Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter E. EMPLOYEE SCHOLARSHIPS
19 TAC §§1.116 - 1.120
The Texas Higher Education Coordinating Board adopts new §§1.116
- 1.120 concerning Employee Scholarships without changes to the proposed text
as published in the June 3, 2005, issue of the
Texas
Register
(30 TexReg 3189). Specifically, these new sections encourage
the professional development of employees through education and training under
the State Employees Training Act, Government Code, Chapter 656, Subchapter
C. This subchapter governs the eligibility of employees for participation
in the program and the operation of the program. These programs are designed
to increase the job potential of employees, provide financial assistance for
the pursuit of higher education, and introduce new technology and educational
methods into the workplace.
No comments were received regarding the new sections.
The new sections are adopted under the State Employees Training
Act, Texas Government Code, §§656.041 - 656.105, which governs the
eligibility of employees for participation in the program and the operation
of the program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503160
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: June 3, 2005
For further information, please call: (512) 427-6114
Subchapter E. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES
19 TAC §§4.101 - 4.108
The Texas Higher Education Coordinating Board adopts the
repeal of §§4.101 - 4.108 concerning the applicability of Board
rules to extension and out-of-state courses and programs, without changes
to the proposed text as published in the May 6, 2005, issue of the
Texas Register
(30 TexReg 2635). Specifically, these rules are being
repealed in order that new sections being adopted simultaneously may address
issues of organization and clarity.
No comments were received regarding the repeal of these sections.
The repeals are adopted under the Texas Education Code, §61.027,
which gives the Coordinating Board 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 approve off-campus
courses for credit offered by public institutions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503158
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 427-6114
19 TAC §§4.101 - 4.108
The Texas Higher Education Coordinating Board adopts new §§4.101
- 4.108 concerning the applicability of Board rules to extension and out-of-state
courses and programs, with changes to the proposed text as published in the
May 6, 2005, issue of the
Texas Register
(30
TexReg 2636). Specifically, these new sections specify that extension (non-formula-funded)
courses are subject to Board rules, as are courses and programs offered by
Texas public institutions outside the state and country. Correspondence courses
are brought under these rules and may now be funded through state formula
or extension charges. The adopted rules will ensure that all these courses
and programs meet quality standards and that these offerings do not negatively
affect on-campus courses and programs. The new sections also remove from the
definition of distance education the restriction that the courses be taken
by students away from a senior institution’s main campus or outside
the taxing district of a community college.
The following comments were received regarding the new sections:
Comment: Texas A&M University commented that it was unclear whether
Study-Abroad and Study-in-America courses were types of off-campus course.
Response: The Board agrees and has clarified language in §4.103(34)
and (35) to indicate that they are considered off-campus courses.
Comment: Texas A&M University commented that the definition of "course"
seemed redundant with "academic credit course."
Response: The Board agrees that the definition of "course" in §4.103(7)
be deleted.
Comment: Texas A&M University commented that the change in definition
of "out-of-country" course might cause confusion and asked that a reference
or pointer to "Study-Abroad" which replaced that term be included in the definition.
Response: The Board disagrees and has determined that greater confusion
could be caused by including former terms in new definitions and declined
to include a pointer in §4.103(26). No changes were made as a result
of this comment.
Comment: Texas A&M University requested the definition of first-professional
degrees include an enumeration of disciplines.
Response: The Board agrees and has added examples to the definition in §4.103(14)(C)
but not a complete enumeration which would require updating if new first-professional
degrees were created.
Comment: Texas A&M University commented that the term "peer institution"
as used in the proposed rules does not match conventional usage of that term.
Response: The Board agrees and has deleted the definition for "peer institution"
in §4.103(27), added a definition for "area institutions" in §4.103(2),
and substituted the term "area institutions" for "peer institutions" in §4.107(b)(3).
Comment: Texas A&M University requested clarification of whether "workforce
continuing education courses" mentioned in the rules could be offered by universities.
Response: The Board agrees and has modified the definition in §4.103(36)
to restrict the term as used in these rules to "workforce continuing education
courses" offered by community and technical colleges.
Comment: Texas A&M University noted that reporting of data on extension
offering and students could be required under these rules and asked about
reporting guidelines.
Response: The Board agrees that rules do permit the Coordinating Board
to request reporting on extension programs. Any new reporting requirements
developed would be discussed with institutions before their implementation.
No changes were made as a result of this comment.
Comment: Texas A&M University asked whether out-of-country students
who are not regularly enrolled students and who are taking Study-Abroad courses
would be considered extension students.
Response: Extension students and their enrollments could not be submitted
for formula funding. No changes were made as a result of this comment.
Comment: Texas A&M University asked whether these rules would apply
to academic credit courses taught jointly by Texas A&M University and
a Texas A&M agency, but not to continuing education courses taught solely
by Texas A&M agencies.
Response: These rules would apply to jointly taught courses but not to
continuing education offerings of the Texas A&M agencies. No changes were
made as a result of this comment.
Comment: Texas A&M University asked whether the "peer institution"
notification requirement mentioned in §4.107(c)(1) applied to Study-Abroad
and Study-in-America courses.
Response: The Board has determined that the sentence requiring "peer institution"
notification was not needed because the prior sentence provides that specific
notification requirements be spelled out in provisions to be developed by
the Commissioner. Section 4.107(c)(1) was changed to delete this sentence.
Comment: Texas A&M University commented that study aboard students
might not have access to traditional library recourses as mentioned in §4.107(c)(7)(H).
Response: The Board agrees that the list of academic support services are
examples of types of services and §4.107(c)(7)(H) was changed.
The new sections are adopted under the Texas Education Code, §61.027,
which gives the Coordinating Board 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 approve off-campus
courses for credit offered by public institutions.
§4.101.Purpose.
This subchapter provides guidance to all public institutions of higher
education in Texas regarding the delivery of distance education, off-campus,
and on-campus extension courses and programs. The Board's goals are to ensure
the quality of these courses and programs and to provide Texas residents with
access to distance education, off-campus, and extension courses and programs
that meet their needs. The rules are designed to assure the adequacy of the
technical and managerial infrastructures necessary to support these courses
and programs.
§4.102.Authority.
Authority for these provisions is provided by Texas Education Code, §61.051(j),
which provides the Board with the authority to approve courses for credit,
distance education, and extension programs.
§4.103.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Academic credit course--A college-level course that, if
successfully completed, can be applied toward the number of courses required
for achieving a degree, diploma, certificate, or other formal award.
(2)
Area institution--A university, health-related institution,
independent institution, or higher education center which is within a 50-mile
radius of a proposed off-campus instruction site.
(3)
Board--The Texas Higher Education Coordinating Board.
(4)
Commissioner of Higher Education or Commissioner--The chief
executive officer of the Texas Higher Education Coordinating Board.
(5)
Community College--Any 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.
(6)
Continuing Education Unit or CEU--Ten contact hours of
participation in an organized educational experience under responsible sponsorship,
capable direction, and qualified instruction and not offered for academic
credit.
(7)
Correspondence course--An academic credit course delivered
through distance education that is either paper-based or electronic and that
is largely self-paced.
(8)
Degree--Any title or designation, mark, abbreviation, appellation,
or series of letters or words, including "associate", "bachelor's", "master's",
and "doctor's" and their equivalents and foreign cognates, which signifies
satisfactory completion of the requirements of a program of study which is
generally regarded and accepted as an academic degree-level program by accrediting
agencies recognized by the Board.
(9)
Distance education course--Course in which the majority
of the instruction occurs when the students and instructor are not in the
same physical setting. A course is considered to be offered by distance education
if students receive more than one-half of the instruction at a different location
than the instructor. A distance education course can be delivered synchronously
or asynchronously to any single or multiple location(s) through electronic,
correspondence, or other means. The course may be formula-funded or offered
through extension, and it may be delivered to on-campus students and those
who do not take courses on the main campus.
(10)
Distance education degree or certificate program--A program
in which a student may complete more than one-half of the semester credit
hours required for the program through any combination of electronic and off-campus
delivery methods.
(11)
Electronic delivery--A mode of delivery for distance education
courses and programs using electronic telecommunication technology systems.
(12)
Extension courses and programs--Academic credit courses
and programs delivered face-to-face or by distance education, including correspondence,
whose semester credit hours are not submitted for formula funding. Face-to-face,
academic credit extension courses and programs may be delivered on-campus
or off-campus. This term does not apply to courses and programs delivered
by community colleges to an extension center or extension facility unless
the semester credit hours in the courses are not formula funded.
(13)
Extension Center or Extension Facility--Any single or
multiple locations other than the main campus of a community college district
and outside the boundaries of the taxing authority of a community college
district.
(14)
First-Professional Degree--An award that requires completion
of a program that meets all of the following criteria:
(A)
completion of the academic requirements to begin practice
in the profession;
(B)
at least 2 years of college work prior to entering the
program; and
(C)
a total of at least 6 academic years of college work to
complete the degree program, including prior required college work plus the
length of the professional program itself. First-Professional degrees are
discipline-specific, including, but not limited to, degrees such as: Dentistry
(D.D.S. or D.M.D.); Medicine (M.D.); Veterinary Medicine (D.V.M.); Law (L.L.B,
J.D.); and Pharmacy (PharmD).
(15)
Formula funding--The method used to allocate appropriated
sources of funds among institutions of higher education.
(16)
Formula-funded course--An academic credit course delivered
face-to-face or by distance education, including correspondence, whose semester
credit hours are submitted for formula funding.
(17)
Governing board--The body charged with policy direction
of any public community college district; the technical college system; public
state college; public senior college, university, or health-related institution;
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.
(18)
Institution of higher education or Institution--Any public
technical institute, public community college, public senior college or university,
medical or dental unit, or other agency of higher education as defined in
Texas Education Code, §61.003.
(19)
Higher education center--A Multi-Institutional Teaching
Center, University System Center, or single institution center established
by the Legislature or approved by the Board for the specific purpose of offering
upper-division and graduate academic credit courses and programs from the
parent institution(s). Higher education centers are of a larger size and offer
a broader array of courses and programs than higher education teaching sites.
They have minimal administration and (usually) locally provided facilities.
(20)
Higher education teaching site--An off-campus, upper-division
and graduate teaching location that promotes access in an area not served
by other public universities. Teaching sites offer a very limited array of
courses and/or programs and do not entail a permanent commitment for continued
service. Institutions do not own the facilities for teaching sites nor do
they receive state support to acquire or build facilities for them. Board
approval or recognition is not required.
(21)
Private or independent institution of higher education
or Independent Institution--A private or independent college or university
as defined in the Texas Education Code, §61.003(15).
(22)
Institutional Report--A report describing distance education
and off-campus instruction delivered for academic credit.
(23)
Main campus--The headquarters of an institution and the
location where the principal or chief executive's offices are located, also
referred to as on-campus.
(24)
Off-campus course--Course in which one-half or more of
the instruction is delivered with the instructor and student in the same physical
location and which meets one of the following criteria: for public senior
colleges and universities, Lamar state colleges, or public technical colleges,
off-campus locations are locations away from the main campus; for public community
colleges, off-campus locations are sites outside the taxing district. The
course may receive formula-funding or be given by extension.
(25)
Off-campus degree or certificate program--A program for
which a student may complete more than one-half of the required credit hours
by taking off-campus courses.
(26)
Out-of-state/out-of-country courses and programs--Academic
credit courses and programs delivered outside Texas to individuals or groups
who are not regularly enrolled, on-campus students. Out-of-state and out-of-country
courses do not receive formula funding and are a type of academic credit extension
offering. They may be offered through distance education or face-to-face instruction.
(27)
Program or Program of study--Any grouping of courses which
are represented as entitling a student to a degree or certificate.
(28)
Public health-related institution or Health-related institution--a
medical or dental unit as defined by the Texas Education Code, §61.003(5).
(29)
Public university or University--a general academic teaching
institution as defined by the Texas Education Code, §61.003(3).
(30)
Regional Council--A cooperative arrangement among representatives
of all public, private or independent institutions of higher education within
a Uniform State Service Region, as established under Texas Education Code, §51.662.
(31)
Regular on-campus student--A student who is admitted to
an institution, the majority of whose semester credit hours are reported for
formula funding, and whose coursework is primarily taken at an institution’s
main campus.
(32)
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.
(33)
Service area--The territory served by a community college
district as defined in Texas Education Code, §130.161.
(34)
Study-in-America courses--Off-campus, academic credit
instruction which is delivered outside Texas but in the United States primarily
to regular on-campus students.
(35)
Study-Abroad courses--Off-campus, academic credit instruction
which is delivered outside the United States primarily to regular on-campus
students.
(36)
Workforce continuing education course--A course of ten
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
with an occupationally specific objective and supported by state appropriations.
Workforce continuing education courses are offered by community and technical
colleges and differs from a community service course which is not eligible
for state reimbursement and is offered for recreational or avocational purposes.
§4.104.General Provisions.
(a)
This subchapter governs the following types of instruction
offered by institutions of higher education:
(1)
Academic credit courses, degree and certificate programs,
and formula-funded workforce continuing education provided by a community
college through distance education or outside of the boundaries of its taxing
district through off-campus instruction;
(2)
Academic credit courses, and degree and certificate programs
provided by a senior college or university or health-related institution through
distance education; off-campus instruction; or on-campus, off-campus or electronic
extension;
(3)
Academic credit courses, degree and certificate programs,
and formula-funded workforce continuing education provided by a public technical
college or Lamar state college through distance education or off-campus instruction;
(4)
Academic credit courses and programs offered outside Texas
by institutions of higher education, including Study-Abroad, Study-in-America,
out-of-state, and out-of-country courses;
(5)
Extension courses and programs that are offered through
distance education or off-campus instruction are covered under this subchapter's
provisions concerning distance education or off-campus instruction, even though
they may not be submitted for formula funding.
(b)
This subchapter does not apply to the following types of
instruction:
(1)
Non-credit adult and continuing education courses provided
through distance education, off-campus delivery, or given by on-campus extension
by a senior college or university or health-related institution;
(2)
Continuing education, except formula-funded workforce continuing
education, provided by community colleges, Lamar state colleges, and public
technical colleges.
§4.105.Functions of Regional Councils.
(a)
Universities, health-related institutions, public technical
colleges, and Lamar state colleges shall submit for Regional Council review
all off-campus lower-division courses proposed for delivery to sites in the
Council's Service Region.
(b)
Public community colleges shall submit for the appropriate
Regional Council's review all off-campus lower-division courses proposed for
delivery to sites outside their service areas.
(c)
In the event of a dispute arising from electronic delivery
of lower-division courses, any institution party to the disagreement may appeal
first to the Regional Council, and then to the Commissioner and the Board.
(d)
Regional Councils in each of the ten Uniform State Service
Regions shall make recommendations to the Commissioner and shall resolve disputes
regarding plans for lower-division courses and programs proposed by public
institutions.
(e)
Each Regional Council shall make recommendations to the
Commissioner regarding off-campus courses and programs proposed for delivery
within its Uniform State Service Region in accordance with the consensus views
of Council members, except for courses and programs proposed to be offered
by public community colleges in their designated service areas.
(f)
Regional Councils shall advise the Commissioner on appropriate
policies and procedures for effective state-level administration of off-campus
lower-division instruction.
§4.106.Institutional Report for Distance Education, Off-Campus Instruction, and On-Campus Extension Programs.
(a)
Prior to offering any distance education, off-campus, or
on-campus extension courses or programs for the first time, institutions of
higher education shall submit an Institutional Report for Distance Education,
and Off-Campus and On-Campus Extension Instruction to the Board for approval.
The Commissioner shall provide guidelines for development of the report and
a schedule for periodic submission of updated reports.
(b)
Institutional academic and administrative policies shall
reflect a commitment to maintain the quality of distance education, off-campus,
and on-campus extension courses and programs in accordance with the provisions
of this subchapter. An Institutional Report shall conform to Board guidelines
and criteria of the Commission on Colleges of the Southern Association of
Colleges and Schools in effect at the time of the Report 's approval. These
criteria shall include provisions relating to:
(1)
Institutional Issues;
(2)
Educational Programs;
(3)
Faculty;
(4)
Student Support Services; and
(5)
Distance Education Facilities and Support.
§4.107.Standards and Criteria for Distance Education, Off-Campus Instruction, and On-Campus Extension Courses and Programs.
(a)
The following provisions apply to all programs and courses
covered under this subchapter, unless otherwise specified:
(1)
Each course and program offered under the provisions of
this subchapter shall be within the role and mission of the institution responsible
for offering the instruction. Each course shall be on the offering institution's
inventory of approved courses, and each program shall be on the offering institution's
inventory of approved programs.
(2)
Prior approval may be required before an institution may
offer courses and programs under the provisions of this subchapter in certain
subject area disciplines or under other conditions specified by the Board
or Commissioner.
(3)
The Commissioner shall establish procedures governing the
quality, review and approval of distance education, off-campus, and on-campus
extension courses and programs.
(4)
The Commissioner may require institutions to provide special
reports on distance education, off-campus, out-of-state/country, and on-campus
extension courses and programs.
(b)
The following provisions apply to all programs covered
under this subchapter, unless otherwise specified:
(1)
An institution shall not offer doctoral or first-professional
degree programs by distance education, off-campus, and/or on-campus extension
instruction without specific prior approval by the Board. The Commissioner
may approve for delivery to other off-campus sites or by other delivery modes
doctoral and special professional degree programs that have previously been
approved by the Board for electronic or off-campus delivery.
(2)
An institution offering a degree or certificate program
under the provisions of this subchapter shall comply with relevant procedures
and rules of the appropriate regulatory or accrediting agency or professional
certification board.
(3)
Each degree program offered by distance education, off-campus
instruction, or on-campus extension shall be approved by an institution's
governing board. A certification concerning each of these degree programs
shall be submitted to the Board. The certification shall be provided in accordance
with provisions and schedules determined by the Commissioner. For baccalaureate
and graduate off-campus programs and for on-campus extension programs, the
parent institution shall notify all potentially affected area institutions
as determined by the Commissioner.
(4)
Institutions shall require that students (except for students
in out-of-country programs) enrolled in a distance education, off-campus,
or on-campus extension degree program satisfy the same requirements for admission
to the institution and the program as required of regular on-campus students.
Students in degree programs to be offered collaboratively shall meet the admission
standards of their home institution. Out-of-country students shall meet equivalent
standards for admission into programs.
(c)
The following provisions apply to all courses covered under
this subchapter, unless otherwise specified:
(1)
Except for out-of-state/country courses, institutions shall
provide notification of each course offered by distance education, off-campus,
or on-campus extension instruction under the provisions of this subchapter
in accordance with provisions and schedules determined by the Commissioner.
(2)
Institutions shall report distance education and off-campus
courses submitted for formula funding in accordance with the Board's uniform
reporting system and the reporting provisions of this subchapter.
(3)
Institutions may submit for formula funding the following
types of academic credit courses: distance education courses delivered to
Texas and non-Texas residents located on-campus or at another location in
Texas, distance education courses delivered to Texas residents located out
of state or out of country; Study-Abroad courses, and Study-in-America courses.
(4)
Institutions shall not submit the following types of courses
for formula funding:
(A)
distance education courses taken by non-resident students
who are located out of state or out of country,
(B)
courses in out-of-state or out-of-country programs, as
defined above, taken by any student, or
(C)
extension courses.
(5)
For courses not eligible to be submitted for formula funding,
institutions shall charge fees that are equal to or greater than Texas resident
tuition and applicable fees, and that are sufficient to cover the total cost
of instruction and overhead, including administrative costs, benefits, computers
and equipment, and other related costs.
(6)
Study-in-America and Study-Abroad courses offered by institutions
of higher education, or by an approved consortium composed of Texas public
institutions, shall be approved by the Commissioner in order for the semester
credit hours or contact hours generated in those courses to receive formula
funding. The Commissioner shall develop procedures and standards for Study-in-America
and Study-Abroad offerings.
(7)
All courses covered under this subchapter shall meet the
quality standards applicable to on-campus courses. They shall also adhere
to the following guidelines and standards:
(A)
Courses which offer either academic credit or Continuing
Education Units shall do so in accordance with the standards of the Commission
on Colleges of the Southern Association of Colleges and Schools.
(B)
Except for students in out-of-country courses, students
shall satisfy the same requirements for enrollment in an academic credit course
as required of on-campus students. Out-of-country students shall be assessed
for academic guidance purposes.
(C)
Faculty shall be selected and evaluated by equivalent standards,
review, and approval procedures used by the institution to select and evaluate
faculty responsible for on-campus courses.
(D)
Institutions shall provide training and support to enhance
the added skills required of faculty teaching courses through electronic means.
(E)
The instructor of record shall bear responsibility for
the delivery of instruction and for evaluation of student progress.
(F)
Faculty for graduate-level courses shall be approved in
the same manner as graduate faculty for on-campus courses.
(G)
All courses shall be appropriately integrated with the
entity or entities administering the corresponding on-campus courses. The
supervision, monitoring, and evaluation processes for instructors shall be
equivalent to those for on-campus courses.
(H)
Students shall be provided academic support services appropriate
for distance education and off-campus learners, such as academic advising,
career counseling, library and other learning resources, and financial aid.
(I)
Facilities (other than homes as distance education reception
sites) shall be comparable in quality to those for on-campus courses.
(J)
Institutions shall adhere to additional criteria outlined
in the Guidelines for Institutional Reports for Distance Education and Off-Campus
Instruction.
§4.108.Non-Formula-Funded (Extension) Course and Program General Provisions.
(a)
Institutions shall not submit non-state-funded lower-division
credit courses to Regional Councils.
(b)
Institutions shall not submit distance education courses
delivered outside the state to non-Texas residents for formula funding.
(c)
The Commissioner shall develop standards for institutions
offering out-of-state/country courses and programs.
(d)
Institutions shall not jeopardize or diminish the status
of formula-funded on-campus courses and programs in order to offer extension
courses. Extension courses shall not be a substitute for offering a sufficient
number of formula-funded on-campus courses.
(e)
Institutions shall report fees received for extension and
out-of-state/country courses in accordance with general institutional accounting
practices.
(f)
Institutions shall report enrollments, courses and graduates
associated with extension offerings as required by the Commissioner.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503157
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 427-6114
19 TAC §§4.151 - 4.161
The Texas Higher Education Coordinating Board adopts new §§4.151
- 4.161 concerning Early College High Schools with changes to the proposed
text as published in the June 3, 2005 issue of the
Texas Register
(30 TexReg 3190). Specifically, these new sections will
provide appropriate oversight by the Board of Early College High Schools (ECHS)
by requiring notification of intent to develop an ECHS entity; assessment
of students; appropriate faculty selection, supervision, and evaluation; oversight
of curricula; transcripting of credit; program evaluation; funding; and removal
of dual credit restrictions.
The following comments were received regarding the new sections:
Comment: Tarleton State University asked if there is an existing agreement
with a high school, does that agreement now need to include freshman and sophomore
students?
Response: No, these rules apply only to Early and Middle Colleges, not
to ordinary dual credit students or agreements. No changes were made as a
result of this comment.
Comment: Tarleton State University asked if they can continue the current
program without creating an Early College?
Response: Yes. No changes were made as a result of this comment.
Comment: Tarleton State University asked if they needed permission from
Ranger College to do dual credit in Stephenville High School since this is
in the service area of Ranger College. Do they need continued permission
from Ranger College?
Response: Check with Higher Education Regional Council (HERC) for that
area. Even if continued permission isn’t required, it is a good
idea to notify HERC annually of intent to continue the dual credit arrangement.
No changes were made as a result of this comment.
Comment: Tarleton State University asked if they create an Early College
then can they work with any high school regardless of the service area issue?
Response: No, creating an Early College does not remove your obligation
to work in cooperation with your HERC. No changes were made as a result of
this comment.
Comment: Tarleton State University asked how do they deal with home-schooled
or private school students who might request dual credit?
Response: As much as is practical and feasible, institutions should treat
home-schooled and private school students the same as they would public school
students. This means hold them to the same standards, apply the same
policies, etc. No changes were made as a result of this comment.
Comment: The University of Texas at Tyler commented that, in general, they
do not endorse dual credit courses, except for students with exceptional ability. Certainly,
the current two-dual-credit-course limit is already overly generous. It
should not be removed. Students should be taking much stronger, in-depth
high school courses, rather than going to junior college their senior year. If
it is possible for more than a handful of high school students to take college
English and math their senior year, then that is an indictment of the of the
dual credit process.
Response: These rules do not apply to the ordinary dual credit high school
student, but rather only to a new and relatively small group of Texas students:
those enrolled in special academies called Early College High Schools or Middle
Colleges. Therefore, the concern that the current two-course limit for
dual credit students is being removed is misplaced. That limit will
remain for regular high school students in Texas taking dual credit courses.
These new rules will allow Early College High Schools and Middle Colleges
the flexibility to provide innovative and unique curricula to their students
through a pilot program. No changes were made as a result of this comment.
Comment: One commenter asked that Preliminary SAT be removed as one of
the instruments that an Early/Middle College could use to satisfy Texas Success
Initiative requirements. The reason is because the PSAT has not been Board-approved
for that use, and the Board does not have cut-off scores to determine college-readiness
for the PSAT.
Response: The Board changed §4.155 by removing reference to Preliminary
SAT scores.
Comment: The Texas Education Agency (TEA) commented that there is
no statement in the proposed rules that the current rules on dual credit do
not apply to these students [in Early College High Schools/Middle Colleges].
The TEA suggested that some language of that nature may need to be inserted,
so there is no confusion about which rules apply.
Response: The Board changed §4.161 to make it clear that students
in these new educational institutions are not bound by the dual credit rules
for regular high school students.
Comment: Northeast Texas Community College asked to postpone consideration
of the rule change proposal to allow for sufficient time for review by faculty.
The current rules, once adopted, will significantly impact the decision community
colleges make on implementing Early College High School/Middle Colleges on
their campuses. In order for these initiatives to be successful they
must have the "buy-in" of the college faculty. The 30-day comment period
of June 3 - July 3, by the nature of higher education schedules, omits a significant
portion of faculty comments. We believe that it is absolutely critical
to allow faculty to comment on issues directly impacting instructional delivery,
and quite possibly imposing significant curriculum changes.
Response: While the Coordinating Board values the input of faculty and
administrators, delaying the consideration and implementation of these rules
would create difficulties for the institutions already involved in the pilot
project for Early College High Schools/Middle Colleges (ECHS/MC). The proposed
rules need to be in place to provide operational guidelines for those ECHS/MC
entities that will already be enrolling and educating students in the Fall
2005 term. Any feedback provided to Coordinating Board staff before or after
consideration of the ECHS/MC rules will be taken into account for future revisions
of those rules. No changes were made as a result of this comment.
Comment: The University of Houston System commented that they believe it
is important that the review of the proposed partnership be examined in light
of the current dual credit program to ascertain that the same standards are
required of ECHS programs as dual credit. The proposed rules allow ECHS/MC
students to obtain up to 2 years college credit, and to earn dual credit as
freshmen and sophomores: consider the advisability of this arrangement. It
is not clear if ECHS/MC entities must comply with current dual credit rules.
It appears that that the ECHS/MC is meant to be separate and different from
the traditional dual credit arrangement. It would be helpful if the Rules
for the ECHS/MC could be written with the same level of specificity as the
dual credit rules and accompanied by a statement early in the rules that distinguishes
the ECHS/MC programs from the dual credit programs. Greater clarity would
facilitate development of the new proposed program design should it be approved
for implementation.
Response: The proposed rules would allow ECHS/MC students to obtain up
to 2 years of college credit in order to comply with the enabling legislation,
which required the ECHS/MC to "allow a participating student to complete high
school and receive at least a high school diploma and associate degree at
the time of graduation." Working in consultation with legislative staff and
the Texas Education Agency, Coordinating Board staff also decided to allow
qualifying ECHS/MC students to begin dual credit during their freshmen and
sophomore years, because completing high school requirements and obtaining
an associate degree by the time of graduation would be much more feasible
if students could begin the college-level work earlier in their high school
programs. ECHS/MC schools are not bound by the current dual credit rules,
and are separate and different from the traditional dual credit arrangements.
Finally, Coordinating Board staff formulated the ECHS/MC rules in order to
allow for flexibility and innovation. Greater specificity in these rules will
be possible in the future, once reporting data from the ECHS/MC schools is
received and analyzed, and the statewide ramifications of the ECHS/MC pilot
program have been considered. No changes were made as a result of these comments.
The new sections are adopted under the Texas Education Code, §§61.027,
61.076, 130.001(b)(3)- (4), 130.008, and 130.090 which provides the Coordinating
Board with authority to regulate courses and programs offered by public institutions
of higher education in cooperation with secondary schools.
§4.151.Purpose.
The purpose of this subchapter is to provide appropriate oversight
by the Board for public colleges or universities to engage in early college
high schools or middle colleges.
§4.152.Authority.
Texas Education Code, §§61.076, 130.001(b)(3) - (4), 130.008,
and 130.090 provide the Board with the authority to regulate courses and programs
offered by public institutions of higher education in cooperation with secondary
schools.
§4.153.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Assessment--The criterion-referenced assessment instruments
adopted by the Board to assess a student's readiness to enroll in college-level
coursework or curricula.
(2)
Board--The Texas Higher Education Coordinating Board.
(3)
Colleges or Universities, or C/U--Texas public two-year
colleges or public universities.
(4)
Commissioner--The Commissioner of Higher Education.
(5)
Early College High School or Middle College, or ECHS/MC--The
institution or entity that provides the outreach, curricula, and student learning
and support programs for students who attain the Recommended or Advanced High
School Program diploma and up to two years of college credit simultaneously.
(6)
Recommended or Advanced High School Program--The curriculum
specified in the Texas Education Code, §28.025, and the rules promulgated
there under by the State Board of Education.
§4.154.Notification of Institutional Intent to Develop an Early College High School/Middle College Entity.
Texas public colleges and universities (C/U) are eligible to enter
into agreements with Texas public schools to create an ECHS/MC. Any C/U that
participates in the creation of an ECHS/MC shall notify the Board in accordance
with provisions and schedules determined by the Commissioner.
§4.155.Student Eligibility.
(a)
An ECHS/MC shall assess each student for readiness to engage
in any college-level curriculum offered for college credit prior to the student's
enrollment in such curriculum.
(b)
For this assessment, an ECHS/MC may use any instrument
otherwise approved by the Board for Texas Success Initiative purposes in accordance
with § 4.54 (relating to Exemptions/Exceptions) and § 4.56 (relating
to Assessment Instrument) of this title including, but not limited to, Texas
Assessment of Knowledge and Skills (TAKS) scores, ACT scores, and SAT scores.
(c)
After assessment, the ECHS/MC, using guidelines established
by the C/U, shall determine what forms of assistance and remediation, if any,
are necessary prior to a student's enrollment in any college-level curriculum
based on the results of the assessment and other indicators of student readiness.
§4.156.Faculty Selection, Supervision, and Evaluation.
(a)
The C/U shall select instructors of all college-level curricula
offered for college credit in an ECHS/MC. These instructors must be regularly
employed faculty members of the C/U or meet the same standards, including
but not limited to, minimal requirements of the Commission on Colleges of
the Southern Association of Colleges and Schools.
