PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 1.AGENCY ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §1.16, concerning contracts for materials and services, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4244).
Specifically, this amendment will provide that, in the event the Board or the Agency Operations Committee, as applicable, has approved a request for the purchase of materials or services that will result in multiple contracts, any contract of which by itself shall have a cost greater than $100,000 must be approved by the Chair and Vice Chair of the Board. The Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer, in accordance with §1.16(c), shall provide final approval of such contracts if the amount of the contract is less than or equal to $100,000.
There were no comments received regarding this amendment.
The amendment is adopted under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to make rules.
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 August 6, 2009.
TRD-200903369
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §1.19, concerning General Provisions, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3584).
Specifically, the new section would establish procedures concerning professional development through education and training for agency administrators and employees. In order for an agency to provide training and education to its employees, it must adopt rules allowing same. Section 656.048 of the Government Code directs that: "(a) A state agency shall adopt rules relating to: (1) the eligibility of the agency's administrators and employees for training and education supported by the agency; and (2) the obligations assumed by the administrators and employees on receiving the training and education."
There were no comments received regarding this new section.
The new section is adopted under the Texas Education Code, §61.027, which provides the Coordinating Board with general rule making authority, and Article III of the General Appropriations Act of the 80th Texas Legislature.
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 August 6, 2009.
TRD-200903370
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 12, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER M. NOTICE REGARDING THE AVAILABILITY OF HIGHER EDUCATION TEXTBOOKS THROUGH MULTIPLE RETAILERS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§4.215 - 4.218, concerning Notice to Students Regarding the Availability of Higher Education Textbooks through Multiple Retailers, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4245).
Specifically, resulting from House Bill 1096 of the 81st Legislature (Texas Education Code §51.9705), these new sections would require each public institution of higher education to establish a procedure by which each institution of higher education shall provide to each student enrolled at the institution written notice of the availability of required or recommended textbooks through university-affiliated bookstores and through retailers other than university-affiliated bookstores. These new sections describe the timeframe during which an institution shall provide notification.
There were no comments received regarding these new sections.
The new sections are adopted under the Texas Education Code, §51.9705.
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 August 6, 2009.
TRD-200903371
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board adopts an amendment to §5.5, concerning rules applying to the automatic admission of certain high school graduates to public universities, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4246).
Specifically, in compliance with Senate Bill 175, 81st Texas Legislature, the proposed amendments places limits on the percentage of applicants in the top 10 percent of their high school classes in one of the two preceding school years to whom the University of Texas at Austin is required to offer admission.
There were no comments received concerning the amendment.
The amendment is adopted under the Texas Education Code, §51.803(a-1) - (a-5).
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 August 6, 2009.
TRD-200903372
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §5.24, concerning Criteria and Approval of Mission Statements and Tables of Programs, with changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2736).
Specifically, this amendment authorizes the elimination of preliminary authority for programs that meet the following criteria: (a) the program has institutional and Board of Regents approval; (b) the program is a non-doctoral program; (c) the program is a non-engineering program; and (d) the program would be offered by a university or health-related institution. The amendment would also permit the Commissioner of Higher Education to approve doctoral-level preliminary authority requests.
The following comments were received regarding the amendment:
Comment: A comment was received from Texas State University, asking that the rule include a provision for appealing the Commissioner's decision to the Board.
Response: Staff concurred with this comment and added a new §5.24(c)(6).
The amendment is adopted under the Texas Education Code, Chapter 61 which gives the Coordinating Board the authority to regulate the awarding or offering of degrees, credit towards degrees, and the use of certain terms.
§5.24.Criteria and Approval of Mission Statements and Tables of Programs.
(a) In reviewing a request for preliminary authority to add a program (baccalaureate, master's, and doctoral) to the institution's Table of Programs, the Commissioner shall consider:
(1) a demonstrated need for a future program in terms of present and future vocational needs of the state and the nation;
(2) whether the proposed addition would complement and strengthen existing programs at the institution;
(3) whether a future program would unnecessarily duplicate other programs within the region, state, or nation; and
(4) whether a critical mass of students and faculty is likely to be available to allow the program to be offered at a high level of quality and to become self-sufficient on the basis of state funding.
(b) In reviewing a request for preliminary authority to add a doctoral program to the institution's Table of Programs, the Commissioner shall consider the criteria set out in subsection (a) of this section and the following additional criteria:
(1) a demonstrated regional, state, or national unmet need for doctoral graduates in the field, or an unmet need for a doctoral program with a unique approach to the field;
(2) evidence that existing doctoral programs in the state cannot accommodate additional students (or accessibility to these programs is restricted), or that expanding existing programs is not feasible or would not best serve the state;
(3) if appropriate to the discipline, the institution has self-sustaining baccalaureate- and master's-level programs in the field and/or programs in related and supporting areas;
(4) the program has the potential to obtain state or national prominence and the institution has the demonstrable capacity, or is uniquely suited, to offer the program and achieve that targeted prominence;
(5) demonstrated current excellence of the institution's existing undergraduate and graduate degree programs and how this excellence shall be maintained with the development and addition of a high quality doctoral program; measures of excellence include the number of graduates and graduation rates that match or exceed those at peer institutions;
(6) satisfactory placement rates for graduates of the institution's current doctoral programs, with comparison to peer group placement rates when available;
(7) how the program will address Closing The Gaps by 2015;
(8) institutional resources to develop and sustain a high-quality program; and
(9) where appropriate, a demonstration of plans for external accreditation, licensing, or other applicable professional recognition of the program.
(c) Review and Approval Process.
(1) As provided by Texas Education Code, §61.051(e), at least every four years the Board shall review the role and mission statements, the table of programs and all degree and certificate programs offered by each public senior university or health related institution. Requests for preliminary authority for new degree programs shall be presented as part of this review. The review shall include the participation of the institution's board of regents.
(2) The review process shall be determined by the Commissioner, but shall include a review of low-producing degree programs at the institution.
(3) The Board shall approve or re-approve the mission statement. Each institution shall be given an opportunity to be heard by the Board about these matters.
(4) Preliminary authority is not required if a degree program meets all of the following conditions:
(A) The program has institutional and Board of Regents approval.
(B) The program is a non-doctoral program.
(C) The program is a non-engineering program (i.e., not classified under CIP code 14).
(D) The program would be offered by a university or health-related institution.
(5) All other requests for preliminary authority shall be made using the standard preliminary authority request form and shall be approved or denied by the Commissioner.
(6) An institution may appeal decisions regarding preliminary authority to the Board at one of its quarterly meetings.
(7) Outside the normal review process described in paragraph (1) of this subsection, an institution may request of the Board an amendment to its authorized role and mission and/or preliminary authority for additional degree programs at any time the Commissioner determines that compelling circumstances warrant.
(8) After approval or re-approval, requests for new programs and administrative changes shall be considered in the context of the approved role and mission for the institution.
(9) The Commissioner may approve minor changes to the mission statement of an institution during the period between the reviews referenced in paragraph (1) of this subsection.
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 August 6, 2009.
TRD-200903373
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §5.44, concerning Presentation of Requests and Steps for Implementation, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2737).
Specifically, the amendments to §5.44(a) modify the approval process for new bachelor's and master's programs. Approval of new bachelor's and master's programs would be automatic if they meet the following criteria: (a) the program has institutional and Board of Regents approval; (b) the institution certifies compliance with the Standards for New Bachelor's and Master's Programs developed by the Coordinating Board; (c) the institution certifies that adequate funds are available to cover the costs of the program; (d) new costs during the first five years of the program would not exceed $2,000,000; (e) the program is a non-engineering program (i.e., not classified under CIP code 14); (f) the program would be offered by a university or health-related institution; and (g) no objections to the proposed program are received by the Coordinating Board during the 30-day public comment period. The amendments to §5.44(b) clarify the approval process for new undergraduate and graduate certificate programs. Approval would be automatic if a new certificate program meets the following criteria: (a) the certificate program has institutional and Board of Regents approval; (b) the institution certifies that adequate funds are available to cover the costs of the program; (c) the certificate programs meets all other criteria in §5.48; and (d) no objections to the proposed certificate program are received by the Coordinating Board during the 30-day public comment period. The amendments to §5.44(c) clarify the approval process for changes in the administrative structure of an institution of higher education. Approval would be automatic if a an administrative change meets the following criteria: (a) the administrative change has institutional and Board of Regents approval; (b) the institution certifies that adequate funds are available to cover the costs of the administrative change; (c) new costs during the first five years would not exceed $2,000,000; (d) the administrative change meets all other criteria in §5.47; and (e) no objections to the proposed administrative change are received by the Coordinating Board during the 30-day public comment period.
There were no comments received regarding these amendments however, at the July 30, 2009 Coordinating Board meeting, the Board voted to remove "and/or Selected Public Colleges" from Chapter 5 and Subchapter C titles.
The amendments are adopted under the Texas Education Code, Chapter 61 which gives the Coordinating Board the authority to regulate the awarding or offering of degrees, credit towards degrees, and the use of certain terms.
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 August 6, 2009.
TRD-200903374
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §5.52, concerning Assessment of Existing Degree Programs, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2739).
Specifically, new §5.52(a) would require each public institution of higher education to have a process to assess the quality and effectiveness of existing degree programs for continuous improvement and §5.52(b) would authorize the Coordinating Board staff to develop a process for conducting a periodic audit of the quality and effectiveness of existing bachelor's and master's programs at public institutions of higher education.
There were no comments received regarding this new section however at the July 30, 2009 Coordinating Board meeting, the Board voted to remove "and/or Selected Public Colleges" from Chapter 5 and Subchapter C titles.
The new section is adopted under the Texas Education Code, Chapter 61 which gives the Coordinating Board the authority to regulate the awarding or offering of degrees, credit towards degrees, and the use of certain terms.
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 August 6, 2009.
TRD-200903375
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts an amendment to §5.78, concerning Supply/Demand Pathway, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2740).
Specifically, this amendment would change the requirement of an off-campus educational unit on the Supply/Demand Pathway of attaining full-time equivalent enrollments of 3,500 from four fall semesters to one semester to become eligible to be a stand-alone institution.
There were no comments received regarding this amendment.
The amendment is adopted under the Texas Education Code, Chapter 61 which gives the Coordinating Board the authority to regulate the awarding or offering of degrees, credit towards degrees, and the use of certain terms.
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 August 6, 2009.
TRD-200903376
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER F. FORMULA FUNDING AND TUITION CHARGES FOR REPEATED AND EXCESS HOURS OF UNDERGRADUATE STUDENTS
The Texas Higher Education Coordinating Board adopts an amendment to §13.104, concerning rules applying to formula funding and tuition charges for repeated and excess hours of undergraduate students, with changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4248).
Specifically, in compliance with House Bill 101, 81st Texas Legislature, the amendments relate to those hours not subject to the limitation on formula funding set out in §13.103 of the same subchapter and would include hours earned before receiving an associate's degree, dual credit course hours for which the student received credit toward a high school diploma, and semester credit hours earned by the student before graduating from high school and used to satisfy high school graduation requirements.
No comments were received concerning the amendment; however, after the proposed amendment was filed with the Texas Register, Governor Perry vetoed Senate Bill 1343. The rules in §13.104(1) were changed to remove the exemption of hours earned before receiving an associate degree.
The amendment is adopted under the Texas Education Code, §61.0595(d).
§13.104.Exemptions for Excess Hours.
The following types of hours are exempt and are not subject to the limitation on formula funding set out in §13.103 of this title (relating to Limitation on Formula Funding for Excess Hours):
(1) hours earned by the student before receiving a bachelor's degree that has been previously awarded to the student;
(2) hours earned through examination or similar method without registering for a course;
(3) hours from remedial and developmental courses, workforce education courses, or other courses that would not generate academic credit that could be applied to a degree at the institution if the course work is within the 27-hour limit at two-year colleges and the 18-hour limit at general academic institutions;
(4) hours earned by the student at a private institution or an out-of-state institution;
(5) hours not eligible for formula funding; and
(6) semester credit hours earned by the student before graduating from high school and used to satisfy high school graduation requirements.
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 August 6, 2009.
TRD-200903377
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §§13.120 - 13.125, concerning Research Development Fund, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2740).
Specifically, the amendments are needed to streamline and clarify existing rules and to establish new auditing rules. The Restricted Research Review Panel (Review Panel), consisting of representatives from Research Development Fund eligible institutions, would evaluate all restricted research projects, activities, and awards. Current rules provide review for only projects with awards of greater than $250,000. The Review Panel would make a determination on each research award to determine if it should be classified as restricted research. Each institution receiving research development funds would be required to audit the classified awards to ensure that the restricted research awards and related expenditures were properly classified. The audit report would be required and included as part of the annual financial report. The audit report would also include a description of how the restricted research funds were spent. The Commissioner may require a separate audit to verify the submitted information.
There were no comments received regarding these amendments.
The amendments are adopted under the Texas Education Code, Chapter 62, Subchapter E, which creates the Research Development Fund and provides the Coordinating Board with the authority to create the standards and accounting methods for determining the amount of restricted research funds expended by each eligible institution per year, convening a committee to approve those methods, and providing the Comptroller with verified information regarding the apportionment of the funds to each eligible institution.
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 August 6, 2009.
TRD-200903378
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts the repeal of §§13.126 - 13.130, concerning the Research Development Fund, without changes to the proposal as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2743).
Specifically, the repeal is needed to streamline and clarify existing rules and to establish new auditing rules. The Restricted Research Review Panel (Review Panel), consisting of representatives from Research Development Fund eligible institutions, would evaluate all restricted research projects, activities, and awards. Current rules provide review for only projects with awards of greater than $250,000. The Review Panel would make a determination on each research award to determine if it should be classified as restricted research. Each institution receiving research development funds would be required to audit the classified awards to ensure that the restricted research awards and related expenditures were properly classified. The audit report would be required and included as part of the annual financial report. The audit report would also include a description of how the restricted research funds were spent. The Commissioner may require a separate audit to verify the submitted information.
There were no comments received regarding the repeal of these rules.
The repeal is adopted under the Texas Education Code, Chapter 62, Subchapter E, which creates the Research Development Fund and provides the Coordinating Board with the authority to create the standards and accounting methods for determining the amount of restricted research funds expended by each eligible institution per year, convening a committee to approve those methods, and providing the Comptroller of Public Accounts with verified information regarding the apportionment of the funds to each eligible institution.
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 August 6, 2009.
TRD-200903380
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §13.126 and §13.127, concerning Research Development Fund, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2743).
Specifically, the new sections are needed to streamline and clarify existing rules and to establish new auditing rules. The Restricted Research Review Panel (Review Panel), consisting of representatives from Research Development Fund eligible institutions, would evaluate all restricted research projects, activities, and awards. Current rules provide review for only projects with awards of greater than $250,000. The Review Panel would make a determination on each research award to determine if it should be classified as restricted research. Each institution receiving research development funds would be required to audit the classified awards to ensure that the restricted research awards and related expenditures were properly classified. The audit report would be required and included as part of the annual financial report. The audit report would also include a description of how the restricted research funds were spent. The Commissioner may require a separate audit to verify the submitted information.
There were no comments received regarding these new sections.
The new sections are adopted under the Texas Education Code, Chapter 62, Subchapter E, which creates the Research Development Fund and provides the Coordinating Board with the authority to create the standards and accounting methods for determining the amount of restricted research funds expended by each eligible institution per year, convening a committee to approve those methods, and providing the Comptroller of Public Accounts with verified information regarding the apportionment of the funds to each eligible institution.
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 August 6, 2009.
TRD-200903379
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §§13.200 - 13.202, concerning the Engineering Summer Program, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4249).
Specifically these rules describe the Engineering Summer Program (ESP) grant program, including the establishment of eligibility for the Texas general academic institutions and identifying student populations that are encouraged to participate. The new language for these sections align the rules with the statute to clarify that all eligible institutions may receive funding, and amends existing rules to comply with statute by using the term "Engineering Summer Program" instead of "Engineering Summer Camp." The new language incorporates a change from House Bill 2425 that allows participation of private or independent institutions of higher education that offer an engineering degree program.
There were no comments received regarding these amendments.
The amendments are adopted under the Texas Education Code, §61.791(b), which requires the Coordinating Board to establish rules for the ESP 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 August 6, 2009.
TRD-200903381
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §14.1 and §14.2, concerning the General Provisions of the Research Funding Programs, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4250).
Specifically these sections describe the administration of the Norman Hackerman Advanced Research Program, including the establishment of eligibility for Texas higher education institutions. The new language renames the program to the Norman Hackerman Advanced Research Program (NHARP) to reflect the Board's October 2007 decision.
There were no comments received regarding these amendments.
The amendments are adopted under the Texas Education Code, §61.027, which requires the Coordinating Board to establish rules for the Norman Hackerman Advanced Research 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 August 6, 2009.
TRD-200903382
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §14.11 and §14.12, concerning the Norman Hackerman Advanced Research Program, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4251).
Specifically the amendments to these sections describe the administration of the Norman Hackerman Advanced Research Program, including the establishment of eligibility for Texas higher education institutions. The new language in these sections incorporate language from House Bill 58, 81st Texas Legislature to allow participation of eligible Texas independent institutions of higher education to compete for funding. The new language also incorporates the language of Senate Bill 44, 81st Texas Legislature that requires student participation in the funded projects.
There were no comments received regarding these amendments.
The amendments are adopted under the Texas Education Code, §61.027, which requires the Coordinating Board to establish rules for the Norman Hackerman Advanced Research 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 August 6, 2009.
TRD-200903383
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER B. BOARD APPROVAL
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §17.11(1) and (2), concerning rules applying to projects exempt from Board approval, and §17.14(c), concerning rules applying to re-approval of projects, without changes to the proposed text as published in the June 12, 2009, issue of the Texas Register (34 TexReg 3585).
Specifically, in compliance with Senate Bill 1796, 81st Texas Legislature, the proposed amendments increase the threshold for projects that are exempt from Board approval to $4 million for both new construction and repair and renovation projects. In addition the amendments exempt projects previously approved by the Board under $4 million from having to seek re-approval as required by §17.14(a).
There were no comments received concerning the amendments.
The amendments are adopted under the Texas Education Code, §61.058(a).
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 August 6, 2009.
TRD-200903384
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 12, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board adopts new §21.9, concerning General Provisions, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2745).
Specifically, the new section establishes procedures by which tuition set-aside funds may be collected for the Texas B-On-Time Loan Program, as required by Texas Education Code §56.465.
No comments were received regarding the new section.
The new section is adopted under the Texas Education Code, §56.453, which provides the Coordinating Board with the authority to adopt rules for the administration of Texas Education Code, §§56.451 - 56.465.
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 August 6, 2009.
TRD-200903388
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §21.29, concerning the Determination of Resident Status and Waiver Programs for Certain Nonresident Persons, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4251).
Specifically, the amendments to §21.29(4) reflect that a waiver from nonresident tuition for persons receiving certain competitive scholarships is an option and no longer a requirement for institutions. The amendments also indicate persons awarded scholarships prior to fall 2009 with the understanding of also receiving a waiver of nonresident tuition are entitled to that waiver and may continue to receive waivers through August 1, 2014, if they continue to receive competitive scholarships and continue to be enrolled in the same certificate or degree programs. These amendments implement provisions in House Bill 4244, 81st Texas Legislature. The amendments to §21.29(10) reflect the provisions of a new waiver of nonresident tuition for veterans eligible for federal veterans' benefits, and their spouses and children (including stepchildren). To qualify, they must provide their institutions letters of intent to establish residence in Texas and must reside in the state while attending college. Unless extended by hardship conditions, a child's eligibility to use the waiver ends at age 25. These amendments implement provisions in Senate Bill 93, Senate Bill 297, and Senate Bill 847, 81st Texas Legislature.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §54.075, which provides the Coordinating Board with the authority to adopt rules to carry out the purposes of Texas Education Code, §§54.0501 - 54.075.
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 August 6, 2009.
TRD-200903389
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.121, 21.126, 21.131
The Texas Higher Education Coordinating Board adopts amendments to §§21.121, 21.126 and 21.131, concerning the Texas B-On-Time Loan Program, without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2746).
Specifically, the amendment to §21.121 corrects the citation of the authority for the program. Section 21.126(a) references loans disbursed from the proceeds of tax-exempt bonds. This reference specifically applies to the institution certification requirement in §21.126(a)(1). The requirements in §21.126(a)(2) through (5) are relevant to all BOT loans, regardless of the funding source. The amendment moves the tax-exempt bond reference from §21.126(a) to §21.126(a)(1) for clarification. Section 21.126(a)(2) states that a student must submit an application containing the names of two personal references who are gainfully employed. The purpose of providing references on loan applications is to assist Board staff in locating borrowers. The employment status of a reference does not have a bearing on the reference's knowledge of the borrower's whereabouts, and thus this requirement is not useful. The amendment removes this requirement. Section 21.131 states that each payment received from the borrower will be applied first to any outstanding late charges and collection costs that may have accrued to the account and next to principal of the earliest dated note in the account. The implementation of the Higher Education Loan Management System (HELMS) required a change in the application of loan payments. Although payments continue to be applied first to any outstanding late charges and collection costs, they are then proportionately applied to the principal of each note rather than the earliest dated note. The amendment is consistent with the current method of payment application and in line with the rules describing the application of payments for loans administered through the Hinson-Hazlewood College Student Loan Program.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §56.453, which provides the Coordinating Board with the authority to adopt rules for the administration of Texas Education Code, §§56.451 - 56.465.
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 August 6, 2009.
TRD-200903390
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.1081, 21.1083, 21.1084
The Texas Higher Education Coordinating Board adopts amendments to §§21.1081, 21.1083, and 21.1084, concerning the Educational Aide Exemption Program, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4252).
Specifically, the amendments to §21.1081 clarify that program officers are to determine student eligibility. This is a new requirement for the institutions, mandated by Senate Bill 1798, 81st Texas Legislature. The amendment to §21.1083 adds the requirement that an otherwise eligible applicant must submit his or her completed application to the institution by the end of a given term in order to be entitled to an award. The amendments to §21.1084(b)(3), (c) and (d) clarify that, as mandated by Senate Bill 1798, 81st Texas Legislature, the institution is to determine student eligibility rather than forward applications to the Coordinating Board for processing. The amendment to §21.1084(e) reflects that the institution shall determine student eligibility and notify students and school districts of their awards. The Coordinating Board will no longer have the information to post awards on its web site.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §54.214, which provides the Coordinating Board with the authority to adopt rules for the administration of Texas Education Code, §54.214.
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 August 6, 2009.
TRD-200903391
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts the repeal of §§21.1085 - 21.1090, concerning the Educational Aide Exemption Program, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4253).
Specifically, §21.1085 is repealed in order to delete references to considerations if funding is limited. Since colleges will be determining student eligibility in the future, these procedures for the Coordinating Board will not be applicable. In addition, funding has never been limited and is not expected to be so in the future. The repeal of §21.1085 necessitates the repeal of §§21.1086 - 21.1090.
No comments were received regarding the repeal.
The repeal is adopted under the Texas Education Code, §54.214, which provides the Coordinating Board with the authority to adopt rules for the administration of Texas Education Code, §54.214.
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 August 6, 2009.
TRD-200903392
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts new §§21.1085 - 21.1089, concerning the Educational Aide Exemption Program, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4254).
Specifically, the repeal of §21.1085 necessitates the adoption of new §§21.1085 - 21.1089. The new sections clarifies that institutions cannot make spring awards or request reimbursements for them unless they have proof the recipient is still employed by their school district. The new sections clarify that the Coordinating Board will notify institutions and school districts of the availability of funds for summer awards. It will not notify current year recipients since it will no longer have current year recipient information.
No comments were received regarding the new sections.
The new sections are adopted under the Texas Education Code, §54.214, which provides the Coordinating Board with the authority to adopt rules for the administration of Texas Education Code, §54.214.
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 August 6, 2009.
TRD-200903393
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §§21.2100 - 21.2102, concerning the Exemption Program for Veterans and Their Dependents (Hazlewood Act). Sections 21.2100 and 21.2101 are adopted without changes. Section 21.2102 is adopted with changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4255).
Specifically, the amendments remove the definition of "citizen of Texas," as that term is no longer relevant; define new terms to reflect statutory changes; and expand the definition for programs having "extraordinary costs" to reflect the passage of Senate Bill 93, Senate Bill 297, and Senate Bill 847, 81st Texas Legislature. This change allows public technical and state colleges, as well as public junior colleges, to charge students the costs associated with operating these higher cost programs. The amendments also clarify the types and amounts of charges that may be exempted and reflect that, in certain cases, veterans' spouses may be eligible for an exemption. Subsections have been renumbered as appropriate.
The following comments were received regarding the amendments:
Comment: Chris Faurie commented that Chapter 35 of the United States Code should be excluded from the list of federal education benefits for the military that should be considered when determining eligibility for both federal and state benefits, as Chapter 35 is not solely dedicated to the payment of tuition and fees.
Response: The Board agreed and §21.2102(3) was amended to clarify that the only types of federal education benefits that should be considered when determining a student's eligibility to receive both federal and state benefits during the same semester are those issued under Title 38, United States Code, Chapter 33. References to other chapters of the United States Code are deleted.
Comment: Chris Faurie recommended that a change be made to address the potential for dual Hazlewood eligibility for certain children who qualify as children of veterans who are deceased or disabled and who also qualify under the new "Legacy" provision.
Response: The Board noted that the intent of the law is to provide no more than 150 hours of benefit to an individual, so no change is needed.
The amendments are adopted under the Texas Education Code, §54.203, which provides the Coordinating Board with the authority to adopt rules necessary to administer Texas Education Code, Chapter 54, Subchapter D.
§21.2102.Eligible Veterans.
In order to be eligible to receive a Hazlewood Act Exemption, a veteran shall demonstrate that he or she:
(1) at the time he or she entered the service, was a resident of Texas, entered the service in the State of Texas, or declared Texas as his or her home of record in the manner provided by the military or other service;
(2) was honorably discharged from service;
(3) has no federal veteran's education benefits, or, if he or she has such benefits, that the value of the benefits that may be used only for the payment of tuition and fees for the semester, including such benefits as those issued under Title 38, United States Code, Chapter 33, is less than the value of the student's tuition, fees, and other required charges, less deposit and student service fees for the relevant term;
(4) is not in default on an education loan made or guaranteed by the State of Texas and is not in default on a federal loan if that default is the reason the student cannot use his or her federal veterans' benefits;
(5) has attempted fewer than 150 credit hours using the Hazlewood Act Exemption beginning with fall of 1995;
(6) has followed the application procedures and schedules required by these provisions; and
(7) belongs to one of the following groups of individuals:
(A) nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I;
(B) nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and honorably discharged members of the armed forces of the United States who served during World War II except those who were discharged from service because they were over the age of 38 or because of a personal request on the part of the person that he be discharged from service;
(C) honorably discharged men and women of the armed forces of the United States who served during the Korean War which began on June 27, 1950, and ended on July 27, 1953; and
(D) all persons who:
(i) were honorably discharged from the armed forces of the United States after serving on active military duty for at least 181 days, excluding training; and
(ii) who served a portion of their active duty during:
(I) the Cold War which began on June 27, 1950;
(II) the Vietnam era which began on December 21, 1961, and ended on May 7, 1975;
(III) the Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984;
(IV) the Panama era which began on December 20, 1989, and ended on January 21, 1990;
(V) the Persian Gulf War which began on August 2, 1990, and ended on March 3, 1991;
(VI) the National Emergency by Reason of Certain Terrorist Attacks, which began on September 11, 2001; and
(VII) any future national emergency declared in accordance with federal law.
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 August 6, 2009.
TRD-200903394
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts the repeal of §§21.2103 - 21.2108, concerning the Exemption Program for Veterans and Their Dependents (Hazlewood Act), without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4257).
Specifically, these sections are proposed for repeal due to the creation of new §§21.2103 - 21.2111.
No comments were received regarding the repeal.
The repeal is adopted under the Texas Education Code, §54.203, which provides the Coordinating Board with the authority to adopt rules necessary to administer Texas Education Code, Chapter 54, Subchapter D.
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 August 6, 2009.
TRD-200903395
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts new §§21.2103 - 21.2111, concerning the Exemption Program for Veterans and Their Dependents (Hazlewood Act) without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4257).
Specifically, the new sections add eligibility requirements for certain veterans' spouses and reflect expanded eligibility for veterans who entered the service in Texas or declared Texas as their home of record. The new sections add procedures for veterans who wish to assign their unused hours to a child and for a new tuition exemption for children of service members who are deployed overseas. The new sections implement provisions of Senate Bill 93, Senate Bill 297, and Senate Bill 847, 81st Texas Legislature.
No comments were received regarding the new sections.
The new sections are adopted under the Texas Education Code, §54.203, which provides the Coordinating Board with the authority to adopt rules necessary to administer Texas Education Code, Chapter 54, Subchapter D.
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 August 6, 2009.
TRD-200903396
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
The Texas Higher Education Coordinating Board adopts amendments to §§22.21, 22.22 and 22.24, concerning the Tuition Equalization Grant Program. Sections 22.21 and 22.24 are adopted without changes. Section 22.22 is adopted with changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4260).
Specifically, the amendments to §22.21 eliminate redundant language and clarify that Tuition Equalizations Grants are for students attending private or independent Texas colleges or universities. Amendments to §22.22 clarify that the definitions for enrollment on at least a half-time basis and full-time enrollment pertain to a semester or term, and not to a full academic year. The amendment to the definition of "Program Officer" clarifies the duties of that position. The amendment to the definition of "Resident of Texas" corrects the title of Chapter 21, Subchapter B, of Coordinating Board rules. A definition of three-fourths-time enrollment is added, as required by the passage of House Bill 4476, 81st Texas Legislature. The amendments to §22.24 are mandated by House Bill 4476, 81st Texas Legislature, and reflect the changes to the enrollment requirements for students enrolled for the 2009-2010 academic year and later, from full-time enrollment to three-fourths-time enrollment. Section 22.24(3)(A) - (C), dealing with eligibility for continuation awards and grade-point-average calculations, is deleted.
The following comments were received regarding the amendments:
Comments: Staff noticed that a definition of "academic year" should be added to §22.22, as this term is used throughout the rules. Subsequent definitions were renumbered.
Response: The Board agreed with and adopted the additional amendments.
The amendments are adopted under the Texas Education Code, §51.969, which provides the Coordinating Board with the authority to adopt any rules necessary to administer this section.
§22.22.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Academic year--A twelve-month period designated by an eligible institution.
(2) Awarded--Offered to a student.
(3) Board--The Texas Higher Education Coordinating Board.
(4) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.
(5) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college or university. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).
(6) Degree or certificate program of four years or less--A baccalaureate degree or certificate program other than in architecture, engineering or any other program determined by the Board to require more than four years to complete.
(7) Degree or certificate program more than four years--A baccalaureate degree or certificate program in architecture, engineering or any other program determined by the Board to require more than four years to complete.
(8) Disbursement date--The date on which the Board generates a voucher requesting a grant disbursement for an institution.
(9) Exceptional financial need--The need an undergraduate student has if his or her expected family contribution is less than or equal to $1000.
(10) Enrollment on at least a half-time basis--For undergraduate students, enrolled for the equivalent of six or more semester credit hours per semester or term. For graduate students, enrolled for the equivalent of 4.5 or more semester credit hours per semester or term.
(11) Enrollment on at least a three-fourths basis--For undergraduate students, enrolled for the equivalent of nine or more semester credit hours per semester or term. For graduate students, enrolled for the equivalent of six or more semester credit hours per semester or term.
(12) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.
(13) Full-time enrollment--For undergraduate students, enrollment for the equivalent of twelve or more semester credit hours per semester or term. For graduate students, enrollment for the equivalent of nine or more semester credit hours per semester or term.
(14) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines.
(15) Graduate student--A student who has been awarded a baccalaureate degree.
(16) Initial TEG--The first Tuition Equalization Grant ever awarded to a specific student.
(17) Period of enrollment--The term or terms within a state fiscal year (September 1-August 31) for which the student was enrolled in an approved institution and met all the eligibility requirements for an award through this program.
(18) Private or independent institution--Any college or university defined as a private or independent institution of higher education by Texas Education Code, §61.003.
(19) Program or TEG--The Tuition Equalization Grant Program.
(20) Program Maximum--The TEG Program award maximum determined by the Board in accordance with Texas Education Code, §61.227 (relating to Payment of Grant; Amount).
(21) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the selection of recipients, maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.
(22) Regular Semester--A fall or spring semester, typically of 16 weeks' duration.
(23) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Residence Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.
(24) State Fiscal Year--A period of time that begins on September 1 of one calendar year and ends on August 31 of the following calendar year.
(25) Tuition Differential--The difference between the tuition paid at the private or independent institution attended and the tuition the student would have paid to attend a comparable public institution.
(26) Tuition Equalization Grant need (TEG need)--The total amount of TEG funds that full-time students at an approved institution would be eligible to receive if the program were fully funded.
(27) Undergraduate student--An individual who has not yet received a baccalaureate degree.
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 August 6, 2009.
TRD-200903397
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts the repeal of §§22.25 - 22.33, concerning the Tuition Equalization Grant Program without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4262).
Specifically, these sections are proposed for repeal in order to propose new §22.25 and §22.26, which would implement House Bill 4476, 81st Texas Legislature.
No comments were received regarding the repeal.
The repeal is adopted under the Texas Education Code, §51.969, which provides the Coordinating Board with the authority to adopt any rules necessary to administer 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 August 6, 2009.
TRD-200903398
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts new §§22.25 - 22.35, concerning Provisions for the Tuition Equalization Grant Program. Section 22.25 and §22.26 are adopted with changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4262). Sections 22.27 - 22.35 are adopted without changes and will not be republished.
Specifically, new §22.25 and §22.26 would implement House Bill 4476, 81st Texas Legislature, which changed the eligibility requirements for students who receive initial awards for academic year 2009-2010 and later. In addition, this bill changes the renewal criteria for students receiving initial awards for the academic year 2008-2009 and later. New §22.25 and §22.26 necessitate new §§22.27 - 22.35. New §22.30 corrects the title due to the fact that there is no longer a campus-based process.
The following comments were received regarding the new sections:
Comments: Staff recommended that the word "first" be deleted from §22.25(b)(1), as it is redundant, given the use of the term "initial award." Staff also recommended revising §22.25(b)(2)(B) to include the requirement for graduate students.
Response: The Board agreed with and adopted the changes to the new sections.
The new sections are adopted under the Texas Education Code, §61.229, which provides the Coordinating Board with the authority to adopt any rules necessary to administer this section.
§22.25.Satisfactory Academic Progress.
(a) Students who received a TEG award in a state fiscal year prior to 2005-2006 or who were awarded a TEG for the 2005-2006 state fiscal year prior to September 1, 2005, shall meet the academic progress requirements as determined by institutional policies.
(b) Students awarded a TEG award for the 2008-2009 academic year and later shall, unless granted a hardship postponement in accordance with §22.28 of this title (relating to Hardship Provisions for Students Awarded an Initial TEG on or after September 1, 2005):
(1) As of the end of the academic year in which the student receives an initial award, meet the academic progress requirements as determined by institutional policies.
(2) At the end of the year in which the student receives a continuation award:
(A) complete at least 75 percent of the hours attempted in his or her most recent full academic year, as determined by institutional policies;
(B) complete at least:
(i) for undergraduates, 24 semester credit hours in the most recent full academic year;
(ii) for graduate students, 18 semester credit hours in the most recent full academic year; and
(C) maintain an overall grade-point average of at least 2.5 on a four-point scale or its equivalent for all coursework attempted at an institution or private or independent institution.
§22.26.Grade Point Average Calculations.
Grade-point average calculations shall be made in accordance with institutional policies except that if a grant recipient's grade-point average falls below program requirements and the student transfers to another institution, or has transferred from another institution, the receiving institution cannot make a continuation award to the transfer student until he or she provides official transcripts of previous coursework to the new institution's financial aid office and that office re-calculates an overall grade-point average, including hours and grade points for courses taken at the old and new institutions, that proves the student's overall grade-point average now meets or exceeds program requirements.
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 August 6, 2009.
TRD-200903399
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §22.200, concerning Award Amounts and Notification of Potential Recipients without changes to the proposed text as published in the May 8, 2009, issue of the Texas Register (34 TexReg 2748).
Specifically, this section is renamed to more accurately reflect the purpose of the section. The amendments to §22.200(c) give staff more flexibility in requesting names and addresses of potential scholarship recipients.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §61.027, which provides the Coordinating Board with general rule-making authority, and Article III of the General Appropriations Act of the 80th Texas Legislature.
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 August 6, 2009.
TRD-200903400
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 427-6114
19 TAC §§22.312, 22.313, 22.315
The Texas Higher Education Coordinating Board adopts amendments to §§22.312, 22.313 and 22.315, concerning the Engineering Scholarship Program without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4264).
Specifically, the amendments to these sections clarify that students attending private or independent institutions of higher education are eligible to participate in the scholarship program, as mandated by House Bill 2425, 81st Texas Legislature.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §61.792, which provides the Coordinating Board with the authority to adopt rules for the administration of Texas Education Code, §61.792.
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 August 6, 2009.
TRD-200903401
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §22.405, concerning Declaration of Eligibility without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4265).
Specifically, the amendments to §22.405 are a result of the passage of House Bill 4244, 81st Texas Legislature, which mandates that students must certify at some point prior to receiving an institutional scholarship that they are not related to a current member of the governing board of the institution or system. Prior to the passage of House Bill 4244, students were required to make this certification when applying for a scholarship. The amendment will simplify the process for students of applying for institutional scholarships.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §51.969, which provides the Coordinating Board with the authority to adopt any rules necessary to administer 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 August 6, 2009.
TRD-200903402
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
19 TAC §§22.501 - 22.505, 22.507, 22.508
The Texas Higher Education Coordinating Board adopts amendments to §§22.501 - 22.505, 22.507 and 22.508, concerning the Professional Nursing Shortage Reduction Program without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4265).
Specifically, in compliance with House Bill 4471, 81st Texas Legislature, the proposed amendments provide two new funding programs to the Professional Nursing Shortage Reduction Program. Specifically, qualifying institutions may receive advance funding in order to increase their enrollments and graduates.
There were no comments received concerning the amendments.
The amendments are adopted under the Texas Education Code, §§61.9621, 61.96232, 61.96233, and 61.9629.
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 August 6, 2009.
TRD-200903387
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts new §§22.518 - 22.523, concerning the Exemption Program for Firefighters Enrolled in Fire Science Courses. Section 22.521 is adopted with changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4266). Sections 22.518 - 22.520, 22.522 and 22.523 are adopted without changes and will not be republished.
Specifically, House Bill 2013, 81st Texas Legislature, amended Texas Education Code §54.208 and authorized the Board to adopt rules to implement the section, beginning with exemptions awarded for the 2009 fall semester. The new sections establish definitions, identify eligible firefighters, indicate requirements for receiving continuation awards, note restrictions for students who have accumulated excess credit hours, and direct institutions to the Coordinating Board's web site for a listing of eligible programs of study.
The following comment was received regarding the new sections:
Comment: The Texas Higher Education Coordinating Board's Legal Counsel commented that in §22.521 the term "commission" should be changed to "commissioner," as the term that appears in statute is "fire fighters' pension commissioner."
Response: The Board agreed with and adopted the amendment.
The new sections are adopted under the Texas Education Code, §54.208, which provides the Coordinating Board with the authority to adopt any rules necessary to administer Texas Education Code, §54.208.
§22.521.Eligible Firefighters.
(a) To receive an initial exemption under this program:
(1) A paid firefighter must be employed by a political subdivision of the State of Texas.
(2) A volunteer firefighter must:
(A) currently, and for at least the past year, be an active member of an organized volunteer fire department in this state, as defined by the fire fighters' pension commissioner; and
(B) hold one of the following credentials:
(i) an Accredited Advanced level of certification, or an equivalent successor certification, under the State Firemen's and Fire Marshals' Association of Texas volunteer certification program; or
(ii) Phase V (Firefighter II) certification, or an equivalent successor certification, under the Texas Commission on Fire Protection's voluntary certification program under Texas Government Code, §419.071.
(b) To receive an exemption in a subsequent semester the student must be in compliance with the institution's financial aid satisfactory academic progress requirements. This provision does not apply to a student who received an exemption under Texas Education Code, §54.208 before the 2009 fall semester as long as the student remains enrolled in the same degree or certificate program and is otherwise eligible to continue to receive the exemption under the statutory provisions that existed at that time.
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 August 6, 2009.
TRD-200903403
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 26, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 427-6114
CHAPTER 97. PLANNING AND ACCOUNTABILITY
SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
The Texas Education Agency (TEA) adopts an amendment to §97.1005, concerning accountability and performance monitoring. The amendment is adopted without changes to the proposed text as published in the June 19, 2009, issue of the Texas Register (34 TexReg 4076) and will not be republished.
The section describes the purpose of the Performance-Based Monitoring Analysis System (PBMAS) and manner in which school districts and charter school performance is reported. The section also adopts the most recently published PBMAS Manual. The amendment adopts applicable excerpts of the Performance-Based Monitoring Analysis System 2009 Manual. Earlier versions of the manual will remain in effect with respect to the school years for which they were developed.
House Bill 3459, 78th Texas Legislature, 2003, added the Texas Education Code (TEC), §7.027, limiting and redirecting monitoring done by the TEA to that required to ensure school district and charter school compliance with federal law and regulations; financial accountability, including compliance with grant requirements; and data integrity for purposes of the Public Education Information Management System (PEIMS) and accountability under TEC, Chapter 39. Legislation passed in 2005 renumbered TEC, §7.027, to TEC, §7.028. To meet this monitoring requirement, the agency developed the PBMAS, which is used in conjunction with other evaluation systems, to monitor performance and program effectiveness of special programs in school districts and charter schools.
Agency legal counsel has determined that the commissioner of education should take formal rulemaking action to place into the Texas Administrative Code procedures related to the PBMAS. Given the statewide application of the PBMAS and the existence of sufficient statutory authority for the commissioner of education to formally adopt rules in this area, portions of each annual PBMAS Manual have been adopted since the first PBMAS Manual was developed in 2004-2005. The PBMAS evolves from year to year, and the intent is to annually update 19 TAC §97.1005 to refer to the most recently published PBMAS Manual.
The adopted amendment to 19 TAC §97.1005 updates the current rule by adopting excerpted sections of the PBMAS 2009 Manual. These excerpted sections describe the specific criteria and calculations that will be used to assign 2009 PBMAS performance levels.
The 2009 PBMAS includes several key changes from the 2008 system. New standards and cut points will be implemented for several PBMAS indicators, including the Limited English Proficient (LEP) Participation Rate, Career and Technical Education (CTE) Nontraditional Course Completion Rate, the Texas Assessment of Knowledge and Skills (TAKS)/TAKS (Accommodated) Participation Rate, the 3-5 Year Olds Less Restrictive Environment (LRE) Placement Rate, the 6-11 Year Olds LRE Placement Rate, the 12-21 Year Olds LRE Placement Rate, and the Special Education Discretionary Placements to In-School Suspension. The Texas English Language Proficiency Assessment System (TELPAS) Reading Multi-Year Beginning Proficiency Level Rate indicator, which was suspended for the 2008 PBMAS, has been reinstated.
A new indicator to measure the performance of LEP students not served in a Bilingual Education (BE) or English as a Second Language (ESL) program has been added to the BE/ESL program area along with a Grades 9-12 LEP Annual Dropout Rate indicator and an indicator entitled TELPAS Composite Rating Levels for Students in U.S. Schools Multiple Years. The hold harmless provision which was added to the 2008 PBMAS to address the impact of the phase-in of TAKS (Accommodated) and Grade 8 Science results has been removed. Changes to the PBMAS indicators for 2009 are marked in the manual as "New!" for easy reference.
The adopted amendment also modifies subsection (d) to specify that the PBMAS Manual adopted for the school years prior to 2009-2010 will remain in effect with respect to those school years.
The adopted amendment establishes in rule the PBMAS procedures for 2009. Applicable procedures will be adopted each year as annual versions of the PBMAS Manual are published. The adopted amendment has no locally maintained paperwork requirements.
The TEA determined that the amendment will have no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began June 19, 2009, and ended July 20, 2009. No public comments were received.
The amendment is adopted under the TEC, §7.028, which authorizes the agency to monitor as necessary to ensure school district and charter school compliance with state and federal law and regulations.
The amendment implements the TEC, §7.028.
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 August 5, 2009.
TRD-200903363
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: August 25, 2009
Proposal publication date: June 19, 2009
For further information, please call: (512) 475-1497