Part I.
Texas Higher Education Coordinating Board
Chapter 5.
Program Development
Subchapter E. Presentation of Request for New Academic Degree Programs
19 TAC §5.101
The Texas Higher Education Coordinating Board adopts Chapter
5, Subchapter E, new §5.101 concerning Program Development (Presentation
of Request for New Academic Degree Programs) with changes to the proposed
text as published in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12069). The new rules would allow the Coordinating
Board to concentrate its efforts on setting major policy issues and spending
less time on applying policy. The new rules will give more responsibility
to governing boards to ensure that proposals for new degree programs and for
facilities meet Coordinating Board policy.
Comments regarding the new rules were received from Texas A&M University,
University of Houston System Schools (Main Campus, Downtown, Clear Lake, and
Victoria), Sam Houston State University, University of North Texas, The University
of Texas at Dallas, The University of Texas-Pan American, and The University
of Texas at San Antonio. Comments were made regarding the limit of approval
by the commissioner; that it be raised from $1 million limit to $2.5 million.
The Board did not agree with this comment. More guidance was requested on
terms such as "unnecessarily duplicative". The Board decided not to make any
additional changes concerning that part of the rule. The Board approved the
rules as proposed with the exception of adding a new subsection (f).
The new rule is adopted under Texas Education Code, Section 61.051
which provides the Texas Higher Education Coordinating Board with the authority
to adopt rules concerning Program Development (Presentation of Request for
New Academic Degree Programs).
§5.101. Approvals by the Commissioner.
(a)
The Commissioner of Higher Education may approve proposals
from the public universities and health-related institutions for new baccalaureate
or master's degree programs and academic administrative change requests on
behalf of the Board in accordance with the procedures and criteria specified
in this section.
(b)
A proposal for a new degree program must include certification
in writing from the Board of Regents of a proposing institution, in a form
prescribed by the Commissioner, that the following criteria have been met:
(1)
The proposed degree program is within the Table of Programs
previously approved by the Coordinating Board for the requesting institution.
(2)
The curriculum, faculty, resources, support services,
and other components of a proposed degree program are comparable to those
of high quality programs in the same or similar disciplines offered by other
institutions.
(3)
Clinical or in-service placements, if applicable,
have been identified in sufficient number and breadth to support the proposed
program.
(4)
The program is designed to be consistent with the
standards of the Commission on Colleges of the Southern Association of Colleges
and Schools, and with the standards of other applicable accrediting agencies;
and is in compliance with appropriate licensing authority requirements.
(5)
The institution has provided credible evidence of
long-term student interest and job-market needs for graduates; or, if proposed
by a university, the program is appropriate for the development of a well-rounded
array of basic baccalaureate degree programs at the institution where the
principal faculty and other resources are already in place to support other
approved programs and/or the general core curriculum requirements for all
undergraduate students.
(6)
The program would not be unnecessarily duplicative
of existing programs at other institutions.
(7)
Implementation and operation of the program would
not be dependent on future Special Item funding.
(8)
New costs to the institution over the first five years
after implementation of the program would not exceed $1,000,000.
(c)
A proposal for a new degree program or administrative change
must include a statement from the institution's chief executive officer certifying
adequate financing and explaining the sources of funding to support the first
five years of operation of the program or administrative change.
(d)
If a proposal meets the criteria specified in this section,
the Commissioner may either approve it or forward it to the Board for consideration
at an appropriate quarterly meeting.
(e)
If a proposal does not meet the criteria specified in this
section, the Commissioner may deny approval or forward it to the Board for
consideration at an appropriate quarterly meeting. Institutions may appeal
the Commissioner's decision to deny approval to the Board.
(f)
If a proposed program is the subject of an unresolved grievance
or dispute between institutions, the Commissioner must forward it to the Board
for consideration at an appropriate quarterly meeting.
(g)
At the beginning of each month, the Commissioner will make
available to the public universities, health-related institutions, community/technical
colleges, and Independent Colleges of Texas, Inc. a list of all pending proposals
for new degree programs and administrative changes. If an institution wishes
to provide the Commissioner information supporting a concern it has about
the approval of a pending proposal for a new degree program at another institution,
it must do so within one month of the initial listing of the proposal, and
it must also forward the information to the proposing institution.
(h)
Each quarter, the Commissioner shall send a list of his
approvals and disapprovals under this section to Board members. A list of
the approvals and disapprovals shall also be attached to the minutes of the
next quarterly Board meeting.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
23, 1999.
TRD-9901118
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 15, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 483-6162
19 TAC §§5.391, 5.401-5.403
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 5, Subchapter S, §§5.391, 5.401, 5.402, 5.403 concerning
Core Curriculum Transfer and Field of Study Curricula. Section 5.402 and §5.403
are adopted with changes to the proposed text as published in the November
27, 1998 issue of the
Texas Register
(23 TexReg
11892). Section 5.391 and §5.401 are being adopted without changes and
will not be republished. The proposed rules would carry out the provisions
of Senate Bill 148 of the 75th Legislature, directing the Coordinating Board
to develop a recommended core curriculum of at least 42 semester credit hours,
including a statement of the content, component areas, and objectives of the
core curriculum. The proposed rules offer those guiding principles but do
not prescribe specific courses, a responsibility designated in the bill to
each individual college and university.
There were no comments received regarding the proposed amendments to the
rules.
The amendments to the rules are adopted under Texas Education
Code, Subchapter S, Section 61.822 which provides the Texas Higher Education
Coordinating Board with the authority to adopt rules concerning Transfer of
Lower Division Course Credit.
§5.402.Core Curriculum.
(a)
In accordance with Texas Education Code, Chapter 61, Subchapter
S, each general academic institution and community/technical college shall
design and implement a core curriculum, including specific courses composing
the curriculum, of no less than 42 lower-division semester credit hours.
(b)-(j)
(No change.)
§5.403.Core Curricula Larger than 42 Semester Credit Hours.
(a)
An institution may adopt a core curriculum under this subchapter
in excess of 42 semester credit hours, but no more than 48 semester credit
hours, if the courses in excess of 42 semester credit hours are selected from
the first five component areas of Chart II of §5.402 of this title (relating
to Core Curriculum (excluding the Institutionally Designated Option)) and
are approved by the institution's governing board.
(b)
No institution may adopt a core curriculum of more than
42 semester credit hours without approval by the Board if the courses in excess
of 42 semester credit hours are selected from component areas other than the
first five component areas of Chart II of §5.402 of this title. The Board
may approve a core curriculum under this section if:
(1)
It has been previously approved by the institution's governing
board;
(2)
The institution has provided to the Board a narrative
justification of the need and appropriateness of a larger core curriculum
that is consistent with its role and mission; and
(3)
No proposed upper-division core course is substantially
comparable in content or depth of study to a lower-division course listed
in the "Texas Common Course Numbering System."
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on February
23, 1999.
TRD-9901119
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 15, 1999
Proposal publication date: November 27, 1998
For further information, please call: (512) 483-6162
Subchapter E. Certificate and Associate Degree Programs
19 TAC §9.93
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 9, Subchapter E, §9.93 concerning Program Development in Public
Community/Junior College District and Technical Colleges (Application, Approval,
and Revision Procedures for Instructional Programs in Workforce Education)
with changes to the proposed text as published in the December 4, 1998 issue
of the
Texas Register
(23 TexReg 12070). The
proposed amendments would allow the Coordinating Board to concentrate its
efforts on setting major policy issues and spending less time on applying
policy. The proposed amendments to the rules will give more responsibility
to governing boards to ensure that proposals for new degree programs and for
facilities meet Coordinating Board policy.
There were no comments received regarding the proposed amendments to the
rules.
The amendments to the rules are adopted under Texas Education
Code, Sections 61.061, 61.062 and 130.001 which provides the Texas Higher
Education Coordinating Board with the authority to adopt rules concerning
Program Development in Public Community/Junior College District and Technical
Colleges (Application, Approval, and Revision Procedures for Instructional
Programs in Workforce Education).
§9.93.Application, Approval, and Revision Procedures for Instructional Programs in Workforce Education.
(a)
In accordance with the Guidelines for Instructional Programs
in Workforce Education as approved by the Board, each institution wishing
to offer a new certificate or applied associate degree program must have completed
the following procedures:
(1)
Completion of the Application for the Approval of a New
Technical or Continuing Education Program. Completed application forms and
a statement of assurances must be approved by the governing board and the
chief executive officer of the institution, and forwarded to the Board's Community
and Technical Colleges Division. The statement of assurances must certify
that the following criteria have been met:
(A)
The institution has documented local and/or regional workforce
demand for the program.
(B)
Basic and workforce skills have been integrated into the
curriculum.
(C)
The institution has an enrollment management plan for the
program.
(D)
The institution has or will initiate a process to establish
articulation agreements for the program with secondary and/or senior level
institutions.
(E)
The program is designed to be consistent with the standards
of the Commission on Colleges of the Southern Association of Colleges and
Schools, and with the standards of other applicable accrediting agencies,
and is in compliance with appropriate licensing authority requirements.
(F)
The program would not unnecessarily duplicate existing
programs at other institutions.
(G)
Representatives from private sector business and industry
have been involved in the creation of the program through participation in
an advisory committee.
(H)
Adequate funding is available to cover all new costs to
the institution over the first five years after the implementation of the
program.
(I)
The institution has an improvement plan in place for all
workforce programs that do not currently meet Board standards for both graduation
and placement.
(J)
The appropriate Higher Education Regional Council has been
notified in writing of the proposal for a new program.
(2)
(No change.)
(3)
Completion of Formal Program Review.
(A)
Once the program requirements have been met, the Board
staff may schedule the program for formal program review. This review process
shall include representatives from the institution, the Board staff, and other
appropriate agencies and institutions of higher education.
(B)
The Assistant Commissioner for Community and Technical
Colleges Division shall recommend certificate and applied associate degree
programs to the Commissioner for approval or disapproval or referral to the
Board.
