SB37 - Relating to the governance of public institutions of higher education, including review of curriculum and certain degree and certificate programs, a faculty council or senate, training for members of the governing board, and the establishment, powers, and duties of the Texas Higher Education Coordinating Board Office of the Ombudsman.

      S.B. No. 37         AN ACT   relating to the governance of public institutions of higher   education, including review of curriculum and certain degree and   certificate programs, a faculty council or senate, training for   members of the governing board, and the establishment, powers, and   duties of the Texas Higher Education Coordinating Board Office of   the Ombudsman.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. CURRICULUM AND ACADEMIC PROGRAMS          SECTION 1.01.  Subchapter F, Chapter 51, Education Code, is   amended by adding Section 51.315 to read as follows:           Sec.   51.315.     GENERAL EDUCATION CURRICULUM REVIEW. (a) In   this section:                 (1)     "General education curriculum" means a core   curriculum, as that term is defined by Section 61.821, and any other   curriculum or competency all undergraduate students of an   institution of higher education are required to complete before   receiving an undergraduate degree.                 (2)     "Governing board" and "institution of higher   education" have the meanings assigned by Section 61.003.           (b)     At least once every five years, the governing board of   each institution of higher education shall conduct a comprehensive   review of the general education curriculum established by the   institution.   In reviewing an institution's general education   curriculum, the governing board shall ensure courses in the   curriculum:                 (1)     are foundational and fundamental to a sound   postsecondary education;                 (2)     are necessary to prepare students for civic and   professional life;                 (3)     equip students for participation in the workforce   and in the betterment of society; and                 (4)     ensure a breadth of knowledge in compliance with   applicable accreditation standards.           (c)     In reviewing the general education curriculum of an   institution of higher education under Subsection (b), the governing   board of the institution shall consider the potential costs the   curriculum may impose on students, including for additional   tuition, fees, and time a student must spend to complete an   undergraduate degree program at the institution.           (d)     Each institution of higher education shall annually   submit to the governing board of the institution an update   regarding any changes to the general education curriculum offered   at the institution. The governing board may reserve the right to   overturn any decision made by the institution regarding any changes   to the general education curriculum offered at the institution.           (e)     The governing board of an institution of higher   education may appoint a committee to assist the governing board in   carrying out its duties under this section, including by making   recommendations to the governing board. Members of the committee   may include:                 (1)  faculty employed full time by the institution;                 (2)  institution administrators;                 (3)  community leaders;                 (4)  industry representatives; and                 (5)  other individuals selected by the governing board.           (f)     Not later than January 1 of each year a review is   conducted under this section, the governing board of each   institution of higher education shall certify the governing board's   compliance with this section to the Texas Higher Education   Coordinating Board and each standing legislative committee and   subcommittee with primary jurisdiction over higher education.          SECTION 1.02.  Section 51.354, Education Code, is amended to   read as follows:          Sec. 51.354.  INSTITUTIONAL AUTHORITY AND RESPONSIBILITY.   (a) The final decision-making authority on matters regarding an   institution of higher education's degree programs and curricula   belongs to the institution. The institution shall make the   decisions on those matters under the direction of the institution's   governing board.           (b)   In addition to specific responsibilities imposed by   this code or other law, each institution of higher education has the   general responsibility to serve the public and, within the   institution's role and mission, to:                (1)  transmit culture through general education;                (2)  extend knowledge;                (3)  teach and train students for professions;                (4)  provide for scientific, engineering, medical, and   other academic research;                (5)  protect intellectual exploration and academic   freedom;                (6)  strive for intellectual excellence;                (7)  provide educational opportunity for all who can   benefit from postsecondary education and training; and                (8)  provide continuing education opportunities.          SECTION 1.03.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.989 to read as follows:           Sec.   51.989.     REVIEW OF MINOR DEGREE AND CERTIFICATE   PROGRAMS. (a)   In this section, "governing board" and "institution   of higher education" have the meanings assigned by Section 61.003.           (b)     The president or chief executive officer of an   institution of higher education shall adopt and implement a process   for reviewing minor degree and certificate programs offered by the   institution to identify programs with low enrollment that may   require consolidation or elimination.           (c)     The criteria for review under Subsection (b) must   require that minor degree and certificate programs have specific   industry data to substantiate workforce demand to avoid   consideration for consolidation or elimination.           (d)     A minor degree or certificate program that has operated   less than five years at the time the president or chief executive   officer of an institution of higher education conducts the review   under this section is exempt from that review.           (e)     The governing board of an institution of higher   education shall approve or deny any decision made by the president   or chief executive officer of the institution to consolidate or   eliminate a minor degree or certificate program as a result of the   review conducted under this section.           (f)     The president or chief executive officer of an   institution of higher education shall conduct a review under this   section once every five years.          SECTION 1.04.  Section 61.052, Education Code, is amended by   adding Subsection (a-1) to read as follows:           (a-1)     A governing board may exclude from the comprehensive   list of courses submitted under Subsection (a) courses that were   not taught as an organized class or provided through individual   instruction for the preceding two academic years.          SECTION 1.05.  Subchapter C, Chapter 61, Education Code, is   amended by adding Section 61.0522 to read as follows:           Sec.   61.0522.     GENERAL EDUCATION CURRICULUM ADVISORY   COMMITTEE. (a) In this section:                 (1)     "Advisory committee" means the general education   curriculum advisory committee established under this section.                 (2)     "General education curriculum" has the meaning   assigned by Section 51.315.           (b)     The board shall establish an advisory committee to   review the general education curriculum requirements of   institutions of higher education.           (c)     The board shall call for nominations from presidents or   chief executive officers, chancellors, and chief academic officers   at all institutions of higher education for representatives to   serve on the advisory committee. The board shall select a number of   representatives determined by the board from those nominated with   nominees drawn equally from two-year and four-year institutions.           (d)     The advisory committee shall consider methods for   determining general education curriculum component courses and for   condensing the number of general education curriculum courses   required at institutions of higher education.           (e)     Not later than November 1, 2026, the advisory committee   shall produce a report regarding the advisory committee's findings   and recommendations under this section and provide the report to   the board.           (f)     Not later than December 31, 2026, the board shall review   the advisory committee's report and submit to the legislature the   board's recommendations for legislative or other action necessary   to implement the findings of the report.           (g)     The advisory committee is abolished and this section   expires September 1, 2027.          SECTION 1.06.  Not later than January 1, 2027, the governing   board of each public institution of higher education shall:                (1)  complete the governing board's initial review in   accordance with Section 51.315, Education Code, as added by this   Act; and                (2)  certify compliance with Section 51.315, Education   Code, as added by this Act, as required by Subsection (f) of that   section.   ARTICLE 2. INSTITUTIONAL GOVERNANCE          SECTION 2.01.  Section 51.352, Education Code, is amended by   amending Subsection (d) and adding Subsections (g) and (h) to read   as follows:          (d)  In addition to powers and duties specifically granted by   this code or other law, each governing board shall:                (1)  establish, for each institution under its control   and management, goals consistent with the role and mission of the   institution;                (2)  appoint the chancellor or other chief executive   officer of the system, if the board governs a university system;                (3)  appoint the president or other chief executive   officer of each institution under the board's control and   management and evaluate the chief executive officer of each   component institution and assist the officer in the achievement of   performance goals;                (4)   approve or deny the hiring of an individual for the   position of provost or deputy, associate, or assistant provost by   each institution under the board's control and management;                 (5)     collaborate with institutions under its control   and management to  set campus admission standards consistent with   the role and mission of the institution and considering the   admission standards of similar institutions nat [Text truncated for display. 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