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A BILL TO BE ENTITLED
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AN ACT
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relating to performance incentive funding for institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 61, Education Code, is amended by adding |
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Subchapter EE to read as follows: |
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SUBCHAPTER EE. PERFORMANCE INCENTIVE FUNDING |
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Sec. 61.9801. PERFORMANCE INCENTIVE FUNDING FOR CERTAIN |
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GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) This section applies |
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only to general academic teaching institutions other than public |
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state colleges. |
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(b) In this section: |
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(1) "Advanced degree" means a graduate or professional |
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degree for which a baccalaureate degree is usually required as a |
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prerequisite to admission into the degree program. |
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(2) "At-risk student" means a student of an |
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institution to which this section applies: |
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(A) whose score on the Scholastic Assessment Test |
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or the American College Test is less than the national mean score of |
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students' scores on that test; |
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(B) who has been awarded a grant under the |
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federal Pell Grant program; |
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(C) who was 20 years of age or older but younger |
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than 60 years of age on the date the student initially enrolled in |
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the institution; |
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(D) who initially enrolled in the institution for |
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less than 12 semester credit hours during a fall or spring semester; |
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(E) who did not receive a high school diploma but |
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received a high school equivalency certificate; |
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(F) who may not be claimed by any other person as |
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a dependent for federal income tax purposes but may claim at least |
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one other person as a dependent for federal income tax purposes; or |
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(G) who is a single parent. |
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(3) "Critical field" means a field of study designated |
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as a critical field under Subsection (c). |
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(4) "Major field test": |
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(A) means an examination or other assessment that |
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is: |
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(i) designed to measure the basic knowledge |
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and understanding achieved by a student in a major field of study; |
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and |
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(ii) approved by the board for purposes of |
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this section; and |
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(B) includes any examination required for the |
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issuance of a professional or occupational license directly related |
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to the student's field of study. |
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(c) Except as otherwise provided under Subdivision (2), the |
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fields of engineering, computer science, mathematics, physical |
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science, allied health, nursing, and teaching certification in the |
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field of science or mathematics are critical fields. Beginning |
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September 1, 2010, the board, based on the board's determination of |
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those fields of study in which the support and development of |
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postsecondary education programs at the bachelor's degree or |
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advanced degree level are most critically necessary for serving the |
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needs of this state, by rule may: |
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(1) designate as a critical field a field of study that |
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is not currently designated by this subsection or by the board as a |
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critical field; or |
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(2) remove a field of study from the list of fields |
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currently designated by this subsection or by the board as critical |
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fields. |
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(d) For purposes of this section, a student's assessment |
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score percentage on a major field test is computed by dividing a |
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student's score on the test by: |
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(1) the national average of students' scores on that |
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test; or |
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(2) the statewide average of students' scores on that |
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test if the test is not administered nationally. |
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(e) For each state fiscal year, the board shall distribute |
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any performance incentive funds appropriated by the legislature for |
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the purposes of this section, and any other funds made available for |
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the purposes of this section, to institutions to which this section |
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applies in proportion to the number of points assigned to each |
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institution under the tables prescribed by Subsections (g) and (h). |
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(f) A number of points is assigned in accordance with |
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Subsections (g) and (h) only on the basis of a degree awarded or a |
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performance on a major field test taken during the state fiscal year |
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preceding the year for which the distribution of funds under this |
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section is made. Points may not be assigned for any degree awarded |
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to an international student. |
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(g) A number of points is assigned for a bachelor's degree |
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awarded to a student by an institution to which this section applies |
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based on the student's performance on a major field assessment and |
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determined according to the following table: |
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| ASSESSMENT |
NON-CRITICAL FIELD/NOT AT-RISK |
NON-CRITICAL FIELD/ AT-RISK |
CRITICAL FIELD/NOT AT-RISK |
CRITICAL FIELD/ AT-RISK |
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| SCORE |
NON-CRITICAL FIELD/NOT AT-RISK |
NON-CRITICAL FIELD/ AT-RISK |
CRITICAL FIELD/NOT AT-RISK |
CRITICAL FIELD/ AT-RISK |
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| PERCENTAGE |
NON-CRITICAL FIELD/NOT AT-RISK |
NON-CRITICAL FIELD/ AT-RISK |
CRITICAL FIELD/NOT AT-RISK |
CRITICAL FIELD/ AT-RISK |
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| 100%-109% |
1.3 |
2.3 |
2.3 |
3.3 |
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| 110%-119% |
1.4 |
2.4 |
2.4 |
3.4 |
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| 120%-129% |
1.5 |
2.5 |
2.5 |
3.5 |
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| Above 129% |
1.6 |
2.6 |
2.6 |
3.6 |
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(h) A number of points is assigned for an advanced degree |
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awarded to a student by an institution to which this section applies |
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based on the type of advanced degree awarded and determined |
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according to the following table: |
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| TYPE OF DEGREE AWARDED |
POINTS |
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Sec. 61.9802. PERFORMANCE INCENTIVE FUNDING FOR COMMUNITY |
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COLLEGES, PUBLIC TECHNICAL INSTITUTES, AND PUBLIC STATE COLLEGES. |
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(a) This section applies only to the following institutions of |
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higher education: |
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(1) community colleges; |
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(2) public state technical institutes; and |
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(3) public state colleges. |
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(b) In this section: |
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(1) "At-risk student" means a student of an |
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institution to which this section applies: |
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(A) who graduated from high school with a |
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cumulative grade point average of less than 2.5 on the grading scale |
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established by the board by rule under Section 51.807; |
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(B) who has been awarded a grant under the |
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federal Pell Grant program; |
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(C) who was 20 years of age or older but younger |
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than 60 years of age on the date the student enrolled in the |
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institution for the first time; |
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(D) who initially enrolled in the institution for |
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less than 12 semester credit hours during a fall or spring semester; |
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(E) who did not receive a high school diploma but |
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received a high school equivalency certificate; |
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(F) who may not be claimed by any other person as |
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a dependent for federal income tax purposes but may claim at least |
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one other person as a dependent for federal income tax purposes; or |
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(G) who is a single parent. |
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(2) "Critical field" means a field of study designated |
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as a critical field under Subsection (c). |
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(3) "General education test" means a test designated |
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as a general education test under Subsection (d). |
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(c) Except as otherwise provided under Subdivision (2), the |
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fields of engineering, technology, computer science, mathematics, |
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physical science, allied health, and nursing are critical fields. |
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Beginning September 1, 2010, the board, based on the board's |
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determination of those fields of study in which the support and |
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development of postsecondary education programs at the |
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lower-division level are most critically necessary for serving the |
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needs of this state, by rule may: |
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(1) designate as a critical field a field of study that |
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is not currently designated by this subsection or by the board as a |
|
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critical field; or |
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(2) remove a field of study from the list of fields |
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currently designated by this subsection or by the board as critical |
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fields. |
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(d) Except as otherwise provided under Subdivision (2), the |
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Measure of Academic Proficiency and Progress developed by the |
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Education Testing Network Service, the California Critical |
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Thinking and Skills Test, the College Basic Academic Subjects |
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Examination developed by the Assessment Resource Center of the |
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University of Missouri-Columbia, the Collegiate Assessment of |
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Academic Proficiency, WorkKeys, and an examination required for the |
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issuance of a professional or occupational license are general |
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education tests. The board, based on the board's determination of |
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those tests that adequately reflect a lower-division student's |
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general education knowledge and skills, by rule may: |
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(1) designate as a general education test a test or |
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other assessment instrument that is not currently designated by |
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this subsection or by the board as a general education test; or |
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(2) after September 1, 2010, remove a test or other |
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assessment instrument from the list of tests and assessment |
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instruments currently designated by this subsection or by the board |
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as general education tests. |
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(e) For purposes of this section, a student's assessment |
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score percentage on a general education test is computed by |
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dividing a student's score on the test by: |
|
|
(1) the national average of students' scores on that |
|
|
test; or |
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(2) the statewide average of students' scores on that |
|
|
test if the test is not administered nationally. |
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(f) For each state fiscal year, the board shall distribute |
|
|
any performance incentive funds appropriated by the legislature for |
|
|
the purposes of this section, and any other funds made available for |
|
|
the purposes of this section, to institutions to which this section |
|
|
applies in proportion to the number of points assigned to each |
|
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institution under the tables prescribed by Subsections (h) and (i). |
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(g) A number of points is assigned in accordance with |
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Subsections (h) and (i) only on the basis of a degree or certificate |
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awarded, a performance on a general education test taken, or a |
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student transfer made during the state fiscal year preceding the |
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year for which the distribution of funds under this section is made. |
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Points may not be assigned for any degree or certificate awarded: |
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(1) in a program on a topic or at a level that the board |
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determines does not merit funding under this section; or |
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(2) to an international student. |
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(h) A number of points is assigned for an associate's degree |
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or certificate awarded to a student by an institution to which this |
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section applies based on the student's performance on a general |
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education test and determined according to the following tables: |
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TABLE 1 |
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| ASSESSMENT |
CERTIFICATE PROGRAM/ NON-CRITICAL FIELD/NOT AT-RISK |
CERTIFICATE PROGRAM/ NON-CRITICAL FIELD/ AT-RISK |
CERTIFICATE PROGRAM/ CRITICAL FIELD/NOT AT-RISK |
CERTIFICATE PROGRAM/ CRITICAL FIELD/ AT-RISK |
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| SCORE |
CERTIFICATE PROGRAM/ NON-CRITICAL FIELD/NOT AT-RISK |
CERTIFICATE PROGRAM/ NON-CRITICAL FIELD/ AT-RISK |
CERTIFICATE PROGRAM/ CRITICAL FIELD/NOT AT-RISK |
CERTIFICATE PROGRAM/ CRITICAL FIELD/ AT-RISK |
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| PERCENTAGE |
CERTIFICATE PROGRAM/ NON-CRITICAL FIELD/NOT AT-RISK |
CERTIFICATE PROGRAM/ NON-CRITICAL FIELD/ AT-RISK |
CERTIFICATE PROGRAM/ CRITICAL FIELD/NOT AT-RISK |
CERTIFICATE PROGRAM/ CRITICAL FIELD/ AT-RISK |
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| 100%-109% |
1.3 |
2.3 |
2.3 |
3.3 |
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| 110%-119% |
1.4 |
2.4 |
2.4 |
3.4 |
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| 120%-129% |
1.5 |
2.5 |
2.5 |
3.5 |
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| Above 129% |
1.6 |
2.6 |
2.6 |
3.6 |
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| ASSESSMENT |
ASSOCIATE'S DEGREE/ NON-CRITICAL FIELD/NOT AT-RISK |
ASSOCIATE'S DEGREE/ NON-CRITICAL FIELD/ AT-RISK |
ASSOCIATE'S DEGREE/ CRITICAL FIELD/NOT AT-RISK |
ASSOCIATE'S DEGREE/ CRITICAL FIELD/ AT-RISK |
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| SCORE |
ASSOCIATE'S DEGREE/ NON-CRITICAL FIELD/NOT AT-RISK |
ASSOCIATE'S DEGREE/ NON-CRITICAL FIELD/ AT-RISK |
ASSOCIATE'S DEGREE/ CRITICAL FIELD/NOT AT-RISK |
ASSOCIATE'S DEGREE/ CRITICAL FIELD/ AT-RISK |
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| PERCENTAGE |
ASSOCIATE'S DEGREE/ NON-CRITICAL FIELD/NOT AT-RISK |
ASSOCIATE'S DEGREE/ NON-CRITICAL FIELD/ AT-RISK |
ASSOCIATE'S DEGREE/ CRITICAL FIELD/NOT AT-RISK |
ASSOCIATE'S DEGREE/ CRITICAL FIELD/ AT-RISK |
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| 100%-109% |
2.3 |
4.3 |
4.3 |
6.3 |
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| 110%-119% |
2.4 |
4.4 |
4.4 |
6.4 |
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| 120%-129% |
2.5 |
4.5 |
4.5 |
6.5 |
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| Above 129% |
2.6 |
4.6 |
4.6 |
6.6 |
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(i) A number of points is assigned to an institution to |
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which this section applies for each student of the institution who, |
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in the preceding state fiscal year, completed at least 30 semester |
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credit hours at the institution with a grade point average of at |
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least 2.5 on the grading scale established by the board under |
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Section 51.807 before transferring to a general academic teaching |
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institution other than a public state college and determined |
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according to the following table: |
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POINTS PER TRANSFER STUDENT |
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Sec. 61.9803. PERFORMANCE INCENTIVE FUNDING FOR MEDICAL AND |
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DENTAL UNITS. (a) This section applies only to medical and dental |
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units. |
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(b) In this section, "licensing examination" means an |
|
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examination required for the issuance of a professional or |
|
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occupational license, except that in regard to an examination |
|
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required for a medical license, the term applies only to the first |
|
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two sittings by a student for any examination administered or |
|
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accepted for that purpose under Subtitle B, Title 3, Occupations |
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Code. |
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(c) For purposes of this section, a student's licensing |
|
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examination percentage is computed by dividing a student's score on |
|
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the examination by: |
|
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(1) the national average of students' scores on that |
|
|
examination; or |
|
|
(2) the statewide average of students' scores on that |
|
|
examination if the examination is not administered nationally. |
|
|
(d) For each state fiscal year, the board shall distribute |
|
|
any performance incentive funds appropriated by the legislature for |
|
|
the purposes of this section, and any other funds made available for |
|
|
the purposes of this section, to institutions to which this section |
|
|
applies in proportion to the number of points assigned to each |
|
|
institution under the tables prescribed by Subsections (f) and (g). |
|
|
(e) A number of points is assigned in accordance with |
|
|
Subsections (f) and (g) only on the basis of a degree awarded, a |
|
|
first-year residency completed, or a performance on a licensing |
|
|
examination taken during the state fiscal year preceding the year |
|
|
for which the distribution of funds under this section is made. |
|
|
Points may not be assigned for any degree awarded to an |
|
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international student. |
|
|
(f) A number of points is assigned for a bachelor's degree |
|
|
in an allied health field or nursing or a professional degree |
|
|
awarded to a student by an institution to which this section applies |
|
|
based on the student's performance on a licensing examination and |
|
|
determined according to the following table: |
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| LICENSING |
ALLIED HEALTH OR NURSING BACHELOR'S DEGREE |
PROFESSIONAL DEGREE |
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| EXAMINATION |
ALLIED HEALTH OR NURSING BACHELOR'S DEGREE |
PROFESSIONAL DEGREE |
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| PERCENTAGE |
ALLIED HEALTH OR NURSING BACHELOR'S DEGREE |
PROFESSIONAL DEGREE |
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(g) A number of points is assigned for a degree awarded to a |
|
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student by an institution to which this section applies, other than |
|
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a bachelor's degree in an allied health field or nursing, based on |
|
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the type of degree awarded and determined according to the |
|
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following table: |
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| TYPE OF DEGREE |
POINTS PER DEGREE |
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| Bachelor's, other than Allied |
1.0 |
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| First-Year Completed Residency |
1.0 |
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Sec. 61.9804. RULES. The board shall adopt rules for the |
|
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administration of this subchapter. |
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Sec. 61.9805. REPORT BY INSTITUTIONS TO BOARD. Not later |
|
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than September 1 of each year, each institution of higher education |
|
|
shall compile and submit to the board, in accordance with rules |
|
|
adopted by the board, a report that includes the following data |
|
|
regarding each student who was awarded a degree or certificate by |
|
|
the institution, completed a first-year residency with the |
|
|
institution, or transferred from the institution to a general |
|
|
academic teaching institution other than a public state college, |
|
|
during the preceding state fiscal year: |
|
|
(1) the student's scores on the Scholastic Assessment |
|
|
Test and American College Test; |
|
|
(2) the number of semester credit hours completed by |
|
|
the student at the institution; |
|
|
(3) the student's grade point average on all |
|
|
coursework completed at the institution using the grading scale |
|
|
established by the board by rule under Section 51.807; |
|
|
(4) whether the student received a grant under the |
|
|
federal Pell Grant program; |
|
|
(5) the age of the student on the date the student |
|
|
initially enrolled in the institution; |
|
|
(6) whether the student initially enrolled in the |
|
|
institution for less than 12 semester credit hours during a fall or |
|
|
spring semester; |
|
|
(7) whether the student is an international student; |
|
|
(8) whether any degree awarded to the student by the |
|
|
institution is in a field designated as a critical field under |
|
|
Section 61.9801 or Section 61.9802; |
|
|
(9) the student's score on any major field test, as |
|
|
defined by Section 61.9801, or general education test, as defined |
|
|
by Section 61.9802, taken by the student; |
|
|
(10) the national average of students' scores on each |
|
|
test described by Subdivision (9) or the statewide average of |
|
|
students' scores on that test if the test is not administered |
|
|
nationally; and |
|
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(11) any other information required by the board. |
|
|
Sec. 61.9806. PASSING SCORE ON MAJOR FIELD TEST OR GENERAL |
|
|
EDUCATION TEST NOT REQUIRED FOR GRADUATION. This subchapter does |
|
|
not require any student to receive a passing score on a major field |
|
|
test, as defined by Section 61.9801, or a general education test, as |
|
|
defined by Section 61.9802, as a prerequisite to graduating from an |
|
|
institution of higher education. |
|
|
Sec. 61.9807. PAYMENT BY INSTITUTION OF COST OF MAJOR FIELD |
|
|
TEST OR GENERAL EDUCATION TEST. An institution of higher education |
|
|
that administers a major field test as defined by Section 61.9801, |
|
|
or a general education test as defined by Section 61.9802, to a |
|
|
student for purposes of this subchapter shall pay for the cost of |
|
|
the test, unless the test is an examination required for the |
|
|
issuance of a professional or occupational license. |
|
|
Sec. 61.9808. REPORT OF GRE, GMAT, LSAT, OR MCAT SCORE TO |
|
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INSTITUTIONS BY ADMINISTERING ENTITY. (a) An entity that |
|
|
administers to a person in this state a Graduate Record Examination |
|
|
(GRE), the Graduate Management Admissions Test (GMAT), the Law |
|
|
School Admissions Test (LSAT), or the Medical College Admission |
|
|
Test (MCAT) shall report the person's score on the examination to: |
|
|
(1) any institution of higher education in which the |
|
|
person is enrolled on the date the person registered for the |
|
|
examination; and |
|
|
(2) any institution of higher education from which the |
|
|
person has been awarded a degree or certificate. |
|
|
(b) For purposes of this section, a person who registers for |
|
|
an examination described by Subsection (a) in this state shall |
|
|
report to the entity administering the examination at the time of |
|
|
the person's registration the name of any institution of higher |
|
|
education: |
|
|
(1) in which the person is enrolled on the date of the |
|
|
person's registration; or |
|
|
(2) from which the person has been awarded a degree or |
|
|
certificate. |
|
|
(c) The board shall prescribe procedures and take other |
|
|
actions the board considers appropriate to promote compliance with |
|
|
this section. |
|
|
Sec. 61.9809. REPORT OF GRE, GMAT, LSAT, OR MCAT SCORES ON |
|
|
TRANSCRIPTS BY INSTITUTIONS. An institution of higher education |
|
|
that receives an examination score for a student or graduate of the |
|
|
institution on an examination under Section 61.9808 shall include |
|
|
the student's score on the student's transcript. |
|
|
Sec. 61.9810. REPORT TO BOARD AND LEGISLATURE BY EDUCATION |
|
|
RESEARCH CENTER REGARDING EVALUATION OF POINT ASSIGNMENTS. Each |
|
|
state fiscal biennium, the board shall provide for the evaluation |
|
|
by an education research center established under Section 1.005 of |
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the points assigned under Sections 61.9801, 61.9802, and 61.9803. |
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Not later than November 1 of each even-numbered year, the education |
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research center shall submit to the board and the legislature a |
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written report regarding the center's evaluation under this |
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section, including any recommendations for changes to the points |
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assigned under those sections. |
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SECTION 2. Section 61.0591, Education Code, is repealed. |
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SECTION 3. The Texas Higher Education Coordinating Board |
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shall adopt rules relating to the administration of Subchapter EE, |
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Chapter 61, Education Code, as added by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 4. Sections 61.9808 and 61.9809, Education Code, as |
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added by this Act, apply only to an examination score of a person |
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who registers for the examination on or after the effective date of |
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this Act. An examination score of a person who registers for the |
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examination before the effective date of this Act is covered by the |
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law in effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2008. |