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.