TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 5. PROGRAM DEVELOPMENT

Subchapter H. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES

19 TAC §5.153

The Texas Higher Education Coordinating Board proposes amendments to §5.153, concerning the requirement for Board approval before offering doctoral or special professional degree programs through distance education or off-campus instruction. Specifically, these proposed amendments would streamline the administrative steps required before doctoral and special professional programs that are currently offered at a distance could be delivered to additional sites or via alternative delivery modes; 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 section 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 section is in effect, the public benefit anticipated as a result of adopting the section will result from increased efficiency of Coordinating Board operations and greater responsiveness to local needs. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposed amendments may be submitted to Marshall A. Hill, Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.

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.

§5.153.General Provisions.

(a) - (b) (No Change.)

(c) The Board retains final authority for the offering of all classes, courses, programs, and degrees, and may take whatever action is deems appropriate to comply with the law or to maintain a high-quality and cost-effective system of distance education and off-campus instruction for the state.

(1) - (2) (No Change.)

(3) No doctoral or special professional degree programs may be offered via distance education or off-campus instruction without specific prior approval by the Board. The Commissioner may approve for delivery to other off-campus sites or via other delivery modes doctoral or special professional degree programs that have previously been approved by the Board for electronic or off-campus delivery.

(d) - (k) (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 May 3, 2002.

TRD-200202753

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 18, 2002

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


Part 2. TEXAS EDUCATION AGENCY

Chapter 97. PLANNING AND ACCREDITATION

Subchapter AA. ACCOUNTABILITY RATINGS AND ACKNOWLEDGMENTS

2. ALTERNATIVE EDUCATION ACCOUNTABILITY PROCEDURES

19 TAC §97.1011

The Texas Education Agency (TEA) proposes new §97.1011, concerning alternative education campus ratings. The section adopts by reference the 2002 Alternative Education Accountability Manual , dated July 2001, and amended by an Addendum , dated March 28, 2002. The 2002 Alternative Education Accountability Manual specifies the indicators, standards, and procedures used by the commissioner of education to determine alternative education accountability ratings for registered and eligible Texas public school and charter school alternative education campuses. Also specified in the 2002 Alternative Education Accountability Manual are procedures for submitting an appeal of a rating. The TEA is scheduled to issue accountability ratings to registered and eligible alternative education campuses under the procedures specified in the 2002 Alternative Education Accountability Manual in August 2002.

Legal counsel with the TEA has recommended that the procedures for issuing alternative education accountability ratings for registered and eligible public school and charter school alternative education campuses be adopted as part of the Texas Administrative Code . This decision was made given a court decision challenging state agency decision making via administrative letter/publications. Given the statewide application of the accountability rating process and the existence of sufficient statutory authority for the commissioner of education to adopt by reference the alternative education accountability manual, agency legal counsel directed staff to proceed with formal adoption of rules in this area. The intention is to annually update the rule to refer to the most recently published alternative education accountability manual.

Karen Case, associate commissioner for quality, compliance, and accountability reviews, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Case has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be increased knowledge by the public of the existence of annual manuals specifying rating procedures for registered and eligible public school and charter school alternative education campuses. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register .

The new section is proposed under the Texas Education Code, §§39.051(c)-(e), 39.072(c), 39.073(a)-(e), and 39.0731, which establishes the statewide standard accountability system. TEA Legal counsel finds the new section to be a valid exercise of the agency's legal authority under Texas Education Code, §§39.051(c)-(e); 39.072(c); 39.073(a)-(e), and 39.0731.

The new section implements the Texas Education Code, §§39.051(c)-(e), 39.072(c), 39.073(a)-(e), and 39.0731.

§97.1011.Adoption by Reference: Alternative Education Procedures.

(a) The alternative education procedures by which registered and eligible alternative education campuses are rated for the school year 2001-2002 are described in the official Texas Education Agency (TEA) publication, the 2002 Alternative Education Accountability Manual , dated July 2001, and amended by an Addendum , dated March 28, 2002. The 2002 Alternative Education Accountability Manual , as amended, is adopted by this reference as the agency's official rule. A copy of the 2002 Alternative Education Accountability Manual is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. In addition, the publication can be accessed from the Texas Education Agency official website.

(b) The commissioner of education shall amend the 2002 Alternative Education Accountability Manual and this section adopting it by reference, as needed.

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 May 6, 2002.

TRD-200202794

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Earliest possible date of adoption: June 16, 2002

For further information, please call: (512) 463-9701