(b)
The C/U shall supervise and evaluate instructors of college-level
curricula offered for college credit using the same or comparable procedures
used for faculty at the C/U.
§4.157.Course Curriculum, Instruction, and Grading.
The C/U shall ensure that curricula offered for college credit and
comparable courses offered by the C/U are equivalent with respect to the curriculum,
materials, instructional activity, and method/rigor of evaluation of student
performance.
§4.158.Transcripting of Credit.
The C/U shall determine when the college credit for each ECHS/MC student
should appear on the C/U transcript.
§4.159.Evaluation and Accountability.
Each ECHS/MC and sponsoring C/U shall be responsible for the development
and implementation of an evaluation process to determine the effectiveness
of the ECHS/MC. Measures of effectiveness shall include, but are not limited
to, student results on the K-12 accountability assessments (e.g., TAKS) and
success indicators of graduates at Texas public institutions of higher education
(e.g., participation rates, grade point average, retention rates, and graduation
rates).
§4.160.Funding.
(a)
State funding for high school and college credit will be
available to the public school district and the C/U based on the current funding
rules of the State Board of Education and the Board.
(b)
The C/U may claim funding for all ECHS/MC students receiving
college credit.
§4.161.Exemption from Certain Dual Credit Restrictions.
A student enrolled in ECHS/MC may enroll in more than two dual credit
courses per semester, and may enroll in dual credit coursework with freshman,
sophomore, junior, or senior high school standing.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503159
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: June 3, 2005
For further information, please call: (512) 427-6114
Subchapter K. REPORTS
19 TAC §17.101
The Texas Higher Education Coordinating Board adopts an amendment
to §17.101 concerning Campus Planning with changes to the proposed text
as published in the June 3, 2005 edition of the
Texas Register
(30 TexReg 3191). Specifically, this amendment would
change the required date concerning certification of the facilities inventory
from December 15 of each year to November 1 of each year. This revision to
the rules is necessary to accommodate the accountability system reports that
will be presented to the Board at its January 2006 meeting.
No comments were received regarding the amendment.
The amendment is adopted under the Texas Education Code, Section
61.027, which provides the Board with the authority to adopt rules, and Texas
Education Code, Section 61.0572.
§17.101Institutional Reports
Institutions of higher education shall submit current data to the Board
for the following reports:
(1)
Facilities Inventory.
(A)
Periodic Review. Institutions shall report a record of
all property, buildings, and rooms occupied or in the control of an institution
in a format specified by the Board.
(i)
The inventory of facilities shall be updated on an ongoing
basis.
(ii)
The inventory is subject to periodic audits.
(iii)
The inventory shall be certified by the institution annually
on or before November 1, or as specified by the Board.
(B)
Use. The Board shall use the data reported in the facilities
inventory to evaluate project applications, perform facilities audits, to
determine compliance with Board Standards, and other required or requested
analyses. The facilities inventory shall be used to complete the following
reports as required by this section:
(i)
the Space Projection Model;
(ii)
calculation of replacement values; and
(iii)
calculation of classroom and class lab utilization.
(2)
Facilities Development Reports. The Board shall consider
projects that are included in the facilities development plans (MP1 and MP2).
A project that is not included in the plan may be considered if the Board
determines that the institution, even with careful planning, could not reasonably
have foreseen the project need.
(A)
Facilities Development Plan (MP1). On or before July 1
of every year, beginning in 2004, an institution shall submit an update to
its Facilities Development Plan (MP1) on file with the Board, as required
by Texas Education Code, Section 61.0582. In every even-numbered year, the
Board shall provide Facilities Development Plan data to the Bond Review Board
for inclusion in the Capital Expenditure Report. This report may include capital
renewal and deferred maintenance projects. The report shall include:
(i)
any proposed new construction greater than $250,000, repair
and rehabilitation greater than $1,000,000, information resource project greater
than $1,000,000, and property purchases for any amount that may be submitted
within the next five years to the Board, regardless of funding source;
(ii)
the funding source for any planned project identified
in paragraph 2(A)(i) of this section; and
(iii)
a description of the proposals the institution plans
to finance with the Higher Education Assistance Fund or Permanent University
Fund.
(B)
Campus Deferred Maintenance Plan (MP2). On or before October
15 of every year, an institution shall submit an update to its Campus Deferred
Maintenance Plan (MP2) on file with the Board. This report does not include
capital renewal projects. The report shall include:
(i)
a list of an institution's facilities backlogged or deferred
maintenance needs for the next five years that cost $10,000 or greater;
(ii)
the amount the institution plans to designate each fiscal
year for the next five years to address the backlogged or deferred maintenance
reported in the Campus Deferred Maintenance Plan;
(iii)
the amount of an institution's facilities critical backlogged
or deferred maintenance needs for the next five years that cost $10,000 or
greater;
(iv)
a plan to address deferred maintenance if a project is
delayed three years beyond its originally scheduled completion date; and
(v)
an explanation for the delay in a project and a plan to
address deferred maintenance if a project has remained on the institution's
MP2 report for a third year.
(C)
Campus Addressed Deferred Maintenance Report (MP4). On
or before October 15 of every year, an institution shall submit an update
to its Campus Addressed Deferred Maintenance Report (MP4) on file with the
Board. The report shall include the amount of backlogged or deferred maintenance
addressed in previous fiscal year.
(3)
Project Status and Tracking Reports.
(A)
Annually, from the date of approval, institutions shall
report the status of an approved project to the Board. Reporting to the Board
on an annual basis shall cease after the construction project is placed into
service and included in the Facilities Inventory Report, or the property acquisition
is completed, or the renovation shall be reported to be complete. The report
shall include, but is not limited to:
(i)
approved and actual project cost;
(ii)
approved and actual building cost;
(iii)
approved and actual GSF;
(iv)
approved and actual NASF;
(v)
approved and actual E&G NASF;
(vi)
approved and actual source(s) of funding; and
(B)
If the actual costs, square footage, or source(s) of funding
changed beyond the thresholds defined in Section 17.14 of this title (relating
to Re-approval of Projects), the institution shall submit a project application
requesting re-approval of the project and include a justification for the
delay in the request.
(4)
Governing Board Approved Projects. Institutions shall report
to the Board annually, on a form specified by the Board, all projects approved
by the institution's governing board but not requiring Board approval that
add E&G space to the institution's facilities inventory. The report shall
be submitted electronically not later than December 1 of each year.
(5)
Other Reports. Institutions are required to submit such
other reports required by the Board.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503156
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: June 3, 2005
For further information, please call: (512) 427-6114
Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
19 TAC §21.255
The Texas Higher Education Coordinating Board adopts amendments
to §21.255 concerning the Physician Education Loan Repayment Program
without changes to the proposed text as published in the June 3, 2005, issue
of the
Texas Register
(30 TexReg 3191). Specifically,
the amendments align the rules of the program with the statutory language
and update the names of three state agencies. Currently, the rules for the
Physician Education Loan Repayment Program state that not more than 20 percent
of the amount appropriated for the Program each fiscal year will be used to
fund repayments to first-time applicants who work for certain state agencies.
The amendments provide that not more than 20 percent of the physicians receiving
repayment assistance under the Program in each fiscal year may be employed
by the Texas Department of State Health Services, the Texas Department of
Criminal Justice, or the Texas Youth Commission.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §§61.531
- 61.539, which provides the Coordinating Board with the authority to establish
procedures to administer this program and Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules to
effectuate the provisions of Texas Education Code, Chapter 61.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503150
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: June 3, 2005
For further information, please call: (512) 427-6114
19 TAC §§21.710 - 21.717
The Texas Higher Education Coordinating Board adopts the
repeal of §§21.710 - 21.717 concerning the Education Loan Repayment
Program for Attorneys Employed by the Office of the Attorney General, without
changes to the proposed text as published in the May 6, 2005, issue of the
No comments were received regarding the repeal.
The repeal of these sections is adopted under the Texas Education
Code, §61.9729, which authorizes the Coordinating Board to adopt rules
necessary for the administration of §§61.9721 - 61.9732 of the Texas
Education Code, concerning the Repayment of Certain Education Loans Owed by
Certain State Attorneys.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503151
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 427-6114
19 TAC §§21.710 - 21.716
The Texas Higher Education Coordinating Board adopts new §§21.710
- 21.716 concerning the Education Loan Repayment Program for Attorneys Employed
by the Office of the Attorney General, without changes to the proposed text
as published in the May 6, 2005, issue of the
Texas
Register
(30 TexReg 2641). Specifically, the new sections provide for
a more efficient application process and allow for appropriate expertise in
selecting applicants to receive loan repayment.
No comments were received regarding the new sections.
The new sections are adopted under the Texas Education Code, §61.9729,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of §§61.9721 - 61.9732 of the Texas Education Code, concerning the
Repayment of Certain Education Loans Owed by Certain State Attorneys.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503152
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 427-6114
Subchapter I. PROVISIONS FOR THE FIFTH-YEAR ACCOUNTING STUDENT SCHOLARSHIP PROGRAM
19 TAC §§22.162, 22.166. 22.167
The Texas Higher Education Coordinating Board adopts amendments
to §§22.162, 22.166, and 22.167 concerning the Fifth-Year Accounting
Student Scholarship Program, without changes to the proposed text as published
in the May 6, 2005, issue of the
Texas Register
(30
TexReg 2643). Specifically, the amendments to §22.162 eliminate unnecessary
definitions and add a definition of "Institution." The amendment to §22.166
reflects the inclusion of race/ethnicity in the allocation formulae. The amendments
to §22.167 change the administration of the program from a centrally
processed one to a campus-based program, streamline operations at the Coordinating
Board, add consistency to the way programs are administered, and provide the
Coordinating Board additional control over unexpended funds.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §61.753,
which authorizes the Coordinating Board to establish and administer scholarships
for fifth-year accounting students.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2005.
TRD-200503153
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 21, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 427-6114
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter E. APPROVAL OF DISTANCE EDUCATION, OFF-CAMPUS, AND EXTENSION COURSES AND PROGRAMS FOR PUBLIC INSTITUTIONS
Subchapter G. EARLY COLLEGE HIGH SCHOOLS AND MIDDLE COLLEGES
Chapter 17.
CAMPUS PLANNING
Chapter 21.
STUDENT SERVICES
Subchapter W. EDUCATIONAL LOAN REPAYMENT PROGRAM FOR ATTORNEYS EMPLOYED BY THE OFFICE OF THE ATTORNEY GENERAL
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS