S.B. 1128 78(R) BILL ANALYSIS S.B. 1128 By: Bivins Higher Education Committee Report (Unamended) BACKGROUND AND PURPOSE The Joint Admission Medical Program (JAMP) was created during the 77th Texas Legislature, and there were some oversights in creating JAMP. As proposed, S.B. 1128 requires the JAMP Council to establish procedures to select and work with JAMP alternates, establishes the applicants' JAMP-related records as confidential, and provides that meetings dealing with such records, or other personal information of the applicants, are not subject to the Open Meetings Act. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Joint Admission Medical Program Council in SECTION 4 (Section 51.826, Education Code) of this bill. ANALYSIS SECTION 1. Amends Section 51.821(5), Education Code, to redefine "participating student." SECTION 2. Amends Sections 51.824(a) and (d), Education Code, as follows: (a) Requires the Joint Admission Medical Program Council (council) to evaluate applications for admission to the Joint Admission Medical Program (program) according to the procedures for selecting participating students under Subsection (b) and for selecting program alternates under Section 51.8245. Deletes text referring to selection requirements. Makes conforming changes. (d) Makes conforming changes. SECTION 3. Amends Chapter 51V, Education Code, by adding Sections 51.8245 and 51.8246, as follows: Sec. 51.8245. PROGRAM ALTERNATES. (a) Requires the council to establish selection procedures to select an appropriate number of eligible undergraduate students, from the annual pool of applicants, to serve as program alternates until the beginning of their senior year. Requires the council to rank the program alternates according to their qualifications and, immediately upon termination of a previously admitted program student, to select the highest ranking alternate to become a participating student in the program. Prohibits the council from selecting an alternate to participate in the program after the first day of the fall semester of the alternate's senior year. (b) Requires the council to establish procedures to match program alternates to any required undergraduate mentoring program, as described by Section 51.824(d) (Council Duties), Education Code. Limits a program alternate to participating in mentoring activities and receiving other related counseling services under the program; requires the alternate to sign an agreement to that effect. (c) Requires the council to adopt eligibility maintenance criteria for program alternates. Sec. 51.8246. CONFIDENTIAL RECORDS AND PROCEEDINGS. (a) Provides that student education records created or considered under the program are confidential and are authorized for release only in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). (b) Provides that a meeting, or portion of a meeting, of the council at which the education records; other personal information of individual students; or the evaluation, eligibility, admission, or selection of individual students are discussed, is not open to the public under Chapter 551 (Open Meetings), Government Code. SECTION 4. Amends Section 51.826, Education Code, as follows: Sec. 51.826. ELIGIBILITY FOR ADMISSION TO PROGRAM. (a) Includes an exception as provided by Subsection (c). Makes a conforming change. (b) No changes to this subsection. (c) Requires the council to adopt rules for admission to the program and to select a program alternate. Prohibits the council from admitting, or selecting as an alternate for the program, an undergraduate student who has successfully completed fewer than nine semester credit hours. SECTION 5. Amends Section 51.829(a), Education Code, to make a conforming change. SECTION 6. Amends Section 51.830, Education Code, to make a conforming change. SECTION 7. Amends Section 51.831, Education Code, to make a conforming change. SECTION 8. (a) Makes application of the changes made to Subchapter V, Chapter 51, Education Code, as amended by this Act prospective. (b) Requires the council to establish procedures and adopt rules regarding the selection of program alternates and participating students, as required by Chapter 51V, Education Code, as amended by this Act, not later than November 1, 2003. SECTION 9. Effective date: upon passage or September 1, 2003. EFFECTIVE DATE This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.