PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 1. AGENCY ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
19 TAC §1.16
The Texas Higher Education Coordinating Board proposes
an amendment to §1.16, concerning Contracts for Materials and
Services.
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.
Mr. William M. Franz, General Counsel, has determined that for
each year of the first five years the section is in effect, there
will not be any fiscal implications to state or local government as
a result of enforcing or administering the rule.
Mr. Franz has also determined that for each year of the first five
years the section is in effect, the public benefit anticipated as
a result of administering the section will be the increased efficiency
of the contracting process. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required
to comply with the section as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to William M. Franz,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin,
Texas 78711, william.franz@thecb.state.tx.us. Comments will be accepted
for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to make rules.
The amendment affects Texas Education Code, §61.027.
§1.16.Contracts for Materials and Services.
(a) - (g) (No change.)
(h) In the event that the
Board or the Agency Operations Committee, as applicable, has approved
the issuance of a request for the purchase of materials or services
that will result in the letting of contracts, including grants, to
multiple vendors or providers of services, any resulting contract
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 subsection (c) of this section, shall provide final
approval of contracts with the selected vendors or providers of services
if the contract amount is less than or equal to $100,000.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902425
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER E. APPROVAL OF DISTANCE EDUCATION, OFF-CAMPUS, AND EXTENSION COURSES AND PROGRAMS FOR PUBLIC INSTITUTIONS
19 TAC §4.105
The Texas Higher Education Coordinating Board proposes
amendments to §4.105, concerning Functions of Regional Councils,
for the purpose of complying with Texas Education Code §130.008(d)
and (d-1). Passage of House Bill 2480 during the regular session of
the 81st Texas Legislature amended Texas Education Code §130.008(d)
and (d-1) by adding language that permits a public community college
to enter into an agreement with a high school located in the service
area of another public community college to offer a dual credit course
only if the local public community college is unable to provide the
requested course to the satisfaction of the school district and has
been invited to do so by the ISD.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for each year of the first
five years the amendments are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering
the rule.
Dr. Stephenson has also determined that for each year of the first
five years the amendments are in effect, the high schools desiring
to enter into agreements with public community colleges for the provision
of dual credit courses will be able to partner with colleges regardless
of the college area in which the high school is located. There are
no anticipated economic costs to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Dr. MacGregor
Stephenson, Assistant Commissioner, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, Texas 78711 or macgregor.stephenson@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the provisions of 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.
The amendments affect implementation of Texas Education Code, Chapter
130, Subchapter A, §130.008(d) and (d-1).
§4.105.Functions of Regional Councils.
(a) A public community
college may enter into an agreement to offer only a dual credit course
with a high school located in the service area of another public community
college only if the other public community college is unable to provide
the requested course to the satisfaction of the school district and
the school district has explicitly invited the institution to do so.
(b) [
(c) [
(d) A public community
college proposing to offer a course at a high school outside of the
college's service area shall notify the Regional Council in whose
service area the high school is located. It must provide a letter
from the school district stating that the local community college
is not offering the proposed dual credit course to the satisfaction
of the school district and that the school district has invited the
other community college to offer the course.
(e) [
(f) [
(g) [
(h) [
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902426
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§4.215 - 4.218
The Texas Higher Education Coordinating Board proposes
new §§4.215 - 4.218, concerning Notice Regarding the Availability
of Higher Education Textbooks through Multiple Retailers. The new
sections result from House Bill 1096, 81st Texas Legislature which
added Texas Education Code §51.9705 to 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 sections also describe
the timeframe during which an institution shall provide notification.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for each year of the first
five years the new sections are in effect, there will be no fiscal
implications to state or local government as a result of enforcing
or administering the rules.
Dr. Stephenson has also determined that for each year of the first
five years the new sections are in effect, the public benefit anticipated
as a result of administering the new sections will be in enabling
students to know about the availability of textbooks at outlets other
than the campus. There is no effect on small or micro businesses.
There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to Dr. MacGregor Stephenson,
Assistant Commissioner, Texas Higher Education Coordinating Board,
P.O. Box 12788, Austin, Texas 78711 or macgregor.stephenson@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The new sections are proposed under the Texas Education
Code, §51.9705.
The new sections affect implementation of Texas Education Code, §51.9705.
§4.215.Authority and Purpose.
(a) Authority. Authority for this subchapter is provided
in the Texas Education Code, §51.9705, Notice Regarding Availability
of Textbooks through Multiple Retailers. The rules in this subchapter
establish procedures to administer this provision of notice.
(b) Purpose. The purpose of this subchapter is to establish
a procedure by which each institution of higher education shall provide
to each student enrolled at the institution written notice regarding
the availability of required or recommended textbooks through university-affiliated
bookstores and through retailers other than university-affiliated
bookstores.
§4.216.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) Institution of Higher Education or Institution--Any
public technical institute, public junior college, public senior college
or university, medical or dental unit or other agency of higher education
as defined in Texas Education Code, §61.003(8).
(2) "University-affiliated bookstore"--A bookstore that:
(A) sells textbooks for courses offered by an institution
of higher education, regardless of whether the bookstore is located
on the campus of the institution;
(B) is operated by or with the approval of the institution
through ownership, a management agreement, a lease or rental agreement,
or otherwise; and
(C) for the purposes of this subchapter, a "university-affiliated
bookstore" also includes a bookstore similarly affiliated with any
public institution of higher education as defined in paragraph (1)
of this section.
§4.217.Notification Requirement.
Each institution of higher education shall provide to each
student enrolled at the institution written notice regarding the availability
of required or recommended textbooks through university-affiliated
bookstores and through retailers other than university-affiliated
bookstores.
§4.218.Notification Procedures.
(a) Each institution of higher education shall provide
written notice regarding the availability of textbooks:
(1) to each student of the institution during the week
preceding each fall and spring semester;
(2) to each student enrolled at the institution in
a semester or summer term during the first three weeks of the semester
or the first week of the summer term, as applicable; and
(3) to students or prospective students of the institution
attending an orientation conducted by or for the institution.
(b) The notice shall be provided in a hard-copy or
electronic format in a manner that ensures that the notice is reasonably
likely to come to the attention of a student receiving the notice.
For current students of an institution, an e-mail sent to the student's
designated e-mail address, or institutional e-mail account if another
is not designated, shall be sufficient, as shall a hard copy mailed
to the student's physical address. For students or prospective students
attending an orientation, either an e-mail to their designated e-mail
address or a hard copy provided directly to the students shall be
sufficient.
(c) The notice must contain the following statement:
"A student of this institution is not under any obligation to purchase
a textbook from a university-affiliated bookstore. The same textbook
may also be available from an independent retailer, including an online
retailer."
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902427
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER A. GENERAL PROVISIONS
19 TAC §5.5
The Texas Higher Education Coordinating Board proposes
amendments to §5.5, concerning rules applying to the automatic
admission of certain high school graduates to public universities.
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.
Ms. Susan Brown, Assistant Commissioner, Planning and Accountability,
has determined that for each year of the first five years the section
is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rule.
Ms. Brown has also determined that for each year of the first five
years the section is in effect, the public benefit anticipated as
a result of administering the section will be more flexibility for
The University of Texas at Austin to select an entering undergraduate
class that is outstanding. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required
to comply with the section as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to Janet Beinke, Director
of Planning, Planning and Accountability, 1200 East Anderson Lane,
Austin, TX 78752, janet.beinke@thecb.state.tx.us. Comments will be
accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the authority of Texas
Education Code, §61.027.
The amendments affect Texas Education Code, §51.803.
§5.5.Uniform Admission Policy.
(a) Each public university shall admit first-time
undergraduate [
(b) - (c) (No change.)
(d) For the period from
the 2011-2012 academic year through the 2015-2016 academic year, The
University of Texas at Austin is not required to admit applicants
in excess of the number needed to fill 75 percent of first-time resident
undergraduate students.
(e) [
(1) Class rank shall be based on the end of the 11th
grade, middle of the 12th grade, or at high school graduation, whichever
is most recent at the application deadline.
(2) The top 10 percent of a high school class shall
not contain more than 10 percent of the total class size.
(3) The student's rank shall be reported by the applicant's
high school or school district as a specific number out of a specific
number total class size.
(4) Class rank shall be determined by the school or
school district from which the student graduated or is expected to graduate.
(f) [
(1) At least 97 percent of first-time freshmen admitted
are in the top 10 percent of their high school class and;
(2) Clear guidelines are established for the selection
of students based on one or a specified combination of the following methods:
(A) A lottery in which all students qualified for automatic
admission have an equal chance for selection;
(B) Students are selected on a first-come, first-admitted
basis following receipt of a complete application; or
(C) At least four or more criteria identified in Texas
Education Code, §51.805 are used to select students admitted.
(g) [
(h) [
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902428
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR COLLEGES
19 TAC §9.144
The Texas Higher Education Coordinating Board proposes
amendments to §9.144, concerning Partnership Agreements for the
purpose of complying with Texas Education Code §130.008(d) and
(d-1). Passage of House Bill 2480 during the regular session of the
81st Texas Legislature amended Texas Education Code §130.008(d)
and (d-1) by adding language that permits a public community college
to enter into an agreement with a high school located in the service
area of another public community college to offer a dual credit course
only if the local public community college is unable to provide the
requested course to the satisfaction of the school district and has
been invited to do so by the ISD.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for each year of the first
five years the amendments are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the rule.
Dr. Stephenson has also determined that for each year of the first
five years the amendments are in effect, the high schools desiring
to enter into agreements with public community colleges for the provision
of dual credit courses will be able to partner with colleges regardless
of the college area in which the high school is located. There is
no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposed amendments may be submitted to Dr. MacGregor
Stephenson, Assistant Commissioner, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, Texas 78711 or macgregor.stephenson@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the provisions of Texas
Education Code, §§61.027, 61.061, and 61.062(c) and 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.
The proposed amendments affect implementation of Texas Education
Code, Chapter 130, Subchapter A, §130.008(d) and (d-1).
§9.144.Partnership Agreements.
(a) A public community
college may enter into an agreement to offer only a dual credit course
with a high school located in the service area of another public community
college only if the other public community college is unable to provide
the requested course to the satisfaction of the school district and
the school district has explicitly invited the institution to do so.
(b) [
(c) [
(1) student eligibility requirements;
(2) faculty qualifications;
(3) location and student composition of classes;
(4) provision of student learning and support services;
(5) eligible courses;
(6) grading criteria;
(7) transcripting of credit; and
(8) funding provisions.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902429
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER F. FORMULA FUNDING AND TUITION CHARGES FOR REPEATED AND EXCESS HOURS OF UNDERGRADUATE STUDENTS
19 TAC §13.104
The Texas Higher Education Coordinating Board proposes
amendments to §13.104, concerning rules applying to formula funding
and tuition charges for repeated and excess hours of undergraduate students.
Specifically, in compliance with House Bill 101 and Senate Bill
1343, 81st Texas Legislature, the proposed 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.
Ms. Susan Brown, Assistant Commissioner, Planning and Accountability
has determined that for each year of the first five years the section
is in effect, the additional cost to the Coordinating Board will be
approximately ten thousand dollars per year for a total five year
cost of $50,627. There will not be any fiscal implications to local
government as a result of enforcing or administering the rule.
Ms. Brown has also determined that for each year of the first five
years the section is in effect, the public benefit anticipated as
a result of administering the section will be more equitable treatment
of those students pursuing college coursework at the high school level.
They will not be penalized for pursing advanced education goals while
in high school. There is no effect on small businesses. There are
no anticipated economic costs to persons who are required to comply
with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Gary W. Johnstone,
Deputy Assistant Commissioner, Planning and Accountability, 1200 East
Anderson Lane, Austin, TX 78752, gary.johnstone@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, §61.0595(d).
The amendments affect Texas Education Code, §61.0595.
§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
an associate or a bachelor's degree that has been previously awarded
to the student;
(2) - (3) (No change.)
(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 proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902430
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§13.200 - 13.202
The Texas Higher Education Coordinating Board proposes
amendments to §§13.200 - 13.202, concerning the Engineering
Summer Program (ESP), codified as Texas Education Code §61.791.
These rules describe the 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.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for each year of the first
five years the amendments are in effect, there will be no fiscal implications
to state or local government as a result of enforcing or administering the rules.
Dr. Stephenson has also determined that for each of the first five
years the amendments are in effect the public benefit will be that
because the engineering fields require significant understanding and
use of math and science, encouraging students early in their education
to continue their studies in these areas is essential. If Texas is
to remain competitive nationally and internationally as a leader in
engineering, maintaining and increasing the number of students pursuing
these fields is critical. The Engineering Summer Program provides
an excellent opportunity to encourage students to continue their math
and science studies and allows students to recognize that they have
the ability to succeed as future engineers. There is no effect on
small businesses. There are no economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to Reinold Cornelius,
Program Director, Texas Higher Education Coordinating Board, P.O.
Box 12788, Austin, Texas 78711 or reinold.cornelius@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, §61.791(b), which requires the Coordinating Board to establish
rules for the ESP program.
The amendments affect implementation of Texas Education Code, §61.791
and §61.793.
§13.200.Authority, Scope, and Purpose.
(a) Authority. Authority for this subchapter is provided
in the Texas Education Code, Subchapter Q, Engineering Recruitment
Programs. This subchapter establishes rules for administering the
engineering [
(b) Scope. Unless otherwise noted, this subchapter
applies to [
(c) Purpose. The purpose of the program [
§13.201.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) - (2) (No change.)
(3) Eligible institution--Any public general
academic teaching institution or any private or independent institution
of higher education [
(4) [
§13.202.Summer Program [
(a) A summer program [
(b) Once every fiscal year, depending on available
funding, the Commissioner may authorize distribution of a request
for application [
(c) The Board shall post the request for
application [
(d) The request for application [
(1) require a one-week summer program
with a minimum of 36 contact hours per week;
(2) [
(3) require applying [
(4) require participants to have [
(5) specify [
(e) Each eligible institution may submit one
application [
(f) All [
(g) All institutions receiving
a grant for a summer program shall submit a final financial report
to the Board within 90 days of the end of the award period. The Commissioner
shall specify the format for the report.
(h) [
(i) [
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902431
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER A. GENERAL PROVISIONS
19 TAC §14.1, §14.2
The Texas Higher Education Coordinating Board (THECB
or Board) proposes amendments to §14.1 and §14.2, related
to General Provisions. 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.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for each year of the first
five years the chapter is in effect, there are no fiscal implications
to state or local government as a result of the proposed rule change.
Dr. Stephenson has also determined that for each year of the first
five years the chapter is in effect, the proposed rule changes will
not alter the public benefit or the local employment impact. There
is no effect on small business, micro business or individuals.
Comments on the proposal may be submitted to Stacey Silverman,
Director, Texas Higher Education Coordinating Board, P.O. Box 12788,
Austin, Texas 78711 or Stacey.Silverman@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal
in the Texas Register.
The amendments are proposed under the Texas Education
Code, §61.027, which authorizes the THECB to establish rules
for the Norman Hackerman Advanced Research Program.
The amendments affect implementation of Texas Education Code, Chapter
142 and 143.
§14.1.Definitions.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
(1) - (3) (No change.)
(4) Research program--the Norman Hackerman Advanced
Research Program.
(5) - (6) (No change.)
(7) Research funding programs--the Norman Hackerman Advanced
Research Program, Advanced Technology Program, and Technology Development
and Transfer Program.
(8) - (9) (No change.)
(10) Investigator--an applicant whose name appears
as a principal investigator, co-investigator [
(11) (No change.)
§14.2.Authority and Scope.
(a) - (b) (No change.)
(c) This chapter provides the Coordinating Board the
regulating rules applicable to the administration of the
Norman Hackerman Advanced Research Program, Advanced Technology Program,
Technology Development and Transfer Program, and other related programs.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902432
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §14.11, §14.12
The Texas Higher Education Coordinating Board (THECB)
proposes amendments to §14.11 and §14.12, related to the
Advanced Research Program. These rules 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.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for each year of the first
five years the chapter is in effect, there are no fiscal implications
to state or local government as a result of the proposed rule change.
Dr. Stephenson has also determined that for each year of the first
five years the chapter is in effect, the proposed rule changes will
not alter the public benefit or the local employment impact. There
is no effect on small business, micro business or individuals.
Comments on the proposal may be submitted to Stacey Silverman,
Director, Texas Higher Education Coordinating Board, P.O. Box 12788,
Austin, Texas 78711 or Stacey.Silverman@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal
in the Texas Register.
The amendments are proposed under the Texas Education
Code, §61.027, which requires the THECB to establish rules for
the Norman Hackerman Advanced Research Program.
The amendments affect implementation of Texas Education Code, Chapter 142 and 143.
§14.11.Purpose.
(a) (No change.)
(b) The research program is established to encourage
and provide support for basic research conducted
by faculty and students in eligible public
and independent institutions
in Texas in the research areas specified by Texas Education Code, §142.002
and as revised by the Advisory Committee.
§14.12.Eligibility.
(a) Only eligible public and independent institutions,
as specified in Texas Education Code §61.003 may
compete in [
(b) An eligible public or independent institution
must be accredited by the Commission on Colleges of the Southern Association
of Colleges and Schools.
(c) An eligible public or independent institution
must have adopted an intellectual property policy meeting the minimal
standards set out in Texas Education Code, §51.680. A copy of
the policy must be approved by the Commissioner and be on file at
the Coordinating Board.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902433
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER B. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS
19 TAC §21.29
The Texas Higher Education Coordinating Board proposes
amendments to §21.29, concerning the Determination of Resident
Status and Waiver Programs for Certain Nonresident Persons.
Specifically, the proposed 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 proposed 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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the amendments are in effect,
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first
five years the amendments are in effect, the public benefit anticipated
as a result of this change will be that the rule will reflect new
statutes authorizing the listed waivers. There is no effect on small
businesses. There are no anticipated economic costs to persons who
are required to comply with the section as proposed. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6165, dan.weaver@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed 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.
The amendments affect Texas Education Code, §54.058 and §54.064.
§21.29.Waiver Programs for Certain Nonresident Persons.
A person who is classified as a nonresident under the provisions
of this section shall be permitted to pay resident tuition, if the
person qualifies for one of the following waiver programs:
(1) - (3) (No change.)
(4) Program for Competitive Scholarship Recipients.
(A) A nonresident person (including a Citizen, Permanent
Resident of the U.S., a person who is eligible to be a Permanent Resident
of the U.S., and an eligible nonimmigrant) who receives a competitive
scholarship from the institution may be allowed [
(B) - (G) (No change.)
(H) A student awarded a
competitive scholarship prior to fall 2009 that entitled him or her
to pay resident tuition in the 2009-2010 academic year is entitled
to continue paying resident tuition in subsequent semesters if awarded
competitive scholarships in keeping with this paragraph and if the
student remains enrolled in the same certificate or degree program.
This provision expires August 1, 2014.
(5) - (9) (No change.)
(10) Programs for Military and Their Families. Members
of the U.S. Armed Forces, Army National Guard, Air National Guard,
Army, Air Force, Navy, Marine Corps or Coast Guard Reserves and Commissioned
Officers of the Public Health Service, and their Spouses or Dependent
Children.
(A) - (H) (No change.)
(I) Persons Eligible for
Federal Education Benefits for Veterans, their Spouses and Children.
Persons eligible for benefits under the federal Post 9/11 Veterans
Educational Assistance Act of 2008, or any other federal law authorizing
educational benefits for veterans, are eligible to pay the resident
tuition rate without regard to the length of time they have been in
the state, as are their spouses and children (including stepchildren),
if they meet the following conditions:
(i) file a letter of intent with their institution
to establish residency in Texas;
(ii) reside in this state while enrolled
in the institution;
(iii) if qualifying as a child, be 25 years
of age or younger on the first day of the term in which the person
is registering unless meeting the hardship provisions described in
clause (iv) of this subparagraph; and
(iv) if the child applying for an exemption
under this provision is 25 years of age or older but can provide proof
to the institution of severe illness or other debilitating condition
that affected the person's ability to use the benefit before reaching
that age, the child's period of eligibility to use the waiver shall
be extended for a length of time equal to the period of illness or
incapacity.
(11) (No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902364
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.1081, 21.1083, 21.1084
The Texas Higher Education Coordinating Board proposes
amendments to §§21.1081, 21.1083, and 21.1084, concerning
the Educational Aide Exemption Program.
Specifically, the proposed amendment to §21.1081 clarifies
that program officers are to determine student eligibility. This is
a new requirement for the institutions, mandated by Senate Bill 1798,
Texas Legislature. The proposed amendment to §21.1083 would add
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 proposed 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 proposed 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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the amendments are in effect
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the amendments are in effect, the public benefit anticipated
as a result of administering the sections will be that the rules will
reflect current statutes governing the administration of the program.
There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed 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.
The amendments affect Texas Education Code, §54.214.
§21.1081.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) - (5) (No change.)
(6) Financial need--An indication of a student's inability
to meet the full cost of attending a college or university, measured
by one of the following methods:
(A) (No change.)
(B) An income methodology, which considers a student
to have financial need if his or her adjusted gross annual income
is less than income levels set annually by the Commissioner. If the
student is a dependent, the family's adjusted gross family income
is considered; if the student is independent, only the student's income
(and the income of the student's spouse, if he or she is married)
is [
(7) 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 determination of student eligibility,
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.
(8) (No change.)
§21.1083.Eligible Students.
To receive an award through the Educational Aide Exemption
Program, a student must:
(1) - (6) (No change.)
(7) follow application procedures and schedules as
indicated by the Board; [
(8) have a statement on file with the institution of
higher education indicating the student is registered with the Selective
Service System as required by federal law or is exempt from Selective
Service registration under federal law; and
(9) apply for an exemption
by the end of the term for which the exemption is to apply.
§21.1084.The Application and Awarding Process.
(a) (No change.)
(b) The application has three parts that must be completed
prior to the form's submission to the Board for processing.
(1) - (2) (No change.)
(3) Part III is to be completed by the Program Officer
at the institution, who shall then
determine student eligibility
and advise the student of his or her status [
(c) Applications will be processed by the
institutions. [
(d) If the student's financial need is based on the
income methodology and prior year adjusted gross income is not available
at the time of application, eligibility can be temporarily based on
a prior prior-year tax return, but the student must provide the
institution [
(e) As soon as possible after processing applications,
the institution [
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902365
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.1085 - 21.1090
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in
the offices of the Texas Higher Education Coordinating Board or in
the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin, Texas.)
The Texas Higher Education Coordinating
Board proposes the repeal of §§21.1085 - 21.1090, concerning
the Educational Aide Exemption Program.
Specifically, §21.1085 is proposed for repeal in order to
delete references to considerations if funding is limited, as these
provisions are no longer in statute. The repeal of §21.1085 necessitates
the repeal of §§21.1086 - 21.1090.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the repeal is in effect, there
will be no significant fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the repeal is in effect, the public benefit anticipated
as a result of administering the sections will be greater clarity
in program rules, making it easier for the participants to understand
the program's requirements. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6265, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The repeal is proposed under the Texas Education Code, §54.214,
which provides the Coordinating Board with the authority to adopt
any rules necessary to administer Texas Education Code, §54.214.
The repeal affects Texas Education Code, §54.214.
§21.1085.Special Considerations if Funding is Limited.
§21.1086.Award Amounts and Processing Cycle.
§21.1087.Reimbursements.
§21.1088.Exemption from Student Teaching.
§21.1089.Hardship Provisions.
§21.1090.Dissemination of Information and Rules.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902366
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.1085 - 21.1089
The Texas Higher Education Coordinating Board proposes
new §§21.1085 - 21.1089, concerning the Educational Aide
Exemption Program.
Specifically, these new sections are being proposed because of
the repeal of §21.1085. New §21.1085(c)(2) 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. New §21.1085(c)(3) clarifies 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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the new sections are in effect
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the new sections are in effect, the public benefit anticipated
as a result of administering the sections will be that the rules will
reflect current statutes governing the administration of the program.
There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The new sections are proposed 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.
The new sections affect Texas Education Code, §54.214.
§21.1085.Award Amounts and Processing Cycle.
(a) Amounts. Students receiving awards through the
Educational Aide Exemption Program shall be exempted from the payment
of (or reimbursed for) resident tuition and required fees, other than
laboratory and class fees, for courses taken during the relevant term.
(b) Form of Award--Exemption or Reimbursement.
(1) If applications are processed and announced in
time, institutions should exempt recipients from the payment of such
charges and then request reimbursement from the Board.
(2) If applications are processed and/or announced
too late for the student to be exempted from such payments at registration,
the student may be required to pay these charges first, and then be
reimbursed by the institution once reimbursement funds are received
from the Board.
(c) Unique Requirements for Each Term.
(1) Fall awards are made on the basis of the original
fall/spring application.
(2) Spring awards are based on the original fall/spring
application. If the student was not a recipient during the fall term,
the original application functions as a stand-alone spring application.
If the applicant also received a fall award, the spring award shall
not be requested by the institution until the school or school district
confirms to the institution that it will still be employing the applicant
in the spring term.
(3) Summer awards are to be based on a summer application
that will be distributed only upon confirmation that there is funding
available for summer awards. Institutions and school districts will
be advised by the Board of the availability of funds by March 1 of
each year. At that time, the Board will distribute copies of the summer
application and instructions to institutions and school districts.
§21.1086.Reimbursements.
(a) Source of Funding. The funds used to reimburse
institutions or students for awards made through the Educational Aide
Exemption program will come from the state's Foundation School Fund
and any gifts, grants and donations made to the Texas Education Agency
for that purpose.
(b) Requesting Reimbursements. To request reimbursement
for student awards, institutions must complete and submit a Request
for Reimbursement Form designed and distributed by the Board. Such
forms must be submitted to the Board with sufficient documentation
(student billing information) to confirm that the requests are being
made for authorized charges.
(c) Disbursements by the Board. The Board will process
institutional Requests for Reimbursement at least once a month and
will subsequently have appropriate amounts transferred to institutions
by the State Comptroller's office. Such funds are to be used by the
institutions either to reimburse itself (if it exempted the students
from the payment of the relevant charges) or to reimburse students
for the relevant charges they paid to the institution.
(d) Transfers from the Foundation Program. At least
once a year the Board will request a transfer of funds from the foundation
school fund for use in reimbursing institutions or students for their
Educational Aide Exemption program awards.
§21.1087.Exemption from Student Teaching.
(a) An individual who receives a bachelor's degree
required for a teaching certificate on the basis of higher education
coursework completed while receiving an award through this subchapter
shall not be required by his or her institution to participate in
any field experience or internship consisting of student teaching
as a requirement to receive a teaching certificate.
(b) An individual who receives a bachelor's degree
prior to receiving his or her first award under this subchapter is
not eligible for a student teaching exemption under subsection (a)
of this section.
§21.1088.Hardship Provisions.
An individual is considered to meet the employment requirements
listed in §21.1083(3) of this chapter (relating to Eligible Students)
if he or she was employed at the beginning of the relevant term but
was unable to remain employed throughout the term for reasons beyond
his or her control. Such situations include, but are not limited to,
the following:
(1) a severe illness or other debilitating condition
that may affect the individual's ability to continue employment;
(2) responsibility for the care of a temporarily disabled
dependent that may affect the recipient's ability to continue employment; or
(3) performance of active duty military service.
§21.1089.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general
information and program rules for the program described in this subchapter.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902367
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.2100 - 21.2102
The Texas Higher Education Coordinating Board proposes
amendments to §§21.2100 - 21.2102, concerning the Exemption
Program for Veterans and Their Dependents (The Hazlewood Act).
Specifically, the proposed 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.
Paragraphs have been renumbered as appropriate.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, in keeping with the
Legislative Budget Board's fiscal note for Senate Bill 93, Senate
Bill 297, and Senate Bill 847, 81st Texas Legislature has determined
that for each year of the first five years the amendments are in effect
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the amendments are in effect, the public benefit anticipated
as a result of administering the sections will be more consistent
administration of the program among participating institutions. There
is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed 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.
The amendments affect Texas Education Code, §54.203.
§21.2100.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) - (4) (No change.)
(5) [
(6) [
(7) Deployed--A person
is deployed if he or she is assigned to active military duty performed
in a combat zone outside the United States.
(8) Extraordinary costs--(for public junior colleges,
public technical institutes, or public state colleges [
(9) Hazlewood Act Exemption--The tuition and partial
fee exemption authorized under Texas Education Code, §54.203.
(10) Hazelwood Legacy Act--The
tuition and partial fee exemption authorized under Texas Education
Code, §54.203, as amended by Senate Bill 93, 81st Texas Legislature,
June 1, 2009, which removes certain residency restrictions, extends
eligibility to spouses, and permits eligible veterans to assign their
unused hours to their child.
(11) [
(12) [
(13) [
(14) [
(15) [
(16) [
(17) [
(18) [
§21.2101.Hazlewood Act Exemption.
(a) Subject to the following provisions, an institution
shall exempt an eligible veteran, spouse, or child from
the payment of tuition, [
(b) If the eligible veteran, spouse, or
child is entitled to federal veterans' education benefits during the
term or semester for which he or she applies for the Hazlewood Act
Exemption, he or she is entitled to receive both federal and state
veterans benefits during the same time only if the value of the federal
veteran's benefits that may be used only for the payment for
tuition and fees for the term or semester is less than the value
of the student's tuition [
(c) An eligible veteran, spouse, or child
is not entitled to the Hazlewood Act Exemption for more than 150 attempted
credit hours.
(d) An eligible veteran, spouse, or child
is entitled to the Hazlewood Act Exemption for an unlimited number
of contact hours.
(e) - (f) (No change.)
(g) The governing board of a public junior
college, public technical institute, or public state college
as those terms are defined by Texas Education Code, §61.003, [
(h) (No change.)
§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) [
(3) [
(4) [
(5) [
(6) [
(7) [
(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 proposal has been reviewed by legal counsel and found to
be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902368
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.2103 - 21.2108
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in
the offices of the Texas Higher Education Coordinating Board or in
the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin, Texas.)
The Texas Higher Education Coordinating
Board proposes the repeal of §§21.2103 - 21.2108, concerning
the Exemption Program for Veterans and Their Dependents (The Hazlewood Act).
Specifically, §§21.2103 - 21.2108 are proposed for repeal
due to the creation of new §§21.2103 - 21.2111.
Ms. Lois Hollis, Assistant Commissioner for Student Services, in
keeping with the Legislative Budget Board's fiscal note for Senate
Bill 93, Senate Bill 297, and Senate Bill 847, Texas Legislature has
determined that for each year of the first five years the repeal is
in effect, there will be no significant fiscal implications to state
or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the repeal is in effect the public benefit anticipated
as a result of administering the sections will be that the rules will
reflect current statutes governing the administration of the program.
There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The repeal is proposed under the Texas Education Code, §56.203,
which provides the Coordinating Board with the authority to adopt
any rules necessary to administer Texas Education Code, Chapter 54,
Subchapter D.
The repeal affects Texas Education Code, §56.203.
§21.2103.Eligible Children.
§21.2104.The Application.
§21.2105.Supporting Documentation for the Hazlewood Act Exemption Application.
§21.2106.Subsequent Hazlewood Exemption Awards.
§21.2107.Release of Data to the Board and Institutions.
§21.2108.Reporting.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902370
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§21.2103 - 21.2111
The Texas Higher Education Coordinating Board proposes
new §§21.2103 - 21.2111, concerning the Exemption Program
for Veterans and Their Dependents (The Hazlewood Act).
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.
Ms. Lois Hollis, Assistant Commissioner for Student Services, in
keeping with the Legislative Budget Board's fiscal note for Senate
Bill 93, Senate Bill 297, and Senate Bill 847, 81st Texas Legislature
has determined that for each year of the first five years the amendments
are in effect, there will be no significant fiscal implications to
state or local government as a result of enforcing or administering
the rules.
Ms. Hollis has also determined that for each year of the first
five years the amendments are in effect the public benefit anticipated
as a result of administering the sections will be that the rules will
reflect current statutes governing the administration of the program.
There is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The new sections are proposed under the Texas Education
Code, §54.203 which provides the Coordinating Board with the
authority to adopt any rules necessary to administer Texas Education
Code, Chapter 54, Subchapter D.
The new sections affect Texas Education Code, §54.203.
§21.2103.Eligible Spouses.
In order to be eligible to receive a Hazlewood Act Exemption,
veterans' spouses shall demonstrate that they:
(1) are spouses of:
(A) members of the U.S. Armed Forces who entered the
service in the State of Texas, declared Texas as their home of record
in the manner provided by the military or other service; or were residents
of Texas when they entered the service and who:
(i) were killed in action;
(ii) died while in service;
(iii) are missing in action;
(iv) whose deaths are documented to be directly caused
by illness or injury connected with service in the armed forces of
the United States; or
(v) became totally disabled for purposes of employability
according to the disability ratings of the Department of Veterans
Affairs as a result of a service-related injury; or
(B) members of the Texas National Guard or Texas Air National Guard who:
(i) were killed since January 1, 1946 while on active
duty either in the service of Texas or the United States; or
(ii) are totally disabled for purposes of employability
according to the disability ratings of the Department of Veterans
Affairs, regardless of whether the members are eligible to receive
disability benefits from the department, as a result of a service-related
injury suffered since January 1, 1946, while on active duty either
in the service of this state or the United States.
(2) have no federal veteran's education benefits, based
on the death or disability of a veteran spouse, or, if eligible for
federal benefits, that the value of the benefits that may be used
only for the payment of tuition and fees is less than the value of
the spouse's tuition, fees, and other required charges, less deposit
and student service fees for the term in which the exemption is to
be used; and
(3) are classified by their institutions as residents
of Texas for the term or semester for which they apply for the Hazlewood
Act Exemption.
§21.2104.Eligible Children.
In order to be eligible to receive a Hazlewood Act Exemption,
children shall demonstrate that they:
(1) are children of:
(A) members of the U.S. Armed Forces who entered the
service in the State of Texas, declared Texas as their home of record
in the manner provided by the military or other service; or were residents
of Texas when they entered the service and who:
(i) died while in service;
(ii) are missing in action;
(iii) whose deaths are documented to be directly caused
by illness or injury connected with service in the armed forces of
the United States; or
(iv) became totally disabled for purposes of employability
according to the disability ratings of the Department of Veterans
Affairs as a result of a service-related injury; or
(B) members of the Texas National Guard or Texas Air National Guard who:
(i) were killed since January 1, 1946 while on active
duty either in the service of Texas or the United States; or
(ii) are totally disabled for purposes of employability
according to the disability ratings of the Department of Veterans
Affairs, regardless of whether the members are eligible to receive
disability benefits from the department, as a result of a service-related
injury suffered since January 1, 1946, while on active duty either
in the service of this state or the United States.
(2) have no federal veteran's education benefits, based
on the death or disability of a veteran parent, or, if eligible for
federal benefits, that the value of the benefits that may be used
only for the payment of tuition and fees is less than the value of
the children's tuition, fees, and other required charges, less deposit
and student service fees for the term in which the exemption is to
be used; and
(3) are classified by their institutions as residents
of Texas for the term or semester for which they apply for the Hazlewood
Act Exemption.
§21.2105.The Application.
(a) Board staff shall produce and distribute a state-wide
Hazlewood Act Exemption Application, requiring institutions to obtain
the following information from applicants for the exemption:
(1) general information about the veteran, spouse, and/or child;
(2) point of entry, home of record, or residency information
for the time that the veteran entered the service;
(3) residency information for the time that the spouse
or child wishes to use the exemption;
(4) a certification of the validity of the information
provided by the veteran, spouse, or child; and
(5) a statement granting permission to the institution
to release current term or semester and historic credit hour information
to the Board and granting permission for the Board to share such data
with any institution that the veteran, spouse, or child might attend.
(b) For an otherwise eligible veteran, spouse, or child
to be entitled to a Hazlewood Act exemption in a given term or semester,
he or she must provide a completed Hazlewood Act Exemption Application
and provide the supporting documentation to the institution no later
than the census date of that term or semester. If the application
or supporting documents are provided after the census date, the institution
may make the award but is not required to do so.
(c) All institutions shall require the completed Hazlewood
Act Exemption Application Form with supporting documentation for each
exemption that is granted.
§21.2106.Supporting Documentation for the Hazlewood Act Exemption Application.
(a) When applying for the first time for the Hazlewood
Act Exemption, a veteran shall provide to the institution, along with
the Hazlewood Act Exemption Application, the following supporting
documentation:
(1) a copy of the veteran's Certificate of Release
or Discharge from Active Duty (DD214);
(2) proof of the veteran's current status regarding
eligibility for federal veterans' education benefits; and
(3) documentation of point of entry, home of record,
or Texas residency at the time the veteran entered the service.
(b) When applying for the first time for the Hazlewood
Act Exemption, a spouse or child shall provide to the institution,
along with the Hazlewood Act Exemption Application, the following
supporting documentation:
(1) proof that the spouse's or parent veteran's death
or disability was a result of injury or illness directly associated
with service in the U.S. Armed Forces, or that the National Guard
spouse or parent was killed or disabled while he or she was on active
duty either in the service of Texas or the United States;
(2) proof of the spouse's or child's current status
regarding eligibility for federal benefits awarded on the basis of
the spouse's or parent's service-related death or disability;
(3) if a child, proof that the child was a dependent
of the veteran at the time the veteran died, sustained his or her
disabling injury, or was classified as missing in action;
(4) if a spouse, proof that the spouse was the legal
spouse of the veteran at the time the veteran died, sustained his
or her disabling injury, or was classified as missing in action;
(5) documentation that the veteran spouse or parent,
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; and
(6) for the spouse or child of a disabled veteran or
guardsman documentation that the veteran has been rated by the Veterans'
Administration as unemployable due to his or her service-related injuries.
§21.2107.Subsequent Hazlewood Exemption Awards.
(a)
For each term or semester of an academic year in
which the veteran, spouse, or child receives a Hazlewood Act Exemption,
the institution shall confirm that the veteran, spouse, or child:
(1) has not exhausted his or her 150 credit hours of
eligibility through the program since Fall 1995;
(2) is still classified as a resident student (applies
only to a spouse or child);
(3) has no federal veteran's benefits, or if he or
she has federal veterans education benefits that may be used only
to pay tuition and fees, that the value of the benefits is less than
the student's tuition and required fees less deposit and student service
fees for the term; and
(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.
(b) For each term or semester of an academic year in
which the veteran, spouse, or child receives a Hazlewood Act Exemption,
he or she shall submit the appropriate program application.
§21.2108.Assigning Unused Hours to a Child.
(a) An eligible veteran may elect to waive his or her
right to any unused hours for which he or she is eligible (up to the
maximum 150 semester credit hours). By completing the relevant forms
provided through the Board website and submitting them to the institution,
the veteran may:
(1) assign the unused hours to one of his or her children; and
(2) if the child to which the hours have been assigned
fails to use all available credit hours, assign the remaining hours
to another of his or her children.
(b) For purposes of this section, a child designee must be:
(1) the stepchild, biological, or adopted child of
the parent veteran; or
(2) claimed as a dependent on a federal income tax
return filed for the preceding year or for the current year.
(c) For an otherwise eligible child to be entitled
to a Hazlewood Act exemption in a given term or semester, he or she must:
(1) be a resident of Texas;
(2) make satisfactory academic progress in a degree,
certificate, or continuing education program as determined by the
institution; except, the child is not required to enroll in a minimum
course load;
(3) be 25 years of age or younger on the first day
of the semester or other academic term for which the exemption is
claimed, unless the child is granted an extension in keeping with
subsection (d) of this section;
(4) provide his or her institution a completed Hazlewood
Act Exemption Application and the supporting documentation to the
institution no later than the census date of that term or semester.
If the application or supporting documents are provided after the
census date, the institution may make the award but is not required to do so.
(d) An otherwise eligible child assigned hours through
this section may use the exemption in a given term at age 25 years
or older if the child provides his or her institution documentation
from a physician, indicating he or she suffered from a severe illness
or other debilitating condition which prevented the child from using
the exemption in the required timeframe. In this case, the student's
eligibility shall be extended for a period of time equal to the time
during which he or she experienced the illness or debilitating condition.
§21.2109.Release of Data to the Board and Institutions.
Prior to the census date of the first term or semester of an
academic year in which the veteran, spouse, or child receives a Hazlewood
Act Exemption, he or she shall execute a statement, consenting to
the release of the number of hours taken in the current academic year
and in all previous academic years to the Board and to any institution
that the veteran may attend.
§21.2110.Reporting.
(a) All institutions shall report by means of the Texas
Higher Education Coordinating Board's CBM 001 report, for each eligible
veteran, spouse, and child who is exempted from the payment of tuition
and mandatory and discretionary fees, other than deposit and student
service fees, the following information to the Board:
(1) the person's name;
(2) the person's identification number;
(3) the person's date of birth; and
(4) the number of credit hours for which the person
received an exemption in the given semester.
(b) All institutions shall submit the report required
under this provision to the Board no later than December 31, for the
fall term, no later than May 31, for the spring term, and no later
than September 30, for the summer term or semester.
(c) If the individual concurrently received federal
and state benefits in a given semester, institutions must adjust the
data for the Board's report of all students enrolled in credit courses
as of the official census date (CBM001 report) to reflect only hours
paid through the Hazlewood Act Exemption.
§21.2111.Tuition Exemption for Children of Military Service Members Who Are Deployed.
Institutions shall exempt an eligible child from the payment
of resident tuition for every semester or academic term during which
a child demonstrates that he or she:
(1) is a dependent child, including a stepchild, of
a member of the Armed Forces of the United States who is a Texas resident
or entitled to pay resident tuition; and
(2) the member is deployed on active duty for the purpose
of engaging in a combative military operation outside of the United States.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902369
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
19 TAC §§22.21, 22.22, 22.24
The Texas Higher Education Coordinating Board proposes
amendments to §§22.21, 22.22 and 22.24, concerning Provisions
for the Tuition Equalization Grant Program.
Specifically, the amendments to §22.21 eliminate redundant
language and clarify that Tuition Equalization 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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the sections are in effect,
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the sections are in effect, the public benefit anticipated
as a result of administering the sections will be more clarity for
and consistency among institutions administering the program. There
is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, §61.229, which provides the Coordinating Board with the
authority to adopt rules to implement the program.
The amendments affect Texas Education Code, §§61.221
- 61.230.
§22.21.Authority and Purpose.
(a) (No change.)
(b) Purpose. The purpose of the Tuition Equalization
Grant Program is to promote the best use of existing educational resources
and facilities within this state, both public and private, by providing
need-based [
§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) - (8) (No change.)
(9) 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.
(10) 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.
(11) [
(12) [
(13) [
(14) [
(15) [
(16) [
(17) [
(18) [
(19) [
(20) [
(21) [
(22) [
(23) [
(24) [
(25) [
(26) [
§22.24.Eligible Students.
To receive an award through the TEG Program, a student must:
(1) be enrolled for a minimum number of semester credit
hours, which requires:
(A) if the student received a TEG in a state fiscal
year prior to 2005-2006 or was awarded a TEG for the 2005-2006 state
fiscal year prior to September 1, 2005, enrollment on at least a half-time
basis; [
(B) if the student was awarded a TEG
award for the 2009-2010 academic year or later, three-fourths-time
enrollment;
(2) show financial need;
(3) maintain satisfactory academic progress in his
or her program of study as required by §22.25 of this title
(relating to Satisfactory Academic Progress); [
[(i) completion of at least 24 semester credit hours
in the student's most recent academic year in an undergraduate degree
or certificate program; or completion of at least 18 semester credit
hours in the student's most recent academic year in a graduate or
professional degree program (unless fewer hours are required for the
completion of the degree), and]
[(ii) establishment and maintenance of an overall grade
point average of at least 2.5 on a four-point scale or the equivalent
on coursework previously attempted at public or private institutions.
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, the receiving institution cannot make a continuation
award to the transfer student until he/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.]
(4) - (8) (No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902371
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§22.25 - 22.33
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in
the offices of the Texas Higher Education Coordinating Board or in
the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin, Texas.)
The Texas Higher Education Coordinating
Board proposes the repeal of §§22.25 - 22.33, concerning
Provisions for the Tuition Equalization Grant Program.
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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the repeal is in effect, there
will be no fiscal implications to state or local government as a result
of enforcing or administering the repeal.
Ms. Hollis has also determined that for each year of the first
five years the repeal is in effect, the public benefit anticipated
as a result of administering the repeal will be more clarity for and
consistency among institutions administering the program. There is
no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the repeal as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The repeal is proposed under the Texas Education Code, §61.229,
which provides the Coordinating Board with the authority to adopt
rules to implement the program.
The repeal affects Texas Education Code, §§61.221 - 61.230.
§22.25.End of Eligibility.
§22.26.Hardship Provisions for Students Awarded an Initial TEG on or after September 1, 2005.
§22.27.Award Amounts and Uses.
§22.28.Adjustments to Awards Made through Campus-Based Processing.
§22.29.Late Disbursements.
§22.30.Allocation and Reallocation of Funds.
§22.31.Authority to Transfer Funds.
§22.32.Dissemination of Information and Rules.
§22.33.Reporting.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902372
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§22.25 - 22.35
The Texas Higher Education Coordinating Board proposes
new §§22.25 - 22.35, concerning Provisions for the Tuition
Equalization Grant Program.
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 (current §22.28) is changed to correct
the title due to the fact that there is no longer a campus-based process.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the sections are in effect,
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the sections are in effect, the public benefit anticipated
as a result of administering the sections will be more clarity for
and consistency among institutions administering the program. There
is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The new sections are proposed under the Texas Education
Code, §61.229, which provides the Coordinating Board with the
authority to adopt rules to implement the program.
The amendments affect Texas Education Code, §§61.221 - 61.230.
§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 first 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 24 semester credit hours in his
or her 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 Calculation.
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.
§22.27.End of Eligibility.
(a) A student awarded TEG prior to the 2005-2006 state
fiscal year or before September 1, 2005, for the 2005-2006 state fiscal
year may continue to receive grants as long as he or she meets the
relevant eligibility requirements of §22.24 of this title (relating
to Eligible Students).
(b) An undergraduate student who is awarded an initial
TEG on or after September 1, 2005, shall not be eligible for a TEG
on either:
(1) the fifth anniversary of the initial award of a
TEG to the student, if the student is enrolled in a degree or certificate
program of four years or less; or
(2) the sixth anniversary of the initial award of a
TEG to the student, if the student is enrolled in a degree or certificate
program of more than four years.
(c) A graduate student who is awarded an initial TEG
on or after September 1, 2005, may continue to receive grants as long
as he or she meets the relevant eligibility requirements of §22.24
of this title.
§22.28.Hardship Provisions for Students Awarded an Initial TEG on or after September 1, 2005.
(a) In the event of a hardship or for other good cause,
the Program Officer at an eligible institution may allow an otherwise
eligible student to receive a TEG while enrolled less than full time
or if the student's grade point average or number of hours completed
falls below the satisfactory academic progress requirements as referred
to in §22.24 of this title (relating to Eligible Students). Such
conditions may include, but are not limited to:
(1) a showing of a severe illness or other debilitating
condition that may affect the student's academic performance;
(2) an indication that the student is responsible for
the care of a sick, injured, or needy person and that the student's
provision of care may affect his or her academic performance; or
(3) an undergraduate student's need to complete fewer
than 12 hours in a given term in order to complete a degree, in which
case the award amount should be determined on a pro rata basis for
a full-time award.
(b) Each institution shall adopt a hardship policy
under this section and have the policy available in writing in the
financial aid office for public review upon request.
§22.29.Award Amounts and Uses.
(a) Funding. Funds awarded through this program may
not exceed the amount appropriated by the Legislature for that purpose.
(b) Award Amount.
(1) Each state fiscal year, no TEG award shall exceed the least of:
(A) the student's financial need;
(B) the student's tuition differential; or
(C) the program maximum.
(2) A grant to a part-time student whose initial TEG
was awarded prior to September 1, 2005 or to any student enrolled
for a limited number of hours due to imminent graduation shall be
made on a pro rata basis of a full-time award.
(c) Exceptional Need Award. An undergraduate student
who has exceptional financial need may receive a grant in an amount
not to exceed 150 percent of the program maximum.
(d) Uses. No grant disbursed to a student may be used
for any purpose other than for meeting the cost of attending an approved
institution.
(e) Term or Semester Disbursement Limit. The amount
of any disbursement in a single term or semester may not exceed the
student's financial need, tuition differential or the program maximum
for the state fiscal year, whichever is the least.
(f) Over Awards. If, at a time after an award has been
offered by the institution and accepted by the student, the student
receives assistance that was not taken into account in the student's
estimate of financial need, so that the resulting sum of assistance
exceeds the student's financial need, the institution is not required
to adjust the award under this program unless the sum of the excess
resources is greater than $300.
§22.30.Adjustments to Awards.
If a student officially withdraws from enrollment, or for some
other reason, the amount of a student's disbursement exceeds the amount
the student is eligible to receive, the institution shall follow its
general institutional refund policy in determining the amount by which
the award is to be reduced.
(1) Such funds should be re-awarded to other eligible
students attending the institution. If funds cannot be re-awarded
in a timely manner, they should be returned to the Board. Such payment
shall be accompanied with sufficient documentation to enable the Board
to identify the appropriate program for which the funds were originally
issued.
(2) Funds returned to the Board shall be returned promptly,
and must be returned no later than 60 days from the issue date.
(3) If the student withdraws or drops classes after
the end of the institution's refund period, no refunds are due to
the program.
§22.31.Late Disbursements.
(a) A student may receive a disbursement after the
end of his/her period of enrollment if the student:
(1) Owes funds to the institution for the period of
enrollment for which the award is being made; or
(2) Received a student loan that is still outstanding
for the period of enrollment.
(b) Funds that are disbursed after the end of the student's
period of enrollment must be used following Board procedures to either
pay the student's outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding student
loan received during that period of enrollment. Under no circumstances
are funds to be released to the student.
§22.32.Allocation and Reallocation of Funds.
(a) Allocations. Available program funds will be allocated
to each participating institution in proportion to each institution's
TEG need.
(b) Reallocations. Institutions will have until a date
specified by the Board via a policy memo addressed to the Program
Officer at the institution to encumber the program funds that have
been allocated to them. On that date, institutions lose claim to any
funds not yet drawn down from the Board for immediate disbursement
to students. The funds released in this manner are available to the
Board for reallocation to other institutions. If necessary for ensuring
the full use of funds, subsequent reallocations may be scheduled until
all funds are awarded and disbursed.
§22.33.Authority to Transfer Funds.
Institutions participating in a combination of the Toward EXcellence,
Access and Success Grant, Tuition Equalization Grant, and Texas College
Work-Study Programs, in accordance with instructions from the Board,
may transfer in a given fiscal year up to the lesser of 10 percent
or $10,000 between these programs.
§22.34.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general
information and program rules for the program described in this subchapter.
§22.35.Reporting.
Each year, the Board shall include as a part of the annual
financial aid report mandated in Senate Bill 1, Regular Session, General
Appropriations Act (§13, page III-50), 79th Texas Legislature,
a breakdown of Tuition Equalization Grant recipients by ethnicity,
indicating the percentage of each ethnic group that received Tuition
Equalization Grant funds for the academic year at each institution.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902373
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§22.312, 22.313, 22.315
The Texas Higher Education Coordinating Board proposes
amendments to §§22.312, 22.313, and 22.315, concerning the
Engineering Scholarship Program.
Specifically, the proposed 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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the amendments are in effect
there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules.
Ms. Hollis has also determined for each year of the first five
years the amendments are in effect, the public benefit anticipated
as a result of this change will be that the rules will reflect current
statutes governing the administration of the program. There is no
effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed 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.
The amendments affect Texas Education Code, §61.792.
§22.312.Authority, Scope, and Purpose.
(a) (No change.)
(b) Scope. Unless otherwise noted, this subchapter
applies to any general academic teaching institution
or private or independent institution of higher education in Texas (Texas
Education Code, §61.003) that offers an engineering degree program
and their students.
(c) Purpose. The purpose of this program is to provide
scholarships to students pursuing a degree in engineering at a participating
general academic teaching institution or private or independent
institution of higher education.
§22.313.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) - (2) (No change.)
(3) Eligible institution--any general academic teaching
institution or private or independent institution of higher education
that offers one or several undergraduate degree programs in
engineering.
(4) - (6) (No change.)
§22.315.Student Eligibility Requirements.
(a) To qualify for an engineering scholarship, a person must:
(1) - (2) (No change.)
(3) enroll in an undergraduate engineering program
offered by a general academic teaching institution or private
or independent institution of higher education in Texas;
(4) - (5) (No change.)
(b) (No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902374
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §22.405
The Texas Higher Education Coordinating Board proposes
amendments to §22.405, concerning the Provisions Regarding Scholarships
to Relatives of Board Members of Institutions of Higher Education
and University Systems.
Specifically, the amendments to §22.405 are proposed as 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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, in keeping with the
Legislative Budget Board's fiscal note for House Bill 4244, has determined
that for each year of the first five years the amendments are in effect,
there will be no significant fiscal implications to state or local
government as a result of enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first
five years the amendments are in effect the public benefit anticipated
as a result of administering the section will be an easier process
for students applying for institutional scholarships. There is no
effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, §51.969 which provides the Coordinating Board with the
authority to adopt any rules necessary to administer this section.
The amendments affect Texas Education Code, §51.969.
§22.405.Declaration of Eligibility.
Prior to receiving [
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902375
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 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 proposes
amendments to §§22.501 - 22.505, 22.507, and 22.508, concerning
the Professional Nursing Shortage Reduction Program.
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. Qualifying institutions may receive
advance funding in order to increase their enrollments and graduates.
Ms. Susan Brown, Assistant Commissioner, Planning and Accountability,
has determined that for each year of the first five years the sections
are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Ms. Brown has also determined that for each year of the first five
years the sections are in effect, the public benefit anticipated as
a result of administering the sections will be additional funding
provided to the initial licensure nursing programs in Texas. There
is no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Ed Buchanan, Program
Director, Planning and Accountability, P.O. Box 12788, Austin, Texas
78711, ed.buchanan@thecb.state.tx.us. Comments will be accepted for
30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education
Code, §§61.0901, 61.9621, 61.96232, 61.96233, and 61.9629.
The amendments affect Texas Education Code, §§61.9621,
61.96232, 61.96233, and 61.9629.
§22.501.Authority, Scope, and Purpose.
(a) (No change.)
(b) Scope.
(1) Unless otherwise noted, this subchapter
applies to any public or private institution of higher education
[
(2) Continued Eligibility of Prior
Programs. A professional nursing program offered by an entity other
than a public or private or independent institution of higher education
that was eligible to receive grants from a program under this subchapter
before September 1, 2009, remains eligible to receive a grant from
such a program if the entity meets all criteria for a grant other
than the criterion of being a program offered by an institution of
higher education.
(c) (No change.)
§22.502.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) - (5) (No change.)
(6) CBM Reporting System [
§22.503.Program Announcements [
Annually the Board shall provide [
(1) Description of the current year's award
programs [
(2) A listing of required forms for application to
the programs [
(3) Application requirements for qualification to receive
an award under the programs [
(4) - (6) (No change).
§22.504.Application for an Award.
(a) (No change.)
(b) Applications received after the fifth working day
past the required due date as stated in the Program
Announcements [
(c) (No change.)
§22.505.Required Reporting of Data [
(a) Institutions that report to the Coordinating Board
Management (CBM) system--An institution that wishes to qualify for
an award under this program shall submit the data required for
this program as outlined in the Program Announcements [
(b) Institutions that do not report to the Coordinating
Board Management (CBM) system (i.e. Diploma Programs)--An institution
shall submit its required data [
(c) Institutions that fail to report their required
data [
§22.507.Required Reporting of Award Expenditures.
(a) - (b) (No change.)
(c) Any award advance funds that remain
unearned by the date specified in the program announcement(s) shall
be refunded to the Coordinating Board within five calendar days.
(d) [
§22.508.Expenditure Restrictions, Accounting Requirements, and Audit Provisions.
(a) (No change.)
(b) Accounting Requirements--Each award [
(c) (No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902377
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
19 TAC §§22.518 - 22.523
The Texas Higher Education Coordinating Board proposes
new §§22.518 - 22.523, concerning the Exemption Program
for Firefighters Enrolled in Fire Science Courses.
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.
Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for
Business and Finance/Chief Operating Officer, has determined that
for each year of the first five years the amendments are in effect,
there will be no significant fiscal implications to state or local
government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first
five years the amendments are in effect the public benefit anticipated
as a result of administering the sections will be a consistent opportunity
for eligible firefighters to use the exemption. There is no effect
on small businesses. There are no anticipated economic costs to persons
who are required to comply with the sections as proposed. There is
no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the
proposal in the Texas Register.
The new sections are proposed 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.
The new sections affect Texas Education Code, §54.208.
§22.518.Authority and Purpose.
(a) Authority. Authority for this subchapter is provided
in the Texas Education Code, §54.208, Firefighters Enrolled in
Fire Science Courses. These rules establish procedures to administer
this exemption program.
(b) Purpose. The purpose of this program is to provide
an exemption from tuition and laboratory fees to eligible persons
employed as firefighters by a political subdivision of the state or
who are active members of an organized volunteer fire department in
this state.
§22.519.Definitions.
The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) Board--The Texas Higher Education Coordinating Board.
(2) Firefighter--An individual employed as a firefighter
by a political subdivision of the state of Texas or who is an active
member of an organized volunteer fire department in Texas.
(3) Commissioner--The Commissioner of Higher Education,
the Chief Executive Officer of the Board.
(4) Fire Science Courses--Courses determined by the
staff of the Board to be a part of a Fire Science Curriculum.
(5) Institution of Higher Education or Institution--Any
public technical institute, public junior college, public senior college
or university, medical or dental unit, public state college, or other
agency of higher education as defined in Texas Education Code, §61.003(8).
(6) Laboratory fees--Fees authorized through Texas
Education Code, §54.501.
(7) Program--The Exemption Program for Firefighters
Enrolled in Fire Science Courses.
(8) Tuition--Includes statutory tuition, designated
tuition and Board-authorized tuition.
§22.520.Tuition and Laboratory Fee Exemption.
Each institution of higher education shall exempt all eligible
persons from the payment of tuition and laboratory fees for courses
offered as part of a fire science curriculum.
§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 commission; 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.
§22.522.Excess Hours.
(a) An exemption under this subchapter does not apply
to any amount of additional tuition the institution elects to charge
a resident undergraduate student due to excess undergraduate hours
as specified in Texas Education Code, §54.014(a) or (f).
(b) An exemption under this subchapter does not apply
to any amount of additional tuition the institution charges a graduate
student because the student has a number of semester credit hours
of doctoral work in excess of the applicable number provided by Texas
Education Code, §61.059(1) or (2).
(c) The provisions of subsections (a) and (b) of this
section do 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.
§22.523.Degree Programs Eligible for the Exemption.
Degree programs whose courses are eligible for the exemption
described in this subchapter shall be identified by the Coordinating
Board. A uniform listing of approved degree programs shall be posted
on the Coordinating Board web site.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 12, 2009.
TRD-200902376
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 30, 2009
For further information, please call: (512) 427-6114
CHAPTER 97. PLANNING AND ACCOUNTABILITY
SUBCHAPTER AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
19 TAC §97.1004
(Editor's note: In accordance with Texas Government Code, §2002.014,
which permits the omission of material which is "cumbersome, expensive,
or otherwise inexpedient," the figure in 19 TAC §97.1004 is not
included in the print version of the Texas Register. The figure is
available in the on-line version of the June 26, 2009, issue of the
Texas Register.)
The Texas Education Agency (TEA) proposes
an amendment to §97.1004, concerning adequate yearly progress
(AYP). The section establishes provisions related to AYP and sets
forth the process for evaluating campus and district AYP status. The
section also adopts the most recently published AYP guide. The proposed
amendment would adopt applicable excerpts, Sections II-V, of the
2009 Adequate Yearly Progress Guide.
Earlier versions of the guide will remain in
effect with respect to the school years for which they were developed.
Under the accountability provisions in the federal No Child Left
Behind Act, all public school campuses, school districts, and the
state are evaluated for AYP. Districts, campuses, and the state are
required to meet AYP criteria on three measures: reading/English language
arts, mathematics, and either graduation rate (for high schools and
districts) or attendance rate (for elementary and middle/junior high
schools). If a campus, district, or state receiving Title I, Part
A, funds fails to meet AYP for two consecutive years, that campus,
district, or state is subject to certain requirements such as offering
supplemental educational services, offering school choice, or taking
corrective actions. To implement these requirements, the agency developed
the AYP guide.
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 AYP. Through 19 TAC §97.1004, adopted effective July 14, 2005,
the commissioner exercised rulemaking authority to establish provisions
related to AYP and set forth the process for evaluating campus and
district AYP status. Portions of each AYP guide have been adopted
beginning with the 2004 AYP Guide, and the intent is to annually update
19 TAC §97.1004 to refer to the most recently published AYP guide.
The proposed amendment to 19 TAC §97.1004 would update the
rule to adopt applicable excerpts, Sections II-V, of the
2009 Adequate Yearly Progress Guide. These excerpted sections describe specific
features of the system, AYP measures and standards, and appeals. In
2009, the U.S. Department of Education approved changes to specific
components of the AYP system, including the areas addressed in the
applicable excerpts of the 2009 AYP Guide. Examples of approved changes
include the addition of the Texas Projection Measure in AYP performance
calculations, discontinued use of confidence intervals and uniform
averaging in small numbers analysis, and specific procedures to address
evaluation and reporting of information regarding students displaced
by Hurricane Ike as approved in the 2009 Texas AYP Workbook.
In addition, subsection (d) would be modified to specify that the
AYP guide adopted for the school years prior to 2009-2010 will remain
in effect with respect to those school years.
The proposed amendment would establish in rule the specific AYP
procedures for 2009. Applicable procedures would be adopted each year
as annual versions of the AYP guide are published. The proposed amendment
would have no locally maintained paperwork requirements.
Criss Cloudt, associate commissioner for assessment, accountability,
and data quality, has determined that for the first five-year period
the amendment is in effect there will be no additional costs for state
or local government as a result of enforcing or administering the
amendment.
Dr. Cloudt has determined that for each year of the first five
years the amendment is in effect the public benefit anticipated as
a result of enforcing the amendment will be to continue to inform
the public of the AYP rating procedures for public schools by including
this rule in the Texas Administrative Code. There
is no anticipated economic cost to persons who are required to comply
with the proposed amendment.
There is 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 begins June 26, 2009,
and ends July 27, 2009. Comments on the proposal may be submitted
to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas
Education Agency, 1701 North Congress Avenue, Austin, Texas 78701,
(512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us
or faxed to (512)
463-0028. A request for a public hearing on the proposal submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of the proposal
has been published in the Texas Register on June 26, 2009.
The amendment is proposed under the TEC, §7.055(b)(32),
which authorizes the commissioner to perform duties in connection
with the public school accountability system as prescribed by TEC,
Chapter 39; TEC, §39.073, which authorizes the commissioner to
determine how all indicators adopted under TEC, §39.051(b), may
be used to determine accountability ratings; and TEC, §39.075(a)(4),
which authorizes the commissioner to conduct special accreditation
investigations in response to state and federal program requirements.
The amendment implements the TEC, §§7.055(b)(32), 39.073,
and 39.075(a)(4).
§97.1004.Adequate Yearly Progress.
(a) In accordance with the federal No Child Left Behind
Act and Texas Education Code, §§7.055(b)(32), 39.073, and
39.075, all public school campuses, school districts, and the state
are evaluated for Adequate Yearly Progress (AYP). Districts, campuses,
and the state are required to meet AYP criteria on three measures:
reading/English language arts, mathematics, and either graduation
rate (for high schools and districts) or attendance rate (for elementary
and middle/junior high schools). The performance of a school district,
campus, or the state is reported through indicators of AYP status
established by the commissioner of education.
(b) The determination of AYP for school districts and
charter schools in 2009 [
Figure: 19 TAC §97.1004(b) (.pdf)
[
(c) The specific criteria and calculations used in
AYP are established annually by the commissioner of education and
communicated to all school districts and charter schools.
(d) The specific criteria and calculations used in
the AYP guide adopted for the school years prior to
2009-2010 [
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 15, 2009.
TRD-200902436
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 475-1497
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS(a)] Universities, health-related
institutions, public technical colleges, and Lamar state colleges
shall submit for Regional Council review all off-campus lower-division
courses proposed for delivery to sites in the Council's Service Region.
(b)] Public community colleges
shall submit for the appropriate Regional Council's review all off-campus
lower-division courses proposed for delivery to sites outside their
service areas.
(c)] With the exception
of subsection (a) of this section, any [In the event of
a] dispute arising from off campus [
electronic] delivery of lower-division courses
to groups, any institution
party to the disagreement may appeal first to the Regional Council,
and then to the Commissioner and the Board.
(d)] With the exception
of subsection (a) of this section, Regional Councils in each
of the ten Uniform State Service Regions shall make recommendations
to the Commissioner and shall resolve disputes regarding plans for
lower-division courses and programs proposed by public institutions.
(e)] Each Regional Council
shall make recommendations to the Commissioner regarding off-campus
courses and programs proposed for delivery within its Uniform State
Service Region in accordance with the consensus views of Council members,
except for courses and programs proposed to be offered by public community
colleges in their designated service areas
and courses and programs
governed by the provisions of subsection (a) of this section.
(f)] Regional Councils shall
advise the Commissioner on appropriate policies and procedures for
effective state-level administration of off-campus lower-division
instruction.
SUBCHAPTER M. NOTICE REGARDING THE AVAILABILITY OF HIGHER EDUCATION TEXTBOOKS THROUGH MULTIPLE RETAILERS
CHAPTER 5. RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXASfreshmen
] students for each semester in accordance
with Texas Education Code, §§51.801 - 51.809.
Only The University of Texas at Austin shall admit students under Texas
Education Code, §51.803(a-1) - (a-5) and subsection (d) of this
section.
(d)] High school rank for
students seeking automatic admission to a general academic teaching
institution on the basis of their class rank is determined and reported
as follows:
(e)] A general academic
teaching institution may limit the number of students admitted under
this section if the number of applicants eligible and applying for
admission to the institution under this section exceeds by more than
10 percent the average number of first-time freshmen admitted the
previous two academic years. If an institution chooses to limit the
number of students admitted under this section, it must ensure that:
(f)] Each general academic
teaching institution shall annually report to the Board the composition
of the entering class of first-time freshmen students admitted under
this section. The report shall include a demographic breakdown of
the class including race, ethnicity, and economic status. Each general
academic teaching institution shall provide this report to the Board
annually on or before a date set by the Board.
(g)] In exercising its discretion
in accordance with Texas Education Code, §51.804, whether to
adopt an admissions policy for each academic year for first time freshman
students, the governing board of each general academic teaching institution
may elect to admit students who do not meet the requirements of Texas
Education Code, §51.803, but who qualify for admission under
one or more of the factors listed in Texas Education Code, §51.805(b).
However, the total number of such students who are admitted in an
academic year may not exceed 20% of the total number of first-time
freshman students admitted by the institution for that academic year.
This subsection expires August 31, 2009.
CHAPTER 9. PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES(a)] Need For Partnership
Agreement. For any instructional partnership between a secondary school
and a public two-year college, an agreement must be approved by the
governing boards or designated authorities of both the public school
district or private secondary school and the public two-year college.
(b)] Elements of Partnership
Agreements. Any partnership agreement as described in §9.143
of this title (relating to Types of Partnerships) must address the
following elements:
CHAPTER 13. FINANCIAL PLANNINGand]
.]
SUBCHAPTER L. ENGINEERING SUMMER PROGRAMrecruitment] summer
program [camps
] as prescribed in the Texas Education Code,
§61.791 and §61.793 [
Sections 61.791 - 61.793].
any] general academic teaching
institutions
or private or independent institutions of higher education [
institution] (Texas Education Code, §61.003) that
offer [offers
] an engineering degree program [and their students].
these
programs] is to provide grants to each [
any] general academic teaching institution
and to each private or
independent institution of higher education that offers an engineering
degree program to implement a one-week summer
program [camps
] for middle and high school students [at
any general academic teaching institution]. Participating
students receive instruction in math, science, and engineering concepts,
similar to that offered in an engineering degree program.
(public)] that offers one or
more [several undergraduate] degree programs in engineering.
[(4) Engineering degree
program--Any undergraduate degree program in engineering at an eligible
institution.]
(5)] Summer program [
camp]--A math, science, and engineering laboratory-oriented
engineering immersion program [day camp
], organized and offered by an eligible institution [
with one or more one-week sessions, to take place
] on its [the] campus [
of the eligible institution].
[(6) Proposal--A summer
camp proposal written by an eligible institution.]
Camps]Summer camps]
shall be designed for middle and/or high school students
to [that will] introduce
participants [participating students
] to math, science, and engineering concepts similar
to that offered [they may encounter] in
an engineering degree program.
proposals
] for the [design and implementation of] summer
program [camps].
proposals
] on the agency website at least 30 working days prior
to the due date for submission [
proposals] and
shall notify all eligible institutions.
proposals] shall:
(1)] contain information
necessary to prepare an application including notification of
available [proposals including
] financial resources to be distributed; [
available for distribution as well
as the criteria that will be used for award of grants,]
[(2) contain data describing
the demographics of the state,]
the proposal
to address plans by the eligible] institution to include
students who are from underrepresented demographic groups in engineering
programs; [ensure that its summer camp reflects the demographics
of the state,]
include
the requirements for admission to a summer camp, including the requirement
of] an appropriate math and science background according to
the skill level of the summer program offered; [participating
student's grade level and the availability of camp scholarships if
needed,] and
any] other grant conditions.
proposal to the Board
] and the Commissioner shall contract [
award] grants for the summer
programs [camps] based on submitted
applications [proposals]
and availability of funding.
eligible] institutions receiving
a grant [grants] for
a summer program [camps
] shall submit a final report to the Board within 30
days of the end of the award period. The Commissioner shall specify
the format for the report. [90 days of the end of the summer
camp. The Commissioner shall specify the format for the report.]
(g)] After making a finding
that an eligible institution has failed to perform or failed to conform
to grant conditions, the Commissioner may retract or reduce the grant
for the summer program [camp].
(h)] The governing board
of each eligible institution shall cooperate with the board in administering
this program.
CHAPTER 14. RESEARCH FUNDING PROGRAMS or
co-principal], or collaborating investigator on a pre-proposal
or full proposal submitted for any of the research funding
programs.
SUBCHAPTER B. NORMAN HACKERMAN ADVANCED RESEARCH PROGRAMapply for] the research program.
CHAPTER 21. STUDENT SERVICESis
entitled] to pay resident tuition.
SUBCHAPTER II. EDUCATIONAL AIDE EXEMPTION PROGRAMare] considered.
and]
forward the
application to the Board for processing].
Board as they are submitted by the institutions. Priority
deadlines for submitting applications for the fall-spring terms and
for the summer term will be announced in the instructions distributed
with the applications. Applications received after those deadlines
will be given consideration only if funds remain available after all
applications received by the deadline have been processed.]
Board
] a copy of the prior-year tax return by the
deadline set by the institution [Board] and
reported to the student in his or her award announcement [
letter]. If the updated return indicates an income that exceeds
the cut-off amount for eligibility, the student will be required to
refund to the program any awards received based on prior prior-year data.
Board] will notify the relevant
[institutions,] students and school districts of their
awards. [Institutions will be able to verify approval or a student's
award through the Board's web site.]
SUBCHAPTER NN. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)[(5) Citizen of Texas--A
person who is a resident of Texas.]
(6)] Contact hours--A unit
of measure that represents an hour of scheduled instruction given
to students of which 50 minutes must be of direct instruction. Also
referred to as clock hours.
(7)] Dependent--An individual
who was claimed as a dependent for federal income tax purposes by
the individual's parent or court-appointed legal guardian in a particular
year and in the previous tax year. A veteran was a dependent if he
or she was claimed as such by a parent or legal guardian during the
veteran's year of entry into the service and in the previous tax year.
community/junior colleges
] only) tuition and fee costs that exceed the average
tuition and fee charges at the institution.
(10)] Honorably discharged--Released
from active duty military service with an Honorable Discharge, General
Discharge under Honorable Conditions, or Honorable Separation or Release
from Active Duty, as documented by the Certificate of Release or Discharge
from Active Duty (DD214) issued by the Department of Defense.
(11)] Identification number--An
individual's social security number or school-assigned identification
number.
(12)] Institution--A Texas
public institution of higher education as defined in Texas Education
Code, §61.003(8).
(13)] Deposit fees--Fees
that an institution may collect under Texas Education Code, §54.502.
(14)] 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 Resident
Status and Waiver Programs for Certain Nonresident Persons).
(15)] Student service fees--Fees
that an institution may, under Texas Education Code, §§54.503,
54.5061 and 54.513, elect to charge to students to cover the cost
of student services.
(16)] Training--Time spent
as a member of the armed forces that is not included in the "Net Active
Service" or the sum of "Net Active Service" indicated on the Certificate
of Release or Discharge from Active Duty (DD214).
(17)] Tuition--All types
of tuition that an institution may, under Texas Education Code, Chapter
54, collect from students attending the institution, including statutory
tuition, discretionary tuition, designated tuition, and board-authorized
tuition.
and] fees, dues,
and other required charges, other than deposit and student service
fees. The exemption shall not apply to the payment of fees for services
or items that are not required for enrollment in general or for items
that are not required for the specific courses taken by the student.
and] fees, dues, and other
required charges, less deposit and student service fees. The
total amount a person may receive simultaneously through federal education
benefits that may be used only for tuition and fees and the Hazlewood
exemption is an amount equal to the total tuition and fees.
district] may establish a fee for extraordinary costs associated
with a specific course or program.
[(2) has been classified
as a resident by the institution for the term or semester for which
the veteran applies for the Hazlewood Act Exemption;]
(3)] was honorably discharged from service;
(4)] 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, Chapters 30, 32, and 35,
and Title 10, United States Code, Chapters 1606 and 1607 is less than
the value of the student's tuition, [and] fees,
and other required charges, less deposit and student service
fees for the relevant term;
(5)] 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;
(6)] has attempted fewer
than 150 credit hours using the Hazlewood Act Exemption beginning
with fall of 1995;
(7)] has followed the application
procedures and schedules required by these provisions; and
(8)] belongs to one of the
following groups of individuals:
CHAPTER 22. GRANT AND SCHOLARSHIP PROGRAMStuition equalization] grants to Texas residents
and eligible nonresidents enrolled in any approved private or
independent Texas college or university.
(10)
] 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.
(11)] 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.
(12)] 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.
(13)] Graduate student--A
student who has been awarded a baccalaureate degree.
(14)] Initial TEG--The
first Tuition Equalization Grant ever awarded to a specific student.
(15)] 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.
(16)] Private or independent
institution--Any college or university defined as a private or independent
institution of higher education by Texas Education Code, §61.003.
(17)] Program or TEG--The
Tuition Equalization Grant Program.
(18)] 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).
(19)] 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.
(20)] Regular Semester--A
fall or spring semester, typically of 16 weeks' duration.
(21)] 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
Resident Status and Waiver Programs for Certain Nonresident Persons [
Determining Residence Status]). Nonresident students who are
eligible to pay resident tuition rates are not residents of Texas.
(22)] 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.
(23)] 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.
(24)] 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.
(25)] Undergraduate student--An
individual who has not yet received a baccalaureate degree.
or]
[(B) if the student was awarded his
or her initial TEG award on or after September 1, 2005, full-time
enrollment;]
which requires:]
[(A) if the student received a TEG
in a state fiscal year prior to 2005-2006 or was awarded a TEG for
the 2005-2006 state fiscal year prior to September 1, 2005, the student
must meet the academic progress requirements as set by the institution; or]
[(B) if the student was awarded his
or her initial TEG award on or after September 1, 2005:]
[(C) A first-time entering freshman
student enrolling in a participating institution for the second regular
term or semester in a given academic year meets the semester-credit-hour
requirement outlined in subparagraph (B)(i) of this paragraph for
continuing in the program if he or she completes at least 12 semester
credit hours or its equivalent during that term or semester.]
SUBCHAPTER Q. ENGINEERING SCHOLARSHIP PROGRAM
SUBCHAPTER R. PROVISIONS REGARDING SCHOLARSHIPS TO RELATIVES OF BOARD MEMBERS OF INSTITUTIONS OF HIGHER EDUCATION AND UNIVERSITY SYSTEMS
A person applying for]
a scholarship originating from and administered by an institution
of higher education or university system, a student must
file a written statement [with the application] indicating
whether the person is related within the third degree by consanguinity
or the second degree by affinity to a current member of the governing
board of the institution or system. The required wording of the statement
will be developed by the Board and will be made available to institutions
via the Coordinating Board's web site.
SUBCHAPTER S. PROFESSIONAL NURSING SHORTAGE REDUCTION PROGRAMinstitution
] in Texas that offers a professional nursing program
that leads to initial licensure.
009]--the
Coordinating Board's Management reporting system for collecting
institution data. [report number nine for use by institutions
in reporting all graduates to the Coordinating Board]
Announcement].a] Program
Announcements [Announcement
] of the current year's Professional
Nursing Shortage Reduction Program to all professional nursing programs
in Texas. These announcements [This announcement]
will contain the following information:
program].
program].
program].
Announcement
] will be rejected. Institutions that fail to apply
for this program by the fifth working day past the required due date
shall not be included in the awards.
Nursing Graduates].its
nursing graduates to the Coordinating Board on the standard CBM 009
report].
nursing graduates]
to the Coordinating Board in a format and with the specific content
prescribed.
nursing graduates] by the
reporting deadline [required date
] shall not be eligible for an award.
(c)] The program report
shall be in a format and with the specific content prescribed by the
Commissioner.
Yearly awards] from this program shall be accounted for separately
in the books and records of receiving institutions.
SUBCHAPTER T. EXEMPTION FOR FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES
PART 2. TEXAS EDUCATION AGENCY2008] is based on specific
criteria and calculations, which are described in excerpted sections
of the 2009 [2008] AYP Guide provided in this
subsection.
Figure: 19 TAC §97.1004(b)]
2008-2009
] remain in effect for all purposes, including accountability,
data standards, and audits, with respect to those school years.