Texas High School Equivalency and Early College Access Act
Texas Education Code · Chapters 7, 25, 29, 39, 48, 51, and 61
Expands access to the Texas Certificate of High School Equivalency beginning at age 13,
opens testing to any qualified examination provider, establishes free preparation and weekly testing,
informs parents before each test, credits districts that prepare their students as graduating them, requires
equal treatment by public institutions of higher education, and phases in statewide online course and
program access.
By: ____________________
H.B. No. ______
A BILL TO BE ENTITLED AN ACT
relating to high school equivalency examinations and certificates, public school
attendance and high school equivalency preparation and testing services, public school accountability
for students who earn high school equivalency certificates, recognition of high school equivalency
certificates by public institutions of higher education, online courses and degree and certificate
programs at public institutions of higher education, and related funding and oversight.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. HIGH SCHOOL EQUIVALENCY EXAMINATION AND CERTIFICATE
SECTION 1.01.
Section 7.111, Education Code, is amended to read as follows:
Sec. 7.111. HIGH SCHOOL EQUIVALENCY EXAMINATION AND CERTIFICATE.
(a)The State Board of Education shall provide for the
administration of one or more approved high school equivalency examinations and for the issuance by the
agency of the Texas Certificate of High School Equivalency.
(b)In this section:
(1)"Agency" means the Texas Education Agency.
(2)"Approved examination" means a provider-neutral
examination approved by the board to determine whether an examinee has demonstrated academic knowledge
and skills equivalent to those expected of a high school graduate in this state.
(3)"Board" means the State Board of Education.
(4)"Business day" means a day other than a Saturday,
Sunday, or state holiday.
(5)"Certificate" means the Texas Certificate of High
School Equivalency.
(6)"Examination provider" means a person with which the
agency contracts, that the agency approves, or that a school district, open-enrollment charter school,
education service center, or institution of higher education selects or establishes under Subsection
(e-1) to develop, score, administer, or provide an approved examination.
(7)"Qualifying score" means the objectively determined
minimum passing score established and published for a subject of an approved examination.
(8)"Subject examination" means the separately scored
portion of an approved examination that measures one required subject or competency area.
(9)"Texas resident" means an individual who resides in
this state, without regard to the duration of the individual's residence.
(c)A Texas resident is entitled to take an approved
examination if the resident:
(1)is at least 13 years of age on the date of the
examination;
(2)has not received a high school diploma; and
(3)satisfies reasonable identity and examination-security
requirements adopted under this section.
(d)Eligibility under Subsection (c) may not be
conditioned on:
(1)the consent of a parent, guardian, school district,
open-enrollment charter school, court, public agency, or other person;
(2)withdrawal, nonenrollment, or termination of enrollment
in a public, private, parochial, or home school or any other education program;
(3)a recommendation or order of a court or public agency;
(4)completion of a grade level, course, minimum number of
instructional hours, preparation program, practice examination, or readiness assessment;
(5)the examinee's reason for taking the examination or
intended education or employment path; or
(6)any condition not expressly authorized by this section.
(e)The board shall adopt objective, publicly available
standards for approval and passage of an examination. The board shall maintain a nonexclusive approval
process that:
(1)permits approval of more than one examination provider;
(2)uses published academic, security, accessibility,
reliability, and data-interoperability criteria;
(3)does not confer an exclusive statutory preference on a
privately owned examination or trademark; and
(4)permits the agency to develop, procure, or approve a
replacement examination if necessary to preserve continuous statewide access.
(e-1)A school district, open-enrollment charter school,
education service center, or institution of higher education may select any approved examination and any
examination provider approved under this section, or may develop or administer its own examination. An
examination developed by an entity described by this subsection may be used to qualify an examinee for
the certificate only after the board approves the examination under the standards adopted under
Subsection (e), which apply on the same terms to every examination regardless of who develops it. The
state may not require a school district, open-enrollment charter school, education service center, or
institution of higher education to use a single or favored examination or examination provider.
(e-2)Each examination provider, and each entity described
by Subsection (e-1) that develops, administers, or provides an approved examination, shall accept for
examination every person who is eligible under Subsection (c), including a person who is at least 13
years of age, and may not impose a minimum age above 13 years of age or a condition prohibited by
Subsection (d). The board may not approve, and shall revoke the approval of, an examination or
examination provider that does not comply with this subsection.
(f)The board by rule shall provide reasonable procedures
for verifying identity, protecting examination security, preventing fraud, and providing accommodations
required by state or federal law. A procedure adopted under this subsection may not have the purpose or
effect of materially burdening a right established by this section.
(g)An eligible examinee may take an unpassed subject
examination once during each consecutive seven-day period. An examination provider, testing center, or
governmental entity may not:
(1)impose a numerical limit on attempts to pass an
unpassed subject examination;
(2)require a waiting period longer than the period
prescribed by this subsection; or
(3)refuse an otherwise available testing appointment
because the examinee remains enrolled in an education program.
(g-1)If an examinee is younger than 18 years of age and
the examinee's disabilities of minority have not been removed, the examination provider, testing center,
school district, open-enrollment charter school, or other entity that registers the examinee for a
subject examination shall provide written or electronic notice to the examinee's parent, guardian, or
other person having lawful control of the examinee that the examinee is registered to take the subject
examination, including the subject and the date, time, and location of the examination. The notice must
be provided at the time of registration or as soon as practicable after registration and, if
registration occurs at least one business day before the examination, before the examination begins.
Notice under this subsection is informational only. This subsection does not authorize a consent
requirement prohibited by Subsection (d)(1), and a failure to provide notice does not invalidate an
examination, score, or certificate or delay or cancel a testing appointment.
(h)A qualifying score on a subject examination:
(1)remains valid until the first anniversary of the date
on which the score was earned;
(2)may not be repeated while the score remains valid; and
(3)expires only if the examinee has not earned valid
qualifying scores on all required subject examinations before that anniversary.
(i)An examinee qualifies for the certificate when the
examinee concurrently holds a valid qualifying score on every required subject examination. Expiration
of an underlying score after the certificate is earned does not affect the validity of the certificate.
(j)The agency shall maintain an electronic account
through which an examinee may view:
(1)each score and the date on which the score was earned;
(2)the expiration date of each qualifying score;
(3)a diagnostic report identifying tested competencies and
areas in which further preparation may be useful; and
(4)the examinee's certificate, transcript, and official
verification after qualification.
(k)The agency shall provide notice to an examinee not
later than the 90th, 60th, 30th, and seventh day before a qualifying score expires. A change in
examination provider, examination design, agency contract, or agency rule may not shorten the validity
period of a qualifying score.
(l)An examination provider shall transmit a complete and
authenticated score record to the agency not later than the next business day after the provider scores
the examination. The provider shall simultaneously make the score record available to the examinee.
(m)Issuance of the certificate is a ministerial duty. Not
later than the third business day after the agency receives the final qualifying score required by
Subsection (i), the agency shall issue electronically and without charge:
(1)the certificate;
(2)an official transcript of examination scores; and
(3)an official electronic verification of the certificate.
(n)The legal effective date of a certificate is the date
the agency receives the final qualifying score required by Subsection (i). If the agency does not issue
the certificate within the period required by Subsection (m), the authenticated score records showing
that the examinee has satisfied Subsection (i), together with an automatically generated agency
verification of receipt, constitute the certificate by operation of law until the agency performs its
duty under Subsection (m). A person or governmental entity may not deny the credential's legal effect
because the agency failed to issue the formal document on time.
(o)The agency, board, examination provider, or testing
center may not delay or deny a certificate based on the examinee's:
(1)age, if the examinee was eligible under Subsection (c)
when tested;
(2)continued enrollment in an education program;
(3)reason for taking the examination;
(4)intended withdrawal from or continuation in an
education program; or
(5)intended college attendance or other postsecondary
plan.
(p)An examinee must receive, without a means test or
charge:
(1)preparation services and required preparation materials
provided under Subchapter C-2, Chapter 29;
(2)each examination and retest authorized by this section;
(3)required accommodations;
(4)each score and diagnostic report;
(5)the initial electronic certificate, transcript, and
ordinary electronic verification; and
(6)electronic replacement copies of the certificate and
transcript.
(q)The agency may charge only the actual production and
mailing cost of an optional physical replacement document requested after the initial certificate is
issued. Inability or refusal to pay for an optional physical copy does not affect the validity or
electronic availability of the certificate.
(r)An examinee may submit electronically to the agency a
notice alleging an error or failure relating to score transmission, score validity, qualification, or
certificate issuance. The agency shall:
(1)acknowledge the notice not later than the next business
day; and
(2)correct the error or issue a written decision supported
by the record not later than the second business day after acknowledgment.
(s)After expiration of the period prescribed by
Subsection (r), the examinee, the examinee's parent or next friend, or an attorney acting for the
examinee may bring an action for declaratory or injunctive relief in a district court in Travis County
or the county in which the examinee resides. The court shall give the action priority over other civil
matters that are not entitled to priority by law. An authenticated score record is prima facie evidence
of the score shown.
(t)Sovereign and governmental immunity are waived and
abolished to the extent of liability for prospective declaratory or injunctive relief, court costs, and
reasonable attorney's fees in an action under Subsection (s). A claimant is not required to exhaust
another administrative remedy after complying with Subsection (r).
(u)The agency and board shall adopt rules necessary to
administer this section. A rule, contract, provider term, local policy, or institutional policy that
conflicts with this section is void to the extent of the conflict.
ARTICLE 2. PUBLIC SCHOOL PREPARATION, TESTING ACCESS, AND ACCOUNTABILITY
SECTION 2.01.
Chapter 29, Education Code, is amended by adding Subchapter C-2 to read as follows:
SUBCHAPTER C-2. HIGH SCHOOL EQUIVALENCY PREPARATION AND TESTING ACCESS
Sec. 29.111. DEFINITIONS.
In this subchapter:
(1)"Approved provider" means a public or private entity
approved under Section 29.118 to provide preparation, testing, or related services.
(2)"Fully online" means accessible by a student through
the Internet without requiring the student to travel to a particular physical location.
(3)"Preparation services" means instruction, tutoring,
instructional materials, practice opportunities, diagnostic services, and live academic assistance
designed to prepare a student for an approved high school equivalency examination under Section 7.111.
(4)"Testing center" means a location approved by the
agency at which an approved examination is administered under secure and accessible conditions.
Sec. 29.112. APPLICABILITY.
This subchapter applies to:
(1)a school district or open-enrollment charter school
that serves students in any grade from grade 6 through grade 12; and
(2)an education service center that provides a service
under this subchapter.
Sec. 29.113. PREPARATION SERVICES REQUIRED.
(a)Each school district and open-enrollment charter
school to which this subchapter applies shall provide or contract for preparation services that:
(1)cover every subject and competency tested by each
approved examination reasonably available to students served by the district or school;
(2)are available both in person and fully online;
(3)include all required instructional materials and
reasonable practice opportunities;
(4)include diagnostic feedback and access to live
assistance from a qualified instructor or tutor;
(5)comply with applicable state and federal disability and
accessibility requirements; and
(6)are offered without charge or means testing.
(b)Fully online preparation services must be available to
any Texas resident who is enrolled in grade 6 or a higher grade or is otherwise eligible to take an
examination under Section 7.111.
(c)A district or school may not require a person seeking
preparation services to:
(1)withdraw from or, if the person is eligible to take the
examination under Section 7.111, enroll in the district or school;
(2)state an intention to leave school; or
(3)agree to take the examination or leave an education
program after receiving preparation.
(d)Participation in preparation services is voluntary and
may not be made a condition of examination eligibility.
Sec. 29.114. WEEKLY TESTING ACCESS.
(a)Each school district shall ensure that an eligible
resident of the district and each student attending a campus in the district has access within the
district to:
(1)at least one approved testing center; and
(2)at least one opportunity to take each available subject
examination during each consecutive seven-day period.
(b)An open-enrollment charter school shall ensure that
each student attending the school has access to the testing opportunities required by Subsection (a) at
a campus, administrative facility, or testing center reasonably accessible to the student.
(c)A district or school may satisfy this section by:
(1)operating a testing center;
(2)contracting with an approved provider;
(3)entering into a written joint arrangement with another
district, school, education service center, or institution of higher education; or
(4)using another facility controlled by the district or
school.
(d)A joint arrangement is permitted only if it guarantees
weekly capacity, accessibility, and service without cost to the examinee. A district or school may not
require a testing center in every building.
(e)A district or school shall use existing facilities and
space to the extent reasonably practicable before acquiring or constructing additional space.
Sec. 29.115. PROTECTED ABSENCE AND RELEASE TIME.
(a)A student registered for a subject examination is
entitled to the time reasonably necessary to travel to, take, and return from the examination.
(b)If the examination schedule or necessary travel makes
attendance impracticable, the student is entitled to an excused absence for the entire school day.
(c)A district or school may require the student to
complete missed work under the same rules applied to other excused absences but may not impose loss of
course credit, disciplinary action, a truancy referral, loss of eligibility, or another penalty because
of the absence.
Sec. 29.116. CONTINUED ENROLLMENT AFTER CERTIFICATE.
(a)A student's duty to attend school ends on the legal
effective date of the student's certificate under Section 7.111.
(b)A certificate holder who was enrolled in a school
district or open-enrollment charter school on the certificate's legal effective date may, but is not
required to, remain enrolled through the end of the school year in which the certificate became
effective if the holder satisfies the ordinary eligibility and conduct requirements that apply to other
voluntarily enrolled students.
(c)Voluntary continued enrollment under this section does
not renew or create a compulsory attendance duty. Enrollment after the school year described by
Subsection (b) is governed by otherwise applicable law.
(d)Nothing in this section limits a right or service
guaranteed to a student with a disability by federal law, including the right to a free appropriate
public education if applicable under federal law.
Sec. 29.117. STUDENT RECORDS.
(a)A student who earns a certificate under Section 7.111
has completed the student's secondary education. The agency shall establish a completion code for a
student who earns a certificate under Section 7.111.
(b)A district or school may not report a student who
earns a certificate under Section 7.111 as a dropout.
Sec. 29.118. APPROVED PROVIDERS AND LOCAL SELECTION.
(a)The agency shall maintain a nonexclusive roster of
approved nonprofit and for-profit preparation and testing providers.
(b)Approval standards must be objective, published,
competitively neutral, and reasonably related to instructional quality, examination security,
accessibility, data reporting, financial integrity, and student protection.
(c)The agency shall:
(1)accept applications for approval at least twice each
year;
(2)publish each approved provider's ownership, services,
geographic coverage, and maximum approved rates;
(3)prohibit an undisclosed conflict of interest or
preferential treatment for a provider; and
(4)provide notice and an opportunity for review before
denying, suspending, or revoking approval.
(d)A district, charter school, or education service
center may provide services directly or select one or more approved providers under the entity's
ordinary procurement and conflict-of-interest requirements. This subchapter does not authorize a
sole-source contract or an exemption from otherwise applicable competitive procurement law.
(e)A provider selected locally under this section may
submit a claim for direct state payment only after the selecting entity verifies the services as
required by Section 48.318.
Sec. 29.119. ACCESS MAY NOT DEPEND ON APPROPRIATION OR PROVIDER CONTRACT.
