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A BILL TO BE ENTITLED
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AN ACT
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relating to tenure and employment status at public institutions of |
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higher education in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9415 to read as follows: |
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Sec. 51.9415. TENURE AND FACULTY EMPLOYMENT STATUS. (a) In |
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this section, "institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) An institution of higher education may not grant an |
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employee of the institution tenure or any type of permanent |
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employment status. |
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(c) Subsection (b) does not apply to a faculty member or |
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other employee of the institution of higher education who is |
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employed by or under contract for employment with the institution |
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on September 1, 2023, and who was awarded tenure or any type of |
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permanent employment status by the institution before September 1, |
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2023, provided that the person remains continuously employed or |
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continuously under a contract of employment beginning September 1, |
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2023. |
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(d) This section does not prohibit the board of regents of |
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an institution of higher education from establishing an alternate |
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system of tiered employment status for faculty members provided |
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that the system clearly defines each position and requires each |
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faculty member to undergo an annual performance evaluation. |
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SECTION 2. Section 21.801(d), Education Code, is amended to |
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read as follows: |
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(d) The public institution of higher education shall: |
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(1) reward faculty instructing in the teacher |
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residency program; |
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(2) identify faculty who can prepare teachers to |
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impact student achievement in high-need schools; |
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(3) provide institutional support of faculty who work |
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with the teacher residency program by providing time to teach the |
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courses [and valuing the faculty's contributions with rewards in |
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the university tenure process]; and |
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(4) develop and implement a program that acknowledges |
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and elevates the significance and professional nature of teaching |
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at the primary and secondary levels. |
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SECTION 3. Section 51.943(c), Education Code, is amended to |
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read as follows: |
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(c) For the purposes of this section, an institution of |
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higher education is not required to provide an annual contract to |
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tenured [tenure or tenure-track] faculty, but must provide tenured |
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[tenure and tenure-track] faculty with [any] written notification |
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[required in the institution's tenure policy] of any [a] change in a |
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term of employment according to the policies of the institution, |
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but no later than the 30th day prior to the change. |
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SECTION 4. Section 51.948(b), Education Code, is amended to |
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read as follows: |
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(b) A contract entered into by a governing board under this |
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section may not: |
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(1) provide for employment for more than three years; |
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(2) allow for severance or other payments on the |
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termination of the contract to exceed an amount equal to the |
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discounted net present cash value of the contract on termination at |
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a market interest rate agreed upon in the contract; or |
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(3) allow for development leave that is inconsistent |
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with Section 51.105[; or |
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[(4) award tenure in any way that varies from the |
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institution's general policy on the award of tenure]. |
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SECTION 5. Section 51.9745(a), Education Code, is amended |
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to read as follows: |
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(a) Each general academic teaching institution, as defined |
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by Section 61.003, shall make available to the public on the |
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institution's Internet website the following information for the |
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institution: |
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(1) the student/faculty ratio; |
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(2) the percentage of all full-time equivalent faculty |
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members with teaching responsibility who are tenured [or tenure |
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track]; |
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(3) the percentage of semester credit hours taken by |
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students classified as freshmen or sophomores that are taught by |
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tenured [and tenure track] faculty members; |
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(4) the number of faculty members in each of the |
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following faculty ranks, including a breakdown for each rank |
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showing the numbers of faculty members by race, ethnicity, and |
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gender: |
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(A) professor; |
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(B) associate professor; |
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(C) assistant professor; |
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(D) instructor; |
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(E) nontenured [or nontenure track]; and |
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(F) teaching assistant; |
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(5) average faculty salaries by rank; |
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(6) the amount of money appropriated by the |
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legislature per full-time equivalent faculty member and full-time |
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equivalent student; |
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(7) the total revenue the institution spent per |
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full-time equivalent faculty member and full-time equivalent |
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student; |
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(8) the amount of federal and private research |
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expenditures per tenured [or tenure track] full-time equivalent |
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faculty member; |
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(9) the number and percentage of faculty members |
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holding extramural research grants; |
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(10) the number and names of awards to faculty members |
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from nationally recognized entities, including those identified by |
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The Center for Measuring University Performance; and |
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(11) the number of endowed professorships or chairs. |
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SECTION 6. Section 51A.053(c), Education Code, is amended |
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to read as follows: |
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(c) Except as otherwise provided by the coordinating board |
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under Subsection (a), the resume must include the following |
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information relating to the most recent state fiscal year for which |
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the information is available: |
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(1) under the heading "ENROLLMENT": |
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(A) the total number of students enrolled in the |
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institution during the fall semester that ended in the fiscal year |
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covered by the resume; |
