Emergency Rules Title 19

TITLE 19. EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

Subchapter I. WORK-STUDY STUDENT MENTORSHIP PROGRAM

19 TAC §§4.191 - 4.196

The Texas Higher Education Coordinating Board adopts, on an emergency basis, new §§4.191 - 4.196, concerning Work-Study Student Mentorship Program.

The new sections are adopted, on an emergency basis, pursuant to §2001.034 of the Government Code, which allows a state agency to adopt emergency rules if a requirement of state or federal law requires adoption of the rules on less than 30 days notice. Specifically, these new sections are being adopted on an emergency basis under the provisions of Texas Education Code §56.079, added by Senate Bill 1050, §2 (80th Texas Legislature) which states, "The Texas Higher Education Coordinating Board shall adopt rules relating to the administration of the work-study student mentorship program under §56.079, Education Code, as amended by the Act, as soon as practicable after the effective date of this Act." The new sections describe the Work-Study Student Mentorship Program.

The new sections are adopted, on an emergency basis, under the Texas Education Code, §2001.034, which give the Coordinating Board the authority to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice, and Texas Education Code, §56.079, which authorizes the Coordinating Board to adopt rules concerning the work-study student mentorship program.

§4.191.Purpose.

The purpose of this subchapter is to establish rules for implementation of the Work-Study Student Mentorship Program, separate and distinct from the Texas College Work-Study Program outlined under Chapter 22, Subchapter M of this title (relating to Texas College-Work Study Program).

§4.192.Authority.

Texas Education Code, §56.077 authorizes the Coordinating Board to adopt rules to enforce the requirements, conditions, and limitations of §56.079 concerning the Work-Study Mentorship Program.

§4.193.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(3) Financial need--An indication of a student's inability to meet the full cost of attending a college or university, measured by an income methodology, which considers a student to have financial need if his or her adjusted gross annual income is less than income levels set annually by the Commissioner. If the student is a dependent, the family's adjusted gross family income is considered; if the student is independent, only the student's income (and the income of the student's spouse, if he or she is married) are considered.

(4) Mentor--An eligible student employed to:

(A) help students at participating eligible institutions or to help high school students in participating school districts; or

(B) counsel high school students at GO Centers or similar high school-based recruiting centers designed to improve access to higher education.

(5) Participating Entity--An eligible institution, a school district, or a nonprofit organization that has filed a memorandum of understanding with the Coordinating Board under this subchapter.

(6) Program--The Work-Study Student Mentorship Program.

§4.194.Eligibility and Program Requirements.

(a) Eligible Institution. The following Texas institutions of higher education are eligible to participate in the Program:

(1) any public technical college, public junior or community college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003; or

(2) a private or independent institution of higher education, as defined by Texas Education Code §61.003(15), other than a private or independent institution of higher education offering only professional or graduate degrees.

(b) Eligible Student Mentors. To be eligible for employment in the Program, a student mentor shall:

(1) be a Texas resident determined in accordance with §§21.727 - 21.736 of this title (relating to Determining Residence Status);

(2) be enrolled for at least one-half of a full course load in a program of study;

(3) establish financial need as set forth under this section; and

(4) not receive an athletic scholarship or not be enrolled in a seminary or other program leading to ordination or licensure to preach for a religious sect or to be a member of a religious order; and

(5) receive appropriate training as determined by the Commissioner or Board staff.

(c) Participating Entities. To participate in the Program, an eligible institution and one or more school districts or nonprofit organizations shall file with the Coordinating Board a memorandum of understanding detailing the roles and responsibilities of each participating entity.

(d) Criteria for Participation and Program Requirements. Additional criteria for participation and program requirements shall be determined in consultation with participating entities and set forth in Commissioner's policies. The Commissioner's policies shall be reviewed periodically to determine the effectiveness and success of the Program.

§4.195.Allocations and Disbursement of Funds.

(a) Allocations. The Board shall allocate Program funds to participating institutions according to criteria established by the Commissioner. At the beginning of each academic year, the year's full allocation will be provided to each participating institution.

(b) Reallocations. Institutions shall have until a date specified by the Commissioner to encumber all funds allocated. On that date, institutions lose claim to unencumbered funds and the unencumbered funds are available to the Commissioner for reallocation to other institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

(c) Program funds may be used during any academic period for which mentorship opportunities are needed by participating entities as long as student mentors meet eligibility requirements as outlined under §4.194(b) of this title (relating to Eligibility and Program Requirements).

§4.196.Reporting.

(a) Not later than November 1 of each year, each institution participating in the Program shall report to the Coordinating Board on the progress made by students being assisted through the Program. The report shall include:

(1) the number of students employed as mentors in the preceding year;

(2) the number of students from the participating institution receiving mentoring in the preceding year;

(3) the number of high school students receiving mentoring or counseling from students of the participating institution in the preceding year;

(4) information relating to the costs of the program; and

(5) the academic progress made by student mentors, students of the participating institution receiving mentoring, and high school students receiving mentoring or counseling from students of the participating institution in the preceding year.

(b) The Coordinating Board shall establish reporting requirements and forms to be completed by participating institutions in the Program.

This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 29, 2007.

TRD-200702788

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective Date: June 29, 2007

Expiration Date: October 26, 2007

For further information, please call: (512) 427-6114

Chapter 5. RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

Subchapter A. GENERAL PROVISIONS

19 TAC §5.5

The Texas Higher Education Coordinating Board adopts, on an emergency basis, amendments to §5.5, concerning the uniform admission policy.

The amendments are being adopted on an emergency basis pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. Specifically these amendments are being adopted on an emergency basis under the provisions of Texas Education Code §51.807 enacted as part of House Bill 3826. The amendment is required to permit institutions of higher education that may be uncertain how to apply House Bill 3826, enacted by the 80th Legislature, a two-year period in which they may continue to admit students who have not taken the recommended high school program.

The amendments are adopted, on an emergency basis, under the Texas Government Code, §2001.034, which gives the Coordinating Board the authority to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice, and Texas Education Code §51.807 which authorizes the Coordinating Board to adopt rules concerning the uniform admission policy.

§5.5.Uniform Admission Policy.

(a) - (f) (No change.)

(g) In exercising its discretion in accordance with Texas Education Code, §51.804, whether to adopt an admissions policy for each academic year for first-time freshman students, the governing board of each general academic teaching institution may elect to admit students who do not meet the requirements of Texas Education Code, §51.803, but who qualify for admission under one or more of the factors listed in Texas Education Code, §51.805(b). However, the total number of such students who are admitted in an academic year may not exceed 20% of the total number of first-time freshman students admitted by the institution for that academic year. This subsection expires August 31, 2009.