By: Middleton S.B. No. 2647

A BILL TO BE ENTITLED

AN ACT

relating to the accreditation of postsecondary educational institutions; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Education Code, is amended by adding Subchapters G-1 and G-2 to read as follows:

SUBCHAPTER G-1. QUALITY REVIEW OF ACCREDITING AGENCIES

Sec. 51.371. DEFINITIONS. In this subchapter:

(1) "Accrediting agency" means an organization, association, or other entity that accredits postsecondary educational institutions.

(2) "Board," "institution of higher education," and "recognized accrediting agency" have the meanings assigned by Section 61.003.

Sec. 51.372. APPROVAL AND REVIEW OF ACCREDITING AGENCIES. (a) The board shall identify and approve at least three accrediting agencies best suited to serve as accreditors for institutions of higher education.

(b) Subject to Subsections (c) and (d), the board shall conduct a biennial evaluation of accrediting agencies approved under Subsection (a). The evaluation must rate each agency as unsatisfactory or satisfactory based on evaluation standards established by board rule. The board shall make the evaluation standards available to the public on the board's Internet website.

(c) If an institution of higher education seeks accreditation from a recognized accrediting agency that the board has not approved under Subsection (a), the board shall evaluate the agency under Subsection (b) not later than the fifth anniversary of the date the institution receives accreditation from the agency.

(d) If at the time the board would be required to conduct an evaluation of an accrediting agency under Subsection (b) the board does not have sufficient information to conduct the evaluation, the board shall obtain the necessary information and conduct the evaluation of the agency as soon as practicable.

(e) The board's evaluation of an accrediting agency under Subsection (b) must include an assessment of whether the agency requires or encourages the institution to take action that conflicts with state law, including Section 51.3525.

(f) The board may revoke the approval of an accrediting agency under Subsection (a) if the board determines based on an evaluation under Subsection (b) that the agency should no longer be approved.

(g) Not later than November 1 of each even-numbered year, the board shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the chairs of the standing legislative committees with primary jurisdiction over higher education and make available to the public on the board's Internet website a report of the evaluations made under this section. The report must include a ranking of the performance of accrediting agencies approved under Subsection (a) and information regarding any accrediting agency the board determines should no longer be approved under that subsection.

Sec. 51.373. ACCREDITATION OF INSTITUTIONS OF HIGHER EDUCATION. (a) Each institution of higher education shall, at the institution's expense, seek accreditation by an accrediting agency approved by the board under Section 51.372(a) with a satisfactory performance rating under Section 51.372(b).

(b) An institution of higher education accredited by an accrediting agency that receives an unsatisfactory performance rating under Section 51.372(b) shall, at the institution's expense, obtain accreditation from an accrediting agency approved by the board under Section 51.372(a) with a satisfactory performance rating under Section 51.372(b) not later than the earlier of:

(1) the fifth anniversary of the date the agency receives the unsatisfactory performance rating; or

(2) a date determined by board rule.

(c) An institution of higher education accredited by an accrediting agency with a satisfactory performance rating under Section 51.372(b) may continue to be accredited by that agency for as long as the agency maintains a satisfactory performance rating.

Sec. 51.374. NONCOMPLIANCE. (a) If the board determines that an institution of higher education has failed to substantially comply with Section 51.373, the board shall provide the institution and each person described by Section 51.372(g) with written notice of the determination.

(b) An institution of higher education that receives notice under Subsection (a) shall take corrective actions to comply with Section 51.373 not later than the 180th day after the date of receipt of the notice. If the institution fails to substantially comply with Section 51.373 by that date, the board shall notify the comptroller of the institution's noncompliance.

(c) On receipt of notice under Subsection (b), the comptroller shall withhold all state funding from the institution of higher education until the board notifies the comptroller that the institution is substantially complying with Section 51.373.

Sec. 51.375. RULES. The board shall adopt rules as necessary to implement this subchapter.

Sec. 51.376. APPLICABILITY OF SUBCHAPTER. This subchapter expires on the 30th day after the date on which the board notifies the secretary of state that each institution of higher education subject to accreditation by the Texas Accreditation Agency under Subchapter G-2 is accredited as required by that subchapter. The secretary of state shall publish notice of that date in the Texas Register.

SUBCHAPTER G-2. TEXAS ACCREDITATION AGENCY

Sec. 51.381. DEFINITIONS. In this subchapter:

(1) "Agency" means the Texas Accreditation Agency established under this subchapter.

(2) "Board," "general academic teaching institution," "institution of higher education," "medical and dental unit," "private or independent institution of higher education," and "public junior college" have the meanings assigned by Section 61.003.

(3) "Law school" means a postsecondary educational institution or component of a postsecondary educational institution that offers a juris doctor or equivalent program.

(4) "Legal division" means the division in the agency established under Section 51.386.

(5) "Medical and dental division" means the division in the agency established under Section 51.385.

Sec. 51.382. ESTABLISHMENT. (a) The Texas Accreditation Agency is established to serve as the primary accrediting body for institutions of higher education.

(b) The agency is administratively attached to and supported by the Texas Higher Education Coordinating Board.

Sec. 51.383. BOARD OF TRUSTEES. (a) The agency is governed by a board of trustees that consists of 11 members as follows:

(1) five members appointed by the governor;

(2) two members elected by general academic teaching institutions;

(3) two members elected by public junior colleges;

(4) one member elected by the medical units of the medical and dental units; and

(5) one member elected by the dental units of the medical and dental units.

(b) The board shall hold an election to elect each member of the board of trustees described by Subsections (a)(2) through (5). Each general academic teaching institution, public junior college, and medical and dental unit may nominate a candidate in the election for the applicable trustee position being filled in the election and is entitled to cast one vote in the election.

(c) A vacancy on the board of trustees is filled in the same manner as the initial appointment or election for the applicable position.

(d) Trustees serve staggered six-year terms, with the terms of one or two appointed members and the terms of two or three elected members expiring on February 1 of each odd-numbered year.

(e) The members of the board of trustees shall elect a presiding officer from among its membership. The presiding officer shall:

(1) convene meetings of the board of trustees;

(2) coordinate and direct the activities of the agency; and

(3) communicate with the board regarding the activities of the agency.

(f) A trustee is not entitled to compensation but is entitled to reimbursement for the travel expenses incurred by the trustee while transacting agency business, as provided by the General Appropriations Act.

(g) The agency is subject to Chapters 551, 552, and 2001, Government Code.

Sec. 51.384. POWERS AND DUTIES. (a) Subject to Section 51.385 or 51.386, the agency shall develop, implement, and maintain rigorous accreditation standards for institutions of higher education. The accreditation standards must ensure quality education and institutional integrity based on the following criteria for each institution of higher education:

(1) postsecondary economic outcomes;

(2) debt-to-earning potential of students;

(3) a clearly defined mission that:

(A) is publicly available and appropriate for higher education; and

(B) addresses, as applicable, teaching, learning, and research;

(4) a demonstrated commitment to continuous improvement of educational programs and services to achieve the institution's mission;

(5) regular assessment and documentation of compliance by the institution with accreditation standards; and

(6) any other criteria the board considers necessary.

(b) Subject to Section 51.385 or 51.386, the agency shall conduct an evaluation, including an on-site visit, of each institution of higher education and assign an accreditation status to the institution based on findings made during the agency's evaluation.

(c) The agency shall collaborate with the board to ensure the accreditation process and criteria are aligned with statewide educational goals.

(d) The agency shall develop and maintain a publicly accessible database on institutions of higher education evaluated and accredited by the agency, including any findings and recommendations made by the agency regarding the institution.

Sec. 51.385. ACCREDITATION OF MEDICAL AND DENTAL SCHOOLS. (a) The agency shall establish a division dedicated to accrediting medical and dental units.

(b) The medical and dental division shall develop accreditation standards specific to medical and dental education that take into consideration clinical training, research, and compliance with state and federal health care regulations.

(c) The medical and dental division shall collaborate with relevant health care and medical and dental education stakeholders, including the Texas Medical Board, the State Board of Dental Examiners, and the Health and Human Services Commission, to ensure the standards developed under Subsection (b) align with educational and practice requirements.

(d) The medical and dental division shall require a medical and dental unit seeking accreditation to undergo a separate, comprehensive review process that includes an evaluation of clinical sites and an assessment of faculty credentials.

Sec. 51.386. ACCREDITATION OF LAW SCHOOLS. (a) The agency shall establish a division dedicated to accrediting law schools.

(b) The legal division shall develop accreditation standards specific to legal education.

(c) The legal division shall collaborate with relevant legal education stakeholders, including the Board of Law Examiners, to ensure the standards developed under Subsection (b) align with educational and legal practice requirements.

(d) The legal division shall require a law school seeking accreditation to undergo a separate, comprehensive review process developed by the agency.

Sec. 51.387. REPORTS. The agency shall submit a report on the status of the agency's activities and institutional compliance:

(1) not later than November 1 of each year, to the board; and

(2) not later than November 1 of each even-numbered year, to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the chairs of the standing legislative committees with primary jurisdiction over higher education.

Sec. 51.388. VOLUNTARY ACCREDITATION PROCESS. (a) An out-of-state postsecondary educational institution or a private or independent institution of higher education may apply for accreditation by the agency.

(b) The agency shall:

(1) establish a process by which an institution described by Subsection (a) may apply for voluntary accreditation;

(2) allow an institution described by Subsection (a) to request to be accredited through the accreditation process provided by the medical and dental division; and

(3) maintain the same academic standards and other standards for voluntary accreditation of an institution described by Subsection (a) as the standards developed for accreditation for institutions of higher education.

Sec. 51.389. FEES. (a) The agency may collect a fee from an institution of higher education, medical and dental unit, law school, out-of-state postsecondary educational institution, or private or independent institution of higher education undergoing the accreditation process under this subchapter. A fee collected under this section may be used only for the agency's operations.

(b) The agency and the board jointly shall prescribe the amount of the fee charged for voluntary accreditation under Section 51.388.

Sec. 51.390. GIFTS, GRANTS, AND DONATIONS. The board may solicit, accept, and use gifts, grants, and donations from public and private sources for the purposes of this subchapter.

Sec. 51.391. RULES. The board shall adopt rules as necessary to implement this subchapter.

Sec. 51.392. TRANSITION TO ACCREDITATION BY AGENCY. (a) Following the expiration of the institution's, unit's, or school's accreditation cycle beginning before January 1, 2027, each institution of higher education, medical and dental unit, and law school must become accredited by the agency, the medical and dental division, or the legal division, as applicable.

(b) An institution of higher education, medical and dental unit, or law school shall submit written notice to the agency of the institution's, unit's, or school's intent to seek accreditation by the agency not later than six months before the date the institution's, unit's, or school's accreditation received before January 1, 2027, is scheduled to expire.

(c) The agency shall provide guidance and support to institutions of higher education, medical and dental units, and law schools throughout the transition to agency accreditation to minimize disruptions and ensure compliance with this subchapter.

(d) This section applies to:

(1) an institution of higher education only if the agency is officially recognized as an accrediting agency by the United States Department of Education;

(2) a medical and dental unit only if the medical and dental division is officially recognized as an accrediting agency by the United States Department of Education; and

(3) a law school only if the legal division is officially recognized as an accrediting agency by the United States Department of Education.

(e) If the board determines that an institution of higher education, medical and dental unit, or law school has failed to substantially comply with this section, the board shall provide the institution, unit, or school and each person described by Section 51.387(2) with written notice of the determination.

(f) An institution of higher education, medical and dental unit, or law school that receives notice under Subsection (e) shall take corrective actions to comply with this section not later than the 180th day after the date of receipt of the notice. If the institution, unit, or school fails to substantially comply with this section by that date, the board shall notify the comptroller of the institution's, unit's, or school's noncompliance.

(g) On receipt of notice under Subsection (f), the comptroller shall withhold all state funding from the institution of higher education, medical and dental unit, or law school until the board notifies the comptroller that the institution, unit, or school is substantially complying with this section.

(h) This section expires September 1, 2037.

SECTION 2. Sections 61.003(13) and (15), Education Code, are amended to read as follows:

(13) "Recognized accrediting agency" means [the Southern Association of Colleges and Schools and] any [other] association or organization approved [so designated] by the board.

(15) "Private or independent institution of higher education" includes only a private or independent college or university that is:

(A) organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);

(B) exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and

(C) accredited by:

(i) a recognized accrediting agency approved by the board for the purpose of accrediting general academic teaching institutions [the Commission on Colleges of the Southern Association of Colleges and Schools];

(ii) the Liaison Committee on Medical Educationa recognized accrediting agency approved by the board for the purpose of accrediting a medical or dental unit; or

(iii) the American Bar Association an accreditor recognized by the United States Department of Education for the purposes of institutional accreditation of law schools.

SECTION 3. Section 61.0515(a), Education Code, is amended to read as follows:

(a) To earn a baccalaureate degree, a student may not be required by a general academic teaching institution to complete more than the minimum number of semester credit hours required for the degree by the institution's recognized accrediting agency [Southern Association of Colleges and Schools or its successor] unless the institution determines that there is a compelling academic reason for requiring completion of additional semester credit hours for the degree.

SECTION 4. Section 61.05151(a), Education Code, is amended to read as follows:

(a) To earn an associate degree, a student may not be required by an institution of higher education to complete more than the minimum number of semester credit hours required for the degree by the institution's recognized accrediting agency [Southern Association of Colleges and Schools or its successor] unless the institution determines that there is a compelling academic reason for requiring completion of additional semester credit hours for the degree.

SECTION 5. Sections 61.222(a), (b), and (d), Education Code, are amended to read as follows:

(a) The coordinating board shall approve only those private or independent colleges or universities that are private or independent institutions of higher education as defined by Section 61.003 as that section existed on January 1, 2025 [or are located within this state and meet the same program standards and accreditation as public institutions of higher education as determined by the board].

(b) The coordinating board may temporarily approve a private or independent institution of higher education as defined by Section 61.003 as that section existed on January 1, 2025, that previously qualified under Subsection (a) but no longer holds the same accreditation as public institutions of higher education. To qualify under this subsection, an institution must be:

(1) accredited by a recognized accrediting agency [an accreditor recognized by the board];

(2) actively working toward the same accreditation as public institutions of higher education;

(3) participating in the federal financial aid program under 20 U.S.C. Section 1070a; and

(4) a "part B institution" as defined by 20 U.S.C. Section 1061(2) and listed in 34 C.F.R. Section 608.2.

(d) The coordinating board shall approve a private or independent institution of higher education as defined by Section 61.003 as that section existed on January 1, 2025, that previously qualified under Subsection (a) but no longer holds the same accreditation as public institutions of higher education. To qualify under this subsection, an institution must be:

(1) accredited by a recognized accrediting agency [an accreditor recognized by the board];

(2) a work college, as that term is defined by 20 U.S.C. Section 1087-58; and

(3) participating in the federal financial aid program under 20 U.S.C. Section 1070a.

SECTION 6. Section 61.8235(f), Education Code, is amended to read as follows:

(f) A student enrolled in a board-established program of study who transfers from a public junior college, public state college, or public technical institute to another public junior college, public state college, or public technical institute that offers a similar program, regardless of whether the institution has adopted the board-established program of study, shall receive academic credit from the institution to which the student transferred for each of the courses that the student has successfully completed in the program of study curriculum. Unless otherwise required by the institution's recognized accrediting agency [Commission on Colleges of the Southern Association of Colleges and Schools], the student may complete the program of study at the institution to which the student transferred by completing only the remaining number of semester credit hours the student would need to complete the program of study at the institution from which the student transferred.

SECTION 7. Section 107.151(c), Education Code, is amended to read as follows:

(c) Notwithstanding any other provision of this subchapter, the university may operate as a general academic teaching institution only after the Texas Higher Education Coordinating Board certifies that the university is accredited by a recognized accrediting agency, as defined by Section 61.003, [the Southern Association of Colleges and Schools Commission on Colleges] and has been approved by the coordinating board to offer one or more degree programs. Until the coordinating board certifies that the conditions of this subsection have been met, the board of regents may operate a branch campus of Texas Woman's University in the city of Dallas.

