By: Bowers, et al. (Senate Sponsor - Kolkhorst) H.B. No. 5264          (In the Senate - Received from the House May 8, 2023;   May 10, 2023, read first time and referred to Committee on Natural   Resources & Economic Development; May 22, 2023, reported   adversely, with favorable Committee Substitute by the following   vote:  Yeas 9, Nays 0; May 22, 2023, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 5264 By:  Kolkhorst     A BILL TO BE ENTITLED   AN ACT     relating to the adoption and use of certain performance indicators   to measure and evaluate career school or college programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 132, Education Code, is   amended by adding Section 132.027 to read as follows:          Sec. 132.027.  PERFORMANCE INDICATORS. (a)  In this   section, "institution of higher education" has the meaning assigned   by Section 61.003.          (b)  The commission shall adopt a set of performance   indicators for the purpose of measuring and evaluating career   schools or colleges and the quality of the learning and achievement   of students enrolled in programs operated by career schools or   colleges. The commission periodically shall review the indicators   and make appropriate revisions based on that review.          (c)  The performance indicators adopted under Subsection (b)   must allow for the assessment of a career school or college program   with respect to:                (1)  industry recognition of the program and the   corresponding value that industry attaches to the program and to   any certifications or licenses related to the program;                (2)  the rate at which students are able to   successfully complete the program;                (3)  the availability of a program-related   certification or license after a student completes the program;                (4)  the likelihood that a certification or license   related to the program will:                      (A)  lead to postsecondary work, an   apprenticeship program, or established industry credentials; or                      (B)  support employment in this state;                (5)  whether a program-related certification or   license will be awarded by an independent third-party organization   using predetermined standards for knowledge, skills, and   competencies;                (6)  the inclusion of accepted best practices for the   program that align to best practices contained in:                      (A)  widely accepted industry standards; or                       (B)  standards established by an independent   third-party organization with expertise in gathering information   from employers related to the value attached to any certifications   or licenses related to the program; and                (7)  for a nursing education program, whether the   program has resulted in a decrease in the number of clinical   practice positions available to students enrolled in nursing   programs in institutions of higher education in the region in which   the program is offered.          (d)  The commission shall:                (1)  develop a methodology for determining the minimum   acceptable standards for a career school or college based on the   performance indicators adopted under Subsection (b);                (2)  evaluate annually between 15 and 20 percent of   career school and college programs in this state for compliance   with the minimum acceptable standards described by Subdivision (1);   and                (3)  coordinate with the Texas Board of Nursing and   other appropriate state agencies in implementing and administering   this section.          (e)  A career school or college offering a program that fails   to meet the minimum standards developed under Subsection (d) is   ineligible to:                (1)  enter into a contract with a local workforce   development board with respect to that program; or                (2)  obtain nursing clinical practice positions in this   state until the career school or college provides evidence   satisfactory to the commission and the Texas Board of Nursing that a   nursing education program offered by the career school or college   will not result in a decrease in the number of nursing clinical   practice positions available to students enrolled in nursing   programs in institutions of higher education in the region in which   the program is offered.          (f)  Not later than September 1 of each year, the commission   shall publish a list of each career school and college program that   has been reviewed by the commission and that meets the minimum   acceptable standards developed under Subsection (d).          (g)  Rules adopted by the commission under Section 132.021   must include rules for the periodic review of performance   indicators.          (h)  On request by the commission, the Texas Board of Nursing   and other appropriate state agencies shall coordinate with the   commission for purposes of Subsection (d)(3), including by   providing available data or other information to the commission.          SECTION 2.  Not later than September 1, 2025, the Texas   Workforce Commission shall publish the initial list required under   Section 132.027(f), Education Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2023.     * * * * *