19 TAC §§21.1080 - 21.1089
The Texas Higher Education Coordinating Board adopts emergency
new rules §§21.1080 through 21.1089 concerning the Educational Aide
Exemption Program. The new rules are to be adopted on an emergency basis pursuant
to §2001.034 of the Texas Government Code, which allows a state agency
to adopt an emergency rule if a requirement of state or federal law requires
adoption of the rule on less than 30 days notice. The rule is being proposed
for emergency action to modernize the formatting of program rules and clarify
current eligibility requirements in response to legislation.
The new rule is adopted on an emergency basis under Texas Education
Code, §54.214.
§21.1080.Authority, Scope, and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, §54.214, which states that the Coordinating
Board shall adopt rules as necessary to implement the educational aides program.
(b)
Scope. The rules set forth in this subchapter are applicable
to determining the eligibility of students to receive awards through the educational
aides program.
(c)
Purpose. The purpose of the Educational Aide Exemption
Program is to encourage certain educational aides to complete full teacher
certification by providing need-based tuition and mandatory fee exemptions
at Texas public institutions of higher education.
§21.1081.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The commissioner of higher education, the
chief executive officer of the board.
(3)
Cost of Attendance--A board-approved estimate of the expenses
incurred by a typical financial aid student in attending college. Includes
direct educational costs (tuition, fees, books, and supplies) as well as indirect
costs (room and board, transportation, and personal expenses).
(4)
Financial need--Based on the federal formula, the cost
of education at an institution of higher education less the expected family
contribution and any gift aid for which the student is entitled, or based
on adjusted gross annual income for the most recent tax year as follows:
(A)
single independent students must have an adjusted gross
income of $25,000 or less,
(B)
married independent students must have a combined gross
income of $50,000 or less, and
(C)
dependent students must have an adjusted gross income for
the family of $50,000 or less.
(5)
Program officer--The individual on a college campus who
is designated by the institution's Chief Executive Officer to represent a
program described in this subchapter on that campus. Unless otherwise designated
by the Chief Executive Officer, the Director of Student Financial Aid shall
serve as program officer.
(6)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B of this title (relating
to Determining Residence Status). Nonresident students eligible to pay resident
tuition rates are not included.
§21.1082.Eligible Institutions.
(a)
All public institutions of higher education are eligible
to participate.
(b)
The chief executive officer of an eligible institution
shall designate a program officer who shall be the board's on-campus agent
to certify all institutional transactions, activities and reports with respect
to the program described in this subchapter. Unless otherwise indicated by
the chief executive officer of the institution, the Director of Financial
Aid shall serve as the program officer.
§21.1083.Eligible Students.
To receive an award through the Educational Aide Exemption Program,
a student must:
(1)
be a resident of Texas;
(2)
have at least one school year of experience as an educational
aide during the five years preceding the term or semester for which the person
receives the exemption;
(3)
be employed in some capacity by a school district in Texas
during the school year for which the person receives the award;
(4)
show financial need;
(5)
be enrolled in courses required for teacher certification
at the institution granting an exemption under this subchapter;
(6)
meet the academic progress standards of his/her institution;
and
(7)
follow application procedures and schedules as indicated
by the board.
§21.1084.The Application Process.
(a)
Application forms and instructions will be distributed
primarily through school district offices throughout the state, although financial
aid offices of eligible institutions will also be provided copies of the forms.
(b)
Applications will be processed once a year, with award
announcements made as soon as possible after the priority deadline named by
the board.
(c)
Part I of the application is to be completed and signed
by the applicant, who is to forward the form to an authorized officer of the
school or school district by which the applicant is employed.
(d)
Part II of the application is to be completed and certified
by an authorized officer of the school or school district by which the applicant
is employed, who is to forward the application to the financial aid office
of the college or university the applicant plans to attend.
(e)
Part III of the application is to be completed and certified
by the financial aid office of the relevant institution of higher education,
which is responsible for forwarding the completed application to the board
by the deadline indicated in the instructions.
(f)
Due to limited funding, each institution will be allowed
to submit only a certain number of applications to the board. This allotment
will be announced to the institutions at least a month prior to the deadline
for submitting applications.
(g)
In order to be given priority consideration, applications
with Parts I, II and III completed and duly certified must be received by
the board by the established deadline. Applications received after that date
will be given consideration only if funds remain available after all applications
received by the deadline have been processed.
§21.1085.Selection Criteria.
From the pool of applicants submitted by participating institutions,
the board will select recipients for the exemptions. Selection will be based
on the following criteria:
(1)
the financial need of each student,
(2)
the number of years the individual has been employed as
an educational aide,
(3)
the priority assigned each applicant by the institution,
and
(4)
the student's anticipated date for certification as a teacher.
§21.1086.Award Announcements.
As soon as possible after the priority deadline for submitting applications,
the board will select award recipients and announce the selections to the
institutions, the selected recipients, and the school districts employing
the recipients. The number of awards made each year will depend on the funding
available for reimbursing institutions for the exemptions they grant. No institution
is required to award an exemption for which reimbursement funds are not available.
§21.1087.Award Cycle.
(a)
Fall awards. Each individual selected for an award through
this subchapter will be exempted from the payment of tuition and mandatory
fees other than class or laboratory fees for the fall term for which the award
was requested.
(b)
Spring awards. At the end of the fall term and upon confirmation
by the institution that the student continues to be eligible, the student
will also be granted an exemption for tuition and mandatory fees other than
class or laboratory fees for the spring term of that same academic year.
(c)
A summer exemption may be granted if program funding is
sufficient to meet summer expenses and if the student continues to meet program
requirements. The availability of funding for summer awards will be announced
to institutions by the board by March 1 of each year.
(d)
Students who have received awards may compete for awards
in subsequent years but must follow the same application process as students
applying for the first time.
§21.1088.Reimbursement for Exemptions.
(a)
Source of funding. The funds to be used to reimburse institutions
for the exemptions awarded under this subchapter will come from the foundation
school fund.
(b)
To request reimbursements. After granting exemptions authorized
by the board, the institutions may request reimbursement from the board by
completing and submitting the reimbursement form prescribed and distributed
by the board.
(c)
Reimbursements. At least once a year the board will request
a transfer of funds from the foundation school fund for use in reimbursing
participating institutions and forward amounts to institutions in keeping
with the reimbursement forms received from the schools.
§21.1089.Program Review Requirements.
Any institution of higher education whose students receive awards through
the program described in this subchapter will be subject to a program review.
This agency hereby certifies that the emergency adoption
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 July 27, 2001.
TRD-200104360
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective Date: July 27, 2001
Expiration Date: November 24, 2001
For further information, please call: (512) 427-6162