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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on the automatic admission of undergraduate |
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students to general academic teaching institutions and to fees |
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charged to certain admitted students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.803 and 51.807, Education Code, are |
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amended to read as follows: |
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Sec. 51.803. AUTOMATIC ADMISSION: ALL INSTITUTIONS. |
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(a) Subject to Subsection (c), each [Each] general academic |
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teaching institution shall admit an applicant for admission to the |
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institution as an undergraduate student if the applicant graduated |
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with a grade point average in the top 10 percent of the student's |
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high school graduating class in one of the two school years |
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preceding the academic year for which the applicant is applying for |
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admission and: |
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(1) the applicant graduated from a public or private |
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high school in this state accredited by a generally recognized |
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accrediting organization or from a high school operated by the |
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United States Department of Defense; |
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(2) the applicant completed the curriculum |
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requirements established under Section 28.025 for the recommended |
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or advanced high school program, or an equivalent curriculum at a |
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high school to which that section does not apply; and |
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(3) [. To qualify for admission under this section,
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an applicant must submit an application before the expiration of
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any application filing deadline established by the institution
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and,] if the applicant graduated from a high school operated by the |
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United States Department of Defense, the applicant is [must be] a |
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Texas resident under Section 54.052 or is [be] entitled to pay |
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tuition fees at the rate provided for Texas residents under Section |
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54.058(d) for the term or semester to which admitted. |
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(b) To qualify for admission under this section, an |
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applicant must submit an application before the expiration of any |
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application filing deadline established by the institution. |
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(c) A general academic teaching institution is not required |
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to admit under Subsection (a) more than 60 percent of the |
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institution's first-time resident undergraduate students in an |
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academic year. If the number of applicants who qualify for |
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automatic admission to a general academic teaching institution |
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under Subsection (a) exceeds 60 percent of the institution's |
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enrollment capacity designated for first-time resident |
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undergraduate students, the institution may elect to offer |
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admission to those applicants as provided by this subsection and |
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not as otherwise required by Subsection (a). If the institution |
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elects to offer admission under this subsection, the institution |
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shall offer admission to those applicants by percentile rank |
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according to class standing based on grade point average, beginning |
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with the top percentile rank, until the applicants qualified under |
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Subsection (a) have been offered admission in the number estimated |
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in good faith by the institution as sufficient to fill 50 percent of |
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the institution's enrollment capacity designated for first-time |
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resident undergraduate students, except that the institution must |
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offer admission to all applicants with the same percentile rank. In |
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addition to those admissions, until applicants qualified under |
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Subsection (a) have been offered admission in the number estimated |
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in good faith by the institution as sufficient to fill 60 percent of |
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the designated enrollment capacity described by this subsection, |
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the institution shall offer to applicants qualified for automatic |
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admission under Subsection (a) admission in the same manner as |
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other applicants for admission as first-time undergraduate |
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students in accordance with Section 51.805, except that the |
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institution may not consider applicants other than those applicants |
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qualified under Subsection (a). After the applicants qualified for |
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automatic admission under Subsection (a) have been offered |
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admission under this subsection in the number estimated in good |
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faith as sufficient to fill 60 percent of the designated enrollment |
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capacity described by this subsection, the institution shall |
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consider any remaining applicants qualified for automatic |
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admission under Subsection (a) in the same manner as other |
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applicants for admission as first-time undergraduate students in |
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accordance with Section 51.805. |
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(d) Each general academic teaching institution that elects |
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to offer admission to applicants as permitted by Subsection (c) |
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shall: |
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(1) adopt a written policy to provide for recruiting |
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and retention efforts directed at underrepresented groups such as |
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racial or ethnic minority groups; and |
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(2) seek from civic and community leaders and |
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organizations input regarding the impact of this section on student |
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access to and academic success in higher education. |
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(e) Regardless of whether a general academic teaching |
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institution elects to offer admission under Subsection (c), if the |
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number of applicants who qualify for automatic admission to the |
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institution under Subsection (a) exceeds 60 percent of the |
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institution's enrollment capacity designated for first-time |
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resident undergraduate students, the institution shall provide to |
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each school district, for dissemination to high school junior-level |
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students and to the parents of those students, notice of which |
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percentile ranks of high school senior-level students are |
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anticipated by the institution to be automatically offered |
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admission under Subsection (c) during the next school year if the |
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institution elects to offer admission under that subsection. |
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(f) This subsection applies only to a university system that |
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includes more than one general academic teaching institution. |
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Notwithstanding Subsection (c), in an academic year in which a |
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component general academic teaching institution of the university |
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system elects to offer admission to applicants as provided by |
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Subsection (c), if an applicant for admission as a first-time |
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resident undergraduate student who is qualified for automatic |
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admission under Subsection (a) is not admitted to the institution |
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under this section because the institution offers admission to |
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applicants under Subsection (c) and the applicant is otherwise |
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denied admission to the institution, the university system shall: |
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(1) treat the application as an application for |
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admission to any of the system's other component general academic |
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teaching institutions that for that same academic year do not offer |
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admission to applicants as provided by Subsection (c); and |
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(2) offer the applicant admission to each of those |
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other component institutions. |
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(g) After admitting an applicant under this section, the |
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institution shall review the applicant's record and any other |
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factor the institution considers appropriate to determine whether |
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the applicant may require additional preparation for college-level |
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work or would benefit from inclusion in a retention program. The |
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institution may require a student so identified to enroll during |
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the summer immediately after the student is admitted under this |
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section to participate in appropriate enrichment courses and |
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orientation programs. This section does not prohibit a student who |
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is not determined to need additional preparation for college-level |
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work from enrolling, if the student chooses, during the summer |
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immediately after the student is admitted under this section. |
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(h) Subsection (a)(2) does not apply to an applicant who |
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graduated from a public high school that does not offer the |
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curriculum established under Section 28.025 for the recommended or |
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advanced high school program. |
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(i) An applicant who does not satisfy the curriculum |
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requirements of Subsection (a)(2) is considered to have satisfied |
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those requirements if the high school from which the student |
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graduated indicates on the student's transcript that the student |
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completed the portion of the curriculum that was available to the |
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student but was unable to complete the curriculum solely because |
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courses necessary to complete the curriculum were unavailable to |
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the student at the appropriate times in the student's high school |
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career as a result of course scheduling, lack of enrollment |
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capacity, or another cause not within the student's control. |
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(j) This section expires August 31, 2015. |
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Sec. 51.807. RULEMAKING. (a) The Texas Higher Education |
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Coordinating Board may adopt rules relating to the operation of |
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admissions programs under this subchapter, including rules |
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relating to the identification of eligible students [and the
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reporting requirements of Section 51.806]. |
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(b) The Texas Higher Education Coordinating Board in |
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consultation with the Texas Education Agency by rule shall |
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establish standards for determining for purposes of this subchapter |
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whether a person completed a high school curriculum that is |
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equivalent to the curriculum established under Section 28.025 for |
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the recommended or advanced high school program. |
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SECTION 2. Subsection (g), Section 28.025, Education Code, |
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is amended to read as follows: |
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(g) If a student, other than a student permitted to take |
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courses under the minimum high school program as provided by |
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Subsection (b), is unable to complete the recommended or advanced |
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high school program solely because necessary courses were |
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unavailable to the student at the appropriate times in the |
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student's high school career as a result of course scheduling, lack |
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of enrollment capacity, or another cause not within the student's |
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control, the school district, [shall indicate that fact] on the |
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student's transcript form described by Subsection (e), shall: |
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(1) indicate whether the student completed those |
