In a move that's raising eyebrows across the Lone Star State, Texas lawmakers have introduced legislation markedly amplifying the oversight of higher education. Senate Bill 37, as reported by CBS Austin, aims to create an Office of Excellence in Higher Education within the Texas Higher Education Coordinating Board. This proposed entity would essentially function as a watchdog, investigating universities and colleges for alleged non-compliance with state laws or internal policies, particularly with regard to the statewide ban on diversity, equity, and inclusion (DEI) programs.
Authored by State Senator Brandon Creighton, a Conroe Republican, the bill was put forth after he sent a letter accusing public universities of "numerous violations" of the DEI ban — a claim that has yet to be substantiated. Under SB 37, the AG’s Office and the university’s board of regents would receive investigative findings, along with state leaders, and such findings would also be made public, according to a report by The Texas Tribune. The contention that schools are breaching the DEI ban is controversial, to say the least, and the legislation has sent shockwaves throughout the Texas higher education sector.
The bill further positions university governing boards to flex their muscles over hiring and curricular decisions, expanding their current authority that usually adheres to selecting chancellors and university presidents alone. Now, if SB 37 passes, they could have final say over appointments of vice presidents, provosts, and deans. In terms of academic offerings, boards could veto and approve university courses, with the caveat that they must form committees composed of local industry partners and tenured faculty to oversee curricula, ensuring it aligns with workforce needs and remains neutral on public policies and ideologies.
Additional provisions of the bill set enrollment and completion thresholds for minor degrees and certificate programs to dodge consolidation or elimination. "Achieving this requires accountability, and efficiency — ensuring students receive a high-quality education while safeguarding taxpayer investments," Creighton claimed in a statement. Minor programs at the undergraduate level must have at least five students enrolled and five completions for review, while graduate programs should have at least three members enrolled, and three completions, with exceptions made for programs less than six years old. These measures furthermore suggest a prioritization of "marketable" education, potentially at the expense of academic diversity and exploration.
The pushback from academic entities has been pronounced. Joey Velasco, president of the Texas Council of Faculty Senates, expressed concern that restricting faculty input could ultimately weaken the institutions, with faculty councils having historically played a vital role in shaping curriculum. Velasco's worries don't stop there; he fears such restrictions could jeopardize the accreditation of Texas universities since the Southern Association of Colleges and Schools Commission on Colleges mandates institutions to give faculty chief responsibility for curricular content, quality, and effectiveness. In fact, accreditation concerns are not just academic quibbling — students at unaccredited institutions are ineligible for federal financial aid, and as Velasco told CBS Austin, "This is a very important quality control function at universities to make sure that the best teachers are in the classrooms and the best researchers are maintained as well."
