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 §§4.1 - 4.8
The Texas Higher Education Coordinating Board proposes new §§4.1
- 4.8, concerning general oversight of public universities, health-related
institutions, and two-year colleges (General Provisions). Specifically, these
new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general oversight of all public higher education institutions.
Sections 4.1, 4.2, and 4.3 provide the purpose and authority for this subchapter
and new definitions applicable to this subchapter. Sections 4.6 - 4.8 amends
current language to clarify expected minimum course length for traditionally-delivered
courses and state expectations for non-traditionally-delivered courses taken
for college credit.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code,
Section 61.027, which provides the Board with general rule-making authority;
Section 61.002, which establishes the Board as an agency charged to provide
leadership and coordination for the Texas higher education system; Section
61.051, which provides the Board with authority to coordinate institutions
of public higher education in promoting quality education; Texas Education
Code, Section 51.911, which requires institutions of higher education to allow
absences for religious holy days; Texas Education Code, Section 61.0815, which
requires institutions to report expert witnesses; Texas Education Code 61.051(g),
and Texas Education Code, Sections 61.821-831, which authorizes the Board
to adopt rules and establish policies and procedures for the development,
adoption, implementation, and evaluation of core curricula, field of study
curricula, and a transfer dispute resolution process; Texas Education Code,
Section 51.307, which authorizes the Board to adopt rules to implement the
provisions of Texas Education Code, Sections 51.306 - 51.308 and Texas Education
Code, Section 51.403(e), regarding Testing and Development Education; Texas
Education Code, Sections 29.182, 29.184, 61.027, 61.076(j), 130.001(b)(3)
- (4), 130.008, 130.090, and 135.06(d), which provide the Board with the authority
to regulate dual credit partnerships between public two-year associate degree-granting
institutions and public universities with secondary schools; and Texas Education
Code, Section 61.088, which authorizes the Board to establish rules for the
organization and operation of the Texas State Science and Engineering Fair
The new rules affect Texas Education Code, §§61.002, 61.051,
51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184,
61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.
§4.1.Purpose.
This section establishes rules on a variety of topics that apply exclusively
to public institutions of higher education.
§4.2.Authority.
Unless otherwise noted in a section, the authority for these provisions
is provided by Texas Education Code, §61.051 which describes the Board's
role in the Texas system of higher education.
§4.3.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Associate of Science degree and the Associate of Arts degree--collegiate
degrees consisting of lower-division courses designed to prepare students
for transfer to a bachelor's degree program.
(2)
Associate of Applied Science degree and the Associate of
Applied Arts degree--technical certificates issued to students who complete
workforce education curricula of collegiate level.
(3)
Bachelor of General Studies degree--a program designed
principally for mature students who seek a flexible degree program and who
do not desire or may not meet prerequisites of a highly structured traditional
degree program, and to permit students to plan, with advisement, an individualized
program with access to a wide range of academic disciplines and fields of
professional study.
(4)
Bachelor of Applied Arts and Sciences degree--a program
designed to provide a path to a bachelor's degree for students who have earned
previous collegiate credit through workforce education curricula. The degree
program combines general education requirements and a professional component
designed to complement the student's technical or vocational competence.
(5)
Board--The Texas Higher Education Board.
(6)
Commissioner--The Commissioner of Higher Education.
(7)
Common calendar--dates and information pertaining to the
beginning and ending (and lengths) of academic semesters and sessions, applicable
to all Texas public universities and community, technical and state colleges.
(8)
Consulting or testifying expert witness--any non-fact witness
whose name must be disclosed during litigation as required by the Texas Rules
of Civil Procedure.
(9)
Degree program--any grouping of subject matter courses
which, when satisfactorily completed by a student, will entitle the student
to a degree from an institution of higher education.
(10)
Faculty or professional staff of an institution of higher
education--a non-classified, full-time employee who is a member of the faculty
or staff and whose duties include teaching, research, administration or performing
professional services, including professional library services.
(11)
Fiscal year--the State of Texas' fiscal year, September
1 through August 31.
(12)
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.
(13)
Interdisciplinary baccalaureate degrees--the Bachelor
of General Studies degree (defined in paragraph (4) of this section) and such
general degrees as liberal arts or humanities. These broad-based degrees vary
in the amount of prescriptive structure but share the characteristics of flexibility
for the student and interdisciplinary course selection.
(14)
Non-classified--an employee whose position is not controlled
by the institution's classified personnel system or a person employed in a
similar position if the institution does not have a classified personnel system.
(15)
Religious holy day--A holy day observed by a religion
whose places of worship are exempt from property taxation under the Texas
Tax Code, §11.20.
§4.4.Student Absences on Religious Holy Days.
(a)
Under Texas Education Code, §51.911, all institutions
of higher education shall allow a student who is absent from classes for the
observance of a religious holy day to take an examination or complete an assignment
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.
(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. 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.
(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.
(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 notifies the instructor of a planned absence under this section.
(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.
§4.5.Common Calendar.
(a)
The Commissioner shall establish and periodically update
a common calendar for Texas public universities and community, technical and
state colleges.
(b)
The Commissioner may grant waivers to the common calendar
to benefit students and/or to improve the efficient operations of the institutions.
(c)
A semester normally shall include 15 weeks for instruction
and one week for final examinations or a total of 16 weeks instruction and
examinations combined. Every fall semester will end before Christmas, but
not later than December 23.
(d)
The summer session shall be considered an integral part
of the college year and maximum use should be made of the summer session.
Each of the two summer terms shall include no less than 5 1/2 calendar weeks,
including registration, instructions, and final examinations. Colleges may
register students for a six semester credit hour load for each 5 1/2-week
summer term. Colleges and universities may schedule summer terms longer or
shorter than 5 1/2 weeks, but the amount of credit students are allowed to
enroll for must be proportional.
(e)
Each college and university shall establish its own dates
for orientation, registration, holidays, final examinations, and the end of
each semester and summer term consistent with subsections (c) and (d) of this
section.
(f)
The Texas Education Agency shall be notified of the calendar
adopted and be encouraged to communicate with the Board about possible further
coordination of school and college calendar.
(g)
Nothing in this section shall be interpreted to preclude
experimentation and innovation by any institution looking toward full utilization
of facilities on a year-round basis.
§4.6.Minimum Length of Courses and Limitation on the Amount of Credit that a Student May Earn in a Given Time Period.
(a)
Traditionally-delivered three-semester-credit-hour courses
should contain 15 weeks of instruction (45 contact hours) plus a week for
final examinations so that such a course contains 45 to 48 contact hours depending
on whether there is a final exam.
(b)
Every college course is assumed to involve a significant
amount of non-contact hour time for out-of-class student learning and reflection.
To ensure the quality of student learning, institutions should not allow students
to carry more courses in any term (that is, regular or shortened semester),
which would allow them to earn more than one semester credit hour per week
over the course of the term. For example, in a five and a half week summer
term, students should not generally be allowed to enroll for more than six
semester credit hours.
(c)
Institutions should have a formal written policy for addressing
any exceptions to subsection (b) of this section.
(d)
Courses delivered in shortened semesters are expected to
have the same number of contact hours and the same requirement for out-of-class
learning as courses taught in a normal semester.
(e)
Institutions may offer a course in a non-traditional way
(for example, over the internet, or through a shortened, intensive format)
that does not meet these contact hour requirements, if the course has been
reviewed and approved through a formal, institutional faculty review process
that evaluates the course and its learning outcomes and determines that the
course does, in fact, have equivalent learning outcomes to an equivalent,
traditionally delivered course.
§4.7.Student Transcripts.
(a)
Student transcripts shall contain a record of each state
funded course attempted by a student at the transcripting institution after
January 1, 1998. This includes all courses for which the student was enrolled
as of the official census date each term, including developmental education
courses, courses that were not completed, courses that were dropped, and courses
that were repeated.
(b)
After September 1, 1998, the student transcript or an addendum
to the transcript certified by the appropriate institutional official shall
contain a record of the student's status in regard to the Texas Academic Skills
Program (TASP). Depending on the status of the individual student, the document
should include the status for each section of the test (reading, mathematics,
writing) with information as to how the student met the TASP requirement (TASP
test or other test scores, "B" or better courses with grades and course numbers).
The information provided should enable receiving institutions to use the transcript
or the addendum as a single source of information to determine the student's
TASP status.
(c)
Student transcripts created after September 1, 2000 should
be maintained by the institutions in a format suitable for electronic interchange.
The format of transcripts shall be the format that is used to store the most
transcripts by Texas institutions of higher education as of September 1, 1998
or another format adopted by a majority of the members of the Texas Association
of Collegiate Registrars and Admissions Officers.
(d)
Student transcripts or an addendum to the transcript certified
by the appropriate institutional official shall identify all courses completed
in satisfaction of the core curriculum as specified in §4.28 (h) of this
title (relating to Transfer of Credit, Core Curriculum and Field of Study
Curricula).
§4.8.Expert Witnesses.
(a)
Under Texas Education Code, §61.0815, the president
of an institution of higher education shall file a written report with the
Board regarding members of the faculty or professional staff who received
compensation for serving as consulting or testifying expert witnesses during
the prior fiscal year in lawsuits in which the stat is a party.
(b)
The report shall be filed with the Board no later than
September 30 of each year and shall contain:
(1)
the number of hours spent by faculty or professional staff
members serving as consulting or testifying expert witnesses during the prior
fiscal year;
(2)
the names of the parties, cause number and county where
the cause is filed, for each case in which qualifying expert witness services
was rendered; and
(3)
the outcome of the case, including the amount of:
(A)
any judgment entered against the state;
(B)
any prejudgment or postjudgment interest awarded against
the state; and
(C)
any attorney's fees of another party ordered to be paid
by the state.
(c)
The information regarding the number of hours spent by
faculty or staff serving as consulting or testifying expert witnesses shall
be reported to the Board in the aggregate without identifying specific individuals.
(d)
In the event an institution cannot provide the information
specified in subsection (b) of this section, the Texas Attorney General's
Office shall be requested to provide the information to 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 February 12, 2003.
TRD-200301039
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.21 - 4.34
The Texas Higher Education Coordinating Board proposes new §§4.21
- 4.34, concerning general oversight of public universities, health-related
institutions, and two-year colleges (Transfer of Credit, Core Curriculum and
Field of Study Curricula). Specifically, these new sections replace existing
sections which are contemporaneously proposed for repeal in this issue of
the
Texas Register
. The new sections assemble
in one chapter, renumber, and clarify current Board rules regarding the general
oversight of all public higher education institutions. The new rules amend
and clarify current rules. New definitions have been added and the language
has been edited for consistency. The procedures for resolution of transfer
disputes for lower-division courses describe who may request such a resolution
and what the responsibilities of the institutions are in notifying each other
and the Commissioner of Higher Education in the event of a dispute. Another
clarification specifies that health-related institutions will now be required
to adopt core curricula for all baccalaureate programs. Other clarifications
include identification of those institutions which must adopt a core curriculum
and the addition of identifying numbers for core-curriculum component areas
to be used for indicating completed core courses on student transcripts. New
sections clarify the institutional responsibility for evaluating their compliance
with Board-adopted Field of Study Curricula and for reporting the results
of those evaluations. Other new sections establish a procedure for modifying
an existing core curriculum or field of study curriculum.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, Section
61.027, which provides the Board with general rule-making authority; Section
61.002, which establishes the Board as an agency charged to provide leadership
and coordination for the Texas higher education system; Section 61.051, which
provides the Board with authority to coordinate institutions of public higher
education in promoting quality education; Texas Education Code, Section 51.911,
which requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, Section 61.0815, which requires institutions
to report expert witnesses; Texas Education Code 61.051(g), and Texas Education
Code, Sections 61.821-831, which authorizes the Board to adopt rules and establish
policies and procedures for the development, adoption, implementation, and
evaluation of core curricula, field of study curricula, and a transfer dispute
resolution process; Texas Education Code, Section 51.307, which authorizes
the Board to adopt rules to implement the provisions of Texas Education Code,
Sections 51.306 - 51.308 and Texas Education Code, Section 51.403(e), regarding
Testing and Development Education; Texas Education Code, Sections 29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, Section 61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair
The new rules affect Texas Education Code, §§61.002, 61.051,
51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184,
61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.
§4.21.Purpose.
The purpose of this subchapter is to provide for the development and
implementation of policies that encourage the free and appropriate transferability
of lower division course credit among institutions of higher education, and
especially to provide for the smooth transfer of lower division credit through
core curricula, field of study curricula, and a procedure for the resolution
of transfer disputes.
§4.22.Authority.
The Board is authorized to adopt rules and establish policies and procedures
for the development, adoption, implementation, and evaluation of core curricula,
field of study curricula, and a transfer dispute resolution process under
Texas Education Code §61.051 (g), and Texas Education Code §§61.821-831.
§4.23.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)
Core Curriculum--the curriculum in the liberal arts, humanities,
sciences, and political, social, and cultural history that all undergraduates
of an institution of higher education are required to complete before receiving
an academic undergraduate degree. Core curriculum provisions apply to public
colleges and universities, and to academic degree programs offered at health-related
institutions.
(4)
Field of Study Curriculum (FOSC)--a set of courses that
will satisfy the lower-division requirements for a baccalaureate degree in
a specific academic area at a general academic teaching institution. A field
of study curriculum affects academic degree programs at public colleges or
universities as designated within the particular field of study curriculum.
(5)
Course consistent with the Texas Common Course Numbering
System (TCCNS)--a lower-division course that meets one of three conditions:
(A)
it has an assigned a TCCNS number and is listed in the
Lower Division Academic Course Guide Manual;
(B)
a TCCNS number and inclusion in the Lower Division Academic
Course Guide Manual have been requested for the course; or
(C)
the institution which offers the course has specified at
least one TCCNS course listed in the Lower Division Academic Course Guide
Manual that will be accepted in transfer in lieu of the course.
(6)
Institution of Higher Education or institution--any public
technical institute, public junior college, public senior college or university,
medical or dental unit, other agency of higher education as defined in Texas
Education Code, §61.003.
(7)
The Lower Division Academic Course Guide Manual (ACGM)--an
official Board publication that lists a basic core of general academic courses
which are freely transferable among all public institutions of higher education
in Texas in accordance with the Texas Education Code, §61.051(g). TCCNS
numbers are assigned to most courses in the manual.
(8)
Faculty member--a person who is employed full-time by an
institution of higher education as a member of the faculty whose primary duties
include teaching, research, academic service, or administration. However,
the term does not include a person holding faculty rank who spends a majority
of the person's time for the institution engaged in managerial or supervisory
activities, including a chancellor, vice chancellor, president, vice president,
provost, associate of assistant provost, or dean.
§4.24.General Provisions.
(a)
All successfully completed lower-division academic courses
that are identified by the Texas Common Course Numbering System (TCCNS) and
published in the Lower Division Academic Course Guide Manual (ACGM) shall
be fully transferable among public institutions and shall be substituted for
the equivalent course at the receiving institution. Except in the case of
courses belonging to a Board-approved Field of Study Curriculum (FOSC), applicability
of transferred courses to requirements for specific degree programs is determined
by the receiving institution.
(b)
Nothing in this subchapter restricts the authority of an
institution of higher education to adopt its own admission standards in compliance
with this subchapter or its own grading policies so long as it treats transfer
students and native students in the same manner.
(c)
Institutional policies regarding acceptance of credit for
correspondence courses, credit-by-examination, and other credit-earning instruments
must be consistent with Southern Association of Colleges and Schools' guidelines
and must treat transfer students and native students in the same manner.
(d)
This subchapter applies specifically to academic courses
and degree programs, and does not apply to technical courses or technical
degree programs.
§4.25.Requirements and Limitations.
(a)
Each institution of higher education shall identify in
its undergraduate catalog each lower-division course that is substantially
equivalent to an academic course listed in the current edition of the Lower
Division Academic Course Guide Manual.
(b)
Each university must offer at least 45 semester credit
hours of academic courses that are substantially equivalent to courses listed
in the Lower Division Academic Course Guide Manual including those that fulfill
the lower-division portion of the institution's Core Curriculum.
(c)
All public colleges and universities must accept transfer
of credit for successfully completed courses identified in subsections (a)
and (b) of this section as applicable to an associate or baccalaureate degree
in the same manner as credit awarded to non-transfer students in that degree
program.
(d)
Each institution shall be required to accept in transfer
into a baccalaureate degree program the number of lower-division credit hours
in the program which are allowed for their non-transfer students in that program;
however,
(1)
No institution shall be required to accept in transfer
more credit hours in the major area of a degree program than the number set
out in any applicable Board-approved Field of Study Curriculum for that program.
(2)
In any degree program for which there is no Board-approved
Field of Study Curriculum, no institution shall be required to accept in transfer
more lower-division course credit in the major applicable to a baccalaureate
degree than the institution allows their non-transfer students in that major.
(3)
An institution of higher education may deny the transfer
of credit in courses with a grade of "D" as applicable to the student's field
of study curriculum courses, core curriculum courses, or major.
(e)
All senior institutions of higher education in Texas shall
provide support services for transfer students equivalent to those provided
to non-transfer students regularly enrolled at the institutions, including
an orientation program for transfer students equivalent to that provided for
entering freshman enrollees.
(f)
No university shall be required to accept in transfer or
toward a degree program, more than sixty-six (66) semester credit hours of
lower-division academic credit. Universities, however, may choose to accept
additional credit hours.
§4.26.Penalty for Noncompliance with Transfer Rules.
If it is determined by the Board that an institution inappropriately
or unnecessarily required a student to retake a course that is substantially
equivalent to a course already taken at another institution, in violation
of the provisions of §4.25 of this title (relating to Requirements and
Limitations), formula funding for credit hours in the repeated course will
be deducted from the institution's appropriation.
§4.27.Resolution of Transfer Disputes for Lower-Division Courses.
(a)
The following procedures shall be followed by institutions
of higher education in the resolution of credit transfer disputes involving
lower-division courses:
(1)
If an institution of higher education does not accept course
credit earned by a student at another institution of higher education, the
receiving institution shall give written notice to the student and to the
sending institution that transfer of the course credit is denied, and shall
include in that notice the reasons for denying the credit. Attached to the
written notice shall be the procedures for resolution of transfer disputes
for lower-division courses as outlined in this section, accompanied by clear
instructions outlining the procedure for appealing the decision to the Commissioner.
(2)
A student who receives notice as specified in paragraph
(1) of this subsection may dispute the denial of credit by contacting a designated
official at either the sending or the receiving institution.
(3)
The two institutions and the student shall attempt to resolve
the transfer of the course credit in accordance with Board rules and guidelines.
(4)
If the transfer dispute is not resolved to the satisfaction
of the student or the sending institution within 45 days after the date the
student received written notice of denial, the sending institution may notify
the Commissioner in writing of the request for transfer dispute resolution,
and the institution that denies the course credit for transfer shall notify
the Commissioner in writing of its denial and the reasons for the denial.
(b)
The Commissioner or the Commissioner's designee shall make
the final determination about a dispute concerning the transfer of course
credit and give written notice of the determination to the involved student
and institutions.
(c)
Each institution of higher education shall publish in its
course catalogs the procedures specified in subsections (a), (b), (d), and
(e) of this section.
(d)
The Board shall collect data on the types of transfer disputes
that are reported and the disposition of each case that is considered by the
Commissioner or the Commissioner's designee.
(e)
If a receiving institution has cause to believe that a
course being presented by a student for transfer from another school is not
of an acceptable level of quality, it should first contact the sending institution
and attempt to resolve the problem. In the event that the two institutions
are unable to come to a satisfactory resolution, the receiving institution
may notify the Commissioner, who may investigate the course. If its quality
is found to be unacceptable, the Board may discontinue funding for the course.
§4.28.Core Curriculum.
(a)
In accordance with Texas Education Code, §§61.821-831,
each general academic institution, community college, and health-related institution
shall design and implement a core curriculum, including specific courses composing
the curriculum, of no less than 42 lower-division semester credit hours. Health-related
institutions should encourage their students to complete their core curriculum
requirement at a general academic institution or community college.
(b)
Each institution's core curriculum must be designed to
satisfy the exemplary educational objectives specified for the component areas
of the "Core Curriculum: Assumptions and Defining Characteristics" adopted
by the Board; all lower-division courses included in the core curriculum must
be consistent with the "Texas Common Course Numbering System," and must be
consistent with the framework identified in Charts I and II of this subsection.
Chart I specifies the minimum number of semester credit hours required in
each of five major component areas that a core curriculum must include (with
sub-areas noted in parentheses). Chart II specifies options available to institutions
for the remaining 6-12 semester credit hours.
(c)
If a student successfully completes the 42 semester credit
hour core curriculum at an institution of higher education, that block of
courses may be transferred to any other institution of higher education and
must be substituted for the receiving institution's core curriculum. A student
shall receive academic credit for each of the courses transferred and may
not be required to take additional core curriculum courses at the receiving
institution unless the Board has approved a larger core curriculum at that
institution.
(d)
A student concurrently enrolled at more than one institution
of higher education shall follow the core curriculum requirements in effect
for the institution at which the student is classified as a degree-seeking
student.
(e)
Except as specified in subsection (f) of this section,
a student who transfers from one institution of higher education to another
without completing the core curriculum of the sending institution shall receive
academic credit within the core curriculum of the receiving institution for
each of the courses that the student has successfully completed in the core
curriculum of the sending institution. Following receipt of credit for these
courses, the student may be required to satisfy the remaining course requirements
in the core curriculum of the receiving institution.
(f)
Each student must meet the minimum number of semester credit
hours in each component area; however, an institution receiving a student
in transfer is not required to accept component core course semester credit
hours beyond the maximum specified in a core component area.
(g)
An institution may include within its core curriculum a
course or courses that combine exemplary educational objectives from two or
more component areas of the exemplary educational objectives defined in this
section.
(h)
Each institution must note core courses on student transcripts
as recommended by the Texas Association of Collegiate Registrars and Admissions
Officers (TACRAO).
(i)
Each institution must publish and make readily available
to students its core curriculum requirements stated in terms consistent with
the "Texas Common Course Numbering System."
§4.29.Core Curricula Larger than 42 Semester Credit Hours.
(a)
An institution may adopt a core curriculum under this subchapter
in excess of 42 semester credit hours, but no more than 48 semester credit
hours, if the courses in excess of 42 semester credit hours are selected from
the first five component areas of Chart II of §4.28 (b) of this title
(relating to Core Curriculum) (excluding additional credit in the Institutionally
Designated Option) and are approved by the institution's governing board.
(b)
No institution may adopt a core curriculum of more than
42 semester credit hours without approval by the Board if the courses in excess
of 42 semester credit hours are selected from component areas other than the
first five component areas of Chart II of §4.28 (b) of this title (relating
to Transfer of Credit, Core Curriculum and Field of Study Curricula). The
Board may approve a core curriculum under this section if:
(1)
It has been previously approved by the institution's governing
board;
(2)
The institution has provided to the Board a narrative justification
of the need and appropriateness of a larger core curriculum that is consistent
with its role and mission; and
(3)
No proposed upper-division core course is substantially
comparable in content or depth of study to a lower-division course listed
in the "Texas Common Course Numbering System."
§4.30.Criteria for Evaluation of Core Curricula.
(a)
Each public institution of higher education shall review
and evaluate its core curriculum every five years and report the results of
that evaluation to the Board. The evaluation should include:
(1)
the extent to which the core curriculum is consistent with
the elements of the core curriculum recommended by the Board;
(2)
the extent to which the core curriculum is consistent with
the Texas Common Course Numbering System (TCCNS);
(3)
the extent to which the core curriculum is consistent with
the elements of the core curriculum component areas, intellectual competencies,
and perspectives as expressed in Core Curriculum: Assumptions and Defining
Characteristics adopted by the Board; and
(4)
the extent to which the institution's educational goals
and the exemplary educational objectives of the core curriculum recommended
by the Board are being achieved;
(b)
Each institution's evaluation report must contain at least
the following:
(1)
a table that compares the institution's core curriculum
with the core component areas and exemplary educational objectives of the
core curriculum recommended by the Board;
(2)
a brief description of the purpose and substance of the
institution's core curriculum;
(3)
a description of the processes and procedures used to evaluate
the institution's core curriculum; and
(4)
a description of the ways in which the evaluation results
are being or will be utilized to improve the core curriculum at the institution.
§4.31.Revision of Existing Approved Core Curricula.
(a)
Each public institution of higher education that does not
already have a Board-approved core curriculum on file must submit its proposed
core curriculum to the Board for staff review and approval. The request for
approval should include a description of the goals of the core curriculum,
a table showing the institution's core curriculum by component area (based
on the model found in Charts I and II in §4.28 (b) of this title, relating
to Core Curriculum), and a complete listing of courses approved by the institution
to fulfill core component requirements, organized to reflect each required
and supplemental component area of the core curriculum as detailed in the
document Core Curriculum: Assumptions and Defining Characteristics, adopted
by the Board. Courses should be selected to fulfill component requirements
in a core curriculum based at least in part on their ability to meet most
of the exemplary educational outcome statements for the component area as
described in the document Core Curriculum: Assumptions and Defining Characteristics,
adopted by the Board.
(b)
An institution should follow these procedures to modify
its core curriculum to add or delete courses, change the total number of semester
credit hours in a non-required component area, or change the total number
of semester credit hours required in its core curriculum:
(1)
submit to the Board a letter documenting each change to
be made, the component area(s) affected, and a rationale for the change;
(2)
requests that involve changing the overall number of semester
credit hours in the core curriculum or the number in a given component area
require documentation of prior approval by the institution's governing board;
(3)
the institution shall receive a letter from the Board staff
giving notice of acceptance of the proposed changes and/or indicating any
changes that do not meet Board-approved criteria.
(c)
Upon receiving an approval letter from Board staff, the
institution shall make any required changes to its core curriculum and will
document those changes in institutional publications.
§4.32.Field of Study Curricula.
(a)
In accordance with Texas Education Code, §61.823,
the Board approves field of study curricula for certain fields of study/academic
disciplines. Field of study curricula shall be developed with the assistance
of advisory committees whose membership includes at least a majority of members
who are teaching faculty (as defined by §4.23 (8) of this title, relating
to Definitions for Core Curriculum and Field of Study Curricula) within the
field of study under consideration.
(b)
If a student successfully completes a field of study curriculum
developed by the Board, that block of courses may be transferred to a general
academic teaching institution and must be substituted for that institution's
lower-division requirements for the degree program for the field of study
into which the student transfers, and the student shall receive full academic
credit toward the degree program for the block of courses transferred.
(c)
A student who transfers from one institution of higher
education to another without completing the field of study curriculum of the
sending institution shall receive academic credit in the field of study curriculum
of the receiving institution for each of the courses that the student has
successfully completed in the field of study curriculum of the sending institution.
Following receipt of credit for these courses, the student may be required
to satisfy the remaining course requirements in the field of study curriculum
of the receiving institution, or to complete additional requirements in the
receiving institution's program, as long as those requirements do not duplicate
course content already completed through the field of study curriculum.
(d)
A student concurrently enrolled at more than one institution
of higher education shall follow the field of study curriculum requirements
of the institution at which the student is classified as a degree-seeking
student.
(e)
Each institution must note core courses on student transcripts
as recommended by the Texas Association of Collegiate Registrars and Admissions
Officers (TACRAO).
(f)
Each institution must review and evaluate its procedures
for complying with field of study curricula at intervals specified by the
Board and shall report the results of that review to the Board. These reports
shall be submitted following the same timetable as the regular reports of
core curriculum evaluations.
§4.33.Criteria for Evaluation of Field of Study Curricula.
(a)
Every five years, each public institution of higher education
shall review and evaluate its policies and practices regarding the acceptance
and application of credit earned as part of a Board-approved field of study
curriculum, and reports the results of that evaluation to the Board. The evaluation
should include:
(1)
the extent to which the institution's compliance with the
acceptance of transfer credit through field of study curricula is being achieved;
(2)
the extent to which the institution's application to the
appropriate degree program of credit earned as part of a Board-approved field
of study curriculum facilitates academic success;
(3)
the effectiveness of field of study curricula in the retention
and graduation of transfer students in those degree programs that have Board-approved
field of study curricula.
(b)
Each institution's evaluation report must contain at least
the following:
(1)
a listing of the institution's degree programs that have
Board-approved field of study curricula;
(2)
a description of the institution's policies and practices
regarding applicable Board-approved field of study curricula, including admission-point
evaluation of transfer credit, advising practices (including catalogue and
website information on existing field of study curricula and advising/counseling
practices for enrolled students), and transcripting practices to show field
of study participation and completion;
(3)
a chart or table showing the number of total transfer students
for each degree program that has a Board-approved field of study curriculum,
for each of the last five years; the chart should indicate year-by-year the
percentage of students who transferred having completed the applicable field
of study curriculum, the percentage of students who transferred without having
completed the applicable field of study curriculum, and any information about
progress toward graduation or graduation rates that can compare transfer student
performance with non-transfer student performance during the evaluation period.
§4.34.Revision of Existing Approved Field of Study Curricula.
(a)
The Board shall have the authority to modify or revise
a Board-approved field of study curriculum when a need for such a revision
is identified, as specified in current Board policy and procedures.
(b)
The need for a revision or modification to a Board-approved
field of study curriculum may be identified by one the following methods,
or by other methods that are similarly appropriate:
(1)
notice of a change in licensure, certification, or accreditation
standards that would affect the field of study curriculum and lower-division
requirements for a field of study or academic discipline;
(2)
notice of a change in curricular structure or content that
is part of a pervasive change in the academic discipline served by the field
of study curriculum, as documented by national or regional professional organizations,
faculty organizations, or other indicators of best practices in the discipline;
(3)
receipt of a request from at least three public institutions
of higher education that are affected by the field of study curriculum under
consideration for modification, including at least one two-year and one four-year
academic-degree-granting institution. The request and justifications for the
request should be made by the chief academic officers of the institutions,
in a joint memorandum sent to the Commissioner.
(c)
Any proposed modification or revision to a Board-approved
field of study curriculum should be evaluated by an advisory committee convened
under the conditions cited in §4.30 (a) of this title (relating to Criteria
for Evaluation of Core Curricula). Recommendations for modifications or revisions
to a Board-approved field of study curriculum should reflect the advice and
wisdom of an advisory committee made up primarily of teaching faculty from
the academic discipline(s) affected by the field of study curriculum under
consideration.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301040
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.51 - 4.59
The Texas Higher Education Coordinating Board proposes new §§4.51
- 4.59, concerning general oversight of public universities, health-related
institutions, and two-year colleges (Testing and Developmental Education).
Specifically, these new sections replace existing sections which are contemporaneously
proposed for repeal in this issue of the
Texas Register
. The new sections assemble in one chapter, renumber, and clarify current
Board rules regarding the general oversight of all public higher education
institutions.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, Section
61.027, which provides the Board with general rule-making authority; Section
61.002, which establishes the Board as an agency charged to provide leadership
and coordination for the Texas higher education system; Section 61.051, which
provides the Board with authority to coordinate institutions of public higher
education in promoting quality education; Texas Education Code, Section 51.911,
which requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, Section 61.0815, which requires institutions
to report expert witnesses; Texas Education Code 61.051(g), and Texas Education
Code, Sections 61.821-831, which authorizes the Board to adopt rules and establish
policies and procedures for the development, adoption, implementation, and
evaluation of core curricula, field of study curricula, and a transfer dispute
resolution process; Texas Education Code, Section 51.307, which authorizes
the Board to adopt rules to implement the provisions of Texas Education Code,
Sections 51.306 - 51.308 and Texas Education Code, Section 51.403(e), regarding
Testing and Development Education; Texas Education Code, Sections 29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, Section 61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair
The new rules affect Texas Education Code, §§61.002, 61.051,
51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184,
61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.
§4.51.Purpose.
The purpose of this subchapter is to implement testing and developmental
education criteria for institutions of higher education. It is the intent
of the Board that Texas public institutions of higher education use the flexibility
and responsibility granted through these rules in such a way as to improve
their developmental education programs and help their students succeed 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, §§51.306
- 51.3061. 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)
Accredited Private High School--Non-public schools accredited
by the Texas Private School Accreditation Commission (TEPSAC), or, if outside
of the State of Texas, accredited by an organization similar to the TEPSAC.
(2)
Alternative Test--A test instrument other than the TASP
Test approved by the Board for use by an institution to initially test a student
for TASP purposes.
(3)
Blind student and Deaf student--Students who are blind
or deaf persons as defined by the Texas Education Code, §54.205(a).
(4)
Board--The Texas Higher Education Coordinating Board.
(5)
Commissioner--The Commissioner of Higher Education.
(6)
Developmental Education--Courses, tutorials, laboratories,
or other efforts to bring student skill levels in reading, writing and mathematics
to entering college level. English as a Second Language (ESL) courses may
be considered developmental education, but only when they are used to bring
student skill levels in reading or writing to entering college level. The
term does not include courses in study skills or thinking skills.
(7)
Equivalent or Similar Curriculum--At an accredited private
high school or at a high school out-of-state, a high school curriculum that
has been shown by a student to be equivalent or similar to the recommended
or advanced high school curriculum in Texas.
(8)
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.
(9)
Minimum Passing Standard--Statewide testing standard each
undergraduate student who enters a public institution of higher education,
unless exempt, must meet or exceed on measures of reading, writing and mathematics
skills in order to fulfill requirements specified in Texas Education Code, §51.306.
(10)
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.
(11)
Testing irregularity--Any occurrence in the course of
administering the TASP Test or detected after administration of the test that
violates rules of test participation, standards of test security and/or academic
honesty.
(12)
TASP--The Texas Academic Skills Program specified in Texas
Education Code, §51.306.
(13)
TASP requirements--The statutory requirements of Texas
Education Code, §51.306.
(14)
Texas Academic Skills Program (TASP) Test--The test, other
than an alternative test, as defined and reviewed by Texas higher education
faculty and approved by the Board, that fulfills the statutory requirements
of Texas Education Code, §51.306. The test shall be uniformly administered
statewide on days prescribed by the Board and shall be scored by the testing
contractor. The test measures college readiness in reading, writing and mathematics
and includes a written essay. It is administered under secure conditions and
each student is provided with diagnostic information regarding test performance.
(15)
Upper-division course--Any degree credit course beyond
the sophomore level as defined by a four-year senior university, and any degree
credit course offered by an upper-level institution.
§4.54.Institutional Developmental Education Plans.
(a)
Each institution of higher education shall adopt a plan
for the assessment and placement of undergraduate students entering the institution
and for the provision of effective developmental education to students who
do not have college-level skills in reading, writing and mathematics. The
institutional plan shall provide for quality and accountability, and shall
promote improvement in the effectiveness of developmental education programs
for student learning at the institution.
(b)
The plan must clearly describe the path students must take
to meet the TASP requirements at that institution. The plan must specify:
(1)
when a student must begin developmental education,
(2)
what developmental education must be taken, and
(3)
when the student has successfully completed all required
developmental work.
(c)
An institutional plan shall include advising programs to
advise students at every level of undergraduate courses and degree options
appropriate for the individual student.
(d)
As a part of its plan, an institution may choose to defer
developmental education for students who, upon enrollment, are not seeking
a degree or Level-Two certificate (43-59 SCH or the equivalent). If such students
subsequently choose to seek a degree or Level-Two certificate, all developmental
education requirements apply. Institutions must determine student degree-
and certificate-seeking status at the beginning of each enrolled term.
(e)
Since developmental education plans may vary from institution
to institution, each plan shall include provisions for students who transfer
from one Texas public institution to another. In addition, the institution's
plan shall include provisions for students who transfer from a Texas private
or independent institution of higher education or an out-of-state institution.
(f)
Institutional plans must include a description of any exceptional
circumstances, other than those specified in §4.55(a)(2)(A),(B),(C) and
(D) of this title (relating to Eligibility and Exemption/Exceptions), which
would be used to permit untested students to enroll in college-level coursework.
(g)
The plan must be approved by the governing board of the
institution and provided to the Board.
(h)
Until the institution's plan is adopted, an institution
shall make every effort to apply the rules in this subchapter in a fair and
equitable manner.
§4.55.Eligibility and Exemptions/Exceptions.
(a)
Eligibility
(1)
Each undergraduate student, unless otherwise exempt, who
enters an institution of higher education must be tested for reading, writing
and mathematics skills prior to enrolling in any collegiate-level coursework.
A student who has not been tested may enroll in coursework only under the
circumstances provided in §4.55(a)(2) of this title (relating to Exceptional
Circumstances), but must take a test approved for TASP purposes not later
than the end of the first semester of enrollment. If any student under this
section fails to test during the designated semester, the student will not
be permitted to re-enroll or to enroll in any institution of higher education
in any courses other than non-degree credit courses until he or she has tested.
(2)
Exceptional circumstances under which a student who has
not been tested may enroll in college-level coursework may be determined by
the institution. Exceptional circumstances include, but are not limited to:
(A)
documented illness, injury or other bonafide emergency
which prevents a student from testing;
(B)
diagnosed and documented disability for which reasonable
and appropriate accommodations could not be provided by the institution in
a timely manner;
(C)
deaf students who arrive on campus without having taken
the Stanford Achievement Test prior to enrollment may be allowed to enter
school but are required to take the Stanford at the next regularly scheduled
offering; and
(D)
after all reasonable institutional testing opportunities
have passed and additional students, through no fault of their own, have not
been tested.
(3)
Alternative test instruments approved by the Board may
be used by an institution to initially test students. The section(s) of an
alternative test that a student passes will count towards meeting TASP requirements,
and the sections failed or not attempted will subject a student to TASP requirements
and the institution's developmental education plan.
(A)
Each alternative test instrument shall be correlated with
the TASP Test in that it must be of a diagnostic nature and designed to provide
a comparison of the reading, mathematics and writing skills of the individual
student with the skills necessary for a student to perform effectively in
an undergraduate degree program.
(B)
Alternative tests are to be used only for initial testing;
the TASP Test must be used for all retakes. On completion of the developmental
coursework or program, the student shall take that portion of the TASP Test
for which developmental education was required.
(C)
The alternative tests approved by the Board are:
(i)
ASSET and COMPASS offered by ACT; and
(ii)
Multiple Assessment Programs and Services (MAPS) and ACCUPLACER
offered by The College Board
(D)
The unit costs of alternative tests shall be borne by the
student.
(4)
A high school student who has passed the exit-level assessment
required under Texas Education Code, §39.023 (TAAS) shall be encouraged
to take a test for TASP purposes while enrolled in high school unless otherwise
exempt.
(A)
A high school student who enrolls in dual credit courses
or is concurrently enrolled must take a test for TASP purposes prior to enrolling
in college-level coursework.
(B)
A high school student who fails to achieve the minimum
passing standard set by the board may not be required to take developmental
classes while in high school, and the student may not take collegiate level
classes related to portions of the test that have not been passed. However,
high schools and colleges should encourage students who do not meet the minimum
standards to take courses while in high school to remedy any skill deficiencies.
Nothing in this subsection precludes a college from providing developmental
education courses to high school students at the request of a high school
pursuant to the provisions of Texas Education Code, §130.090(a).
(5)
Students not otherwise exempt from the provisions of this
subchapter may not graduate from a Level-Two certificate program (43-59 semester
credit hours or the equivalent), an associate degree program or baccalaureate
degree program, or enroll in any upper-division course completion of which
would give the student 60 or more college-level semester credit hours or the
equivalent (the student may continue to enroll in lower-division or non-degree
credit courses) until the student either:
(A)
passes all sections of the TASP Test (or an alternative
test on initial attempt only); or
(B)
earns a grade of "B" or better in a freshman-level credit
course in the skill area of the assessed deficit in accordance with §4.56(d)
of this title.
(6)
After successful completion of an appropriate developmental
program, a student must retake appropriate sections of the TASP Test.
(7)
A student shall not enroll in an institution which by law
may not offer lower-division courses unless the student has passed a test
for TASP purposes or otherwise fulfilled all TASP requirements.
(8)
A student shall not enroll in upper-level programs at a
health-related institution unless the student has passed a test for TASP purposes
or otherwise fulfilled all TASP requirements.
(9)
An upper-level institution or health-related institution
that inadvertently admits a student who has not passed a test approved for
TASP purposes must take appropriate steps to ensure that the student meets
TASP requirements.
(10)
Blind students shall take a test approved for TASP purposes
with appropriate accommodations.
(11)
Deaf students shall take the Stanford Achievement Test
nationally normed on the hearing impaired population by Gallaudet University.
Other than the requirement that the student take the Stanford Achievement
Test, all provisions of these rules, including the exemptions and exceptions,
apply to deaf students. Minimum passing standards on the Stanford Achievement
Test are:
(A)
Reading Comprehension - 652 scaled score, 29 raw score;
(B)
Mathematics Total - 682 scaled score, 66 raw score;
(C)
Language Total - 662 scaled score, 37 raw score; and
(D)
Study Skills - 663 scaled score, 19 raw score.
(12)
An institution of higher education 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
must ensure that students meet all TASP requirements.
(b)
Exemptions/Exceptions
(1)
Any student with at least three college-level semester
credit hours or the equivalent from an accredited institution accumulated
prior to the fall of 1989 shall not be required to meet TASP requirements
regardless of any election of academic fresh start (Texas Education Code, §51.931).
Credit hours must be certified as college-level by the granting institution
but need not apply toward a degree or certificate.
(2)
A student who performs at or above a level set by the Board
on the ACT, Scholastic Assessment Test (SAT) or exit-level Texas Assessment
of Academic Skills (TAAS) shall be exempt from TASP requirements. This exemption
shall be in effect for five years from the date the ACT or SAT was taken and
for three years from the date the TAAS Test was taken. While a test may be
retaken, ACT or SAT scores meeting or exceeding the standard set by the Board
must be achieved on a single test administration. TAAS scores must meet or
exceed exemption standards on the first attempt for each section. Standards
for exemption from TASP requirements are:
(A)
ACT: composite score of 23 with a minimum of 19 on both
the English and the mathematics tests;
(B)
SAT: a combined verbal and mathematics score of 1070 with
a minimum of 500 on both the verbal and the mathematics tests; or
(C)
TAAS: 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)
An institution may exempt from TASP requirements a non-degree-seeking
or non-certificate-seeking student who will be 55 years of age or older on
the first class day of a term or semester.
(4)
A student who enrolls on a temporary basis in an institution
of higher education, and is not seeking a degree or Level-Two certificate,
and is also enrolled in a private or independent institution of higher education
or an out-of-state institution of higher education or has graduated from an
institution of higher education, a private or independent institution, or
an out-of-state institution of higher education is exempt from TASP requirements.
(5)
TASP requirements do not apply to students enrolled in
certificate programs of one year or less (Level-One certificates, 42 or fewer
semester credit hours or the equivalent) at a community or technical college.
(6)
A student who has been diagnosed as having dyslexia or
a related disorder, as those terms are defined by Texas Education Code, §38.003,
or a specific learning disability in mathematics by a qualified professional
whose license or credentials are appropriate to diagnose the disorder or disability
as determined by the Board, who takes a test for TASP purposes and completes
the developmental program prescribed by the institution may be required to
retake the TASP Test once but may not be referred to an additional developmental
course or other developmental program or precluded from enrolling in an upper-division
course or graduating because of the student's performance on the test.
(7)
A student who is a citizen of a country other than the
United States and is not seeking a degree is exempt from TASP requirements.
(8)
A student who has graduated with a baccalaureate degree
from an accredited institution of higher education is exempt from TASP requirements.
(9)
A student who transfers to an institution of higher education
from a private or out-of-state institution may use transferred courses which
are given common course numbers corresponding to those in §4.56 (d)(3)
of this title (relating to Criteria for Meeting TASP Requirements) to satisfy
TASP requirements. A student must have earned a course grade of "B" or higher
in each of the three skill areas. If not, the student must be tested for the
remaining skill area(s) and must comply with all other TASP requirements.
(10)
A student who is serving on active duty as a member of
the armed forces of the United States.
(11)
A student who graduates from a public high school or an
accredited private high school in any state with a grade point average of
3.5 or higher on a 4.0 scale or the equivalent and completed the recommended
or advanced high school curriculum or an equivalent or similar curriculum
at an accredited private high school or at a high school outside of Texas.
This exemption is effective only for a student who enrolls in an institution
of higher education on or before the second anniversary of the date the student
graduated from high school.
§4.56.Criteria for Meeting TASP Requirements.
(a)
A student who initially fails one or more sections of a
test taken for TASP purposes may satisfy TASP requirements in one of two ways:
(1)
Achieving a passing score on sections of the TASP Test
for which developmental education was required; or
(2)
Earning a grade of "B" or better in an appropriate course
approved by the Board in §4.56 (d)(3) of this title (relating to Criteria
for Meeting TASP Requirements).
(b)
An institution shall clearly indicate on an official transcript
how a student has met TASP requirements.
(c)
Minimum Passing Standards
(1)
Minimum passing scaled score standards for the TASP Test
are: Reading - 230; Mathematics - 230; Writing - 220.
(2)
Minimum passing scaled score standards for the approved
alternative tests are:
(A)
ASSET: Reading Skills - 41; Elementary Algebra - 38; Writing
Skills (objective) - 40; and Written Essay - 6.
(B)
COMPASS: Reading Skills - 81; Algebra - 39; Writing Skills
(objective) - 59; and Written Essay - 6.
(C)
MAPS: Reading Comprehension - 114; Elementary Algebra Skills
- 613; Conventions of Written English - 310; and Written Essay - 6.
(D)
ACCUPLACER: Reading Comprehension - 78; Elementary Algebra
- 63; Sentence Skills - 80; and Written Essay - 6.
(3)
The passing standard for the written essay portion of all
alternative tests is a score of 6. However, an essay with a score of 5 will
pass if the student meets the objective writing test standard. Institutions
should require students to take lower-level subtests, especially in mathematics,
in order to obtain a broader diagnostic picture of a student's skills (e.g.,
arithmetic skills, pre-algebra, elementary algebra).
(4)
An institution may require higher performance standards.
(d)
Meeting TASP Requirements by Making a Grade of "B" or Better.
(1)
An institution may specify circumstances under which students
may take a "B" or better course concurrently with a developmental education
course as long as both are related to the area of skill deficiency. Students
who complete, to the satisfaction of the institution, the appropriate developmental
education and concurrently earn a grade of "B" or better in an appropriate
approved course, do not have to retake the TASP Test. Institutions shall specify
courses of action for students who earn a grade of "B" or better in an approved
course but do not meet all institutional developmental education requirements.
(2)
Except as provided in paragraph (1) of this subsection,
a student must complete the prescribed developmental education program prior
to enrolling in a "B" or better course.
(3)
The following are the freshmen-level credit courses, identified
by their Common Course Numbers, approved by the Board in accordance with Texas
Education Code, §51.306(g):
(A)
Writing
(i)
ENGL 1301 (Composition I); or
(ii)
ENGL 1302 (Composition II)
(B)
Reading (Courses selected for reading at any institution
must be reading intensive)
(i)
HIST 1301, 1302 (U. S. History);
(ii)
ENGL 2321, 2322, 2323 (British Literature);
(iii)
ENGL 2331, 2332, 2333 (World Literature);
(iv)
ENGL 2326, 2327, 2328 (American Literature);
(v)
PSYCH 2301 (General Psychology); or
(vi)
GOVT 2301,2302,2305,2306 (American Government)
(C)
Mathematics
(i)
MATH 1332 (College Mathematics);
(ii)
MATH 1333 (College Mathematics);
(iii)
MATH 1314 (College Algebra);
(iv)
MATH 1316 (Plane Trigonometry); or
(v)
at the discretion of the institution, a grade of "B" or
better in a more advanced mathematics course for which any of the above are
prerequisites.
(D)
Institutions may choose from the authorized course list
and are not required to offer all of the approved courses. However, an institution
must offer at least one course from the list in each subject area for these
purposes each term.
§4.57.Developmental Education and Advisement.
(a)
A student whose performance is below the minimum passing
standard set by the Board for a tested skill area on the TASP Test or approved
alternative test must meet the requirements set forth in the institution's
developmental education plan.
(b)
Each institution shall make available those courses and
programs on the same campus or center at which the student would otherwise
attend classes. Where there are multiple centers or sites for classes, an
institution may designate a principal site or sites where developmental education
will be conducted.
(c)
An institution may elect to provide developmental programs
or courses on its campus by contracting with a second institution to deliver
the instruction. Under such an arrangement, the host institution is responsible
for the quality and effectiveness of developmental education.
(d)
A student may not graduate from a community, technical,
or public state college or enter upper-division work beyond 60 semester hours
at a university until all TASP requirements are met.
(e)
When students are concurrently enrolled in multiple institutions
of higher education, the institution where the student first registers and
pays full tuition charges (Texas Education Code, §54.062) takes precedence
for the provision of developmental education in accordance with §4.57
(b) and (c) of this title (relating to Developmental Education and Advisement).
§4.58.Administration.
(a)
Each institution shall develop procedures for administering
approved alternative tests which must include reasonable and appropriate accommodations
for students with disabilities and internal policies for dealing with testing
irregularities and academic dishonesty.
(b)
Once a student has passed any section of the TASP Test
or an approved alternative test, his or her score shall remain permanently
effective. Test sections passed while a student is in high school are valid
for a period of five years.
(c)
An institution of higher education serving as a testing
site may not charge students for site costs.
(d)
Policies relating to these rules must be followed as they
are described and further extended in the TASP Policy Manual.
(e)
TASP Test scores may be withheld and/or canceled for any
student who is suspected of committing a testing irregularity during the TASP
Test administration. A student whose TASP Test scores have been withheld shall
receive prompt notification of the reasons why the scores have been withheld
and shall be entitled to due process of law prior to any cancellation of scores.
Institutions may be notified in the event the student is found to have committed
a testing irregularity.
§4.59.Reporting and Funding.
(a)
Reporting
(1)
Each institution shall report annually to the Board data
concerning the results of the students being tested and the effectiveness
of the institution's developmental program and advising program.
(2)
Each institution of higher education shall report to the
Board in accordance with Texas Education Code, §51.403(e) the following
information on student performance during the first year enrolled after graduation
from high school: TASP Test scores, alternative test scores, developmental
education courses required, and grade point average.
(b)
Funding
(1)
A general academic teaching institution (university) may
not receive funding for developmental courses taken by a student in excess
of 18 semester credit hours; a public community college district or technical
college may not receive funding for developmental courses taken by a student
in excess of 27 semester credit hours or the equivalent.
(2)
All developmental hours funded by the state during the
summer of 1996 and thereafter shall be counted toward each student's total
number of developmental hours at a given institution.
(3)
English as a Second Language (ESL) hours may be used for
developmental education purposes when a student is placed in such courses
as a result of failing the reading or writing portion of the TASP Test or
an approved alternative test. However, when used for such purposes, ESL hours
shall be counted toward the 18/27 hour cap.
(c)
Audits
(1)
Each institution is responsible for full compliance with
Texas Education Code, §51.306 and the rules adopted by the Board.
(2)
Failure to comply with the TASP statute and rules or any
other act or omission that results in the accumulation of semester credit
hours or the equivalent in violation of the TASP statute and rules shall be
a basis for disallowing those credits by audit exceptions, resulting in an
adjustment of the dollar amounts of institutional funds.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301041
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.81 - 4.85
The Texas Higher Education Coordinating Board proposes new §§4.81
- 4.85, concerning general oversight of public universities, health-related
institutions, and two-year colleges (Dual Credit Partnerships between Secondary
Schools and Texas Public Colleges). Specifically, these new sections replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
assemble in one chapter, renumber, and clarify current Board rules regarding
the general oversight of all public higher education institutions. The new
rules consolidate current Board rules governing dual (or concurrent course)
credit for community and technical colleges and for universities. This consolidation
should help eliminate confusion for secondary schools who engage in dual credit
partnerships with public institutions. Other changes include new definitions
for the terms "college" and "dual credit." The term "college" will now refer
to community and technical colleges and to universities. The term "dual credit"
will be used for both types of institutions instead of the historical use
of the term "concurrent course credit" used by community and technical colleges.
More emphasis is given to the requirement that colleges comply with applicable
Board rules and procedures for offering courses at a distance and more emphasis
is given to the requirement that a dual credit course offered at the high
school campus is equivalent to the corresponding course offered at the college's
main campus. Provisions that allowed for a "mixed" class (having high school
credit only students and dual credit students) are more limited. In addition,
a new provision would allow students in the high school graduating class of
2005 to enroll in dual credit courses based on the tenth grade version of
the new TAKS (Texas Assessment of Knowledge and Skills). This is a temporary
measure until the college-readiness cut score on the eleventh grade TAKS is
established in 2004.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, Section
61.027, which provides the Board with general rule-making authority; Section
61.002, which establishes the Board as an agency charged to provide leadership
and coordination for the Texas higher education system; Section 61.051, which
provides the Board with authority to coordinate institutions of public higher
education in promoting quality education; Texas Education Code, Section 51.911,
which requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, Section 61.0815, which requires institutions
to report expert witnesses; Texas Education Code 61.051(g), and Texas Education
Code, Sections 61.821-831, which authorizes the Board to adopt rules and establish
policies and procedures for the development, adoption, implementation, and
evaluation of core curricula, field of study curricula, and a transfer dispute
resolution process; Texas Education Code, Section 51.307, which authorizes
the Board to adopt rules to implement the provisions of Texas Education Code,
Sections 51.306 - 51.308 and Texas Education Code, Section 51.403(e), regarding
Testing and Development Education; Texas Education Code, Sections 29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, Section 61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair
The new rules affect Texas Education Code, §§61.002, 61.051,
51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184,
61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.
§4.81.Purpose.
This subchapter provides rules and regulations for public two-year
associate degree-granting institutions and for public universities to engage
in dual credit partnerships with secondary schools. (See Chapter 9, Subchapter
H of this title (relating to Partnerships Between Secondary Schools and Public
Two-Year Associate Degree-Granting Institutions) for high school credit only
partnerships, Tech-Prep partnerships, and remedial or developmental instruction
for high school graduation partnerships.)
§4.82.Authority.
Texas Education Code, §§29.182, 29.184, 61.027, 61.076(j),
130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d) provide the Board with
the authority to regulate dual credit partnerships between public two-year
associate degree-granting institution and public universities with secondary
schools.
§4.83.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)
College--Public two-year associate degree-granting institutions
and public universities.
(3)
Commissioner--The Commissioner of Higher Education.
(4)
Dual credit--a process by which a high school student enrolls
in a college course and receives simultaneous academic credit for the course
from both the college and the high school. While dual credit courses are often
taught on the secondary school campus to high school students only, applicable
sections of these rules, §4.84 (a) and §4.85 (a), (b), (g), (h),
(i) of this title (relating to Dual Credit Partnerships), also apply when
a high school student takes a course on the college campus and receives both
high school and college credit. Dual credit is also referred to as concurrent
course credit; the terms are equivalent. However, dual (or concurrent) enrollment
refers to a circumstance in which a student is enrolled in more than one educational
institution (including a high school and a college).
(5)
Public two-year associate degree-granting institution--a
community college, a technical college, or a state college.
§4.84.Institutional Agreements.
(a)
Need for Institutional Agreements. For any dual credit
partnership between a secondary school and a public college, an agreement
must be approved by the governing boards or designated authorities (e.g.,
principal and chief academic officer) of both the public school district or
private secondary school and the public college prior to the offering of such
courses.
(b)
Elements of Institutional Agreements. The dual credit partnership
must address the following elements:
(1)
Eligible Courses;
(2)
Student Eligibility;
(3)
Location of Class;
(4)
Student Composition of Class;
(5)
Faculty Selection, Supervision, and Evaluation;
(6)
Course Curriculum, Instruction, and Grading;
(7)
Academic Policies and Student Support Services;
(8)
Transcripting of Credit; and
(9)
Funding.
§4.85.Dual Credit Requirements.
(a)
Eligible Courses.
(1)
Courses offered for dual credit by public two-year associate
degree granting institutions must be identified as college-level academic
courses in the current edition of the Lower Division Academic Course Guide
Manual adopted by the Board or as college-level workforce education courses
in the current edition of the Workforce Education Course Manual adopted by
the Board.
(2)
Courses offered for dual credit by public universities
must be in the approved undergraduate course inventory of the university.
(3)
Public colleges may not offer remedial and developmental
courses for dual credit.
(b)
Student Eligibility.
(1)
To be eligible for enrollment 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 the Texas Academic
Skills Program (TASP) test or a Board-approved alternative assessment instrument
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.
(2)
To be eligible for enrollment in a dual credit course for
TASP-waived college certificate 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 in
TASP-waived certificate 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 has 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 the Texas Academic Skills Program (TASP)
test or a Board-approved alternative assessment instrument 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.
(3)
Students who are enrolled in private or non-accredited
secondary schools or who are home-schooled must satisfy paragraph (1) of this
subsection.
(4)
To be eligible for enrollment in a dual credit course offered
by a public college, students must meet all the college's regular prerequisite
requirements designated for that course (e.g., minimum score on a specified
placement test, minimum grade in a specified previous course, etc.).
(5)
To be eligible for enrollment in a dual credit course offered
by a public college, students must have at least junior year high school standing.
Exceptions to this requirement for students with demonstrated outstanding
academic performance and capability (as evidenced by grade-point average,
PSAT scores, or other assessment indicators) may be approved by the principal
of the high school and the chief academic officer of the college.
(6)
High school students shall not be enrolled in more than
two dual credit courses per semester. Exceptions to this requirement for students
with demonstrated outstanding academic performance and capability (as evidenced
by grade-point average, ACT or SAT scores, or other assessment indicators)
may be approved by the principal of the high school and the chief academic
officer of the college.
(c)
Location of Class. Dual credit courses may be taught on
the college campus or on the high school campus. For dual credit courses taught
exclusively to high school students on the high school campus and for dual
credit courses taught electronically, public colleges shall comply with applicable
rules and procedures for offering courses at a distance in §§4.101-4.108
of this title (relating to Distance Education and Off-Campus Instruction).
In addition, dual credit courses taught electronically shall comply with the
Board's adopted Principles of Good Practice for Courses Offered Electronically.
(d)
Composition of Class. Dual credit courses may be composed
of dual credit students only or of dual and college credit students. Exceptions
for a mixed class, which would also include high school credit-only students,
may be allowed only under one of the following conditions:
(1)
If the course involved is required for completion under
the State Board of Education Recommended or Distinguished Achievement High
School Program graduation requirements, and the high school involved is otherwise
unable to offer such a course;
(2)
If the high school credit-only students are advanced placement
students.
(e)
Faculty Selection, Supervision, and Evaluation.
(1)
The college shall select instructors of dual credit courses.
These instructors must be regularly employed faculty members of the college
or must meet the same standards (including minimal requirements of the Southern
Association of Colleges and Schools) and approval procedures used by the college
to select faculty responsible for teaching the same courses at the main campus
of the college.
(2)
The college shall supervise and evaluate instructors of
dual credit courses using the same or comparable procedures used for faculty
at the main campus of the college.
(f)
Course Curriculum, Instruction, and Grading. The college
shall ensure that a dual credit course and the corresponding course offered
at the main campus of the college are equivalent with respect to the curriculum,
materials, instruction, and method/rigor of student evaluation. These standards
must be upheld regardless of the student composition of the class.
(g)
Academic Policies and Student Support Services.
(1)
Regular academic policies applicable to courses taught
at the college's main campus must also apply to dual credit courses. These
policies could include the appeal process for disputed grades, drop policy,
the communication of grading policy to students, when the syllabus must be
distributed, etc.
(2)
Students in dual credit courses must be eligible to utilize
the same or comparable support services that are afforded college students
on the main campus. The college is responsible for ensuring timely and efficient
access to such services (e.g., academic advising and counseling), to learning
materials (e.g., library resources), and to other benefits for which the student
may be eligible.
(h)
Transcripting of Credit. For dual credit courses, high
school as well as college credit should be transcripted immediately upon a
student's completion of the performance required in the course.
(i)
Funding.
(1)
The state funding for dual credit courses will be available
to both public school districts and colleges based on the current agreement
between the Commissioner of Education and the Commissioner of Higher Education.
(2)
The college may claim funding for all students getting
college credit in dual credit courses.
(3)
Only a public community college may waive 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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301042
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.101 - 4.108
The Texas Higher Education Coordinating Board proposes new §§4.101
- 4.108, concerning general oversight of public universities, health-related
institutions, and two-year colleges (Approval of Distance Education and Off-Campus
Instruction for Public Colleges and Universities). Specifically, these new
sections replace existing sections which are contemporaneously proposed for
repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general oversight of all public higher education institutions.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, Section
61.027, which provides the Board with general rule-making authority; Section
61.002, which establishes the Board as an agency charged to provide leadership
and coordination for the Texas higher education system; Section 61.051, which
provides the Board with authority to coordinate institutions of public higher
education in promoting quality education; Texas Education Code, Section 51.911,
which requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, Section 61.0815, which requires institutions
to report expert witnesses; Texas Education Code 61.051(g), and Texas Education
Code, Sections 61.821-831, which authorizes the Board to adopt rules and establish
policies and procedures for the development, adoption, implementation, and
evaluation of core curricula, field of study curricula, and a transfer dispute
resolution process; Texas Education Code, Section 51.307, which authorizes
the Board to adopt rules to implement the provisions of Texas Education Code,
Sections 51.306 - 51.308 and Texas Education Code, Section 51.403(e), regarding
Testing and Development Education; Texas Education Code, Sections 29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, Section 61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair
The new rules affect Texas Education Code, §§61.002, 61.051,
51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184,
61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.
§4.101.Purpose.
This subchapter provides guidance to all public institutions of higher
education in Texas regarding the delivery of distance education and off-campus
courses and programs. The Board's goals are to ensure the quality of Texas-based
distance education and off-campus courses and programs and to provide residents
with access to distance education and off-campus courses and programs that
meet their needs. The rules are designed to assure the adequacy of the technical
and managerial infrastructures necessary to support those courses and programs.
§4.102.Authority.
The authority for this subchapter is Texas Education Code, §61.051(j).
§4.103.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 Board.
(2)
Commissioner--The Commissioner of Higher Education.
(3)
Distance education--Instruction in which the majority of
the instruction occurs when the student and instructor are not in the same
physical setting. A class is considered a distance education class if students
receive more than one-half of the instruction at a distance. Distance education
can be delivered synchronously or asynchronously to any single or multiple
location(s):
(A)
Other than the "main campus" of a senior institution (or
"on campus"), where the primary office of the chief executive officer of the
campus is located;
(B)
Outside the boundaries of the taxing authority of a public
community/junior college district; or
(C)
Via instructional telecommunications to any other distant
location, including electronic delivery of all types.
(4)
Institutional Plan--A long-term plan describing how an
institution seeking authority to offer distance education and off-campus instruction
will ensure quality and resources in providing such instruction, based on
Board-adopted Guidelines for Institutional Plans.
(5)
Instructional Telecommunications--Electronic telecommunication
technology systems employed to deliver distance education instruction.
(6)
Off-Campus--Instruction in which one-half or more of the
instruction is delivered with the instructor and student in the same physical
location and which meets one of the following criteria: for senior institutions,
Lamar state colleges, or public technical colleges, off-campus locations are
locations away from the main campus; for public community/junior colleges,
off-campus locations are locations outside the taxing district.
(7)
Program--Any certificate or degree program offered by a
public institution of higher education.
(8)
Regional Council--A cooperative arrangement among representatives
of all public and independent higher education institutions within a Uniform
State Service Region.
(9)
Senior institution--Public universities, health science
centers and health-related institutions. All provisions of this subchapter
relating to universities or to "senior institutions" also apply to health
science centers and health-related institutions.
(10)
Service area--The territory served by a public community/junior
college district as defined in Texas Education Code, Subchapter J (relating
to Junior College District Service Area).
(11)
Special professional--First professional degree programs,
such as law, pharmacy, optometry, dentistry, medicine and veterinary medicine.
§4.104.General Provisions.
(a)
This subchapter governs the following types of instruction:
(1)
Academic credit instruction and formula-funded workforce
continuing education provided by a public community/junior college outside
of the boundaries of its taxing district;
(2)
Academic credit instruction provided by a public technical
college, Lamar state college, university, or health-related institution at
a site other than the main campus where the primary office of the chief executive
officer of the campus is located; or
(3)
Academic credit instruction provided at out-of-state or
foreign locations by public institutions of higher education;
(b)
This subchapter does not apply to the following types of
instruction:
(1)
Non-credit adult and continuing education courses provided
at a distance by universities and health science centers;
(2)
Continuing education, except formula-funded workforce continuing
education, provided by public community/junior colleges, Lamar state colleges,
and public technical colleges; or
(3)
Correspondence and extension classes that are not submitted
for formula funding.
(c)
The Board retains final authority for the offering of all
classes, courses, programs, and degrees, and may take whatever action it deems
appropriate to comply with the law or to maintain a high-quality and cost-effective
system of distance education and off-campus instruction for the state.
(1)
Each course and program offered under the provisions of
this subchapter must be within the role and mission of the institution responsible
for offering the instruction. Each course must be on the offering institution's
inventory of approved courses, and each program must be on the offering institution's
inventory of approved programs.
(2)
Prior approval may be required before an institution may
offer courses and programs under the provisions of this subchapter in certain
subject area disciplines or under other conditions specified by the Board.
(3)
No doctoral or special professional degree programs may
be offered via distance education or off-campus instruction without specific
prior approval by the Board. The Commissioner may approve for delivery to
other off-campus sites or via other delivery modes doctoral or special professional
degree programs that have previously been approved by the Board for electronic
or off-campus delivery.
(d)
An institution offering a full degree or certificate program
under the provisions of this subchapter shall comply with relevant procedures
and rules of the appropriate regulatory or accrediting agency, or professional
certification board.
(e)
No graduate degree program may be offered via distance
education or off-campus instruction without prior notification by the institution
to the appropriate regulatory or accrediting agency or professional certification
board.
(f)
A program is considered to be offered via distance education
or off-campus instruction if a student may complete a substantial majority
of the program without taking any courses on the main campus of the public
university, public technical college, or health-related institution providing
the instruction, or without physically attending classes within the boundaries
of the taxing district of the public community/junior college district providing
the instruction.
(g)
Notice of each course offered via off-campus instruction
under the provisions of this subchapter shall be submitted to the Board. Notice
of each program offered via distance education, including Internet delivery,
or off-campus instruction shall be submitted to the Board. Notice shall be
provided in accordance with provisions and schedules determined by the Commissioner.
(h)
State-funded distance education and off-campus instruction
shall be reported in accordance with the Board's uniform reporting system
and the reporting provisions of this subchapter.
(i)
Institutions may be required to provide special reports
on distance education and off-campus courses and programs for inclusion in
institutional and statewide reports.
(j)
Institutions shall not submit for formula funding semester
credit hours generated through distance education by any student who is not
a Texas resident or is not physically located in Texas. In limited cases,
exceptions can be approved by the Commissioner.
(k)
Instruction delivered out-of-state through distance education
to non-Texas residents should be treated as extension courses; institutions
shall charge appropriate fees to cover the cost of instruction.
§4.105.Standards and Criteria for Distance Education and Off-Campus Instruction.
The following standards and criteria shall apply to distance education
and off-campus instruction.
(1)
Instruction shall meet the quality standards applicable
to on-campus instruction.
(2)
Courses which offer either semester credit hours or Continuing
Education Units shall do so in accordance with the standards of the Commission
on Colleges of the Southern Association of Colleges and Schools.
(3)
Students shall satisfy the same requirements for admission
to the institution, to the program of which the course is a part, and to the
class/section itself, as are required of on-campus students. Students in programs
to be offered collaboratively must meet the admission standards of their home
institutions.
(4)
Faculty shall be selected and evaluated by the same standards,
review, and approval procedures used by the institution to select and evaluate
faculty responsible for on-campus instruction.
(5)
Institutions shall provide training and support to enhance
the added skills required of faculty teaching classes via instructional telecommunications.
(6)
The instructor of record shall bear responsibility for
the delivery of instruction and for evaluation student progress.
(7)
Providers of graduate-level instruction shall be approved
in the same manner as graduate faculty for on-campus instruction.
(8)
All instruction shall be administered by the same entity
administering the corresponding on-campus instruction. The supervision, monitoring,
and evaluation processes for instructors shall be comparable to those for
on-campus instruction.
(9)
Students shall be provided academic support services -
including academic advising, counseling, library and other learning resources,
and financial aid - appropriate for distance education and off-campus learners.
(10)
Facilities (other than homes as distance education reception
sites) shall be comparable in quality to those for on-campus instruction.
(11)
Institutions shall adhere to additional criteria outlined
in the Guidelines for Institutional Plans for Distance Education and Off-Campus
Instruction.
§4.106.Institutional Plan for Distance Education and Off-Campus Instruction.
(a)
Prior to offering any distance education or off-campus
courses or programs for the first time, a public community/junior or Lamar
state college, technical college, or senior institution shall submit an Institutional
Plan for Distance Education and Off-Campus Instruction to the Board for approval.
The Commissioner shall provide guidelines for development of such plans.
(b)
Institutional academic and administrative policies shall
reflect a commitment to maintain the quality of distance education and off-campus
programs in accordance with the provisions of this subchapter. An Institutional
Plan shall conform to Board guidelines and criteria of the Commission on Colleges
of the Southern Association of Colleges and Schools in effect at the time
of the Plan's approval. These criteria shall include provisions relating to:
(1)
Institutional Issues;
(2)
Educational Programs;
(3)
Faculty;
(4)
Student Support Services; and
(5)
Distance Education Facilities and Support.
(c)
Prior to Board consideration of an Institutional Plan,
the Commissioner may approve an offering by an institution of a limited number
of distance education courses for experimental purposes.
(d)
Each institution with an approved Institutional Plan for
Distance Education and Off-Campus Instruction shall submit an updated Plan
on a schedule to be determined by the Commissioner. Thereafter, Institutional
Plans shall be reviewed periodically on a schedule to be determined by the
Commissioner.
§4.107.Distance Education and Off-Campus Course and Program General Provisions.
(a)
The Commissioner shall develop procedures governing the
review and approval of distance education and off-campus courses and programs.
(b)
Regional Councils in each of the ten Uniform State Service
Regions are hereby authorized to make recommendations to the Commissioner
and to resolve disputes regarding plans for lower-division courses and programs
proposed by public institutions.
(1)
The presidents, or designated representatives, of each
public and independent institution of higher education with its main campus
in each Region comprise the Council membership.
(2)
The Commissioner shall develop procedures to govern Regional
Council responsibilities.
§4.108.Out-of-State and Foreign Course and Program General Provisions.
(a)
State-funded out-of-state and foreign off-campus courses
offered by Texas public institutions of higher education, or by an approved
consortium composed of Texas public institutions, shall be approved by the
Commissioner in order for the semester credit hours or contact hours generated
in those courses to be used for formula reimbursement and shall adhere to
procedures and standards developed by the Commissioner for out-of-state and
foreign offerings.
(b)
Non-state-funded credit courses shall not be included in
submissions to Regional Councils. Non-credit adult and continuing education
courses offered at a distance by universities and health science centers are
exempt from this subchapter.
(c)
Institutions may not submit for formula funding distance
education courses delivered outside the state without specific prior approval
by the Commissioner.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301043
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.131 - 4.135
The Texas Higher Education Coordinating Board proposes new §§4.131
- 4.135, concerning general oversight of public universities, health-related
institutions, and two-year colleges (Texas State Science and Engineering Fair).
Specifically, these new sections replace existing sections which are contemporaneously
proposed for repeal in this issue of the
Texas Register
. The new sections assemble in one chapter, renumber, and clarify current
Board rules regarding the general oversight of all public higher education
institutions.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, Section
61.027, which provides the Board with general rule-making authority; Section
61.002, which establishes the Board as an agency charged to provide leadership
and coordination for the Texas higher education system; Section 61.051, which
provides the Board with authority to coordinate institutions of public higher
education in promoting quality education; Texas Education Code, Section 51.911,
which requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, Section 61.0815, which requires institutions
to report expert witnesses; Texas Education Code 61.051(g), and Texas Education
Code, Sections 61.821-831, which authorizes the Board to adopt rules and establish
policies and procedures for the development, adoption, implementation, and
evaluation of core curricula, field of study curricula, and a transfer dispute
resolution process; Texas Education Code, Section 51.307, which authorizes
the Board to adopt rules to implement the provisions of Texas Education Code,
Sections 51.306 - 51.308 and Texas Education Code, Section 51.403(e), regarding
Testing and Development Education; Texas Education Code, Sections 29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, Section 61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair
The new rules affect Texas Education Code, §§61.002, 61.051,
51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184,
61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.
§4.131.Purpose, Scope, and Authority.
(a)
Purpose. The purpose of the Texas State Science and Engineering
Fair (TSSEF) is to promote an appreciation for and interest in science, mathematics,
and engineering among precollege students; to assist schools and school districts
in fulfilling their mission in science, mathematics, and engineering education;
and to promote workforce development in the fields of science, mathematics,
and engineering by providing students with an opportunity to interact with
higher education and corporate institutions.
(b)
Scope. The TSSEF is the pathway for 9th through 12th grade
students to advance from regional-level science fairs to state-level opportunities.
The TSSEF provides access to the International Science and Engineering Fair
for Texas precollege students.
(c)
Authority. The Texas Education Code, Chapter 61, §61.088
authorizes the Board to establish rules for the organization and operation
of the State Fair.
§4.132.Eligible Students.
The TSSEF may accept 1st through 3rd place winners in each of the 15
divisions recognized by the International Science & Engineering Fair (Behavioral
and Social Sciences, Biochemistry, Botany, Chemistry, Computer Science, Earth
and Space Science, Engineering, Environmental Science, Gerontology, Mathematics,
Medicine and Health, Microbiology, Physics, Zoology, and Team Projects in
any science disciplines) from the Regional Fairs in the state.
§4.133.Awards.
The TSSEF may award prizes to 1st through 5th place winners in each
of the 15 divisions recognized by the ISEF. In addition, a number of special
awards, including industry and society awards, may be given.
§4.134.Organizations and Operations.
The Board may contract with public or private entities to conduct the
State Fair. The Board shall coordinate the TSSEF with regional science and
engineering fairs held in the state.
§4.135.Dissemination of Information and Rules.
The TSSEF shall operate under the rules of the International Science
and Engineering Fair (ISEF) and its publication International Rules for Precollege
Science Research: Guidelines for Science and Engineering Fairs.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301044
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§5.1 - 5.12
(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 §§5.1 - 5.12 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (General Provisions).
Proposals of new rules concerning substantially the same matters are contemporaneously
published in this issue of the
Texas Register.
Specifically,
the rules proposed for repeal cover a wide variety of topics. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.1.Degree Terminology.
§5.2.Grants for Community Service Programs.
§5.3.Uniform Grade-Point Calculation for Admission to Graduate and Professional Schools.
§5.4.Time Limit on Implementing New Programs or Administrative Changes Approved by the Board or the Commissioner.
§5.5.Student Absences on Religious Holy Days.
§5.6.Common Calendar.
§5.7.Minimum Length of Courses.
§5.8.Core Curricula.
§5.9.Uniform Admission Policy.
§5.10.Student Transcripts.
§5.11.Common Admission Application.
§5.12.Expert Witnesses.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301052
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.21 - 5.29
(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 §§5.21 - 5.29 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Criteria for Approval
of New Baccalaureate Degree Programs). Proposals of new rules concerning substantially
the same matters are contemporaneously published in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.21.Role and Scope.
§5.22.Unnecessary Duplication.
§5.23.Faculty Resources.
§5.24.Library Resources.
§5.25.Physical Facilities.
§5.26.Administration of the Program.
§5.27.Demonstrated Need.
§5.28.Complement Existing Programs.
§5.29.Suitable Financing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301053
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.41 - 5.49
(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 §§5.41-5.49 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Criteria for Approval
of New Master’s Degree Programs). Proposals of new rules concerning
substantially the same matters are contemporaneously published in this issue
of the
Texas Register.
Specifically, the rules
proposed for repeal cover a wide variety of topics. To provide better organization
and to increase clarity, these rules are being reorganized into several new
chapters being proposed contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical
and Health Professional Recruitment Fund. These sections are being eliminated
because the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.41.Role and Scope.
§5.42.Demonstrated Competence at the Baccalaureate Level.
§5.43.Faculty Resources.
§5.44.Critical Mass of Qualified Students.
§5.45.Unnecessary Strictures.
§5.46.Specific Steps for Implementation.
§5.47.Administration of the Program.
§5.48.Existing Programs.
§5.49.Library Resources.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301074
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.61 - 5.74
(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 §§5.61 - 5.74 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Criteria for Approval
of New Doctoral Degree Programs). Proposals of new rules concerning substantially
the same matters are contemporaneously published in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.61.Design of the Program.
§5.62.Freedom of Inquiry and Expression.
§5.63.Strong Programs at the Undergraduate and Master's Levels.
§5.64.Need for the Program.
§5.65.Faculty Resources.
§5.66.Teaching Loads of Faculty.
§5.67.Critical Mass of Superior Students.
§5.68.On-Campus Residency Expectations.
§5.69.Adequate Financial Assistance for Doctoral Students.
§5.70.Carefully Planned Program of Study.
§5.71.Physical Facilities.
§5.72.Library Resources.
§5.73.Program Evaluation Standards.
§5.74.Specific Steps for Implementation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301054
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.91 - 5.101
(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 §§5.91 - 5.101 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Presentation of Request
for New Academic Degree Programs). Proposals of new rules concerning substantially
the same matters are contemporaneously published in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.91.General Instructions.
§5.92.Description of Proposed Program.
§5.93.Projected Enrollment.
§5.94.Faculty.
§5.95.Library.
§5.96.Facilities and Equipment.
§5.97.Administration of Proposed Program.
§5.98.Accreditation.
§5.99.Supporting Fields.
§5.100.Costs of Proposed Program.
§5.101.Approvals by the Commissioner.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301055
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.111 - 5.113
(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 §§5.111 - 5.113 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Presentation
of Request for Administrative Changes). Proposals of new rules concerning
substantially the same matters are contemporaneously published in this issue
of the
Texas Register.
Specifically, the rules
proposed for repeal cover a wide variety of topics. To provide better organization
and to increase clarity, these rules are being reorganized into several new
chapters being proposed contemporaneously in this issue of the
Texas Register,
except for §§5.370 - 5.376 regarding the
Medical and Health Professional Recruitment Fund. These sections are being
eliminated because the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.111.General Instructions.
§5.112.Information Required.
§5.113.Board Procedures for Approval of New Schools or Colleges or New Institutions of Higher Education.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301056
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.131 - 5.134
(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 §§5.131 - 5.134 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Approval of
Less-than-Baccalaureate Programs in Senior Institutions). Proposals of new
rules concerning substantially the same matters are contemporaneously published
in this issue of the
Texas Register.
Specifically,
the rules proposed for repeal cover a wide variety of topics. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.131.General Policy.
§5.132.Circumstances for Consideration of Proposals from Senior Institutions.
§5.133.Criteria for Approval of Programs in Senior Institutions.
§5.134.Procedures for Evaluation of Program Proposals.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301057
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.151 - 5.157
(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 §§5.151 - 5.157 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Approval of
Distance Education and Off-Campus Instruction for Public Colleges and Universities).
Proposals of new rules concerning substantially the same matters are contemporaneously
published in this issue of the
Texas Register.
Specifically,
the rules proposed for repeal cover a wide variety of topics. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.151.Purpose.
§5.152.Definitions.
§5.153.General Provisions.
§5.154.Standards and Criteria for Distance Education and Off-Campus Instruction.
§5.155.Institutional Plan for Distance Education and Off-Campus Instruction.
§5.156.Distance Education and Off-Campus Course and Program general Provisions.
§5.157.Out-of-State and Foreign Course and Program General Provisions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301058
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.170 - 5.174
(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 §§5.170 - 5.174 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Texas State
Science and Engineering Fair). Proposals of new rules concerning substantially
the same matters are contemporaneously published in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.170.Purpose, Scope, and Authority.
§5.171.Eligible Students.
§5.172.Awards.
§5.173.Organizations and Operations.
§5.174.Dissemination of Information and Rules.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301059
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.211 - 5.225
(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 §§5.211 - 5.225 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Private and
Out-of-State Public Degree Granting Institutions Operating in Texas). Proposals
of new rules concerning substantially the same matters are contemporaneously
published in this issue of the
Texas Register.
Specifically,
the rules proposed for repeal cover a wide variety of topics. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.211.Definitions.
§5.212.Exemptions.
§5.213.Administrative Procedures Related to Certification of Nonexempt Institutions.
§5.214.Standards For Nonexempt Institutions.
§5.215.Certificate of Authority to Grant Degrees and Offer Courses at Nonexempt Institutions.
§5.216.Certificate of Registration for Agents of Nonexempt Institutions.
§5.217.Off-Campus Operations, Changes of Level at Exempt Institutions, and Out-of-State Public Institutions.
§5.218.Denial Of Certificates To Institutions And Agents.
§5.219.Revocation Of Certificates To Nonexempt Institutions And Agents.
§5.220.Prohibitions Applicable To Nonexempt Institutions.
§5.221.Administrative Procedures Related to the Assessment of Penalties Against Nonexempt Institutions.
§5.222.Administrative Penalties For Nonexempt Institutions.
§5.223.Injunctions Against Nonexempt Institutions.
§5.224.Civil Penalty Against Nonexempt Institutions.
§5.225.Judicial Procedures For Nonexempt Institutions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301060
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.241 - 5.246
(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 §§5.241 - 5.246 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Operation of
Off-Campus Educational Units of Senior Colleges and Universities). Proposals
of new rules concerning substantially the same matters are contemporaneously
published in this issue of the Texas Register. Specifically, the rules proposed
for repeal cover a wide variety of topics. To provide better organization
and to increase clarity, these rules are being reorganized into several new
chapters being proposed contemporaneously in this issue of the Texas Register,
except for §§5.30 - 5.376 regarding the Medical and Health Professional
Recruitment Fund. These sections are being eliminated because the program
was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.241.Purpose.
§5.242.Definitions.
§5.243.Supply/Demand Pathway.
§5.244.Other Off-Campus Educational Subdivisions of Colleges and Universities.
§5.245.Multi-Institution Teaching Center.
§5.246.University System Centers.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301061
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed possible date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.260 - 5.263
(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 §§5.260 - 5.263 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Dual Credit
Partnerships Between Secondary Schools and Texas Public Universities). Proposals
of new rules concerning substantially the same matters are contemporaneously
published in this issue of the
Texas Register.
Specifically,
the rules proposed for repeal cover a wide variety of topics. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.260.Purpose.
§5.261.Institutional Agreements.
§5.262.Dual Credit Requirements.
§5.263.Data Collection and Analysis.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301062
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.281 - 5.285
(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 §§5.281 - 5.285 concerning program development in
public universities, health-related institutions, and two-year colleges and
private and out-of-state public degree granting institutions (Guidelines on
Approval of Course Inventories for Public Senior Institutions). Proposals
of new rules concerning substantially the same matters are contemporaneously
published in this issue of the
Texas Register.
Specifically,
the rules proposed for repeal cover a wide variety of topics. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.281.Procedure for Obtaining Course Approval.
§5.282.Course Approvals Affecting Graduate Interdisciplinary Degrees.
§5.283.Course Approvals for Interdisciplinary Baccalaureate Degree.
§5.284.Uses and Course Approval for Bachelor of Applied Arts and Sciences Degree.
§5.285.Utilization of Credit In Pre-Collegiate Courses to Satisfy Degree Requirements.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301063
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §5.301, §5.302
(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 §§5.301-5.302 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Offering of Small Classes
by Public Senior Colleges and Universities). Proposals of new rules concerning
substantially the same matters are contemporaneously published in this issue
of the
Texas Register.
Specifically, the rules
proposed for repeal cover a wide variety of topics. To provide better organization
and to increase clarity, these rules are being reorganized into several new
chapters being proposed contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical
and Health Professional Recruitment Fund. These sections are being eliminated
because the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.301.General Provisions.
§5.302.Definitions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301064
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.311 - 5.318
(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 §§5.311-5.318 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Testing and Developmental
Education). Proposals of new rules concerning substantially the same matters
are contemporaneously published in this issue of the
Texas Register.
Specifically, the rules proposed for repeal cover a
wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters being proposed
contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical and Health
Professional Recruitment Fund. These sections are being eliminated because
the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.311.Purpose.
§5.312.Definitions.
§5.313.Institutional Developmental Education Plans.
§5.314.Eligibility and Exemptions/Exceptions.
§5.315.Criteria for Meeting TASP Requirements.
§5.316.Developmental Education and Advisement.
§5.317.Administration.
§5.318.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 February 12, 2003.
TRD-200301065
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.350 - 5.353
(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 §§5.350-5.353 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Institutional Mission
Statements). Proposals of new rules concerning substantially the same matters
are contemporaneously published in this issue of the
Texas Register.
Specifically, the rules proposed for repeal cover a
wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters being proposed
contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical and Health
Professional Recruitment Fund. These sections are being eliminated because
the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.350.General Instructions.
§5.351.Definitions.
§5.352.Criteria and Procedures.
§5.353.Timeline for Review of Mission Statements.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301070
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.370 - 5.376
(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 §§5.370-5.376 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Medical and Health Professions
Recruitment Fund). Proposals of new rules concerning substantially the same
matters are contemporaneously published in this issue of the
Texas Register.
Specifically, the rules proposed for repeal cover a
wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters being proposed
contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical and Health
Professional Recruitment Fund. These sections are being eliminated because
the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.370.Purpose.
§5.371.Definitions.
§5.372.Administration.
§5.373.Delegation of Powers and Duties.
§5.374.Funding.
§5.375.Eligibility.
§5.376.Program Selection.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301071
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.390 - 5.393, 5.400 - 5.405
(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 §§5.390-5.393 and 5.400-5.405 concerning program development
in public universities, health-related institutions, and two-year colleges
and private and out-of-state public degree granting institutions (Core Curriculum
Transfer and Field of Study Curricula). Proposals of new rules concerning
substantially the same matters are contemporaneously published in this issue
of the
Texas Register.
Specifically, the rules
proposed for repeal cover a wide variety of topics. To provide better organization
and to increase clarity, these rules are being reorganized into several new
chapters being proposed contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical
and Health Professional Recruitment Fund. These sections are being eliminated
because the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.390.General Provisions.
§5.391.Requirements and Limitations.
§5.392.Penalty for Noncompliance with Transfer Rules.
§5.393.Resolution of Transfer Disputes for Lower-Division Courses.
§5.400.Definitions.
§5.401.General Provisions.
§5.402.Core Curriculum.
§5.403.Core Curricula Larger than 42 Semester Credit Hours.
§5.404.Criteria for Evaluation of Core Curricula.
§5.405.Field of Study Curricula.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301072
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §5.420, §5.421
(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 §§5.420-5.421 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Tobacco Lawsuit Settlement
Funds). Proposals of new rules concerning substantially the same matters are
contemporaneously published in this issue of the
Texas Register.
Specifically, the rules proposed for repeal cover a
wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters being proposed
contemporaneously in this issue of the
Texas Register,
except for §§5.370-5.376 regarding the Medical and Health
Professional Recruitment Fund. These sections are being eliminated because
the program was never implemented or funded.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit would be the improved
organization and clarity of rules affecting public institutions of higher
education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not significantly alter the requirements
included in the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Marshall
A. Hill, Assistant Commissioner for Universities and Health-Related Institution,
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 repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
Texas Education Code, §61.002; Texas Education Code, §61.051;
and Texas Education Code, §61.0651.
§5.420.Nursing, Allied Health and Other Health-Related Education Grant Program.
§5.421.Minority Health Research and Education Grant Program.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301073
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§5.1 - 5.7
The Texas Higher Education Coordinating Board proposes new §§5.1
- 5.7, concerning academic policies affecting public universities and/or health-related
institutions (General Provisions). Specifically, these new sections replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
assemble in one chapter, renumber, and clarify current rules affecting public
universities and health-related institutions.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
The amendments affect Texas Education Code, §§61.002, 61.051,
51.807, 51.762(a), 61.074, 61.051(d), (j) and (e), and 61.055.
§5.1.Purpose.
This subchapter establishes rules on a variety of topics that apply
exclusively to public universities and/or health-related institutions.
§5.2.Authority.
Unless otherwise noted in a section, the authority for these provisions
is provided by Texas Education Code §61.051 which describes the Board's
role in coordinating higher education in Texas.
§5.3.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)
Health-related institution--a medical or dental unit as
defined by the Texas Education Code, §61.003(5).
(4)
Public university--a general academic teaching institution
as defined by the Texas Education Code, §61.003(3).
(5)
Degree program--any grouping of subject matter courses
which, when satisfactorily completed by a student, shall entitle the student
to a degree from an institution of higher education.
(6)
Support area--a grouping of courses for which an institution
does not have degree authority. The number of courses in a support area is
limited to fewer than would provide a degree program in that specialty at
that level. Support areas may include a single discipline, a subcategory of
an approved degree program, or a component of a multi-disciplinary specialty.
(A)
A variety of terms for subject matter course groupings,
such as concentration, track, option, emphasis, specialization, and major
are commonly used by institutions. The Coordinating Board does not have formal
definitions for these terms, which vary in usage among institutions.
(B)
Despite various terminologies, the Board considers subject
matter course groupings to be degree programs if such groupings are substantially
the same as those for a degree in a similar discipline at the institution
or in the same discipline specialty (as identified by Texas CIP classification)
at similar institutions.
(7)
Degree title--name of the degree and discipline under which
one or more degree programs may be offered. A degree title usually consists
of the degree designation (e.g., Bachelor of Science, Master of Arts) and
the discipline specialty (e.g., History, Psychology).
§5.4.Time Limit on Implementing New Programs or Administrative Changes Approved by the Board or the Commissioner.
(a)
Staff recommendations on new programs or administrative
changes requested by institutions are based on information available at the
time recommendations are made; beyond a reasonable period of time, those recommendations
may become less valid and Board actions, therefore, less appropriate and/or
responsive to the needs of the state and its regions.
(b)
Unless otherwise stipulated at the time of approval, if
new degree programs approved by the Board or Commissioner are not established
within two years of approval, that approval is no longer valid.
(c)
Unless otherwise stipulated at the time of approval, if
administrative changes approved by the Board or Commissioner are not implemented
within two years of approval, that approval is no longer valid.
(d)
Provisions of this section apply to general academic institutions
and health-related institutions.
§5.5.Uniform Admission Policy.
(a)
Each public university shall admit first-time freshmen
students for each semester in accordance with Texas Education Code, §§51.801
- 51.809.
(b)
All applicants from Texas schools accredited by a generally
recognized accrediting agency and who graduate in the top 10 percent of their
high school class shall be admitted to a general academic institution if the
student meets the following conditions:
(1)
The student graduated from high school within the two years
prior to the academic year for which the student is applying, and;
(2)
The student submitted a complete application as defined
by the institution before the expiration of the institution's established
deadline.
(c)
All applicants from high schools operated by the United
States Department of Defense and who graduate in the top 10 percent of their
high school class shall be admitted to a general academic institution if the
student meets the following conditions:
(1)
The student graduated from high school within the two years
prior to the academic year for which the student is applying;
(2)
The student is a Texas resident as defined in Texas Education
Code, §54.052 or is entitled to pay tuition and fees at the rate provided
for Texas residents for the term or semester to which the student is admitted;
and
(3)
The student submitted a complete application as defined
by the institution before the expiration of the institution's established
deadline.
(d)
High school rank for students seeking automatic admission
to a general academic teaching institution on the basis of their class rank
is determined and reported as follows:
(1)
Class rank shall be based on the end of the 11th grade,
middle of the 12th grade, or at high school graduation, whichever is most
recent at the application deadline.
(2)
The top 10 percent of a high school class shall not contain
more than 10 percent of the total class size.
(3)
The student's rank shall be reported by the applicant's
high school or school district as a specific number out of a specific number
total class size.
(4)
Class rank shall be determined by the school or school
district from which the student graduated or is expected to graduate.
(e)
A general academic teaching institution may limit the number
of students admitted under this section if the number of applicants eligible
and applying for admission to the institution under this section exceeds by
more than 10 percent the average number of first-time freshmen admitted the
previous two academic years. If an institution chooses to limit the number
of students admitted under this section, it must ensure that:
(1)
At least 97 percent of first-time freshmen admitted are
in the top 10 percent of their high school class and;
(2)
Clear guidelines are established for the selection of students
based on one or a specified combination of the following methods:
(A)
A lottery in which all students qualified for automatic
admission have an equal chance for selection;
(B)
Students are selected on a first-come, first-admitted basis
following receipt of a complete application; or
(C)
At least four or more criteria identified in Texas Education
Code, §51.805 are used to select students admitted.
(f)
Each general academic teaching institution shall annually
report to the Board the composition of the entering class of first-time freshmen
students admitted under this section. The report shall include a demographic
breakdown of the class including race, ethnicity, and economic status. Each
general academic teaching institution shall provide this report to the Board
annually on or before a date set by the Board.
§5.6.Common Admission Application.
(a)
A common application form for freshman and undergraduate
transfer applications is hereby adopted by the Board pursuant to Texas Education
Code, §51.762. The form is adopted in both a printed format and in an
electronic format. The Board, with the assistance of an advisory committee
composed of representatives of general academic teaching institutions, shall
review the form and recommend any changes for subsequent academic years.
(b)
A general academic teaching institution as defined in Texas
Education Code, §61.003, must accept freshman applications using the
common admission application form beginning with applications for admission
for the 1999 - 2000 academic year. Institutions must accept freshman and undergraduate
transfer applications using the common electronic admission application form
beginning with applicants for admission for the 1999 - 2000 academic year.
(c)
Each institution shall collect information regarding gender,
race/ethnicity, and date of birth as part of the application process and report
this information to the Board.
(d)
The Board shall ensure that copies of the freshman common
admission application form and information for its use are available for distribution
to appropriate personnel at each public high school. The Board shall work
with institutions and high schools to ensure that all high schools have access
to either the printed or electronic common application form. A general academic
teaching institution may charge a reasonable fee for the filing of a common
application form.
(e)
The Board shall enter into a memorandum of understanding
with a public institution of higher education to design and implement an electronic
common application system for use by the public in applying for admission
to Texas general academic teaching institutions and for distribution of the
electronic application system to the university(s) designated by the applicant.
After the system is implemented, operating costs of the system shall be paid
for by participating institutions. Each institution shall pay a portion of
the cost based on the percentage of their enrollment compared to the total
statewide public higher education enrollment based on the previous year's
certified enrollment data. The Board shall monitor the cost of the system
and notify the institutions on an annual basis of their share of the cost.
Billings for the services for the coming year shall be calculated and sent
to the institutions in December and payments must be received by September
1.
§5.7.Uniform Grade-Point Calculation for Admission to Graduate and Professional Schools.
Procedures for calculating the grade-point average for students seeking
admission to a graduate or post-baccalaureate professional school of an institution
of higher education shall be as follows:
(1)
Only official transcripts from accredited institutions
of higher education shall be accepted by the graduate and professional schools
of an institution of higher education for evaluation and grade-point calculation.
(2)
All academic work undertaken and grades or symbols assigned
at each institution shall be reflected on the student's official transcript(s).
No student's grade may be expunged from his or her record.
(3)
All grades assigned for academic course work shall be used
in calculating the grade-point average, except that an institution may base
the calculation on the last 60 semester credit hours (or equivalent) of undergraduate
work and any previous work in a graduate or professional school.
(4)
A four-point scale shall be used in computing the grade
point average (e.g.: A, 4 points per semester hour; B, 3.0; C, 2.0; D, 1.0;
F, 0.0).
(5)
A grade or symbol indicating failure (i.e.: F, WF, NC,
or in a pass/fail system, FL equals F) shall count as hours undertaken, but
no grade points shall be earned.
(6)
Excluded from the grade-point average shall be any credit
by examination (CR); Quit (Q); Withdrew (W); Withdrew Passing (WP); Incomplete
(I or X); and a pass grade within a pass/fail system.
(7)
The grade-point average shall be computed by multiplying
each grade point (see paragraphs (4) and (5) of this section) by the semester
or quarter credit hours earned per course and totaling the products. The semester
or quarter hours of courses undertaken shall then be totaled. The total of
the products shall be divided by the total semester or quarter hours. The
result is to be calculated to the hundredth place, giving the official cumulative
grade-point average.
(8)
Academic work at foreign colleges, universities, or preparatory
schools shall be excluded from the calculation. In such cases, the grade-point
average and credit shall be evaluated and computed as determined by the graduate
or professional school to which the student is applying.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301045
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.21 - 5.26
The Texas Higher Education Coordinating Board proposes new §§5.21
- 5.26, concerning academic policies affecting public universities and/or
health-related institutions (Role and Mission, Tables of Programs, Course
Inventories). Specifically, these new sections replace existing sections which
are contemporaneously proposed for repeal in this issue of the
Texas Register
. The new sections assemble in one chapter, renumber,
and clarify current rules affecting public universities and health-related
institutions.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
The new rules affect Texas Education Code, §§61.002, 61.051,
51.807, 51.762(a), 61.074, 61.051(d), (e), and (j), and 61.055.
§5.21.Purpose.
The purpose of this subchapter is to implement rules regarding the
development of the role and mission for each public institution of higher
education in Texas and for periodic review of the role and mission statements,
the table of programs, and all degree and certificate programs offered by
a public institution of higher education.
§5.22.Authority.
The authority for this subchapter is found in Texas Education Code, §61.002(a)
and (b) and Texas Education Code, §61.051(d) and (e).
§5.23.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Authority or Planning Authority--permission from the State
of Texas to plan or offer degree programs in a given disciplinary area at
a given level of instruction. The Table of Programs, defined in paragraph
(9) of this section, prescribes the academic areas and levels that are approved
by the Board as being appropriate for an institution's existing role and mission.
(2)
Board--The Texas Higher Education Coordinating Board.
(3)
Commissioner--The Commissioner of Higher Education.
(4)
Mission Statement--A narrative description of the general
mission of each institution prepared by the institution and approved by its
Board of Regents and the Board. The statement should address the fundamental
purpose of the institution with respect to its teaching, research, and public
service responsibilities. The institution's special concerns for quality and
access, liberal arts, admissions, career-oriented programming, extension and
articulation with community colleges and public schools, traditional and nontraditional
education, and similar issues also may be described. The mission statement
must be consistent with the approved Table of Programs and any statutory mission
description.
(5)
Organized classes--Classes whose primary mode of instruction
is lecture, laboratory, or seminar.
(6)
Program Inventory--The official list of all approved degree
and certificate programs approved for a public university or health-related
institution.
(7)
Role and Mission or Role and Scope--Equivalent phrases
used to refer to the overall purpose of an institution, including its role
within the overall system of Texas higher education. The Board-approved role
and mission documents for a university or health-related institution are its
Mission Statement and Table of Programs.
(8)
Small classes--Undergraduate level classes with less than
10 registrations, and graduate level classes with less than five registrations.
(9)
Table of Programs--A table that describes the range of
degree and certificate programs currently authorized for an institution using
the Texas-CIP classification system. For each category and degree program
level, authorization shall be designated by a code. The codes shall indicate
whether or not degree programs in a particular subject matter category have
been approved for the institution and whether or not they fall within its
approved mission.
(10)
Texas CIP Classification System--The Texas adaptation
of the Classification of Instructional Programs taxonomy developed by the
National Center for Education Statistics and used nationally to classify instructional
programs and report educational data.
(11)
Statutory mission description--A statement of an institution's
mission or purpose that is established directly in statute.
§5.24.Criteria and Approval of Mission Statements and Tables of Programs.
(a)
Criteria. In reviewing request for additions to the program
authority of an institution, the Board shall consider:
(1)
the demonstrated need for a future program in terms of
present and future vocational needs of the state and the nation,
(2)
whether the proposed addition would complement and strengthen
existing programs at the institution,
(3)
whether a future program would unnecessarily duplicate
other programs within the region, state, or nation, and
(4)
whether a critical mass of students and faculty is likely
to be available to allow the program to be offered at a high level of quality
and to become self-sufficient on the basis of state funding.
(b)
Review and Approval Process.
(1)
As provided by Texas Education Code, §61.051(e), at
least every four years the Board shall review the role and mission statements,
the table of programs and all degree and certificate programs offered by each
public senior university. The review shall include the participation of the
institution's board of regents.
(2)
The review process shall be determined by the Commissioner,
but shall include a review of low-producing degree programs at the institution.
(3)
The Board shall approve or re-approve the mission statement
and table of programs of each institution following the review described in
paragraph (1) of this subsection. Each institution shall be given an opportunity
to be heard by the Board about these matters.
(4)
After approval or re-approval, requests for new programs
and administrative changes shall be considered in the context of the approved
role and mission for the institution.
(5)
An institution may request an amendment to its authorized
role and mission at any time circumstances warrant.
(6)
The Commissioner may approve minor changes to the mission
statement or table of programs of an institution during the period between
the four-year reviews.
§5.25.Course Approvals at Public Universities.
(a)
Under the provisions of Texas Education Code, §61.052(a)
and (b), institutions shall report its course offerings and changes to its
course offerings following procedures established by the Commissioner.
(b)
Institutions may not offer courses at levels or in programs
not approved by the Board,
(c)
The Commissioner may order the deletion or consolidation
of any courses so submitted after giving due notice with reasons for that
action and after providing a hearing if one is requested by the governing
board of the institution.
§5.26.Offering of Small Classes by Public Universities.
In accordance with Texas Education Code, §51.403(d), public universities
may offer organized small classes which:
(1)
have been approved by the governing board of the university;
(2)
is a required course for graduation (the course is not
offered each semester or term, and, if canceled, may affect the date of graduation
of those enrolled);
(3)
is a required course for majors in this field and should
be completed this semester (or term) to keep proper sequence in courses;
(4)
is a course in a newly established degree program, concentration,
or support area;
(5)
is part of an interdepartmental (cross-listed) course taught
as a single class by the same faculty at the same station, provided that the
combined enrollments do not constitute a small class;
(6)
is a first-time offering of the course;
(7)
is class size-limited by accreditation or state licensing
standards;
(8)
is class size-limited by availability of laboratory or
clinical facilities; or
(9)
is voluntarily offered by a faculty member in excess of
the institutional teaching load requirement and for which the faculty member
receives no additional compensation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301046
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.41 - 5.50
The Texas Higher Education Coordinating Board proposes new §§5.41
- 5.50, concerning academic policies affecting public universities and/or
health-related institutions (Approval of New Academic Programs and Administrative
Changes at Public Universities and/or Health-Related Institutions). Specifically,
these new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the Texas Register. The new sections assemble
in one chapter, renumber, and clarify current rules affecting public universities
and health-related institutions. The proposed sections in this chapter primarily
represent a consolidation of existing rules concerning the approval of new
academic programs and administrative changes. Section 5.43 includes some new
definitions. Section 5.45 consolidates into one section previously separate
approval criteria for bachelor's and master's programs. Section 5.46 includes
slightly more detailed criteria than previous rules to help institutions better
prepare high quality doctoral programs. The new §5.48 describes the process
by which certificate programs will be approved at universities and health-related
institutions and clarifies which kinds of certificates do not need board approval
or require notification only. Section 5.49, the Board's policy on certification
of adequacy of financing, has been moved here from elsewhere in rules to be
more accessible to institutions planning new programs. Section 5.50 has been
modified to allow the Commissioner to approve minor changes to an institution's
table of programs. This section also contains a change that would allow the
Commissioner to approve programs with new five-year costs of less than $2
million. The previous limit was $1 million.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
The new rules affect Texas Education Code, §§61.002, 61.051,
51.807, 51.762(a), 61.074, 61.051(d), (e), and (j), and 61.055.
§5.41.Purpose.
The purpose of this subchapter is to describe the criteria and approval
processes for degree and certificate programs and for administrative changes
involving academic units.
§5.42.Authority.
Texas Education Code, §61.051(e) provides that no new department,
school, degree program, or certificate program may be added at any public
institution of higher education except with specific prior approval of the
Board. Texas Education Code, §61.055 requires a written certification
of adequate financing be made before the Board approves any new department,
school, or degree or certificate program.
§5.43.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Academic administrative unit--A department, college, school,
or other unit at a university or health-related institution, which has administrative
authority over degree or certificate programs.
(2)
Administrative change request--A request that involves
the creation of or changes to an academic administrative unit at a university
or health-related institution.
(3)
Board--The Texas Higher Education Coordinating Board.
(4)
Commissioner--The Commissioner of Higher Education.
(5)
Certificate Program--Any grouping of subject-matter courses
which, when satisfactorily completed by a student, shall entitle him to a
certificate or documentary evidence, other than a degree, of completion of
a post-secondary course of study at a university or health-related institution.
(6)
Degree program--Any grouping of subject matter courses
which, when satisfactorily completed by a student, shall entitle him or her
to a degree from a public university or health-related institution.
(7)
Graduate-level certificate program--A certificate program
at a university or health-related institution that consists primarily of graduate-level
courses.
(8)
Lower-division degree or certificate program--A degree
or certificate program offered at a university or health-related institution
that consists of lower-division courses and is equivalent to a program offered
at a community or technical college.
(9)
Upper-division certificate program--A certificate program
at a university or health-related institution that consists primarily of upper-division
undergraduate courses.
§5.44.Presentation of Requests and Steps for Implementation.
(a)
Requests for new degree programs, certificate programs,
and administrative units shall be made following procedures specified by the
Commissioner.
(b)
Requests for new degree and certificate programs and for
administrative changes require:
(1)
Approval by the Board of planning authority, if needed
prior to Board consideration;
(2)
Approval by the governing board of the institution concerned;
(3)
Certification of adequate funding by the institution; and
(4)
Final approval by the Board, or by the Commissioner if
permitted under §5.50 of this title (relating to Approvals by the Commissioner).
§5.45.Criteria for New Baccalaureate and Master's Degree Programs.
New baccalaureate and master's degree programs must meet all of the
following criteria:
(1)
Role and mission. The program must be within the existing
role and mission of the institution as indicated by its table of programs
or the Board must make the determination that the program is appropriate for
the mission of the institution.
(2)
Unnecessary duplication. The program must not unnecessarily
duplicate a program at another institution serving the same regional population.
The offering of basic liberal arts and sciences courses and degree programs
in public senior institutions is not considered unnecessary duplication.
(3)
Faculty resources. Faculty resources must be adequate to
provide high program quality. With few exceptions, the master's degree should
be the minimum educational attainment for faculty teaching in baccalaureate
programs. In most disciplines, the doctorate should be the minimum educational
attainment for faculty teaching in graduate programs. Faculty should meet
the qualitative and quantitative criteria of the Southern Association of Colleges
and Schools, and the appropriate accrediting body, if a professional program.
There should be sufficient numbers of qualified faculty dedicated to a new
program. This number shall vary depending on the discipline, the nature of
the program, and the anticipated number of students.
(4)
Library and IT resources. Library and information technology
resources must be adequate for the program and meet the standards of the appropriate
accrediting agencies.
(5)
Facilities, equipment, and clinical placements. Facilities
and clinical placements must be adequate to initiate the program. Adequate
classroom and laboratory space, equipment, and office space should be available
for the proposed program. Arrangements for any essential clinical placements
should be made before program approval.
(6)
Curriculum design. The curriculum should be up-to-date
and consistent with current educational theory. Professional programs and
those resulting in licensure must be designed to meet the standards of appropriate
regulatory bodies.
(7)
Program administration. Administration of the program should
not be unduly cumbersome or costly. Ideally, the program should fit into the
current administrative structure of the institution. If administrative changes
are required, they should be consonant with the organization of the institution
as a whole and should necessitate a minimum of additional expense in terms
of personnel and office space.
(8)
Workforce need. There should be a demonstrated or well-documented
need for the program in terms of meeting present and future workforce needs
of the state and nation. There should be a ready job market for graduates
of the program, or alternatively, it should produce students for master's
or doctoral-level programs in fields in which there is a demonstrated need
for professionals.
(9)
Critical mass of students. In addition to a demonstrated
workforce need, a critical mass of qualified students must be available to
enter the program and there must be evidence that the program is likely to
have sufficient enrollments to support the program into the future. The size
of an institution, the characteristics of its existing student body, and enrollments
in existing programs should be taken into account when determining whether
a critical mass of students shall be available for a proposed new program.
(10)
Adequate financing. There should be adequate financing
available to initiate the program without reducing funds for existing programs
or weakening them in any way. After the start-up period, the program must
be able to generate sufficient semester credit hours under funding formulas
to pay faculty salaries, departmental operating costs, and instructional administration
costs for the program. Three years should be sufficient time for the program
to meet these costs through semester credit hour production. If the state
funding formulas are not meeting these costs for the program after three years,
the institution and the Board should review the program with a view to discontinuance.
§5.46.Criteria for New Doctoral Programs.
New doctoral programs must meet all of the following criteria:
(1)
Design of the Program. A doctoral-level program is designed
to prepare a graduate student for a lifetime of teaching creative activity,
research, or other professional activity. The administration and the faculty
of institutions initiating doctoral-level programs should exhibit an understanding
and commitment to the long tradition of excellence associated with the awarding
of the traditional doctorate degree and of the various doctoral-level professional
degrees.
(2)
Freedom of Inquiry and Expression. Doctoral programs must
be characterized by complete freedom of inquiry and expression.
(3)
Strong Programs at the Undergraduate and Master's Levels.
Doctoral programs, in most instances, should be undergirded by strong programs
in a wide number of disciplines at the undergraduate and master's levels.
Quality programs in other related and supporting doctoral areas must also
be available.
(4)
Need for the Program. There should be a demonstrated and
well-documented need for doctorally prepared professionals in the discipline
of the proposed program both in Texas and in the nation. It is the responsibility
of the institution requesting a doctoral program to demonstrate that such
a need exists, preferably through an analysis of national data showing the
number of PhD's being produced annually in the area and comparing that to
the numbers of professional job openings for PhD's in the discipline in question
as indicated by sources such as the main professional journal(s) of the discipline.
(5)
Faculty Resources. There must be a strong core of doctoral
faculty, at least four or five, holding the doctor of philosophy degree or
its equivalent from a variety of graduate schools of recognized reputation.
Professors and associate professors must be mature persons who have achieved
national or regional professional recognition. All core faculty must be currently
engaged in productive research, and preferably have published the results
of such research in the main professional journals of their discipline. They
should come from a variety of academic backgrounds and have complementary
areas of specialization within their field. Some should have experience directing
doctoral dissertations. Collectively, the core of doctoral faculty should
guarantee a high quality doctoral program with the potential to attain national
prominence. The core faculty members should already be in the employ of the
institution. Proposed recruitment of such faculty shall not meet this criterion.
No authorized doctoral program shall be initiated until qualified faculty
are active members of the department through which the program is offered.
(6)
Teaching Loads of Faculty. Teaching loads of faculty in
the doctoral program should not exceed two or three courses per term, and
it must be recognized that some of these shall be advanced courses and seminars
with low enrollments. Adequate funds should be available for attendance and
participation in professional meetings and for travel and research necessary
for continuing professional development.
(7)
Critical Mass of Superior Students. Admission standards
and enrollment expectations must guarantee a critical mass of superior students.
The program must not result in such a high ratio of doctoral students to faculty
as to make individual guidance prohibitive.
(8)
On-Campus Residency Expectations.
(A)
Institutions which offer doctoral degrees must provide
through each doctoral program:
(i)
significant, sustained, and regular interaction between
faculty and students and among students themselves;
(ii)
opportunities to access and engage in depth a wide variety
of educational resources related to the degree program and associated fields;
(iii)
opportunities for significant exchange of knowledge with
the academic community;
(iv)
opportunities to broaden educational and cultural perspectives;
and
(v)
opportunities to mentor and evaluate students in depth.
(B)
Institutions are traditionally expected to meet these provisions
through substantial on-campus residency requirements. Proposals to meet them
in other, non-traditional ways (e.g., to enable distant delivery of a doctoral
program) must provide persuasive and thorough documentation as to how each
provision would be met and evaluated for the particular program and its students.
Delivery of doctoral programs through distance education and/or off-campus
instruction requires prior approval of the Board as specified in §4.104(c)(3)
of this title (relating to Approval of Distance Education and Off-Campus Instruction
for Public Colleges and Universities).
(9)
Adequate Financial Assistance for Doctoral Students. There
should be adequate financial assistance for doctoral students so as to assure
that most of them can be engaged in full-time study. Initially, funds for
financial assistance to the doctoral students usually must come from institutional
sources. As the program develops and achieves distinction, it increasingly
shall attract support from government, industry, foundations, and other sources.
(10)
Carefully Planned Program of Study. There should be a
carefully planned and systematic program of study and a degree plan which
is clear, comprehensive, and generally uniform but which permits sufficient
flexibility to meet the legitimate professional interests and special needs
of doctoral-level degree candidates. There should be a logical sequence of
stages by which degree requirements shall be fulfilled. The plan should require
both specialization and breadth of education, with rules for the distribution
of study to achieve both, including interdisciplinary programs if indicated.
The plan should include a research dissertation or equivalent requirements
to be judged by the doctoral faculty on the basis of quality rather than length.
(11)
Physical Facilities. There should be an adequate physical
plant for the program. An adequate plant would include reasonably located
office space for the faculty, teaching assistants, and administrative and
technical support staff; seminar rooms; laboratories, computer and electronic
resources; and other appropriate facilities.
(12)
Library Resources. There should be an adequate library
for the proposed program. Library resources should be strong not only in the
doctoral program field but also in related and supporting fields.
(13)
Program Evaluation Standards. Proposed programs should
meet the standards of the Southern Association of Colleges and Schools, and
the accrediting standards and doctoral program criteria of appropriate professional
groups and organizations, such as the Council of Graduate Schools in the United
States, the Modern Language Association, the American Historical Association,
the Accreditation Board for Engineering and Technology or other bodies relevant
to the particular discipline. Out-of-state consultants may be used by the
institution or the Board to assist in evaluating the quality of a proposed
doctoral level program.
(14)
First Doctoral Program. When an institution has not previously
offered doctoral level work, notification to the executive secretary of the
Commission on Colleges, Southern Association of Colleges and Schools, is required
at least one year in advance of program implementation.
§5.47.Criteria for Administrative Change Requests.
(a)
The administrative overhead of universities and health-related
institutions should be kept low to insure that most of the funds appropriated
for higher education go toward the costs of instruction.
(b)
The administrative costs of new academic units, particularly
colleges and schools, should not be so high as to detract from the quality
of the programs the administrative unit contains.
§5.48.Criteria for Certificate Programs at Universities and Health-Related Institutions.
(a)
Universities and health-related institutions are encouraged
to develop upper-division and graduate certificate programs of less than degree
length to meet the needs of students and the workforce. These rules are intended
to provide a streamlined process for approval of those programs.
(b)
Certificate programs for which no academic credit is granted
are exempt from the provisions of this section.
(c)
Certificate programs for which academic credit is granted
at universities and health-related institutions must meet the following criteria:
(1)
They must meet identified workforce needs or provide the
student with skills and/or knowledge that shall be useful for their lives
or careers.
(2)
They must be consistent with the standards of the Commission
on Colleges of the Southern Association of Colleges and Schools.
(3)
They must meet the standards of all relevant state agencies
or licensing bodies which have oversight over the certificate program or graduate.
(4)
Adequate financing must be available to cover all new costs
to the institution five years after the implementation of the program.
(d)
The following certificate programs do not require Board
approval:
(1)
certificate programs for which no collegiate academic credit
is given,
(2)
certificate programs in areas and at levels authorized
by the table of programs of the institution with curricula of the following
length:
(A)
at the undergraduate level--of 20 semester credit hours
or less,
(B)
at the graduate and professional level--of 14 semester
credit hours or less.
(e)
The following certificate programs require only Board notification
and are automatically approved, subject to review:
(1)
upper-level undergraduate certificates of 21-36 hours in
disciplinary areas where the institution already offers an undergraduate degree
program.
(2)
graduate-level and professional certificates of 15-29 hours
in disciplinary areas where the institution already offers a graduate program
at the same level as the certificate.
(f)
Lower-division certificate programs.
(1)
One and two-year, post-secondary workforce education programs
should be delivered primarily by community, state, and technical colleges.
These institutions are uniquely suited by virtue of their specialized mission,
local governance, and student support services to provide such opportunities
in an efficient and economical manner. For that reason, new lower-division
certification programs shall not generally be approved at public universities
and health-related institutions.
(2)
Universities and health-related institutions should not
develop certificate programs at the upper or graduate level that are equivalent
to lower-division certificate programs offered at community, state, and technical
colleges.
§5.49.Certification of Adequacy of Financing for New Academic Programs and Administrative Changes.
(a)
Under Texas Education Code, §61.055, each request
submitted to the Board for a new department, school, degree or certificate
program or administrative change shall be accompanied by a statement regarding
the adequacy of funding from the chief executive officer of the requesting
institution.
(b)
When submitting documentation of costs and sources of funds,
sources of funds shall be identified on forms provided by the Division of
Universities and Health-Related Institutions as:
(1)
Specific legislative appropriations, where such appropriations
can be clearly identified as being appropriated to start a new program for
which funds from other sources are not available;
(2)
Funds allocated by the Board;
(3)
Re-allocated funds (funds appropriated by the Legislature
for an existing academic program but which are now declared by the institution
to be available for the new degree program).
(4)
Other funds provided by the Legislature;
(5)
Anticipated formula funding to be generated by anticipated
new enrollments in the program; and/or
(6)
Funds from other sources (e.g., gifts, grants, etc.). The
specific source of such funds shall be identified, the reasons for their availability
shall be stated, and the length of time such funds shall be available shall
be indicated.
(b)
The request for a new department, school, degree or certificate
program, or administrative change shall also include a statement by the chief
executive officer of the requesting institution certifying that the requested
program or change shall not reduce the effectiveness or quality of existing
programs, departments or schools.
§5.50.Approvals by the Commissioner.
(a)
The Commissioner may approve proposals from the public
universities and health-related institutions for new baccalaureate or master's
degree programs and academic administrative change requests, and, in very
limited circumstances, new doctoral programs, on behalf of the Board in accordance
with the procedures and criteria specified in this section.
(b)
To be approved by the Commissioner, a proposal for a new
degree program must include certification in writing from the Board of Regents
of a proposing institution, in a form prescribed by the Commissioner, that
the following criteria have been met:
(1)
The proposed degree program is within the Table of Programs
previously approved by the Board for the requesting institution.
(2)
The curriculum, faculty, resources, support services, and
other components of a proposed degree program are comparable to those of high
quality programs in the same or similar disciplines offered by other institutions.
(3)
Clinical or in-service placements, if applicable, have
been identified in sufficient number and breadth to support the proposed program.
(4)
The program is designed to be consistent with the standards
of the Commission on Colleges of the Southern Association of Colleges and
Schools, and with the standards of other applicable accrediting agencies;
and is in compliance with appropriate licensing authority requirements.
(5)
The institution has provided credible evidence of long-term
student interest and job-market needs for graduates; or, if proposed by a
university, the program is appropriate for the development of a well-rounded
array of basic baccalaureate degree programs at the institution where the
principal faculty and other resources are already in place to support other
approved programs and/or the general core curriculum requirements for all
undergraduate students.
(6)
The program would not be unnecessarily duplicative of existing
programs at other institutions.
(7)
Implementation and operation of the program would not be
dependent on future Special Item funding.
(8)
New costs to the institution over the first five years
after implementation of the program would not exceed $2,000,000.
(c)
In addition to the requirements listed in subsections (a)
and (b) of this section, a new doctoral program may only be approved by the
Commissioner if:
(1)
the institution already offers a doctoral program or programs
in a closely related disciplinary area,
(2)
those existing doctoral programs are productive and offered
at a high level of quality,
(3)
the core faculty for the proposed program are already active
and productive faculty in an existing doctoral program at the institution,
(4)
no other university or health-related institution objects
to the program during the 30-day comment period during which the request is
posted on the web, and
(5)
there is a very strong link between the program and workforce
needs or the economic development of the state.
(d)
A proposal for a new degree program or administrative change
must include a statement from the institution's chief executive officer certifying
adequate financing and explaining the sources of funding to support the first
five years of operation of the program or administrative change.
(e)
If a proposal meets the criteria specified in this section,
the Commissioner may either approve it or forward it to the Board for consideration
at an appropriate quarterly meeting.
(f)
If a proposal does not meet the criteria specified in this
section, the Commissioner may deny approval or forward it to the Board for
consideration at an appropriate quarterly meeting. Institutions may appeal
the Commissioner's decision to deny approval to the Board.
(g)
If a proposed program is the subject of an unresolved grievance
or dispute between institutions, the Commissioner must forward it to the Board
for consideration at an appropriate quarterly meeting.
(h)
At the beginning of each month, the Commissioner shall
make available to the public universities, health-related institutions, community/technical
colleges, and Independent Colleges of Texas, Inc. a list of all pending proposals
for new degree programs and administrative changes. If an institution wishes
to provide the Commissioner information supporting a concern it has about
the approval of a pending proposal for a new degree program at another institution,
it must do so within one month of the initial listing of the proposal, and
it must also forward the information to the proposing institution.
(i)
Each quarter, the Commissioner shall send a list of his
approvals and disapprovals under this section to Board members. A list of
the approvals and disapprovals shall also be attached to the minutes of the
next quarterly Board meeting.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301047
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.71 - 5.74, 5.76, 5.78
The Texas Higher Education Coordinating Board proposes new §§5.71
- 5.74, 5.76, 5.78, concerning academic policies affecting public universities
and/or health-related institutions (Operation of Off-Campus Educational Units
of Public Senior Colleges, Universities and Health-Related Institutions. Specifically,
these new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current rules
affecting public universities and health-related institutions. Over time,
rules have been developed with definitions and procedures for different types
of off-campus educational units. These differences make unnecessary and confusing
distinctions between types of off-campus educational units. A consolidation
of off-campus education unit rules is proposed to clarify Board requirements
and is the result of a complete review, rewriting, and restructuring of current
Board rules affecting these units. The proposed new rules retain and make
more explicit the special nature of the supply/demand pathway concept; combine
rules dealing with specific types of off-campus units into a single listing
for all types; remove from the rules and place in Board policies procedural
statements on the application process and timeline for establishment of off-campus
educational units; and require approval of the Board for classification of
certain types of off-campus educational units and for specific designation
of whether a unit is on the supply/demand pathway model.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
Texas Education Code, §§61.002, 61.051, 51.807, 51.762(a), 61.074,
61.051(d), (e), and (j), and 61.055.
§5.71.Purpose.
The provisions of this subchapter define off-campus educational units,
establish criteria and procedures applicable to the classification, authorization,
operation, and reclassification of these units and establish the supply/demand
pathway as a developmental approach to providing access which allows for the
gradual increase of resources as demand grows. The provisions of this subchapter
are applicable to all units of public senior colleges, universities or health-related
institutions which offer instruction for credit but are geographically separate
from their institutions' main campuses.
§5.72.Authority.
The authority for this subchapter is Texas Education Code, §61.051(j).
§5.73.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)
FICE--identification number assigned to each institution
by the Federal Interagency Committee on Education for reporting and other
purposes.
(4)
FTSE--the full-time student equivalent is determined by
dividing the number of semester credit hours (SCH) generated at each level
by a full-time standard for the level. For example: undergraduate SCH are
divided by 15 (fall or spring semester) or 30 (annual); master's or first-professional
SCH are divided by 12 (fall or spring semester) or 24 (annual); and doctoral
SCH are divided by 9 (fall or spring semester) or 18 (annual).
(5)
Higher education teaching site--A teaching location at
which one or several degree programs are offered on a regular basis. Teaching
site does not refer to locations where program(s) are offered to cohorts only.
(6)
Multi-Institution Teaching Center (MITC)--An education
center administered under a formal agreement between two or more public higher
education institutions. It may also involve one or more private institutions.
(7)
Off-campus educational unit--a subdivision under the management
and control of an existing public university, university system, health-related
institution or a combination of these units, hereinafter referred to as the
parent institution(s) in a geographic setting separate from the parent institution(s).
(8)
Parent institution--The general academic institution or
health-related institution that offers its courses, programs or training at
an off-campus educational unit. Credit hours are reported by the parent institution
and degrees are awarded in the name of the parent institution.
(9)
Pathway Education Center--An off-campus educational unit
that is on the Supply/Demand Pathway.
(10)
Regional Academic Health Center--A special purpose campus
of parent health-related institution(s) that may be used to provide undergraduate
clinical education, graduate education, including residency training programs,
or other levels of medical education in specifically identified counties.
(11)
Supply/Demand Pathway--The Supply/Demand Pathway is a
developmental approach to providing access which allows for the gradual increase
of resources as demand grows, operating under the principle of avoiding over-commitment
as well as under-commitment of state resources.
(12)
Texas CIP Classification System--The Texas adaptation
of the Classification of Instructional Programs taxonomy developed by the
National Center for Education Statistics and used nationally to classify instructional
programs and report educational data.
(13)
University System Center--A higher education center administered
by a university system or individual institution in a system.
§5.74.Off-Campus Educational Units.
(a)
An off-campus educational unit exists for a specific purpose
which is directly related to the teaching of courses for academic credit from
the parent institution or for health professions' medical training. An off-campus
unit is not a separate general academic institution and therefore is not independent
as regards academic, administrative, and fiscal matters, but has varying degrees
of dependence upon the parent institution in such matters.
(b)
Types of Off-Campus Educational Units
(1)
Higher education teaching site--An educational site that
promotes access in an area not served by other public universities. It does
not entail a permanent commitment for continued service. It may not own facilities,
nor is it eligible for state support to acquire or build facilities. Teaching
sites do not require Board approval.
(2)
Higher education center--An educational location where
multiple degree programs are offered, but with minimal administration and
locally provided facilities. Includes MITCs, system centers, and single-institution
centers. Higher education centers must be established by the legislature or
approved by the Board.
(A)
Libraries shall be models of the effective use of technology
in libraries and depend heavily on the TexShare electronic resource sharing
efforts.
(B)
A higher education center shall be headed by a dean or
executive director as determined by the parent institution(s) or system. The
number of local administrators and faculty shall be less than that at a free
standing general academic institution of comparable size. Additional administrative
and academic program support shall be provided by both the parent institution
and the system.
(C)
A higher education center shall meet the Board's technology
standards.
(D)
A higher education center shall take full advantage of
technological advances that promise to improve quality of learning, access
to programs, and efficient use of existing resources. Libraries shall be models
of the effective use of technology in libraries and depend heavily on the
TexShare electronic resource sharing efforts.
(E)
Programs offered by the university system center's own
faculty should have average enrollments of at least 75 students.
(F)
Center name. The name to be used for a higher education
center must be approved by the Board, and may not be changed without prior
Board approval.
(G)
Discontinuance. Recognition of a higher education center
may be withdrawn by the Board.
(3)
Branch or special-purpose campus--A major, secondary location
of an institution offering multiple programs, usually with its own administrative
structure and usually headed by a Dean. Regional Academic Health Centers are
considered special-purpose campuses. They must be established by the Legislature.
§5.76.General Principles for Off-Campus Educational Units.
(a)
The purpose of off-campus educational units of all sizes
is to meet the education needs of the people of Texas with a level of service
that is appropriate for the area and cost effective to offer. Institutions
should not overcommit resources to a geographic area before a sufficient and
sustained level of demand is achieved.
(b)
The Commissioner shall establish policies concerning how
a location receives designation as a specific type of off-campus educational
unit and how to expand the types of educational activities.
(c)
Off-campus educational units are not intended to duplicate
the full array and types of offerings available at regular general academic
campuses. The intent is to:
(1)
Focus on teaching and on delivery of high demand courses
and programs.
(2)
Develop articulation agreements with community colleges
in the area for provision of lower-division courses.
(3)
Make extensive use of technology to limit the number of
faculty required for the location and take full advantage of technological
advances that promise to improve quality of learning, access to programs,
and efficient use of existing resources.
(4)
Use locally provided facilities, where possible. Except
where authorized by statute or the Board, nothing in these sections is to
be interpreted as permitting the acquisition by gift or purchase of real property
for the purpose of establishing or operating an off-campus subdivision.
(d)
Off-campus educational units shall adhere to quality and
approval criteria regarding courses, programs, student services and other
academic matters contained in §§4.101 - 4.108 of this title (relating
to Approval of Distance Education and Off-Campus Instruction for Public Colleges
and Universities) and in the Guidelines for Institutional Plans for Distance
Education and Off-Campus Instruction (Notification and Approval Procedures
for Distance Education and Off-Campus Programs and Courses and Guidelines
for Institutional Plans for Distance Education and Off-Campus Instruction
located in Board policies.)
(e)
An off-campus educational unit is financially dependent
upon its parent institution(s) and supported within the budget of the institution(s).
It is not eligible to request separate legislative funding. Semester credit
hours completed at the unit must be reported by the parent institution(s)
as off-campus courses and shall be funded as determined by the Legislature.
Formula generated funds earned at an off-campus educational unit are expected
to be applied to financing its operation.
(f)
The Board shall maintain a list of degree programs offered
at off-campus educational units.
(g)
Programs may be offered by and in the name of the parent
institution(s). No program may be offered at a teaching center that does not
have prior approval to be offered at the parent institution, except under
unusual and approved circumstances.
(h)
The parent institution must commit to providing a program
long enough for a student to have a reasonable opportunity to graduate before
the resource is withdrawn or to make other reasonable arrangements for students
to complete programs that they have started.
(i)
The majority of faculty members at an off-campus educational
unit must, by some means, have prior or continuing significant involvement
at the parent institution. Faculty must comply with the provision of §§4.101
- 4.108 of this title (relating to Approval of Distance Education and Off-Campus
Instruction for Public Colleges and Universities). They must be hired and
evaluated by the same processes and with the same criteria as faculty performing
similar duties at the parent institution. The parent institution should not
make a permanent commitment to these faculty.
(j)
Courses offered at off-campus educational units must be
reported separately and accurately in required Board reports.
§5.78.Supply/Demand Pathway.
(a)
The Board has developed the Supply/Demand Pathway as a
particular way to address anticipated large-scale enrollment demand in a specified
region. The Supply/Demand Pathway shall be used as the model to address higher
education needs in areas without ready geographic access to existing public
higher education institutions. The general principles set forth in §5.76
of this title (relating to General Principals for Off-Campus Educational Units)
are even more significant in regard to the larger scale efforts designated
as Supply/Demand Pathway initiatives.
(b)
An off-campus educational unit is on the "Pathway" when
it is awarded that designation by the Board.
(c)
The supply/demand pathway consists of three categories:
(1)
Category A. Institutions temporarily test the market both
in terms of demand and staying power by providing off-campus courses and/or
programs by one or more institutions. Should demand decrease or not materialize,
courses and programs can be discontinued and resources moved to areas of greater
demand.
(2)
Category B. As demand increases, offerings may be organized
through a multi-institution teaching center or as a university system center
as a Pathway Education Center. A group of institutions may request that the
Board authorize the establishment of a MITC. Alternatively, a university system
may request that the Board authorize the establishment of a university system
center. In either case, a lead institution should be designated to provide
leadership for the center and facilitate the provision of programs and resources
from other institutions.
(3)
Category C. After an entity in Category B has attained
a full-time equivalent upper-level and graduate enrollment of 3,500 for four
fall semesters, the parent institution(s) and Board(s) of Regents may request
that the Board review the status of the center and recommend that the Legislature
reclassify the unit as an upper-level general academic institution--a university.
Reclassification may be considered sooner if the center attains a fall semester
full-time equivalent enrollment of 3,500 followed the next fall semester by
a full-time equivalent enrollment of 4,000. The 3,500 FTSE standard approximates
the headcount enrollment included in the current university funding formula
as the minimum size needed to achieve economies of scale.
(d)
Reporting. Institutions will report enrollments at centers
on the pathway according to guidelines set up by the Commissioner. For the
purpose of establishing the need for a new institution of higher education
and meeting the enrollment threshold of 3,500 FTE students established in
subsection (c)(3) of this section, internet-based courses and other courses
offered in non-traditional formats that do not require the physical presence
of the student at the center for a normal number of contact hours will not
generally be counted. Exceptions to this general rule may be allowed if prior
agreements are made with the Commissioner, but such exceptions will generally
only be made for courses that are substantially supported from the center
and represent a significant on-going educational need that can most effectively
be served from the center.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2003.
TRD-200301048
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter A. FAMILY PRACTICE RESIDENCY PROGRAM
19 TAC §§6.1 - 6.10
The Texas Higher Education Coordinating Board proposes new §§6.1-6.10
, concerning certain health-related education and research programs (Family
Practice Residency Program). Specifically, these new sections would replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
reorganize and clarify the rules regarding the Family Practice Residency Program,
the Graduate Medical Education Program, and the Tobacco Settlement Funds Program.
Substantive changes to the Family Practice Residency Program and the Graduate
Medical Education Program include authorizing the Commissioner to make grant
awards and report to the Board these awards. Funding procedures are also established
for these programs. No substantive changes are made to the Tobacco Settlement
Funds Program.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years these
sections are effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 rules may be submitted to Marshall A. Hill, Texas
Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.503,
which provides the Board with the authority to adopt rules the Family Practice
Residency Program, Texas Education Code, §61.0594, which authorizes the
Board to administer the Graduate Medical Education Program, and Texas Education
Code, §§63.202(c) and 63.302(c), which provides the Board with the
authority to adopt rules for the Tobacco Settlement Funds Program.
The new rules affect Texas Education Code, §61.503, Texas Education
Code, §61.0594, and Texas Education Code §§63.202(c) and 63.302(c).
§6.1.Purpose.
The purpose of this subchapter is to implement rules regarding awards
to Texas medical schools, licensed hospitals, or nonprofit corporations under
the Family Practice Residency Program.
§6.2.Authority.
The authority for this subchapter is found in Texas Education Code, §§61.501
- 61.506.
§6.3.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)
Medical school--A public or independent medical institution
that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine
(D.O.) degree, as identified in Texas Education Code, Chapter 61.501(1).
(4)
Resident physician--A physician contractually obligated
to a Texas medical school, licensed hospital, or non-profit corporation to
receive residency education and training for a specified period of time.
(5)
Approved family practice residency program--a three-year
nationally accredited family practice residency program, as described in Texas
Education Code, 61.501(2).
§6.4.Types of Grants.
Medical schools, licensed hospitals, or nonprofit corporations that
sponsor a nationally accredited Family Practice Residency Program may apply
for one or more of the following grants: Family Practice Residency Operational
Grant, Support Grant, Rural Rotations Reimbursement Grant, and Public Health
Rotation Reimbursement Grant.
(1)
A Family Practice Residency Operational Grant is an annual,
renewable grant to support the educational activities of fully accredited
family practice residency programs.
(2)
A Support Grant is an annual, renewable grant to support
an ongoing statewide program to encourage research and leadership development
of faculty of Texas family practice residency programs.
(3)
A Rural Rotations Reimbursement Grant is a grant to reimburse
program costs, recognize participation, and encourage rural practice location
for resident physicians in training at nationally accredited Texas family
practice residency programs. Funding is provided to offset costs associated
with residents completing an optional one-month rotation in a rural setting
in Texas.
(4)
A Public Health Rotation Reimbursement Grant is a grant
to reimburse program costs, recognize participation, and encourage future
public health commitments for residents in training at nationally recognized
Texas family practice residency programs. Funding is provided to offset costs
associated with residents completing an optional one-month rotation in a public
health setting in Texas.
§6.5.Award of Family Practice Residency Grants.
The Commissioner shall award all Family Practice Residency Grants after
receiving the recommendations of the Family Practice Residency Advisory Committee.
The Commissioner shall annually report all awards to the Board.
§6.6.Review of Family Practice Residency Grant Applications.
Applications for Family Practice Residency Grants shall be reviewed
by the Family Practice Residency Advisory Committee for their viability and
their benefit to the state. Family Residency Programs must serve the needs
of the State of Texas in improving the distribution of health care delivery.
The Advisory Committee's review shall include the following:
(1)
The ability of the program to meet the requirements set
out in this Subchapter and all program guidelines;
(2)
Existing and anticipated costs and funding for currently
funded programs and new programs requesting funding;
(3)
The program's performance in:
(A)
improving the distribution of family physicians throughout
the state; and
(B)
providing care to medically underserved areas of Texas;
and
(C)
encouraging residents to practice in underserved rural
and inner-city areas of the state.
§6.7.Requirements for a Family Practice Residency Operational Grant.
To be considered for a Family Practice Residency Operational Grant,
a medical school, licensed hospital, or nonprofit corporation requesting an
Operational Grant must at a minimum:
(1)
Show that the residency program is accredited by the Accreditation
Council on Graduate Medical Education (ACGME) or the American Osteopathic
Association (AOA) as a family practice residency program;
(2)
Conform to Board criteria and financial reporting guidelines
for a Family Practice Residency Operational Grant;
(3)
Provide evidence that the residency program has been operational
for three or more academic years;
(4)
Document continuing local financial support for the program;
(5)
Document expenditures and revenue for the program to substantiate
funding needs; and
(6)
Submit annual progress reports on the training program
to the Coordinating Board that demonstrate the training program's efforts
to recruit residents likely to practice in underserved areas of the state
and the program's encouragement of residents to enter practice in underserved
areas of the state.
§6.8.Requirements for a Support Grant.
A Support Grant may be provided to a medical school, licensed hospital,
or nonprofit corporation to operate and maintain the Family Practice Faculty
Development Center. The Center may be supported through federal, state, and
other funds. To be considered for a Support Grant, a medical school, licensed
hospital, or nonprofit corporation must:
(1)
Conform to Board guidelines for Family Practice Residency
Support Grant Programs;
(2)
Give evidence that the program to be funded has been operational
for three or more academic years; and
(3)
Report on the expenditure of Support Grant funds in the
Annual Financial Report.
§6.9.Requirements for a Rural Rotation Reimbursement Grant.
To be reimbursed for a family practice resident's one-month rural rotation
in Texas, a Texas family practice residency program must:
(1)
Submit notification of a resident's intent to complete
a rural rotation, two-months prior to the beginning of the rotation;
(2)
Give evidence that the program sponsored a resident in
a rural rotation, which at the time of the rotation, conformed to Board rural
rotation guidelines;
(3)
Submit evaluations and request for funds upon completion
of the rural rotation;
(4)
Document expenditures for reimbursement in accordance with
Board guidelines; and
(5)
Report on receipt and expenditures to the Board and include
financial information on completed rural rotations on the Annual Financial
Report.
§6.10.Requirements for a Public Health Rotation Reimbursement Grant.
To be reimbursed for a family practice resident's one-month rotation
through a public health setting in Texas, a Texas family practice residency
program must:
(1)
Submit documentation showing that the program sponsored
a resident in a public health setting that met established Board guidelines;
(2)
Document expenditures for public health rotations to substantiate
the request for reimbursement in accordance with Board guidelines; and
(3)
Submit progress reports and financial reports on Public
Health Rotation Grants to the Board on an annual basis.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301001
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§6.51 - 6.56
The Texas Higher Education Coordinating Board proposes new §§6.51-6.56,
concerning certain health-related education and research programs (Graduate
Medical Education Program). Specifically, these new sections would replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
reorganize and clarify the rules regarding the Family Practice Residency Program,
the Graduate Medical Education Program, and the Tobacco Settlement Funds Program.
Substantive changes to the Family Practice Residency Program and the Graduate
Medical Education Program include authorizing the Commissioner to make grant
awards and report to the Board these awards. Funding procedures are also established
for these programs. No substantive changes are made to the Tobacco Settlement
Funds Program.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years these
sections are effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.503,
which provides the Board with the authority to adopt rules the Family Practice
Residency Program, Texas Education Code, §61.0594, which authorizes the
Board to administer the Graduate Medical Education Program, and Texas Education
Code, §§63.202(c) and 63.302(c), which provides the Board with the
authority to adopt rules for the Tobacco Settlement Funds Program.
The new rules affect Texas Education Code, §61.503, Texas Education
Code, §61.0594, and Texas Education Code §§63.202(c) and 63.302(c).
§6.51.Purpose.
The purpose of this subchapter is to implement rules for the allocation
of state funds to support appropriate graduate medical education programs
and activities for which adequate funds are not otherwise available; or to
foster new or expanded graduate medical education programs or activities that
the Board determines will address the state's needs for graduate medical education.
§6.52.Authority.
The authority for this subchapter is found in Texas Education Code, §61.0594.
§6.53.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)
Medical school--A public or independent medical institution
that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine
(D.O.) degree, as identified in Texas Education Code, Chapter 61.501(1).
(4)
Resident physician--A physician contractually obligated
to a Texas medical school, licensed hospital, or non-profit corporation to
receive residency education and training for a specified period of time.
§6.54.Advisory Committee.
The Board shall appoint an advisory committee to advise the Board and
the Commissioner regarding the development and administration of the program.
§6.55.Award of Graduate Medical Education Program Grants.
(a)
The Commissioner shall award all Graduate Education Program
Grants, after receiving the recommendations of the advisory committee. The
Commissioner shall annually report all awards to the Board.
(b)
Graduate Education Program Grants may be used only to cover
expenses related to the education of residents of the particular program or
activity for which the award is made in accordance with any conditions imposed
by the Board and may not otherwise be expended for the general support of
the institution or entity.
§6.56.Eligibility.
To receive a Graduate Medical Education grant or formula distribution,
an institution or other entity must:
(1)
incur the costs of faculty supervision and education or
the stipend costs of resident physicians in accredited clinical residency
training programs in this state. The Board will consider the costs incurred
by medical schools or other entities to support faculty responsible for the
education or supervision of resident physicians;
(2)
be a public medical school, licensed teaching hospitals,
or non-profit corporation operating a nationally accredited allopathic or
osteopathic residency programs;
(3)
provide evidence, at least annually, that the residency
program is accredited by the Accreditation Council on Graduate Medical Education
(ACGME) or the American Osteopathic Association (AOA);
(4)
meet the criteria and financial reporting guidelines for
a Graduate Medical Education grant or formula distribution as determined by
the advisory committee; and
(5)
provide evidence, at least annually, that the residency
program intends to provide continuing operational financial support.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301002
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§6.71 - 6.74
The Texas Higher Education Coordinating Board proposes new §§6.71-6.74,
concerning certain health-related education and research programs (Tobacco
Lawsuit Settlement Funds). Specifically, these new sections would replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
reorganize and clarify the rules regarding the Family Practice Residency Program,
the Graduate Medical Education Program, and the Tobacco Settlement Funds Program.
Substantive changes to the Family Practice Residency Program and the Graduate
Medical Education Program include authorizing the Commissioner to make grant
awards and report to the Board these awards. Funding procedures are also established
for these programs. No substantive changes are made to the Tobacco Settlement
Funds Program.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years these
sections are effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. 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 new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.503,
which provides the Board with the authority to adopt rules the Family Practice
Residency Program, Texas Education Code, §61.0594, which authorizes the
Board to administer the Graduate Medical Education Program, and Texas Education
Code, §§63.202(c) and 63.302(c), which provides the Board with the
authority to adopt rules for the Tobacco Settlement Funds Program.
The new rules affect Texas Education Code, §61.503, Texas Education
Code, §61.0594, and Texas Education Code §§63.202(c) and 63.302(c).
§6.71.Purpose and Authority.
The purpose of this subchapter is to describe the Board's criteria
and process for awarding grants with Tobacco Lawsuit Settlement funds under
two competitive grant programs: the Nursing, Allied Health and Other Health-related
Education Grant Program; and the Minority Health Research and Education Grant
Program. The Board is authorized to establish rules for these grant programs
under Texas Education Code §63.202 (c) and §63.302 (d).
§6.72.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.
§6.73.Nursing, Allied Health and Other Health-Related Education Grant Program.
(a)
General Information. The program, as it applies to this
section:
(1)
Name--Nursing, Allied Health and Other Health-related Education
Grant Program.
(2)
Purpose--To provide funding to eligible institutions of
higher education to establish or support academic instruction and training
programs on public health issues specific to nursing, allied health and other
health-related education.
(3)
Authority--Texas Education Code, §§63.201 - 63.203.
(4)
Eligible institutions--Public institutions of higher education
that offer upper-level academic instruction and training in the fields of
nursing, allied health, or other health-related education. Institutions or
components identified under Texas Education Code, §63.002 (c), and §§63.101
- 63.102 are not eligible to receive funding through the grant program.
(5)
Eligible programs--Nursing, allied health or other health-related
educational initiatives, including those that expand existing academic programs,
and develop other new or existing activities and projects, that are not funded
by state appropriation during the funding period.
(6)
Application requirements--Applications shall be submitted
to the Board in the format and at the time specified by the Board.
(7)
General Selection Criteria--Competitive. Designed to award
grants that provide the best overall value to the state. Selection criteria
shall be based on:
(A)
Program quality as determined by peer reviewers;
(B)
Impact the grant award shall have on academic instruction
and training in public health-related education in the state;
(C)
Cost of the proposed program; and
(D)
Other factors to be considered by the Board, including
financial ability to perform program, state and regional needs and priorities,
ability to continue program after grant period, and past performance.
(8)
Minimum award--$75,000 per award in any fiscal year.
(9)
Maximum award--15 percent of the estimated available funding
per award in any fiscal year.
(10)
Maximum award length--A program is eligible to receive
funding for two years within a fiscal biennium. Previously funded programs
may reapply for one additional funding biennium.
(b)
Peer Review.
(1)
The Board shall use peer reviewers to evaluate the quality
of applications.
(2)
The Commissioner shall select qualified individuals to
serve as reviewers. Peer reviewers shall demonstrate appropriate credentials
to evaluate grant applications in health education. Reviewers shall not evaluate
any applications for which they have a conflict of interest.
(3)
The Board staff shall provide written instructions and
training for peer reviewers.
(4)
The peer reviewers shall score each application according
to these award criteria and weights:
(A)
Significance of instruction or training program. The reviewers
shall consider issues such as: How relevant and timely is this topic to public
health issues for the particular discipline? Is the program unique and important
or unique and important for a geographic area? Will the program be useful
to or later replicated at other institutions in the state? Will the program
provide an advancement of knowledge that may result in positive changes in
patient care, education or health care policy? How many people will benefit
directly from the program? Maximum points: 30
(B)
Resources to perform program. The reviewers shall consider
issues such as: What new personnel, equipment and facility resources are needed
for the program? What existing resources can be used? What are the professional
credentials and experience of the program's key personnel? Maximum points:
15
(C)
Program design. The reviewers shall consider issues such
as: Is the program well defined? Is it a discrete program which can be completed
in the grant period? Are the goals and objectives realistic? How well has
the proposal described the program development process and the nature of analysis
to be carried out? Maximum points: 25
(D)
Cost sharing. The reviewers shall consider issues such
as: What level of local funding, if any, is available to share in the cost
of the program? Maximum points: 5
(E)
Cost effectiveness. The reviewers shall consider issues
such as: How appropriate are the chosen equipment, staffing and service providers
for the program given the cost of the program? Is the budget realistic? Does
the proposal make effective use of the grant funds? Maximum points: 25.
(F)
Evaluation and expected outcomes. The reviewers shall consider
issues such as: How well has the proposal described the methodology to evaluate
and estimate the outcomes from the program? Is the evaluation methodology
appropriate and effective? Are the outcomes realistic? Maximum points: 30
(c)
Application and Review Process.
(1)
The Commissioner may solicit recommendations from an advisory
committee or other group of qualified individuals on funding priorities for
each biennial grant period, and the administration of the application and
review process.
(2)
The Board staff shall review applications to determine
if they adhere to the grant program requirements and the funding priorities
contained in the Request for Proposal. An application must meet the requirements
of the Request for Proposal and be submitted with proper authorization before
or on the day specified by the Board to qualify for further consideration.
Qualified applications shall be forwarded to the peer reviewers for evaluation.
Board staff shall notify applicants eliminated through the screening process
within 30 days of the submission deadline.
(3)
Peer reviewers shall evaluate applications and assign scores
based on award criteria. All evaluations and scores of the review committee
are final.
(4)
Board staff shall rank each application based on points
assigned by peer reviewers, and recommend a priority ranked list of applications
to the Commissioner for approval.
(d)
Funding Decisions.
(1)
Applications for grant funding shall be evaluated only
upon the information provided in the written application.
(2)
The Board delegates to the Commissioner the authority to
approve grants upon the recommendation of the panel of peer reviewers and
Board staff. The Commissioner shall report approved grants to the Board for
each biennial grant period.
(3)
Funding recommendations to the Commissioner shall consist
of the most highly ranked and recommended applications up to the limit of
available funds. If available funds are insufficient to fund a proposal after
the higher-ranking and recommended applications have been funded, staff shall
negotiate with the applicant to determine if a lesser amount would be acceptable.
If the applicant does not agree to the lesser amount, the staff shall negotiate
with the next applicant on the ranked list. The process shall be continued
until all grant funds are awarded.
(e)
Contract. Following approval of grant awards by the Commissioner,
the successful applicants must sign a contract issued by Board staff and based
on the information contained in the application.
(f)
Cancellation or Suspension of Grants. The Board has the
right to reject all applications and cancel a grant solicitation at any point
before a contract is signed.
(g)
Request for Proposal. The full text of the administrative
regulations and budget guidelines for this program are contained in the official
Request for Proposal (RFP) available upon request from the Board.
(h)
This subsection pertains to the 2002-03 biennium only (rules
are effective only from September 1, 2001 to August 31, 2003).
(1)
Funds available to the program for the 2002-03 biennium
will be distributed as grants in proportions determined by the Commissioner
through three separate programs:
(A)
a competitive, peer-reviewed process, as described in subsections
(a)-(g) of this section;
(B)
a competitive, peer-reviewed process for eligible institutions
proposing to address the shortage of registered nurses, as described in subsections
(a)-(g) of this section unless amended in subsections (h) (2) and (h) (3)
of this section; and
(C)
a 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.
(2)
In subsection (a)(4), of this section, eligible institutions,
as they pertain to subsection (h) (1) (B) and (h) (1) (C) of this section,
are 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.
(3)
In subsections (a)(5), (a)(8), and (b)(4), of this section,
the following pertain to subsection (h) (1) (B) of this section:
(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 recruitment and retention
of nursing students and faculty.
(B)
Minimum award - Minimum award is $10,000 per award in any
fiscal year.
(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.
§6.74.Minority Health Research and Education Grant Program.
(a)
General Information. The program, as it applies to this
section:
(1)
Name--Minority Health Research and Education Grant Program.
(2)
Purpose--To provide funding to eligible institutions of
higher education to conduct research and educational programs on public health
issues affecting one or more minority groups in Texas.
(3)
Authority--Texas Government Code, §§63.301 -
63.302.
(4)
Minority--a particular ethnic or racial group that is under-represented
in one or more areas of health research or health education.
(5)
Eligible institutions--Public and private accredited general
academic and health-related institutions, and Centers for Teacher Education,
that conduct research or educational programs that address minority health
issues or form partnerships with minority organizations, colleges, or universities
to conduct research and educational programs that address minority health
issues. Two-year institutions, including junior and community colleges, state
colleges or technical colleges, and other agencies of higher education as
defined by Texas Education Code, §61.003 (6) are not eligible to submit
an application for program funding but may receive program funding indirectly
as a partner to an eligible institution.
(6)
Eligible programs--Research and educational initiatives,
including those that expand existing research and degree programs, and develop
other new or existing activities and projects, that are not funded by state
appropriation during the funding period. Proposed programs shall not conflict
with current judicial decisions and state interpretation on administering
minority programs in higher education.
(7)
Application requirements--Applications shall be submitted
to the Board in the format and at the time specified by the Board.
(8)
General Selection Criteria--Competitive. Designed to award
grants that provide the best overall value to the state. Selection criteria
shall be based on:
(A)
Program quality as determined by peer reviewers;
(B)
Impact the grant award shall have on public health issues
affecting one or more minority groups in the state;
(C)
Cost of the proposed program; and
(D)
Other factors to be considered by the Board, including
financial ability to perform program, state and regional needs and priorities,
whether the eligible institution has been designated as an Historically Black
or Hispanic Serving institution by the U.S. Department of Education, ability
to continue program after grant period, and past performance.
(9)
Minimum award--$50,000 per award in any fiscal year.
(10)
Maximum award--15 percent of the estimated available funding
per award in any fiscal year.
(11)
Maximum award length--A program is eligible to receive
funding for two years within a fiscal biennium. Previously funded programs
may reapply for one additional funding biennium.
(b)
Peer Review.
(1)
The Board shall use peer reviewers to evaluate the quality
of applications.
(2)
The Commissioner shall select qualified individuals to
serve as reviewers. Peer reviewers shall demonstrate appropriate credentials
to evaluate grant applications in health research and education. Reviewers
shall not evaluate any applications for which they have a conflict of interest.
(3)
The Board staff shall provide written instructions and
training for peer reviewers.
(4)
The peer reviewers shall score each application according
to these award criteria and weights:
(A)
Significance of research or educational program for minority
health issues. The reviewers shall consider issues such as: How relevant and
timely is this topic to minority public health issues? Is the program unique
and important or unique and important for a geographic area? Will the program
be useful to or later replicated at other institutions in the state? Will
the program provide an advancement of knowledge that may result in positive
changes in patient care, education or health care policy for minorities? How
many people will benefit directly from the program? Maximum points: 30
(B)
Resources to perform program. The reviewers shall consider
issues such as: What new personnel, equipment and facility resources are needed
for the program? What existing resources can be used? Will the program draw
on resources from other institutions and organizations? Do the institution's
partners, if any, demonstrate financial stability and effectiveness in conducting
similar research or education programs? What are the professional credentials
and experience of the program's key personnel? Maximum points: 15
(C)
Program design. The reviewers shall consider issues such
as: Is the program well defined? Is it a discrete program which can be completed
in the grant period? Are the goals and objectives realistic? How well has
the proposal described the data collection or program development process
and the nature of analysis to be carried out? Maximum points: 25
(D)
Cost sharing. The reviewers shall consider issues such
as: What level of local funding, if any, is available to share in the cost
of the program? Maximum points: 5
(E)
Cost effectiveness. The reviewers shall consider issues
such as: How appropriate are the chosen equipment, staffing and service providers
for the program given the cost of the program? Is the budget realistic? Does
the proposal make effective use of the grant funds? Maximum points: 25.
(F)
Evaluation and expected outcomes. The reviewers shall consider
issues such as: How well has the proposal described the methodology to evaluate
and estimate the outcomes from the program? Is the evaluation methodology
appropriate and effective? Are the outcomes realistic? Maximum points: 30
(c)
Application and Review Process.
(1)
The Commissioner may solicit recommendations from an advisory
committee or other group of qualified individuals on funding priorities for
each biennial grant period, and the administration of the application and
review process.
(2)
The Board staff shall review applications to determine
if they adhere to the grant program requirements and the funding priorities
contained in the Request for Proposal. An application must meet the requirements
of the Request for Proposal and be submitted with proper authorization before
or on the day specified by the Board to qualify for further consideration.
Qualified applications shall be forwarded to the peer reviewers for evaluation.
Board staff shall notify applicants eliminated through the screening process
within 30 days of the submission deadline.
(3)
Peer reviewers shall evaluate applications and assign scores
based on award criteria. All evaluations and scores of the review committee
are final.
(4)
Board staff shall rank each application based on points
assigned by peer reviewers, and recommend a priority ranked list of applications
to the Commissioner for approval.
(d)
Funding Decisions.
(1)
Applications for grant funding shall be evaluated only
upon the information provided in the written application.
(2)
The Board delegates to the Commissioner the authority to
approve grants upon the recommendation of the panel of peer reviewers and
Board staff. The Commissioner shall report approved grants to the Board for
each biennial grant period.
(3)
Funding recommendations to the Commissioner shall consist
of the most highly ranked and recommended applications up to the limit of
available funds. If available funds are insufficient to fund a proposal after
the higher-ranking and recommended applications have been funded, staff shall
negotiate with the applicant to determine if a lesser amount would be acceptable.
If the applicant does not agree to the lesser amount, the staff shall negotiate
with the next applicant on the ranked list. The process shall be continued
until all grant funds are awarded.
(e)
Contract. Following approval of grant awards by the Commissioner,
the successful applicants shall sign a contract issued by Board staff and
based on the information contained in the application.
(f)
Cancellation or Suspension of Grants. The Board has the
right to reject all applications and cancel a grant solicitation at any point
before a contract is signed.
(g)
Request for Proposal. The full text of the administrative
regulations and budget guidelines for this program are contained in the official
Request for Proposal (RFP) available upon request from 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 February 11, 2003.
TRD-200301003
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§7.1 - 7.17
The Texas Higher Education Coordinating Board proposes new §§7.1-7.17,
concerning private and out-of-state institutions offering baccalaureate, graduate
or professional degrees in Texas. Specifically, these new sections replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
assemble in one chapter, renumber, and clarify current rules affecting institutions
that are not supported by the State of Texas - and are not subject to the
provisions affecting state institutions - in their own chapter to distinguish
their oversight from the agency's oversight of Texas public universities and
health-related institutions. Many sections were modified or restructured to
clarify the current rules. The sections which contain substantive amendments
or new regulations are detailed below. §7.3 (Definitions) expands and
clarifies definitions. Paragraph (2) expands the definition of "Agent" currently
found at §5.211 by including agents located in Texas but soliciting non-Texas
residents, consistent with the scope of the definition in the Texas Education
Code, §61.303. Paragraphs (4) and (5) add definitions of "certificate
of authority" and of "certificate of authorization" to explain the different
types of certificates available to institutions. Paragraph (10) adds a definition
of "occasional courses" so that it will be clear to institutions with minimal
contacts in this state how extensive their operations may be without becoming
subject to the requirement of Board approval to operate a branch campus. §7.4
(Exemptions, Certificates of Authorization, and Revocation of Exemptions and
Certificates of Authorization) clarifies which institutions are exempt from
the statute and adds a statement about the process for appealing the revocation
of an exemption. No substantive policy changes were made. §7.5 (Administrative
Procedures Related to Certification of Nonexempt Institutions). §7.5
(d)(6)(B) contains language that is not found in the current rule at §5.213(g)(5),
but the new language simply reiterates existing law. §7.5 (d)(6)(D) clarifies
language currently found at §5.213(g)(5), establishing that an institution
that has been denied a certificate of authority, and that later receives a
certificate of authority, will have the same amount of time remaining within
the eight-year period in which to achieve accreditation after its reinstatement
that it had remaining in the period prior to the denial. The eight year limitation
does not include periods during which the institution is without a certificate
of authority. §7.6 (Certificate of Authority-- Eligibility, Applications,
Renewals, and Amendments) reorganizes the current §5.215, adding some
rules from §§5.213(c) and 5.213(h)(1). It clarifies language, and
establishes a ten-day period within which an institutional officer must report
changes in material facts relating to the institution's certificate of authority.
Otherwise, the proposed rule contains no substantive policy changes. §7.7
(Standards for Nonexempt Institutions) restructures and clarifies the current
rules found at §5.214, and include a few changes in current law. §7.7(1)
clarifies that the applicant institution must demonstrate compliance with
the Proprietary School Act. The prior section in 5.214(24) spoke only generally
about compliance with all laws, though the Board requires evidence of this
specific compliance. §7.7(7) contains new requirements regarding an institution's
duty to conduct self-assessments. Prior §5.214(4) required only self-assessment
of the institution's academic program. The proposed section requires assessment
of all aspects of the institution. §7.7(10) clarifies that in current §5.214(7),
the term "full-time faculty" means a person holding a full-time teaching appointment
and not merely a full-time employee of the institution. §7.7(18) notifies
readers that an institution's duty to provide records and transcripts to its
students may be circumscribed by federal or state law regarding institutions'
duty to assist in student loan collection. §7.7(13)(D)(ii) requires more
specificity in the written agreement between a providing institution and an
applicant institution than current §5.214(9) requires. §7.7(17)
would require institutions to retain a great deal more information about a
student's period of enrollment than is currently required by the language
of §5.214(16), but the requirements specified in the proposed rule are
no more than any prudently run institution would ordinarily maintain, and
no more than any recognized accrediting agency would require. §7.8 (Certificate
of Registration for Agents of Nonexempt Institutions) adds a statement about
the appeals process. §7.9 (Operation of Branch Campuses, Extension Centers,
or Other Off-Campus Units by Exempt Institutions) was amended with a list
of standards to be met by accredited schools, mostly out-of-state, which operate
branch campuses in Texas. The standards are derived from the current Standards
for Nonexempt Institutions and merely make explicit the expectations of the
Board for the operation of branch campuses, which is not explicit in the current §5.217.
These changes do not represent substantive changes in policy beyond those
addressed in §7.7. §7.11 (Revocation of Certificates to Nonexempt
Institutions and Agents). §§7.11(a) and (b) change §5.219(a)
and (b) by empowering the Commissioner, instead of the Board, to revoke certificates
of authority and certificates of registration, which allows a more timely
addressing of issues associated with revoking a certificate and will, thereby,
better protect the public from fraud. §7.11(d) adds a duty, for institutions
which have agents whose certificates of registration are revoked, to take
positive steps to divest the agent of apparent authority to represent the
institution and to notify the media and affected students at the institution
of the misrepresentations made by the agent and of the truth. This requirement
is consistent with law regarding the nature of an agency relationship, and
is consistent with the Board's rulemaking authority. §7.12 (Prohibitions
Applicable to Nonexempt Institutions). §7.12(a)(2) adds to the current
rule in §5.220(a)(2) so that representing that credits earned or granted
are applicable for credit toward a degree to be granted by some other person
or institution and representing that credits granted are "collegiate in nature"
is prohibited. This agency has found that if we are too specific about prohibited
terminology, institutions escape the intent of the statute by devising creative
ways to avoid the literal terminology, while nonetheless creating the same
misimpressions that the statute prohibits. §7.12(b) creates a rule concerning
institutions over which the state has no jurisdiction because they operate
on federally controlled lands. The proposed rule attempts to state existing
law in a succinct manner, to clarify that institutions situated on federal
lands may not use the federal land as a base for extending operations beyond
the boundaries of the federal land to advertise and solicit the enrollment
of Texas students who otherwise have no association with the base. §7.13
(Duties upon Dissolution of an Institution) changes §5.213(h)(2) by empowering
the Commissioner, instead of the Board, to initiate action to prevent the
loss of academic records at closed institutions. This proposal would allow
more timely addressing of the issues associated with the closing of an institution.
Therefore, it would afford students better protection from loss of essential
information than the current process affords. §7.15 (Administrative Penalties). §7.15(a)(3)
broadens existing §5.222(a) by stating that penalties can be issued against
unauthorized institutions which mislead students by representing that credits
from their institution are collegiate in nature. This rule compliments §7.12(a)(2),
which makes clearer what types of misrepresentations are prohibited under
the statute. §7.15(a)(4) adds to existing §5.220(a) the statement
that not only is each degree conferred without authority a separate offense,
but also that each person enrolled in a course or courses through misrepresentations
constitutes a separate offense. This rule is consistent with the prohibitions
in the statute and is within the Board's rulemaking authority
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
new 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. Hill 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 these sections will be the improved organization and clarity
of rules affecting private and out-of-state institutions offering baccalaureate,
graduate or professional degrees in Texas. 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 proposed new rules may be submitted to Marshall A. Hill,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; Texas Education
Code, §61.002, which establishes the Board as an agency charged to provide
leadership and coordination for the Texas higher education system; Texas Education
Code, §§61.301 - 61.319, concerning regulation of private postsecondary
education institutions; §61.311, which provides the Board with the authority
to promulgate rules governing certificates of authority; Texas Education Code, §§61.401
- 405, regarding regulation of public institutions of higher education established
outside the boundaries of the State of Texas; and Texas Education Code, §61.311
which provides the Board with the authority to promulgate rules regarding
out of state public institutions.
The new rules affect Texas Education Code, §§61.301 - 61.319,
and Texas Education Code, §§61.401 - 61.405.
§7.1.Purpose.
This subchapter clarifies the standards and details the process by
which nonexempt private postsecondary educational institutions may be granted
by the Board a certificate of authority to offer degrees or to offer credits
toward degrees and to use certain academic terms within the state. These rules
proscribe certain behavior, and specify the sanctions that may be imposed
for violations of the applicable rules and statutes.
§7.2.Authority.
These rules relate to the Texas Education Code, Subchapter G, §§61.301
through 61.319 and Subchapter H, §§61.401 through 61.405, which
regulates the awarding or offering of degrees, awarding or offering credit
toward degrees, and the use of certain academic terms by private and out-of-state
public postsecondary educational institutions.
§7.3.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Agent--A person employed by or representing a post-secondary
educational institution within or without Texas who:
(A)
solicits any Texas student for enrollment in the institution;
(B)
solicits or accepts payment from any Texas student for
any service offered by the institution; or
(C)
while having a physical presence in Texas, solicits students
or accepts payment from students who are without Texas.
(2)
Board--The Texas Higher Education Coordinating Board.
(3)
Branch campus, extension center, or other off-campus unit--Any
institution or part of an institution offering or proposing to offer away
from the home campus more than occasional courses or courses leading to the
granting of a degree without the necessity for courses to be taken at the
main campus.
(4)
Certificate of authority--The Board's approval of institutions
of higher education, (other than exempt institutions) with operations in the
state of Texas, to confer degrees or courses applicable to degrees, or to
solicit students for enrollment in institutions that confer degrees or courses
applicable to degrees.
(5)
Certificate of authorization--The Board's acknowledgment
that an institution is qualified for an exemption from the regulations herein.
(6)
Commissioner--The Commissioner of Higher Education.
(7)
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 and foreign cognates, 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 degree-level program by accrediting agencies recognized
by the Board.
(8)
Educational or training establishment--An enterprise offering
a course of instruction, education, or training that the establishment does
not represent to be applicable to a degree.
(9)
Home campus--The headquarters of an institution, such location
to be determined as a matter of fact by the Commissioner based upon consideration
of information such as, but not limited to the following:
(A)
where the institution is chartered;
(B)
the site, campus or city where the principal or chief executive's
offices are located;
(C)
the site, campus or city where the institution conducts
the preponderance of its instructional activities; and
(D)
any other pertinent and material facts.
(10)
Occasional courses--Courses offered not more than twice
at any given location in the state.
(11)
Out-of-state public institution of higher education--Any
senior college, university, technical institute, junior or community college,
or the equivalent which is controlled by a public body organized outside the
boundaries of the State of Texas.
(12)
Person--Any individual, firm, partnership, association,
corporation, enterprise, or other private entity or any combination thereof.
(13)
Private postsecondary educational institution or institution--An
educational institution which:
(A)
is not a public junior college, public senior college or
university, medical or dental unit or other agency as defined in 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 an agent or 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; provides
or offers to provide credits alleged to be applicable to a degree; or represents
that credits earned or granted are collegiate in nature, including describing
them as "college-level," or at the level of any protected academic term.
(14)
Program or Program of study--Any course or grouping of
courses which are represented as entitling a student to a degree or to credits
applicable to a degree.
(15)
Recognized accrediting agency--Any accrediting agency
the standards of accreditation or membership for which have been found by
the Board to be sufficiently comprehensive and rigorous to qualify its institutional
members for an exemption from the operation of this chapter.
(16)
Representative--A person who acts on behalf of an institution
regulated under this subchapter. The term includes, without limitation, recruiters,
agents, tutors, counselors, business agents, instructors, and any other instructional
or support personnel.
(17)
The subchapter--Texas Education Code, Title 3, Chapter
61, Subchapter G, as amended, having an effective date of June 21, 1975.
§7.4.Exemptions, Revocation of Exemptions, and Certificates of Authorization.
(a)
The provisions of this subchapter do not apply to:
(1)
The home campus of an institution which is fully accredited
by a recognized accrediting agency. For purposes of the exemption, the Board
currently recognizes the following accrediting agencies: the Commission on
Higher Education, Middle States Association of Colleges and Schools; the Commission
on Institutions of Higher Education, New England Association of Schools and
Colleges; the Commission on Institutions of Higher Education, North Central
Association of Colleges and Schools; the Commission on Colleges, Northwest
Association of Schools and Colleges; the Commission on Colleges, Southern
Association of Colleges and Schools; the Accrediting Commission for Community
and Junior Colleges and Accrediting Commission for Senior Colleges and Universities,
Western Association of Schools and Colleges; the Accrediting Association of
Bible Colleges; and the Association of Theological Schools in the United States
and Canada.
(2)
A branch campus, extension center, or other off-campus
unit operated by a private or independent institution of higher education
as narrowly defined by Texas Education Code, §61.003.
(3)
An institution or degree program that has received approval
by an agency of the State of Texas authorizing the graduates of the institution
to take a professional or vocational state licensing examination administered
by that agency. The granting of permission by a state agency to a graduate
of an institution to take a licensing examination does not by itself constitute
approval of the institution or degree program required for an exemption under
this subsection.
(b)
The exemptions provided by subsection (a) of this section
apply only to the degree level for which the programs or the institution is
accredited or approved, as applicable, and if an institution offers to award
a degree at a level for which it is not accredited or approved by the appropriate
agency of the State of Texas, the exemption does not apply.
(c)
The Commissioner may issue a certificate of authorization
to grant degrees to an exempt institution, upon the institution's application
and demonstration that it qualifies for an exemption under subsection (a)(1)
of this section, as limited by subsection (b) of this section.
(d)
A new institution may not presume exempt status and offer
to award degrees or courses leading to degrees until it has applied for and
been granted a certificate of authorization by the Commissioner.
(e)
An exempt institution continues in that status only so
long as it maintains accreditation by a recognized accrediting agency or otherwise
meets the provisions of subsection (a) of this section.
(f)
Revocation of an exemption.
(1)
If the Commissioner receives credible evidence that an
institution is no longer qualified for an exemption, he shall notify the institution
that its exempt status is revoked, and that the institution is subject to
the requirements Chapter 61 of the Texas Education Code, and of this subchapter.
(2)
Upon receipt of the notice of revocation, the institution
must cease granting or awarding degrees in Texas until it has either been
granted a certificate of authority to grant degrees, or has received a determination
that it did not lose its qualification for an exemption.
(3)
Within 10 days of its receipt of the Commissioner's notice,
the institution must respond and offer proof of its continued qualification
for the exemption.
(4)
After reviewing the evidence, the Commissioner will issue
a notice of determination, which in the case of an adverse determination,
shall contain information regarding the reasons for the denial, and the institution's
right to a hearing.
(5)
If a determination under this section is adverse to an
institution, it shall become final and binding unless, within 45 days of its
receipt of the adverse determination, the institution invokes the administrative
remedies contained in Chapter 1, subchapter B of this title (relating to Hearings
and Appeals).
§7.5.Administrative Procedures Related to Certification of Nonexempt Institutions.
(a)
The Board may issue to a nonexempt institution a certificate
of authority to grant a degree or degrees and to enroll students for courses
which may be applicable toward a degree if the Board finds that the institution
meets the standards established herein.
(b)
Certification Advisory Council.
(1)
The Board shall appoint a certification advisory council
to advise the Board on standards and procedures related to certification of
private, nonexempt postsecondary educational institutions, to assist the Commissioner
in the examination of individual applications for certificates of authority,
and to perform other duties related to certification that the Board finds
to be appropriate.
(2)
The council shall consist of six members with experience
in higher education, three of whom must be drawn from exempt private institutions
of higher education in Texas.
(3)
The members shall be appointed for two year fixed and staggered
terms.
(c)
Fees.
(1)
Certificates of Authority. Each biennium the Commissioner
shall set the fee for initial and renewal applications for certificates of
authority, which shall be equal to the average cost of evaluating the applications.
The fee shall include the costs of travel, meals, and lodging of the visiting
team and the Commissioner, or the Commissioner's designated representatives,
and consulting fees for the visiting team members.
(2)
Each biennium, the Commissioner shall also set the fees
for amendments to certificates of authority; initial reviews of branch campuses
or extension centers; site visits to branch campuses or extension centers;
and certificates of registration of agents.
(3)
The Commissioner shall report changes in the fees to the
Board at a quarterly meeting.
(d)
Board's review of applications.
(1)
The Commissioner, or the Commissioner's designated representatives,
and an ad hoc team of independent consultants, if the Commissioner finds that
such a team would provide a benefit to the Board or to the institution, will
visit the institution and conduct an on-site survey to evaluate the application
for a certificate of authority. The visiting team will be composed of people
who have experience on the faculties or staffs of accredited institutions
and who possess knowledge of accreditation standards.
(2)
The visiting team will prepare a written report of its
findings regarding the institution's ability to meet the standards for a certificate
of authority. This report will be provided to the applicant institution, which
shall have 30 days within which to respond in writing to each adverse finding.
(3)
The certification advisory council will review the findings
of the visiting team and the response of the institution and submit to the
Commissioner a recommendation concerning the application.
(4)
The Commissioner will forward to the Board the recommendation
of the advisory council with his endorsement or with an alternate recommendation.
(5)
Upon approval of the Board to award a certificate of authority
to an institution, the Commissioner will act immediately to prepare and forward
the certificate. It shall state, at a minimum, that the institution is authorized
to grant certain degrees, the issue date, and the period for which the certificate
is valid.
(6)
If the Board denies an institution's application for a
certificate of authority, or for renewal of its certificate of authority,
the Commissioner shall notify the institution in writing of the denial and
of the reasons for the denial.
(A)
The institution will not be eligible to reapply for a period
of one year.
(B)
Until the certificate of authority is reinstated, the institution
may not grant degrees or enroll students for courses which may be applicable
toward a degree.
(C)
The subsequent application must show, in addition to all
other requirements described herein, correction of the deficiencies which
led to the denial.
(D)
The period of time during which the institution does not
hold a certificate of authority shall not be counted against the 8-year period
within which the institution must achieve accreditation from a recognized
accrediting agency, as described in §7.6(d)(3) of this title (relating
to Certificate of Authority); the time period begins to run again upon reinstatement.
(7)
If a determination under this section is adverse to an
institution, it shall become final and binding unless, within 45 days of its
receipt of the adverse determination, the institution invokes the administrative
remedies contained in Chapter 1, subchapter B of this title (relating to Hearings
and Appeals).
(e)
Terms and limitations of a certificate of authority.
(1)
The certificate of authority to grant degrees is valid
for a period of two years from the date of issuance.
(2)
Certification by the State of Texas is not accreditation,
but merely a protection of the public interest while the institution pursues
accreditation from a recognized agency, within the time limitations expressed
in §7.6(c)(3) of this title (relating to Certificate of Authority). Therefore,
the institution awarded a certificate of authority shall not use terms to
interpret the significance of the certificate which specify, imply, or connote
greater approval than simple permission to operate and grant certain specified
degrees in Texas. Terms which may not be used include, but are not limited
to, "accredited," "supervised," "endorsed," and "recommended" by the State
of Texas or agency thereof. Specific language prescribed by the Commissioner
which explains the significance of the certificate of authority shall be included
in all publications, advertisements, and other documents where certification
and the accreditation status of the institution are mentioned.
(f)
Recognition of Accrediting Agencies. The Board recognizes
accrediting agencies for purposes of this section provided they can demonstrate
they meet the criteria listed below.
(1)
The accrediting agency must be recognized by the Council
for Higher Education Accreditation or its successor and by the United States
Department of Education.
(2)
The accrediting agency's standards must be at least as
comprehensive and rigorous as the standards listed in §7.7 of this title
(relating to Standards for Nonexempt Institutions) and be as rigorously applied.
§7.6.Certificate of Authority--Eligibility, Applications, Renewals, and Amendments.
(a)
Eligibility to apply. The Board will accept applications
for a certificate of authority only from those institutions:
(1)
proposing to offer a degree or credit courses alleged to
be applicable to a degree; and
(2)
which have been in operation in Texas and have complied
with Texas statutes as non degree-granting institutions or educational or
training establishments for a minimum of two years. As a minimum, "in operation"
means to enroll students and to conduct classes.
(b)
Application for certificate of authority.
(1)
Institutions seeking a certificate of authority are urged
to contact the Board's Institutional Certification Office before filing a
formal application.
(2)
Applications must be submitted with an original and four
copies and accompanied by the fee described in §7.5(c) of this title
(relating to Administrative Procedures Related to Certification of Nonexempt
Institutions).
(3)
Documentary evidence of compliance with subsection (a)(2)
of this section must be filed with the application.
(4)
An institution must be fully operational as of the date
of the on-site evaluation; i.e., it must have in-hand or under contract all
the human, physical, administrative, and financial resources necessary to
demonstrate its capability to meet the standards for nonexempt institutions.
The conditions found at the institution as of the date of the on-site evaluation
visit will provide the basis for the visiting team's evaluation and report,
the certification advisory council's recommendation, the Commissioner's recommendation,
and the Board's determination of the institution's qualifications for a certificate
of authority.
(c)
Renewal of certificate of authority.
(1)
At least 180 days, but no more than 210 days, prior to
the expiration of the current certificate of authority, an institution, if
it desires renewal, shall make application to the Board on forms provided
upon request. Reports not previously submitted to the Board, related to the
application for or renewal of accreditation by national or regional accrediting
agencies shall be included. The renewal application shall be accompanied by
the fee described in §7.5(c) of this title (relating to Administrative
Procedures Related to Certification of Nonexempt Institutions).
(2)
The application for renewal of the certificate of authority
will be evaluated in the same manner as that prescribed for evaluation of
an initial application, except that the evaluation will include the institution's
record of improvement and progress toward accreditation.
(3)
An institution may be granted consecutive certificates
of authority for no longer than eight years. Absent sufficient cause, at the
end of the eight years, the institution must be accredited by a recognized
accrediting agency.
(4)
Subject to the restrictions of paragraph (3) of this subsection,
the Board shall renew the certificate if it finds that the institution has
maintained all requisite standards and is making progress toward accreditation.
(5)
The Board shall consider the application of any accreditation
standard that prohibits accreditation of an institution solely on the basis
of religious policies practiced by the institution as sufficient justification
for extending the institution's eligibility for certification to grant degrees
of a religious nature only, if the institution:
(A)
has applied for and pursued accreditation in good faith;
(B)
meets all other standards at the level of accreditation;
and
(C)
satisfies all other requirements of the Board.
(d)
Amendments to a certificate of authority.
(1)
An institution which wishes to amend an existing program
of study to award a new or different degree during the period of time covered
by its current certificate may file an application for amendment, on forms
provided by the Board upon request.
(2)
Applications for amendment shall be accompanied by the
fee described in §7.5(c) of this title (relating to Administrative Procedures
Related to Certification of Nonexempt Institutions).
(3)
If the Board finds that the new program of study meets
the required standards, the Board may amend the institution's certificate
accordingly.
(e)
Authority to represent transferability of course credit.
Any institution as defined in §7.3 of this title (relating to Definitions),
whether it offers degrees or not, may solicit students for and enroll them
in courses on the basis that such courses will be credited to a degree program
offered by another institution, provided that:
(1)
the other institution is named in such representation,
and is accredited by an accrediting agency listed in §7.3 of this title
(relating to Definitions);
(2)
the courses are identified for which credit is claimed
to be applicable to the degree programs at the other institution; and
(3)
the written agreement between the institution subject to
these rules and the accredited institution is approved by both institutions'
Boards of trustees in writing and by their accrediting agencies, and is filed
with the Board.
(f)
Duty to Report.
(1)
Institutions holding a certificate of authority will be
required to:
(A)
furnish a list of their agents to the Board; and
(B)
maintain records of students enrolled, credits awarded,
and degrees awarded, in a manner specified by the Board.
(2)
Any change in principal location, ownership, governance,
administrative personnel, faculty, or facilities at the institution, or any
other changes relevant to the Board's standards for certification, shall be
reported to the Board within ten days of the change by the chief administrative
officer of the institution.
(g)
If an order, decision, or determination made pursuant to
this section is adverse to an institution, the reasons therefore shall be
detailed in a notice to the institution. The order, decision, or determination
shall become final and binding unless, within 45 days of its receipt of the
adverse order, decision, or determination, the institution invokes the administrative
remedies contained in Chapter 1, subchapter B of this title (relating to Hearings
and Appeals).
§7.7.Standards for Certificates of Authority.
The decision to grant a certificate of authority to an institution
will be based on its demonstrated compliance with the following twenty-one
standards. Particular attention will be paid to the institution's commitment
to education, responsiveness to recommendations and suggestions for improvement,
and, in the case of a renewal of a certificate of authority, record of improvement
and progress following initial approval which would ensure accreditation within
the time limits specified in §7.6(c)(3) of this title (relating to Certificate
of Authority). The twenty-one standards represent generally accepted administrative
and academic practices and principles of accredited institutions of higher
education in Texas. Such practices and principles are generally set forth
by regional and specialized accrediting bodies and the academic and professional
societies which have established standards for their members' programs, such
as the National Association of College and University Business Officers and
the American Association of Collegiate Registrars and Admissions Officers.
(1)
Legal Compliance. The institution shall be maintained and
operated in compliance with all applicable ordinances and laws, including
the rules and regulations adopted to administer those ordinances and laws.
The institution shall demonstrate compliance with the Texas Education Code,
Chapter 132 by supplying a copy of a certificate of approval to operate a
proprietary school or a letter of exemption from the Texas Workforce Commission.
(2)
Qualifications of Institutional Officers. The character,
education, and experience in higher education of governing Board members,
administrators, supervisors, counselors, agents, and other institutional officers
shall be such as may reasonably ensure that the students will receive education
consistent with the objectives of the course or program of study. In particular,
the academic administrator shall be qualified by level and area of academic
preparation, as well as through appropriate experience, to direct the academic
affairs of the institution.
(3)
Governing Board. The governing Board of the institution,
consisting of at least five members, shall be an active policy-making body,
independent from any person or organization, and shall exercise its authority
to ensure that the mission of the institution is carried out. Members of the
Board shall represent the interests of the institution's constituencies of
faculty, students, and supporters. The presiding officer of the Board, along
with a majority of the other voting members, shall have no contractual, employment,
or personal or familial financial interest in the institution and derive no
financial gain from the operations of the institution.
(4)
Distinction of Roles. There shall be sufficient distinction
among the roles and personnel of the governing Board of the institution, the
administration, and faculty to ensure their appropriate separation and independence.
(5)
Financial Resources and Stability. The institution shall
have adequate financial resources and financial stability to provide education
of good quality and to be able to fulfill its commitments to students. The
institution shall have sufficient reserves so that, together with tuition
and fees, it would be able to complete its educational obligations to currently
enrolled students if it were unable to admit any new students.
(6)
Financial Records. Financial records and reports of the
institution shall be kept and made separate and distinct from those of any
affiliated or sponsoring person or entity. Financial records and reports shall
be kept in accordance with the guidelines of the National Association of College
and University Business Officers as set forth in College and University Business
Administration, Sixth Edition), or such later editions as may be published.
An annual independent audit of all fiscal accounts of the educational institution
shall be authorized by the governing Board and shall be performed by a properly
authorized certified public accountant.
(7)
Institutional Assessment. Continual and effective assessment,
planning, and evaluation of all aspects of the institution shall be conducted
to advance and improve the institution. These aspects include, but are not
limited to, the academic program of teaching, research, and public service;
administration; financial planning and control; student services; facilities
and equipment, and auxiliary enterprises.
(8)
Student Admission and Remediation.
(A)
Upon the admission of a student to any undergraduate program,
the institution shall document the student's level of preparation to undertake
college level work by obtaining proof of the student's high school graduation
or General Educational Development (GED) certification and by assessing the
student with appropriate diagnostic tests. If a GED is presented, to be valid,
the score must be at or above the passing level set by the Texas Education
Agency. The institution shall provide an effective program of remediation
for students diagnosed with deficiencies in their preparation for collegiate
study.
(B)
Upon the admission of a student to any graduate program,
the institution shall document that the student is prepared to undertake graduate-level
work by obtaining proof that the student holds a baccalaureate degree from
an institution accredited by a recognized accrediting agency or a degree from
a foreign institution equivalent to a baccalaureate degree from an accredited
institution. The institution shall follow standard practice in assessing the
credentials of students who graduated from foreign institutions.
(9)
Faculty Qualifications. The character, education, and experience
in higher education of the faculty shall be such as may reasonably ensure
that the students will receive an education consistent with the objectives
of the course or program of study.
(A)
Each faculty member teaching in an academic associate or
baccalaureate level degree program shall have at least a master's degree from
an institution accredited by a recognized agency with at least 18 graduate
semester credit hours in the discipline being taught.
(B)
At least 25 percent of the courses in an academic associate
or baccalaureate level major shall be taught by faculty members holding doctorates,
or other terminal degrees, in the discipline being taught, from institutions
accredited by a recognized agency.
(C)
Each faculty member teaching technical or vocational courses
in a vocational associate degree program shall have at least an associate
degree in the discipline being taught from an institution accredited by a
recognized agency and at least three years of direct or closely related experience
in the discipline being taught.
(D)
Each faculty member teaching general education courses
in a vocational associate degree program shall meet the requirements for academic
associate faculty listed above.
(E)
Graduate-level degree programs shall be taught by faculty
holding doctorates, or other degrees generally recognized as the highest attainable
in the discipline being taught from institutions accredited by a recognized
agency.
(10)
Faculty Size. There shall be a sufficient number of faculty
holding full time teaching appointments who are resident and accessible to
the students to ensure continuity and stability of the education program,
adequate educational association between students and faculty and among the
faculty members, and adequate opportunity for proper preparation for instruction
and professional growth by faculty members. At the associate and baccalaureate
levels, there shall be at least one full-time faculty member in each program.
At the graduate level, there shall be at least four full-time faculty members
in each program.
(11)
Academic Freedom and Faculty Security. The institution
shall adopt, adhere to, and distribute to all members of the faculty a statement
of academic freedom assuring freedom in teaching, research, and publication.
All policies and procedures concerning promotion, tenure, and non-renewal
or termination of appointments, including for cause, shall be clearly stated
and published in a faculty handbook, adhered to by the institution, and supplied
to all faculty. The specific terms and conditions of employment of each faculty
member shall be clearly described in a written document to be given to that
faculty member, with a copy to be retained by the institution.
(12)
Curriculum. The quality, content, and sequence of each
course, curriculum, or program of instruction, training, or study shall be
appropriate to the purpose of the institution and shall be such that the institution
may reasonably and adequately achieve the stated objectives of the course
or program. Substantially all of the courses in the areas of specialization
required for each degree program shall be offered in organized classes by
the institution, provided such courses are appropriate to the level of the
institution. The degree level, degree designation, and the designation of
the major course of study shall be appropriate to the curriculum offered and
shall be accurately listed on the student's diploma and transcript.
(13)
General Education.
(A)
Each associate or baccalaureate degree program shall contain
a general education component consisting of at least 25 percent of the total
hours required for graduation from the program.
(B)
This component shall be drawn from each of the following
areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural
Sciences and Mathematics. It shall include courses to develop skills in written
and oral communication and basic computer instruction.
(C)
Courses designed to correct deficiencies, remedial courses
for associate and baccalaureate programs, and leveling courses for graduate
programs, may not count toward general education requirements for the degree.
(D)
The applicant institution may arrange to have all or part
of the general education component taught by another institution, provided
that:
(i)
the applicant institution's faculty shall design the general
education requirement;
(ii)
there shall be a written agreement between the institutions
specifying the applicant institutions' general education requirements and
the manner in which they will be met by the providing institution;
(iii)
at least one-half of the courses shall be offered in
organized classes; and
(iv)
the providing institution shall be accredited by a recognized
accrediting agency.
(14)
Credit for Work Completed Outside a Collegiate Setting.
(A)
An institution awarding collegiate credit for work completed
outside a collegiate setting (outside a degree-granting institution accredited
by a recognized agency) shall establish and adhere to a systematic method
for evaluating that work, shall award credit only in course content which
falls within the authorized degree programs of the institution, in an appropriate
manner shall relate the credit to the student's current educational goals,
and shall subject the institution's process and procedures for evaluating
work completed outside a collegiate setting to ongoing review and evaluation
by the institution's teaching faculty. To these ends, recognized evaluative
examinations such as the advanced placement program (AP) or the college level
examination program (CLEP) may be used.
(B)
No more than 15 semester credit hours or 23 quarter credit
hours in a student's associate or baccalaureate degree program may be based
on work completed outside a collegiate setting and validated in the manner
set forth in subparagraph (A) of this paragraph. No graduate credit for work
completed outside a collegiate setting may be awarded. In no instance may
credit be awarded for life experience per se or merely for years of service
in a position or job.
(15)
Library.
(A)
The institution shall have in its possession or direct
control, properly catalogued, and readily available to its students and faculty
a sufficient quality and variety of library holdings to support adequately
its own curriculum. In addition, the institution shall supply access to educational
resources appropriate to support its program that are available by electronic
delivery, including access to the Internet, and shall make these educational
resources available in an active and effective manner.
(B)
The institution shall have adequate library facilities
for the library holdings, space for study, and workspace for the librarian
and library staff.
(C)
The librarian shall hold a graduate degree in library science
from an institution accredited by a recognized accrediting agency.
(D)
Arrangements made with other libraries for the use of library
materials shall be formalized in writing, the collection shall be validated
by the institution to be appropriate for the programs being offered, records
of usage by the students shall be kept, and the library shall be reasonably
accessible to the students and faculty.
(16)
Facilities. The institution shall have adequate space,
equipment, and instructional materials to provide education of good quality.
Student housing owned, maintained, or approved by the institution, if any,
shall be appropriate, safe, and adequate.
(17)
Academic Records. Adequate records of each student's academic
performance shall be securely and permanently maintained by the institution.
(A)
The records for each student shall contain:
(i)
student contact and identification information, including
address and telephone number;
(ii)
records of admission documents, such as high school diploma
or GED (if undergraduate) or undergraduate degree (if graduate);
(iii)
records of all courses attempted, including grade; completion
status of the student, including the diploma, degree or award conferred to
the student; and
(iv)
any other information typically contained in academic
records.
(B)
Two copies of said records shall be maintained in secure
places.
(C)
Transcripts shall be provided upon request by a student,
subject to the institution's obligation, if any, to cooperate with the rules
and regulations governing state, and federally guaranteed student loans.
(18)
Accurate and Fair Representation in Publications, Advertising,
and Promotion.
(A)
Neither the institution nor its agents or other representatives
shall engage in advertising, recruiting, sales, collection, financial credit,
or other practices of any type which are false, deceptive, misleading, or
unfair. Likewise, all publications, by any medium, shall accurately and fairly
represent the institution, its programs, available resources, tuition and
fees, and requirements.
(B)
The institution shall provide students, prospective students
prior to enrollment, and other interested persons with a catalog containing
information describing the purpose, length, and objectives of the programs
offered by the institution; its schedule of tuition, fees, and all other charges
and expenses necessary for completion of the course of study; its cancellation
and refund policy; a list of administrative personnel and faculty members,
including the degrees held by each person and the institutions awarding those
degrees; and such other material facts concerning the institution and the
program or course of instruction as are reasonably likely to affect the decision
of the student to enroll therein. Any disclosures specified by the Board or
defined in the rules shall be included. The cancellation and refund policy
of the institution shall be fair and shall be applied equitably.
(C)
Upon satisfactory completion of the program of study, the
student shall be given appropriate educational credentials indicating the
degree level, degree designation, and the designation of the major course
of study, and a transcript accurately listing the information typically found
on such a document, subject to institutions' obligation, if any, to cooperate
with the rules and regulations governing state, and federally guaranteed student
loans.
(19)
Academic Advising and Counseling. The institution shall
provide an effective program of academic advising for all students enrolled.
The program shall include orientation to the academic program, academic and
personal counseling, career information and planning, placement assistance,
and testing services.
(20)
Student Handbook. The institution shall establish and
adhere to a clear and fair policy regarding due process in disciplinary matters,
and publish this policy in a handbook, which shall include other rights and
responsibilities of the students. This handbook shall be supplied to each
student upon enrollment in the institution.
(21)
Health Services. The institution shall provide an effective
program of health services and education reflecting the needs of the students.
The program shall include instruction on emergency and safety procedures at
the institution, including appropriate responses to illness, accident, fire,
and crime.
§7.8.Certificate of Registration for Agents of Nonexempt Institutions.
(a)
A person desiring to solicit students for enrollment, or
to accept funds from Texas students, or otherwise to perform services as an
agent of a nonexempt institution pursuant to the provisions of the Texas Education
Code, Title 3, Chapter 61, Subchapter G and this subchapter, shall make application
for a certificate of registration on forms that will be provided by the Board
upon request.
(b)
The application shall be accompanied by the fee described
in §7.5(c) of this title (relating to Administrative Procedures Related
to Certification of Nonexempt Institutions).
(c)
Upon request of the Commissioner or the Commissioner's
designee, the agent shall provide sufficient evidence of good character.
(d)
The agent's certificate of registration shall be issued
for a two-year period.
(e)
If the Commissioner denies the application for a certificate
of registration, or a renewal of the certificate of registration, the applicant
shall be notified in writing, and shall be given the reasons for the denial.
Additionally, the Commissioner shall notify the institution or institutions
which the agent represented or proposed to represent, according to the records
of the Board, in the same manner.
(f)
At least 60 days, but no more than 120 days, prior to the
expiration of an agent's certificate, the agent shall complete and file with
the Board an application for renewal, accompanied by the registration fee
described in §7.5(c) of this title (relating to Administrative Procedures
Related to Certification of Nonexempt Institutions).
(g)
If a determination under this section is adverse to a person
or institution, it shall become final and binding unless, within 45 days of
the receipt of the adverse determination, the person or institution invokes
the administrative remedies contained in Chapter 1, subchapter B of this title
(relating to Hearings and Appeals).
§7.9.Operation of Branch Campuses, Extension Centers, or Other Off-Campus Units by Exempt Institutions.
(a)
Off-Campus Operations.
(1)
A nonexempt institution may not operate a branch campus.
(2)
An exempt private institution must be approved by the Board
to operate a branch campus, extension center, or other off-campus unit in
Texas, except as noted in §7.4(a)(2) of this title (relating to Exemptions,
Revocation of Exemptions and Certificates of Authorization).
(3)
An institution with off-campus offerings that approach
the scale of a branch campus, extension center, or other off-campus unit,
as defined in §7.3 of this title (relating to Definitions), must submit
to the Board a description of its plans, including such information as requested
on an application form, to be furnished by the Board upon request.
(4)
On receipt of an acceptable application and the application
fee for initial review of a branch campus or extension center listed in §7.5(c)
of this title (relating to Administrative Procedures Related to Certification
of Nonexempt Institutions), the Commissioner may authorize the institution
to begin operations at the branch campus, on a temporary basis, pending a
formal review and evaluation.
(5)
Accreditor's on-site survey. The applicant institution
shall inform its recognized accreditor of the institution's initial approval
from the Board so that the accreditor may conduct a site visit at the branch
campus or extension center to verify compliance with that accreditor's criteria
for branch campuses.
(A)
The institution shall invite the Southern Association of
Colleges and Schools (SACS) to participate in the on-site survey, to provide
representatives to examine the institution, and to supply comments on the
branch's ability to meet the standards set forth herein. The institution must
inform SACS of the impending visit by its accreditor at least six weeks prior
to the visit, to facilitate coordination between the two accreditors.
(B)
The institution shall submit the report of the recognized
accreditor and SACS' comments to the Board.
(C)
After examining the reports of the recognized accreditor
and SACS, the Commissioner may issue continuing approval, place conditions
on continuing approval, or revoke the Board's temporary approval of the branch
campus or extension center.
(D)
Final approval by the accreditor must be made within two
years of the initial approval by the Commissioner, or the Board's initial
approval will lapse.
(E)
If the accreditor denies approval, the Board's temporary
approval shall immediately expire.
(6)
Board's site-visit. If the accreditor does not conduct
an on-site survey of the branch campus or extension center, the Board will
conduct an on-site survey to determine whether the branch complies with the
Board's standards of operations.
(A)
The Board will invite SACS to provide representation, to
accompany the visiting team, and to supply comments.
(B)
The institution shall be assessed the fee for an on-site
survey to a branch campus or extension center, as provided in §7.5(c)
of this title (relating to Administrative Procedures Related to Certification
of Nonexempt Institutions).
(C)
The Board's review of the branch campus or extension center's
application for Board approval shall follow the procedure described in §7.5(d)(2)-(4)
of this title (relating to Administrative Procedures Related to Certification
of Nonexempt Institutions), concerning the Board's review of applications
for certificates of authority.
(D)
The Board shall consider the reports and recommendations
of the Commissioner, SACS, and the certification advisory council, and shall
make a final determination regarding approval or denial of the branch campus
or extension center at a regularly scheduled Board meeting.
(7)
The Board requires reviews, including site visits, of the
branch campus or extension center according to the schedule used for accreditation
of the main campus by the recognized accreditor. The review will be conducted
in the same manner as described in paragraph (1) of this subsection. The Commissioner
may deny continuing approval of any branch campus or extension site which
fails to maintain the conditions and standards on which approval was based.
(8)
In the event of any adverse determination made under the
authority of this section by the Board or the Commissioner, the institution
shall receive notice of the determination, and shall be given the reasons
for the denial in writing.
(9)
If a determination under this section is adverse to an
institution, it shall become final and binding unless, within 45 days of receipt
of the adverse determination, the institution invokes the administrative remedies
contained in Chapter 1, subchapter B of this title (relating to Hearings and
Appeals).
(b)
Standards for Off-Campus Operations at Exempt Institutions.
(1)
Legal Compliance. The institution shall be maintained and
operated in compliance with all applicable laws of the state in which the
institution is located, and with all Texas laws affecting its operations in
Texas, including the rules and regulations adopted to administer those laws.
The institution shall demonstrate that it is exempt from the requirement to
hold a certificate of authority to grant degrees by providing documentation
from an accreditor recognized by the Board demonstrating that the institution
is currently accredited.
(2)
Administration of the Branch Campus. There shall be an
appropriate and effective administrative structure between the main campus
and the off-campus unit. The character, education, and experience in higher
education of the local administrators shall be such as may reasonably ensure
that the students will receive education consistent with the objectives of
the course or program of study. Local faculty must have the same degree of
separation and independence from the administration that faculty on the main
campus enjoy.
(3)
Financial Resources and Stability. The institution shall
have a reasonable budget for the off-campus unit and must demonstrate adequate
reserves available to the off-campus unit to meet its responsibilities to
its Texas students.
(4)
Institutional Assessment. Continual and effective assessment,
planning, and evaluation of all aspects of the institution shall be conducted
to advance and improve the institution. These aspects include, but are not
limited to, the academic program of teaching, research, and public service;
administration; financial planning and control; student services; facilities
and equipment, and auxiliary enterprises.
(5)
Student Admission and Remediation.
(A)
Upon the admission of a student to any undergraduate program,
the institution shall document the student's level of preparation to undertake
college level work by obtaining proof of the student's high school graduation
or General Educational Development (GED) certification and by assessing the
student with appropriate diagnostic tests. If a GED is presented, to be valid,
the score must be at or above the passing level set by the Texas Education
Agency. The institution shall provide an effective program of remediation
for students diagnosed with deficiencies in their preparation for collegiate
study.
(B)
Upon the admission of a student to any graduate program,
the institution shall document that the student is prepared to undertake graduate-level
work by obtaining proof that the student holds a baccalaureate degree from
an institution accredited by a recognized accrediting agency or a degree from
a foreign institution equivalent to a baccalaureate degree from an accredited
institution. The institution shall follow standard practice in assessing the
credentials of students who graduated from foreign institutions.
(6)
Faculty Qualifications. The character, education, and experience
in higher education of the faculty shall be such as may reasonably ensure
that the students will receive an education consistent with the objectives
of the course or program of study.
(A)
Each faculty member teaching in an academic associate or
baccalaureate level degree program shall have at least a master's degree from
an institution accredited by a recognized agency with at least 18 graduate
semester credit hours in the discipline being taught.
(B)
At least 25 percent of the courses in an academic associate
or baccalaureate level major shall be taught by faculty members holding doctorates,
or other degrees generally recognized as the highest attainable in the discipline
being taught from institutions accredited by a recognized agency.
(C)
Each faculty member teaching technical or vocational courses
in a vocational associate degree program shall have at least an associate
degree in the discipline being taught from an institution accredited by a
recognized agency and at least three years of direct or closely related experience
in the discipline being taught.
(D)
Each faculty member teaching general education courses
in a vocational associate degree program shall meet the requirements for academic
associate faculty listed above.
(E)
Graduate level degree programs shall be taught by faculty
holding doctorates, or other terminal degrees, in the discipline being taught,
from institutions accredited by a recognized agency.
(F)
The institution may be justified in allowing a limited
number of faculty members to teach classes on the basis of their expertise
in the field, but the expertise, and not mere competence, should be well documented.
Difficulty in finding qualified faculty does not constitute a basis for an
exception.
(7)
Faculty Size. There shall be a sufficient number of faculty
holding full time teaching appointments who are accessible to the students
to ensure continuity and stability of the education program, adequate educational
association between students and faculty and among the faculty members, and
adequate opportunity for proper preparation for instruction and professional
growth by faculty members. Full time faculty on the main campus serving in
merely an assessment role at the off-campus unit do not contribute to meeting
the standard. There shall be at least one faculty member with a full-time
teaching assignment for each program at the off-campus unit.
(8)
Academic Freedom and Faculty Security. The institution
shall adopt, adhere to, and distribute to all members of the faculty a statement
of academic freedom assuring freedom in teaching, research, and publication.
All policies and procedures concerning promotion; tenure; and non-renewal
or termination of appointments, including for cause, shall be clearly published
in a faculty handbook, adhered to by the institution, and supplied to all
faculty. The specific terms and conditions of employment of each faculty member
shall be clearly described in a written document that shall be given to that
faculty member with a copy to be retained by the institution. If there are
separate provisions of employment for Texas branch faculty, those differences
must be explicitly stated to faculty in writing. If the differences are substantial,
there should be a separate faculty handbook for the Texas faculty.
(9)
Curriculum. The quality, content, and sequence of each
course, curriculum, or program of instruction, training, or study shall be
appropriate to the purpose of the institution and shall be such that the institution
may reasonably and adequately achieve the stated objectives of the course
or program. Substantially all of the courses in the areas of specialization
required for each degree program shall be offered in organized classes by
the institution, provided such courses are appropriate to the level of the
institution. The degree level, degree designation, and the designation of
the major course of study shall be appropriate to the curriculum offered and
shall be accurately listed on the student's diploma and transcript.
(10)
General Education.
(A)
Each associate or baccalaureate degree program shall contain
a general education component consisting of at least 25 percent of the total
hours required for graduation from the program.
(B)
This component shall be drawn from each of the following
areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural
Sciences and Mathematics. It shall include courses to develop skills in written
and oral communication and basic computer instruction.
(C)
Courses designed to correct deficiencies, remedial courses
for associate and baccalaureate programs, and leveling courses for graduate
programs, may not count toward general education requirements for the degree.
(D)
The applicant institution may arrange to have all or part
of the general education component taught by another institution, provided
that:
(i)
the applicant institution's faculty shall design the general
education requirement;
(ii)
there shall be a written agreement between the institutions
specifying the applicant institutions' general education requirements and
the manner in which they will be met by the providing institution;
(iii)
at least one-half of the courses shall be offered in
organized classes; and
(iv)
the providing institution shall be accredited by a recognized
accrediting agency.
(11)
Credit for Work Completed Outside a Collegiate Setting.
(A)
An institution awarding collegiate credit for work completed
outside a collegiate setting (outside a degree-granting institution accredited
by a recognized agency) shall establish and adhere to a systematic method
for evaluating that work, shall award credit only in course content which
falls within the authorized degree programs of the institution, in an appropriate
manner shall relate the credit to the student's current educational goals,
and shall subject the institution's process and procedures for evaluating
work completed outside a collegiate setting to ongoing review and evaluation
by the institution's teaching faculty. To these ends, recognized evaluative
examinations such as the advanced placement program (AP) or the college level
examination program (CLEP) may be used.
(B)
No more than 30 semester credit hours or 46 quarter credit
hours in a student's associate or baccalaureate degree program may be based
on work completed outside a collegiate setting and validated in the manner
set forth in subparagraph (A) of this paragraph. No graduate credit for work
completed outside a collegiate setting may be awarded. In no instance may
credit be awarded for life experience per se or merely for years of service
in a position or job.
(12)
Library.
(A)
The institution shall have in its possession or direct
control, properly catalogued, and readily available to its students and faculty
a sufficient quality and variety of library holdings to support adequately
its own curriculum. In addition, the institution shall supply access to educational
resources appropriate to support its program that are available by electronic
delivery, including access to the Internet, and shall make these educational
resources available in an active and effective manner.
(B)
The institution shall have adequate library facilities
for the library holdings, space for study, and workspace for the librarian
and library staff.
(C)
The librarian shall hold a graduate degree in library science
from an institution accredited by a recognized accrediting agency.
(D)
Arrangements made with other libraries for the use of library
materials shall be formalized in writing, the collection shall be validated
by the institution to be appropriate for the programs being offered, records
of usage by the students shall be kept, and the library shall be reasonably
accessible to the students and faculty.
(13)
Academic Records. Adequate records of each student's academic
performance shall be securely and permanently maintained by the institution.
(A)
The records for each student shall contain:
(i)
student contact and identification information, including
address and telephone number;
(ii)
records of admission documents, such as high school diploma
or GED (if undergraduate) or undergraduate degree (if graduate);
(iii)
records of all courses attempted, including grade; completion
status of the student, including the diploma, degree or award conferred to
the student; and
(iv)
any other information typically contained in academic
records.
(B)
Two copies of said records shall be maintained in secure
places.
(C)
Transcripts shall be provided upon request by a student,
subject to the institution's obligation, if any, to cooperate with the rules
and regulations governing state, and federally guaranteed student loans.
(14)
Facilities. The institution shall have adequate space,
equipment, and instructional materials to provide education of good quality.
Student housing owned, maintained, or approved by the institution, if any,
shall be appropriate, safe, and adequate.
(15)
Accurate and Fair Representation in Publications, Advertising,
and Promotion.
(A)
Neither the institution nor its agents shall engage in
advertising, recruiting, sales, collection, financial credit, or other practices
of any type which are false, deceptive, misleading, or unfair. Likewise, all
publications, by any medium, shall accurately and fairly represent the institution,
its programs, available resources, tuition and fees, and requirements.
(B)
The institution shall provide students, prospective students
prior to enrollment, and other interested persons with a catalog containing
information describing the purpose, length, and objectives of the programs
offered by the institution; its schedule of tuition, fees, and all other charges
and expenses necessary for completion of the course of study; its cancellation
and refund policy; a list of administrative personnel and faculty members,
including the degrees held by each person and the institutions awarding those
degrees; and such other material facts concerning the institution and the
program or course of instruction as are reasonably likely to affect the decision
of the student to enroll therein. Any disclosures specified by the Board or
defined in the rules shall be included. The cancellation and refund policy
of the institution shall be fair and applied equitably to the Texas residents.
(C)
Any special requirements, or limitations of program offerings,
for the students at the Texas branch must be made explicit in writing. This
may be accomplished by either a separate section in the catalog or a brochure
separate from the catalog. However, if a brochure is produced, the student
must also be given the regular catalog.
(D)
Upon satisfactory completion of the program of study, the
student shall be given appropriate educational credentials indicating the
degree level, degree designation, and the designation of the major course
of study, and a transcript accurately listing the information typically found
on such a document, subject to institutions' obligation, if any, to cooperate
with the rules and regulations governing state, and federally guaranteed student
loans.
(16)
Academic Advising and Counseling. The institution shall
provide an effective program of academic advising for all students enrolled.
The program shall include orientation to the academic program, academic and
personal counseling, career information and planning, placement assistance,
and testing services.
(17)
Student Handbook. The institution shall establish and
adhere to a clear and fair policy regarding due process in disciplinary matters,
and publish this policy in a handbook, which shall include other rights and
responsibilities of the students. This handbook shall be supplied to each
student upon enrollment in the institution.
(18)
Health Services. The institution shall provide an effective
program of health services and education reflecting the needs of the students.
The program shall include instruction on emergency and safety procedures at
the institution, including appropriate responses to illness, accident, fire,
and crime.
§7.10.Occasional Courses, Changes of Level at Exempt Institutions, and Out-of-State Public Institutions.
(a)
Occasional Courses. An exempt private institution may offer
occasional degree-credit courses at off-campus sites in Texas without prior
approval of the Board. Nonexempt private institutions must request prior Board
approval for all off-campus credit courses using forms provided by the Board.
(b)
Changes of Level for Exempt Private Institutions. An institution
which is exempt by accreditation from a recognized agency and which has established
stability by being so accredited for the previous ten years and which wishes
to expand to a different degree level not covered by its existing accreditation
shall, by submission of a letter to the Commissioner outlining the degree
or degrees to be offered at the higher level, be granted state authorization
to seek accreditation at the higher level with the recognized accrediting
agency. If the recognized accrediting agency does not extend accreditation
to the higher level or if the institution has not been accredited for ten
or more years, the institution may seek a certificate of authority under the
procedures listed in §7.6 of this title (relating to Certificate of Authority).
(c)
Out-of-State Public Institutions of Higher Education. An
out-of-state public institution of higher education as defined in §7.3
of this title (relating to Definitions) must have approval of the Board to
offer a course or a grouping of courses within the State of Texas (Texas Education
Code, Chapter 61, Subchapter H). The institution must submit a description
of its plans prior to offering courses, including information requested on
an application form furnished by the Board. The application will be subject
to review under the procedures listed in §7.6 of this title (relating
to Certificate of Authority).
§7.11.Revocation of Certificates of Nonexempt Institutions and Agents.
(a)
The Commissioner may revoke an institution's certificate
of authority to grant degrees at any time if the Commissioner finds that:
(1)
Any statement contained in an application for the certificate
is untrue;
(2)
The institution has failed to maintain the standards of
the Board, as described herein, on the basis of which the certificate was
granted;
(3)
Advertising or representations made on behalf of the institution
is deceptive or misleading; or
(4)
The institution has violated any provision of this subchapter.
(b)
The Commissioner may revoke an agent's certificate of registration
at any time if the Commissioner finds that:
(1)
Any statement contained in the application is untrue;
(2)
The institution represented has had its certificate of
authority revoked;
(3)
The agent has made false, deceptive, or misleading statements
while attempting to solicit residents of this state as students; or
(4)
The agent has violated any provision of this subchapter.
(c)
Notice of revocation under subsection (a) and (b) of this
section shall be provided to the certificate holder and shall contain information
regarding the reasons for the revocation.
(d)
Notice of revocation under subsection (b)(1), (3), or (4)
of this section shall also be given to the institution that the agent represented
or purported to represent. Immediately upon receipt of actual knowledge of
the agent's violation, or upon receipt of the Commissioner's notice, whichever
is earlier, the institution shall make every effort to:
(1)
divest the agent of the authority and of the apparent authority
to represent the institution;
(2)
notify the media through which the agent made the misrepresentations
of the actual facts; and
(3)
notify all students whose decision to enroll in the institution
was affected by the agent's misrepresentation, of the actual facts.
(e)
A revocation made pursuant to this section shall become
final and binding unless, within 45 days of its receipt of the notice of revocation,
the institution or agent invokes the administrative remedies contained in
Chapter 1, subchapter B of this title (relating to Hearings and Appeals).
§7.12.Prohibitions Applicable to Nonexempt Institutions.
(a)
A person or institution may not:
(1)
Grant, award, or purport to offer a degree on behalf of
a nonexempt institution unless the institution has been issued a certificate
of authority to grant the degree by the Board in accordance with the provisions
of the subchapter;
(2)
Represent that credits earned or granted by that person
or institution are applicable for credit toward a degree to be granted by
some other person or institution except under conditions and in a manner specified
under §7.6 of this title (relating to Certificate of Authority), and
approved by the Board, or represent that credits earned or granted are collegiate
in nature, including describing them as "college-level," or at the level of
any protected academic term;
(3)
Award an honorary degree on behalf of a private postsecondary
educational institution subject to the provisions of the subchapter, unless
the institution has been awarded a certificate of authority to award such
a degree, and, further, unless the degree shall plainly state on its face
that it is honorary;
(4)
Use the term "college," "university," "seminary," "school
of medicine," "medical school," "health science center," "school of law,"
"law school," or "law center," its abbreviation, or its foreign cognate in
the official name or title of a nonexempt private postsecondary educational
institution or describe an institution using any of these terms or a term
having a similar meaning, except as authorized by the Texas Education Code, §61.313.
(5)
Use the term "college," "university," "seminary," "school
of medicine," "medical school," "health science center," "school of law,"
"law school," or "law center," its abbreviation, or its foreign cognate in
the official name or title of an educational or training establishment or
describe an institution using any of these terms or a term having a similar
meaning, except as authorized by the Texas Education Code, §61.313; or
(6)
Act as an agent who solicits students for enrollment in
a private postsecondary educational institution subject to the provisions
of the subchapter without a certificate of registration.
(b)
Institutions Located on Federal Land in Texas. An institution
that is operating on land in Texas over which the federal government has exclusive
jurisdiction shall limit the recruitment of students and advertising of the
institution or its programs or courses to the confines of the federal land
and to the military or civilian employees and their dependents who work or
live on that land. The institution shall not enlist any agent, representative,
or institution to recruit or to advertise by any medium, the institution or
its programs or courses except on the federal land.
§7.13.Duties upon Dissolution of an Institution.
(a)
In the event any institution now or hereafter operating
in this state proposes to discontinue its operation, the chief administrative
officer, by whatever title designated, of said institution shall cause to
be filed with the Board the original or legible true copies of all such academic
records of said institution as may be specified by the Commissioner. Such
records shall include, without limitation:
(1)
such academic information as is customarily required by
colleges when considering students for transfer or advanced study; and
(2)
the academic records of each former student.
(b)
In the event it appears to the Commissioner that any records
of an institution that is discontinuing its operations are in danger of being
destroyed, secreted, mislaid, or otherwise made unavailable to the Board,
the Commissioner may seek, on the Board's behalf, court authority to take
possession of such records.
(c)
The Board shall maintain or cause to be maintained a permanent
file of such records coming into its possession.
§7.14.Procedures Related to the Assessment of Administrative Penalties.
(a)
If a person or institution violates a provision of this
subchapter, the Commissioner may assess an administrative penalty against
the person or institution as provided in §7.14 of this title (relating
to Procedures Related to the Assessment of Administrative Penalties).
(b)
The Commissioner shall send written notice by certified
mail to the person or institution charged with the violation. The notice shall
state the facts on which the penalty is based, the amount of the penalty assessed,
and the right of the person or institution to request a hearing.
(c)
The Commissioner's assessment shall become final and binding
unless, within 45 days of receipt of the notice of assessment, the person
or institution invokes the administrative remedies contained in Chapter 1,
subchapter B of this title (relating to Hearings and Appeals).
(d)
If the person or institution does not pay the amount of
the penalty within 30 days of the date on which the assessment becomes final,
the Commissioner may refer the matter to the attorney general for collection
of the penalty, plus court costs and attorney fees.
§7.15.Administrative Penalties.
(a)
Any person or institution that is neither exempt nor the
holder of a certificate of authority to grant degrees, shall be assessed an
administrative penalty of not less than $1,000 or more than $5,000 for, either
individually or through an agent or representative:
(1)
conferring or offering to confer a degree;
(2)
awarding or offering to award credits purported to be applicable
toward a degree to be awarded by another person or institution (except under
conditions and in a manner specified and approved by the Board);
(3)
representing that any credits offered are collegiate in
nature subject to the provisions of this subchapter;
(4)
Each degree conferred without authority, and each person
enrolled in a course or courses at the institution whose decision to enroll
was influenced by the misrepresentations, constitutes a separate offense.
(b)
Any person or institution that violates §7.12(a)(4)
or (5) of this title (relating to Prohibitions Applicable to Nonexempt Institutions)
shall be assessed an administrative penalty of not less than $1,000 or more
than $3,000.
(c)
Any agent who solicits students for enrollment in an institution
subject to the provisions of the subchapter without a certificate of registration
shall be assessed an administrative penalty of not less than $500 or more
than $1,000. Each student solicited without authority constitutes a separate
offense.
(d)
Any operations which are found to be in violation of the
law shall be terminated.
§7.16.Injunctions.
(a)
The Commissioner may report possible violations of this
subchapter to the attorney general. The attorney general, after investigation
and consultation with the Board, shall bring suit to enjoin further violations.
(b)
An action for an injunction under this section shall be
brought in a district court in Travis County.
§7.17.Civil Penalties.
(a)
A person who violates this subchapter or a rule adopted
under this subchapter is liable for a civil penalty in addition to any injunctive
relief or any other remedy allowed by law. A civil penalty may not exceed
$1,000 a day for each violation.
(b)
The attorney general, at the request of the Board, shall
bring a civil action to collect a civil penalty under this section.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301004
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR ASSOCIATE DEGREE-GRANTING INSTITUTIONS
19 TAC §9.141, §9.143
The Texas Higher Education Coordinating Board proposes amendments
to §9.141 and §9.143, concerning the general oversight of public
two-year colleges (Partnerships Between Secondary Schools and Public Two-Year
Associate Degree Granting Institutions). Specifically, the proposed amendments
clarify that the focus of the subchapter is on partnerships between secondary
schools and public two-year associate degree granting institutions and clarify
terminology.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed amendments 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. Hill has also determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of administering these sections will be the improved organization and
clarity of rules affecting public institutions of higher education. There
is no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the amended sections because they
will not significantly alter the requirements included in these sections.
There is no impact on local employment.
Comments on the proposed amendments to the rules may be submitted to Marshall
A. Hill, Texas Higher Education Coordinating Board, P. O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority;
Texas Education Code, §61.002, which establishes the Coordinating Board
as an agency charged to provide leadership and coordination for the Texas
higher education system; Texas Education Code, §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; and Texas Education Code, §§29.182,
29.184, 61.076(a), 61.851 through 61.855, 130.001(b)(3)-(4), 130.008, 130.090,
and 135.06(d), which authorize the Board to adopt policies and rules for public
two-year associate degree-granting institutions to enter into agreements with
secondary schools to offer courses which grant credit toward the student’s
high school academic requirements and/or college-level credit.
The amendments affect Texas Education Code, §61.002; Texas Education
Code, §61.051; and Texas Education Code, §§29.182, 29.184,
61.076(a), 61.851 through 61.855, 130.001(b)(3)-(4), 130.008, 130.090, and
135.06(d), §61.0651.
§9.141.Purpose.
(a)
The Coordinating Board encourages and supports partnerships
between secondary schools and public two-year associate degree-granting institutions,
including such initiatives as Tech-Prep and concurrent course credit which
allow secondary students to receive both high school and college-level credit
for college-level courses.
(b)
The purpose of this subchapter shall be to provide rules
and regulations for [
§9.143.Types of Partnerships.
(a)
(No change.)
(b)
Partnerships for Award of Concurrent Course
(Dual)
Credit. Partnerships between secondary schools and public two-year
associate degree-granting institutions in which the latter provide instruction
to high school students for immediate award of both high school credit and
college certificate and associate degree credit.
Rules covering these
partnerships may be found in Chapter 4, Subchapter D of this title (relating
to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).
(c)-(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301005
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §9.145
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 §9.145, concerning the general oversight of public two-year
colleges (Partnerships Between Secondary Schools and Public Two-Year Associate
Degree-Granting Institutions). Specifically, §9.145 is proposed for repeal
because its provisions will be covered in the proposed new Chapter 4, Subchapter
D, contemporaneously published in this issue of the
Texas Register
.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. There is no effect
on small businesses. There are no anticipated economic costs to persons who
are required to comply with the repealed and amended sections because they
will not significantly alter the requirements included in these sections.
There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Marshall
A. Hill, Texas Higher Education Coordinating Board, P. O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; Texas Education Code, §61.002, which establishes the Coordinating
Board as an agency charged to provide leadership and coordination for the
Texas higher education system; Texas Education Code, §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; and Texas Education Code, §§29.182,
29.184, 61.076(a), 61.851 through 61.855, 130.001(b)(3)-(4), 130.008, 130.090,
and 135.06(d), which authorize the Board to adopt policies and rules for public
two-year associate degree-granting institutions to enter into agreements with
secondary schools to offer courses which grant credit toward the student’s
high school academic requirements and/or college-level credit.
The repeal of the rules affect Texas Education Code, §61.002; Texas
Education Code, §61.051; and Texas Education Code, §§29.182,
29.184, 61.076(a), 61.851 through 61.855, 130.001(b)(3)-(4), 130.008, 130.090,
and 135.06(d), §61.0651.
§9.145.Concurrent Course Credit.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301017
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
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 delete the requirement that eligible students
must have attempted all coursework at a Texas public institution of higher
education and allow students to be eligible for the rebate if they have attempted
no more than 15 hours at institutions other than Texas public institutions
of higher education.
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 rule.
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 rule may be submitted to Marshall A. Hill, Texas
Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us.
The amendments 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 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)-(2)
(No change.)
(3)
They must have been a resident of Texas, [
(4)
They must have attempted no
more than 15 hours at institutions other than Texas public institutions of
higher education, and
(5)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301006
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§13.120 - 13.125
(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 §§13.120-13.125, concerning certification of adequacy
of financing for new degree programs and administrative changes at public
universities and health-related institutions. Proposals of new rules concerning
substantially the same matters are contemporaneously published in this issue
of the
Texas Register.
Specifically, the rules
proposed for repeal are being moved and renumbered as proposed rules being
published in this issue of the
Texas Register
as
part of the reorganization of Board rules.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated will be the
improved organization and clarity of rules affecting public institutions of
higher education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not alter the requirements included in
the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Marshall
A. Hill, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
The repeal of the rules affect Texas Education Code, §61.002; Texas
Education Code, §61.051; and Texas Education Code, §61.0651.
§13.120.Purpose.
§13.121.Authority.
§13.122.Statement on Funding.
§13.123.Identification of Sources of Funds.
§13.124.Statement of Effect on Existing Programs.
§13.125.Format and Transmission of Certification Statements.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301007
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§13.140 - 13.146
(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 §§13.140-13.146, concerning family practice residency
program. Proposals of new rules concerning substantially the same matters
are contemporaneously published in this issue of the
Texas Register.
Specifically, the rules proposed for repeal are being
renumbered and amended for clarification as proposed rules being published
in this issue of the
Texas Register
as part
of the reorganization of Board rules.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated will be the
improved organization and clarity of rules affecting public institutions of
higher education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not alter the requirements included in
the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Marshall
A. Hill, Texas Higher Education Coordinating Board, P. O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
The proposed repeal of the rules affect Texas Education Code, §61.002;
Texas Education Code §61.051; and Texas Education Code, §61.0651.
§13.140.Types of Grants.
§13.141.Requirements for a Family Practice Residency Operational Grant.
§13.142.Requirements for a Support Grant.
§13.143.Requirements for a Rural Rotations Reimbursement Grant.
§13.144.Requirements for a Public Health Rotation Reimbursement Grant.
§13.145.Review of Family Practice Residency Operational Grant Applications and Support Grant Applications.
§13.146.Amount of Family Practice Operational Grants and Support Grants.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301008
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §§13.160 - 13.164
(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 §§13.160-13.164, concerning graduate medical education
program. Proposals of new rules concerning substantially the same matters
are contemporaneously published in this issue of the
Texas Register.
Specifically, the rules proposed for repeal are being
renumbered and amended for clarification as proposed rules being published
in this issue of the
Texas Register
as part
of the reorganization of Board rules.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed repeal is in effect, there will not be any fiscal implications to
state or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated will be the
improved organization and clarity of rules affecting public institutions of
higher education. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the repealed sections
because the proposed new rules will not alter the requirements included in
the rules proposed for repeal. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Marshall
A. Hill, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The repeal of the rules is proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with general rule-making
authority; §61.002, which establishes the Coordinating Board as an agency
charged to provide leadership and coordination for the Texas higher education
system; §61.051, which provides the Coordinating Board with authority
to coordinate institutions of public higher education in promoting quality
education; and §61.0651, which charges the Board to adopt and recommend
management policies applicable to institutions of higher education in relation
to management of human resources and physical plants.
The proposed repeal of the rules affect Texas Education Code, §61.002;
Texas Education Code §61.051; and Texas Education Code, §61.0651.
§13.160.Purpose.
§13.161.Grants or Formula Distributions.
§13.162.Eligibility.
§13.163.Award of Funds.
§13.164.Advisory Committee.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301009
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §17.4
The Texas Higher Education Coordinating Board proposes amendments
to §§17.4(b)(7), 17.4(d)(2), 17.4(d)(6), and 17.4(h)(2), concerning
approval of projects. Specifically, these amendments would permit the Commissioner
to approve or evaluate new construction projects that add E&G space and
increase the thresholds for Committee and Board approval or evaluation of
projects that add E&G space.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Greene 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 more efficient Board meetings and board operations related
to Campus Planning activities. 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 proposed amendments may be submitted to Dr. Nancy Ellen
Soteriou, Acting Director, Campus Planning, P.O. Box 12788, Austin, Texas
78711 email: Nancy.Soteriou@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
amendment is also proposed under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
The amendments affect Texas Education Code, §61.0572.
§17.4.Delegation of Authority.
(a)
(No change.)
(b)
The Board authorizes the Commissioner to review or approve
the following types of projects on certification by the proposing institution’s
governing board that Board-approved criteria are met:
(1)-(6)
(No change.)
(7)
Construction of new E&G
space having a value of $1 million to $5 million.
(c)
(No change.)
(d)
The Coordinating Board authorizes the Campus Planning Committee
to approve the following types of projects:
(1)
(No change.)
(2)
Construction of new E&G space having a value of
greater than $5 million, but less than $10 million
[
(3)-(5)
(No change.)
(6)
Any new construction, major
R&R, or property acquisition submitted by a system that only affects the
system, and not a member institution.
(e)-(g)
(No change.)
(h)
The following types of projects shall be approved by the
Board:
(1)
(No change.)
(2)
Construction of new E&G space having a value
$10 million or greater
[
(3)-(4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301011
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §17.5
The Texas Higher Education Coordinating Board proposes an
amendment to §17.5(b)(2) concerning submission of projects. Specifically,
this amendment would decrease the number of days that projects must be submitted
to the Coordinating Board at the regularly scheduled Board meeting.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Greene 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 more efficient Board meetings and board operations related
to Campus Planning activities. 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 proposed amendment may be submitted to Dr. Nancy Ellen
Soteriou, Acting Director, Campus Planning, P.O. Box 12788, Austin, Texas
78711 email: Nancy.Soteriou@thecb.state.tx.us.
The amendment is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
amendment is also proposed under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
The amendment affects Texas Education Code, §61.0572.
§17.5.Application Procedures.
(a)
(No change.)
(b)
Project submission schedule:
(1)
(No change.)
(2)
Projects to be considered by the Campus Planning Committee
or the Board shall be submitted at least
70
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301010
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §17.10
The Texas Higher Education Coordinating Board proposes amendments
to §17.10(c) and §17.10(d) of Board rules concerning evaluation
considerations. Specifically, this amendment would correct threshold language
to be consistent with thresholds established in §17.4(a).
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Greene 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 more efficient Board meetings and board operations related
to Campus Planning activities. 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 proposed amendments to the rule may be submitted to Dr.
Nancy Ellen Soteriou, Acting Director, Campus Planning, P.O. Box 12788, Austin,
Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. These
amendments are also proposed under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
The amendments affect Texas Education Code, §61.0572.
§17.10.Evaluation Considerations.
(a)-(b)
(No change.)
(c)
The Board's consideration and determination shall be limited
to the purpose for which the new or remodeled buildings are to be used to
assure conformity with approved space utilization standards and the institution's
approved programs and role and mission if the cost of the project is not more
than $2,000,000
for remodeled buildings and $1,000,000 for new buildings
or additions.
(d)
The Board shall consider the purpose for which the new
or remodeled buildings are to be used and cost factors and the financial implications
of the project to the state if the total cost is in excess of $2,000,000
for remodeled buildings and $1,000,000 for new buildings or additions.
(e)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301012
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §17.40
(Editor's note: The text of the following section proposed for
repeal will not be published. The section 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 §17.40. Specifically, the repeal of this section would
clarify reporting requirements of the Master Plans and require institutions
to provide an annual report on any approved project to the Coordinating Board.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Greene 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 more efficient Board meetings and board operations related
to Campus Planning activities. 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 repeal of the rule may be submitted to Dr. Nancy Ellen
Soteriou, Acting Director, Campus Planning, P.O. Box 12788, Austin, Texas
78711 email: Nancy.Soteriou@thecb.state.tx.us.
The rule is being repealed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
new rule is also proposed under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
The repeal of the rule affects Texas Education Code, §61.0572.
§17.40.Required Reports.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301014
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
19 TAC §17.40
The Texas Higher Education Coordinating Board proposes new §17.40.
Specifically, this new rule would clarify reporting requirements of the Master
Plans and require institutions to provide an annual report on any approved
project to the Coordinating Board.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Greene 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 more efficient Board meetings and board operations related
to Campus Planning activities. 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 proposed new rule may be submitted to Dr. Nancy Ellen Soteriou,
Acting Director, Campus Planning, P.O. Box 12788, Austin, Texas 78711 email:
Nancy.Soteriou@thecb.state.tx.us.
The new rule is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
new rule is also proposed under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
The new rule affects Texas Education Code, §61.0572.
§17.40.Required Reports.
All general academic institutions, technical state colleges, health-related
institutions, Lamar State Colleges, and Texas A&M University System service
agencies are required to submit current data to the Coordinating Board for
the following reports.
(1)
Campus Master Plans
(A)
The Coordinating Board shall consider projects that are
included in campus master plan reports. A project that is not included in
the master plan may be considered if the Board determines that the institution,
even with careful planning, could not reasonably have foreseen the project
need.
(B)
Campus Master Plan (MP1) shall include:
(i)
any proposed new construction greater than $250,000, repair
and rehabilitation greater than $1,000,000, information resource project greater
than $1,000,000, and property purchase for any amount that may be submitted
within the next five years to the Coordinating Board;
(ii)
the funding source for any planned project identified
in paragraph (1)(B)(i) of this subsection that is not exempt from Coordinating
Board review; and
(iii)
a description of the proposals which the institution
plans to finance with the Higher Education Assistance Fund or Permanent University
Fund (Article VII, §§17 or 18, of the Texas Constitution.
(C)
On or before July 1 of every other year, beginning in 2002,
an institution must submit an update to its Campus Master Plan (MP1) on file
with the Coordinating Board.
(D)
Campus Master Plan (MP2) shall include a list of an institution’s
facilities deferred maintenance needs that cost greater than $10,000.
(E)
Campus Master Plan (MP3) shall include amount the institution
plans to designate each fiscal year for the next five years to address the
deferred maintenance listed in paragraph (1)(D) of this subsection.
(F)
Campus Master Plan (MP4) shall include amount of deferred
maintenance addressed in previous fiscal year.
(G)
On October 15 of each year, institutions must submit an
update to its Campus Master Plans (MP2), (MP3), and (MP4) on file at the Coordinating
Board.
(2)
Reports as required by the Coordinating Board’s Educational
Data Center.
(3)
Facilities inventory of building and rooms occupied or
in the control of an institution in a format specified by the Board. The inventory
shall be updated on an on-going basis and is subject to periodic audits.
(4)
Annually, from the date of approval, institutions shall
report the status of an approved project to the Coordinating Board. The report
shall include, but is not limited to: actual project cost; actual building
cost; actual GSF; actual NASF; actual E&G NASF; and actual source(s) of
funding. Reporting to the Coordinating Board on an annual basis shall cease
after the construction project is placed into service or the property acquisition
is consummated.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301013
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2003
For further information, please call: (512) 427-6162
Subchapter C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM FOR ALL LOANS WHICH ARE SUBJECT TO THE PROVISIONS OF THE FEDERAL FAMILY EDUCATION LOAN PROGRAM, THE COLLEGE ACCESS LOAN PROGRAM, THE HEALTH EDUCATION ASSISTANCE LOAN PROGRAM, AND THE HEALTH EDUCATION LOAN PROGRAM
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
Subchapter C. TESTING AND DEVELOPMENTAL EDUCATION
Subchapter D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES
Subchapter E. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES
Subchapter F. TEXAS STATE SCIENCE AND ENGINEERING FAIR
Chapter 5.
PROGRAM DEVELOPMENT
Subchapter B. CRITERIA FOR APPROVAL OF NEW BACCALAUREATE DEGREE PROGRAMS
Subchapter C. CRITERIA FOR APPROVAL OF NEW MASTER'S DEGREE PROGRAMS
Subchapter D. CRITERIA FOR APPROVAL OF NEW DOCTORAL DEGREE PROGRAMS
Subchapter E. PRESENTATION OF REQUEST FOR NEW ACADEMIC DEGREE PROGRAMS
Subchapter F. PRESENTATION OF REQUEST FOR ADMINISTRATIVE CHANGES
Subchapter G. APPROVAL OF LESS-THAN-BACCALAUREATE PROGRAMS IN SENIOR INSTITUTIONS
Subchapter H. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES
Subchapter I. TEXAS STATE SCIENCE AND ENGINEERING FAIR
Subchapter K. PRIVATE AND OUT-OF-STATE PUBLIC DEGREE-GRANTING INSTITUTIONS OPERATING IN TEXAS
Subchapter L. OPERATION OF OFF-CAMPUS EDUCATIONAL UNITS OF SENIOR COLLEGES AND UNIVERSITIES
Subchapter M. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC UNIVERSITIES
Subchapter N. GUIDELINES ON APPROVAL OF COURSE INVENTORIES FOR PUBLIC SENIOR INSTITUTIONS
Subchapter O. OFFERING OF SMALL CLASSES BY PUBLIC SENIOR COLLEGES AND UNIVERSITIES
Subchapter P. TESTING AND DEVELOPMENTAL EDUCATION
Subchapter Q. INSTITUTIONAL MISSION STATEMENTS
Subchapter R. MEDICAL AND HEALTH PROFESSIONS RECRUITMENT FUND
Subchapter S. CORE CURRICULUM TRANSFER AND FIELD OF STUDY CURRICULA
Subchapter T. TOBACCO LAWSUIT SETTLEMENT FUNDS
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter B. ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES
Subchapter C. APPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS
Subchapter D. OPERATION OF OFF-CAMPUS EDUCATIONAL UNITS OF PUBLIC SENIOR COLLEGES, UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS
Chapter 6.
HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS
Subchapter B. GRADUATE MEDICAL EDUCATION PROGRAM
Subchapter C. TOBACCO LAWSUIT SETTLEMENT FUNDS
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Chapter 9.
PROGRAM DEVELOPMENT IN PUBLIC COMMUNITY/JUNIOR COLLEGE DISTRICTS AND TECHNICAL COLLEGES
public two-year associate degree-granting institutions
in
] partnership initiatives with secondary schools
that are unique
to public two-year associate degree-granting institutions. Rules for partnerships
that concern dual/concurrent credit may be found in Chapter 4, Subchapter
D of this title (relating to Dual Credit Partnerships Between Secondary Schools
and Texas Public Colleges).
Chapter 13.
FINANCIAL PLANNING
must have
attempted all coursework at a Texas public institution of higher education,
] and have been entitled to pay resident tuition at all times while
pursuing the degree, [
and
]
(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, courses [
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.
Subchapter G. PROCEDURES FOR CERTIFICATION OF ADEQUACY OF FUNDING
Subchapter H. PROCEDURES AND CRITERIA FOR FUNDING OF FAMILY PRACTICE RESIDENCY PROGRAMS
Subchapter I. PROCEDURES AND CRITERIA FOR FUNDING GRADUATE MEDICAL EDUCATION PROGRAMS
Chapter 17.
CAMPUS PLANNING
$1 million
to $5 million
].
over $5 million.
]
60
] days
prior to the regularly scheduled Board meeting at which consideration is desired.
Subchapter B. NEW CONSTRUCTION AND REPAIR AND REHABILITATION PROJECTS
Subchapter E. INSTITUTIONAL REPORTING
Chapter 21.
STUDENT SERVICES