Bill Text: TX HCR129 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Notifying the U.S. Department of Education that certain career schools or colleges are legally authorized by the state of Texas to operate educational programs beyond secondary education.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Signed by the Governor [HCR129 Detail]
Download: Texas-2011-HCR129-Comm_Sub.html
Bill Title: Notifying the U.S. Department of Education that certain career schools or colleges are legally authorized by the state of Texas to operate educational programs beyond secondary education.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Signed by the Governor [HCR129 Detail]
Download: Texas-2011-HCR129-Comm_Sub.html
By: Patrick | H.C.R. No. 129 |
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WHEREAS, On October 29, 2010, the United States Department of | ||
Education released Final Regulations on Program Integrity Issues in | ||
an effort to strengthen federal student aid programs at | ||
postsecondary institutions, and one provision seeks to clarify the | ||
minimum a state must do to authorize a postsecondary institution so | ||
that the institution is able to participate in federal student aid | ||
and other federal funding programs; and | ||
WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to | ||
require that a postsecondary institution "is established by name as | ||
an educational institution by a State through a charter, statute, | ||
constitutional provision, or other action issued by an appropriate | ||
State agency or State entity and is authorized to operate | ||
educational programs beyond secondary education, including | ||
programs leading to a degree or certificate"; and | ||
WHEREAS, Texas law authorizes career schools or colleges to | ||
operate educational programs beyond secondary education, including | ||
programs leading to a degree or certificate; and | ||
WHEREAS, Section 61.003, Education Code, cites state | ||
universities by name, and Section 61.063, Texas Education Code, | ||
establishes a process for naming public community colleges, but | ||
state law regards private institutions of higher education and | ||
private career schools or colleges differently; and | ||
WHEREAS, Rather than naming them, Section 132.001, Education | ||
Code, defines "career school or college" as "any business | ||
enterprise operated for a profit or on a nonprofit basis that | ||
maintains a place of business within this state or solicits | ||
business within this state, that is not specifically exempted by | ||
this chapter, and (A) that offers or maintains a course or courses | ||
of instruction or study; or (B) at which place of business such a | ||
course or courses of instruction or study are available through | ||
classroom instruction or by distance education, or both, to a | ||
person for the purpose of training or preparing the person for a | ||
field of endeavor in a business, trade, technical, or industrial | ||
occupation, or for a vocational or personal improvement"; and | ||
WHEREAS, Each career school or college is established by name | ||
as an educational institution by the State of Texas by actions | ||
issued by an appropriate state agency, including the Texas | ||
Workforce Commission or the Texas Higher Education Coordinating | ||
Board, and is legally authorized by the state of Texas to operate | ||
educational programs beyond secondary education, including | ||
programs leading to a degree or certificate; and | ||
WHEREAS, the State has a process to review and appropriately | ||
act on complaints concerning a career school or college, including | ||
enforcing applicable state laws; and | ||
WHEREAS, Career schools or colleges comply with applicable | ||
state approval or licensure requirements and are established by the | ||
State on the basis of an authorization to conduct business in the | ||
State; now, therefore, be it | ||
RESOLVED, That the 82nd Legislature of the State of Texas | ||
hereby notify the United States Department of Education that the | ||
career schools or colleges that are established and authorized to | ||
operate by name as an educational institution by the State of Texas | ||
by actions issued by an appropriate state agency, including the | ||
Texas Workforce Commission or the Texas Higher Education | ||
Coordinating Board, are legally authorized by the state of Texas to | ||
operate educational programs beyond secondary education, including | ||
programs leading to a degree or certificate, and that therefore the | ||
State of Texas has met the conditions of 34 C.F.R. Section 600.9; | ||
and, be it further | ||
RESOLVED, That the Texas secretary of state forward official | ||
copies of this resolution to the secretary of education, to the | ||
president of each career school or college named, to the president | ||
of the Senate and the speaker of the House of Representatives of the | ||
United States Congress, and to all the members of the Texas | ||
delegation to Congress with the request that this resolution be | ||
entered in the Congressional Record as a memorial to the Congress of | ||
the United States of America. |