Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter A. GENERAL PROVISIONS
19 TAC §§4.1 - 4.8
The Texas Higher Education Coordinating Board adopts new §§4.1
- 4.8 concerning general oversight of public universities, health-related
institutions, and two-year colleges (General Provisions) with changes to §4.3(5)
of the proposed text as published in the February 28, 2003 issue of the
The following comments were received regarding the new rules:
Comment: The following institutions or organizations submitted comments
supporting the proposed change: Texas A&M University-Commerce
Staff Response: Because these comments were favorable, no changes were
made.
Comment: Southwest Texas State University notified us that under the Definitions
sections in Chapter 4 sometimes the definition is Texas Higher Education Coordinating
Board and sometimes it is Texas Higher Education Board.
Staff Response: Changes were made accordingly to make the definitions consistent
by referring to our agency as the Texas Higher Education Coordinating Board.
The new sections are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.911, which
requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, §61.0815, which requires institutions
to report expert witnesses; Texas Education Code §61.051(g), and Texas
Education Code, §§61.821-831, which authorizes the Board to adopt
rules and establish policies and procedures for the development, adoption,
implementation, and evaluation of core curricula, field of study curricula,
and a transfer dispute resolution process; Texas Education Code, §51.307,
which authorizes the Board to adopt rules to implement the provisions of Texas
Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e),
regarding Testing and Development Education; Texas Education Code, §§29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, §61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair.
§4.3.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Associate of Science degree and the Associate of Arts degree--collegiate
degrees consisting of lower-division courses designed to prepare students
for transfer to a bachelor’s degree program.
(2)
Associate of Applied Science degree and the Associate of
Applied Arts degree--technical certificates issued to students who complete
workforce education curricula of collegiate level.
(3)
Bachelor of General Studies degree--a program designed
principally for mature students who seek a flexible degree program and who
do not desire or may not meet prerequisites of a highly structured traditional
degree program, and to permit students to plan, with advisement, an individualized
program with access to a wide range of academic disciplines and fields of
professional study.
(4)
Bachelor of Applied Arts and Sciences degree--a program
designed to provide a path to a bachelor's degree for students who have earned
previous collegiate credit through workforce education curricula. The degree
program combines general education requirements and a professional component
designed to complement the student's technical or vocational competence.
(5)
Board--The Texas Higher Education Coordinating Board.
(6)
Commissioner--The Commissioner of Higher Education.
(7)
Common calendar--dates and information pertaining to the
beginning and ending (and lengths) of academic semesters and sessions, applicable
to all Texas public universities and community, technical and state colleges.
(8)
Consulting or testifying expert witness--any non-fact witness
whose name must be disclosed during litigation as required by the Texas Rules
of Civil Procedure.
(9)
Degree program--any grouping of subject matter courses
which, when satisfactorily completed by a student, will entitle the student
to a degree from an institution of higher education.
(10)
Faculty or professional staff of an institution of higher
education--a non-classified, full-time employee who is a member of the faculty
or staff and whose duties include teaching, research, administration or performing
professional services, including professional library services.
(11)
Fiscal year--the State of Texas' fiscal year, September
1 through August 31.
(12)
Institution of higher education or institution--any public
technical institute, public junior college, public senior college or university,
medical or dental unit, or other agency of higher education as defined in
Texas Education Code, §61.003.
(13)
Interdisciplinary baccalaureate degrees--the Bachelor
of General Studies degree (defined in paragraph (4) of this section) and such
general degrees as liberal arts or humanities. These broad-based degrees vary
in the amount of prescriptive structure but share the characteristics of flexibility
for the student and interdisciplinary course selection.
(14)
Non-classified--an employee whose position is not controlled
by the institution's classified personnel system or a person employed in a
similar position if the institution does not have a classified personnel system.
(15)
Religious holy day--A holy day observed by a religion
whose places of worship are exempt from property taxation under the Texas
Tax Code, §11.20.
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 May 7, 2003.
TRD-200302837
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.21 - 4.34
The Texas Higher Education Coordinating Board adopts new §§4.21
- 4.34 concerning general oversight of public universities, health-related
institutions, and two-year colleges (Transfer of Credit, Core Curriculum and
Field of Study Curricula) with changes to §4.25, 4.28, and 4.32 of the
proposed text as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1712). Sections 4.21 - 4.24, 4.26, 4.27,
4.29- 4.31, 4.33 and 4.34 are being adopted without changes. Specifically,
the new rules replace existing rules being repealed contemporaneously in this
issue of the
Texas Register
by assembling
the new rules into one chapter, renumbering, and clarifying current Board
rules regarding the general oversight of all public higher education institutions.
The new rules amend and clarify current rules. New definitions have been added
and the language has been edited for consistency. The procedures for resolution
of transfer disputes for lower-division courses describe who may request such
a resolution and what the responsibilities of the institutions are in notifying
each other and the Commissioner of Higher Education in the event of a dispute.
Another clarification specifies that health-related institutions will now
be required to adopt core curricula for all baccalaureate programs. Other
clarifications include identification of those institutions which must adopt
a core curriculum and the addition of identifying numbers for core-curriculum
component areas to be used for indicating completed core courses on student
transcripts. New rules clarify the institutional responsibility for evaluating
their compliance with Board-adopted Field of Study Curricula and for reporting
the results of those evaluations. Other new rules establish a procedure for
modifying an existing core curriculum or field of study curriculum.
The following comments were received regarding the sections:
Comment: The University of North Texas commented on a requirement in §4.25(e)
that requires that support services for transfer students be "equivalent"
to those provided to non-transfer students. They point out that different
students have different needs and suggest that, instead, the rule should require
that institutions provide services appropriate to meet the needs of transfer
students
Staff response: We agree with the comment and are revising the rule language
to read as follows: (e) All senior institutions of higher education in Texas
shall provide support services appropriate to meet the needs of transfer students.
These support services should be comparable to those provided to non-transfer
students regularly enrolled at the institutions, including an orientation
program similar to that provided for entering freshman enrollees.
Comment: The University of North Texas suggested adding a phrase in §4.28(c)
to clarify that block transfer of core curriculum only applies to Texas institutions.
Staff response: The rule only applies to students completing a core curriculum
at a Texas public institution of higher education. We have added clarifying
language so that the sentence now reads: If a student successfully completes
the 42 semester credit hour core curriculum at a Texas public institution
of higher education, that block of courses may be transferred to any other
Texas public institution of higher education and must be substituted for the
receiving institution’s core curriculum."
Comment: El Paso Community College and Texas Tech University indicated
that §4.32(e) should read Each institution must note field of study curriculum
courses.
Staff Response: We agree that this was an error and have made the requested
change to the rules.
Comment: The following institutions or organizations submitted comments
supporting the proposed change: Texas A&M University-Commerce
Staff Response: Because these comments were favorable, no changes were
made.
Comment: Texas A&M University (TAMU) suggested clarification that would
permit institutions offering programs to be excluded from the course notification
provision. TAMU also wants a statement that all distance education courses
be reported on the CBM-004.
Staff Response: Any clarification would be better placed in the Notification
and Approval Procedures for Distance Education and Off-Campus Institutions.
The staff will further consider the suggestion and take appropriate steps
if changes are needed. No changes were made in response to this comment.
Comment: Lamar University suggested that §4.23, Paragraph (8), (Faculty
Member) be revised so as not to exclude administrators who also teach--particularly
deans, assistant/associate provosts, provost, Vice Presidents for Academic
Affairs, because those administrators value the faculty rank they hold and
consider themselves to be full-fledged members of the academy.
Staff Response: The language used in the definition of a faculty member
in this section is taken directly from the statute, which requires that a
majority of the members of any Field of Study Curriculum (FOSC) advisory committee
must be taken from the teaching faculty ranks. The statute lists these administrative
positions by title, specifically excluding them from those termed faculty
members for statutory purposes. It should be noted that FOSC advisory committees
do not exclude administrators who also teach- it merely provides for balance
in participation on these committees, and ensures that those with a full-time
teaching assignment be included in the development of the FOSC. No changes
were made in response to this comment.
Comment: Regarding §4.31, Paragraph (b), Lamar University asked whether
the procedures outlined in subparagraphs (1) - (3) refer to the addition of
courses that will be required in the university's core curriculum, assuming
that new courses which merely have been added to the existing list of courses
which count toward satisfying the requirements in a particular Component Area
(e.g., a new physics course that counts toward satisfying the Natural Sciences
Component Area) would not need to be individually approved by the Coordinating
Board.
Staff Response: The statute provides each individual institution bears
responsibility for selecting the courses that will make up that institution’s
core curriculum. Course selections are subject to Coordinating Board review
for compliance with exemplary educational outcome statements for the designated
component area. Individual course approvals from the Coordinating Board are
not necessary to identify a course as fulfilling a core curriculum component
area requirement, as long as the course has received prior review at the institution
to ensure compliance with the relevant exemplary educational outcome statements.
All core curriculum courses in will be reviewed as part of the regular reporting
provision, and any concerns will be ironed out with the institution as part
of those regularly-scheduled reviews. No changes were made in response to
this comment.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.911, which
requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, §61.0815, which requires institutions
to report expert witnesses; Texas Education Code 61.051(g), and Texas Education
Code, §§61.821-831, which authorizes the Board to adopt rules and
establish policies and procedures for the development, adoption, implementation,
and evaluation of core curricula, field of study curricula, and a transfer
dispute resolution process; Texas Education Code, §51.307, which authorizes
the Board to adopt rules to implement the provisions of Texas Education Code, §§51.306
- 51.308 and Texas Education Code, §51.403(e), regarding Testing and
Development Education; Texas Education Code, §§29.182, 29.184, 61.027,
61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d), which provide
the Board with the authority to regulate dual credit partnerships between
public two-year associate degree-granting institutions and public universities
with secondary schools; and Texas Education Code, §61.088, which authorizes
the Board to establish rules for the organization and operation of the Texas
State Science and Engineering Fair.
§4.25.Requirements and Limitations.
(a)
Each institution of higher education shall identify in
its undergraduate catalog each lower-division course that is substantially
equivalent to an academic course listed in the current edition of the Lower
Division Academic Course Guide Manual.
(b)
Each university must offer at least 45 semester credit
hours of academic courses that are substantially equivalent to courses listed
in the Lower Division Academic Course Guide Manual including those that fulfill
the lower-division portion of the institution's Core Curriculum.
(c)
All public colleges and universities must accept transfer
of credit for successfully completed courses identified in subsections (a)
and (b) of this section as applicable to an associate or baccalaureate degree
in the same manner as credit awarded to non-transfer students in that degree
program.
(d)
Each institution shall be required to accept in transfer
into a baccalaureate degree program the number of lower-division credit hours
in the program which are allowed for their non-transfer students in that program;
however,
(1)
No institution shall be required to accept in transfer
more credit hours in the major area of a degree program than the number set
out in any applicable Board-approved Field of Study Curriculum for that program.
(2)
In any degree program for which there is no Board-approved
Field of Study Curriculum, no institution shall be required to accept in transfer
more lower-division course credit in the major applicable to a baccalaureate
degree than the institution allows their non-transfer students in that major.
(3)
An institution of higher education may deny the transfer
of credit in courses with a grade of "D" as applicable to the student's field
of study curriculum courses, core curriculum courses, or major.
(e)
All senior institutions of higher education in Texas shall
provide support services appropriate to meet the needs of transfer students.
These support services should be comparable to those provided to non-transfer
students regularly enrolled at the institutions, including an orientation
program similar to that provided for entering freshman enrollees.
(f)
No university shall be required to accept in transfer or
toward a degree program, more than sixty-six (66) semester credit hours of
lower-division academic credit. Universities, however, may choose to accept
additional credit hours.
§4.28.Core Curriculum.
(a)
In accordance with Texas Education Code, §§61.821-831,
each general academic institution, community college, and health-related institution
shall design and implement a core curriculum, including specific courses composing
the curriculum, of no less than 42 lower-division semester credit hours. Health-related
institutions should encourage their students to complete their core curriculum
requirement at a general academic institution or community college.
(b)
Each institution's core curriculum must be designed to
satisfy the exemplary educational objectives specified for the component areas
of the "Core Curriculum: Assumptions and Defining Characteristics" adopted
by the Board; all lower-division courses included in the core curriculum must
be consistent with the "Texas Common Course Numbering System," and must be
consistent with the framework identified in Charts I and II of this subsection.
Chart I specifies the minimum number of semester credit hours required in
each of five major component areas that a core curriculum must include (with
sub-areas noted in parentheses). Chart II specifies options available to institutions
for the remaining 6-12 semester credit hours.
(c)
If a student successfully completes the 42 semester credit
hour core curriculum at a Texas public institution of higher education, that
block of courses may be transferred to any other Texas public institution
of higher education and must be substituted for the receiving institution’s
core curriculum. A student shall receive academic credit for each of the courses
transferred and may not be required to take additional core curriculum courses
at the receiving institution unless the Board has approved a larger core curriculum
at that institution.
(d)
A student concurrently enrolled at more than one institution
of higher education shall follow the core curriculum requirements in effect
for the institution at which the student is classified as a degree-seeking
student.
(e)
Except as specified in subsection (f) of this section,
a student who transfers from one institution of higher education to another
without completing the core curriculum of the sending institution shall receive
academic credit within the core curriculum of the receiving institution for
each of the courses that the student has successfully completed in the core
curriculum of the sending institution. Following receipt of credit for these
courses, the student may be required to satisfy the remaining course requirements
in the core curriculum of the receiving institution.
(f)
Each student must meet the minimum number of semester credit
hours in each component area; however, an institution receiving a student
in transfer is not required to accept component core course semester credit
hours beyond the maximum specified in a core component area.
(g)
An institution may include within its core curriculum a
course or courses that combine exemplary educational objectives from two or
more component areas of the exemplary educational objectives defined in this
section.
(h)
Each institution must note core courses on student transcripts
as recommended by the Texas Association of Collegiate Registrars and Admissions
Officers (TACRAO).
(i)
Each institution must publish and make readily available
to students its core curriculum requirements stated in terms consistent with
the "Texas Common Course Numbering System."
§4.32.Field of Study Curricula.
(a)
In accordance with Texas Education Code, §61.823,
the Board approves field of study curricula for certain fields of study/academic
disciplines. Field of study curricula shall be developed with the assistance
of advisory committees whose membership includes at least a majority of members
who are teaching faculty (as defined by §4.23 (8) of this title, relating
to Definitions for Core Curriculum and Field of Study Curricula) within the
field of study under consideration.
(b)
If a student successfully completes a field of study curriculum
developed by the Board, that block of courses may be transferred to a general
academic teaching institution and must be substituted for that institution’s
lower-division requirements for the degree program for the field of study
into which the student transfers, and the student shall receive full academic
credit toward the degree program for the block of courses transferred.
(c)
A student who transfers from one institution of higher
education to another without completing the field of study curriculum of the
sending institution shall receive academic credit in the field of study curriculum
of the receiving institution for each of the courses that the student has
successfully completed in the field of study curriculum of the sending institution.
Following receipt of credit for these courses, the student may be required
to satisfy the remaining course requirements in the field of study curriculum
of the receiving institution, or to complete additional requirements in the
receiving institution’s program, as long as those requirements do not
duplicate course content already completed through the field of study curriculum.
(d)
A student concurrently enrolled at more than one institution
of higher education shall follow the field of study curriculum requirements
of the institution at which the student is classified as a degree-seeking
student.
(e)
Each institution must note field of study curriculum courses
on student transcripts as recommended by the Texas Association of Collegiate
Registrars and Admissions Officers (TACRAO).
(f)
Each institution must review and evaluate its procedures
for complying with field of study curricula at intervals specified by the
Board and shall report the results of that review to the Board. These reports
shall be submitted following the same timetable as the regular reports of
core curriculum evaluations.
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 May 7, 2003.
TRD-200302838
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.51 - 4.59
The Texas Higher Education Coordinating Board adopts new §§4.51
- 4.59 concerning general oversight of public universities, health-related
institutions, and two-year colleges (Testing and Developmental Education)
with changes to §4.55 and §4.59 of the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1712). Sections 4.51 - 4.54, 4.56 - 4.58 are being adopted
without changes. Specifically, the new rules replace existing rules being
repealed contemporaneously in this issue of the
Texas Register
by assembling the new rules into one chapter, renumbering,
and clarifying current Board rules regarding the general oversight of all
public higher education institutions.
The following comments were received regarding the sections:
Comment: The following institutions or organizations submitted comments
supporting the proposed change: Texas A&M University-Commerce.
Staff Response: Because these comments were favorable, no changes were
made.
Comment: Lamar University asked for clarification of the parenthetical
insertion of the word university in Chapter 4, §4.59, Paragraph (b),
Subsection (1).
Staff Response: Additional words (Texas public university) have been added
for clarification.
Comment: Lamar University, Chapter 4, §4.55, Paragraph (b), Subsection
10: The phrase "is exempt from TASP requirements" should be appended to the
end of the sentence.
Staff Response: This phrase would help clarify the sentence, and this change
has been made.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.911, which
requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, §61.0815, which requires institutions
to report expert witnesses; Texas Education Code, §61.051(g), and Texas
Education Code, §§61.821-831, which authorizes the Board to adopt
rules and establish policies and procedures for the development, adoption,
implementation, and evaluation of core curricula, field of study curricula,
and a transfer dispute resolution process; Texas Education Code, §51.307,
which authorizes the Board to adopt rules to implement the provisions of Texas
Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e),
regarding Testing and Development Education; Texas Education Code, §§29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, §61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair.
§4.55.Eligibility and Exemptions/Exceptions.
(a)
Eligibility
(1)
Each undergraduate student, unless otherwise exempt, who
enters an institution of higher education must be tested for reading, writing
and mathematics skills prior to enrolling in any collegiate-level coursework.
A student who has not been tested may enroll in coursework only under the
circumstances provided in §4.55(a)(2) of this title (relating to Exceptional
Circumstances), but must take a test approved for TASP purposes not later
than the end of the first semester of enrollment. If any student under this
section fails to test during the designated semester, the student will not
be permitted to re-enroll or to enroll in any institution of higher education
in any courses other than non-degree credit courses until he or she has tested.
(2)
Exceptional circumstances under which a student who has
not been tested may enroll in college-level coursework may be determined by
the institution. Exceptional circumstances include, but are not limited to:
(A)
documented illness, injury or other bonafide emergency
which prevents a student from testing;
(B)
diagnosed and documented disability for which reasonable
and appropriate accommodations could not be provided by the institution in
a timely manner;
(C)
deaf students who arrive on campus without having taken
the Stanford Achievement Test prior to enrollment may be allowed to enter
school but are required to take the Stanford at the next regularly scheduled
offering; and
(D)
after all reasonable institutional testing opportunities
have passed and additional students, through no fault of their own, have not
been tested.
(3)
Alternative test instruments approved by the Board may
be used by an institution to initially test students. The section(s) of an
alternative test that a student passes will count towards meeting TASP requirements,
and the sections failed or not attempted will subject a student to TASP requirements
and the institution's developmental education plan.
(A)
Each alternative test instrument shall be correlated with
the TASP Test in that it must be of a diagnostic nature and designed to provide
a comparison of the reading, mathematics and writing skills of the individual
student with the skills necessary for a student to perform effectively in
an undergraduate degree program.
(B)
Alternative tests are to be used only for initial testing;
the TASP Test must be used for all retakes. On completion of the developmental
coursework or program, the student shall take that portion of the TASP Test
for which developmental education was required.
(C)
The alternative tests approved by the Board are:
(i)
ASSET and COMPASS offered by ACT; and
(ii)
Multiple Assessment Programs and Services (MAPS) and ACCUPLACER
offered by The College Board
(D)
The unit costs of alternative tests shall be borne by the
student.
(4)
A high school student who has passed the exit-level assessment
required under Texas Education Code, §39.023 (TAAS) shall be encouraged
to take a test for TASP purposes while enrolled in high school unless otherwise
exempt.
(A)
A high school student who enrolls in dual credit courses
or is concurrently enrolled must take a test for TASP purposes prior to enrolling
in college-level coursework.
(B)
A high school student who fails to achieve the minimum
passing standard set by the Board may not be required to take developmental
classes while in high school, and the student may not take collegiate level
classes related to portions of the test that have not been passed. However,
high schools and colleges should encourage students who do not meet the minimum
standards to take courses while in high school to remedy any skill deficiencies.
Nothing in this subsection precludes a college from providing developmental
education courses to high school students at the request of a high school
pursuant to the provisions of Texas Education Code, §130.090(a).
(5)
Students not otherwise exempt from the provisions of this
subchapter may not graduate from a Level-Two certificate program (43-59 semester
credit hours or the equivalent), an associate degree program or baccalaureate
degree program, or enroll in any upper-division course completion of which
would give the student 60 or more college-level semester credit hours or the
equivalent (the student may continue to enroll in lower-division or non-degree
credit courses) until the student either:
(A)
passes all sections of the TASP Test (or an alternative
test on initial attempt only); or
(B)
earns a grade of "B" or better in a freshman-level credit
course in the skill area of the assessed deficiency in accordance with §4.56(d)
of this title.
(6)
After successful completion of an appropriate developmental
program, a student must retake appropriate sections of the TASP Test.
(7)
A student shall not enroll in an institution which by law
may not offer lower-division courses unless the student has passed a test
for TASP purposes or otherwise fulfilled all TASP requirements.
(8)
A student shall not enroll in upper-level programs at a
health-related institution unless the student has passed a test for TASP purposes
or otherwise fulfilled all TASP requirements.
(9)
An upper-level institution or health-related institution
that inadvertently admits a student who has not passed a test approved for
TASP purposes must take appropriate steps to ensure that the student meets
TASP requirements.
(10)
Blind students shall take a test approved for TASP purposes
with appropriate accommodations.
(11)
Deaf students shall take the Stanford Achievement Test
nationally normed on the hearing impaired population by Gallaudet University.
Other than the requirement that the student take the Stanford Achievement
Test, all provisions of these rules, including the exemptions and exceptions,
apply to deaf students. Minimum passing standards on the Stanford Achievement
Test are:
(A)
Reading Comprehension - 652 scaled score, 29 raw score;
(B)
Mathematics Total - 682 scaled score, 66 raw score;
(C)
Language Total - 662 scaled score, 37 raw score; and
(D)
Study Skills - 663 scaled score, 19 raw score.
(12)
An institution of higher education offering collegiate-level
credit to students via a Multi-Institution Teaching Center (MITC) or a university
system center, or to in-state students by distance learning delivery systems
must ensure that students meet all TASP requirements.
(b)
Exemptions/Exceptions
(1)
Any student with at least three college-level semester
credit hours or the equivalent from an accredited institution accumulated
prior to the fall of 1989 shall not be required to meet TASP requirements
regardless of any election of academic fresh start (Texas Education Code, §51.931).
Credit hours must be certified as college-level by the granting institution
but need not apply toward a degree or certificate.
(2)
A student who performs at or above a level set by the Board
on the ACT, Scholastic Assessment Test (SAT) or exit-level Texas Assessment
of Academic Skills (TAAS) shall be exempt from TASP requirements. This exemption
shall be in effect for five years from the date the ACT or SAT was taken and
for three years from the date the TAAS Test was taken. While a test may be
retaken, ACT or SAT scores meeting or exceeding the standard set by the Board
must be achieved on a single test administration. TAAS scores must meet or
exceed exemption standards on the first attempt for each section. Standards
for exemption from TASP requirements are:
(A)
ACT: composite score of 23 with a minimum of 19 on both
the English and the mathematics tests;
(B)
SAT: a combined verbal and mathematics score of 1070 with
a minimum of 500 on both the verbal and the mathematics tests; or
(C)
TAAS: a minimum scale score of 1770 on the writing test,
a Texas Learning Index (TLI) of 86 on the mathematics test and 89 on the reading
test.
(3)
An institution may exempt from TASP requirements a non-degree-seeking
or non-certificate-seeking student who will be 55 years of age or older on
the first class day of a term or semester.
(4)
A student who enrolls on a temporary basis in an institution
of higher education, and is not seeking a degree or Level-Two certificate,
and is also enrolled in a private or independent institution of higher education
or an out-of-state institution of higher education or has graduated from an
institution of higher education, a private or independent institution, or
an out-of-state institution of higher education is exempt from TASP requirements.
(5)
TASP requirements do not apply to students enrolled in
certificate programs of one year or less (Level-One certificates, 42 or fewer
semester credit hours or the equivalent) at a community or technical college.
(6)
A student who has been diagnosed as having dyslexia or
a related disorder, as those terms are defined by Texas Education Code, §38.003,
or a specific learning disability in mathematics by a qualified professional
whose license or credentials are appropriate to diagnose the disorder or disability
as determined by the Board, who takes a test for TASP purposes and completes
the developmental program prescribed by the institution may be required to
retake the TASP Test once but may not be referred to an additional developmental
course or other developmental program or precluded from enrolling in an upper-division
course or graduating because of the student's performance on the test.
(7)
A student who is a citizen of a country other than the
United States and is not seeking a degree is exempt from TASP requirements.
(8)
A student who has graduated with a baccalaureate degree
from an accredited institution of higher education is exempt from TASP requirements.
(9)
A student who transfers to an institution of higher education
from a private or out-of-state institution may use transferred courses which
are given common course numbers corresponding to those in §4.56(d)(3)
of this title (relating to Criteria for Meeting TASP Requirements) to satisfy
TASP requirements. A student must have earned a course grade of "B" or higher
in each of the three skill areas. If not, the student must be tested for the
remaining skill area(s) and must comply with all other TASP requirements.
(10)
A student who is serving on active duty as a member of
the armed forces of the United States is exempt from TASP requirements.
(11)
A student who graduates from a public high school or an
accredited private high school in any state with a grade point average of
3.5 or higher on a 4.0 scale or the equivalent and completed the recommended
or advanced high school curriculum or an equivalent or similar curriculum
at an accredited private high school or at a high school outside of Texas.
This exemption is effective only for a student who enrolls in an institution
of higher education on or before the second anniversary of the date the student
graduated from high school.
§4.59.Reporting and Funding.
(a)
Reporting
(1)
Each institution shall report annually to the Board data
concerning the results of the students being tested and the effectiveness
of the institution's developmental program and advising program.
(2)
Each institution of higher education shall report to the
Board in accordance with Texas Education Code, §51.403(e) the following
information on student performance during the first year enrolled after graduation
from high school: TASP Test scores, alternative test scores, developmental
education courses required, and grade point average.
(b)
Funding
(1)
A general academic teaching institution (Texas public university)
may not receive funding for developmental courses taken by a student in excess
of 18 semester credit hours; a public community college district or technical
college may not receive funding for developmental courses taken by a student
in excess of 27 semester credit hours or the equivalent.
(2)
All developmental hours funded by the state during the
summer of 1996 and thereafter shall be counted toward each student's total
number of developmental hours at a given institution.
(3)
English as a Second Language (ESL) hours may be used for
developmental education purposes when a student is placed in such courses
as a result of failing the reading or writing portion of the TASP Test or
an approved alternative test. However, when used for such purposes, ESL hours
shall be counted toward the 18/27 hour cap.
(c)
Audits
(1)
Each institution is responsible for full compliance with
Texas Education Code, §51.306 and the rules adopted by the Board.
(2)
Failure to comply with the TASP statute and rules or any
other act or omission that results in the accumulation of semester credit
hours or the equivalent in violation of the TASP statute and rules shall be
a basis for disallowing those credits by audit exceptions, resulting in an
adjustment of the dollar amounts of institutional funds.
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 May 7, 2003.
TRD-200302839
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.81 - 4.85
The Texas Higher Education Coordinating Board adopts new §§4.81
- 4.85 concerning general oversight of public universities, health-related
institutions, and two-year colleges (Dual Credit Partnerships Between Secondary
Schools and Texas Public Colleges) without changes to the proposed text as
published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1712). Specifically, the new rules replace
existing rules being repealed contemporaneously in this issue of the Texas
Register by assembling the new rules into one chapter, renumbering, and clarifying
current Board rules regarding the general oversight of all public higher education
institutions. The new rules consolidate current Board rules governing dual
(or concurrent course) credit for community and technical colleges and for
universities. This consolidation should help eliminate confusion for secondary
schools who engage in dual credit partnerships with public institutions. Other
changes include new definitions for the terms college and dual credit. The
term college will now refer to community and technical colleges and to universities.
The term dual credit will be used for both types of institutions instead of
the historical use of the term concurrent course credit used by community
and technical colleges. More emphasis is given to the requirement that colleges
comply with applicable Board rules and procedures for offering courses at
a distance and more emphasis is given to the requirement that a dual credit
course offered at the high school campus is equivalent to the corresponding
course offered at the college’s main campus. Provisions that allowed
for a "mixed" class (having high school credit only students and dual credit
students) are more limited. In addition, a new provision would allow students
in the high school graduating class of 2005 to enroll in dual credit courses
based on the tenth grade version of the new TAKS (Texas Assessment of Knowledge
and Skills). This is a temporary measure until the college-readiness cut score
on the eleventh grade TAKS is established in 2004.
The following comments were received regarding the sections:
Comment: We received the following comment from the Houston Community College
System - The former rules on dual credit partnerships contained the following
phrase: For technical and academic concurrent credit courses, grading criteria
should be devised to allow faculty the opportunity to award high school only
or high school and college credit depending upon student performance. That
was a valuable phrase that enabled colleges to preserve college standards
regarding student achievement in dual credit courses. When there is only ONE
grade, for college credit only, then the faculty member who wants to award
a D or F often comes under enormous pressure (by students, parents, or high
school administrators) to not fail a high school student who would then not
be eligible for high school graduation or other activities. The original phrase
was a means by which the dual credit instructor could validate that student
achievement merited a passing grade for high school, but not for college (similar
to a student passing an AP course for high school credit, but not earning
a sufficiently high score on the exam to merit college credit). True, the
single college standard should rule and the students/parents/etc. should know
that up front, but in reality, with only one grading standard allowed, there
are often significant pressures to lower that standard.
Staff Response: Since the former rules were adopted, we have received several
comments reflecting confusion over the previous requirement. Many college
faculty have expressed the opinion that since a dual credit course is a college-level
class, then students should not pass the course at the high school level if
they could not pass the course at the college level. In fact, they believed
that the practice of awarding a student different grades for high school and
college credit actually weakened the quality of their programs. In order to
ensure that a dual credit course and the corresponding course offered at the
main campus of the college are equivalent (with respect to grading criteria),
Coordinating Board staff feels the cited phrase from the previous rules should
remain deleted. No changes were made in response to the comment.
Comment: The following institutions or organizations submitted comments
supporting the proposed change: Texas A&M University-Commerce
Staff Response: Because these comments were favorable, no changes were
made.
Comment: Lamar University asked about the following rule: Chapter 4, §4.85,
Paragraph (I), Subsection (3): Does this mean a technical college, state college,
or public university cannot scholarship one or all of the dual enrollment
students?
Staff Response: The rule states that only community colleges may waive
tuition and fees for students taking dual credit courses. However, a technical
college, state college, or public university could offer an applicable scholarship
to a student taking a dual credit course as long as the tuition was paid through
the scholarship. No changes were made in response to this comment.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.911, which
requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, §61.0815, which requires institutions
to report expert witnesses; Texas Education Code, §61.051(g), and Texas
Education Code, §§61.821-831, which authorizes the Board to adopt
rules and establish policies and procedures for the development, adoption,
implementation, and evaluation of core curricula, field of study curricula,
and a transfer dispute resolution process; Texas Education Code, §51.307,
which authorizes the Board to adopt rules to implement the provisions of Texas
Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e),
regarding Testing and Development Education; Texas Education Code, §§29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, §61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair.
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 May 7, 2003.
TRD-200302840
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.101 - 4.108
The Texas Higher Education Coordinating Board adopts new §§4.101
- 4.108 concerning general oversight of public universities, health-related
institutions, and two-year colleges (Approval of Distance Education and Off-Campus
Instruction for Public Colleges and Universities) with changes to §4.103
of the proposed text as published in the February 28, 2003 issue of the
The following comments were received regarding the sections:
Comment: The following institutions or organizations submitted comments
supporting the proposed change: Texas A&M University-Commerce
Staff Response: Because these comments were favorable, no changes were
made.
Comment: Southwest Texas State University notified us that under the Definitions
sections in Chapter 4 sometimes the definition is Texas Higher Education Coordinating
Board and sometimes it is Texas Higher Education Board.
Staff Response: Changes were made accordingly to make the definitions consistent
by referring to our agency as the Texas Higher Education Coordinating Board.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.911, which
requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, §61.0815, which requires institutions
to report expert witnesses; Texas Education Code, §61.051(g), and Texas
Education Code, §§61.821-831, which authorizes the Board to adopt
rules and establish policies and procedures for the development, adoption,
implementation, and evaluation of core curricula, field of study curricula,
and a transfer dispute resolution process; Texas Education Code, §51.307,
which authorizes the Board to adopt rules to implement the provisions of Texas
Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e),
regarding Testing and Development Education; Texas Education Code, §§29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, §61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair.
§4.103.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education.
(3)
Distance education--Instruction in which the majority of
the instruction occurs when the student and instructor are not in the same
physical setting. A class is considered a distance education class if students
receive more than one-half of the instruction at a distance. Distance education
can be delivered synchronously or asynchronously to any single or multiple
location(s):
(A)
Other than the "main campus" of a senior institution (or
"on campus"), where the primary office of the chief executive officer of the
campus is located;
(B)
Outside the boundaries of the taxing authority of a public
community/junior college district; or
(C)
Via instructional telecommunications to any other distant
location, including electronic delivery of all types.
(4)
Institutional Plan--A long-term plan describing how an
institution seeking authority to offer distance education and off-campus instruction
will ensure quality and resources in providing such instruction, based on
Board-adopted Guidelines for Institutional Plans.
(5)
Instructional Telecommunications--Electronic telecommunication
technology systems employed to deliver distance education instruction.
(6)
Off-Campus--Instruction in which one-half or more of the
instruction is delivered with the instructor and student in the same physical
location and which meets one of the following criteria: for senior institutions,
Lamar state colleges, or public technical colleges, off-campus locations are
locations away from the main campus; for public community/junior colleges,
off-campus locations are locations outside the taxing district.
(7)
Program--Any certificate or degree program offered by a
public institution of higher education.
(8)
Regional Council--A cooperative arrangement among representatives
of all public and independent higher education institutions within a Uniform
State Service Region.
(9)
Senior institution--Public universities, health science
centers and health-related institutions. All provisions of this subchapter
relating to universities or to "senior institutions" also apply to health
science centers and health-related institutions.
(10)
Service area--The territory served by a public community/junior
college district as defined in Texas Education Code, Subchapter J (relating
to Junior College District Service Area).
(11)
Special professional--First professional degree programs,
such as law, pharmacy, optometry, dentistry, medicine and veterinary medicine.
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 May 7, 2003.
TRD-200302841
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§4.131 - 4.135
The Texas Higher Education Coordinating Board adopts new §§4.131
- 4.135 concerning general oversight of public universities, health-related
institutions, and two-year colleges (Texas State Science and Engineering Fair)
without changes to the proposed text as published in the February 28, 2003
issue of the
Texas Register
(28 TexReg 1712).
Specifically, the new rules replace existing rules being repealed contemporaneously
in this issue of the
Texas Register
by assembling
the new rules into one chapter, renumbering, and clarifying current Board
rules regarding the general oversight of all public higher education institutions.