A district or school remains responsible for providing the access required by this
subchapter regardless of whether the district or school provides the service directly or through a
contractor. A contract may not restrict a student's statutory right because a payment rate, contract
allocation, or provider quota has been reached.
SECTION 2.02.
Section 39.053(c)(1)(B)(ix), Education Code, is amended to read as follows:
(ix)high school graduation
rates, computed in accordance with standards and definitions adopted in compliance with the Every
Student Succeeds Act (20 U.S.C. Section 6301 et seq.) subject to the exclusions provided by Subsections
(g), (g-1), (g-2), (g-3), (g-4), and (g-6) and the requirements of Subsection (g-5);
SECTION 2.03.
Section 39.053, Education Code, is amended by adding Subsections (g-5), (g-6), (g-7),
and (g-8) to read as follows:
(g-5)Notwithstanding Subsection (c)(1)(B)(ix) or another
provision of this subchapter, in computing a high school graduation rate or dropout rate used to
evaluate the performance of a school district or campus under this chapter, the commissioner shall count
as a graduate of the district or campus a student who:
(1)earned a Texas Certificate of High School Equivalency
under Section 7.111 while enrolled in the district or campus; and
(2)before earning the certificate, successfully completed
a high school equivalency preparation course provided by the district or campus under Subchapter C-2,
Chapter 29, directly or through an approved provider selected by the district or campus under Section
29.118, as determined under completion criteria adopted by commissioner rule.
(g-6)A student who earned a Texas Certificate of High
School Equivalency under Section 7.111 while enrolled in a school district or campus but who does not
satisfy Subsection (g-5)(2) shall be treated, for purposes of computing a high school graduation rate,
dropout rate, or other indicator under this chapter, in the same manner as a student who withdrew from
the district or campus to enroll in another school. The student may not be counted as a graduate, a
nongraduate, or a dropout of the district or campus, and the student's certificate may not otherwise
lower a rating, score, or indicator of the district or campus.
(g-7)A school district or campus may not require a
student to enroll in or participate in high school equivalency preparation services, and may not
condition a right, service, benefit, or testing opportunity on a student's enrollment in or
participation in those services, for the purpose of receiving credit under Subsection (g-5) or for any
other purpose. Participation in preparation services remains voluntary as provided by Section 29.113(d).
(g-8)Subsections (g-5), (g-6), and (g-7) apply to the
computation of rates for state accountability purposes under this chapter. To the extent federal law
requires a different computation for federal reporting purposes, the agency shall compute and report the
rate required by federal law separately.
SECTION 2.04.
Section 29.087, Education Code, is repealed.
ARTICLE 3. ATTENDANCE AND EXCUSED ABSENCES
SECTION 3.01.
Section 25.086(a), Education Code, is amended by amending Subdivision (5) and adding
Subdivision (5-a) to read as follows:
(5)is at least 17 years of age and:
(A)is attending a course of instruction to prepare for
the high school equivalency examination, and:
(i)has the permission of the
child's parent or guardian to attend the course;
(ii)is required by court
order to attend the course;
(iii)has established a
residence separate and apart from the child's parent, guardian, or other person having lawful control of
the child; or
(iv)is homeless; or
(B)has received a high school diploma;
(5-a)has received a Texas Certificate of High School
Equivalency under Section 7.111, effective beginning on the legal effective date of the certificate;
SECTION 3.02.
Section 25.087, Education Code, is amended by adding Subsection (b-9) to read as
follows:
(b-9)A school district shall excuse a student for the
time reasonably necessary to travel to, take, and return from an approved high school equivalency
examination under Section 7.111. The district shall excuse the student for the entire school day if the
examination schedule or necessary travel makes attendance impracticable.
SECTION 3.03.
Section 25.087(d), Education Code, is amended to read as follows:
(d)A student whose absence is excused under Subsection
(b), (b-1), (b-2), (b-4), (b-5), (b-7), (b-8), (b-9), or (c) may not be penalized for that absence and
shall be counted as if the student attended school for purposes of calculating the average daily
attendance of students in the school district. A student whose absence is excused under Subsection (b),
(b-1), (b-2), (b-4), (b-5), (b-7), (b-8), (b-9), or (c) shall be allowed a reasonable time to make up
school work missed on those days. If the student satisfactorily completes the school work, the day of
absence shall be counted as a day of compulsory attendance.
ARTICLE 4. PUBLIC SCHOOL FUNDING, CLAIMS, AND DATA
SECTION 4.01.
Section 48.302, Education Code, is repealed.
SECTION 4.02.
Subchapter G, Chapter 48, Education Code, is amended by adding Section 48.318 to read
as follows:
Sec. 48.318. HIGH SCHOOL EQUIVALENCY SERVICES ALLOTMENT.
(a)The agency shall provide each school district,
open-enrollment charter school, and education service center the amount necessary to pay the reasonable
and verified cost of services required by Section 7.111 and Subchapter C-2, Chapter 29.
(b)The agency by rule shall establish a hybrid
activity-based payment schedule that includes payment for:
(1)verified participation in preparation services after a
minimum engagement threshold established by rule;
(2)verified completion of an instructional module or other
approved preparation milestone;
(3)each completed subject examination or authorized
retest, including proctoring and required accommodations;
(4)verified active participation in an approved online
preparation platform;
(5)completion of all requirements for a certificate; and
(6)a narrowly limited capacity payment when a testing
center must remain available to satisfy the weekly-access requirement but has low utilization.
(c)A payment schedule may establish reasonable maximum
rates and anti-duplication limits but may not:
(1)provide payment merely for creating an account or
registering without participation;
(2)condition all payment on an examinee's passage or
certificate completion;
(3)create a financial incentive to deny testing or
discourage retesting; or
(4)restrict a student's statutory access because a fiscal
cap or provider quota has been reached.
(d)A district, school, or service center that provides
services directly is entitled to payment. If an approved provider provides services under a locally
selected contract, the agency may pay the provider directly or reimburse the selecting entity as
specified in the contract and verified claim.
(e)Not later than the 10th day of each month, a provider
seeking payment shall submit a certified report for services provided during the preceding month. The
district, school, or service center whose facility or students were served shall verify the facility,
schedule, registration, attendance or engagement, completed services, and other locally observable
information before payment.
(f)A report under Subsection (e) must include, as
applicable:
(1)provider and testing-center identifiers;
(2)a secure student identifier;
(3)the student's age band and county or district of
residence;
(4)preparation modality, dates, duration, and verified
engagement;
(5)the subject, attempt number, date, and completed-test
status;
(6)the result, if lawfully reportable and necessary for
validation or evaluation;
(7)an accommodation indicator that does not disclose a
diagnosis;
(8)the amount claimed by payment category;
(9)a certification against duplicate billing; and
(10)supporting documentation required by agency rule.
(g)Before authorizing payment, the agency shall match
each claim against available score records, provider records, and secure student identifiers. The agency
shall conduct quarterly provisional reconciliation and an annual final settlement and may recover or
offset an overpayment.
(h)A provider shall retain supporting records for at
least seven years after the date of payment. The agency and the state auditor may audit a claim,
provider, or selecting entity. A person who knowingly submits a false claim is ineligible for further
payment, is liable for repayment with interest, and is subject to any other remedy provided by law.
(i)The agency shall provide an administrative review
process for a disputed payment, recovery, suspension, or provider-approval decision.
(j)Student-level information may be used only for
administration, payment, audit, authorized evaluation, and another purpose permitted by state or federal
law. Public reporting must use aggregated, de-identified information.
(k)Not later than December 1 of each year, the agency
shall publish a report showing by provider type, region, county, district, and age band, as
statistically appropriate:
(1)preparation participation and modality;
(2)examinations, attempts, passage, and certificate
completion;
(3)average certificate-issuance time;
(4)expenditures by payment category;
(5)testing-center availability and utilization; and
(6)other outcome measures adopted by rule.
(l)The allotment under this section is part of the
Foundation School Program. The agency shall pay the allotment from money appropriated for the Foundation
School Program and may use other money appropriated for the purposes of this section. The agency shall
include in its legislative appropriations request the amount projected to be necessary to fully fund
this section.
ARTICLE 5. RECOGNITION BY PUBLIC INSTITUTIONS OF HIGHER EDUCATION
SECTION 5.01.
Chapter 51, Education Code, is amended by adding Section 51.996 to read as follows:
Sec. 51.996. TEXAS CERTIFICATE OF HIGH SCHOOL EQUIVALENCY; EQUAL TREATMENT.
(a)In this section:
(1)"Certificate" means a Texas Certificate of High School
Equivalency issued or effective by operation of law under Section 7.111.
(2)"Institution" means an institution of higher education,
as defined by Section 61.003, that admits students to an academic or technical course or certificate or
degree program.
(3)"Similarly situated student" means a student who is
comparable with respect to the selected program, catalog year, transfer credit, placement results,
demonstrated competencies, lawful prerequisites, licensure or accreditation requirements, and other
academically relevant factors, without treating age or the form of the student's secondary-completion
credential as a relevant difference.
(b)For each admission, enrollment, program, scholarship,
financial-aid, classification, and graduation purpose under state law or institutional policy, a
certificate satisfies a requirement that a person:
(1)possess a high school diploma;
(2)graduate from high school; or
(3)complete secondary education.
(c)An institution may not:
(1)require a certificate holder to obtain or present a
conventional high school diploma in addition to the certificate;
(2)classify the certificate as a lesser
secondary-completion credential;
(3)deny consideration solely because the applicant lacks a
conventional high school transcript or class rank; or
(4)deny an otherwise qualified applicant consideration
solely because the applicant is at least 13 but younger than 18 years of age.
(d)This section does not:
(1)guarantee admission;
(2)create a class rank or an entitlement to automatic
admission based on class rank; or
(3)prohibit an institution from applying a lawful, neutral
criterion relating to academic preparation, readiness, program prerequisites, application deadlines,
capacity, competitive selection, safety, residency, tuition status, or another relevant factor if the
criterion applies on the same terms to similarly situated diploma holders.
(e)An institution may require the consent of a parent or
guardian before an unemancipated minor:
(1)enrolls in courses;
(2)incurs tuition, fees, or another financial obligation;
(3)enters a housing or payment agreement; or
(4)assumes another contractual obligation.
(f)An institution may not require parental or guardian
consent merely for a minor to:
(1)submit an application;
(2)transmit a certificate, transcript, score, or other
record;
(3)take an assessment required of applicants generally;
(4)receive an admission decision; or
(5)request admissions, program, tuition, or financial-aid
information.
(g)An institution may not require an applicant or student
who holds a certificate to complete a course, developmental course, orientation, seminar, assessment,
placement activity, prerequisite, credit hour, noncredit activity, or other condition of admission to or
completion of a certificate or degree program that the institution would not require of a similarly
situated student who holds a high school diploma.
(h)An institution may not use the certificate, the
holder's age, the absence of class rank, or the absence of a conventional high school transcript, by
itself, as:
(1)evidence of academic deficiency;
(2)a basis for a separate catalog, degree plan, advising
track, or graduation requirement; or
(3)a basis for increasing the credits, courses, time,
cost, or other requirements necessary to complete a program.
(i)Subsections (g) and (h) do not prohibit a requirement
that:
(1)applies without regard to secondary-credential type;
(2)is supported by the student's individualized assessment
result, demonstrated competency, prior credit, or other neutral academic evidence; and
(3)would be imposed on a similarly situated student who
holds a high school diploma.
(j)A certificate holder may file without charge a
complaint with the institution alleging a violation of this section. The institution shall issue a
written decision not later than the 10th business day after receiving the complaint.
(k)A complainant may appeal an adverse decision or
failure to decide to the coordinating board. The coordinating board shall issue a written decision not
later than the 20th business day after receiving the appeal and may order:
(1)consideration of an application without the prohibited
criterion;
(2)removal of an added requirement;
(3)correction of a degree audit, catalog assignment, or
student record;
(4)enrollment in the proper course or program, subject to
lawful capacity limits;
(5)adjustment or refund of tuition and fees charged
because of the violation;
(6)restoration of registration priority or another
academic status lost because of the violation; and
(7)other prospective corrective relief necessary to
enforce this section.
(l)After the period for an institutional decision under
Subsection (j) expires, an applicant or student may bring an action for declaratory or injunctive relief
in a district court in Travis County or the county in which the institution is located. Sovereign and
governmental immunity are waived and abolished to the extent of liability for prospective declaratory or
injunctive relief, court costs, and reasonable attorney's fees.
(m)The coordinating board may adopt rules to administer
this section. A rule or institutional policy may not narrow a right established by this section.
ARTICLE 6. ONLINE HIGHER EDUCATION ACCESS
SECTION 6.01.
Chapter 61, Education Code, is amended by adding Subchapter SS to read as follows:
SUBCHAPTER SS. ONLINE COURSE AND PROGRAM ACCESS
Sec. 61.1001. DEFINITIONS.
In this subchapter:
(1)"Fully online course" means a course for which all
instruction, interaction, submission of work, examinations, orientation, and ordinarily required
academic activity may be completed remotely through the Internet without travel to a particular physical
location, except for an approved physical-presence component under Section 61.1004.
(2)"Fully online program pathway" means a published
sequence through which a student may complete every course, credit, examination, orientation, advising
requirement, and other academic condition for a certificate or degree remotely, except for an approved
physical-presence component under Section 61.1004.
(3)"Institution" means an institution of higher education,
as defined by Section 61.003, that offers an academic or technical course or certificate or degree
program.
(4)"Physical-presence component" means a specifically
identified portion of a course or program that objectively requires physical performance or in-person
supervision and cannot reasonably be replaced by remote instruction, simulation, remote equipment, or an
approved local placement.
Sec. 61.1002. ONLINE AVAILABILITY REQUIRED.
(a)Each institution shall offer as a fully online course
every course for which no physical-presence component is approved under Section 61.1004.
(b)Each institution shall provide at least one fully
online program pathway for each certificate and degree program the institution offers, except for the
approved physical-presence components of the program.
(c)The institution shall structure course scheduling,
prerequisites, and frequency so that a student may make timely progress and complete the online pathway
within the period ordinarily available to an otherwise similarly situated in-person student.
(d)An institution may participate in a consortium,
cross-registration arrangement, or shared-course agreement to satisfy this section if:
(1)the course applies to the student's program without
loss of credit;
(2)the arrangement does not increase the student's tuition
or mandatory fees;
(3)the course is reasonably available when needed for
timely progress; and
(4)the institution remains responsible for compliance.
Sec. 61.1003. REMOTE STUDENT SERVICES.
An institution shall make registration, academic advising, tutoring, faculty office
hours, library resources, disability services, financial-aid counseling, payment services, technical
support, career services, and complaint procedures remotely accessible to a student in a fully online
course or pathway on terms reasonably equivalent to those available to an in-person student.
Sec. 61.1004. PHYSICAL-PRESENCE COMPONENT.
(a)An institution may require physical presence only for
the portion of a course or program that the institution proves by clear and specific evidence:
(1)requires direct patient or client care, clinical
education, student teaching, supervised professional practice, fieldwork, physical performance, studio
or shop work, or use of specialized equipment;
(2)cannot reasonably be completed through remote
instruction, a simulation of adequate educational quality, remotely operated equipment, or an approved
placement near the student's residence; or
(3)is expressly required in person by state or federal law
or by a recognized professional licensing or accrediting body.
(b)An exception must be limited to the necessary
component and may not be applied automatically to an entire course, program, department, or institution.
(c)Before requiring travel to the institution, the
institution shall determine whether the component can be completed through a qualified local placement,
partner facility, or supervised arrangement reasonably accessible to the student.
(d)An institution shall publish for each exception:
(1)the course and component affected;
(2)the educational, legal, licensing, or accreditation
basis;
(3)the evidence showing why a remote alternative is not
reasonably sufficient;
(4)the expected location, duration, and cost to the
student; and
(5)the date on which the institution will review the
continued necessity of the exception.
Sec. 61.1005. INSTITUTIONAL INVENTORY AND IMPLEMENTATION PLAN.
(a)Each institution shall submit to the coordinating
board an inventory of every course and certificate and degree program the institution offers. The
inventory must identify:
(1)current modality;
(2)existing online availability;
(3)each claimed physical-presence component;
(4)the institution's evidence supporting each claimed
component;
(5)the action, resources, and date necessary to provide
required online access; and
(6)the institutional officer responsible for
implementation.
(b)The coordinating board shall approve, conditionally
approve, or return an implementation plan for correction. A plan may not waive a statutory deadline
except as expressly authorized by Section 61.1007.
Sec. 61.1006. IMPLEMENTATION SCHEDULE.
(a)Not later than the 2027-2028 academic year, each
institution shall:
(1)complete and publish the inventory required by Section
61.1005;
(2)identify all current online offerings and claimed
physical-presence components; and
(3)make the remote student services required by Section
61.1003 available.
(b)Not later than the 2028-2029 academic year, each
institution shall provide online availability for each feasible:
(1)core curriculum course;
(2)lower-division academic course;
(3)general academic certificate; and
(4)high-demand program pathway designated by the
coordinating board.
(c)Not later than the 2029-2030 academic year, each
institution shall provide a complete online pathway for the nonexcepted components of each certificate
and degree program or operate under a corrective order issued by the coordinating board.
(d)Not later than the 2030-2031 academic year, each
institution shall fully comply with this subchapter unless a time-limited extension is granted under
Section 61.1007.
Sec. 61.1007. LIMITED EXTENSION.
(a)The coordinating board may grant one extension of not
more than one academic year for a specifically identified course, component, or program if the
institution proves that timely compliance is impracticable despite diligent efforts.
(b)An extension must state:
(1)the specific obstacle;
(2)the actions already taken;
(3)the funding and resources committed;
(4)enforceable interim milestones; and
(5)an expiration date.
(c)The coordinating board may not grant an indefinite,
institution-wide, or renewable extension.
Sec. 61.1008. STATEWIDE ONLINE CATALOG.
The coordinating board shall maintain a searchable public catalog that identifies:
(1)each fully online course and program pathway;
(2)cross-registration or shared-course availability;
(3)each approved physical-presence component and its
stated basis;
(4)each institution's implementation milestones and
compliance status; and
(5)information necessary for a student to apply, register,
obtain support, and file a complaint.
Sec. 61.1009. COMPLAINTS AND ENFORCEMENT.
(a)A student may file without charge a complaint with an
institution alleging a violation of this subchapter. The institution shall issue a written decision not
later than the 10th business day after receiving the complaint.
(b)The student may appeal an adverse decision or failure
to decide to the coordinating board. The coordinating board shall issue a decision not later than the
20th business day after receiving the appeal.
(c)The coordinating board may order an institution to:
(1)provide remote access or a reasonable local
alternative;
(2)remove an unsupported physical-presence requirement;
(3)enroll the student in an appropriate course or arrange
cross-registration without additional tuition or mandatory fees;
(4)adjust or refund tuition and fees caused by
noncompliance;
(5)adopt and comply with a corrective action plan; and
(6)take other prospective action necessary to enforce this
subchapter.
(d)For knowing, repeated, or uncorrected noncompliance,
the coordinating board may withhold discretionary administrative or program funds over which the board
has allocation authority. The board may not withhold student financial aid, formula funding attributable
to students, or money whose withholding would materially impair a student's statutory access.
(e)After the institutional decision period expires, a
student may bring an action for declaratory or injunctive relief in a district court in Travis County or
the county in which the institution is located. Sovereign and governmental immunity are waived and
abolished to the extent of liability for prospective declaratory or injunctive relief, court costs, and
reasonable attorney's fees.
Sec. 61.1010. HIGHER EDUCATION HIGH SCHOOL EQUIVALENCY SERVICES.
(a)Each institution shall ensure that a student attending
the institution has practical access on the attended campus or through a no-cost written arrangement to:
(1)an approved high school equivalency testing center; and
(2)at least one opportunity during each consecutive
seven-day period to take each available subject examination for which the student is eligible.
(b)An institution is not required to operate a testing
center in every building and shall use existing facilities and space to the extent reasonably
practicable.
(c)An institution may provide preparation services
directly or through a locally selected approved provider. If the institution offers preparation
services, the services must be available fully online and without charge to an eligible Texas resident.
(d)The coordinating board, in consultation with the Texas
Education Agency, shall maintain a nonexclusive approved-provider roster for institution-specific
services under this section. An institution may self-perform or select any approved provider through
ordinary procurement and conflict-of-interest procedures. The state may not require use of a single or
favored provider.
(e)The coordinating board shall establish a hybrid
activity-based payment model substantially equivalent to the model required by Section 48.318. An
approved provider may receive direct payment only after the institution verifies locally observable
services and the coordinating board validates the claim against examination and participation records.
(f)The monthly report, validation, reconciliation,
recovery, record-retention, audit, privacy, provider-review, and annual public-reporting requirements of
Section 48.318 apply to a payment under this section, with the coordinating board performing the
functions assigned to the Texas Education Agency and the institution performing the functions assigned
to a school district.
(g)The coordinating board shall pay verified claims from
money appropriated to the board for this purpose and shall include in its legislative appropriations
request the amount projected to be necessary to fully fund this section. The comptroller shall perform
ordinary warrant and accounting functions after the coordinating board certifies the amount due.
Sec. 61.1011. RULEMAKING AND ACCREDITATION.
(a)The coordinating board shall adopt rules necessary to
administer this subchapter in a manner consistent with applicable federal law and recognized
institutional and programmatic accreditation requirements.
(b)An accreditation requirement supports a
physical-presence component only if the requirement actually requires physical presence. An institution
may not rely on accreditation generally to exempt an entire course or program.
(c)A rule, contract, institutional policy, or provider
term that conflicts with this subchapter is void to the extent of the conflict.
ARTICLE 7. COORDINATION, TRANSITION, AND IMPLEMENTATION
SECTION 7.01. RULES.
(a)The State Board of Education and the Texas Education
Agency shall adopt rules and complete initial provider approvals necessary to implement Articles 1
through 4 of this Act not later than March 1, 2028.
(b)The Texas Higher Education Coordinating Board shall
adopt rules necessary to implement Articles 5 and 6 of this Act not later than March 1, 2028.
(c)An agency may adopt emergency rules and use an
expedited competitive procurement process authorized by other law to prevent an interruption in
examination, preparation, testing, certificate, or online-access services. This subsection does not
authorize a sole-source preference or an exemption from conflict-of-interest law.
SECTION 7.02. CONTRACT TRANSITION.
(a)The Texas Education Agency shall review each high
school equivalency contract in effect on the effective date of this Act and amend, replace, or terminate
the contract to the extent necessary to comply with this Act.
(b)A contract or examination-provider transition may not:
(1)invalidate or shorten the statutory validity period of
a qualifying score earned before or during the transition;
(2)delay a certificate for an examinee who has satisfied
the applicable requirements; or
(3)impose a charge or eligibility condition prohibited by
this Act.
SECTION 7.03. EXISTING PASSING SCORES.
A passing subject score earned before the effective date of this Act remains valid
for the longer of:
(1)the period for which the score was valid under the law,
rule, or provider policy in effect when earned; or
(2)one year after the date the score was earned.
SECTION 7.04. INITIAL SERVICE IMPLEMENTATION.
(a)Each school district and open-enrollment charter
school shall provide the preparation services required by Section 29.113, Education Code, as added by
this Act, beginning with the 2027-2028 school year.
(b)Each school district, open-enrollment charter school,
and institution of higher education shall provide the weekly testing access required by Sections 29.114
and 61.1010, Education Code, as added by this Act, beginning September 1, 2027.
(c)The age, consent, enrollment-status, testing,
retesting, score-validity, certificate-issuance, compulsory-attendance, and public-higher-education
equal-treatment provisions of this Act apply beginning September 1, 2027. Before final rules are
adopted, each responsible entity shall administer those provisions directly from the statutory
standards. An entity may use temporary procedures that are consistent with those standards.
(d)Section 39.053, Education Code, as amended by this
Act, applies only to the computation of a high school graduation rate or dropout rate with respect to a
student who earns a Texas Certificate of High School Equivalency on or after September 1, 2027.
SECTION 7.05. DATA SYSTEMS.
Not later than September 1, 2028, the Texas Education Agency and Texas Higher
Education Coordinating Board shall establish the electronic accounts, secure data exchanges, claims
systems, complaint procedures, and public reporting systems required by this Act. The agencies shall use
existing systems when reasonably practicable.
SECTION 7.06. FUNDING PLAN.
In preparing legislative appropriations requests for the state fiscal biennium
beginning September 1, 2029, and each subsequent biennium, the Texas Education Agency and Texas Higher
Education Coordinating Board shall separately identify:
(1)projected student and examination volume;
(2)preparation, testing, accommodation, certificate,
data-system, and provider-payment costs;
(3)public-school costs payable through the Foundation
School Program;
(4)higher-education costs payable from general revenue or
another lawful higher-education appropriation; and
(5)administrative costs and projected savings or offsets.
SECTION 7.07. CONFLICT OF LAW.
A rule, contract, local policy, institutional policy, examination-provider term, or
preparation-provider term in effect on or after the effective date of this Act is void to the extent the
rule, contract, policy, or term conflicts with a right or duty established by this Act.
SECTION 7.08. SEVERABILITY.
If any provision of this Act or its application to any person or circumstance is held
invalid, the invalidity does not affect another provision or application of this Act that can be given
effect without the invalid provision or application, and to this end the provisions of this Act are
severable.
SECTION 7.09. EFFECTIVE DATE.
This Act takes effect September 1, 2027.