TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 12. PROPRIETARY SCHOOLS

Subchapter B. GENERAL PROVISIONS

19 TAC §12.30

The Texas Higher Education Coordinating Board adopts an amendment to §12.30, concerning the Texas Academic Skills Program (TASP) test for students enrolled at degree-granting proprietary institutions, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10845) and will not be republished. Specifically, the amendment puts into rule congruent policy for meeting TASP requirements for students attending degree-granting proprietary institutions.

One comment was received from the Corporate Director of Regulatory Affairs for the Westwood College of Technology (Fort Worth and Dallas campuses) as follows:

Comment: The comments received were strongly supportive of the proposed changes.

Response: Staff agreed. Because these comments were favorable, no changes were made.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300975

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Chapter 13. FINANCIAL PLANNING

Subchapter K. TECHNOLOGY WORKFORCE DEVELOPMENT GRANT PROGRAM

19 TAC §13.194

The Texas Higher Education Coordinating Board adopts amendments to §13.194, concerning confidentiality of information related to the proposal evaluation for the grant awards under the Technology Workforce Development Grant Program without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10846) and will not be republished.

Specifically, this amendment makes confidential any information related to the evaluation and selection of proposals for the Technology Workforce Development Grant Program except copies of the reviews will be given to each project leader without the identity of the reviewer and the names and affiliations will be published as a group after the review. At the same time, the term "project leader" used in Section 13.194 is substituted for the term "individual investigator", because the grant programs are not subject to investigation but are projects requiring a leader.

There were no comments received in response to the amendments.

The amendments are adopted under the Texas Education Code, §51.837(a), which provides the Coordinating Board with the authority to award grants under Technology Workforce Development Grant Program on a competitive, peer-review basis and Texas Education Code, §61.051(p), which provides the Coordinating Board with the authority to administer trusteed funds, grant programs, research competition awards, and other funds and program as directed by the legislature.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300976

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Chapter 14. RESEARCH FUNDING PROGRAMS

Subchapter A. GENERAL PROVISIONS

19 TAC §14.1, §14.2

The Texas Higher Education Coordinating Board adopts new §14.1 and §14.2, concerning the administration of the Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program (Definitions) without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10847) and will not be republished. Specifically, these new rules describe the processes for the application and review of proposals, appeals by denied applicants, and suspension and termination of grants. Provisions regarding the confidentiality of information related to the application and review of proposals are also included in the new sections.

One comment was received from The Office of Research Services, Texas Tech University as follows:

Comment: The Office of Research Services, Texas Tech University asked how a declined project that requested reconsideration and obtained an award would be funded.

Response: It is typically the case that not all of the awards made to institutions can be accepted. For example, the American Heart Association may award a grant for similar research and the PI elects not to accept the CB award or a PI leaves Texas. Also, institutions continue to return unexpended funds from expired or terminated projects. The project would be held until the funds became available. In past years, it has been the case that additional awards are granted in January and April for projects that are next in line as funds became available. It is important to note that reconsideration does not protect a proposal from the fierce competition characteristic of these programs. Reconsideration would require the proposal to be re-evaluated relative to other proposals that were judged by that panel. However, no awarded grants would be retracted in the reconsideration process. No changes to the proposed rules were made as a result of this comment.

The new rules are adopted under the Texas Education Code, §§142.003 and 143.004 which provides the Coordinating Board with the authority to administer the Advanced Research Program and the Advanced Technology Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300977

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter B. ADVANCED RESEARCH PROGRAM

19 TAC §§14.11 - 14.13

The Texas Higher Education Coordinating Board adopts new §§14.11-14.13, concerning the administration of the Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program (Advanced Research Program) without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10847) and will not be republished. Specifically, these new rules describe the processes for the application and review of proposals, appeals by denied applicants, and suspension and termination of grants. Provisions regarding the confidentiality of information related to the application and review of proposals are also included in the new sections.

One comment was received from The Office of Research Services, Texas Tech University as follows:

Comment: The Office of Research Services, Texas Tech University asked how a declined project that requested reconsideration and obtained an award would be funded.

Response: It is typically the case that not all of the awards made to institutions can be accepted. For example, the American Heart Association may award a grant for similar research and the PI elects not to accept the CB award or a PI leaves Texas. Also, institutions continue to return unexpended funds from expired or terminated projects. The project would be held until the funds became available. In past years, it has been the case that additional awards are granted in January and April for projects that are next in line as funds became available. It is important to note that reconsideration does not protect a proposal from the fierce competition characteristic of these programs. Reconsideration would require the proposal to be re-evaluated relative to other proposals that were judged by that panel. However, no awarded grants would be retracted in the reconsideration process. No changes to the proposed rules were made as a result of this comment.

The new rules are adopted under the Texas Education Code, §§142.003 and 143.004 which provides the Coordinating Board with the authority to administer the Advanced Research Program and the Advanced Technology Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300978

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter C. ADVANCED TECHNOLOGY PROGRAM

19 TAC §§14.31 - 14.33

The Texas Higher Education Coordinating Board adopts new §§14.31-14.33, concerning the administration of the Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program (Advanced Technology Program) without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10847) and will not be republished. Specifically, these new rules describe the processes for the application and review of proposals, appeals by denied applicants, and suspension and termination of grants. Provisions regarding the confidentiality of information related to the application and review of proposals are also included in the new sections.

One comment was received from The Office of Research Services, Texas Tech University as follows:

Comment: The Office of Research Services, Texas Tech University asked how a declined project that requested reconsideration and obtained an award would be funded.

Response: It is typically the case that not all of the awards made to institutions can be accepted. For example, the American Heart Association may award a grant for similar research and the PI elects not to accept the CB award or a PI leaves Texas. Also, institutions continue to return unexpended funds from expired or terminated projects. The project would be held until the funds became available. In past years, it has been the case that additional awards are granted in January and April for projects that are next in line as funds became available. It is important to note that reconsideration does not protect a proposal from the fierce competition characteristic of these programs. Reconsideration would require the proposal to be re-evaluated relative to other proposals that were judged by that panel. However, no awarded grants would be retracted in the reconsideration process. No changes to the proposed rules were made as a result of this comment.

The new rules are adopted under the Texas Education Code, §§142.003 and 143.004 which provides the Coordinating Board with the authority to administer the Advanced Research Program and the Advanced Technology Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300979

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter D. TECHNOLOGY DEVELOPMENT AND TRANSFER PROGRAM

19 TAC §§14.51 - 14.53

The Texas Higher Education Coordinating Board adopts new §§14.51-14.53, concerning the administration of the Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program (Technology Development and Transfer Program) without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10847) and will not be republished. Specifically, these new rules describe the processes for the application and review of proposals, appeals by denied applicants, and suspension and termination of grants. Provisions regarding the confidentiality of information related to the application and review of proposals are also included in the new sections.

One comment was received from The Office of Research Services, Texas Tech University as follows:

Comment: The Office of Research Services, Texas Tech University asked how a declined project that requested reconsideration and obtained an award would be funded.

Response: It is typically the case that not all of the awards made to institutions can be accepted. For example, the American Heart Association may award a grant for similar research and the PI elects not to accept the CB award or a PI leaves Texas. Also, institutions continue to return unexpended funds from expired or terminated projects. The project would be held until the funds became available. In past years, it has been the case that additional awards are granted in January and April for projects that are next in line as funds became available. It is important to note that reconsideration does not protect a proposal from the fierce competition characteristic of these programs. Reconsideration would require the proposal to be re-evaluated relative to other proposals that were judged by that panel. However, no awarded grants would be retracted in the reconsideration process. No changes to the proposed rules were made as a result of this comment.

The new rules are adopted under the Texas Education Code, §§142.003 and 143.004 which provides the Coordinating Board with the authority to administer the Advanced Research Program and the Advanced Technology Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300980

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter E. PROCEDURAL ADMINISTRATION OF THE RESEARCH FUNDING PROGRAMS

19 TAC §§14.71 - 14.79

The Texas Higher Education Coordinating Board adopts new §§14.71 - 14.79, concerning the administration of the Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program (Procedural Administration of the Research Funding Programs) without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10847) and will not be republished. Specifically, these new rules describe the processes for the application and review of proposals, appeals by denied applicants, and suspension and termination of grants. Provisions regarding the confidentiality of information related to the application and review of proposals are also included in the new sections.

One comment was received from The Office of Research Services, Texas Tech University as follows:

Comment: The Office of Research Services, Texas Tech University asked how a declined project that requested reconsideration and obtained an award would be funded.

Response: It is typically the case that not all of the awards made to institutions can be accepted. For example, the American Heart Association may award a grant for similar research and the PI elects not to accept the CB award or a PI leaves Texas. Also, institutions continue to return unexpended funds from expired or terminated projects. The project would be held until the funds became available. In past years, it has been the case that additional awards are granted in January and April for projects that are next in line as funds became available. It is important to note that reconsideration does not protect a proposal from the fierce competition characteristic of these programs. Reconsideration would require the proposal to be re-evaluated relative to other proposals that were judged by that panel. However, no awarded grants would be retracted in the reconsideration process. No changes to the proposed rules were made as a result of this comment.

The new rules are adopted under the Texas Education Code, §§142.003 and 143.004 which provides the Coordinating Board with the authority to administer the Advanced Research Program and the Advanced Technology Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300981

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter F. SUPPLEMENTAL GRANTS PROGRAM FOR HIGH SCHOOL TEACHERS

19 TAC §§14.91 - 14.95

The Texas Higher Education Coordinating Board adopts new §§14.91 - 14.95, concerning the administration of the Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program (Supplemental Grants Program for High School Teachers) without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10847) and will not be republished. Specifically, these new rules describe the processes for the application and review of proposals, appeals by denied applicants, and suspension and termination of grants. Provisions regarding the confidentiality of information related to the application and review of proposals are also included in the new sections.

One comment was received from The Office of Research Services, Texas Tech University as follows:

Comment: The Office of Research Services, Texas Tech University asked how a declined project that requested reconsideration and obtained an award would be funded.

Response: It is typically the case that not all of the awards made to institutions can be accepted. For example, the American Heart Association may award a grant for similar research and the PI elects not to accept the CB award or a PI leaves Texas. Also, institutions continue to return unexpended funds from expired or terminated projects. The project would be held until the funds became available. In past years, it has been the case that additional awards are granted in January and April for projects that are next in line as funds became available. It is important to note that reconsideration does not protect a proposal from the fierce competition characteristic of these programs. Reconsideration would require the proposal to be re-evaluated relative to other proposals that were judged by that panel. However, no awarded grants would be retracted in the reconsideration process. No changes to the proposed rules were made as a result of this comment.

The new rules are adopted under the Texas Education Code, §§142.003 and 143.004 which provides the Coordinating Board with the authority to administer the Advanced Research Program and the Advanced Technology Program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300982

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Chapter 21. STUDENT SERVICES

Subchapter E. TUITION EQUALIZATION GRANTS PROGRAM

19 TAC §21.132

The Texas Higher Education Coordinating Board adopts the repeal of §21.132, concerning affirmations for the Tuition Equalization Grant Program, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10853).

Specifically, repeal of this section will correct an error made in 1995, when state grant program rules were re-written and adopted as Chapter 22 of Board rules. This section of Chapter 21 was inadvertently left behind, although new rules governing the Tuition Equalization Grant program were adopted as Subchapter B, Chapter 22.

There were no comments received regarding the repeal of this section.

The repeal is adopted under the Texas Education Code, §61.229, which gives the Coordinating Board the authority to make any regulations consistent with the purposes and policies of the Program and to enforce its requirements, conditions, and limitations.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300983

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter G. TEXAS PUBLIC EDUCATIONAL GRANTS PROGRAM

19 TAC §21.182

The Texas Higher Education Coordinating Board adopts the repeal of §21.182, concerning affirmations for the Texas Public Educational Grant Program, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10853).

Specifically, repeal of this section will correct an error made in 1995, when state grant program rules were re-written and adopted as Chapter 22 of Board rules. This section of Chapter 21 was inadvertently left behind, although new rules governing the Texas Public Educational Grant program were adopted as Subchapter D, Chapter 22.

There were no comments received regarding the repeal of this rule.

The repeal of this rule is adopted under the Texas Education Code, §61.229, which gives the Coordinating Board the authority to make any regulations consistent with the purposes and policies of the Program and to enforce its requirements, conditions, and limitations.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300984

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Chapter 22. GRANT AND SCHOLARSHIP PROGRAMS

Subchapter A. GENERAL PROVISIONS FOR ALL GRANT AND SCHOLARSHIP PROGRAMS DESCRIBED IN THIS CHAPTER

19 TAC §22.6

The Texas Higher Education Coordinating Board adopts amendments to §22.6(e)(2), concerning the general provisions for all grants and scholarships described in Chapter 22, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10854).

Specifically, these amendments will make the general provisions applicable to all programs described in Chapter 22, rather than containing an exception for the Tuition Equalization Grant and the Scholarships for Professional Nursing Students.

There were no comments received regarding the amendments.

