Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
19 TAC §4.22, §4.23
The Texas Higher Education Coordinating Board proposes amendments
to §4.22 and §4.23 of Board rules, concerning the Texas Common Course
Numbering System (TCCNS). Specifically, the amendments implement a change
mandated by Texas Education Code, §61.832. The amendments provide the
statutory citation for the Board’s authority to approve the TCCNS, and
add a formal definition of the TCCNS.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of administering
these sections will be the improved organization and clarity for students
of information affecting academic course transfer between 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 amendments may be submitted to Marshall A. Hill,
Ph.D., Texas Higher Education Coordinating Board, P. O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §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 §61.832,
which instructs the Board to cooperate with institutions of higher education
in the development of rules for the administration and applicability of the
TCCNS.
The amendments affect Texas Education Code, §61.822(b); TEC, §61.830;
and TEC, §61.832.
§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-
832
[
§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) - (4)
(No change.)
(5)
Texas Common Course Numbering
System (TCCNS)--a course numbering system for lower-division courses that
assigns common course numbers to lower-division academic courses in order
to facilitate the transfer of courses among institutions of higher education
by promoting consistency in course designation and identification.
(6)
[
(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.
(7)
[
(8)
[
(9)
[
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 5, 2004.
TRD-200400745
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §4.35
The Texas Higher Education Coordinating Board proposes new §4.35
to Board rules, concerning the Texas Common Course Numbering System (TCCNS).
Specifically, the new section implements a change mandated by Texas Education
Code, §61.832. Existing rules are expanded to include new §4.35
that approves the use of the TCCNS by institutions of higher education. A
uniform manner of use is prescribed in this section for all institutions of
public 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 rules.
Dr. Hill has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of administering
these sections will be the improved organization and clarity for students
of information affecting academic course transfer between 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 section may be submitted to Marshall A. Hill,
Ph.D., Texas Higher Education Coordinating Board, P. O. Box 12788, Austin,
Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposed rules in
the
Texas Register
.
The new section 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 §61.832,
which instructs the Board to cooperate with institutions of higher education
in the development of rules for the administration and applicability of the
TCCNS.
The new section affects Texas Education Code, §61.822(b); TEC, §61.830;
and TEC, §61.832.
§4.35.Texas Common Course Numbering System.
(a)
Each institution shall include the applicable course numbers
from the TCCNS in its printed and electronic catalogs, course listings, and
any other appropriate informational resources, and in the application of the
provisions of this subchapter. Institutions that do not use the TCCNS taxonomy
as their sole means of course numbering shall publish the following information
in their printed and electronic catalogs, course listings, and any other appropriate
informational resources.
(1)
The TCCNS prefix and number must be displayed immediately
adjacent to the institutional course prefix and number (e.g. ENG 101 (ENGL
1301); and
(2)
The printed and electronic catalogs shall include a chart,
table, or matrix, alphabetized by common course prefix, listing all common
courses taught at the institution by both the common and local course number.
For printed catalogs, the chart, table, or matrix should be referenced in
a table of contents and/or a subject index.
(b)
Each institutional catalog shall include an explanation
of the TCCNS and the significance of TCCNS courses for transfer purposes.
(c)
Each institution shall comply with the requirements of
sections (a) and (b) no later than September 1, 2005.
(d)
For good cause, the Commissioner may approve an exemption
from the requirements of 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 5, 2004.
TRD-200400744
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §4.54
The Texas Higher Education Coordinating Board proposes amendments
to §4.54 of Board rules concerning exemption from the requirements of
the Texas Success Initiative. Specifically, these amendments exempt high school
students who achieve certain standards on the Mathematics and English/Language
Arts sections of the exit-level Texas Assessment of Knowledge and Skills from
state-mandated testing for college readiness, and renumber the paragraphs.
Michael L. Collins, Assistant Commissioner, has determined that for each
year of the first five years the amendments are in effect, there will not
be any fiscal implications to state or local government as a result of enforcing
or administering the amended rule.
Mr. Collins has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be a greater alignment of secondary
and post-secondary academic standards. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Michael L. Collins, Texas
Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or
by e-mail at michael.collins@thecb.state.tx.us. Comments will be accepted
for 30 days following publication of the proposed rules in the
Texas Register
.
The amendments are proposed under the Texas Education Code, §51.3062
and Texas Education Code, §51.307, which provide the Coordinating Board
with the authority to propose rules concerning the Success Initiative.
The amendments affect the Texas Education Code, §51.3062.
§4.54.Exemptions/Exceptions.
(a)
The following students shall be exempt from the requirements
of this title:
(1) - (2)
(No change.)
(3)
For a period of three (3) years from the
date of testing, a student who is tested and performs on the Eleventh grade
exit-level Texas Assessment of Knowledge and Skills (TAKS) with a minimum
scale score of 2200 on the math section and a minimum scale score of 2200
on the English Language Arts section with a writing subsection score of at
least 3, shall be exempt from assessment required under this title for those
corresponding sections.
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(b)
(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 6, 2004.
TRD-200400780
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. DEFINITIONS
19 TAC §8.1
The Texas Higher Education Coordinating Board proposes amendments
to §8.1, concerning creation, expansion, dissolution, or conservatorship
of public community/junior college districts. Specifically, the Board proposes
amendments to §8.1 updating references to Board rules that have changed
with the repeal and adoption of other Board rules amendments, and propose
an amendment to §8.1 to include a general definition of community colleges
as including junior colleges.
Dr. Glenda O. Barron has determined that for each year of the first five
years the amendments are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
amended rule.
Dr. Barron has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be to clarify and in some cases simplify
Board rules concerning formation, dissolution, expansion, and conservatorship
of public community college districts. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(b)
and (c), 61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and
Chapter 130, Subchapters B and C, which provides the Coordinating Board with
the authority to adopt policies, enact regulations, and establish rules for
the creation of public community college districts, the dissolution of a public
community college district, the approval of a branch campus maintenance tax,
the approval of a branch campus, and the conservatorship of a public community
college district.
The amendments affect Texas Education Code §§61.051(b) and (c),
61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter
130, Subchapters B and C.
§8.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1) - (2)
(No change.)
(3)
Branch Campuses of Community[
(4) - (6)
(No change.)
(7)
Extension Center or Extension Facility--Any single or multiple
location other than the main campus of a community[
(8)
(No change.)
(9)
Governing Board--The body charged with policy direction
of any public community[
(10)
(No change.)
(11)
Inactive Public Community[
(12)
Public Community College--Any public
junior college or public community college as defined in Texas Education Code, §61.003
and §130.005, and whose role, mission, and purpose is outlined in Texas
Education Code, §130.0011 and §130.003.
(13)
[
(14)
[
(A)
terminate the employment of any employee whose conduct
the board determines contributed to the condition that caused the conservatorship;
(B)
employ personnel for the agency;
(C)
change the agency's organization or structure as necessary
to alleviate the conditions that caused the conservatorship; and
(D)
contract with persons for management or administrative
services necessary to effect the conservatorship.
(15)
[
(16)
[
(17)
[
(18)
[
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 5, 2004.
TRD-200400748
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§8.21 - 8.26, 8.29, 8.30, 8.33 - 8.36
The Texas Higher Education Coordinating Board proposes amendments
to §§8.21 - 8.26, 8.29, 8.30, 8.33 - 8.36, concerning creation,
expansion, dissolution, or conservatorship of public community/junior college
districts. Specifically, the Board proposes these amendments to update references
to Board rules that have changed with the repeal and adoption of other Board
rules amendments; to include a general definition of community colleges as
including junior colleges; to update the reference to the Board committee;
and to clarify procedures for counties with a population of less than 150,000
seeking approval of a branch campus maintenance tax.
Dr. Glenda O. Barron has determined that for each year of the first five
years the amendments are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
amended rules.
Dr. Barron has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended sections will be to clarify and in some cases simplify
Board rules concerning formation, dissolution, expansion, and conservatorship
of public community college districts. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(b)
and (c), 61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and
Chapter 130, Subchapters B and C, which provides the Coordinating Board with
the authority to adopt policies, enact regulations, and establish rules for
the creation of public community college districts, the dissolution of a public
community college district, the approval of a branch campus maintenance tax,
the approval of a branch campus, and the conservatorship of a public community
college district.
The amendments affect Texas Education Code §§61.051(b) and (c),
61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter
130, Subchapters B and C.
§8.21.Purpose.
This subchapter outlines the process the Coordinating Board shall use
in determining the need for a new public community[
§8.22.Authority.
Texas Education Code, §§61.051(b)(c), 61.053, 61.060, 61.061,
61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter B and C,
authorize the Coordinating Board to adopt policies, enact regulations, and
establish rules for the creation of public community[
§8.23.A Community[
(a)
A community[
(1) - (4)
(No change.)
(b)
The proposed community[
§8.24.A Single-County or a Joint-County Community/[
(a)
A county community[
(b)
A joint-county community[
§8.25.Provisions Applicable to Each Type of District.
The following additional provisions are applicable to each type of
proposed community[
(1)
The proposed community[
(A) - (I)
(No change.)
(2)
Substantial evidence must be presented indicating that
the proposed community[
(3)
Evidence must be given that the proposed community[
§8.26.Creation of a Local Steering Committee.
(a)
A local group of citizens interested in establishing a
community[
(b)
The Steering Committee shall be composed of a cross-section
of the population in the area, with representation from major civic groups
and business and industry. A chair, co-chair, and secretary shall be appointed,
along with any other officers who may be of assistance to the committee. Where
the proposed community[
(c)
The duties of the Steering Committee shall include the
following:
(1)
(No change.)
(2)
be responsible for conducting a feasibility study and survey
of the needs and potential for a community[
(3)
provide information to the community which, at a minimum,
describes the role, mission, and purpose of a public community[
(4)
(No change.)
(5)
prepare and circulate a petition for an election to establish
a community[
(6)
(No change.)
§8.29.Circulation of the Petition.
(a)
The Steering Committee shall be responsible for the circulation
of a petition for authorization of an election to establish a community[
(b)
(No change.)
§8.30.Legality of the Petition.
(a)
After the petition has been circulated among the electorate
and has been signed by not less than 10% of the qualified electors of the
proposed district, the petition shall be verified by the appropriate authorities
who have the duty of verifying the legality of the petition.
(1)
In the case of community[
(2)
In the case of a union, single-county, or joint county
community[
(b)
(No change.)
§8.33.Action and Order of the Board.
(a)
Board action on the request for approval to hold an election
to create a public community[
(b)
(No change.)
§8.34.Calling the Election; Submission of Questions.
If the Board authorizes an election to establish a community[
§8.35.Election.
A majority of the electors in the proposed district, voting in the
election, shall determine the question of creation of the community[
§8.36.Resubmissions of Applications.
Should an election to create a new community[
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 5, 2004.
TRD-200400749
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§8.51, 8.53 - 8.55
The Texas Higher Education Coordinating Board proposes amendments
to §§8.51, 8.53 - 8.55 concerning creation, expansion, dissolution,
or conservatorship of public community/junior college districts. Specifically,
the Board proposes amendments to §8.1 and §8.75 updating references
to Board rules that have changed with the repeal and adoption of other Board
rules amendments, propose an amendment to §8.1 to include a general definition
of community colleges as including junior colleges, propose amendments to §8.74
and §8.123 updating the reference to the Board committee, and propose
amendments to §8.96 and §8.98 clarifying procedures for counties
with a population of less than 150,000 seeking approval of a branch campus
maintenance tax.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning formation, dissolution, expansion, and conservatorship
of public community college districts. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(b)(c),
61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter
130, Subchapter B and C, which provides the Coordinating Board with the authority
to adopt policies, enact regulations, and establish rules for the creation
of public community college districts, the dissolution of a public community
college district, the approval of a branch campus maintenance tax, the approval
of a branch campus, and the conservatorship of a public community college
district.
The amendments affect Texas Education Code §§61.051(b)(c), 61.053,
61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter
B and C.
§8.51.Purpose.
This subchapter sets out the procedures for dissolution by the Coordinating
Board of an inactive community[
§8.53.Initiation of Consideration of Action.
(a)
An action to dissolve an inactive public community[
(1) - (4)
(No change.)
(b)
The Commissioner shall provide timely written notice of
an action to dissolve an inactive public community[
§8.54.Action by the Board.
(a)
At its next scheduled meeting following initiation of an
action to dissolve an inactive district, the Coordinating Board may pass a
resolution dissolving the inactive public community[
(1) - (4)
(No change.)
(b)
The resolution dissolving the inactive public community[
§8.55.Protest; Notice of Protest.
(a)
Written protest of an action to dissolve an inactive public
community[
(1) - (4)
(No change.)
(b)
Notice of protest must be sent to the Commissioner within
30 days after the date of the quarterly Coordinating Board at which the resolution
to dissolve the inactive community[
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 5, 2004.
TRD-200400750
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§8.72 - 8.76
The Texas Higher Education Coordinating Board proposes amendments
to §§8.72 - 8.76 concerning creation, expansion, dissolution, or
conservatorship of public community/junior college districts. Specifically,
the Board proposes amendments to §8.1 and §8.75 updating references
to Board rules that have changed with the repeal and adoption of other Board
rules amendments, propose an amendment to §8.1 to include a general definition
of community colleges as including junior colleges, propose amendments to §8.74
and §8.123 updating the reference to the Board committee, and propose
amendments to §8.96 and §8.98 clarifying procedures for counties
with a population of less than 150,000 seeking approval of a branch campus
maintenance tax.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning formation, dissolution, expansion, and conservatorship
of public community college districts. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(b)(c),
61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter
130, Subchapter B and C, which provides the Coordinating Board with the authority
to adopt policies, enact regulations, and establish rules for the creation
of public community college districts, the dissolution of a public community
college district, the approval of a branch campus maintenance tax, the approval
of a branch campus, and the conservatorship of a public community college
district.
The amendments affect Texas Education Code §§61.051(b)(c), 61.053,
61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter
B and C.
§8.72.Authority.
Texas Education Code, §§61.051(c), 61.053, 61.061, 61.062(c)-(d),
130.001(b)(3)-(4), 130.086, and 130.087, authorize the Coordinating Board
to adopt policies, enact regulations, and establish rules to define, establish,
and authorize a branch campus and to provide rules and regulations for a public
community[
§8.73.Provisions for Conversion of an Out-of-District Extension Center or Extension Facility to a Branch Campus.
The governing board of a community[
§8.74.Application and Approval Procedures.
(a)
(No change.)
(b)
A self-study must be performed by the district to assess
whether the proposed branch campus meets the criteria outlined below. The
self-study and the extension center or extension facility shall be reviewed
by a Board-appointed team, a majority of which should be community college
presidents, for the purposes of documenting that it meets the following standards
and criteria for quality instruction and support services, as required by
the Commission on Colleges of the Southern Association of Colleges and Schools
and Coordinating Board rules and regulations:
(1)
Role and Mission; Purpose. In its program aspects, a branch
campus shall be equivalent to a public community[
(A) - (I)
(No change.)
(2) - (3)
(No change.)
(4)
Funding.
(A) - (B)
(No change.)
(C)
Appropriate accounts which comply with generally accepted
accounting principles for the branch campus must be kept and financial reports
submitted as required for community[
(D)
(No change.)
(5)
(No change.)
(c)
The Board's Committee on
Institutional Effectiveness
and Excellence
[
(1)
(No change.)
(2)
determine whether programs in the proposed branch campus
will create unnecessary duplication or seriously harm programs in existing
community[
(3)
assess the potential impact of the proposed branch campus
on existing community[
(d)
(No change.)
§8.75.Action and Order of the Board.
(a)
(No change.)
(b)
A resolution shall be entered in the minutes of the Board
and conveyed in writing by the Commissioner to the governing board of the
community[
(c)
(No change.)
(d)
If the Board approves establishment of a branch campus,
the governing board of the community[
(e)
Board-approved branch campus sites shall be considered
as auxiliary locations for the purposes of the Board's distance learning rules
and regulations as outlined under Chapter
4
[
§8.76.Reclassification.
The Board may withdraw approval for a branch campus whenever the Board
(1)
approves the establishment of a community[
(2)
(No change.)
(3)
determines that the community[
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 5, 2004.
TRD-200400751
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§8.91, 8.94, 8.96, 8.98
The Texas Higher Education Coordinating Board proposes amendments
to §§8.91, 8.94, 8.96, and 8.98 concerning creation, expansion,
dissolution, or conservatorship of public community/junior college districts.
Specifically, the Board proposes these amendments to update references to
Board rules that have changed with the repeal and adoption of other Board
rules amendments; to include a general definition of community colleges as
including junior colleges; to update references to the Board committee; and
to clarify procedures for counties with a population of less than 150,000
seeking approval of a branch campus maintenance tax.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning formation, dissolution, expansion, and conservatorship
of public community college districts. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(b)(c),
61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter
130, Subchapter B and C, which provides the Coordinating Board with the authority
to adopt policies, enact regulations, and establish rules for the creation
of public community college districts, the dissolution of a public community
college district, the approval of a branch campus maintenance tax, the approval
of a branch campus, and the conservatorship of a public community college
district.
The amendments affect Texas Education Code §§61.051(b)(c), 61.053,
61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter
B and C.
§8.91.Purpose.
This subchapter provides rules and regulations setting out the procedure
by which a school district or county may levy a public community[
§8.94.Application Procedures.
The Steering Committee and the community[
§8.96.Circulation of a Petition.
(a)
In counties with a population of more than 150,000 [
(b)
(No change.)
§8.98.Presentation of a Certified Petition to the Board.
(a)
(No change.)
(b)
The governing body of a county with a population of 150,000
or less
or an independent school district within a county with a population
of 150,000 or less
, on completion and approval of the feasibility study
and survey by the Commissioner, on its own motion and without presentation
and approval of a certified petition to the Board may order an election to
authorize a branch campus maintenance tax.
(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 5, 2004.
TRD-200400752
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§8.121 - 8.124
The Texas Higher Education Coordinating Board proposes amendments
to §§8.121 - 8.124 concerning creation, expansion, dissolution,
or conservatorship of public community/junior college districts. Specifically,
the Board proposes amendments to these rules to update references to Board
rules that have changed with the repeal and adoption of other Board rules
amendments; to include a general definition of community colleges as including
junior colleges; to update the references to the Board committee; and to clarify
procedures for counties with a population of less than 150,000 seeking approval
of a branch campus maintenance tax.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning formation, dissolution, expansion, and conservatorship
of public community college districts. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(b)(c),
61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter
130, Subchapter B and C, which provides the Coordinating Board with the authority
to adopt policies, enact regulations, and establish rules for the creation
of public community college districts, the dissolution of a public community
college district, the approval of a branch campus maintenance tax, the approval
of a branch campus, and the conservatorship of a public community college
district.
The amendments affect Texas Education Code §§61.051(b)(c), 61.053,
61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter
B and C.
§8.121.Purpose.
This subchapter outlines the procedures the Coordinating Board shall
use with regard to the conservatorship of a public community[
§8.122.Authority.
Texas Education Code, §§61.051(b)(c)(e), 61.053, 61.060,
61.061, 61.062, and 130.001 and the Government Code, §2104.031, authorize
the Coordinating Board to adopt policies, enact regulations, and establish
rules for action concerning the conservatorship of a public community[
§8.123.Mismanagement Finding; Conservatorship Order.
(a)
On the Governor's request the Coordinating Board, with
the advice and assistance of the State Auditor, shall determine if a condition
of gross fiscal mismanagement exists at a public community[
(1)
When a condition of gross fiscal mismanagement is suspected,
the Board shall appoint a delegation to investigate the fiscal condition of
the public community[
(2)
Based upon its review of the public community[
(3)
The Commissioner shall make a report and recommendation
concerning conservatorship to the Board for its consideration at the next
quarterly Board meeting.
(b)
If the Board finds a condition of gross fiscal mismanagement
of a public community[
§8.124.Compensation of a Conservator.
(a)
A conservator appointed by the Governor to act in this
capacity is entitled to receive a salary for performing those duties that
is equal to the salary of the chief administrative office of the public community[
(b)
The public community[
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 5, 2004.
TRD-200400753
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. DEFINITIONS
19 TAC §9.1
(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 §9.1, concerning program development in public two-year
colleges. This section provides definitions for terms used throughout the
chapter. The repeal is necessary because this section is being replaced with
a new §9.1 that is published contemporaneously in this issue of the
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
these sections will be to clarify Board rules concerning program development
in public two-year colleges. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.1.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 9, 2004.
TRD-200400842
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
(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.)
19 TAC §§9.21 - 9.31
The Texas Higher Education Coordinating Board proposes the
repeal of §§9.21 - 9.31, concerning program development in public
two-year colleges. The repeal is necessary because these sections are being
replaced with new §§9.21 - 9.31 that are published contemporaneously
in this issue of the
Texas Register
. Repealing
these rules allow for new rules concerning the general operation of a public
two-year college, such as student performance, religious holy days, training
for governing boards, driver education courses, and uniform dates for adding/dropping
courses pertaining to refunds.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
this repeal of the sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the repeal as proposed. There is no
impact on local employment.
Comments on the repeal may be submitted to Glenda O. Barron, Texas Higher
Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas 78752;
Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
The repeal of the rules is proposed under the Texas Education
Code, §§51.308, 51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063,
61.084, 130.001(b)(3)-(4), 130.003, 130.005, 130.0051, 130.008, and 130.009,
which provides the Coordinating Board with the authority to adopt policies,
enact regulations, and establish rules for various functions relating to program
development and the general operation of a public two-year colleges.
The repeal of the rules affects Texas Education Code §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.21.Purpose.
§9.22.Authority.
§9.23.Student Performance.
§9.24.Religious Holy Days.
§9.25.Training for Governing Boards.
§9.26.Driver Education Courses.
§9.27.Related-Instruction for Apprenticeship Programs.
§9.28.Appropriations.
§9.29.Certification.
§9.30.Name Change.
§9.31.Uniform Dates for Adding/Dropping Courses Pertaining to Refunds.
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 9, 2004.
TRD-200400844
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.51 - 9.55
(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 §§9.51 - 9.55, concerning program development in public
two-year colleges. These sections relate to the purpose, role, and mission
of Public Community/Junior and Technical Colleges. The repeal is necessary
because these sections are being replaced with new §§9.51 - 9.55
that are published contemporaneously in this issue of the
Texas Register
. Repealing these rules allow for new rules which update
references and clarify and strength Board rules.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
this repeal of the sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the repeal of the sections as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Glenda O. Barron, Texas Higher
Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas 78752;
Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
The repeal of the rules is proposed under the Texas Education
Code, §§51.308, 51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063,
61.084, 130.001(b)(3)-(4), 130.003, 130.005, 130.0051, 130.008, and 130.009,
which provides the Coordinating Board with the authority to adopt policies,
enact regulations, and establish rules for various functions relating to program
development and the general operation of a public two-year colleges.
The repeal of the rules affect Texas Education Code §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.51.Purpose.
§9.52.Authority.
§9.53.Role, Mission, and Purpose of Public Community/Junior and Technical Colleges.
§9.54.Publication of Purpose, Role, and Mission Statements.
§9.55.Board Review of Purpose, Role, and 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 9, 2004.
TRD-200400846
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.71 - 9.77
(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 §§9.71 - 9.77 concerning program development in public
two-year colleges. These sections relate primarily to transferable academic
courses. The repeal is necessary because these sections are being replaced
with new §§9.71 - 9.77 that are published contemporaneously in this
issue of the
Texas Register
. Repeal of these
sections allow for new sections which change references of "community/junior
colleges" to "community colleges" and change references of "community/junior
and technical" or "associate degree-granting institutions" to "two-year colleges."
New provisions regarding the Lower-Division Academic Court Guide Manual have
been added. Criteria and procedures for obtaining unique need approval for
certain lower-division courses have been refined.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
this repeal of the sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the repeal of the section as proposed.
There is no impact on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.71.Purpose.
§9.72.Authority.
§9.73.General Provisions.
§9.74.Unique Need Courses.
§9.75.Compensatory (Including Developmental and Remedial) Education Courses.
§9.76.Utilization of Compensatory (Including Developmental and Remedial) Education Courses to Satisfy Degree Requirements.
§9.77.Disapproval of Courses; Noncompliance.
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 9, 2004.
TRD-200400848
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.91 - 9.96
(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 §§9.91 - 9.96 concerning program development in public
two-year colleges. These sections relate to certificate and associate degree
programs. The repeal is necessary because these sections are being replaced
with new §§9.91 - 9.96 that is published contemporaneously in this
issue of the
Texas Register
. Repealing the
rules will clarify and strengthen Board rules relating to Certificate and
Degree Programs at Public Two-Year Colleges. Sections 9.91 and 9.93 change
references of "community/junior and technical" or "associate degree-granting
institutions" to "two-year colleges" and §9.95 changes references of
"postsecondary institutions" to "two-year colleges and other institutions
providing certificate or associate degree programs."
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal of the sections are in effect, there will not be any fiscal
implication to state or local government as a result of enforcing or administering
the rules.
Dr. Barron has also determined that for each year of the first five years
the repeal of the sections are in effect, the public benefit anticipated as
a result of administering the repeal of the sections will be to clarify and
in some cases simplify Board rules concerning program development in public
two-year colleges. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.91.Purpose.
§9.92.Authority.
§9.93.Application, Approval, and Revision Procedures for Instructional Programs in Workforce Education.
§9.94.Action and Order of the Board.
§9.95.Reporting to the Board.
§9.96.Disapproval of Programs; Noncompliance.
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 9, 2004.
TRD-200400850
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.111 - 9.117
(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 §§9.111 - 9.117 concerning program development in
public two-year colleges. These sections relate to workforce continuing education
courses. The repeal is necessary because these sections are being replaced
with new §§9.111 - 9.117 that is published contemporaneously in
this issue of the
Texas Register
. Repealing
the rules will clarify and strengthen Board rules regarding Workforce Continuing
Education Courses.
Dr. Glenda O. Barron has determined that for each year of the first five
years the repeal of these sections are in effect, there will not be any fiscal
implication to state or local government as a result of enforcing or administering
the rules.
Dr. Barron has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the repeal of these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the repeal of the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Glenda O. Barron, Texas Higher
Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas 78752;
Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
The repeal of the sections is proposed under the Texas Education
Code, §§51.308, 51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063,
61.084, 130.001(b)(3)-(4), 130.003, 130.005, 130.0051, 130.008, and 130.009,
which provides the Coordinating Board with the authority to adopt policies,
enact regulations, and establish rules for various functions relating to program
development and the general operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.111.Purpose.
§9.112.Authority.
§9.113.General Provisions.
§9.114.Application and Approval Procedures for Workforce Continuing Education Courses.
§9.115.Funding.
§9.116.Reporting to the Board.
§9.117.Disapproval of Courses; Noncompliance.
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 9, 2004.
TRD-200400852
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.121 - 9.128
(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 §§9.121 - 9.128 concerning program development in
public two-year colleges. These sections relate to contractual agreements.
The repeal is necessary because these sections are being replaced with new §§9.121
- 9.128 that are published contemporaneously in this issue of the
Texas Register
. Repealing the rules clarify and strengthen Board rules
regarding Contractual Agreements.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
the sections will be to clarify and in some cases simplify Board rules concerning
program development in public two-year colleges. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal of the sections as proposed. There is no impact
on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.121.Purpose.
§9.122.Authority.
§9.123.General Provisions.
§9.124.Contractual Agreements for Instruction with Non-SACS/COC-Accredited Organizations Other than Public Secondary Schools.
§9.125.Contractual Agreements for Instruction with Public Secondary Schools.
§9.126.Contractual Agreements for Instruction with Other SACS/COC-Accredited Institutions of Higher Education.
§9.127.Reporting to the Board.
§9.128.Disapproval of Courses; Noncompliance.
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 9, 2004.
TRD-200400854
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.141 - 9.144, 9.146, 9.147
(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 §§9.141 - 9.144, 9.146, and 9.147, concerning program
development in public two-year colleges. These sections relate to partnerships
between secondary schools and public two-year colleges. The repeal is necessary
because these sections are being replaced with new §§9.141 - 9.144,
9.146, and 9.147 that are published contemporaneously in this issue of the
Dr. Glenda O. Barron has determined that for each year of the first five
years the repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the repeal.
Dr. Barron has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the repeal will be to clarify and in some cases simplify Board rules concerning
program development in public two-year colleges. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal of the sections as proposed. There is no impact
on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3)
- (4), 130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the
Coordinating Board with the authority to adopt policies, enact regulations,
and establish rules for various functions relating to program development
and the general operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3) - (4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.141.Purpose.
§9.142.Authority.
§9.143.Types of Partnerships.
§9.144.Partnership Agreements.
§9.146.Remedial and Developmental Instruction for High School Students.
§9.147.Tech-Prep 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 9, 2004.
TRD-200400856
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6127
19 TAC §§9.161 - 9.163
(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 §§9.161 - 9.163, concerning program development in
public two-year colleges. These sections relate to distance education. The
repeal is necessary because these sections are being replaced with new §§9.161
- 9.163 that is published contemporaneously in this issue of the
Texas Register
. Repealing the rules clarify Board rules regarding Distance
Education.
Dr. Glenda O. Barron has determined that for each year of the first five
years the repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the repeal.
Dr. Barron has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the repeal will be to clarify and in some cases simplify Board rules concerning
program development in public two-year colleges. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal of the sections as proposed. There is no impact
on local employment.
Comments on the repeal of the sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3)
- (4), 130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the
Coordinating Board with the authority to adopt policies, enact regulations,
and establish rules for various functions relating to program development
and the general operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3) - (4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.161.Purpose.
§9.162.Authority.
§9.163.Courses and Programs Offered through Distance 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 9, 2004.
TRD-200400858
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.181 - 9.186
(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 §§9.181 - 9.186 concerning program development in
public two-year colleges. These sections relate to academic associate degree
programs. The repeal is necessary because these sections are being replaced
with new sections 9.181 - 9.186 that is published contemporaneously in this
issue of the
Texas Register
. Repealing the
rules clarify and strengthen Board rules relating to Academic Associate Degree
Programs.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
these sections will be to clarify and in some cases simplify Board rules concerning
program development in public two-year colleges. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal of the sections as proposed. There is no impact
on local employment.
Comments on the repeal of the sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The repeal affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.181.Purpose.
§9.182.Authority.
§9.183.Degree Titles, Program Length, and Program Content.
§9.184.Approval.
§9.185.Reporting to the Board.
§9.186.Disapproval of Programs; Noncompliance.
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 9, 2004.
TRD-200400860
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. DEFINITIONS
19 TAC §9.1
The Texas Higher Education Coordinating Board proposes new §9.1,
concerning program development in public two-year colleges. Specifically,
the proposed new section updates definitions and changes references of "community/junior
college and technical" or "associate degree-granting institutions" to "two
year colleges."
Dr. Glenda O. Barron has determined that for each year of the first five
years this section is in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rule.
Dr. Barron has also determined that for each year of the first five years
this section is in effect, the public benefit anticipated as a result of administering
these sections will be to clarify Board rules concerning program development
in public two-year colleges. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the proposed new section may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new section is proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new section affects Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.1.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Academic courses--Semester credit courses included or allowed
under the provisions of the Lower-Division Academic Course Guide Manual designed
for college transfer to institutions of higher education in completion of
associate and baccalaureate degree programs.
(2)
Associate degree program--A grouping of courses designed
to lead the individual directly to employment in a specific career, or to
transfer to an upper-level baccalaureate program. This specifically refers
to the associate of arts, associate of science, associate of applied arts,
associate of applied science, and the associate of occupational studies degrees.
The term "applied" in an associate degree name indicates a program designed
to qualify students for immediate employment.
(3)
Board or Coordinating Board--The Texas Higher Education
Coordinating Board.
(4)
Certificate program--Workforce programs designed for entry-level
employment or for upgrading skills and knowledge within an occupation. Certificate
programs serve as building blocks and exit points for AAS degree programs.
(5)
Commissioner of Higher Education or Commissioner--The chief
executive officer of the Texas Higher Education Coordinating Board.
(6)
Concurrent course credit--See "Dual credit."
(7)
Continuing education unit or CEU--Ten (10) contact hours
of participation in an organized continuing education experience under responsible
sponsorship, capable direction, and qualified instruction, as outlined in
the Guidelines for Instructional Programs in Workforce Education.
(8)
Contractual agreements--Agreements or contracts between
public two-year colleges and one of the following:
(A)
a non-SACS/COC-accredited organization, for postsecondary
instructional services that could not be offered otherwise;
(B)
a public secondary school, for instructional services that
could not be offered otherwise; or
(C)
another SACS/COC-accredited institution of higher education,
whether public or independent.
(9)
Contract instruction--Postsecondary workforce education
and training in which specific instruction is provided by a public two-year
college or a non-SACS/COC-accredited organization to a contracting entity.
This arrangement is utilized when conventional methodology or instructional
systems are difficult or impossible to obtain.
(10)
Developmental courses--Courses designed to correct academic
deficiencies and bring students' skills to an appropriate level for entry
into college.
(11)
Distance education--Classes 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 community
college district; or
(C)
via instructional telecommunications to any other distance
location, including electronic delivery of all types.
(12)
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, §4.84
of this title (relating to Institutional Agreements) and §4.85 of this
title (relating to Dual Credit Requirements), 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).
(13)
Governing board--The body charged with policy direction
of any public community college district, the technical college system, public
state college, public senior college or university, career school or college,
or other educational agency including but not limited to boards of directors,
boards of regents, boards of trustees, and independent school district boards.
(14)
Governing board, tech-prep consortium--Consists at a minimum
of representatives of each educational entity that participates in a Tech-Prep
consortium which determines the policies and operations of the Tech-Prep consortium
in accordance with its written by-laws and fiscal agency and personnel agreements.
A representative may represent multiple entities as agreed upon by the participating
consortium members.
(15)
Guidelines for Instructional Programs in Workforce Education
(GIPWE)--A Coordinating Board-approved publication containing policies and
procedures related to the design, development, proposal, approval, operation,
and evaluation of workforce education courses and programs for Texas public
institutions of higher education and career schools and colleges.
(16)
Independent institution of higher education--A private
or independent college or university that is:
(A)
organized under the Texas Non-Profit Corporation Act;
(B)
exempt from taxation under Article V, §2, of the Texas
Constitution and §501(c)(3) of the Internal Revenue Code; and
(C)
accredited by the Southern Association of Colleges and
Schools Commission on Colleges.
(17)
Lower-Division Academic Course Guide Manual (ACGM)--A
Coordinating Board-approved publication listing academic courses that public
two-year colleges can teach and report for contact hour reimbursement from
state appropriations without special approval from the Board.
(18)
Public community college--Any public junior college or
public community college as defined in Texas Education Code, §§61.003
and 130.005, and whose role, mission, and purpose is outlined in Texas Education
Code, §§130.0011 and 130.003.
(19)
Public two-year college--Any public junior college, public
community college, public technical college, or public state college as defined
in Texas Education Code, §61.003.
(20)
Related-instruction--Relates to §9.27 of this title
(relating to Related-Instruction for Apprenticeship Programs), organized off-the-job
classroom instruction in theoretical or technical subjects required for the
completion of an apprenticeship program.
(21)
Remedial and compensatory--All courses designated as developmental
or remedial in the Lower-Division Academic Course Guide Manual. These courses
are designed to address academic deficiencies and may not be offered for college
degree credit.
(22)
Remedial courses--Courses for high school students designed
to correct academic deficiencies and bring students' skills to an appropriate
level for graduation from high school.
(23)
SACS/COC--The Southern Association of Colleges and Schools
Commission on Colleges.
(24)
Technical courses or programs--Workforce education courses
or programs for which semester/quarter credit hours are awarded.
(25)
Tech-Prep consortium--A collaboration of educational entities
and, at local option, employer and labor organizations, and universities defined
under the Carl D. Perkins Vocational and Technical Education Act, as amended,
and the Texas Education Code, Chapter 61, Subchapter T, Tech-Prep Education
(hereinafter referred to as "the Code"), which work together to implement
a Tech-Prep program.
(26)
Unique need academic course--An academic course created
by a college to satisfy a unique need and designed to transfer into a baccalaureate
program.
(27)
Vocational courses or programs--Workforce education courses
or programs for which continuing education units (CEUs) are awarded.
(28)
Workforce continuing education course--A course offered
for continuing education units (CEUs) with an occupationally specific objective
and supported by state funding. A workforce continuing education course differs
from a community service course offered for recreational or avocational purposes
and is not supported by state funding.
(29)
Workforce education--Technical courses and programs for
which semester/quarter credit hours are awarded, and vocational courses and
programs for which continuing education units are awarded. Workforce education
courses and programs prepare students for immediate employment or job upgrade
within specific occupational categories.
(30)
Workforce Education Course Manual (WECM)--An online database
composed of the Coordinating Board’s official statewide inventory of
workforce education courses available for two-year public colleges to use
in certificate and associate degree programs.
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 9, 2004.
TRD-200400841
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.21 - 9.31
The Texas Higher Education Coordinating Board proposes new §§9.21
- 9.31, concerning program development in public two-year colleges. Specifically,
the new sections relate to program development in public two-year colleges
and to the general operation of a public two-year college, such as student
performance, religious holy days, training for governing boards, driver education
courses, and uniform dates for adding/dropping courses pertaining to refunds.
The differences in these proposed new sections and the sections being proposed
for repeal relate to changes in references of "community/junior and technical"
or associate degree-granting institutions" to "two-year colleges." Sections
9.23, 9.24, and 9.31 reflect changes in cross-references to other Board rules.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new rules may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new rules are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new rules affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.21.Purpose.
This subchapter outlines the rules and regulations the Coordinating
Board shall use in various areas relating to program development and the general
operation of a public two-year college.
§9.22.Authority.
The Texas Education Code, §§51.308, 51.403(e), 51.911, 61.051,
61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4), 130.003, 130.005,
130.0051, 130.008, and 130.009, authorize the Coordinating Board to adopt
policies, enact regulations, and establish rules for various functions relating
to program development and the general operation of a public two-year college.
§9.23.Student Performance.
(a)
Each public two-year college shall report student performance
as prescribed under subsection (b) of this section to the high school or public
two-year college last attended during the first year a student is enrolled
after graduation from high school.
(b)
A student performance report includes initial assessment
student test scores, as prescribed under Chapter 4, Subchapter C of this title
(relating to Texas Success Initiative), descriptions of developmental education
courses required, and individual student grade point averages.
(c)
Appropriate safeguards shall be implemented to ensure student
privacy in these reports.
§9.24.Religious Holy Days.
Policies regarding religious holy day observances at public two-year
colleges are subject to Chapter 4, Subchapter A, §4.4 of this title (relating
to Student Absences on Religious Holy Days). This section provides particular
requirements for determining acceptable student attendance polices relating
to religious holy days.
§9.25.Training for Governing Boards.
Chapter 1, Subchapter A, §1.9 of this title (relating to Training
for Members of Governing Boards and Board Trustees) is herein applicable to
public two-year colleges. This section provides for the training of members
of governing boards and trustees for public institutions of higher education;
however, members of community college governing boards may not be required
to attend a training session.
§9.26.Driver Education Courses.
Institutions of higher education shall be permitted to offer driver
education courses for the purpose of preparing students to obtain a Texas
driver's license if approved by the State Board of Education. Institutions
of higher education shall be subject to the rules and regulations regarding
driver education of the State Board of Education.
§9.27.Related-Instruction for Apprenticeship Programs.
Related-instruction in apprenticeship programs approved by the Bureau
of Apprenticeship and Training are eligible for state appropriations. Funding
for all other components of apprenticeship programs is subject to the rules
and regulations of the Texas Workforce Commission as prescribed under the
Texas Education Code, Chapter 133.
§9.28.Appropriations.
To be eligible to receive its proportionate share of the biennial appropriations
for support, maintenance, operation, and improvement, each public community
college must:
(1)
be certified as a public community college as prescribed
by §9.29 of this title (relating to Certification);
(2)
offer a minimum of 24 semester credit hours of workforce
education courses;
(3)
have complied with all existing laws, rules, and regulations
governing the establishment and maintenance of public community colleges;
(4)
collect, from each full-time and part-time student enrolled,
appropriate matriculation and other fees as required by law;
(5)
grant, when properly applied for, the scholarships and
tuition exemptions provided for in the Texas Education Code; and
(6)
levy and collect ad valorem taxes as provided by law for
the operation and maintenance of the institution.
§9.29.Certification.
The Commissioner shall file with the State Auditor and the State Comptroller
on or before October 1 of each year a list of the public community colleges
in the state and certify the names of those colleges that have complied with
the standards, rules, and regulations prescribed by the Board.
§9.30.Name Change.
(a)
The governing board of any public community or junior college
district may by a duly adopted resolution change the name of the district
by substituting the word "community" for the word "junior" in the name, or
by eliminating the word "community" or "junior" from the name of the district,
unless the change would cause the district to have the same name as an existing
district.
(b)
A copy of the resolution duly certified by the secretary
of the governing board must be filed with the Board.
(c)
The name change shall become effective upon the filing
of the resolution with the Board and thereafter all references to the district
shall be by use of the new name.
§9.31.Uniform Dates for Adding/Dropping Courses Pertaining to Refunds.
(a)
Courses at public community colleges may be added by students
up to and including the official census date. A student may not enroll in
a course after that date.
(b)
Courses at public community colleges may be dropped and
a student entitled to a refund of tuition and fees as outlined under Chapter
21, Subchapter A, §21.5 of this title (relating to Refund of Tuition
and Fees at Public Community/Junior and Technical Colleges).
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 9, 2004.
TRD-200400843
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.51 - 9.55
The Texas Higher Education Coordinating Board proposes new §§9.51
- 9.55, concerning program development in public two-year colleges. Specifically,
the proposed new sections concern approval, publication, and Board review
of the role, mission, and purpose of Public Two-year Colleges. The differences
in these proposed new sections and the sections being proposed for repeal
relate primarily to references to "community/junior colleges" being changed
to "community colleges" and references to "community/junior and technical"
or "associate degree-granting institutions" being changed to "two-year colleges."
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new rules may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.51.Purpose.
This subchapter provides rules and regulations for public two-year
colleges in establishing and publishing their purpose, role, and mission statements,
and for the Board's review of these statements.
§9.52.Authority.
The Texas Education Code, §§61.051, 61.053, 61.0511, 61.060,
61.061, 61.062, 130.001, 130.003(e), 130.0011, and 135.01, authorize the Coordinating
Board to adopt policies, enact regulations, and establish rules for the review
of the purpose and role and mission statements of public two-year colleges.
§9.53.Role, Mission, and Purpose of Public Two-Year Colleges.
(a)
Each public two-year college must develop a statement regarding
the purpose, role, and mission of the institution reflecting the three missions
of higher education: teaching, research, and public service. The specialized
nature of the role and mission of the technical college system is included
in Chapter 11 of this title (relating to the Texas State Technical College
System).
(b)
Each public community college shall include in its role
and mission statement the purpose of the community college as prescribed under
Texas Education Code, §130.003(e), that it shall primarily serve its
local taxing district and service area, offering vocational, technical, and
academic courses for certificates or associate degrees. Continuing education,
remedial and compensatory education consistent with open admission policies,
and a program of counseling and guidance shall also be provided.
§9.54.Publication of Purpose, Role, and Mission Statements.
Each public two-year college must publish its purpose, role, and mission
statement in its official publication for students, generally the college
catalog.
§9.55.Board Review of Purpose, Role, and Mission Statements.
As a part of the institutional effectiveness review process prescribed
in Chapter 10 of this title (relating to Institutional Effectiveness in Public
Two-Year Colleges), the Board staff shall determine if the purpose, role,
and mission statement of each institution addresses the specific functions
as prescribed by the Texas Education Code, §§61.0511, 130.003(e),
130.0011, and 135.01, for public two-year colleges.
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 9, 2004.
TRD-200400845
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.71 - 9.77, 9.80
The Texas Higher Education Coordinating Board proposes new §§9.71
- 9.77 and §9.80, concerning program development in public two-year colleges.
Specifically, the proposed new sections concern transferable academic courses.
The differences in these proposed new sections and the sections being proposed
for repeal relate to changes in references of "community/junior colleges"
to "community colleges" in §9.73 and changes in references of "community/junior
and technical" or "associate degree-granting institutions" to "two-year colleges"
in §9.71 and §9.75. New §9.73 adds a provision relating to
the inclusion of field of study courses in the Lower-Division Academic Course
Guide Manual. Section 9.74 strengthens the criteria and procedures for obtaining
unique need approval for certain lower-division courses and §9.77 requires
public two-year colleges to notify students who are academic majors of limitations
on the number of lower-division semester credit hours that may be accepted
in transfer prior to the student’s successful completion of 39 semester
credit hours of academic coursework. Section 9.80 provides that no funds appropriated
to any public two-year college may be expended for any unique need course
which has not been approved by Board staff.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.71.Purpose.
This subchapter provides rules and procedures for the approval and
continuation of academic courses for public two-year colleges eligible for
state appropriations.
§9.72.Authority.
The Texas Education Code, §§61.051(g), 61.053, 61.054, 61.060,
61.061, 61.062, 130.001(b)(3)-(4), and 130.003(e)(3), authorize the Coordinating
Board to adopt policies, enact regulations, and establish rules for the coordination
of transferable academic courses eligible for state appropriations.
§9.73.General Provisions.
(a)
State funding shall be provided for lower-division level
general academic courses in public community colleges and other appropriate
public institutions offering lower-division general academic courses if such
courses:
(1)
are listed in the Lower-Division Academic Course Guide
Manual; or
(2)
have been reviewed by the Board staff and have been approved
in accordance with the unique need provision; and
(3)
are consistent with the Texas Common Course Numbering System.
(b)
A standing advisory committee composed of representatives
from public community colleges and other appropriate public institutions offering
lower-division general academic courses will meet at least annually to recommend
to the Coordinating Board staff appropriate courses to be added to, revised,
or deleted from the Lower-Division Academic Course Guide Manual, as well as
their proper assignment of Texas Common Course Numbers. The Coordinating Board
staff shall provide the committee data regarding course enrollments and transferability
for the purpose of considering revisions to the Lower-Division Academic Course
Guide Manual.
(c)
Criteria used to revise the Lower-Division Academic Course
Guide Manual shall include the following:
(1)
Courses offered by three or fewer community colleges and
other appropriate institutions offering lower-division general academic courses
during the previous academic year will be reviewed by the committee for deletion
unless other factors indicate a need to retain such courses.
(2)
Unique need courses which have been offered at several
public community colleges and other appropriate institutions offering lower-division
general academic courses in different geographic regions of the state may
be recommended for addition to the Lower-Division Academic Course Guide Manual
upon request of a sponsoring institution.
(3)
Revisions in course content may be considered upon request
of a sponsoring institution.
(4)
Courses included in the lower-division portion of an academic
core curriculum at any public institution of higher education may be considered
by the committee for inclusion in the Lower-Division Academic Course Guide
Manual.
(5)
Courses in a Board-approved field of study curriculum as
outlined under §4.32 of Board rules (relating to Field of Study Curricula)
shall automatically be added to the Lower-Division Academic Course Guide Manual.
§9.74.Unique Need Courses.
(a)
An academic course may be approved for unique need if it
meets the following criteria:
(1)
The course must have college-level rigor. A course designed
to meet a community service, leisure, vocational, or avocational need is inappropriate
for unique need approval and state appropriations.
(2)
The course must be acceptable for transfer and apply toward
a baccalaureate degree. In order to satisfy this requirement, the course must
meet at least one of the following requirements:
(A)
The course has a documented course equivalent at a minimum
of two regional universities; or
(B)
The course will be accepted in satisfaction of either general
education or major requirements at a minimum of two regional universities.
(3)
Exceptions may be granted for courses that transfer to
a single regional university if the college documents that a large number
of its students transfer to that institution and the course is part of a current,
documented articulation agreement between the two-year college and the regional
university.
(b)
Procedures for unique need approval.
(1)
The application for each unique need course submitted must
be accompanied by a statement of need for the course and a syllabus which
includes a course description, detailed course outline, and objectives. Except
as specified in subsection (a)(3) of this section, the application must be
accompanied by letters from regional universities that clearly indicate the
basis for transferability of the course (as a course equivalent, general education
course, or academic major course).
(2)
Once approved, a unique need course shall be placed on
the college inventory for three years. Colleges must reapply for approval
of unique need courses every three years.
(c)
Courses listed in the Lower-Division Academic Course Guide
Manual but offered for a greater number of contact hours or semester credit
hours than specified must be submitted for unique need approval.
(d)
Courses approved as continuing unique need courses prior
to September 1, 2004 shall expire five years from the date of approval.
§9.75.Compensatory (Including Developmental and Remedial) Education Courses.
Developmental/remedial courses approved for two-year college instruction
and eligible for state funding are listed in the Lower-Division Academic Course
Guide Manual and the Workforce Education Course Manual. Such courses should
be used to support both academic and workforce education programs as appropriate.
§9.76.Utilization of Compensatory (Including Developmental and Remedial) Education Courses to Satisfy Degree Requirements.
Courses designated as compensatory in the Lower-Division Academic Course
Guide Manual may not be used to satisfy degree requirements. Such courses
may be used as corequisites or prerequisites for degree courses as determined
by local institutions.
§9.77.Notification to Students of Possible Lower-Division Transfer Limitations.
(a)
Two-year public colleges shall notify students who intend
to transfer to baccalaureate degree programs of possible limitations on lower-division
course work that may be applied toward a baccalaureate degree program at a
general academic teaching institution.
(b)
Notification to students must occur no later than the semester
or term during which the student is expected to accumulate the 39th semester
credit hour of academic course work.
(c)
The notification shall include §4.25(f) of this title
(relating to Requirements and Limitations) and may include additional transfer
information that will help students make informed decisions about coursework.
(d)
Colleges may notify students either through the mail or
through electronic means targeted directly at affected students such as electronic
mail, pop-up notices on an electronic registration or advising page, or information
included in the student’s grade report.
(e)
Listing the information on lower-division transfer limits
in the institution’s catalog, while strongly recommended, is not sufficient
to satisfy the requirements of this section.
(f)
Each college shall develop a plan to implement this section
no later than January 1, 2005 and shall begin notifying affected students
no later than September 1, 2005.
§9.80.Disapproval of Courses; Noncompliance.
No funds appropriated to any public two-year college may be expended
for any unique need course which has not been approved by the Board staff.
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 9, 2004.
TRD-200400847
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.91 - 9.96
The Texas Higher Education Coordinating Board proposes new §§9.91
- 9.96, concerning program development in public two-year colleges. Specifically,
the proposed new sections clarify and strengthen Board rules relating to Certificate
and Degree Programs at Public Two-Year Colleges. Sections 9.91 and 9.93 change
references of "community/junior and technical" or "associate degree-granting
institutions" to "two-year colleges" and §9.95 changes references of
"postsecondary institutions" to "two-year colleges and other institutions
providing certificate or associate degree programs."
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The amendments affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.91.Purpose.
This subchapter provides rules and procedures for the approval and
continuation of certificate and associate degree programs in public two-year
colleges eligible for state appropriations.
§9.92.Authority.
The Texas Education Code, §61.003, 61.051(e)(f), 61.0513, 61.053,
61.054, 61.055, 61.061, 61.062(c)-(d), 61.075, 130.001(b)(3)-(4), 130.003(e)(1)(2)(3)
and (7) and 135.04, authorize the Coordinating Board to adopt policies, enact
regulations, and establish rules for the coordination of postsecondary technical
and vocational certificate and associate degree programs eligible for state
appropriations.
§9.93.Application, Approval, and Revision Procedures for Instructional Programs in Workforce Education.
(a)
In accordance with the Guidelines for Instructional Programs
in Workforce Education as approved by the Board, each institution wishing
to offer a new certificate or applied associate degree program must have completed
the following procedures:
(1)
Completion of the Application for the Approval of a New
Technical or Continuing Education Program. Completed application forms and
a statement of assurances must be approved by the governing board and the
chief executive officer of the institution, and forwarded to the Board's Community
and Technical Colleges Division. The statement of assurances must certify
that the following criteria have been met:
(A)
The institution has documented local and/or regional workforce
demand for the program.
(B)
Basic and workforce skills have been integrated into the
curriculum.
(C)
The institution has an enrollment management plan for the
program.
(D)
The institution has or will initiate a process to establish
articulation agreements for the program with secondary and/or senior level
institutions.
(E)
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.
(F)
The program would not unnecessarily duplicate existing
programs at other institutions.
(G)
Representatives from private sector business and industry
have been involved in the creation of the program through participation in
an advisory committee.
(H)
Adequate funding is available to cover all new costs to
the institution over the first five years after the implementation of the
program.
(I)
The institution has an improvement plan in place for all
workforce programs that do not currently meet Board standards for both graduation
and placement.
(J)
The appropriate Higher Education Regional Council has been
notified in writing of the proposal for a new program.
(K)
Skill standards recognized by the Texas Skill Standards
Board, if they exist for this discipline, have been reviewed and considered
for inclusion in the curriculum for the program.
(2)
Completion of Staff Review Process. The Board staff shall
review the application for satisfactory fulfillment of the new program requirements
and procedures as outlined in the Board-approved Guidelines for Instructional
Programs in Workforce Education. The staff shall confer with the institution
when additional information or clarification is needed.
(3)
Completion of Formal Program Review. Once the program requirements
have been met, the Board staff may schedule the program for formal program
review. This review process shall include representatives from the institution,
the Board staff, and other appropriate agencies and institutions of higher
education.
(4)
The Assistant Commissioner for the Community and Technical
Colleges Division shall recommend certificate and applied associate degree
programs to the Commissioner for approval or disapproval or referral to the
Board.
(5)
New Program Approval. The Board delegates to the Commissioner
final approval authority for all certificate programs, and for applied associate
degree programs that meet Board policies for approval as outlined in the Guidelines
for Instructional Programs in Workforce Education.
(6)
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 appropriate quarterly meeting.
(7)
The Commissioner must forward a program to the Board for
consideration at an appropriate quarterly meeting if either of the following
conditions is met:
(A)
The proposed program is the subject of an unresolved grievance
or dispute between institutions.
(B)
The Commissioner has disapproved of the proposed program
and the institution has requested a Board review.
(b)
Each institution wishing to revise an existing certificate
or applied associate degree program must complete the procedures as outlined
in the Board-approved Guidelines for Instructional Programs in Workforce Education.
(c)
Administrative Officers. All programs must be under the
direction of an administrator having appropriate authority to ensure that
quality is maintained and that programs are conducted in compliance with all
applicable laws and rules. Administrative officers must possess credentials,
work experience, and/or demonstrated competence appropriate to their areas
of responsibility as specified by the Southern Association of Colleges and
Schools Commission on Colleges.
(d)
Faculty and Staff. Faculty and staff must be approved by
the postsecondary institution. Each individual must meet the minimum qualifications
established by the Board.
(e)
Each public two-year college may classify workforce continuing
education and other courses as earning semester credit hours or continuing
education units (CEUs). Contact hours reported for workforce education courses
which result in either credit hours or CEUs shall be eligible for state appropriations.
A course or program that meets or exceeds 360 hours in length must be approved
as a technical certificate program except by special justification and approval
by Board staff. A course or program that meets or exceeds 780 hours in length
must result in the award of appropriate semester credit hours and be applicable
to a certificate and an applied associate degree program.
§9.94.Action and Order of the Board.
(a)
Board action on the request for approval of a new applied
associate degree program in a postsecondary institution that requires Board
consideration shall be taken at the next quarterly Board meeting.
(b)
A resolution shall be entered in the minutes of the Board
and conveyed in writing by the Commissioner to the governing board or the
chief executive officer of the postsecondary institution.
§9.95.Reporting to the Board.
(a)
Contact hours for courses in approved workforce education
certificate and applied associate degree programs from public two-year colleges
and other public institutions providing certificate or associate degree programs
must be determined and reported in compliance with Board rules and policy
as outlined in the Workforce Education Course Manual and state law.
(b)
Contact hours for courses in approved academic certificate
and associate degree programs at public two-year colleges and other public
institutions providing certificate or associate degree programs must be determined
and reported in compliance with Board policy as outlined in the Lower-Division
Academic Course Guide Manual and state law.
§9.96.Disapproval of Programs; Noncompliance.
No funds appropriated to any public two-year college or other institution
providing certificate or associate degree programs shall be expended for any
program which has not been approved by the Commissioner or, when applicable,
by the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 9, 2004.
TRD-200400849
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.111 - 9.117
The Texas Higher Education Coordinating Board proposes new §§9.111
- 9.117 concerning program development in public two-year colleges. Specifically,
the proposed new sections clarify and strength Board rules regarding Workforce
Continuing Education Courses. New §§9.111, 9.112, 9.114, and 9.116
change references of "community/junior and technical" or "associate degree-granting
institutions" to "two-year colleges." New §9.113 adds an exception to
the continuing education program limits in §9.113 and new §9.115
clarifies the kinds of continuing education courses that are eligible for
state appropriations.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.111.Purpose.
This subchapter provides rules and procedures for the review and approval
of workforce continuing education courses as taught by public two-year colleges.
§9.112.Authority.
The Texas Education Code, §§54.051(n), 54.545, 61.051(j),
61.053, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3)-(4), 130.003(e)(4),
and 130.006, authorize the Coordinating Board to adopt policies, enact regulations,
and establish rules for public two-year colleges for the coordination of workforce
continuing education courses eligible for state appropriations.
§9.113.General Provisions.
(a)
Tuition and fees for state-funded workforce continuing
education courses shall be assessed according to policies established by the
Board. The governing board of the institution shall establish tuition and
fees for workforce continuing education courses not eligible for state appropriations.
(b)
Any workforce continuing education program meeting or exceeding
360 contact hours shall be subject to all of the requirements for workforce
education programs for state appropriations as outlined in Chapter 9, Subchapter
E of this title (relating to Certificate and Associate Degree Programs).
(c)
Any workforce continuing education program meeting or exceeding
780 contact hours in length must result in the award of semester or quarter
credit hours and be applicable to a certificate and an applied associate degree
program. An exception shall be made for Emergency Medical/Paramedic continuing
education programs, which may reach 800 contact hours.
§9.114.Application and Approval Procedures for Workforce Continuing Education Courses.
(a)
Any workforce continuing education course listed in the
Workforce Education Course Manual (WECM) may be offered by any public two-year
college without prior approval by the Board. Courses in the current WECM are
valid until revised or deleted by subsequent updates of the WECM.
(b)
All workforce continuing education courses shall meet the
guidelines outlined in the Guidelines for Instructional Programs in Workforce
Education as approved by the Board and the Workforce Education Course Manual.
§9.115.Funding.
(a)
Contact hours reported for workforce education courses,
which result in continuing education units (CEUs) shall be eligible for state
appropriations.
(b)
Workforce continuing education courses with fewer than
seven (7) contact hours of instruction will not receive state funding unless
the specific type and length of instruction are required by local, state,
or national licensing, certifying, regulatory, or accrediting agencies.
(c)
Community interest courses shall not be eligible for state
appropriations.
(d)
Workforce Education Course Manual continuing education
special topics courses that are not designed to prepare adult students for
employment shall not be eligible for state appropriations.
§9.116.Reporting to the Board.
Contact hours for workforce continuing education courses from public
two-year colleges must be determined and reported in compliance with Board
policy as outlined in the Guidelines for Instructional Programs in Workforce
Education as approved by the Board, the Workforce Education Course Manual,
and state law.
§9.117.Disapproval of Courses; Noncompliance.
No funds appropriated to any public two-year college may be expended
for any workforce continuing education course which has not been approved
by the Board staff.
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 9, 2004.
TRD-200400851
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.121 - 9.128
The Texas Higher Education Coordinating Board proposes new §§9.121
- 9.128, concerning program development in public two-year colleges. As a
result of the review of §§9.1 - 9.186 the Board proposes new sections
in light of new legislation, amendments to other Board rules, and the desire
to clarify and strengthen some sections of Board rules. Specifically, the
proposed new sections clarify and strengthen Board rules regarding Contractual
Agreements. These rules set out the procedures for approval and reporting
of contractual agreements with other institutions. Section 9.128 provides
that no appropriated funds may be expended for any course which has not been
approved by the Commissioner of Higher Education, even if such course is taught
under a contractual agreement. Section 9.126 reflects new cross-references
to other Board rules. Sections 9.121 - 9.126 change references of "community/junior
colleges" to "community colleges."
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.121.Purpose.
This subchapter shall provide rules and regulations to enable public
two-year colleges to enter into contractual agreements with other institutions
of higher education or non-SACS/COC-accredited organizations (which include
but are not limited to public secondary schools and business and industry)
to improve the articulation, quality, and efficiency of educational programs
and services.
§9.122.Authority.
The Texas Education Code, Subchapter N of Chapter 51, and §§51.923,
61.051(o), 61.053, 61.054, 61.055, 61.060, 61.061, 61.062, 61.064, 61.067,
130.001(b)(3)-(4), 130.006, 130.008, and 130.090, authorize the Coordinating
Board to adopt policies, enact regulations, and establish rules for the public
two-year colleges to enter into agreements with other entities to provide
for appropriate educational services.
§9.123.General Provisions.
(a)
General enrollment or contract training courses that are
non-credit and do not result in the award of CEUs are not eligible for any
state apportionment funding, but a two-year college is free to market such
non-credit or non-CEU training to business, industry, and government at whatever
rate can be negotiated with the contracting organization. Exceptions regarding
programs serving incarcerated students must be submitted to the Coordinating
Board staff for review and approval.
(b)
Courses earning CEUs shall be subject to the guidelines
published by the Southern Association of Colleges and Schools Commission on
Colleges as a condition of eligibility for state appropriations.
(c)
All student enrollments for semester hour credit are subject
to the provisions of the Texas Success Initiative as applicable.
(d)
Public two-year colleges providing courses to organizations
for which semester hour credits or CEUs are earned must charge out-of-state
tuition to non-resident students who are brought from out of state for such
contract courses.
§9.124.Contractual Agreements for Instruction with Non-SACS/COC-Accredited Organizations Other than Public Secondary Schools.
(a)
General Policy Guidelines.
(1)
Contractual agreements for instruction by public two-year
colleges with non-SACS/COC accredited organizations must comply with all current
guidelines of the Southern Association of Colleges and Schools Commission
on Colleges.
(2)
Courses and programs offered under contractual agreements
must be consistent with the educational purpose, mission, and goals of the
institution.
(3)
Courses and programs offered and eligible for state appropriations
must remain under the sole and direct control of the sponsoring public two-year
college.
(b)
Regulations.
(1)
Board Approval.
(A)
All programs and courses must be approved through the established
procedures of the Board.
(B)
Requirements. Courses offered must remain under the sole
and direct control of the sponsoring public two-year college which exercises
ultimate and continuing responsibility for the performance of the functions
reflected in the contract. Instructors of courses must meet qualifications
as stipulated by the public two-year college. The public two-year college
must employ at least one full-time faculty member per degree program and specify
in the contract the institutional procedures by which the contracted courses
or programs meet the standards of regular programs as disclosed fully in the
publications of the institution, specifically including the following:
(i)
recruitment and counseling of students;
(ii)
admission of students to courses and/or to the sponsoring
institution where certificate and associate degree programs are pursued;
(iii)
development and evaluation of the curriculum;
(iv)
evaluation of student progress;
(v)
record keeping;
(vi)
tuition and/or fee charges, receipts and disbursement
of funds, and refund policy;
(vii)
appointment, supervision, and evaluation of faculty;
and
(viii)
instruction and learning resources.
(2)
The Contractual Agreement.
(A)
The contractual agreement must be executed by designated
officers of the public two-year college and their counterparts in the contracting
organization.
(B)
The contractual agreement shall establish a definite understanding
between the public two-year college and the contracting agency to include
each of the items required by this subsection.
(C)
The agreement shall specify the work to be performed, the
period of the agreement, and the conditions under which any renewal or renegotiation
must occur.
§9.125.Contractual Agreements for Instruction with Public Secondary Schools.
(a)
General Policy Guidelines.
(1)
Public two-year colleges may contract to provide instruction
for public secondary schools.
(2)
Provision of instruction for public secondary schools by
public two-year colleges must be in accordance with rules and guidelines established
by the State Board of Education.
(3)
Instruction provided under a contractual agreement under
this section may include only coursework necessary for students to complete
high school. It does not apply to early admission programs for high school
students entering college.
(b)
Regulations.
(1)
Instructors in contract programs with public secondary
schools must meet qualifications required by the public two-year college as
well as the minimum guidelines approved by the State Board of Education.
(2)
An agreement between the public two-year college and the
public secondary school must be approved by both governing boards.
(3)
Funding for this type of instruction must flow to the public
secondary school as the contracting agency. An agreed cost for instruction
must be negotiated between the public two-year college and the public secondary
school.
§9.126.Contractual Agreements for Instruction with Other SACS/COC-Accredited Institutions of Higher Education.
(a)
Public two-year colleges may enter into cooperative undertakings
or contractual agreements with other Texas' public two-year colleges as permitted
by state law.
(b)
Public two-year colleges may enter into cooperative undertakings
or contractual agreements with other Texas public institutions of higher education
as part of a multi-institution teaching center as outlined under Chapter 5,
Subchapter D, §5.78 of this title (relating to Supply/Demand Pathway
or other partnership agreements on a shared-cost basis as permitted by state
law.
(c)
Public two-year colleges may enter into cooperative undertakings
or contractual agreements with SACS/COC-accredited independent institutions
of higher education as part of a multi-institution teaching center as outlined
under Chapter 5, Subchapter D, §5.78 of this title (relating to Supply/Demand
Pathway or other partnership agreements on a shared-cost basis as permitted
by state law.
§9.127.Reporting to the Board.
Contact hours for contract instruction eligible for state appropriations
must be determined and reported in compliance with state law and Board rules
and policy.
§9.128.Disapproval of Courses; Noncompliance.
No funds appropriated to any public two-year college may be expended
for any course which has not been approved by the Commissioner, even if such
course is taught under a contractual agreement.
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 9, 2004.
TRD-200400853
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.141 - 9.144, 9.146, 9.147
The Texas Higher Education Coordinating Board proposes new §§9.141
- 9.144, 9.146, and 9.147, concerning program development in public two-year
colleges. Specifically, the proposed new sections clarify and strengthen Board
rules regarding Partnerships between Secondary Schools and Public Two-Year
Colleges. Section 9.143 updates cross-references to other Board rules and §§9.141
- 9.144 change references of "community/junior colleges" to "community colleges."
Section 9.143 and §9.146 align college-readiness assessment requirements
with the Texas Assessment of Academic Skills and Board rules on the Texas
Success Initiative in §9.143 and §9.146.
Dr. Glenda O. Barron has determined that for each year of the first five
years the sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering the sections will be to clarify and in some cases simplify Board
rules concerning program development in public two-year colleges. There is
no effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed. There is no impact
on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3)
- (4), 130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the
Coordinating Board with the authority to adopt policies, enact regulations,
and establish rules for various functions relating to program development
and the general operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3) - (4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.141.Purpose.
(a)
The Coordinating Board encourages and supports partnerships
between secondary schools and public two-year colleges including such initiatives
as Tech-Prep and dual 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 partnership initiatives with secondary schools that are
unique to public two-year colleges. Rules for partnerships that concern dual
credit may be found in Chapter 4, Subchapter D of this title (relating to
Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).
§9.142.Authority.
Texas Education Code, §§29.182, 29.184, 61.076(a), 61.851
- 61.855, 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d), authorize
the Coordinating Board to adopt policies, enact regulations, and establish
rules for public two-year colleges 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. In addition, the Carl D.
Perkins Vocational and Applied Technology Education Act (hereinafter known
as "the Act"), as amended, authorizes the State Board of Education in its
capacity as the State Board for Career and Technology Education to designate
the Coordinating Board as the administering agency of the Tech-Prep Education
Act, or that section, part, or title of the Act referring to Tech-Prep Education.
§9.143.Types of Partnerships.
(a)
Partnerships for Award of High School Credit Only. Contractual
agreements between public school districts and public two-year colleges in
which the latter provide instruction in courses to high school students for
award of high school credit only. Rules for these agreements are located in
Subchapter G, §9.125 of this title (relating to Contractual Agreements
for Instruction with Public Secondary Schools).
(b)
Partnerships for Award of Dual Credit. Partnerships between
secondary schools and public two-year colleges 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)
Partnerships for Tech-Prep Programs. Partnerships between
public school districts and public two-year colleges to allow for the articulation
of high school technical courses taught by the high school to high school
students for immediate high school credit and later college credit, to be
awarded upon enrollment of the students in a two-year college in an associate
degree or certificate program.
(d)
Partnerships for Remedial or Developmental Instruction
for High School Graduates. Partnerships between public school districts and
public two-year colleges to provide instruction by the latter to high school
students for either remedial course work to prepare students to pass the exit-level
Texas Assessment of Knowledge and Skills (TAKS) test or developmental course
work to prepare the students to pass an assessment instrument approved by
the Board under §4.56 of this title (relating to Assessment Instruments).
§9.144.Partnership Agreements.
(a)
Need For Partnership Agreement. For any instructional partnership
between a secondary school and a public two-year college, an agreement must
be approved by the governing boards or designated authorities of both the
public school district or private secondary school and the public two-year
college.
(b)
Elements of Partnership Agreements. Any partnership agreement
as described in §9.143 of this title (relating to Types of Partnerships)
must address the following elements:
(1)
student eligibility requirements;
(2)
faculty qualifications;
(3)
location and student composition of classes;
(4)
provision of student learning and support services;
(5)
eligible courses;
(6)
grading criteria;
(7)
transcripting of credit; and
(8)
funding provisions.
§9.146.Remedial and Developmental Instruction for High School Students.
(a)
As outlined under Chapter 9, Subchapter G, §9.125
of this title (relating to Contractual Agreements for Instruction with Public
Secondary Schools) two-year colleges may contract with public secondary school
districts to provide remedial courses for students enrolled in public secondary
schools in preparation for graduation from high school. Such courses are not
eligible for state appropriations.
(b)
High school students who have passed all sections of the
exit-level TAKS test with the high school graduation standard may be permitted
to enroll in state-funded developmental courses offered by a college at the
college's discretion if a need for such course work is indicated by student
performance on an assessment instrument approved by the Board under §4.56
of this title (relating to Assessment Instruments).
(c)
Remedial and developmental courses may not be offered for
dual credit.
(d)
Only a public community college may waive tuition and fees
for a Texas public high school student enrolled in a remedial course or a
developmental course. Public technical colleges and state colleges may not
waive tuition and fees.
§9.147.Tech-Prep Education.
(a)
General Provisions.
(1)
The State Board of Education, in its capacity as the Board
for Career and Technology Education, is the eligible agency responsible for
implementation and evaluation of all programs funded in Texas under the Act,
as amended, until such time as the Act amends the provision defining the eligible
agency.
(2)
The State Board of Education, in its capacity as the eligible
agency, has designated the Texas Higher Education Coordinating Board as the
administering agency responsible for the operation and supervision of that
section, part, or title of the Act referring to Tech-Prep Education.
(b)
State Administration of Tech-Prep.
(1)
The Board shall annually award Tech-Prep funds to eligible
consortia in accordance with the Act, as amended, and the Code.
(2)
Notwithstanding provisions of the Act and the Code, annual
awards to eligible consortia shall be based upon a formula which shall be
adopted by the Board after a public hearing.
(3)
To be eligible for an award, a consortium shall submit
an application and all supporting documentation on an annual basis and in
a manner and time frame determined by Board staff that documents and ensures
the progress of local consortium activities addressing the requirements of
the Act and the Code and enables the state to meet state goals, objectives,
and performance criteria, and to meet federal evaluation criteria as designated
in the Consolidated State Plan.
(4)
Board staff shall assist local consortia with the evaluation
of local activities and provide technical assistance to consortia that do
not meet evaluation criteria standards or upon request by the consortia.
(5)
Board staff shall provide oversight of all Tech-Prep activities
to ensure that funds provided by the Act for Tech-Prep education are expended
according to provisions of the Act, and the Code.
(c)
Consortium Responsibilities.
(1)
Each consortium shall create, evaluate, and maintain a
long-term strategic plan that addresses goals, objectives, activities, and
evaluation criteria supporting local, state, and federal goals and evaluation
criteria.
(2)
Each consortium shall develop and implement local activities
and coordinate the expenditure of funds in accordance with guidelines determined
by the Act and the Code, as well as state and local goals and objectives.
(3)
Each consortium shall maintain the records on local activities
and budgetary expenditures to support evaluation criteria and participate
in a scheduled, systematic, evaluation program.
(4)
Each consortium shall provide reports on activities, activity
outcomes, and budgetary expenditures in a manner and time as established by
Board staff.
(5)
Each consortium shall ensure that every local school district
and public college and university in the consortium service area will have
the opportunity to develop Tech-Prep programs of study as defined by the Act
and the Code.
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 9, 2004.
TRD-200400855
Jan Greenberg
General Counsel
Texas Higher Eduction Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.161 - 9.163
The Texas Higher Education Coordinating Board proposes new §§9.161
- 9.163, concerning program development in public two-year colleges. As a
result of the review of §§9.1 - 9.186 the Board proposes these new
sections in light of new legislation, amendments to other Board rules, and
the desire to clarify and strengthen some sections of Board rules. Specifically,
the proposed new sections clarify Board rules regarding Distance Education.
New §9.163 relates to the approval of courses and programs offered through
distance education and is identical to the section proposed for repeal except
for an updated reference to other Board rules.
Dr. Glenda O. Barron has determined that for each year of the first five
years the sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the sections will be to clarify and in some cases simplify Board
rules concerning program development in public two-year colleges. There is
no effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed. There is no impact
on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3)
- (4), 130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the
Coordinating Board with the authority to adopt policies, enact regulations,
and establish rules for various functions relating to program development
and the general operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060 - 61.063, 61.084, 130.001(b)(3) - (4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.161.Purpose.
This subchapter provides rules and regulations for public community
colleges for the delivery of courses and programs via instructional telecommunications
or to locations out of district, out of state, and out of country.
§9.162.Authority.
The Texas Education Code, §§61.051(j), 61.053, 61.054, 61.060,
61.061, 61.062, 130.001(b)(3) - (4), and 130.086(d), authorize the Coordinating
Board to adopt policies, enact regulations, and establish rules for public
community colleges for the delivery of courses and programs out of district,
out of state, and out of country.
§9.163.Courses and Programs Offered through Distance Education.
(a)
Chapter 4, Subchapter E of this title (relating to Approval
of Distance Education and Off-Campus Instruction for Public Colleges and Universities)
are hereby applicable to public community colleges. These sections provide
particular requirements and procedures for the offering of courses and programs
by public community colleges at out-of-district, out-of-state, and out-of-country
locations.
(b)
Courses and programs not eligible for state appropriations
and offered in out-of-district, out-of-state, and out-of-country locations
shall meet the same rules, regulations, and guidelines established by the
Board for courses and programs eligible for state appropriations.
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 9, 2004.
TRD-200400857
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§9.181 - 9.186
The Texas Higher Education Coordinating Board proposes new §§9.181
- 9.186, concerning program development in public two-year colleges. As a
result of the review of §§9.1 - 9.186 the Board proposes these new
sections in light of new legislation, amendments to other Board rules, and
the desire to clarify and strengthen some sections of Board rules. Specifically,
the proposed new sections clarify and strengthen Board rules relating to Academic
Associate Degree Programs. Section 9.183 proscribes the degree titles, program
length, and program content of Academic Associate Degree Programs. Sections
9.183 and 9.184 require approval of the Board and reporting to the Board of
those programs. Section 9.186 provides that no appropriated funds to any public
two-year college or other public institution providing certificate or associate
degree may be expended for an academic associate degree program that is not
in compliance with these rules by August 1, 2004.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning program development in public two-year colleges. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed new sections may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under the Texas Education Code, §§51.308,
51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules for various functions relating to program development and the general
operation of a public two-year colleges.
The new sections affect Texas Education Code §§51.308, 51.403(e),
51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4),
130.003, 130.005, 130.0051, 130.008, and 130.009.
§9.181.Purpose.
This subchapter provides rules for the structure of academic associate
degree programs in public community colleges and Lamar State College-Port
Arthur and Lamar State College-Orange that are eligible for state appropriations.
§9.182.Authority.
The Texas Education Code, §§61.003, 61.051(e) - (f), 61.0513,
61.053, 61.054, 61.055, 61.061, 61.062(c) - (d), 61.075, 130.001(b)(3) - (4),
130.003(e)(1)(2)(3) and (7) and 135.04, authorize the Coordinating Board to
adopt policies, enact regulations, and establish rules for the coordination
of postsecondary certificate and associate degree programs eligible for state
appropriations.
§9.183.Degree Titles, Program Length, and Program Content.
(a)
An academic associate degree may be called either an associate
of arts (AA) or an associate of science (AS) degree.
(1)
The associate of arts (AA) is the default title for an
academic associate degree program if the college offers only one type of academic
degree program.
(2)
If a college offers both associate of arts (AA) and associate
of science (AS) degrees, the degree programs may be differentiated in one
of two ways, including:
(A)
The AA program may have additional requirements in the
liberal arts and/or the AS program may have additional requirements in disciplines
such as science, mathematics, or computer science; or
(B)
The AA program may serve as a foundation for the BA degree
and the AS program for the BS degree.
(b)
Academic associate degree programs must consist of a minimum
of 60 SCH and a maximum of 66 SCH.
(c)
Except as provided in paragraph (1) of this subsection,
academic associate degree programs must incorporate the institution's approved
core curriculum as prescribed by §4.28 of this title (relating to Core
Curriculum) and §4.29 of this title (relating to Core Curricula Larger
than 42 Semester Credit Hours).
(1)
A college may offer a specialized academic associate degree
that incorporates a Board-approved field of study curriculum as prescribed
by §4.32 of this title (relating to Field of Study Curricula) and a portion
of the college's approved core curriculum if the coursework for both would
total more than 66 SCH.
(2)
A college that has a signed articulation agreement with
a General Academic Teaching Institution to transfer a specified curriculum
may offer a specialized associate degree program that incorporates that curriculum.
§9.184.Approval.
Public community colleges and the two public state colleges authorized
to offer transfer programs may offer academic associate degree programs that
conform to these guidelines without requesting approval from the Board.
§9.185.Reporting to the Board.
Contact hours for courses in approved academic certificate and associate
degree programs at public two-year colleges and other public institutions
providing certificate or associate degree programs must be determined and
reported in compliance with Board policy as outlined in the Lower-Division
Academic Course Guide Manual and state law.
§9.186.Disapproval of Programs; Noncompliance.
No funds appropriated to any public two-year colleges and other public
institutions providing certificate or associate degree programs shall be expended
for any academic associate degree program that is not in compliance with these
rules. Existing academic degree programs must be brought into compliance by
August 1, 2004.
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 9, 2004.
TRD-200400859
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. PURPOSE, AUTHORITY, AND DEFINITIONS
19 TAC §§10.1 - 10.3
The Texas Higher Education Coordinating Board proposes amendments
to §§10.1 - 10.3 concerning institutional effectiveness in public
community/junior and technical colleges. Specifically, the Board proposes
these amendments to replace references to "community/junior and technical
colleges" with references to "two-year colleges"; and adding "public" to appropriate
references to other institutions.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering the section will be to clarify and in some cases simplify Board
rules concerning institutional effectiveness in public two-year colleges and
other institutions offering certificate and associate degree programs. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(e)(f)(g)(k)(n)(o),
61.054, 61.055, 61.061, 61.062(c)(d)(e), 61.063, 61.0651, 61.066, 130.001(b)(3)-(5),
130.003, and 135.01, which provides the Coordinating Board with the authority
to adopt policies, enact regulations, and establish rules to provide for the
review of the institutional effectiveness of programs, services, and standards
of operation for Texas public two-year colleges and other institutions providing
certificate and associate degree programs.
The amendments affect Texas Education Code §§61.051(e)(f)(g)(k)(n)(o),
61.054, 61.055, 61.061, 61.062(c)(d)(e), 61.063, 61.0651, 61.066, 130.001(b)(3)-(5),
130.003, and 135.01.
§10.1.Purpose.
(a)
The purpose of this chapter is to provide guidelines for
the state-level evaluation of public
two-year
[
(1)
according to Board approved criteria, assesses and evaluates
public
two-year
[
(2)
(No change.)
(b)
State-level evaluation:
(1)
encourages the continuous improvement of Texas public
two-year
[
(2)
(No change.)
(3)
enables Texas public
two-year
[
§10.2.Authority.
Texas Education Code, §§61.051(e)(f)(g)(k)(n)(o), 61.054,
61.055, 61.061, 61.062(c)(d)(e), 61.063, 61.0651, 61.066, 130.001(b)(3)-(5),
130.003, and 135.01, authorize the Coordinating Board to adopt policies, enact
regulations, and establish rules to provide for the review of the institutional
effectiveness of programs, services, and standards of operation for Texas
public
two-year
[
§10.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1) - (4)
(No change.)
(5)
Governing board--The body charged with policy direction
of any public community[
(6)
Institutional effectiveness--A comprehensive statewide
evaluation process for Texas public
two-year
[
(7)
Public community college--Any
public junior college or public community college as defined in Texas Education
Code, §§61.003 and 130.005, and whose role, mission, and purpose
is outlined in Texas Education Code, §§130.0011 and 130.003.
(8)
Public two-year college--Any
public junior college, public community college, public technical college,
or public state college as defined in Texas Education Code, §61.003.
(9)
[
(10)
[
(11)
[
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 5, 2004.
TRD-200400746
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §10.23
The Texas Higher Education Coordinating Board proposes amendments
to §10.23, concerning institutional effectiveness in public community/junior
and technical colleges. Specifically, the Board proposes amendments to the
section to replace references to "community/junior and technical colleges"
with references to "two-year colleges;" and adding "public" to appropriate
references to other institutions.
Dr. Glenda O. Barron has determined that for each year of the first five
years the amendments are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
amended rule.
Dr. Barron has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be to clarify and in some cases simplify
Board rules concerning institutional effectiveness in public two-year colleges
and other institutions offering certificate and associate degree programs.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the amendments as proposed. There
is no impact on local employment.
Comments on the proposed amendments may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.051(e),
(f), (g), (k), (n), and (o), 61.054, 61.055, 61.061, 61.062(c), (d), and (e),
61.063, 61.0651, 61.066, 130.001(b)(3) - (5), 130.003, and 135.01, which provides
the Coordinating Board with the authority to adopt policies, enact regulations,
and establish rules to provide for the review of the institutional effectiveness
of programs, services, and standards of operation for Texas public two-year
colleges and other institutions providing certificate and associate degree
programs.
The amendments affect Texas Education Code §§61.051(e), (f),
(g), (k), (n), and (o), 61.054, 61.055, 61.061, 61.062(c), (d), and (e), 61.063,
61.0651, 61.066, 130.001(b)(3) - (5), 130.003, and 135.01.
§10.23.Compliance and Certification.
The Commissioner shall certify to the proper officials the names of
those community[
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 5, 2004.
TRD-200400747
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. PURPOSE, AUTHORITY, AND DEFINITIONS
19 TAC §§12.1 - 12.3
(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.)
Texas Higher Education Coordinating Board proposes
the repeal of §§12.1 - 12.3 concerning career schools and colleges.
These sections relate to the purpose, authority, and definitions of career
schools and colleges. Repealing the rules update references to other Board
rules as the result of the repeal and adoption of Board rules in previous
Board meetings; and update definitions.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
theses sections will be to update references to other Board rules found in
these sections and update some definitions concerning career schools and colleges
offering associate degree programs. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the repeal of the sections as proposed. There is no impact on local employment.
Comments on the repeal may be submitted to Glenda O. Barron, Texas Higher
Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas 78752;
Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
The repeal of the rules is proposed under Texas Education Code,
Chapter 132, §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 career
schools and colleges.
The repeal affects Texas Education Code Chapter 132, §132.063, and
Chapter 61, Subchapter G.
§12.1.Purpose.
§12.2.Authority.
§12.3.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 9, 2004.
TRD-200400862
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§12.1 - 12.3
Texas Higher Education Coordinating Board proposes new §§12.1
- 12.3 concerning career schools and colleges. Specifically, the proposed
new sections update references to other Board rules as the result of the repeal
and adoption of Board rules in previous Board meetings; and update definitions
in §12.3.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering theses sections will be to update references to other Board
rules found in these sections and update some definitions concerning career
schools and colleges offering associate degree programs. There is no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the section as proposed. There is no impact on
local employment.
Comments on the proposed new rules may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under Texas Education Code, Chapter
132, §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 career schools
and colleges.
The new sections affect Texas Education Code Chapter 132, §132.063,
and Chapter 61, Subchapter G.
§12.1.Purpose.
The purpose of this chapter is to assure the quality and integrity
of associate degree programs offered by career schools and colleges by establishing
minimum standards and operating requirements, encouraging continuous improvement
of degree programs, and promoting institutional accountability.
§12.2.Authority.
The Texas Education Code, Chapter 132, §132.063, and Chapter 61,
Subchapter G, authorize the Board to adopt policies, enact regulations, and
establish rules to enforce minimum standards for the approval and on-going
assessment of programs of study leading to associate degrees offered by career
schools and colleges.
§12.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Agent--A career school or college owner, partner, stockholder,
officer, recruiter, administrator, faculty member, financial aid counselor,
academic counselor or other person who represents the institution in an official
capacity. Persons employed in clerical, custodial, or similar positions, or
shareholders with no direct relationship to the institution, are not considered
agents of an institution.
(2)
Associate degree program--A grouping of courses designed
to lead the individual directly to employment in a specific career, or to
transfer to an upper-level baccalaureate program. This specifically refers
to the associate of arts, the associate of science, the associate of applied
arts, the associate of applied science, and the associate of occupational
studies degrees.
(3)
Board or Coordinating Board--The Texas Higher Education
Coordinating Board.
(4)
Career school or college--Any business enterprise operated
for a profit, or on a nonprofit basis, that maintains a place of business
in the State of Texas or solicits business within the State of Texas, and
that is not specifically exempted by this chapter, and:
(A)
That offers or maintains a course or courses of instruction
or study; or
(B)
At which place of business such a course or courses of
instruction or study is available through classroom instruction, by electronic
media, by correspondence, or by some or all, to a person for the purpose of
training or preparing the person for a field of endeavor in a business, trade,
technical, or industrial occupation, or for avocational or personal improvement.
(5)
Certificate of Authority--The document provided to a career
school or college to certify that it has met the standards set forth in the
rules of the Board and that, pursuant to Texas Education Code, Chapter 132
and Chapter 61, Subchapter G, it is authorized to conduct courses and grant
associate’s degrees as specified in §12.21 of this title (relating
to Degree Titles Authorized).
(6)
Change of ownership or control--Any change in ownership
or control of a career school or college or an agreement to transfer control
of such institution.
(A)
The ownership or control of a career school or college
is considered to have changed:
(i)
In the case of ownership by an individual, when more than
50 percent of the institution has been sold or transferred;
(ii)
In the case of ownership by a partnership or a corporation,
when more than 50 percent of the institution or of the owning partnership
or corporation has been sold or transferred; or
(iii)
When the board of directors, officers, shareholders,
or similar governing body has been changed to such an extent as to significantly
alter the management and control of the institution.
(B)
A change of ownership or control does not include a transfer
that occurs as a result of the retirement or death of the owner if transfer
is to a member of the owner's family who has been directly and constantly
involved in the management of the institution for a minimum of two years preceding
the transfer. For the purposes of this section, a member of the owner's family
is a parent, sibling, spouse, or child; spouse's parent or sibling; or sibling's
or child's spouse.
(7)
Cited--Any reference to an institution in a negative finding
or action by an accreditor.
(8)
Classification of Instructional Programs (CIP) Code--The
4- or 6-digit code assigned to an approved associate degree program in accordance
with the CIP manual published by the U. S. Department of Education, National
Center for Education Statistics. CIP codes define the authorized teaching
field of the specified degree program, based upon the occupation(s) for which
the program is designed to prepare its graduates.
(9)
Commissioner or Commissioner of Higher Education--The chief
executive officer of the Texas Higher Education Coordinating Board.
(10)
Concurrent instruction--Students enrolled in different
classes, courses, and/or subjects being taught, monitored, or supervised simultaneously
by a single faculty member.
(11)
Contract instruction--Specifically targeted instruction
designed by a career school or college and a contracting entity.
(12)
Degree--Any title or designation, mark, abbreviation,
appellation, or series of letters or words, including associate's, bachelor's,
master's, doctor's and their equivalents, which signify, purport to signify,
or are generally taken to signify satisfactory completion of the requirements
of all or part of a program of study that is generally regarded and accepted
as an academic/occupational degree-level program among Texas postsecondary
institutions.
(13)
Exempt institution--A degree-granting institution exempt
from the Texas Education Code, Chapter 132.
(14)
Guidelines for Instructional Programs in Workforce Education
(GIPWE)--A Coordinating Board-approved publication containing policies and
procedures related to the design, development, proposal, approval, operation,
and evaluation of workforce education courses and programs for Texas public
institutions of higher education and career schools and colleges
(15)
Institution--A career school or college.
(16)
List of Approved Programs--The document an institution
receives that lists the name of each of the institution’s approved degree
programs; this list is updated each time an institution receives approval
for a new degree program, closes a degree program, or changes the CIP code
or title of a degree program.
(17)
Owner--The owner of a career school or college means:
(A)
in the case of an institution owned by an individual, that
individual;
(B)
in the case of an institution owned by a partnership, all
full, silent, and limited partners;
(C)
in the case of an institution owned by a corporation, the
corporation, its directors, officers, and each shareholder owning shares of
issued and outstanding stock aggregating at least 10 percent of the total
of the issued and outstanding shares;
(D)
in the case of an institution in which the ownership interest
is held in trust, the beneficiary of that trust; or
(E)
in the case of an institution owned by another legal entity,
a person who owns at least 10 percent ownership interest in that entity.
(18)
Private postsecondary institution--An institution of higher
education that:
(A)
Is not a public community college, public technical college,
public state college, public senior college, or university, medical or dental
unit or other agency as defined in the Texas Education Code, §61.003;
(B)
Is incorporated under the laws of this state, or maintains
a place of business in this state, or has a representative present in this
state, or solicits business in this state; and
(C)
Furnishes or offers to furnish courses of instruction in
person, by electronic media, by correspondence, or by some or all, leading
to a degree, or provides or offers to provide credits alleged to be applicable
to a degree.
(19)
Program approval--The process whereby a career school
or college requests approval from the Board to implement a technical or vocational
program of study leading to an applied associate degree.
(20)
Program or program of study--Any course or grouping of
courses that entitles a student to an applied associate degree or to credits
that are applicable to an applied associate degree.
(21)
Prospective student--An individual who expresses interest
in a program of study and who is provided with written information about the
institution or any of the institution’s programs.
(22)
Texas Success Initiative--A program for each career school
or college to:
(A)
Assess the academic skills of each entering student to
determine the student’s readiness to enroll in freshman-level academic
coursework using test instruments approved by the Coordinating Board;
(B)
Advise students regarding coursework and other means by
which to develop academic skills required for successful completion of college-level
work; and
(C)
Provide a written plan to work with the student to become
ready to perform freshman-level coursework.
(23)
Target market area--The local, regional, statewide, and/or
national area from which the career school’s or college’s students
are drawn and in which employment opportunities have been identified for graduates
of that institution's associate degree programs.
(24)
Teach-out agreement--A formal arrangement between a closed
career school or college and another institution authorized by the Board to
grant the associate degree, which provides for student transfer, completion
of degree requirements, and awarding degrees to students transferred from
the closed career school or college.
(25)
Teach-out institution--An institution that is authorized
by the Board to grant the associate degree and that has formally accepted
the transfer of students from a closed career school or college.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 9, 2004.
TRD-200400861
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§12.21 - 12.39
(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 §§12.21 - 12.39 concerning career schools and colleges.
These sections provide the general provisions relating to career schools and
colleges. The repeal is necessary because these sections are being replaced
with new §§12.21 - 12.39 that is published contemporaneously in
this issue of the
Texas Register
. Repealing
the rules reorganize several sections within the subchapter to be more coherent
and corrects grammar and syntax; update references to other Board rules in §§12.21,12.23,
12.29, 12.34, 12.37, 12.38 as the result of the repeal and adoption of Board
rules in previous Board meetings; clarify what constitutes travel expenses
of Board staff in §12.22; expand degree program approval to include approval
of courses leading to an associate degree in §12.25 and §12.26;
clarify the distinction between the authority to grant degrees and individual
degree program approval in §12.25; provide a codified mechanism by which
schools already offering degrees in Texas can open new campuses in §12.25;
clarify the Commissioner’s actions on a Certificate of Authority (COA)
in §12.26; clarify the complaint process in §12.35; clarify the
procedure for acting upon adverse findings resulting from a site visit in §12.37;
provide for a one-year period in which a school may not submit new degree
program applications when the Commissioner has withdrawn or suspended or a
school has voluntarily surrendered or suspended the school’s COA for
non-compliance in §12.37; provide direction for schools that close unexpectedly
in §12.38; and clarify the teach-out provision in §12.38.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
these sections will be to clarify and in some cases simplify Board rules concerning
career schools and colleges offering associate degree programs, as well as
correct grammar and syntax. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the repeal of the sections as proposed. There is no impact on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal is proposed under Texas Education Code, Chapter 132, §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 career schools and colleges.
The repeal affects Texas Education Code Chapter 132, §132.063, and
Chapter 61, Subchapter G.
§12.21.Degree Titles Authorized.
§12.22.Fees and Expenses.
§12.23.Application for a Certificate of Authority.
§12.24.Standards for Associate Degree-Granting Career Schools and Colleges.
§12.25.Commissioner Action on an Application for a Certificate of Authority.
§12.26.Change of Ownership or Control.
§12.27.Closure of a Career School or College.
§12.28.Institutional Evaluation.
§12.29.Accreditation.
§12.30.Texas Success Initiative.
§12.31.Transfer of Credit.
§12.32.Graduation and Job Placement Rates.
§12.33.The Associate of Occupational Studies (AOS) Degree.
§12.34.Concurrent Instruction.
§12.35.Credit for Prior Learning.
§12.36.Complaints.
§12.37.Legal Proceedings.
§12.38.Exemption from the Texas Education Code, Chapter 132.
§12.39.Withdrawal of a Certificate of Authority.
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 9, 2004.
