TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 5. PROGRAM DEVELOPMENT

Subchapter A. GENERAL PROVISIONS

19 TAC §5.6

The Texas Higher Education Coordinating Board proposes amendments to §5.6, concerning the common calendar for public universities and community, technical and state colleges. Specifically, these proposed amendments would: facilitate enrollment and transfer of students from high school to higher education institutions and from institution to institution; coordinate institutional calendars to facilitate data reporting; support planning for the efficient use of human and physical resources; and improve the efficiency of Board operations.

Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related Institutions, has determined that for each year of the first five years the amendments to the rule is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Hill has also determined that for each year of the first five years the amendments to the rule is in effect, the public benefit anticipated as a result of administering the rule will be the provision of a common calendar for Texas public universities, community, technical and state colleges. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related Institutions, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788.

The amendments to the rule are proposed under the Texas Education Code, §61.027, which provides the Coordinating Board with general rule-making authority; §61.002, which establishes the Coordinating Board as an agency charged to provide leadership and coordination for the Texas higher education system; §61.051, which provides the Coordinating Board with authority to coordinate institutions of public higher education in promoting quality education; and §61.0651, which charges the Board to adopt and recommend management policies applicable to institutions of higher education in relation to management of human resources and physical plants.

The amendments affect Texas Education Code, §61.002; TEC, §61.051; and TEC, §61.0651.

§5.6.Common Calendar.

(a) The Commissioner of Higher Education shall have the responsibility and authority to establish and periodically update a common calendar for Texas public universities and community, technical and state colleges.

[(a) Through fiscal years 1996-1997, the common calendar for public junior and senior colleges and universities shall be as follows.]

[Figure: 19 TAC §5.6(a)]

(b) The Commissioner shall have the authority to grant waivers to the common calendar to benefit students and/or to improve the efficient operations of the institutions.

(c) [ (b) ] A semester normally shall include a least 15 weeks for instruction and one week for final examinations or a total of 16 weeks instruction and examinations combined. Every fall semester will end before Christmas, but not later than December 23.

(d) [ (c) ] The summer session shall be considered an integral part of the college year and maximum use should be made of the summer session. Each of the two summer terms shall include no less than 5 1/2 calendar weeks, including registration, instructions, and final examinations. Colleges may register students for a normal load for each 5 1/2-week summer term. Colleges and universities may schedule summer enrollment periods longer or shorter than 5 1/2 weeks, but the amount of credit must be proportional.

(e) [ (d) ] Each college and university shall establish its own dates for orientation, registration, holidays, final examinations, and the end of each semester and summer term consistent with subsections (b) and (c) of this section.

(f) [ (e) ] Continuing and substantial efforts shall be made to encourage public schools to start their first activities of a school year on the third Monday in August and to complete all activities in a period of 41 weeks.

(g) [ (f) ] The Texas Education Agency shall be notified of the calendar adopted and be encouraged to study the possible further coordination of school and college calendar.

(h) [ (g) ] Nothing in this section shall be interpreted to preclude experimentation and innovation by any institution looking toward full utilization of facilities on a year-round basis.

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 5, 2002.

TRD-200200742

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter I. TEXAS STATE SCIENCE AND ENGINEERING FAIR

19 TAC §§5.170 - 5.174

The Texas Higher Education Coordinating Board proposes new §§5.170 - 5.174, concerning the organization and operation of the State Science and Engineering Fair. Specifically, these new rules will formalize the existing procedures of the Texas State Science and Engineering Fair (TSSEF), and ensure that the TSSER continues to be held annually for the benefit of students, schools, and school districts.

Dr. Gloria White, Deputy Assistant Commissioner and Director of Eisenhower Grants in the Division of Participation and Success, has determined that for each year of the first five years the rules are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. White has also determined that for each year of the first five years these rules are in effect, the public benefit anticipated as a result of administering the sections will be the promotion of an appreciation for and interest in science, mathematics, and engineering among precollege students; assistance to schools and school districts in fulfilling their mission in science, mathematics, and engineering education; and the promotion of workforce development in the fields of science mathematics, and engineering by providing students with an opportunity to interact with higher education and corporate institutions. There is potentially a positive effect on small businesses, as they have an opportunity to interact with students. There is no anticipated economic costs to persons who are required to comply with the sections as proposed. There is potentially a positive impact on local employment, as the annual State Science Fair brings several hundred students and families to the site of Science Fair for a period of approximately three days.

