Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
19 TAC §1.16
The Texas Higher Education Coordinating Board proposes new §1.16,
concerning Contracts for Materials and Services. Specifically, this new section
requires that the Board approve all contractors for the purchase of materials
or services through a vendor other than a state or local governmental entity
if the cost for those materials or services is expected to exceed $750,000.00.
The Agency Operations Committee shall approve all such contracts if the cost
is greater than $100,000.00 but less than $750,000.00 and the Commissioner
shall approve all such contracts if the cost is less than $100,000.00. The
Commissioner is required to report to the Agency Operations Committee, describing
all such contracts.
Jan Greenberg, General Counsel, 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
section.
Ms. Greenberg has also determined that for each year of the first five
years the section is in effect, the public benefit anticipated as a result
of administering the section is that the public is notified of the limitations
on the authority to contract on behalf of the Board. There is no effect on
small businesses. There are no anticipated economic costs to persons who are
required to comply with the section as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to Jan Greenberg, General Counsel,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711
or by e-mail to jan.greenberg@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, §61.067,
which provides the Board with the authority to contract and Texas Education
Code, §61.027, which provides the Board with the authority to adopt rules.
The new section affects Texas Education Code, §61.967.
§1.16.Contracts for Materials and Services.
(a)
The Board shall approve all contracts for the purchase
of materials or services through a vendor other than a state or local governmental
entity if the cost for those materials or services is expected to exceed $750,000.00.
(b)
The Agency Operations Committee shall approve all contracts
for the purchase of materials or services through a vendor other than a state
or local governmental entity if the cost for those materials or services is
greater than $100,000.00 but less than or equal to $750,000.00.
(c)
The Commissioner shall approve all contracts for the purchase
of materials or services through a vendor other than a state or local governmental
entity if the contract amount is less than or equal to $100,000.00.
(d)
The Commissioner shall provide a report to the Agency Operations
Committee, at least quarterly, describing all contracts for the purchase of
materials or services through a vendor other than a state or local governmental
entity.
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 May 15, 2006.
TRD-200602693
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
19 TAC §4.28
The Texas Higher Education Coordinating Board proposes amendments
to §4.28(d), (j) and (k), concerning core curriculum implementation.
Specifically, the amendment to subsection (d) would provide clarification
to institutions of higher education regarding the institutional core curriculum
a student must follow. The new subsections (j) and (k) would provide clarification
to institutions of higher education regarding the specific prohibition of
institutional representatives allowing exemptions or waivers for any core
curriculum course or component area requirements. It would also establish
a limited procedure for Board staff to approve certain accommodations to the
core curriculum requirements at a specific institution on a case-by-case basis.
Several institutions have indicated that there is confusion about how to determine
whether a student is a "degree-seeking" student. The proposed amendment to
subsection (d) clarifies an existing rule and provides guidance to institutions
as they develop policies about identifying enrolled students as "degree-seeking."
The addition of subsections (j) and (k) will insure consistency and quality
in the implementation of core curricula at the diverse institutions of higher
education in Texas. Since 1997, institutional decisions regarding substitutions
and/or waivers of core curriculum requirements have been discouraged as a
matter of policy. These clarifications and the establishment of a procedure
for requesting an accommodation to an institution's core curriculum should
reflect consistency and fairness while protecting the integrity of the exemplary
educational outcomes for each component area of the core curriculum. The matter
of waivers or exemptions to the core curriculum is not specifically addressed
in the statutory requirement concerning the statewide transfer of undergraduate
core curriculum, but the matter is frequently brought to Board staff by institutional
representatives requesting clarification and guidance.
Dr. Carol Raney 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
section.
Dr. Raney 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 section would be the increased ease of transfer of lower-division
academic course credit and the subsequent facilitation of the Closing the
Gaps Success goal through more efficient transfer practices. 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 Dr. Catherine Parsoneault
((512) 427-6168 FAX; or e-mail to Catherine.Parsoneault@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 the Texas Education Code, §61.827,
which provides the Coordinating Board with the authority to adopt rules to
implement the subchapter regarding core curriculum and other transfer curricula.
The amendments affect Texas Education Code, §61.822.
§4.28.Core Curriculum.
(a)
General.
In accordance with Texas Education
Code, §§61.821-831, each general academic institution, community
college, and health-related institution shall design and implement a core
curriculum, including specific courses composing the curriculum, of no less
than 42 lower-division semester credit hours. Health-related institutions
should encourage their students to complete their core curriculum requirement
at a general academic institution or community college.
(b)
Component Areas.
Each institution's core curriculum
must be designed to satisfy the exemplary educational objectives specified
for the component areas of the "Core Curriculum: Assumptions and Defining
Characteristics" adopted by the Board; all lower-division courses included
in the core curriculum must be consistent with the "Texas Common Course Numbering
System," and must be consistent with the framework identified in Charts I
and II of this subsection. Chart I specifies the minimum number of semester
credit hours required in each of five major component areas that a core curriculum
must include (with sub-areas noted in parentheses). Chart II specifies options
available to institutions for the remaining 6-12 semester credit hours.
Figure: 19 TAC §4.28(b) (No change.)
(c)
Transfer of Credit--Completed Core Curriculum.
If
a student successfully completes the 42 semester credit hour core curriculum
at a Texas public institution of higher education, that block of courses may
be transferred to any other Texas public institution of higher education and
must be substituted for the receiving institution's core curriculum. A student
shall receive academic credit for each of the courses transferred and may
not be required to take additional core curriculum courses at the receiving
institution unless the Board has approved a larger core curriculum at that
institution.
(d)
Concurrent Enrollment.
(1)
A student concurrently enrolled at more than
one institution of higher education shall follow the core curriculum requirements
in effect for the institution at which the student is classified as a degree-seeking
student.
(2)
A student who is concurrently enrolled
at more than one institution of higher education may be classified as a degree-seeking
student at only one institution.
(3)
If a student maintains continuous enrollment
from a spring semester to the subsequent fall semester at an institution at
which the student has declared to be seeking a degree, the student remains
a degree-seeking student at that institution regardless of the student's enrollment
during the intervening summer session(s) at another institution.
(e)
Transfer of Credit--Core Curriculum Not Completed.
Except as specified in subsection (f) of this section, a student who
transfers from one institution of higher education to another without completing
the core curriculum of the sending institution shall receive academic credit
within the core curriculum of the receiving institution for each of the courses
that the student has successfully completed in the core curriculum of the
sending institution. Following receipt of credit for these courses, the student
may be required to satisfy the remaining course requirements in the core curriculum
of the receiving institution.
(f)
Satisfaction of Component Areas.
Each student
must meet the minimum number of semester credit hours in each component area;
however, an institution receiving a student in transfer is not required to
accept component core course semester credit hours beyond the maximum specified
in a core component area.
(g)
Exemplary Educational Objectives From More Than One
Component Area.
An institution may include within its core curriculum
a course or courses that combine exemplary educational objectives from two
or more component areas of the exemplary educational objectives defined in
this section.
(h)
Transcripts.
Each institution must note core
courses on student transcripts as recommended by the Texas Association of
Collegiate Registrars and Admissions Officers (TACRAO).
(i)
Notice.
Each institution must publish and make
readily available to students its core curriculum requirements stated in terms
consistent with the "Texas Common Course Numbering System."
(j)
Substitutions and Waivers. No institution
or institutional representative may approve course substitutions or waivers
of core curriculum requirements.
(k)
Accommodations.
(1)
The Commissioner or the Commissioner's designated staff
representative may, on a case-by-case basis, approve an accommodation of a
specific core curriculum component area requirement for a student with a medically-documented
learning disability, including but not limited to dyslexia, dysgraphia, or
Asperger's Syndrome.
(2)
Accommodation shall not include a waiver or exemption of
any core curriculum requirement.
(3)
In requesting an accommodation under this subsection, an
institution may request approval of core curriculum applicability for a course
the institution offers but that is not approved as a part of that institution's
core curriculum, if the institution demonstrates that the course has been
approved to fulfill the same specific core curriculum component area requirement
at five or more other Texas public colleges or universities. The Texas Common
Course Numbering System course number may be used as evidence of the suitability
of the course under this subsection.
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 May 15, 2006.
TRD-200602694
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §§7.6, 7.7, 7.9
The Texas Higher Education Coordinating Board proposes amendments
to §§7.6, 7.7, and 7.9, concerning clarifying the rules and removing
some incorrect references in the rules. Specifically, amendments to: §7.6(f)(2)
(related to Duty to Report) adds language to clarify that the information
reported will be evaluated by the Board in order to confirm that the institution
continues to meet the standards of the Board; §7.7(2) (related to Qualifications
of Institutional Officers) is modified to replace minimum standards for qualifications
of a chief academic offer which are too rigid and which do not accurately
reflect good practice in higher education with qualifications that are sufficiently
flexible and more accurately convey the expectations of the higher education
community; and §7.9(a) (related to Operation of Branch Campuses, Extension
Centers, or Other Off-Campus Units by Exempt Institutions) is modified by
removing paragraphs which created unintended consequences. These paragraphs
contained redundant information, incorrect references to other sections of
the rules, and unintended changes to the process of approving off-campus operations
in Texas from out-of-state institutions.
Dr. Carol Raney, Acting Assistant Commissioner for Academic Affairs and
Research, 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 sections.
Dr. Raney 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 a greater compliance with quality
standards of the Board by institutions offering degrees to Texas citizens.
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 Carol Raney, Acting Assistant
Commissioner for Academic Affairs and Research, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, Texas 78711 or carol.raney@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 the Texas Education Code, §61.311,
which provides the Board with the authority to adopt rules relating to Subchapter
G on Regulation of Private Postsecondary Educational Institutions.
The amendments affect Texas Education Code, §§61.301 - 61.319.
§7.6.Certificate of Authority--Eligibility, Applications, Renewals, and Amendments.
(a) - (e)
(No change.)
(f)
Duty to Report.
(1)
(No change.)
(2)
Any change in principal location, ownership, governance,
administrative personnel, faculty, or facilities at the institution, or any
other changes relevant to the Board's standards for certification, shall be
reported to the Board within ten days of the change by the chief administrative
officer of the institution
in order for the Board to determine if such
changes adversely affect the conditions under which the certificate was granted
.
(g)
(No change.)
§7.7.Standards for Certificates of Authority.
The decision to grant a certificate of authority to an institution
will be based on its demonstrated compliance with the following twenty-one
standards. Particular attention will be paid to the institution's commitment
to education, responsiveness to recommendations and suggestions for improvement,
and, in the case of a renewal of a certificate of authority, record of improvement
and progress following initial approval which would ensure accreditation within
the time limits specified in §7.6(c)(3) of this title (relating to Certificate
of Authority). The twenty-one standards represent generally accepted administrative
and academic practices and principles of accredited institutions of higher
education in Texas. Such practices and principles are generally set forth
by regional and specialized accrediting bodies and the academic and professional
societies which have established standards for their members' programs, such
as the National Association of College and University Business Officers and
the American Association of Collegiate Registrars and Admissions Officers.
(1)
(No change.)
(2)
Qualifications of Institutional Officers.
(A)
The character, education, and experience in
higher education of governing board members, administrators, supervisors,
counselors, agents, and other institutional officers shall be such as may
reasonably ensure that the
institution can maintain the standards of
the Board and progress to accreditation within the time limits set by the
Board
[
(B)
The
[
(C)
In the case of a renewal of a certificate
of authority, the institutional officers also shall demonstrate a record of
effective leadership in administering the institution.
(3) - (21)
(No change.)
§7.9.Operation of Branch Campuses, Extension Centers, or Other Off-Campus Units by Exempt Institutions.
(a)
Off-Campus Operations.
(1) - (4)
(No change.)
(5)
Formal Review and Evaluation.
(A)
[
(i)
[
(ii)
[
(iii)
[
(iv)
[
(v)
[
(B)
[
(i)
[
(ii)
[
(iii)
The institution shall be sent the report
of the Board's review and evaluation and shall have 30 days to submit a written
response to the report.
(iv)
After examining the report of review
and evaluation and the institution's written response, the Commissioner may
issue continuing approval, place conditions on continuing approval, or revoke
the Board's temporary approval of the branch campus or extension center.
[(C)
The Board's review of the branch campus
or extension center's application for Board approval shall follow the procedure
described in §7.5(d)(2) - (4) of this title (relating to Administrative
Procedures Related to Certification of Nonexempt Institutions), concerning
the Board's review of applications for certificates of authority.]
[(D)
The Board shall consider the reports
and recommendations of the Commissioner, SACS, and the certification advisory
council, and shall make a final determination regarding approval or denial
of the branch campus or extension center at a regularly scheduled Board meeting.]
(6)
[
(7)
[
(8)
[
(9)
Any change in location, ownership, governance,
administrative personnel, faculty, or facilities at the of the branch campus
or extension center, or any other changes relevant to the Board's standards
for off-campus operations at exempt institutions, shall be reported to the
Board within ten days of the change by the chief administrative officer of
the institution in order for the Board to determine if such changes adversely
affect the conditions under which approval to operate a branch campus, extension
center, or other off-campus unit was granted.
(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 May 15, 2006.
TRD-200602695
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
Subchapter H. REPORTING OF TUITION AND FEES
19 TAC §13.142
The Texas Higher Education Coordinating Board proposes amendments
to §13.142, concerning Reporting of Tuition and Fees. Specifically, proposed
changes to §13.142(14) clarify that community colleges (by statute) can
not charge designated tuition.
Susan Brown, Assistant Commissioner for Planning and Accountability, 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 section.
Ms. Brown 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 consistent use of terms regarding
higher education tuition and fees. There is no effect on small businesses.
There is 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 Lois Hollis, Assistant Commissioner
for Student Services, P.O. Box 12788, Austin, Texas 78711; lois.hollis@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 the Texas Education Code, §54.0015.
The amendments affect Texas Education Code, §54.0513.
§13.142.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (13)
(No change.)
(14)
Tuition--Statutory, designated, and/or board-authorized
tuition.
(A)
(No change.)
(B)
Designated tuition--A tuition charge authorized under Texas
Education Code, §54.0513, that
institutions other than public community
colleges
[
(C)
(No change.)
(15)
(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 May 15, 2006.
TRD-200602696
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §21.7
The Texas Higher Education Coordinating Board proposes new §21.7,
concerning General Provisions. Specifically, Senate Bill 1528, 79th Legislature,
mandated the Texas Higher Education Coordinating Board to adopt by rule definitions
related to tuition and fees for students under Chapter 54 of the Texas Education
Code to ensure consistency in the application of state laws and policies.
The new section incorporates the tuition and fee definitions found in Coordinating
Board rules, Chapter 13, Financial Planning, Subchapter H, Reporting of Tuition
and Fees.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the section is in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the section.
Ms. Hollis has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of administering
the section will be improved consistency in the use and meaning of terms used
in state financial assistance programs as well as in the data reported by
institutions regarding their charges. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The new section is proposed under the Texas Education Code, §56.055,
which provides the Coordinating Board with the authority to adopt any rules
necessary to administer Texas Education Code, §§56.051 - 56.055
and §54.0071.
The new section affects the Texas Education Code, §§56.051 -
56.055 and §54.0071.
§21.7.Tuition and Fee Definitions.
The definitions found in Chapter 13, Subchapter H of this title (relating
to Reporting of Tuition and Fees), are to be applied to all tuition and fee
exemption and waiver programs provided under Texas Education Code, Chapter
54.
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 May 15, 2006.
TRD-200602706
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.21 - 21.27
(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 §§21.21 - 21.27, concerning Determining Residence
Status. Specifically, these sections are proposed for repeal and are superseded
by §§21.727 - 21.735.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the repeals are in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms.Lois Hollis has also determined that for each year of the first five
years the repeals are in effect there will be more uniformity in the determination
of residency among institutions, causing less confusion for students and parents.
There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the section as proposed.
There is no impact on local employment
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The repeals are proposed under the Texas Education Code, §54.075,
which provides the Coordinating Board with the authority to adopt rules to
carry out the purposes of Texas Education Code, §§54.0501 - 54.075.
The repeals affect Texas Education Code, §§54.0501 - 54.075.
§21.21.Authority, Scope, and Purpose.
§21.22.Definitions.
§21.23.Basic Rules.
§21.24.Residency during the Transition from Dependent to Independent Students.
§21.25.Procedures.
§21.26.Exceptions.
§21.27.Transition from Waiver Recipient to Resident.
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 May 15, 2006.
TRD-200602702
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §21.55, §21.63
The Texas Higher Education Coordinating Board proposes amendments
to §21.55 and §21.63, concerning the Hinson-Hazlewood College Student
Loan Program. Specifically, the amendment to §21.55 (Eligibility of Students)
aligns program rules with the Texas Education Code, §52.32 and §52.33,
and §144(b) of the federal Internal Revenue Code for municipal bonds.
It will ensure that the Board's low interest non-guaranteed loans are not
offered to students before federal aid is offered. The amendments to §21.63
(Deceased or Disabled Borrowers) authorize the discharge of judgment debt
owed by deceased or disabled borrowers, as well as judgment debt owed by deceased
or disabled cosigners. Additionally, in cases where there is a judgment against
the borrower and the borrower is deceased or disabled, the amendments would
allow the Commissioner to determine if the release of the liability of the
cosigner is in the best interest of the loan program and, if so, allow the
Commissioner to authorize a release of the cosigner's liability.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendments are in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the amended sections.
Ms. Hollis 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 improved access to affordable financial
aid for the students of Texas and for persons seeking educator certification.
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 Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under Texas Education Code, §52.01,
which provides the Coordinating Board with the authority to adopt any rules
necessary to administer Texas Education Code, §52.01 and §§52.31
- 52.40.
The amendments affects Texas Education Code, §52.01 and §§52.31
- 52.40.
§21.55.Eligibility of Students.
(a)
(No change.)
(b)
When certifying a non-guaranteed loan,
the institution shall certify that the amount of the loan does not exceed
the difference between the cost of attendance and other forms of student assistance
for which the student is eligible, with the exception of Federal Plus loans,
whether or not the student actually receives such assistance.
(c)
[
§21.63.Deceased or Disabled Borrowers and Cosigners .
(a)
Upon final verification of the death or determination
of permanent and total disability of a borrower, all loans through the Program
shall be discharged unless there is a judgment against the borrower and the
Commissioner determines that a release of the borrower's liability is not
in the best interest of the Program.
[
(b)
Verification of death and determination of permanent and
total disability of a borrower
or cosigner
through the FSL, FSLS,
and CAL programs shall be made in accordance with the governing provisions
of the FSL program.
(c)
Verification of death or determination of permanent and
total disability of a borrower
or cosigner
through the HEAL and
HELP programs shall be made in accordance with the governing provisions of
the HEAL program.
(d)
The final verification of death and determination of permanent
and total disability of a borrower
or cosigner
shall be made by
the appropriate official for each loan program as follows:
(1) - (5)
(No change.)
(e)
(No change.)
(f)
Upon final verification of the death or
determination of permanent and total disability of a cosigner, the Commissioner
shall determine if the release of the liability of the cosigner is in the
best interest of the loan program and, if so, shall authorize a release of
the cosigner's liability, whether or not there is a judgment against the cosigner.
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 May 15, 2006.
TRD-200602697
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.122, 21.124, 21.126
The Texas Higher Education Coordinating Board proposes amendments
to §§21.122, 21.124, and 21.126 concerning the Texas B-On-Time (BOT)
Loan Program. Specifically, the amendments to §21.122 (Definitions) and §21.124
(Initial Eligibility for Loans) change the name of the required high school
curriculum to correspond with the new title assigned by the Texas Education
Agency. The amendments to §21.126 (Disbursement to Students) align program
rules with the Texas Education Code, §52.32 and §52.33, and §144(b)
of the federal Internal Revenue Code for municipal bonds. They will ensure
that the zero-interest B-On-Time loans are not offered to students before
federal aid is offered.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendment is in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of administering
the sections will be improved access to financial aid for the students of
Texas. There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §56.453,
which provides the Coordinating Board with the authority to adopt rules for
the administration of Texas Education Code, §§56.451 - 56.465.
The amendment affects 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) - (3)
(No change.)
(4)
Recommended or
distinguished achievement high school
program-
Advanced High School Program--the high school curriculum recommended
under §28.025 (a) of the Texas Education Code
(5)
(No change.)
§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)
(No change.)
(2)
meets one of the following academic requirements:
(A)
graduated not earlier than the 2002 - 2003 school year
under the Recommended or
distinguished achievement high school program-
Advanced High School Program from a public or accredited private high
school in Texas;
(B) - (C)
(No change.)
(3) - (5)
(No change.)
(b) - (c)
(No change.)
§21.126.Disbursement to Students.
(a)
No disbursement shall be made to any student until:
(1)
the institution has certified that the
amount of the loan does not exceed the difference between the cost of attendance
and other forms of student assistance for which the student is eligible, with
the exception of Federal Plus loans, whether or not the student actually receives
such assistance;
(2)
[
(3)
[
(4)
[
(5)
[
(b) - (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 May 15, 2006.
TRD-200602700
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.251, 21.257, 21.261 - 21.263
The Texas Higher Education Coordinating Board proposes amendments
to §§21.251, 21.257, and 21.261 - 21.263, concerning the Physician
Education Loan Repayment Program. Specifically, the proposed amendments update
legislatively mandated changes to names of state agencies.
Lois Hollis, Assistant Commissioner for Student Services, 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 sections.
Ms. Hollis 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
the changes will be that the rules will clearly provide information on eligibility
requirements for the program. 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 Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §§61.531
- 61.540, 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.
The amendments affect Texas Education Code, §§61.531 - 61.540.
§21.251.Authority and Purpose.
(a)
(No change.)
(b)
Purpose. The purpose of the Physician Education Loan Repayment
Program is to encourage qualified physicians to practice medicine in designated
areas of the state or for specified state agencies. The purpose of the state-funded
portion of the program is to encourage qualified physicians to practice medicine
in a medically underserved area that is economically depressed or rural or
for the
Texas Department of State Health Services (DSHS)
[
§21.257.State Recommended Health Professional Shortage Area.
A State Recommended Health Professional Shortage Area shall be any
area of the state recommended by the Texas
Department of State Health
Services (DSHS)
[
(1)
(No change.)
(2)
A State Recommended Health Professional Shortage Area may
be removed from the list of eligible areas in the state-funded portion of
the program only after a recommendation to that effect by the
DSHS
[
§21.261.State-Funded Portion for Post-Residency Practice.
(a)
An eligible physician is one who:
(1)
has a current unrestricted license, or, in the case of
a faculty member, a current unrestricted or institutional license to practice
medicine in Texas from the Texas
Medical Board
[
(2)
except in the case of general practitioners, has satisfactorily
completed a postgraduate program approved by the Texas
Medical Board
[
(3)
(No change.)
(4)
has completed at least one year of medical practice in:
(A)
(No change.)
(B)
the
Texas Department of State Health Services, the
Texas Department on Aging and Disability Services
[
(C)
(No change.)
(b)
(No change.)
§21.262.Eligibility for State Loan Repayment Program (SLRP) Matching Federal Loan Repayments.
SLRP loan repayments are matched with an equivalent amount awarded
under the provisions of §21.261 of this title (relating to State-Funded
Portion for Post-Residency Practice). A physician eligible for matching loan
repayments is one who:
(1)
(No change.)
(2)
has accepted Medicare and Medicaid assignment as full payment
for medical services rendered to Medicaid and Medicare patients during the
twelve month service period, as verified by
Texas Health and Human Services
Commission
[
(3) - (4)
(No change.)
§21.263.Eligibility for Family Practice Faculty Participation.
(a)
(No change.)
(b)
An eligible faculty member is one who practices at an approved
Texas Family Practice Residency Training Program, has an unrestricted, temporary
or institutional license to practice medicine in Texas from the
Texas
Medical 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 May 15, 2006.
TRD-200602698
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §21.282
The Texas Higher Education Coordinating Board proposes an
amendment to §21.282, concerning The Good Neighbor Scholarship Program.
Specifically, Texas Education Code §54.207 authorizes the awarding of
tuition waivers to certain citizens of other nations of the Western Hemisphere.
One of the eligibility requirements is that the person be a "native-born citizen"
of the nation he represents. This amendment will clarify that the term "native-born
citizen" includes both a citizen of the country who was physically born in
the country and one born abroad if at least one of the parents was a citizen
of the country and not permanently residing in a foreign country.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendment is in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the amended section.
Ms. Hollis also determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of administering
the amended section will be a better understanding of the students who are
eligible to compete for awards through the program. There is no effect on
small businesses. There are no anticipated economic costs to persons who are
required to comply with the amendment as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendment is proposed under the Texas Education Code, §54.207,
which provides the Coordinating Board with the authority to adopt rules necessary
to implement the Good Neighbor Scholarship Program.
The amendment affects the Texas Education Code, §54.207.
§21.282.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (3)
(No change.)
(4)
Native-born citizen of an eligible country--A person who
is a citizen of an eligible country and who was born in that country
or who was born abroad, if at least one of his or her parents was a citizen
of the eligible country and not permanently residing in a foreign country
.
(5) - (6)
(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 May 15, 2006.
TRD-200602699
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.728, 21.731, 21.732
The Texas Higher Education Coordinating Board proposes amendments
to §§21.728, 21.731, and 21.732 concerning Determination of Resident
Status and Waiver Programs for Certain Nonresident Persons. Specifically,
the amendments to §21.728(3) enable institutions to base residency decisions
for 2006 - 2007 on core questions that were promulgated by the Board prior
to the passage of rules adopted in November, 2005, and based on Senate Bill
1528, 79th Legislature, Regular Session. Thousands of students apply for admission
each year by using the Texas Common Application (TCA), which was developed
and in place for the 2006 - 2007 academic year before the passage of SB1528.
The printing of new TCAs and updating of the electronic application are under
way, but without this change in rule institutions would have to require students
who had completed the previous core questions and been admitted for fall 2006
to go back and complete a second set of questions. In addition, we do not
believe that any of the changes to statute through SB1528 would cause a student
who had previously been classified as a resident to lose that eligibility.
The issue regarding the timing of the Texas Common Application will exist
any time the core is updated and we recommend that this flexibility be added
to the residency process. The amendment to §21.728(6) clarifies that
international students who have applied for Permanent Resident status are
only eligible to establish a domicile in Texas if their applications are being
processed and any notice of action that is issued does not indicate the person's
application has been rejected. The addition of §21.728(9) is to define
"financial need" as referenced in §21.735(5)(C). The addition of this
definition required a renumbering of previously numbered §§21.728(9)
- (25). The amendment to §21.731 is intended to lessen the reporting
burden of students and institutions when the institution has documentation
from the student that indicates he or she qualifies as a resident based on
having lived in Texas for the 36 months leading up to graduation from high
school or the receipt of a GED. There is no need for the student to also complete
the core questions, but it is necessary for the institution to have the student
sign a shortened form, indicating certain facts that confirm his or her claim
to residency. The amendment to §21.732 clarifies that persons who transfer
between institutions but are continuously enrolled in public institutions
of higher education in Texas will continue to be eligible to base their residency
on the classification they received at their previous institution. This provision,
by statute, is not limited to students enrolled in 2006.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the section is in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect there will be more uniformity in the determination
of residency among institutions, causing less confusion for students and parents.
There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the section as proposed.
There is no impact on local employment
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
These amendments are proposed under the Texas Education Code, §54.075,
which provides the Coordinating Board with the authority to adopt rules to
carry out the purposes of Texas Education Code, §§54.0501 - 54.075.
These amendments affect Texas Education Code, §§54.0501 - 54.075.
§21.728.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (2)
(No change.)
(3)
Core Residency Questions--the questions promulgated by
the Board [
(4) - (5)
(No change.)
(6)
Eligible for Permanent Resident Status--a person who has
filed an I-485 application for permanent residency and has been issued a fee/filing
receipt or notice of action
by USCIS showing that his or her I-485 has
been reviewed and has not been rejected
.
(7) - (8)
(No change.)
(9)
Financial need--The cost of attendance
at a institution of higher education less the resources the family has available
for paying for college.
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
§21.731.Information Required to Initially Establish Resident Status.
(a)
To initially establish resident status under §21.730
of this title, (relating to Determination of Resident Status),
(1)
a person
who qualifies for residency under §21.730(a)
shall provide the institution with
:
(A)
a completed set of Core Residency Questions
; or
(B)
a copy of supporting documentation along
with a statement of the dates and length of time the person has resided in
this state, as relevant to establish resident status under this subchapter
and a statement by the person that the person's presence in this state for
that period was for the purpose of establishing and maintaining a domicile
in Texas.
[
Figure: 19 TAC §21.731(a)(1)(B) (.pdf)
(2)
a person who qualifies for residency under §21.730(b)
or (c) shall provide the institution with a completed set of Core Residency
Questions.
(b) - (d)
(No change.)
§21.732.Continuing Resident Status.
(a)
Except as provided under subsection (c) of this section,
a person who was enrolled in an institution for any part of the
previous
[
(b) - (c)
(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 May 15, 2006.
TRD-200602701
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.951 - 21.954, 21.956, 21.957, 21.959
The Texas Higher Education Coordinating Board proposes amendments
to §§21.951, 21.952, 21.953, 21.954, 21.956, 21.957 and 21.959 concerning
the Early High School Graduation Scholarship Program. Specifically, the amendment
to 21.951 reflects the fact that Chapter 21, Subchapter B of Board rules (relating
to Determining Residence Status), which reflects residency statutes in effect
prior to fall 2006 will be repealed and replaced as of July 2006 by Chapter
21, Subchapter X, (Relating to Determination of Resident Status and Waiver
Programs for Certain Nonresident Persons) adopted by the Board in October
2005. The amendments to §§21.952 and 21.957 are corrections of punctuation
or grammatical errors. The amendments to §§21.953(a) and (b) are
being made to bring current rules into agreement with provisions of Texas
Education Code §56.203, as amended by Senate Bill 1227 of the 79th Legislature,
Regular Session. Current statutes reflect the statutory elimination of two
old program requirements--a written statement of parental permission to graduate
early and no previous awards through the Tuition Credit Program of 1993 -
1994. They also reflect the elimination of references to interim provisions
for 2003 - 2005 which are no longer relevant to program operations. The amendments
to §21.953(c) add clarity to eligibility of students who graduated on
September 1, 2005, and the statutory requirement that recipients have completed
high school only by attending public high schools in Texas. They also indicate
that when students fail to complete the Recommended High School Curriculum
for reasons beyond their control, the school district must provide a written
explanation of the extenuating circumstances if it wants the student to be
given consideration for an award. They also correct a previous indication
that students could receive awards if they graduated in not more than 46 months,
when the limit in statute is not more than 45 months. The amendments to §21.954(a)
indicate the Board will make the application available though its web site.
Amendments to §21.954(b) clarify that the applications, when submitted
to the Board, must be signed and certified by the principal. In addition,
they clarify the eligibility of students who graduated on September 1, 2005,
and reflect the elimination of references to interim provisions for 2003 -
2005 which are no longer relevant to program operations. The addition of §21.954(c)
indicates that if an award is made based on incorrect information from the
school district, the district will be held responsible for making reimbursements
to the program. Changes to renumbered §21.954(d) indicate applications
should not be submitted to the Board more than 30 days prior to a student's
graduation from high school. This change is made in order to improve the accuracy
of the applications submitted to the Board. Changes to renumbered §21.954(d)
also eliminate references to interim program provisions that are no longer
relevant. The amendment to renumbered §21.954(g) reflects that in order
for a student to receive an eligibility letter for an institution other than
the one indicated on the original application, he or she must notify the Board
of the change. The amendments to §21.956(a)(1) and renumbered (3) are
made primarily to eliminate references to interim provisions and restrictions
that are no longer relevant to program operations and clarify the statutory
provision that students who graduated prior to 9/1/2005 may use their awards
only for paying tuition (not fees). Amendments to §21.956(a)(1)(C) is
repealed but re-worded with clearer language in the new (a)(2). Renumbered §21.956(a)(4)
is reworded to add clarity regarding the use of Early High School Graduation
Scholarships by students who graduated prior to 9/1/2005 to take unfunded
continuing education courses. The amendments to §21.956(b) clarify the
status of students who graduate on September 1, 2005, and clarify that the
awards for students who graduate on or after 9/1/2005 may be used for paying
for tuition and mandatory fees. Section 21.956(b)(1)(D) is renumbered to reflect
the fact that it applies to all levels of awards listed in §21.956(b)(1)
and renumbered §21.956(b)(3) is reworded to add clarity regarding the
use of Early High School Graduation Scholarships by students who graduate
on or after 2/1/2005 to take unfunded continuing education courses. The amendments
to §21.959 reflect the elimination of references to interim provisions
for 2003 - 2005 which are no longer relevant to program operations and to
add active duty military service as a basis of granting a hardship extension
of a student's period of eligibility.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendments are in effect there
are no fiscal implications for these amendments because the program is funded
through the Foundation Program. The program is funded through the savings
generated from students graduating early. The savings per student more than
offset the costs of awarding the scholarships. There will be no fiscal implications
to state or local government as a result of enforcing or administering the
rules.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit would be that rules are no
longer cluttered with provisions that have lapsed and language is simplified
to make the rules easier to understand. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §56.209,
which states that the Coordinating Board is authorized to adopt rules to administer
Texas Education Code, Chapter 56, Subchapter K, relating to the Early High
School Graduation Scholarship Program.
The amendments affect the Texas Education Code, §§56.202 - 56.209.
§21.951.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (5)
(No change.)
(6)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter
X
[
§21.952.Institutions.
(a) - (b)
(No change.)
(c)
Responsibilities.
(1)
(No change.)
(2)
Disbursements to Students.
(A)
(No change.)
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that
an
[
(3) - (4)
(No change.)
§21.953.Eligible Students.
(a)
To receive an award through the Early High School Graduation
Scholarship Program, a student who graduated
from high school before
[
(1)
be a resident of Texas;
and
(2)
have completed the requirements for a high school
diploma in not more than
[
[
[
[
(b)
[
(1)
(No change.)
(2)
have attended high school
exclusively in one or more
public high schools in this state
[
(3)
have successfully completed the Recommended or Advanced
High School Program established under Texas Education Code, §28.025,
unless the principal or other authorized representative of the student's high
school
provides a written explanation along with
[
(A)
shortage of qualified teachers
[
(B) - (C)
(No change.)
(4)
have graduated:
(A)
in not more than 41 consecutive months[
(B)
in not more than
45
[
(c)
[
§21.954.The Application and Awarding Process.
(a)
Application forms and instructions developed by the Board
will be distributed primarily through school district offices throughout the
state. The Board will also provide them to financial aid offices of approved
institutions, and students will be able to request the forms directly from
the Board
and/or download them from the CollegeforTexans web site
.
(b)
The application has three parts.
The completed forms
must be certified
[
(1)
Parts I and III are to be completed for all applicants
who graduated prior to September 1,
2005
[
(2)
Parts I, II, and III are to be completed for all applicants
who graduated
on or
after September 1,
2005
[
(c)
If a student is incorrectly certified by
a school district as eligible for an exemption, the school district is responsible
for reimbursing the program for any funds that might be issued to the student
through the program.
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
§21.956.Award Amounts and Processing Cycle.
(a)
Amounts for students graduating prior to September 1,
2005.
[
(1)
The aggregate amount of state [
[
[
[
(2)
A student who is attending a private or
independent institution may not receive a greater state tuition credit in
any enrollment period than the amount of institutional aid that is provided
by the institution and credited in the same manner, during that enrollment
period.
(3)
[
(4)
[
(b)
For students whose graduation date is
on or
after
September 1,
2005
[
(1)
the aggregate amount of
state
[
(A)
$2,000
to apply toward tuition and mandatory fees
if the student completed the Recommended or Advanced High School Program
and graduated from high school in 36 consecutive months or less and an additional
$1,000 if the person graduated with at least 15 hours of college credit; or
(B)
$500
to apply toward tuition and mandatory fees
if
the student completed the Recommended or Advanced High School Program and
graduated from high school in more than 36 consecutive months but not more
than 41 consecutive months and an additional $1,000 if the person graduated
with at least 30 hours of college credit; or
(C)
$1,000
to apply toward tuition and mandatory fees
if the student completed the Recommended or Advanced High School Program
and graduated from high school in more than 41 consecutive months but not
more than
45
[
(2)
[
(3)
[
(c)
(No change.)
§21.957.Reimbursements.
(a) - (b)
(No change.)
(c)
Disbursements by the Board. The Board will process institutional
Requests for Reimbursement at least once a month and will subsequently have
appropriate amounts transferred to institutions by the State Comptroller's
office. Such funds are to be used by the
institution
[
(d)
Transfers from the Foundation Program. At least once a
year the Board will request a transfer of funds from the
Foundation School
Fund
[
§21.959.Hardship Provisions.
An otherwise eligible student
as defined under §21.953(a)
and (b) of this subchapter
[
(1)
a severe illness or other debilitating condition; [
(2)
responsibility for the care of a sick, injured, or needy
person
; or
[
(3)
active duty or other service in the United
States armed forces.
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 May 15, 2006.
TRD-200602703
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
19 TAC §21.2083, §21.2084
The Texas Higher Education Coordinating Board proposes amendments
to §21.2083 and §21.2084, concerning the Doctoral Incentive Loan
Repayment Program. Specifically, the amendment to §21.2083 would amend
the definition of "low income school" to include high schools whose percentage
of economically disadvantaged students is greater than or equal to the statewide
average for the same year. The amendments to §21.2084 would allow applicants
to be considered eligible for participation if, in addition to meeting all
other program requirements, they attended (or resided in an area near) a high
school that was among the lowest 50 percent of Texas high schools with regard
to sending students to college.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendments are in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the amended sections.
Ms. Hollis 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 encourage greater participation
in the program. 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 Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under the Texas Education Code, §56.091,
which authorizes the Coordinating Board to establish and administer the Doctoral
Incentive Loan Repayment Program and adopt rules as necessary.
The amendments affect the Texas Education Code, §§56.091 - 56.095.
§21.2083.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (6)
(No change.)
(7)
Low Income School--a
high
school
in which
the percentage of
[
(8) - (10)
(No change.)
§21.2084.Eligibility for Encumbered Funds
(a)
To become initially eligible to participate in this program,
so that the Board encumbers available funds for the applicant, pending completion
of his or her service requirements, an applicant:
(1)
(No change.)
(2)
must demonstrate:
(A)
that he or she graduated from a Texas high school that
at the time of his or her graduation was:
(i)
among the lowest
50
[
(ii)
a low-income school; or
(B)
that at the time of graduation from high school, he or
she resided in an area of Texas where the high school closest to his or her
residence was:
(i)
among the lowest
50
[
(ii)
a low-income school;
(3) - (5)
(No change.)
(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 May 15, 2006.
TRD-200602704
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2006
For further information, please call: (512) 427-6114
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
students will receive education consistent with the objectives
of the course or program of study
].
In particular, the
]
chief academic officer shall
hold an earned doctorate awarded by an institution
accredited by an agency recognized by the Board or from a foreign institution
demonstrated to be equivalent to an accredited institution, and shall demonstrate
sound aptitude for and experience with curriculum development and assessment;
accreditation standards and processes as well as all relevant state regulations;
leadership and development of faculty, including the promotion of scholarship,
research, and service; and the promotion of student success
[
be
qualified by level and area of academic preparation, as well as through appropriate
experience, to direct the academic affairs of the institution. In general,
this requires at least five years of administrative experience at an institution
of higher education accredited by a recognized accreditor or a master's degree
with major in higher education administration awarded by an institution accredited
by a recognized accreditor
].
(5)
] Accreditor's on-site
review and evaluation
[
survey
]. The applicant institution
shall inform its recognized accreditor of the institution's
temporary
authorization
[
initial approval
] from the Board
to begin
operations, as provided in paragraph (4) of this subsection,
so that
the accreditor may conduct a site visit at the branch campus or extension
center to verify compliance with that accreditor's criteria for branch campuses.
(A)
] The institution shall invite
the Southern Association of Colleges and Schools (SACS) to participate in
the on-site
review and evaluation
[
survey
], to provide
representatives to examine the institution, and to supply comments on the
branch's ability to meet the standards set forth herein. The institution must
inform SACS of the impending visit by its accreditor at least six weeks prior
to the visit, to facilitate coordination between the two accreditors.
(B)
] The institution shall submit
to the Board
the report of the recognized
accreditor's review and
evaluation
[
accreditor
] and SACS' comments [
to the Board
].
(C)
] After examining the
report
[
reports
] of the recognized accreditor and SACS
comments
, the Commissioner may issue continuing approval, place conditions
on continuing approval, or revoke the Board's temporary
authorization
[
approval
] of the branch campus or extension center.
(D)
] Final approval by the accreditor
must be made within two years of the initial approval by the Commissioner,
or the Board's
temporary authorization
[
initial approval
]
will lapse.
(E)
] If the accreditor denies approval,
the Board's temporary
authorization
[
approval
] shall
immediately expire.
(6)
] Board's
on-site review
and evaluation
[
site-visit
]. If the accreditor does not conduct
an on-site
review and evaluation
[
survey
] of the branch
campus or extension center, the Board will conduct an on-site
review
and evaluation
[
survey
] to determine whether the branch complies
with the Board's standards of operations.
(A)
] The Board will invite SACS
to provide representation, to accompany the visiting team, and to supply comments.
(B)
] The institution shall be assessed
the fee for an on-site survey to a branch campus or extension center, as provided
in §7.5(c) of this title (relating to Administrative Procedures Related
to Certification of Nonexempt Institutions).
(7)
] The Board requires reviews,
including site visits, of the branch campus or extension center according
to the schedule used for accreditation of the main campus by the recognized
accreditor. The review will be conducted in the same manner as described in
paragraph
(5)
[
(1)
] of this subsection. The Commissioner
may deny continuing approval of any branch campus or extension site which
fails to maintain the conditions and standards on which approval was based.
(8)
] In the event of any adverse
determination made under the authority of this section by [
the Board
or
] the Commissioner, the institution shall receive notice of the determination,
and shall be given the reasons for the denial in writing.
(9)
] If a determination under this
section is adverse to an institution, it shall become final and binding unless,
within 45 days of receipt of the adverse determination, the institution invokes
the administrative remedies contained in Chapter 1, subchapter B of this title
(relating to Hearings and Appeals).
Chapter 13.
FINANCIAL PLANNING
an institution
] may impose on any graduate or undergraduate,
resident or nonresident student, in an amount that the governing board of
the institution considers necessary for the effective operation of the institution.
Chapter 21.
STUDENT SERVICES
Subchapter B. DETERMINING RESIDENCE STATUS
Subchapter C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM
(b)
] If the institution to which
the student has been accepted for enrollment was not an eligible institution,
as defined in §21.54 of this title (relating to Eligibility of Institutions)
on May 1, 1985, the student shall provide evidence that the student is unable
to obtain a guaranteed student loan from a commercial lender.
All loans through the Program
are discharged in the event of death or in the event of permanent and total
disability of the borrower.
]
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
(1)
] the student has submitted
an application containing the names of two personal references who live at
different addresses, who are gainfully employed, and who are expected to know
the student's whereabouts at all times throughout the life of the loan;
(2)
] the student certifies that
he or she has read and understands the rights and responsibilities of a borrower
of a Texas B-On-Time Loan;
(3)
] the student has executed a
promissory note payable to the program for the full amount of any loan plus
other authorized fees; and
(4)
] the Board has received the
original of such executed promissory note.
Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
Texas Department of Health
], the
Texas Department of Aging and
Disability Services (DADS)
[
Texas Department of Mental Health and
Mental Retardation
], the Texas Department of Criminal Justice, the Texas
Youth Commission, or a Community Health Center. The purpose of the State Loan
Repayment Program Matching Federal Loan repayments is to encourage qualified
physicians to practice in Health Professional Shortage Areas. The purpose
of the family practice faculty portion of the program is to encourage employment
as full-time faculty in an approved Texas Family Practice Residency training
program.
Department of Health
] to the Division of
Shortage Designation, Bureau of Primary Health Care, of the U.S. Department
of Health and Human Services, or its successors, as having a shortage of health
professionals.
Texas Department of Health
] to the Division of Shortage Designation.
State Board
of Medical Examiners
];
State Board of Medical Examiners
] and accredited by the
Accreditation Council on Graduate Medical Education or the American Osteopathic
Association or has earned and maintained certification from an American Specialty
Board that is a member of the American Board of Medical Specialties or the
Bureau of Osteopathic Specialists in one of the following specialties: family
practice, osteopathic general practice, obstetrics/gynecology, general internal
medicine, general pediatrics, emergency medicine, general surgery, and psychiatry;
Texas Department
of Health, the Texas Department of Mental Health and Mental Retardation
],
the Texas Department of Criminal Justice, or the Texas Youth Commission; or
Texas Department of Human Services
];
Texas State Board of Medical Examiners
], and
has completed training in an approved Texas Family Practice Residency Training
Program on or after July 1, 1994.
Subchapter K. THE GOOD NEIGHBOR SCHOLARSHIP PROGRAM
Subchapter X. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS
and set forth in Revised Chart II, which is incorporated into
this subchapter for all purposes,
] to be completed by a person and used
by an institution to determine if the person is a Texas resident.
For
enrollments prior to the 2007 - 2008 academic year, institutions may use the
core questions developed and distributed by the Board in 1999 or later, including
the core questions included in the Texas Common Application, or the core questions
set forth in Revised Chart II, which is incorporated into this subchapter.
The core questions to be used for enrollments on or after the 2007 - 2008
academic year shall be the core questions in the Texas Common Application
or in Revised Chart II.
(9)
] Gainful employment--activities
intended to provide an income to a person or allow a person to avoid the expense
of paying another person to perform the tasks (as in child care or the maintenance
of a home). A person who is self-employed, employed as a homemaker, or who
is living off his/her earnings may be considered gainfully employed for purposes
of establishing residency, as may a person whose primary support is public
assistance.
(10)
] General Academic Teaching
Institution--The University of Texas at Austin; The University of Texas at
El Paso; The University of Texas of the Permian Basin; The University of Texas
at Dallas; The University of Texas at San Antonio; Texas A&M University,
Main University; The University of Texas at Arlington; Tarleton State University;
Prairie View A&M University; Texas Maritime Academy (now Texas A&M
University--Galveston); Texas Tech University; University of North Texas;
Lamar University; Lamar State College--Orange; Lamar State College--Port Arthur;
Texas A&M University--Kingsville; Texas A&M University--Corpus Christi;
Texas Woman's University; Texas Southern University; Midwestern State University;
University of Houston; University of Texas--Pan American; The University of
Texas at Brownsville; Texas A&M University--Commerce; Sam Houston State
University; Texas State University--San Marcos; West Texas A&M University;
Stephen F. Austin State University; Sul Ross State University; Angelo State
University; and The University of Texas at Tyler, and as defined in Texas
Education Code, §61.003(3).
(11)
] Institution or institution
of higher education--any public technical institute, public junior college,
public senior college or university, medical or dental unit, or other agency
of higher education as defined in Texas Education Code, §61.003(8).
(12)
] Legal guardian--a person
who is appointed guardian under the Texas Probate Code, Chapter 693, or a
temporary or successor guardian.
(13)
] Maintain a residence--to
physically reside in a location. The maintenance of a residence is not interrupted
by a temporary absence from the state, as provided in §21.730(e) of this
title (relating to Determination of Resident Status).
(14)
] Managing conservator--a
parent, a competent adult, an authorized agency, or a licensed child-placing
agency appointed by court order issued under the Texas Family Code, Title
5.
(15)
] Nonresident tuition--the
amount of tuition paid by a person who does not qualify as a Texas resident
under this subchapter unless such person qualifies for a waiver program under §21.735
of this title, (relating to Waivers that Permit Nonresidents to Pay Resident
Tuition).
(16)
] Parent--a natural or adoptive
parent, managing or possessory conservator, or legal guardian of a person.
The term does not include a step-parent.
(17)
] Possessory conservator--a
natural or adoptive parent appointed by court order issued under the Texas
Family Code, Title 5.
(18)
] Private high school--a private
or parochial school accredited by an accrediting agency that is recognized
and accepted by the Texas Private School Accreditation Commission. The term
does not include a home school.
(19)
] Public technical institute
or college--the Lamar Institute of Technology or any campus of the Texas State
Technical College System.
(20)
] Regular semester--a fall
or spring semester, typically consisting of 16 weeks.
(21)
] Residence--a person's home
or other dwelling place.
(22)
] Residence Determination
Official--the primary individual at each institution who is responsible for
the accurate application of state statutes and rules to individual student
cases.
(23)
] Resident tuition--the amount
of tuition paid by a person who qualifies as a Texas resident under this subchapter.
(24)
] Temporary absence--absence
from the State of Texas with the intention to return, generally for a period
of less than five years.
(25)
] United States Citizenship
and Immigration Services (USCIS)--the bureau of the U.S. Department of Homeland
Security that is responsible for the administration of immigration and naturalization
adjudication functions and establishing immigration services policies and
priorities.
as set forth in Revised Chart II, which is incorporated
into this subchapter for all purposes.
