TITLE education

Part I. Texas Higher Education Coordinating Board

Chapter 12. Proprietary Schools

Subchapter B. Basic Standards

19 TAC §12.57

The Texas Higher Education Coordinating Board proposes new §12.57 concerning Proprietary Schools (Credit for Prior Learning). The new section to the rules will establish the evaluation process for non-collegiate credit.

Glenda Barron, Assistant Commissioner for Community and Technical Colleges has determined that for the first five-year period the rule is in effect there will be no fiscal implications as a result of enforcing or administering the rule.

Dr. Barron also has determined that for the first five years the rule is in effect the public benefit will be that minimum standards for the approval of applied associate degree programs at proprietary schools will be enforced. There will be no effect on state or local government or small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the new section to the rules may be submitted to Dr. Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.

The new section to the rules is proposed under Texas Education Code, Chapter 61 and Section 132.001, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Proprietary Schools (Basic Standards).

There were no other sections or articles affected by the proposed amendments.

§12.57.Credit for Prior Learning.

If an institution awards credit for prior learning obtained outside a formal collegiate setting, the institution must establish and adhere to a systematic method for evaluating that prior learning, equating it with course content appropriate to the institution's authorized degree program(s). The method of evaluating prior learning must be subject to ongoing review and evaluation by the institution's teaching faculty. In no instance shall course credit be awarded solely on the basis of life experience or years of service in a position or job. Recognized evaluative examinations such as the advanced placement program or the college level examination program may be used to evaluate prior learning.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on February 26, 1999.

TRD-9901216

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Earliest possible date of adoption: April 11, 1999

For further information, please call: (512) 483-6162

Chapter 17. Campus Planning

Subchapter B. Application for Approval of New Construction and Major Repair and Rehabilitation

19 TAC §17.46

The Texas Higher Education Coordinating Board proposes amendments to Chapter 17, Subchapter B, §17.46 concerning Application for Approval of New Construction and Major Repair and Rehabilitation (Special Approval Procedures). The proposed amendments provide special approval procedures for four types of Campus Planning projects. The proposed amendments would extend these special approval procedures to one additional type of project-projects funded with tuition revenue bonds. The proposed amendments specify criteria that governing boards will certify prior to consideration of approval by the Commissioner.

Roger Elliott, Assistant Commissioner for Finance, Campus Planning, and Research has determined that for the first five-year period the rule is in effect there will be no fiscal implications as a result of enforcing or administering the rule.

Dr. Elliott also has determined that for the first five years the rule is in effect the public benefit will be that there will be special procedures for approval of campus planning projects. There will be no effect on state or local government or small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed amendments may be submitted to Dr. Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.

The amendments to the rules are proposed under Texas Education Code, Section 61.058 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Application for Approval of New Construction and Major Repair and Rehabilitation (Special Approval Procedures).

There were no other sections or articles affected by the proposed amendments.

§17.46.Special Approval Procedure.

(a)-(b)

(No Change.)

(c)

The Coordinating Board authorizes the Commissioner to review and approve the following types of projects on certification by the proposing institution's governing board that Coordinating Board-approved criteria are met:

(1)-(3)

(No Change.)

(4)

construction of new educational and general space having a value of $1 million or less ; and

(5)

projects funded more than 50% with tuition revenue bond proceeds.

(d)

(No Change.)

(e)

The Commissioner shall consider projects for approval after certification by the Governing Board that the following criteria are met, where applicable. If the governing board cannot make the appropriate certification, projects shall be referred to the Campus Planning Committee for its consideration.

(1)

Board standards regarding space need are met.

(2)

Board standards regarding construction cost and efficiency are met.

(3)

Board standards regarding deferred maintenance are met, or the project will reduce campus deferred maintenance by an amount equal to no less than 50 percent of project costs.

(4)

If the project financing involves gift and grant funds, these funds are either in-hand or the governing board has committed an alternative source of funds, should the primary source of funds not be forthcoming.

(5)

If the project will cause an increase in student fees, that increase has been approved by the student body.

(6)

If the project involves construction or renovation of a dormitory, bookstore, food service facility, or other facility for which privatization may be a viable alternative, the governing board has obtained and considered an external evaluation of the feasibility of privatization of both construction and operation of the facility.

(7)

No part of the project will be constructed within the boundaries of a 100-year flood plain.

(8)

If the project includes the acquisition of real property, appropriate consideration has been given to the effect of the acquisition on residential neighborhoods.

(9)

If the project includes the acquisition of real property, the acquisition is included in the institution's long-range master plan.

(10)

The project is included in the institution's most recently submitted Master Plan (MP-1) and is ranked above other projects not previously submitted to the Coordinating Board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on February 26, 1999.

TRD-9901191

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Proposed date of adoption: April 23, 1999

For further information, please call: (512) 483-6162