HBA-MPM H.B. 2770 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2770
By: Rangel
Higher Education
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

According to demographic research, certain statewide minority population
percentages are not being reflected in the student population of the
state's graduate and professional schools.  H.B. 2770 provides that a
graduate or professional program of a general academic teaching institution
or medical or dental unit must consider factors other than a student's
academic record in making an admission or scholarship decision for that
program.  Furthermore, it prohibits a potential student's performance on a
standardized test to be used in the admissions or scholarship process
unless it is compared  with those scores of other applicants from a similar
socioeconomic background, and prohibits the score from being counted as a
substantial factor in the admissions or scholarship process.  This bill
also requires each institution to publish certain information in its
catalog regarding admissions and competitive scholarship decisions and to
make this information available to the public. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 1 (Section 51.823, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 51, Education Code, by adding Subchapter V, as
follows: 

SUBCHAPTER V.  ADMISSION AND SCHOLARSHIP POLICIES 
FOR GRADUATE AND PROFESSIONAL PROGRAMS

Sec. 51.821.  DEFINITIONS.  Defines for the purposes of this subchapter the
following terms:  "general academic teaching institution," "graduate
program," and "professional program." 

Sec. 51.822.  ADMISSION AND SCHOLARSHIP FACTORS FOR GRADUATE AND
PROFESSIONAL PROGRAMS.  (a)  Provides that a graduate or professional
program (program) of a general academic teaching institution or medical or
dental unit (institution) must consider certain factors other than a
student's academic record in making an admission scholarship decision for
admissions into or competitive scholarships for the program. 

(b)  Authorizes an applicant's performance on a standardized test to be
used in the admissions or competitive scholarship process only to compare
the applicant's test score with those of other applicants from similar
socioeconomic backgrounds.  Provides that if an applicant's performance on
a standardized test is used for that purpose, it must be considered with
other compensatory criteria.  Prohibits the student's test score from
accounting for more than 25 percent of the weight assigned to factors
considered in the admissions or competitive scholarship process. 

(c)  Prohibits an applicant's performance on a standardized test from being
considered in the admissions or competitive scholarship process to
initially screen, limit, or further cease consideration of the applicant;
or in conjunction with other factors to create an  index score to initially
screen, limit, or further cease consideration of the applicant; or in any
other way not authorized by this section. 

(d)  Requires each institution to publish in its catalog a description of
the factors to be considered in making admissions and competitive
scholarship decisions no later than one year before the date that
applications for admissions and scholarships are first considered for a
related program under this subchapter.  Requires the institution or unit to
make the information available to the public. 

(e)  Makes the requirements of Subsection (d) inapplicable to admissions
and competitive scholarships for the 2000 fall semester.  Requires each
institution covered by Subsection (d) to make the required information
available to the public and applicants to its programs no later than
December 1, 1999, for the fall 2000 semester.  Provides that this
subsection expires September 1, 2000. 

Sec. 51.823. RULEMAKING.  Authorizes the Texas Higher Education
Coordinating Board (board) to adopt rules relating to the operation of
admissions and competitive scholarship processes under this subchapter. 

SECTION 2.  (a)  Makes change in law made by this Act applicable beginning
with admissions and competitive scholarships for the 2000-2001 academic
year.  Requires the board and each institution to adopt rules or policies
relating to the admission of students and awarding of scholarships under
Subchapter V, Chapter 51, Education, as added by this Act, no later than
January 1, 2000. 

SECTION 3.Emergency clause.
  Effective date: upon passage.