S.B. No. 1091 AN ACT relating to limitations on courses that may be offered for dual credit by school districts and public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 28.009, Education Code, is amended by adding Subsections (a-4), (a-5), and (b-1) to read as follows: (a-4) A dual credit course offered under this section must be: (1) in the core curriculum of the public institution of higher education providing college credit; (2) a career and technical education course; or (3) a foreign language course. (a-5) Subsection (a-4) does not apply to a dual credit course offered as part of the early college education program established under Section 29.908 or any other early college program that assists a student in earning a certificate or an associate degree while in high school. (b-1) The agency and the Texas Higher Education Coordinating Board shall coordinate as necessary to adopt rules for the implementation of Subsections (a-4) and (a-5). In adopting those rules, the agency and the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code, and consult with relevant stakeholders. SECTION 2. Section 51.968, Education Code, is amended by amending Subsections (b) and (c) and adding Subsections (d), (d-1), and (d-2) to read as follows: (b) Each institution of higher education that offers freshman-level courses shall adopt and implement a policy to grant undergraduate course credit to entering freshman students who have: (1) successfully completed the International Baccalaureate Diploma Program; (2) [, who have] achieved required scores on one or more examinations in the Advanced Placement Program or the College-Level Examination Program;[,] or (3) [who have] successfully completed one or more dual credit courses [offered through concurrent enrollment in high school and at an institution of higher education]. (c) In the policy, the institution shall: (1) establish the institution's conditions for granting course credit, including the minimum required scores on CLEP examinations, Advanced Placement examinations, and examinations for courses constituting the International Baccalaureate Diploma Program; and (2) based on the correlations identified under Subsection (f), identify the specific course credit or other academic requirements of the institution, including the number of semester credit hours or other course credit, that the institution will grant to a student who: (A) successfully completes the diploma program; (B) achieves required scores on CLEP examinations or Advanced Placement examinations; or (C) [, who] successfully completes a dual credit course [through concurrent enrollment, or who achieves required scores on CLEP examinations or Advanced Placement examinations]. (d) The policy adopted by an institution of higher education under Subsection (b) must provide that the institution may grant undergraduate course credit for a dual credit course only if the course is: (1) in the core curriculum of the institution of higher education that offered the course; (2) a career and technical education course; or (3) a foreign language course. (d-1) Subsection (d) does not apply to a dual credit course completed by a student as part of the early college education program established under Section 29.908 or any other early college program that assists a student in earning a certificate or an associate degree while in high school. (d-2) The coordinating board, in coordination with the Texas Education Agency, shall adopt rules to implement Subsections (d) and (d-1). In adopting those rules, the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code, and consult with relevant stakeholders. SECTION 3. Section 130.008, Education Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to read as follows: (a-1) A course offered for joint high school and junior college credit under this section must be: (1) in the core curriculum of the public junior college; (2) a career and technical education course; or (3) a foreign language course. (a-2) Subsection (a-1) does not apply to a course offered for joint high school and junior college credit to a student as part of the early college education program established under Section 29.908 or any other early college program that assists a student in earning a certificate or an associate degree while in high school. (a-3) The Texas Higher Education Coordinating Board, in coordination with the Texas Education Agency, shall adopt rules to implement Subsections (a-1) and (a-2). In adopting those rules, the coordinating board shall use the negotiated rulemaking procedures under Chapter 2008, Government Code, and consult with relevant stakeholders. SECTION 4. The changes in law made by this Act apply beginning with dual credit courses offered for the 2018 spring semester. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1091 passed the Senate on April 3, 2017, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendments on May 27, 2017, by the following vote: Yeas 30, Nays 1. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1091 passed the House, with amendments, on May 24, 2017, by the following vote: Yeas 135, Nays 11, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor