Relating to the accreditation of postsecondary educational institutions; authorizing fees.

89(R) SB 2647 - Introduced version - Bill Text

By: Middleton

S.B. No. 2647

A BILL TO BE ENTITLED

AN ACT

relating to the accreditation of postsecondary educational

institutions; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Education Code, is amended by adding

Subchapters G-1 and G-2 to read as follows:

SUBCHAPTER G-1. QUALITY REVIEW OF ACCREDITING AGENCIES

Sec. 51.371. DEFINITIONS. In this subchapter:

(1)

"Accrediting agency" means an organization,

association, or other entity that accredits postsecondary

educational institutions.

(2)

"Board," "institution of higher education," and

"recognized accrediting agency" have the meanings assigned by

Section 61.003.

Sec.

51.372.

APPROVAL AND REVIEW OF ACCREDITING AGENCIES.

(a) The board shall identify and approve at least three accrediting

agencies best suited to serve as accreditors for institutions of

higher education.

(b)

Subject to Subsections (c) and (d), the board shall

conduct a biennial evaluation of accrediting agencies approved

under Subsection

(a). The evaluation must rate each agency as

unsatisfactory or satisfactory based on evaluation standards

established by board rule. The board shall make the evaluation

standards available to the public on the board's Internet website.

(c)

If an institution of higher education seeks

accreditation from a recognized accrediting agency that the board

has not approved under Subsection (a), the board shall evaluate the

agency under Subsection (b) not later than the fifth anniversary of

the date the institution receives accreditation from the agency.

(d)

If at the time the board would be required to conduct an

evaluation of an accrediting agency under Subsection (b) the board

does not have sufficient information to conduct the evaluation, the

board shall obtain the necessary information and conduct the

evaluation of the agency as soon as practicable.

(e)

The board's evaluation of an accrediting agency under

Subsection (b) must include an assessment of whether the agency

requires or encourages the institution to take action that

conflicts with state law, including Section 51.3525.

(f)

The board may revoke the approval of an accrediting

agency under Subsection (a) if the board determines based on an

evaluation under Subsection (b) that the agency should no longer be

approved.

(g)

Not later than November 1 of each even-numbered year,

the board shall submit to the governor, the lieutenant governor,

the speaker of the house of representatives, the Legislative Budget

Board, and the chairs of the standing legislative committees with

primary jurisdiction over higher education and make available to

the public on the board's Internet website a report of the

evaluations made under this section. The report must include a

ranking of the performance of accrediting agencies approved under

Subsection (a) and information regarding any accrediting agency the

board determines should no longer be approved under that

subsection.

Sec.

51.373.

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 board under Section 51.372(a) with a satisfactory

performance rating under Section 51.372(b).

(b)

An institution of higher education accredited by an

accrediting agency that receives an unsatisfactory performance

rating under Section 51.372(b) shall, at the institution's expense,

obtain accreditation from an accrediting agency approved by the

board under Section 51.372(a) with a satisfactory performance

rating under Section 51.372(b) not later than the earlier of:

(1)

the fifth anniversary of the date the agency

receives the unsatisfactory performance rating; or

(2) a date determined by board rule.

(c)

An institution of higher education accredited by an

accrediting agency with a satisfactory performance rating under

Section 51.372(b) may continue to be accredited by that agency for

as long as the agency maintains a satisfactory performance rating.

Sec.

51.374.

NONCOMPLIANCE. (a) If the board determines

that an institution of higher education has failed to substantially

comply with Section 51.373, the board shall provide the institution

and each person described by Section 51.372(g) with written notice

of the determination.

(b)

An institution of higher education that receives notice

under Subsection (a) shall take corrective actions to comply with

Section 51.373 not later than the 180th day after the date of

receipt of the notice. If the institution fails to substantially

comply with Section 51.373 by that date, the board shall notify the

comptroller of the institution's noncompliance.

(c)

On receipt of notice under Subsection (b), the

comptroller shall withhold all state funding from the institution

of higher education until the board notifies the comptroller that

the institution is substantially complying with Section 51.373.

Sec.

51.375.

RULES. The board shall adopt rules as

necessary to implement this subchapter.

Sec.

51.376.

APPLICABILITY OF SUBCHAPTER. This subchapter

expires on the 30th day after the date on which the board notifies

the secretary of state that each institution of higher education

subject to accreditation by the Texas Accreditation Agency under

Subchapter G-2 is accredited as required by that subchapter. The

secretary of state shall publish notice of that date in the Texas

Register.

