Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 6. HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS
Subchapter C. TOBACCO LAWSUIT SETTLEMENT FUNDS
The Texas Higher Education Coordinating Board proposes amendments to §6.73, and §6.74, concerning the administration of the Nursing, Allied Health and Other Health-related Education Grant Program and the Minority Health Research and Education Grant Program. Specifically, changes will substitute the "Board" for "Commissioner" as the responsible body for making funding decisions. Other changes extend the range of minimum and maximum awards and the award length for both grant programs. Other changes eliminate the word "peer" from "peer reviewer" and expand the definition of appropriate reviewers to evaluate applications for both grant programs. Other changes allow the Board to adjust award criteria and weights to individual grant competitions and eliminate similar language that only applied to competitive grants in nursing education. Other changes allow oral presentations by highly-ranked applications to be considered in award decisions under the Minority Health Research and Education Grant Program as they are for the Nursing, Allied Health and Other Health-related Education Grant Program. Finally, changes extend the effective dates of §6.73(h) consistent with Texas Education Code, §63.202(f) and (g).
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 effective grant programs. 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, §63.202(c) and §63.302(d) which provide the Coordinating Board with the authority to establish rules for the grant programs.
The amendment affects the Texas Education Code, §§63.201 - 63.203 and §§63.301 - 62.302.
§6.73.Nursing, Allied Health and Other Health-Related Education Grant Program.
(a) General Information. The program, as it applies to this section:
(1) - (6) (No change.)
(7) General Selection Criteria--Competitive. The Program is designed to award grants that provide the best overall value to the state. Selection criteria shall be based on:
(A) Program quality as determined by [peer] reviewers;
(B) - (D) (No change.)
(8) Minimum award--$15,000 [$75,000]
per award in any fiscal year.
(9) Maximum award--30 [15] percent
of the estimated available funding per award in any fiscal year.
(10) Maximum award length--A program is eligible to
receive funding for up to three [two] years
within a grant period [fiscal biennium]. Previously
funded programs may reapply to receive funding for one
additional grant period [funding biennium].
(b) Review Criteria [Peer Review].
(1) The Board shall use peer and Board staff reviewers to evaluate the quality of applications.
(2) The Commissioner shall select qualified individuals
to serve as reviewers. Reviewers [Peer reviewers]
shall demonstrate appropriate credentials to evaluate grant applications
in health education. Reviewers shall not evaluate any applications
for which they have a conflict of interest.
(3) The Board staff shall provide written instructions
and training for [peer] reviewers.
(4) The [peer] reviewers shall score each
application according to these award criteria and weights:
(A) - (F) (No change.)
(5) Award criteria and weights may be adjusted to best fulfill the purpose of an individual grant competition, if those adjusted award criteria and weights are first included in the Request for Proposal for the grant competition.
(c) Application and Review Process.
(1) The Commissioner may solicit recommendations from
an advisory committee or other group of qualified individuals on funding
priorities for each [biennial
] grant period, and the administration
of the application and review process.
(2) The Board staff shall review applications to determine
if they adhere to the grant program requirements and the funding priorities
contained in the Request for Proposal. An application must meet the
requirements of the Request for Proposal and be submitted with proper
authorization before or on the day specified by the Board to qualify
for further consideration. Qualified applications shall be forwarded
to the [peer] reviewers for evaluation. Board staff shall
notify applicants eliminated through the screening process within
30 days of the submission deadline.
(3) Reviewers [Peer reviewers]
shall evaluate applications and assign scores based on award criteria.
All evaluations and scores of the review committee are final.
(4) Board staff shall rank each application based on
points assigned by [peer] reviewers, and then may request
that individuals representing the most highly-ranked applications
make oral presentations on their applications to the [peer]
reviewers and other Board staff. The Board staff may consider
reviewer comments from the oral presentations in recommending a priority
ranked list of applications to the Board [Commissioner]
for approval.
(d) Funding Decisions.
(1) (No change.)
(2) The Board shall [delegates to the
Commissioner, the authority to] approve grants upon the recommendation
of the panel of [peer
] reviewers and Board staff. The Commissioner
shall report approved grants to the Board for each biennial grant period.
(3) Funding recommendations to the Board [Commissioner
] shall consist of the most highly ranked and recommended
applications up to the limit of available funds. If available funds
are insufficient to fund a proposal after the higher-ranking and recommended
applications have been funded, staff shall negotiate with the applicant
to determine if a lesser amount would be acceptable. If the applicant
does not agree to the lesser amount, the staff shall negotiate with
the next applicant on the ranked list. The process shall be continued
until all grant funds are awarded to the most highly ranked and recommended applications.
(e) Contract. Following approval of grant awards by the Board [
Commissioner], the successful applicants
must sign a contract issued by Board staff and based on the information
contained in the application.
(f) - (g) (No change.)
(h) This subsection pertains to the 2008-09 [2004-05] and
2010-11 [2006-07] biennia
only (rules are effective only from September 1, 2007 [2003
] to August 31, 2011 [2007]).
(1) Funds available to the program for the 2008-09 [
2004-05] and 2010-11 [2006-07] biennia
will be distributed as grants in proportions determined by the Board
[Commissioner] through one or more programs that
are based on:
(A) a competitive, peer- or staff-reviewed process for eligible institutions proposing to address the shortage of registered nurses and nursing faculty, as described in subsections (a) - (g) of this section unless amended in subsections (h)(2) and (h)(3) of this section;
(B) - (C) (No change.)
(2) (No change.)
(3) In subsections (a)(5), (a)(8), (a)(9), (a)(10) and (b)(4), of this section, the following pertain to subsection (h)(1)(A) of this section:
(A) - (D) (No change.)
[(E) Peer review award
criteria and weights may be adjusted to best fulfill the purpose of
the grant program.]
§6.74.Minority Health Research and Education Grant Program.
(a) General Information. The program, as it applies to this section:
(1) - (7) (No change.)
(8) General Selection Criteria--Competitive. Designed to award grants that provide the best overall value to the state. Selection criteria shall be based on:
(A) Program quality as determined by [peer] reviewers;
(B) - (D) (No change.)
(9) Minimum award--$15,000 [$50,000]
per award in any fiscal year.
(10) Maximum award--30 [15] percent
of the estimated available funding per award in any fiscal year.
(11) Maximum award length--A program is eligible to
receive funding for up to three [two] years
within a grant period [fiscal biennium]. Previously
funded programs may reapply to receive funding for one
additional grant period [funding biennium].
(b) Review Criteria [Peer Review].
(1) The Board shall use peer and Board staff reviewers to evaluate the quality of applications.
(2) The Commissioner shall select qualified individuals
to serve as reviewers. Reviewers [Peer reviewers]
shall demonstrate appropriate credentials to evaluate grant applications
in health research and education. Reviewers shall not evaluate any
applications for which they have a conflict of interest.
(3) The Board staff shall provide written instructions
and training for [peer] reviewers.
(4) The [peer] reviewers shall score each
application according to these award criteria and weights:
(A) - (F) (No change.)
(5) Award criteria and weights may be adjusted to best fulfill the purpose of an individual grant competition, if those adjusted award criteria and weights are first included in the Request for Proposal for the grant competition.
(c) Application and Review Process.
(1) The Commissioner may solicit recommendations from
an advisory committee or other group of qualified individuals on funding
priorities for each [biennial
] grant period, and the administration
of the application and review process.
(2) The Board staff shall review applications to determine
if they adhere to the grant program requirements and the funding priorities
contained in the Request for Proposal. An application must meet the
requirements of the Request for Proposal and be submitted with proper
authorization before or on the day specified by the Board to qualify
for further consideration. Qualified applications shall be forwarded
to the [peer] reviewers for evaluation. Board staff shall
notify applicants eliminated through the screening process within
30 days of the submission deadline.
(3) Reviewers [Peer reviewers]
shall evaluate applications and assign scores based on award criteria.
All evaluations and scores of the review committee are final.
(4) Board staff shall rank each application based on
points assigned by [peer] reviewers, and then may
request that individuals representing the most highly-ranked applications
make oral presentations on their applications to the reviewers and
other Board staff. The Board staff may consider reviewer comments
from the oral presentations in recommending [recommend]
a priority ranked list of applications to the Board [Commissioner
] for approval.
(d) Funding Decisions.
(1) (No change.)
(2) The Board shall [delegates to the
Commissioner, the authority to
] approve grants upon the recommendation
of the panel of [peer] reviewers and Board staff. The Commissioner
shall report approved grants to the Board for each biennial grant
period.
(3) Funding recommendations to the Board [Commissioner
] shall consist of the most highly ranked and recommended
applications up to the limit of available funds. If available funds
are insufficient to fund a proposal after the higher-ranking and recommended
applications have been funded, staff shall negotiate with the applicant
to determine if a lesser amount would be acceptable. If the applicant
does not agree to the lesser amount, the staff shall negotiate with
the next applicant on the ranked list. The process shall be continued
until all grant funds are awarded to the most highly ranked and
recommended applications.
(e) Contract. Following approval of grant awards by the Board [
Commissioner] the successful applicants
shall sign a contract issued by Board staff and based on the information
contained in the application.
(f) - (g) (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 April 25, 2008.
TRD-200802184
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114