EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter H. Approval of Off-Campus and Out-of-District Instruction for Public Colleges and Universities 19 TAC sec.sec.5.151-5.155, 5.157, 5.158 The Texas Higher Education Coordinating Board adopts the emergency repeal of sec.sec.5.151-5.155, 5.157, and 5.158, concerning Approval of Off-Campus and Out-of-District Instruction for Public Colleges and Universities. A requirement of state law requires adoption of this rule on an emergency basis. The rules are proposed under Texas Education Code, sec.61.051 and sec.130.086. sec.5.151. General Provisions. sec.5.152. Criteria and Procedures for the Consideration of Upper Level and Graduate Off-Campus Courses. sec.5.153. Criteria for Consideration of Out-of-District Course Offerings by Community Junior Colleges. sec.5.154. Criteria and Procedures for Considering Lower-Division Courses Proposed Off-Campus by Senior Institutions and Out-of-District by Community and Technical Colleges. sec.5.155. Coordination of Adult and Continuing Education Activities. sec.5.157. Approval of Out-of-State Classes. sec.5.158. Approval of Degree Programs on Military Bases. Issued in Austin, Texas, on November 15, 1995. TRD-9514911 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: November 16, 1995 Expiration date: March 15, 1996 For further information, please call: (512) 483-6160 H. Approval of Distance Learning for Public Colleges and Universities 19 TAC sec.sec.5.151-5.159 The Texas Higher Education Coordinating Board adopts emergency new sec.sec.5. 151-5.159 concerning Approval of Distance Learning for Public Colleges and Universities. A requirement of state law requires adoption of this rule on an emergency basis . The rules are proposed under Texas Education Code, sec.61.051 and sec.130.086. sec.5.151. Terminology. (a) "Distance Learning" refers to instruction delivered by any means to any single or multiple location(s) (1) other than the "main campus" of a senior institution (or "on campus"), where the primary office of the chief executive officer of the campus is located; (2) outside the boundaries of the taxing authority of a community/junior college district; or (3) via instructional telecommunications to any other distance location. For the purposes of this subchapter, health science centers and health-related institutions shall be regarded as senior institutions. (b) The term "Instructional Telecommunications" (IT) refers to distance learning instruction delivered primarily by telecommunications technology. Delivery systems may include but are not limited to one or more of the following: interactive video, open-channel television, cable television, closed- circuit television, low-power television, communication and/or direct broadcast satellite, satellite master antenna system, microwave, video tape, video disc, computer software, computer networks, and telephone lines. (c) A "Reception Site" is any location that receives instruction via instructional telecommunications. This may include campuses, health agencies, business and industrial sites, public schools, homes, or any other locations where students may receive instruction. (d) The term "Program" refers to any certificate or degree program. A program is understood to be "offered via distance learning" if a student may complete the program without taking any courses on the main campus of the senior institution or without physically attending classes within the boundaries of the taxing authority of the community/junior college district. (e) An "Auxiliary Location" is a site or facility owned by an institution or recognized by the Coordinating Board as qualifying for special treatment under the provisions of this subchapter (see sec.5.155(b)-(c) of this title (relating to Annual Plan for Distance Learning)). (f) A "Regional Council" is a cooperative arrangement among representatives of all public and independent higher education institutions within a State Uniform Service Region. (See sec.5.156 of this title (relating to Procedures for Review and Approval of Lower-Division Distance Learning)). (g) An "Annual Plan" is a listing by location of distance learning courses and programs planned to be taught during an academic year by an institution. (See sec.5.155) sec.5.152. General Provisions. (a) The provisions of this subchapter are in accordance with Texas Education Code 61.051 and 130.086, and apply to all distance learning instruction provided live or via telecommunication technology for academic credit by a public community/junior college outside of the boundaries of its taxing authority, or by a technical college, university, or health-related institution at a site other than the main campus. The subchapter also applies to instruction offered at out-of-state or foreign locations. (b) A class offered both on-campus and through distance learning instruction is subject to the reporting provisions of this subchapter if any student receives more than one-half of the instruction via distance learning delivery systems. (c) Each course offered under the provisions of this subchapter must be reported annually in accordance with the Board's uniform reporting system. State-funded distance learning instruction which is not reported by location will be disallowed for funding. (d) No degree or certificate program may be offered via distance learning instruction without prior approval of the Board. In addition, institutions may not offer through distance learning instruction at any site an array of courses that would constitute a degree or certificate program without prior approval by the Board to offer a full program at that site. Courses offered in violation of this provision will be disallowed for formula funding. (e) No master's degree program may be offered via distance learning instruction without express prior notification to the Southern Association of Colleges and Schools. No distance learning doctoral degree programs will be authorized except through the approval of joint or cooperative degree programs. (f) As directed by statute, the Board retains final authority for the offering of classes, courses, programs, and degrees, and may take whatever action it deems appropriate to comply with the Texas Education Code. sec.5.153. Standards and Criteria for Distance Learning. (a) Distance learning instruction offered by any live or telecommunications delivery system must be comparable to on-campus instruction. It must meet all of the quality standards which an institution requires of similar instruction offered on-campus to regularly enrolled students. (b) A distance learning course which offers either regular college credit or Continuing Education Units must do so in accordance with the standards of the Commission on Colleges of the Southern Association of Colleges and Schools. (c) Students enrolled in distance learning must satisfy the same requirements for admission to the institution, to the program of which the course is a part, and to the class/section itself, as are required of on-campus students. (d) Faculty providing distance learning instruction must be selected and evaluated by the same standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for on-campus instruction. Institutions must provide training and support to enhance the added skills required of faculty teaching classes via instructional telecommunications. (e) The instructor of record must participate in the delivery of instruction and evaluation of student progress. (f) Providers of graduate-level distance learning instruction must be approved by the graduate faculty of the institution. (g) All distance learning instruction must be administered under the authority of the same office or person administering the corresponding on-campus instruction. The supervision, monitoring, and evaluation processes for instructors must be comparable to those for on-campus instruction. (h) Students must be provided academic support services -including academic advising, counseling, library and other learning resources, tutoring services, and financial aid-that are comparable to those available for on-campus students. (i) Facilities for distance learning instruction (other than homes as instructional telecommunications reception sites) must be adequate for the purpose of delivering instruction which is comparable in quality to on-campus instruction. sec.5.154. Institutional Plan for Instructional Telecommunications. (a) Each institution seeking first-time authority to offer distance learning instruction via telecommunications technology must submit an "Institutional Plan for Instructional Telecommunications" for review by the Coordinating Board's Advisory Committee on Instructional Telecommunications and approval by the Board before offering such instruction, except as noted in sec.5.154(c) of this section. The plan must include the following: (1) Institutional policies reflecting a commitment to maintain quality in accordance with the provisions of this subchapter. (2) A description of institutional arrangements for the operation of instructional telecommunications, including identification of courses to be offered and the location(s) of proposed distance learning instruction. (b) After an initial Institutional Plan for Instructional Telecommunications has been approved by the Board, an institution must receive additional Board approval to expand beyond the approved plan. (c) The Commissioner may authorize under experimental authority a one-time offering of a limited number of classes via instructional telecommunications prior to Board approval of an Institutional Plan for Instructional Telecommunications. sec.5.155. Annual Plan for Distance Learning. (a) Unless specifically exempted by the Board, all state-funded distance learning instruction must be submitted for annual review by appropriate Regional Councils or peer institutions as provided in this subchapter. The procedure will utilize an Annual Plan for Distance Learning ("Annual Plan") for each requesting institution (See sec.5.156 of this title (relating to Procedures for Review and Approval of Lower-Division Distance Learning)). (b) The Board may exempt from annual review courses offered by one public institution on the campus of another public institution, courses taught on military bases or in correctional institutions, student teaching, internships, clinical instruction, practica, cooperative education work stations, field courses (when limited to campus-based students), and other specialized types of distance instruction. Exemption may also be given for distance learning instruction at a designated Auxiliary Location. Instruction offered under all such exemptions, however, must still be reported in accordance with the Board's uniform reporting system and will be subject to monitoring for quality. (c) If distance learning instruction is provided regularly in an approved cooperative degree program, in a correctional institution, on a military base, or at other sites where an institution needs to utilize resources not normally available on its main campus, the site where the instruction is received may be recognized as an Auxiliary Location by the Board. Auxiliary locations are recognized as having a specific, defined academic mission; expansion beyond the authorized mission requires prior approval of the Board. (d) The Commissioner may approve, as amendments to an institution's Annual Plan, courses submitted not later than two weeks after the beginning of any semester or summer session. The Commissioner shall not approve additional courses in excess of 20% of the number of courses previously approved as part of the Annual Plan for the requesting institution, or ten courses, whichever is greater. Such courses must first be submitted for consideration by public and independent institutions in the appropriate Regional Council(s). sec.5.156. Procedures for Review and Approval of Lower-Division Distance Learning. (a) Each institution must submit for review by all affected Regional Councils an Annual Plan which lists by location all proposed lower-division distance learning instruction. Requests for new locations and/or substantially different classes or programs at previously approved locations must be submitted on application forms provided by the Commissioner for that purpose. (b) Proposed lower-division distance learning instruction must be reviewed by the Regional Council of the Uniform Service Region containing each proposed site for the receiving of instruction in accordance with the provisions of this subchapter. (c) The Coordinating Board recognizes Regional Councils in each of the ten state Uniform Service Regions. The presidents -or designated representatives-of each public and independent institution of higher education with its main campus in the Region comprise the Council membership. A Council Chair shall be elected by the members, with term of service to be determined by the respective Council. (d) Each Regional Council has the following responsibilities: (1) Develop and file with the Universities and Community and Technical College Divisions of the Coordinating Board its procedures and guidelines for reviewing Annual Plans for proposed lower-division distance learning classes, programs, and locations in the Region. (2) Facilitate inter-institutional cooperation in the conduct of distance learning instruction, assure that each institution in the Region has notification in advance of all lower-division classes, programs, and locations proposed to be offered in the Region by any other institution, and provide each institution in the Region full opportunity to review and comment on the plans of other institutions. (3) Make recommendations to the Commissioner regarding Annual Plans for Distance Learning proposed to be offered within its Uniform Service Region in accordance with the consensus views of Council members. (4) Advise the Commissioner on appropriate policies and procedures for effective state-level administration of lower-division distance learning. (5) Encourage excellence in the conduct of lower-division distance learning instruction. (6) Study cooperatively the various methods of providing lower-division distance learning instruction, and promote the use of those methods which support quality and promise the most effective and efficient use of state resources. (e) Procedures for submitting applications to the Board for authorization to offer lower-division distance learning classes are as follows: (1) Each Regional Council must meet at least annually in the spring semester to receive and review each institution's Annual Plan for lower-division distance learning instruction proposed within the Region for the following academic year. Distance learning instruction proposed at any other time of the year may be reviewed by Council members by other means. (2) Distance learning instruction proposed by an institution must be reviewed by the Regional Council and forwarded to the Coordinating Board by a deadline set by the Commissioner, together with the Council's recommendations for approval or disapproval. (3) If proposed classes could affect an institution which is a member of another Regional Council, the Annual Plan must also be sent to that institution and to the Council to which it belongs. The full membership of that Council must review the proposal and return a recommendation to the originating Council. This recommendation and that of the originating Council must both be sent to the Commissioner. (4) Distance learning instruction proposed to be offered on a statewide basis must be separately identified. (5) Recommendations of the Regional Councils must be submitted in a time frame determined by the Commissioner to permit annual consideration by the Board at its April meeting. (6) The Commissioner will consider the recommendations of Regional Councils as well as any dissenting report filed by an institution. Subject to the following section, the Commissioner has the authority to approve or disapprove courses and Annual Plans, and to resolve disputes between or among institutions which cannot be resolved by the Councils. The Commissioner will report to all affected institutions on approvals and disapprovals of classes proposed under each Annual Plan at least two weeks before the scheduled April Board meeting, at which time the Board may hear appeals to approvals and disapprovals made by the Commissioner. (f) During the passage of the year it may be necessary for an institution to request approval of lower-division distance learning activities not submitted as part of its Annual Plan. Such proposed amendments to an Annual Plan must be submitted to affected Regional Councils prior to the teaching of any additional classes. Each Council Chair will forward recommendations to the Commissioner regarding the appropriateness of such instruction. Amendments shall be considered by the Commissioner in accordance with sec.5.155(d) of this title (relating to Annual Plan for Distance Learning). sec.5.157. Procedures for Review and Approval of Upper-Level and Graduate Distance Learning. (a) Each January the Commissioner will initiate an exchange of information among all public and independent senior institutions, whether they propose to offer distance learning instruction for the following academic year or not. The exchange will be used to develop long-range plans for meeting state and regional needs, achieving institutional cooperation, and eliminating unnecessary duplication of offerings. Institutions must notify all other potentially affected institutions of their Annual Plans for the next academic year within the time frame prescribed by the Commissioner, and must seek to eliminate any conflicts or duplication. (b) Institutions must submit their official requests for approval by the Commissioner of distance instruction classes on forms provided by the Commissioner. (c) The Commissioner has the authority to resolve disputes between or among institutions, and has the authority to approve or disapprove courses and Annual Plans subject to the following section. (d) The Commissioner will report to all affected institutions on approvals and disapprovals of distance learning activities proposed under each Annual Plan at least two weeks before the scheduled July Board meeting, at which time the Board may hear appeals to approvals and disapprovals made by the Commissioner. (e) During the passage of the year it may be necessary for an institution to request approval of courses not submitted as part of its annual plan. The Commissioner shall consider such requests in accordance with sec.5. 155(d) of this subchapter if they are accompanied by documentation of discussions with other public and independent institutions in the affected Uniform Service Region concerning the proposed classes. sec.5.158. Approval of State-Funded Out-of-State and Foreign Courses. (a) State-funded out-of-state and foreign courses offered by Texas public institutions of higher education or by an approved consortium composed of Texas public institutions must have prior approval by the Commissioner in order for the semester credit hours or contact hours to be used for formula reimbursement. The following procedures shall apply: (1) An institution or consortium must submit to the Commissioner an application for state funding which demonstrates that the course meets the criteria set forth in subsection (b) of this section. (2) The Commissioner or designee will review applications in accordance with the standards and criteria outlined in this subchapter, and will notify the requesting institution of approval or denial of course applications, including a written explanation for any denials. (3) A course that has been previously approved to be offered at an out-of- state or foreign location may be re-approved on the basis of institutional certification that the course is the same as that previously approved. (b) State-funded out-of-state and foreign courses are subject to the following standards and criteria: (1) All students enrolled must meet all institutional standards for admission and must be actually admitted to the institution or one of the participating institutions in an approved consortium. All students enrolled must pay the appropriate tuition and fees for their residency category for the total number of credit hours earned. Financial aid must be available to students registering in foreign classes on the same basis as it would be for such students seeking financial aid for on-campus instruction. Additional financial aid may be furnished by the institution as appropriate. (2) Instruction must be provided by faculty of the institution or one of the consortium institutions and be supervised and evaluated according to appropriate institutional policies. Exceptions may be made by the Commissioner to take advantage of uniquely qualified instructors at an out-of-state or foreign location if the institution provides for individual justification and approval by the appropriate faculty or institutional officials. (3) Individual courses must meet the following standards and criteria: (A) Each course must be on the approved course inventory of the main campus of the institution or a consortium institution, must be a part of an approved degree or certificate program, and must be justified in terms of academic, cultural, or other resources available at the specific location(s). (B) Instruction must conform to all relevant academic policies of the institution. All classes must conform to the institution's workload and enrollment requirements, contact hour/credit ratio, and similar matters. (C) Courses may not offer credit for activities undertaken primarily for travel, recreation, or pleasure. (D) Minimum class enrollments must conform to the same standards applicable were the class to be offered on-campus. (4) Multi-course offerings must meet the following standards and criteria: (A) A group of courses taught by an individual faculty member and offered in the same time period and in the same out-of-state or foreign location may be considered as an aggregate for approval purposes. (B) Some courses may be approved within an aggregate request without satisfying paragraph 3(A) of this subsection; however, the Commissioner may approve a multi-course aggregate only if at least one-half of the classes (making up at least one-half of the combined credit hours) comply with paragraph 3(A) of this subsection. All other criteria in this subsection must be fully met by all courses that make up a multi-course aggregate. (5) Advertising or marketing for out-of-state and foreign classes should emphasize the instructional nature of the classes, and may not emphasize or create the impression that the classes are primarily credit-for-travel experiences. (6) Faculty and staff may not realize unusual perquisites or unusual financial gain for teaching out-of-state or foreign classes. (7) Except for funds specifically appropriated for international activities (e.g. state incentive programs, scholarships, etc.), state funds may not be used for faculty or student travel, meals and lodging, or other incidental expenses associated with out-of-state or foreign instruction. (8) Any free tickets for travel, accommodations, or other expenses provided by travel agents, carriers, or hotels must be used in direct support of the instructional program and may not be made as gifts to faculty or staff members or their families. (9) No state funding will be provided for courses or credits delivered by Instructional Telecommunications (see s5.151(b) of this title (relating to Terminology)) to reception sites outside state boundaries. sec.5.159. Non-State-Funded Out-of-State and Foreign Classes. (a) Out-of-state and foreign courses offered by public universities and health related institutions, for which no state funds are expended, may be taught without prior approval of the Board. However, prior Board approval is required for full degree programs offered under these circumstances. Institutions are expected to ensure that all such instruction meets the quality standards expected of Texas higher education institutions. (b) Community and technical colleges proposing to offer out-of-state or foreign courses for which no state funds are expended are subject to the provisions of Chapter 9, Subchapter L of these rules and regulations. Issued in Austin, Texas, on November 15, 1995. TRD-9514909 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: November 16, 1995 Expiration date: March 15, 1996 For further information, please call: (512) 483-6160 Subchapter J. Instructional Telecommunications 19 TAC sec.sec.5.191-5.195 The Texas Higher Education Coordinating Board proposes the emergency repeal of sec.sec.5.191-5.195 concerning Instructional Telecommunications. A requirement of state law requires adoption of this rule on an emergency basis for the reason that program implementation must begin in January 1996. The repeal of the rules is proposed under Texas Education Code, sec.61.051 and sec.130.086. sec.5.191. Scope and Purpose. sec.5.192. Exemptions. sec.5.193. Institutional Plan. sec.5.194. Standards and Conditions. sec.5.195. Statewide Review. Issued in Austin, Texas, on November 15, 1995. TRD-9514913 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: November 16, 1995 Expiration date: March 15, 1996 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter HH. Exemption Program For Texas National Guard/ROTC Students 19 TAC sec.sec.21.1052-21.1069 The Texas Higher Education Coordinating Board adopts on an emergency basis sec.sec.21.1052-21.1069 concerning tuition exemptions for Texas National Guard/ROTC students. A requirement of state law requires adoption of this rule on an emergency basis for the reason that program implementation must begin in January 1996. The new sections to the rules are proposed under Texas Education sec.54.212. sec.21.1052. Purpose. The purpose of the program is to provide the state additional well-trained commissioned officers for the Texas National Guard. sec.21.1053. Administration.
    The Texas Higher Education Coordinating Board shall administer funds appropriated to reimburse institutions for the exemptions and shall assist in the administration of the program. sec.21.1054. Delegation of Powers and Duties. The board delegates to the Commissioner of Higher Education the powers, duties and functions authorized by Subchapter D, Chapter 54, of the Texas Education Code as provided in this subchapter. sec.21.1055. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Adjutant General -The Adjutant General's Office of the Texas National Guard. Board-The Texas Higher Education Coordinating Board. Commissioner-The commissioner of higher education, the chief executive officer of the board. Financial need -The cost of attendance at an eligible institution less the expected family contribution and any gift aid for which the student is eligible. The cost of attendance and family contribution are to be determined in accordance with board guidelines. The cost of attendance includes tuition, fees, books and supplies and living expenses. Full-time Student -An individual enrolled for the equivalent of at least 12 semester credit hours each semester, including military science courses. Minority-A student whose ethnic or racial group is Black (Non-Hispanic), Hispanic, American Indian or Alaskan Native, or Asian or Pacific Islander. Program Officer -The Texas National Guard/ROTC Exemption Program Officer designated by an eligible institution to represent the board for the program on that campus. Resident-A bona fide resident of the State of Texas as determined by the board. Nonresident students eligible to pay resident tuition rates are excluded from this program. Room and Board Exemption-An exemption from the payment of an eligible institution's fees and charges for lodging and board as described in sec.21.1062(b) of this title (relating to Award Amounts). ROTC Institution -An institution of higher education, as defined by the Texas Education Code, sec.61.003 that maintains a Reserve Officers' Training Corps (ROTC). Tuition and Fee Exemption-An exemption from the payment of all of an eligible institution's dues, fees, and enrollment charges, including correspondence courses, general property deposit fees, and student services fees. This does not include fees or charges for clothing, books or supplies. sec.21.1056. Agreement with Adjutant General's Office. The board shall enter into an agreement with the Adjutant General's Office regarding the two agencies' relative responsibilities for the exemption program. The agreement shall include provisions regarding: (1) the appointment of Texas National Guardsmen to the institutions' selection committees; (2) dissemination of program information through the use of National Guard recruiting offices; (3) the collection of payments made by students failing to complete the contractual obligations of the program; and (4) projected staffing requirements for the Texas National Guard. sec.21.1057. Selection Committee. (a) Membership. Each eligible institution shall create a three-member selection committee. Members of the committee are to be nominated by the institution's Chief Executive Officer. Final members shall be designated by the commissioner. Each committee is to include a military science faculty member and a commissioned officer of the Texas National Guard appointed by the adjutant general. (b) Duties. The selection committee shall: (1) review applications and conduct interviews of students who have applied for the exemption and determine which students qualify to receive the exemption, taking the following criteria into consideration: (A) individual qualifications, with emphasis on the leadership, communication, and organizational abilities and skills required of commissioned officers; (B) the financial need of the applicant; (C) the state's ethnic, racial and gender diversity; and (D) projected staffing requirements for the Texas National Guard. (2) determine whether an extension of the two-year lodging and board exemption or four-year tuition and fee exemption should be granted for periods of active military duty required of the student, and (3) determine whether an exemption recipient who loses his/her exempt status may serve the remainder of his/her contractual obligation as an enlisted member of the Texas National Guard, subject to being accepted into and maintaining membership in the Texas National Guard in the same manner as any other person. sec.21.1058. Eligible Institution. (a) An eligible institution is a public institution of higher education as defined in the Texas Education Code, sec.61.003, which maintains a Reserve Officers' Training Corps (ROTC). (b) The chief executive officer of an eligible institution shall designate a Texas National Guard/ROTC Exemption Program Officer. Unless otherwise specified by the chief executive officer of the institution, the Professor of Military Science of the institution shall be the board's on-campus agent to certify all institutional activities with respect to this program. sec.21.1059. Eligible Student.
      An eligible student is an undergraduate student who meets the following requirements: (1) is admitted to the institution's Reserve Officers' Training Corps program or is a participant in such a program; if the student is attending another public institution of higher education which provides for cross enrollment in the ROTC institution's ROTC program, the student may be considered for selection. (2) becomes a member of the Texas Army National Guard or the Texas Air National Guard and maintains satisfactory performance as prescribed by the adjutant general's department as a member in good standing during the term of the student's contractual obligation; (3) possesses and maintains from the date of enrollment through completion of the degree program the academic and personal conduct standards established by each ROTC institution; (4) maintains full-time enrollment status; (5) enters into a contract with the State of Texas to accept a commission in the Texas National Guard as a second lieutenant on graduation from the ROTC institution and serve no less than four years as a commissioned officer; (6) passes the physical examination requirements required for becoming a commissioned officer in the Texas National Guard. sec.21.1060. Dissemination of Information. The board shall provide for the distribution of information about the program to eligible institutions and coordinate activities with the adjutant general's office in the distribution of information to high schools. sec.21.1061. Sources of Funding. Expenditures in the program shall not exceed the amount appropriated by the State of Texas for that purpose. sec.21.1062. Award Amounts. (a) Tuition and fee exemption amounts. Selected recipients may receive an exemption for the amount of their actual tuition and fee charges at their institution for up to four years while enrolled as undergraduates. If the student's program of study extends to a fifth year, the exemption will not be extended to that additional year. (b) Room and board exemption amounts. Selected recipients may receive an exemption for an amount equal to their actual dormitory room and board expenses for their first two years at the institution. If the student is not living in campus housing, but the institution does have such housing, the amount to be awarded as a room and board exemption is the average charged for a student in that institution's campus housing. If the institution does not have campus housing, the exemption may equal the average room and board allowance reported to the board by public universities for that year for students who are receiving some type of financial assistance. (c) Exemptions and reimbursements to students. If student selection is completed prior to the payment of tuition and fees or room and board for a particular term, the institution is to exempt the selected students from the payment of the appropriate charges. If selection is completed after the payment of such charges, the institutions shall reimburse students for the appropriate amounts as indicated in subsections (a) and (b) of this section. (d) Reimbursements for institutions. Each term, after selected students have enrolled at their institutions, the institutions may send the board, on a form provided by the board, a request for reimbursement for the exempted charges. The board, as soon as possible, will issue checks to the institutions for the indicated amounts. sec.21.1063. Allocation of Exemptions Among Institutions. The maximum number of exemptions which can be awarded statewide each year is 150. Each ROTC institution shall be allocated at least two exempt students each academic year. The maximum number of exempt students for each ROTC institution will be determined by the percentage of the institution's Army and Air Force Reserve Officers' Training Corps enrollment in relation to statewide Army and Air Force Reserve Officers' Training Reserve Officers' Training Corps enrollment. Percentages shall be calculated during the fall semester of every odd-numbered year. Institutions will have until October 15 of each year to inform the board of their selection of exemption recipients. If they fail to have their full allotment awarded as of that date, the board will reallocate the unused slots to other eligible institutions which have used their full allotments. sec.21.1064. Partial Awards.
        An institution's selection committee may re- award the unused portion of an exemption left when an exemption recipient drops out of the program. However, the student selected to fill the unfinished exemption must meet the following criteria: (1) must have originally applied for an exemption in the same year as the student who dropped out of the program applied; i.e., was an alternate for that year. (2) meet the eligible student requirements as outlined in sec.21.1059 of this title (relating to Eligible Student). (3) agree to meet the same contractual obligations as students receiving the exemptions as entering freshmen; i.e., four years' service as a commissioned officer in the Texas National Guard, or full repayment of the value of the exemptions extended, plus interest, if he/she fails to complete the requirements of the contract. sec.21.1065. The Application Process. (a) To apply for an exemption, the student must complete the full application packet for the Texas National Guard/ROTC Exemption Program and submit it to the program officer at the ROTC institution he/she plans to attend. (b) The selection committee at the institution will review all applications and rank applicants according to a set of criteria developed by the board and the adjutant general's office. (c) Top candidates will be asked to sit for at least one interview, to be conducted using a set of questions developed by the board and the adjutant general's office. (d) Candidates who do well on the interview will be required to take the physical examination required for commissioning officers. (e) The selection committee will finalize its decisions and notify the board of its selections by no later than October 15. sec.21.1066. The Texas National Guard/ROTC Exemption Program Contract. Each participating student must enter into a contract with the State of Texas. In the contract, (1) the student must agree to: (A) be admitted to his/her institution's Reserve Officers' Training Corps program or be a participant in such a program. (B) become a member of the Texas Army National Guard or the Texas Air National Guard and maintain satisfactory performance as prescribed by the adjutant general's department as a member in good standing during the term of the my contractual obligation. (C) maintain from the date of first exemption under this program through completion of his/her degree, the academic and personal conduct standards established by the institution. (D) maintain full-time enrollment or to immediately notify the commanding officer of his/her ROTC unit should he or she drop below the required level of enrollment. (E) immediately upon graduation from the ROTC institution, accept a commission in the Texas National Guard as a second lieutenant and serve no less than four years as a commissioned officer. (F) repay to the state the amount of tuition, fees and other charges for which he/she received an exemption and which he/she has not yet repaid through service, plus interest as determined by the board, should the student fail to maintain exempt status or fail to accept a commission in the Texas National Guard, or otherwise fail to meet the obligations of the contract, (G) understand that under circumstances requiring repayment, the full amount of his/her obligation is to be repaid by no later than the fifth anniversary of the date of the circumstances which required him/her to make repayment. (2) the institution must agree to: (A) provide the students selected for exemptions through this program a statement of the adjutant general's criteria for maintaining satisfactory performance as a member in good standing during the term of the student's contractual obligation, (B) provide the students selected for exemptions through this program a statement of the institution's required academic and personal conduct standards, (C) award exemptions for the actual tuition and fees paid by the selected student at this institution for up to four years while the student meets the program's requirements. Should the student be called into active military service during his/her enrollment at this institution, the four year time frame may be extended at the institution's selection committee's discretion. (D) award exemptions for room and board as indicated in sec.21.1062(b) of these rules to eligible students enrolled in their first two years at the ROTC institution. sec.21.1067. Noncompliance. If the student fails to fulfill any obligation outlined in the exemption program contract, he or she shall be in noncompliance with the contract and will be required to repay any remaining portion of the his/her contractual obligation to the state. Such repayment requirements will be outlined in the promissory note signed by the student upon receipt of an exemption under this program. sec.21.1068. Reporting Requirements. (a) In the fall of each odd-numbered year, each ROTC institution is required to provide the board enrollment statistics for its ROTC program. (b) By October 15 of each year, the institution is to notify the board of its selections. If selections have not been made by this date, the unused exemptions will be reallocated by the board to other eligible institutions. sec.21.1069. Program Reviews.
          Any institution whose students receive exemptions through this program will be subject to an annual program review. Issued in Austin, Texas, on November 15, 1995. TRD-9514915 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: November 16, 1995 Expiration date: March 15, 1996 For further information, please call: (512) 483-6160