SUBCHAPTER G-2. TEXAS ACCREDITATION AGENCY

Sec. 51.381. DEFINITIONS. In this subchapter:

(1)

"Agency" means the Texas Accreditation Agency

established under this subchapter.

(2)

"Board," "general academic teaching institution,"

"institution of higher education," "medical and dental unit,"

"private or independent institution of higher education," and

"public junior college" have the meanings assigned by Section

61.003.

(3)

"Law school" means a postsecondary educational

institution or component of a postsecondary educational

institution that offers a juris doctor or equivalent program.

(4)

"Legal division" means the division in the agency

established under Section 51.386.

(5)

"Medical and dental division" means the division

in the agency established under Section 51.385.

Sec.

51.382.

ESTABLISHMENT. (a) The Texas Accreditation

Agency is established to serve as the primary accrediting body for

institutions of higher education.

(b)

The agency is administratively attached to and

supported by the Texas Higher Education Coordinating Board.

Sec.

51.383.

BOARD OF TRUSTEES. (a) The agency is governed

by a board of trustees that consists of 11 members as follows:

(1) five members appointed by the governor;

(2)

two members elected by general academic teaching

institutions;

(3) two members elected by public junior colleges;

(4)

one member elected by the medical units of the

medical and dental units; and

(5)

one member elected by the dental units of the

medical and dental units.

(b)

The board shall hold an election to elect each member of

the board of trustees described by Subsections (a)(2) through (5).

Each general academic teaching institution, public junior college,

and medical and dental unit may nominate a candidate in the election

for the applicable trustee position being filled in the election

and is entitled to cast one vote in the election.

(c)

A vacancy on the board of trustees is filled in the same

manner as the initial appointment or election for the applicable

position.

(d)

Trustees serve staggered six-year terms, with the terms

of one or two appointed members and the terms of two or three

elected members expiring on February 1 of each odd-numbered year.

(e)

The members of the board of trustees shall elect a

presiding officer from among its membership. The presiding officer

shall:

(1) convene meetings of the board of trustees;

(2)

coordinate and direct the activities of the

agency; and

(3)

communicate with the board regarding the

activities of the agency.

(f)

A trustee is not entitled to compensation but is

entitled to reimbursement for the travel expenses incurred by the

trustee while transacting agency business, as provided by the

General Appropriations Act.

(g)

The agency is subject to Chapters 551, 552, and 2001,

Government Code.

Sec.

51.384.

POWERS AND DUTIES. (a) Subject to Section

51.385 or 51.386, the agency shall develop, implement, and maintain

rigorous accreditation standards for institutions of higher

education. The accreditation standards must ensure quality

education and institutional integrity based on the following

criteria for each institution of higher education:

(1) postsecondary economic outcomes;

(2) debt-to-earning potential of students;

(3) a clearly defined mission that:

(A)

is publicly available and appropriate for

higher education; and

(B)

addresses, as applicable, teaching,

learning, and research;

(4)

a demonstrated commitment to continuous

improvement of educational programs and services to achieve the

institution's mission;

(5)

regular assessment and documentation of

compliance by the institution with accreditation standards; and

(6) any other criteria the board considers necessary.

(b)

Subject to Section 51.385 or 51.386, the agency shall

conduct an evaluation, including an on-site visit, of each

institution of higher education and assign an accreditation status

to the institution based on findings made during the agency's

evaluation.

(c)

The agency shall collaborate with the board to ensure

the accreditation process and criteria are aligned with statewide

educational goals.

(d)

The agency shall develop and maintain a publicly

accessible database on institutions of higher education evaluated

and accredited by the agency, including any findings and

recommendations made by the agency regarding the institution.

Sec.

51.385.

ACCREDITATION OF MEDICAL AND DENTAL SCHOOLS.

(a) The agency shall establish a division dedicated to accrediting

medical and dental units.

(b)

The medical and dental division shall develop

accreditation standards specific to medical and dental education

that take into consideration clinical training, research, and

compliance with state and federal health care regulations.

(c)

The medical and dental division shall collaborate with

relevant health care and medical and dental education stakeholders,

including the Texas Medical Board, the State Board of Dental

Examiners, and the Health and Human Services Commission, to ensure

the standards developed under Subsection (b) align with educational

and practice requirements.

(d)

The medical and dental division shall require a medical

and dental unit seeking accreditation to undergo a separate,

comprehensive review process that includes an evaluation of

clinical sites and an assessment of faculty credentials.

Sec.

51.386.

ACCREDITATION OF LAW SCHOOLS. (a) The agency

shall establish a division dedicated to accrediting law schools.

(b)

The legal division shall develop accreditation

standards specific to legal education.

(c)

The legal division shall collaborate with relevant

legal education stakeholders, including the Board of Law Examiners,

to ensure the standards developed under Subsection (b) align with

educational and legal practice requirements.

(d)

The legal division shall require a law school seeking

accreditation to undergo a separate, comprehensive review process

developed by the agency.

Sec.

51.387.

REPORTS. The agency shall submit a report on

the status of the agency's activities and institutional compliance:

(1)

not later than November 1 of each year, to the

board; and

(2)

not later than November 1 of each even-numbered

year, to the governor, the lieutenant governor, the speaker of the

house of representatives, the Legislative Budget Board, and the

chairs of the standing legislative committees with primary

jurisdiction over higher education.

Sec.

51.388.

VOLUNTARY ACCREDITATION PROCESS. (a) An

out-of-state postsecondary educational institution or a private or

independent institution of higher education may apply for

accreditation by the agency.

(b) The agency shall:

(1)

establish a process by which an institution

described by Subsection (a) may apply for voluntary accreditation;

(2)

allow an institution described by Subsection (a)

to request to be accredited through the accreditation process

provided by the medical and dental division; and

(3)

maintain the same academic standards and other

standards for voluntary accreditation of an institution described

by Subsection (a) as the standards developed for accreditation for

institutions of higher education.

Sec.

51.389.

FEES. (a) The agency may collect a fee from an

institution of higher education, medical and dental unit, law

school, out-of-state postsecondary educational institution, or

private or independent institution of higher education undergoing

the accreditation process under this subchapter. A fee collected

under this section may be used only for the agency's operations.

(b)

The agency and the board jointly shall prescribe the

amount of the fee charged for voluntary accreditation under Section

51.388.

Sec.

51.390.

GIFTS, GRANTS, AND DONATIONS. The board may

solicit, accept, and use gifts, grants, and donations from public

and private sources for the purposes of this subchapter.

Sec.

51.391.

RULES. The board shall adopt rules as

necessary to implement this subchapter.

Sec.

51.392.

TRANSITION TO ACCREDITATION BY AGENCY. (a)

Following the expiration of the institution's, unit's, or school's

accreditation cycle beginning before January 1, 2027, each

institution of higher education, medical and dental unit, and law

school must become accredited by the agency, the medical and dental

division, or the legal division, as applicable.

(b)

An institution of higher education, medical and dental

unit, or law school shall submit written notice to the agency of the

institution's, unit's, or school's intent to seek accreditation by

the agency not later than six months before the date the

institution's, unit's, or school's accreditation received before

January 1, 2027, is scheduled to expire.

(c)

The agency shall provide guidance and support to

institutions of higher education, medical and dental units, and law

schools throughout the transition to agency accreditation to

minimize disruptions and ensure compliance with this subchapter.

(d) This section applies to:

(1)

an institution of higher education only if the

agency is officially recognized as an accrediting agency by the

United States Department of Education;

(2)

a medical and dental unit only if the medical and

dental division is officially recognized as an accrediting agency

by the United States Department of Education; and

(3)

a law school only if the legal division is

officially recognized as an accrediting agency by the United States

Department of Education.

(e)

If the board determines that an institution of higher

education, medical and dental unit, or law school has failed to

substantially comply with this section, the board shall provide the

institution, unit, or school and each person described by Section

51.387(2) with written notice of the determination.

(f)

An institution of higher education, medical and dental

unit, or law school that receives notice under Subsection (e) shall

take corrective actions to comply with this section not later than

the 180th day after the date of receipt of the notice. If the

institution, unit, or school fails to substantially comply with

this section by that date, the board shall notify the comptroller of

the institution's, unit's, or school's noncompliance.

(g)

On receipt of notice under Subsection (f), the

comptroller shall withhold all state funding from the institution

of higher education, medical and dental unit, or law school until

the board notifies the comptroller that the institution, unit, or

school is substantially complying with this section.

(h) This section expires September 1, 2037.

SECTION 2. Sections 61.003(13) and (15), Education Code,

are amended to read as follows:

(13) "Recognized accrediting agency" means [
the

Southern Association of Colleges and Schools and
] any [
other
]

association or organization
approved
[
so designated
] by the board.

(15) "Private or independent institution of higher

education" includes only a private or independent college or

university that is:

(A) organized under the Texas Non-Profit

Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil

Statutes);

(B) exempt from taxation under Article VIII,

Section 2, of the Texas Constitution and Section 501(c)(3) of the

Internal Revenue Code of 1986 (26 U.S.C. Section 501); and

(C) accredited by:

(i)
a recognized accrediting agency

approved by the board for the purpose of accrediting general

academic teaching institutions
[
the Commission on Colleges of the

Southern Association of Colleges and Schools
];

(ii)
the Liaison Committee on Medical

Education
a recognized accrediting agency approved by the board for

the purpose of accrediting a medical or dental unit
; or

(iii)
the American Bar Association
an

accreditor recognized by the United States Department of Education

for the purposes of institutional accreditation of law schools.

SECTION 3. Section 61.0515(a), Education Code, is amended

to read as follows:

(a) To earn a baccalaureate degree, a student may not be

required by a general academic teaching institution to complete

more than the minimum number of semester credit hours required for

the degree by the
institution's recognized accrediting agency

[
Southern Association of Colleges and Schools or its successor
]

unless the institution determines that there is a compelling

academic reason for requiring completion of additional semester

credit hours for the degree.

SECTION 4. Section 61.05151(a), Education Code, is amended

to read as follows:

(a) To earn an associate degree, a student may not be

required by an institution of higher education to complete more

than the minimum number of semester credit hours required for the

degree by the
institution's recognized accrediting agency

[
Southern Association of Colleges and Schools or its successor
]

unless the institution determines that there is a compelling

academic reason for requiring completion of additional semester

credit hours for the degree.

SECTION 5. Sections 61.222(a), (b), and (d), Education

Code, are amended to read as follows:

(a) The coordinating board shall approve only those private

or independent colleges or universities that are private or

independent institutions of higher education as defined by Section

61.003
as that section existed on January 1, 2025
[
or are located

within this state and meet the same program standards and

accreditation as public institutions of higher education as

determined by the board
].

(b) The coordinating board may temporarily approve a

private or independent institution of higher education as defined

by Section 61.003
as that section existed on January 1, 2025,
that

previously qualified under Subsection (a) but no longer holds the

same accreditation as public institutions of higher education. To

qualify under this subsection, an institution must be:

(1) accredited by
a recognized accrediting agency
[
an

accreditor recognized by the board
];

(2) actively working toward the same accreditation as

public institutions of higher education;

(3) participating in the federal financial aid program

under 20 U.S.C. Section 1070a; and

(4) a "part B institution" as defined by 20 U.S.C.

Section 1061(2) and listed in 34 C.F.R. Section 608.2.

(d) The coordinating board shall approve a private or

independent institution of higher education as defined by Section

61.003
as that section existed on January 1, 2025,
that previously

qualified under Subsection (a) but no longer holds the same

accreditation as public institutions of higher education. To

qualify under this subsection, an institution must be:

(1) accredited by
a recognized accrediting agency
[
an

accreditor recognized by the board
];

(2) a work college, as that term is defined by 20

U.S.C. Section 1087-58; and

(3) participating in the federal financial aid program

under 20 U.S.C. Section 1070a.

SECTION 6. Section 61.8235(f), Education Code, is amended

to read as follows:

(f) A student enrolled in a board-established program of

study who transfers from a public junior college, public state

college, or public technical institute to another public junior

college, public state college, or public technical institute that

offers a similar program, regardless of whether the institution has

adopted the board-established program of study, shall receive

academic credit from the institution to which the student

transferred for each of the courses that the student has

successfully completed in the program of study curriculum. Unless

otherwise required by the
institution's recognized accrediting

agency
[
Commission on Colleges of the Southern Association of

Colleges and Schools
], the student may complete the program of

study at the institution to which the student transferred by

completing only the remaining number of semester credit hours the

student would need to complete the program of study at the

institution from which the student transferred.

SECTION 7. Section 107.151(c), Education Code, is amended

to read as follows:

(c) Notwithstanding any other provision of this subchapter,

the university may operate as a general academic teaching

institution only after the Texas Higher Education Coordinating

Board certifies that the university is accredited by
a recognized

accrediting agency, as defined by Section 61.003,
[
the Southern

Association of Colleges and Schools Commission on Colleges
] and has

been approved by the coordinating board to offer one or more degree

programs. Until the coordinating board certifies that the

conditions of this subsection have been met, the board of regents

may operate a branch campus of Texas Woman's University in the city

of Dallas.

SECTION 8. Section 107.201(c), Education Code, is amended

to read as follows:

(c) Notwithstanding any other provision of this subchapter,

the university may operate as a general academic teaching

institution only after the Texas Higher Education Coordinating

Board certifies that the university is accredited by
a recognized

accrediting agency, as defined by Section 61.003,
[
the Southern

Association of Colleges and Schools Commission on Colleges
] and has

been approved by the coordinating board to offer one or more degree

programs. Until the coordinating board certifies that the

conditions of this subsection have been met, the board of regents

may operate a branch campus of Texas Woman's University in the city

of Houston.

SECTION 9. Section 130.301, Education Code, is amended by

adding Subdivision (3) to read as follows:

(3)

"Recognized accrediting agency" has the meaning

assigned by Section 61.003.

SECTION 10. Section 130.305, Education Code, is amended to

read as follows:

Sec. 130.305. ACCREDITATION. A public junior college

offering a baccalaureate degree program under this subchapter must

meet all applicable accreditation requirements of
a recognized

accrediting agency
[
the Commission on Colleges of the Southern

Association of Colleges and Schools
].

SECTION 11. Section 130.307(c), Education Code, is amended

to read as follows:

(c) Before a public junior college may be authorized to

offer a baccalaureate degree program under this subchapter, the

public junior college must submit a report to the coordinating

board that includes:

(1) a long-term financial plan for receiving

accreditation from
a recognized accrediting agency
[
the Commission

on Colleges of the Southern Association of Colleges and Schools
];

(2) a long-term plan for faculty recruitment that:

(A) indicates the ability to pay the increased

salaries of doctoral faculty;

(B) identifies recruitment strategies for new

faculty; and

(C) ensures the program would not draw faculty

employed by a neighboring institution offering a similar program;

(3) detailed information on the manner of program and

course delivery; and

(4) detailed information regarding existing

articulation agreements and dual enrollment agreements indicating:

(A) that at least three articulation agreements

have been established with general academic teaching institutions

or medical and dental units, or the reasons why no articulation

agreements have been established; and

(B) that, with the agreement of the applicable

general academic teaching institution or medical and dental unit,

established articulation agreements are at capacity.

SECTION 12. (a) Not later than January 1, 2026:

(1) the governor shall make the initial appointments

of members of the board of trustees of the Texas Accreditation

Agency as required by Section 51.383(a), Education Code, as added

by this Act; and

(2) the Texas Higher Education Coordinating Board

shall hold the initial elections required by Section 51.383(b),

Education Code, as added by this Act.

(b) In making the initial appointments, the governor shall

appoint two trustees to initial terms expiring February 1, 2031,

two trustees to initial terms expiring February 1, 2029, and one

trustee to an initial term expiring February 1, 2027.

(c) After the initial elections for trustees, the

commissioner of higher education by lot shall determine when the

terms of the initial elected trustees expire, with the initial

terms of two elected trustees expiring February 1, 2031, two

initial terms expiring February 1, 2029, and two initial terms

expiring February 1, 2027, except that the initial terms of the two

members elected under Section 51.383(a)(2) or (3) may not expire in

the same year.

SECTION 13. (a) In this section:

(1) "Agency" means the Texas Accrediting Agency.

(2) "Legal division" means the division of the agency

established under Section 51.386, Education Code, as added by this

Act.

(3) "Medical and dental division" means the division

of the agency established under Section 51.385, Education Code, as

added by this Act.

(b) Not later than September 1, 2026, the agency, the

medical and dental division, and the legal division shall develop

and present the agency's and divisions' respective accrediting

processes and criteria to the Texas Higher Education Coordinating

Board for review.

(c) Not later than December 1, 2026, the agency, the medical

and dental division, and the legal division shall adopt and submit

the agency's and divisions' respective accrediting processes and

criteria to the legislature.

(d) Not later than January 1, 2027, the agency, the medical

and dental division, and the legal division shall request

recognition as an accrediting agency for institutions of higher

education, medical and dental units, or law schools, as applicable,

from the United States Department of Education and perform all

actions and submit to the department all materials necessary for

that purpose.

SECTION 14. Notwithstanding Section 51.387, Education

Code, as added by this Act, the Texas Accreditation Agency shall

submit the initial report:

(1) required by Section 51.387(1), Education Code, as

added by this Act, not later than November 1, 2027; and

(2) required by Section 51.387(2), Education Code, as

added by this Act, not later than November 1, 2028.

SECTION 15. Section 51.388, Education Code, as added by

this Act, applies beginning January 1, 2028.

SECTION 16. This Act takes effect September 1, 2025.