Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter C. TESTING AND DEVELOPMENTAL EDUCATION
19 TAC §§4.51 - 4.59
(Editor's note: The text of the following emergency adopted repeals
will not be published. The sections may be examined in the offices of the
Texas Higher Education Coordinating Board or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board repeals §§4.51
- 4.59 on an emergency basis regarding implementation of the Texas Success
Initiative. The repeal of the sections are simultaneously being proposed for
permanent adoption in this issue of the
Texas Register
.
Specifically, the repeal of the sections is being adopted on an emergency
basis under the provisions of Senate Bill 286 of the 78th Texas Legislature,
authorizing the Board to implement changes to its rules by Fall semester 2003.
Senate Bill 286 repealed Texas Education Code, §§52.306 and 51.3061,
concerning the Texas Academic Skills Program (TASP), and enacted new §52.3062,
establishing the Success Initiative. These new sections set out the purpose,
authority, and applicable definitions for the Texas Success Initiative. New §4.54
provides proposed exemptions and/or exceptions to the requirements of these
rules and §§4.55, 4.56, and 4.57 establish the requirements of assessment
by approved assessment instruments with minimum passing standards. Institutions
are required to advise and determine a plan for academic success for each
student under new §4.58 and determine a student's readiness to perform
freshman-level academic coursework under §4.59. The evaluation and reporting
requirements are set out in §4.60.
The repeal of the sections are adopted on an emergency basis
pursuant to §2001.034 of the 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.
§4.51.Purpose.
§4.52.Authority.
§4.53.Definitions.
§4.54.Institutional Developmental Education Plans.
§4.55.Eligibility and Exemptions/Exceptions.
§4.56.Criteria for Meeting TASP Requirements.
§4.57.Developmental Education and Advisement.
§4.58.Administration.
§4.59.Reporting and Funding.
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 29, 2003.
TRD-200304593
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: July 29, 2003
Expiration Date: November 26, 2003
For further information, please call: (512) 427-6114
19 TAC §§4.51 - 4.60
The Texas Higher Education Coordinating Board adopts, on
an emergency basis, new §§4.51 - 4.60, regarding implementation
of the Texas Success Initiative. The new sections are simultaneously being
proposed for permanent adoption in this issue of the
Texas Register
.
Specifically, these new sections are being adopted on an emergency basis
under the provisions of Senate Bill 286 of the 78th Texas Legislature, authorizing
the Board to implement changes to its rules by Fall semester 2003. Senate
Bill 286 repealed Texas Education Code, §§52.306 and 51.3061, concerning
the Texas Academic Skills Program (TASP), and enacted new §52.3062, establishing
the Success Initiative. These new sections set out the purpose, authority,
and applicable definitions for the Texas Success Initiative. New §4.54
provides proposed exemptions and/or exceptions to the requirements of these
rules and §§4.55, 4.56, and 4.57 establish the requirements of assessment
by approved assessment instruments with minimum passing standards. Institutions
are required to advise and determine a plan for academic success for each
student under new §4.58 and determine a student's readiness to perform
freshman-level academic coursework under §4.59. The evaluation and reporting
requirements are set out in §4.60.
The new sections are adopted on an emergency basis pursuant to §2001.034
of the 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.
§4.51.Purpose.
The purpose of this subchapter is to implement the Texas Success Initiative
for Texas public institutions of higher education. It is the intent of the
Texas Higher Education Coordinating Board that Texas public institutions of
higher education use the flexibility and responsibility granted under these
rules to improve individualized programs to ensure the success of students
in higher education.
§4.52.Authority.
Under Texas Education Code, §51.307, the Board is authorized to
adopt rules to implement the provisions of Texas Education Code, §51.3062.
Texas Education Code, §51.403(e), authorizes the Board to establish guidelines
and reporting requirements.
§4.53.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Assessment--the use of a Board-approved instrument to determine
the academic skills of each entering undergraduate student and the student's
readiness to enroll in freshman-level academic coursework.
(2)
Board--The Texas Higher Education Coordinating Board.
(3)
Developmental Coursework--non-degree-credit coursework
designed to address a student's deficiencies.
(4)
Developmental Education--developmental courses, tutorials,
laboratories, and other means of assistance that are included in a plan to
ensure the success of a student in performing freshman-level academic coursework.
(5)
Institution of higher education or institution--any public
technical institute, public junior college, public senior college or university,
medical or dental unit, or other agency of higher education as defined in
Texas Education Code, §61.003(8).
(6)
Minimum Passing Standards--The minimum scores which must
be attained by a student in reading, writing, and mathematics that indicates
the student's readiness to enroll in freshman-level academic coursework.
(7)
Non-Degree Credit Course--A course which may not be counted
toward a degree or certificate. The term includes developmental, pre-collegiate
and continuing education courses.
§4.54.Exemptions/Exceptions.
(a)
The following students shall be exempt from the requirements
of this title:
(1)
For a period of five (5) years from the date of testing,
a student who is tested and performs at or above the following standards:
(A)
ACT: composite score of 23 with a minimum of 19 on both
the English and the mathematics tests;
(B)
Scholastic Assessment Test (SAT): a combined verbal and
mathematics score of 1070 with a minimum of 500 on both the verbal and the
mathematics tests; or
(2)
For a period of three (3) years from the date of testing,
a student who is tested and performs on the Texas Assessment of Academic Skills
(TAAS) with a minimum scale score of 1770 on the writing test, a Texas Learning
Index (TLI) of 86 on the mathematics test and 89 on the reading test.
(3)
A student who has graduated with an associate or baccalaureate
degree from an institution of higher education.
(4)
A student who transfers to an institution from a private
or independent institution of higher education or an accredited out-of-state
institution of higher education and who has satisfactorily completed college-level
coursework as determined by the receiving institution.
(5)
A student who has previously attended any institution and
has been determined to have met readiness standards by that institution.
(6)
A student who is enrolled in a certificate program of one
year or less (Level-One certificates, 42 or fewer semester credit hours or
the equivalent) at a public junior college, a public technical institute,
or a public state college.
(7)
A student who is serving on active duty as a member of
the armed forces of the United States, the Texas National Guard, or as a member
of a reserve component of the armed forces of the United States and has been
serving for at least three years preceding enrollment.
(8)
A student who on or after August 1, 1990, was honorably
discharged, retired, or released from active duty as a member of the armed
forces of the United States or the Texas National Guard or service as a member
of a reserve component of the armed forces of the United States.
(b)
An institution may exempt a non-degree-seeking or non-certificate-seeking
student.
§4.55.Assessment.
(a)
An institution shall assess, by an instrument approved
in §4.56 of this title (relating to Assessment Instruments), the academic
skills of each entering undergraduate student prior to enrollment of the student.
Under exceptional circumstances, an institution may permit a student to enroll
in freshman-level academic coursework without assessment but shall require
the student to be assessed not later than the end of the first semester of
enrollment in freshman-level academic coursework.
(b)
An institution offering collegiate-level credit to students
via a Multi-Institution Teaching Center (MITC) or a university system center,
or to in-state students by distance learning delivery systems shall ensure
that students are assessed as required by this section.
(c)
An institution may not use the assessment or the results
of the assessment as a condition of admission to the institution.
§4.56.Assessment Instruments.
The following assessment instruments are approved by the Board:
(1)
ASSET and COMPASS offered by ACT;
(2)
ACCUPLACER offered by The College Board
(3)
Texas Higher Education Assessment (THEA) (formerly TASP
Test) offered by National Evaluation Systems, Inc.
§4.57.Minimum Passing Standards.
(a)
The following minimum passing standards shall be used by
an institution to determine a student's readiness to enroll in freshman-level
academic coursework:
(1)
ASSET: Reading Skills - 41; Elementary Algebra - 38; Writing
Skills (objective) - 40; and Written Essay - 6.
(2)
COMPASS: Reading Skills - 81; Algebra - 39; Writing Skills
(objective) - 59; and Written Essay - 6.
(3)
ACCUPLACER: Reading Comprehension - 78; Elementary Algebra
- 63; Sentence Skills - 80; and Written Essay - 6.
(4)
THEA: Reading - 230; Mathematics - 230; Writing - 220.
(b)
The minimum passing standard for the written essay portion
of all tests is a score of 6. However, an essay with a score of 5 will meet
this standard if the student meets the objective writing test standard.
(c)
An institution may require higher passing standards.
§4.58.Advisement and Plan for Academic Success.
(a)
For each student who fails to meet the minimum passing
standards described in §4.57 of this title (relating to Minimum Passing
Standards), an institution shall:
(1)
Establish a program to advise the student regarding developmental
education necessary to ensure the readiness of that student in performing
freshman-level academic coursework.
(2)
Determine a plan, working with the student, for academic
success, which shall include developmental education and may include provisions
for enrollment in appropriate non-developmental coursework.
(b)
Each plan for academic success shall:
(1)
Be designed on an individual basis to provide the best
opportunity for each student to succeed in performing freshman-level academic
coursework.
(2)
Provide to the student a description of the appropriate
developmental education considered necessary to ensure the readiness of that
student to perform freshman-level academic coursework.
(3)
Provide to the student an appropriate measure for determining
readiness to perform freshman-level academic coursework, as described in §4.59
of this title (relating to Determination of Readiness to Perform Freshman-level
Academic Coursework).
(c)
Institutions shall consider all federal laws pertaining
to individuals with disabilities when assessing and advising such students.
§4.59.Determination of Readiness to Perform Freshman-level Academic Coursework.
(a)
An institution shall determine when a student is ready
to perform freshman-level academic coursework on an individual basis according
to the needs of the student.
(b)
As indicators of readiness, institutions shall consider,
as appropriate:
(1)
Performance in developmental education.
(2)
Performance in appropriate non-developmental coursework.
(3)
Performance on an assessment instrument described in §4.56
of this title (relating to Assessment Instruments) or performance on an institutionally
selected assessment.
(4)
Other indicators of readiness, as determined by the institution.
(c)
The determination shall include the requirement that a
student shall retake an assessment instrument described in §4.56 of this
title (relating to Assessment Instruments) if the student did not initially
perform at or above the following scores:
(1)
ASSET: Reading Skills - 35; Elementary Algebra - 30; and
Writing Skills (objective) - 35.
(2)
COMPASS: Reading Skills - 64; Algebra - 23; Writing Skills
(objective) - 44.
(3)
ACCUPLACER: Reading Comprehension - 61; Elementary Algebra
- 42; Sentence Skills - 62.
(4)
THEA: Reading - 201; Mathematics - 206; Writing - 205.
(5)
An essay with a score of 5 will meet these criteria if
the student meets the objective writing test standard.
(d)
A student may retake an assessment instrument at any time,
subject to availability, to determine the student's readiness to perform freshman-level
academic coursework.
(e)
An institution shall, as soon as practicable and feasible,
indicate a student's readiness in reading, mathematics, and writing on the
transcript of each student.
§4.60.Evaluation and Reporting.
(a)
The Board shall evaluate the effectiveness of Texas Success
Initiative on a statewide basis and with respect to each institution.
(b)
At the end of each semester, institutions shall report
to the Board the following information for undergraduate students: Social
Security Number (SSN), semester credit hours (SCH), grade points earned, ethnicity,
gender, date of birth, Texas Success Initiative status, initial assessment
instrument, score on initial assessment, type of developmental education received
for each area (reading, mathematics, writing), grade in first related non-developmental
course, and the results of any subsequent assessment.
(c)
On or before January 1, 2004, each institution shall submit
to the Board a revised developmental education plan to reflect the Texas Success
Initiative.
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 29, 2003.
TRD-200304591
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: July 29, 2003
Expiration Date: November 26, 2003
For further information, please call: (512) 427-6114
19 TAC §4.85
The Texas Higher Education Coordinating Board adopts on an
emergency basis amendments to §4.85(b) concerning the Success Initiative
requirements for dual credit students. The amendments are simultaneously being
proposed for permanent adoption in this issue of the
Texas Register
.
Specifically, the emergency amendments to the rule will allow the Coordinating
Board to implement changes made under Senate Bill 280 of the 78th Texas Legislature.
Under this legislation, the Texas Academic Skills Program (TASP) has been
repealed with assessment of college-readiness provided under the new Success
Initiative. Board rules have required students enrolling in dual credit courses
to satisfy the requirements under TASP. With repeal of TASP and the enactment
of the Success Initiative, students will be required to satisfy similar requirements
prior to enrolling in dual credit courses.
The amendments are adopted on an emergency basis pursuant to §2001.034
of the 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.
§4.85.Dual Credit Requirements.
(a)
(No change.)
(b)
Student Eligibility.
(1)
To be eligible for enrollment
in freshman-level academic
coursework for dual credit,
[
(2)
To be eligible for enrollment in a dual credit course
included in a
[
(3)-(6)
(No change.)
(c)-(i)
(No change.)
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 29, 2003.
TRD-200304594
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: July 29, 2003
Expiration Date: November 26, 2003
For further information, please call: (512) 427-6114
Subchapter A. PURPOSE, AUTHORITY, AND DEFINITIONS
19 TAC §12.3
The Texas Higher Education Coordinating Board adopts on an
emergency basis an amendment to §12.3, concerning the Success Initiative
and career schools or colleges. The amendment is simultaneously being proposed
for permanent adoption in this issue of the
Texas
Register
.
Specifically, §12.3 is being amended to delete provisions regarding
the Texas Academic Skills Program (TASP) and replace those provisions with
the requirements of the Success Initiative. Senate Bill 286 of the 78th Texas
Legislature repealed Texas Education Code, §51.306 and §51.3061
regarding TASP, and added new Texas Education Code, §51.3062, regarding
the Success Initiative. The amendment requires the career schools or colleges
to assess, advise, and develop a plan for each student to assure college-readiness.
This amendment is adopted on an emergency basis pursuant to §2001.034
of the 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.
§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) - (20)
(No change.)
(21)
Texas Success Initiative--A program for
each career school or college to:
(A)
Assess the academic skills of each entering student to
determine the student's readiness to enroll in freshman-level academic coursework
using test instruments approved by the Coordinating Board:
(B)
Advise students regarding coursework and other means by
which to develop academic skills required for successful completion of college-level
work; and
(C)
Provide a written plan to work with the student to become
ready to perform freshman-level coursework.
(22)
[
(23)
[
(24)
[
[(24)
Texas Academic Skills Program (TASP)
Test--The test required under the Texas Education Code, Section 51.306, that
is uniformly administered statewide on days prescribed by the Board and is
scored by the testing contractor. The test measures college readiness in reading,
writing, and mathematics and includes a written essay and is administered
under secure conditions and for which each student is provided diagnostic
information regarding test performance.]
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 28, 2003.
TRD-200304571
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: July 28, 2003
Expiration Date: November 25, 2003
For further information, please call: (512) 427-6114
19 TAC §§12.24, 12.28, 12.30
The Texas Higher Education Coordinating Board adopts on an
emergency basis amendments to §§12.24, 12.28, and 12.30, concerning
the Success Initiative and career schools or colleges. The amendments are
simultaneously being proposed for permanent adoption in this issue of the
Specifically, §§12.24, 12.28, and 12.30 are being amended to
delete provisions regarding the Texas Academic Skills Program (TASP) and replace
those provisions with the requirements of the Success Initiative. Senate Bill
286 of the 78th Texas Legislature repealed Texas Education Code, §51.306
and §51.3061 regarding TASP, and added new Texas Education Code, §51.3062,
regarding the Success Initiative. The amendments require the career schools
or colleges to assess, advise, and develop a plan for each student to assure
college-readiness.
The amendments are adopted on an emergency basis pursuant to §2001.034
of the 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.
§12.24.Standards for Associate Degree-Granting Proprietary Institutions.
The decision to grant a Certificate of Authority to a proprietary institution
shall be based upon its compliance with the following 16 standards.
(1) - (9)
(No change.)
(10)
Catalog. The information described by subparagraphs (A)
through (Q) of this paragraph shall be provided to prospective students prior
to enrollment. The institution shall provide students and other interested
persons with a catalog or brochure. If any of the information is provided
to students in the form of a supplement or addendum to a printed and bound
catalog, the institution shall retain documentation on file to verify that
every enrolled student received a copy of the addendum or supplement along
with the catalog. The institution shall, on an annual basis, furnish the Board
with a copy of its most current catalog and a current roster of all faculty
members including names, addresses, teaching assignments, and highest degree
earned. The institution shall provide students and other interested persons
with a catalog or brochure containing, at minimum, the following information:
(A) - (O)
(No change.)
(P)
a statement of
Texas Success Initiative
[
(Q)
(No change.)
(11) - (16)
(No change.)
§12.28.Institutional Evaluation.
(a)
(No change.)
(b)
The evaluation criteria shall include the following: mission,
labor market need, curriculum, enrollment, graduates, student placement, follow-up
results, ability to finance each program of study, facilities and equipment,
instructional practices, student services, public and private linkages, [
§12.30. Texas Success Initiative [
Each degree-granting career school or college authorized by the
Board to grant associate of applied science or associate of applied arts degrees
shall assess, by instrument approved in §4.56 of this title (relating
to Assessment Instruments), the academic skills of each entering student and
otherwise comply with §§4.51 - 4.60 of this title (relating to the
Texas Success Initiative). Career schools and colleges authorized to award
an
[
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 28, 2003.
TRD-200304572
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: July 28, 2003
Expiration Date: November 25, 2003
For further information, please call: (512) 427-6114
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
Subchapter C. TEXAS SUCCESS INITIATIVE
Subchapter D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES
in a dual credit course for TASP-eligible
programs (associate or baccalaureate degree or level-two certificate)
],
the high school student must present a passing score on
an
[
the Texas Academic Skills Program (TASP) test or a Board-approved alternative
] assessment instrument
approved by the Board in §4.56 of
this title (relating to Assessment Instruments)
in at least one area
(mathematics, reading, writing) as deemed relevant by the college for the
intended dual credit course in which the student shall enroll. Eligibility
for students in the high school graduating class of 2005 to take dual credit
courses during the 2003-2004 and 2004-2005 academic years may also be established
by achieving at least the passing standard on the English/Language Arts and/or
Mathematics sections (as applicable) of the tenth grade Texas Assessment of
Knowledge and Skills (TAKS) test established by the State Board of Education.
for TASP-waived
] college certificate
program of one year or less
[
programs
], the high school student
must have passed all sections of the exit-level TAAS test. Eligibility for
students in the high school graduating class of 2005 to take dual credit courses
included in a
[
in TASP-waived
] certificate
program of
one year or less
[
programs
] during the 2003-2004 and 2004-2005
academic years may be established by achieving at least the passing standard
on the English/Language Arts and/or Mathematics sections (as applicable) of
the tenth grade Texas Assessment of Knowledge and Skills (TAKS) test established
by the State Board of Education. A student who as received an exemption from
taking the TAKS or TAAS test may qualify to enroll in a dual credit course
by presenting a passing score on
an
[
the Texas Academic Skills
Program (TASP) test or a Board-approved alternative
] assessment instrument
approved by the Board in §4.56 of this title (relating to Assessment
Instruments)
in at least one area (mathematics, reading, writing) as
deemed relevant by the college for the intended dual credit course in which
the student shall enroll.
Chapter 12.
CAREER SCHOOLS AND COLLEGES
(21)
] Target market area--The local,
regional, statewide, and/or national area from which the proprietary institution's
students are drawn and in which employment opportunities have been identified
for graduates of that institution's associate degree programs.
(22)
] Teach-out agreement--A formal
arrangement between a closed proprietary institution and another institution
authorized by the Board to grant the associate degree, which provides for
student transfer, completion of degree requirements, and awarding degrees
to students transferred from the closed proprietary institution.
(23)
] Teach-out institution--An
institution authorized by the Board to grant the associate degree and has
formally accepted the transfer of students from a closed proprietary institution.
Subchapter B. GENERAL PROVISIONS
TASP
] requirements; and
and
] qualifications of faculty and administrative personnel
, and
success of its students and the effectiveness of the Texas Success Initiative
.
Texas Academic Skills Program (TASP) ].
Any individual who enrolls in an associate degree program at
a proprietary institution on or after September 1, 1997, shall pass all sections
of a test taken for Texas Academic Skills Program (TASP) Test purposes, or
otherwise meet TASP requirements as outlined under Chapter 5, Subchapter P, §5.314(a)(3)
- (12), §5.34(b)(1) - (11), and §5.315 of this title (relating to
Testing and Developmental Education) before the degree may be awarded. Individuals
enrolled in an authorized
] Associate of Occupational Studies degree
[
program
] are exempt from this requirement.
Chapter 21.
STUDENT SERVICES