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 adopts amendments
to §1.16, concerning Contracts for Materials and Services, with changes
to the proposed text as published in the December 8, 2006, issue of the
Specifically, these amendments provide the Chair and Vice Chair of the
Board the authority to provide final approval of contracts for purchases approved
by the Agency Operations Committee or the full Board and to approve requests
and contracts for emergency purchases. The amendments will also allow the
Commissioner to delegate contract approval authority for contracts equal to
or less than $5,000 or if the Commissioner will be unavailable to approve
contracts for more than one business day.
No comments were received regarding amendments.
The amendments are adopted under the Texas Education Code, §61.067,
which provides the Coordinating Board with the authority to contract and Texas
Education Code §61.027 which provides the Board with the authority to
adopt rules.
§1.16.Contracts for Materials and Services.
(a)
The Board shall approve all requests for the purchase of
materials or services if the cost for those materials or services is expected
to exceed $750,000.00. After a vendor is selected, the Chair and Vice Chair
of the Board shall provide final approval of the contract with the selected
vendor.
(b)
The Agency Operations Committee shall approve all requests
for the purchase of materials or services if the cost for those materials
or services is greater than $100,000.00 but less than or equal to $750,000.00.
After a vendor is selected, the Chair and Vice Chair of the Board shall provide
final approval of the contract with the selected vendor.
(c)
The Commissioner shall approve all contracts for the purchase
of materials or services if the contract amount is less than or equal to $100,000.00.
The Commissioner may delegate his approval authority to a deputy, associate,
or assistant commissioner if:
(1)
The contract amount is less than or equal to $5,000; or
(2)
The Commissioner will be away from the agency and unavailable
to approve contracts for more than one business day.
(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.
(e)
The Chair and Vice Chair of the Board shall have the authority
to approve emergency purchase requests and contracts for materials or services
over $100,000 that must be entered into in order to prevent a hazard to life,
health, safety, welfare, property or to avoid undue additional cost to the
state. Emergency purchase requests and contracts shall be exempt from subsections
(a) and (b) of this section.
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 January 29, 2007.
TRD-200700241
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 18, 2007
Proposal publication date: December 8, 2006
For further information, please call: (512) 427-6114
19 TAC §1.17
The Texas Higher Education Coordinating Board adopts new §1.17,
concerning Agency Administration, with changes to the proposed text as published
in the December 22, 2006, issue of the
Texas Register
(31 TexReg 10237).
Specifically, this new section will authorize the Commissioner to provide
direct supervision of the Education Research Centers created by Texas Education
Code, §1.005.
No comments were received regarding the new rule; however the wording educational
research centers was changed to Education Research Centers to keep the wording
consistent with the Texas Education Code.
The new rule is adopted under the Texas Education Code, §61.027,
which gives the Coordinating Board the authority to adopt rules.
§1.17.Authority of the Commissioner to Provide Direct Supervision of the Education Research Centers.
The Board authorizes the Commissioner to provide direct supervision
of the Education Research Centers created by Texas Education Code §1.005.
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 January 29, 2007.
TRD-200700240
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 18, 2007
Proposal publication date: December 22, 2006
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §4.3
The Texas Higher Education Coordinating Board adopts amendments
to §4.3, concerning definitions for rules applying to all public institutions
of higher education in Texas, without changes to the proposed text as published
in the December 8, 2006, issue of the
Texas Register
(31 TexReg 9781). Specifically, these amendments will delete definitions
for College Readiness Standards and Statewide College Readiness Vertical Teams
and move these definitions for clarification purposes to Chapter 4, Subchapter
H, concerning P-16 college readiness and success.
No comments were received concerning these amendments.
These amendments are adopted under the Texas Education Code, §28.008(c),
which provides the Coordinating Board with the authority to adopt rules to
establish the composition and duties of statewide college readiness teams.
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 January 29, 2007.
TRD-200700239
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 18, 2007
Proposal publication date: December 8, 2006
For further information, please call: (512) 427-6114
19 TAC §4.171, §4.172
The Texas Higher Education Coordinating Board adopts amendments
to §4.171 and §4.172, concerning P-16 college readiness and success
which apply to all public institutions of higher education in Texas, without
changes to the proposed text as published in the December 8, 2006, issue of
the
Texas Register
(31 TexReg 9782). Specifically,
these amendments will rearrange previously adopted sections of the rules as
a result of new sections proposed in a separate filing that are necessary
for implementation of the applicable portions of §5.08 of House Bill
1, Third Called Session 2006.
No comments were received concerning the amendments.
The amendments are adopted under the Texas Education Code, §§28.008,
61.0761, and 61.0762, which provides the Coordinating Board with the authority
to adopt rules to develop and adopt college readiness standards, to implement
the P-16 college readiness and success strategic action plan, and to establish
and implement programs to enhance student success in entry-level college courses,
respectively.
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 January 29, 2007.
TRD-200700238
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 18, 2007
Proposal publication date: December 8, 2006
For further information, please call: (512) 427-6114
19 TAC §4.173, §4.174
The Texas Higher Education Coordinating Board adopts the
repeal of §4.173 and §4.174, concerning P-16 college readiness and
success which apply to all public institutions of higher education in Texas,
without changes to the proposed text as published in the December 8, 2006,
issue of the
Texas Register
(31 TexReg 9782).
Specifically this repeal will rearrange previously adopted sections of the
rules as a result of new sections proposed in a separate filing that are necessary
for implementation of the applicable portions of §5.08 of House Bill
1, Third Called Session 2006.
No comments were received concerning the repeal.
The repeal is adopted under the Texas Education Code, §§28.008,
61.0761, and 61.0762, which provides the Coordinating Board with the authority
to adopt rules to develop and adopt college readiness standards, to implement
the P-16 college readiness and success strategic action plan, and to establish
and implement programs to enhance student success in entry-level college courses,
respectively.
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 January 29, 2007.
TRD-200700236
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 18, 2007
Proposal publication date: December 8, 2006
For further information, please call: (512) 427-6114
19 TAC §§4.173 - 4.177
The Texas Higher Education Coordinating Board adopts new §§4.173
- 4.177, concerning P-16 college readiness and success which apply to all
public institutions of higher education in Texas, with changes to the proposed
text as published in the December 8, 2006, issue of the
Texas Register
(31 TexReg 9783). Specifically, these new sections will
create new definitions for use in P-16 college readiness and success, describe
the purpose of the P-16 college readiness and success strategic action plan
and the initiatives it supports, and establish the criteria for student participation
and institutional and public school eligibility for programs to enhance student
success that are necessary for implementation of the applicable portions of §5.08
of House Bill 1, Third Called Session 2006.
The following comments were received regarding the new sections:
Comment: One comment was received from staff of the Governor's Office concerning
the minor revision to the definition, College Readiness Standards. The originally
adopted definition stated "The knowledge and skills expected of students to
perform successfully in the workplace and in entry-level courses offered at
institutions of higher education." Staff attempted to give additional clarification
to the definition by proposing the definition eliminate "in the workplace"
and add "and in that part of the workplace requiring similar knowledge and
skills" at the end of the definition. Governor's Office staff believes this
clarification is more complicated than the original definition and is unnecessary.
Response: Staff agrees and recommends the original definition be adopted.
The new sections are adopted under the Texas Education Code §§28.008,
61.0761, and 61.0762, which provides the Coordinating Board with the authority
to adopt rules to develop and adopt college readiness standards, to implement
the P-16 college readiness and success strategic action plan, and to establish
and implement programs to enhance student success in entry-level college courses,
respectively.
§4.173.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Closing the Gaps by 2015--The master plan for higher education
for the state of Texas, adopted in October 2000 by the Texas Higher Education
Coordinating Board, directed at closing educational gaps within Texas, as
well as between Texas and other states, and which has four goals: to close
the gaps in student participation, student success, excellence, and research.
(2)
College entrance assessment--The ACT and SAT or other assessments
as determined by the commissioner that serve as indicators of student college
readiness.
(3)
College readiness assessment--The ACT PLAN and College
Board Preliminary SAT or other assessments as determined by the commissioner
that serve as early indicators of student college readiness.
(4)
College readiness standards--The knowledge and skills expected
of students to perform successfully in the workplace and in entry-level courses
offered at institutions of higher education.
(5)
College ready student--One who has the knowledge and skills
necessary to begin entry-level college courses with a reasonable likelihood
of success and does not require developmental education.
