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
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §4.85, concerning Dual Credit Requirements, with one technical, non-substantive, grammatical modification made; the word "and" was changed to the word "or" in §4.85(b)(2)(A), to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 701). Specifically, this adopted amendment will provide more high school students with access to college-level courses.
The following comments were received regarding the amendments.
Comment: A comment was received from the American College Testing Program (ACT). ACT requests that the PLAN assessment be included as an option for students.
Response: Staff responded that, upon receipt of valid score information, a rule change to include PLAN would be presented to the Board in July 2007.
The amendments are adopted 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.
§4.85.Dual Credit Requirements.
(a) Eligible Courses.
(1) Courses offered for dual credit by public two-year associate degree granting institutions must be identified as college-level academic courses in the current edition of the Lower Division Academic Course Guide Manual adopted by the Board or as college-level workforce education courses in the current edition of the Workforce Education Course Manual adopted by the Board.
(2) Courses offered for dual credit by public universities must be in the approved undergraduate course inventory of the university.
(3) Public colleges may not offer remedial and developmental courses for dual credit.
(b) Student Eligibility.
(1) A high school student is eligible to enroll in dual credit courses in the eleventh and/or twelfth grade if the student:
(A) demonstrates college readiness by achieving the minimum passing standards under the provisions of the Texas Success Initiative as set forth in §4.57 of this title (relating to Minimum Passing Standards) on relevant section(s) of an assessment instrument approved by the Board as set forth in §4.56 of this title (relating to Assessment Instruments); or
(B) demonstrates that he or she is exempt under the provisions of the Texas Success Initiative as set forth §4.54 of this title (relating to Exemptions/Exceptions).
(2) An eleventh grade high school student is also eligible to enroll in dual credit courses under either of the following conditions;
(A) 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; or
(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) A high school student is eligible to enroll in workforce education dual credit courses in the eleventh and/or twelfth grade if the student demonstrates that he or she has achieved the minimum high school passing standard on the Mathematics section and/or the English/Language Arts section on the tenth or eleventh grade TAKS.
(A) A student may enroll only in those workforce education dual credit courses for which the student has demonstrated eligibility.
(B) A student who is exempt from taking TAKS may be otherwise evaluated by an institution to determine eligibility for enrolling in workforce education dual credit courses.
(4) Students who are enrolled in private or non-accredited secondary schools or who are home-schooled must satisfy paragraphs (1) - (3) of this subsection.
(5) To be eligible for enrollment in a dual credit course offered by a public college, students must meet all the college's regular prerequisite requirements designated for that course (e.g., minimum score on a specified placement test, minimum grade in a specified previous course, etc.).
(6) To be eligible for enrollment in a dual credit course offered by a public college, students must have at least junior year high school standing. Exceptions to this requirement for students with demonstrated outstanding academic performance and capability (as evidenced by grade-point average, PSAT/NMSQT scores, or other assessment indicators) may be approved by the principal of the high school and the chief academic officer of the college. Students with less than junior year high school standing must demonstrate eligibility as outlined under subsection (b)(1) of this section.
(7) High school students shall not be enrolled in more than two dual credit courses per semester. Exceptions to this requirement for students with demonstrated outstanding academic performance and capability (as evidenced by grade-point average, ACT or SAT scores, or other assessment indicators) may be approved by the principal of the high school and the chief academic officer of the college.
(8) An institution may impose additional requirements for enrollment in courses for dual credit that do not conflict with this section.
(9) An institution is not required, under the provisions of this section, to offer dual credit courses for high school students.
(c) Location of Class. Dual credit courses may be taught on the college campus or on the high school campus. For dual credit courses taught exclusively to high school students on the high school campus and for dual credit courses taught electronically, public colleges shall comply with applicable rules and procedures for offering courses at a distance in §§4.101 - 4.108 of this title (relating to Distance Education and Off-Campus Instruction). In addition, dual credit courses taught electronically shall comply with the Board's adopted Principles of Good Practice for Courses Offered Electronically.
(d) Composition of Class. Dual credit courses may be composed of dual credit students only or of dual and college credit students. Exceptions for a mixed class, which would also include high school credit-only students, may be allowed only under one of the following conditions:
(1) If the course involved is required for completion under the State Board of Education Recommended or Distinguished Achievement High School Program graduation requirements, and the high school involved is otherwise unable to offer such a course.
(2) If the high school credit-only students are College Board Advanced Placement students.
(3) If the course is a career and technology/college workforce education course and the high school credit-only students are earning articulated college credit.
(e) Faculty Selection, Supervision, and Evaluation.
(1) The college shall select instructors of dual credit courses. These instructors must be regularly employed faculty members of the college or must meet the same standards (including minimal requirements of the Southern Association of Colleges and Schools) and approval procedures used by the college to select faculty responsible for teaching the same courses at the main campus of the college.
(2) The college shall supervise and evaluate instructors of dual credit courses using the same or comparable procedures used for faculty at the main campus of the college.
(f) Course Curriculum, Instruction, and Grading. The college shall ensure that a dual credit course and the corresponding course offered at the main campus of the college are equivalent with respect to the curriculum, materials, instruction, and method/rigor of student evaluation. These standards must be upheld regardless of the student composition of the class.
(g) Academic Policies and Student Support Services.
(1) Regular academic policies applicable to courses taught at the college's main campus must also apply to dual credit courses. These policies could include the appeal process for disputed grades, drop policy, the communication of grading policy to students, when the syllabus must be distributed, etc.
(2) Students in dual credit courses must be eligible to utilize the same or comparable support services that are afforded college students on the main campus. The college is responsible for ensuring timely and efficient access to such services (e.g., academic advising and counseling), to learning materials (e.g., library resources), and to other benefits for which the student may be eligible.
(h) Transcripting of Credit. For dual credit courses, high school as well as college credit should be transcripted immediately upon a student's completion of the performance required in the course.
(i) Funding.
(1) The state funding for dual credit courses will be available to both public school districts and colleges based on the current funding rules of the State Board of Education and the Board.
(2) The college may claim funding for all students getting college credit in dual credit courses.
(3) All public colleges, universities, and health-related institutions may waive all or part of tuition and fees for a Texas high school student enrolled in a course for which the student may receive dual course credit.
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 April 24, 2007.
TRD-200701540
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §4.175, concerning Composition and Duties of Statewide Discipline-Based College Readiness Vertical Teams, without changes to the proposed text as published in the March 9, 2007, issue of the Texas Register (32 TexReg 1183). Specifically, this adopted amendment removes language related to an appointment of an advisory committee that is no longer needed, since there will be an appointment of a special commission of stakeholders that will serve the same purpose of ensuring college readiness standards are adequate to address workplace competencies. Therefore, this subsection of the rules is unnecessary.
There were no comments received regarding the amendments.
The amendments are adopted under the Texas Education Code, §28.008, which provides the commissioner with the authority to determine, in cooperation with the commissioner of education, the composition of statewide discipline-based college-readiness vertical 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 April 24, 2007.
TRD-200701541
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 14, 2007
Proposal publication date: March 9, 2007
For further information, please call: (512) 427-6114
Subchapter B. ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §5.24 concerning preliminary authority for doctoral programs without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 703). Specifically, these adopted amendments are: To replace the word "mission" in criterion (b)(3) with the word "discipline." To add another criterion as (b)(9). This new criterion would require institutions to provide a plan for external program accreditation, licensing, or other professional recognition, if applicable to the profession.
One comment was received regarding this amendment.
Comment: The University of Texas at Dallas commented that they were in support of the rule changes.
Response: Staff received comment and no further changes were made.
The amendment is adopted under the Texas Education Code, §61.051(e), which provides the Coordinating Board with the authority to review and approve institutions' table of programs.
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 April 24, 2007.
TRD-200701542
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 427-6114
Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
The Texas Higher Education Coordinating Board adopts an amendment to §21.255 concerning the Physician Education Loan Repayment Program, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 704). 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.
No comments were received regarding the amendments.
The amendments are adopted 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.
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 April 24, 2007.
TRD-200701543
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts an amendment to §21.285 concerning The Good Neighbor Scholarship Program, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 705). 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.
No comments were received regarding the amendment.
The amendment is adopted 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.
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 April 24, 2007.
TRD-200701544
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: April 24, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 427-6114
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
The Texas Higher Education Coordinating Board adopts new §22.33, concerning the Tuition Equalization Grant Program, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 705).
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.
No comments were received regarding the new section.
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.
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 April 24, 2007.
TRD-200701546
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts an amendment to §22.234, concerning the Towards EXcellence, Access, and Success (TEXAS) Grant Program, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 706).
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.
No comments were received regarding the amendment.
The amendment is adopted 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.
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 April 24, 2007.
TRD-200701547
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 427-6114