]
2006
] state fiscal year and who was classified as a resident
of this state under Subchapter B, Chapter 54, Texas Education Code, in the
last academic period of that year for which the person was enrolled is considered
to be a resident of this state for purposes of this subchapter, as of the
beginning of the
following
fall semester[
, 2006
].
If an institution acquires documentation that a person is a continuing student
who was classified as a resident at the previous institution, no additional
documentation is required. The person is not required to complete a new set
of Core Questions.
Subchapter CC. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM
B
], of this title (relating to Determining Residence Status). Nonresident
students who are eligible to pay resident tuition rates are not residents
of Texas.
and
] institution has
disbursed funds for unauthorized purposes, the Board will notify the Program
Officer and financial aid director and offer an opportunity for a hearing
pursuant to the procedures outlined in Chapter 1 of this title (relating to
Agency Administration). Thereafter, if the Board determines that funds have
been improperly disbursed, the institution shall become primarily responsible
for restoring the funds to the Board. No further disbursements of scholarships
shall be permitted to students at that institution until the funds have been
repaid.
from high school before September 1, 2003 or who graduated between
September 1, 2003, and
] September 1, 2005[
, under conditions listed
in subsection (b) of this section
] must:
graduate from a Texas public high school
within
] thirty-six
consecutive
months [
of his/her original
enrollment,
] having completed all years of high school in Texas
.
[
;
]
(3)
have written approval to graduate early
from a parent or person standing in parental relation to the student; and
]
(4)
not be a recipient of $1000 through the
Tuition Credit Program in operation in 1993 and 1994.
]
(b)
A student who graduated between September
1, 2003, and September 1, 2005, without completing the Recommended or Advanced
High School Program, may receive an award through the Early High School Graduation
Scholarship as it existed on August 31, 2003, if the student's high school
counselor provides the Board a certified statement that the student was on
track as of August 31, 2003, to graduate in accordance with Early High School
Graduation Scholarship program requirements in place at that time, and the
student graduated meeting requirements listed in subsection (a) this section.
]
(c)
] To receive an award through
the Early High School Graduation Scholarship Program, a student [
other
than those described in subsection (b) of this section
] who graduated
from high school
on or
after September 1,
2005,
[
2003
] must:
only in Texas
];
indicates
on
] the student's transcript and exemption program application that
the courses in the Recommended or Advanced High School Program which the student
did not complete were unavailable to the student at the appropriate time in
his or her high school career because of:
course
scheduling
];
, in which
case the student must provide written approval of a parent or person standing
in parental relation to the student
]; or
46
] consecutive
months, if the student graduated with at least 30 hours of college credit.
(5)
] A student's eligibility to
receive a tuition credit under the Early High School Graduation Scholarship
Program begins with the first regular semester or term following the student's
graduation, exclusive of summer sessions that immediately follow the student's
graduation. A student's eligibility to receive a tuition credit under the
program ends six years after it begins, unless the student seeks and is granted
an extension under §21.960 of this title (relating to Hardship Extensions).
It must be completed and signed
] by the
high school [
counselor or
] principal on behalf of the student applicant.
2003, and students
who graduated between September 1, 2003, and September 1, 2005, in accordance
with §21.953 (b) of this title (relating to Eligible Students)
].
2003
].
(c)
] High school counselors [
or principals
] are to send the completed and signed applications
certified by the principal
to the Board for processing.
Applications
should not be sent to the Board more than 30 days prior to a student's graduation
date.
[
If the application is for a student who qualifies for an
award in accordance with §21.953(b) of these rules, the application must
be accompanied by a certified statement from the high school counselor, on
high school letterhead, confirming the student was on track on August 31,
2003, to graduate under the provisions of the Early High School Graduation
Scholarship Program as it existed at that time.
]
(d)
] Applications will be processed
by the Board as they are submitted by the high schools.
(e)
] As soon as possible after
processing applications, the Board will notify the relevant institutions,
students and school districts of the students' eligibility for awards.
(f)
] Institutions must confirm
that the student is a resident of Texas before they can grant a scholarship
through the program outlined in this subchapter.
(g)
] If the student chooses to
attend an institution other than the one indicated in the application, he
or she
must
[
should
] advise the Board of the change
and the Board will send the new institution a letter of eligibility and an
award may be made at that institution after the student's residency is confirmed.
2003 or between September 1, 2003 and September 1, 2005,
in accordance with conditions outlined in §21.953(b) of this title (relating
to Eligible Students).
]
tuition
] credit
that shall be awarded to a student through this program may not exceed
$1,000 to be applied only toward tuition.
[
the least of:
]
(A)
$1,000; or
]
(B)
the sum of $1,000 minus the amount the
student received through the Tuition Credit Program; or
]
(C)
for students attending eligible private
or independent institutions of higher education, the amount of institutional
tuition gift assistance that the institution agrees to offer during the same
enrollment period to match the state award.
]
(2)
] If a
state
[
tuition and fee
] credit awarded through the Early High School Graduation
Scholarship Program is more than the amount of the student's first semester's
tuition [
plus, if applicable, mandatory fees
], the balance of the
student's award may be used in subsequent semesters.
(3)
]
State credits may not
be used for continuing education classes that do not receive formula funding.
[
A disbursement in any given term or semester may be applied only
to reduce the student's tuition for any courses taken, except that students
enrolled in continuing education courses for which the institution does not
receive state funding may not use their tuition credit for such courses.
]
2003, other than those graduating under
the conditions outlined in §21.953(b) of this title
]:
tuition
] credit that may be awarded to a student through this program is:
46
] consecutive months with at least 30
hours of college credit.
(D)
] A student who is attending
a private or independent institution may not receive a greater state tuition
credit in any enrollment period than the amount of institutional aid that
is provided by the institution and credited in the same manner, during that
enrollment period.
(2)
]
State credits may not
be used for continuing education classes that do not receive formula funding.
[
The tuition credit award may be applied to reduce the student's
tuition and mandatory fees for any courses taken, except that students enrolled
in continuing education courses for which the institution does not receive
state funding may not use their tuition credit for such courses.
]
institutions
] either to reimburse itself (if it exempted the students from the payment
of the relevant charges) or to reimburse students for the relevant charges
they paid to the institution.
foundation school fund
] for use in reimbursing institutions
or students for their Early High School Graduation Scholarship program awards.
who graduated from high school on or
after September 1, 2003, other than those who graduated in accordance with
the requirements outlined in §21.953(b),
] and who is unable to
use his or her scholarship within the allotted six years, may petition the
Board for an extension. Such extensions[
, not to exceed one year,
]
may be granted on the basis of hardships or other good causes, including but
not limited to:
or
]
.
]
Subchapter MM. DOCTORAL INCENTIVE LOAN REPAYMENT PROGRAM
that has at least 10 percent more
] economically
disadvantaged students
is greater
than
or equal to
the
statewide average for the same year, according to data published by the Texas
Education Agency.
ten
] percent
among Texas high schools, with regard to sending students to public institutions
of higher education; or
ten
] percent
among high schools, with regard to sending students to public institutions
of higher education; or
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS