Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter A. GENERAL PROVISIONS
19 TAC §4.4
The Texas Higher Education Coordinating Board proposes amendments
to §4.4, concerning excused absences for religious holy days for students
in public institutions of higher education. Specifically, the amendments implement
a change mandated by House Bill 256 of the 78th Legislature. The amendments
remove a requirement that a student must notify his or her instructor in advance
of an absence for the purpose of observing a religious holy day. Students
will no longer be required to notify their instructors in advance regarding
such absences. HB 256 also requires that a student shall be excused from attending
classes or other required activities, including examinations, during time
needed for travel for the purpose of the observance of a religious holy day,
and it includes a provision for the resolution of any disputes that could
arise regarding the nature of an absence under this section, or the provision
for a reasonable time in which to make up the work that was missed during
such an absence.
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 proposed 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 administering
these sections will be to allow students to participate in observances of
religious holy days without notifying instructors in advance of their absence,
and to allow students to complete within a reasonable time any work missed
as a result of those absences. 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 to the rule may be submitted to Dr.
Marshall A. Hill, Ph.D., 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 are proposed under the Texas Education Code, §51.911(e),
which requires the Board to adopt rules for the administration of the tuition
rebate program. The amendments also implement required changes to the program
that result from House Bill 256 of the 78th Legislature.
The amendments affect Texas Education Code, §51.911 (b).
§4.4.Student Absences on Religious Holy Days.
(a)
Under Texas Education Code, §51.911, all institutions
of higher education shall
excuse
[
(b)
Each institution of higher education shall develop and
include in its official bulletins, catalogs, and other appropriate publications
a statement regarding its attendance policies and procedures for religious
holy days. [
[(c)
[Notifications of planned absences must
be in writing and must be delivered by the student either personally to the
instructor of each class, with receipt of the notification acknowledged and
dated by the instructor; or by certified mail, return receipt requested, addressed
to the instructor of each class.]
(c)
[
(d)
If a student and an instructor
disagree about the nature of the absence being for the observance of a religious
holy day, or if there is similar disagreement about whether the student has
been given a reasonable time to complete any missed assignments or examinations,
either the student or the instructor may request a ruling from the chief executive
officer of the institution or his or her designee. The chief executive officer
or his/her designee must take into account the legislative intent of TEC §51.911(b),
and the student and instructor shall abide by the decision of the chief executive
officer or his/her designee.
(e)
Each institution may exclude from these policies and procedures
any student absence for religious holy days which may interfere with patient
care.
(f)
An institution choosing to establish more lenient polices
with respect to the freedom of students to observe religious holy days may
do so.
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 July 28, 2003.
TRD-200304567
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§4.51 - 4.59
(Editor's note: The text of the following sections proposed for
repeal 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 proposes
the repeal of §§4.51-4.59, concerning implementation of the Success
Initiative. Specifically, the proposed repeal of §§4.51 - 4.59,
concerning the Texas Academic Skills Program (TASP) are being made to conform
to the provisions of Senate Bill 286 of the 78th Texas Legislature. Senate
Bill 286 repealed Texas Education Code, §§52.306 and 51.3061, concerning
TASP, and enacted new §52.3062, establishing the Success Initiative.
The proposed 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.
Dr. Leticia Hinojosa, Assistant Commissioner for Participation and Success,
has determined that for each year of the first five years the sections 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. Hinojosa has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering the sections will be a more individualized approach to preparing
students for success in college-level work and eventually, success in the
workforce. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the sections as
proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Leticia Hinojosa, Texas
Higher Education Coordinating Board, P.O. Box 12788, Austin, TX 78711 or by
email at Leticia.hinojosa@thecb.state.tx.us . Comments will be accepted for
30 days following publication of the proposed rules in the
Texas Register
.
The repeal of the rules is proposed under the Texas Education
Code, §51.3062, which provides the Coordinating Board with the authority
to adopt rules for the Success Initiative.
The repeal of the rules affect the Texas Education Code, §51.3062.
§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 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 July 29, 2003.
TRD-200304592
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§4.51 - 4.60
The Texas Higher Education Coordinating Board proposes new §§4.51
- 4.60, concerning implementation of the Success Initiative. Specifically,
the new sections implement a change mandated by House Bill 256 of the 78th
Legislature. Specifically, the proposed adoption of new §§4.51 -
4.60, concerning the Texas Success Initiative, are being made to conform to
the provisions of Senate Bill 286 of the 78th Texas Legislature. Senate Bill
286 repealed Texas Education Code, §§52.306 and 51.3061, concerning
TASP, and enacted new §52.3062, establishing the Success Initiative.
The proposed 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.
Dr. Leticia Hinojosa, Assistant Commissioner for Participation and Success,
has determined that for each year of the first five years the sections 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. Hinojosa has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering the sections will be a more individualized approach to preparing
students for success in college-level work and eventually, success in the
workforce. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the sections as
proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Leticia Hinojosa, Texas
Higher Education Coordinating Board, P.O. Box 12788, Austin, TX 78711 or by
email at Leticia.hinojosa@thecb.state.tx.us . Comments will be accepted for
30 days following publication of the proposed rules in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §51.3062,
which provides the Coordinating Board with the authority to adopt rules for
the Success Initiative.
The new sections affect the Texas Education Code, §51.3062.
§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 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 July 29, 2003.
TRD-200304590
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §4.85
The Texas Higher Education Coordinating Board proposes amendments
to §4.85(b) and §4.85(i) of Board rules concerning the commissioners'
funding agreement for dual credit courses, the waiver of all or part of tuition
and fees for dual credit students by public institutions of higher education,
and the Success Initiative requirements for dual credit students. Texas Education
Code, §130.008(d) was amended by House Bill 415 of the 78th Texas Legislature,
the requirement for the current funding agreement between the Commissioner
of Education and the Commissioner of Higher Education was eliminated. Therefore,
public high schools and institutions of higher education are eligible to receive
funding for dual credit courses under the general rules concerning funding
of high school courses and college credit courses. Texas Education Code, §54.216
was amended by Senate Bill 258, and public technical and state colleges, universities,
and health-related institutions are now eligible to waive all or part of the
tuition and fees for students enrolled in dual credit courses. Until passage
of this legislation, only public community/junior colleges were allowed to
waive these charges. Texas Education Code, §130.008 was amended by House
Bill 1621 to align language in §130.008 with §54.216 as passed under
Senate Bill 258. Under House Bill 1621 public community/junior colleges may
waive all or part of the tuition and fees for students enrolled in dual credit
courses beginning fall 2003. Under current statute, all tuition and fees may
be waived but no portion of those charges could be waived. Texas Education
Code, §51.306 and 51.3061 was amended by Senate Bill 286, repealing the
Texas Academic Skills Program (TASP) and providing for the assessment of college-readiness
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.
Dr. Glenda O. Barron, Assistant Commissioner for Community and Technical
Colleges has determined that for each year of the first five years the section
is in effect, there will not be any fiscal implication 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 section is in effect, the public benefit anticipated as a result of administering
the section will be the appropriate alignment of rules with legislation enacted
by the 78th Texas Legislature. 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 rule may be submitted to Dr. Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §§29.182,
29.184, 54.216, 61.027, 61.076(j), 130.001(b)(3)-(4), 130.008, 130.090, and
135.06(d), which provide the Coordinating Board with the authority to regulate
dual credit partnerships between public two-year associate degree granting
institutions and public universities with secondary schools.
The amendments affect Texas Education Code §§29.182, 29.184,
54.216, 61.027, 61.076(j), 130.001(b)(3)-(4), 130.008, 130.090, and 135.06(d).
§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)-(h)
(No change.)
(i)
Funding.
(1)
The state funding for dual credit courses will be available
to both public school districts and colleges based on the current
funding
rules of the State Board of Education and the Board
[
(2)
(No change.)
(3)
All
[
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 July 29, 2003.
TRD-200304595
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
Subchapter C. TOBACCO LAWSUIT SETTLEMENT FUNDS
19 TAC §6.73
The Texas Higher Education Coordinating Board proposes amendments
to §6.73, concerning the Permanent Fund for Nursing, Allied Health, and
Other Health-Related Education Grant Program in accordance with recent legislation
(House Bill 3126) and Texas Education Code, §§63.201 through 63.203.
Specifically, these amendments will implement legislation that directs the
Texas Higher Education Coordinating Board to give grant funds to eligible
institutions with nursing programs.
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 be no fiscal implications to state or local
government as a result of enforcing or administering the section as proposed.
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 administering
the section will be the additional attention given to addressing the shortage
of nurses. There will be 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 Ms. Chris Fowler,
1200 East Anderson Lane, Austin, Texas, 78758, 512/427-6217, Chris.Fowler@thecb.state.tx.us.
The amendments are proposed under Texas Education Code, §63.202,
which directs the Coordinating Board to adopt rules for the award of grants
from investment returns of the Permanent Fund.
The amendments affect Texas Education Code, §§63.201 and 63.202.
§6.73.Nursing, Allied Health and Other Health-Related Education Grant Program.
(a) - (g)
(No change.)
(h)
This subsection pertains to the
2004-05 and 2006-07
biennia
[
(1)
Funds available to the program for the
2004-05 and
2006-07 biennia
[
[
(A)
[
(B)
[
(2)
In subsection (a)(4), of this section, eligible institutions,
as they pertain to subsection (h)(1) [
(3)
In subsections (a)(5), (a)(8),
(a)(9),
and (b)(4),
of this section, the following pertain to subsection (h)(1)
(A)
[
(A)
Eligible programs - Nursing initiatives that propose to
address the shortage of registered nurses by developing new or existing activities
and projects that will promote innovation in
the education,
[
(B)
Minimum award - Minimum award is $10,000 per award in any
fiscal year.
(C)
Maximum award - Maximum award
is $150,000 per award in any fiscal year.
(D)
[
[
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 July 28, 2003.
TRD-200304566
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
Subchapter A. PURPOSE, AUTHORITY, AND DEFINITIONS
19 TAC §§12.1 - 12.3
The Texas Higher Education Coordinating Board proposes amendments
to §§12.1-12.3, concerning the Success Initiative assessment requirements
and the replacement of references to proprietary schools or institutions with
references to career schools or colleges. Specifically, the proposed amendments
replace the term "proprietary school" with the term "career schools or colleges",
to correspond with the change in terms mandated by amendments to Texas Education
Code, Chapter 132 in Senate Bill 1343 of the 78th Texas Legislature. The amendment
to §12.3 deletes the provision regarding the Texas Academic Skills Program
(TASP), and replaces that provision 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 to §12.3 requires the
career schools or colleges to assess, advise, and develop a plan for each
student to assure college-readiness.
Dr. Glenda Barron, Assistant Commissioner for Community and Technical Colleges
has determined that for each year of the first five years the sections are
in effect, there will not be any fiscal implication to state or local government
as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be the appropriate alignment of rules with
legislation enacted by the 78th Texas Legislature. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Dr. Glenda O. Barron,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711; Glenda.Barron@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, Chapter
132, §132.063, and Chapter 61, Subchapter G, which provide 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 study leading to associate degrees offered by career schools
and colleges.
The amendments affect Texas Education Code, Chapter 132.
§12.1.Purpose.
The purpose of this chapter is to assure the quality and integrity
of associate degree programs offered by
career schools and colleges
[
§12.2.Authority.
The Texas Education Code, Chapter 132, §132.063, and Chapter 61,
Subchapter G, authorize the Board to adopt policies, enact regulations, and
establish rules to enforce minimum standards for the approval and on-going
assessment of programs of study leading to associate degrees offered by
career schools and colleges
[
§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)
Agent--A
career schools and colleges
[
(2)-(3)
(No change)
(4)
[
(A)
That offers or maintains a course or courses of instruction
or study; or
(B)
At which place of business such a course or courses of
instruction or study is available through classroom instruction or by correspondence,
or both, to a person for the purpose of training or preparing the person for
a field of endeavor in a business, trade, technical, or industrial occupation,
or for avocational or personal improvement.
(5)
[
(6)
[
(A)
In the case of ownership by an individual, when more than
50 percent of the institution has been sold or transferred;
(B)
In the case of ownership by a partnership or a corporation,
when more than 50 percent of the institution or of the owning partnership
or corporation has been sold or transferred;
(C)
When the board of directors, officers, shareholders, or
similar governing body has been changed to such an extent as to significantly
alter the management and control of the institution; or
(D)
A change of ownership or control does not include a transfer
which occurs as a result of the retirement or death of the owner if transfer
is to a member of the owner's family who has been directly and constantly
involved in the management of the institution for a minimum of two years preceding
the transfer. For the purposes of this section, a member of the owner's family
is a parent, sibling, spouse or child; spouse's parent or sibling; or sibling's
or child's spouse.
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(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.
(17)
[
(A)
Is not a public junior college, public senior college,
or university, medical or dental unit or other agency as defined in the Texas
Education Code, §61.003;
(B)
Is incorporated under the laws of this state, or maintains
a place of business in this state, or has a representative present in this
state, or solicits business in this state; and
(C)
Furnishes or offers to furnish courses of instruction in
person, by electronic media, or by correspondence leading to a degree or provides
or offers to provide credits alleged to be applicable to a degree.
(18)
[
(19)
[
(20)
Prospective student--An individual who expresses interest
in a program of study and who is provided with written information about the
institution or any of the institutions' programs.
(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)
[
[
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 July 28, 2003.
TRD-200304568
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§12.22 - 12.33, 12.35 - 12.39
The Texas Higher Education Coordinating Board proposes amendments
to §§12.22-12.33, and §§12.35-12.39, concerning the Success
Initiative assessment requirements and the replacement of references to proprietary
schools or institutions with references to career schools or colleges. Specifically,
the proposed amendments replace the term "proprietary school" with the term
"career schools or colleges", to correspond with the change in terms mandated
by amendments to Texas Education Code, Chapter 132 in Senate Bill 1343 of
the 78th Texas Legislature. An amendment to §12.38 is proposed only to
correct a cross reference to Board rules that were reorganized and renumbered. §§12.24,
12.28, and 12.30 are also 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 to these rules require the career schools or colleges to assess,
advise, and develop a plan for each student to assure college-readiness.
Dr. Glenda Barron, Assistant Commissioner for Community and Technical Colleges
has determined that for each year of the first five years the sections are
in effect, there will not be any fiscal implication to state or local government
as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be the appropriate alignment of rules with
legislation enacted by the 78th Texas Legislature. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Dr. Glenda O. Barron,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711; Glenda.Barron@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, Chapter
132, §132.063, and Chapter 61, Subchapter G, which provide 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 study leading to associate degrees offered by career schools
and colleges.
The amendments affect Texas Education Code, Chapter 132.
§12.22.Fees and Expenses.
(a)
The Board is authorized to establish and collect fees from
institutions to offset the costs of associate degree program coordination
and administration for
career schools and colleges
[
(b)-(d)
(No change.)
§12.23.Application for a Certificate of Authority.
(a)
Prior to submission of an initial request for approval
to offer an associate degree program, a
career school or college
[
(b)
A
career school or college
[
(1)-(2)
(No change.)
(c)
(No change.)
§12.24.Standards for Associate Degree-Granting Career Schools and Colleges [
The decision to grant a Certificate of Authority to a
career school
or college
[
(1)-(6)
(No change.)
(7)
Administrative Resources. The director of a
career
school or college
[
(8)-(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.)
§12.25.Commissioner Action on an Application for a Certificate of Authority.
(a)
The Commissioner or his/her designee shall approve or disapprove
the Application for a Certificate of Authority. Approval of the Application
grants the
career school or college
[
(b)
(No change.)
§12.26.Change of Ownership or Control.
(a)
In the event of a change in ownership or control of a
career school or college
[
(b)
Authorization to retain the Certificate of Authority during
the term of a change of ownership or control may be granted by the Commissioner
provided that Board staff are notified of the impending transfer and that
the following conditions are met:
(1)
presentation of acceptable evidence that the new owner
is complying with all Texas Workforce Commission requirements regarding the
purchase or transfer of ownership of a
career school or college
[
(2)-(3)
(No change.)
(c)-(d)
(No change.)
(e)
If the ownership or control of a
career school or
college
[
§12.27.Closure of a Career School or College [
(a)
The governing board, owner, or chief executive officer
of a
career school or college
[
(b)
If a
career school or college
[
(c)
The Certificate of Authority for a
career school or
college
[
§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, [
§12.29.Accreditation.
(a)
Career schools and colleges
[
(b)
If cited by an accreditor, a
career school or college
[
(c)
A
career school or college
[
§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).
[
§12.31.Transfer of Credit.
A
career school or college
[
§12.32.Graduation and Job Placement Rates.
A
career school or college
[
§12.33.The Associate of Occupational Studies (AOS) Degree.
Granting of the AOS degree shall only occur according to the following
terms:
(1)
(No change.)
(2)
The State of Texas has four
career schools or colleges
[
(3)
No new AOS degree programs in other fields from these four
career schools or colleges
[
(4)
No new AOS degree programs from any other
career schools
or colleges
[
(5)
A
career school or college
[
§12.35.Credit for Prior Learning.
(a)
If a
career school or college
[
(b)
(No change.)
§12.36.Complaints.
(a)
The Board may investigate a written complaint about a
career school or college
[
(b)
(No change.)
(c)
If the allegations in the complaint, if found to be true,
constitute a violation of Board rules, standards, and/or guidelines, the Board
shall, within 10 days of receipt of the complaint:
(1)-(2)
(No change.)
(3)
provide the
Career Schools and Colleges
[
(4)
(No change.)
(d)
Upon receipt of written notification from the Board under
subsection (c) of this section, a
career school or college
[
(e)-(g)
(No change.)
§12.37.Legal Proceedings.
(a)
A
career school or college
[
(b)-(d)
(No change.)
§12.38.Exemption from the Texas Education Code, Chapter 132.
(a)
A
career school or college
[
(1)
apply for a Certificate of Authority to operate as a private
postsecondary educational institution according to the provisions of Chapter
7
[
(2)
(No change.)
(b)
If an exempt institution relinquishes its exempt status
and becomes licensed by the State of Texas to operate as a
career school
or college
[
§12.39.Withdrawal of a Certificate of Authority.
(a)
A Certificate of Authority may be withdrawn by the Commissioner
if an agent of a
career school or college
[
(1)-(3)
(No change.)
(4)
is found to have engaged in any deceptive practice, misrepresentation
of fact, and/or fraud relating to the operation of the
career school
or college
[
(5)
is found to have engaged in any activity, conduct, and/or
behavior relating to the operation of the
career school or college
[
(6)
intentionally inhibits, obstructs, or interferes with,
either directly or indirectly, the official duties and/or activities of a
member of the Board staff and/or a person who has been appointed to represent
the Board for the purpose of conducting an on-site inspection of a
career
school or college
[
(7)
intentionally harasses, causes to be harassed, or permits
harassment of a member of the Board staff and/or a person who has been appointed
to represent the Board while such individual(s) is/are on any property under
the control of the
career school or college
[
(b)
(No change.)
(c)
A Certificate of Authority is automatically withdrawn if
after receiving 60 days advance notification of the annual fee amount and
the date upon which the fee is due, a
career school or college
[
(d)-(e)
(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 July 28, 2003.
TRD-200304569
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§12.41 - 12.44
The Texas Higher Education Coordinating Board proposes amendments
to §§12.41-12.44, concerning the replacement of references to proprietary
schools or institutions with references to career schools or colleges. Specifically,
the proposed amendments replace the term "proprietary school" with the term
"career schools or colleges", to correspond with the change in terms mandated
by amendments to Texas Education Code, Chapter 132 in Senate Bill 1343 of
the 78th Texas Legislature.
Dr. Glenda Barron, Assistant Commissioner for Community and Technical Colleges
has determined that for each year of the first five years the sections are
in effect, there will not be any fiscal implication to state or local government
as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be the appropriate alignment of rules with
legislation enacted by the 78th Texas Legislature. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Dr. Glenda O. Barron,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711; Glenda.Barron@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, Chapter
132, §132.063, and Chapter 61, Subchapter G, which provide 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 study leading to associate degrees offered by career schools
and colleges.
The amendments affect Texas Education Code, Chapter 132.
§12.41.New Program Application.
In accordance with the Guidelines for Instructional Programs in Workforce
Education, each
career school or college
[
(1)
(No change.)
(2)
Application for Approval of a New Workforce Program (for
Career Schools and Colleges
[
(3)
Statement of Assurances (for
career schools and colleges
[
(A)-(L)
(No change.)
(4)
(No change.)
§12.42.New Program Approval.
(a)
The Board staff shall review the Application and accompanying
documentation for satisfactory fulfillment of the new program requirements
and procedures as outlined in the Guidelines for Instructional Programs in
Workforce Education. The staff shall confer with the
career school or
college
[
(b)-(d)
(No change.)
(e)
A
career school or college
[
§12.43.Program Revision and Closure.
(a)
Each
career school or college
[
(b)
A
career school or college
[
(c)
(No change.)
§12.44.Contract Instruction.
Career schools and colleges
[
(1)
(No change.)
(2)
courses offered under a contractual agreement shall remain
the responsibility of the contracting
career school or college
[
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 July 28, 2003.
TRD-200304570
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
Subchapter E. TUITION REBATES FOR CERTAIN UNDERGRADUATES
19 TAC §13.82
The Texas Higher Education Coordinating Board proposes amendments
to §13.82 concerning the $1000 tuition rebate for certain undergraduates.
Specifically, the amendments implement a change mandated by House Bill 1890
of the 78th Legislature. The amendments exclude up to nine hours of credit
earned exclusively by examination from the total of hours attempted that is
used to determine eligibility for the rebate.
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. There
will be a small additional cost to general academic universities that will
have to be paid from local funds.
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 administering
these sections will be to encourage students to complete their undergraduate
education within a few courses outside of their degree plans. 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 to the rule may be submitted to Dr.
Marshall A. Hill, Ph.D., 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 are proposed under the Texas Education Code, §54.0065(i),
which requires the Board to adopt rules for the administration of the tuition
rebate program. The amendment also implements required changes to the program
that result from House Bill 1890 of the 78th Legislature.
The amendments affect Texas Education Code, §54.0065.
§13.82.Eligible Students.
To be eligible for rebates under this program, students must meet all
of the following conditions:
(1)-(3)
(No change.)
(4)
They must have attempted no more than three hours in excess
of the minimum number of semester credit hours required to complete the degree
under the catalog under which they were graduated. Hours attempted include
transfer credits, course credit earned exclusively by examination,
(except
that, for the purposes of this program, only the number of semester credit
hours earned exclusively by examination in excess of nine semester credit
hours is treated as hours attempted),
courses [
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 July 28, 2003.
TRD-200304565
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
Subchapter B. DETERMINING RESIDENCE STATUS
19 TAC §21.26
The Texas Higher Education Coordinating Board proposes amendments
to §21.26 of Board rules, concerning tuition waivers for members of the
U.S. Armed Forces, Army National Guard, Air National Guard, and Commissioned
Officers of the Public Health Service. Specifically, amendments to §21.26
implement statutory changes to §54.058 of the Texas Education Code, passed
in H.B. 261 by the 78th Texas Legislature, Regular Session, and provide that
either the spouse or the child of a member of the Armed Forces may be considered
a resident for tuition purposes in certain instances involving the relocation
or death of the member of the Armed Forces. The amendments will allow the
member of the Armed Forces or the member’s child or spouse to continue
paying the resident tuition rate even if the person is no longer a member
of the Armed Forces or a child or spouse of the member of the Armed Forces
and will allow the resident tuition rate to be paid if a person is continuously
enrolled in the same degree or certificate program. A person is not required
to enroll in a summer term to remain continuously enrolled.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be no 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 are in effect, the public benefit anticipated as a result of
administering the sections will be to allow members of the Armed Forces and
their families to more easily obtain a higher education in Texas. There is
no effect on small businesses. There are 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 proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §54.053,
which states that the governing board of each institution is subject to the
residency rules and interpretations issued by the Coordinating Board, and §54.058.
The amendments affect the Texas Education Code, Chapter 54, §54.058.
§21.26.Exceptions.
(a)
(no change)
(b)
Waivers that Allow Nonresidents to Register While Paying
the Resident Tuition Rate:
(1)- (10)
(No change.)
(11)
Members of the U.S. Armed Forces, Army National Guard,
Air National Guard, and Commissioned Officers of the Public Health Service.
(A)
(No change.)
(B)
After
[
(C)
Out-of-State Military. The spouse and
/or
dependents
of nonresident members of the U.S. Armed Forces, members of Texas units of
the Army or Air National Guard, or Commissioned Officers of the Public Health
Service stationed outside of Texas are entitled to immediately start paying
the resident tuition rate in Texas if
the spouse and/or child moves
[
(D)
Survivors. The spouse and
/or
dependents of
nonresident members of the U.S. Armed Forces, members of Texas units of the
Army or Air National Guard, or Commissioned Officers of the Public Health
Service who die while in service are entitled to pay the resident tuition
rate if
the spouse and/or child moves
[
(E)- (G)
(No change.)
(H)
Previous Recipients of Military
Waivers. A member of the Armed Forces of the United States or the child or
spouse of a member of the Armed Forces of the United States who is entitled
to pay tuition and fees at the rate provided for Texas residents under another
provision of this section while enrolled in a degree or certificate program
is entitled to pay tuition and fees at the rate pay tuition and fees at the
rate provided for Texas residents in any subsequent term or semester while
the person is continuously enrolled in the same degree or certificate program.
For purposes of this subsection, a person is not required to enroll in a summer
term to remain continuously enrolled in a degree or certificate program. The
person's eligibility to pay tuition and fees at the rate provided for Texas
residents under this subsection does not terminate because the person is no
longer a member of the Armed Forces of the United States or the child or spouse
of a member of the Armed Forces of the United States.
(I)
[
(J)
[
(K)
[
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 July 29, 2003.
TRD-200304584
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §21.53, §21.55
The Texas Higher Education Coordinating Board proposes amendments
to §21.53 and §21.55, concerning a change in the definitions and
the eligibility of students for a Hinson-Hazlewood College Student Loan. Specifically,
the amendment to §21.53 implements the statutory change to §132.001
of the Texas Education Code, passed in S.B. 1343 by the 78th Texas Legislature,
Regular Session, and changes the definition of an educational institution
that is not public or private nonprofit from "proprietary institution of higher
education" to "career college." The amendment to §21.55 implements new §52.41
of the Texas Education Code, passed in S. B. 286 of the 78th Texas Legislature,
Regular Session, and restricts the issuance of loans under the Federal Stafford
Student Loan Program to borrowers who have been or will be issued a student
loan under any other also loan program administered by the Board.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the sections are in effect, there
will be no 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 are in effect, the public benefit anticipated as a result of
administering the sections will be to make our definitions reflect recent
changes to state statutes, and to allocate loan funds between programs in
a manner that is most beneficial to the state. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under §61.027 of the Texas Education
Code, which provides the Coordinating Board with general rule-making authority;
under §52.01 of the Texas Education Code, which provides the Board with
the authority to administer the student loan program; §132.001 of the
Texas Education Code; and new §52.41 of the Texas Education Code.
The amendments affect the Texas Education Code, §132.001, and §§52.31
- 52.41.
§21.53.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)-(16)
(No change.)
(17)
Career college
[
(18)-(19)
(No change.)
§21.55.Eligibility of Students.
The Commissioner may authorize, or cause to be authorized, Hinson-Hazlewood
College Student Loans to students at any eligible institution which certifies
that the student meets program qualifications, if the student:
(1)-(8)
(No change.)
(9)
for FSLP, if attending a
career college
[
(A)-(G)
(No change.)
(10)
for FSLP, has been issued
or will be issued a student loan under any loan program administered by the
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 July 29, 2003.
TRD-200304585
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§21.121 - 21.133
The Texas Higher Education Coordinating Board proposes new §§21.121-21.133,
regarding the Texas B-On-Time Student Loan Program. Specifically, the new
sections implement §§56.451-56.464 of the Texas Education Code,
passed in S.B. 4 by the 78th Texas Legislature, Regular Session, define eligible
institutions, and provide eligibility requirements for students receiving
initial loans, as well as conditions whereby a student may remain eligible
to receive a loan. The new sections provide for conditions whereby students
who fail to meet eligibility requirements may later restore their eligibility,
and provide conditions for making disbursements to students and for waiving
the course load requirement. The new sections make provisions for loan amounts,
the forgiveness of loans, loan interest, the repayment of loans, for discharging
loans in the event of death or total disability of the borrower, and for methods
of enforcing the collection of payments.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be fiscal implications to state or local government as a result
of enforcing or administering the rules. The cost for administering the program
and for making loans will be approximately $23 million in Fiscal Year 2004
and $25 million in Fiscal Year 2005.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. 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 proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The new sections are proposed under the Texas Education Code, §§56.451-56.464.
The new sections affect the Texas Education Code, Chapter 56, Subchapter
Q, §§56.451-56.464.
§21.121.Authority and Purpose.
(a)
Authority. Unless otherwise noted in a section, the authority
for these provisions is provided by the Texas Education Code, §§56.451
- 56.464.
(b)
Purpose. This subchapter establishes rules relating to
the administration of the Texas B-On-Time student loan program that has been
authorized by the Texas Legislature to improve and increase access to higher
education in the State of Texas.
§21.122.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
(3)
Default- the failure of a borrower to make loan installment
payments for a total of 180 days
(4)
Recommended or Advanced High School Program- the high school
curriculum recommended under §28.025 (a) of the Texas Education Code
(5)
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.
§21.123.Institutions.
(a)
Institutions that are eligible for Texas B-On-Time loans
are institutions of higher education as defined in Texas Education Code, §61.003(8),
and private or independent institutions of higher education as defined in
Texas Education Code, §61.003(15).
(b)
The Board shall provide a roster of its borrowers to each
eligible institution prior to the end of each enrollment period. Within a
reasonable period after the institution receives the roster, the Office of
the Registrar shall identify all records of each student, and the institution
shall supply information on each student borrower to the Board in a form prescribed
by the Commissioner.
(c)
In any academic year, if there are insufficient funds available
to provide Texas B-On-Time loans to all eligible students, the Board will
allocate funds to the institutions in proportion to the size of their full-time
undergraduate populations. The institutions shall award the loans to the students
according to financial need.
§21.124.Initial Eligibility for Loans.
