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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Competency-Based |
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Education Grant Program for certain students enrolled in |
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competency-based baccalaureate degree programs and to formula |
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funding and dropped and repeated course restrictions for students |
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enrolled in those degree programs at public institutions of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 56, Education Code, is amended by adding |
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Subchapter U to read as follows: |
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SUBCHAPTER U. TEXAS COMPETENCY-BASED EDUCATION GRANT PROGRAM |
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Sec. 56.601. DEFINITIONS. In this subchapter: |
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(1) "Competency-based baccalaureate degree program" |
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means a baccalaureate degree program under which academic credit is |
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awarded based solely on a student's attainment of competencies. |
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The term may include a program that is organized around traditional |
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course-based units, including for online or other distance |
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education, that a student must earn for degree completion. |
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(2) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(3) "Eligible institution" means: |
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(A) a general academic teaching institution; |
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(B) a private or independent institution of |
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higher education; |
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(C) a public junior college authorized to offer |
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baccalaureate degree programs under Subchapter L, Chapter 130; or |
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(D) a nonprofit, tax-exempt, regionally |
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accredited college or university operating in accordance with a |
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memorandum of understanding with this state under an executive |
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order issued by the governor and offering competency-based, |
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exclusively online baccalaureate degree programs. |
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(4) "Expected family contribution" means the amount of |
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discretionary income that should be available to a student from the |
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resources of the student and of the student's family, as determined |
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by the coordinating board following the methodology prescribed by |
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the United States Department of Education for the purpose of |
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determining a student's eligibility for need-based student |
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financial assistance. |
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(5) "General academic teaching institution," "private |
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or independent institution of higher education," and "public junior |
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college" have the meanings assigned by Section 61.003. |
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(6) "Program" means the Texas Competency-Based |
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Education Grant Program established under this subchapter. |
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Sec. 56.602. PURPOSE. The purpose of the Texas |
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Competency-Based Education Grant Program is to provide financial |
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assistance to enable eligible students to enroll in |
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competency-based baccalaureate degree programs at eligible |
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institutions. |
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Sec. 56.603. ADMINISTRATION OF PROGRAM; PRIORITY FOR |
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FINANCIAL NEED. (a) The coordinating board shall: |
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(1) administer the program; |
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(2) using the negotiated rulemaking procedures under |
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Chapter 2008, Government Code, adopt rules for determining the |
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allocation of funds under the program among eligible institutions; |
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and |
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(3) adopt any other rules necessary to implement the |
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program or this subchapter. |
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(b) The coordinating board shall consult with the student |
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financial aid officers of eligible institutions in developing the |
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rules adopted under Subsection (a). |
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(c) The total amount of grants awarded under the program may |
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not exceed the amount available for the program from |
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appropriations, gifts, grants, or other funds. |
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(d) In determining who should receive a grant under the |
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program, the coordinating board and the eligible institutions shall |
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give highest priority to awarding grants to students who |
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demonstrate the greatest unmet financial need. |
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Sec. 56.604. INITIAL ELIGIBILITY FOR GRANT. (a) To be |
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eligible initially for a grant under the program, a person must: |
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(1) be a resident of this state as determined by |
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coordinating board rules; |
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(2) meet financial need requirements as defined by |
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coordinating board rules, including a requirement that the person's |
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expected family contribution for the academic year does not exceed |
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the maximum expected family contribution established for this |
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purpose by the coordinating board; |
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(3) be enrolled in a competency-based baccalaureate |
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degree program at an eligible institution; |
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(4) not be receiving a TEXAS grant under Subchapter M, |
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a tuition equalization grant under Subchapter F, Chapter 61, or any |
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other state-funded student financial assistance for the same |
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academic period; and |
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(5) comply with any additional nonacademic |
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requirement adopted by the coordinating board under this |
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subchapter. |
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(b) A person is not eligible to receive a grant under the |
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program if the person has been granted a baccalaureate degree. |
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(c) A person's eligibility for a grant under the program |
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ends on the earliest of the following dates: |
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(1) the fourth anniversary of the initial award of a |
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grant under the program to the person, if at the time of the initial |
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award the person had earned less than 60 semester credit hours or an |
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equivalent number of competency units or credits toward the |
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person's degree; |
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(2) the second anniversary of the initial award of a |
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grant under the program to the person, if at the time of the initial |
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award the person had earned 60 or more semester credit hours or an |
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equivalent number of competency units or credits toward the |
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person's degree; or |
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(3) the date the person receives a baccalaureate |
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degree. |
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Sec. 56.605. CONTINUING ELIGIBILITY AND ACADEMIC |
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PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a |
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grant under the program, a person may continue to receive a grant |
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under the program during each semester or term in which the person |
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is enrolled at an eligible institution only if the person: |
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(1) meets the criteria for initial eligibility under |
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Section 56.604(a); |
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(2) makes satisfactory academic progress toward a |
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baccalaureate degree; and |
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(3) complies with any additional nonacademic |
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requirement adopted by the coordinating board. |
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(b) If a person fails to meet any of the requirements of |
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Subsection (a) after the completion of any semester or term, the |
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person may not receive a grant under the program during the next |
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semester or term in which the person enrolls. Unless the person's |
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eligibility for a grant expires under Section 56.604(c), a person |
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may become eligible to receive a grant under the program in a |
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subsequent semester or term if the person: |
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(1) completes at least 12 semester credit hours or an |
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equivalent number of competency units or credits in a semester or |
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term during which the student is not eligible for a grant; and |
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(2) meets all the requirements of Subsection (a). |
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(c) For the purpose of this section, a person makes |
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satisfactory academic progress toward a baccalaureate degree only |
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if the person completes at least 12 semester credit hours or an |
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equivalent number of competency units or credits in each semester |
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or term in which the person is enrolled. |
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(d) The coordinating board shall adopt rules to allow a |
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person who is otherwise eligible to receive a grant under the |
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program to receive a grant if the student's completion rate falls |
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below the satisfactory academic progress requirements of this |
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section in the event of a hardship or for other good cause shown, |
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including: |
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(1) a showing of a severe illness or other |
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debilitating condition that may affect the person's academic |
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performance; or |
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(2) a showing that the person is responsible for the |
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care of a sick, injured, or needy person and that the person's |
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provision of care may affect the person's academic performance. |
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Sec. 56.606. GRANT USE. A person receiving a grant under |
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the program may use the money to pay any usual and customary cost of |
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attendance at an eligible institution incurred by the student. The |
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institution may disburse all or part of the proceeds of a grant |
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under the program to an eligible person only if the tuition and |
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required fees incurred by the person at the institution have been |
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paid. |
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Sec. 56.607. GRANT AMOUNT. (a) The maximum annual amount |
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of a grant under the program for a full-time undergraduate student |
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equivalent enrolled at an eligible institution is an amount equal |
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to 75 percent of the average state appropriation for the state |
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fiscal biennium preceding the biennium in which the grant is |
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awarded for a full-time undergraduate student equivalent enrolled |
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at a general academic teaching institution, as determined by the |
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coordinating board. |
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(b) The coordinating board may adopt rules that allow the |
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coordinating board to increase or decrease, in proportion to the |
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number of semester credit hours or competency units or credits in |
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which a student is enrolled, the amount of a grant award to a |
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student who is enrolled in a number of semester credit hours or |
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competency units or credits in excess of or below 12 semester credit |
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hours or an equivalent number of competency units or credits. |
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Sec. 56.608. GRANT NOT TO AFFECT ADMISSION. An eligible |
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institution may not deny admission to or enrollment in the |
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institution based on a person's eligibility to receive a grant |
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under the program or a person's receipt of a grant under the |
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program. |
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SECTION 2. Section 51.907, Education Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) This section does not apply to a student enrolled in a |
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competency-based baccalaureate degree program, as defined by |
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Section 56.601. |
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SECTION 3. Section 61.059, Education Code, is amended by |
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adding Subsection (s) to read as follows: |
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(s) Notwithstanding any other law, the board may not exclude |
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from being counted in the hours reported to the Legislative Budget |
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Board for formula funding contact hours or semester credit hours |
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for a student's enrollment in a course for which the student has |
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previously generated formula funding if the student is enrolled in |
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a competency-based baccalaureate degree program, as defined by |
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Section 56.601. |
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SECTION 4. Section 61.0595, Education Code, is amended by |
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adding Subsection (f-1) to read as follows: |
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(f-1) In the formulas established under Section 61.059, the |
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board shall include without consideration of Subsection (a) or (e) |
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funding for semester credit hours earned by a student who is |
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enrolled in a competency-based baccalaureate degree program, as |
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defined by Section 56.601. |
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SECTION 5. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.088 to read as follows: |
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Sec. 61.088. DROPPED OR REPEATED COURSES UNDER |
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COMPETENCY-BASED BACCALAUREATE DEGREE PROGRAM. The board by rule |
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shall develop standards for and limitations on dropping or |
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repeating courses by students enrolled in a competency-based |
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baccalaureate degree program, as defined by Section 56.601. |
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SECTION 6. Section 51.907(b-1), Education Code, as added by |
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this Act, applies beginning with the fall 2019 semester. |
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SECTION 7. (a) The Texas Higher Education Coordinating |
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Board shall adopt rules to administer Subchapter U, Chapter 56, |
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Education Code, as added by this Act, as soon as practicable after |
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the effective date of this Act. |
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(b) The Texas Higher Education Coordinating Board shall |
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begin allocating funds to eligible institutions under Subchapter U, |
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Chapter 56, Education Code, as added by this Act, for the first |
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academic year for which money is appropriated for that purpose, |
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except that the coordinating board may not allocate funds under |
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that subchapter for an academic year before the 2020-2021 academic |
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year. |
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SECTION 8. The changes in law made by this Act to Sections |
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61.059 and 61.0595, Education Code, apply beginning with funding |
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recommendations made under Section 61.059, Education Code, for the |
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state fiscal biennium beginning September 1, 2021. |
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SECTION 9. The Texas Higher Education Coordinating Board |
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shall adopt rules under Section 61.088, Education Code, as added by |
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this Act, as soon as practicable after this Act takes effect. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |