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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualification of certain nonprofit schools and |
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educational institutions for exemption from state laws regulating |
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career schools and colleges and to complaints made against those |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.002, Education Code, is amended by |
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adding Subsections (d-1), (h), (i), (j), and (k) to read as follows: |
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(d-1) A school or educational institution exempted from |
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this chapter is authorized to offer training in this state allowed |
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by the exemption. |
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(h) A school or educational institution that participates |
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or intends to participate in student financial aid programs under |
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Title IV, Higher Education Act of 1965 (20 U.S.C. Section 1070 et |
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seq.), may not be exempted from this chapter by the commission on |
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the basis of Subsection (a)(2) unless the school or institution |
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demonstrates to the commission that: |
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(1) either: |
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(A) the school or institution is accredited by a |
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regional or national accrediting organization recognized by the |
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United States secretary of education; or |
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(B) the school or institution, or the primary |
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campus of the school or institution, has been operating |
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continuously in this state for at least 20 years in compliance with |
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state career school regulatory requirements, regardless of the |
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amount of time the current owner has owned the school or |
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institution; or |
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(2) the school or institution: |
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(A) is owned, controlled, operated, and |
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maintained by a religious organization lawfully operating as a |
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nonprofit religious corporation; and |
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(B) awards only degrees or certificates relating |
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to religion, including a certificate of Talmudic studies, an |
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associate of biblical studies degree, a master of divinity degree, |
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or a doctor of divinity degree. |
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(i) For purposes of Subsection (h)(1)(B), "primary campus" |
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means, for two or more schools or educational institutions that are |
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owned and operated by the same owner, the school or educational |
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institution designated by the owner as the main or principal |
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campus. |
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(j) A school or educational institution may demonstrate |
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compliance with Subsection (h): |
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(1) through the application process under Subsection |
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(d); or |
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(2) if the school or institution has previously been |
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granted an exemption from this chapter and the most recent |
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exemption was granted before June 30, 2013, by an affidavit |
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submitted to the commission by the owner of the school or |
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institution. |
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(k) The Texas Higher Education Coordinating Board shall |
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take appropriate action, including by making appropriate referrals |
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to an accrediting agency or to the attorney general, to address any |
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complaint received by the coordinating board from a student or |
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prospective student of a school or institution to which Subsection |
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(h) applies that is: |
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(1) exempted from this chapter on the basis of |
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Subsection (a)(2); and |
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(2) subject to regulation by the coordinating board. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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