TRD-200400864
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§12.21 - 12.39
The Texas Higher Education Coordinating Board proposes new §§12.21
- 12.39 concerning career schools and colleges. Specifically, the proposed
new sections reorganize several sections within the subchapter to be more
coherent and corrects grammar and syntax; update references to other Board
rules in §§12.21,12.23, 12.29, 12.34, 12.37, 12.38 as the result
of the repeal and adoption of Board rules in previous Board meetings; clarify
what constitutes travel expenses of Board staff in §12.22; expand degree
program approval to include approval of courses leading to an associate degree
in §12.25 and §12.26; clarify the distinction between the authority
to grant degrees and individual degree program approval in §12.25; provide
a codified mechanism by which schools already offering degrees in Texas can
open new campuses in §12.25; clarify the Commissioner’s actions
on a Certificate of Authority (COA) in §12.26; clarify the complaint
process in §12.35; clarify the procedure for acting upon adverse findings
resulting from a site visit in §12.37; provide for a one-year period
in which a school may not submit new degree program applications when the
Commissioner has withdrawn or suspended or a school has voluntarily surrendered
or suspended the school’s COA for non-compliance in §12.37; provide
direction for schools that close unexpectedly in §12.38; and clarify
the teach-out provision in §12.38.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering these sections will be to clarify and in some cases simplify
Board rules concerning career schools and colleges offering associate degree
programs, as well as correct grammar and syntax. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the section as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under Texas Education Code, Chapter
132, §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 career schools
and colleges.
The new sections affect Texas Education Code Chapter 132, §132.063,
and Chapter 61, Subchapter G.
§12.21.Degree Titles Authorized.
(a)
Associate of Applied Science (AAS), Associate of Applied
Arts (AAA), and Associate of Occupational Studies (AOS) degrees shall be the
only associate degrees authorized under this chapter.
(b)
A private postsecondary institution seeking authority to
offer a baccalaureate or higher degree shall seek approval from the Board
and is subject to the provisions outlined under Chapter 7 of this title (relating
to Private and Out-of-State Public Postsecondary Educational Institutions
Operating in Texas).
§12.22.Fees.
The Board is authorized to establish and collect fees from institutions
to offset the costs of associate degree program coordination and administration
for career schools and colleges. The Board authorizes the Commissioner to
set these fees in an amount not to exceed the actual cost incurred for the
service or services the staff provides. The current fee schedule and the nature
of the fees are outlined in the Guidelines for Instructional Programs in Workforce
Education.
§12.23.Exemption.
(a)
A career school or college that applies for and is declared
exempt by the Texas Workforce Commission from the Texas Education Code, Chapter
132, shall not operate under the provisions of this chapter. Upon becoming
exempt, a degree-granting career school or college shall immediately:
(1)
apply for a Certificate of Authority to operate as a private
postsecondary educational institution according to the provisions of Chapter
7 of this title (relating to Private and Out of State Public Postsecondary
Educational Institutions Operating in Texas); or
(2)
cease granting degrees and relinquish the Certificate of
Authority to the Board.
(b)
If an exempt institution relinquishes its exempt status
and obtains approval from the Texas Workforce Commission to operate as a career
school or college, the institution shall apply for a Certificate of Authority
as outlined under §12.25 of this title (relating to Application for a
Certificate of Authority).
§12.24.Standards for Associate Degree-Granting Career Schools and Colleges.
The decision to grant a Certificate of Authority to a career school
or college shall be based upon its compliance with the following 15 standards.
(1)
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 students will receive education
consistent with the objectives of the course or program of study. All administrators
of an institution shall meet the qualifications outlined in the Guidelines
for Instructional Programs in Workforce Education.
(2)
Instructional Assessment. Provisions shall be made for
the continual assessment of the program of study, including the evaluation
and improvement of instruction.
(3)
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 program of study shall
be offered in organized classes by the institution. All curricula shall meet
the standards and criteria outlined in the Guidelines for Instructional Programs
in Workforce Education.
(4)
Facilities and Equipment. The institution shall have adequate
space, equipment, and instructional materials to provide good quality education
and training. All facilities and equipment shall meet the standards outlined
in the Guidelines for Instructional Programs in Workforce Education.
(5)
Financial Resources and Stability. The institution shall
have the adequate financial resources and financial stability to satisfy the
financial regulations of the Texas Workforce Commission, the U. S. Department
of Education if the institution participates in Title IV financial aid programs,
and the institution's accrediting agency.
(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 in accordance with generally accepted accounting practices.
(7)
Administrative Resources. The director of a career school
or college having a Certificate of Authority shall have daily access to electronic
communication, including e-mail and a connection to the Internet/World Wide
Web. All institutions shall be able to receive time-sensitive information
about Board rules and policies via electronic media.
(8)
Faculty. All faculty shall meet the qualifications outlined
in the Guidelines for Instructional Programs in Workforce Education.
(9)
Catalog. Career schools and colleges shall provide the
information described by subparagraphs (A) through (Q) of this paragraph to
prospective students prior to enrollment. The institution shall provide students
and other interested persons with a catalog or brochure. If any of the information
is provided to students in the form of a supplement or addendum to a printed
catalog, the institution shall retain documentation on file to verify that
every enrolled student received a copy of the addendum or supplement along
with the catalog. The institution shall, on an annual basis, furnish the Board
with a copy of its most current catalog and a current roster of all faculty
members including names, teaching assignments, qualifying degree, and highest
degree earned. The institution shall provide students and other interested
persons with a catalog or brochure containing, at minimum, the following information:
(A)
the institution’s mission;
(B)
a statement of admissions policies;
(C)
information describing the purpose, length, and objectives
of the program(s) the institution offers;
(D)
the schedule of tuition, fees, and all other charges and
expenses necessary for completion of the course of study;
(E)
cancellation and refund policies;
(F)
a definition of the unit of credit as it applies at the
institution;
(G)
an explanation of satisfactory progress as it applies at
the institution, including an explanation of the grading or marking system;
(H)
the institution's calendar, including the beginning and
ending dates for each instructional term, holidays, and registration dates;
(I)
a listing of full-time faculty members showing highest
earned degree and identifying the institution that awarded the degree;
(J)
areas of faculty specialization;
(K)
names and titles of administrators;
(L)
a statement of legal control with the names of the trustees,
directors, and officers of the corporation;
(M)
a complete listing of all scholarships offered, if any;
(N)
a statement describing the nature and extent of available
student services;
(O)
a statement of transfer credit policy;
(P)
a statement of Texas Success Initiative requirements; and
(Q)
any disclosures specified by the Board or defined in Board
rules.
(10)
Academic Records. A system of record keeping shall be
established and maintained in a manner consistent with accepted and professional
practice in higher education. Records shall be securely maintained at all
times. Contents of records shall, at minimum, include attendance and progress
or grades. Two copies of the information necessary to generate student transcripts
shall be maintained at separate locations. At least one copy shall be secured
in a manner that is resistant to destruction by fire and natural disaster.
In addition,
(A)
transcripts shall be issued upon request of students or
former students; and
(B)
an institution may withhold a student transcript as allowed
in the Texas Education Code, §132.062.
(11)
Refund Policy. The institution shall adopt, publish, and
adhere to a fair and equitable cancellation and refund policy.
(12)
Student Rights and Responsibilities. A handbook, catalog,
or other publication listing the student's rights and responsibilities shall
be published and supplied to the student upon enrollment in the institution.
The institution shall establish a clear and fair policy regarding due process
in disciplinary matters and shall inform each student of these policies in
writing.
(13)
Housing. Student housing owned, maintained, or approved
by the institution, if any, shall be appropriate, safe, adequate, and in compliance
with applicable state and local requirements.
(14)
Legal Compliance. The institution shall be maintained
and operated in compliance with all applicable rules and regulations of the
Coordinating Board, the Texas Workforce Commission, and other relevant agencies.
(15)
Library/Learning Resource Center. The institution shall
have a library or learning resource center available to all students. The
library facilities, equipment, and personnel shall meet the requirements and
qualifications outlined in the Guidelines for Instructional Programs in Workforce
Education.
§12.25.Application for a Certificate of Authority.
(a)
A career school or college must have approval from the
Coordinating Board in order to grant associate degrees or to enroll students
for courses that may be applicable toward an associate degree. A career school
or college that does not have approval to grant associate degrees must request
approval from the Board in conjunction with an application for a new degree
program as specified in § 12.41 of this title (relating to New Program
Application). If approved, the Board shall issue a Certificate of Authority.
(b)
A career school or college may submit an Application for
a Certificate of Authority to the Board if it:
(1)
has been legally operating, enrolling students, and conducting
classes in Texas and has complied with state law as a non degree-granting
institution for a minimum of two years;
(2)
has been legally operating, enrolling students, and conducting
classes in Texas and has complied with state law as a degree-granting institution
and wishes to open a new campus or branch; or
(3)
has been legally operating as a degree-granting institution
in another state for a minimum of four years and can verify compliance with
all applicable laws and rules in that state.
(c)
Application for a Certificate of Authority.
(1)
Letter of Intent. A career school or college seeking degree
granting authority shall submit a letter of intent for a new program application
as outlined in §12.41 of this title (relating to New Program Application).
(2)
Initial visit. A member of the Coordinating Board staff
shall visit the proposed school to verify compliance with Coordinating Board
standards and policies.
(3)
Submission of the Application for Approval of a Certificate
of Authority, which shall include the following documentation:
(A)
a description of the purpose of the institution;
(B)
names of sponsors or owners of the institution;
(C)
regulations, rules, constitutions, bylaws, or other regulations
established for the governance and operation of the institution;
(D)
the names and addresses of the chief administrative officer,
the principal administrators, and each member of the board of trustees or
other governing boards;
(E)
a full description of the admission requirements;
(F)
a description of the facilities, learning resources, and
equipment utilized by the institution;
(G)
evidence of approval from the Texas Workforce Commission.
The Board will not approve an application for a Certificate of Authority unless
the Texas Workforce Commission has approved the institution to offer a course
of instruction.
(H)
the Application for Approval of a New Workforce Program
(for Career Schools and Colleges), as specified in §12.41 of this chapter
(relating to New Program Application)
(4)
Follow-up visit. A member of the Coordinating Board staff
may make a follow-up visit to the proposed site for the applicant school prior
to implementation of the workforce education program(s).
(5)
Fee. The applicant school shall submit the fee for an Application
for Approval of a Certificate of Authority as outlined in the Guidelines for
Instructional Programs for Workforce Education.
(d)
If, in the process of obtaining approval from the Texas
Workforce Commission, the applicant school has provided the information required
in this section to the Texas Workforce Commission, evidence of approval from
the Texas Workforce Commission shall satisfy the requirement in subsection
(c) of this section.
§12.26.Commissioner Action on an Application for a Certificate of Authority.
(a)
The Commissioner or his/her designee shall approve or disapprove
the Application for a Certificate of Authority. Approval of the Application
grants the career school or college the authority to award associate’s
degrees or to enroll students for courses that may be applicable toward an
associate degree. Separate program approval shall be required for each associate
degree program in accordance with this chapter.
(b)
Approval for each specified associate’s degree program
listed on the List of Approved Programs continues in effect unless the Commissioner
withdraws or suspends the Certificate of Authority and/or approval for a specific
program because of the institution’s failure to comply with Board rules,
regulations, and/or policies or because the Texas Workforce Commission revokes
the institution’s approval to operate. The Certificate of Authority
remains the property of the Board; an institution shall return its Certificate
of Authority in the event the Commissioner withdraws the Certificate of Authority,
the institution voluntarily terminates all associate degree programs, or the
institution closes.
§12.27.Institutional Evaluation.
(a)
The institution shall establish adequate procedures for
planning and evaluation, define in measurable terms its expected educational
results, and describe how those results will be achieved.
(b)
The evaluation criteria shall include the following: mission,
labor market need, curriculum, enrollment, graduates, student placement, follow-up
results, ability to finance each program of study, facilities and equipment,
instructional practices, student services, public and private linkages, qualifications
of faculty and administrative personnel, success of its students, and the
effectiveness of its implementation of the Texas Success Initiative.
§12.28.Accreditation.
(a)
Career schools and colleges holding a Certificate of Authority
to grant an associate degree shall make available, upon request by the Board,
all accrediting agency reports and any findings and institutional responses
to such reports and findings.
(b)
If cited by an accreditor, a career school or college authorized
to grant the associate degree shall, within 30 days of receipt of the accrediting
agency’s final report, provide the Board with a copy of the citation,
the accreditor’s final report, and a complete report of all subsequent
actions by both the accreditor and the institution.
(c)
A career school or college shall operate all associate
degree programs in compliance with the standards of its institutional and/or
program-level accreditation or with membership in a trade or professional
association.
§12.29.Texas Success Initiative.
Each degree-granting career school or college authorized by the Board
to grant associate of applied science or associate of applied arts degrees
shall assess, by an instrument approved in §4.56 of this title (relating
to Assessment Instruments), the academic skills of each entering student and
otherwise comply with §§4.51 through 4.59 of this title (relating
to the Texas Success Initiative). Career schools and colleges authorized to
award an associate of occupational studies degree are exempt from this requirement.
§12.30.Concurrent Instruction.
(a)
Concurrent instruction of students enrolled in an associate
degree program or in any component of a degree program is prohibited.
(b)
The following activities do not constitute concurrent instruction:
(1)
voluntary participation in laboratory and/or skill-building
activities outside of required lecture and laboratory class sessions;
(2)
voluntary participation in study and/or review sessions
outside of required lecture and laboratory class sessions;
(3)
sitting for proctored examinations;
(4)
field trips; or
(5)
extracurricular activities.
§12.31.Credit for Prior Learning.
(a)
If a career school or college awards credit for prior learning
obtained outside a formal collegiate setting, the institution shall establish
and adhere to a systematic method for evaluating that prior learning, equating
it with course content appropriate to the institution’s authorized degree
program(s).
(b)
The method of evaluating prior learning shall be subject
to ongoing review and evaluation by the institution’s teaching faculty.
In no instance shall course credit be awarded solely on the basis of life
experience or years of service in a position or job. Recognized evaluative
examinations such as the advanced placement program or the college level examination
program may be used to evaluate prior learning.
§12.32.Transfer of Credit.
A career school or college holding a Certificate of Authority to grant
an associate’s degree shall publish, in a prominent place in the institution’s
catalog, complete and clearly stated information about the transferability
of credit to other postsecondary institutions including two-year and four-year
colleges and universities.
§12.33.Graduation and Job Placement Rates.
A career school or college authorized to grant the associate degree
shall provide to each prospective student, newly-enrolled student, and returning
student, complete, clearly presented information indicating the institution’s
current graduation rate by program and job placement rate by program.
§12.34.Change of Ownership or Control.
(a)
In the event of a change in ownership or control of a career
school or college, the Certificate of Authority is automatically withdrawn
unless the institution meets the requirements of this section.
(b)
The Commissioner may authorize the institution to retain
the Certificate of Authority during and after a change of ownership or control,
provided that the institution notifies Board staff of the impending transfer
in time for staff to receive, review, and approve the documents listed below
and provided that the following conditions are met:
(1)
The institution must submit acceptable evidence that the
new owner is complying with all Texas Workforce Commission requirements regarding
the purchase or transfer of ownership of a career school or college;
(2)
The institution must submit an acceptable written statement
of assurance that the new owner understands and undertakes to fully comply
with all applicable Board rules, regulations, and/or policies; and
(3)
The institution must submit satisfactory evidence of financial
ability to adequately support and conduct all approved programs. Documentation
shall include but may not be limited to independently audited financial statements
and auditor’s reports.
(c)
If the institution does not meet the conditions outlined
under this section prior to completion of transfer of ownership or control
and the institution loses its Certificate of Authority, the new owner(s) shall
submit a new Application for a Certificate of Authority as outlined under §12.25
of this title (relating to Application for a Certificate of Authority) and
a new Application for Approval of a New Workforce Program for Career Schools
and Colleges for each degree program it wishes to offer, as outlined under §12.41
of this title (relating to New Program Application).
(d)
Any modification of an approved associate degree program
that results from a change of ownership or control constitutes a program revision.
Requests for approval of program revisions shall conform to the procedures
and requirements contained in §12.43 of this title (relating to Program
Revision) and the Guidelines for Instructional Programs in Workforce Education.
(e)
If the ownership or control of a career school or college
is transferred within, among, or between different subsidiaries, branches,
divisions, or other components of a corporation and if said transfer in no
way diminishes the career school’s or college’s administrative
capability or educational program quality, the Commissioner may permit the
school to retain its Certificate of Authority during the transfer period.
In such cases, the career school or college shall fully comply with all provisions
outlined in this section.
§12.35.Complaints.
(a)
The Board may investigate a written complaint about a career
school or college.
(b)
Upon receipt of a written complaint, Board staff shall
determine whether the allegations in the complaint, if found to be true, would
constitute a violation of Board rules, standards, and/or guidelines.
(1)
If the allegations in the complaint do not appear to violate
Board rules, standards, and/or guidelines, Board staff shall, within 10 days
of receipt of the complaint:
(A)
notify the institution and the complainant in writing that
the Board received the complaint and that the allegations do not appear to
violate Board rules, standards, and/or guidelines and that the matter is concluded
with the Board; and
(B)
refer the complainant to any other appropriate agency or
organization that may assist in resolving the complaint. Board staff shall
provide to that agency or organization any relevant information in their possession
and notify the institution of the referral and that the matter is concluded
with the Board.
(2)
If the allegations in the complaint appear to constitute
a violation of Board rules, standards, and/or guidelines, Board staff shall,
within 10 days of receipt of the complaint:
(A)
notify the institution and the complainant in writing that
the Board received the complaint and that the allegations in the complaint
appear to constitute a violation of Board rules, standards, and/or guidelines
if found to be true;
(B)
advise the institution and the complainant of the particular
rules, standards, and/or guidelines that appear to have been violated;
(C)
provide the appropriate department at the Texas Workforce
Commission with a copy of the complaint and copies of all relevant correspondence;
(D)
initiate an investigation to determine whether the allegations
are true and, if true, whether the allegations constitute a violation of Board
rules, standards, and/or guidelines; and/or
(E)
refer the complainant to any other appropriate agency or
organization.
(c)
Upon receipt of written notification from Board staff of
possible violation under this section, a career school or college shall, within
15 days, provide the Board with a written response and any necessary supporting
documentation. The response shall bear the original signature of the institution's
chief executive officer or his/her designee.
(d)
Board staff shall examine and evaluate the response to
a notice under this section and determine whether further investigation is
warranted. If further investigation is warranted, Board staff may conduct
interviews of students, faculty, and/or any other persons who may possess
relevant information; examine institutional documents, files, and/or other
records; examine course materials; observe institutional activities; inspect
facilities; and/or review any other institutional activity that is relevant
to the allegations in the complaint.
(e)
If the allegations warrant more immediate action than is
described in subsections (b) and (c) of this section, Board staff may notify
a career school or college by telephone or electronic mail and proceed immediately
with an investigation as described in subsection (d) of this section.
(f)
If, at the conclusion of any investigation, Board staff
determines that Board rules, standards, and/or guidelines have been violated,
Board staff shall notify the complainant and the institution in writing of
the specific violations and any corrective action, if warranted, required
by the Assistant Commissioner for the Community and Technical Colleges Division.
(g)
If, at the conclusion of any investigation, the Board determines
that Board rules, standards, and/or guidelines have not been violated, Board
staff shall notify the institution and the complainant in writing of its findings
and that the matter is concluded with the Board.
§12.36.Legal Proceedings.
(a)
A career school or college with a Certificate of Authority
shall notify the Board if it becomes a defendant in any administrative, civil,
or criminal legal proceeding.
(b)
Notification shall be in writing and shall be delivered
to the Board not less than seven (7) days after an agent of the institution
is served with process.
(c)
The institution shall furnish the Board with copies of
the original petition and response as soon as they become available.
(d)
At the conclusion of proceedings, the institution shall,
within 60 days, report the outcome to the Board in writing. The institution
may be required to furnish copies of all pleadings in the case.
§12.37.Withdrawal or Suspension of a Certificate of Authority.
(a)
The Commissioner may withdraw or suspend a Certificate
of Authority if an agent of a career school or college with an approved associate
degree program:
(1)
knowingly violates one or more of the Board rules, regulations,
and/or policies, and fails to take satisfactory corrective action;
(2)
after being notified of the violation, knowingly violates
one or more of the Board rules, regulations, and/or policies, and fails to
take satisfactory corrective action;
(3)
fails to conduct all academic, technical, and administrative
matters pertaining to an approved associate degree program in a manner consistent
with Board rules, regulations, and/or policies;
(4)
is found to have engaged in any deceptive practice, misrepresentation
of fact, and/or fraud relating to the operation of the career school or college
or in dealing with students or the public;
(5)
is found to have engaged in any activity, conduct, and/or
behavior relating to the operation of the career school or college or in dealing
with students that is found by a court of law to be illegal and/or improper;
(6)
intentionally inhibits, obstructs, or interferes with,
either directly or indirectly, the official duties and/or activities of a
member of the Board staff and/or a person who has been appointed to represent
the Board for the purpose of conducting an on-site inspection of a career
school or college and/or inquiring into a complaint against that institution;
(7)
intentionally harasses, causes to be harassed, or permits
harassment of a member of the Board staff and/or a person who has been appointed
to represent the Board while such individual(s) is/are on any property under
the control of the career school or college and is/are engaged in official
duties; or
(8)
upon the conclusion of an on-site visit as described in §12.45
of this title (relating to Evaluation of Program Effectiveness) is determined
to have failed to implement and/or operate a degree program(s) according to
Board rules, regulations, and/or policies and the failure is of a magnitude
or degree that the deficiencies cannot reasonably be corrected.
(b)
Upon receipt of satisfactory evidence, the Commissioner
may withdraw or suspend a Certificate of Authority for a cause other than
those outlined under this section.
(c)
A Certificate of Authority is automatically withdrawn if,
after receiving 60 days advance notification of the annual fee amount and
the date upon which the fee is due, a career school or college fails to remit
the annual fee by the due date.
(d)
The Commissioner shall provide notice to the institution
of any adverse decision under this subchapter. The Commissioner’s decision
shall be final unless the affected institution requests reconsideration of
the decision within 45 days of receipt of notice from the Commissioner. The
decision of the Commissioner upon reconsideration shall be the final decision
of the Board.
(e)
An institution affected by any final decision under this
Subchapter may appeal that decision as provided in Chapter 1, Subchapter B
of this title (relating to Dispute Resolution).
(f)
If the Commissioner withdraws an institution’s Certificate
of Authority or an institution voluntarily returns its Certificate of Authority
as the result of adverse findings according to this section, the institution
may not reapply for a Certificate of Authority for a minimum of one year from
the date of closure or withdrawal.
(g)
If the Commissioner suspends an institution’s Certificate
of Authority or an institution voluntarily suspends its Certificate of Authority
as the result of adverse findings according to this section, the institution
may not apply for approval of new programs during the period of suspension.
§12.38.Closure of a Career School or College.
(a)
The governing board, owner, or chief executive officer
of a career school or college that plans to cease operation shall provide
the Board with written notification of intent to close at least 90 days prior
to the planned closing date.
(b)
If a career school or college closes unexpectedly, the
governing board, owner, or chief executive officer of the school shall provide
the Board with written notification immediately.
(c)
If a career school or college closes or intends to close
before all currently enrolled students have completed all requirements for
graduation, the institution shall assure the continuity of students’
education by entering into a teach-out agreement with another career school
or college authorized by the Board to hold a Certificate of Authority according
to §12.25 of this title (relating to Application for a Certificate of
Authority) or with a public two-year college. The agreement shall be in writing
and shall contain provisions for student transfer and specify the conditions
for completion of degree requirements at the teach-out institution. The agreement
shall also contain provisions for awarding degrees.
(d)
The Certificate of Authority for a career school or college
is automatically withdrawn when the institution closes. At his/her discretion,
the Commissioner may grant to a career school or college that has a Certificate
of Authority temporary approval to award a degree(s) in a program the institution
does not have approval for in order to facilitate a formal agreement as outlined
under this section.
(1)
The curriculum and delivery shall be appropriate to accommodate
the remaining students.
(2)
No new students shall be allowed to enter the transferred
degree program unless the new entity seeks and receives permanent approval
for the program(s) from the Coordinating Board.
§12.39.The Associate of Occupational Studies (AOS) Degree.
Granting of the AOS degree shall only occur according to the following
terms:
(1)
The policy regarding all AOS degrees as adopted by the
Board on April 29, 1993, and policies outlined under this section shall guide
all proceedings of the Board, staff, and affected institutions.
(2)
The State of Texas has four career schools or colleges
awarding the AOS degree: MTI College of Business and Technology (known as
Microcomputer Technology Institute when the policy was adopted), Universal
Technical Institute, Southwest Institute of Technology (known as Southwest
School of Electronics when the policy was adopted), and Western Technical
Institute. The AOS degree shall be awarded in only the following fields: automotive
mechanics, diesel mechanics, refrigeration, electronics, and business. Each
of the four Institutions may continue to award the AOS degree for those fields
listed above and shall be restricted to those fields.
(3)
The Board shall not consider new AOS degree programs in
other fields from these four career schools or colleges.
(4)
The Board shall not consider new AOS degree programs from
any other career schools or colleges.
(5)
A career school or college authorized to grant the AOS
degree shall not represent such degree by using the terms "associate" or "associate’s"
without including the words "occupational studies." An institution authorized
to grant the AOS degree shall not represent such degree as being the equivalent
of the AAS or AAA degrees.
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 9, 2004.
TRD-200400863
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§12.41 - 12.46
(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 §§12.41 - 12.46, concerning career schools and colleges.
These sections relate to associate degree programs. The repeal is necessary
because these sections are being replaced with new §§12.41 - 12.46
that is published contemporaneously in this issue of the
Texas Register
. Repealing the sections reorganize several sections
within the subchapter to be more coherent and corrects grammar and syntax;
update references to other Board rules in §12.45 and §12.46 as the
result of the repeal and adoption of Board rules in previous Board meetings;
and include a provision concerning deficiencies in institutional practices
or degree programs in §12.46.
Dr. Glenda O. Barron has determined that for each year of the first five
years this repeal is in effect, there will not be any fiscal implication to
state or local government as a result of enforcing or administering the rules.
Dr. Barron has also determined that for each year of the first five years
this repeal is in effect, the public benefit anticipated as a result of administering
the section will be to clarify and in some cases simplify Board rules concerning
career schools and colleges offering associate degree programs, as well as
correct grammar and syntax. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the repeal of the sections as proposed. There is no impact on local employment.
Comments on the proposed repeal may be submitted to Glenda O. Barron, Texas
Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas
78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the
Texas
Register
.
The repeal of the rules is proposed under Texas Education Code,
Chapter 132, §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 career
schools and colleges.
The repeal of the rules affects Texas Education Code Chapter 132, §132.063,
and Chapter 61, Subchapter G.
§12.41.New Program Application.
§12.42.New Program Approval.
§12.43.Program Revision and Closure.
§12.44.Contract Instruction.
§12.45.Evaluation of Program Effectiveness.
§12.46.Appeals Procedure.
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 9, 2004.
TRD-200400866
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§12.41 - 12.46
The Texas Higher Education Coordinating Board proposes new §§12.41
- 12.46, concerning career schools and colleges. Specifically, the proposed
new sections reorganize several sections within the subchapter to be more
coherent and corrects grammar and syntax; update references to other Board
rules in §12.45 and §12.46 as the result of the repeal and adoption
of Board rules in previous Board meetings; and include a provision concerning
deficiencies in institutional practices or degree programs in §12.46.
Dr. Glenda O. Barron has determined that for each year of the first five
years these sections are in effect, there will not be any fiscal implication
to state or local government as a result of enforcing or administering the
rules.
Dr. Barron has also determined that for each year of the first five years
these sections are in effect, the public benefit anticipated as a result of
administering the section will be to clarify and in some cases simplify Board
rules concerning career schools and colleges offering associate degree programs,
as well as correct grammar and syntax. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Glenda O. Barron,
Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin,
Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the Texas Register.
The new sections are proposed under Texas Education Code, Chapter
132, §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 career schools
and colleges.
The new sections affect Texas Education Code Chapter 132, §132.063,
and Chapter 61, Subchapter G.
§12.41.New Program Application.
In accordance with the Guidelines for Instructional Programs in Workforce
Education, each career school or college wishing to offer a new associate
degree program shall complete the following items and submit them to the Board's
Community and Technical Colleges Division:
(1)
Letter of Intent. The applicant school shall submit a letter
of intent no less than 30 and not more than 180 days prior to the submission
of the Application for Approval of a New Workforce Program.
(2)
Application for Approval of a New Workforce Program (for
Career Schools and Colleges). The chief executive officer and, if applicable,
the governing board of the career school or college shall approve the Application
for Approval of a New Workforce Program. The applicant school shall ensure
that Board staff receive the Application for Approval of a New Workforce Program
no less than three (3) calendar months prior to the intended implementation
date or approval deadline for external accreditation, whichever occurs first.
(3)
Statement of Assurances (for Career Schools and Colleges).
The chief executive officer and, if applicable, the governing board of the
career school or college shall approve the Statement of Assurances. The applicant
school shall submit the Statement of Assurances with the Application for Approval
of a New Workforce Program. The following criteria are included in the Statement
of Assurances:
(A)
The institution has documented need for the proposed program
based on national, regional, and/or local economic forecasts applicable to
its target market area.
(B)
The institution has identified sufficient employment opportunities
within its target market area for the projected number of graduates, taking
into consideration the numbers of graduates of similar programs within its
target market area.
(C)
Instruction in basic workforce skills has been integrated
into the curriculum for the proposed program.
(D)
Each program award offers at least one of the following:
a capstone, an external learning experience, or eligibility to sit for a certification
or licensure examination.
(E)
All course and program prerequisites are identified on
the proposed curriculum outline and included in the credit/contact hour totals
for the program.
(F)
An enrollment management plan for the program is in place.
(G)
The program is consistent with all requirements from other
registering, certifying, licensing, and/or accrediting authorities.
(H)
An advisory committee composed of representatives from
business and industry has been directly involved in the creation of the proposed
program.
(I)
Adequate funding is available to cover all program costs
for the first three years.
(J)
The institution is in good standing with its accreditor
and the Texas Workforce Commission.
(K)
The institution is not currently a defendant in a legal
proceeding or has notified the Board according to provisions in this chapter.
(L)
Written notice that the proposed program has been sent
to the appropriate Higher Education Regional Council(s).
(4)
Fee. The applicant school shall submit the fee for an Application
for Approval of a New Workforce Education Program as outlined in the Guidelines
for Instructional Programs for Workforce Education simultaneously with the
Application for Approval of a New Workforce Education Program.
§12.42.New Program Approval.
(a)
The Board staff shall review the Application and accompanying
documentation for satisfactory fulfillment of the new program requirements
and procedures for a new Certificate of Authority and/or new workforce education
program as outlined in the Guidelines for Instructional Programs in Workforce
Education. The staff shall confer with the career school or college when additional
information or clarification is needed.
(b)
The Assistant Commissioner for the Community and Technical
Colleges Division shall recommend schools and/or associate degree programs
to the Commissioner for approval or disapproval or referral to the Board.
(c)
The Board delegates to the Commissioner final approval
authority for all schools and/or associate degree programs that meet Board
policies for approval as outlined in the Guidelines for Instructional Programs
in Workforce Education.
(d)
The Commissioner shall forward a school and/or program
application to the Board for consideration at an appropriate quarterly meeting
if:
(1)
the proposed program is the subject of an unresolved grievance
or dispute between the institution and other colleges or universities; and/or
(2)
the Commissioner has disapproved the proposed school and/or
program and the institution has requested a Board review at the next quarterly
Board meeting.
(e)
A career school or college offering an associate degree
program at multiple sites shall seek separate approval of each program of
study for each site.
(f)
The Commissioner shall automatically withdraw approval
for any associate degree program not implemented in accordance with Board
rules, regulations, and/or policies, and/or not implemented within 18 months
of the date of approval.
§12.43.Program Revision.
(a)
Each career school or college requesting a program revision
shall submit a completed Application for Program Revision and comply with
the Guidelines for Instructional Programs in Workforce Education.
(b)
A career school or college may close a program voluntarily
in accordance with evaluation procedures provided in the Guidelines for Instructional
Programs in Workforce Education.
§12.44.Contract Instruction.
Career schools and colleges may contract for specific instruction.
All contract instruction shall have education as its primary purpose. In addition,
(1)
courses offered under contractual agreements shall be consistent
with the educational purpose, mission, and goals of the program and institution;
and
(2)
courses offered under a contractual agreement shall remain
the responsibility of the contracting career school or college and shall be
of the same quality as other approved courses.
§12.45.Evaluation of Program Effectiveness.
(a)
Every program in which an associate degree is offered shall
be evaluated periodically according to procedures the Board has established.
(b)
The following evaluation elements shall be assessed in
terms of both quantitative and qualitative factors: mission, labor market
need, curriculum, enrollment, graduates, student placement, follow-up results,
facilities and equipment, instructional practices, student services, public
and private linkages, and qualifications of faculty and administrative personnel.
(c)
Board staff shall use the results of the program evaluation
to identify associate degree programs to be continued or recommended for closure.
(1)
If a degree program(s) and/or institutional practice(s)
demonstrates deficiencies that can be corrected, institutional agents shall
develop a plan to correct the deficiencies identified in the on-site review
team report.
(A)
The Assistant Commissioner for the Community and Technical
Colleges Division shall determine time limits for correcting deficiencies.
(B)
Board staff shall reevaluate the program at the end of
the established time period. If Board staff determine that the institution
has not adequately and/or appropriately corrected the identified deficiencies,
the Commissioner may take action to withdraw or suspend the institution's
Certificate of Authority as outlined under § 12.37 of this title (relating
to Withdrawal or Suspension of a Certificate of Authority).
(2)
If a degree program(s) and/or institutional practice(s)
demonstrate deficiencies of a nature or magnitude that indicate that the degree
program(s) should be closed immediately, the Commissioner shall notify the
institution according to the procedures in §12.37 of this title (relating
to Withdrawal or Suspension of a Certificate of Authority).
§12.46.Appeals Procedure.
(a)
Board staff shall review contested decisions regarding
program approval or revision.
(b)
In instances where agreement is not achieved, the institution
may request a review by the Assistant Commissioner of the Community and Technical
Colleges Division. The Assistant Commissioner shall notify the institution
of his or her decision within 30 working days of receipt of the request for
the review.
(c)
Within 30 days of receipt of the Assistant Commissioner's
decision, the institution may appeal that decision to the Commissioner. The
Commissioner’s decision shall be the final decision of the Board.
(d)
An institution affected by any final decision under this
subchapter may appeal that decision as provided in Chapter 1, Subchapter B,
of this title (relating to Dispute Resolution).
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 9, 2004.
TRD-200400865
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. DEFINITIONS
19 TAC §13.1
The Texas Higher Education Coordinating Board proposes amendments
to §13.1 of Board rules, concerning Financial Planning. Specifically, §13.1
is amended to add new definitions for clarity.
Dr. Deborah 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. There
is no estimated cost to state.
Dr. Greene has also determined that for each year of the first five years
that §13.1 is in effect, the public benefit anticipated as a result of
administering the section will be to provide clarity to the rules regarding
Financial Planning. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Deborah Greene, Assistant
Commissioner for Finance, Campus Planning, and Research, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, TX, 78711; deborah.greene@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.059,
51.307, 51.3062, and 61.027 which provides the Coordinating Board with the
authority to adopt policies, enact regulations, and establish rules concerning
Financial Planning.
The amendments affect Texas Education Code, §§61.059, 51.307,
and 51.3062.
§13.1.Definitions.
The following words and terms, when used in this
chapter
[
(1)
(No change.)
(2)
Available University Fund (AUF)--A fund established in
Article 7
, §18,
of the
Texas
Constitution to receive
all interest and earnings of the Permanent University Fund and used to pay
the debt service on PUF-backed bonds.
(3)
Base Year--the semesters comprising
the year of contact hours used for applying the formula funding distribution
to the colleges and universities (usually the summer and fall of even years
and the spring of odd years).
(4)
[
(5)
Contact Hour--A time unit of
instruction used by community, technical, and state colleges consisting of
60 minutes, of which 50 minutes must be direct instruction.
(6)
[
(7)
Developmental Coursework--Non-degree-credit
courses designed to address a student’s deficiencies.
(8)
Formula Funding--The method
used to allocate appropriated sources of funds among institutions of higher
education.
(9)
[
(10)
General Academic Teaching
Institution--Any college, university, or institution so classified in Chapter
61, Texas Education Code, or created and so classified by law.
(11)
[
(12)
[
(13)
[
(14)
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 this section.
(15)
Institutional Expenditures--All
costs of activities separately organized and operated in connection with instructional
departments primarily for the purpose of giving professional training to students
as a necessary part of the educational work of the related departments.
(16)
[
(17)
[
(18)
[
(19)
Non-Degree-Credit Developmental
Courses--Courses intended for remedial or compensatory education that bear
only institutional credit and are not counted toward the total for a degree
or certificate program.
(20)
[
(21)
Public Junior College, Public
Technical Institute, or Public State College--Any college or institute so
classified in the Texas Education Code, §61.003, or created and so classified
by law.
(22)
Semester Credit Hour--A unit
of measure of instruction consisting of 60 minutes, of which 50 minutes must
be direct instruction, over a 15-week period in a semester system or a 10-week
period in a quarter system.
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 4, 2004.
TRD-200400713
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§13.20 - 13.24
The Texas Higher Education Coordinating Board proposes amendments
to §§13.20 - 13.24, concerning Financial Planning. Specifically, §13.20
is amended to include a reference to a proposed new exception to formula funding.
Section 13.21 is amended to provide authority for implementation of the Texas
Success Initiative. Sections 13.22, 13.23 and 13.24 are amended to add the
Legislature to the recipient list for the formula recommendations, to change
the due date to June 1 of each even-numbered year, and to require the formula
advisory committees to identify funding incentives that would encourage implementation
of the state’s five-year master plan by institutions of higher education.
Dr. Deborah Greene, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules. There
is no estimated cost to state.
Dr. Greene has also determined that for each year of the first five years
that these sections are in effect, the public benefit anticipated as a result
of administering these sections will be improved implementation of the state’s
plan for higher education. There is no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Deborah Greene, Assistant
Commissioner for Finance, Campus Planning, and Research, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, TX, 78711; deborah.greene@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.059,
51.307, 51.3062, and 61.027 which provides the Coordinating Board with the
authority to adopt policies, enact regulations, and establish rules concerning
Financial Planning.
The amendments affect Texas Education Code, §§61.059, 51.307,
and 51.3062.
§13.20.Purpose.
The purpose of this subchapter is to establish procedures for making
formula funding recommendations to the Governor and the Legislature and to
except from such funding certain semester credit hours or contact hours
[
§13.21.Authority.
Texas Education Code, §61.059 [
§13.22.Community and Technical College Formulas.
(a)
Formula Advisory Committee.
(1) - (4)
(No change.)
(5)
The committee shall identify
funding incentives that would encourage implementation by community and technical
colleges of the state’s plan for higher education as specified in the
Texas Education Code, §61.051 (a-3).
(6)
[
(7)
[
(b)
(No change.)
(c)
Community and Technical College Formula Recommendation.
(1) - (3)
(No change.)
(4)
After adoption, the Commissioner shall transmit the Board’s
recommendations to the Governor
, the Legislature,
and the Legislative
Budget Board no later than
June 1
[
§13.23.General Academic Institution Formulas.
(a)
Formula Advisory Committee.
(1) - (4)
(No change.)
(5)
The committee shall identify
funding incentives that would encourage implementation by general academic
institutions of the state’s plan for higher education as specified in
the Texas Education Code, §61.051 (a-3).
(6)
[
(7)
[
(8)
[
(9)
[
(b)
General Academic Institution Formula Recommendation.
(1) - (3)
(No change.)
(4)
After adoption, the Commissioner shall transmit the Board’s
recommendations to the Governor
, the Legislature,
and the Legislative
Budget Board no later than
June 1
[
§13.24.Health-Related Institution Formulas.
(a)
Formula Advisory Committee.
(1) - (4)
(No change.)
(5)
The committee shall identify
funding incentives that would encourage implementation by health-related institutions
of the state’s plan for higher education as specified in the Texas Education
Code, §61.051 (a-3).
(6)
[
(7)
[
(8)
[
(9)
[
(b)
Health-Related Institution Formula Recommendation.
(1) - (3)
(No change.)
(4)
After adoption, the Commissioner shall transmit the Board’s
recommendations to the Governor
, the Legislature
, and the Legislative
Budget Board no later than
June 1
[
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 4, 2004.
TRD-200400714
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §13.25
The Texas Higher Education Coordinating Board proposes new §13.25,
concerning Financial Planning. Specifically, new §13.25 is proposed,
concerning prohibiting public institutions of higher education from submitting
for formula funding either semester credit hours or contact hours attempted
by students who have enrolled in courses containing the same content for a
third or more times at their institutions since Fall 2002.
Dr. Deborah Greene, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules. There
is no estimated cost to state.
Dr. Greene has also determined that for each year of the first five years
that §13.25 is in effect, the public benefit anticipated as a result
of administering the section will be a reduction in general revenue required
to support higher education formula funding. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Deborah Greene, Assistant
Commissioner for Finance, Campus Planning, and Research, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, TX, 78711; deborah.greene@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new section is proposed under Texas Education Code, §§61.059,
51.307, 51.3062, and 61.027 which provides the Coordinating Board with the
authority to adopt policies, enact regulations, and establish rules for Financial
Planning.
The new section affects Texas Education Code, §§61.059, 51.307,
and 51.3062.
§13.25.Formula Funding Exceptions.
(a)
During each base year and non-base year, an institution
shall not submit for formula funding any semester credit hours or contact
hours attempted by a student who has enrolled in any course, other than a
non-degree-credit developmental course, containing the same content for a
third or more times at their institutions since Fall Semester 2002. This provision
is effective for the Spring 2004 semester for credit students and for Third
Quarter 2004 for continuing education students.
(b)
During each base year and non-base year, an institution
shall not submit for formula funding any semester credit hours attempted by
a student who has enrolled in development coursework, if the semester credit
hours for that student in development coursework exceeds 18 semester credit
hours, for a general academic teaching institution, or 27 semester credit
hours for a public junior college, public technical institute, or public state
college.
(c)
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 a test required by
the Texas Success Initiative. However, when used for such purposes, ESL hours
shall be counted toward the 18/27 hour cap.
(d)
Semester credit hours or contact hours attempted by students
for the following types of coursework are exempt from the provisions of this
section:
(1)
thesis and dissertation courses.
(2)
courses that may be repeated for credit because they involve
different or more advanced content each time they are taken, including but
not limited to, individual music lessons, Workforce Education Course Manual
Special Topics courses (when the topic changes), theater practicum, music
performance, ensembles, certain physical education and kinesiology courses,
and studio art.
(3)
independent study courses, except when the independent
study course has the same content as a course the student has already taken
two or more times.
(4)
special topics courses that may be repeated for credit
with different content, except when a special topics course has the same content
as a course the student has already taken two or more times.
(5)
Continuing education courses that must be repeated to retain
professional certification.
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 4, 2004.
TRD-200400715
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§13.43, 13.45 - 13.47
The Texas Higher Education Coordinating Board proposes amendments
to §§13.43, 13.45, 13.46, and 13.47, concerning Financial Planning.
Specifically, §13.43 is amended to clarify the distribution list of the
annual budgets and to change the due date to December 1 of each fiscal year.
Section 13.45 is amended, to add the requirement that budgets be prepared
within the limits of revenue available and §13.46 and §13.47 are
amended, to provide more easily understood titles for the sections.
Dr. Deborah Greene, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules. There
is no estimated cost to state.
Dr. Greene has also determined that for each year of the first five years
that these sections are in effect, the public benefit anticipated as a result
of administering these sections will be increased efficiency and effectiveness
of data collection. There is no effect on small businesses There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Deborah Greene, Assistant
Commissioner for Finance, Campus Planning, and Research, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, TX, 78711; deborah.greene@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendments are proposed under Texas Education Code, §§61.059,
51.307, 51.3062, and 61.027 which provides the Coordinating Board with the
authority to adopt policies, enact regulations, and establish rules concerning
Financial Planning.
The amendments affect Texas Education Code, §§61.059, 51.307,
and 51.3062.
§13.43.Distribution of Budgets.
Copies of the current operating funds, PUF/AUF, and HEAF budget shall
be furnished to the Board
(two copies),
[
§13.45.Format of Current Operating Funds Budgets.
The operating budgets shall:
(1) - (3)
(No change.)
(4)
include a summary of the instructional budget by college
or school for the current and preceding year; [
(5)
include a summary by amount and method of finance for each
listed informational item in the general appropriation act
, and
[
(6)
be prepared within the limits
of revenue available.
§13.46.Format for Permanent University Fund/Available University Fund (PUF/AUF) [
The PUF/AUF budget shall:
(1) - (2)
(No change.)
§13.47.Format for Higher Education Assistance Fund (HEAF) [
The HEAF budget shall:
(1) - (3)
(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 4, 2004.
TRD-200400716
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §13.63, §13.64
The Texas Higher Education Coordinating Board proposes new §13.63
and §13.64 of Board rules, concerning Financial Planning. Specifically,
new §13.63 is proposed, concerning additional financial information reporting,
and new §13.64 is proposed, concerning Available University Fund Reporting.
Dr. Deborah Greene, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules. There
is no estimated cost to state.
Dr. Greene has also determined that for each year of the first five years
that §13.63 and §13.64 are in effect, the public benefit anticipated
as a result of administering these sections will be increased efficiency and
effectiveness of data collection. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Deborah Greene, Assistant
Commissioner for Finance, Campus Planning, and Research, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, Texas, 78711; deborah.greene@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §§61.059,
51.307, 51.3062, and 61.027 which provides the Coordinating Board with the
authority to adopt policies, enact regulations, and establish rules for Financial
Planning.
The new sections affect Texas Education Code, §§61.059, 51.307,
and 51.3062.
§13.63.Additional Financial Information Reporting.
(a)
Each university system, general academic institution, community,
technical or state college, and health-related institution shall continue
to provide to the Board financial data related to the operation of each system
office and institution as it was reported in the 2001 annual financial report.
(b)
Each system office and institution of higher education
shall provide the report no later than January 1 of each year using the specific
content and format prescribed by the Board.
§13.64.Available University Fund (AUF) Reporting.
(a)
The University of Texas System Board of Regents and the
Texas A&M University System Board of Regents shall report the uses of
the Available University Fund (AUF) for each system component and for system
office operations for the two previous years, the current year, and two future
years (projected), including:
(1)
Debt service allocations, by component,
(2)
Bond proceeds allocations, by component,
(3)
Excellence allocations, or system office, and their purposes,
(4)
Available University Fund income, interest, beginning-
and end-of-year balances; and
(5)
The rationale used by the respective boards to distribute
AUF funds.
(b)
In addition, by December 1 of each year, authorized managers
of permanent funds and endowments whose earnings are appropriated in the General
Appropriation Act shall submit an annual financial report that shall include,
at a minimum, an income statement and balance sheet and a summary of the investment
return of the fund during the preceding fiscal year. The annual financial
report shall also contain:
(1)
A summary of all gains, losses, and income from investments
and an itemized list of all securities held for the fund on August 31;
(2)
Any other information necessary to indicate clearly the
nature and extent of investments made of the fund and all income realized
from the components of the fund.
(c)
The annual financial report shall be distributed to the
Governor, the Legislature, the Legislative Budget Board, and the Board by
December 1 of each year.
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 4, 2004.
TRD-200400717
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 5, 2004
For further information, please call: (512) 427-6114
19 TAC §§13.190, 13.193 - 13.195
The Texas Higher Education Coordinating Board proposes amendments
to §§13.190, 13.193, 13.194, and 13.195, concerning the Technology
Workforce Development Grant Program. Specifically, §13.190 is amended
to correct statutory citation. Sections 13.193 and 13.194 are amended to allow
for the establishment and dissemination of project funding recommendations
prior to review panel meetings and §13.195 is amended to allow longer
term grants.
Dr. Deborah Greene, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules. There
is no estimated cost to state.
Dr. Greene has also determined that for each year of the first five years
that these sections are in effect, the public benefit anticipated as a result
of administering the section will be the increased efficiency in the administration
of this grant program. There is no effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the sections
as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Deborah Greene, Assistant
Commissioner for Finance, Campus Planning, and Research, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, TX, 78711; deborah.greene@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register.
The amendments are proposed under Texas Education Code, §§51.851
- 51.860.
The amendments affect Texas Education Code, §§51.851 - 51.860.
§13.190.Authority, Scope, and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter V, Technology Workforce Development.
These rules establish rules for administering the grant program as prescribed
in the Texas Education Code, §§
51.851
[
(b)
Scope. Unless otherwise noted, this subchapter applies
to [
(c)
(No change.)
§13.193.Proposal Solicitation.
(a) - (b)
(No change.)
(c)
The request for proposals shall contain all information
necessary to prepare a grant proposal for the program including the financial
and other resources available for distribution
,
[
(d) - (e)
(No change.)
§13.194.Proposal Evaluation and Project Selection .
(a)
The Commissioner shall organize a competitive, peer-review
system for evaluating proposals.
(b)
Prior to the review panel meetings, the
advisory committee shall establish the criteria for allocating available funds
to projects ranked by peer review. The criteria shall be published on the
Coordinating Board's web site.
(c)
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
§13.195.Grants.
(a)
(No change.)
(b)
Grants shall be for a period of no longer than
five
[
(c) - (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 4, 2004.
TRD-200400718
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Subchapter A. OPTIONAL RETIREMENT PROGRAM
19 TAC §§25.1 - 25.3
(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 §§25.1 - 25.3, concerning Optional Retirement Program,
in its entirety. Specifically, this repeal will delete the current Subchapter
A and all sections within it regarding Optional Retirement Program. The repeal
is the result of the Texas Higher Education Coordinating Board's review of
Chapter 25, which was posted in the
Texas Register
on September 19, 2003. New sections are being proposed to Chapter
25 concerning ORP eligibility, uniformity policies, recent legislative changes,
and improvement of clarity and consistency. These new sections will require
the addition of several sections and a re-organization of the existing rules.
For that reason, the Board proposes the repeal of Chapter 25, in its entirety,
and separately posts proposed new chapters and sections.
Toni Alexander, ORP Coordinator for the Texas Higher Education Coordinating
Board, has determined that there will not be any fiscal implications to state
or local government as a result of the rules repeal.
Ms. Alexander has also determined that for each year of the first five
years that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposed repeal may be submitted to Toni Alexander, ORP
Coordinator, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin,
Texas 78711; toni.alexander@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the
Texas Register
.
The repeal is proposed under Texas Government Code, §§830.001
- 830.205 which provides the Coordinating Board with the authority to adopt
policies, enact regulations, and establish rules for the Optional Retirement
Program.
The repeal affects Texas Government Code, §§830.001 - 830.205.
§25.1.Purpose.
§25.2.ORP Eligibility Standards.
§25.3.ORP Standards.
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 5, 2004.
TRD-200400737
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
19 TAC §§25.1 - 25.6
The Texas Higher Education Coordinating Board proposes new §§25.1
- 25.6 of Board rules, concerning the Optional Retirement Program (ORP). The
proposed new sections re-organize existing Subchapter A, concerning the Optional
Retirement Program. In conducting the review of Chapter 25 in light of bills
passed by the 78th Legislature, advice from the Board's General Counsel, and
recent ORP policy interpretations by Board staff, it was determined that amendments
to Chapter 25 were needed regarding ORP eligibility, uniformity policies,
recent legislative changes, and improvement of clarity and consistency. These
new sections will require the addition of several sections and a re-organization
of the existing rules. For that reason, the Board has posted separately the
repeal of Chapter 25, in its entirety, and herein proposes a new Subchapter
A and sections. Proposed new §25.3 is a new definitions section. Proposed
new §25.4 is a re-organization of the existing §25.2 on ORP eligibility
standards to: (1) incorporate the 90-day waiting period for active membership
in the Teacher Retirement System (TRS) which will delay an ORP-eligible employee's
opportunity to elect ORP in lieu of TRS; (2) update the existing ORP eligibility
rules for improved clarity and consistency; and (3) incorporate ORP interpretations
provided by Board staff regarding dual employment in positions at different
institutions, eligibility for counselors, institutional reviews of ORP-eligible
positions, and procedures for handling administrative errors involving eligibility
determination. Proposed new §25.5 is a re-organization of the existing §25.3
on ORP vesting and participation standards for improved clarity and consistency
and to incorporate ORP vesting and participation provisions regarding employment
in a non-benefits-eligible position and dual employment in positions at different
institutions. Proposed new §25.6 is a new section on uniformity of institutional
administration of ORP. This section addresses: (1) distribution restrictions,
including a prohibition on loans and procedures that an institution may use
if a company provides an unauthorized distribution; (2) a requirement that
contributions shall be made on a tax-deferred basis; (3) a requirement that
ORP contracts shall include a provision that the ORP company is responsible
for qualifying domestic relations orders and paying benefits in accordance
with Texas Government Code, Chapter 804; (4) procedures for reimbursing to
the originating fund any employer contributions that an ORP participant forfeited
by terminating prior to vesting; (5) a minimum number of ORP companies that
institutions shall authorize; (6) a minimum number of opportunities that institutions
shall provide for participants to change ORP companies; (7) a requirement
that all institutions shall establish certain policies regarding solicitation
of ORP-eligible employees by representatives of authorized ORP companies;
(8) a requirement that companies shall provide certain information to ORP
participants concerning their account balances and transactions on at least
an annual basis; (9) a requirement that companies shall submit confirmation
of receipt of funds directly to each participant on at least a quarterly basis;
(10) a requirement that companies shall submit confirmation of transfers directly
to the participant immediately upon execution; (11) a requirement that institutions
shall send all ORP contributions to the companies by electronic funds transfer
and within three days of legal availability; (12) a requirement that institutions
shall submit annual reports to the Board regarding ORP participation and any
other information required by the Board to fulfill its duties under the ORP
statute; (13) a requirement that institutions shall provide newly ORP-eligible
employees with basic information on TRS and ORP (provided by the Board) on
or before their first eligibility date; and (14) a requirement that institutions
shall provide written notification to all newly ORP-eligible employees of
a participant's ORP responsibilities and that the institution has no fiduciary
responsibility for the market value of a participant's investments or for
the financial stability of the vendors chosen by a participant. Proposed new §25.6
incorporates: (1) procedures for handling IRS limits on contributions; (2)
a prohibition on co-mingling of ORP funds with any other funds except for
TRS employee contributions that were withdrawn in conjunction with a participant's
ORP election; (3) a prohibition on contributions to two retirement programs
within the same calendar month; (4) the definition of eligible compensation;
(5) procedures for providing supplemental ORP employer contributions authorized
by Texas Government Code, Chapter 830, §830.2015; (6) a requirement that
ORP employer contributions shall be funded proportionately to salary source;
(7) a requirement that an institution's list of authorized ORP companies and
products shall provide a reasonable variety of choices among types of accounts
and funds, including at least one company that offers 403(b)(1) annuity accounts
and at least one company that offers 403(b)(7) custodial accounts; (8) a requirement
that an institution shall not authorize a company to receive contributions
from unvested participants unless the company has certified that the entire
amount of actual unvested employer contributions will be returned to the institution
if the participant terminates prior to vesting; (9) a requirement that institutions
shall start sending a participant's contributions to the participant's newly
selected company no later than 35 days after the date the participant signs
and submits the appropriate forms to the institution; (10) a provision that
all of an active participant's ORP contributions, even those sent to previously
selected companies and those made during prior periods of employment are covered
by the distribution restrictions; (11) a provision that institutions may allow
participants to continue contributing to a company even after it is no longer
on the institution's authorized list ("grandfathered" company) and may allow
participants who directly transfer from another institution to continue contributing
to the same company that they were contributing to at the other institution,
provided the institution verifies that the contract includes the distribution
restrictions; (12) provisions regarding authorization of company representatives;
(13) provisions regarding investment advisory fees; (14) a notification requirement
for institutions to inform terminating participants of the institution's procedures
for handling certification of a participant's eligibility for retiree group
health insurance; and (15) a requirement that institutions shall establish
procedures that will document when participants have received the notices
required by this section.
Toni Alexander, ORP Coordinator for the Texas Higher Education Coordinating
Board, has determined that for each year of the first five years the sections
are in effect, there will not be any fiscal implications to state or local
government as a result of enforcing or administering the rules.
Ms. Alexander has also determined that for each year of the first five
years the sections are in effect, there is no public benefit because the rules
affect a retirement program for higher education employees. There is no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the new sections as proposed. There is no impact
on local employment.
Comments on the proposed new sections may be submitted to Toni Alexander,
ORP Coordinator, Texas Higher Education Coordinating Board, P.O. Box 12788,
Austin, Texas 78711; toni.alexander@thecb.state.tx.us. Comments will be accepted
for 30 days following publication of the proposal in the
Texas Register
.
The new sections are proposed under Texas Government Code, §§830.001
- 830.205 which provides the Coordinating Board with the authority to adopt
policies, enact regulations, and establish rules for the Optional Retirement
Program.
The new sections affect Texas Government Code, §§830.001 - 830.205.
§25.1.Purpose.
The purpose of these rules is to administer the Optional Retirement
Program, to establish eligibility for the Optional Retirement Program and
to provide for greater uniformity of procedures for administration of the
Optional Retirement Program by Texas public institutions of higher education.
§25.2.Authority.
The authority for these provisions is provided by Texas Government
Code, Chapter 830.
§25.3.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Active Participation--Period of employment during which
an ORP participant makes regular ORP contributions through payroll deduction
based on the statutory percentage of the employee's salary earned during that
period, which along with the matching employer contributions, are sent by
the ORP employer to an authorized ORP company. A faculty member who is not
employed by a Texas public institution of higher education during the three
summer months but who was participating in ORP at the end of the spring semester
immediately preceding the summer and who resumes ORP participation with the
same or another Texas public institution of higher education in the fall semester
immediately following that summer shall be considered an active participant
during the three summer months.
(2)
Applicable Retirement System--The Teacher Retirement System
of Texas for employees of Texas public institutions of higher education and
the Employees Retirement System of Texas for employees of the Board.
(3)
Board--The Texas Higher Education Coordinating Board.
(4)
Break in Service--A period following a participant's termination
of all employment with all Texas public institutions of higher education or
the Board that is at least one full calendar month in which no ORP contribution
is made, excluding the three summer months for faculty members who were participating
in ORP at the end of the spring semester immediately preceding the summer
and who resume ORP participation with the same or another Texas public institution
of higher education in the fall semester immediately following that summer,
and excluding periods of leave-without-pay. A transfer between Texas public
institutions of higher education with less than a full calendar month in which
no ORP contribution is made shall not be considered a break in service.
(5)
ERS--The Employees Retirement System of Texas.
(6)
Full-time--For purposes of determining initial ORP eligibility,
the term "full-time" shall mean employment for the standard full-time workload
established by the institution ("100 percent effort") at a rate comparable
to the rate of compensation for other persons in similar positions for a definite
period of four and one-half months or a full semester of more than four calendar
months.
(7)
Initial ORP Eligibility Date--The first day of an ORP-eligible
employee's 90-day ORP election period. An employee's initial ORP eligibility
date shall be determined as follows:
(A)
Non-Members. For a new employee of a Texas public institution
of higher education who has never been a member of TRS (or a new employee
of the Board who has never been a member of ERS), or who is a former member
of the applicable retirement system who canceled membership by withdrawing
employee contributions from the retirement system after termination from a
prior period of employment, the initial ORP eligibility date shall be the
91st calendar day of employment in a TRS-eligible position (or, for employees
of the Board, an ERS-eligible position) that is also an ORP-eligible position.
(B)
Current Members. For an employee who is a current member
of TRS (or, for employees of the Board, a current member of ERS) at the time
that he or she becomes employed in an ORP-eligible position, the initial ORP
eligibility date shall be the first day of employment in an ORP-eligible position.
(8)
Initial ORP Eligibility Period--The period of time beginning
with the first date of employment in an ORP-eligible position, without regard
to a person's 90-day waiting period for membership in TRS or ERS, if applicable,
that is expected to be 100 percent effort for a period of at least one full
semester or four and one-half months.
(9)
Major Department Requirement--One of the factors used to
determine whether a position is ORP-eligible in the "Other Key Administrator"
category as defined in §25.4(k) of this title (relating to Eligible Positions).
A department or budget entity at a public institution of higher education
shall meet this requirement if:
(A)
the department or budget entity is considered a "major"
department by the institution based on the specific organizational size and
structure of that institution; and
(B)
the department or budget entity has its own budget, policies
and programs.
(10)
ORP--The Optional Retirement Program.
(11)
ORP Election Period--The period of time during which ORP-eligible
employees have a once-per-lifetime opportunity to elect to participate in
ORP in lieu of the applicable retirement system. The ORP election period shall
begin on an employee's initial ORP eligibility date, as defined in paragraph
(3) of this section, and shall end on the earlier of:
(A)
the date the employee makes an ORP election by signing
and submitting the appropriate forms to the ORP employer; or
(B)
the 90th calendar day after the employee's initial ORP
eligibility date, not including the initial ORP eligibility date and including
the 90th calendar day. If the 90th calendar day after the initial ORP eligibility
date falls on a weekend or holiday, the deadline shall be extended until the
first working day after the 90th calendar day.
(12)
ORP Employer--All public institutions of higher education
in Texas and the Board.
(13)
ORP Retiree--An individual who participated in ORP while
employed with a Texas public institution of higher education or the Board
and who established retiree status by meeting the applicable requirements
and enrolling in retiree group insurance provided by ERS, The University of
Texas System, or The Texas A&M University System, regardless of whether
currently enrolled.
(14)
Principal Activity Requirement--One of the factors used
to determine whether a position is ORP-eligible based on the percent of effort
required by the position to be devoted to ORP-eligible duties. The principal
activity requirement shall be met if at least 51 percent of the position's
duties are devoted to ORP-eligible duties in one of the ORP-eligible categories
defined in §25.4(k) of this title, with two exceptions:
(A)
During Initial ORP Eligibility Period. During an employee's
initial ORP eligibility period (when the position is required to be 100 percent
effort to qualify as ORP-eligible), if the ORP-eligible duties associated
with an ORP-eligible category are less than 51 percent of the activities for
a particular position, the position shall be considered to meet the principal
activity requirement if all of the position's other duties are ORP-eligible
duties under one of the other ORP-eligible categories defined in §25.4(k)
of this title, for a total of 100 percent effort devoted to ORP-eligible duties,
as would be the case, for example, for a position with required duties that
are 50 percent instruction and/or research (faculty position) and 50 percent
department chair (faculty administrator position).
(B)
After Initial ORP Eligibility Period. For a participant
who has completed the initial ORP eligibility period but who has not vested
in ORP and who fills a position that is less than 100 percent effort but at
least 50 percent effort, then the principal activity requirement shall be
considered met if at least 50 percent effort is devoted to applicable ORP-eligible
duties in one of the ORP-eligible categories defined in §25.4(k) of this
title.
(15)
TRS--The Teacher Retirement System of Texas.
(16)
TRS/ERS Waiting Period--A period of 90 calendar days beginning
with the first day of employment in a position that is otherwise eligible
for membership in TRS or ERS. In accordance with state law, active membership
in the applicable retirement system does not become effective until the 91st
calendar day.
(A)
The TRS/ERS waiting period does not apply to:
(i)
new employees who are already members of the applicable
retirement system based on contributions made during prior employment that
have not been withdrawn; or
(ii)
new employees who elected ORP in lieu of the applicable
retirement system in a prior period of employment and who are eligible to
resume ORP participation.
(B)
As provided in §25.4(h) of this title (relating to
Active Membership in Retirement System Requirement), a new employee who becomes
employed in an ORP-eligible position and who is subject to the TRS/ERS waiting
period is not permitted to elect ORP in lieu of the applicable retirement
system until satisfying the TRS/ERS waiting period because the election of
ORP is in lieu of active membership in the applicable retirement system.
(17)
Vesting Requirement--The minimum amount of ORP participation
required to attain vested status. An ORP participant shall be considered vested
on the first day of the second year of active participation in lieu of the
applicable retirement system, as provided in §25.5(a) of this title (relating
to Vesting Requirement). A vested participant shall have ownership rights
to the employer contributions in his or her ORP accounts, meaning that, upon
termination of employment with all ORP employers or reaching age 70-1/2, he
or she may access both the employee and employer contributions (and any net
earnings) in his or her accounts. A vested participant shall remain in ORP
even if subsequently employed in a position that is not ORP-eligible, as provided
in §25.5(f) of this title (relating to Employment in a non-ORP-Eligible
Position).
§25.4.Eligibility to Elect ORP.
(a)
Eligibility Criteria. An employee shall be eligible to
make a once-per-lifetime irrevocable election of ORP in lieu of the applicable
retirement system if all of the following criteria are met:
(1)
ORP-eligible Position: Employment in an ORP-eligible position
as defined in subsection (k) of this section;
(2)
100 Percent Effort: Employment in an ORP-eligible position
on a full-time basis (i.e., 100 percent effort) for a period of at least one
full semester or four and one-half months, including the 90-day waiting period
for active membership in the applicable retirement system, if applicable.
(A)
Initial Eligibility Period. This eligibility requirement
is an employee's initial ORP eligibility period, as defined in §25.3
of this title (relating to Definitions).
(B)
Combining of Percent Effort at Different Institutions Not
Permitted. The 100 percent effort requirement shall be satisfied by employment
with only one institution, unless an individual is simultaneously employed
in ORP-eligible positions with more than one component institution under the
same governing board that operates its ORP either as a single plan for all
components or includes the applicable components in the same plan, in which
case, the employee's percent effort at each component may be combined to meet
the minimum 100 percent effort requirement;
(3)
First Election Opportunity: No previous opportunity to
elect ORP in lieu of the applicable retirement system during the current or
a prior period of employment at the same or another Texas public institution
of higher education or the Board; and
(4)
Active Membership in Retirement System: Current membership
or eligibility for active membership in the applicable retirement system as
provided in subsection (h) of this section.
(b)
ORP Participation after Election. Once an employee makes
an election of ORP, the employee's eligibility to continue participating in
ORP shall be determined in accordance with §25.5 of this title (relating
to ORP Vesting and Participation).
(c)
Non-Texas ORP Plans. Prior enrollment, participation or
vested status in any plan other than the ORP plan authorized under Texas Government
Code, Chapter 830, shall have no bearing on an employee's eligibility to elect
ORP, except that the employee must be eligible for active membership in the
applicable retirement system as provided in subsection (h) of this section.
(d)
Separate Elections. An election of ORP in lieu of TRS at
a Texas public institution of higher education shall be considered separate
and distinct from an election of ORP in lieu of ERS at the Board.
(1)
An employee's prior election of ORP in lieu of ERS at the
Board on or after September 1, 1994, shall have no bearing on that person's
eligibility to elect ORP in lieu of TRS at a Texas public institution of higher
education.
(2)
An election of ORP by a Board employee prior to September
1, 1994, was made in lieu of TRS; therefore, an institution shall treat an
employee's election of ORP in lieu of TRS at the Board prior to September
1, 1994, in the same manner as if the election had been made at an institution.
(3)
An employee's prior election of ORP in lieu of TRS at an
institution, or an employee's election of ORP in lieu of TRS at the Board
prior to September 1, 1994, shall have no bearing on that person's eligibility
to elect ORP in lieu of ERS at the Board.
(e)
Opportunity to Elect. The governing board of each Texas
public institution of higher education shall provide an opportunity to all
eligible employees in the component institutions governed by the board to
elect ORP in lieu of TRS in accordance with these rules. The Board shall provide
an opportunity to all eligible employees to elect ORP in lieu of ERS in accordance
with these rules.
(f)
90-Day ORP Election Period. An employee who meets the eligibility
criteria in subsection (a) of this section shall be provided an ORP election
period, as defined in §25.3 of this title, during which an election to
participate in ORP may be made by signing and submitting the appropriate forms
to the ORP employer.
(1)
After 90-Day TRS/ERS Waiting Period. The 90-day ORP election
period shall follow the 90-day TRS/ERS membership waiting period for new employees,
if applicable.
(2)
Beginning and Ending Dates. The 90-day ORP election period
shall begin on the employee's initial ORP eligibility date, as defined in §25.3
of this title, and shall end on the earlier of:
(A)
the date the employee makes an ORP election by signing
and submitting the appropriate forms to the ORP employer; or
(B)
the 90th calendar day after the employee's initial ORP
eligibility date, not including the initial ORP eligibility date and including
the 90th calendar day. If the 90th calendar day after the initial ORP eligibility
date falls on a weekend or holiday, the deadline shall be extended until the
first working day after the 90th calendar day.
(3)
Once-per-Lifetime Irrevocable Election. An employee who
is eligible to elect ORP shall have only one opportunity during his or her
lifetime, including any future periods of employment in Texas public higher
education, to elect ORP in lieu of the applicable retirement system, and the
election may never be revoked.
(A)
Default Election. Failure to elect ORP during the 90-day
ORP election period shall be a default election to continue membership in
the applicable retirement system.
(i)
ORP in Lieu of TRS. An employee of a Texas public institution
of higher education who does not elect ORP in lieu of TRS during the 90-day
ORP election period shall never again be eligible to elect ORP in lieu of
TRS, even if subsequently employed in an ORP-eligible position at the same
or another Texas public institution of higher education.
(ii)
ORP in Lieu of ERS. An employee of the Board who does
not elect ORP in lieu of ERS during the 90-day ORP election period shall never
again be eligible to elect ORP in lieu of ERS, even if subsequently employed
in an ORP-eligible position at the Board.
(B)
Irrevocable. An election of ORP shall be irrevocable. An
employee who elects ORP shall remain in ORP, except as provided by subsections
(f) and (g) of §25.5 of this title. A default election of the applicable
retirement system, as described in subparagraph (A) of this paragraph shall
be irrevocable. An employee who fails to elect ORP during the ORP election
period shall remain in the applicable retirement system in accordance with
the laws and rules governing eligibility for the retirement system.
(C)
Separate Elections. As provided in subsection (d) of this
section, an election of ORP in lieu of TRS at a Texas public institution of
higher education shall be considered separate and distinct from an election
of ORP in lieu of ERS at the Board; therefore, an election of ORP in lieu
of one retirement system shall not preclude an eligible employee's election
of ORP in lieu of the other retirement system if subsequently employed in
a position that is eligible to elect ORP in lieu of the other retirement system.
(4)
Company Selection Required at Election. An employee who
elects to participate in ORP shall select an ORP company from the ORP employer's
list of authorized companies in conjunction with the election of ORP. An ORP
employer shall establish a policy that failure to select an authorized company
may result in disciplinary action up to and including termination of employment
because retirement contributions are required by law as a condition of employment.
(5)
Waiver of Retirement System Benefits. An election of ORP
shall be a waiver of the employee's rights to any benefits that may have accrued
from prior membership in the applicable retirement system, other than benefits
resulting from transfers of service credit between the applicable retirement
systems and reinstatement of withdrawn service credit under the ERS/TRS service
transfer law, even if the participant has met the applicable system's vesting
requirement. Except as provided by subsections (f) and (g) of §25.5 of
this title and the ERS/TRS service transfer law, an ORP participant shall
not be eligible to become an active member of the applicable retirement system
or receive any benefits from the system other than a return of employee contributions
that may have been deposited with the system (and accrued interest, if any).
(g)
Participation Start Date. The first day that ORP contributions
are made shall be determined as follows.
(1)
Election on Initial ORP Eligibility Date. The participation
start date for ORP-eligible employees who elect ORP on their initial ORP eligibility
date, as defined in §25.3 of this title, by signing and submitting the
appropriate forms on or before their initial ORP eligibility date shall be
based on whether they were subject to the 90-day TRS/ERS waiting period.
(A)
If 90-Day TRS/ERS Waiting Period is not Applicable.
(i)
New Employees. For new employees who are not subject to
the 90-Day TRS/ERS waiting period because they are already members of the
applicable retirement system, and who sign and submit the appropriate ORP
election forms on or before their initial ORP eligibility date, the participation
start date shall be the initial ORP eligibility date (i.e., first day of ORP-eligible
employment).
(ii)
Transfers within Same ORP Employer. For employees who
are not subject to the 90-day TRS/ERS waiting period because they are already
members of the applicable retirement system, who transfer to an ORP-eligible
position within the same ORP employer, and who sign and submit the appropriate
ORP election forms on or before their initial ORP eligibility date, the participation
start date shall be the initial ORP eligibility date (i.e., first day of ORP-eligible
employment), unless the initial ORP eligibility date is not the first day
of the month, in which case, to avoid dual contributions to both the applicable
retirement system and ORP during the same month, as provided in §25.6(a)(4)
of this title (relating to No Dual Contributions), the participation start
date shall be the first day of the month following the month in which the
initial ORP eligibility date falls, or the first day of the applicable payroll
period, if payroll is not processed on a monthly basis.
(B)
After 90-Day TRS/ERS Waiting Period. To avoid partial month
contributions for employees who are subject to the 90-day TRS/ERS waiting
period, the amount of the ORP contribution for the month in which their initial
ORP eligibility date falls shall be based on salary earned during that entire
month, so the participation start date shall be the first day of the month
in which the initial ORP eligibility date falls, or the first day of the applicable
payroll period, if payroll is not processed on a monthly basis.
(2)
Election After Initial ORP Eligibility Date. The participation
start date for ORP-eligible employees who sign and submit the appropriate
ORP election forms after their initial ORP eligibility date, shall be the
first day of the month following the date that the forms are signed and submitted,
with the following exceptions.
(A)
During Month of Initial ORP Eligibility Date. ORP employers
may establish a policy that employees who elect ORP by signing and submitting
the appropriate forms after their initial ORP eligibility date but before
the payroll has been processed for the month in which the initial ORP eligibility
date falls may be treated in the same manner as the employees described in
paragraph (1) of this subsection.
(B)
After Month of Initial ORP Eligibility Date: ORP employers
may establish a policy that employees who elect ORP by signing and submitting
the appropriate forms after the month in which their initial ORP eligibility
date falls, but before the payroll has been processed for the month in which
the forms are signed and submitted, may start participating in the month in
which the forms are signed and submitted rather than the first of the following
month. To avoid partial month payments, contributions for these participants
shall be based on salary earned during the entire month in which the forms
are signed and submitted, or during the entire pay period in which the forms
are signed and submitted, if payroll is not processed on a monthly basis.
(3)
Retirement System Membership Before Election. As provided
in subsection (i) of this section, ORP-eligible employees who elect ORP after
their initial ORP eligibility date, except as provided in paragraph (2)(A)
of this subsection, shall be reported as members of the applicable retirement
system for any months prior to their election of ORP. As provided in §25.6(b)
of this title (relating to Withdrawal of Retirement System Funds), employee
contributions made to the applicable retirement system prior to an election
of ORP may be withdrawn from the retirement system after an election of ORP
is made, and may be rolled over to the participant's ORP account.
(h)
Active Membership in Retirement System Requirement. Participation
in ORP shall be an alternative to active membership in the applicable retirement
system; therefore, a person who becomes employed in an ORP-eligible position
shall not be eligible to elect ORP unless he or she is either a current member
of the applicable retirement system (i.e., has employee contributions on account
with the applicable retirement system) or has satisfied the 90-day waiting
period for active membership in the applicable retirement system.
(1)
90-Day TRS/ERS Waiting Period. Employees who are not current
members of TRS when they become employed in an ORP-eligible position at a
Texas public institution of higher education shall not be eligible to elect
ORP in lieu of TRS until the 90-day TRS waiting period has been satisfied.
Employees who are not current members of ERS when they become employed in
an ORP-eligible position at the Board shall not be eligible to elect ORP in
lieu of ERS until the 90-day ERS waiting period has been satisfied.
(2)
Retirees Not Eligible. Employees who have retired from
TRS or ERS are no longer active members of the applicable retirement system;
therefore, a TRS retiree shall not be eligible to elect ORP in lieu of TRS
at a Texas public institution of higher education and an ERS retiree shall
not be eligible to elect ORP in lieu of ERS at the Board.
(i)
Automatic Retirement System Enrollment. A new employee
at a Texas public institution of higher education who is eligible to elect
ORP in lieu of TRS shall be automatically enrolled in TRS, following the 90-day
TRS waiting period, if applicable, until an election to participate in ORP
is made by signing and submitting the appropriate forms to the institution
as provided in subsection (g) of this section. A new Board employee who is
eligible to elect ORP in lieu of ERS shall be automatically enrolled in ERS,
following the 90-day ERS waiting period, if applicable, until an election
to participate in ORP is made by signing and submitting the appropriate forms
to the Board as provided in subsection (g) of this section.
(j)
Dual Employment in TRS/ORP Positions at Different Employers.
(1)
Simultaneous Retirement Plan Membership Not Permitted.
(A)
Dual Employment with ORP Employer and non-ORP Employer.
A member of TRS who is employed in the Texas public school system (including
all Texas Independent School Districts and regional educational service centers)
or with any other Texas public educational institution or state agency that
is covered by TRS but does not offer ORP in lieu of TRS, and who concurrently
becomes employed in an ORP-eligible position with a Texas public institution
of higher education and elects to participate in ORP, may not remain an active
member of TRS as an employee of the non-ORP employer once ORP participation
has started. TRS contributions may not be made for the participant's employment
with the non-ORP employer while he or she is actively participating in ORP.
(B)
Dual Employment with Different ORP Employers. A member
of TRS who is employed with a Texas public institution of higher education
in a position that is eligible for TRS but is not ORP-eligible and who becomes
concurrently employed with another Texas public institution of higher education
in a position that is ORP-eligible and who elects to participate in ORP, may
not remain an active member of TRS once ORP participation has started. TRS
contributions may not be made for the participant's employment in the TRS-only
position at the other Texas public institution of higher education while he
or she is actively participating in ORP. Once the participant vests in ORP,
ORP contributions shall be made based on the concurrent employment in the
TRS-only position.
(2)
Returning to TRS.
(A)
If the individual described in paragraph (1)(A) of this
subsection terminates ORP participation while concurrently employed in a TRS-eligible
position with a non-ORP employer, then he or she shall return to active TRS
membership with the non-ORP employer and shall be ineligible for any future
ORP participation in lieu of TRS.
(B)
If the individual described in paragraph (1)(B) of this
subsection terminates ORP participation prior to vesting in ORP while concurrently
employed in a TRS-eligible position with another Texas public institution
of higher education, then he or she shall return to active TRS membership
and shall be ineligible for any future ORP participation in lieu of TRS.
(C)
If the individual described in paragraph (1)(B) of this
subsection terminates ORP participation after satisfying the ORP vesting requirement,
but while concurrently employed in a TRS-eligible position with another Texas
public institution of higher education, then he or she shall not return to
TRS membership and shall continue to make ORP contributions based on the employment
in the TRS-only position.
(k)
Eligible Positions. The following positions shall be considered
ORP-eligible. Only those employees who fill ORP-eligible positions and who
meet the eligibility requirements established in this chapter shall be eligible
to elect ORP or to continue participating in ORP prior to vesting.
(1)
Faculty Member--A member of the faculty whose duties include
teaching and/or research as a principal activity, as defined in §25.3
of this title, and who holds the title of professor, associate professor,
assistant professor, instructor, lecturer, or equivalent faculty title, including
"visiting professor" if the position is at least one full semester in duration.
(2)
Faculty Administrator--An administrator responsible for
teaching and research faculty whose principal activity, as defined in §25.3
of this title, is planning, organizing, and directing the activities of faculty
and who holds the title of dean, associate dean, assistant dean, director,
department chair, or head of academic department.
(3)
Executive Administrator--An administrator who holds the
title of chancellor, deputy chancellor, vice chancellor, associate vice chancellor,
assistant vice chancellor, or the equivalent, and an administrator who holds
the title of president, executive vice president, provost, vice president,
associate vice president, assistant vice president, or the equivalent.
(4)
Other Key Administrator--An administrator other than a
faculty administrator or an executive administrator whose position is considered
a key administrative position within the institution's organizational structure
and that meets the requirements of this paragraph. The most common position
titles in this category are director or associate director, but included titles
may vary by institution based on differences in organizational structure,
size, mission, etc. All positions in this category, including positions with
the title of director or associate director, shall meet the following criteria:
(A)
serves as director or other administrative head of a major
department or budget entity, as defined in §25.3 of this title, excluding
the title of assistant director unless the assistant director position has
responsibility for what is considered a major department or budget entity
that is within a larger department or budget entity, as may be the case at
large institutions;
(B)
is responsible for the preparation and administration of
the budget, policies, and programs of the major department or budget entity;
(C)
usually reports to the office of a chancellor, president,
vice chancellor, vice president, dean, or equivalent; and
(D)
is generally and customarily recruited from the same pool
of candidates that other colleges and universities across the nation are recruiting
from for this type of position by, for example, advertising in national publications
such as the Chronicle of Higher Education or in newsletters or websites of
national professional associations or at meetings of such associations.
(E)
A position shall not be considered ORP-eligible under this
category unless it can be reasonably demonstrated that all of the applicable
criteria have been met. If there is significant ambiguity concerning whether
a position meets the criteria for this category, the default finding shall
be that the position is not ORP-eligible.
(5)
Librarian--A professional librarian who holds, at a minimum,
a master's degree in library science or information science, and whose principal
activity, as defined in §25.3 of this title, is library services.
(6)
Athletic Coach--An athletic coach, associate athletic coach,
or assistant athletic coach whose principal activity, as defined in §25.3
of this title, is coaching, excluding an athletic trainer, and excluding an
athletic director or assistant athletic director unless the principal activity
is coaching rather than administrative.
(A)
Athletic trainers may be included in the "professional"
category if the position requires the trainer to be a physician.
(B)
Athletic directors whose principal activity is not coaching
normally shall be included in one of the administrator categories.
(7)
Professional--An employee whose principal activity, as
defined in §25.3 of this title, is performing the duties of a professional
career position, including, but not necessarily limited to, physician, attorney,
engineer, and architect, that meets the following criteria:
(A)
requires a terminal professional degree in a recognized
professional career field that requires occupation-specific knowledge and
appropriate professional licensure;
(B)
is a non-classified position; and
(C)
is generally and customarily recruited from the same pool
of candidates that other colleges and universities across the nation are recruiting
from for this type of position by, for example, advertising in national publications
such as the Chronicle of Higher Education or in newsletters of national professional
associations or at meetings of such associations.
(D)
A position shall not be considered ORP-eligible under this
category unless it can be reasonably demonstrated that all of the applicable
criteria have been met. If there is significant ambiguity concerning whether
a position meets the criteria for this category, the default finding shall
be that the position is not ORP-eligible.
(8)
Board Administrative Staff--A member of the executive or
professional staff of the Board, as determined by the Commissioner of Higher
Education, who fills a position with the following requirements:
(A)
college graduation and prior experience in higher education
or experience of such kind and amounts to provide a comparable background;
and
(B)
national mobility requirements similar to those of faculty.
(l)
Position-Required Qualifications. An employee who meets
the qualifications of a "professional" or a "librarian" as defined in subsection
(k) of this section shall not be considered eligible to elect ORP as a professional
or librarian unless the position requires the professional or librarian qualifications,
respectively, as a principal activity. For example, an attorney who fills
a position that does not require that the position be filled by an attorney
shall not be considered ORP-eligible based solely on the fact that the person
is an attorney.
(m)
Counselors. The eligibility of counselors shall be determined
as follows.
(1)
Faculty. If the institution has established policies that
consider and treat counselors in the same manner as faculty in such areas
as, for example, employment contracts, oversight, and work schedules, then
ORP eligibility for a counselor position shall be determined under the same
requirements as a faculty position, except that the principal activity shall
be counseling rather than teaching and/or research, and the title shall be
counselor rather than the faculty titles listed in that category.
(2)
Staff. If the institution has established policies that
consider and treat counselors in the same manner as staff rather than faculty,
in such areas as, for example, employment contracts, oversight, and work schedules,
then ORP eligibility for a counselor position shall not be determined under
the faculty category. Depending on the duties and required qualifications,
a counselor who is considered staff rather than faculty may meet the criteria
for one of the non-faculty ORP-eligible positions.
(n)
Review of Positions for ORP Eligibility.
(1)
Comprehensive Review. ORP employers shall periodically
conduct a comprehensive review of all non-classified positions to ensure that
ORP eligibility requirements are being applied fairly and consistently across
all departments and divisions.
(2)
New Position. ORP employers shall analyze newly created
non-classified positions for ORP eligibility determination and shall maintain
proper documentation of the analysis and determination for future reference.
(3)
Re-classified Position. ORP employers shall re-classify
a position as ORP-eligible if changes in the position's responsibilities or
the employer's organizational structure result in a position that meets the
ORP-eligibility requirements.
(A)
Option to Elect ORP. ORP employers shall provide the incumbent
in a position that is re-classified as ORP-eligible an opportunity to elect
ORP as if newly hired into the position.
(B)
Initial ORP Eligibility Date. The incumbent's initial ORP
eligibility date, as defined by §25.3 of this title, shall be the date
that the re-classification is effective, unless the re-classification is retro-active
to a prior month, in which case, the initial ORP eligibility date shall be
the date that the employee is notified of the re-classification.
(o)
Administrative Errors.
(1)
Orientation Procedures. Each ORP employer shall develop
and implement effective orientation and enrollment procedures to ensure appropriate
and timely processing of newly eligible employees' retirement plan choices.
(2)
Rectification. In the event an administrative error occurs
which prevents the normal processing of an ORP-eligible employee's election,
the ORP employer shall rectify the error as soon as practicable and in a manner
that results in a situation that is as close to the originally expected outcome
as possible, within applicable federal and state laws and rules.
(3)
Documentation and Prevention. When an administrative error
occurs, the ORP employer shall:
(A)
maintain documentation of the error and the actions taken
by the ORP employer to address the problem, with a copy placed in the employee's
file; and
(B)
immediately develop and implement appropriate administrative
procedures to avoid such errors in the future.
(4)
Failure to Notify Error. If an ORP employer fails to notify
an ORP-eligible employee of his or her eligible status on or before the employee's
initial ORP eligibility date, the ORP employer shall notify the eligible employee
as soon as the oversight is discovered. The 90-day ORP election period for
the eligible employee shall begin on the date that the employee is notified,
and the participation start date shall be determined in accordance with subsection
(g) of this section.
(p)
Texas Commissioner of Education.
(1)
ORP Eligibility. Notwithstanding other provisions in this
chapter, the Texas Commissioner of Education shall be eligible to elect ORP
in lieu of ERS.
(2)
Employment in Higher Education. Notwithstanding other provisions
in this chapter, a Texas public institution of higher education shall, for
the purpose of determining ORP eligibility for a former Texas Commissioner
of Education who is subsequently employed by the institution, treat an election
of ORP in lieu of ERS made by the Texas Commissioner of Education at the Texas
Education Agency in the same manner as if the election of ORP had been made
in lieu of TRS at another Texas public institution of higher education.
§25.5.ORP Vesting and Participation.
(a)
Vesting Requirement. An ORP participant at a Texas public
institution of higher education shall be considered vested in ORP on the first
day of the second year of active participation, as defined in §25.3 of
this title (relating to Definitions), in ORP in lieu of TRS at one or more
Texas public institutions of higher education. An ORP participant at the Board
shall be considered vested in ORP on the first day of the second year of active
participation, as defined in §25.3 of this title, in ORP in lieu of ERS
at the Board.
(1)
Year Defined. For purposes of this subsection, a year shall
mean twelve cumulative, but not necessarily consecutive, months of ORP participation.
(2)
Leave-without-Pay. A full calendar month of leave without
pay shall not be included in the calculation of a year for vesting purposes.
(3)
Summer Credit. Because a year for academic faculty members
does not normally include the three summer months, an academic faculty member
shall be credited the three summer months toward vesting in ORP provided the
faculty member is participating in ORP at the end of the spring semester immediately
preceding the summer and resumes participation in an ORP-eligible position
at the same or another Texas public institution of higher education at the
beginning of the fall semester immediately following the same summer.
(4)
More than One Period of Employment. As provided in subsection
(c) of this section, partial vesting credit shall be retained when there is
a break in participation prior to satisfying the vesting requirement. Therefore,
the vesting requirement may be satisfied during more than one period of participation.
For example, a new faculty member who terminated employment after six months
of active participation, and subsequently returns to ORP-eligible employment
at the same or another public Texas institution of higher education, with
no intervening active service as a TRS member, shall only have to participate
for an additional six months to meet the definition of "year" for vesting
purposes.
(5)
Non-Texas ORP Plan. The vesting requirement may not be
satisfied by prior enrollment, participation or vested status in any plan
other than the ORP plan authorized under Texas Government Code, Chapter 830.
(6)
Separate Vesting. Because the election of ORP in lieu of
TRS at a Texas public institution of higher education and the election of
ORP in lieu of ERS at the Board shall be considered separate and distinct
elections, the vesting requirement for ORP in lieu of TRS may not be satisfied
by previous participation or vested status in ORP in lieu of ERS at the Board.
The vesting requirement for ORP in lieu of ERS at the Board may not be satisfied
by previous participation or vested status in ORP in lieu of TRS at a Texas
public institution of higher education.
(b)
Once Vested, Always Vested.
(1)
Only One Vesting Period. An ORP participant who satisfies
the vesting requirement for ORP in lieu of TRS shall not be required to satisfy
the vesting requirement again by any Texas public institution of higher education.
An ORP participant who satisfies the vesting requirement for ORP in lieu of
ERS shall not be required to satisfy the vesting requirement again by the
Board.
(2)
Withdrawal of ORP Funds has No Effect. A reemployed ORP
participant's vested status shall not be affected by any partial or total
withdrawals of ORP funds made after termination from a prior period of employment.
(c)
Partial Vesting Credit Retained. Unvested ORP participants
shall retain partial vesting credit in the following circumstances.
(1)
Termination of Employment. An ORP participant who terminates
employment in all Texas public institutions of higher education prior to satisfying
the vesting requirement shall, upon returning to ORP-eligible employment with
the same or a different Texas public institution of higher education, retain
credit for previous ORP participation in lieu of TRS. An ORP participant who
terminates employment with the Board prior to satisfying the vesting requirement
shall, upon returning to ORP-eligible employment with the Board, retain credit
for previous ORP participation in lieu of ERS.
(2)
Leave-Without-Pay. An ORP participant who goes on leave
without pay for a full calendar month or more prior to satisfying the vesting
requirement shall, upon resuming active ORP participation with the same or
a different Texas public institution of higher education, retain credit for
previous ORP participation in lieu of TRS. An ORP participant at the Board
who goes on leave without pay for a full calendar month or more prior to satisfying
the vesting requirement shall, upon resuming active ORP participation with
the Board, retain credit for previous ORP participation in lieu of ERS.
(3)
Direct Transfers. An ORP participant who, prior to satisfying
the vesting requirement, directly transfers from one ORP-eligible position
to another at the same or a different Texas public institution of higher education,
shall retain credit for previous ORP participation in lieu of TRS. An ORP
participant who, prior to satisfying the vesting requirement, directly transfers
from one ORP-eligible position to another at the Board, shall retain credit
for previous ORP participation in lieu of ERS.
(4)
An ORP participant's partial vesting credit shall not be
affected by any partial or total withdrawals of ORP employee contributions
made after termination of employment.
(d)
Benefits of Vested Status.
(1)
A vested ORP participant shall have ownership rights to
the employer contributions in his or her ORP accounts, meaning that, upon
termination of employment with all ORP employers or reaching age 70-1/2, he
or she may access both the employee and employer contributions (and any net
earnings) in his or her ORP accounts.
(2)
A vested ORP participant shall remain in ORP even if subsequently
employed in a position that is not ORP-eligible, as provided in subsection
(f) of this section.
(e)
Unvested ORP Employer Contributions Forfeited. An ORP participant
who terminates employment prior to meeting the vesting requirement shall forfeit
all ORP employer contributions made during that period of employment in accordance
with §25.6(a)(11) of this title (relating to Forfeited ORP Employer Contributions).
Except as provided in §25.6(a)(11)(F) of this title (relating to Resumption
of Participation within 93 Days), forfeited funds shall not be recoverable,
even if the participant later satisfies the vesting requirement in a subsequent
period of ORP-eligible employment. Such a participant shall be considered
vested only in ORP employer contributions made during the subsequent and any
future employment periods.
(f)
Employment in a non-ORP-Eligible Position. An ORP participant
who becomes employed in a position that is not eligible for ORP, but is eligible
for the applicable retirement system, shall remain in ORP or become a member
of the applicable retirement system in accordance with the following provisions.
(1)
Not Vested in ORP. An ORP participant who has not satisfied
the ORP vesting requirement and who becomes employed in a position that is
not eligible for ORP, but is eligible for the applicable retirement system,
shall become a member of the applicable retirement system, and shall thereafter
be ineligible to participate in ORP in lieu of the applicable retirement system,
even if subsequently employed in an ORP-eligible position and/or if membership
in the applicable retirement system is canceled through a withdrawal of employee
contributions.
(A)
ORP in Lieu of TRS. An ORP participant who elected ORP
in lieu of TRS at a Texas public institution of higher education, who has
not satisfied the ORP vesting requirement, and who becomes employed with the
same or another Texas public institution of higher education in a position
that is not eligible for ORP, but is eligible for TRS, shall become a member
of TRS for the remainder of his or her employment with any Texas public institution
of higher education. This individual shall never be eligible to participate
in ORP in lieu of TRS again, even if subsequently employed in an ORP-eligible
position at the same or another Texas public institution of higher education
and/or if the individual cancels his or her TRS membership by withdrawal of
employee contributions.
(B)
ORP in Lieu of ERS. An ORP participant who elected ORP
in lieu of ERS at the Board, who has not satisfied the ORP vesting requirement,
and who becomes employed with the Board in a position that is not eligible
for ORP, but is eligible for ERS, shall become a member of ERS for the remainder
of his or her employment with the Board. This individual shall never be eligible
to participate in ORP in lieu of ERS again, even if subsequently employed
in an ORP-eligible position at the Board and/or if the individual cancels
his or her ERS membership by withdrawal of employee contributions.
(2)
Vested in ORP. An ORP participant who has satisfied the
ORP vesting requirement and who becomes employed in a position that is not
eligible for ORP, shall remain in ORP unless he or she became an active member
of the applicable retirement system during a break in service prior to employment
in the non-ORP-eligible position, in which case, he or she shall never be
eligible for ORP in lieu of the applicable retirement system again, even if
subsequently employed in an ORP-eligible position and/or if membership in
the applicable retirement system was canceled through a withdrawal of employee
contributions.
(A)
ORP in Lieu of TRS. An ORP participant who has vested in
ORP in lieu of TRS and subsequently becomes employed with any Texas public
institution of higher education in a position that is not ORP-eligible, but
is TRS-eligible, shall continue to participate in ORP and shall not be eligible
for TRS membership, unless he or she terminates employment with all Texas
public institutions of higher education and becomes employed in a TRS-eligible
position with the Texas public school system (e.g., Independent School Districts,
regional educational service centers) or any other Texas public educational
institution or agency that is covered by TRS but does not offer ORP in lieu
of TRS, which will require the participant to become a member of TRS. Such
an individual, upon becoming subsequently reemployed with any Texas public
institution of higher education:
(i)
shall not resume participation in ORP; and
(ii)
shall not thereafter be eligible to participate in ORP
in lieu of TRS ever again, regardless of the individual's previous ORP vested
status, employment in an ORP-eligible position, or if the individual's TRS
membership was canceled by withdrawal of employee contributions following
termination of employment from the TRS-covered position.
(B)
ORP in Lieu of ERS. An ORP participant who has vested in
ORP in lieu of ERS at the Board and subsequently becomes employed with the
Board in a position that is not ORP-eligible, but is ERS-eligible, shall,
nevertheless, continue to participate in ORP and shall not be eligible for
ERS membership, unless he or she terminates employment with the Board and
becomes employed in an ERS-eligible position with a Texas state agency that
does not offer ORP in lieu of ERS, which will require the participant to become
a member of ERS. Such an individual, upon becoming subsequently reemployed
with the Board:
(i)
shall not resume participation in ORP; and
(ii)
shall not be eligible to participate in ORP in lieu of
ERS ever again, regardless of the individual's previous ORP vested status,
employment in an ORP-eligible position, or if the individual's ERS membership
was canceled by withdrawal of employee contributions following termination
of employment from the ERS-covered position.
(g)
Employment in a Non-Benefits-Eligible Position. An employee
who elected ORP in lieu of TRS and who terminates employment in the ORP-eligible
position and becomes employed with the same or another Texas public institution
of higher education in a non-benefits-eligible position shall not be eligible
to participate in ORP (i.e., have contributions sent to the ORP company) for
the period of time while employed in the non-benefits-eligible position.
(1)
Definition. For purposes of this subsection, a non-benefits-eligible
position shall be defined as a position that is one or more of the following:
(A)
less than 50 percent effort;
(B)
expected to last less than a full semester or a period
of four and one-half months (i.e., temporary); or
(C)
requires student status as a condition of employment.
(2)
Combining of Percent Effort at Different Institutions Not
Permitted. When calculating an employee's percent effort to determine whether
a position is non-benefits-eligible as provided in paragraph (1) of this subsection,
an institution shall include only the individual's employment with that institution.
For example, an individual who is simultaneously employed at 25 percent effort
with Institution A and at 50 percent effort with Institution B shall not be
eligible to participate in ORP at Institution A even though he or she may
already be participating at Institution B based on a minimum 50 percent effort
at Institution B. An exception may be made for an individual who is simultaneously
employed with more than one component institution under the same governing
board that operates its ORP either as a single plan for all components or
includes the applicable components in the same plan. In this case, the employee's
percent effort at each component may be combined to meet the minimum 50 percent
effort requirement.
(3)
Regardless of Vested Status. An employee shall not be eligible
to participate in ORP while employed in a non-benefits-eligible position regardless
of his or her ORP vested status.
(4)
No Effect on ORP Eligibility. Because a non-benefits-eligible
position is not eligible for TRS, employment in a non-benefits-eligible position
normally shall have no effect on an employee's ORP eligibility status upon
his or her subsequent return to a benefits-eligible position, regardless of
vested status.
(5)
Alternate Plan at Certain Community Colleges. Participation
in an alternate retirement plan for part-time employees who are not eligible
for TRS at a community college that has opted out of the federal social security
program shall have no effect on a person's ORP eligibility status upon his
or her subsequent return to a benefits-eligible position.
(h)
Retirement System Membership after ORP Vesting. A vested
ORP participant shall not be eligible for active membership in the applicable
retirement system unless he or she terminates all employment with the ORP
employer and becomes employed in a position that is eligible for the applicable
retirement system with an employer that does not offer ORP.
(1)
ORP in Lieu of TRS. A vested ORP participant who elected
ORP in lieu of TRS shall not be thereafter eligible for TRS membership, unless
he or she terminates employment with all Texas public institutions of higher
education and becomes employed in a TRS-eligible position with the Texas public
school system (e.g., Independent School Districts, regional educational service
centers) or any other Texas public educational institution or agency that
is covered by TRS but does not offer ORP in lieu of TRS, which will require
the participant to become a member of TRS. Such an individual, upon becoming
subsequently reemployed with any Texas public institution of higher education:
(A)
shall not resume participation in ORP; and
(B)
shall not thereafter be eligible to participate in ORP
in lieu of TRS ever again, regardless of the individual's previous ORP vested
status, employment in an ORP-eligible position, or if the individual's TRS
membership was canceled by withdrawal of employee contributions following
termination of employment from the TRS-covered position.
(2)
ORP in Lieu of ERS. A vested ORP participant who elected
ORP in lieu of ERS shall not thereafter be eligible for ERS membership, unless
he or she terminates employment with the Board and becomes employed in an
ERS-eligible position with a Texas state agency that does not offer ORP in
lieu of ERS, which will require the participant to become a member of ERS.
Such an individual, upon becoming subsequently reemployed with the Board:
(A)
shall not resume participation in ORP; and
(B)
shall not be eligible to participate in ORP in lieu of
ERS ever again, regardless of the individual's previous ORP vested status,
employment in an ORP-eligible position, or if the individual's ERS membership
was canceled by withdrawal of employee contributions following termination
of employment from the ERS-covered position.
(i)
ORP Retirees Not Eligible to Participate. ORP retirees,
as defined in §25.3 of this title, who later return to employment with
the same or another Texas public institution of higher education or with the
Board in what would otherwise be considered a benefits-eligible position shall
not be eligible to participate in ORP, with the following exceptions:
(1)
ORP retirees who enrolled in retiree group insurance on
or before June 1, 1997;
(2)
employees who elected ORP in lieu of ERS at the Board and
who, after terminating employment with the Board and enrolling in retiree
group insurance as an ORP retiree from the Board, subsequently become employed
in an ORP-eligible position at a Texas public institution of higher education;
(3)
employees who elected ORP in lieu of TRS at a Texas public
institution of higher education and who, after terminating employment with
all Texas public institutions of higher education and enrolling in retiree
group insurance as an ORP retiree from a Texas public institution of higher
education, subsequently become employed in an ORP-eligible position at the
Board; and
(4)
ORP retirees who enroll in retiree group insurance as part
of a phased retirement program.
(A)
Definition. For the purposes of this subsection, a phased
retirement program shall be a locally designed option that is offered by a
limited number of institutions as a means of transitioning active employees
to retired status through a contractual agreement that requires the employee
to meet certain milestones during the contractual period, which is typically
one or two years, such as a reduction in percentage of effort and/or enrollment
in retiree group insurance prior to termination of employment. At the end
of the contractual period, the employee is considered to be in a retired status
for all purposes.
(B)
Exemption. ORP participants who are covered by a phased
retirement program agreement shall remain eligible for ORP contributions during
the contractual period as long as they maintain at least 50 percent effort,
even after they are required to enroll in retiree group insurance as an ORP
retiree. Once the contractual period has expired, the participant shall no
longer be exempt from the provisions of this subsection.
(5)
ORP retirees who meet the exceptions described in paragraphs
(1) - (4) of this subsection shall not be considered eligible to participate
in ORP or to elect ORP in lieu of the retirement system from which they did
not retire unless they meet the same eligibility criteria as employees who
have not established ORP retiree status.
(j)
Termination of Participation. An employee shall terminate
participation in ORP only upon death, retirement (including disability retirement),
or termination of employment with all Texas public institutions of higher
education (if the election of ORP was in lieu of TRS) or termination of employment
with the Board (if the election of ORP was in lieu of ERS).
(1)
Employment Transfer is not a Termination. A participant's
transfer of employment between Texas public institutions of higher education
without a break in service, as defined in §25.3 of this title, shall
not be considered a termination of employment for ORP purposes, unless the
new position is non-benefits-eligible, as defined in subsection (g) of this
section.
(2)
Transfer of Funds is not a Termination. A transfer of ORP
funds between ORP accounts or ORP companies shall not be considered a termination
of employment for ORP purposes.
§25.6.Uniform Administration of ORP.
(a)
Contributions.
(1)
Tax-Deferred. All ORP contributions shall be made on a
tax-deferred basis.
(2)
IRS Limits on Defined Contributions. Contributions to a
participant's ORP account shall not exceed the maximum amount allowed under §415(c)
of the Internal Revenue Code of 1986, as amended.
(A)
415(m) Plan. Institutions are authorized by the ORP statute
to establish a plan authorized under §415(m) of the Internal Revenue
Code of 1986, as amended, for a participant's ORP contributions that exceed
the 415(c) limit.
(B)
Stopping ORP Contributions. In the absence of a 415(m)
plan, an ORP employer shall discontinue ORP contributions for participants
who reach the 415(c) limit for the remainder of the applicable plan year.
(C)
Interaction with TSA/TDA Program. An employee's contributions
under the voluntary supplemental Tax-Sheltered Annuity/Tax-Deferred Account
Program shall be included in the 415(c) limit.
(3)
No Co-Mingling of ORP and non-ORP Funds.
(A)
No Non-Texas ORP Funds. No non-Texas ORP funds may be rolled
over or transferred to an ORP account prior to the earlier of the participant's
termination of ORP participation or reaching age 70-1/2, other than a rollover
of the participant's employee contributions, and any accrued interest, that
were withdrawn from the applicable retirement system in conjunction with the
participant's election of ORP in lieu of that retirement system.
(B)
No TSA/TDA Funds. Amounts that have been contributed by
the participant through the Tax-Sheltered Annuity/Tax-Deferred Account Program,
including any amounts that may have been contributed during the employee's
90-day waiting period for membership in the applicable retirement system,
may not be rolled over or transferred to an ORP account prior to the earlier
of the participant's termination of ORP participation or reaching age 70-1/2.
(C)
Texas ORP Contract Required. ORP contributions may only
be made to a contract that is authorized by the participant's current ORP
employer for Texas ORP contributions, even if the participant already has
a contract with a company from a prior period of employment with another employer,
whether a Texas ORP employer or not.
(4)
No Dual Contributions. A contribution to the applicable
retirement system and to an ORP company within the same calendar month shall
not be permitted, except when a person terminates employment in a position
covered by the applicable retirement system and, prior to the end of the calendar
month in which the termination occurs, becomes employed in an ORP-eligible
position at a different ORP employer and elects to participate in ORP by signing
and submitting the appropriate forms to the ORP employer in such manner that
the ORP participation start date is prior to the end of that same calendar
month, as provided in §25.4(g) of this title (relating to Participation
Start Date).
(5)
Eligible Compensation.
(A)
Definition. For purposes of determining the amount of a
participant's ORP contribution, institutions shall use the same definition
of eligible compensation that is used for TRS members in §821.001 of
the Texas Government Code.
(B)
IRS Limits. The maximum amount of salary that can be taken
into account for ORP purposes shall not exceed the limits established by §401(a)(17)
of the Internal Revenue Code of 1986, as amended. An individual who first
participated in ORP prior to September 1, 1996, regardless of a subsequent
break in service, shall qualify for the "grandfathered" rate established by
IRC §401(a)(17).
(C)
415(m) Plan. Institutions are authorized by the ORP statute
to establish a plan authorized under §415(m) of the Internal Revenue
Code of 1986, as amended, for a participant's ORP contributions that exceed
the 401(a)(17) limit.
(D)
Stopping ORP Contributions. In the absence of a 415(m)
plan, an ORP employer shall discontinue ORP contributions for participants
who reach the 401(a)(17) limit for the remainder of the applicable plan year.
(6)
Contribution Rates. The amount of each participant's ORP
contribution shall be a percentage of the participant's eligible compensation
as established by the ORP statute and the General Appropriations Act for each
biennium. Each contribution shall include an amount based on the employee
rate and an amount based on the employer rate.
(A)
Employee Rate. The employee contribution rate shall neither
exceed nor be less than the rate established in the ORP statute for employee
contributions.
(B)
Employer Rate. The employer contribution rate shall consist
of a state base rate (minimum), as established each biennium in the General
Appropriations Act, and an optional supplemental rate, as provided in subparagraph
(C) of this paragraph.
(C)
Supplemental Employer Rate. Institutions may provide a
supplement to the state base rate under the following conditions.
(i)
Amount of Supplemental Rate. The supplemental rate may
be any amount that, when added to the state base rate, does not exceed the
maximum employer rate established in the ORP statute. For example, if the
state base rate is 6 percent and the maximum statutory rate is 8.5 percent,
then the supplement may be any amount up to and including 2.5 percent.
(ii)
Component Institution Policies. Governing boards may establish
a supplemental rate policy that covers all component institutions or may establish
different policies for one or more individual components.
(iii)
Annual Determination. The governing board of each institution
shall determine the amount of the supplement once per fiscal year, to be effective
for the entire fiscal year.
(iv)
Method 1--All Participants. Institutions may provide the
same supplemental rate to all ORP participants, regardless of the participant's
first date to participate in ORP or a break in service. If this method is
selected, each ORP participant shall receive the same supplemental rate as
every other participant.
(v)
Method 2--Two Groups. Institutions may, instead of providing
the same supplemental rate to all participants, provide two different supplemental
rates based on a participant's first date to participate in ORP, as follows.
(I)
Grandfathered. Each participant whose first date to participate
in ORP in lieu of the applicable retirement system at any ORP employer, is
prior to September 1, 1995, shall receive the same supplemental rate as other
participants in this group, regardless of any break in service. This group
of participants shall be referred to as the grandfathered group.
(II)
Non-Grandfathered. Each participant whose first date to
participate in ORP in lieu of the applicable retirement system at any ORP
employer is on or after September 1, 1995, shall receive the same supplemental
rate as other participants in this group, regardless of any break in service.
This group of participants shall be referred to as the non-grandfathered group.
(7)
Proportionality.
(A)
ORP employers Other than Community Colleges. Texas public
institutions of higher education, not including public community colleges,
and the Board shall pay ORP employer contributions on a proportionate basis
from the same funding source that a participant's salary is paid from. General
Revenue funds may only be used for ORP employer contributions for the portion
of a participant's salary that is actually paid with General Revenue.
(B)
Public Community Colleges. Public community colleges shall
pay ORP employer contributions on a proportionate basis from the same funding
source that a participant's salary is paid from, except that all participants
who are eligible to have all or part of their salary paid from General Revenue
shall be eligible for General Revenue funding of their ORP employer contributions
for the part of their salaries that is eligible for General Revenue funding,
whether or not the salary is actually paid from General Revenue. Eligibility
for General Revenue funding shall be based on the Elements of Expenditure.
(8)
Three-Day Submission Deadline. ORP employers shall send
ORP contributions to the ORP company within three business days of legal availability,
except for contributions made on a supplemental payroll or contributions that
are sent to a grandfathered company with less than 50 participants.
(A)
Legal Availability. Contributions shall generally be considered
legally available on payday. For ORP employers that normally pay participants
on a twice-monthly basis, the three-day minimum shall apply to each payday
in the month.
(B)
Grandfathered Company. For purposes of this paragraph,
a grandfathered company shall be a company that is no longer on a particular
ORP employer's list of authorized ORP companies, but that continues to receive
ORP contributions for certain participants as authorized by that ORP employer.
(C)
Exception Deadline. Contributions that are excepted from
the three-day submission deadline shall be sent to the company as soon as
practicable, but not later than 10 business days after they are legally available.
(9)
Electronic Funds Transfer (EFT).
(A)
Requirement. ORP employers shall send all ORP contributions,
including contributions based on a supplemental payroll and contributions
sent to a grandfathered company as defined in paragraph (8) of this subsection,
to each ORP company by electronic funds transfer (EFT) if the ORP employer
is currently able to send funds by EFT and the company is currently able to
receive funds by EFT.
(B)
Inability to Receive. If a company is unable to receive
funds by EFT, the ORP employer shall send contributions to the ORP company
by check and provide the following notifications.
(i)
Certification. The ORP employer shall certify to the Board,
on the ORP employer's annual ORP report as required by subsection (g) of this
section, that the company is unable to receive funds by EFT.
(ii)
Participant Notification. At least once per fiscal year,
the ORP employer shall provide notice to each participant indicating which
ORP companies are unable to receive funds by EFT.
(10)
Same-Day Credit. ORP companies shall deposit each participant's
ORP contributions into the accounts and/or funds designated by the participant
effective on the same day that the contributions are received by the company.
A company that does not comply with this provision shall not be eligible to
be authorized as an ORP company by any ORP employer.
(11)
Forfeited ORP Employer Contributions. If a participant
forfeits ORP employer contributions under §25.5(a) of this title (relating
to Vesting Requirement), the ORP employer shall return the forfeited contributions
to the originating fund in accordance with the following procedures.
(A)
93-Day Deadline for Request. Not later than 93 calendar
days after the last day of the calendar month in which an unvested participant
terminates all employment with all ORP employers, the ORP employer shall send
a request to the ORP company or companies for a return of the ORP employer
contributions that were sent to the company or companies for that participant
during that period of employment. This request may be referred to as a vesting
letter because it indicates that the participant has not met the vesting requirement.
(i)
93 Days is Outside Limit. An ORP employer may send the
request for forfeited ORP employer contributions immediately upon a participant's
termination if the ORP employer has knowledge that the participant has not
become employed and is not anticipating becoming employed in a position that
is eligible for ORP in lieu of the same retirement system at the same or another
ORP employer within the 93-day period.
(ii)
If Deadline is Missed. If the ORP employer fails to request
the forfeited amounts within the 93-day deadline, then the ORP employer shall
make the request immediately upon discovering the oversight, even if the participant
later resumes participation after the 93-day deadline as described in subparagraph
(B) of this paragraph.
(B)
If Participant Returns After 93 Days. If an unvested participant
returns to employment that is eligible for ORP in lieu of the same retirement
system at the same or another ORP employer and resumes active participation
on a date that is more than 93 calendar days after the last day of the calendar
month in which he or she previously terminated participation, the participant's
unvested ORP employer contributions from the prior period of employment shall
still be forfeited, even if the participant subsequently satisfies the vesting
requirement.
(C)
Forfeited Amount. The forfeited amount shall be the actual
amount of ORP employer contributions sent to the participant's ORP accounts
during his or her current period of employment.
(i)
Excess Amounts not Included. The forfeited amount shall
not include any amounts in the participant's ORP account in excess of the
actual ORP employer contributions that are attributable to net earnings.
(ii)
If Account is Less than Actual Amount. The entire amount
of actual ORP employer contributions shall be returned even if the account
balance is less than the amount of the actual ORP employer contributions because
of investment loss, transfer, or other occurrence or transaction.
(I)
Company's Responsibility. The ORP company shall be responsible
for making arrangements to cover any loss of unvested ORP employer contributions,
so that the entire amount of actual ORP employer contributions is returned
to the ORP employer upon request.
(II)
Certification. Before an ORP employer may authorize a
company to receive ORP contributions from unvested participants, as provided
in subsection (c) of this section, the ORP employer shall require the company
to certify that the entire amount of actual unvested ORP employer contributions
will be returned upon request. The ORP employer may require the company to
indicate what method will be used, for example, restriction of unvested funds
to money market or similar accounts.
(D)
Company Response Deadline. Within 30 days of receiving
the ORP employer's request for a return of unvested ORP employer contributions,
the ORP company shall:
(i)
process a reimbursement to the ORP employer; and
(ii)
send notification of the transaction to the employee indicating
the reason for the reduction in the account balance.
(E)
Deposit into Originating Fund. The ORP employer shall deposit
the reimbursed ORP employer contributions into the originating fund or funds
in accordance with instructions from the Texas Comptroller of Public Accounts
and any other applicable policies and procedures.
(F)
Resumption of Participation within 93 Days.
(i)
If unvested ORP employer contributions are returned to
the originating fund when the participant did, in fact, resume ORP participation
in lieu of the same retirement system at the same or another ORP employer
within 93 calendar days of the last day of the calendar month in which the
termination of participation occurred, the ORP employer that requested the
reimbursement shall, immediately upon being notified of the employee's resumption
of participation, return the reimbursed amount to the ORP company for re-deposit
into the participant's account.
(ii)
The ORP employer with which the participant resumes participation,
if not the ORP employer that requested the reimbursement, shall notify the
ORP employer that requested the reimbursement of the participant's status
as soon as practicable after the participant resumes participation.
(iii)
The entire amount of actual ORP employer contributions
that were returned to the originating fund under the provisions in this paragraph
shall be sent back to the company. There shall be no allowance for any earnings
or losses on the ORP employer contributions that may have accrued during the
time that the amounts were not in the participant's account.
(b)
Withdrawal of Retirement System Funds. An employee who
elects to participate in ORP may withdraw any employee contributions (plus
accrued interest, if any) that he or she may have accumulated in the applicable
retirement system prior to the election of ORP. Contributions refunded by
the applicable retirement system to ORP participants may be rolled over to
the participant's ORP account.
(c)
ORP Companies.
(1)
Authorized by Each ORP Employer. Each ORP employer shall
establish its own list of companies that are authorized to provide ORP products
to that employer's ORP participants. Governing boards with more than one component
institution may establish one list for all components or separate lists for
one or more component institutions.
(2)
Qualified Companies. Companies authorized by an ORP employer
shall be qualified to do business in the state of Texas as determined by the
Texas Department of Insurance, the Texas State Securities Board, and any other
applicable state or federal agency.
(3)
Minimum Number of Companies.
(A)
Minimum of Four. Each ORP employer shall authorize a minimum
of four qualified companies, including at least one company that offers 403(b)(1)
annuity accounts and at least one company that offers 403(b)(7) custodial
accounts.
(B)
Variety of Choices. Each ORP employer's list of authorized
companies and products shall provide a reasonable variety of choices among
types of accounts and funds.
(C)
No Maximum Number. Each ORP employer may authorize as many
ORP companies as the ORP employer deems appropriate.
(4)
Return of Unvested Employer Contributions. Before an ORP
employer may authorize a company to receive ORP contributions from unvested
participants, the ORP employer shall require the company to certify that the
entire amount of actual unvested ORP employer contributions will be returned
upon request, in accordance with the procedures in subsection (a)(11) of this
section. The ORP employer may require the company to indicate what method
will be used, for example, restriction of unvested funds to money market or
similar accounts.
(5)
Authorization Policies and Procedures. Each ORP employer
shall be responsible for establishing local policies and procedures for authorizing
or certifying companies to provide ORP products to the ORP employer's ORP
participants. Governing boards with more than one component institution may
establish one policy for all components or separate policies for one or more
component institutions.
(A)
Consultants. ORP employers may enlist the assistance of
consultants or other outside parties to develop selection criteria.
(B)
Competitive Bids. ORP employers may scrutinize the quality
of ORP products and select ORP companies and products through a competitive
bid process.
(C)
Participant Requests. ORP employers shall not be required
to authorize any ORP company, company representative, or product requested
by any participant, although ORP employers may take such requests into account
if it may be done in accordance with applicable laws, rules and policies.
(D)
Periodic Review of Policies. Each ORP employer shall periodically
review and update its authorization or certification policies and procedures.
(E)
Periodic Re-Authorization. Each ORP employer shall periodically
re-authorize or re-certify companies.
(6)
Participant's Change of Companies.
(A)
Two Opportunities per Year. Each ORP employer shall provide
ORP participants with at least two opportunities during each fiscal year to
select a different company from the ORP employer's list of authorized companies.
The opportunities may be provided on set dates during the year or on a flexible
individualized basis.
(B)
Two Changes per Year. Each ORP employer shall allow a participant
to change his or her company selection on either or both of the opportunities
provided by the ORP employer under subparagraph (A) of this paragraph.
(C)
Effective within 35 Days. The ORP employer shall start
sending the participant's ORP contributions to his or her newly selected company
beginning with the next payroll period if practicable, but not later than
35 days after the date the participant signs and submits the appropriate forms
to the ORP employer.
(i)
Problems. If the ORP employer cannot comply with this deadline
due to circumstances beyond the ORP employer's control, the ORP employer shall
notify the participant of the problem and shall provide the participant with
an opportunity to change his or her company selection.
(ii)
Additional Change. A participant's change of companies
made in accordance with clause (i) of this subparagraph shall not be counted
against the number of changes required under subparagraph (B) of this paragraph.
(D)
Prior Contributions. Amounts contributed by the participant
to previously selected ORP companies, including ORP contributions made during
prior periods of employment with the same or another ORP employer, shall be
under the same statutory distribution restrictions as the contributions in
the participant's account with his or her newly selected ORP company.
(7)
Grandfathered Companies.
(A)
ORP employers may allow participants to continue contributing
to an ORP company that is no longer on the ORP employer's list of authorized
companies. Such a company shall be referred to as a grandfathered company.
(B)
Institutions may allow participants who directly transfer
from another Texas public institution of higher education to continue contributing
to the same ORP company that they were contributing to at their prior ORP
employer, provided the institution verifies that the contract includes the
statutory distribution restrictions.
(8)
Confirmation of ORP Contributions. ORP employers shall
require ORP companies that receive contributions for the ORP employer's ORP
participants to submit confirmation of receipt of funds directly to each participant
at least quarterly. The confirmation shall contain the date and amount of
each ORP contribution received during the reporting period.
(9)
Confirmation of Funds Transfer. ORP employers shall require
ORP companies that receive contributions for the ORP employer's ORP participants
to, immediately upon execution of a transfer from one fund or investment or
account to another fund or investment or account, submit a confirmation directly
to the participant, unless specifically waived by the participant in writing.
The confirmation shall include all transfer information, including a statement
of any applicable charges.
(10)
Required Company Reports. Each ORP employer shall require
all ORP companies that receive contributions for the ORP employer's ORP participants
to submit, at least annually, a report or reports to each participant having
ORP accounts with that company, including accounts that are no longer receiving
current contributions, containing the information indicated in paragraphs
(11) - (13) of this subsection.
(11)
For all accounts, the following information shall be provided:
(A)
name and address of the participant;
(B)
identifying number;
(C)
total payments received during the reporting period;
(D)
expense charges during the reporting period;
(E)
net payments during the reporting period;
(F)
total value of account at the end of the reporting period;
and
(G)
net cash surrender value of account at the end of the reporting
period reflecting all potential charges against the account if it were surrendered
for cash as of the last day of the reporting period.
(12)
For fixed and variable annuity accounts, the following
additional information shall be provided:
(A)
interest rate or rates paid on the account from the previous
reporting period to the end of the current reporting period; and
(B)
where multilevel rates of interest were paid on an account,
a breakdown showing the amount in the participant's account at each interest
level, the amount of interest earned at each interest level, and the rates
of interest. An ORP company may exclude the information required by this subparagraph
concerning multilevel rates of interest from the annual report, but if this
information is not provided on at least an annual basis, the company shall
provide it at any time upon the participant's request.
(13)
For variable annuity and custodial accounts, the following
additional information shall be provided:
(A)
units of each fund or investment or account purchased during
the reporting period;
(B)
total units of each fund or investment in the account at
the end of the reporting period; and
(C)
value of unit of each fund or investment or account at
the end of the reporting period.
(14)
Optional Information. ORP employers may require ORP companies
to provide participants with other information in addition to the reporting
requirements in paragraph (10) of this subsection, including, but not limited
to:
(A)
additional account-related information;
(B)
information about the company; and
(C)
general educational information related to investments.
(15)
Authorized Company Representatives.
(A)
Designated Representatives. ORP employers may require ORP
companies to designate representatives, or may require that the company and
the ORP employer jointly designate representatives, who are authorized to
communicate directly with the ORP employer's ORP-eligible employees concerning
the company and its products.
(B)
Restricted Number. ORP employers may restrict the number
of representatives authorized to represent each company.
(C)
Brokers. ORP employers may authorize brokers who represent
more than one authorized company. Such authorization may be in addition to
the number of designated representatives of a particular company.
(D)
Representative's ORP Knowledge. ORP employers may require
ORP companies to certify that their designated representatives are sufficiently
trained and knowledgeable about ORP, including an understanding of the statutory
distribution restrictions that must be included in all ORP contracts.
(E)
Responsibility to Correct Mistakes. ORP employers may require
a company to fully rectify, at the company's cost, any mistakes made by a
designated company representative concerning the delivery of incorrect ORP
information and any resulting problems.
(16)
Solicitation Practices. Each ORP employer shall establish
the following procedures related to company solicitation practices.
(A)
Sales Presentations. Authorized representatives shall be
permitted to make sales presentations to ORP-eligible employees on the ORP
employer's premises, under the following conditions:
(i)
only at the employee's request;
(ii)
as a guest of the employee and ORP employer; and
(iii)
in compliance with the ORP employer's applicable policies
and procedures.
(B)
Prohibited Gifts. ORP company representatives shall be
prohibited from providing gifts or monetary rewards directly or indirectly
to any employee of the ORP employer for information on newly eligible employees.
(C)
Bulk Campaigning Prohibited. Authorized representatives
shall be responsible for providing appropriate sales literature and service
at locations designated by the ORP employer. Unless specifically authorized
by the ORP employer, ORP company representatives shall be prohibited from
using campus bulk mailing (including electronic mail) or telephone campaigning.
(D)
Violations. ORP employers shall reserve the right to restrict
solicitation privileges of authorized representatives based on violations
of the solicitation procedures in this paragraph and each ORP employer's local
policies and procedures.
(d)
Qualified Domestic Relations Orders (QDROs).
(1)
Company Responsibilities. Each ORP employer shall ensure
that all ORP contracts include a provision that the ORP company is solely
responsible for determining whether a domestic relations order is qualified
and payable in accordance with Texas Government Code, Chapter 804.
(2)
Company Interpretation. ORP employers may include criteria
relating to an ORP company's interpretation of Texas Government Code, Chapter
804, in the ORP employer's ORP company authorization or certification process
as provided in subsection (c) of this section.
(e)
Investment Advisory Fees. Participants may pay certain
investment advisory fees with tax-deferred funds in their ORP account in accordance
with the following conditions.
(1)
Investment advisory fees may only be paid with amounts
in a participant's ORP account in accordance with the following provisions.
(A)
The investment advisory fees for each fiscal year shall
not exceed two percent of the annual value of the participant's account as
of the last day of that fiscal year.
(B)
The fees shall be paid directly to a registered investment
advisor that provides advice to the participant.
(C)
The investment advisor to whom the fees are paid shall
be registered with the Securities and Exchange Commission and any other applicable
federal or state agencies, and shall be engaged full-time in the business
of providing investment advice.
(D)
The participant and the investment advisor shall enter
into a contract for a term of no more than one year. A contract that automatically
renews each year shall be considered acceptable as long as both parties have
the right to sever the relationship, with reasonable notification, at any
time.
(2)
An ORP employer shall not prohibit participants from utilizing
this right and shall not restrict the payment percentage to less than two
percent.
(3)
An ORP employer may include in its ORP company authorization
or certification process, as provided in subsection (c) of this section, a
provision that prohibits commissions to an individual who also receives investment
advisory fees for the same ORP account.
(4)
An ORP company may request the ORP employer to sign a statement
that investment advisory fees are permissible under the plan to provide assurance
to the company that it is releasing ORP funds to the advisor in accordance
with applicable ORP provisions.
(A)
An ORP employer shall not sign the company's form indicating
that investment advisory fees are permissible under the plan unless the ORP
employer has received satisfactory documentation that the four conditions
described in paragraph (1) of this subsection have been met.
(B)
An ORP employer shall not sign a form that actually authorizes
the payments because that is a relationship between the advisor, the participant
and the company.
(f)
Distribution Restrictions.
(1)
Restricted Access.
(A)
No Pre-Termination Access unless Age 70-1/2. ORP participants
shall not access any of their ORP funds by any means until the earlier of
the date that they:
(i)
terminate all employment with all ORP employers; or
(ii)
reach age 70-1/2 years.
(B)
No Loans or Hardship Withdrawals.
(i)
Loans, financial hardship withdrawals, or any other method
that provides a participant with any type of access to ORP funds prior to
the earlier of termination of employment or attainment of age 70-1/2 shall
not be permitted.
(ii)
ORP products may provide for loans or hardship withdrawals
after the participant's termination of employment or attainment of age 70-1/2,
if permissible under applicable laws and regulations.
(C)
Previously Contributed Amounts. ORP contributions made
during prior periods of employment with the same or another ORP employer and
ORP contributions made to previously selected ORP companies with the current
ORP employer shall be under the same statutory distribution restrictions as
the contributions in the participant's current active account.