The amendments are adopted under the Texas Education Code, §61.027, which provides the Coordinating Board with the general authority to adopt rules to effectuate the provisions of the chapter; Texas Education Code, §61.229, which provides the Coordinating Board with the authority to make reasonable regulations to enforce the requirements, conditions, and limitations of the Tuition Equalization Grant; Texas Education Code, §56.034, which gives the Coordinating Board the implied authority to adopt regulations for the Texas Public Educational Grants; Texas Education Code, §61.656, which provides the Coordinating Board with the authority to adopt rules necessary for the administration of the Scholarship Program for Professional Nursing and Vocational Nursing Students; Texas Education Code, §61.755, which provides the Coordinating Board with the authority to adopt rules necessary for the administration of the Scholarships for Fifth-Year Accounting Students; Texas Education Code, §56.303(a), which provides the Coordinating Board with the general authority to adopt rules to implement the provisions of the chapter; as well as Texas Education Code, §56.353(a), which provides the Coordinating Board with the general authority to adopt rules to implement the provisions of the chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300985

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.25

The Texas Higher Education Coordinating Board adopts amendments to §22.25, concerning refunds for the Tuition Equalization Grant Program, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10854).

Specifically, the amendments will make the refund provision consistent with the refund policies of the other grants administered by the Board and in accordance with the General Provisions of §22.6.

There were no comments received regarding the amendments.

The amendments are adopted under the Texas Education Code, §61.221, which provides the Coordinating Board with the authority to administer Tuition Equalization Grants and Texas Education Code, §61.229, which gives the Coordinating Board the authority to make any regulations consistent with the purposes and policies of the Program and to enforce its requirements, conditions, and limitations.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300986

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter E. TEXAS NEW HORIZONS SCHOLARSHIP PROGRAM

19 TAC §22.84

The Texas Higher Education Coordinating Board adopts amendments to §22.84, concerning selection of recipients for the Texas New Horizons Scholarship program, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10855).

Specifically, this amendment will make the eligibility requirements reflect the legislative intent to phase out the Program, as evidenced by its repeal of the statutory basis for the Program, Texas Education Code, §54.216.

There were no comments received regarding the amendments.

The amendments are adopted under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules to effectuate the programs under its administration.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300987

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter G. PROVISIONS FOR THE SCHOLARSHIP PROGRAMS FOR PROFESSIONAL NURSING STUDENTS

19 TAC §22.128

The Texas Higher Education Coordinating Board adopts amendments to §22.128, concerning refunds for the Scholarship Programs for Professional Nursing Students, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10856).

Specifically, the amendments will make the refund provision consistent with the refund policies of the other grants administered by the Board and in accordance with the General Provisions of §22.6.

There were no comments received regarding the amendments.

The amendments are adopted under the Texas Education Code, §61.652, which provides the Coordinating Board with the authority to administer funds for the Scholarship Programs for Professional Nursing Students as well as Texas Education Code, §61.656(b), which provides the Coordinating Board the authority to adopt rules relating to the establishment of the scholarship program.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300988

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter J. PROVISIONS FOR THE TEXAS TUITION ASSISTANCE GRANT PROGRAM

19 TAC §22.183

The Texas Higher Education Coordinating Board adopts amendments to §22.183, concerning the eligible students provisions for the Texas Tuition Assistance Grant Program, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10856).

Specifically, the amendments will make the eligibility requirements reflect the legislative intent to phase out the Program, as evidenced by its repeal of the statutory basis for the Program, Texas Education Code, §§56.101 - 56.108.

There were no comments received regarding the amendments.

The amendments are adopted under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules to effectuate the programs under its administration.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300989

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter K. PROVISIONS FOR THE TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM

19 TAC §§22.201 - 22.205

The Texas Higher Education Coordinating Board adopts the repeal of §§22.201 - 22.205, concerning the Texas Educational Opportunity Grant Program, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10857).

Specifically, repeal of this subchapter will make the rules consistent with the actual and current statutory status of the program, since the Legislature has repealed this grant program.

There were no comments received regarding the repeal of these rules.

The repeal of the rules is adopted under the Texas Education Code, §61.027, the Coordinating Board's general rulemaking authority that grants the power to make rules that effectuate the provisions of the chapter.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300990

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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


Subchapter L. TOWARD EXCELLENCE, ACCESS AND SUCCESS (TEXAS) GRANT PROGRAM

19 TAC §§22.226, 22.228, 22.229, 22.232

The Texas Higher Education Coordinating Board adopts amendments to §§22.226, 22.228, 22.229 and 22.232, concerning the definitions, student eligibility requirements, hardship provisions and awards and adjustments for the Toward EXcellence, Access and Success Grant Program. Section 22.228 is adopted with changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10857). Sections 22.226, 22.229, and 22.232 are adopted without changes and will not be republished.

