80R10084 KSD-D
 
  By: Shapiro S.B. No. 1146
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to online performance reports for public institutions of
higher education.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle A, Title 3, Education Code, is amended
by adding Chapter 51A to read as follows:
CHAPTER 51A. ONLINE PERFORMANCE REPORT CARDS FOR INSTITUTIONS OF
HIGHER EDUCATION
SUBCHAPTER A. GENERAL PROVISIONS
       Sec. 51A.001.  DEFINITIONS.  In this chapter:
             (1)  "Coordinating board" means the Texas Higher
Education Coordinating Board.
             (2)  "General academic teaching institution,"
"institution of higher education," "medical and dental unit,"
"public state college," and "public technical institute" have the
meanings assigned by Section 61.003.
       Sec. 51A.002.  GENERAL REQUIREMENTS REGARDING REPORT CARDS
FOR INSTITUTIONS OF HIGHER EDUCATION. Each institution of higher
education that is required to provide an online performance report
card under this chapter shall:
             (1)  ensure that the institution's online report card:
                   (A)  is available on the institution's Internet
website in a one-page format and is accessible through a link that
appears in a prominent place on the institutions's Internet website
homepage;
                   (B)  uses enhanced, user-friendly search
capabilities to ensure that the information required to be included
in the report card is easily accessible to the persons for whom the
report card is designed; and
                   (C)  includes a clearly identifiable link to
information on the coordinating board's website regarding the
coordinating board's higher education accountability system;
             (2)  ensure that the information provided in the report
card is accurate and up-to-date; and
             (3)  submit the report card to the coordinating board
in a form approved by the coordinating board that enables the
coordinating board to make the report card available on the
coordinating board's Internet website.
       Sec. 51A.003.  DUTIES OF COORDINATING BOARD RELATING TO
REPORT CARDS.  For purposes of this chapter, the coordinating board
shall:
             (1)  establish for each institution of higher education
to which this chapter applies a list of representative in-state and
out-of-state peer institutions; and
             (2)  maintain on the coordinating board's Internet
website:
                   (A)  the list described by Subdivision (1); and
                   (B)  each performance report card submitted to the
coordinating board by an institution of higher education under this
chapter.
[Sections 51A.004-51A.050 reserved for expansion]
SUBCHAPTER B. ONLINE PERFORMANCE REPORT CARDS FOR GENERAL ACADEMIC
TEACHING INSTITUTIONS
       Sec. 51A.051.  APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to general academic teaching institutions, other than
public state colleges.
       Sec. 51A.052.  REPORT CARD FOR LEGISLATORS AND OTHER
POLICYMAKERS.  (a)  Each institution to which this subchapter
applies shall create an online report card that is designed for use
by legislators and other interested policymakers.
       (b)  The report card required by this section must identify:
             (1)  the institutional grouping to which the
institution is assigned under the coordinating board's higher
education accountability system; and
             (2)  the institution's in-state and out-of-state peer
institutions.
       (c)  For purposes of this section, information required to be
included in the report card regarding the institution's in-state or
out-of-state peer institutions must be listed in the form of the
average of that information for those institutions unless otherwise
prescribed by coordinating board rule.
       (d)  The report card must include the following information
relating to the institution for the most recent state fiscal year,
and compare that information by percentage to the same information
for the state fiscal year preceding the most recent state fiscal
year and the state fiscal year preceding the most recent state
fiscal year by five years:
             (1)  under the heading "ENROLLMENT," the total number
of students enrolled in the institution during the fall semester;
             (2)  under the heading "COSTS," the average annual cost
of tuition and fees for a resident undergraduate student enrolled
in 30 semester credit hours:
                   (A)  at the institution; and
                   (B)  at the institution's in-state and
out-of-state peer institutions;
             (3)  under the heading "STUDENT SUCCESS":
                   (A)  the retention rate of full-time, bachelor's
degree-seeking first-time freshman students:
                         (i)  enrolled in the institution after two
academic years; and
                         (ii)  enrolled in the institution's in-state
and out-of-state peer institutions after two academic years;
                   (B)  the percentage of undergraduate students
requiring developmental education who, after six years from
entering the institution, graduated from or are still enrolled in:
                         (i)  the institution; and
                         (ii)  the institution's in-state and
out-of-state peer institutions;
                   (C)  the four-year and six-year graduation rates
of full-time bachelor's degree-seeking students:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state and
out-of-state peer institutions; and
                   (D)  the average number of years of enrollment
attempted by a student to obtain a bachelor's degree:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state and
out-of-state peer institutions;
             (4)  under the heading "FUNDING":
                   (A)  the total amount of money appropriated by the
legislature to the institution, including money appropriated for
faculty and staff health coverage and other benefits; and
                   (B)  the total amount of money from any source
available to the institution in that state fiscal year; and
             (5)  the percentage of the total amount of money
available to the institution for the state fiscal year for which
money collected by the institution from tuition and fees accounts:
                   (A)  at the institution; and
                   (B)  at in-state and out-of-state peer
institutions.
       Sec. 51A.053.  REPORT CARD FOR PROSPECTIVE STUDENTS,
PARENTS, AND MEMBERS OF THE PUBLIC.  (a) Each institution to which
this subchapter applies shall create an online performance report
card that is designed for use by prospective students of the
institution, their parents, and other interested members of the
public.
       (b)  The report card must identify:
             (1)  the institutional grouping to which the
institution is assigned under the coordinating board's higher
education accountability system; and
             (2)  the institution's in-state peer institutions.
       (c)  The report card must include the following information
relating to the most recent state fiscal year:
             (1)  under the heading "ENROLLMENT":
                   (A)  the total number of students enrolled in the
institution during the fall semester; and
                   (B)  a clearly identifiable link to the
information described by Paragraph (A) disaggregated by student
ethnicity;
             (2)  under the heading "DEGREES AWARDED":
                   (A)  the number of bachelor's degrees, number of
master's degrees, number of doctoral degrees, and number of
professional degrees awarded by the institution; and
                   (B)  a clearly identifiable link to the
information described by Paragraph (A) disaggregated by student
ethnicity;
             (3)  under the heading "COSTS":
                   (A)  the average annual cost of tuition and fees
for a resident undergraduate student enrolled in 30 semester credit
hours at the institution;
                   (B)  clearly identifiable links to information
regarding:
                         (i)  the rate or rates of tuition per
semester credit hour charged by the institution;
                         (ii)  any tuition and fee incentives offered
by the institution; and
                         (iii)  the amount and percentage by which
the institution has increased tuition for a program or course level
during the state fiscal year covered by the report card;
                   (C)  the average cost of on-campus room and board
per student; and
                   (D)  the average cost to a resident undergraduate
student enrolled in 30 semester credit hours for tuition and fees
and on-campus room and board, excluding the cost of books,
supplies, transportation, or other expenses;
             (4)  under the heading "FINANCIAL AID":
                   (A)  the percentage of students enrolled in the
institution who receive grants or scholarships;
                   (B)  the percentage of students enrolled in the
institution who receive grants, scholarships, loans, or work-study
funds;
                   (C)  the average amount of a student's grant and
scholarship package;
                   (D)  the average amount of a student's grant,
scholarship, loan, and work-study package; and
                   (E)  the percentage of undergraduate students who
graduate from the institution with education-related debt and the
average amount of education-related debt of those students;
             (5)  under the heading "ADMISSIONS":
                   (A)  the percentage of undergraduate students
whose Scholastic Assessment Test (SAT) score placed the students in
the 25th to 75th percentile of students' scores on that test
nationally;
                   (B)  the percentage of undergraduate students
whose American College Test (ACT) score placed the students in the
25th to 75th percentile of students' scores on that test
nationally; and
                   (C)  the percentage of the students who applied
for first-time freshman admission to the institution who were
offered admission to the institution;
             (6)  under the heading "INSTRUCTION":
                   (A)  the student/faculty ratio at the
institution;
                   (B)  the percentage of undergraduate classes
offered by the institution in which fewer than 20 students are
enrolled;
                   (C)  the percentage of undergraduate classes
offered by the institution in which more than 50 students are
enrolled; and
                   (D)  the percentage of faculty members of the
institution who are tenured or tenure-track;
             (7)  under the heading "BACCALAUREATE SUCCESS":
                   (A)  four-year, five-year, and six-year
graduation rates for full-time bachelor's degree-seeking students
at the institution, and links to that information disaggregated by
student ethnicity; and
                   (B)  the average number of years of enrollment
attempted by a student to obtain a bachelor's degree; and
             (8)  under the heading "FIRST-TIME LICENSURE OR
CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or
certification examination pass rates in the fields of education,
law, pharmacy, nursing, and engineering of students enrolled in the
institution or who have graduated from the institution.
[Sections 51A.054-51A.100 reserved for expansion]
SUBCHAPTER C. PERFORMANCE REPORT CARDS FOR LOWER-DIVISION
INSTITUTIONS
       Sec. 51A.101. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the following institutions of higher education:
             (1)  public junior colleges;
             (2)  public technical institutes; and
             (3)  public state colleges.
       Sec. 51A.102.  REPORT CARD FOR LEGISLATORS AND OTHER
POLICYMAKERS.  (a)  Each institution to which this subchapter
applies shall create an online performance report card for the
institution designed for use by legislators and other interested
policymakers.
       (b)  The report card must identify:
             (1)  the institutional grouping to which the
institution is assigned under the coordinating board's higher
education accountability system; and
             (2)  the institution's in-state peer institutions.
       (c)  For purposes of this section, information required to be
included in the report card regarding the institution's in-state
peer institutions must be listed in the form of the average of that
information for those institutions unless otherwise prescribed by
coordinating board rule.
       (d)  The report card must include the following information
relating to the institution for the most recent state fiscal year,
and compare that information by percentage to the same information
for the state fiscal year preceding the most recent state fiscal
year and the state fiscal year preceding the most recent state
fiscal year by five years:
             (1)  under the heading "ENROLLMENT," the total number
of students enrolled in the institution during the fall semester;
             (2)  under the heading "COSTS," the average annual cost
of tuition and fees, which for a junior college must include those
costs for an in-district and an out-of-district student, for a
student enrolled in 30 semester credit hours toward a two-year
degree or certificate:
                   (A)  at the institution; and
                   (B)  at the institution's in-state peer
institutions;
             (3)  under the heading "STUDENT SUCCESS":
                   (A)  the retention rate of full-time, associate
degree-seeking first-time freshman students:
                         (i)  enrolled in the institution after two
academic years; and
                         (ii)  enrolled in the institution's in-state
peer institutions after two academic years;
                   (B)  the percentage of undergraduate students
requiring developmental education who, after three years from
entering the institution, graduated from or are still enrolled in:
                         (i)  the institution; and
                         (ii)  the institution's in-state peer
institutions;
                   (C)  the three-year and four-year graduation
rates of full-time, associate degree-seeking students:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (D)  the percentage of students who transfer to a
general academic teaching institution or equivalent institution of
higher education:
                         (i)  from the institution; and
                         (ii)  from the institution's in-state peer
institutions; and
                   (E)  the percentage of students either employed or
enrolled in a general academic teaching institution or equivalent
institution of higher education within one year after the date of
the student's graduation from:
                         (i)  the institution; and
                         (ii)  the institution's in-state peer
institutions; and
             (4)  under the heading "FUNDING":
                   (A)  the total amount of money appropriated by the
legislature to the institution for that state fiscal year,
including money appropriated for faculty and staff health coverage
and other benefits;
                   (B)  the total amount of money from any source
available to the institution in that state fiscal year;
                   (C)  the percentage of the total revenue available
to the institution for the state fiscal year for which money
collected by the institution from tuition and fees accounts:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions; and
                   (D)  the tax rate per $100 valuation of taxable
property imposed by the junior college district, if the institution
is a public junior college.
       Sec. 51A.103.  REPORT CARD FOR PROSPECTIVE STUDENTS,
PARENTS, AND OTHER MEMBERS OF THE PUBLIC.  (a)  Each institution to
which this subchapter applies shall create an online performance
report card that is designed for use by prospective students of the
institution, their parents, and other interested members of the
public.
       (b)  The report card must identify:
             (1)  the institutional grouping to which the
institution is assigned under the coordinating board's higher
education accountability system; and
             (2)  the institution's in-state peer institutions.
       (c)  For purposes of this section, information required to be
included in the report card regarding the institution's in-state
peer institutions must be listed in the form of the average of that
information for those institutions unless otherwise prescribed by
coordinating board rule.
       (d)  The report card must include the following information
relating to the most recent state fiscal year:
             (1)  under the heading "ENROLLMENT":
                   (A)  the total number of students enrolled during
the fall semester:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions; and
                   (B)  a clearly identifiable link to information
described by Paragraph (A) disaggregated by student ethnicity;
             (2)  under the heading "DEGREES AND CERTIFICATES
AWARDED":
                   (A)  the number of degrees or certificates awarded
for each level, type, or other category of degree or certificate
specified by the coordinating board for purposes of this paragraph:
                         (i)  by the institution; and
                         (ii)  by the institution's in-state peer
institutions; and
                   (B)  a clearly identifiable link to the
information described by Paragraph (A) disaggregated by student
ethnicity;
             (3)  under the heading "COSTS," the average annual cost
of tuition and fees, which for a junior college must include those
costs for an in-district and out-of-district student, for a student
enrolled in 30 semester credit hours toward a two-year degree:
                   (A)  at the institution; and
                   (B)  at the institution's in-state peer
institutions;
             (4)  under the heading "FINANCIAL AID":
                   (A)  the percentage of students who receive grants
or scholarships:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (B)  the percentage of students who receive
grants, scholarships, loans, or work-study funds:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (C)  the average amount of a student's grant and
scholarship package:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (D)  the average amount of a student's grant,
scholarship, loan, and work-study package:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions; and
                   (E)  the percentage of students who graduated with
education-related debt and the average amount of education-related
debt of those students:
                         (i)  from the institution; and
                         (ii)  from the institution's in-state peer
institutions; and
             (5)  under the heading "STUDENT SUCCESS":
                   (A)  the retention rate of full-time, associate
degree-seeking first-time freshman students:
                         (i)  enrolled in the institution after two
academic years; and
                         (ii)  enrolled in the institution's in-state
peer institutions after two academic years;
                   (B)  the percentage of undergraduate students
requiring developmental education who, after three years from
entering the institution, have graduated from or are still enrolled
in:
                         (i)  the institution; and
                         (ii)  the institution's in-state peer
institutions;
                   (C)  the three-year and four-year graduation
rates of full-time, associate degree-seeking students:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (D)  the percentage of students who transfer to a
general academic teaching institution or equivalent institution of
higher education:
                         (i)  from the institution; and
                         (ii)  from the institution's in-state peer
institutions; and
                   (E)  the percentage of students either employed or
enrolled in a general academic teaching institution or equivalent
institution of higher education within one year after the date of
the student's graduation from:
                         (i)  the institution; and
                         (ii)  the institution's in-state peer
institutions.
[Sections 51A.104-51A.150 reserved for expansion]
SUBCHAPTER D.  ONLINE PERFORMANCE REPORT CARDS FOR MEDICAL AND
DENTAL UNITS
       Sec. 51A.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter
applies only to medical and dental units.
       Sec. 51A.152.  REPORT CARD FOR LEGISLATORS AND OTHER
POLICYMAKERS.  (a) Each institution to which this subchapter
applies shall create an online performance report card designed for
use by legislators and other interested policymakers.
       (b)  The report card must identify:
             (1)  the institutional grouping to which the
institution is assigned under the coordinating board's higher
education accountability system; and
             (2)  the institution's in-state and out-of-state peer
institutions.
       (c)  For purposes of this section, information required to be
included in the report card regarding the institution's in-state or
out-of-state peer institutions must be listed in the form of the
average of that information for those institutions unless otherwise
prescribed by coordinating board rule.
       (d)  The report card must include the following information
relating to the institution for the most recent state fiscal year,
and compare that information by percentage to the same information
for the state fiscal year preceding the most recent state fiscal
year and the state fiscal year preceding the most recent state
fiscal year by five years:
             (1)  under the heading "ENROLLMENT":
                   (A)  the total number of students enrolled in the
institution during the fall semester;
                   (B)  if applicable, the total number of students
enrolled in the institution's medical school during the fall
semester; and
                   (C)  if applicable, the total number of students
enrolled in resident programs accredited by the Accreditation
Council for Graduate Medical Education or the American Osteopathic
Association at the institution during the fall semester;
             (2)  under the heading "COSTS," the average annual cost
of tuition and fees, including those costs identified by type of
degree program if required by coordinating board rule, for a
resident, full-time student:
                   (A)  at the institution; and
                   (B)  at the institution's in-state and
out-of-state peer institutions;
             (3)  under the heading "STUDENT SUCCESS":
                   (A)  if applicable, the percentage of medical
school students who pass Part 1 or Part 2 of any examination
administered or accepted for a medical license under Subtitle B,
Title 3, Occupations Code:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state and
out-of-state peer institutions;
                   (B)  if applicable, the percentage of medical
school students who are practicing primary care in this state:
                         (i)  after graduating from the institution;
and
                         (ii)  after graduating from the
institution's in-state peer institutions;
                   (C)  the four-year and six-year graduation rates
of full-time, bachelor's degree-seeking students:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state and
out-of-state peer institutions;
                   (D)  the number of nursing degrees or allied
health degrees awarded for each level:
                         (i)  by the institution; and
                         (ii)  by the institution's in-state and
out-of-state peer institutions; and
                   (E)  the estimated total amount of the
institution's research expenditures during that state fiscal year;
and
             (4)  under the heading "FUNDING":
                   (A)  the total amount of money appropriated by the
legislature to the institution, including money appropriated for
faculty and staff health coverage and other benefits, for that
state fiscal year; and
                   (B)  the total amount of money from any source
available to the institution for that state fiscal year.
       Sec. 51A.153.  REPORT CARD FOR PROSPECTIVE STUDENTS,
PARENTS, AND OTHER MEMBERS OF THE PUBLIC.  (a)  Each institution to
which this subchapter applies shall create an online performance
report card that is designed for use by prospective students of the
institution, their parents, and other interested members of the
public.
       (b)  The report card must identify:
             (1)  the institutional grouping to which the
institution is assigned under the coordinating board's higher
education accountability system; and
             (2)  the institution's in-state and out-of-state peer
institutions.
       (c)  For purposes of this section, information required to be
included in the report card regarding the institution's in-state
peer institutions must be listed in the form of the average of that
information for those institutions unless otherwise prescribed by
coordinating board rules.
       (d)  The report card must include the following information
relating to the most recent state fiscal year:
             (1)  under the heading "ENROLLMENT," with clearly
identifiable links to the information disaggregated by student
ethnicity:
                   (A)  the total number of students enrolled in the
institution during the fall semester;
                   (B)  if applicable, the total number of students
enrolled in the institution's medical school during the fall
semester; and
                   (C)  if applicable, the total number of students
enrolled in resident programs accredited by the Accreditation
Council for Graduate Medical Education or the American Osteopathic
Association at the institution during the fall semester;
             (2)  under the heading "COSTS":
                   (A)  the average annual cost of tuition and fees,
including those costs identified by type of degree program if
required by coordinating board rule, for a resident, full-time
student at the institution;
                   (B)  clearly identifiable links to information
regarding:
                         (i)  the rate or rates of tuition per
semester credit hour charged by the institution;
                         (ii)  any tuition and fee incentives offered
by the institution; and
                         (iii)  the amount and percentage by which
the institution has increased tuition for a program or course level
during the five state fiscal years preceding the state fiscal year
covered by the report card;
                   (C)  the average cost of on-campus room and board
per student; and
                   (D)  the average cost to a resident undergraduate
student enrolled in 30 semester credit hours for tuition and fees
and on-campus room and board, excluding the cost of books,
supplies, transportation, and other expenses;
             (3)  under the heading "FINANCIAL AID":
                   (A)  the percentage of students enrolled in the
institution who receive grants or scholarships;
                   (B)  the percentage of students enrolled in the
institution who receive grants, scholarships, loans, or work-study
funds;
                   (C)  the average amount of a student's grant and
scholarship package;
                   (D)  the average amount of a student's grant,
scholarship, loan, and work-study package; and
                   (E)  the percentage of students who graduated from
the institution with education-related debt and the average
education-related debt of those students;
             (4)  under the heading "STUDENT SUCCESS":
                   (A)  if applicable, the percentage of medical
school students who pass Part 1 or Part 2 of any examination
administered or accepted for a medical license under Subtitle B,
Title 3, Occupations Code:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (B)  if applicable, the percentage of medical
school students who are practicing primary care in this state:
                         (i)  after graduating from the institution;
and
                         (ii)  after graduating from the
institution's in-state peer institutions;
                   (C)  with clearly identifiable links to the
information disaggregated by student ethnicity, the four-year and
six-year graduation rates of full-time, bachelor's degree-seeking
students:
                         (i)  at the institution; and
                         (ii)  at the institution's in-state peer
institutions;
                   (D)  the number of nursing degrees or allied
health degrees awarded for each level:
                         (i)  by the institution; and
                         (ii)  by the institution's in-state peer
institutions; and
                   (E)  the estimated total amount of the
institution's research expenditures; and
             (5)  under the heading "FIRST-TIME LICENSURE OR
CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or
certification examination pass rates in applicable fields of
students who are enrolled in or have graduated from:
                   (A)  the institution; and
                   (B)  the institution's in-state peer
institutions.
       SECTION 2.  An institution of higher education required to
create an online performance report card under Chapter 51A,
Education Code, as added by this Act, shall create the report card
and provide the report card on the institution's Internet website
not later than September 1, 2008.
       SECTION 3.  The Texas Higher Education Coordinating Board
shall establish a list of representative in-state and out-of-state
peer institutions for each institution required to create an online
performance report card and provide that list on the board's
Internet website, as required by Section 51A.003, Education Code,
as added by this Act, as soon as practicable after the effective
date of this Act.
       SECTION 4.  The Texas Higher Education Coordinating Board
shall provide on the board's Internet website the initial
performance report cards for institutions of higher education as
required by Section 51A.003, Education Code, as added by this Act,
as soon as practicable after receiving the initial report cards
from those institutions of higher education.
       SECTION 5.  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, 2007.