(D)
Employment Transfer is not a Termination. A participant's
transfer of employment between Texas public institutions of higher education
without a break in service, as defined in §25.3 of this title (relating
to Definitions), shall not be considered a termination of employment for ORP
purposes, unless the new position is non-benefits-eligible, as defined in §25.5(g)
of this title (relating to Employment in a Non-Benefits-Eligible Position).
(E)
Transfer of Funds is not a Termination. A transfer of ORP
funds between ORP accounts or ORP companies shall not be considered a termination
of employment for ORP purposes.
(F)
Simultaneous Contributions and Withdrawals. An ORP participant
shall not simultaneously make ORP contributions and withdraw funds from ORP
accounts unless that participant is at least age 70-1/2.
(G)
Documentation of Restrictions. ORP employers shall ensure
that all ORP contracts specifically contain the statutory ORP distribution
restriction provisions, which are sometimes referred to as the ORP endorsement.
(2)
Authorization to Release ORP Funds. An ORP company shall
not release any ORP funds to a participant until receipt of notification from
the participant's ORP employer that a break in service has occurred, except
when the participant has reached age 70-1/2, in which case, the ORP company
may release funds upon verification that the participant has reached age 70-1/2.
The ORP employer's termination notification may be referred to as a vesting
letter because it indicates whether the participant has met the ORP vesting
requirement.
(A)
Unvested Participants. If a participant terminates prior
to meeting the vesting requirement, the ORP employer's notification shall
include a request for the return of the participant's forfeited ORP employer
contributions, as provided in §25.6(a)(11) of this title (relating to
Forfeited ORP Employer Contributions).
(B)
Vested Participants. If a participant terminates after
meeting the vesting requirement, all funds shall be available in accordance
with applicable federal law and contractual provisions, but non-ORP-related
early withdrawal penalties, such as additional federal income taxes or contractual
surrender fees, may apply depending on factors such as the participant's product
selection and age at termination.
(3)
Prohibited Distribution by ORP Company. If an ORP company
provides a participant with any access to ORP funds prior to the earlier of
the participant's termination of employment with all ORP employers or attainment
of age 70-1/2, then that company shall be responsible for making a prohibited
distribution and the following provisions apply.
(A)
Redeposit. The participant's ORP employer shall require
the company to:
(i)
redeposit funds to the employee's ORP account as if no
withdrawal had been made; and
(ii)
provide written verification to the ORP employer that
the account has been fully restored with no adverse impact to the employee.
(B)
Company Suspension. The ORP employer may suspend a company
from doing further business with the ORP employer's participants at any time
a company fails to comply with these provisions.
(g)
ORP Employer Reports.
(1)
Required Information. All ORP employers shall submit the
following information to the Board:
(A)
number of ORP participants;
(B)
amount of contributions sent to ORP companies;
(C)
list of ORP-eligible positions; and
(D)
any other information required by the Board.
(2)
Annual Report.
(A)
Format. The required information shall be provided in a
reporting format developed by the Board, which may include an electronic format.
(B)
Due Date. The required information shall be reported on
a fiscal year basis and shall normally be due on November 1 of each year for
the most recent fiscal year ending August 31.
(3)
Additional Information as Needed. ORP employers shall provide
additional information to the Board as needed to carry out its functions under
the ORP statute, which may be in the form of ad hoc reports, formal or informal
surveys, or other format, and may be requested in an electronic format.
(h)
Required Notices to Employees.
(1)
Basic Information for Newly Eligible Employees. On or before
an ORP-eligible employee's initial ORP eligibility date, which is the first
day of his or her 90-day ORP election period, each institution shall provide
the ORP-eligible employee with written introductory information on ORP developed
by the Board and titled, "An Overview of TRS and ORP for Employees Eligible
to Elect ORP."
(A)
Uniform and Unbiased. The purpose of this notification
requirement is to ensure that all employees who become eligible to elect ORP
are provided general, uniform and unbiased information on which to base their
decision.
(B)
Electronic Notification. An institution may meet this notification
requirement by:
(i)
placing on its website the electronic version of the Overview
document that is provided by the Board, and/or placing a link on its website
to the Overview document that is available on the Board's website;
(ii)
providing the ORP-eligible employee with local internet/intranet
access to the electronic version of the document or link; and
(iii)
within the required timeframe, notifying the ORP-eligible
employee in writing of the location of the electronic version or link.
(C)
Employees Subject to 90-Day TRS Waiting Period. Institutions
may provide the required ORP information on or before the employee's first
date of employment if the employee is subject to the 90-day TRS waiting period.
An election of ORP in lieu of TRS may not be made before the employee has
satisfied the TRS waiting period, but the ORP employer may encourage ORP-eligible
employees to consider their retirement plan choices during the TRS waiting
period. Employees who elect ORP as soon as the TRS waiting period has been
satisfied will maximize their ORP contributions and minimize the time it takes
to satisfy the ORP vesting period.
(2)
Participant's ORP Responsibilities. On or before an ORP-eligible
employee's initial ORP eligibility date, which is the first day of his or
her 90-day ORP election period, each ORP employer shall provide written notification
to the ORP-eligible employee that:
(A)
an election of ORP entails certain responsibilities for
the employee, including selection and monitoring of ORP companies and investments;
and
(B)
the ORP employer has no fiduciary responsibility for the
market value of a participant's ORP investments or for the financial stability
of the ORP companies chosen by the participant.
(3)
Possible Retiree Group Insurance Eligibility. ORP employers
shall include in their normal out-processing procedures for terminated employees,
a notification to ORP participants that includes the following information:
(A)
the participant's possible future eligibility for retiree
group insurance as an ORP retiree;
(B)
the ORP employer's policies for handling certification
that an ORP participant meets the eligibility requirements for enrollment
in retiree group insurance as an ORP retiree; and
(C)
a caution to the participant to refrain from withdrawing
all of his or her ORP funds if the participant anticipates enrolling in retiree
group insurance as an ORP retiree at a later date.
(D)
The notification may be either general in nature or specific
to each participant.
(4)
Verification of Notification Receipt. ORP employers shall
develop forms and/or procedures to carry out the notification requirements
in this subsection that provide documentation of the employee's acknowledgement
of receipt of this information, including the date of receipt, such as a signature
or electronic verification.
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 5, 2004.
TRD-200400738
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 22, 2004
For further information, please call: (512) 427-6114
Chapter 89.
ADAPTATIONS FOR SPECIAL POPULATIONS
Subchapter AA. COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
2.
CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS AND STATE LAW
The Texas Education Agency (TEA) proposes amendments to §§89.1053,
89.1055, 89.1076, and 89.1096, and the repeal of §89.1095, concerning
special education services for students with disabilities. The sections clarify
federal regulations and state statutes pertaining to delivering special education
services to students with disabilities. The proposed changes reflect revised
rules and a repeal resulting from revisions to the Texas Education Code (TEC)
and expiration of a rule.
During the 78th Texas Legislative Session, 2003, several sections of law
impacting special education were amended. As a result of the changes to the
state law, 19 TAC Chapter 89, Subchapter AA, must be amended to incorporate
these changes to ensure school district compliance with new procedural requirements.
The proposed amendments address the legislative requirements by providing
clarification to 19 TAC §§89.1053, 89.1055 and 89.1076. Additionally,
this proposal repeals 19 TAC §89.1095, which expired on June 30, 2001,
and amends 19 TAC §89.1096.
The proposed amendments and repeal related to 19 TAC Chapter 89, Subchapter
AA, include the following.
Section 89.1053, Procedures for Use of Restraint and Time-Out, would be
amended to reflect changes made in TEC, §37.0021, related to the definitions
of restraint and time-out and the applicability of the law and rules to certain
individuals and entities. During the legislative session in 2003, TEC, §37.0021,
was amended to revise language related to the procedures for use of confinement,
restraint, seclusion, and time-out. The definitions for restraint and time-out
were revised, and language was added to indicate that the law, and any rules
or procedures adopted under the law, do not apply to peace officers while
performing law enforcement duties; juvenile probation, detention, or corrections
personnel; or an educational services provider with whom a student is placed
by a judicial authority, unless the services are provided in an educational
program of a school district.
Section 89.1055, Content of the Individualized Education Program (IEP),
would be amended to reflect legislative intent related to transition and to
add language related to the new transition requirements as reflected in TEC, §29.011.
The amended law no longer requires a memorandum of understanding (MOU) on
transition planning for students with disabilities, but requires the ARD committee
to consider, and, if appropriate, address in the IEP nine issues related to
transition planning for students with disabilities.
Section 89.1076, Interventions and Sanctions, would be amended to reflect
language changes made in TEC, §39.131. The amended law revises language
related to the appointment of a conservator, as opposed to a master, to oversee
the operations of a district, and it is proposed that 19 TAC §89.1076
be amended to reflect this revised reference consistent with the statute.
It is further proposed that language be added to reflect that, in building
a new monitoring system for educational programs, the focus has expanded beyond
compliance-based issues to encompass student performance, including program
effectiveness.
Section 89.1095, Provision of Services for Students Placed by their Parents
in Private Schools, which expired on June 30, 2001, would be repealed since
it is no longer in effect.
Section 89.1096, Provision of Services for Students Placed by their Parents
in Private Schools or Facilities, would be amended to remove its expiration
date of June 30, 2004, and reference to 19 TAC §89.1095. These changes
reflect both the repeal of §89.1095 and the commissioner's intent to
extend the current timeline in regard to the availability of dual enrollment
for eligible students with disabilities ages 3 or 4. The extension of this
requirement will allow students with disabilities ages 3 and 4 to continue
to be dually enrolled in both public and private schools and to receive the
services and protections available under an individualized education plan.
The proposed amendment also clarifies that the protections afforded to 3-
and 4-year-old children under this section are intended to impact those students
not yet eligible to attend kindergarten in a public school district.
A two-day stakeholder meeting of parents, advocates, school districts,
education service centers, institutions of higher education, support personnel
organizations, teacher organizations, administrator organizations, and the
school board association was convened in December 2003 to discuss major issues
surrounding the development of rules related to restraint/ time-out and transition.
Statewide public hearings will be held on March 1, 2004, and March 8, 2004.
In addition, the public will be given the opportunity to submit written/ electronic
comments.
Susan Barnes, associate commissioner for standards and programs, has determined
that for the first five-year period the amendments and repeal are in effect
there will be no significant fiscal implications for state or local government
as a result of enforcing or administering the amendments and repeal.
Dr. Barnes has determined that for each year of the first five years the
amendments and repeal are in effect the public benefit anticipated as a result
of enforcing the amendments and repeal will be the revision of rules as required
by the 78th Texas Legislature, the clarification of legislative intent and/or
state requirements related to transition planning for students with disabilities,
and the provision of guidance relating to procedures for use of restraint
and time-out for students with disabilities. Additionally, the proposed amendments
clarify the commissioner's intent in regard to the provision of special education
services to students enrolled by their parents in private schools. There will
not be an effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the amendments and repeal as proposed.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendments and repeal submitted under the
Administrative Procedure Act must be received by the commissioner of education
not more than 15 calendar days after notice of the proposal has been published
in the
Texas Register
.
831
].
(5)
] Course consistent with the
Texas Common Course Numbering System (TCCNS)--a lower-division course that
meets one of three conditions:
(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.
Subchapter C. TEXAS SUCCESS INITIATIVE
(3)
] A student who has graduated
with an associate or baccalaureate degree from an institution of higher education.
(4)
] A student who transfers to
an institution from a private or independent institution of higher education
or an accredited out-of-state institution of higher education and who has
satisfactorily completed college-level coursework as determined by the receiving
institution.
(5)
] A student who has previously
attended any institution and has been determined to have met readiness standards
by that institution.
(6)
] A student who is enrolled in
a certificate program of one year or less (Level-One certificates, 42 or fewer
semester credit hours or the equivalent) at a public junior college, a public
technical institute, or a public state college.
(7)
] A student who is serving on
active duty as a member of the armed forces of the United States, the Texas
National Guard, or as a member of a reserve component of the armed forces
of the United States and has been serving for at least three years preceding
enrollment.
(8)
] A student who on or after August
1, 1990, was honorabley discharged, retired, or released from active duty
as a member of the armed forces of the United States or the Texas National
Guard or service as a member of a reserve component of the armed forces of
the United States.
Chapter 8.
CREATION, EXPANSION, DISSOLUTION, OR CONSERVATORSHIP OF PUBLIC COMMUNITY COLLEGE DISTRICTS
/Junior
] College
Districts--Operate as out-of-district units of existing community[
/junior
] college districts and provide programs as defined in Texas Education
Code, Chapter 130 and set out in §8.25 of this title (relating to Provisions
Applicable to Each Type of District) on an ongoing and permanent basis.
/junior
] college
district and outside the boundaries of the taxing authority of a community[
/junior
] college district. Extension centers and extension facilities
are subject to Chapter
4
[
5
], Subchapter
E
[
H
] of this title (relating to Approval of Distance
Education and
Off-Campus Instruction
[
Learning
] for Public Colleges and
Universities).
/junior
] college district, the technical
college system, public
state college
[
lower-division institutions
], public senior college or university, or other educational agency,
including but not limited to boards of directors, boards of regents, boards
of trustees, and independent school district boards.
/Junior
] College--A
public community[
/junior
] college district that has failed to establish
and maintain a community[
/junior
] college within three years from
the date of its authorization.
(12)
] Scholastic Population of
a Proposed Community[
/Junior
] College District--All students enrolled
in K-12 for the area to be included in the district.
(13)
] State Conservatorship Board--Appointed
by the Governor with the consent of the Senate and has the authority, when
appointed as conservator of an agency, to:
(14)
] Technical Courses or Programs--Workforce
education courses or programs for which semester/quarter credit hours are
awarded.
(15)
] Vocational Courses or Programs--Workforce
education courses or programs for which continuing education units (CEUs)
are awarded.
(16)
] Workforce Continuing Education
Course--A course offered for continuing education units (CEUs) with an occupationally
specific objective and supported by state funding. A workforce continuing
education course differs from a community service course offered for recreational
or avocational purposes and is not supported by state funding.
(17)
] Workforce Education--Technical
courses and programs for which semester/quarter credit hours are awarded,
and vocational courses and programs for which continuing education units are
awarded. Technical and vocational courses and programs prepare students for
immediate employment or job upgrade within specific occupational categories.
Subchapter B. CREATION OF A PUBLIC COMMUNITY COLLEGE DISTRICT
/junior
] college
district, and provides specific procedures communities are to follow in requesting
approval from the Board for the creation of a public community[
/junior
] college district and the holding of an election to establish the district.
/junior
] college
districts. The provisions direct the Board to determine the need for the public
community[
/junior
] college district and the ability of the jurisdiction
to provide adequate local financial support. The Board shall determine whether
programs in the proposed institution will create unnecessary duplication or
seriously harm programs in existing community[
/junior
] college
districts. The Board must consider the needs and welfare of the state as a
whole, as well as the welfare of the community involved, when authorizing
the creation of a community[
/junior
] college district.
/Junior ] College District Coextensive with an Independent School District or a Union Community[ /Junior ] College District.
/junior
] college district may be
established by:
/junior
] college district
must have a minimum assessed valuation (as defined in the Texas Tax Code,
Chapter 1, §1.004) of not less than $2.5 billion and a total scholastic
population of not less than 15,000 in the school year preceding the date of
the Letter of Intent as set out in §8.27 of this title (relating to Application
Procedures) for the proposed community[
/junior
] college district.
A petition for an election to create a district of this type must be signed
by not less than 10% of the qualified voters in the proposed district.
/Junior ] College District.
/junior
] college district
may be established by any county in the state. The proposed community[
/junior
] college district must have a minimum assessed valuation (as
defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5
billion, and a total scholastic population of not less than 15,000 in the
school year preceding the date of the Letter of Intent as set out in §8.27
of this title (relating to Application Procedures) for the proposed community[
/junior
] college district. A petition for an election to create a district
of this type must be signed by not less than 10% of the qualified voters of
the county.
/junior
] college district
may be established by any combination of contiguous counties in the state.
The proposed community[
/junior
] college district must have a minimum
assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004)
of not less than $2.5 billion, and a total scholastic population of not less
than 15,000 in the school year preceding the date of the Letter of Intent
as set out in §8.27 of this title (relating to Application Procedures)
for the proposed community[
/junior
] college district. A petition
for an election to create a district of this type must be signed by not less
than 10% of the qualified voters of each of the counties in the proposed district.
/junior
] college district:
/junior
] college must
be planned as a comprehensive two-year institution primarily serving its local
taxing district and service area (as defined in the Texas Education Code,
Chapter 130, Subchapter J), offering:
/junior
] college shall reach a minimum enrollment
of 1,000 full-time equivalent students within three years of the date of its
authorization.
/junior
] college district shall be eligible to receive a proportionate
share of the legislative appropriation for public community[
/junior
]
colleges. Eligibility criteria for legislative appropriations are set out
in Texas Education Code, §130.003.
/junior
] college district shall appoint a Steering Committee
of at least seven citizens to provide leadership on behalf of the community[
/junior
] college effort.
/junior
] college district is to be coextensive
with the independent school district, the local board of trustees may serve
as the Steering Committee.
/junior
] college district
in the area;
/junior
] college;
/junior
] college district; and
/junior
] college district. At a minimum, the petition shall include:
the amounts of proposed bonds, bond tax rate ceiling to be proposed, and maintenance
tax limits (not to exceed the limits provided in the Texas Education Code, §130.122)
that shall appear on the ballot in the event an election is authorized.
/junior
] college district
coextensive with an independent school district or city which has assumed
control of its school, the petition shall be presented to the school district's
board of trustees.
/junior
] college district, the petition shall be presented
to the county school board if the proposed district encompasses a single county,
or county school boards of the respective counties if the proposed district
encompasses more than one county. If there is no county school board or school
boards, the petition shall be presented to the commissioners' court(s) of
the county or counties involved.
/junior
] college district shall be
taken at the next quarterly Board meeting. In making its decision, the Board
shall consider the needs of the community, the potential impact on other institutions
of higher education, and the welfare of the state as a whole.
/junior
] college district, it shall then be the duty of the district
or city school board or the commissioners' court or courts to enter an order
for an election to be held in the proposed district at the next authorized
election date as provided in the Texas Election Code, §41.001, to determine
whether or not such community[
/junior
] college district be created
and formed, and to submit the questions of issuing bonds and levying bond
taxes, and levying maintenance taxes in the event the district is created.
The order shall contain a description of the independent school district or
districts, county or counties whose boundaries shall be coextensive with the
community[
/junior
] college district to be formed, and fix the date
of the election.
/junior
] college district submitted in the order, the election of the
original trustees, and the questions of issuing bonds and levying taxes. A
majority of the electors voting in such election shall determine such questions
submitted in the order.
/junior
] college
district fail, a period of 12 months must elapse before resubmission of the
proposition to the Board. The Board shall require a strong showing of need
and unusual circumstances before approving resubmission before the 12 months
have elapsed.
Subchapter C. DISSOLUTION OF AN INACTIVE PUBLIC COMMUNITY COLLEGE DISTRICT
/junior
] college district which
has failed to maintain or establish a community[
/junior
] college
within three years from the date of its authorization.
/junior
] college district may be initiated:
/junior
] college
district to the chair of the governing board of the district.
/junior
] college
district. The resolution must set forth:
/junior
] college district shall be entered in the minutes of the Board
and conveyed in writing by the Commissioner to the governing board or responsible
officials of the affected district.
/junior
] college district must be delivered to the Commissioner
and may be made by:
/junior
] college district was
passed. If no timely protest is received, the resolution shall become final
without further Board action on the 31st day after the quarterly board meeting
at which the resolution was passed.
Subchapter D. FORMATION OF A BRANCH CAMPUS
/junior
] college district to operate such a campus.
/junior
] college district
may establish and operate a branch campus through conversion of an extension
center or extension facility, provided that each course and program has been
approved and is subject to the continuing approval of the Coordinating Board.
/junior
] college.
Therefore, the branch campus must provide:
/junior
] college districts.
Community and Technical Colleges
] may conduct
one or more public hearings on the proposed branch campus to:
/junior
] college districts or other institutions of higher
education in the area; and
/junior
] colleges or other institutions of
higher education in the area and on the State of Texas.
/junior
] college district.
/junior
] college district
may accept or acquire by purchase or rent land and facilities in the name
of said institution.
5
], Subchapter
E
[
H
] of this title (relating to Approval of Distance
Education and Off-Campus Instruction
[
Learning
] for Public
Colleges and Universities).
/junior
] college district which includes the site of the branch campus (Such
local effort shall be reviewed by the Board according to the criteria as set
forth in Subchapter B of this title (relating to the Creation of a Public
Community[
/Junior
] College District) as to the feasibility of establishing
a separate community[
/junior
] college district),
/junior
] college
district has failed to maintain the standards and criteria of Board rules
and regulations at the branch campus.
Subchapter E. BRANCH CAMPUS MAINTENANCE TAX
/junior
] college district branch campus maintenance tax. The amount of a branch
campus maintenance tax shall not exceed five cents on each $100 valuation
of all taxable property in the jurisdiction.
/junior
] college
district that is planning the branch campus shall jointly file a Letter of
Intent with the Commissioner as soon as practical. The staff of the Board
shall offer advice and technical assistance to the Steering Committee under
the direction of the Commissioner on procedures and requirements.
pursuant to the Texas Education Code, Section130.087(b)
], the Steering
Committee shall be responsible for the circulation of a petition for authorization
of an election to levy a public community [
/junior
] college branch
campus maintenance tax. At a minimum, the petition shall include the maintenance
tax limits that shall appear on the ballot in the event an election is authorized.
For counties with a population of 150,000 or less
or an independent school
district within a county with a population of 150,000 or less
, no petition
to propose an election for a branch campus maintenance tax is required to
be submitted to the Board.
Subchapter F. CONSERVATORSHIP OF A PUBLIC COMMUNITY COLLEGE DISTRICT
/junior
] college.
/junior
] college when requested by the Governor and upon the advice
and assistance of the State Auditor.
/junior
]
college.
/junior
] college in question. The delegation
shall include members of the Committee on
Institutional Effectiveness
and Excellence
[
Community and Technical Colleges
] and Board
staff. The Board shall request assistance from the State Auditor's Office
to include one of its staff members as a member of the delegation.
/junior
] college in the matter of gross fiscal mismanagement, the delegation
as set out in
paragraph
[
subsection
] (1) of this
sub
section shall make a report to the Commissioner to include, if appropriate,
a recommendation concerning conservatorship.
/junior
] college, the Governor, by proclamation,
may appoint a conservator as defined in the Texas Government Code, §2401.001
to act as conservator of the college.
/junior
] college under conservatorship, as well as reimbursement of
other reasonable and necessary expenses incurred by the conservator.
/junior
] college under
conservatorship shall pay the salary and other reasonable and necessary expenses
of the conservator from money appropriated or otherwise available to the institution,
except to the extent that money to pay the salary is specifically appropriated
or made available through the budget execution process for that purpose.
Chapter 9.
PROGRAM DEVELOPMENT IN PUBLIC COMMUNITY/JUNIOR COLLEGE DISTRICTS AND TECHNICAL COLLEGES
Subchapter B. GENERAL PROVISIONS
Subchapter C. PURPOSE, ROLE, AND MISSION
Subchapter D. TRANSFERABLE ACADEMIC COURSES
Subchapter E. CERTIFICATE AND ASSOCIATE DEGREE PROGRAMS
Subchapter F. WORKFORCE CONTINUING EDUCATION COURSES
Subchapter G. CONTRACTUAL AGREEMENTS
Subchapter H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR ASSOCIATE DEGREE-GRANTING INSTITUTIONS
Subchapter I. DISTANCE EDUCATION
Subchapter J. ACADEMIC ASSOCIATE DEGREE PROGRAMS
Chapter 9.
PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES
Subchapter B. GENERAL PROVISIONS
Subchapter C. PURPOSE, ROLE, AND MISSION
Subchapter D. TRANSFERABLE ACADEMIC COURSES
Subchapter E. CERTIFICATE AND ASSOCIATE DEGREE PROGRAMS
Subchapter F. WORKFORCE CONTINUING EDUCATION COURSES
Subchapter G. CONTRACTUAL AGREEMENTS
Subchapter H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR COLLEGES
Subchapter I. DISTANCE EDUCATION
Subchapter J. ACADEMIC ASSOCIATE DEGREE PROGRAMS
Chapter 10.
INSTITUTIONAL EFFECTIVENESS IN PUBLIC TWO-YEAR COLLEGES
community and
technical
] colleges and other institutions providing certificate or
associate degree programs through an institutional effectiveness process which:
community and technical
] colleges and
other
public
institutions providing certificate or associate degree
programs in achieving their statutory missions; and
community and technical
] colleges in response to
federal and state legislation for higher education, including workforce education
and training;
community
and technical
] colleges and other
public
institutions providing
certificate or associate degree programs to demonstrate that their programs
are developing a well-educated citizenry and highly trained workforce.
community and technical
] colleges and
other
public
institutions providing certificate and associate degree
programs.
/junior
] college district, the technical
college system,
public state college
, public senior college or
university, or other educational agency including but not limited to boards
of directors, boards of regents, boards of trustees, and independent school
district boards.
community and
technical
] colleges and other
public
institutions providing
certificate or associate degree programs that takes into account the resources,
processes, and results of an educational institution and its programs and
services.
(7)
] Standards of operation--The
institutional policies and procedures in place which assist the institution
in delivering quality educational programs. These standards are applicable
to Texas public
two-year
[
community and technical
] colleges
and other
public
institutions providing certificate or associate
degree programs.
(8)
] Institutional services--The
services of an associate degree or certificate-granting institution to promote
student access and achievement, retention, community service efforts, maintenance
of facilities and equipment, quality academic areas, and success in transfer.
(9)
] Programs--All certificate
and associate degree programs. See "Associate degree program" and "Certificate
program."
Subchapter B. GENERAL PROVISIONS
/junior
] colleges that have complied with the provisions
of this subchapter, as well as other rules and regulations of the Board. Only
those institutions which are so certified shall be eligible for and may receive
any appropriation made by the legislature to community[
/junior
]
colleges as prescribed in the Texas Education Code, §130.003.
Chapter 12.
CAREER SCHOOLS AND COLLEGES
Subchapter B. GENERAL PROVISIONS
Subchapter C. ASSOCIATE DEGREE PROGRAMS
Chapter 13.
FINANCIAL PLANNING
subchapter
], shall have the following meanings, unless the context clearly
indicates otherwise.
(3)
] Board or Coordinating Board--The
Texas Higher Education Coordinating Board.
(4)
] Current Operating Funds--Unrestricted
(appropriated) funds, designated funds, restricted funds, and auxiliary enterprise
funds.
(5)
] Functional categories--Instruction,
research, public service, academic support, student service, institutional
support, operation and maintenance of plant, and hospital as defined by NACUBO.
(6)
] General Revenue (GR)--State
tax revenue
(7)
] Governmental Accounting Standards
Board (GASB)--An entity created by the Financial Accounting Foundation to
set accounting standards for governmental entities including public institutions
of higher education.
(8)
] Higher Education Assistance
Fund (HEAF)--A fund established in Article 7
, §17,
of the
Texas
Constitution to fund capital improvements and capital equipment
for institutions not included in the Permanent University Fund.
(9)
] Institutional Funds--Fees,
gifts, grants, contracts, and patient revenue, not appropriated by the legislature.
(10)
] Local Funds--Tuition, certain
fees, and other educational general revenue appropriated by the legislature.
(11)
] National Association of College
and University Business Officers (NACUBO)--Provides guidance in business operations
of higher education institutions.
(12)
] Permanent University Fund
(PUF)--A fund established in Article 7
, §11,
of the
Texas
Constitution to fund capital improvements and capital equipment
at certain institutions of higher education.
Subchapter B. FORMULA FUNDING
inform the public and institutions of those procedures
].
(b)
] directs the Texas
Higher Education Coordinating Board to review and revise formulas for use
of the Governor and the Legislative Budget Board in making appropriations
recommendations.
Texas Education Code, §51.307, authorizes the Board
to implement the provisions of the Texas Success Initiative.
(5)
] The committee shall provide
an opportunity for institutions, the general public and other interested persons
to provide testimony.
(6)
] The committee shall make its
recommendations to the Commissioner no later than the February 1 of the year
following its appointment.
May 30
] of each even-numbered
year.
(5)
] The committee shall provide
an opportunity for institutions, the general public and other interested persons
to provide testimony.
(6)
] The formula advisory committee
may appoint two study committees, one for the instructional and operations
formula and another for the infrastructure formula. The study committees may
include members from the formula advisory committees and other institutional
representatives as appropriate. The infrastructure study committee will include
at least one representative from the Texas State Technical College System
or the two-year colleges in the Texas State University System.
(7)
] The formula study committees
shall make their recommendations to the formula advisory committee no later
than the January 15 of the year following its appointment.
(8)
] The formula advisory committee
shall make its recommendations to the Commissioner no later than the February
1 of the year following its appointment.
May 30
] of each even-numbered
year.
(5)
] The committee shall provide
an opportunity for institutions, the general public and other interested persons
to provide testimony.
(6)
] The formula advisory committee
may appoint two study committees, one for the instructional and operations
formula and another for the infrastructure formula. The study committees may
include members from the formula advisory committees and other institutional
representatives as appropriate.
(7)
] The formula study committees
shall make their recommendations to the formula advisory committee no later
than the January 15 of the year following its appointment.
(8)
] The formula advisory committee
shall make its recommendations to the Commissioner no later than the February
1 of the year following its appointment.
May 30
] of each even-numbered
years.
Subchapter C. BUDGETS
for distribution
to
] the Governor’s Budget and Planning Office, Legislative Budget
Board, and Legislative Reference Library
by December 1 of each fiscal
year
. Copies shall be maintained in the institution’s library.
and
]
.
]
PUF/AUF ] Budget. HEAF ] Budget.
Subchapter D. FINANCIAL REPORTING
Subchapter K. TECHNOLOGY WORKFORCE DEVELOPMENT GRANT PROGRAM
61.942
]
-
51.860
[
61.945
].
the Texas Higher Education Coordinating Board and
] any Texas
institution of higher education seeking funding under this program.
and
]
the evaluation criteria that will be used
by the review panels, and the
award selection criteria that shall be used in funding projects
.
(b)
] In evaluating proposals, reviewers
shall consider the quality of the academic program, placement record for recent
graduates, the feasibility of the institution's plans for increasing enrollments
and graduates, and the cost-effectiveness of those plans.
The review
panels shall deliver a ranked list of competitively selected proposals to
the Commissioner.
(c)
] The advisory committee shall
review the
selections
[
recommendations
] of the reviewers
and
the recommendations of
the staff and make recommendations to
the Board.
A committee member shall publicly disclose any personal, professional,
or private interest in a proposal pending before the committee and shall not
vote or otherwise participate in the decision regarding proposal recommendations.
A committee member shall not be personally involved in handling any proposal,
award, or other matter in which the member, a member's immediate family, a
member's general business partner, or a member's institution has or may have
a financial interest.
(d)
] Any information related to
the evaluation and selection of proposals for the grant awards shall be confidential
unless released by the Board pursuant to Subsections
(f)
[
(e)
] and
(g)
[
(f)
] of this section.
(e)
] Reviews will not be disclosed
to persons outside the Board at any time, except that each project leader
(grant applicant) will receive a copy of the reviewers of his or her proposal
with the names, affiliations, and any other identifying characteristics of
the reviewers redacted; and
(f)
] The names and affiliations
of reviewers will be released as a group, without an identifying link to any
grant application, until after the review process is complete.
(g)
] [
For Fiscal Year 2002,
the Commissioner shall make the grant awards. Thereafter, the Board shall
make grant awards.
] Decisions of the Commissioner/Board are final.
three
] years.
Chapter 25.
OPTIONAL RETIREMENT PROGRAM
Part 2.
TEXAS EDUCATION AGENCY