-22     of primary or secondary education.
2-23           (e)  A school district shall file the plan with the
2-24     commissioner of education and the commissioner of higher education.
2-25           (f)  A school district must implement the plan at the
2-26     beginning of the school year following the year during which the
2-27     district receives notice under Subsection (b).
2-28           (g)  A school district may revise the plan as necessary in
2-29     response to achieving or failing to achieve goals under the plan.
2-30           SECTION 2.  Notwithstanding Section 29.903, Education Code,
2-31     as added by this Act, the Texas Education Agency and the Texas
2-32     Higher Education Coordinating Board shall identify initial school
2-33     districts to which that section applies and provide notice to the
2-34     districts or public institutions of higher education, as
2-35     applicable, as prescribed by Subsection (b), Section 29.903,
2-36     Education Code, as added by this Act, as soon as practicable after
2-37     the effective date of this Act but not later than September 30,
2-38     2001.  Each initial school district identified shall enter into an
2-39     agreement with a public institution of higher education in this
2-40     state, as prescribed by Subsection (c), Section 29.903, Education
2-41     Code, as added by this Act, as soon as practicable after receiving
2-42     notice in accordance with this section but not later than December
2-43     31, 2001.  Each initial school district shall implement a plan to
2-44     increase enrollment of public school students in institutions of
2-45     higher education, as prescribed by Section 29.903, Education Code,
2-46     as added by this Act, beginning with the 2002-2003 school year.
2-47           SECTION 3.  This Act takes effect immediately if it receives
2-48     a vote of two-thirds of all the members elected to each house, as
2-49     provided by Section 39, Article III, Texas Constitution.  If this
2-50     Act does not receive the vote necessary for immediate effect, this
2-51     Act takes effect September 1, 2001.
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