TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 5. PROGRAM DEVELOPMENT

Subchapter M DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC UNIVERSITIES

19 TAC §§5.260 - 5.263

The Texas Higher Education Coordinating Board adopts new §§5.260 - 5.263 concerning Dual Credit Partnerships Between Secondary Schools and Texas Public Universities. Sections 5.260 - 5.262 are adopted with changes to the proposed text as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1238). Section 5.263 is being adopted without changes and will not be republished.

The rules identify university responsibilities for dual credit arrangements in which a high school student enrolls in a university course and receives simultaneous academic credit for the course from both the university and the high school.

Comments were received regarding the proposed new rules.

Comment: Midwestern State University, Tarleton State University, Texas A&M University- College Station, Texas A&M University-Kingsville, Texas Southmost College, and Texas Woman's University supported the rules as written.

Response: The staff appreciates the institutions' interest in dual credit partnerships.

Comment: Stephen F. Austin University (SFASU) asked for clarification on whether student eligibility requirements identified in §5.262(b)(1) and §5.262(b)(3) were minimum requirements. SFASU questioned if institutions could impose more restrictive requirements if they desired.

Response: Language has been changed in both sections to clarify that institutions can be more restrictive for these eligibility requirements.

Comment: SFASU also raised the issue of whether it is the university's responsibility to distinguish between a high school student taking a course on the SFASU campus who gets college credit only and a student taking a course on campus who also gets high school credit for the same course. SFASU further asked if the institution needs to establish articulation (partnership) agreements with school districts for students who are getting simultaneous high school credit.

Response: The rules specify that dual credit refers not only to courses taught on the high school campus but to courses taken by high school students on the university campus who receive both high school and college credit. Therefore, it is the responsibility of the university to identify such students, report the semester credit hours of dual credit for these students, and to have an articulation agreement for such students. The staff does not wish to place undue burden on the universities; however, such documentation is necessary because of funding issues relating to possible duplication of state funding and compliance issues relating to student eligibility, academic policies and student support services. Language has been added to §5.260 to clarify which sections of the rules apply when high school students take dual credit courses on the university campus. Language has been added to §5.261(1) to clarify that institutional dual credit agreements can be approved by "designated authorities" of both the public school districts and universities.

Comment: Prairie View A&M University (PVAMU) commented that academic departments of the universities should agree to the dual credit arrangements.

Response: Governing boards of their designees approve dual credit agreements. However, institutions have the flexibility to determine how dual credit issues are considered prior to this final approval. Therefore, no change was made to the rules as a result of this comment.

Comment: PVAMU also commented that dual credit courses should be limited to general education courses and electives and not major or minor courses.

Response: The staff recognizes that most dual credit courses will (and should) draw from the general education curriculum of the university. However, the staff does not wish to preclude instances, however infrequent, in which other courses might be appropriate for some students/institutions; discretion should rest with the institutions. Therefore, no changes were made to the rules for this issue.

Comment: PVAMU further noted that some professional schools do not recognize courses taken by students still in high school.

Response: This is a very legitimate concern, and the staff is also aware of reported instances in which some universities outside the state will not accept credit for dual credit courses taught at the high school. However, this issue cannot be addressed in these rules.

Comment: Odessa College commented on the rules as they relate to the Board's distance education regulations. The institution pointed out that universities can offer televised instruction to other parts of the state without prior approval from the Regional Council; thus, a university could offer an electronically delivered dual credit course in a community college service area without a means of redress by the community college.

Response: The staff feels this comment speaks more to distance education regulations than rules for dual credit. Further, the staff does not believe a strong rationale exists for making dual credit courses an "exception" to the general distance education policies. Therefore, no changes were made as a result of this comment.

Comment: The University of Texas at Brownsville asked for clarification on the meaning of students with "demonstrated outstanding academic performance and capability" who can take more than two dual credit courses with permission from the high school principal and the chief academic officer of the university.

Response: Traditional measures such as SAT/ACT scores and grade-point averages are often considered in evaluating students for these circumstances. However, the staff feels the institutions are best positioned to make these judgments. Therefore, no changes were made as a result of this comment.

Comment: The University of Texas at Brownsville also expressed concerns about dual credit courses as they relate to the Board's distance education regulations.

Response: Again, this comment speaks more to distance education regulations than rules for dual credit. Therefore, no changes were made as a result of this comment.

Comment: Kilgore College pointed out that these partnerships are referred to as "dual credit" by universities and "concurrent credit" by community colleges. The institution indicated that both universities and community colleges should use the same term dual credit.

Response: The staff would prefer to use one term for these partnerships. However, surveys indicated that most Texas community colleges use the term "concurrent credit" while most universities prefer the term "dual credit." Hence, the staff elected to honor the respective preferences of most community colleges and universities.

Comment: Dallas County Community College District (DCCCD) commented that the rules would, in general, place community colleges and universities in competitive and duplicative roles. In particular, the institution predicts that the universities in the Metro area would unnecessarily compete among each other and with DCCCD for students who have been traditionally well-served by DCCCD. The institution suggests that the proposed rules apply only in communities that are not being served by community colleges with concurrent (dual) credit classes. As another alternative, DCCCD suggests that community colleges could perhaps have the "right of first refusal" to offer dual credit classes.

Response: The staff recognizes that primarily community colleges have previously established dual credit agreements with high schools and that students have been well-served by the community colleges. However, in recent years, several Texas universities have also offered dual credit courses for high school students, and there is no Texas statute that precludes universities from participating in dual credit agreements. Hence, the staff felt it was necessary to develop rules for universities, so that consistent dual credit regulations would apply to both junior and senior institutions. The staff also notes that a university must report to the appropriate Regional council on any plans to offer a dual credit course taught on a high school campus. Thus, potentially affected community colleges have a venue for raising objections. The staff presumes that since high school students have been well-served by concurrent credit arrangements with community colleges, then the high school districts will continue with such arrangements. However, universities also can serve this population and provide additional opportunities for capable students. Therefore, no changes were made as a result of this comment.

The new rules are adopted under Texas Education Code, §61.027 and §61.076, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Dual Credit Partnerships Between Secondary Schools and Texas Public Universities.

§5.260. Purpose.

(a)

In accordance with, and under the authority of Texas Education Code, §61.027 and §61.076, this subchapter provides rules and regulations for public universities which engage in dual credit arrangements with secondary schools.

(b)

Dual credit is a process by which a high school student enrolls in a college or university course and receives simultaneous academic credit for the course from both the college and the high school. While dual credit courses are often taught on the secondary school campus to high school students only, applicable sections of these rules (§§5.261(a), 5.262(a), (b), (g), (h), (i), and 5.263) also apply when a high school student takes a course on the university campus and receives both high school and college credit. (Note that dual credit rules for community/technical colleges are in Chapter 9, Subchapter H and are referred to as concurrent credit courses.)

§5.261. Institutional Agreements.

(a)

Need for Institutional Agreements. For any dual credit arrangement between a secondary school and a public university, an agreement must be approved by the governing boards or designated authorities (e.g., principal and chief academic officer) of both the public school district or private secondary school and the public university prior to the offering of such courses.

(b)

Elements of Institutional Agreements. The dual credit agreement must address the following elements:

(1)

Eligible Courses;

(2)

Student Eligibility;

(3)

Location of Class;

(4)

Student Composition of Class;

(5)

Faculty Selection, Supervision, and Evaluation;

(6)

Course Curriculum, Instruction, and Grading;

(7)

Academic Policies and Student Support Services;

(8)

Transcripting of Credit; and

(9)

Funding.

§5.262. Dual Credit Requirements.

(a)

Eligible Courses.

(1)

Courses offered for dual credit must be in the approved course inventory of the public university.

(2)

Public universities may not offer remedial and developmental courses for dual credit and may not enroll high school students in state-funded developmental education courses.

(b)

Student Eligibility.

(1)

To be eligible for enrollment in a dual credit course offered by a public university, the high school student must present a passing score on the Texas Academic Skills Program (TASP) test or a Board-approved alternative assessment instrument in at least one area (mathematics, reading, writing) as deemed relevant by the university for the intended dual credit course in which the student shall enroll. Students who are exempt from taking the TASP test or the alternative assessment are also exempt for the purpose of enrolling in dual credit courses.

(2)

To be eligible for enrollment in a dual credit course offered by a public university, students must meet all the university's regular prerequisite requirements designated for that course (e.g., minimum score on a specified placement test, minimum grade in a specified previous course, etc.)

(3)

To be eligible for enrollment in a dual credit course offered by a public university, students must have at least junior year high school standing. Exceptions to this requirement for students with demonstrated outstanding academic performance and capability may be approved by the principal of the high school and the chief academic officer of the public university.

(4)

The university class load of a high school student shall not exceed two university courses per semester. Exceptions to this requirement for students with demonstrated outstanding academic performance and capability may be approved by the principal of the high school and the chief academic officer of the public university.

(c)

Location of Class. Dual credit courses may be taught on the public university campus or on the high school campus. For dual credit courses taught exclusively to high school students on the high school campus, the university shall provide prior notice to the respective Higher Education Regional Council. In addition, dual credit courses taught on the high school campus and dual credit courses taught electronically shall comply with the Coordinating Board rules and regulations, Chapter 5, Subchapter H of this title (relating to Distance Education and Off-Campus Instruction) and with the Board's adopted Principles of Good Practice for Courses Offered Electronically.

(d)

Composition of Class. Dual credit courses may be composed of dual credit students only or of dual and university credit students. Exceptions for a mixed class, which would also include high school credit-only students, may be allowed only under one of the following conditions:

(1)

If the course involved is required for completion under the State Board of Education Recommended or Distinguished Achievement High School Program graduation requirements, and the high school involved is otherwise unable to offer such a course;

(2)

If the high school credit-only students are advanced placement students;

(3)

If the high school involved is classified by the Texas University Interscholastic League as a Class AA school or below, the mixed class may be offered until September 2002, by which time small school districts should have developed the capacity to receive dual credit courses from colleges and universities through instructional telecommunications.

(e)

Faculty Selection, Supervision, and Evaluation.

(1)

The public university shall select instructors of dual credit courses. These instructors must be regularly employed faculty members of the university or must meet the same standards (including minimal requirements of the Southern Association of Colleges and Schools) and approval procedures used by the university to select faculty responsible for teaching the same courses at the main campus of the university.

(2)

The public university shall supervise and evaluate instructors of dual credit courses using the same or comparable procedures used for faculty at the main campus of the university.

(f)

Course Curriculum, Instruction, and Grading. The public university shall ensure that a dual credit course and the corresponding course offered at the main campus of the university are equivalent with respect to the curriculum, materials, instruction, and method/rigor of student evaluation. These standards must be upheld regardless of the student composition of the class (dual, dual and university, or mixed with high school credit-only students).

(g)

Academic Policies and Student Support Services.

(1)

Regular academic policies applicable to courses taught at the public university's main campus must also apply to dual credit courses. These policies could include the appeal process for disputed grades, drop policy, the communication of grading policy to students, when the syllabus must be distributed, etc.

(2)

Students in dual credit courses must be eligible to utilize the same or comparable support services that are accorded university students on the main campus. The university is responsible for ensuring timely and efficient access to such services (e.g., academic advising and counseling), to learning materials (e.g., library resources), and to other benefits for which the student may be eligible.

(h)

Transcripting of Credit. For dual credit courses, high school as well as college credit should be transcripted immediately upon a student's completion of the performance required in the course.

(i)

Funding.

(1)

The state funding for dual credit courses will be available to both public school districts and public universities based on the current agreement between the Commissioner of Education and the Commissioner of Higher Education.

(2)

The university may claim funding for all students getting college credit in dual credit courses.

(3)

Only a public community/junior college may waive tuition and fees for a Texas public high school student enrolled in a course for which the student may receive dual course enrollment credit.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 28, 2000.

TRD-200003013

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Effective date: May 18, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 483-6162


Chapter 22. GRANT AND SCHOLARSHIP PROGRAMS

Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.23

The Texas Higher Education Coordinating Board adopts an amendment to §22.23 concerning Provisions For The Tuition Equalization Grant Program (Eligible Students) without changes to the proposed text as published in the February 18, 2000 issue of the Texas Register (25 TexReg 1240).

The amendment to the rule allows theological or religion degree students to participate in the program if they meet the other eligibility requirements.

There were no comments received regarding adoption of the amendment.

The amendment is adopted under Texas Education Code, §61.221 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Provisions For the Tuition Equalization Grant Program (Eligible Students).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 28, 2000.

TRD-200003018

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Effective date: May 18, 2000

Proposal publication date: February 18, 2000

For further information, please call: (512) 483-6558