85R1403 KSD-D     By: Creighton S.B. No. 1419       A BILL TO BE ENTITLED   AN ACT   relating to eliminating the automatic admission of students to   certain public institutions of higher education and scholarships   for certain students who qualify for automatic admission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 51.805, Education Code,   is amended to read as follows:          Sec. 51.805.  ELIGIBILITY TO APPLY FOR ADMISSION; FACTORS   CONSIDERED IN [OTHER] ADMISSIONS.          SECTION 2.  Section 51.805, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1) and   (a-2) to read as follows:          (a)  A graduating high school student [who does not qualify   for admission under Section 51.803 or 51.804] may apply to any   general academic teaching institution if the student:                (1)  successfully completed:                      (A)  at a public high school, the curriculum   requirements established under Section 28.025 for the foundation   high school program; or                      (B)  at a high school to which Section 28.025 does   not apply, a curriculum that is equivalent in content and rigor to   the foundation high school program; or                (2)  satisfied ACT's College Readiness Benchmarks on   the ACT assessment applicable to the applicant or earned on the SAT   assessment a score of at least 1,500 out of 2,400 or the equivalent.          (a-1)  A student who does not satisfy the curriculum   requirements prescribed by Subsection (a)(1)(A) or (B) is   considered to have satisfied those requirements if the student   completed the portion of the foundation high school program   curriculum or of the curriculum equivalent in content and rigor, as   applicable, that was available to the student but was unable to   complete the remainder of the curriculum solely because courses   necessary to complete the remainder were unavailable to the student   at the appropriate times in the student's high school career as a   result of course scheduling, lack of enrollment capacity, or   another cause not within the student's control.          (a-2)  For purposes of Subsection (a)(1)(A), a student's   official transcript or diploma must, not later than the end of the   student's junior year, indicate:                (1)  whether the student has satisfied or is on   schedule to satisfy the requirements of Subsection (a)(1)(A) or   (B), as applicable; or                (2)  if Subsection (a-1) applies to the student,   whether the student has completed the portion of the foundation   high school program curriculum or of the curriculum equivalent in   content and rigor, as applicable, that was available to the   student.          (b)  [The general academic teaching institution, after   admitting students under Sections 51.803 and 51.804, shall admit   other applicants for admission as undergraduate students.] It is   the intent of the legislature that all institutions of higher   education pursue academic excellence by considering students'   academic achievements in decisions related to admissions. Because   of changing demographic trends, diversity, and population   increases in the state, each general academic teaching institution   shall also consider all of, any of, or a combination of the   following socioeconomic indicators or factors in making first-time   freshman admissions decisions:                (1)  the applicant's academic record;                (2)  the socioeconomic background of the applicant,   including the percentage by which the applicant's family is above   or below any recognized measure of poverty, the applicant's   household income, and the applicant's parents' level of education;                (3)  whether the applicant would be the first   generation of the applicant's family to attend or graduate from an   institution of higher education;                (4)  whether the applicant has bilingual proficiency;                (5)  the financial status of the applicant's school   district;                (6)  the performance level of the applicant's school as   determined by the school accountability criteria used by the Texas   Education Agency;                (7)  the applicant's responsibilities while attending   school, including whether the applicant has been employed, whether   the applicant has helped to raise children, or other similar   factors;                (8)  the applicant's region of residence;                (9)  whether the applicant is a resident of a rural or   urban area or a resident of a central city or suburban area in the   state;                (10)  the applicant's performance on standardized   tests;                (11)  the applicant's performance on standardized tests   in comparison with that of other students from similar   socioeconomic backgrounds;                (12)  whether the applicant attended any school while   the school was under a court-ordered desegregation plan;                (13)  the applicant's involvement in community   activities;                (14)  the applicant's extracurricular activities;                (15)  the applicant's commitment to a particular field   of study;                (16)  the applicant's personal interview;                (17)  the applicant's admission to a comparable   accredited out-of-state institution; and                (18)  any other consideration the institution   considers necessary to accomplish the institution's stated   mission.          SECTION 3.  Section 28.026, Education Code, is amended to   read as follows:          Sec. 28.026.  NOTICE OF REQUIREMENTS FOR [AUTOMATIC COLLEGE   ADMISSION AND] FINANCIAL AID. (a)  The board of trustees of a   school district and the governing body of each open-enrollment   charter school that provides a high school shall require each high   school in the district or provided by the charter school, as   applicable, to post appropriate signs in each school counselor's   office, in each principal's office, and in each administrative   building [indicating the substance of Section 51.803 regarding   automatic college admission and] stating the curriculum   requirements for financial aid authorized under Title 3. To assist   in the dissemination of that information, the district or charter   school shall:                (1)  require that each school counselor and class   advisor at a high school be provided a detailed explanation of [the   substance of Section 51.803 and] the curriculum requirements for   financial aid authorized under Title 3; and                (2)  provide each district or school student, at the   time the student first registers for one or more classes required   for high school graduation, with a written notification, including   a detailed explanation in plain language, of the [substance of   Section 51.803, the] curriculum requirements for financial aid   authorized under Title 3[,] and the benefits of completing the   requirements for that [automatic admission and] financial aid[;                [(3)     require that each school counselor and senior   class advisor at a high school explain to eligible students the   substance of Section 51.803; and                [(4)     not later than the 14th day after the last day of   classes for the fall semester or an equivalent date in the case of a   school operated on a year-round system under Section 25.084,   provide each senior student eligible under Section 51.803 and each   student enrolled in the junior year of high school who has a grade   point average in the top 10 percent of the student's high school   class, and the student's parent or guardian, with a written   notification of the student's eligibility with a detailed   explanation in plain language of the substance of Section 51.803].          (b)  The commissioner shall adopt forms, including specific   language, to use in providing notice under Subsection [Subsections]   (a)(2) [and (4)].  In providing that notice [under Subsection   (a)(2) or (4)], a school district or open-enrollment charter school   shall use the appropriate form adopted by the commissioner.  The   notice [to a student and the student's parent or guardian under   Subsections (a)(2) and (4)] must be on a single form that contains   signature lines to indicate receipt of notice by the student and   [the student's parent or guardian.     The notice under Subsection   (a)(2) must] be signed by the student's counselor in addition to   being signed by the student [and the student's parent or guardian].          SECTION 4.  Section 29.911(b), Education Code, is amended to   read as follows:          (b)  During the designated week, each middle school, junior   high school, and high school shall provide students with   comprehensive grade-appropriate information regarding the pursuit   of higher education.  The information provided must include   information regarding:                (1)  higher education options available to students;                (2)  standard admission requirements for institutions   of higher education, including:                      (A)  overall high school grade point average;                      (B)  required curriculum;                      (C)  college readiness standards and expectations   as determined under Section 28.008; and                      (D)  scores necessary on generally recognized   tests or assessment instruments used in admissions determinations,   including the Scholastic Assessment Test and the American College   Test; and                (3)  [automatic admission of certain students to   general academic teaching institutions as provided by Section   51.803; and                [(4)]  financial aid availability and requirements,   including the financial aid information provided by school   counselors under Section 33.007(b).          SECTION 5.  Section 33.007(b), Education Code, is amended to   read as follows:          (b)  During the first school year a student is enrolled in a   high school or at the high school level in an open-enrollment   charter school, and again during each year of a student's   enrollment in high school or at the high school level, a school   counselor shall provide information about postsecondary education   to the student and the student's parent or guardian.  The   information must include information regarding:                (1)  the importance of postsecondary education;                (2)  the advantages of earning an endorsement and a   performance acknowledgment and completing the distinguished level   of achievement under the foundation high school program under   Section 28.025;                (3)  the disadvantages of taking courses to prepare for   a high school equivalency examination relative to the benefits of   taking courses leading to a high school diploma;                (4)  financial aid eligibility;                (5)  instruction on how to apply for federal financial   aid;                (6)  the center for financial aid information   established under Section 61.0776;                (7)  [the automatic admission of certain students to   general academic teaching institutions as provided by Section   51.803;                [(8)]  the eligibility and academic performance   requirements for the TEXAS Grant as provided by Subchapter M,   Chapter 56; and                (8) [(9)]  the availability of programs in the district   under which a student may earn college credit, including advanced   placement programs, dual credit programs, joint high school and   college credit programs, and international baccalaureate programs.          SECTION 6.  Section 33.009(d), Education Code, is amended to   read as follows:          (d)  An academy developed under this section must provide   counselors and other postsecondary advisors with knowledge and   skills to provide counseling to students regarding postsecondary   success and productive career planning and must include information   relating to:                (1)  each endorsement described by Section   28.025(c-1), including:                      (A)  the course requirements for each   endorsement; and                      (B)  the postsecondary educational and career   opportunities associated with each endorsement;                (2)  available methods for a student to earn credit for   a course not offered at the school in which the student is enrolled,   including enrollment in an electronic course provided through the   state virtual school network under Chapter 30A;                (3)  general academic performance requirements for   admission to an institution of higher education[, including the   requirements for automatic admission to a general academic teaching   institution under Section 51.803];                (4)  regional workforce needs, including information   about the required education and the average wage or salary for   careers that meet those workforce needs; and                (5)  effective strategies for engaging students and   parents in planning for postsecondary education and potential   careers, including participation in mentorships and business   partnerships.          