Specifically, the amendments will clarify information needed on the report submitted to the Board regarding encumbering funds, remove references to the Teach for Texas Conditional Grant, clarify that a student must be enrolled in an undergraduate degree or certificate program, clarify if a student graduates from a private high school that the high school must be accredited by the Texas Education Agency, clarify that a student must enroll in higher education within 16 months of high school graduation, and clarify requirements for receiving an award through the program.

There were no comments received regarding the amendments.

The amendments are adopted under the Texas Education Code, §56.302, which provides the Coordinating Board with the authority to provide a grant of money to enable eligible students to attend public and private institutions of higher education in this state.

§22.228.Eligible Students.

(a) To receive an initial award through the TEXAS Grant Program, a student must:

(1) be a resident of Texas;

(2) show financial need;

(3) have applied for any available financial aid assistance;

(4) be enrolled, unless approved under §22.229(a) of this title (relating to Hardship Provisions), at least three-quarter time in an undergraduate degree or certificate program at an eligible institution;

(5) be enrolled in an undergraduate degree or certificate program and not have been granted a baccalaureate degree;

(6) meet one of the two following conditions:

(A) be a graduate of a public or accredited private high school in this state not earlier than the 1998-99 school year; having completed the recommended or advanced high school curriculum established under the Texas Education Code, §28.002 or §28.025, or its equivalent (except as indicated in paragraph (7) of this subsection), and unless granted a hardship extension in keeping with §22.229 of this title, enroll as an entering undergraduate student not later than the end of the 16th month after the month of high school graduation; or

(B) have received an associate degree from an eligible institution no earlier than May 1, 2001, and re-enroll not later than the end of the 12th month after the month the person receives an associate degree from an eligible institution;

(7) if a graduate of a public high school certified by its district not to offer all the courses necessary to complete all parts of the recommended or advanced high school curriculum, have completed all courses at the high school offered toward the completion of such a curriculum and enroll in an eligible institution not later than the end of the 16th month after the month of high school graduation (unless granted a hardship extension in keeping with §22.229 of this title); and

(8) if a graduate of a private high school, graduate from a high school identified by the Texas Education Agency as accredited so the high school transcript can be accepted as equivalent to the recommended or higher curriculum offered by public high schools.

(b) To receive a continuation award through the TEXAS Grant Program, a student must:

(1) have previously received an initial award through this program;

(2) show financial need;

(3) unless approved under §22.229 of this title, be enrolled at least three-quarter time;

(4) be enrolled in an undergraduate degree or certificate program at an eligible institution;

(5) not have been granted a baccalaureate degree; and

(6) make satisfactory academic progress towards an undergraduate degree or certificate, which requires:

(A) in the person's first academic year that he or she meet the satisfactory academic progress requirements as indicated by the financial aid office of his or her institution; and

(B) in subsequent years, completion of at least 75 percent of the hours attempted in the student's most recent academic year, and maintenance of an overall grade point average of at least 2.5 on a four point scale or its equivalent;

(7) have received a TEXAS grant for no more than 150 semester credit hours or the equivalent of no more than 90 semester credit hours for individuals eligible for TEXAS Grants based on receipt of an associate's degree; and

(8) if already awarded an undergraduate certificate or associate degree while receiving a TEXAS grant, enroll in a program leading to a higher-level undergraduate degree no later than the end of the 12th month after the month the person receives the certificate or degree.

(c) Unless granted a hardship postponement in accordance with §22.229(c) of this title, a student's eligibility for a TEXAS grant ends six years from the start of the semester or term in which the student received his or her initial award of a TEXAS grant if the student's eligibility for a TEXAS Grant was based on his or her high school performance. Unless granted a hardship postponement in accordance with §22.229(c) of this title, a student's eligibility ends four years from the date of the semester or term in which the student received his or her initial award of a TEXAS grant if the student's eligibility was based on receiving an associate's degree.

(d) A person is not eligible to receive an initial or continuation TEXAS grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or

(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a TEXAS grant.

(e) If a person fails to meet any of the requirements for receiving a continuation award as outlined in subsection (b) of this section after completion of any year, the person may not receive a TEXAS grant until he or she completes courses while not receiving a TEXAS grant and meets all the requirements of subsection (b) of this section as of the end of that period of enrollment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 10, 2003.

TRD-200300991

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Effective date: March 2, 2003

Proposal publication date: November 22, 2002

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