|
|
|
HOUSE CONCURRENT RESOLUTION
|
|
WHEREAS, On October 29, 2010, the United States Department of |
|
Education released Final Regulations on Program Integrity Issues in |
|
an effort to strengthen federal student aid programs at |
|
postsecondary institutions, and one provision seeks to clarify the |
|
minimum a state must do to authorize a postsecondary institution so |
|
that the institution is able to participate in federal student aid |
|
and other federal funding programs; and |
|
WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to |
|
require that a postsecondary institution "is established by name as |
|
an educational institution by a State through a charter, statute, |
|
constitutional provision, or other action issued by an appropriate |
|
State agency or State entity and is authorized to operate |
|
educational programs beyond secondary education, including |
|
programs leading to a degree or certificate"; and |
|
WHEREAS, Texas law authorizes career schools or colleges to |
|
operate educational programs beyond secondary education, including |
|
programs leading to a degree or certificate; and |
|
WHEREAS, Section 61.003, Education Code, cites state |
|
universities by name, and Section 61.063, Texas Education Code, |
|
establishes a process for naming public community colleges, but |
|
state law regards private institutions of higher education and |
|
private career schools or colleges differently; and |
|
WHEREAS, Rather than naming them, Section 132.001, Education |
|
Code, defines "career school or college" as "any business |
|
enterprise operated for a profit or on a nonprofit basis that |
|
maintains a place of business within this state or solicits |
|
business within this state, that is not specifically exempted by |
|
this chapter, and (A) that offers or maintains a course or courses |
|
of instruction or study; or (B) at which place of business such a |
|
course or courses of instruction or study are available through |
|
classroom instruction or by distance education, or both, to a |
|
person for the purpose of training or preparing the person for a |
|
field of endeavor in a business, trade, technical, or industrial |
|
occupation, or for a vocational or personal improvement"; and |
|
WHEREAS, Each career school or college is established by name |
|
as an educational institution by the State of Texas by actions |
|
issued by an appropriate state agency, including the Texas |
|
Workforce Commission or the Texas Higher Education Coordinating |
|
Board, and is legally authorized by the state of Texas to operate |
|
educational programs beyond secondary education, including |
|
programs leading to a degree or certificate; and |
|
WHEREAS, the State has a process to review and appropriately |
|
act on complaints concerning a career school or college, including |
|
enforcing applicable state laws; and |
|
WHEREAS, Career schools or colleges comply with applicable |
|
state approval or licensure requirements and are established by the |
|
State on the basis of an authorization to conduct business in the |
|
State; now, therefore, be it |
|
RESOLVED, That the 82nd Legislature of the State of Texas |
|
hereby notify the United States Department of Education that the |
|
career schools or colleges that are established and authorized to |
|
operate by name as an educational institution by the State of Texas |
|
by actions issued by an appropriate state agency, including the |
|
Texas Workforce Commission or the Texas Higher Education |
|
Coordinating Board, are legally authorized by the state of Texas to |
|
operate educational programs beyond secondary education, including |
|
programs leading to a degree or certificate, and that therefore the |
|
State of Texas has met the conditions of 34 C.F.R. Section 600.9; |
|
and, be it further |
|
RESOLVED, That the Texas secretary of state forward official |
|
copies of this resolution to the secretary of education, to the |
|
president of each career school or college named, to the president |
|
of the Senate and the speaker of the House of Representatives of the |
|
United States Congress, and to all the members of the Texas |
|
delegation to Congress with the request that this resolution be |
|
entered in the Congressional Record as a memorial to the Congress of |
|
the United States of America. |