| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to performance incentive funding for public institutions |
|
|
of higher education and to recognition of certain student |
|
|
achievement on degree completion. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 61, Education Code, is amended by adding |
|
|
Subchapter FF to read as follows: |
|
|
SUBCHAPTER FF. PERFORMANCE INCENTIVE FUNDING |
|
|
Sec. 61.9801. PERFORMANCE INCENTIVE FUNDING FOR CERTAIN |
|
|
GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) This section applies |
|
|
only to general academic teaching institutions other than public |
|
|
state colleges. |
|
|
(b) In this section: |
|
|
(1) "Advanced degree" means a graduate or professional |
|
|
degree for which a baccalaureate degree is usually required as a |
|
|
prerequisite to admission into the degree program. |
|
|
(2) "At-risk student" means an undergraduate student |
|
|
of an institution to which this section applies: |
|
|
(A) whose score on the Scholastic Assessment Test |
|
|
(SAT) or the American College Test (ACT) is less than the national |
|
|
mean score of students' scores on that test; |
|
|
(B) who has been awarded a grant under the |
|
|
federal Pell Grant program; |
|
|
(C) who was 20 years of age or older on the date |
|
|
the student initially enrolled in the institution; |
|
|
(D) who initially enrolled in the institution for |
|
|
less than 12 semester credit hours during a fall or spring semester; |
|
|
(E) who did not receive a high school diploma but |
|
|
received a high school equivalency certificate; |
|
|
(F) who may not be claimed by any other person as |
|
|
a dependent for federal income tax purposes but may claim at least |
|
|
one other person as a dependent for federal income tax purposes; or |
|
|
(G) who is a single parent. |
|
|
(3) "Critical field" means a field of study designated |
|
|
as a critical field under Subsection (c). |
|
|
(c) Except as otherwise provided under Subdivision (2), the |
|
|
fields of engineering, computer science, mathematics, physical |
|
|
science, allied health, nursing, and teaching certification in the |
|
|
field of science or mathematics are critical fields. Beginning |
|
|
September 1, 2011, the board, based on the board's determination of |
|
|
those fields of study in which the support and development of |
|
|
postsecondary education programs at the bachelor's degree or |
|
|
advanced degree level are most critically necessary for serving the |
|
|
needs of this state, by rule may: |
|
|
(1) designate as a critical field a field of study that |
|
|
is not currently designated by this subsection or by the board as a |
|
|
critical field; or |
|
|
(2) remove a field of study from the list of fields |
|
|
currently designated by this subsection or by the board as critical |
|
|
fields. |
|
|
(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 as follows: |
|
|
(1) 50 percent in proportion to the increase, if any, |
|
|
in the average number of degrees awarded annually by each |
|
|
institution in the two most recent fiscal years from the average |
|
|
number of degrees awarded annually by that institution in the two |
|
|
fiscal years immediately preceding those fiscal years, using the |
|
|
weights assigned to each degree under the table prescribed by |
|
|
Subsection (e); and |
|
|
(2) the remaining 50 percent in proportion to the |
|
|
average number of degrees awarded annually by each institution in |
|
|
the three most recent fiscal years, using the weights assigned to |
|
|
each degree under the table prescribed by Subsection (e). |
|
|
(e) A number of points is assigned for each degree awarded |
|
|
by an eligible institution, other than a degree awarded to an |
|
|
international student, according to the following table: |
|
|
|
|
|
| Noncritical Field/Not At-Risk Student |
|
1.0 |
|
|
|
|
| Noncritical Field/At-Risk Student |
|
2.0 |
|
|
|
|
| Critical Field/Not At-Risk Student |
|
2.0 |
|
|
|
|
| Critical Field/At-Risk Student |
|
3.0 |
|
|
|
|
Sec. 61.9802. PERFORMANCE INCENTIVE FUNDING FOR PUBLIC |
|
|
JUNIOR COLLEGES, PUBLIC TECHNICAL INSTITUTES, AND PUBLIC STATE |
|
|
COLLEGES. (a) This section applies only to the following |
|
|
institutions of higher education: |
|
|
(1) public junior colleges; |
|
|
(2) public technical institutes; and |
|
|
(3) public state colleges. |
|
|
(b) In this section: |
|
|
(1) "At-risk student" means a student of an |
|
|
institution to which this section applies: |
|
|
(A) who graduated from high school with a |
|
|
cumulative grade point average of less than 2.5 on a four-point |
|
|
scale or the equivalent; |
|
|
(B) who has been awarded a grant under the |
|
|
federal Pell Grant program; |
|
|
(C) who was 20 years of age or older on the date |
|
|
the student enrolled in the institution for the first time; |
|
|
(D) who initially enrolled in the institution for |
|
|
less than 12 semester credit hours during a fall or spring semester; |
|
|
(E) who did not receive a high school diploma but |
|
|
received a high school equivalency certificate; |
|
|
(F) who may not be claimed by any other person as |
|
|
a dependent for federal income tax purposes but may claim at least |
|
|
one other person as a dependent for federal income tax purposes; or |
|
|
(G) who is a single parent. |
|
|
(2) "Critical field" means a field of study designated |
|
|
as a critical field under Subsection (c). |
|
|
(c) Except as otherwise provided under Subdivision (2), the |
|
|
fields of engineering technology, computer science, mathematics, |
|
|
physical science, allied health, and nursing are critical fields. |
|
|
Beginning September 1, 2011, the board, based on the board's |
|
|
determination of those fields of study in which the support and |
|
|
development of postsecondary education programs at the |
|
|
lower-division level are most critically necessary for serving the |
|
|
needs of this state, by rule may: |
|
|
(1) designate as a critical field a field of study that |
|
|
is not currently designated by this subsection or by the board as a |
|
|
critical field; or |
|
|
(2) remove a field of study from the list of fields |
|
|
currently designated by this subsection or by the board as critical |
|
|
fields. |
|
|
(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 as follows: |
|
|
(1) 50 percent in proportion to the increase, if any, |
|
|
in the average number of student transfers described by Subsection |
|
|
(g) from each institution that occur each year plus the average |
|
|
number of degrees and certificates awarded annually by the |
|
|
institution in the two most recent fiscal years from the average |
|
|
number of student transfers described by Subsection (g) from the |
|
|
institution that occur each year plus the average number of degrees |
|
|
and certificates awarded annually by the institution in the two |
|
|
fiscal years immediately preceding those fiscal years, using the |
|
|
weights assigned to each student transfer or degree or certificate |
|
|
under the table prescribed by Subsection (h); and |
|
|
(2) the remaining 50 percent in proportion to the |
|
|
average number of student transfers described by Subsection (g) |
|
|
from each institution that occur each year plus the average number |
|
|
of degrees and certificates awarded annually by the institution in |
|
|
the three most recent fiscal years, using the weights assigned to |
|
|
each student transfer or degree or certificate under the table |
|
|
prescribed by Subsection (h). |
|
|
(e) Points may not be assigned under Subsection (h) for any: |
|
|
(1) certificate awarded in a Level 1 certificate |
|
|
program that the board determines does not merit funding under this |
|
|
section; or |
|
|
(2) degree or certificate awarded to an international |
|
|
student. |
|
|
(f) Points may not be assigned under Subsection (h) for both |
|
|
a student's certificate or degree and the student's transfer. |
|
|
Points must be assigned for the student only in the category under |
|
|
Subsection (h) in which the highest number of points will be |
|
|
assigned for the student. |
|
|
(g) Points may be assigned for a student transfer under |
|
|
Subsection (h) only for a student of the institution who completed |
|
|
at least 30 but not more than 70 semester credit hours at the |
|
|
institution with a grade point average of at least 2.5 on a |
|
|
four-point scale or the equivalent before transferring to a general |
|
|
academic teaching institution other than a public state college. |
|
|
(h) A number of points is assigned for each degree awarded |
|
|
or student transfer by an eligible institution according to the |
|
|
following table: |
|
|
|
|
|
| Level 1 Certificate/Noncritical Field/Not |
|
1.0 |
|
|
|
|
|
|
|
| Level 1 Certificate/Noncritical |
|
1.5 |
|
|
|
|
| Field/At-Risk Student |
|
1.5 |
|
|
|
|
| Level 1 Certificate/Critical Field/Not |
|
1.5 |
|
|
|
|
|
|
|
| Level 1 Certificate/Critical Field/At-Risk |
|
2.0 |
|
|
|
|
|
|
|
| Level 2 Certificate/Noncritical Field/Not |
|
1.5 |
|
|
|
|
|
|
|
| Level 2 Certificate/Noncritical |
|
2.0 |
|
|
|
|
| Field/At-Risk Student |
|
2.0 |
|
|
|
|
| Level 2 Certificate/Critical Field/Not |
|
2.0 |
|
|
|
|
|
|
|
| Level 2 Certificate/Critical Field/At-Risk |
|
2.5 |
|
|
|
|
|
|
|
| Associate's Degree/Noncritical Field/Not |
|
2.0 |
|
|
|
|
|
|
|
| Associate's Degree/Noncritical Field/At-Risk |
|
2.5 |
|
|
|
|
|
|
|
| Associate's Degree/Critical Field/Not |
|
2.5 |
|
|
|
|
|
|
|
| Associate's Degree/Critical Field/At-Risk |
|
3.0 |
|
|
|
|
|
|
|
|
|
|
Sec. 61.9803. PERFORMANCE INCENTIVE FUNDING FOR MEDICAL AND |
|
|
DENTAL UNITS. (a) This section applies only to medical and dental |
|
|
units. |
|
|
(b) 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 as follows: |
|
|
(1) 50 percent in proportion to the increase, if any, |
|
|
in the average number of degrees and certificates awarded by, and |
|
|
medical residencies completed at, each institution annually in the |
|
|
two most recent fiscal years from the average number of degrees and |
|
|
certificates awarded by, and medical residencies completed at, that |
|
|
institution annually in the two fiscal years immediately preceding |
|
|
those fiscal years, using the weights assigned to each degree, |
|
|
certificate, or medical residency completion under the table |
|
|
prescribed by Subsection (c); and |
|
|
(2) the remaining 50 percent in proportion to the |
|
|
average number of degrees and certificates awarded by, and medical |
|
|
residencies completed at, each institution annually in the three |
|
|
most recent fiscal years, using the weights assigned to each |
|
|
degree, certificate, or medical residency completion under the |
|
|
table prescribed by Subsection (c). |
|
|
(c) A number of points is assigned for each degree or |
|
|
certificate awarded by, or medical residency completed at, an |
|
|
eligible institution, other than a degree or certificate awarded to |
|
|
or a medical residency completed by an international student, |
|
|
according to the following table: |
|
|
| TYPE OF DEGREE OR CERTIFICATE |
|
POINTS |
|
|
|
|
| Certificate requiring 30-60 Semester Credit Hours |
|
0.5 |
|
|
|
|
| Bachelor's or Master's |
|
1.0 |
|
|
|
|
| Doctoral following a Master's |
|
1.0 |
|
|
|
|
| Doctoral following a Bachelor's |
|
2.0 |
|
|
|
|
|
|
|
| Completed Medical Residency |
|
2.0 |
|
|
|
|
Sec. 61.9804. RULES. The board shall adopt rules for the |
|
|
administration of this subchapter. |
|
|
Sec. 61.9805. 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 |
|
|
the points assigned under Sections 61.9801, 61.9802, and 61.9803. |
|
|
Not later than June 1 of each even-numbered year, the education |
|
|
research center shall submit to the board and the legislature a |
|
|
written report regarding the center's evaluation under this |
|
|
section, including any recommendations for changes to the points |
|
|
assigned under those sections. |
|
|
Sec. 61.9806. FEASIBILITY STUDY REGARDING DISTRIBUTION OF |
|
|
INCENTIVE FUNDS BASED ON STUDENT ACHIEVEMENT DATA; REPORT. (a) The |
|
|
board shall conduct a study to determine the feasibility of using |
|
|
student achievement data as criteria for the distribution of |
|
|
incentive funds to institutions of higher education. The board's |
|
|
study may include an evaluation of: |
|
|
(1) the types of student achievement data available; |
|
|
(2) differences in degree programs and student |
|
|
achievement data across degree programs; |
|
|
(3) differences in student achievement data across |
|
|
types of institutions of higher education; |
|
|
(4) standards for measuring student achievement; and |
|
|
(5) any other factors the board considers appropriate. |
|
|
(b) Not later than December 1, 2010, the board shall submit |
|
|
to the governor, lieutenant governor, speaker of the house of |
|
|
representatives, and the presiding officer of each legislative |
|
|
standing committee with primary jurisdiction over higher education |
|
|
a written report regarding the board's findings under the study. |
|
|
(c) This section expires September 1, 2011. |
|
|
SECTION 2. Section 61.0591, Education Code, is repealed. |
|
|
SECTION 3. The Texas Higher Education Coordinating Board |
|
|
shall adopt rules relating to the administration of Subchapter FF, |
|
|
Chapter 61, 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 conduct a study of whether bilingual education is a critical |
|
|
field for the purposes of Subchapter FF, Chapter 61, Education |
|
|
Code, as added by this Act. |
|
|
SECTION 5. This Act does not make an appropriation. This |
|
|
Act takes effect only if a specific appropriation for the |
|
|
implementation of this Act is provided in a general appropriations |
|
|
act of the 81st Legislature. |
|
|
SECTION 6. This Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |