Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES
19 TAC §4.85
The Texas Higher Education Coordinating Board proposes an
amendment to §4.85, concerning Dual Credit Requirements. Specifically,
this amendment will provide more high school students with access to college-level
courses.
Dr. Glenda O. Barron, Associate Commissioner of Participation and Success,
has determined that for each year of the first five years the amendment is
in effect, there will not be any fiscal implications to state or local government
as a result of enforcing or administering the amendment.
Dr. Barron 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 amendment will be providing more high school students with
access to college-level courses. There is no effect on small businesses. There
is 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 Glenda O. Barron, Associate
Commissioner of Participation and Success, P.O. Box 12788, Austin, Texas 78711
or via email at Glenda.Barron@thecb.state.tx.us. Comments will be accepted
for 30 days following publication of the proposal in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §§29.182,
29.184, 61.027, 61.076(J), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provides the Coordinating Board with the authority to regulate dual
credit partnerships between public two-year associate degree-granting institution
and public universities with secondary schools.
The amendment affects §§29.182, 29.184, 61.027, 61.076(J), 130.001(b)(3)
- (4), 130.008, 130.090, and 135.06(d).
§4.85.Dual Credit Requirements
(a)
(No change.)
(b)
Student Eligibility.
(1)
(No change.)
(2)
An eleventh grade high school student is also eligible
to enroll in dual credit courses
under either of the following conditions;
(A)
[
(B)
the student achieves a combined
score of 107 on the PSAT/NMSQT with a minimum of 50 on the critical reading
and/or mathematics test relevant to the courses to be attempted. An eligible
high school student who has enrolled in dual credit under this provision must
demonstrate eligibility to enroll in dual credit courses in twelfth grade.
(3) - (9)
(No change.)
(c) - (i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700417
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
19 TAC §4.107
The Texas Higher Education Coordinating Board proposes amendments
to §4.107(c)(6) concerning Coordinating Board approval of Study-in-America
and Study-Abroad courses. Specifically, this amendment will eliminate the
need for institutions of higher education to seek approval for courses offered
out-of-state and out-of-country to regularly enrolled students in order to
submit the semester credit hours generated by these enrollments for formula
funding. Institutions of higher education consistently offer high-quality
courses in other states and countries to enhance student learning. The current
approval process has no appreciable oversight function and will enable Coordinating
Board staff to focus on more important agency priorities.
Dr. Joseph H. Stafford, Assistant Commissioner for Academic Affairs and
Research, has determined that, for each year of the first five years the section
is in effect, there will not be any fiscal implications to state or local
government as a result of this rule change.
Dr. Stafford 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 the reassignment of agency staff time
to more important work for the state 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 Joseph H. Stafford, Assistant
Commissioner for Academic Affairs and Research, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, Texas 78711 or joe.stafford@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §61.051(j),
which provides the Coordinating Board with the authority to approve courses
for credit, distance education, and extension programs.
The amendment affects the Texas Education Code, §61.051(j).
§4.107.Standards and Criteria for Distance Education, Off-Campus Instruction, and On-Campus Extension Courses and Programs.
(a) - (b)
(No change.)
(c)
The following provisions apply to all courses covered under
this subchapter, unless otherwise specified:
(1) - (5)
(No change.)
[
(6)
[
(A)
Courses which offer either academic credit or Continuing
Education Units shall do so in accordance with the standards of the Commission
on Colleges of the Southern Association of Colleges and Schools.
(B)
Except for students in out-of-country courses, students
shall satisfy the same requirements for enrollment in an academic credit course
as required of on-campus students. Out-of-country students shall be assessed
for academic guidance purposes.
(C)
Faculty shall be selected and evaluated by equivalent standards,
review, and approval procedures used by the institution to select and evaluate
faculty responsible for on-campus courses.
(D)
Institutions shall provide training and support to enhance
the added skills required of faculty teaching courses through electronic means.
(E)
The instructor of record shall bear responsibility for
the delivery of instruction and for evaluation of student progress.
(F)
Faculty for graduate-level courses shall be approved in
the same manner as graduate faculty for on-campus courses.
(G)
All courses shall be appropriately integrated with the
entity or entities administering the corresponding on-campus courses. The
supervision, monitoring, and evaluation processes for instructors shall be
equivalent to those for on-campus courses.
(H)
Students shall be provided academic support services appropriate
for distance education and off-campus learners, such as academic advising,
career counseling, library and other learning resources, and financial aid.
(I)
Facilities (other than homes as distance education reception
sites) shall be comparable in quality to those for on-campus courses.
(J)
Institutions shall adhere to additional criteria outlined
in the Guidelines for Institutional Reports for Distance Education and Off-Campus
Instruction.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700410
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
Subchapter B. ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES
19 TAC §5.24
The Texas Higher Education Coordinating Board proposes amendments
to §5.24(b) concerning preliminary authority for doctoral programs. Specifically,
the Graduate Education Advisory Committee proposes two changes. The first
change would replace the word "mission" in criterion (b)(3) with the word
"discipline." This amendment reflects better the purpose of the criterion.
For certain disciplines, the primary educational level is graduate; and institutions
may not have undergraduate programs in the area. The second change is the
addition of another criterion. This criterion would require institutions to
provide a plan for external program accreditation, licensing, or other professional
recognition, if applicable to the profession.
Dr. Joseph H. Stafford, Assistant Commissioner for Academic Affairs and
Research, has determined that, for each year of the first five years the section
is in effect, there will not be any fiscal implications to state or local
government as a result of this rule change.
Dr. Stafford 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 would be in ensuring the need and quality of
new doctoral program offerings. 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 Joseph H. Stafford, Assistant
Commissioner for Academic Affairs and Research, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, TX 78711 or joe.stafford@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §61.051(e),
which provides the Coordinating Board with the authority to review and approve
institutions' table of programs.
The amendment affects the Texas Education Code, §61.051(e).
§5.24.Criteria and Approval of Mission Statements and Tables of Programs.
(a)
(No change.)
(b)
In reviewing a request for preliminary authority to add
a doctoral program to the institution's Table of Programs, the Board shall
consider the criteria set out in subsection (a) of this section and the following
additional criteria:
(1) - (2)
(No change.)
(3)
if appropriate to
the discipline
[
(4) - (8)
(No change.)
(9)
where appropriate, a demonstration
of plans for external accreditation, licensing, or other applicable professional
recognition of the program.
(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 February 12, 2007.
TRD-200700409
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
Subchapter K. REPORTS
19 TAC §17.101
The Texas Higher Education Coordinating Board proposes amendments
to §17.101, concerning Campus Planning. Specifically, the amendments
to §17.101(2)(B) will provide consistency in reporting dates for institutional
master plan reports and would raise the threshold to capture major capital
expenditures for institutions.
Ms. Susan Brown, Assistant Commissioner for Planning and Accountability
has determined that for each year of the first five years the amendment is
in effect, there will not be any fiscal implications to state or local government
as a result of enforcing or administering the amendment.
Ms. Brown, Assistant Commissioner for Planning and Accountability 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 amendment
will be the a reduction in administrative burden to the institutions. 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 Jeff Treichel, Director Finance
and Resource Planning, P.O. Box 12788, Austin, Texas 78711; jeff.treichel@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, §61.027
and §61.0582.
The amendment affects the Texas Education Code §61.0582.
§17.101.Institutional Reports.
Institutions of higher education shall submit current data to the Board
for the following reports:
(1)
(No change.)
(2)
Facilities Development Reports. The Board shall consider
projects that are included in the facilities development plans (MP1 and MP2).
A project that is not included in the plan may be considered if the Board
determines that the institution, even with careful planning, could not reasonably
have foreseen the project need.
(A)
(No change.)
(B)
Campus Deferred Maintenance Plan (MP2). On or before
July 1
[
(i) - (ii)
(No change.)
(iii)
the amount of an institution's facilities critical backlogged
or deferred maintenance needs for the next five years that cost
$25,000
[
(iv) - (v)
(No change.)
(C)
(No change.)
(3) - (5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700418
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
19 TAC §21.255
The Texas Higher Education Coordinating Board proposes an
amendment to §21.255, concerning the Physician Education Loan Repayment
Program.
Specifically, the proposed amendment would add to the list of specified
state agencies the Texas Department of Aging and Disability Services (DADS),
which was inadvertently omitted from this rule when the names of two former
state agencies were updated in program rules in July 2006. The acronym for
the Texas Department of State Health Services (DSHS) would also be added.
The section referring to the eligibility of physicians serving in specified
state agencies was updated to reflect agency name changes resulting from the
reorganization of the former Texas Department of Health and Texas Department
of Mental Health and Mental Retardation. The functions of these two agencies
were assigned to the new Texas Department of State Health Services and the
Texas Department of Aging and Disability Services (DADS). However, when the
update was made, the Texas Department of Aging and Disability Services was
inadvertently excluded from the section of the rule that limits the participation
of state agency physicians. The proposed amendment would correct this omission.
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 rule.
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
this change will be that the rule will clearly provide information regarding
limitations on physicians receiving assistance for the first time 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 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 amendment is 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 amendment affects Texas Education Code, §§61.531 - 61.540.
§21.255.Special Limitations.
(a)
An eligible physician is one who:
(1)
is not currently fulfilling an obligation to provide physician
services in the eligible area or facility; and
(2)
has not received start-up assistance from a sponsoring
community under the Medically Underserved Community-State Matching Incentive
Program under Government Code, Chapter 487, Subchapter F.
(b)
Not more than 20 percent of the number of physicians receiving
assistance through the Program each fiscal year shall be first-time applicants
who are employed by the Texas Department of State Health Services
(DSHS),
the Texas Department of Aging and Disability Services (DADS)
, the Texas
Department of Criminal Justice, or the Texas Youth Commission.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700411
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
19 TAC §21.285
The Texas Higher Education Coordinating Board proposes an
amendment to §21.285, concerning the Good Neighbor Scholarship Program.
Specifically, the amendment to §21.285 would clarify that in the process
of selecting scholarship recipients no special consideration will be given
to applicants who are relatives of Board employees. There has been no evidence
of this happening in the past, but a recent audit suggested such safeguards
should be added to program rules.
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 rule.
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 section will be the increased assurance that all scholarship
applicants will be treated uniformly. 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 amendment is proposed under the Texas Education Code, §54.207,
which provides the Coordinating Board with the authority to adopt rules to
carry out the purposes of Texas Education Code, §54.207.
The amendment affects Texas Education Code, §54.207.
§21.285.Selection Procedures.
(a)
Each year eligible institutions may submit scholarship
recommendations (applications) to the Board. Applications for the 12-month
awards must be submitted to the Board no later than March 15.
(1)
Prioritization. Participating institutions will assign
priority numbers to their applicants, so that if all applicants cannot receive
scholarships the Board will know which applicants are given highest priority
by the nominating institutions. Within the confines of the basic allotment
formula the Board will do its best to accommodate institutional priorities.
(2)
Basic allotment. From the pool of valid applications submitted,
the Board shall select:
(A)
up to 10 students per eligible country, plus
(B)
35 students from a Latin American country designated by
the United States Department of State.
(3)
Reallocation of unused scholarships. In the event any nation
fails to have 10 students available and qualified for scholarships or if the
designated country fails to have 35 such students, the Board may allocate
such unused scholarships as determined appropriate, with priority being given
to students from Mexico, except that the total of all scholarships shall not
exceed 235 in a year. If an institution notifies the Board by October 15 of
a selected student's failure to use the offered scholarship, the Board will
offer the scholarships to the first statewide alternate for that country.
Awards canceled after October 15 will be allowed to lapse.
(b)
Under no circumstances shall
any special consideration be given to applicants who are related to employees
of the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700412
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZAITON GRANT PROGRAM
19 TAC §22.33
The Texas Higher Education Coordinating Board proposes new §22.33
concerning Provisions for the Tuition Equalization Grant Program. Specifically,
the new section indicates that the Board will include in its annual financial
aid report to the Legislature a report on the Tuition Equalization Grant Program
(TEG) that gives a breakdown of TEG recipients by ethnicity, indicating the
percentage of each ethnic group that received TEG funds for the academic year
at each institution. This reporting requirement is included in §61.230
of the Texas Education Code and has been met in the past through the statistical
supplement to the Board's annual report. The financial aid report is a more
appropriate place in which to house this information for sharing with the
Legislature.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new section is in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering these changes in the rules.
Ms. Hollis has also determined that for each year of the first five years
the new section is in effect, the public benefit anticipated as a result of
administering the section will be the increased access to the information
by the Legislature. There are no anticipated economic costs to persons who
are required to comply with the sections as proposed. There is no impact on
local employment.
Comments on the proposal may be submitted to 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 adopted under the Texas Education Code, §61.229,
which provides the Coordinating Board with the authority to adopt rules necessary
to implement the Tuition Equalization Grant Program.
The new section affects Texas Education Code, §§61.221 - 61.230.
§22.33.Reporting.
Each year, the Board shall include as a part of the annual financial
aid report mandated in Senate Bill No. 1, Regular Session, General Appropriations
Act (§ 13, page III-50), 79th Texas Legislature, a breakdown of Tuition
Equalization Grant recipients by ethnicity, indicating the percentage of each
ethnic group that received Tuition Equalization Grant funds for the academic
year at each institution.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700419
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
19 TAC §22.234
The Texas Higher Education Coordinating Board proposes an
amendment to §22.234, concerning the Toward EXcellence, Access and Success
(TEXAS) Grant Program.
Specifically, the amendment clarifies how institutions are to determine
award amounts when students enrolled for fewer than nine hours are awarded
TEXAS grants. In particular, they are to take the maximum award for the relevant
term, divide it by 12 to derive a per-hour award amount, and multiply the
results by the number of hours for which the student is actually enrolled.
The inclusion of this formula in rule will help ensure that institutions handle
in a consistent manner awards for students in this situation.
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 rule.
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 section will be an increased consistency in the way awards
are calculated among institutions for students enrolled for fewer than nine
hours. 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 amendment is proposed under the Texas Education Code, §56.303,
which provides the Coordinating Board with the authority to adopt any rules
necessary to administer Texas Education Code, §§56.301 - 56.311.
The amendment affects Texas Education Code, §§56.301 - 56.311.
§22.234.Award Amounts and Adjustments.
(a)
Funding. Funds awarded through this program may not exceed
the amount of appropriations, gifts, grants and other funds that are available
for this use.
(b)
Award Amounts.
(1) - (6)
(No change.)
(7)
An award to an otherwise eligible
student enrolled for less than a three quarter-time load is to be prorated.
The amount he/she can be awarded is equal to the semester's maximum award
for the relevant type of institution, divided by twelve hours and multiplied
by the actual number of hours for which the student enrolled.
(c) - (d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700413
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 19, 2007
For further information, please call: (512) 427-6114
Chapter 102.
EDUCATIONAL PROGRAMS
Subchapter GG. COMMISSIONER'S RULES CONCERNING EARLY COLLEGE EDUCATION PROGRAM
19 TAC §102.1091
The Texas Education Agency (TEA) proposes new §102.1091,
concerning the early college high school program. The proposed new section
would establish the procedures through which a campus may attain designation
as an Early College High School.
The Texas Education Code (TEC), §29.908, added by the 78th Texas Legislature,
2003, authorized the commissioner of education to establish and administer
a middle college education pilot program for students who are at risk of dropping
out of school or who wish to accelerate high school completion. The pilot
program was to provide for a course of study that enabled a participating
student to combine high school courses and college-level courses during Grades
11 and 12. Through the pilot program, a participating student could complete
high school and receive a high school diploma and an associate degree.
Senate Bill (SB) 1146, 79th Texas Legislature, Regular Session, 2005, amended
the TEC, §29.908, establishing the early college education program for
students who are at risk of dropping out of school or who wish to accelerate
completion of the high school program. Rider 59 of SB 1, also passed by the
79th Texas Legislature, Regular Session, 2005, authorizes the use of funds
for programs that show the most potential to improve high school. The early
college education program is to provide for a course of study that enables
a participating student to combine high school courses and college-level courses
during Grades 9 - 12. On or before the fifth anniversary of a student's first
day of high school, a participating student must be able to receive both a
high school diploma and either an associate degree or at least 60 credit hours
toward a baccalaureate degree. TEC, §29.908, authorizes the commissioner
to adopt rules as necessary to establish the early college education program.
In accordance with the TEC, §29.908, the proposed new §102.1091,
Early College High Schools, would establish the requirements necessary for
a school to be designated as an early college high school. The rule would
include definitions and provisions relating to: application for and notification
of designation as an early college high school, conditions of program operation,
programs available to early college high school designees, evaluation of programs,
and renewal or revocation of authority.
Lizzette Gonzalez Reynolds, senior advisor for education initiatives, has
determined that for the first five-year period the new section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the new section. The proposed rule creates a
process that will allow campuses to apply for and be designated as Early College
High Schools. Designation as an Early College High School does not have a
significant financial impact. The TEC, §29.908(c), specifies that a student
participating in the program is entitled to the benefits of the Foundation
School Program in proportion to the amount of time spent by the student on
high school courses while completing the course of study established by the
applicable articulation agreement.
Ms. Reynolds has determined that for each year of the first five years
the new section is in effect the public benefit anticipated as a result of
enforcing the new section will be providing specially designed programs for
students at risk of dropping out of school, as well as students who wish to
complete high school at an accelerated pace, to receive high school graduation
credit along with an associate degree or 60 hours of college credit toward
a baccalaureate degree. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the proposed new section.
The public comment period on the proposal begins February 23,
2007, and ends March 25, 2007. Comments on the proposal may be submitted to
Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education
Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments
may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463- 0028. All requests for a public hearing on
the proposed new section submitted under the Administrative Procedure Act
must be received by the commissioner of education not more than 15 calendar
days after notice of the proposal has been published in the
Texas Register
.
The new section is proposed under the Texas Education Code, §29.908,
which authorizes the commissioner of education to adopt rules as necessary
to administer the Early College Education Program.
The new section implements the Texas Education Code, §29.908.
§102.1091.Early College High Schools.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Agency--Texas Education Agency.
(2)
Commissioner--Commissioner of education.
(3)
Early College High School (ECHS)--A school established
under the Texas Education Code (TEC), §29.908, that enables a student
in Grade 9, 10, 11, or 12 who is at risk of dropping out, as defined by the
TEC, §29.081, or who wishes to accelerate completion of high school to
combine high school courses and college-level courses. An ECHS program must
provide for a course of study that, on or before the fifth anniversary of
a student's first day of high school, enables a participating student to receive
both a high school diploma and either an associate degree or at least 60 credit
hours toward a baccalaureate degree.
(4)
Optional Flexible School Day Program (OFSDP)--A program
approved by the commissioner of education to provide flexible hours and days
of attendance for eligible students in Grades 9 - 12, as defined in §129.1027
of this title (relating to Optional Flexible School Day Program).
(5)
School district--For the purposes of this section, the
definition of school district includes an open-enrollment charter school.
(b)
Application for approval of an ECHS.
(1)
Applicant eligibility. Any school district may submit a
separate application on behalf of each campus it requests to designate as
an ECHS.
(2)
Application process. A school district must submit each
application in accordance with the procedures determined by the commissioner.
(c)
Notification. The Agency will notify each applicant of
its selection or non-selection for designation.
(d)
Conditions of ECHS program operation.
(1)
A school district operating an ECHS program must comply
with all assurances in the program application.
(2)
ECHS approval is valid for a maximum of one year.
(3)
A student enrolled in an ECHS course for high school graduation
credit may not be charged for tuition, fees, or required textbooks.
(e)
Programs available to an approved ECHS.
(1)
Approval as an ECHS will allow a campus to access programs
available to the early college education program.
(2)
An approved ECHS campus may access the OFSDP defined in §129.1027
of this title. An approved ECHS campus is eligible for OFSDP, but must apply
separately in accordance with the TEC, §29.0822, and procedures established
by the commissioner.
(f)
Evaluation of an ECHS program.
(1)
The commissioner will establish specific evaluation procedures
prior to the beginning of each school year.
(2)
Beginning in 2008 - 2009, the commissioner shall adopt
measures, performance standards, and an appeals process. Failure to meet the
standards may result in sanctions under the TEC, Chapter 39, including closure
of the program.
(3)
Beginning in 2009 - 2010, each approved ECHS will be required
to submit information and required data to the Agency each year in a manner
and with a deadline specified by the commissioner. This information must comply
with the measures and performance standards set forth by the commissioner.
(g)
Renewal or revocation of authority.
(1)
In order to renew ECHS approval, a school district must
submit a separate renewal application on behalf of each of its approved campuses
each year.
(2)
The commissioner may deny renewal or revoke the authorization
of an ECHS program based on the following factors:
(A)
noncompliance with application assurances and/or the provisions
of this section;
(B)
lack of program success as evidenced by progress reports
and program data;
(C)
failure to meet performance standards specified in the
application; or
(D)
failure to provide accurate, timely, and complete information
as required by the Agency to evaluate the effectiveness of the ECHS program.
(3)
A decision by the commissioner to deny renewal as or revoke
authorization of an ECHS is final and may not be appealed.
(4)
The commissioner may impose sanctions on a school district
as authorized by the TEC, Chapter 39, Subchapter G, for failure to comply
with the requirements of this section.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 12, 2007.
TRD-200700406
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 475-1497
Subchapter AA. COMMISSIONER'S RULES
if the
]
a
student achieves
a score of 2200 on Mathematics and/or a score of 2200 on English Language
Arts with a writing subsection score of at least 3 on the tenth grade TAKS
relevant to the courses to be attempted. An eligible high school student who
has enrolled in dual credit courses in the eleventh grade
under this
provision
shall not be required to demonstrate further evidence of eligibility
to enroll in dual credit courses in the twelfth grade[
.
]
;
and
Subchapter E. APPROVAL OF DISTANCE EDUCATION, OFF-CAMPUS, AND EXTENSION COURSES AND PROGRAMS FOR PUBLIC INSTITUTIONS
(6)
Study-in-America and Study-Abroad
courses offered by institutions of higher education, or by an approved consortium
composed of Texas public institutions, shall be approved by the Commissioner
in order for the semester credit hours or contact hours generated in those
courses to receive formula funding. The Commissioner shall develop procedures
and standards for Study-in-America and Study-Abroad offerings.]
(7)
] All courses covered under this
subchapter shall meet the quality standards applicable to on-campus courses.
They shall also adhere to the following guidelines and standards:
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
its mission
], the institution has self-sustaining baccalaureate- and master's-level
programs in the field and/or programs in related and supporting areas;
Chapter 17.
CAMPUS PLANNING
October 15
] of every year, an institution shall submit
an update to its Campus Deferred Maintenance Plan (MP2) on file with the Board.
This report does not include capital renewal projects. The report shall include:
$10,000
] or greater;
Chapter 21.
STUDENT SERVICES
Subchapter K. THE GOOD NEIGHBOR SCHOLARSHIP PROGRAM
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
Subchapter L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM
Part 2.
TEXAS EDUCATION AGENCY
Chapter 129.
STUDENT ATTENDANCE