SECTION 8. Section 107.201(c), Education Code, is amended to read as follows:

(c) Notwithstanding any other provision of this subchapter, the university may operate as a general academic teaching institution only after the Texas Higher Education Coordinating Board certifies that the university is accredited by a recognized accrediting agency, as defined by Section 61.003, [the Southern Association of Colleges and Schools Commission on Colleges] and has been approved by the coordinating board to offer one or more degree programs. Until the coordinating board certifies that the conditions of this subsection have been met, the board of regents may operate a branch campus of Texas Woman's University in the city of Houston.

SECTION 9. Section 130.301, Education Code, is amended by adding Subdivision (3) to read as follows:

(3) "Recognized accrediting agency" has the meaning assigned by Section 61.003.

SECTION 10. Section 130.305, Education Code, is amended to read as follows:

Sec. 130.305. ACCREDITATION. A public junior college offering a baccalaureate degree program under this subchapter must meet all applicable accreditation requirements of a recognized accrediting agency [the Commission on Colleges of the Southern Association of Colleges and Schools].

SECTION 11. Section 130.307(c), Education Code, is amended to read as follows:

(c) Before a public junior college may be authorized to offer a baccalaureate degree program under this subchapter, the public junior college must submit a report to the coordinating board that includes:

(1) a long-term financial plan for receiving accreditation from a recognized accrediting agency [the Commission on Colleges of the Southern Association of Colleges and Schools];

(2) a long-term plan for faculty recruitment that:

(A) indicates the ability to pay the increased salaries of doctoral faculty;

(B) identifies recruitment strategies for new faculty; and

(C) ensures the program would not draw faculty employed by a neighboring institution offering a similar program;

(3) detailed information on the manner of program and course delivery; and

(4) detailed information regarding existing articulation agreements and dual enrollment agreements indicating:

(A) that at least three articulation agreements have been established with general academic teaching institutions or medical and dental units, or the reasons why no articulation agreements have been established; and

(B) that, with the agreement of the applicable general academic teaching institution or medical and dental unit, established articulation agreements are at capacity.

SECTION 12. (a) Not later than January 1, 2026:

(1) the governor shall make the initial appointments of members of the board of trustees of the Texas Accreditation Agency as required by Section 51.383(a), Education Code, as added by this Act; and

(2) the Texas Higher Education Coordinating Board shall hold the initial elections required by Section 51.383(b), Education Code, as added by this Act.

(b) In making the initial appointments, the governor shall appoint two trustees to initial terms expiring February 1, 2031, two trustees to initial terms expiring February 1, 2029, and one trustee to an initial term expiring February 1, 2027.

(c) After the initial elections for trustees, the commissioner of higher education by lot shall determine when the terms of the initial elected trustees expire, with the initial terms of two elected trustees expiring February 1, 2031, two initial terms expiring February 1, 2029, and two initial terms expiring February 1, 2027, except that the initial terms of the two members elected under Section 51.383(a)(2) or (3) may not expire in the same year.

SECTION 13. (a) In this section:

(1) "Agency" means the Texas Accrediting Agency.

(2) "Legal division" means the division of the agency established under Section 51.386, Education Code, as added by this Act.

(3) "Medical and dental division" means the division of the agency established under Section 51.385, Education Code, as added by this Act.

(b) Not later than September 1, 2026, the agency, the medical and dental division, and the legal division shall develop and present the agency's and divisions' respective accrediting processes and criteria to the Texas Higher Education Coordinating Board for review.

(c) Not later than December 1, 2026, the agency, the medical and dental division, and the legal division shall adopt and submit the agency's and divisions' respective accrediting processes and criteria to the legislature.

(d) Not later than January 1, 2027, the agency, the medical and dental division, and the legal division shall request recognition as an accrediting agency for institutions of higher education, medical and dental units, or law schools, as applicable, from the United States Department of Education and perform all actions and submit to the department all materials necessary for that purpose.

SECTION 14. Notwithstanding Section 51.387, Education Code, as added by this Act, the Texas Accreditation Agency shall submit the initial report:

(1) required by Section 51.387(1), Education Code, as added by this Act, not later than November 1, 2027; and

(2) required by Section 51.387(2), Education Code, as added by this Act, not later than November 1, 2028.

SECTION 15. Section 51.388, Education Code, as added by this Act, applies beginning January 1, 2028.

SECTION 16. This Act takes effect September 1, 2025.