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(B) the percentage of undergraduate students |
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enrolled in the institution for the first time during the fall |
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semester that ended in the fiscal year covered by the resume who are |
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transfer students; and |
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(C) a clearly identifiable link to the |
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information described by Paragraph (A) disaggregated by student |
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ethnicity; |
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(2) under the heading "DEGREES AWARDED": |
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(A) the number of bachelor's degrees, number of |
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master's degrees, number of doctoral degrees, and number of |
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professional degrees awarded by the institution; and |
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(B) a clearly identifiable link to the |
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information described by Paragraph (A) disaggregated by student |
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ethnicity; |
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(3) under the heading "COSTS": |
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(A) the average annual total academic costs for a |
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resident undergraduate student enrolled in 30 semester credit hours |
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at the institution; |
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(B) clearly identifiable links to information |
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regarding: |
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(i) the rate or rates of tuition per |
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semester credit hour charged by the institution; and |
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(ii) any mandatory fees, as defined by the |
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coordinating board, imposed by the institution; |
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(C) the average cost of on-campus room and board |
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per student; and |
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(D) the average cost to a resident undergraduate |
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student enrolled in 30 semester credit hours for total academic |
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costs and on-campus room and board, excluding the cost of books, |
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supplies, transportation, or other expenses; |
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(4) under the heading "FINANCIAL AID": |
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(A) the percentage of undergraduate students |
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enrolled in the institution who receive need-based grants or |
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scholarships; |
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(B) the percentage of undergraduate students |
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enrolled in the institution who receive need-based grants, |
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scholarships, loans, or work-study funds; |
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(C) the percentage of undergraduate students |
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enrolled in the institution who receive student loans; |
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(D) the average amount of an undergraduate |
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student's need-based grant and scholarship package; |
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(E) the average amount of an undergraduate |
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student's need-based grant, scholarship, loan, and work-study |
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package; and |
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(F) the average amount of an undergraduate |
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student's student loans; |
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(5) under the heading "ADMISSIONS": |
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(A) the middle 50 percent test score range of |
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first-time undergraduate students at the institution whose |
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Scholastic Assessment Test (SAT) scores were in the 25th to 75th |
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percentile of students' scores at that institution; |
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(B) the middle 50 percent test score range of |
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first-time undergraduate students at the institution whose |
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American College Test (ACT) scores were in the 25th to 75th |
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percentile of students' scores at that institution; and |
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(C) the percentage of the students who applied |
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for first-time undergraduate admission to the institution who were |
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offered admission to the institution; |
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(6) under the heading "INSTRUCTION": |
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(A) the student/faculty ratio at the |
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institution; |
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(B) the percentage of organized undergraduate |
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classes offered by the institution in which fewer than 20 students |
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are enrolled; |
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(C) the percentage of organized undergraduate |
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classes offered by the institution in which more than 50 students |
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are enrolled; and |
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(D) the percentage of teaching faculty members of |
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the institution who are tenured [or tenure-track]; |
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(7) under the heading "BACCALAUREATE SUCCESS": |
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(A) four-year, five-year, and six-year |
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graduation rates for full-time bachelor's degree-seeking students |
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at the institution, and links to that information disaggregated by |
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student ethnicity; |
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(B) the average number of fall and spring |
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semesters of enrollment attempted by a student to obtain a |
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bachelor's degree; and |
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(C) the retention rate of first-time, full-time, |
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degree-seeking entering undergraduate students enrolled in the |
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institution after one academic year and after two academic years; |
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(8) under the heading "FIRST-TIME LICENSURE OR |
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CERTIFICATION EXAMINATION PASS RATES," the first-time licensure or |
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certification examination pass rates in the fields of education, |
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law, pharmacy, nursing, and engineering of students enrolled in the |
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institution or who have graduated from the institution; and |
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(9) under the heading "FUNDING": |
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(A) the total amount of money appropriated by the |
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legislature to the institution, including money appropriated for |
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faculty and staff health coverage and retirement benefits, for that |
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state fiscal year and the corresponding percentage of the |
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institution's operating budget for that state fiscal year that the |
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total amount of money appropriated by the legislature represents; |
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(B) the total amount of federal funds from all |
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federal sources, including grants and research funds, received by |
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the institution in that state fiscal year and the corresponding |
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percentage of the institution's operating budget for that state |
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fiscal year that the total amount of federal funds represents; |
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(C) the total academic costs charged to students |
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by the institution in that state fiscal year and the corresponding |
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percentage of the institution's operating budget for that state |
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fiscal year that the total academic costs represent; and |
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(D) the total amount of money from any source |
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available to the institution in that state fiscal year. |
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SECTION 7. Section 61.057, Education Code, is amended to |
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read as follows: |
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Sec. 61.057. PROMOTION OF TEACHING EXCELLENCE. To achieve |
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excellence in the teaching of students at institutions and agencies |
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of higher education, the board shall: |
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(1) develop and recommend: |
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(A) minimum faculty compensation plans, basic |
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increment programs, and incentive salary increases; |
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(B) minimum standards for faculty appointment, |
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advancement, promotion, and retirement; |
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(C) general policies for faculty teaching loads, |
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and division of faculty time between teaching, research, |
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administrative duties, and special assignments; |
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(D) faculty improvement programs, including a |
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plan for sabbatical leaves, appropriate for the junior and senior |
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colleges and universities, respectively; and |
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(E) minimum standards for academic freedom[,] |
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and academic responsibility[, and tenure]; |
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(2) pursue vigorously and continuously a goal of |
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having all college and university academic classes taught by |
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persons holding the minimum of an earned master's degree or its |
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equivalent in academic training, creative work, or professional |
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accomplishment; |
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(3) explore, promote, and coordinate the use of |
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educational television among institutions of higher education and |
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encourage participation by public and private schools and private |
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institutions of higher education in educational television; |
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(4) conduct, and encourage the institutions of higher |
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education to conduct, research into new methods, materials, and |
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techniques for improving the quality of instruction and for the |
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maximum utilization of all available teaching techniques, devices, |
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and resources, including but not limited to large classes, team |
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teaching, programmed instruction, interlibrary exchanges, joint |
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libraries, specially-designed facilities, visual aids, and other |
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innovations that offer promise for superior teaching or for meeting |
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the need for new faculty members to teach anticipated larger |
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numbers of students; and |
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(5) assume initiative and leadership in providing |
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through the institutions of higher education in the state those |
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programs and offerings which will achieve the objectives set forth |
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in Section 61.002 of this code. |
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SECTION 8. Section 61.0902(b), Education Code, is amended |
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to read as follows: |
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(b) Not later than the next November 1 following the |
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completion of an academic year, each general academic teaching |
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institution shall provide to the board one or more reports |
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containing data related to: |
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(1) the qualifications of the entering freshman class |
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for the academic year covered by the report, including: |
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(A) the average Texas Academic Skills Program |
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Test scores of the class; |
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(B) the average scores of the class on each |
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generally recognized test or assessment used in college and |
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university undergraduate admissions, including the Scholastic |
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Assessment Test and the American College Test; |
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(C) the range of scores of the class from the 25th |
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to the 75th percentile on each generally recognized test or |
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assessment used in college and university undergraduate |
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admissions, including the Scholastic Assessment Test and the |
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American College Test; |
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(D) the overall grade point average of the class |
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for the academic year covered by the report; |
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(E) the number of students in the class who |
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graduated in the top 10 percent of the student's high school |
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graduating class; and |
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(F) enrollment percentages by ethnicity; and |
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(2) student performance and institution efficiency, |
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including: |
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(A) the retention rate of full-time students |
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after the completion of one academic year at the institution; |
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(B) the percentage of full-time degree-seeking |
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undergraduate students who earn a baccalaureate degree before the |
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sixth anniversary of the date of the student's first enrollment at |
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the institution; |
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(C) the percentage of lower-division semester |
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credit hours taught by tenured [or tenure-track] faculty; |
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(D) the percentage of undergraduate classes with |
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fewer than 20 students; |
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(E) the percentage of undergraduate classes with |
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more than 50 students; |
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(F) the student-to-faculty ratio for |
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undergraduate students; |
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(G) the percentage of students receiving |
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financial aid; |
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(H) the average cost of tuition and fees for an |
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undergraduate student enrolled for 12 semester credit hours; |
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(I) the average cost of on-campus room and board |
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for an academic year, excluding summer sessions; |
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(J) the number of disciplines in which master's |
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degrees are offered; |
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(K) the number of disciplines in which doctoral |
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degrees are offered; |
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(L) a description of any departments, schools, or |
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certificate or degree programs of the institution that have a |
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statewide or national reputation for excellence; and |
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(M) statistics regarding job placement rates for |
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students awarded certificates or degrees by the institution. |
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SECTION 9. Section 141.001(3), Education Code, is amended |
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to read as follows: |
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(3) "Faculty member" means a person who is tenured [or |
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is in a tenure track position] and [is] employed by a public senior |
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college or university. |
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SECTION 10. Section 142.001(5), Education Code, is amended |
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to read as follows: |
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(5) "Faculty member" means a person who is tenured by |
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an eligible institution [or is in a tenure track position] or who is |
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a research professional employed by an eligible institution. |
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SECTION 11. Section 51.942(f), Education Code, is repealed. |
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SECTION 12. This Act takes effect September 1, 2023. |
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* * * * * |