ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter L. Operation of Off-Campus Educational Units of Public Senior Colleges and Universities 19 TAC sec.5.242 The Texas Higher Education Coordinating Board adopts new sec.5.242, concerning Operation of Off-Campus Educational Units of Public Universities (Definitions) with changes to the proposed text as published in the March 15, 1994 issue of the Texas Register (19 TexReg 1729). The rule is necessary to allow students to attain degrees at more geographically convenient locations. The rules functions by permitting institutions to offer existing degree programs at jointly managed remote sites. They provide standards and procedures for consideration of approval and oversight of the center. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Education Code, sec.61.051, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Operation of Off-Campus Educational Units of Public Universities (Definitions). sec.5.242. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: Off-campus educational unit-A subdivision under the management and control of an existing public university or central administration (hereinafter referred to as the parent institution) in a geographic setting separate from the parent institution. It exists for a specific purpose which is directly related to the teaching of courses for resident credit at the parent institution, or for providing administrative support which facilitates the teaching of such courses. An off-campus unit, as used herein, is not a separate general academic institution and therefore does not have completely independent life within itself as regards academic, administrative, and fiscal matters, but has dependence upon the parent institution in such matters. Off-campus educational units include upper-level centers such as the Uvalde Center of Sul Ross State University. Separate general academic institution-A degree-granting public university established by the Texas Legislature as an independent educational unit under the direct authority of a statutory governing board. Within the limits of the policies and regulations established by appropriate state authority and its governing board, an operationally separate institution is autonomous in academic, administrative, and fiscal matters. It is located on its own individual campus; is accredited by the Southern Association of Colleges and Schools; and has degree-granting authority. The minimum enrollment level which must be met before the Coordinating Board will consider recommending that the legislature establish an existing off-campus educational unit as a separate general academic institution is established as 1,500 full-time student equivalents (FTSE) enrolled on the campus. Off-campus enrollments may not be counted in reaching these enrollment levels. Multi-Institution Teaching Center-An "off-campus educational unit" or an "auxiliary location" administered under a formal agreement between two or more public higher education institutions. It may also involve one or more private institutions. It exists for the purpose of providing credit instruction from several "parent institutions" in a common geographic setting. It is not a separate general academic institution and does not have independence regarding academic, administrative, or fiscal matters. Each signatory to the agreement may offer credit courses and, with prior Coordinating Board approval, may also offer degree programs by and in the name of the parent institution. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441424 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 17, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 483-6160 19 TAC sec.5.245 The Texas Higher Education Coordinating Board adopts the repeal of sec.5. 245, concerning Operation of Off-Campus Educational Units of Public Universities (The University of Houston Downtown), without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1729). This section is being repealed and rewritten. The new rules will permit institutions to offer existing degree programs at jointly managed remote sites. They provide standards and procedures for consideration of approval and oversight of the center. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Education Code, sec.61.051, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Operation of Off-Campus Educational Units of Public Universities (The University of Houston Downtown). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441425 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 17, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 483-6160 The Texas Higher Education Coordinating Board adopts new sec.5. 245, concerning Operation of Off-Campus Educational Units of Public Universities (Multi-Institution Teaching Center), with changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1729). The rule is necessary to allow students to attain degrees at more geographically convenient locations. The new rule functions by permitting institutions to offer existing degree programs at jointly managed remote sites. They provide standards and procedures for consideration of approval and oversight of the center. Comments received stated that more clarification was needed; questions were raised regarding off-campus educational unit and auxiliary location; whether courses must be part of the institution's course inventory; and whether courses offered must be reported separately. Since some universities no longer have a graduate faculty per se, it was suggested to add the words "if applicable" to sec.5.245(f)(6). Comments were received from the University of North Texas and the University of Houston System. Commenters were neither in favor nor opposed to adoption of the rule. The agency agreed with the comments and changes were made accordingly. The new section is adopted under Texas Education Code, sec.61.051 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Operation of Off-Campus Educational Units of Public Universities (Multi-Institution Teaching Center). sec.5.245. Multi-institution Teaching Center. (a) Role and Mission. A multi-institution Teaching Center is an "off- campus educational unit" or "auxiliary location" administered under a formal agreement between two or more public higher education institutions. It may also involve one or more private institution partners. It exists for the purpose of providing credit instruction from several "parent institutions" in a common geographic setting. With prior approval, degree programs may also be offered by and in the name of the parent institution. A teaching center is not a separate general academic institution and does not have independence regarding academic, administrative, or fiscal matters. (b) Implementation. The Coordinating Board must give formal approval of a Multi-institution Teaching Center before it may be initiated. Board approval is required whether the center operates as an "off-campus educational unit" or as an "auxiliary location." The Commissioner of Higher Education does not have authority to designate a Multi-institution Teaching Center as an auxiliary location. Board approval will be considered only after it receives a proposal and contract of agreement submitted jointly by the governing boards of the parent institutions seeking authority to offer instruction at the common location. (c) Authority. If the teaching center is approved as an "off-campus educational unit," courses and programs must be offered by more than one institution at the site under Board rules for off-campus sites. Such a jointly administered off-campus site will generally be required to operate successfully for two years before the Board will consider designating it as an auxiliary location. Institutions may petition the Board to designate a teaching center as an an auxiliary location. Designation as an auxiliary location must be made by action of the Coordinating Board based on submission of a proposal and contract of agreement submitted jointly by the governing boards of the parent institutions seeking authority to offer instruction at the common location. The Board may designate the site as an auxiliary location if there is clear evidence that the course offerings will be of high quality, enrollment projections demonstrate a sufficient on-going student demand, and there is assurance of adequate financing and facilities. If such designation is authorized, the Board will conduct regular evaluation and oversight of all activities at the site. In the event that the Board determines at any time that any of the above provisions are not satisfied, the teaching center will be subject to the rules and regulations for off-campus sites for a minimum of two years before the site could again be considered as an auxiliary location. Each parent institution may offer associate, baccalaureate and/or master's degree programs at the teaching center provided that it first receives approval by the Coordinating Board and the Southern Association of Colleges and Schools for the delivery of each degree program at the site. No program may be offered at a teaching center that does not have prior approval to be offered at the parent institution. (d) Center Name. The name to be used for a multi-institution teaching center must be approved by the Coordinating Board, and may not be changed without prior Coordinating Board approval. (e) Course Approval. Courses previously approved for a parent institution may be offered at the teaching center without prior Coordinating Board approval, with the following restrictions. (1) Courses offered at the teaching center must be reported separately. Most courses are expected to lead to the fulfillment of requirements for degrees, but a limited number of special-need courses may be offered. (2) Courses must meet the same standards as comparable courses offered at the parent institution. (3) Courses proposed to be offered at the teaching center but not at the parent institution must have prior approval by the Coordinating Board. (4) All students seeking to enroll in courses offered at a teaching center must be admitted by the same procedures and under the same standards applicable to students enrolled at the parent institution. (5) Student records must distinguish between courses taken at the center and at the parent institution. (f) Degree Program Approval. Requests to offer degree programs at a teaching center must be based upon careful surveys of need and the availability of qualified faculty and other resources. They may be approved subject to the following restrictions. (1) All students seeking to enroll in programs offered at a teaching center must be admitted by the same procedures and under the same standards applicable to students enrolled at the parent institution. (2) Programs must be administered and evaluated by the same office or person administering the same program at the parent institution. (3) Doctoral degree programs will not be authorized to be offered at a multi- institution teaching center. (4) Facilities, including lecture halls and laboratories, at teaching centers must be equivalent to or better than the facilities available on the corresponding parent institutions. A proposed program may be offered at a teaching center only after the responsible administrator certifies to the adequacy of laboratory and computer resources and classroom facilities. (5) Students must have parent institution library privileges and have library resources adequate for the courses or programs offered and convenient for use at the teaching center. A course or program may be offered at the teaching center only after the responsible administrator certifies that adequate library resources are available. (6) The majority of faculty members at a teaching center must, by some means, have prior or continuing significant annual involvement at the parent institution in order to qualify to teach one or more courses at the teaching center. A part-time faculty member employed to teach a course at the teaching center could meet the requirement for continuing involvement by teaching a course annually at the parent institution prior to or concurrently with the assigned teaching center course. A limited number of instructors who do not satisfy the continuing involvement standard may teach credit courses at the teaching center with prior Coordinating Board approval. Whether full-time or part-time, an instructor at the teaching center must hold membership on the faculty of the parent institution. Faculty members teaching graduate courses at the teaching center must also hold membership on the graduate faculty of the parent institution, if applicable. (7) The teaching format (including syllabus, student-teacher ratio, student- to-student and student-to-professor interaction) must be comparable to the format used for parent institution instruction, as certified by the responsible administrator. Faculty contact hours with the classes must be equivalent to those of the same course when taught at the parent institution. Teaching of a class at the teaching center must be done by the faculty member of record for the course. (g) Administration and Staffing. A multi-institution teaching center must be under the direct joint-management and control of the parent institutions. The parent institutions must provide sufficient personnel to insure effective instructional administration and to provide appropriate student services, and with prior approval by the Coordinating Board may contract for joint services and/or third-party management of the teaching center. (h) Discontinuance. Recognition of a multi-institution teaching center may be withdrawn by the Board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441426 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 17, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 483-6160 Chapter 9. Public Junior Colleges Subchapter E. Operational Provisions 19 TAC sec.9.103 The Texas Higher Education Coordinating Board adopts an amendment to sec.9. 103, concerning Operational Provisions (Reporting for State Reimbursement), with changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1732). The amendment is necessary to eliminate an inconsistency in the Community and Technical Colleges Reporting and Procedures Manual and in Chapter 9 of the Texas Higher Education Coordinating Board rules and regulations that was noted during the junior college audit for reporting of "classes that meet other than 16 or 6 week terms." The change is made to correct the discrepancy. Clarity is provided for reporting of classes that meet other than 16 or 6 week terms. The official census date for reporting of classes less than 5 weeks is the third class meeting. The rule functions by assuring colleges that our rules and regulations are consistent and unlikely to produce uncertainty and confusion regarding reporting dates and efficiency standards for the agency. No comments were received regarding adoption of the rule. The amendment is proposed under Texas Education Code, sec.61.061 and sec.61. 065, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Operational Provisions (Reporting forState Reimbursement). sec.9.103. Reporting for State Reimbursement. (a) Class enrollments shall be reported on the CBM-004 for all students enrolled at the reporting institution in Coordinating Board approved semester- length courses (for which semester credit hours are awarded). Enrollment shall be reported as of the official census date prescribed in the current edition of the educational data reporting system for public community and technical colleges. On or before the official census date, each student eligible for inclusion shall have paid in full the amount set as tuition and fees by the respective governing board (or, where applicable, have a valid accounts receivable on record) and shall be eligible for a refund of tuition and mandatory fees according to the schedule prescribed in paragraphs (1) and (2) of this subsection. (1) Students who officially withdraw from the institution will have their tuition and mandatory fees refunded according to the following schedule. [graphic] (A) Separate refund schedules may be established for optional fees such as intercollegiate athletics, cultural entertainment, parking, yearbooks, etc. (B) A public community/junior college may assess up to $15 as a matriculation fee if the student withdraws from the institution before the first day of classes. (C) Students who drop a course or courses and remain enrolled at the institution will have their tuition and mandatory fees refunded for those courses according to the following schedule: [graphic] (2) Tuition and fees paid directly to the institution by a sponsor, donor or scholarship shall be refunded to the source rather than directly to the student. (b) Class enrollments shall be reported on the CBM-00C for all students enrolled in courses approved for other than semester length reporting. Enrollments shall be reported as of the official census date prescribed in the current edition of the Educational Data Reporting Manual for Public Community and Technical Colleges. Students enrolled in classes with less than three scheduled meetings may be reported if in attendance at one scheduled meeting. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441427 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 17, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter J. The Physician Education Loan Repayment Program 19 TAC sec.21.258, sec.21.261 The Texas Higher Education Coordinating Board adopts amendments to sec.21. 258 and sec.21.261, concerning The Physician Education Loan Repayment Program. Section 21.258 is adopted with changes to the proposed text as published in the March 15, 1994 issue of the Texas Register (19 TexReg 1733). Section 21.261 is adopted without changes and will not be republished. The rules better clarify the eligibility of program applicants provide better guidance to persons interested in participating in the program. No comments were received regarding adoption of the rules. The amendments are proposed under Texas Education Code, sec.sec.61.531, 61.532, and 61.537, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Physician Education Loan Repayment Program. sec.21.258. Eligible Physician. An eligible physician is one who: (1) is licensed to practice medicine in Texas by the Texas State Board of Medical Examiners and against whom no professional disciplinary action has been taken; and, except in the case of general practitioners: (2) has satisfactorily completed a post-graduate program approved by the Texas State Board of Medical Examiners and accredited by the Accreditation Council on Graduate Medical Education or the American Osteopathic Association or has earned and maintained certification from an American Specialty Board that is a member of the American Board of Medical Specialties or the Advisory Board of Osteopathic Specialties in one of the following primary care or other specialties: (A) in the state-funded program, family practice, osteopathic general practice, obstetrics/gynecology, general internal medicine, general pediatrics, emergency medicine, general surgery, and psychiatry; or (B) in the federally funded (expanded) program, practice specialties named by the U.S. Secretary of Health and Human Services for purposes of this program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441428 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 17, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 483-6160 Subchapter DD. Minority Doctoral Incentive Program 19 TAC sec.sec.21.970-21.983 The Texas Higher Education Coordinating Board adopts new sec.21.970-sec.21. 983, concerning the Minority Doctoral Incentive Program, with changes to the proposed text as published in the December 14, 1993, issue of the Texas Register (18 TexReg 9255). The new rules are required by passage of Senate Bill 233 by the 73rd Legislature. The rules establish the minority doctoral incentive program and provide for its operation. As funds become available, eligible students will be able to further their education and then teach in Texas institutions of higher education. Comments were received regarding the definition of a minority; definition of a board-approved program and the use of the word "allopathic." Comments were received from Texas Osteopathic Association; Independent College and Universities of Texas; and individuals. The agency agreed with the comments received and changed the final version of the rules to reflect the concerns of those who commented. The new sections are adopted under Texas Education Code, sec.56.162, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Minority Doctoral Incentive Program. sec.21.970. Purpose. The purpose of the Minority Doctoral Incentive Program is to increase the number of minority students pursuing doctoral degrees and to increase minority representation among the faculty and academic administrators in public and independent institutions of higher education in Texas. sec.21.971. Administration. The Texas Higher Education Coordinating Board, or its successor or successors, shall administer the Minority Doctoral Incentive Program. sec.21.972. Delegation of Powers and Duties. The Board delegates to the commissioner of higher education the powers, duties, and functions authorized by the Texas Education Code, Subchapter J, Chapter 5. sec.21.973. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Academic Administrator -a person employed in an educational department of an institution of higher education in a supervisory position that is not classified under the state position classification plan. Board-the Texas Higher Education Coordinating Board. Board-Approved Program -For purposes of this Minority Doctoral Incentive Program only, a Board-approved graduate or professional degree program shall include appropriately-accredited programs offered through both public and independent institutions of higher education, as defined in the Texas Education Code, sec.61.003. Commissioner-the commissioner of higher education, the chief executive officer of the Board. Faculty Member -as defined in the Education Code, sec.51. 101. Full-time enrollment -as defined by the eligible institution of higher education. Fund-the Minority Doctoral Incentive Program fund Institution of Higher Education-any public or private institution of higher education, as defined in the Texas Education Code, sec.61. 003 and sec.61.302(2), that is located in Texas and is accredited by a recognized accrediting agency, as defined in the Texas Education Code, sec.61. 003. Mentor-a designated faculty member in the program in which an eligible doctoral student is enrolled. Minority-a member of an ethnic group which is significantly underrepresented in an academic discipline, as determined by the Commissioner. Program-the Minority Doctoral Incentive Program. Resident of Texas-a bona fide Texas resident as defined in the Texas Education Code, Chapter 54, Subchapter B, Sections 54.052, 54.054, and 54.055. sec.21.974. Eligible Doctoral Student. An eligible doctoral student is one whose intent is to earn the doctor of philosophy degree and who: (1) is a minority as defined in sec.21.973 of this title (relating to Definitions); (2) is a bona fide resident of Texas; or (3) is a resident of a state having a program similar to this program. Eligible nonresidents shall qualify to pay the same tuition as do Texas residents. sec.21.975. Eligible Lender or Holder. The board shall retain the right of determining eligibility of lenders and holders of education loans to which payments may be made under provisions of this program. An eligible lender or holder shall, in general, make or hold education loans made to individuals for purposes of attending postsecondary institutions and shall not be any private individual. An eligible lender or holder may be, but is not limited to, the board, a bank, savings and loan association, credit union, institution of higher education, secondary student loan market, governmental agency, pension fund, private foundation, or insurance company provided the education loan conforms to the definition of an eligible education loan described in this subchapter. A lender or holder must be willing to abide by the provisions of the law and rules of this program to be considered eligible. sec.21.976. Eligible Education Loan. An eligible loan is any loan made to an eligible student for educational purposes at the graduate or professional level that: (1) is not made to oneself from one's own insurance policy, pension plan or from the private funds, insurance policy, or pension plan of a spouse or other relative; (2) is obtained in pursuit of the doctor of philosophy degree or a master's degree with a demonstrated commitment to pursue a doctorate degree; (3) is made to cover reasonable expenses related to attendance in the program; (4) is made during one year of an academic course of study that does not exceed four consecutive years or is among other eligible education loans made for an academic course of study that does not exceed four consecutive years; (5) does not exceed $14,000 during a 12-month period; (6) other than the service obligation of a forgiveness loan from the fund, does not entail a service obligation; (7) will not be repaid through a similar program administered by the federal government, another state or territory of the United States, or by a foreign country; (8) is made at simple interest; (9) is evidenced by a promissory note providing for repayment of principal, interest, and any collections charges; (10) is made for the fall semester 1994 or after; (11) is made from the fund or by an eligible lender; and (12) is an education loan for which payments are not more than 90 days past due at the time the program begins making payments on behalf of a qualified borrower. sec.21.977. Responsibilities of Institution of Higher Education Personnel. (a) The president of the institution authorizes appropriate deans of the graduate or professional schools in which eligible doctoral students are enrolled to: (1) nominate eligible doctoral students for participation in the program based upon academic achievement, career interest, and other relevant factors the institution considers important; (2) name a mentor for each nominated student; and (3) complete a portion of the doctoral student's application for the program. (b) A mentor named by the appropriate dean agrees to: (1) inform the eligible doctoral student in writing of his role as mentor; (2) sponsor the eligible doctoral student; and (3) assist the student in pursuing a master's or doctor's degree. (c) The president of the institution designates the student financial aid director of the institution as the Minority Doctoral Incentive Program Officer who shall: (1) complete the financial portion of the doctoral student's application for the program; (2) be the board's on-campus agent to certify all institutional transactions and activities with respect to the program funds; and (3) be responsible for all records and reports reflecting the transactions with respect to the program funds. sec.21.978. Qualifications for Participation in the Program. An eligible doctoral student must: (1) indicate intent to earn the doctor of philosophy; (2) be nominated to participate in this program by the dean of the graduate or professional school offering the course of study leading to the doctorate; (3) have a mentor in the doctoral program or in the masters program leading to the doctor of philosophy degree; (4) be accepted for full-time enrollment or be enrolled full-time in a board- approved graduate or professional degree program leading to the doctor of philosophy degree or be accepted for full-time enrollment or enrolled full-time in a board-approved master's degree program leading to the doctor of philosophy degree; (5) not have defaulted on any education loan; and (6) have submitted to the board a properly completed application/promissory note: (A) for participation in the program; (B) for a loan or loans made from the fund; or (C) if the loan is not made from the fund, for a conditional guarantee of loan repayment. sec.21.979. Priority of Application Acceptance. Acceptance of applicants by the board will depend upon the availability of funds. Residents of Texas will receive priority in acceptance over residents from other states having programs similar to this program. The Commissioner will provide for the review, evaluation, and approval of applications for the program based on degree of under-representation in an academic field. sec.21.980. Responsibilities and Liabilities of the Eligible Doctoral Student. (a) A conditional guarantee of repayment from the fund does not release an eligible doctoral student at any time from the responsibilities and liabilities as a borrower under terms of the promissory notes of any eligible education loans received. (b) If at any time and for any reason an otherwise eligible doctoral student ceases to be enrolled full-time in a master's degree program leading to the doctorate or a doctoral program at an eligible institution of higher education before earning the doctorate, a conditional guarantee of repayment from the fund becomes null and void. (c) The borrower is responsible for any late fees assessed at any time on any eligible loans. (d) The borrower is responsible for reporting to the Board any status change affecting eligibility for participation in this program. (e) Any eligible doctoral student who receives a forgiveness loan from the fund is bound by the conditions of the promissory note and service obligation of that program as a borrower. sec.21.981. Forgiveness of Education Loans. If a borrower earns the doctor of philosophy degree or its equivalent and serves as an academic administrator or a faculty member at a Texas institution of higher education, loans made by the board from program funds may be forgiven. The board will forgive eligible education loans made through the program at the rate of one-fifth of the outstanding principal balance and interest for each year of service, not to exceed five years. sec.21.982. Guarantee of Payment of Education Loans. (a) If a borrower earns the doctor of philosophy degree and serves as an academic administrator or a faculty member at an institution of higher education in Texas, the program will repay from the fund eligible education loans through eligible lenders or holders of those loans at the rate of one- fifth of the outstanding principal balance and interest for each year of service, not to exceed five years. (b) If the borrower enters a postdoctoral fellowship no later than the first day of the seventh month after the borrower ceases to be enrolled full- time, the lender or holder, as agreed upon, shall provide an in-school deferment of payments or forbearance until the borrower completes the postdoctoral fellowship and begins serving as an academic administrator or faculty member at an institution of higher education in Texas. The period of deferment or forbearance may not exceed two years. (c) A conditional guarantee of repayment of an eligible education loan shall be provided to an eligible doctoral student and to any eligible lender stating that: (1) the board will repay from the fund any eligible education loan incurred by the eligible doctoral student at the rate of one-fifth of the outstanding principal and interest for each full year of service as an academic administrator or faculty member at an institution of higher education in Texas; and (2) an eligible education loan becomes due and payable by the borrower to the eligible lender on the first day of the seventh month after the borrower ceases to be enrolled full-time at an institution of higher education and is not serving as an academic administrator or faculty member at an institution of higher education in Texas or on the day after the borrower ceases to serve as an academic administrator or faculty member at an institution of higher education in Texas and has outstanding principal and interest on eligible education loans. sec.21.983. Repayment of Education Loans. (a) If, no later than the first day of the seventh month after the borrower drops below full-time study, unless the loan note provides for a longer grace period, the borrower has not earned the doctor of philosophy degree and is not serving as an academic administrator or a faculty member at an institution of higher education in Texas, the borrower must begin repaying eligible education loans to the holders of the loan notes. (b) With the exception that any outstanding principal and interest remaining on eligible loans becomes due and payable by the borrower to the eligible lender on the day after the borrower ceases to serve as an academic administrator or faculty member at an institution of higher education in Texas, the beginning of repayment, the minimum repayment amount, and the period of the eligible education loans are determined by the notes signed by the borrower. (c) Authorized deferments and periods of forbearance depend upon the provisions of the education loan notes and the discretion of the lenders or holders of the loan notes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441429 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 17, 1994 Proposal publication date: December 14, 1993 For further information, please call: (512) 483-6160 Chapter 25. Retirement Annuity Programs Subchapter A. Retirement Annuity Programs 19 TAC sec.sec.25.3, 25.5, 25.7 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.25. 3, 25.5, and 25.7, concerning Retirement Annuity Programs. Section 25.3 is adopted with changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1732). Section 25.5 and sec.25.7 are adopted without changes and will not be republished. The new rules are necessary to promote uniformity in the administration of the Optional Retirement Program (ORP) by Texas public institutions of higher education. The changes are being made in response to questions received from institutional ORP administrators. The clarifications will provide for a better understanding of the program. The technical correction will correct a reference in the rules to a chapter in the Texas Government Code. The new subsection clarifies the procedure for returning the employer contribution when an ORP participant terminates employment prior to vesting. It also adds a specific timeframe, which may provide for a speedier return of those funds to the originating fund. Comments were received requesting an increase in the amount of time for the institutions to request refunds from the carriers; guidance for handling a return of employer contribution that was made in error; and a reasonable waiting period for determining whether a participant has terminated all employment in Texas public higher education. In addition, an oral comment was received suggesting the substitution of "alternate payee" for "ex-spouse" because the former term is used in the applicable statute (Chapter 804, Texas Government Code) and may include alternate payees other than the ex-spouse (e. g. dependent child). Comments were received from the University of North Texas and the Texas A&M University System. The agency agreed with these comments and made changes to sec.25.3(o) and (n) to incorporate these suggestions. The amendment is proposed under Texas Education Code, sec.61.061 and sec.61. 065, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Operational Provisions (Reporting for State Reimbursement). sec.25.3. ORP Standards. (a)-(h) (No change.) (i) An ORP participant who has not satisfied the vesting requirements in subsection (a) of this section and becomes employed in an institution of higher education in Texas in a position not eligible for the ORP shall be required to return to membership in the TRS for the remainder of his or her employment in Texas public higher education. (j) An individual terminates participation in the ORP only upon death, retirement (including disability retirement), or termination of employment in all public institutions of higher education in Texas. A change of company providing ORP benefits or a participant's transfer between institutions of higher education is not a termination of employment. (k)-(m) (No change.) (n) Contracts issued under the ORP shall include a provision that the ORP carrier is responsible for qualifying domestic relations orders and paying benefits in accordance with Government Code, Title 8, Chapter 804. The portion of the participant's account that is awarded to the alternate payee shall be segregated to a separate account. The alternate payee shall have the same authority to direct the investment of the funds in that separate account as did the participant prior to the domestic relations order. The alternate payee shall also have the authority to transfer the funds to any other company. (o) If a participant terminates employment prior to satisfying the vesting requirements in subsection (a) of this section and does not resume participation in Texas ORP within 90 days of such termination, the employer contribution remitted for that participant must be returned to the originating fund. The institution must send a request to the ORP carrier for a return of the employer contribution within 90 days of a non-vested participant's termination from all public institutions of higher education in Texas. Within 30 days of receiving the institution's request, the carrier must process a reimbursement and send notification of the transaction to the employee. The institution must deposit the reimbursed amount in the originating fund immediately upon receipt. If it is determined that an employer contribution has been returned to the originating fund in error because the participant did, in fact, return to employment in Texas ORP within 90 days of termination, the institution must immediately return the reimbursed amount to the carrier for deposit in the participant's account. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441432 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 483-6160 Part II. Texas Education Agency Chapter 75. Curriculum Subchapter H. Promotion and Alternatives to Social Promotion 19 TAC sec.75.197 The Texas Education Agency (TEA) adopts new sec.75.197, concerning the Texas Advanced Placement (AP) Incentive Program, with changes to the proposed text as published in the March 1, 1994, issue of the Texas Register (19 TexReg 1433). Passed by the 73rd Texas Legislature, the program rewards students, teachers, and campuses for performance on the College Board AP examinations. The new rule outlines the available awards. The change in subsection (f)(4) clarifies that the commissioner of education will determine the date for filing applications for reimbursals under this rule. No public comments have been received regarding adoption of the new rule. The new rule is adopted under the Texas Education Code, Chapter 35, which authorizes the State Board of Education to promulgate rules regarding the Texas AP Incentive Program. sec.75.197. Texas Advanced Placement Incentive Program. (a) The Texas advanced placement incentive program is created to recognize and reward students, teachers, and schools that demonstrate success in achieving the educational goals of the state. Awards and subsidies granted under this section are for the public purpose of promoting an educated citizenry. (b) Types of awards. (1) A school participating in the program shall be eligible to receive the following awards: (A) a one-time $3,000 equipment grant for providing a college advanced placement course, based on need as determined by the commissioner; and (B) $100 for each student who receives a score of three or better on a college advanced placement test. (2) A teacher who teaches a college advanced placement course shall be eligible to receive the following awards: (A) a subsidy of up to $450 per teacher for teacher training for college advanced placement courses; (B) a one-time award of $250 for teaching a college advanced placement course for the first time; and (C) a share of the teacher bonus pool proportional to the number of courses taught that shall be distributed by the teacher's school. Fifty dollars may be deposited in the teacher bonus pool for each student enrolled in the school who scores a three or better on a college advanced placement test. (3) A student who receives a score of three or better on a college advanced placement test may receive a reimbursement of up to $65 for the advanced placement testing fee. This reimbursement shall be reduced by the amount of any subsidies awarded either by the College Board or under subsection (e) of this section. (c) Award adjustment. The commissioner of education shall adjust and prorate by category the sum and number of awards to ensure the purpose of the program is realized. (d) Application for and use of awards. (1) To obtain an award, a school or teacher must submit to the State Board of Education (SBOE) a written application in a form, manner, and time prescribed by the commissioner. The intended recipient of the award must submit the application. (2) Schools shall give priority to academic enhancement purposes in using the awards received under this section. The awards may not be used for any purpose relating to athletics. (e) Subsidies for College Board advanced placement tests. (1) A student is entitled to a subsidy for the fee he or she pays to take a college advanced placement test if the student demonstrates financial need according to guidelines adopted by the College Board. (2) The Texas Education Agency (TEA), with SBOE approval, may pay all eligible applicants an equal amount of up to $25 for each applicant. (f) Funding of awards and subsidies. (1) All awards and subsidies granted under this section are subject to the availability of funds. Awards and subsidies may be funded by donations, grants, or legislative appropriations. (2) The commissioner may solicit and receive grants and donations for the purpose of making awards under this section. The TEA shall account for and distribute donations, grants, or legislative appropriations. (3) The TEA shall apply to the program any available funds from its appropriations that may be used for this purpose. (4) Applications for funding may be filed with the agency at a date determined by the commissioner. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441387 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: June 15, 1994 Proposal publication date: March 1, 1994 For further information, please call: (512) 463-9701 Chapter 89. Adaptations for Special Populations Subchapter G. Special Education Clarification of Provisions in Federal Regulations and State Law 19 TAC sec.89.221, sec.89.224 The Texas Education Agency (TEA) adopts amendments to sec.89.221 and sec.89. 224, concerning special education. Section 89.221 is adopted with changes to the proposed text as published in the April 12, 1994, issue of the Texas Register (19 TexReg 2587). Section 89.224 is adopted without changes and will not be republished. The amendments are necessary to comply with the Individuals with Disabilities Education ACT (IDEA), the Texas State Plan for IDEA, legislation passed by the 73rd Legislature, and changes in State Board of Education policy concerning the use of nationally certified school psychologists. The amendments increase the involvement of regular education teachers in developing and implementing the individual educational plans (IEPs) for students with disabilities who receive specialized support and supplemental aids and services in regular education. The amendments also require districts to have procedures that ensure regular and special education teachers can request assistance with implementation of, or request further consideration of, a student's IEP. The change in sec.89.221(h)(2)(B) corrects a typographical error by replacing the word "aide" with the word "aids." No public comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.21.501, which authorizes the State Board of Education to develop and modify as necessary a statewide design for delivering services to handicapped children in Texas that includes rules for administering and funding the special education program. sec.89.221. The Admission, Review, and Dismissal (ARD) Committee. (a)-(g) (No change.) (h) Persons other than those listed in this subsection may be present at, and participate in, ARD committee meetings at the discretion of the school district, the parent, or the student; however, the committee shall include, under the circumstances described in this section, only the following members in determining its actions: (1) (No change.) (2) representatives from instruction shall always be included. These representatives will include: (A) the student's current special education teacher; and/or (B) at least one appropriate regular classroom teacher for those students expected to receive their specialized support, supplemental aids and services in regular education; (3)-(10) (No change.) (i)-(j) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441388 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: June 15, 1994 Proposal publication date: April 12, 1994 For further information, please call: (512) 463-9701 19 TAC sec.89.239 The Texas Education Agency (TEA) adopts an amendment to sec.89.239, concerning programs between school districts and the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf that provide specialized services to students with visual or auditory handicaps, without changes to the proposed text as published in the March 1, 1994, issue of the Texas Register (19 TexReg 1434). The amendment repeals subsection (c)(3). The Attorney General issued an opinion that this subsection, which would allow TEA to withhold funds from a school district's share of the Available School Fund to satisfy a district's debt to the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf, exceeds the authority of the State Board of Education (SBOE). The Legislative Budget Board commented on legislative intent and encouraged a process by which affected districts pay the schools directly. The amendment is adopted under the Texas Education Code, sec.21.507, which authorizes SBOE to implement statutory requirements concerning support of students referred to the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441389 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: June 15, 1994 Proposal publication date: March 1, 1994 For further information, please call: (512) 463-9701 Chapter 97. Planning and Accreditation 19 TAC sec.sec.97.1-97.9 The Texas Education Agency (TEA) adopts amendments to sec. sec.97.1-97.3 and new sec.sec.97.4-97.9, concerning requirements and procedures for school accreditation. The amendments to sec.97.2 and sec.97.3 and new sec.sec.97.4- 97.8 are adopted with changes to the proposed text as published in the January 18, 1994, issue of the Texas Register (19 TexReg 334). The amendment to sec.97.1 and new sec.97.9 are adopted without changes and will not be republished. The amendments and new rules are necessary to comply with Senate Bill 7, 73rd Legislature. They implement legislative changes to the accreditation process in the following areas: accreditation ratings assigned to districts; emphasis placed on the performance of individual campuses and attendant intervention strategies; and scheduling on-site accreditation peer reviews. As a result of these changes, TEA is reorganizing Chapter 97. Old sec.sec.97. 4-97.6, which are proposed for repeal in a separate submission, are amended and renumbered here as sec.97.5, sec.97.6, and sec.97.9, respectively. Changes to the proposed amendments and new rules clarify criteria for accreditation ratings and special investigations and alter the campus accreditation reporting process. Other changes clarify the indicators and criteria related to the effectiveness of the local board of trustees' governance and management of the operations of the school district. The following comments were received regarding adoption of the amendments and new rules. Comment: Change the language in sec.97.2(b) and sec.97.3(1)-(4) to delete reference to additional criteria to be used for determining accreditation status other than academic excellence indicators. Agency Response: The agency deleted language to conform with requirements of the accountability system and the use of the academic excellence indicators. Comment: In sec.97.3, replace the phrase "... by the commissioner of education" with the phrase "... by rule." Agency Response: The agency disagreed with the change. The original language provides for setting standards and criteria for the academic excellence indicators. Comment: In sec.97.3(1), delete the phrase "... health and safety of all students are ensured ..." Agency Response: The agency deleted language to conform with requirements of the accountability system and the use of the academic excellence indicators. Comment: Change the language in sec.97.3(2) to indicate that a district could be accredited with recognized status as long as there are no campuses rated as low performing. Agency Response: The agency agreed with the change and altered the language to conform with requirements of the accountability system. Comment: In sec.97.4(3), replace the phrase "... clearly unacceptable ..." with the phrase "... low performing ..." Agency Response: The agency agreed with the change and altered the language to conform with requirements of the accountability system. Comment: Delete gender as an indicator in the disaggregation of data used for accreditation purposes. Agency Response: The agency disagreed with the change. Gender is included as an indicator in Senate Bill 7; however, it has not been disaggregated for use in the accountability system. Comment: One commentator requested that sec.97.5(c)(1)-(21) be deleted or revised, while another requested the paragraphs remain unchanged. A third commentator requested that criteria for use in "regular" investigations be deleted. Agency Response: The agency deleted paragraphs (1)-(18); added a new paragraph (1); and revised paragraphs (19)-(21) and renumbered them as new paragraphs (2)- (4). New paragraph (1) refers to special investigations related to effectiveness of the district's ability to discharge its responsibilities related to state and federal compliance requirements. The agency also agreed to delete reference to the use of criteria in "regular" investigations. Comment: Revise the language of sec.97.5(c)(4) and add specific indicators related to the criteria for the effectiveness of the local board of trustees. Agency Response: The agency agreed with the comment and included the indicators. Comment: In sec.97.6(a), (c), and (d), clarify the use of additional criteria in determining accreditation status. Agency Response: The agency changed the language in subsection (a) to state that status may be adjusted based on compliance with laws, rules, and court orders. The agency deleted language in subsection (c) related to additional criteria. The agency added language in subsection (d) to include effectiveness of site-based decision making and planning for low performing campuses in the on-site review process. Comment: In sec.97.6, add language for on-site visits in response to high accreditation ratings. Agency Response: The agency disagreed with the change because visits to high performing campuses are an option without rule changes. Comment: In sec.97.6(g), commentator requested notification before any special accreditation investigation. Agency Response: The agency changed the language for notification at least six weeks before a regularly scheduled accreditation peer-review visit. Comment: In sec.97.6(i) and (j), commentator requested revisions to documents before they become public. Agency Response: The agency revised the language. Note that sec.97.8 describes the reporting and appeal process. Reports are public documents subject to the Texas Open Records Act. Comment: In sec.97.8, add language related to clarification of responsibilities at the local level for the appeal process. Agency Response: The agency disagreed with the change because local decisions are based on district policy. Comments were received from the Texas Association of School Boards, the Association of Texas Professional Educators, and the Texas Association of School Administrators. The amendments and new rules are adopted under the Texas Education Code, sec.35.062, which authorizes the State Board of Education to adopt rules for the accreditation of school districts. sec.97.2. Accreditation Required. (a) Each school district must be accredited by the Central Education Agency. (b) The accreditation of a school district is based primarily on its overall performance by all student populations and on the performance of each of its individual campuses as demonstrated on state adopted academic excellence indicators and other indicators of student performance. (c) Accreditation by a voluntary association is a local option of the district, but it does not substitute for accreditation by the Central Education Agency. sec.97.3. Types of Accreditation Status. The specific procedures for determining accreditation status based on performance measures will be established by the commissioner of education. The types of status districts may receive are as follows. (1) Exemplary. In accordance with the established procedures, a district may be classified as exemplary if there is evidence of sustained performance at or above the established criteria by all student populations on all academic excellence indicators for which performance data are available and criteria have been established. (A) The performance results reported on each of the academic excellence indicators for all student populations shall be the primary consideration of exemplary status. (B) A district may retain its exemplary status unless it fails to maintain exemplary standards established by the commissioner of education. (2) Recognized. In accordance with the established procedures, a district may be classified as recognized if there is evidence of required levels of performance on all academic excellence indicators for which performance data are available and criteria have been established for all student populations. (A) The performance results reported on each of the academic excellence indicators for all student populations shall be the primary consideration of recognized status. (B) A district may retain its recognized status unless it fails to maintain recognized standards established by the commissioner of education. (3) Accredited. In accordance with the established procedures, a district shall be classified as accredited when it meets the standards of acceptable performance on all of the academic excellence indicators for which performance data are available and criteria have been established and maintains equity in achievement across all student populations. (4) Accredited, warned. In accordance with the established procedures, a district shall be classified as accredited, warned when the district's students fail to achieve the standard of acceptable performance on the academic excellence indicators and substantial inequities in achievement exist among student populations. sec.97.4. Types of Campus Performance Ratings. The specific procedures for determining campus performance ratings, based on overall performance by all student populations as demonstrated on state adopted academic excellence indicators and other indicators of student performance, will be established by the commissioner of education. Additional criteria will be established by the commissioner of education for special campuses which serve unique populations and/or provide alternative education programs. The types of performance ratings campuses may receive are as follows. (1) Exemplary. In accordance with the established procedures, campuses must meet the same standards in respect to each of the designated academic excellence indicators that apply to the district level and are set forth for district exemplary status. (2) Recognized. In accordance with the established procedures, campuses must meet the same standards in respect to each of the designated academic excellence indicators that apply to the district and are set forth for district recognized status. (3) Acceptable. In accordance with the established criteria, campuses are rated as acceptable as long as they maintain performance that is above the low performing level set by the commissioner and do not otherwise qualify as exemplary or recognized. (4) Low Performing. In accordance with the established procedures, campuses are rated as "low performing" if they fail to achieve the standard of acceptable performance on the academic excellence indicators and other student performance measures. sec.97.5. Criteria for Accreditation. (a) The academic excellence indicators stipulated in law and other performance indicators as adopted by the State Board of Education shall be the main consideration of the Central Education Agency in the rating of a district. Performance on the academic excellence indicators required by this section shall be used for the purposes of evaluation and accreditation. The indicators must be based on information that is disaggregated with respect to race, ethnicity, gender, and socioeconomic status. Use of the academic excellence indicators in the rating process shall include consideration of district and campus performance in relation to: (1) standards established for each indicator; (2) required improvement necessary to meet the state standards and for students to meet exit requirements as defined by the commissioner of education; and (3) comparable improvement of the district and campus relative to a state profile developed from the total state student performance data base. (b) District and campus planning and decision making toward improved student performance will be the primary consideration during the on-site peer review and include: (1) recommendations for locally directed school restructuring initiatives and/or regional education service center technical assistance; and (2) recommendations to the commissioner regarding the level of intervention measures that may need to be imposed in order to bring about the desired level of improvement. (c) Among other criteria stipulated in law, the following criteria will be considered under special investigations by the commissioner of education when deemed appropriate: (1) effectiveness of the school district's ability to discharge its responsibilities related to civil rights, and state and federal compliance requirements and established regulations for school financial accounting requirements and school programs; (2) the effectiveness of the district's plan for both site- based decision making and improved student performance; (3) the effectiveness of the school district's ability to provide physical facilities that are safe and designed to meet the educational needs of all students in an environment conducive to learning; and (4) the effectiveness of the school district's board of trustees governance and management of the operations of the district in accordance with the following indicators. (A) The board of trustees adopts written policies and maintains compliance with its own policies, with state law, and with rules of the State Board of Education and the commissioner of education. (B) The board of trustees respects the authority of the superintendent to manage the district in accordance with adopted school board policies, the superintendent's contract, and the duties established in the Texas Education Code, sec.13.351. (C) The board of trustees develops and adopts policies for planning and accountability frameworks and for site-based decision making that reflect, at a minimum, statutory provisions. sec.97.6. The Accreditation Process. (a) For the purpose of issuing accreditation status and performance ratings, the agency shall annually review the performance of each school district and campus in the state on the indicators adopted under the Texas Education Code, sec.35.041. Accreditation status and performance ratings will be based on the district's performance and on the performance of the campuses within the district on the accreditation criteria as described in sec.97.5 of this title (relating to Criteria for Accreditation). However, the districts' accreditation status may be adjusted based on their history in respect to compliance with state and federal laws, State Board of Education rules, and applicable court orders. Based on standards established by the commissioner of education, districts will be assigned an appropriate accreditation status and campuses will be assigned an appropriate performance rating. (b) A district's accreditation status may be raised or lowered based on the district's performance or may be lowered based on the unacceptable performance of one or more campuses in the district. The commissioner must review at least annually the performance of a district for which the accreditation rating has been lowered due to unacceptable student performance and shall raise the rating of the district based on demonstrated improved student performance and other established criteria. (c) The commissioner shall establish the level of frequency of on-site visits, and the level of investigative review needed, dependent upon the district's or campus' performance as measured annually on the academic excellence indicators. (d) If an annual review indicates low performance on one or more of the academic excellence indicators on one or more campuses in a district, the agency may conduct an on-site review to determine the extent to which the district is effectively planning to address the deficiencies cited in its low performing campus or campuses, as well as the effectiveness of the plan for site-based decision making. (e) The accreditation on-site review and intervention process shall normally be conducted by a select group of peers of professional district staff. Whenever practicable, the majority of the members of the accreditation review teams shall be composed of trained persons who have experience in school districts similar to the districts they are assigned to review as part of the accreditation review process. Agency staff will manage and facilitate the peer review process. The team will review, gather, and analyze data pertaining to student performance, district and campus planning and decision making, compliance, equity, governance, health, and safety. The team shall report its on-site visit findings to the commissioner. Agency staff will review all performance reports, compliance reports, other pertinent district records and findings of the review team, and the commissioner will determine the level of technical assistance or intervention necessary to improve student performance in respect to standards established by the commissioner of education. (f) Districts that receive the status of accredited, warned, will be reviewed on-site at least annually to determine the level of oversight, technical assistance, and/or level of intervention required, and to monitor progress in respect to student performance, compliance, and other indicators of improvement. (g) The Central Education Agency shall give written notice to the superintendent and board of trustees of each district at least six weeks before a regularly scheduled accreditation peer review visit. (h) The procedures followed during the on-site accreditation visits will be established by the commissioner of education and provided to the district along with the notice of visitation. The procedures shall include protocols for obtaining information from campus administrators, teachers, parents, and students. (i) At the conclusion of a district's accreditation visit, the accreditation team shall orally report its preliminary findings to the superintendent and to the extent practicable: members of the board of trustees; members of the district-level committee as established in the Texas Education Code, sec.21.930; and others as deemed appropriate. A written report shall be sent to the district within 45 working days. The written report is a public document subject to the provisions of the Texas Open Records Act. (j) At the conclusion of the campus' visit, the peer intervention team shall orally report its preliminary findings to the campus principal and site-based decision making committee established under the Texas Education Code, sec.21.931, and to the extent practicable, members of the board of trustees, the superintendent, and others as deemed appropriate. A written report shall be sent to the district within 45 working days. The written report is a public document subject to the provisions of the Texas Open Records Act. sec.97.7. Special Investigations. (a) Under certain circumstances, the commissioner of education may order a review team of Texas Education Agency (TEA) staff to conduct an on-site special investigation. The commissioner may raise or lower a school district's accreditation rating and may apply any sanction or intervention provided in statute as a result of the investigation. The commissioner may order the investigation under the following circumstances: (1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; (2) when excessive numbers of allowable exemptions from the required state assessment are determined; or (3) in response to a complaint submitted to the Central Education Agency regarding any of the following: (A) alleged violations of civil rights or other requirements imposed on the state by federal law or court order; (B) alleged violations of the accreditation criteria related to effective governance operations; or (C) established compliance reviews of the district's fiscal management and financial accounting practices, state and federal program requirements, and State Board of Education (SBOE) rule. (b) The commissioner shall determine separately the process for special investigative visits in each case. (c) A written report shall be sent to the district within 30 working days after the investigation is complete. The written report is a public document subject to the provisions of the Texas Open Records Act. sec.97.8. The Appeal Process. (a) The provisions of this section apply to sec.97.6 of this title (relating to The Accreditation Process) and sec.97.7 (relating to Special Investigations). Within 15 working days after receiving the accreditation or special investigation report, the school district may request resolution of any disagreement by submitting to agency staff a written response containing objections to the report. The district waives any objections not contained in the response. The time line may be extended under special circumstances, as determined by agency staff. Agency staff must respond within 15 working days after receiving the written response. If the objections are not resolved within 15 working days after the agency receives the district's objections, the district will be notified that it must choose between informal or formal resolution. The commissioner or the commissioner's designee shall review the report for informal or formal resolution, as described under the Administrative Procedures Act. (b) At the next regularly scheduled board meeting, the school district board of trustees must review the complete written report as modified by any appeals. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441390 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: June 15, 1994 Proposal publication date: January 18, 1994 For further information, please call: (512) 463-9701 19 TAC sec.sec.97.4-97.6 The Texas Education Agency (TEA) adopts the repeal of sec. sec.97.4-97.6, concerning requirements and procedures for school accreditation, without changes to the proposed text as published in the January 18, 1994, issue of the TexasRegister (19 TexReg 337). In a separate submission, TEA is adopting amendments to several existing rules and several new rules in Chapter 97 to comply with Senate Bill 7, 73rd Legislature. As a result, the chapter is being reorganized, and sec.sec.97.4-97. 6 are being renumbered as sec.97.5, sec.97.6, and sec.97.9, respectively. The repeals will allow a clearer, more concise statement of the rules relating to school accreditation. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Education Code, sec.35.062, which authorizes the State Board of Education to adopt rules for the accreditation of school districts. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441391 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: June 15, 1994 Proposal publication date: January 18, 1994 For further information, please call: (512) 463-9701 Chapter 175. Proprietary Schools and Veterans Education Subchapter E. Minimum Standards for Operation of Texas Proprietary Schools 19 TAC sec.175.128 The Texas Education Agency (TEA) adopts an amendment to sec.175.128, concerning application fees and other charges for proprietary schools, without changes to the proposed text as published in the March 1, 1994, issue of the Texas Register (19 TexReg 1434). The amendment is necessary to help support the regulation of proprietary schools. It increases the original and change of owner fees and the renewal certificate of approval fees paid by proprietary schools. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.32.22, which authorizes the State Board of Education to adopt rules necessary to carry out the provisions of the Texas Proprietary School Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 25, 1994. TRD-9441392 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: June 15, 1994 Proposal publication date: March 1, 1994 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XXI. Texas State Board of Examiners of Psychologists Chapter 461. General Rulings 22 TAC sec.461.3 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.461.3, concerning Violation of the Code of Ethics, without changes to the proposed text as published in the February 8, 1994, issue of the Texas Register (19 TexReg 858). The amendment is necessary to clarify the Board's requirements that psychologist follow the professional ethics of the profession of psychology. The amendment will clarify the Board's requirements that a psychologist follow the ethics of the profession of psychology to ensure that the public receives appropriate and ethics services. No comments were received regarding adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441434 Rebecca E. Forkner Executive Director/Investigation, Compliance and Enforcement Division Manager Texas State Board of Examiners of Psychologists Effective date: June 17, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 835-2036 Chapter 465. Rules of Practice 22 TAC sec.465.37 The Texas State Board of Examiners of Psychologists adopts new sec.465.37, concerning Provision of Psychological Services, without changes to the proposed text as published in the February 8, 1994, issue of the Texas Register (19 TexReg 861). The new rule is necessary to clarify statutory requirements that only licensed psychologist and those persons under the supervision of a licensed psychologist may perform psychological services in the State of Texas. The new rule will clarify statutory requirements so people know the legal restrictions on offering psychological services. No comments were received regarding adoption of the rule. The new rule is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441435 Rebecca E. Forkner Executive Director/Investigation, Compliance and Enforcement Division Manager Texas State Board of Examiners of Psychologists Effective date: June 17, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 835-2036 Chapter 466. Procedure 22 TAC sec.sec.466.1-466.43 The Texas State Board of Examiners of Psychologists adopts new sec.sec.466. 1- 466.43, concerning Procedure. Sections 466.8, 466.31, and 466.39 are adopted with changes to the proposed text as published in the February 8, 1994, issue of the Texas Register (19 TexReg 862). Sections 466.1-466.7, 466.9-466. 30, 466.32-466.38, and 466.40-466.43 are adopted without changes and will not be republished. The new rules are necessary to more effectively regulate the practice of psychology, implement the requirements of Senate Bill 1424, 73rd Texas Legislature, and establish procedures for the orderly and efficient disposition of complaints before the Board. The new rules will determine the qualifications of persons offering to perform psychological services and protect the public against exploitation and injury at the hands of the unqualified and unscrupulous. One commenter stated that the proposed rules lacked a step-by-step description of the complaint process from initiation through final disposition of a complaint. One commenter stated that there is insufficient identification in sec.466.15(b) and sec.466.2 of the psychologist who may be appointed by the Chair to assist complaints review. One commenter stated that it is unclear as to the source of authority of the complaint reviewer in sec.466.15(c) to dispose of a complaint. One commenter stated that it is confusing to use the term "consulting psychologist" in sec.466.15(c); it would be better to use the term "appointed psychologist complaint reviewer". One commenter stated that sec.466.43 does not state the qualifications of the member of the Complaints Review Committee. The Board also received comments regarding sec.466.39 and the Board's authority to review Proposals for Decision issued by the Administrative Law Judge at the State Office of Administrative Hearings. Comments were received from Texas Psychological Association and individuals. No comments were received in favor or against adoption of the rule. The Board believes that the proposed rules clearly spell out the steps in the complaint process from initiation through final disposition of a complaint. It does not believe that sec.466.15(b) and sec.466.2 need to identify or define who the psychologist will be, as this would limit unreasonably and unnecessarily the Board's flexibility and would presume knowledge of the unforeseeable. The source of authority of the consulting psychologist in sec.466.15(c) to dispose of a complaint is not an issue since such authority is reposed in the Complaints Review Committee as clearly stated in the rule. The use of the term "consulting psychologist" in sec.466.15(c) is not confusing and clearly would include the psychologist referred to in sec.466.15(b). The Complaints Review Committee is a committee comprised of Board members, as authorized by sec.2001.056 of the Government Code and sec.25C of the Psychologists' Certification and Licensing Act. The Board's authority to review Administrative Law Judge orders is confirmed by sec.2001.058 of the Government Code with which the proposed rule is consistent. The new rules are adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. sec.466.8. Pleadings. (a) Pleadings shall be type-written or printed upon paper 8-1/2 inches wide and 11 inches long, with left and right margins at least one inch wide. Exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are clear and permanently legible. The impression shall only be on one side of the paper and shall be double- or one and one-half spaced, except that footnotes and lengthy quotations may be single-spaced. (b) Pleadings shall state their purpose, contain a concise statement of the facts in support thereof and a prayer for the desired relief. (c) The original of every pleading shall be signed in ink by the party filing the document or by his or her representative. Pleadings shall contain the name, address and telephone number of the party filing the document and, if applicable, the attorney's state bar number and telecopier number. The signed original shall be filed with the Board. (d) A certificate of service by the party or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection: "I hereby certify that I have this ________________ day of ________________, 19_____, served copies of the foregoing pleading upon all other parties to this proceeding, by (state manner of service). Signature." Service of pleadings on and by a party shall be as specified in sec.466.11 of this title (relating to Service in Nonrulemaking Proceedings). (e) In a contested case the petition and each pleading shall be numbered with the licensee's license number and the number assigned by the State Office of Administrative Hearings, centered and underscored six lines down from the top of the first page. Double spaced below the numbers shall be the heading as follows: [graphic] (f) All allegations or responses shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all subsequent pleadings, so long as the pleading containing such paragraph has not been superseded by an amendment. Each violation founded upon a separate transaction or occurrence and each response thereto shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. (g) Any pleading filed pursuant to a Notice of Hearing may be amended up to seven days prior to the hearing. Amendments after that time will be at the discretion of the presiding officer. (h) All documents relating to any proceeding pending before the Board shall be filed with the chief clerk and the State Office of Administrative Hearings. A document is filed with the Board when it is received in the Board office or entered of record in a Board proceeding and is accompanied by the filing fee, if any, required by statute or Board rules. The received date noted on the document shall be considered prima facie evidence of the date of filing. Pleadings received after 5:00 p.m. local time of the Board shall be deemed filed the first day following that is not a Saturday, Sunday or official state holiday. sec.466.31. Board Review of Discovery Orders. Any discovery order or order imposing sanctions issued by the presiding officer is subject to review by an interlocutory appeal to the Board according to the stage of the proceeding. The appeal shall be filed with the Board within five days of the action that is the subject of the appeal. The appeal may be considered by the Board chair within 15 days after filing of the appeal. If the Board chair does not make a ruling on the appeal with 15 days after the filing thereof, then the appeal shall be considered denied and the ruling of the presiding officer shall be considered upheld. sec.466.39. Final Decisions and Orders. (a) The Board may consider the case upon the expiration of ten days after the time for filing of replies to exceptions to the Proposal for Decision. (b) A copy of the decision or order shall be delivered or mailed, certified, return receipt requested to any party and to his or her representative. (c) All final decisions and orders of the Board after consideration of a proposal for decision shall be in writing or stated in the record and signed by the chair or presiding officer. A final order shall include findings of fact and conclusions of law separately stated. (d) As the Board has been created by the legislature to protect the public interest as an independent agency of the executive branch of the government of the State of Texas so as to remain the primary means of licensing and regulating the practice of psychology consistent with federal and state law and to ensure that sound principles of psychology govern the decisions of the Board, it shall hereafter be the policy of the Board to change a finding of fact or conclusion of law or to vacate or modify the proposed order of an administrative law judge when the proposed order is: (1) erroneous; (2) against the weight of evidence; (3) based on unsound principles of psychology; (4) based on an insufficient review of the evidence; (5) not sufficient to protect the public interest; or (6) not sufficient to adequately allow rehabilitation. (e) If the Board modifies, amends or changes the administrative law judge's proposed Order, an order shall be prepared reflecting the Board's changes as stated in the record. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441436 Rebecca E. Forkner Executive Director/Investigation, Compliance and Enforcement Division Manager Texas State Board of Examiners of Psychologists Effective date: June 17, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 835-2036 Chapter 471. Renewals 22 TAC sec.471.1 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.471.1, concerning Notification of Renewal, without changes to the proposed text as published in the April 8, 1994, issue of the Texas Register (19 TexReg 2467). The amendment is necessary to save money for the State, to carry out the mission of the Board in a more cost-effective manner, and to ensure that the Board has notification that notices were received by certificands/licensees. The amendment will save money for the State of Texas and will ensure that the public is receiving psychological services from psychologists who hold current certificates/licenses. No comments were received regarding adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441437 Rebecca E. Forkner Executive Director/Investigation, Compliance and Enforcement Division Manager Texas State Board of Examiners of Psychologists Effective date: June 17, 1994 Proposal publication date: April 8, 1994 For further information, please call: (512) 835-2036 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 98. HIV and STD Control Subchapter C. Texas HIV Medication Program General Provisions 25 TAC sec.98. 103 The Texas Department of Health (department) adopts an amendment to sec.98.103 without changes to the proposed text as published in the November 26, 1993, issue of the Texas Register (18 TexReg 8756). The section implements the provisions of the "Communicable Disease Prevention and Control Act," Health and Safety Code, Subchapter C, sec.85.063, concerning the Texas HIV Medication Program. The program assists hospital districts, local health departments, public or nonprofit hospitals and clinics, nonprofit community organizations, and HIV-infected individuals in the purchase of medications approved by the board that have been shown to be effective in reducing hospitalizations due to HIV-related conditions. Generally, the sections cover eligibility for participation and medication coverage. The amendment allows the program to adjust gross income of applicants by subtracting the Texas Department of Health cost of medication(s) that is (are) prescribed. No comments were received regarding adoption of the rule. The amendment is proposed under the Health and Safety Code, sec.85.063, which provides the Texas Board of Health with the authority to adopt rules concerning a Texas HIV Medication Program; and Health and Safety Code, sec.12. 001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441453 Susan K. Steeg General Counsel Texas Department of Health Effective date: June 20, 1994 Proposal publication date: November 26, 1994 For further information, please call: (512) 458-7236 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 11. Design Freeway Mainlanes 43 TAC sec.11.71 The Texas Department of Transportation adopts an amendment to sec.11.71, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1986). It is necessary to amend sec.11.71 to provide that the sale or disposal of surplus access rights to private interests be carried out in accordance with sec.sec.21.101-21.104 in order to allow the department to accept certain non- monetary contributions toward the cost of construction of a proposed frontage road as consideration for the purchase of surplus access rights adjacent to the frontage road and in order to expedite the construction of department-approved frontage roads. Section 11.71 is amended to provide that the sale or disposal of surplus access rights be carried out in accordance with sec.sec.21.101-21.104 concerning Disposal of Real Estate Interests. This amendment is adopted contemporaneously with the final adoption of new sec.21.104 concerning Substitute Consideration for Disposal of Access Rights. A public hearing was held on March 30, 1994, and no oral or written comments were received. The amendment is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Article 6673a, which provide the commission with the authority to promulgate rules relating to the disposal of real property interests, and Texas Civil Statutes, Article 6674w, et seq, which provide the commission with the authority to operate a modern state highway system with emphasis on the construction of controlled access facilities and to convert, wherever necessary, existing facilities into controlled access facilities to modern standards. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441465 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: June 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 463-8630 Chapter 13. Materials and Tests Division 43 TAC sec.13.2 The Texas Department of Transportation adopts the repeal of sec.13.2, without changes to the proposed text as published in the February 11, 1994, issue of the Texas Register (19 TexReg 1032). Section 13.2 requires the department to test concrete admixtures prior to use on department projects. The repeal of sec.13.2 is necessary because pre-testing of concrete admixtures is no longer necessary due to the adoption of a department standard specification which requires all admixtures to be in compliance with all requirements specified in the American Society for Testing and Materials standards. The repeal of this section eliminates the requirement for department testing prior to use. On February 28, 1994, the department conducted a public hearing on the proposed repeal of the section. No written or oral comments were received concerning the proposed repeal. The repeal is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441469 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: June 16, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 463-8630 Chapter 21. Right of Way Disposal of Real Estate Interests 43 TAC sec.21.104 The Texas Department of Transportation adopts new sec.21.104, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1987). New sec.21.104 will allow the department to accept certain non-monetary contributions toward the cost of construction of a proposed frontage road as consideration for the purchase of surplus access rights to the frontage road, thereby expediting the construction of department-approved frontage roads. This section is adopted on a permanent basis contemporaneously with the final adoption of an amendment to sec.11.71 concerning Control of Access on Freeway Mainlanes. A public hearing was held on March 30, 1994, and no oral or written comments were received. The new section is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Article 6673a, which provide the commission with the authority to promulgate rules relating to the disposal of real property interests, and Texas Civil Statutes, Article 6674w, et seq, which provide the commission with the authority to operate a modern state highway system with emphasis on the construction of controlled access facilities and to convert, wherever necessary, existing facilities into controlled access facilities to modern standards. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441466 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: June 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 463-8630 Control of Outdoor Advertising Signs 43 TAC sec.21.150 The Texas Department of Transportation adopts an amendment to sec.21.150, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1988). The department currently has rules for permitting outdoor advertising signs, codified at 43 TAC sec.sec.21.149-21.160, which provide that a permit issued under those sections is valid for a period of one year, provided the sign is erected and maintained in accordance with the rules. Under the existing rules, it is possible to obtain a permit and never erect the sign, thereby indefinitely prohibiting others from erecting signs. In order for the department to effectively control the erection and location of signs authorized under the Texas Litter Abatement Act, Texas Civil Statutes, Article 4477-9a, it is necessary to amend this section. The amendment to sec.21.150(c)(1) requires that the permitted sign be erected within one year from the issuance of the permit. A public hearing was held on March 30, 1994, and no oral or written comments were received. The amendment is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Article 4477-9a, which provide the commission with the authority to adopt rules to regulate the orderly and effective display of outdoor advertising signs on the interstate or primary system. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441467 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: June 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 463-8630 Control of Signs Along Rural Roads 43 TAC sec.21.441 The Texas Department of Transportation adopts an amendment to sec.21.441, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1988). The department currently has rules for permitting off-premise signs along rural roads, codified at 43 TAC sec.sec.21.441-21.572, which provide that a permit issued under those sections is valid for a period of one year, provided the sign is erected and maintained in accordance with the rules. Under the existing rules, it is possible to obtain a permit and never erect the sign, thereby indefinitely prohibiting others from erecting signs. In order for the department to effectively control the erection and location of signs authorized under the Rural Road Sign Law, Texas Civil Statutes, Article 6674v-3, it is necessary to amend this section. The amendment to sec.21.441(c)(1) requires that the permitted sign be erected within one year from the issuance of the permit. A public hearing was held on March 30, 1994, and no oral or written comments were received. The amendment is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Article 6674v-3, which provide the commission with the authority to adopt rules to regulate the orderly and effective display of outdoor advertising signs on rural roads. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 26, 1994. TRD-9441468 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: June 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 463-8630