Bill Text: TX HB4880 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the accreditation of public institutions of higher education; providing a private cause of action.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Higher Education [HB4880 Detail]
Download: Texas-2023-HB4880-Introduced.html
88R9196 CXP-F | ||
By: Tepper | H.B. No. 4880 |
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relating to the accreditation of public institutions of higher | ||
education; providing a private cause of action. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 51, Education Code, is amended by adding | ||
Subchapter G-1 to read as follows: | ||
SUBCHAPTER G-1. ACCREDITATION OF INSTITUTIONS OF HIGHER EDUCATION | ||
Sec. 51.371. DEFINITIONS. In this subchapter: | ||
(1) "Accrediting agency" means any organization, | ||
association, or other entity that accredits postsecondary | ||
educational institutions. | ||
(2) "Commission" means the Texas Higher Education | ||
Accreditation Commission established by this subchapter. | ||
(3) "Institution of higher education" has the meaning | ||
assigned by Section 61.003. | ||
Sec. 51.372. TEXAS HIGHER EDUCATION ACCREDITATION | ||
COMMISSION. (a) The commission is an independent state agency | ||
directly accountable to the governor. | ||
(b) The commission is composed of nine members of the public | ||
appointed as follows: | ||
(1) three members appointed by the governor; | ||
(2) three members appointed by the lieutenant | ||
governor; and | ||
(3) three members appointed by the speaker of the | ||
house of representatives. | ||
(c) At least two of the three commission members appointed | ||
under Subsections (b)(1), (b)(2), and (b)(3) must be an employer or | ||
representative of an association of employers in a target | ||
occupations field, as determined by the Texas Workforce Commission. | ||
Sec. 51.373. APPROVAL AND REVIEW OF ACCREDITING AGENCIES. | ||
(a) The commission shall identify and approve at least three | ||
accrediting agencies best suited to serve as accreditors for | ||
institutions of higher education. | ||
(b) The commission shall conduct a biennial evaluation of | ||
approved accrediting agencies. The evaluation must rate each | ||
agency as unsatisfactory, satisfactory, or exemplary based on | ||
evaluation standards established by the commission. The commission | ||
shall publish the evaluation standards in a manner that is easily | ||
accessible to the general public. | ||
(c) The commission's evaluation of each approved | ||
accrediting agency must include an assessment of: | ||
(1) educational and labor market outcomes for students | ||
attending an institution accredited by the agency, including: | ||
(A) the percentage of students who return to the | ||
accredited institution after completing their first year of study; | ||
(B) degree or credential completion and | ||
graduation rates; | ||
(C) the percentage of institution graduates | ||
employed in a field related to the credential or degree received | ||
within one year of graduation, to the extent that data is available; | ||
(D) the median student loan debt among borrowers | ||
attending the institution; | ||
(E) the percentage of students at each accredited | ||
institution who fully repay their student loans within the standard | ||
10-year repayment period; and | ||
(F) the median earnings of institution graduates | ||
expressed as a yearly amount and as a percentage of median student | ||
debt among borrowers, as reported by the U.S. Department of | ||
Education's College Scorecard or successor tool; and | ||
(2) whether the agency takes or considers taking | ||
action with respect to an institution's accreditation in a manner | ||
that would hinder or interfere with the authority of the | ||
institution's governing board and the institution's accountability | ||
to the legislature. | ||
(d) Not later than November 1 of each even-numbered year, | ||
the commission shall submit a report of the evaluation made under | ||
this section to the governor, lieutenant governor, speaker of the | ||
house of representatives, Legislative Budget Board, and chairs of | ||
the standing committees of each house of the legislature with | ||
primary jurisdiction over higher education. The report must | ||
include a ranking of the performance of approved accrediting | ||
agencies and information on any accrediting agency the commission | ||
determines should no longer be approved due to poor performance. | ||
Sec. 51.374. 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 commission with a performance rating of | ||
satisfactory or higher. | ||
(b) An institution of higher education accredited by an | ||
accrediting agency that receives an unsatisfactory performance | ||
rating from the commission shall, at the institution's expense, | ||
obtain accreditation from a different approved accrediting agency | ||
with at least a satisfactory performance rating as of the date the | ||
institution's current accreditation expires. | ||
(c) An institution of higher education accredited by an | ||
accrediting agency with a satisfactory performance rating shall, at | ||
the institution's expense, obtain accreditation from a different | ||
approved accrediting agency at the institution's next | ||
accreditation renewal date after 15 years have elapsed from the | ||
date of the institution's current accreditation. | ||
(d) An institution of higher education accredited by an | ||
accrediting agency with an exemplary performance rating shall, at | ||
the institution's expense, obtain accreditation from a different | ||
approved accrediting agency at the institution's next | ||
accreditation renewal date after 20 years have elapsed from the | ||
date of the institution's current accreditation. | ||
(e) Notwithstanding any other law, an institution of higher | ||
education may not receive any state funding for a state fiscal year | ||
following a state fiscal year in which the coordinating board | ||
determines that the institution has not substantially complied with | ||
the requirements of this section. | ||
Sec. 51.375. CAUSE OF ACTION. An institution of higher | ||
education that is adversely impacted by retaliatory action taken | ||
against the institution by an accrediting agency may bring an | ||
action against the accrediting agency in a court of competent | ||
jurisdiction and may be awarded liquidated damages up to the amount | ||
of federal financial aid received by the institution in the most | ||
recent academic year, court costs, and reasonable attorney's fees. | ||
SECTION 2. (a) As soon as practicable after the effective | ||
date of this Act, the governor, lieutenant governor, and speaker of | ||
the house of representatives shall appoint the members to the Texas | ||
Higher Education Accreditation Commission as provided by Section | ||
51.372, Education Code, as added by this Act. | ||
(b) The Texas Higher Education Accreditation Commission | ||
established under Subchapter G-1, Chapter 51, Education Code, as | ||
added by this Act, shall identify and approve accrediting agencies | ||
as required by Section 51.373(a), Education Code, as added by this | ||
Act, not later than September 1, 2024. | ||
SECTION 3. This Act takes effect September 1, 2023. |