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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of state authorization reciprocity |
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agreements for postsecondary distance learning courses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.05121 to read as follows: |
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Sec. 61.05121. STATE AUTHORIZATION RECIPROCITY AGREEMENT. |
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(a) The board on behalf of the state may enter into a state |
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authorization reciprocity agreement among states, districts, and |
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territories regarding the delivery of postsecondary distance |
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education that establishes comparable standards for the provision |
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of distance education by public or private degree-granting |
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postsecondary educational institutions in each of the states, |
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districts, or territories covered by the agreement to students of |
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the other states, districts, or territories covered under the |
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agreement. The board shall apply to an appropriate organization |
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for that purpose. |
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(b) The board shall administer an agreement entered into |
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under this section, including by: |
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(1) establishing an application and approval process |
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for a degree-granting postsecondary educational institution with |
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its principal campus located in this state to participate under the |
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agreement; and |
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(2) maintaining a dispute resolution procedure for |
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complaints regarding participating postsecondary educational |
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institutions located in this state. |
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(c) If the board obtains evidence that a public or private |
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postsecondary educational institution established outside this |
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state that is providing courses within this state under a state |
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authorization reciprocity agreement established under this section |
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is in apparent violation of the agreement or of this code or rules |
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adopted under this section, the board shall take appropriate action |
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to terminate the institution's operation within this state. |
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(d) The board shall adopt rules to administer this section. |
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SECTION 2. Section 61.401(2), Education Code, is amended to |
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read as follows: |
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(2) "Coordinating board [Board]" means the Texas |
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Higher Education Coordinating Board[, Texas College and University
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System]. |
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SECTION 3. Section 61.402, Education Code, is amended to |
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read as follows: |
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Sec. 61.402. REQUISITE APPROVAL. (a) Public institutions |
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of higher education established outside the boundaries of the State |
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of Texas must have the approval of the coordinating board before |
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offering a course or a grouping of courses within the State of |
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Texas. |
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(b) Notwithstanding Subsection (a), a public institution of |
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higher education established outside the boundaries of the State of |
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Texas may offer a course within this state without the approval of |
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the coordinating board if the course is provided in accordance with |
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a state authorization reciprocity agreement established under |
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Section 61.05121. |
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SECTION 4. Section 61.404, Education Code, is amended to |
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read as follows: |
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Sec. 61.404. PROCEDURES IN CASE OF VIOLATION. If the |
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coordinating board obtains evidence that a public institution of |
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higher education established outside the boundaries of the State of |
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Texas is in apparent violation of this subchapter or of rules and |
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regulations adopted pursuant to this subchapter, the coordinating |
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board shall take appropriate action to terminate its operation |
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within the boundaries of the State of Texas regardless of whether |
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the institution participates in a state authorization reciprocity |
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agreement established under Section 61.05121. |
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SECTION 5. Not later than September 1, 2016, the Texas |
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Higher Education Coordinating Board shall develop and submit to the |
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Southern Regional Education Board or other appropriate |
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organization a plan and application for entering into a state |
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authorization reciprocity agreement. |
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SECTION 6. 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, 2015. |
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