(4)
New Program Approval. The Board delegates to
the Commissioner final approval authority for all certificate programs, and
for applied associate degree programs that meet Board policies for approval
as outlined in the Guidelines for Instructional Programs in Workforce Education.
(5)
Each quarter, the Commissioner shall send a list of
his approvals and disapprovals under this section to Board members. A list
of the approvals and disapprovals shall also be attached to the minutes of
the next appropriate quarterly meeting.
(6)
The Commissioner must forward a program to the Board
for consideration at an appropriate quarterly meeting if either of the following
conditions is met:
(A)
The proposed program is the subject of an unresolved grievance
or dispute between institutions.
(B)
The Commissioner has disapproved of the proposed program
and the institution has requested a Board review.
(b)-(d)
(No change.)
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
26, 1999.
TRD-9901193
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 18, 1999
Proposal publication date: December 4, 1999
For further information, please call: (512) 483-6162
19 TAC §§9.94-9.97
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 9, Subchapter E, §§9.94-9.97 concerning Program
Development in Public Community/Junior College District and Technical Colleges
(Certificate and Associate Degree Programs) without changes to the proposed
text as published in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12072). The repeal of the rules would allow
the Coordinating Board to concentrate its efforts on setting major policy
issues and spending less time on applying policy. The repeal of the rules
will give more responsibility to governing boards to ensure that proposals
for new degree programs and for facilities meet Coordinating Board policy.
There were no comments received regarding the proposed repeal of the rules.
The repeal of the rules is adopted under Texas Education Code,
Sections 61.061, 61.062 and 130.001 which provides the Texas Higher Education
Coordinating Board with the authority to adopt rules concerning Program Development
in Public Community/Junior College District and Technical Colleges (Application,
Approval, and Revision Procedures for Instructional Programs in Workforce
Education).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
26, 1999.
TRD-9901195
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 18, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 483-6162
19 TAC §§9.94-9.96
The Texas Higher Education Coordinating Board adopts Chapter
9, Subchapter E, new §§9.94-9.96 concerning Program Development
in Public Community/Junior College District and Technical Colleges (Certificate
and Associate Degree Programs) without changes to the proposed text as published
in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12072). The new rules would allow the Coordinating Board
to concentrate its efforts on setting major policy issues and spending less
time on applying policy. The new rules will give more responsibility to governing
boards to ensure that proposals for new degree programs and for facilities
meet Coordinating Board policy.
There were no comments received regarding the new rules.
The new rules are adopted under Texas Education Code, Sections
61.061, 61.062 and 130.001 which provides the Texas Higher Education Coordinating
Board with the authority to adopt rules concerning Program Development in
Public Community/Junior College District and Technical Colleges (Certificate
and Associate Degree Programs).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
26, 1999.
TRD-9901194
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 18, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 483-6162
19 TAC §9.128
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 9, Subchapter G, §9.128 concerning Program Development in
Public Community/Junior College District and Technical Colleges (Disapproval
of Courses; Noncompliance) with changes to the proposed text as published
in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12073). The proposed amendments would allow the Coordinating
Board to concentrate its efforts on setting major policy issues and spending
less time on applying policy. The proposed amendments to the rules will give
more responsibility to governing boards to ensure that proposals for new degree
programs and for facilities meet Coordinating Board policy.
There were no comments received regarding the proposed amendments to the
rules.
The amendments to the rules are adopted under Texas Education
Code, Sections 61.061, 61.062 and 130.001 which provides the Texas Higher
Education Coordinating Board with the authority to adopt rules concerning
Program Development in Public Community/Junior College District and Technical
Colleges (Disapproval of Courses; Noncompliance).
§9.128.Disapproval of Courses; Noncompliance.
No funds appropriated to any public community/junior college district
or technical college may be expended for any course which has not been approved
by the Commissioner, even if such course is taught under a contractual agreement.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
26, 1999.
TRD-9901198
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 18, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 483-6162
Subchapter B. General Provisions
19 TAC §§11.26, 11.27, 11.29
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 11, Subchapter B, §§11.26, 11.27, 11.29 concerning Texas
State Technical College System (General Provisions) without changes to the
proposed text as published in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12073). The proposed amendments would allow
the Coordinating Board to concentrate its efforts on setting major policy
issues and spending less time on applying policy. The proposed amendments
to the rules will give more responsibility to governing boards to ensure that
proposals for new degree programs and for facilities meet Coordinating Board
policy.
There were no comments received regarding the proposed amendments to the
rules.
The amendments to the rules are adopted under Texas Education
Code, Sections 61.061, 61.062 and 135.04 which provides the Texas Higher Education
Coordinating Board with the authority to adopt rules concerning Texas State
Technical College System (General Provisions).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
26, 1999.
TRD-9901197
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: March 18, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 483-6162
Chapter 92.
Interagency Coordination
Subchapter AA. Memoranda of Understanding
Subchapter S. Transfer of Lower Division Course Credit
Chapter 9.
Program Development in Public Community/Junior College Districts and Technical Colleges
Subchapter G. Contractual Agreements
Chapter 11.
Texas State Technical College System
Part II.
Texas Education Agency