Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter A. GENERAL PROVISIONS
19 TAC §4.3
The Texas Higher Education Coordinating Board adopts, on
an emergency basis, an amendment to §4.3 concerning an excused absence
from a public institution of higher education for a person called to active
military service. The amendment is adopted on an emergency basis pursuant
to §2001.034 of the Government Code, which allows a state agency to adopt
an emergency rule if a requirement of state or federal law requires adoption
of the rule on less than 30 days notice. The amendment is simultaneously being
proposed for permanent adoption in this issue of the
Texas Register
. Specifically, this amendment is being adopted on an
emergency basis under the provisions of House Bill 1630 of the 79th Texas
Legislature, which added Texas Education Code, §51.9111 and authorized
the Board to implement changes by Fall semester, 2005. This amendment will
provide a way for a student to be assured of an excused absence and a reasonable
amount of time to complete missed assignments and examinations, in order to
be able to complete coursework left pending if the student is called to active
military duty for a brief duration of service. A student called to active
military duty as defined in this section would still be able to withdraw from
coursework, but the change would provide for a student who chooses not to
do so under these specific circumstances.
The amendment is adopted under the Texas Education Code, §2001.034,
which gives the Coordinating Board the authority to adopt an emergency rule
if a requirement of state or federal law requires adoption of the rule on
less than 30 days notice, and Texas Education Code, §51.9111, which authorized
the Coordinating Board to adopt rules concerning excused absences for military
service.
The amendment affects Texas Education Code, §61.002.
§4.3.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (16)
(No change.)
(17)
Active military service--Active
service in the armed forces of the United States or in the National Guard
or the Texas State Guard.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503176
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: August 1, 2005
Expiration Date: November 28, 2005
For further information, please call: (512) 427-6114
19 TAC §4.9
The Texas Higher Education Coordinating Board adopts, on
an emergency basis, new §4.9, concerning an excused absence from a public
institution of higher education for a person called to active military service.
The new section is adopted on an emergency basis pursuant to §2001.034
of the Government Code, which allows a state agency to adopt an emergency
rule if a requirement of state or federal law requires adoption of the rule
on less than 30 days notice. The new section is simultaneously being proposed
for permanent adoption in this issue of the
Texas
Register
. Specifically, this new section is being adopted on an emergency
basis under the provisions of House Bill 1630 of the 79th Texas Legislature,
which added Texas Education Code, §51.9111 and authorized the Board to
implement changes by Fall semester, 2005. This new section will provide a
way for a student to be assured of an excused absence and a reasonable amount
of time to complete missed assignments and examinations, in order to be able
to complete coursework left pending if the student is called to active military
duty for a brief duration of service. A student called to active military
duty as defined in this section would still be able to withdraw from coursework,
but the new rule would provide for a student who chooses not to do so under
these specific circumstances.
The new section is adopted, on an emergency basis under the Texas
Education Code, §2001.034, which gives the Coordinating Board the authority
to adopt an emergency rule if a requirement of state or federal law requires
adoption of the rule on less than 30 days notice, and Texas Education Code, §51.9111,
which authorized the Coordinating Board to adopt rules concerning excused
absences for military service.
The new section affects Texas Education Code, §61.002.
§4.9.Excused Absence for a Person Called to Active Military Service.
(a)
Upon notice from a student required to participate in active
military service, an institution shall excuse a student from attending classes
or engaging in other required activities, including examinations.
(b)
A student shall not be penalized for an absence which is
excused under this subsection and shall be allowed to complete an assignment
or take an examination from which the student is excused within a reasonable
time after the absence.
(c)
Each institution shall adopt a policy under this subsection
which includes:
(1)
the retention of a student’s course work completed
during the portion of the course prior to the student being called to active
military service;
(2)
the course syllabus or other instructional plan, so that
the student will be able to complete the course without prejudice and under
the same course requirements that were in effect when the student enrolled
in the course;
(3)
a definition of a reasonable time after the absence for
the completion of assignments and examinations;
(4)
procedures for failure of a student to satisfactorily complete
the assignment or examination within a reasonable time after the absence;
and
(5)
an institutional dispute resolution process regarding the
policy.
(d)
The maximum period for which a student may be excused under
this section shall be no more than 25% (twenty-five percent) of the total
number of class meetings (not including the final examination period) for
the specific course or courses in which the student is currently enrolled
at the beginning of the period of active military service.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503178
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: August 1, 2005
Expiration Date: November 28, 2005
For further information, please call: (512) 427-6114
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
19 TAC §21.122, §21.124
The Texas Higher Education Coordinating Board adopts, on
an emergency basis, amendments to §21.122 and §21.124, concerning
initial eligibility for the Texas B-On-Time Loan Program.
The amendments to the sections are adopted on an emergency basis pursuant
to §2001.034 of the Government Code, which allows a state agency to adopt
an emergency rule if a requirement of state or federal law requires adoption
of the rule on less than 30 days notice. The amendments are simultaneously
being proposed for permanent adoption in this issue of the
Texas Register
. The amendments extend the residency requirement in
the Texas B-On-Time Loan Program to include military dependents that are entitled
to pay resident tuition rates. Currently, loan eligibility is limited to students
who are Texas residents and who graduated from a Texas high school. The amendments
provide that a military dependent who graduated from a Department of Defense
high school not earlier than the 2002 - 2003 school year and who, at the time
of graduation, was a dependent of a member of the U.S. armed forces, is eligible
for the Texas B-On-Time Loan.
The amendments are adopted, on an emergency basis, under the
Texas Education Code, §§56.451 - 56.465, which provide the Coordinating
Board authority to establish procedures to administer this program; the Texas
Education Code, §61.027, which provides the Coordinating Board authority
to adopt rules to effectuate the provisions of the Texas Education Code. Section
54.053 states that the governing board of each institution required to charge
a nonresident tuition fee, is subject to the rules, regulations, and interpretations
issued by the Coordinating Board.
The amendments affect the Texas Education Code, §§56.451 - 56.465.
§21.122.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (4)
(No change.)
(5)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B, of this title (relating
to Determining Residence Status). Nonresident students eligible to pay resident
tuition rates are not included
unless they qualify as eligible nonresidents
under §21.124(a)(1) of this title (concerning Initial Eligibility for
Loans)
.
§21.124.Initial Eligibility for Loans.
(a)
The Commissioner may authorize Texas B-On-Time Loans to
students at any eligible institution which certifies that the student:
(1)
is a resident of Texas as defined in these rules
or beginning with the 2005-2006 academic year, be entitled, as a child of
a member of the armed forces of the United States, to pay tuition at the rate
provided for residents of this state under Texas Education Code §54.058
;
and
(2)
meets one of the following academic requirements:
(A)
graduated not earlier than the 2002 - 2003 school
year under the Recommended or Advanced High School Program from a public or
accredited private high school in Texas [
(B)
beginning with the 2005 - 2006 academic
year, graduated not earlier than the 2002 - 2003 school year from a high school
operated by the United States Department of Defense and at the time of graduation
was a dependent child of a member of the armed forces of the United States;
or
(C)
received an associate degree from an eligible
institution not earlier than May 1, 2005;
(3) - (5)
(No change.)
(b) - (c)
(No change.)
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503170
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective Date: August 1, 2005
Expiration Date: November 28, 2005
For further information, please call: (512) 427-6114
Chapter 21.
STUDENT SERVICES
or received an associate degree
from an eligible institution not earlier than May 1, 2005
];
Subchapter CC. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM