Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 5.
PROGRAM DEVELOPMENT
Subchapter P. TESTING AND DEVELOPMENTAL EDUCATION
19 TAC §5.315
The Texas Higher Education Coordinating Board proposes amendments
to §5.315, concerning levels set for passing scores on alternative tests.
Specifically, these amendments will change the passing standards on certain
sections of approved alternative tests that may be used in lieu of the Texas
Academic Skills Program (TASP) test.
Dr. Leticia Hinojosa, Assistant Commissioner for Participation and Success,
has determined that for each year of the first five years the rule is in effect,
there will be no fiscal implications to state or local government as a result
of enforcing or administering the rule.
Dr. Hinojosa has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be a slight decrease in the number of students required to enroll
in developmental education for TASP purposes. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the rule as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Dr.
Leticia Hinojosa, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or
by e-mail to Leticia.hinojosa@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §51.306 and §51.3061, which provides the Coordinating Board
with the authority to adopt rules concerning the TASP.
The amendments affect Texas Education Code, §51.306 and §51.3061.
§5.315.Criteria for Meeting TASP Requirements.
(a) - (b)
(No change.)
(c)
Minimum Passing Standards
(1)
(No change.)
(2)
Minimum passing scaled score standards for the approved
alternative tests are:
(A)
ASSET: Reading Skills--
38
[
(B)
COMPASS: Reading Skills--
74
[
(C)
MAPS: Reading Comprehension--
112
[
(D)
ACCUPLACER: Reading Comprehension--
73
[
(3) - (4)
(No change.)
(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207311
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
Subchapter B. GENERAL PROVISIONS
19 TAC §12.30
The Texas Higher Education Coordinating Board proposes amendments
to §12.30 of Board rules, concerning the Texas Academic Skills Program
test for students graduating from degree-granting proprietary institutions.
Specifically, this amendment will put into rule a congruent policy for meeting
TASP requirements for students attending degree granting proprietary institutions.
Currently, Coordinating Board rules allow exemptions from TASP requirements
for students attending public community and technical colleges and universities,
such as obtaining certain scores on the ACT, SAT, or TAAS, and allow alternative
tests (Asset, Compass, Maps and Accuplacer) to be used in lieu of the TASP
test. Further, students can satisfy TASP requirements by either passing the
tests or earning a grade of "B" or better in an appropriate course approved
by the Board after completing all required developmental education, retaking
the appropriate section of the TASP test, and still not passing.
Dr. Glenda Barron, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is in effect, there will
be no fiscal implications to state or local government as a result of enforcing
or administering the rule.
Dr. Barron has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be the expanded ability for students attending degree granting
proprietary institutions to satisfy the requirements of TASP. There is no
effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the rule as proposed. There is no impact on
local employment.
Comments on the proposed amendments to the rule may be submitted to Dr.
Glenda Barron, P.O. Box 12788, Austin, Texas 78711, (512) 427-6250, or by
e-mail to Glenda.Barron@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §132.063, and Chapter 61, Subchapter G, which provides the Coordinating
Board with the authority to adopt policies, enact regulations, and establish
rules to enforce minimum standards for the approval and on-going assessment
of programs of study leading to associate degrees offered by proprietary institutions.
The amendments affect Texas Education Code, §132.063.
§12.30.Texas Academic Skills Program (TASP).
Any individual who enrolls in an associate degree program at a proprietary
institution on or after September 1, 1997, shall pass all sections of
a test taken for
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207310
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
Subchapter K. TECHNOLOGY WORKFORCE DEVELOPMENT GRANT PROGRAM
19 TAC §13.194
The Texas Higher Education Coordinating Board proposes amendments
to §13.194, concerning confidentiality of information related to the
proposal evaluation for the grant awards under the Technology Workforce Development
Grant Program. Specifically, these amendments will make confidential any information
related to the evaluation and selection of proposals for the Technology Workforce
Development Grant Program except copies of the reviews will be given to each
project leader without the identity of the reviewer and the names and affiliations
of the reviewers will be published as a group after the review. At the same
time, the term "project leader" used in §13.194 was substituted for the
term "individual investigator", because the grant programs are not subject
to investigation but are projects requiring a leader.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rule is in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rule.
Dr. Domelsmith has also determined that for each year of the first five
years the rule is in effect, the public benefit anticipated as a result of
administering the rule will be the protection of proprietary information submitted
as part of proposals and assurance to reviewers of the confidentiality of
the review process. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the rule as proposed.
There is no impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Dr.
Linda Domelsmith, P.O. Box 12788, Austin, Texas 78711, (512) 427-6150, or
by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §51.837(a), which provides the Coordinating Board with the authority
to award grants under Technology Workforce Development Grant Program on a
competitive, peer-review basis and Texas Education Code, §61.051(p),
which provides the Coordinating Board with the authority to administer trusteed
funds, grant programs, research competition awards, and other funds and programs
as directed by the legislature.
The amendments affect the Texas Education Code, §51.837.
§13.194.Proposal Evaluation.
(a) - (c)
(No change.)
(d)
Any information related to the evaluation
and selection of proposals for the grant awards shall be confidential unless
released by the Board pursuant to subsections (e) and (f) of this section.
(e)
[
(f)
[
(g)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207312
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §14.1, §14.2
The Texas Higher Education Coordinating Board proposes new §14.1
and §14.2, concerning the administration of the Advanced Research Program,
Advanced Technology Program, and Technology Development and Transfer Program
(Definitions). Specifically, these new rules describe the processes for the
application and review of proposals, appeals by denied applicants, and suspension
and termination of grants. Provisions regarding the confidentiality of information
related to the application and review of proposals are also included in the
new sections.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rules are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the enhanced development and growth
of technology and related industries in Texas. This enhancement is expected
from the increased number of qualified basic and technology research projects
conducted at Texas institutions of higher education. There is no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the new rules may be submitted to Dr. Linda Domelsmith, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6150, or by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer the Advanced Research Program and the Advanced Technology Program.
The new rules affect the Texas Education Code, Chapters 142 and 143.
§14.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Coordinating Board--the Texas Higher Education Coordinating
Board.
(2)
Commissioner--the Commissioner of Higher Education.
(3)
Advisory Committee--the Advisory Committee on Research
Programs appointed by the Coordinating Board pursuant to Texas Education Code, §142.003
and §143.004.
(4)
Research program--the Advanced Research Program.
(5)
Technology program--the Advanced Technology Program.
(6)
Technology transfer program--the Technology Development
and Transfer Program.
(7)
Research funding programs--the Advanced Research Program,
Advanced Technology Program, and Technology Development and Transfer Program.
(8)
Eligible public institution--an institution of higher education,
as defined by Texas Education Code, §61.003(8).
(9)
Eligible independent institution--a private institution
of higher education eligible to grant degrees in Texas as defined in Texas
Education Code, §61.003(15).
(10)
Investigator--an applicant whose name appears as a principal
investigator or co-principal investigator on a pre-proposal or proposal submitted
for any of the research funding programs.
(11)
Supplemental grants program--the Supplemental Grants Program
for High School Teachers.
§14.2.Authority and Scope.
(a)
Authority for this chapter is provided in the Texas Education
Code, Chapters 142 and 143 respectively, on the Advanced Research Program
and Advanced Technology Program.
(b)
Unless otherwise specified, this chapter applies to the
Coordinating Board, any Texas institution of higher education seeking funding
under the programs in this chapter and any tenured or tenure-track faculty
member of such institution or research professional in a permanent position
in such institution.
(c)
This chapter provides the Coordinating Board the regulating
rules applicable to the administration of the Advanced Research Program, Advanced
Technology Program, Technology Development and Transfer Program, and other
related programs.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207313
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§14.11 - 14.13
The Texas Higher Education Coordinating Board proposes new §§14.11
- 14.13, concerning the administration of the Advanced Research Program, Advanced
Technology Program, and Technology Development and Transfer Program (Advanced
Research Program). Specifically, these new rules describe the processes for
the application and review of proposals, appeals by denied applicants, and
suspension and termination of grants. Provisions regarding the confidentiality
of information related to the application and review of proposals are also
included in the new sections.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rules are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the enhanced development and growth
of technology and related industries in Texas. This enhancement is expected
from the increased number of qualified basic and technology research projects
conducted at Texas institutions of higher education. There is no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the new rules may be submitted to Dr. Linda Domelsmith, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6150, or by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer the Advanced Research Program and the Advanced Technology Program.
The new rules affect the Texas Education Code, Chapters 142 and 143.
§14.11.Purpose.
(a)
The research program supports research designed to attract
and retain the best students and researchers and to help provide the knowledge
base needed for innovation.
(b)
The research program is established to encourage and provide
support for basic research conducted in eligible public institutions in Texas
in the research areas specified by Texas Education Code, §142.002 and
as revised by the Advisory Committee.
§14.12.Eligibility.
(a)
Only eligible public institutions may apply for the research
program.
(b)
An eligible public institution must be accredited by the
Commission on Colleges of the Southern Association of Colleges and Schools.
(c)
An eligible public institution must have adopted an intellectual
property policy meeting the minimal standards set out in Texas Education Code, §51.680.
A copy of the policy must be approved by the Commissioner and be on file at
the Coordinating Board.
§14.13.Evaluation Criteria.
(a)
Proposals for the research program shall be evaluated on
the basis of merit and soundness of the proposal, capability of the investigator,
student involvement and research training opportunities, and adequacy of institutional
commitment and resources.
(b)
The Coordinating Board and the Advisory Committee may delete
or add any relevant criteria for evaluating the proposals for the research
program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207314
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§14.31 - 14.33
The Texas Higher Education Coordinating Board proposes new §§14.31
- 14.33, concerning the administration of the Advanced Research Program, Advanced
Technology Program, and Technology Development and Transfer Program (Advanced
Technology Program). Specifically, these new rules describe the processes
for the application and review of proposals, appeals by denied applicants,
and suspension and termination of grants. Provisions regarding the confidentiality
of information related to the application and review of proposals are also
included in the new sections.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rules are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the enhanced development and growth
of technology and related industries in Texas. This enhancement is expected
from the increased number of qualified basic and technology research projects
conducted at Texas institutions of higher education. There is no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the new rules may be submitted to Dr. Linda Domelsmith, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6150, or by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer the Advanced Research Program and the Advanced Technology Program.
The new rules affect the Texas Education Code, Chapters 142 and 143.
§14.31.Purpose.
(a)
The technology program is established to promote the State's
economic growth and diversification by increasing the number and quality of
scientists and engineers in Texas, enlarging the technology base available
to business and industry, creating new products and services, and attracting
new industries to Texas.
(b)
The technology program is designed to provide support for
technology research conducted in eligible public or independent institutions
in Texas in the research areas specified by Texas Education Code, §143.003.
§14.32.Eligibility.
(a)
Any eligible institutions whether public or independent
may apply for the technology program.
(b)
An eligible public or independent institution must be accredited
by the Commission on Colleges of the Southern Association of Colleges and
Schools.
(c)
An eligible public or independent institution must have
adopted an intellectual property policy meeting the minimal standards set
out in Texas Education Code, §51.680. A copy of the policy must be approved
by the Commissioner and be on file at the Coordinating Board.
§14.33.Evaluation Criteria.
(a)
Proposals for the technology program shall be evaluated
on the basis of merit and soundness of the proposal, capability of the investigator,
student involvement and research training opportunities, and adequacy of institutional
commitment and resources.
(b)
Prospects for leveraged funds and technology transfer may
be considered when evaluating proposals for the technology program.
(c)
The Coordinating Board and the Advisory Committee may delete
or add any relevant criteria for evaluating the proposals for the technology
program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207315
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§14.51 - 14.53
The Texas Higher Education Coordinating Board proposes new §§14.51
- 14.53, concerning the administration of the Advanced Research Program, Advanced
Technology Program, and Technology Development and Transfer Program (Technology
Development and Transfer Program). Specifically, these new rules describe
the processes for the application and review of proposals, appeals by denied
applicants, and suspension and termination of grants. Provisions regarding
the confidentiality of information related to the application and review of
proposals are also included in the new sections.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rules are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the enhanced development and growth
of technology and related industries in Texas. This enhancement is expected
from the increased number of qualified basic and technology research projects
conducted at Texas institutions of higher education. There is no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the new rules may be submitted to Dr. Linda Domelsmith, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6150, or by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer the Advanced Research Program and the Advanced Technology Program.
The new rules affect the Texas Education Code, Chapters 142 and 143.
§14.51.Purpose.
The technology transfer program is established to support technology
development and the transfer of that technology to the private sector in Texas.
§14.52.Eligibility.
(a)
Any eligible institutions whether public or independent
may apply for the technology transfer program.
(b)
An eligible public or independent institution must be accredited
by the Commission on Colleges of the Southern Association of Colleges and
Schools.
(c)
An eligible public or independent institution must have
adopted an intellectual property policy meeting the minimal standards set
out in Texas Education Code, §51.680. A copy of the policy must be approved
by the Commissioner and be on file at the Coordinating Board.
(d)
An institution must show that it has external matching
contributions from an industrial or private entity that intends to commercialize
the technology in an amount equal to or greater than the amount of grant funds
requested.
§14.53.Evaluation Criteria.
(a)
Criteria for evaluating the proposals for the technology
transfer program shall include potential importance of the technology, technical
merit and soundness of the proposal, personnel and physical resources available
to the project, and the quality of the product development and technology
transfer plan.
(b)
The proposals for the technology transfer program shall
be reviewed to determine whether matching contributions from the industrial
collaborator(s) meet the program guidelines.
(c)
The Coordinating Board and the Advisory Committee may delete
or add any relevant criteria for evaluating the proposals for the technology
transfer program.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207316
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§14.71 - 14.79
The Texas Higher Education Coordinating Board proposes new §§14.71
- 14.79, concerning the administration of the Advanced Research Program, Advanced
Technology Program, and Technology Development and Transfer Program (Procedural
Administration of the Research Funding Programs). Specifically, these new
rules describe the processes for the application and review of proposals,
appeals by denied applicants, and suspension and termination of grants. Provisions
regarding the confidentiality of information related to the application and
review of proposals are also included in the new sections.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rules are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the enhanced development and growth
of technology and related industries in Texas. This enhancement is expected
from the increased number of qualified basic and technology research projects
conducted at Texas institutions of higher education. There is no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the new rules may be submitted to Dr. Linda Domelsmith, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6150, or by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer the Advanced Research Program and the Advanced Technology Program.
The new rules affect the Texas Education Code, Chapters 142 and 143.
§14.71.Advisory Committee.
(a)
The Advisory Committee shall consist of experts in the
specified research areas.
(b)
The Advisory Committee shall advise the Coordinating Board
concerning the development of research priorities, guidelines, funding allocations,
and procedures for the selection of specific projects for awards on a competitive,
peer review basis.
(c)
The Advisory Committee shall determine funding to be allocated
to each research area.
(d)
The Chairman of the Coordinating Board shall appoint members
of the Advisory Committee, who shall serve for a term of three years. In making
appointments the chairman shall include both representatives of Texas industry
and Texas higher education.
§14.72.Pre-proposals and Proposal Solicitation.
(a)
At least five weeks prior to the pre-proposal due date,
the Coordinating Board shall issue a Program Announcement that describes key
information about the research funding programs including investigator eligibility,
pre-proposal and proposal formats, funding allocations, evaluation criteria,
and schedules.
(b)
Investigators who have failed to submit any required reports
such as progress and final reports for previous research funding program grants
shall not be eligible to submit pre-proposals or proposals to the research
funding programs.
(c)
Investigators who have knowingly submitted false information
or engaged in misconduct in science, engineering, and education in previous
research funding program grants shall not be eligible to submit pre-proposals
or proposals to the research funding programs.
(d)
Institutions shall submit their pre-proposals in the manner
and format specified by the Coordinating Board with all requested information
included.
(e)
An institution applying for the technology transfer program
shall provide in the pre-proposal a listing of external industrial or private
support in an amount equal to or greater than the amount of grant funds requested
from the technology transfer program.
(f)
Each pre-proposal shall be evaluated by at least one reviewer
with recognized expertise in the general subject area.
(g)
Reviewers may, at their discretion, shift pre-proposals
submitted under one research funding program to another, except that pre-proposals
from independent institutions may not be moved into the research program.
(h)
An institution submitting a pre-proposal accepted by the
reviewers shall be invited to submit a full proposal that must expand upon
the accepted pre-proposal.
(i)
Any significant change in a proposal made from an original
pre-proposal may be subject to restrictions imposed by the Coordinating Board.
§14.73.Proposal Evaluation.
(a)
The full proposals that may be submitted shall be made
in the manner and format specified by the Coordinating Board with all requested
information included.
(b)
Pursuant to Texas Education Code, §142.006 and §143.007,
the Coordinating Board shall appoint as many review panels as necessary that
consist of scientists and engineers with recognized expertise recruited from
academic, government laboratories, non-profit research centers, and industries
under the condition that employees of any institution of higher education
in Texas shall not be reviewers.
(c)
A review panel shall evaluate each proposal, and each review
panel shall rank those proposals they consider eligible for funding and select
those proposals to be funded.
(d)
A review panel shall evaluate the budget for each ranked
proposal and may recommend a budget that is different from that submitted
by the participating institution(s).
(e)
The Advisory Committee shall review the review panels'
selections and then recommend the final list of proposals for funding to the
Coordinating Board.
§14.74.Confidentiality.
(a)
Any information either submitted by investigators or their
institutions to the Coordinating Board or kept by the Coordinating Board related
to the evaluation and selection of research projects to be funded by any of
the research funding programs under this chapter shall be confidential unless
released by the Coordinating Board pursuant to the following subsections of
this section.
(b)
The contents of pre-proposals and proposals submitted under
the research funding programs shall be confidential. Reviewers shall be required
to sign a confidentiality agreement prior to reviewing pre-proposals and proposals.
No information shall be released to the general public on the content of unfunded
proposals. Information released on funded proposals shall be limited to an
overall statement of work approved by the affected institutions.
(c)
Pre-proposals and proposals submitted by investigators
or their institutions shall not be available to persons or entities other
than the submitting investigators or their institutions at any time, except
that the copies of the project summaries of awarded research project may be
made available in a manner specified by the Coordinating Board.
(d)
Reviews shall not be disclosed to persons or entities outside
the Coordinating Board at any time, except that each individual investigator
shall receive a copy of the reviews of his or her proposal with the names,
affiliations, and any other identifying characteristics of the reviewers redacted.
(e)
Only after the grant awards are complete, the names and
affiliations of reviewers shall be released as a group without an identifying
link to any grant application.
§14.75.Appeals Procedure for Declined Applicants.
(a)
Only the chancellor or president of an eligible public
or independent institution which retains a declined applicant for funds under
any of the research funding programs may appeal a decision of declination
to the Coordinating Board. Such an appeal must be made within 30 days after
the date that the declination, including reviews, is made available to the
applicant.
(b)
The appealing claim should be in writing and should explain
the specific reasons why the institution believes that the declination is
unwarranted.
(c)
The Chair of the Advisory Committee shall designate a panel
consisting of at least three members to review appeals. The appeal panel will
select its own chair. The appeal panel, in consultation with the original
reviewers or members of the original peer review panel, shall determine whether
the declination of the application was fair and reasonable, taking into account
availability of funds, the rankings of other applications that have been recommended
for continuation or funding in that research area, and the policies and priorities
of the research funding programs and the Coordinating Board in addition to
the reasons provided in the appealing claim.
(d)
Within 30 days after the date of the appeal, the chair
of the appeal panel shall provide in writing either the results of the determination
as to the appeal claim or an explanation of the need for more time indicating
the date when the results can be expected if results cannot be furnished within
30 days.
(e)
The appeal panel shall make a recommendation to the Commissioner
regarding the declination. The Commissioner shall inform the institution of
the determination. If the appeal panel's decision overturns the declination,
the Commissioner shall inform the institution of any deadlines regarding full
proposal submission and review in the case of overturned pre-proposal declinations
or the award amount and effective grant term in the case of overturned award
declinations for full proposals.
(f)
The decision made under this section is final.
§14.76.Funding and Grants.
(a)
Funding for the research funding programs are subject to
Texas Education Code, §142.004 and §143.005.
(b)
Limitations on the number of awards that an individual
investigator may receive will be recommended by the Advisory Committee and
published in the Program Announcements.
(c)
Budgets recommended by a review panel may be adjusted to
comply with Program Announcements. Budgets recommended by a review panel for
a proposal that is in line for funding but has not yet been funded may be
decreased to allow award of any remaining funds in the final stages of the
funding assignment process.
(d)
The Coordinating Board staff shall assign funding to all
proposals in order of rank by review panels and the Advisory Committee until
the money assigned to that research area allocation is depleted. However,
no more than 70 percent of the funds in each of the research program and the
technology program may be awarded to eligible institutions from The University
of Texas System and the Texas A&M University System.
(e)
There is no upper limit to the percentage of funds that
can be awarded to eligible institutions outside of The University of Texas
System and the Texas A&M University System.
(f)
The Advisory Committee shall recommend research projects
and allocation of funds to the Commissioner and the Board of the Coordinating
Board.
(g)
The Coordinating Board shall make the final selection of
research projects and allocation of funds after considering the recommendations
of the Commissioner and the Advisory Committee.
(h)
Prior to expenditure of funds for any grant, the institution
must have an approved budget on file with the Coordinating Board.
(i)
The Coordinating Board shall work with the Comptroller
of Public Accounts to ensure that grants funds are forwarded to the institutions
in a timely manner. Funds for the selected awards at public institutions will
be held on account with the Comptroller. Funds for independent institutions
will be forwarded by warrant in quarterly payments after a contract between
the Coordinating Board and the institution is fully executed.
(j)
An eligible institution and its grant participants to be
funded by any of the research funding programs are subject to grant conditions
provided by the Coordinating Board.
§14.77.Progress Reports.
(a)
An institution funded by any of the research funding programs
under this chapter shall report on the progress of the funded research to
the Coordinating Board not later than the dates specified by the Coordinating
Board.
(b)
The due dates specified by the Coordinating Board for the
progress reports are subject to Texas Education Code, §142.005 and §143.006.
(c)
The progress reports shall be in the manner and format
specified by the Coordinating Board and shall provide all requested information.
(d)
The Coordinating Board shall report on the progress of
active grants by annually posting information on the research funding programs'
web site. Each year, the Coordinating Board shall notify the Governor and
the Legislative Budget Board of the date and location of the posting.
§14.78.Merit Review.
(a)
The Coordinating Board shall appoint an external evaluation
committee to evaluate the effectiveness of the research funding programs in
the second year of each biennium.
(b)
The external evaluation committee shall consist of nationally
or internationally recognized experts with experience in the physical sciences,
engineering, medicine, and Texas industry.
(c)
The committee will meet in Austin to discuss the research
funding programs with representatives of the State government, institutional
research offices, investigators, industry, the Advisory Committee, and the
Coordinating Board research staff.
(d)
The chair of the external review committee will present
the committee's findings to the Coordinating Board.
§14.79.Suspension and Termination of Funding.
(a)
A grant awarded under any of the research funding programs
may be suspended or terminated in whole or in part after the Coordinating
Board's finding that a funded institution or its grant participant has failed
to perform suitably or failed to conform to grant conditions.
(b)
A grant awarded under any of the research funding programs
may be suspended or terminated in whole or in part after the Coordinating
Board's finding that a funded institution or its grant participant has made
a false statement in information submitted to the Coordinating Board.
(c)
A grant awarded under any of the research funding programs
may be suspended or terminated in whole or in part after the Coordinating
Board's finding that a funded institution or its grant participant has engaged
in any misconduct in science, engineering, and education, such as falsification,
fabrication, and plagiarism.
(d)
A grant awarded to an institution under any of the research
funding programs may be terminated in whole or in part if all of the original
investigator(s) leave the institution. However, if the original investigator(s)
moves to another eligible institution, any remaining grant funds may be transferred
to the new institution if the participating institutions and the Coordinating
Board staff agree to the transfer.
(e)
The Coordinating Board may require reimbursement of grant
funds in whole or in part if a grant is suspended or terminated under subsections
(a) - (c) of this section.
(f)
Funds not expended or encumbered for purposes of the grant
during the term of the grant shall be returned to the Coordinating Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207317
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§14.91 - 14.95
The Texas Higher Education Coordinating Board proposes new §§14.91
- 14.95, concerning the administration of the Advanced Research Program, Advanced
Technology Program, and Technology Development and Transfer Program (Supplemental
Grants Program for High School Teachers). Specifically, these new rules describe
the processes for the application and review of proposals, appeals by denied
applicants, and suspension and termination of grants. Provisions regarding
the confidentiality of information related to the application and review of
proposals are also included in the new sections.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the rules are in effect, there will be no fiscal
implications to state or local government as a result of enforcing or administering
the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the enhanced development and growth
of technology and related industries in Texas. This enhancement is expected
from the increased number of qualified basic and technology research projects
conducted at Texas institutions of higher education. There is no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the new rules may be submitted to Dr. Linda Domelsmith, P.O.
Box 12788, Austin, Texas 78711, (512) 427-6150, or by e-mail to Linda.Domelsmith@thecb.state.tx.us.
The new rules are proposed under the Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer the Advanced Research Program and the Advanced Technology Program.
The new rules affect the Texas Education Code, Chapters 142 and 143.
§14.91.Purpose.
(a)
The supplemental grants program is intended to provide
research experiences to active science and mathematics teachers in Texas high
schools.
(b)
The supplemental grants program is established to enable
such teachers to participate in existing research activities funded by the
research program and the technology program under the mentorship of university
scientists or engineers.
§14.92.Eligibility.
(a)
Institutions and their investigators that are currently
receiving award grants under either the research program or the technology
program are eligible to participate in the supplemental grants program.
(b)
Each investigator who must be present to mentor the teachers
during the grant period may have no more than one active supplemental grant
at any given time.
(c)
Teachers supported under the supplemental grants program
must have a standard certificate to teach science or mathematics and must
have a signed statement from a high school principal indicating that the school
intends to offer the teacher a contract to teach full-time at a Texas high
school during the academic year subsequent to the grant period.
(d)
Teachers supported under the supplemental grants program
must be qualified to make positive contributions to the goals of the research
projects and must work full-time on the project for the grant period.
(e)
Teachers supported under the supplemental grants program
are not required to be students at the institution receiving the supplemental
grants.
§14.93.Application and Review Procedure.
(a)
An application must be submitted in the manner and format
specified by the Coordinating Board with all requested information included
and attached.
(b)
An application must be signed by the investigator and the
teacher involved, and must be approved by responsible officials at the teacher's
high school and the investigator's institution.
(c)
The Coordinating Board shall review applications accepted
during the period specified by the Coordinating Board in the order they are
received.
(d)
After review, the Coordinating Board will notify applying
investigators within two weeks of its decision on applications.
§14.94.Grants and Grant Conditions.
(a)
Grant amounts will be in addition to the original award
amounts granted under the research program or the technology program.
(b)
Grants will be awarded on a first-come, first-served basis.
(c)
The term of the grant will be four to nine contiguous weeks
as designated in applications during the summer period that shall be specified
by the Coordinating Board.
(d)
Dollar amounts of awards are tied to the length of the
research period proposed.
(e)
The Coordinating Board shall determine the grant amounts
and their use.
(f)
The Coordinating Board reserves the right to terminate
any grants under the supplemental grants program at any time.
§14.95.Reporting Requirements.
(a)
Principal investigators and teachers supported by the grants
shall complete brief reports of activities conducted as a part of the research
experience.
(b)
Final expenditure reports from the institutions shall be
required.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207318
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
Subchapter E. TUITION EQUALIZATION GRANTS PROGRAM
19 TAC §21.132
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Higher Education Coordinating Board or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §21.132, concerning affirmations for the Tuition Equalization
Grant Program. Specifically, the repeal of this section will correct an error
made in 1995, when state grant program rules were re-written and adopted as
Chapter 22 of Board rules. This section of Chapter 21 was inadvertently left
behind, although new rules governing the Tuition Equalization Grant Program
were adopted as Subchapter B, Chapter 22.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is eliminated, there will
be no fiscal implications to state or local government as a result of the
repeal.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of the
repeal will be a uniform grant refund policy. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal as proposed. There is no impact on local employment.
Comments on the proposed repeal of the rule may be submitted to Lois Hollis,
P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, or by e-mail to Lois.hollis@thecb.state.tx.us.
The repeal of the rule is proposed under the Texas Education
Code, §61.229, which gives the Coordinating Board the authority to make
any regulations consistent with the purposes and policies of the Program and
to enforce its requirements, conditions, and limitations.
The repeal affects Texas Education Code, §61.229.
§21.132.Student Affirmation Form.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207302
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §21.182
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Higher Education Coordinating Board or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §21.182, concerning affirmations for the Texas Public Educational
Grant Program. Specifically, the repeal of this section will correct an error
made in 1995, when state grant program rules were re-written and adopted as
Chapter 22 of Board rules. This section of Chapter 21 was inadvertently left
behind, although new rules governing the Texas Public Educational Grant program
were adopted as Subchapter D, Chapter 22.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is eliminated, there will
be no fiscal implications to state or local government as a result of the
repeal.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of the
repeal will be a uniform grant refund policy. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the repeal as proposed. There is no impact on local employment.
Comments on the proposed repeal of the rule may be submitted to Lois Hollis,
P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, or by e-mail to Lois.hollis@thecb.state.tx.us.
The repeal of the rule is proposed under the Texas Education
Code, §61.229, which gives the Coordinating Board the authority to make
any regulations consistent with the purposes and policies of the Program and
to enforce its requirements, conditions, and limitations.
The repeal affects Texas Education Code, §61.229.
§21.182.Student Affirmation Form.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207301
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS FOR ALL GRANT AND SCHOLARSHIP PROGRAMS DESCRIBED IN THIS CHAPTER
19 TAC §22.6
The Texas Higher Education Coordinating Board proposes amendments
to §22.6, concerning the general provisions for all grants and scholarships
described in Chapter 22. Specifically, these amendments will make the general
provisions applicable to all programs described in Chapter 22, rather than
containing an exception for the Tuition Equalization Grant and the Scholarships
for Professional Nursing Students.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is in effect, there will
be no fiscal implications to state or local government as a result of enforcing
or administering the rule.
Ms. Hollis has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be a uniform grant refund policy. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the rule as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Lois
Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or by e-mail
to Lois.hollis@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with the general
authority to adopt rules to effectuate the provisions of the chapter; Texas
Education Code, §61.229, which provides the Coordinating Board with the
authority to make reasonable regulations to enforce the requirements, conditions,
and limitations of the Tuition Equalization Grant; Texas Education Code, §56.034,
which gives the Coordinating Board the implied authority to adopt regulations
for the Texas Public Educational Grants; Texas Education Code, §61.656,
which provides the Coordinating Board with the authority to adopt rules necessary
for the administration of the Scholarship Program for Professional Nursing
and Vocational Nursing Students; Texas Education Code, §61.755, which
provides the Coordinating Board with the authority to adopt rules necessary
for the administration of the Scholarships for Fifth-Year Accounting Students;
Texas Education Code, §56.303(a), which provides the Coordinating Board
with the general authority to adopt rules to implement the provisions of the
chapter; as well as Texas Education Code, §56.353(a), which provides
the Coordinating Board with the general authority to adopt rules to implement
the provisions of the chapter.
The amendments affect Texas Education Code, §§56.303, 56.353,
61.027, 61.229, 61.656, and 61.755.
§22.6.Awards and Adjustments.
(a) - (d)
(No change.)
(e)
Refunds
(1)
(No change.)
(2)
Institutions
[
(3)
(No change.)
(f) - (h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207304
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §22.25
The Texas Higher Education Coordinating Board proposes amendments
to §22.25, concerning refunds for the Tuition Equalization Grant Program.
Specifically, these amendments will make the refund provision consistent with
the refund policies of the other grants administered by the Board and in accordance
with the General Provisions of §22.6 of this title (relating to Awards
and Adjustments).
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is in effect, there will
be no fiscal implications to state or local government as a result of enforcing
or administering the rule.
Ms. Hollis has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be a uniform grant refund policy. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the rule as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Lois
Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or by e-mail
to Lois.hollis@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §61.221, which provides the Coordinating Board with the authority
to administer Tuition Equalization Grants and Texas Education Code, §61.229,
which gives the Coordinating Board the authority to make any regulations consistent
with the purposes and policies of the Program and to enforce its requirements,
conditions, and limitations.
The amendments affect Texas Education Code, §61.221 and §61.229.
§22.25.Refunds.
If a student withdraws officially for any reason refunds should
be done in accordance with the general provisions of Chapter 22, Subchapter
A, §22.6 of this title (relating to General Provisions for all Grant
and Scholarship Programs Described in this Chapter).
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207305
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §22.84
The Texas Higher Education Coordinating Board proposes amendments
to §22.84, concerning selection of recipients for the Texas New Horizons
Scholarship program. Specifically, these amendments will make the eligibility
requirements reflect the legislative intent to phase out the Program, as evidenced
by its repeal of the statutory basis for the Program, Texas Education Code, §54.216.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is in effect, there will
be no fiscal implications to state or local government as a result of enforcing
or administering the rule.
Ms. Hollis has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be a clear statement of program eligibility requirements. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the rule as proposed. There is no
impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Lois
Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or by e-mail
to Lois.hollis@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with the authority
to adopt rules to effectuate the programs under its administration.
The amendments affect no current statute since Texas Education Code, §54.216
has been repealed.
§22.84.Selection of Recipients.
Prior year recipients will continue to receive the scholarship
as long as they continue to meet the eligibility requirements of the Texas
New Horizons Scholarship Program.
[
[(1)
the applicant's socioeconomic background,
which suggests disadvantages in preparing for college, measured in terms of
the student's family income relative to the designated poverty level of income
and whether or not the family has been receiving some type of welfare assistance;]
[(2)
the relative wealth of the school district
in which the student graduated from high school compared to the average wealth
of school districts throughout the state;]
[(3)
one or more of the following criteria,
as determined by the institution attended by the student:]
[(A)
levels of responsibility demonstrated by the student through
work at school, in the community, the family or with an outside job to help
support the family while attending high school, as attested to via recommendations
from at least two disinterested third parties;]
[(B)
the applicant's performance on standardized tests as compared
to the performance of other students with similar socioeconomic backgrounds;]
[(C)
whether the student's parents ever attended college; and,]
[(D)
the applicant's performance on standardized tests compared
to the performance of all applicants for an award under this subchapter.]
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207308
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §22.128
The Texas Higher Education Coordinating Board proposes amendments
to §22.128, concerning refunds for the Scholarship Programs for Professional
Nursing Students. Specifically, these amendments will make the refund provision
consistent with the refund policies of the other grants administered by the
Board and in accordance with the General Provisions of §22.6 of this
title (relating to Awards and Adjustments).
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is in effect, there will
be no fiscal implications to state or local government as a result of enforcing
or administering the rule.
Ms. Hollis has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be a uniform grant refund policy. There is no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the rule as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Lois
Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or by e-mail
to Lois.hollis@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §61.652, which provides the Coordinating Board with the authority
to administer funds for the Scholarship Programs for Professional Nursing
Students as well as Texas Education Code, §61.656(b), which provides
the Coordinating Board the authority to adopt rules relating to the establishment
of the scholarship program.
The amendments affect Texas Education Code, §61.652 and §61.656.
§22.128.Refunds.
If a student withdraws officially for any reason, refunds should
be done in accordance with the general provisions of Chapter 22, Subchapter
A, §22.6 of this title (relating to General Provisions for all Grant
and Scholarship Programs Described in this Chapter).
[
[(1)
Prior to the first class day--100%;]
[(2)
During the first five days of class--80%;]
[(3)
During the second five days of class--70%;]
[(4)
During the third five days of class--50%;]
[(5)
During the fourth five days of class--25%;]
[(6)
After the fourth five days of class--0%.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207306
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §22.183
The Texas Higher Education Coordinating Board proposes amendments
to §22.183, concerning the eligible students provisions for the Texas
Tuition Assistance Grant Program. Specifically, these amendments will make
the eligibility requirements reflect the legislative intent to phase out the
Program, as evidenced by its repeal of the statutory basis for the Program,
Texas Education Code, §§56.101 - 56.108.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rule is in effect, there will
be no fiscal implications to state or local government as a result of enforcing
or administering the rule.
Ms. Hollis has also determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of administering
the rule will be a clear statement of program eligibility requirements. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the rule as proposed. There is no
impact on local employment.
Comments on the proposed amendments to the rule may be submitted to Lois
Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or by e-mail
to Lois.hollis@thecb.state.tx.us.
The amendments to the rule are proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with the authority
to adopt rules to effectuate the programs under its administration.
The amendments affect no current statute since Texas Education Code, §§56.101
- 56.108 have been repealed.
§22.183.Eligible Students.
[(a)
Initial award recipients must:]
[(1)
meet general eligibility requirements of this chapter;
and]
[(2)
be enrolled on a full-time basis in an eligible institution;]
[(3)
be from a low-income or middle-income family;]
[(4)
have graduated from a secondary school within two years
preceding the student's grant application;]
[(5)
have a cumulative secondary school grade point average
that is equal to or greater than the equivalent of 80 on a scale of 100;]
[(6)
have applied for any available financial aid;]
[(7)
not have been granted a baccalaureate degree; or]
[(8)
not have been convicted of a felony or a crime involving
moral turpitude, unless the person has met all initial award eligibility requirements
and has:]
[(A)
received a certificate of discharge by the Texas Department
of Criminal Justice or a correctional facility or completed a period of probation
ordered by a court, and at least two years have elapsed from the date of the
receipt or completion; or]
[(B)
been pardoned or otherwise released from the resulting
ineligibility to participate in the Texas Tuition Assistance Grant Program.]
[
(1)
make steady academic progress toward a baccalaureate degree
as determined by the institution;
(2)
maintain full-time enrollment for at least two semesters
in any academic year;
(3)
have a cumulative grade point average of at least 2.5 on
a 4.0 scale; [
(4)
have applied for financial aid; and
(5)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207307
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§22.201 - 22.205
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§22.201 - 22.205, concerning the Texas Educational
Opportunity Grant Program. Specifically, the repeal of these rules will make
the rules consistent with the actual and current statutory status of the program,
since the Legislature has repealed this grant program.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rules are eliminated, there
will be no fiscal implications to state or local government as a result of
the repeal.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the repeal of the rules will be to eliminate confusion about the current status
of the program. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal of the
rules as proposed. There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Lois Hollis,
P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, or by e-mail to Lois.hollis@thecb.state.tx.us.
The repeal of the rules is proposed under the Texas Education
Code, §61.027, the Coordinating Board's general rulemaking authority
that grants the power to make rules that effectuate the provisions of the
chapter.
The repeal of these rules will have no statutory affect, as this program
has been repealed.
§22.201.Purpose.
§22.202.Eligible Institutions.
§22.203.Eligible Students.
§22.204.Award Amounts.
§22.205.Allocations and Reallocations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207303
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
19 TAC §§22.226, 22.228, 22.229, 22.232
The Texas Higher Education Coordinating Board proposes amendments
to §§22.226, 22.228, 22.229, and 22.232, concerning the definitions,
student eligibility requirements, hardship provisions and awards and adjustments
for the Toward Excellence, Access and Success Grant Program. Specifically,
these amendments will clarify information needed on the report submitted to
the Board regarding encumbering funds, remove references to the Teach for
Texas Conditional Grant, clarify that a student must be enrolled in an undergraduate
degree or certificate program, clarify if a student graduates from a private
high school that the high school must be accredited by the Texas Education
Agency, clarify that a student must enroll in higher education within 16 months
of high school graduation, and clarify requirements for receiving an award
through the program.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the rules are in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the rules are in effect, the public benefit anticipated as a result of administering
the rules will be clarification of program requirements. There is no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the rules as proposed. There is no impact on local
employment.
Comments on the proposed amendments to the rules may be submitted to Lois
Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6505, or by e-mail
to Lois.hollis@thecb.state.tx.us.
The amendments to the rules are proposed under the Texas Education
Code, §56.302, which provides the Coordinating Board with the authority
to provide a grant of money to enable eligible students to attend public and
private institutions of higher education in this state.
The amendments affect the Texas Education Code, Chapter 56, Subchapter
M.
§22.226.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Encumber funds (for the TEXAS Grant Program)--To commit
specific award amounts to specific students, documented by a report submitted
to the Board, which includes at a minimum,
the number of students to
receive funds and the total amount to be issued to them
[
(2) - (3)
(No change.)
[(4)
Fifth-year certification student--A student
at an approved institution enrolled in a fifth-year educator program.]
(4)
[
(5)
[
§22.228.Eligible Students.
(a)
To receive an initial award through the TEXAS Grant Program,
a student must:
(1) - (4)
(No change.)
(5)
be enrolled in an undergraduate degree or certificate
program and
not have been granted a baccalaureate degree;
(6)
(No change.)
(7)
if a graduate of a public high school
certified by
its district
[
(8)
if a graduate of
a
[
(b)
To receive a continuation award through the TEXAS Grant
Program, a student must:
(1) - (3)
(No change.)
(4)
be enrolled in an undergraduate degree or certificate program
at an eligible institution [
(5) - (8)
(No change.)
(c)
Unless granted a hardship postponement in keeping accordance §22.229(c)
of this title (relating to Hardship Provisions), a student's eligibility for
a TEXAS grant ends six years from the start of the semester or term in which
the student received his or her initial award of a TEXAS grant if the student's
eligibility for a TEXAS Grant was based on his or her high school performance.
Unless granted a hardship postponement in accordance with §22.229(c)
of this title [
(d) - (e)
(No change.)
§22.229.Hardship Provisions.
(a) - (c)
(No change.)
(d)
A
student must enroll in higher education
[
§22.232.Awards and Adjustments.
(a) - (c)
(No change.)
(d)
Amount of Grant.
(1)
The maximum amount that may be received in a given semester
or term by a student through the TEXAS Grant Program is an amount equal to
the average tuition and required fees charged students enrolled in similar
institutions for
the statewide average full-time load for financial aid
recipients
[
(2) - (3)
(No change.)
(e)
(No change.)
(f)
Packaging with Other Awards. The amount of a TEXAS grant
may not be reduced by any gift aid for which the person is eligible, unless
the total amount of a person's grant plus any gift aid received exceeds the
student's financial need
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on November 7, 2002.
TRD-200207309
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: January 30, 2003
For further information, please call: (512) 427-6162
Chapter 232.
GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED
Subchapter R. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS
19 TAC §232.851
The State Board for Educator Certification (SBEC) proposes
an amendment to §232.851, relating to the number of required continuing
professional education hours by classes of certificates. The proposed amendment
to §232.851 would require holders of the new standard reading specialist
certificate (proposed elsewhere in this same issue) to complete 200 hours
of continuing professional education every five years in order to renew the
certificate. This renewal requirement is consistent with the requirements
for other student services certificates (e.g., school counselor, educational
diagnostician).
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined that, for the first five-year period the rules are in effect,
enforcing or administering the proposed rule would not have foreseeable implications
relating to cost or revenues of state or local governments.
Dan Junell, General Counsel, State Board for Educator Certification, has
determined that, for each year of the first five years the rules are in effect,
the public benefits expected as a result of adoption of the proposed rule
will be to ensure school administrators and students and their parents that
holders of the standard reading specialist certificate continually update
their knowledge of current best practices based on scientifically based research
and best available technology to enhance their roles in providing reading
learning services. Holders of the standard reading specialist certificate
may incur costs in obtaining appropriate continuing professional education
not provided through districts as part of their regular professional development
program. There will be no affect to small or micro businesses.
In accordance with §2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, has
not filed a request for a local employment impact statement with the Texas
Workforce Commission.
If adopted, the proposed rule would be a governmental action regulating
renewal of an educator certificate, a statutory privilege, issued by SBEC,
in accordance with Chapter 21, Subchapter B, Education Code, and therefore
would not affect private real property under the Private Real Property Preservation
Act in Government Code, Chapter 2007.
Comments regarding the proposed amendments may be submitted to Dan Junell,
General Counsel, State Board for Educator Certification, 4616 West Howard
Lane, Suite 120, Austin, Texas 78728, or by e-mail at "djunell@sbec.state.tx.us."
The amendment is proposed under the statutory authority of the
following Education Code sections: §21.031(a), which vests SBEC with
the authority to regulate and oversee all aspects of the certification, continuing
education, and standards of conduct of public school educators; and §21.041(b)(1),
Education Code, which requires SBEC to propose rules that provide for the
regulation of educators and the general administration of Chapter 21, Subchapter
B, in a manner consistent with that subchapter; §21.041(b)(2), which
requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3),
which requires SBEC to specify the period for which each class of educator
certificate is valid; §21.041(b)(4), which requires SBEC to specify the
requirements for the issuance and renewal of an educator certificate; and §21.041(b)(9),
which requires SBEC to provide for continuing education requirements.
No other statutes, articles, or codes are affected by the proposed amendment.
§232.851.Number of Required Continuing Professional Education Hours by Classes of Certificates.
(a)
Holders of the Standard Superintendent Certificate must
complete 200 clock hours of continuing professional education every five years.
Specific requirements are contained in §242.30 of this title (relating
to Requirements for Continuing Education and the Renewal of the Standard Superintendent
Certificate).
(b)
Holders of the Standard Principal Certificate must complete
200 clock hours of continuing professional education every five years. Specific
requirements are contained in §241.30 of this title (relating to Requirements
to Renew the Standard Principal Certificate).
(c)
Holders of the Standard School Counselor Certificate must
complete 200 clock hours of continuing professional education every five years.
(d)
Holders of the Standard Learning Resources Specialist Certificate
must complete 200 clock hours of continuing professional education every five
years.
(e)
Holders of the Standard Educational Diagnostician Certificate
must complete 200 clock hours of continuing professional education every five
years.
(f)
Holders of the Standard Reading Specialist
Certificate must complete 200 clock hours of continuing professional education
every five years.
(g)
[
(h)
[
(i)
[
(j)
[
(k)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on November 7, 2002.
TRD-200207259
William Franz
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: December 22, 2002
For further information, please call: (512) 469-3011
Subchapter D. READING SPECIALIST CERTIFICATE
41
]; Elementary
Algebra--
37
[
38
]; Writing Skills (objective)--40; and
Written Essay--6.
81
];
Algebra--
34
[
39
]; Writing Skills (objective)--59; and
Written Essay--6.
114
];
Elementary Algebra Skills--
611
[
613
]; Conventions of
Written English--310; and Written Essay--6.
78
]; Elementary Algebra--
59
[
63
]; Sentence Skills--80;
and Written Essay--6.
Chapter 12.
PROPRIETARY SCHOOLS
the
] Texas Academic Skills Program (TASP)
Test
purposes, or otherwise meet TASP requirements as outlined under
Chapter 5, Subchapter P, §5.314(a)(3) - (12), §5.34(b)(1) - (11),
and §5.315 of this title (relating to Testing and Developmental Education)
[
at the level established by the Board
] before the degree
may be awarded. Individuals enrolled in an authorized Associate of Occupational
Studies degree program are exempt from this requirement.
Chapter 13.
FINANCIAL PLANNING
(d)
] Reviews will not be disclosed
to persons outside the Board at any time, except that each
project leader
[
individual investigator
] (grant applicant) will receive
a copy of the reviewers of his or her proposal with the names, affiliations,
and any other identifying characteristics of the reviewers redacted; and
(e)
] The names and affiliations
of reviewers will be released as a group, without an identifying link to any
grant application, until after the review process is complete.
(f)
] For Fiscal Year 2002, the Commissioner
shall make the grant awards. Thereafter, the Board shall make grant awards.
Decisions of the Commissioner/Board are final.
Chapter 14.
RESEARCH FUNDING PROGRAMS
Subchapter B. ADVANCED RESEARCH PROGRAM
Subchapter C. ADVANCED TECHNOLOGY PROGRAM
Subchapter D. TECHNOLOGY DEVELOPMENT AND TRANSFER PROGRAM
Subchapter E. PROCEDURAL ADMINISTRATION OF THE RESEARCH FUNDING PROGRAMS
Subchapter F. SUPPLEMENTAL GRANTS PROGRAM FOR HIGH SCHOOL TEACHERS
Chapter 21.
STUDENT SERVICES
Subchapter G. TEXAS PUBLIC EDUCATIONAL GRANTS PROGRAM
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
Except in the Tuition Equalization
Grant Program and Scholarship Programs for Professional Nurses, which have
their own refund schedules, institutions
] are to follow their general
institutional refund policies in making refunds to the grant and scholarship
programs described in this chapter.
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
If a student
withdraws officially for any reason during the first week of class work, a
refund of 70% of the tuition equalization grant will be returned to the board
for reallocation; during the second week, 60%; during the third week, 40%;
during the fourth week, 20%; during the fifth week and thereafter, nothing.
]
Subchapter E. TEXAS NEW HORIZONS SCHOLARSHIP PROGRAM
In the initial selection of
recipients, institutions are to give priority consideration to applicants
who meet the criteria listed below. The Coordinating Board will advise institutions
as to the relative weight to be given each of the criteria. In addition, priority
may be given to prior year recipients as long as they continue to meet the
eligibility requirements of the program. The selection criteria are:
]
Subchapter G. PROVISIONS FOR THE SCHOLARSHIP PROGRAMS FOR PROFESSIONAL NURSING STUDENTS
In any semester,
should a student withdraw from classes prior to the end of the term, funds
disbursed to the student from the scholarship program that semester or term
shall be returned to the program in accordance with the following schedule:
]
Subchapter J. PROVISIONS FOR THE TEXAS TUITION ASSISTANCE GRANT PROGRAM
(b)
]
Continuation award recipients must
and
]
(4)
] meet all the
general
eligibility
requirements
of this chapter
[
for students receiving initial
awards as listed in §22.183 of this title (relating to Provisions for
the Texas Tuition Assistance Grant Program)
].
Subchapter K. PROVISIONS FOR THE TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM
Subchapter L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM
a list
of student recipient social security numbers, number of hours taken and dollar
amounts awarded
].
(5)
] Initial award--The grant award
made in the first semester in which a student is eligible.
(6)
] Recommended or advanced high
school curriculum--The curriculum specified in the Texas Education Code, §28.002
or §28.025.
in a school district certified
] not to offer
all the courses necessary to complete all parts of the recommended or advanced
high school curriculum, have completed all courses at the high school offered
toward the completion of such a curriculum and enroll in an eligible institution
not later than the end of the 16th month after the month of high school graduation
(unless granted a hardship extension in keeping with §22.229 of this
title); and
an accredited
]
private high school,
graduate from a high school identified by the Texas
Education Agency as accredited so the high school transcript can be accepted
as equivalent to the recommended or higher curriculum offered by public high
schools.
[
present an official transcript or diploma that includes
information indicating that the student has completed or is on schedule to
complete the equivalent of the recommended or advanced high school curriculum.
]
unless enrolled as a fifth-year certification
student in a five-year educator certification program and receiving a Teach
for Texas Grant as provided in Chapter 21, Subchapter N of this title (relating
to Teach for Texas Conditional Grant Program)
];
(relating to Hardship Provisions)
], a student's
eligibility ends four years from the
date
[
start
] of
the semester or term in which the student received his or her initial award
of a TEXAS grant if the student's eligibility was based on receiving an associate's
degree.
student's first award must be received
] within 16 months of high school
graduation. However, the financial aid director may allow a student to receive
his/her first award after more than 16 months have passed if the student and/or
the student's family has suffered a hardship that would now make the student
rank as one of the institution's neediest. Documentation justifying the exception
must be kept in the student's files.
12 semester credit hours or their equivalent
].
The maximum award for recipients enrolled at eligible private or independent
institutions is based on the average tuition and required fees at public universities.
The maximum award for students enrolled in public community colleges is based
on the average in-district tuition and fee charges for such institutions.
The Board shall determine and announce award maximum amounts prior to the
start of each fiscal year.
total cost of attendance at an eligible
institution
].
Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
(f)
] Holders of the Standard Master
Teacher Certificate must complete 200 clock hours of continuing professional
education every five years.
(g)
] Holders of the Standard Classroom
Teacher Certificate must complete 150 clock hours of continuing professional
education every five years. Specific requirements are contained in §232.850
of this title (relating to Number and Content of Required Continuing Professional
Education Hours).
(h)
] Holders of the Standard Educational
Aide Certificate are exempt from the provisions of §232.850 of this title
(relating to Number and Content of Required Continuing Professional Education
Hours).
(i)
] Holders of Professional Certificates
issued prior to September 1, 1999, who opt in to the Standard Certificate
pursuant to §232.810 of this chapter (relating to Voluntary Renewal of
Current Texas Educators) must complete 200 clock hours of continuing professional
education every five years.
(j)
] Holders of Provisional Certificates
issued prior to September 1, 1999, who opt into the Standard Certificate pursuant
to §232.810 of this chapter must complete 150 clock hours of continuing
professional education every five years.
Chapter 239.
STUDENT SERVICES CERTIFICATES