Comments on the proposed new rules may be submitted to Dr. Gloria A. White, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711.

The new rules are proposed under the Texas Education Code, §61.088, which provides the Coordinating Board with the authority to adopt rules for the organization and operation of the State Science and Engineering Fair.

The new rules affect the Texas Education Code, §61.088.

§5.170.Purpose, Scope, and Authority.

(a) Purpose. The purpose of the Texas State Science and Engineering Fair (TSSEF) is to promote an appreciation for and interest in science, mathematics, and engineering among precollege students; to assist schools and school districts in fulfilling their mission in science, mathematics, and engineering education; and to promote workforce development in the fields of science, mathematics, and engineering by providing students with an opportunity to interact with higher education and corporate institutions.

(b) Scope. The TSSEF is the pathway for 9th through 12th grade students to advance from regional-level science fairs to state-level opportunities. The TSSEF provides access to the International Science and Engineering Fair for Texas precollege students.

(c) Authority. The Texas Education Code, Chapter 61, §61.088 authorizes the Board to establish rules for the organization and operation of the state fair.

§5.171.Eligible Students.

The TSSEF may accept 1st through 3rd place winners in each of the 15 divisions recognized by the International Science & Engineering Fair (Behavioral and Social Sciences, Biochemistry, Botany, Chemistry, Computer Science, Earth and Space Science, Engineering, Environmental Science, Gerontology, Mathematics, Medicine and Health, Microbiology, Physics, Zoology, and Team Projects in any science disciplines) from the 15 Regional Fairs in the state.

§5.172.Awards.

The TSSEF may award prizes to 1st through 5th place winners in each of the 15 divisions recognized by the ISEF. In addition, a number of special awards, including industry and society awards, may be given.

§5.173.Organizations and Operations.

The Coordinating Board may contract with public or private entities to conduct the State Fair. The Coordinating Board shall coordinate the TSSEF with regional science and engineering fairs held in the state.

§5.174.Dissemination of Information and Rules.

The TSSEF shall operate under the rules of the International Science and Engineering Fair (ISEF) and its publication International Rules for Precollege Science Research: Guidelines for Science and Engineering Fairs.

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 5, 2002.

TRD-200200743

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Chapter 12. PROPRIETARY SCHOOLS

Subchapter A. PURPOSE, AUTHORITY, AND DEFINITIONS

19 TAC §12.3

The Texas Higher Education Coordinating Board proposes amendments to §12.3, concerning the definition of owner of a proprietary institution. Specifically, the proposed amendments would provide new language in the definition of owner of a proprietary institution as passed by the 77th Texas Legislature in House Bill 1985.

Dr. Glenda Barron, Assistant Commissioner for Community & Technical Colleges has determined that for each year of the first five years the amendments to the rule are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rule.

Dr. Barron has also determined that for each year of the first five years the amendments to the rule are in effect, the public benefit anticipated as a result of administering the rule will be the consistent application of the definition of owner of a proprietary institution between the Coordinating Board and the Texas Workforce Commission as outlined under House Bill 1985. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Dr. Glenda Barron, Assistant Commissioner for Community & Technical Colleges, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788.

The amendments to the rule are proposed under the Texas Education Code, §132.063, and Chapter 61, Subchapter G, which provides the Coordinating Board with the authority to adopt policies, enact regulations, and establish rules to enforce minimum standards for the approval and on-going assessment of programs of student leading to associate degrees offered by proprietary institutions.

The amendments affect Texas Education Code, §132.001(2) and §132.063.

§12.3.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (14) (No change.)

(15) Owner-- The owner of a proprietary institution means: [ The proprietor of a proprietary institution including an individual; a partnership including all full, silent, and limited partners; a corporation or corporations including directors, officers, and each shareholder owning shares of issued and outstanding stock aggregating at least 10% of the total of the issued and outstanding shares. ]

(A) in the case of an institution owned by an individual, that individual;

(B) in the case of an institution owned by a partnership, all full, silent, and limited partners;

(C) in the case of an institution owned by a corporation, the corporation, its directors, officers, and each shareholder owning shares of issued and outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares;

(D) in the case of an institution in which the ownership interest is held in trust, the beneficiary of that trust; or

(E) in the case of an institution owned by another legal entity, a person who owns at least 10 percent ownership interest in that entity.

(16) - (24) (No change.)

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 6, 2002.

TRD-200200767

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter B. GENERAL PROVISIONS

19 TAC §12.27

The Texas Higher Education Coordinating Board proposes amendments to §12.27, concerning the teach-out of students resulting from the closure of a proprietary institution. Specifically, the proposed amendments will allow the Commissioner of Higher Education to transfer a Certificate of Authority to award a degree through a formal agreement on a temporary basis to an approved proprietary institution or public two-year institution that does not offer the degree program provided the curriculum and delivery are appropriate to accommodate the remaining students.

Dr. Glenda Barron, Assistant Commissioner for Community & Technical Colleges has determined that for each year of the first five years the amendments to the rule are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rule.

Dr. Barron has also determined that for each year of the first five years the amendments to the rule are in effect, the public benefit anticipated as a result of administering the rule will be better service to students of a closed proprietary institution. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Dr. Glenda Barron, Assistant Commissioner for Community & Technical Colleges, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788.

The amendments to the rule are proposed under the Texas Education Code, §132.063, and Chapter 61, Subchapter G, which provides the Coordinating Board with the authority to adopt policies, enact regulations, and establish rules to enforce minimum standards for the approval and on-going assessment of programs of student leading to associate degrees offered by proprietary institutions.

The amendments affect Texas Education Code, §132.063.

§12.27.Closure of a Proprietary Institution.

(a) - (b) (No change.)

(c) The Certificate of Authority for a proprietary institution is automatically withdrawn when the institution closes. At his/her discretion, the Commissioner may transfer the Certificate of Authority to award a degree(s) through a formal agreement to an approved entity as outlined under subsection (b) of this section on a temporary basis provided the curriculum and delivery are appropriate to accommodate the remaining students. No new students shall be allowed to enter the transferred degree program unless the new entity seeks and receives approval for the program(s) from 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 6, 2002.

TRD-200200768

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Chapter 21. STUDENT SERVICES

Subchapter A. GENERAL PROVISIONS

19 TAC §21.4

The Texas Higher Education Coordinating Board proposes amendments to §21.4 concerning the collection of tuition and fees by institutions of higher education. Specifically, the amendments to the rule clarify that the collection of fees as well as tuition can impact the ability of certain institutions to report hours for formula funding; accurately reflect requirements outlined in the General Appropriations Act that community/junior colleges must collect all tuition by the collection date in order of hours to be counted for formula funding; accurately reflect requirements outlined in the General Appropriations Act that institutions other than community/junior colleges must collect all tuition and all fees by the collection date in order for hours to be counted for formula funding; and clarify that contracts can be considered as collection of tuition.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the amendments to the rule are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the amendments to the rule are in effect, the public benefit anticipated as a result of administering the section will be that all institutions will have a clear understanding of the amounts that must be collected in order for certain hours to entitle them to receive formula funding. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Ms. Lois Hollis, Assistant Commissioner for Student Services, P. O. Box 12788, Austin, Texas 78711.

The amendments to the rule are proposed under the provisions set forth by the Texas Education Code, §61.059.

The amendments affect the Texas Education Code, § 61.059.

§21.4.Collection of Tuition.

The following conditions shall apply in the collection of tuition and/or tuition and fees at institutions of higher education and in the conducting of enrollment audits.

(1) On or before the dates for reporting official enrollments to the Texas Higher Education Coordinating Board each enrollment period, each community college [ institution of higher education ] shall collect in full from each student that is to be counted for formula funding [ state aid ] purposes the amounts set as tuition [ by state law or ] by the respective governing boards. [ Valid contracts with the United States government for instruction of eligible military personnel, approved financial assistance, and valid contracts with private business and public-service type organizations or institutions such as hospitals, may be considered as collections thereunder, but subject to adjustments after final payment thereof. ]

(2) On or before the 20th class day for each regular semester and the 15th class day for each summer session, institutions other than community colleges shall collect from each student who is to be counted for state formula funding appropriations, the tuition and fees (mandatory and optional) established by state law or by the respective governing boards.

(3) Valid contracts with the United States government for instruction of eligible military personnel, approved financial assistance, and valid contracts with private business and public-service type organizations or institutions such as hospitals, may be considered as collected tuition and fees; the amount of collected tuition and fees may be adjusted pursuant to terms of the contract once actual collections are made.

(4) [ (2) ] Returned checks must be covered by a transfer from a self-supporting auxiliary enterprise fund or other non-state fund source (e.g., food service, bookstore) within ten days of the date the institution receives the returned check in order for contact hours to be presented to the state for funding.

(5) [ (3) ] Auxiliary enterprise or other non-state fund sources may not be reimbursed with state-provided funds.

(6) [ (4) ] Institutions must retain records of individual student tuition or tuition and fee payment and returned checks for verification by the State Auditor.

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 5, 2002.

TRD-200200732

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter J. PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §21.258, §21.259

The Texas Higher Education Coordinating Board proposes amendments to §21.258 and §21.259, concerning eligibility for student loan consolidation accounts in the Physician Education Loan Repayment Program. Specifically, the amendments to the rules would allow the Coordinating Board to process loan repayments for student loan consolidation accounts regardless of whether or not any of the original student loans were obtained during residency training.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the amendments to the rules are in effect, there will be no additional fiscal implications to the state. There will be no fiscal implications to local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the amendments to the rules are in effect, the public benefit anticipated as a result of administering the rules will be that students would not be penalized for loans obtained during residency training. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rules as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rules may be submitted to Ms. Lois Hollis, Assistant Commissioner for Student Services, P. O. Box 12788, Austin, Texas 78711.

The amendments to the rules are proposed under the Texas Education Code, §61.531, which provides the Coordinating Board with the authority to provide assistance in the repayment of student loans for physicians who apply and qualify for assistance.

The amendments affect Texas Education Code, Chapter 61, §§61.531 through 61.539.

§21.258.Eligible Education Loan.

An education loan eligible for repayment is one that:

(1) was obtained through an eligible lender for purposes of undergraduate, medical, and graduate medical education [ attending a post-secondary institution ];

(2) - (4) (No change.)

§21.259.Eligible Lender or Holder.

The Board shall retain the right of determining eligibility of lenders and holders of education loans to which payments may be made. An eligible lender or holder shall, in general, make or hold education loans made to individuals for purposes of undergraduate, medical and graduate medical education [ attending a post-secondary institution ] and shall not be any private individual. An eligible lender or holder may be, but is not limited to, a bank, savings and loan association, credit union, institution of higher education, secondary market, governmental agency, pension fund, private foundation, or insurance company.

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 5, 2002.

TRD-200200736

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter N. TEACH FOR TEXAS CONDITIONAL GRANT PROGRAM

19 TAC §21.436

The Texas Higher Education Coordinating Board proposes amendments to §21.436 concerning grant eligibility exceptions based on hardship or other good cause in the Teach for Texas Conditional Grant Program. Specifically, the amendment would clarify the authority of the Coordinating Board to exercise professional judgment in granting hardship extensions for the period during which a recipient must complete the educator certification program and for the period allowed for the recipient to begin fulfilling the service obligation.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the amendments to the rule are in effect, there will be no additional fiscal implications to the state. There will be no fiscal implications to local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the amendments to the rule are in effect, the public benefit anticipated as a result of administering the rule will be that the Coordinating Board could determine, on a case-by-case basis, whether to grant a recipient additional time to become certified and begin teaching. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments to the rule as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Ms. Lois Hollis, Assistant Commissioner for Student Services, P. O. Box 12788, Austin, Texas 78711.

The amendments to the rule are proposed under the Texas Education Code, §56.353, which provides the Coordinating Board with the authority to award Teach for Texas grants.

The amendment affects Texas Education Code, Chapter 56, §§56.351 through 56.356.

§21.436.Hardship and Other Good Cause.

Hardship and other good cause may be determined by the Board based upon documented circumstances. The Board may request assistance from the program officer at an eligible institution in determining whether or not these circumstances warrant exception to the 90-hour grant eligibility limitation, the satisfactory academic progress requirements, the requirement to be enrolled at least three-quarter time, the requirement to complete the educator certification program within the three-year grant eligibility period, the requirement to begin fulfilling the service obligation not later than 18 months after the certification program completion date, and the requirement to fulfill the five-year service obligation within a six-year period. Such situations include, but are not limited to, the following:

(1) - (3) (No change.)

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 5, 2002.

TRD-200200735

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter R. DENTAL EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §21.564, §21.566

The Texas Higher Education Coordinating Board proposes amendments to §21.564 and §21.566 concerning eligibility of dentists and terms of repayment for the Dental Education Loan Repayment Program. Specifically, the amendments to the rules would remove the restriction of attending an institution of higher in education in Texas and remove the five-year loan repayment restriction, allowing the Board to approve loan repayments to qualifying dentists for more than five years, depending upon availability of funds.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the amendments to the rules are in effect, there will be no additional fiscal implications to the state. There will be no fiscal implications to local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the amendments to the rules are in effect, the public benefit anticipated as a result of administering the rules will be to make the program accessible to many more dentists who are providing services or wish to provide services in dental health professional shortage areas of Texas. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rules as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rules may be submitted to Ms. Lois Hollis, Assistant Commissioner for Administration, P. O. Box 12788, Austin, Texas 78711, 512-427-6465.

The amendments to the rules are proposed under the Texas Education Code, §61.901, which provides the Coordinating Board with the authority to provide assistance in the repayment of student loans for dentists who apply and qualify for assistance.

The amendments affect Texas Education Code, Chapter 61, §§61.901 through 61.910.

§21.564.Eligible Education Loan.

An education loan that is eligible for repayment is one that:

(1) was obtained through a lender for purposes of attending an eligible institution of higher education [ in Texas ];

(2) - (3) (No change.)

§21.566.Repayment of Education Loans.

Eligible education loans of qualified dentists shall be repaid under the following conditions:

(1) (No change.)

(2) the annual repayment(s) shall be made within a time frame determined by the Board [ for up to five years ] upon the dentist's completion of each twelve-month service period;

(3) - (6) (No change.)

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 5, 2002.

TRD-200200737

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter CC. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM

19 TAC §21.956

The Texas Higher Education Coordinating Board proposes amendments to §21.956 concerning the elimination of the restriction that awards may not be used to fund remedial or developmental education in the Early High School Graduation Scholarship Program. Specifically, these amendments to the rule would eliminate the restriction that awards may not be used to fund remedial or developmental education and bring the program rules into agreement with the statute.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the amendments to the rule are in effect, there will be no fiscal implications to the state. There will be no fiscal implications to local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the amendments to the rule are in effect, the public benefit anticipated as a result of administering the rule will be that students assessed by their institutions as needing remedial or developmental courses would be able to use the scholarship to pay for those courses, a step that should encourage them to continue their education. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments to the rule as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Ms. Lois Hollis, Assistant Commissioner for Student Services, P. O. Box 12788, Austin, Texas 78711.

The amendments to the rule are proposed under the Texas Education Code, §54.209, which provides the Coordinating Board with the authority to adopt rules to administer the Early High School Graduation Scholarship Program.

The amendments affect the Texas Education Code, Chapter 54, §§54.201 through 54.209.

§21.956.Award Amounts.

The amount awarded a student through this program may not exceed the least of:

(1) the student's actual tuition charges for college [ credit ] courses [ (tuition for remedial or other non-college credit courses is not covered) ],

(2) - (3) (No change.)

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 5, 2002.

TRD-200200734

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162


Subchapter II. EDUCATIONAL AIDE EXEMPTION PROGRAM

19 TAC §21.1081

The Texas Higher Education Coordinating Board proposes amendments to §21.1081 concerning the determination of financial need for the Educational Aide Exemption Program. Specifically, these amendments will give the Commissioner of Higher Education the right to establish, in accordance with inflation, the adjusted gross income level that could be allowed a student for establishing financial need.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the amendments to the rule are in effect, there will be a cost to the state of no more than $25,000 annually. There will be no fiscal implications to local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the amendments to the rule are in effect, the public benefit anticipated as a result of administering the section will be that it will no longer take Board action to allow for inflationary adjustments in the levels of allowable adjusted gross income, while letting institutions conclude a student meets the financial need requirement of the program. Allowable income levels will be determined based on current inflation rates and will go up or down accordingly. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed. There is no impact on local employment.

Comments on the proposed amendments to the rule may be submitted to Ms. Lois Hollis, Assistant Commissioner for Student Services, P. O. Box 12788, Austin, Texas 78711.

The proposed amendments to the rule are proposed under the Texas Education Code, §54.214, which provides the Coordinating Board with the authority to adopt rules as necessary to implement the educational aides program.

The amendments affect Texas Education Code, §54.214.

§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) - (3) (No change.)

(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 determined by the Commissioner. [ 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) - (6) (No change.)

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 5, 2002.

TRD-200200733

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 18, 2002

For further information, please call: (512) 427-6162