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courses necessary to complete the program that were available to |
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the student; and |
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(2) identify those courses necessary to complete the |
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program that were unavailable to the student as a result of course |
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scheduling, lack of enrollment capacity, or another cause not |
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within the student's control. |
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SECTION 3. Section 28.026, Education Code, is amended to |
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read as follows: |
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Sec. 28.026. NOTICE OF AUTOMATIC COLLEGE ADMISSION. |
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(a) The board of trustees of a school district shall require each |
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high school in the district to post appropriate signs in each |
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counselor's office, in each principal's office, and in each |
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administrative building indicating the substance of Section 51.803 |
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regarding automatic college admission. To assist in the |
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dissemination of this information, the school district shall: |
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(1) require that each high school counselor and class |
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advisor be provided a detailed explanation of the substance of |
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Section 51.803; |
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(2) provide each district student, at the time the |
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student first registers for one or more classes required for high |
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school graduation, with a written notification of the substance of |
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Section 51.803; |
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(3) require that each high school counselor and senior |
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class advisor explain to eligible students the substance of Section |
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51.803; and |
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(4) [(3)] provide each eligible senior student under |
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Section 51.803, at the commencement of a class's senior year, with a |
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written notification of the student's eligibility with a detailed |
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explanation of the substance of Section 51.803. |
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(b) The commissioner shall adopt forms to use in providing |
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notice under Subsections (a)(2) and (4). In providing notice under |
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Subsection (a)(2) or (4), a school district shall use the |
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appropriate form adopted by the commissioner. |
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(c) The commissioner shall adopt procedures to ensure that, |
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as soon as practicable after this subsection becomes law, each |
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school district provides written notification of the substance of |
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Section 51.803, as amended by the 80th Legislature, Regular |
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Session, 2007, to each district student who, for the 2007-2008 |
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school year, registers for the first time for one or more courses |
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required for high school graduation. The commissioner may adopt |
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rules under this subsection in the manner provided by law for |
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emergency rules. Each district shall comply with the procedures |
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adopted by the commissioner under this subsection. This subsection |
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expires September 1, 2008. |
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SECTION 4. Section 51.4032, Education Code, as added by |
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Chapter 694, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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Sec. 51.4032. ANNUAL REPORT OF PARTICIPATION IN HIGHER |
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EDUCATION. Not later than December 1 [July 31] of each year and in |
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the form prescribed by the coordinating board, each general |
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academic teaching institution and medical and dental unit as |
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defined in Section 61.003 shall provide to the Texas Higher |
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Education Coordinating Board and shall publish on the institution's |
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website a report describing the composition of the institution's |
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entering class of students. The report must include a demographic |
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breakdown of the class, including a breakdown by race, ethnicity, |
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[and] economic status, and high school class standing. A report |
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submitted by a general academic teaching institution or medical and |
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dental unit as defined in Section 61.003 must include separate |
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demographic breakdowns of the students admitted under Sections |
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51.803, 51.804, and 51.805 and a description of any plans, |
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policies, or programs developed or implemented by the institution |
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to recruit and retain students from underrepresented groups such as |
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racial or ethnic minority groups. |
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SECTION 5. Subchapter D, Chapter 54, Education Code, is |
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amended by adding Section 54.202 to read as follows: |
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Sec. 54.202. TOP 10 PERCENT HIGH SCHOOL GRADUATES. |
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(a) This section applies to a person who was admitted and enrolled |
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under the automatic admission provisions of Section 51.803(c). |
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(b) Each general academic teaching institution shall exempt |
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a person to whom this section applies from the payment of tuition |
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and special course fees, lab fees, and student teaching fees. |
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(c) The exemption from tuition under Subsection (b) does not |
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apply to designated tuition charged under Section 54.0513. |
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(d) In order to continue to receive an exemption under this |
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section after the person has received an exemption under this |
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section for two or more academic years or the equivalent, a person |
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must: |
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(1) enroll for a full course load for an undergraduate |
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student, as determined by the Texas Higher Education Coordinating |
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Board, in an undergraduate degree or certificate program at a |
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general academic teaching institution; and |
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(2) have a cumulative grade point average of at least |
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2.5 on a four-point scale or the equivalent on all coursework |
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previously attempted at institutions of higher education, if the |
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person is enrolled in any academic year after the person's second |
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academic year. |
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(e) The legislature shall account in the General |
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Appropriations Act for the exemptions authorized by Subsection (b) |
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in a way that provides a corresponding increase in the general |
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revenue funds appropriated to the institution. |
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(f) The legislature may appropriate money to the Texas |
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Higher Education Coordinating Board to be used to reimburse general |
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academic teaching institutions for reducing as provided by this |
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subsection the amount of designated tuition charged under Section |
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54.0513 to persons receiving exemptions from tuition and fees under |
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Subsection (b). Based on the amount of appropriations under this |
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subsection available for each academic year, the coordinating board |
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shall estimate the amount by which the designated tuition charged |
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under Section 54.0513 to each person who receives an exemption from |
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tuition and fees under Subsection (b) in that academic year may be |
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reduced from the amount that the applicable institution would |
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otherwise charge the person. The coordinating board shall |
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distribute the amount of appropriations under this subsection |
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available for the academic year to general academic teaching |
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institutions in proportion to the number of semester credit hours |
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for which the coordinating board estimates students will receive |
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exemptions under Subsection (b) in that academic year at each |
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institution. Each general academic teaching institution that |
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receives money under this section shall reduce the amount of |
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designated tuition charged to each student who receives an |
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exemption under Subsection (b) by the amount determined by the |
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coordinating board for that academic year. |
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SECTION 6. Effective September 1, 2015, Subchapter U, |
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Chapter 51, Education Code, is amended by adding Section 51.8035 to |
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read as follows: |
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Sec. 51.8035. AUTOMATIC ADMISSION: ALL INSTITUTIONS. |
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(a) Each general academic teaching institution shall admit an |
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applicant for admission to the institution as an undergraduate |
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student if the applicant graduated with a grade point average in the |
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top 10 percent of the student's high school graduating class in one |
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of the two school years preceding the academic year for which the |
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applicant is applying for admission and the applicant graduated |
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from a public or private high school in this state accredited by a |
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generally recognized accrediting organization or from a high school |
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operated by the United States Department of Defense. To qualify for |
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admission under this section, an applicant must submit an |
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application before the expiration of any application filing |
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deadline established by the institution and, if the applicant |
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graduated from a high school operated by the United States |
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Department of Defense, must be a Texas resident under Section |
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54.052 or be entitled to pay tuition fees at the rate provided for |
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Texas residents under Section 54.058(d) for the term or semester to |
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which admitted. |
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(b) After admitting an applicant under this section, the |
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institution shall review the applicant's record and any other |
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factor the institution considers appropriate to determine whether |
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the applicant may require additional preparation for college-level |
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work or would benefit from inclusion in a retention program. The |
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institution may require a student so identified to enroll during |
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the summer immediately after the student is admitted under this |
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section to participate in appropriate enrichment courses and |
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orientation programs. This section does not prohibit a student who |
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is not determined to need additional preparation for college-level |
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work from enrolling, if the student chooses, during the summer |
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immediately after the student is admitted under this section. |
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SECTION 7. The change in law made by this Act in adding |
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Section 54.202, Education Code, applies beginning with tuition, |
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fees, and other charges for the 2008 fall semester. Tuition, fees, |
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and other charges for a term or semester before the 2008 fall |
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semester are covered by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 8. The change in law made by this Act applies |
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beginning with admissions to institutions of higher education for |
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the 2008-2009 academic year. Admissions to an institution of |
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higher education before that academic year are governed by the law |
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in effect before the effective date of this Act, and the former law |
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is continued in effect for that purpose. |
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SECTION 9. The Texas Higher Education Coordinating Board |
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shall adopt rules relating to the admission of students under |
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Section 51.803, Education Code, as amended by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2007. |