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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2333

79R6229 JRJ-F                                                                                                  By: Morrison (West)

                                                                                                                    S/C on Higher Education

                                                                                                                                            5/13/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Numerous states require the owners or administrators of private career schools and colleges to obtain continuing education credits approved by a regulatory oversight agency.  Continuing education requirements will strengthen the sector.  Policymakers win because they are improving the quality of private, career school education in the state.  Private career school owners and directors benefit with a heightened awareness of the federal and state requirements for issues like Title IV funding, attendance requirements, and private career school jurisprudence and ethics. 

 

H.B. 2333, modeled after a successful program in Florida, requires certain qualifications, training, and continuing education for certain career school and college officials and personnel.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Workforce Commission in SECTION 1 (Section 132.0551, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter C, Chapter 132, Education Code, by adding Section 132.0551, as follows:

 

Sec. 132.0551.  QUALIFICATIONS, TRAINING, AND CONTINUING EDUCATION REQUIRED.  (a)  Requires each director of admissions and each full-time instructor employed by a career school or college to meet the minimum qualifications and training requirements established by Texas Workforce Commission (commission) rule.

 

(b)  Requires the chief administrative officer of or an owner with supervisory authority over a career school or college to meet the minimum qualification and training requirements established by commission rule.

 

(c)  Requires the commission to require a person described by Subsection (a) or (b) to complete not less than six hours each year of continuing education applicable to the position.

 

(d)  Requires the commission by rule to establish the minimum qualifications and training requirements and continuing education requirements for each position to which this section applies.

 

(e)  Requires the commission, in accordance with the rules adopted for that purpose, to approve appropriate entities that the commission determines are qualified to provide the continuing education or training courses required by this section.  Requires the commission, in approving an entity under this subsection, to consider the entity's ability to offer a certain curriculum. 

 

(f)  Requires each career school or college to maintain records of any continuing education or training received by school or college officials or personnel and to make the records available for inspection during regular business hours on the premises of the school.  Requires the records to indicate for which position the continuing education or training was received.

 

(g)  Provides that Subsections (a), (b), and (c) do not apply to a person before September 1, 2006.  Requires the commission by rule to prescribe procedures by which a person described by Subsection (a) or (b) who is employed by a career school or college before that date may meet the requirements of the applicable subsection before that date.  Provides that this subsection expires January 1, 2007.

 

SECTION 2.  Amends Section 132.056, Education Code, by adding Subsection (g), to authorize the commission, before it issues a certificate of approval or a renewal certificate of approval under this section, to require a career school or college to comply with the requirements of Section 132.0551 and to submit evidence of that compliance to the commission.

 

SECTION 3.  Effective date: September 1, 2005.