SECTION 7.  Section 39.0232(b), Education Code, is amended   to read as follows:          (b)  A student's performance on an end-of-course assessment   instrument may not be used:                (1)  in determining the student's class ranking for any   purpose[, including entitlement to automatic college admission   under Section 51.803 or 51.804]; or                (2)  as a sole criterion in the determination of   whether to admit the student to a general academic teaching   institution in this state.          SECTION 8.  Section 51.4032, Education Code, is amended to   read as follows:          Sec. 51.4032.  ANNUAL REPORT OF PARTICIPATION IN HIGHER   EDUCATION. Not later than December 1 of each year and in the form   prescribed by the coordinating board, each general academic   teaching institution and medical and dental unit as defined   in  Section 61.003 shall provide to the Texas Higher Education   Coordinating Board and shall publish on the institution's website a   report describing the composition of the institution's entering   class of students.  The report must include a demographic breakdown   of the class, including a breakdown by race, ethnicity, economic   status, and high school class standing.  A report submitted by a   general academic teaching institution or medical and dental unit as   defined in Section 61.003 must include [separate demographic   breakdowns of the students admitted under Sections 51.803, 51.804,   and 51.805 and] a description of any plans, policies, or programs   developed or implemented by the institution to recruit and retain   students from underrepresented groups such as racial or ethnic   minority groups.          SECTION 9.  Section 51.842(a), Education Code, is amended to   read as follows:          (a)  A graduate or professional program of a general academic   teaching institution or medical or dental unit may consider the   following factors in making an admissions or scholarship decision   for admissions into or competitive scholarships for the graduate or   professional program:                (1)  an applicant's academic record as a high school   student and undergraduate student;                (2)  the socioeconomic background of the applicant   while the applicant attended elementary and secondary school and   was an undergraduate student, including any change in that   background;                (3)  whether the applicant would be the first   generation of the applicant's family to attend or graduate from an   undergraduate program or from a graduate or professional program;                (4)  whether the applicant has multilingual   proficiency;                (5)  the applicant's responsibilities while attending   elementary and secondary school and as an undergraduate student,   including whether the applicant was employed, whether the applicant   helped to raise children, and other similar factors;                (6)  to achieve geographic diversity, the applicant's   region of residence at the time of application and, if the applicant   graduated from a public high school in this state within the   preceding 20 years, the region in which the applicant's school   district is located;                (7)  the applicant's involvement in community   activities;                (8)  the applicant's demonstrated commitment to a   particular field of study;                (9)  for admission into a professional program, the   current comparative availability of members of that profession in   the applicant's region of residence while the applicant attended   elementary and secondary school; and                (10)  [whether the applicant was automatically   admitted to a general academic teaching institution as an   undergraduate student under Section 51.803; and                [(11)]  the applicant's personal interview.          SECTION 10.  Section 56.3041(b), Education Code, is amended   to read as follows:          (b)  For purposes of Subsection (a)(2)(A), a student who   graduated under the recommended or advanced high school program is   considered to have successfully completed the curriculum   requirements for the foundation high school program [of Section   51.803(a)(2)(A)(i)]. This subsection expires September 1, 2020.          SECTION 11.  The following provisions of the Education Code   are repealed:                (1)  Sections 33.007(c), 51.803, 51.8035, 51.804, and   51.8045; and                (2)  Subchapter R, Chapter 56.          SECTION 12.  The changes in law made by this Act to   Subchapter U, Chapter 51, Education Code, apply beginning with   admissions to an institution of higher education for the 2018-2019   academic year. Admissions to an institution of higher education   for an academic year before that academic year are governed by the   law in effect immediately before the effective date of this Act, and   the former law is continued in effect for that purpose.          SECTION 13.  The repeal by this Act of Subchapter R, Chapter   56, Education Code, does not affect a student initially awarded a   scholarship under that subchapter for a semester or other academic   term before the effective date of this Act. A student who initially   receives a scholarship for a semester or other academic term before   that date may continue to receive a scholarship under Subchapter R,   Chapter 56, Education Code, as that subchapter existed immediately   before the effective date of this Act, to the extent funds are   available for that purpose, as long as the student remains eligible   for a scholarship under the former law. The Texas Higher Education   Coordinating Board shall adopt rules to administer this section and   shall notify each student who receives a scholarship in the   2017-2018 academic year of the provisions of this section.          SECTION 14.  This Act takes effect January 1, 2018.