(a)
The Commissioner may authorize Texas B-On-Time Loans to
students at any eligible institution which certifies that the student:
(1)
is a resident of Texas as defined in these rules;
(2)
graduated not earlier than the 2002-2003 school year under
the Recommended or Advanced High School Program from a public or accredited
private high school in Texas or received an associate degree from an eligible
institution not earlier than May 1, 2005;
(3)
has not been granted a baccalaureate degree;
(4)
is enrolled for a full-time course load, as determined
by the institution, in an undergraduate degree or certificate program at an
eligible institution;
(5)
is eligible for federal financial aid, except that the
student is not required to meet any financial need requirements applicable
to other financial aid programs;
(b)
A student is not required to be 18 years of age at the
time that he or she establishes eligibility for participation in the program;
for the purpose of any promissory note executed by a borrower, the defense
that he or she was a minor at the time he or she executed a note shall not
be available to him or her in any action arising on the note.
§21.125.Continued Eligibility for Loans.
(a)
After initially qualifying for a Texas B-On-Time loan,
a student may continue to receive a Texas B-On-Time loan for each semester
or term at an eligible institution if he or she continues to meet all initial
eligibility requirements in §21.124 of this title (relating to Initial
Eligibility for Loans) and additionally:
(1)
if the student is enrolled in his/her first academic year
at the institution, the student must make satisfactory academic progress toward
a degree or certificate as determined and reported to the Board by the institution;
(2)
if the student is enrolled at a qualifying institution
in any academic year after his/her first academic year, the student:
(A)
must have completed at least 75 percent of the hours attempted
in the most recent academic year; and
(B)
must have a cumulative grade point average of at least
2.5 on a four-point scale, or the equivalent;
(b)
A student may not receive a Texas B-On-Time loan for more
than 150 semester credit hours or the equivalent. If, in any given academic
period, a student drops courses so that he or she is no longer taking a full-time
course load as determined by the institution, and the Board does not receive
a refund of the Texas B-On-Time loan for that period, the dropped courses
will be counted toward the calculation of the 150-hour limit.
(c)
If a person fails to meet any of the requirements for receiving
a continuation award as outlined in Subsection (a) of this section after completion
of any year, the person may not receive a Texas B-On-Time Loan until he or
she completes courses while not receiving a Texas B-On-Time Loan and meets
all the requirements of Subsection (a) (2) of this section as of the end of
that period of enrollment.
§21.126.Disbursement to Students.
(a)
No disbursement shall be made to any student until:
(1)
the student has submitted an application containing the
names of two personal references who live at different addresses, who are
gainfully employed, and who are expected to know the student’s whereabouts
at all times throughout the life of the loan;
(2)
the student certifies that he or she has read and understands
the rights and responsibilities of a borrower of a Texas B -On-Time Loan;
(3)
the student has executed a promissory note payable to the
program for the full amount of any loan plus other authorized fees; and
(4)
the Board has received the original of such executed promissory
note.
(b)
A loan warrant must be negotiated or returned to the Board
on or before the 120th day after the loan warrant issue date, or the warrant
will be cancelled and the student will no longer be considered to be in the
program.
(c)
A person receiving a Texas B-On-Time loan may use the money
to pay for any usual and customary costs of attendance incurred by the student
at an eligible institution, including tuition, fees, books, and room and board.
(d)
Each student borrowing a Texas B-On-Time loan shall pay
an origination fee in an amount that is determined from time to time by the
Commissioner. The fee is deducted from the loan proceeds at the time of disbursement.
The rate of the loan origination fee shall be posted on the Board’s
web site.
§21.127.Waiver of Course Load Requirement.
(a)
The Board may waive the full-time course load requirement
based on hardship and other good cause for a student that is enrolled less
than full time, but who is enrolled for at least six semester hours and who
is otherwise eligible for a Texas B-On-Time loan.
(b)
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 the student’s institution in determining
whether or not these circumstances warrant exception to the full-time course
load requirement.
(c)
If the onset of a condition that constitutes a hardship
should occur after a student has enrolled for a full-time course load, and
the Commissioner determines that the student is justified by his or her circumstances
in dropping to no fewer than six semester hours, the Commissioner may also,
at his discretion, make a determination that the dropped courses will not
count against the 75 percent requirement described in §21.125 (a)(2)(A)
of this title (relating to Continued Eligibility for Loans), or toward the
150 hour maximum described in §21.125 (b) of this title (relating to
Continued Eligibility for Loans). Among the circumstances that the Commissioner
may take into consideration in making this determination is whether the student
has dropped below full-time in other academic periods while receiving loans
under this program.
§21.128.Loan Amount.
(a)
For students at public and private or independent four-year
institutions, the maximum amount of loan for a semester or term shall be the
amount determined by the Board as the average statewide amount of tuition
and required fees for a full-time course load for resident undergraduate students
at general academic teaching institutions.
(b)
For students at public technical institutes, the maximum
amount of loan for a semester or term shall be the amount determined by the
Board as the average statewide amount of tuition and required fees for a full-time
course load for resident students in an associate degree or certificate programs
at public technical institutes.
(c)
For students at public community/junior colleges and private
or independent junior colleges, the maximum amount of loan for a semester
or term shall be the amount determined by the Board as the average statewide
amount of tuition and required fees for a full-time course load at a public
junior college for students who are residents of junior college districts.
(d)
In January of each year, the program’s annual loan
limits for the following academic year shall be posted on the Board’s
web site.
§21.129.Forgiveness of Loans.
A Texas B-On-Time loan shall be forgiven if the student is awarded
an undergraduate degree or certificate from an eligible institution, and the
student either:
(1)
graduated with a B average, or the equivalent of a cumulative
grade point average of at least 3.0 on a four-point scale, within:
(A)
four calendar years after the date the student initially
enrolled in an eligible four year institution;
(B)
five calendar years, if the degree is in architecture,
engineering, or any other program determined by the Board to require more
than four years to complete; or
(C)
two calendar years after the date the student initially
enrolled in an eligible public technical institute or public junior college;
or
(2)
graduated with a B average, or the equivalent of a cumulative
grade point average of at least 3.0 on a four-point scale, with a total number
of course credit hours, including transfer credit hours and hours earned exclusively
by examination, that is not more than six hours more than the number of credit
hours required to complete the degree or certificate.
§21.130.Loan Interest.
There shall be no interest charged for a Texas B-On-Time Loan unless
a judgment is obtained against the borrower for default in payment. If a judgment
should be taken, the interest rate shall be the amount specified in §304.003
of the Texas Finance Code, (relating to Judgment Interest Rate: Interest Rate
or Time Price Differential Not in Contract).
§21.131.Repayment of Loans.
(a)
All loans extended under this program to any borrower shall
be placed by the Board into an "account," with the full amount of principal
and any fees and costs that accrue over the life of the loans to be repaid
in monthly installments which shall be calculated to repay the account over
a period of not more than 15 years from the beginning of the repayment period.
In no case will the minimum annual repayment on the account be less than $900.
(b)
The repayment period shall begin no earlier than six months
after the date on which the student ceases to be enrolled continuously in
an eligible institution, as determined by the institution.
(c)
An education deferment is available to any borrower whose
account is not in a default status and who provides the Board with documentation
of enrollment for at least a half-time course load.
(d)
The Commissioner may grant periods of forbearance in the
form of postponed or reduced payments for unusual financial hardship if the
Board receives a written request stating the circumstances that merit such
consideration.
(e)
A charge of 5 percent of the scheduled monthly payment
or five dollars ($5.00), whichever is less, shall be assessed if the past
due amount is not received within 20 days of the scheduled due date. These
charges shall be collected for late payment of all sums due and payable and
shall be taken out of the next payment received by the Board.
(f)
In the case of delinquent accounts, the Commissioner may
authorize the assessment of charges necessary to collect the loan, which may
include returned check fees, court costs fees, attorney fees, skip-trace fees,
and long-distance telephone charges.
(g)
Each payment that is received from the borrower to be credited
to his or her account will be applied in the following manner:
(1)
first, to any outstanding late charges and collection costs
that may have accrued to the account; and
(2)
next, to principal of the earliest dated note in the account.
§21.132.Deceased or Disabled Borrowers.
(a)
All loans through the Texas B-On-Time Loan Program are
discharged in the event of the borrower’s death or permanent and total
disability.
(b)
Verification of death, and determination of permanent and
total disability of a borrower through the Texas B-On-Time Loan Program, shall
be made in accordance with student loan industry standards.
(c)
The final determination of permanent and total disability
of a borrower shall be made by the Commissioner.
§21.133.Enforcement of Collection.
(a)
When any Texas B-On-Time borrower fails to make as many
as five monthly payments due in accordance with his or her repayment schedule,
the full amount of remaining principal and other charges shall become due
and payable immediately.
(b)
When as many as six payments have been missed, the loans
will be considered to be in default, and the Office of the Attorney General,
at the request of the Commissioner, may file suit for the unpaid balance plus
court costs, attorney fees, and judgment interest, as described in §21.130
of this title (relating to Loan Interest).
(c)
All records of each student who is a borrower under this
Subchapter shall be so identified in the Office of the Registrar at each eligible
institution. The institution may not release an official certified copy of
such records, nor may any student in this program re-register for classes
in the institution, until the Texas B-On-Time program officer at the institution
certifies to the registrar that the borrower’s B-On-Time account is
in good condition. The Commissioner must approve exceptions to this section
in advance of the institution’s release of an official certified copy
of the records or of the borrower’s re-registration.
(d)
In accordance with state law, the Board will notify the
Comptroller of Public Accounts when a borrower’s account has become
90 days or more past due. Until the delinquency is cured, no state warrant
other than a wage warrant will be released to the borrower. This prevents
the delinquent borrower from receiving further warrants for state student
financial aid.
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 July 29, 2003.
TRD-200304579
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§21.171 - 21.176
The Texas Higher Education Coordinating Board proposes new §§21.171-21.176,
concerning the Teach for Texas Loan Repayment Assistance Program. Specifically,
the new sections implement statutory changes to §§56.351 through
56.355 and §§56.3575 and 56.359 of the Texas Education Code, passed
in S.B. 286 by the 78th Texas Legislature, Regular Session, and state the
Board’s authority for the administration of the program, the purpose
of the program, the priority of distribution of funds in case of competing
applications, the eligibility requirements for teachers and for types of education
loans that will be repaid by the program, and the conditions for repayment
of education loans. The new sections will replace the Teach for Texas Conditional
Grant program.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the sections are in effect, there
will not be any fiscal implications to state or local government as a result
of enforcing or administering the proposed rules.
Ms. Hollis has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering these sections (if funds are appropriated) will be an increase
in the number of classroom teachers in communities and subjects for which
there is an acute shortage of teachers in Texas. There is no effect on small
businesses. There is no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no negative impact on local
employment.
Comments on the proposed new rules may be submitted to Ms. Lois Hollis,
Assistant Commissioner for Student Services, Texas Higher Education Coordinating
Board, P. O. Box 12788, Austin, Texas 78711-2788, or by e-mail to lois.hollis@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §56.3575,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of this subchapter.
The new rules affect Texas Education Code, §§56.351- 56.355, §56.375
and §56.359.
§21.171.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter O, Teach for Texas Loan Repayment Assistance
Program. These rules establish procedures to administer the subchapter as
prescribed in the Texas Education Code, §61.702.
(b)
Purpose. The purpose of the Teach for Texas Loan Repayment
Assistance Program is to recruit and retain classroom teachers in communities
and subjects for which there is an acute shortage of teachers in Texas.
§21.172.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)
Classroom Teacher--A person who is employed full-time by
a public school district and in that capacity teaches at least four hours
each day. The term does not include a teacher's aide or a full-time administrator.
(3)
Program--Teach for Texas Loan Repayment Assistance Program.
(4)
Service Period--A period of service of at least 9 months
of a 12-month academic year.
(5)
Default--For purposes of this subchapter, a loan is considered
in default if it is reduced to judgment.
§21.173.Priorities of Application Acceptance.
Acceptance of applications will depend upon the availability of funds.
An application deadline will be established each year and published on the
Board’s web site. Applications will be ranked according to the following
criteria:
(1)
Renewal applicants shall be given priority over first-time
applicants unless a break in service periods has occurred.
(2)
Financial need as evidenced by the total amount of student
loan indebtedness.
(3)
Severity of shortage of teachers in the community or teaching
field as described in §21.174 of this title (relating to Eligible Teacher).
§21.174.Eligible Teacher.
To be eligible for loan repayment an individual must:
(1)
be certified in a teaching field identified by the Texas
Education Agency as experiencing a critical shortage of teachers in this state
in the year in which the individual receives the assistance; and
(2)
have for at least one year taught full-time, and be currently
teaching full-time at the preschool, primary, or secondary level in a public
school in this state in:
(A)
a teaching field that has been designated by the Texas
Education Agency as having an acute shortage of teachers in the year for which
the teacher receives the assistance; or
(B)
in a community that has been designated as having an acute
shortage of teachers by the Texas Education Agency; and
(3)
submit a completed application to the Board by the stated
deadline.
§21.175.Eligible Education Loan.
An eligible education loan is one that:
(1)
is evidenced by a promissory note or other writing which
explicitly requires the loan proceeds to be used to pay for costs incurred
for attendance at public or private institution of higher education; and
(2)
is not in default at the time of the application.
§21.176.Repayment of Education Loans.
Eligible education loans shall be repaid under the following conditions:
(1)
the annual repayment(s) shall be in one disbursement made
co-payable to the teacher and the holder(s) of the loan(s);
(2)
the annual repayment amount is the lesser of $5,000 or
the total unpaid balance of the loans(s) and the aggregate amount of loan
repayment shall not exceed $20,000; and
(3)
the teacher shall not receive loan repayment assistance
for more than five years.
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 July 29, 2003.
TRD-200304586
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§21.251, 21.255, 21.262, 21.263
The Texas Higher Education Coordinating Board proposes amendments
to §§21.251, 21.255, 21.262, and 21.263 of Board rules, concerning
the Physician Education Loan Repayment Program. Specifically, amendments to §21.251
clarify the authority for the administration of the program and the purpose
of the program. Amendments to §§21.251 and 21.262 update the name
of the office that handles the program. The amendment to §21.255 merely
updates the statutory authority for the Medically Underserved Community-State
Matching Incentive Program. Amendments to §§21.262 and 21.263 implement
statutory changes to §61.532 of the Texas Education Code, passed in S.B.
286 by the 78th Texas Legislature, Regular Session, and eliminate the program
for family practice residents and clinical faculty members who completed training
in an approved family practice residency training program.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be no 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 are in effect, the public benefit anticipated as a result of
administering the sections will enable the state to attract and retain more
physicians to state agencies or underserved areas of the state by awarding
additional loan repayments. There is no effect on small businesses. There
are 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 proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §61.531,
and §61.532.
The amendments affect Texas Education Code, Chapter 61, Subchapter J, §§61.532
and 61.540.
§21.251. Authority and Purpose.
(a)
Authority. Authority for this
subchapter is provided in the Texas Education Code, Subchapter J, Repayment
of Certain Physician Education Loans. These rules establish procedures to
administer the subchapter as prescribed in the Texas Education Code, §§61.531
through 61.539.
(b)
Purpose.
The purpose of the Physician
Education Loan Repayment Program is to encourage qualified physicians to practice
medicine in designated areas of the state or for specified state agencies.
The purpose of the state-funded portion of the program is to encourage qualified
physicians to practice medicine in a medically underserved area that is economically
depressed or rural or for the Texas Department of Health, the Texas Department
of Mental Health and Mental Retardation, the Texas Department of Criminal
Justice, the Texas Youth Commission, or a Community Health Center. The purpose
of the
State Loan Repayment Program
[
§21.255.Special Limitations.
(a)
An eligible physician is one who:
(1)
(No change.)
(2)
has not received start-up assistance from a sponsoring
community
under the Medically Underserved Community-State Matching Incentive
Program under Government Code, Chapter 487, Subchapter F.
[
(b)
(No change.)
§21.262. Eligibility for State Loan Repayment Program (SLRP) [
SLRP
[
(1)-(4)
(No change.)
§21.263. Eligibility for Family Practice [
(a)
The Texas Family Practice Residency Advisory
Committee
shall
[
[
(b)
[
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 July 29, 2003.
TRD-200304583
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§21.950, 21.954 - 21.958
The Texas Higher Education Coordinating Board proposes amendments
to §§21.950, 21.954, 21.955, 21.956, 21.957, and 21.958, concerning
the Early High School Graduation Scholarship Program. Specifically, the amendments
to §21.950 clarify the authority for the administration of the program
and implement statutory changes to §56.202 of the Texas Education Code,
passed in H.B. 1882 by the 78th Texas Legislature, Regular Session, by clarifying
that the purpose of the program is to provide financial assistance beyond
the cost of tuition. Amendments to §21.954 implement statutory changes
to §56.203 of the Texas Education Code, passed in H.B. 1882 by the 78th
Texas Legislature, Regular Session. Students who graduate from high school
after September 1, 2003, must successfully complete the Recommended or Advanced
High School Program in order to be eligible for the Early High School Graduation
Scholarship Program unless the required courses were unavailable due to course
scheduling, lack of enrollment capacity, or another cause not with the person's
control. The amendments lengthen the time within which a student must graduate
from high school in order to be eligible from 36 to 41 consecutive months
or, if the person graduated with at least 30 hours of college credit, to not
more than 45 consecutive months. Further amendments to §21.954 clarify
that a person's eligibility for the scholarship program ends on the sixth
anniversary of the date the person first becomes eligible to receive funding
through the program unless the person is granted an extension for hardship
or other good cause. A student may not initially use a state credit for enrollment
during any term of a summer session immediately following the person's graduation
from high school. Amendments to §21.956 implement statutory changes to §56.204
of the Texas Education Code, passed in H.B. 1882 by the 78th Texas Legislature,
Regular Session, and clarify that an eligible person is entitled to apply
a state credit to pay mandatory fees in addition to tuition. For students
whose graduation date is after September 1, 2003, the specific amount that
an eligible person may receive will be based on how many months the student
took to successfully complete the Recommended or Advanced High School Program,
and the amount of college credit the student had earned at the time of graduation
from high school. Amendments to §21.957 clarify the process for awarding
scholarships, and amendments to §21.958 clarify the process by which
an institution must make refunds to the Early High School Graduation Scholarship
Program if an award recipient withdraws from or drops a class during the first
four weeks of class.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the sections are in effect, there
will be no 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 sections are in effect, the public benefit anticipated as a result of
administering the sections will be to clarify and enhance the eligibility
requirements of the program and expand the assistance to include mandatory
fees in addition to tuition. There is no effect on small businesses. There
are no anticipated economic costs to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §56.209,
which provides the Coordinating Board with the authority to adopt rules to
administer the Early High School Graduation Scholarship Program and §§56.202,
56.203, and 56.204.
The amendments affect the Texas Education Code, Chapter 56, §§56.201,
56.2075 and 56.213.
§21.950. Authority and Purpose.
(a)
Authority. Authority for this
subchapter is provided in the Texas Education Code, Subchapter K, Early High
School Graduation Scholarship Program. These rules establish procedures to
administer the subchapter as prescribed in the Texas Education Code, §§56.201
through 56.209.
(b)
Purpose.
The purpose of the Early
High School Graduation Scholarship Program is to increase the efficiency of
the Foundation School Program and provide
financial
[
§21.954. Eligibility [
(a)
To be eligible to receive an award through the
Early High School Graduation Scholarship Program, a
student who graduated
from high school before September 1, 2003
, [
(1)
(No change)
(2)
have written approval to graduate early from a parent
or person standing in parental relation to the student;
[
(3)
be a Texas resident, and
[
[
(4)
[
(b)
To be eligible to receive an
award through the Early High School Graduation Scholarship Program, a student
who graduated from high school after September 1, 2003, must:
(1)
have attended high school only in this state;
(2)
have successfully completed the Recommended
or Advanced High School Program established under Texas Education Code, §28.025,
unless the principal or other authorized representative of the student's high
school indicates on the student's transcript that the courses in the Recommended
or Advanced High School Program which the student did not complete were unavailable
to the student at the appropriate time in his or her high school career because
of:
(A)
course scheduling;
(B)
lack of enrollment capacity; or
(C)
another cause not within the person's control,
an explanation for which is provided on the transcript by the official;
(3)
be considered a Texas resident for tuition purposes
as established by the Board in 19 TAC §21.21, et seq, (relating to Determining
Residence Status); and
(4)
have graduated:
(A)
in not more than 41 consecutive months, in which
case the student must provide written approval of a parent or person standing
in parental relation to the student; or
(B)
in not more than 45 consecutive months, if the
student graduated with at least 30 hours of college credit.
(5)
A student's eligibility to receive a tuition
credit under the Early High School Graduation Scholarship Program begins with
the first regular semester or term following the student's graduation, exclusive
of summer sessions that immediately follow the student's graduation. A student's
eligibility to receive a tuition credit under the program ends six years after
it begins, unless the student seeks and is granted an extension under §21.960
of this title (relating to Hardship Extensions).
§21.955.Source of Funding.
Amounts sufficient to reimburse colleges for [
§21.956.Award Amounts.
(a)
If a tuition credit awarded through the
Early High School Graduation Scholarship Program is more than the amount of
the student's first semester's tuition plus, if applicable, mandatory fees,
the balance of the student's award may be used in subsequent semesters.
[
(b)
For students whose graduation date is before
September 1, 2003, the amount of state tuition credit that shall be awarded
to a student through this program:
(1)
may not exceed the least of:
[
(A)
[
(B)
the sum of $1,000 minus the
amount the student received through the Tuition Credit Program; or
(C)
for students attending eligible
private or independent institutions of higher education, the amount of institutional
tuition gift assistance that the institution agrees to offer during the same
enrollment period to match the state award.
[
(2)
may only be applied to reduce
the student's tuition.
(c)
For students whose graduation
date is after September 1, 2003:
(1)
the amount of tuition credit that may be awarded
to a student through this program is:
(A)
$2,000 if the student completed the Recommended
or Advanced High School Program and graduated from high school in 36 consecutive
months or less and an additional $1,000 if the person graduated with at least
15 hours of college credit; or
(B)
$500 if the student completed the Recommended
or Advanced High School Program and graduated from high school in more than
36 consecutive months but not more than 41 consecutive months and an additional
$1,000 if the person graduated with at least 30 hours of college credit; or
(C)
$1,000 if the student completed the Recommended
or Advanced High School Program and graduated from high school in more than
41 consecutive months but not more than 45 consecutive months with at least
30 hours of college credit.
(D)
A student who is attending a private or independent
institution may not receive a greater state tuition credit in any enrollment
period than the amount of gift assistance that is provided by the institution
and credited in the same manner, during that enrollment period.
(2)
The tuition credit award may be applied to reduce
the student's tuition and mandatory fees.
§21.957.Awarding of Scholarships.
(a)
A student who may be
[
(b)
Upon receipt of the high school letter,
if the Board
finds that, other than a determination of residency status, all eligibility
requirements have been met,
the Board will send a letter to the institution
of higher education
so
advising the institution [
(c)
When the student registers at the institution, the institution
is to verify the student's Texas resident status. If the student is a resident
and the institution has a letter of eligibility from the board, it may then
grant the student a
tuition credit
[
(d)
(No change.)
[
[
§21.958.Refunds.
The institution attended by a Tuition Credit award recipient who withdraws
from a class or drops classes during the first four weeks of class will be
expected to make a refund to the Early High School Graduation Scholarship
Program for
the amount
[
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 July 29, 2003.
TRD-200304581
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §21.960
The Texas Higher Education Coordinating Board proposes new §21.960,
concerning the Early High School Graduation Scholarship Program. Specifically, §21.960
implements subsection (c) of §56.203 of the Texas Education Code, passed
in H.B. 1882 by the 78th Texas Legislature, Regular Session, and allows an
otherwise eligible student who graduated from high school on or after September
1, 2003, an extension of one year to use a state credit under the program
if the student demonstrates hardship or other good cause to grant the extension.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the sections are in effect, there
will be no 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 sections are in effect, the public benefit anticipated as a result of
administering the sections will be to clarify and enhance the eligibility
requirements of the program and expand the assistance to include mandatory
fees in addition to tuition. There is no effect on small businesses. There
are no anticipated economic costs to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The new section is proposed under the Texas Education Code, §56.209,
which provides the Coordinating Board with the authority to adopt rules to
administer the Early High School Graduation Scholarship Program and §§56.202,
56.203, and 56.204.
The new section affects the Texas Education Code, Chapter 56, §§56.201,
56.2075 and 56.213.
§21.960.Hardship Extensions.
An otherwise eligible student who graduated from high school on or
after September 1, 2003, and who is unable to use his or her scholarship within
the allotted six years may petition the Board for an extension. Such extensions,
not to exceed one year, may be granted on the basis of hardships or other
good causes, including but not limited to:
(1)
a severe illness or other debilitating condition; or
(2)
responsibility for the care of a sick, injured, or needy
person.
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 July 29, 2003.
TRD-200304582
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
19 TAC §§21.2050 - 21.2056
The Texas Higher Education Coordinating Board proposes new §§21.2050-21.2056,
concerning the Early Childhood Care Provider Student Loan Repayment Program.
Specifically, the new rules implement §§61.873 and 61.876 of the
Texas Education Code, passed in S.B. 286 by the78th Texas legislature, Regular
Session, and provide for the authority, scope and purpose of the program,
applicable definitions, priorities of application acceptance and selection
criteria, eligibility requirements for types of loans that may be repaid through
the program, qualifications for participation in the program, amounts of repayment
and limitations on repayment, and regarding the dissemination of information
about the program. The new sections replace a previous program for Early Childhood
Care Providers that was a combination of a loan forgiveness and loan repayment
program, with a loan repayment program.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the sections are in effect, there
will not be any fiscal implications to state or local government as a result
of enforcing or administering the proposed rules.
Ms. Hollis has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated (if funds are appropriated)
as a result of administering the sections will be an increase in the number
of qualified childcare providers who work in licensed Texas childcare facilities
and whose duties consist primarily of providing childcare or education to
children less than four years old. There is no effect on small businesses.
There is no anticipated economic costs to persons who are required to comply
with the sections as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Ms. Lois Hollis,
Assistant Commissioner for Student Services, Texas Higher Education Coordinating
Board, P. O. Box 12788, Austin, Texas 78711-2788, or by e-mail to lois.hollis@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §61.872,
which authorizes the Coordinating Board to provide assistance in the repayment
of eligible student loans for persons who apply and qualify for the assistance, §61.873
and §61.876.
The new rules affect Texas Education Code, Subchapter T, §§61.873
and 61.876.
§21.2050.Authority and Purpose.
(a)
Authority. The authority for this subchapter is provided
in the Texas Education Code, Subchapter T, Early Childhood Child-Care Worker
Student Loan Repayment Program. These rules establish procedures to administer
the subchapter as prescribed in the Texas Education Code, §§61.871
through 61.878, as amended effective September 1, 2003. For participants who
were awarded loan repayment assistance under the law that was in effect before
September 1, 2003 the agreement entered into with the Board continues in effect
until the participant satisfies all the conditions of the agreement.
(b)
Purpose. The purpose of the Early Childhood Care Provider
Student Loan Repayment Program is to recruit and retain qualified child-care
providers who work in licensed Texas child-care facilities and whose duties
consist primarily of providing child care or education to children less than
four years old.
§21.2051.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Child-care facility--A child-care facility licensed through
the Division of Child Care Licensing of the Texas Department of Protective
and Regulatory Services.
(2)
Default--for purposes of this subchapter a loan is considered
in default if it is reduced to judgment.
(3)
Early childhood care provider--A person who works 31 hours
or more a week in a child-care facility, whether as an employee, owner, or
volunteer, and whose duties consist primarily of providing child care or education
to children less than four years of age.
(4)
Early childhood degree--An associate, baccalaureate, or
graduate degree in early childhood development or a degree that is equivalent
to a degree in early childhood development.
(5)
Education loan--A loan made to an individual for the purpose
of attending a qualifying institution.
(6)
General academic teaching institution--As defined in the
Texas Education Code, §61.003.
(7)
Qualifying Institution--a general academic teaching institution,
as defined in Texas Education Code, §61.003(8), or a private or independent
institution of higher education, as defined in Texas Education Code, §61.003(15),
or an out of state institution that is accredited by a recognized accrediting
agency, as defined within.
(8)
Recognized accrediting agency--The Southern Association
of Colleges and Schools and any other association or organization so designated
by the Board, which are listed in the Board’s rules at 19 TAC §7.3.
(9)
Repayment(s)--Financial assistance for repaying education
loans.
§21.2052.Priorities of Application Acceptance and Selection Criteria.
(a)
Acceptance of applications shall depend on the availability
of funds. If funds are available an application deadline will be established
each year and will be published on the Board’s web site at www.collegefortexans.com.
Selection of applicants to participate in the program shall be based upon
an assessment of an applicant’s financial need.
(b)
Renewal applicants shall be given priority over first-time
applicants.
§21.2053.Eligible Education Loan.
An education loan eligible for repayment is one that:
(1)
was obtained for purposes of attending any qualifying institution;
(2)
is evidenced by a promissory note:
(A)
promising repayment of funds received through any student
loan program,
(B)
with language that clearly indicates that loan proceeds
must be used for direct and indirect expenses at an eligible institution,
or
(C)
for consolidating education loans;
(3)
is not in default at the time of the early childhood care
provider’s application.
§21.2054.Qualifications for Participation.
To be eligible for loan repayment a participant must:
(1)
hold an early childhood degree from a qualifying institution;
and
(2)
be currently employed as an early childhood care provider
in a Texas child-care facility; and
(3)
have completed at least one year of employment as an early
childhood care provider in a Texas child-care facility by the application
deadline.
§21.2055.Amount of Repayments and Limitations.
(a)
Participation in the program may not exceed a total of
five years.
(b)
The total annual loan repayments may not exceed the lesser
of the following:
(1)
15 percent of the total of all remaining scheduled payments
of all education loans based upon a leveled payment schedule on the date of
the annual application deadline;
(2)
the actual annual amount of the loan payments required
by the note and holder of the education loans; or
(3)
an amount published on the Board’s web site, at www.collegefortexans.com,
as the average amount of resident tuition and required fees paid by a person
enrolled full time at a qualifying institution for the most recent academic
year, excluding summer school.
(c)
Repayments shall be made copayable to the child-care provider
and the holder of the education loan notes.
§21.2056.Dissemination of Information.
If funds are available the Board shall distribute rules and pertinent
information about the Early Childhood Care Provider Student Loan Repayment
Program to qualifying institutions offering an early childhood degree and
to appropriate associations, facilities, and other entities.
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 July 29, 2003.
TRD-200304587
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 30, 2003
For further information, please call: (512) 427-6114
Subchapter L. TOWARD EXCELLENCE, ACCESS AND SUCCESS (TEXAS) GRANT PROGRAM
allow
] a student [
who is absent
] from
attending
classes
or other required
activities, including examinations,
for the observance of a religious
holy day
, including travel for that purpose. A student whose absence
is excused under this subsection may not be penalized for that absence and
shall be allowed
to take an examination or complete an assignment
from which the student is excused
[
scheduled for that day
]
within a reasonable time after the absence [
if, not later than the 15th
day after the first day of the semester, the student notifies the instructor
of each class the student had scheduled on that date that the student would
be absent for a religious holy day.
]
If the institution publishes a list of important academic
dates or other schedule of significant dates, it would be appropriate to include
the deadline date for notification by students to faculty members as set out
in this section.
]
(d)
] Each institution may include
in its policies and procedures provisions whereby the instructor may appropriately
respond if the student fails to satisfactorily complete the assignment or
examination within a reasonable time after the absence. Such provisions must
be communicated to the student when the student
informs
[
notifies
] the instructor
about
[
of
]
an
[
a planned
] absence under this section.
Subchapter C. TESTING AND DEVELOPMENTAL EDUCATION
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.
agreement
between the Commissioner of Education and the Commissioner of Higher Education
].
Only a
] public
colleges,
universities, and health-related institutions
[
community college
] may waive
all or part of
tuition and fees for a Texas [
public
] high school student enrolled in a course for which the student
may receive dual course credit. [
Technical colleges, state colleges,
and public universities must charge tuition to dual credit students following
the same guidelines used for regular students.
]
Chapter 6.
HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS
2002-03 biennium
] only (rules are effective only
from September 1,
2003
[
2001
] to August 31,
2007
[
2003
]).
2002-03 biennium
] will be distributed as
grants in proportions determined by the Commissioner through
one or more
[
three separate
] programs
that are based on
:
(A)
a competitive, peer-reviewed
process, as described in subsection (a)-(g) of this section;]
(B)
] a competitive, peer-reviewed
process for eligible institutions proposing to address the shortage of registered
nurses,
and nursing faculty,
as described in subsections (a)-(g)
of this section unless amended in subsections (h)(2) and (h)(3) of this section;
or
[
and
]
(C)
] a
criteria-based,
funding
formula for eligible institutions, as amended in subsection (h)(2) of this
section [
that are seeking to increase enrollments in their nursing programs.
The funding formula will give financial incentives to nursing faculty to provide
clinical and classroom instruction in addition to carrying a full teaching
load. In implementing a funding formula, the Board staff will consider semester
credit hours, contact hours and full-time equivalent faculty positions and
other data reported by or requested of eligible institutions
].
(B) and (h) (1) (C)
] of this
section, are
public
institutions of higher education, private or
independent institutions of higher education and hospitals that offer nursing
programs that prepare students for initial licensure as registered nurses
or that prepare qualified faculty for such nursing programs
.
(B)
] of this section:
the
] recruitment and retention of nursing students and
qualified
faculty.
(C)
] Peer review award criteria
and weights may be adjusted to best fulfill the purpose of the grant program.
(4)
In subsection (a)(8) of this
section, as it pertains to subsection (h) (1) (A) of this section, the minimum
award will be $10,000.]
Chapter 12.
CAREER SCHOOLS AND COLLEGES
proprietary institutions
] by establishing minimum standards and operating
requirements, encouraging continuous improvement of degree programs, and promoting
institutional accountability.
proprietary institutions
].
proprietary institutions
] owner, partner, stockholder, officer, recruiter,
administrator, faculty member, financial aid counselor, academic counselor
or other person who represents the institution in an official capacity. Persons
employed in clerical, custodial, or similar positions, or shareholders with
no direct relationship to the institution, are not considered agents of an
institution.
(19)
]
Career school or college
[
Proprietary institution
]--Any business enterprise operated
for a profit, or on a nonprofit basis, that maintains a place of business
in the State of Texas or solicits business within the State of Texas, and
that is not specifically exempted by this chapter, and:
(4)
] Certificate of Authority--The
document provided to a
career school or college
[
proprietary
institution
] to certify that it has met the standards set forth in the
rules of the Board and that, pursuant to the Texas Education Code, Chapter
132 and Chapter 61, Subchapter G, it is authorized to conduct courses and
grant the degrees specified on the certificate.
(5)
] Change of ownership or control--Any
change in ownership or control of a
career school or college
[
proprietary institution
] or an agreement to transfer control of such
institution. The ownership or control of a
career school or college
[
proprietary institution
] is considered to have changed:
(6)
] Cited--Any reference to an
institution in a negative finding or action by an accreditor.
(7)
] Classification of Instructional
Programs (CIP) Code--The 4- or 6-digit code assigned to an approved associate
degree program in accordance with the CIP manual published by the U. S. Department
of Education, National Center for Education Statistics. CIP codes define the
authorized teaching field of the specified degree program, based upon the
occupation(s) for which the program is designed to prepare its graduates.
(8)
] Commissioner or Commissioner
of Higher Education--The chief executive officer of the Texas Higher Education
Coordinating Board.
(9)
] Concurrent instruction--Students
enrolled in different classes, courses, and/or subjects being taught, monitored,
or supervised simultaneously by a single faculty member.
(10)
] Contract instruction--Specifically
targeted instruction designed by a
career school or college
[
proprietary institution
] and a contracting entity.
(11)
] Degree--Any title or designation,
mark, abbreviation, appellation, or series of letters or words, including
associate, bachelor's, master's, doctor's and their equivalents, which signify,
purport to signify, or are generally taken to signify satisfactory completion
of the requirements of all or part of a program of study which is generally
regarded and accepted as an academic/occupational degree-level program among
Texas postsecondary institutions.
(12)
] Exempt institution--A degree-granting
institution exempt from the Texas Education Code, Chapter 132.
(13)
] Guidelines for Instructional
Programs in Workforce Education--Board-approved publication of policies and
guidelines for the effective design, development, operation, and evaluation
of workforce education programs, in two-year associate degree-granting institutions,
including the elements of applied associate degree programs in
career
schools and colleges
[
proprietary institutions
].
(14)
] Institution--A
career
school or college
[
proprietary institution
].
(15)
] Owner--The owner of a
career school or college
[
proprietary institution
] means:
(16)
] Private postsecondary institution--An
institution of higher education that:
(17)
] Program approval--The process
whereby a
career school or college
[
proprietary institution
] requests approval from the Board to implement a technical or vocational
program of study leading to an applied associate degree.
(18)
] Program or program of study--Any
course or grouping of courses which entitles a student to an applied associate
degree or to credits which are applicable to an applied associate degree.
(21)
] Target market area--The
local, regional, statewide, and/or national area from which the
career
school’s or college’s
[
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
career school or college
[
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
career school or college
[
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
career school
or college
[
proprietary institution
].
(24)
Texas Academic Skills Program
(TASP) Test--The test required under the Texas Education Code, §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.]
Subchapter B. GENERAL PROVISIONS
proprietary
institutions
]. The Commissioner is authorized by the Board to set these
fees in an amount not to exceed the actual cost incurred for the service or
services provided by the staff. The current fee schedule and the nature of
the fees are outlined in the Guidelines for Instructional Programs in Workforce
Education.
proprietary institution
] shall submit to the Board an Application for
a Certificate of Authority.
proprietary
institution
] may submit an Application for a Certificate of Authority
to the Board if it:
Proprietary Institutions ].
proprietary institution
] shall be based upon
its compliance with the following 16 standards.
proprietary institution
] having a Certificate
of Authority shall have daily access to electronic communication, including
e-mail and a connection to the Internet/World Wide Web. All institutions shall
be able to receive time-sensitive information about Board rules and policies
via electronic media.
TASP
] requirements; and
proprietary institution
] the authority to grant associate degrees. However, separate program
approval shall be required for all associate degree programs in accordance
with this chapter.
proprietary institution
], the Certificate
of Authority is automatically withdrawn.
proprietary institution
];
proprietary institution
] is transferred within,
among, or between different subsidiaries, branches, divisions, or other components
of a corporation and if said transfer in no way diminishes the
career
school’s or college’s
[
proprietary institution’s
] administrative capability or educational program quality, the Commissioner
may permit the school to retain its Certificate of Authority during the transfer
period. In such cases, the
career school or college
[
proprietary
institution
] shall fully comply with all provisions outlined in subsection
(b) of this section.
Proprietary Institution ].
proprietary institution
]
which plans to cease operation shall provide the Board with written notification
of intent to close at least 90 days prior to the planned closing date.
proprietary
institution
] closes or intends to close before all currently enrolled
students have completed all requirements for graduation, the institution shall
assure the continuity of students’ education by entering into a teach-out
agreement with another
career school or college
[
proprietary
institution
] authorized by the Board holding a Certificate of Authority
or with a public community or technical college. The agreement shall be in
writing and shall contain provisions for student transfer and specify the
conditions for completion of degree requirements at the teach-out institution.
The agreement shall also contain provisions for awarding degrees.
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) 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.
and
] qualifications of faculty and administrative personnel
, and
success of its students and the effectiveness of the Texas Success Initiative
.
proprietary
institutions
] having a Certificate of Authority and authorized to grant
an associate degree shall make available, upon request by the Board, all accrediting
agency reports and any findings and institutional responses to such reports
and findings.
proprietary institution
] authorized to grant the associate
degree shall, within 30 days of receipt of the accrediting agency’s
final report, provide the Board with a copy of the citation, the accreditor’s
final report, and a complete report to all subsequent actions by both the
accreditor and the institution.
proprietary
institution
] shall operate all associate degree programs in compliance
with the standards of its institutional and/or program-level accreditation
or with membership in a trade or professional association.
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.
]
Career schools and colleges authorized
to award an
[
Individuals enrolled in an authorized
] Associate
of Occupational Studies degree [
program
] are exempt from this requirement.
proprietary institution
] holding a Certificate of Authority to grant the associate degree shall
publish in a prominent place in the institution’s catalog complete and
clearly stated information about the transferability of credit to other postsecondary
institutions including community and technical colleges and four-year institutions.
proprietary institution
] authorized to grant the associate degree shall provide to each prospective
student, newly-enrolled student, and returning student, complete, clearly
presented information indicating the institution’s current graduation
rate by program and job placement rate by program.
proprietary Institutions
] awarding the AOS degree: MTI
College of Business and Technology (known as Microcomputer Technology Institute
when the policy was adopted), Universal Technical Institute, Southwest School
of Electronics, and Western Technical Institute. The AOS degree shall be awarded
in only the following fields: automotive mechanics, diesel mechanics, refrigeration,
electronics, and business. Each of the four Institutions may continue to award
the AOS degree for those fields listed above and shall be restricted to those
fields.
proprietary institutions
] shall
be considered by the Board.
proprietary institutions
] shall be considered
by the Board.
proprietary
institution
] authorized to grant the AOS degree shall not represent
such degree by using the terms "associate" or "associates" without including
the words "occupational studies." An institution authorized to grant the AOS
degree shall not represent such degree as being the equivalent of the AAS
or AAA degrees.
proprietary
institution
] awards credit for prior learning obtained outside a formal
collegiate setting, the institution shall establish and adhere to a systematic
method for evaluating that prior learning, equating it with course content
appropriate to the institution’s authorized degree program(s).
proprietary institution
].
Proprietary Institutions
] section at the Texas Workforce Commission
with a copy of the complaint and copies of all relevant correspondence; and/or
proprietary institution
] shall, within 15 days, provide the Board with
a written response and any necessary supporting documentation. The response
shall bear the original signature of the institution's chief executive officer
or his/her designee.
proprietary
institution
] with a Certificate of Authority shall notify the Board
if it becomes a defendant in any administrative, civil, or criminal legal
proceeding.
proprietary
institution
] that requests and is granted an exemption by the Texas
Workforce Commission from the Texas Education Code, Chapter 132, shall not
operate under the provisions of this chapter. Upon becoming exempt, a degree-granting
career school or college
[
proprietary institution
] shall
immediately:
5, Subchapter K
] of this title (relating to Private
and Out of State Public Postsecondary
[
Degree-Granting
] Institutions
Operating in Texas); or
proprietary institution
], the institution shall
apply for a Certificate of Authority as outlined under §12.23 of this
title (relating to Application for a Certificate of Authority).
proprietary institution
] with an approved associate degree program:
proprietary institution
] or in dealing with students
or the public;
proprietary institution
] or in dealing with students which is found
by a court of law to be illegal and/or improper;
proprietary institution
] and/or inquiring
into a complaint against that institution; or
proprietary institution
] and is/are engaged in official duties.
proprietary institution
] fails to remit the annual fee by the due date.
Subchapter C. ASSOCIATE DEGREE PROGRAMS
proprietary institution
] wishing to offer a new associate degree program shall complete the
following items and submit them to the Board's Community and Technical Colleges
Division:
Proprietary Institutions
]).
The Application shall be approved by the chief executive officer and, if applicable,
the governing board of the
career school or college
[
proprietary
institution
]. The Application shall be received by the Board staff no
less than three calendar months prior to the intended implementation date
or approval deadline for external accreditation, whichever occurs first.
Proprietary Institutions
]). The Statement shall be approved
by the chief executive officer and, if applicable, the governing board of
the
career school or college
[
proprietary institution
],
and submitted with the Application for Approval of a New Workforce Program.
The following criteria are included in the Statement:
proprietary institution
] when additional information
or clarification is needed.
proprietary
institution
] offering an associate degree program at multiple sites
shall receive separate approval of each program of study for each site.
proprietary
institution
] requesting a program revision shall submit a completed
Application for Program Revision and comply with the Guidelines for Instructional
Programs in Workforce Education.
proprietary
institution
] may close a program voluntarily in accordance with evaluation
procedures provided in the Guidelines for Instructional Programs in Workforce
Education.
Proprietary institutions
] may contract for specific instruction. All contract instruction shall
have education as its primary purpose. In addition,
proprietary institution
] and shall be of the same quality as other approved
courses.
Chapter 13.
FINANCIAL PLANNING
that are
]
dropped after the official census date, for-credit developmental courses,
optional internship and cooperative education courses, and repeated courses.
Courses dropped for reasons that are determined by the institution to be totally
beyond the control of the student shall not be counted. For students concurrently
earning a baccalaureate degree and a Texas teaching certificate, required
teacher education courses shall not be counted to the extent that they are
over and above the free electives allowed in the baccalaureate degree program.
Chapter 21.
STUDENT SERVICES
First
] Assignment
in
[
after
] Texas. The spouses and
/or
dependent
children of nonresident members of the U.S. Armed Forces, members of Texas
units of the Army or Air National Guard, or Commissioned Officers of the Public
Health Service are entitled to pay the resident tuition rate
as long
as the spouse or child
[
during the members’ first assignment
after duty in Texas. To qualify, the spouse and children must
]
resides
[
reside
] continuously in Texas.
they move
] to this state,
and files
[
file
] a statement
of intent to
establish residence in Texas
[
become permanent
residents of Texas
] with the public institution of higher education
they attend.
they move
] to
Texas within 60 days of the date of death. To qualify, the students shall
submit satisfactory evidence to the institution, establishing the date of
death and current residence in Texas.
(H)
] ROTC Students. A nonresident
student who is a member of an ROTC unit must pay nonresident tuition until
such time he or she signs a contract that cannot be terminated by the student
and that obligates the student to serve a period of active duty in the U.S.
Armed Forces. Once the student has signed such a contract, he or she has the
same rights for qualifying to pay the resident rate as has a member of the
U.S. Armed Forces.
(I)
] NATO Forces. Foreign individuals
stationed in Texas in keeping with the agreement between the parties to the
North Atlantic Treaty regarding status of forces, their spouses and dependent
children, are entitled to pay the same tuition rate as residents of Texas.
(J)
] Radiological Science Students
at Midwestern State University. Members of the U.S. Armed Forces stationed
outside the State of Texas who are enrolled in a bachelor of science or master
of science degree program in radiological sciences at Midwestern State University
by instructional telecommunication will be entitled to pay tuition and other
fees or charges provided for Texas residents if they began the program of
study while stationed at a military base in Texas.
Subchapter C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM
Proprietary Institution
of Higher Education
]--An educational institution that is not a public
or private nonprofit educational institution and is approved by the U.S. Secretary
of Education under the Higher Education Act of 1965, as amended, and the regulations
found in 34 C.F.R. §600.5.
Proprietary Institution of Higher Education
], is unable to obtain an
FSL through a commercial lender and the Proprietary Institution of Higher
Education that the student attends:
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
Subchapter G. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM
Subchapter J. PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
National Health Service
Corps
] Matching
Federal
Loan repayments is to encourage qualified
physicians to practice in Health Professional Shortage Areas. The purpose
of the family practice faculty [
and resident
] portion of the program
is to encourage
employment as full-time faculty in an approved Texas
Family Practice Residency training program.
[
specializing in family
practice and practicing in rural counties and Health Professional Shortage
Areas in Texas.
]
and
the State Board of Health under Chapter 46, Health and Safety Code.
]
National Health Service Corps (NHSC) ] Matching Federal Loan Repayments.
NHSC
] loan repayments are matched with
an equivalent amount awarded under the provisions of §21.261 of this
title (relating to State-Funded Portion for Post-Residency Practice) [
or §21.263 of this title (relating to Family Practice Resident and Faculty
Participation)
]. A physician eligible for matching loan repayments is
one who:
Resident and ] Faculty Participation.
will
] establish priorities among eligible
physicians for repayment assistance by taking into account the degree of physician
shortage, geographic location, and other criteria the committee considers
appropriate. The annual award amounts will be based on a point system that
reflects the purpose of the program. A participant is eligible for no more
than two awards.
(1)
An eligible resident is a
resident who has an unrestricted, temporary, or institutional license to practice
medicine in Texas from the Texas State Board of Medical Examiners and is participating
in an approved Texas Family Practice Residency Training Program in Texas.
Residents ending their second and third years of training during any given
state fiscal year are eligible.]
(2)
] An eligible faculty member
is one who practices at an approved Texas Family Practice Residency Training
Program, has an unrestricted, temporary or institutional license to practice
medicine in Texas from the Texas State Board of Medical Examiners, and has
completed training in an approved Texas Family Practice Residency Training
Program on or after July 1, 1994.
Subchapter CC. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM
tuition
] assistance to eligible students.
Eligible Students ].
person
] must:
provide
the Program Officer proof of eligibility, in the form of a certificate issued
by the board,
]
provide written
approval of a parent or person standing in parental relation to the student;
]
(4)
be a Texas resident; and]
(5)
] not be a recipient of $1,000
through the Tuition Credit Program in operation in 1993 and 1994.
tuition
] scholarships
awarded to students who meet the eligibility requirements of the program will
be drawn from funds appropriated for Foundation School Program allocations
and transferred to the Board by the Commissioner of Education.
The amount awarded a student through this program may not exceed the least
of:
]
the student's
actual tuition charges for college courses,
]
(2)
] $1,000; or
(3)
the sum of $1,000 minus the
amount the student received through the Tuition Credit Program. Students attending
eligible private institutions of higher education must receive an equal amount
of institutional tuition gift assistance during the same enrollment period.]
Students
] eligible
for
a
[
the tuition
]
tuition credit
[
scholarships
]
is
[
are
] to have
his or her
[
their
] high
school
[
schools
] provide
the board a letter which attests to the student's eligibility with respect
to early graduation, parental approval and high school
curriculum and
location
[
enrollment only in Texas
]. The letter
must
[
should
] also indicate the college or university the student
plans to attend.
of the student's
potential eligibility
]. A copy of the board's letter will be sent to
the student.
tuition scholarship
]
in the appropriate amount.
(e)
If the tuition award in the
student's first semester in the Early High School Graduation Scholarship Program,
combined with funds received through the Tuition Credit Program, is less than
$1,000, the balance of the student's eligibility may be used in a subsequent
semester. ]
(f)
Under no conditions may a
student's total award through this program plus funds received through the
Tuition Credit Program exceed $1,000 of state funds.]
tuition
] received
from
the program
for the dropped classes
, calculated
in accordance
with the institution's general refund policies.
Subchapter LL. EARLY CHILDHOOD CARE PROVIDER STUDENT LOAN REPAYMENT PROGRAM
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS