PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 5. RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER C. APPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES
The Texas Higher Education Coordinating Board adopts new §5.51 concerning the publication of doctoral program data by public universities and health-related institutions without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8857). This new section will require public institutions with doctoral programs to publish on their web sites certain data relating to those doctoral programs, and to use that data as part of institutional evaluation and quality improvement procedures.
No comments were received regarding this new section.
The new section is adopted under the Texas Education Code, Chapter 61, Subchapter G, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward 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 February 10, 2009.
TRD-200900532
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: March 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 427-6114
SUBCHAPTER A. GENERAL PROVISIONS
19 TAC §§7.3 - 7.9, 7.15, 7.17
The Texas Higher Education Coordinating Board adopts amendments to §§7.3 - 7.9, 7.15 and 7.17 concerning General Provisions with changes to §§7.3 - 7.5 and 7.8 of the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8858). Sections 7.6, 7.7, 7.9, 7.15 and 7.17 are being adopted without changes and will not be republished.
Section 7.3(29) is adopted with change to further clarify the rule; and changes to §7.4(a) and §7.8(5) are to correct grammatical errors.
Specifically, the new language to §7.4(g), Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas reflects a change in the process regarding those institutions that offer only religious degrees. Rather than the institution requesting a Certificate of Authorization, the institution may request a letter stating that the Board does not have oversight over it as long as the institution offers only religious degrees. Section 7.5(14)(B), Standards of Operation of Institutions relating to curriculum is revised to remove the maximum number of hours for a baccalaureate degree. The section incorrectly identified 139 semester credit hours or 180 quarter credit hours as the maximum. However, until recently, this maximum only applied to undergraduate degree programs leading to Texas teacher certification and should not be applied to all baccalaureate degrees. Section 7.6(b)(4), Recognition of Accrediting Agencies clarifies the process to be followed by an accrediting agency if it loses or voluntarily relinquishes its recognition. It directs the accrediting agency to provide official notification to the Texas institutions that it accredits and to the Board, that the accrediting agency no longer is recognized in the State of Texas. Subsequently, the institutions have 30 days to contact the Board as to whether or not they plan to apply for a Certificate of Authority with the Texas Higher Education Coordinating Board, seek another accrediting agency's approval, or relinquish their degree granting authority. Sections 7.7(g)(5), 7.8(3) and 7.9(c)(3)(G) clarify the requirement that an institution must submit a certificate of approval or a letter of exemption from the Texas Workforce Commission as part of the application for a Certificate of Authority. Other minor changes that clarify language are incorporated throughout the chapter.
No comments were received concerning the amendments.
The amendments are adopted under the Texas Education Code, Chapter 61, Subchapter G, and Texas Education Code Chapter 132, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward degrees, and the use of certain terms.
§7.3.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Academic associate degree program--A grouping of courses designed to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts and the associate of science degrees.
(2) Accreditation--The status of public recognition that a recognized accrediting agency grants to an educational institution.
(3) Accrediting agency--A legal entity that conducts accreditation activities through voluntary peer review and makes decisions concerning the accreditation status of institutions.
(4) Agent--A person employed by or representing a postsecondary educational institution in an official capacity within or without Texas who:
(A) solicits any Texas student for enrollment in the institution;
(B) solicits or accepts payment from any Texas student for any service offered by the institution; or
(C) while having a physical presence in Texas, solicits students or accepts payment from students who do not reside in Texas.
(5) Alternative Certificate of Authority--A type of certificate of authority for approval of postsecondary institutions, with operations in the state of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees that is governed by flexible, streamlined procedures, emphasizing the importance of innovation, consumer choice, and measurable outcomes in the delivery of educational services.
(6) Applied associate degree program--A grouping of courses designed to lead the individual directly to employment in a specific career and that includes at least fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of general education courses. This specifically refers to the associate of applied arts and the associate of applied science degrees.
(7) Associate degree program--A grouping of courses designed to lead the individual directly to employment in a specific career, or to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts, the associate of science, the associate of applied arts and the associate of applied science.
(8) Board--The Texas Higher Education Coordinating Board.
(9) Board staff--The staff of the Texas Higher Education Coordinating Board including the Commissioner of Higher Education and all employees who report to the Commissioner.
(10) Branch campus, extension center, or other off-campus unit--Any institution or part of an institution offering or proposing to offer away from the home campus more than occasional courses or courses leading to the granting of a degree without the necessity for courses to be taken at the main campus.
(11) Career school or college--Any business enterprise operated for a profit, or on a nonprofit basis, that maintains a place of business in the State of Texas or solicits business within the State of Texas, and that is not specifically exempted by Texas Education Code §132.002 or §7.4 of this chapter (relating to Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas), and:
(A) That offers or maintains a course or courses of instruction or study; or
(B) At which place of business such a course or courses of instruction or study is available through classroom instruction, by electronic media, by correspondence, or by some or all, to a person for the purpose of training or preparing the person for a field of endeavor in a business, trade, technical, or industrial occupation, or for career or personal improvement.
(12) Certificate of Approval--The Texas Workforce Commission's approval of career schools or colleges with operations in Texas to maintain, advertise, solicit for, or conduct any program of instruction in this state.
(13) Certificate of authority--The Board's approval of postsecondary institutions, (other than exempt institutions) with operations in the state of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees.
(14) Certificate of authorization--The Board's acknowledgment that an institution is qualified for an exemption from the regulations herein.
(15) Change of ownership or control--Any change in ownership or control of a career school or college or an agreement to transfer control of such institution.
(A) The ownership or control of a career school or college is considered to have changed:
(i) In the case of ownership by an individual, when more than fifty (50) percent of the institution has been sold or transferred;
(ii) In the case of ownership by a partnership or a corporation, when more than fifty (50) percent of the institution or of the owning partnership or corporation has been sold or transferred; or
(iii) When the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the institution.
(B) A change of ownership or control does not include a transfer that occurs as a result of the retirement or death of the owner if transfer is to a member of the owner's family who has been directly and constantly involved in the management of the institution for a minimum of two years preceding the transfer. For the purposes of this section, a member of the owner's family is a parent, sibling, spouse, or child; spouse's parent or sibling; or sibling's or child's spouse.
(16) Cited--Any reference to an institution in a negative finding or action by an accrediting agency.
(17) Classification of Instructional Programs (CIP) Code--The four (4)- or six (6)-digit code assigned to an approved degree program in accordance with the CIP manual published by the U.S. Department of Education, National Center for Education Statistics. CIP codes define the authorized teaching field of the specified degree program, based upon the occupation(s) for which the program is designed to prepare its graduates.
(18) Commissioner--The Commissioner of Higher Education.
(19) Concurrent Instruction--Students enrolled in different classes, courses, and/or subjects being taught, monitored, or supervised simultaneously by a single faculty member.
(20) Degree--Any title or designation, mark, abbreviation, appellation, or series of letters or words, including "associate", "bachelor's", "master's", "doctor's" and their equivalents and foreign cognates, which signify, purport to signify, or are generally taken to signify satisfactory completion of the requirements of all or part of a program of study which is generally regarded and accepted as an academic degree-level program by accrediting agencies recognized by the Board.
(21) Educational or training establishment--An enterprise offering a course of instruction, education, or training that is not represented as being applicable to a degree.
(22) Exempt institution--An institution operating in Texas that is accredited by an agency recognized by the Board under §7.2 of this chapter (relating to Authority) or a career school or college that applies for and is declared exempt under this chapter, by the Texas Workforce Commission as described in Texas Education Code, §61.003(8), or Texas Education Code Chapter 132, respectively. Exempt institutions may still have to comply with certain Board rules.
(23) Fictitious degree--A counterfeit or forged degree or a degree that has been revoked.
(24) Fraudulent or substandard degree--A degree conferred by a person who, at the time the degree was conferred, was:
(A) operating in this state in violation of this chapter;
(B) not eligible to receive a certificate of authority under this chapter and was operating in another state in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing or without accreditation by a recognized accrediting agency, if the degree is not approved through the review process described by §7.14 of this chapter (relating to Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority); or
(C) not eligible to receive a certificate of authority under this chapter and was operating outside the United States, and whose degree the Board, through the review process described by §7.14 of this chapter, determines is not the equivalent of an accredited or authorized degree.
(25) Home campus--The headquarters of an institution, such location to be determined as a matter of fact by the Commissioner based upon consideration of information such as, but not limited to the following:
(A) where the institution is chartered;
(B) the site, campus or city where the principal or chief executive's offices are located;
(C) the site, campus or city where the institution conducts the preponderance of its instructional activities; and
(D) any other pertinent and material facts.
(26) Occasional courses--Courses offered not more than twice at any given location in the state.
(27) Out-of-state public postsecondary institution--Any senior college, university, technical institute, junior or community college, or the equivalent which is controlled by a public body organized outside the boundaries of the State of Texas.
(28) Person--Any individual, firm, partnership, association, corporation, enterprise, or other private entity or any combination thereof.
(29) Postsecondary educational institution--An educational institution which furnishes or offers to furnish courses of instruction in person, by electronic media, by correspondence, or by some means or all leading to a degree; provides or offers to provide credits alleged to be applicable to a degree; or represents that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term.
(30) Private Postsecondary Educational Institution--An institution which:
(A) is not an institution of higher education as defined by Texas Education Code §61.003;
(B) is incorporated under the laws of this state, maintains a place of business in this state, has a representative present in this state, or solicits business in this state; and
(C) furnishes or offers to furnish courses of instruction in person, by electronic media, or by correspondence leading to a degree or providing credits alleged to be applied to a degree.
(31) Program or Program of study--Any course or grouping of courses which are represented as entitling a student to a degree or to credits applicable to a degree.
(32) Protected term--The term "college," "university," "school of medicine," "medical school," "health science center," "school of law," "law school," or "law center," its abbreviation, foreign cognate or equivalents.
(33) Recognized accrediting agency--Any accrediting agency the standards of accreditation or membership for which have been found by the Board to be sufficiently comprehensive and rigorous to qualify its institutional members for an exemption from the operation of this chapter.
(34) Representative--A person who acts on behalf of an institution regulated under this chapter. The term includes, without limitation, recruiters, agents, tutors, counselors, business agents, instructors, and any other instructional or support personnel.
(35) Required state or national licensure--The requirement for graduates of certain professional programs to obtain a license from state or national entities for entry-level practice.
§7.4.Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas.
(a) An institution must request and be granted a certificate of authority, an alternative certificate of authority, or a certificate of authorization by the Commissioner before it can offer to award degrees or courses leading to degrees. The Commissioner may issue a certificate of authorization to grant degrees to an institution, upon the institution's request and demonstration that it qualifies for an exemption under this subsection. The exemptions provided by this subsection apply only to the degree level for which the programs or the institution is accredited or approved, as applicable, and if an institution offers to award a degree at a level for which it is not accredited or approved by the appropriate agency of the State of Texas, the exemption does not apply. Upon issuance of a certificate of authorization as an exempt institution, the provisions of this chapter, with the exception of §§7.15 - 7.17 of this chapter do not apply to following types of postsecondary institutions:
(1) Schools or colleges that do not award degrees or offer courses leading to degrees. However, such institutions are subject to the rules of the Texas Workforce Commission Pursuant to Chapter 132 of the Texas Education Code concerning career schools and colleges.
(2) A branch campus, extension center, or other off-campus unit operated by a private or independent Texas postsecondary institution as defined by Texas Education Code, §61.003.
(3) The home campus, headquarters, or Texas location(s) of an institution which have been fully accredited by a recognized accrediting agency.
(4) An institution or degree program that has received approval by an agency of the State of Texas authorizing the graduates of the institution to take a state licensing examination administered by that agency. The granting of permission by a state agency to a graduate of an institution to take a licensing examination does not by itself constitute approval of the institution or degree program required for an exemption under this subsection.
(b) Institutions holding a Certificate of Approval from the Texas Workforce Commission to operate as a Career School or College and are not exempt under this chapter may be able to obtain a Certificate of Authority to award associate degrees under §7.9 of this chapter (relating to Certificate of Authority for Career Schools and Colleges). All other non-exempt institutions must use either §7.7 or §7.8.
(c) The home campus of an institution that is not exempt under the provisions of subsection (a) of this section may obtain a certificate of authority under either §7.7 of this chapter (relating to Certificate of Authority) or an alternative certificate of authority under §7.8 (relating to Alternative Certificates of Authority).
(d) Branch campuses of out-of-state public institutions must obtain a certificate of authority as outlined in §7.10 of this chapter (relating to Operation of Branch Campuses, Extension Centers, or Other Off-Campus Units by Exempt Institutions).
(e) Agents of an institution that is not exempt under the provisions of subsection (a) of this section, or operating with an alternative certificate of authority as provided by §7.8 of this chapter, must register with the Board as provided by §7.11 of this chapter (relating to Registration of Agents).
(f) A substantive change in the conditions under which an institution was granted a certificate of authority, an alternative certificate of authority or an exemption (certificate of authorization) must be reported in accordance with §7.12 of this chapter (relating to Occasional Courses, Changes of Level of Instruction, Changes of Ownership, and Other Substantive Changes). An accredited institution that is exempt under subsection (a)(3) of this section continues in that status so long as it maintains accreditation by a recognized accrediting agency.
(g) An institution offering only religious degrees may request a letter stating that the Board does not have oversight.
(h) Revocation of an exemption.
(1) If the Commissioner receives credible evidence that an institution is no longer qualified for an exemption, the institution shall be notified that its exempt status is revoked, and that the institution is subject to the requirements of Texas Education Code, Chapters 61 or 132 as appropriate, and this chapter.
(2) Upon receipt of the notice of revocation, the institution must cease granting or awarding degrees in Texas until it has either been granted a certificate of authority to grant degrees, or has received a determination that it did not lose its qualification for an exemption.
(3) Within ten (10) days of its receipt of the Commissioner's notice, the institution must respond and offer proof of its continued qualification for the exemption.
(4) After reviewing the evidence, the Commissioner will issue a notice of determination, which in the case of an adverse determination, shall contain information regarding the reasons for the denial, and the institution's right to a hearing.
(5) If a determination under this section is adverse to an institution, it shall become final and binding unless, within forty-five (45) days of its receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).
§7.5.Standards for Operation of Institutions.
All institutions that operate within the State of Texas are expected to meet the following standards. Standard (2) relating to Qualifications of Institutional Officers and Standard (3) relating to policy making do not apply to branch campuses operating under §7.10 of this chapter (relating to Operation of Branch Campuses, Extension Centers or Other Off-Campus Units, Occasional Courses and Changes in Level). These standards will be enforced through the certificate of authority process or the alternative certificate of authority process. Standards addressing the same principles will be enforced by recognized accrediting agencies. Particular attention will be paid to the institution's commitment to education, responsiveness to recommendations and suggestions for improvement, and, in the case of a renewal of a certificate of authority, record of improvement and progress. These standards represent generally accepted administrative and academic practices and principles of accredited postsecondary institutions in Texas. Such practices and principles are generally set forth by institutional and specialized accrediting bodies and the academic and professional organizations.
(1) Legal Compliance. The institution shall be maintained and operated in compliance with all applicable ordinances and laws, including the rules and regulations adopted to administer those ordinances and laws. Career Schools and Colleges also shall demonstrate compliance with Texas Education Code, Chapter 132 by supplying a copy of a certificate of approval to operate a career school or college or a letter of exemption from the Texas Workforce Commission.
(2) Qualifications of Institutional Officers.
(A) The character, education, and experience in higher education of administrators, supervisors, counselors, agents, and other institutional officers shall reasonably ensure that the institution can maintain the standards of the Board and progress to accreditation within the time limits set by the Board.
(B) The chief academic officer shall hold an earned advanced degree appropriate for the mission of the institution, preferably, an earned doctorate awarded by an institution accredited by a recognized accrediting agency, and shall demonstrate sound aptitude for and experience with curriculum development and assessment; accreditation standards and processes as well as all relevant state regulations; leadership and development of faculty, including the promotion of scholarship, research, service, academic freedom and responsibility, and tenure (where applicable); and the promotion of student success.
(C) In the case of a renewal of a certificate of authority, the institutional officers also shall demonstrate a record of effective leadership in administering the institution.
(3) Governance. The institution shall have a system of governance that facilitates the accomplishment of the institution's mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, including students, faculty and staff. If the institution has a governing board consisting of at least three (3) members, and that board focuses on the accomplishment of the institution's mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, this standard will be considered as met. In the absence of such a governing board, the burden to establish appropriate safeguards within its system of governance and to demonstrate their effectiveness falls upon the institution.
(4) Distinction of Roles. The institution shall define the powers, duties and responsibilities of each element of the system of governance, to include the board of directors or trustees, the chief operating officer, president or director, the principal administrators, faculty, and students, if students participate in school governance.
(5) Financial Resources and Stability. The institution shall have adequate financial resources and financial stability to provide education of good quality and to be able to fulfill its commitments to students. The institution shall have sufficient reserves, line of credit, or surety instrument so that, together with tuition and fees, it would be able to complete its educational obligations to currently enrolled students if it were unable to admit any new students.
(6) Financial Records. Financial records and reports of the institution shall be kept and made separate and distinct from those of any affiliated or sponsoring person or entity. Financial records and reports at a not-for-profit institution shall be kept in accordance with the guidelines of the National Association of College and University Business Officers as set forth in College and University Business Administration (Sixth Edition), or such later editions as may be published. An annual independent audit of all fiscal accounts of the educational institution shall be authorized by the governing board and shall be performed by a properly authorized certified public accountant.
(7) Institutional Assessment. Continual and effective assessment, planning, and evaluation of all aspects of the institution shall be conducted to advance and improve the institution. These aspects include, but are not limited to, the academic program of teaching, research, and public service; administration; financial planning and control; student services; facilities and equipment, and auxiliary enterprises.
(8) Institutional Evaluation.
(A) The institution shall establish adequate procedures for planning and evaluation, define in measurable terms its expected educational results, and describe how those results will be achieved.
(B) For applied associate degree programs, the evaluation criteria shall include the following: mission, labor market need, curriculum, enrollment, graduates, student placement, follow-up results, ability to finance each program of study, facilities and equipment, instructional practices, student services, public and private linkages, qualifications of faculty and administrative personnel, and success of its students.
(C) For applied associate degree programs relating to occupations where state or national licensure is required, graduates must pass the licensing examination at a rate acceptable to the related licensing agency.
(9) Administrative Resources. The institution has the administrative capacity to meet the daily needs of the administration, faculty and students, including facilities, laboratories, equipment, technology and learning resources that support the institution's mission and programs
(10) Student Admission and Remediation.
(A) Upon the admission of a student to any undergraduate program, the institution shall document the student's level of preparation to undertake college level work by obtaining proof of the student's high school graduation or General Educational Development (GED) certification. If a GED is presented, to be valid, the score must be at or above the passing level set by the Texas Education Agency. The academic skills of each entering student may be assessed with an instrument of the institution's choice. The institution may provide an effective program of remediation for students diagnosed with deficiencies in their preparation for collegiate study.
(B) Upon the admission of a student to any graduate program, the institution shall document that the student is prepared to undertake graduate-level work by obtaining proof that the student holds a baccalaureate degree from an institution accredited by a recognized accrediting agency, or an institution holding a certificate of authority to offer baccalaureate degrees under the provisions of this chapter, or a degree from a foreign institution equivalent to a baccalaureate degree from an accredited institution. The procedures used by the institution for establishing the equivalency of a foreign degree shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials or its successor.
(11) Faculty Qualifications. The character, education, and experience in higher education of the faculty shall be such as may reasonably ensure that the students will receive an education consistent with the objectives of the course or program of study.
(A) Each faculty member, except as provided by subparagraph (E) of this paragraph, teaching in an academic associate, applied associate leading to required state or national licensure, or baccalaureate level degree program shall have at least a master's degree from an institution accredited by a recognized agency with at least eighteen (18) graduate semester credit hours in the discipline, or closely related discipline, being taught.
(B) Each faculty member except, as provided by subparagraph (E) of this paragraph, teaching career and technical courses in an applied associate degree program, or career and technical courses that academic associate or baccalaureate students may choose to take, shall have at least an associate degree in the discipline being taught from an institution accredited by a recognized agency and at least three (3) years of full-time direct or closely related experience in the discipline being taught.
(C) Each faculty member, except as provided by subparagraph (E) of this paragraph, teaching general education courses in an applied associate degree program shall have at least a baccalaureate degree from an institution accredited by a recognized accrediting agency with at least eighteen (18) graduate semester credit hours in the discipline, or closely related discipline, being taught.
(D) Except as provided by subparagraph (E) of this paragraph, graduate-level degree programs shall be taught by faculty holding doctorates, or other degrees generally recognized as the highest attainable in the discipline, or closely related discipline, awarded by institutions accredited by an agency recognized by the Board.
(E) With the approval of a majority of the institution's governing board, an individual with exceptional experience in the field of appointment, which may include direct and relevant work experience, professional licensure and certification, honors and awards, continuous documented excellence in teaching, or other demonstrated competencies and achievements, may serve as a faculty member without the degree credentials specified above. Such appointments shall be limited and the justification for each such appointment shall be fully documented. The Board may review the qualifications of the full complement of faculty providing instruction at the institution to verify that such appointments are justified.
(12) Faculty Size. There shall be a sufficient number of faculty holding full-time teaching appointments that are accessible to the students to ensure continuity and stability of the education program, adequate educational association between students and faculty and among the faculty members, and adequate opportunity for proper preparation for instruction and professional growth by faculty members. At the associate and baccalaureate levels, there shall be at least one (1) full-time faculty member in each program. At the graduate level, there shall be at least two (2) full-time faculty members in each program.
(13) Academic Freedom and Faculty Security. The institution shall adopt, adhere to, and distribute to all members of the faculty a statement of academic freedom assuring freedom in teaching, research, and publication. All policies and procedures concerning promotion, tenure, and non-renewal or termination of appointments, including for cause, shall be clearly stated and published in a faculty handbook, adhered to by the institution, and supplied to all faculty. The specific terms and conditions of employment of each faculty member shall be clearly described in a written document to be given to that faculty member, with a copy to be retained by the institution.
(14) Curriculum
(A) The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution and shall be such that the institution may reasonably and adequately achieve the stated objectives of the course or program. Each program shall adequately cover the breadth of knowledge of the discipline taught and coursework must build on the knowledge of previous courses to increase the rigor of instruction and the learning of students in the discipline. A majority of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution. An institution may offer for-credit coursework that does not directly relate to approved programs, provided that it does not exceed twenty-five (25) percent of all courses.
(B) Academic associate degrees must consist of at least sixty (60) semester credit hours and not more than sixty-six (66) semester credit hours or ninety (90) quarter credit hours and not more than ninety-nine (99) quarter credit hours. Applied associate degrees must consist of at least sixty (60) semester credit hours and not more than seventy-two (72) semester credit hours or ninety (90) quarter credit hours and not more than one hundred eight (108) quarter hours. A baccalaureate degree must consist of at least one hundred twenty (120) semester credit hours or one hundred eighty (180) quarter credit hours. A master's degree must consist of at least thirty (30) semester credit hours and not more than thirty-six (36) semester credit hours or forty-five (45) quarter credit hours and not more than fifty-four (54) quarter credit hours of graduate level work past the baccalaureate degree.
(C) Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs, and leveling courses for graduate programs, shall not count toward requirements for completion of the degree.
(D) The degree level, degree designation, and the designation of the major course of study shall be appropriate to the curriculum offered and shall be accurately listed on the student's diploma and transcript.
(15) General Education.
(A) Each academic associate degree program shall contain a general education component consisting of at least twenty (20) semester credit hours or thirty (30) quarter credit hours. Each applied associate degree program shall contain a general education component of at least fifteen (15) semester credit hours or twenty-three (23) quarter credit hours. Each baccalaureate degree program shall contain a general education component consisting of at least twenty-five (25) percent of the total hours required for graduation from the program.
(B) This component shall be drawn from each of the following areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural Sciences and Mathematics. It shall include courses to develop skills in written and oral communication and basic computer instruction.
(C) The applicant institution may arrange to have all or part of the general education component taught by another institution, provided that:
(i) the applicant institution's faculty shall design the general education requirement;
(ii) there shall be a written agreement between the institutions specifying the applicant institutions' general education requirements and the manner in which they will be met by the providing institution; and
(iii) the providing institution shall be accredited by a recognized accrediting agency or hold a certificate of authority.
(16) Credit for Work Completed Outside a Collegiate Setting.
(A) An institution awarding collegiate credit for work completed outside a collegiate setting (outside a degree-granting institution accredited by a recognized agency) shall establish and adhere to a systematic method for evaluating that work, shall award credit only in course content which falls within the authorized degree programs of the institution or, if by evaluative examination, falls within the standards for awarding credit by exam used by public universities in Texas, in an appropriate manner shall relate the credit to the student's current educational goals, and shall subject the institution's process and procedures for evaluating work completed outside a collegiate setting to ongoing review and evaluation by the institution's teaching faculty. To these ends, recognized evaluative examinations such as the Advanced Placement program (AP) or the College Level Examination Program (CLEP) may be used.
(B) No more than one half of the credit applied toward a student's associate or baccalaureate degree program may be based on work completed outside a collegiate setting. Those credits must be validated in the manner set forth in subparagraph (A) of this paragraph. No more than fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of that credit may be awarded by means other than recognized evaluative examinations. No graduate credit for work completed outside a collegiate setting may be awarded. In no instance may credit be awarded for life experience per se or merely for years of service in a position or job.
(17) Learning Resources. The institution shall maintain and ensure that students have access to learning resources with a collection of books, publications, on-line materials and other resources and with staff, services, equipment, and facilities that are adequate and appropriate for the purposes and enrollment of the institution. Learning resources shall be current, well distributed among fields in which the institution offers instructions, cataloged, logically organized, and readily located. The institution shall maintain a continuous plan for learning resources development and support, including objectives and selections of materials. Current and formal written agreements with other institutions or with other entities may be used. Institutions offering graduate work shall provide access to learning resources that include basic reference and bibliographic works and major journals in each discipline in which the graduate program is offered. Applied associate degree programs shall provide adequate and appropriate resources for completion of course work.
(18) Facilities. The institution shall have adequate space, equipment, and instructional materials to provide education of good quality. Student housing owned, maintained, or approved by the institution, if any, shall be appropriate, safe, adequate, and in compliance with applicable state and local requirements.
(19) Academic Records. Adequate records of each student's academic performance shall be securely and permanently maintained by the institution.
(A) The records for each student shall contain:
(i) student contact and identification information, including address and telephone number;
(ii) records of admission documents, such as high school diploma or GED (if undergraduate) or undergraduate degree (if graduate);
(iii) records of all courses attempted, including grade; completion status of the student, including the diploma, degree or award conferred to the student; and
(iv) any other information typically contained in academic records.
(B) Two copies of said records shall be maintained in secure places.
(C) Transcripts shall be provided upon request by a student, subject to the institution's obligation, if any, to cooperate with the rules and regulations governing state and federally guaranteed student loans.
(20) Accurate and Fair Representation in Publications, Advertising, and Promotion.
(A) Neither the institution nor its agents or other representatives shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type which are false, deceptive, misleading, or unfair. Likewise, all publications, by any medium, shall accurately and fairly represent the institution, its programs, available resources, tuition and fees, and requirements.
(B) The institution shall provide students, prospective students prior to enrollment, and other interested persons with a printed or electronically published catalog. Institutions relying on electronic catalogs must ensure the availability of archived editions in order to serve the needs of alumni and returning students. The catalog must contain, at minimum, the following information:
(i) the institution's mission;
(ii) a statement of admissions policies;
(iii) information describing the purpose, length, and objectives of the program or programs offered by the institution;
(iv) the schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study;
(v) cancellation and refund policies;
(vi) a definition of the unit of credit as it applies at the institution;
(vii) an explanation of satisfactory progress as it applies at the institution, including an explanation of the grading or marking system;
(viii) the institution's calendar, including the beginning and ending dates for each instructional term, holidays, and registration dates;
(ix) a complete listing of each regularly employed faculty member showing name, area of assignment, rank, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;
(x) a complete listing of each administrator showing name, title, area of assignment, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;
(xi) a statement of legal control with the names of the trustees, directors, and officers of the corporation;
(xii) a complete listing of all scholarships offered, if any;
(xiii) a statement describing the nature and extent of available student services;
(xiv) complete and clearly stated information about the transferability of credit to other postsecondary institutions including two-year and four-year colleges and universities;
(xv) any such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein; and
(xvi) any disclosures specified by the Board or defined in Board rules. Institutions relying on electronic catalogs must ensure the availability of archived editions in order to serve the needs of alumni and returning students.
(C) The institution shall adopt, publish, and adhere to a fair and equitable cancellation and refund policy.
(D) The institution shall provide to each prospective student, newly-enrolled student, and returning student, complete and clearly presented information indicating the institution's current graduation rate by program and, if required by the Board, job placement rate by program for applied associate degree programs.
(E) Any special requirements or limitations of program offerings for the students at the Texas branch must be made explicit in writing. This may be accomplished by either a separate section in the catalog or a brochure separate from the catalog. However, if a brochure is produced, the student must also be given the regular catalog.
(F) Upon satisfactory completion of the program of study, the student shall be given appropriate educational credentials indicating the degree level, degree designation, and the designation of the major course of study, and a transcript accurately listing the information typically found on such a document, subject to institutions' obligation, if any, to enforce the rules and regulations governing state, and federally guaranteed student loans by temporarily withholding such credentials.
(21) Academic Advising and Counseling. The institution shall provide an effective program of academic advising for all students enrolled. The program shall include orientation to the academic program, academic counseling, career information and planning, placement assistance, and testing services.
(22) Student Rights and Responsibilities. The institution shall establish and adhere to a clear and fair policy regarding due process in disciplinary matters; outline the established grievance process of the institution, which shall indicate that students should follow this process and may contact the Board and/or Attorney General to file a complaint about the institution if all other avenues have been exhausted, and publish these policies in a handbook, which shall include other rights and responsibilities of the students. This handbook shall be supplied in print or electronically to each student upon enrollment in the institution.
(23) Health and Safety. The institution shall provide an effective program of health and safety education reflecting the needs of the students. The program shall include information on emergency and safety procedures at the institution, including appropriate responses to illness, accident, fire, and crime.
(24) Learning Outcomes. An institution may deviate from Standard 11 relating to Faculty Qualifications, Standard 12 relating to Faculty Size, Standard 16 relating to Credit for Work Completed Outside a Collegiate Setting, and Standard 17 relating to Learning Resources, if there is an objective system of assessing learning outcomes in place for each part of the curriculum and the institution can demonstrate that appropriate learning outcomes are being achieved.
§7.8.Alternative Certificate of Authority.
In lieu of the standard certification of authority requirements for institutions and their agents in §§7.7, 7.11, and 7.12 of this chapter, an institution may obtain an alternative certificate of authority to issue degrees as provided by this section. Alternative certificates of authority shall be issued by the Commissioner and are temporary, being valid for twelve (12) months, after which a regular certificate of authority shall be required. A site visit shall be conducted by Board staff during the initial twelve month period.
(1) Surety Instrument Requirement
(A) At the time application is made for an alternative certificate of authority, or when new programs, stand-alone courses or continuing education courses are added, the applicant shall file with the Board a surety bond or surety alternative which meets the requirements set forth in these sections. Schools located in Texas shall file one bond or surety alternative covering the school and its agents.
(B) The amount of the bond or other allowable surety instrument submitted to the Board with an application for an alternative certificate of authority shall be equal to or greater than the cost of providing a refund, including administrative costs associated with processing claims, for the maximum prepaid, unearned tuition and fees of the school for a period or term during the applicable school year for which programs of instruction are offered, including, but not limited to, on a semester, quarter, monthly, or class basis; except that the period or term of greatest duration and expense shall be utilized for this computation where a school's year consists of one or more such periods or terms.
(C) A school, whose surety value is found by the Board to be insufficient to fund the unearned, prepaid tuition of enrolled students, shall be noncompliant with these sections, and, if, after ten (10) working days from the issuance of a notice of noncompliance, the school has not increased its surety to an acceptable level, it shall be subject to revocation or suspension of its alternative certificate of authority.
(D) Following the initial filing of the surety bond with the Board, the amount of the bond shall be recalculated annually based upon a reasonable estimate of the maximum prepaid, unearned tuition and fees received by the school for such period or term. In no case shall the amount of the bond be less than twenty-five thousand dollars ($25,000).
(E) The institution shall include a proposal in the form of a letter signed by an authorized representative of the school showing in detail the calculations made pursuant to this section and explaining the method used for computing the amount of the bond or surety alternative.
(F) In order to be approved by the Board, a surety bond must be:
(i) Executed by the applicant and by a surety company authorized to do business in Texas;
(ii) In a form acceptable to the Board;
(iii) Conditioned to provide indemnification to any student or enrollee of an in-state or out-of-state school or his/her parent or guardian determined by the Board to have suffered a loss of tuition or any fees as a result of violation of any minimum standard or as a result of a holder of an Alternative Certificate of Authority ceasing operation; and
(iv) An original bond.
(G) In lieu of a surety bond, an applicant may file with the Board an assignment of savings account that:
(i) Is in a form acceptable to the Board;
(ii) Is executed by the applicant; and
(iii) Is executed by a state or federal savings and loan association, state bank or national bank whose accounts are insured by a federal depositor's corporation.
(H) In lieu of a surety bond, an applicant may file with the Board a certificate of deposit that:
(i) Is issued by a state or federal savings and loan association, state bank or national bank whose accounts are insured by a federal depositor's corporation;
(ii) Is either:
(I) Payable to the Board;
(II) In the case of a negotiable certificate of deposit, is properly assigned without restriction to the Board; or
(III) In the case of a non-negotiable certificate of deposit, is assigned to the Board by assignment in a form satisfactory to the Board.
(I) In lieu of a surety bond, an applicant may file with the Board an irrevocable letter of credit that:
(i) Is in a form acceptable to the Board; and
(ii) Conditioned to provide indemnification to any student or enrollee of the school or his/her parent or guardian determined by the Board to have suffered loss of tuition or any fees as a result of violation of any minimum standard or as a result of a holder of an alternative certificate of authority ceasing operation.
(J) In lieu of a surety bond, an applicant may file with the Board a properly executed participation contract with a private association, partnership, corporation or other entity whose membership is comprised of postsecondary institutions, which:
(i) Is in a form acceptable to the Board; and
(ii) Conditioned to provide indemnification to any student or enrollee of the school or his/her parent or guardian determined by the Board to have suffered loss of prepaid tuition or any fees as a result of violation of any minimum standard or as a result of a holder of an alternative certificate of authority ceasing operation, and provides evidence satisfactory to the Board of its financial ability to provide such indemnification and lists the amount of surety liability the alternative entity will assume.
(K) Whenever these sections require a document to be executed by an applicant the following shall prevail:
(i) If the applicant is a corporation, the document must be executed by the president of the corporation or persons designated by the corporate board.
(ii) If the applicant is a limited liability corporation the document must be executed by the members.
(iii) If the applicant is a partnership, the document must be executed by all general partners.
(iv) If the applicant is an individual, the document must be signed by the individual.
(v) If the applicant is a state agency, the document must be signed by the Director of that Department.
(vi) If the applicant is a local government, the document must be signed by the mayor or board president.
(L) Any bonding alternative entity must have independent financial resources necessary to meet the contractual obligation to the students of a failed member institution and resources equal to or exceeding the maximum bonds required of all single schools.
(M) A school applying for an alternative certificate of authority shall be exempt from the surety instrument requirement if it can demonstrate a United States Department of Education composite financial responsibility score of 1.5 or greater on its current financial statement; or if it can demonstrate a composite score between 1.1 and 1.4 on its current financial statement and has scored at least 1.5 on a financial statement in either of the prior two (2) years.
(2) Application and Statement. Institutions seeking an alternative certificate of authority are urged to obtain informal guidance from Board staff before filing a formal application. The Board will accept applications for an alternative certificate of authority only from those institutions proposing to offer a degree or credit courses alleged to be applicable to a degree.
(3) An institution seeking an alternative certificate of authority shall submit to the Board a completed application, which must demonstrate it meets, or has the ability to meet, depending on circumstances, the standards set out in §7.5 of this chapter (relating to Standards for Operation of Institutions); a signed and dated affirmation statement, acknowledging compliance with certification criteria set forth in this section; and a notarized attestation statement signed by the chief executive officer or equivalent and evidence of approval from the Texas Workforce Commission. The Board will not approve an application for an Alternative Certificate of Authority unless the Texas Workforce Commission has approved the institution to offer a course of instruction or has been issued an exemption. The application form shall contain:
(A) The name and address of the institution and its purpose;
(B) The names of the sponsors or owners of the institution;
(C) The regulations, rules, constitutions, bylaws, or other regulations established for the governance and operation of the institution;
(D) The names and addresses of the chief administrative officer, the principal administrators, and each member of the board of trustees or other governing board;
(E) The names of faculty who have been retained, their area(s) of teaching, and their degrees held;
(F) The types of degrees to be awarded and a list of courses that may be included in each degree program; and
(G) The location of any facilities maintained or being constructed and a list of potentially hazardous equipment which requires a federal or state government license to operate, if any has been acquired, that is to be used by students in the teaching process.
(4) Institutions shall certify that they maintain a list of their agents as defined in §7.3 of this chapter (relating to Definitions) and have policies to ensure that their agents are of good character and provide accurate information to prospective students and their families, but such agents are not required to register with the Board or submit a fee.
(5) Applications must be submitted with an original and four copies and accompanied by the required fee. Alternative certificate of authority fees shall be five hundred dollars ($500) more than the fee for a regular certificate of authority, as established in §7.7(c) of this chapter (relating to Certificate of Authority).
(6) Board's review of applications.
(A) Within ninety (90) days of receipt of a complete application, Board staff will review said application and recommend to the Commissioner either approval or denial of the application.
(B) Within one hundred twenty (120) days of receipt of a complete application, the Commissioner shall either award a one-year certificate of authority or deny the application.
(C) If a determination under this section is adverse to an institution, it shall become final and binding unless, within forty-five (45) days of its receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).
(7) Terms and limitations of an alternative certificate of authority.
(A) The alternative certificate of authority to grant degrees is valid for one (1) year from the date of issuance.
(B) The institution shall notify the Board at least ten (10) working days prior to the start of the first class of its first year schedule. Board staff shall visit the institution and interview both staff and students at least once during the first year.
(C) Certification by the State of Texas is not accreditation, but merely a protection of the public interest while the institution pursues accreditation from a recognized agency, within the time limitations expressed in §7.7(d)(6)(D) of this chapter. An institution awarded an alternative certificate of authority shall not use terms to interpret the significance of the certificate which specify, imply, or connote greater approval than simple permission to operate and grant degrees in Texas. Terms which may not be used include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended" by the State of Texas or agency thereof. Specific language prescribed by the Commissioner which explains the significance of the alternative certificate of authority shall be included in all publications, advertisements, and other documents where certification and the accreditation status of the institution are usually mentioned, including the institution's catalog and the home page of the institution's Internet website.
(D) The Commissioner may revoke an institution's alternative certificate of authority to grant degrees at any time if the Commissioner finds that:
(i) Any statement contained in an application for the certificate is untrue;
(ii) The institution has failed to maintain the standards of the Board, as described herein, on the basis of which the certificate was granted;
(iii) Advertising or representations made on behalf of the institution is deceptive or misleading; or
(iv) The institution has violated any provision of this subchapter.
(8) Continuing operations after one year.
(A) At least one hundred eighty (180) days, but no more than two hundred ten (210) days, prior to the expiration of the current alternative certificate of authority, an institution, if it desires to continue operations, shall make application to the Board following the process in §7.7(h) of this chapter.
(B) The application will be evaluated in the same manner as that prescribed for evaluation of an initial application.
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 February 10, 2009.
TRD-200900533
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: March 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 427-6114
SUBCHAPTER I. RULES APPLYING TO ENERGY SAVINGS PERFORMANCE CONTRACT PROJECTS
The Texas Higher Education Coordinating Board adopts amendments to §17.80 and §17.82 concerning rules applying to energy savings performance contract projects without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9041). Specifically, the purpose of these amendments is to address recommendations presented by the State Auditor's Office following its review of energy performance contracts at state buildings conducted earlier this year.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §61.9624.
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 February 10, 2009.
TRD-200900534
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: March 2, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 427-6114
SUBCHAPTER NN. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
19 TAC §§21.2100, 21.2101, 21.2103, 21.2106 - 21.2108
The Texas Higher Education Coordinating Board adopts amendments to §§21.2100, 21.2101, 21.2103 and 21.2106 - 21.2108, concerning the Exemption Program for Veterans and Their Dependents (The Hazlewood Act), without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8860).
Specifically, §21.2100(7) - (19) are renumbered due to the deletion of §21.2100(6) and §21.2100(10). The deletion of §21.2100(6) and §21.2100(10) would eliminate the definitions of "Commissioner" and "Federal Survivor Benefits," respectively, as these terms no longer appear in the text of this rule. The amendment to renumbered §21.2100(7) removes the reference to the qualifications for a dependent child, as the term "dependent" only applies to children who are not biological or adopted. The amendment to renumbered §21.2100(12) expands the definition of "Identification number" to include a school-assigned identification number for eligible veterans who are non-U.S. citizens. The amendment to §21.2101(a) clarifies the types of fees for which the exemption cannot be used. The amendment to §21.2101(b) specifies that Hazlewood benefits can be combined with federal education benefits based on their combined value for the entire semester. The amendment to §21.2103(1) deletes "dependent" from the description of children as, by definition in these rules, "children" does not require a person to have been a dependent if he or she was a biological or adopted child at the time the parent died or became disabled. The amendment to §21.2106 updates the section title from "Applications" to "Awards," which is a better representation of the section's content. In §21.2106(a)(1), the amendment clarifies that only Hazlewood hours used since Fall 1995 count against a student's 150 hours of eligibility. The amendment to §21.2107 deletes two words that are duplicated. The amendment to §21.2108(a)(2) deletes the reference to "social security number," as a school-assigned identification number is now acceptable.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §54.203, which provides the Coordinating Board with the authority to adopt rules to provide for the efficient and uniform application of 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 February 10, 2009.
TRD-200900535
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: March 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 427-6114
SUBCHAPTER K. PROVISIONS FOR SCHOLARSHIPS FOR STUDENTS GRADUATING IN THE TOP 10 PERCENT OF THEIR HIGH SCHOOL CLASS
The Texas Higher Education Coordinating Board adopts new §§22.196 - 22.202, concerning Provisions for Scholarships for Students Graduating in the Top 10 Percent of Their High School Class without changes to the proposed text as published in the October 17, 2008, issue of the Texas Register (33 TexReg 8639).
House Bill 1, General Appropriations Act of the 80th Texas Legislature, §55, (III-58), instructs the Coordinating Board to develop, in conjunction with the Governor's Office, a program to provide scholarships for undergraduate students who have graduated in the top 10 percent of their high school graduating class from an accredited Texas high school. The new sections establish definitions, identify the eligibility requirements for the scholarships, and set the award amounts and selection criteria for the program. Scholarships will be awarded for the 2009-2010 academic year. The Governor's Office and the Coordinating Board staff reached agreement on these proposed rules after extensive discussions. The legislation requires that the scholarship program be in place and the funds distributed by the end of fiscal year 2009.
No comments were received regarding the new sections.
The new sections 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 February 10, 2009.
TRD-200900536
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: March 2, 2009
Proposal publication date: October 17, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts amendments to §22.228, concerning the Toward EXcellence, Access, and Success (TEXAS) Grant Program, without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8862). Specifically, the amendment to subsection (b)(3) corrects the citation relating to Hardship Provisions. The amendment to subsection (b)(7) corrects the citation relating to Satisfactory Academic Progress. Subsection (c) (Discontinuation of Eligibility or Non-Eligibility) was proposed for deletion in its entirety, as these procedures are addressed in §22.230.
The Texas Higher Education Coordinating Board adopts amendments to §22.228 without changes to the proposed text as published in the October 31, 2008, issue of the Texas Register (33 TexReg 8862), concerning the Toward EXcellence, Access, & Success (TEXAS) Grant Program. Specifically, the amendment to Subsection 22.228(b)(3) corrects the citation relating to Hardship Provisions. The amendment to Subsection (b)(7) corrects the citation relating to Satisfactory Academic Progress. Subsection 22.228(c) (Discontinuation of Eligibility or Non-Eligibility) is proposed for deletion in its entirety, as these procedures are addressed in §22.230.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §56.303, which provides the Coordinating Board with the authority to adopt any rules necessary to implement the TEXAS 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 February 10, 2009.
TRD-200900537
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: March 2, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 427-6114