(6)
Commissioner--The commissioner of higher education.
(7)
Faculty--A person who is employed by an institution of
higher education on a full- or part-time basis as a member of the faculty
or staff and whose duties including teaching, research, administration (including
professional librarians), or the performance of professional services. The
term does not include a person employed in a position which is in the institution's
classified personnel system, or a person employed in a similar type of position
if the institution does not have a classified personnel system.
(8)
Institution of higher education or institution--Any public
technical institute, public junior college, public senior college or university,
medical or dental unit, or other agency of higher education as defined in
Texas Education Code, §61.003.
(9)
Statewide discipline-based college readiness vertical teams--Teams
composed of public school educators and higher education faculty whose duties
are consistent with those provided under §28.008(b) of the Texas Education
Code.
§4.174.P-16 College Readiness and Success Strategic Action Plan
(a)
To increase student success and decrease the number of
students enrolling in developmental course work in institutions of higher
education, the board, in cooperation with the commissioner of education, shall
implement the P-16 College Readiness and Success Strategic Action Plan as
recommended by the statewide P-16 Council and adopted by the board pursuant
to Texas Education Code, §61.0761(a).
(b)
The initiatives and activities to be implemented under
the P-16 College Readiness and Success Strategic Action Plan include the creation
of statewide discipline-based vertical teams outlined in Texas Education Code, §28.008,
and programs to enhance student success outlined in Texas Education Code, §61.0762.
§4.175.Composition and Duties of Statewide Discipline-Based College Readiness Vertical Teams.
(a)
There shall be a total of four statewide discipline-based
college readiness vertical teams: one each in English/Language Arts, Mathematics,
Science, and Social Studies. All teams shall be composed of a minimum of 8
and a maximum of 20 members per subject area who represent the following:
(1)
All levels of public school educators;
(2)
Faculty from higher education to include public junior
colleges, public community colleges, public technical institutes, public state
colleges, public senior colleges or universities, and private or independent
institutions of higher education as defined in Texas Education Code, §61.003;
(3)
A balance between small and large districts;
(4)
Various geographic regions of the state; and
(5)
Overall demographics of the state.
(b)
A maximum of 60 percent of the statewide discipline-based
college readiness vertical teams shall be composed of faculty from institutions
of higher education.
(c)
The statewide discipline-based college readiness vertical
teams shall develop college readiness standards as defined in Texas Education
Code, §28.008(b)(1). The teams may create an interdisciplinary vertical
team composed of one public education member and one higher education member
from each discipline-based college readiness vertical team to review the standards
and determine commonalities among the disciplines. The statewide discipline-based
college readiness vertical teams shall recommend the college readiness standards
to the commissioner of education and the commissioner.
(d)
Upon completion of the development of college readiness
standards, the statewide discipline-based college readiness vertical teams
shall develop recommendations for curriculum alignment with college readiness
standards and other materials as defined in Texas Education Code, §28.008(b)(2)
- (5). The teams shall be re-constituted at that time to ensure that a maximum
of 60 percent of each of the re-constituted statewide discipline-based college
readiness vertical teams shall be composed of secondary public education teachers
employed full-time in Texas public school districts.
(e)
In conjunction with the vertical teams, the commissioner
shall appoint an advisory committee of no fewer than 12 members and no greater
than 15 members that include representatives from each of the six targeted
cluster industries as defined by the governor, to review and make recommendations
regarding development of college readiness standards in each of the four subject
matter areas.
§4.176.Appointment of Higher Education Faculty to the Statewide Discipline-Based College Readiness Vertical Teams.
(a)
The commissioner shall determine the criteria for selecting
faculty from institutions of higher education for appointment to the four
statewide discipline-based college readiness vertical teams.
(b)
The commissioner shall solicit recommendations for appointment
from institutions of higher education and appropriate higher education organizations.
(c)
Appointments by the commissioner to the statewide discipline-based
college readiness vertical teams outlined in §4.173(a) shall be made
no later than December 29, 2006.
(d)
Members representing institutions of higher education on
the statewide discipline-based college readiness vertical teams outlined in §4.173(a)
may be removed or replaced at the discretion of the commissioner.
§4.177.Criteria for Student Participation and Institutional and Public School Eligibility for Implementing Programs to Enhance Student Success.
(a)
Summer higher education bridge programs. The purpose of
this program is for institutions of higher education to provide public high
school students who are not college-ready with appropriate instruction and
other activities during summer programs to ensure eligible students achieve
college readiness.
(1)
Only institutions offering summer bridge programs outlined
under Texas Education Code, §61.0762, shall be subject to this subsection.
(2)
Each year for which state appropriations or other funding
is available, the commissioner or his/her designee shall issue a request for
proposal/application, memorandum of understanding, or other agreement for
institutions to implement summer bridge programs under this subsection. The
focus of these programs shall include mathematics, science, and/or English
language arts for the following categories of public high school students:
(A)
Exiting 12th grade students, in the summer following their
senior year, who have not met the minimum passing standards for college readiness
as outlined under §4.57 of this title (relating to Minimum Passing Standards)
or who are not exempt from requirements of the Texas Success Initiative as
outlined under §4.54 of this title (relating to Exemptions/Exceptions);
or
(B)
10th and 11th grade students, in the summer following their
sophomore and junior year, respectively, who have not achieved the predicted
score for college readiness on the Texas Assessment of Knowledge and Skills,
or appropriate college readiness predictors or scores on other assessments
of college readiness as determined by the commissioner.
(3)
Other qualifications or requirements for student participation,
public school eligibility, and institutional eligibility for implementing
summer bridge programs shall be outlined in the request for proposal/application,
memorandum of understanding, or other agreement.
(b)
Developmental education initiatives. The purpose of this
program is to provide incentive funding to institutions who commit to implementing
research-based and/or innovative developmental education initiatives.
(1)
Only institutions offering developmental education initiatives
under Texas Education Code, §61.0762, shall be subject to this subsection.
(2)
Each year for which state appropriations or other funding
is available, the commissioner or his/her designee shall issue a request for
proposal/application, memorandum of understanding, or other agreement for
institutions to implement developmental education initiatives under this subsection.
The focus of these programs shall include mathematics, science, and/or English
language arts for students who have not met the minimum passing standards
for college readiness as outlined under §4.57 of this title (relating
to Minimum Passing Standards) or who are not exempt from requirements of the
Texas Success Initiative as outlined under §4.54 of this title (relating
to Exemptions/Exceptions).
(c)
Financial aid for college readiness and college entrance
assessments. The purpose of this program is to obtain early assessments of
college readiness and preparation of high school students.
(1)
Financial aid shall be provided for each eligible high
school student on an annual basis as determined by the commissioner.
(2)
Each year for which state appropriations or other funding
is available, the commissioner or his/her designee shall determine the college
readiness and college entrance assessments that will be funded under this
subsection.
(d)
Professional development for higher education faculty.
The purpose of this program is to provide higher education faculty with professional
development programs or activities on college readiness standards and the
implications of these standards on instruction.
(1)
Only institutions offering professional development for
faculty outlined under Texas Education Code, §61.0762, shall be subject
to this subsection.
(2)
Each year for which state appropriations or other funding
is available, the commissioner or his/her designee shall issue a request for
proposal/application, memorandum of understanding, or other agreement for
institutions to implement activities or programs of professional development
for faculty under this subsection. The focus of these programs shall be limited
to faculty who have responsibilities for developmental education and entry-level
courses and to the knowledge and skills, reflected in the college readiness
standards, that faculty can reasonably expect students to have achieved who
are entering those courses from public schools.
(3)
Other qualifications or requirements for institutional
eligibility for implementing faculty professional development activities and
programs shall be outlined in the request for proposal/application, memorandum
of understanding, or agreement.
(e)
Other programs that support the participation and success
goals of Closing the Gaps by 2015. Additional programs may be identified by
the commissioner to address the participation and success goals of Closing
the Gaps by 2015. As programs are identified, qualifications and requirements
for student participation and institutional or public school eligibility shall
be determined by the commissioner or his/her designee.
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 January 29, 2007.
TRD-200700237
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 18, 2007
Proposal publication date: December 8, 2006
For further information, please call: (512) 427-6114
Subchapter X. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter H. P-16 COLLEGE-READINESS AND SUCCESS
Chapter 21.
STUDENT SERVICES