81R1580 KJM-D

By: Ellis S.B. No. 155

A BILL TO BE ENTITLED

AN ACT

relating to reports regarding the consideration of certain factors by public and private institutions of higher education in admissions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 51, Education Code, is amended by adding Section 51.4034 to read as follows:

Sec. 51.4034. ANNUAL REPORT ON FACTORS CONSIDERED IN ADMISSIONS DECISIONS. (a) Not later than July 1 of each year, each public or private institution of higher education in this state shall provide to the Texas Higher Education Coordinating Board and to the chair of each legislative standing committee or subcommittee with primary jurisdiction over higher education, and shall make available to the public on the institution's website, a report regarding whether, in admitting applicants to any undergraduate, graduate, postgraduate, or professional degree program, the institution or any school or department of the institution considers:

(1) an applicant's race, color, ethnicity, or national origin; or

(2) whether a family member of the applicant has previously attended the institution, is a donor to the institution, or is otherwise associated with the institution.

(b) If the public or private institution of higher education or a school or department of the institution considers race, color, ethnicity, or national origin in making admissions decisions as described by Subsection (a)(1), the report must contain the following information with respect to the institution, school, or department, as applicable:

(1) for any group identified by race, color, ethnicity, or national origin that is considered in admissions decisions, how membership in that group is determined for individual applicants;

(2) how membership in that group is considered in admissions decisions, including:

(A) the weight given to consideration of membership in that group; and

(B) the use of any targets, quotas, or other numbers-based goals for that group;

(3) why membership in that group is considered in admissions decisions, including:

(A) the degree to which members of that group are represented at the institution, school, or department; and

(B) any correlation between the admission of those group members and the educational goals of the institution, school, or department, including any goal to increase diversity in the student population;

(4) if membership in that group is considered in admissions decisions because of an educational goal of the institution, school, or department, what consideration has been given to any available alternatives, including alternatives that are neutral with respect to race, color, ethnicity, or national origin, for achieving that goal;

(5) how frequently and in what manner the institution, school, or department reassesses the need to consider membership in that group in admissions decisions;

(6) an analysis of the correlation between membership in any group given preference in admissions decisions on account of race, color, ethnicity, or national origin and:

(A) the enrollment rates of members of that group in remedial or developmental programs relative to members of other groups;

(B) the graduation rates of members of that group relative to members of other groups; and

(C) the rate of default by members of that group on education loans relative to members of other groups; and

(7) any factors other than race, color, ethnicity, or national origin for which information is collected for use in the admissions decisions covered by the report.

(c) To enable a statistical comparison of the weight given to race, color, ethnicity, or national origin relative to the factors described by Subsection (b)(7), if the factors disclosed under that subdivision include high school grades, grade point averages, or class rank, scores on standardized tests, including the ACT or SAT, legacy status, gender, state residency, or other quantifiable criteria, the public or private institution of higher education must provide the following information with the report in a standard computer-readable format:

(1) all quantifiable or other computer-readable raw admissions data linked to specific applicants, including the applicants' race, color, ethnicity, or national origin, as applicable; and

(2) the admissions decisions made by the institution, school, or department regarding those applicants.

(d) The information required by Subsection (c) may not identify the applicants by name or in another manner that would enable a person to identify an individual applicant using the data.

(e) If the public or private institution of higher education or a school or department of the institution considers a factor described by Subsection (a)(2) in making admissions decisions, the report must contain the following information with respect to the institution, school, or department, as applicable:

(1) how the relevant information is determined for individual applicants;

(2) how the factor is considered in admissions decisions, including the weight given to consideration of the factor;

(3) why the factor is considered in admissions decisions, including the degree to which applicants identified as sharing that factor are represented at the institution, school, or department; and

(4) how frequently and in what manner the institution, school, or department reassesses the need to consider the factor in admissions decisions.

(f) Students of a private or independent institution of higher education that does not substantially comply with this section as determined by the Texas Higher Education Coordinating Board are ineligible for tuition equalization grants under Subchapter F, Chapter 61.

SECTION 2. Each public or private institution of higher education in this state shall submit the first report required by Section 51.4034, Education Code, as added by this Act, not later than July 1, 2010.

SECTION 3. 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, 2009.