SB 37 – Faculty Senates & Curriculum—Texas AFT Bill Summary & Talking Points

Here is another analysis of SB 37 from Texas AFT. Numerous groups are engaged in this struggle, with Amanda Garcia emerging as a powerhouse organizer, leading the charge with remarkable skill and unwavering dedication. 

She works closely with AAUP President Brian Evan on the numerous bills targeting higher education, including those by Senators Bettencourt and Middleton, SB 1489, and SB 452, respectively, that are mentioned at the end of this AFT Summary below.

I applaud the numerous organizations involved, including Texas Students for DEI that Amanda and her peers formed during the 2023 session in response to Senate Bill 17, Texas' anti-DEI bill.

You can follow them on Instagram @txstudentsfordei

I re-post herein their most recent posts on these bad bills. Go to tinyurl.com/legetoolkit to their super helpful toolkit to learn of what you can do to combat these terrible proposals.

-Angela Valenzuela

SB 37 – Faculty Senates & Curriculum

Texas AFT Bill Summary & Talking Points

Contact agarcia@texasaft.org 

Broad Overview: SB 37 restructures the governance of public institutions of higher education by establishing oversight committees, increasing the power of governing boards, and limiting the autonomy of faculty councils to advisory roles. It mandates comprehensive evaluations of curricula and administrative decisions, tying state funding to compliance with new procedural standards. These changes constrain academic freedom, centralize excessive control in governing bodies, and burden institutions with bureaucratic processes that will hinder their educational mission and innovation.

SECTION 1: General Education Review Committees (Sec. 51.315) 

• A new section, Section 51.315, is added to the Education Code establishing a "General Education Review Committee" for each institution of higher education.
• Each institution must form a review committee to annually "maintain or eliminate” courses in the core curriculum and check for workforce alignment.
• Shall ensure courses in the curriculum “do not endorse specific public policies, ideologies, or legislation” 

• Composition: Committees may include tenured faculty and local industry partners.
• Duties: The committee ensures courses are foundational, prepare students for civic and professional life, and are free from ideological endorsements.
• Recommendations: Committees make recommendations on course retention or elimination, and institutions must publicly post these before board consideration.

• Compliance Reporting: Institutions must certify compliance annually to the Office of Excellence and provide reports to continue receiving state funds. 
• Institutions may not spend appropriated funds until the governing board submits to the legislature and THECB certifies compliance.

SECTION 2: Governing Board Powers and Duties (Sec. 51.352) 

• New Responsibilities for Governing Boards: Boards will now have the authority to approve or deny the hiring of individuals for specific leadership positions (vice president, provost, dean, etc.) and must regularly evaluate the chief executive officer to assist them in achieving performance goals such as student retention and graduation rates.
• “Maintaining or increasing student retention and graduation rates, the amount of money available for research, and making efforts to ensure a variety of perspectives are represented among administration and faculty”

• Decision-Making Authority: Governing boards can now overturn decisions made by campus administrations and must post notices on their websites about meetings where finalists for leadership positions will be considered, along with the curriculum vitae of those candidates.
• Annual Reporting: The governing board must annually report to the governor, the lieutenant governor, the speaker of the house, and each member of the legislature a report regarding decisions made by the board for the academic year on:
• The hiring of administration and faculty, curriculum, any review and evaluation of the institution’s administration

SECTION 3: Faculty Council or Senate (Sec. 51.3522) 

• Sec. 51.3522 Defines a faculty council or senate, and only the governing board may establish a faculty council/senate that adopts the policies:
• Members must be tenured.
• For each college or school: one member appointed by the institution president, one member elected by faculty vote.
• A faculty senate is advisory only, and “may not publish a report directly related to the council’s duties.”
• Each proposal from faculty senates must be reviewed by the governing board, institution administration, and system administration. 
• A member serves a one-year term and may only be a member again after four years.

• Notices/business must be made public:
• Agendas “with sufficient detail to indicate the items on which final action is contemplated”
• Votes must also be public when pertaining to a vote of no confidence and policies related to curriculum and academic standards.
• Advertisements for tenured faculty positions except STEM fields

SECTION 4: Minor Degree and Certificate Programs Review (Sec. 51.989) 

• Sec. 51.989 is added to specify the review process for minor degree and certificate programs
• 🚩Review Criteria: The president and provost must develop a process for reviewing minor and certificate programs and identify programs with low enrollment, leading to consolidation or elimination. 
• To avoid consolidation or elimination, undergraduate programs must have graduated at least 10 students in the preceding two years, OR at least 5 students enrolled at the time of review; graduate programs must have at least 3 students enrolled at the time of review and 3 students graduated in the preceding two years.
• Must show industry data demonstrating workforce demand for the program.
• Periodic Review: Presidents and provosts conduct reviews every four years, subject to board approval for any changes. 

SECTION 5: Governing Board Member Training (Sec. 61.084)

• Training Content: Focuses on roles, duties, governance topics like ethics, policy development, and budgeting.
• Topics covered: audit procedures, legislation that creates higher education institutions, the role of governing boards including its disciplinary and investigative authorities, faculty council/senate policies, the Legislature and state budget.
• Affirmation: Board members must affirm understanding of their responsibilities upon completing training. 

SECTION 6: Faculty Evaluation (Sec. 51.942) 

• Evaluation Process: New requirement for comprehensive performance evaluations for tenured faculty members to occur at least once every six years and no more than once every yea
• Performance evaluation is based on teaching, research, service, patient care, administration, and peer review. It should also be directed toward professional development. The performance evaluation will incorporate “commonly recognized” due process rights. For those receiving unsatisfactory ratings, a short-term development plan with performance benchmarks must be established.
• 🚩 “A faculty member is subject to revocation of tenure or disciplinary action for incompetency, neglect of duty, or other good cause; a faculty member may not be involved in decision-making in a grievance review process or faculty discipline process.”

SECTION 7: Office of Excellence in Higher Education (Ch. 454, Government Code)

• Establishment: The Office of Excellence in Higher Education, administratively attached to the THECB. The director of the office will be appointed by the governor with approval by the senate.
• “Serves at the pleasure of the governor.”
• Mandates the creation of General Education Review Committees within each institution to annually assess the core curriculum and provide recommendations on coursework, ensuring that these courses meet foundational educational standards while maintaining neutrality regarding public policies.
• Role: Acts as an intermediary between the legislature, the public, and institutions. The office is responsible for investigating noncompliance by institutions with state law or institution policy. An institution must respond to the office’s information request within 30 days. Findings will be submitted to the attorney general and the governing board and is subject to investigation. 
• Annual Report: The office will submit an annual report to the governor, lieutenant governor, the attorney general, and the chair of each standing committee the number of reports of noncompliance, the number of investigations, and a summary of investigations results.

SECTION 8-11: Implementation and Transition 

• Timelines: Implementation begins in the 2025-2026 academic year, with initial recommendations due by 2027. 
• Existing Councils: Current faculty councils must be reconstituted or ratified by October 1, 2025, to comply with new standards. These sections collectively aim to increase oversight and standardize processes across Texas public higher education institutions, with significant implications for governance, academic freedom, and administrative operations.
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