SB2647 - Relating to the accreditation of postsecondary educational institutions; authorizing fees.

      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 [Text truncated for display. 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