The following comments were received regarding the sections:
Comment: The following institutions or organizations submitted comments
supporting the proposed change: Texas A&M University-Commerce
Staff Response: Because these comments were favorable, no changes were
made.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.911, which
requires institutions of higher education to allow absences for religious
holy days; Texas Education Code, §61.0815, which requires institutions
to report expert witnesses; Texas Education Code, §61.051(g), and Texas
Education Code, §§61.821-831, which authorizes the Board to adopt
rules and establish policies and procedures for the development, adoption,
implementation, and evaluation of core curricula, field of study curricula,
and a transfer dispute resolution process; Texas Education Code, §51.307,
which authorizes the Board to adopt rules to implement the provisions of Texas
Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e),
regarding Testing and Development Education; Texas Education Code, §§29.182,
29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d),
which provide the Board with the authority to regulate dual credit partnerships
between public two-year associate degree-granting institutions and public
universities with secondary schools; and Texas Education Code, §61.088,
which authorizes the Board to establish rules for the organization and operation
of the Texas State Science and Engineering Fair.
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 May 7, 2003.
TRD-200302842
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§5.1 - 5.12
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.1 - 5.12 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (General Provisions)
without changes to the proposed text as published in the February 28, 2003
issue of the
Texas Register
(28 TexReg 1729).
Specifically, the rules adopted for repeal cover a wide variety of topics.
To provide better organization and to increase clarity, these rules are being
reorganized into several new chapters, except for §§5.370 - 5.376
regarding the Medical and Health Professional Recruitment Fund. These sections
are being eliminated because the program was never implemented or funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302871
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.21 - 5.29
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.21 - 5.29 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Criteria for Approval
of New Baccalaureate Degree Programs) without changes to the proposed text
as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1729). Specifically, the rules adopted for
repeal cover a wide variety of topics. To provide better organization and
to increase clarity, these rules are being reorganized into several new chapters,
except for §§5.370 - 5.376 regarding the Medical and Health Professional
Recruitment Fund. These sections are being eliminated because the program
was never implemented or funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302872
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.41 - 5.49
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.41 - 5.49 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Criteria for Approval
of New Master's Degree Programs) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1731). Specifically, the rules adopted for repeal cover
a wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302873
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.61 - 5.74
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.61 - 5.74 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Criteria for Approval
of New Doctoral Degree Programs) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1731). Specifically, the rules adopted for repeal cover
a wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302874
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.91 - 5.101
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.91 - 5.101 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Presentation of Request
for New Academic Degree Programs) without changes to the proposed text as
published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1732). Specifically, the rules adopted for
repeal cover a wide variety of topics. To provide better organization and
to increase clarity, these rules are being reorganized into several new chapters,
except for §§5.370 - 5.376 regarding the Medical and Health Professional
Recruitment Fund. These sections are being eliminated because the program
was never implemented or funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302875
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.111 - 5.113
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.111 - 5.113 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Presentation of Request
for Administrative Changes) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1733). Specifically, the rules adopted for repeal cover
a wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302876
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.131 - 5.134
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.131 - 5.134 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Approval of Less-than-Baccalaureate
Programs in Senior Institutions) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1734). Specifically, the rules adopted for repeal cover
a wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302877
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.151 - 5.157
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.151 - 5.157 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Approval of Distance
Education and Off-Campus Instruction for Public Colleges and Universities)
without changes to the proposed text as published in the February 28, 2003
issue of the
Texas Register
(28 TexReg 1734).
Specifically, the rules adopted for repeal cover a wide variety of topics.
To provide better organization and to increase clarity, these rules are being
reorganized into several new chapters, except for §§5.370 - 5.376
regarding the Medical and Health Professional Recruitment Fund. These sections
are being eliminated because the program was never implemented or funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302878
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.170 - 5.174
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.170 - 5.174 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Texas State Science
and Engineering Fair) without changes to the proposed text as published in
the February 28, 2003 issue of the
Texas Register
(28 TexReg 1735). Specifically, the rules adopted for repeal cover
a wide variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302879
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.211 - 5.225
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.211 - 5.225 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Private and Out-of-State
Public Degree-Granting Institutions Operating in Texas) without changes to
the proposed text as published in the February 28, 2003 issue of the
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302880
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.241 - 5.246
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.241 - 5.246 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Operation of Off-Campus
Educational Units of Senior Colleges and Universities) without changes to
the proposed text as published in the February 28, 2003 issue of the
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302881
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.260 - 5.263
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.260 - 5.263 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Dual Credit Partnerships
Between Secondary Schools and Texas Public Universities) without changes to
the proposed text as published in the February 28, 2003 issue of the
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302882
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.281 - 5.285
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.281 - 5.285 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Guidelines on Approval
of Course Inventories for Public Senior Institutions) without changes to the
proposed text as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1738). Specifically, the rules adopted for
repeal cover a wide variety of topics. To provide better organization and
to increase clarity, these rules are being reorganized into several new chapters,
except for §§5.370 - 5.376 regarding the Medical and Health Professional
Recruitment Fund. These sections are being eliminated because the program
was never implemented or funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302883
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §5.301, §5.302
The Texas Higher Education Coordinating Board adopts the
repeal of §5.301 and §5.302 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Offering of Small Classes
by Public Senior Colleges and Universities) without changes to the proposed
text as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1738). Specifically, the rules adopted for
repeal cover a wide variety of topics. To provide better organization and
to increase clarity, these rules are being reorganized into several new chapters,
except for §§5.370 - 5.376 regarding the Medical and Health Professional
Recruitment Fund. These sections are being eliminated because the program
was never implemented or funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302884
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.311 - 5.318
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.311 - 5.318 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Testing and Developmental
Education) without changes to the proposed text as published in the February
28, 2003 issue of the
Texas Register
(28 TexReg
1739). Specifically, the rules adopted for repeal cover a wide variety of
topics. To provide better organization and to increase clarity, these rules
are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302885
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.350 - 5.353
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.350 - 5.353 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Institutional Mission
Statements) without changes to the proposed text as published in the February
28, 2003 issue of the
Texas Register
(28 TexReg
1740). Specifically, the rules adopted for repeal cover a wide variety of
topics. To provide better organization and to increase clarity, these rules
are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302886
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.370 - 5.376
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.370 - 5.376 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Medical and Health Professions
Recruitment Fund) without changes to the proposed text as published in the
February 28, 2003 issue of the
Texas Register
(28
TexReg 1740). Specifically, the rules adopted for repeal cover a wide variety
of topics. To provide better organization and to increase clarity, these rules
are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302887
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.390 - 5.393, 5.400 - 5.405
The Texas Higher Education Coordinating Board adopts the
repeal of §§5.390 - 5.393 and §§5.400 - 5.405 concerning
program development in public universities, health-related institutions, and
two-year colleges and private and out-of-state public degree granting institutions
(Core Curriculum Transfer and Field of Study Curricula) without changes to
the proposed text as published in the February 28, 2003 issue of the
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302888
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §5.420, §5.421
The Texas Higher Education Coordinating Board adopts the
repeal of §5.420 and §5.421 concerning program development in public
universities, health-related institutions, and two-year colleges and private
and out-of-state public degree granting institutions (Tobacco Lawsuit Settlement
Funds) without changes to the proposed text as published in the February 28,
2003 issue of the
Texas Register
(28 TexReg
1742). Specifically, the rules adopted for repeal cover a wide variety of
topics. To provide better organization and to increase clarity, these rules
are being reorganized into several new chapters, except for §§5.370
- 5.376 regarding the Medical and Health Professional Recruitment Fund. These
sections are being eliminated because the program was never implemented or
funded.
No comments were received regarding the repeal of these sections.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 8, 2003.
TRD-200302889
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§5.1 - 5.7
The Texas Higher Education Coordinating Board adopts new §§5.1-5.7
concerning academic policies affecting public universities and/or health-related
institutions (General Provisions) without changes to the proposed text as
published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1742). Specifically, these new sections replace
existing sections being repealed contemporaneously in this issue of the Texas
Register by assembling into one chapter, renumbering, and clarifying current
rules affecting public universities and health-related institutions.
The following comment was received regarding the new rules:
Comment: Lamar University asked the following question regarding §5.5(c):
Am I correct that students admitted under this rule may still be TASP restricted?
Staff Response: Students under this rule can still be TASP restricted.
No changes were made in response to this comment.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §§61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
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 May 8, 2003.
TRD-200302867
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.21 - 5.26
The Texas Higher Education Coordinating Board adopts new §§5.21-5.26
concerning academic policies affecting public universities and/or health-related
institutions (Role and Mission, Tables of Programs, Course Inventories) without
changes to the proposed text as published in the February 28, 2003 issue of
the
Texas Register
(28 TexReg 1742). Specifically,
these new sections replace existing sections being repealed contemporaneously
in this issue of the
Texas Register
by assembling
into one chapter, renumbering, and clarifying current rules affecting public
universities and health-related institutions.
There were no comments received regarding these new rules.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §§61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
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 May 8, 2003.
TRD-200302868
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.41 - 5.50
The Texas Higher Education Coordinating Board adopts new §§5.41-5.50
concerning academic policies affecting public universities and/or health-related
institutions (Approval of New Academic Programs and Administrative Changes
at Public Universities and/or Health-Related Institutions) with changes to §5.48(d)(2)(B)
of the proposed text as published in the February 28, 2003 issue of the
There were no comments received regarding these new rules.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §§61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
§5.48.Criteria for Certificate Programs at Universities and Health-Related Institutions.
(a)
Universities and health-related institutions are encouraged
to develop upper-division and graduate certificate programs of less than degree
length to meet the needs of students and the workforce. These rules are intended
to provide a streamlined process for approval of those programs.
(b)
Certificate programs for which no academic credit is granted
are exempt from the provisions of this section.
(c)
Certificate programs for which academic credit is granted
at universities and health-related institutions must meet the following criteria:
(1)
They must meet identified workforce needs or provide the
student with skills and/or knowledge that shall be useful for their lives
or careers.
(2)
They must be consistent with the standards of the Commission
on Colleges of the Southern Association of Colleges and Schools.
(3)
They must meet the standards of all relevant state agencies
or licensing bodies which have oversight over the certificate program or graduate.
(4)
Adequate financing must be available to cover all new costs
to the institution five years after the implementation of the program.
(d)
The following certificate programs do not require Board
approval:
(1)
certificate programs for which no collegiate academic credit
is given,
(2)
certificate programs in areas and at levels authorized
by the table of programs of the institution with curricula of the following
length:
(A)
at the undergraduate level of 20 semester credit hours
or less,
(B)
at the graduate and professional level of 15 semester credit
hours or less.
(e)
The following certificate programs require only Board notification
and are automatically approved, subject to review:
(1)
upper-level undergraduate certificates of 21-36 hours in
disciplinary areas where the institution already offers an undergraduate degree
program.
(2)
graduate-level and professional certificates of 16 - 29
hours in disciplinary areas where the institution already offers a graduate
program at the same level as the certificate.
(f)
Lower-division certificate programs.
(1)
One and two-year, post-secondary workforce education programs
should be delivered primarily by community, state, and technical colleges.
These institutions are uniquely suited by virtue of their specialized mission,
local governance, and student support services to provide such opportunities
in an efficient and economical manner. For that reason, new lower-division
certification programs shall not generally be approved at public universities
and health-related institutions.
(2)
Universities and health-related institutions should not
develop certificate programs at the upper or graduate level that are equivalent
to lower-division certificate programs offered at community, state, and technical
colleges.
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 May 8, 2003.
TRD-200302869
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§5.71 - 5.73, 5.76, 5.78
The Texas Higher Education Coordinating Board adopts new §§5.71,
5.72, 5.73, 5.76, and 5.78 concerning academic policies affecting public universities
and/or health-related institutions (Operation of Off-Campus Educational Units
of Public Senior Colleges, Universities and Health-Related Institutions) with
changes to §§5.71, 5.73, 5.76, 5.78 of the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1742). Section 5.72 is being adopted without changes. Specifically,
these new sections replace existing sections being repealed contemporaneously
in this issue of the
Texas Register
by assembling
into one chapter, renumbering, and clarifying current rules affecting public
universities and health-related institutions. Over time, rules have been developed
with definitions and procedures for different types of off-campus educational
units. These differences make unnecessary and confusing distinctions between
types of off-campus educational units. A consolidation of off-campus education
unit rules is adopted to clarify Board requirements and is the result of a
complete review, rewriting, and restructuring of current Board rules affecting
these units. The adopted rules for this section: retain and make more explicit
the special nature of the supply/demand pathway concept; combine rules dealing
with specific types of off-campus units into a single listing for all types;
remove from the rules and place in Board policies procedural statements on
the application process and timeline for establishment of off-campus educational
units; and require approval of the Board for classification of certain types
of off-campus educational units and for specific designation of whether a
unit is on the supply/demand pathway model.
The following comments were received regarding the new rules:
Comment: Texas Tech University raised a number of issues related to the
clarity of definitions and requirements related to higher education centers
and teaching sites in Subchapter D.
Staff Response: Responses to specific comments are detailed below, but
these comments also lead us to reorganize Subchapter D, moving material in §5.74
related to definitions of types of off-campus administrative units to the
main definition section, §5.73, and moving material in §5.74 related
to general principles for off-campus educational units to §5.76, which
presents those principles. The details of the reorganization of §5.74
are as follows:
§5.74(a) describing the purpose of off-campus educational units was
incorporated into §5.76(a) and (b).
§5.74(b)(1), the definition of a higher education teaching site, was
moved to §5.73, becoming §5.73(12).
§5.74(b)(2), the definition of a higher education center, was moved
to §5.73, becoming §5.73(6).
§5.74(b)(2)(A) on library principles was moved to §5.76(c)(4).
§5.74(b)(2)(B) on the head of a higher education center was moved
to §5.76(k).
§5.74(b)(2)(C) and (D) on technology standards were moved to §5.76(c)(3).
§5.74(b)(2)(E) on faculty standards was moved to §5.76(g)(5).
§5.74(b)(2)(F) and (G) on the center name and center continuance were
moved to §5.76(l).
§5.74(b)(3), the definition of a branch campus, was moved to §5.73,
becoming §5.73(2).
Comment: Texas Tech University asked that a definition of Higher Education
Center be added.
Staff Response: A definition was added as requested. Definitions of branch
campus, special purpose campus, and recognized higher education teaching site
were added for clarity, as well.
Comment: Texas Tech University asked why the definition of "teaching site"
excluded locations where courses or programs are delivered to cohort(s) only.
Staff Response: The reference was removed from the definition of a teaching
site.
Comment: An informal question was asked about whether off-campus educational
centers can offer lower-division courses.
Staff Response: To clarify, staff has added the following provision to §5.76(c)(2):
In general, off-campus educational units are not intended to offer lower-division
courses. Lower-division courses can only be offered in accordance with Chapter
4.101-4.108 of this title and related Board procedures.
Comment: Comments were received on two faculty-related provisions. Texas
Tech University questioned the constraints on hiring full-time faculty in
off-campus programs that have fewer than 75 enrollments (§5.74(b)(2)(E)).
Both the University of North Texas and TTU noted the inconsistency in §5.76(i)
which prohibits permanent commitment to faculty at off-campus educational
units, but requires that the majority of faculty have prior or continuing
significant involvement with the parent institution.
Staff Response: Faculty-related provisions for all types of off-campus
educational units have been placed in §5.76(g). Faculty and enrollments
are now linked through a less prescriptive statement that reflects the intent
of the 75 enrollments. The section now reads: Programs offered by an off-campus
educational unit’s own faculty should have enrollments sufficient to
support efficient operations. The commitment to faculty section has been changed
to read: The parent institution should not make a permanent commitment to
faculty exclusively working at a teaching site or center, unless the faculty
will be transferred to the parent institution should their program be eliminated
or consolidated. The wording excludes Regional Academic Health Centers (RAHCs)
and branch campuses from this provision.
Comment: TTU requested further clarification of the role of research at
off-campus educational units.
Staff Response: Research conducted at off-campus educational units should
be tied to and a function of the courses and programs offered. Research should
be conducted only if the on-campus version of a program requires it. The following
statement was added to §5.76(c)(1): Research conducted at off-campus
educational units should be limited to that necessary for the courses and
programs offered.
Comment: Several commenters asked about the requirement in §5.74(b)(2)(B)
that centers be headed by a dean or executive director.
Staff Response: §5.74(b)(2)(B) stating that centers be headed by a
dean or executive director was moved to §5.76(k). The wording of this
section was changed to retain the concept that a single individual should
lead each center, but to give greater flexibility as to the position held
by that person. The rule now reads that a center should lead by an appropriate
administrator whose title does not suggest that the unit is an independent
institution.
Comment: UNT suggested that the definition governing students who could
be counted by a center be expanded to include Internet students who are required
to report to campus for a portion of their course, such as orientation, testing,
or review.
Staff Response: Staff believes that the method of counting students for
the pathway model should primarily be a way of determining the local demand
at a center for higher education services. The count is used, after all, to
determine whether local demand has reached the threshold that would justify
the creation of a new upper-level university. For that reason, we believe
that the count should primarily reflect students who are physically present
taking classes at the center. Students in internet-based courses who are required
to report to a campus for an orientation, testing, or review, would not be
appropriate to count since the majority of their support could very likely
be non-campus-based. In addition, staff believes that counting such students
toward Pathway thresholds would be inconsistent with the Board’s general
intentions regarding the Pathway model. No changes were made in response to
this comment.
Comment: TTU commented on clarification about how existing off-campus educational
facilities owned by institutions will be treated and about permissible forms
of local facility support.
Staff Response: §5.76 (f) has been changed to add that off-campus
facilities must be in compliance with Chapter 17 (Campus Planning) of CB rules.
Subchapter D is not intended to address facilities issues.
Comment: TTU asked whether there are regulatory and functional differences
between being on the Supply/Demand Pathway and not being on it.
Staff Response: §5.76(b) states that the Commissioner shall make policies
concerning how a location receives designation for a specific type of educational
unit. These policies will address regulatory and functional distinctions.
No changes were made in response to this comment.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §§61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
§5.71.Purpose.
The provisions of this subchapter define off-campus educational units,
establish criteria and procedures applicable to the classification, authorization,
operation, and reclassification of these units and establish the supply/demand
pathway as a developmental approach to providing access which allows for the
gradual increase of resources as demand grows. The provisions of this subchapter
are applicable to all units of public senior colleges, universities and health-related
institutions which offer instruction for credit but are geographically separate
from their institutions’ main campuses.
§5.73.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Branch campus--A major, secondary location of an institution
offering multiple programs, usually with its own administrative structure
and usually headed by a Dean. A branch campus must be established by the Legislature
or approved by the Coordinating Board.
(3)
Commissioner--The Commissioner of Higher Education.
(4)
FICE--Identification number assigned to each institution
by the Federal Interagency Committee on Education for reporting and other
purposes.
(5)
FTSE--The full-time student equivalent is determined by
dividing the number of semester credit hours (SCH) generated at each level
by a full-time standard for the level. For example: undergraduate SCH are
divided by 15 (fall or spring semester) or 30 (annual); master’s or
first-professional SCH are divided by 12 (fall or spring semester) or 24 (annual);
and doctoral SCH are divided by 9 (fall or spring semester) or 18 (annual).
(6)
Higher education center--A Multi-Institutional Teaching
Center, University System Center, or single institution center established
by the Legislature or approved by the Coordinating Board for the specific
purpose of offering academic credit courses and programs from the parent institution(s).
Higher education centers are of a larger size and offer a broader array of
courses and programs than higher education teaching sites. They have minimal
administration and (usually) locally provided facilities.
(7)
Higher education teaching site- An off-campus teaching
location that promotes access in an area not served by other public universities.
Teaching sites offer a very limited array of courses and/or programs and do
not entail a permanent commitment for continued service. Teaching sites may
not own facilities, nor are they eligible for state support to acquire or
build facilities. Teaching sites do not require Board approval or recognition.
(8)
Multi-Institution Teaching Center (MITC)--A higher education
center administered under a formal agreement between two or more public higher
education institutions. It may also involve one or more private institutions.
It has minimal administration and locally provided facilities.
(9)
Off-campus educational unit--A subdivision under the management
and control of an existing public university, university system, health-related
institution or a combination of these units, hereinafter referred to as the
parent institution(s), in a geographic setting separate from the parent institution(s).
Off-campus education units include teaching sites, higher education centers,
university system centers, Multi-Institutional Teaching Centers, regional
academic health centers, branch campuses, and all other off-campus educational
endeavors.
(10)
Parent institution--The general academic institution or
health-related institution that offers its courses, programs or training at
an off-campus educational unit. Credit hours are reported by the parent institution
and degrees are awarded in the name of the parent institution.
(11)
Pathway Education Center--A higher education center that
is on the Supply/Demand Pathway.
(12)
Recognized higher education teaching site--A higher education
teaching site that is recognized by the Coordinating Board and is included
in the Coordinating Board’s inventory of statewide teaching sites.
(13)
Regional Academic Health Center (RAHC)--A special purpose
campus of parent health-related institution(s) that may be used to provide
undergraduate clinical education, graduate education, including residency
training programs, or other levels of medical education in specifically identified
counties.
(14)
Special Purpose Campus--A major, secondary location of
an institution offering programs related to specific and limited field(s)
of study, usually with its own administrative structure and usually headed
by a Dean. Regional Academic Health Centers are considered special-purpose
campuses. Special Purpose Campuses must be established by the Legislature
or approved by the Coordinating Board.
(15)
Supply/Demand Pathway--The Supply/Demand Pathway is a
developmental approach to providing access which allows for the gradual increase
of resources as demand grows, operating under the principle of avoiding over-commitment
as well as under-commitment of state resources.
(16)
Texas CIP Classification System--The Texas adaptation
of the Classification of Instructional Programs taxonomy developed by the
National Center for Education Statistics. The CIP system is used to classify
instructional programs and report educational data.
(17)
University System Center--A higher education center administered
by a university system or individual institution in a system. It has minimal
administration and locally provided facilities.
§5.76.General Principles for Off-Campus Educational Units.
(a)
An off-campus educational unit is not a separate general
academic institution and therefore is not independent as regards academic,
administrative, and fiscal matters, but has varying degrees of dependence
upon the parent institution in such matters.
(b)
The general purpose of off-campus educational units of
all sizes is to meet the education needs of the people of Texas with a level
of service that is appropriate for the area and cost effective to offer. Their
specific purpose is directly related to the teaching of courses for academic
credit from the parent institution(s) and/or for health professions’
medical training.
(c)
Off-campus educational units are not intended to duplicate
the full array and types of offerings available at regular general academic
campuses. The intent is to:
(1)
Focus on teaching and on delivery of high demand courses
and programs. Research conducted at off-campus educational units should be
limited to that necessary for the courses and programs offered.
(2)
Develop articulation agreements with community colleges
in the area for provision of lower-division courses. In general, off-campus
educational units are not intended to offer lower-division courses. Lower-division
courses can only be offered in accordance with Chapter 4.101-4.108 of this
title, relating to Approval of Distance Education and Off-Campus Instruction
for Public Colleges and Universities, and related Board procedures.
(3)
Make extensive use of technology to limit the number of
faculty required for the location and take full advantage of technological
advances that promise to improve quality of learning, access to programs,
and efficient use of existing resources. An off-campus educational unit shall
meet the Board’s technology standards.
(4)
Libraries shall be models of the effective use of technology
in libraries and depend heavily on the TexShare electronic resource sharing
efforts.
(d)
Degree programs offered at off-campus educational units
must be offered by and in the name of the parent institution(s).
(1)
No program may be offered at an off-campus educational
unit that does not have prior approval to be offered at the parent institution,
except under unusual and approved circumstances.
(2)
The Board must be notified of programs offered at off-campus
educational units. The Board shall maintain a list of these degree programs
and make that list readily available to the public. The Board reserves the
right to order the discontinuance of programs offered at off-campus educational
units in accordance with standard Board policies and procedures.
(3)
The parent institution must commit to providing a program
long enough for a student to have a reasonable opportunity to graduate before
the resource is withdrawn or to make other reasonable arrangements for students
to complete programs that they have started.
(e)
Off-campus educational units shall adhere to quality and
approval criteria regarding courses, programs, student services and other
academic matters contained in §§4.101-4.108 of this title (relating
to Approval of Distance Education and Off-Campus Instruction for Public Colleges
and Universities) and in the (Notification and Approval Procedures for Distance
Education and Off-Campus Programs and Courses and Guidelines for Institutional
Plans for Distance Education and Off-Campus Instruction located in Board policies).
(f)
Off-campus educational units shall use locally provided
facilities, where possible. Except where specifically authorized by the Legislature
or the Board, nothing in these sections is to be interpreted as permitting
the acquisition by gift or purchase of real property for the purpose of establishing
or operating an off-campus educational unit. The facilities of off-campus
educational units shall comply with Chapter 17 of this title, relating to
Campus Planning.
(g)
The following faculty-related provisions apply to all off-campus
educational units:
(1)
The majority of faculty members at an off-campus educational
unit must, by some means, have significant involvement with the parent institution.
(2)
Faculty must comply with the provision of §§4.101-
4.108 of this title and related Board policies.
(3)
Faculty must be hired and evaluated by the same processes
and with the same criteria as faculty performing similar duties at the parent
institution.
(4)
The parent institution should not make a permanent commitment
to faculty exclusively working at a teaching site or center, unless the faculty
will be transferred to the parent institution should their program be eliminated
or consolidated.
(5)
Programs offered by an off-campus educational unit’s
own faculty should have enrollments sufficient to support efficient operations.
(h)
An off-campus educational unit is financially dependent
upon its parent institution(s) and supported within the budget of the institution(s).
It is not eligible to request separate legislative funding. Institutions should
not overcommit resources to a geographic area before a sufficient and sustained
level of demand is achieved. Formula generated funds earned at an off-campus
educational unit are expected to be applied to financing its operation.
(i)
The Commissioner shall establish policies concerning how
a location receives designation as a specific type of off-campus educational
unit and how to expand educational activities.
(j)
Courses offered at off-campus educational units must be
reported separately and accurately in required Board reports. Semester credit
hours completed at the unit must be reported appropriately by the parent institution(s)
and shall be funded as determined by the Legislature.
(k)
An off-campus educational unit shall be headed by an appropriate
administrator whose title does not suggest that the unit is an independent
institution. The number of local administrators and faculty shall be less
than that at a free standing general academic institution of comparable size.
Additional administrative and academic program support shall be provided by
the parent institution(s) and the system(s).
(l)
A higher education center’s name must be approved
by the Board, and may not be changed without prior Board approval. Recognition
of a higher education center may be withdrawn by the Board.
§5.78.Supply/Demand Pathway.
(a)
The Board has developed the Supply/Demand Pathway as a
particular way to address anticipated large-scale enrollment demand in a specified
region. The Supply/Demand Pathway shall be used as the model to address higher
education needs in areas without ready geographic access to existing public
higher education institutions. The general principles set forth in §5.76
of this title (relating to General Principles for Off-Campus Educational Units)
are even more significant in regard to the larger scale efforts designated
as Supply/Demand Pathway initiatives.
(b)
An off-campus educational unit is on the "Pathway" when
it is awarded that designation by the Board.
(c)
The supply/demand pathway consists of three categories:
(1)
Category A. Institutions temporarily test the market both
in terms of demand and staying power by providing off-campus courses and/or
programs by one or more institutions. Should demand decrease or not materialize,
courses and programs can be discontinued and resources moved to areas of greater
demand.
(2)
Category B. As demand increases, offerings may be organized
through a multi-institution teaching center or as a university system center
as a Pathway Education Center. A group of institutions may request that the
Board authorize the establishment of a MITC. Alternatively, a university system
may request that the Board authorize the establishment of a university system
center. In either case, a lead institution should be designated to provide
leadership for the center and facilitate the provision of programs and resources
from other institutions.
(3)
Category C. After an entity in Category B has attained
a full-time equivalent upper-level and graduate enrollment of 3,500 for four
fall semesters, the parent institution(s) and Board(s) of Regents may request
that the Board review the status of the center and recommend that the Legislature
reclassify the unit as an upper-level general academic institution- -a university.
Reclassification may be considered sooner if the center attains a fall semester
full-time equivalent enrollment of 3,500 followed the next fall semester by
a full-time equivalent enrollment of 4,000. The 3,500 FTSE standard approximates
the headcount enrollment included in the current university funding formula
as the minimum size needed to achieve economies of scale.
(d)
Reporting. Institutions will report enrollments at centers
on the pathway and all off-campus educational units according to guidelines
set up by the Commissioner. For the purpose of establishing the need for a
new institution of higher education and meeting the enrollment threshold of
3,500 FTE students established in paragraph (3) of this section, internet-based
courses and other courses offered in non-traditional formats that do not require
the physical presence of the student at the center for a normal number of
contact hours will not generally be counted. Exceptions to this general rule
may be allowed if prior agreements are made with the Commissioner, but such
exceptions will generally only be made for courses that are substantially
supported from the center and represent a significant on-going educational
need that can most effectively be served from the center.
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 May 8, 2003.
TRD-200302870
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 28, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter A. FAMILY PRACTICE RESIDENCY PROGRAM
19 TAC §§6.1 - 6.10
The Texas Higher Education Coordinating Board adopts new §§6.1
- 6.10 concerning certain health-related education and research programs (Family
Practice Residency Program) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1754). Specifically, these new sections replace existing
sections being repealed contemporaneously in this issue of the
Texas Register
by reorganizing and clarifying the rules regarding the
Family Practice Residency Program, the Graduate Medical Education Program,
and the Tobacco Settlement Funds Program. Substantive changes to the Family
Practice Residency Program and the Graduate Medical Education Program include
authorizing the Commissioner to make grant awards and report to the Board
these awards. Funding procedures are also established for these programs.
No substantive changes are made to the Tobacco Settlement Funds Program.
No comments were received regarding the new rules.
The new sections are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.503,
which provides the Board with the authority to adopt rules the Family Practice
Residency Program, Texas Education Code, §61.0594, which authorizes the
Board to administer the Graduate Medical Education Program, and Texas Education
Code, §63.202(c) and 63.302(c), which provides the Board with the authority
to adopt rules for the Tobacco Settlement Funds Program.
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 May 9, 2003.
TRD-200302897
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§6.51 - 6.56
The Texas Higher Education Coordinating Board adopts new §§6.51
- 6.56 concerning certain health-related education and research programs (Graduate
Medical Education Program) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1755). Specifically, these new sections replace existing
sections being repealed contemporaneously in this issue of the
Texas Register
by reorganizing and clarifying the rules regarding the
Family Practice Residency Program, the Graduate Medical Education Program,
and the Tobacco Settlement Funds Program. Substantive changes to the Family
Practice Residency Program and the Graduate Medical Education Program include
authorizing the Commissioner to make grant awards and report to the Board
these awards. Funding procedures are also established for these programs.
No substantive changes are made to the Tobacco Settlement Funds Program.
No comments were received regarding the new rules.
The new sections are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.503,
which provides the Board with the authority to adopt rules the Family Practice
Residency Program, Texas Education Code, §61.0594, which authorizes the
Board to administer the Graduate Medical Education Program, and Texas Education
Code, §§63.202(c) and 63.302(c), which provides the Board with the
authority to adopt rules for the Tobacco Settlement Funds Program.
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 May 9, 2003.
TRD-200302898
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§6.71 - 6.74
The Texas Higher Education Coordinating Board adopts new §§6.71
- 6.74 concerning certain health-related education and research programs (Tobacco
Lawsuit Settlement Funds) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1756). Specifically, these new sections replace existing
sections being repealed contemporaneously in this issue of the
Texas Register
by reorganizing and clarifying the rules regarding the
Family Practice Residency Program, the Graduate Medical Education Program,
and the Tobacco Settlement Funds Program. Substantive changes to the Family
Practice Residency Program and the Graduate Medical Education Program include
authorizing the Commissioner to make grant awards and report to the Board
these awards. Funding procedures are also established for these programs.
No substantive changes are made to the Tobacco Settlement Funds Program.
No comments were received regarding the new rules.
The new sections are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.503,
which provides the Board with the authority to adopt rules the Family Practice
Residency Program, Texas Education Code, §61.0594, which authorizes the
Board to administer the Graduate Medical Education Program, and Texas Education
Code, §63.202(c) and 63.302(c), which provides the Board with the authority
to adopt rules for the Tobacco Settlement Funds Program.
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 May 9, 2003.
TRD-200302899
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§7.1 - 7.17
The Texas Higher Education Coordinating Board adopts new §§7.1-7.17
concerning private and out-of-state institutions offering baccalaureate, graduate
or professional degrees in Texas without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1760). Specifically, these new sections replace existing
sections being repealed contemporaneously in this issue of the
Texas Register
by assembling into one chapter, renumbering, and clarifying
the rules affecting institutions that are not supported by the State of Texas
and are not subject to the provisions affecting state institutions in their
own chapter to distinguish their oversight from the agency's oversight of
Texas public universities and health-related institutions. Many sections were
modified or restructured to clarify the current rules. The sections which
contain substantive amendments or new regulations are detailed as follows: §7.3
expands and clarifies definitions. Subsection (2) expands the definition of
"Agent" currently found at §5.211 by including agents located in Texas
but soliciting non-Texas residents, consistent with the scope of the definition
in the Texas Education Code, §61.303. Subsections (4) and (5) add definitions
of "certificate of authority" and of "certificate of authorization" to explain
the different types of certificates available to institutions. Subsection
(10) adds a definition of "occasional courses" so that it will be clear to
institutions with minimal contacts in this state how extensive their operations
may be without becoming subject to the requirement of Board approval to operate
a branch campus. Section 7.4 clarifies which institutions are exempt from
the statute and adds a statement about the process for appealing the revocation
of an exemption. No substantive policy changes were made. Section 7.5 (d)(6)(B)
contains language that is not found in the current rule at §5.213(g)(5),
but the new language simply reiterates existing law. Section 7.5(d)(6)(D)
clarifies language currently found at §5.213(g)(5), establishing that
an institution that has been denied a certificate of authority, and that later
receives a certificate of authority, will have the same amount of time remaining
within the eight-year period in which to achieve accreditation after its reinstatement
that it had remaining in the period prior to the denial. The eight year limitation
does not include periods during which the institution is without a certificate
of authority. Section 7.6 reorganizes the current §5.215, adding some
rules from §5.213(c) and §5.213(h)(1). It clarifies language, and
establishes a ten-day period within which an institutional officer must report
changes in material facts relating to the institution's certificate of authority.
Otherwise, the adopted rule contains no substantive policy changes. Section
7.7 restructures and clarifies the current rules found at §5.214, and
include a few changes in current law. Section 7.7(1) clarifies that the applicant
institution must demonstrate compliance with the Proprietary School Act. The
prior section in §5.214(24) spoke only generally about compliance with
all laws, though the Board requires evidence of this specific compliance.
Section 7.7(7) contains new requirements regarding an institution's duty to
conduct self-assessments. Prior §5.214(4) required only self-assessment
of the institution's academic program. The section requires assessment of
all aspects of the institution. Section 7.7(10) clarifies that in current §5.214(7),
the term "full-time faculty" means a person holding a full-time teaching appointment
and not merely a full-time employee of the institution. Section 7.7(18) notifies
readers that an institution's duty to provide records and transcripts to its
students may be circumscribed by federal or state law regarding institutions'
duty to assist in student loan collection. Section 7.7(13)(D)(ii) requires
more specificity in the written agreement between a providing institution
and an applicant institution than current §5.214(9) requires. Section
7.7(17) would require institutions to retain a great deal more information
about a student's period of enrollment than is currently required by the language
of §5.214(16), but the requirements specified in the proposed rule are
no more than any prudently run institution would ordinarily maintain, and
no more than any recognized accrediting agency would require. Section 7.8
adds a statement about the appeals process. Section 7.9 was amended with
a list of standards to be met by accredited schools, mostly out-of-state,
which operate branch campuses in Texas. The standards are derived from the
current Standards for Nonexempt Institutions and merely make explicit the
expectations of the Board for the operation of branch campuses, which is not
explicit in the current §5.217. These changes do not represent substantive
changes in policy beyond those addressed in §7.7. Section 7.11(a) and
(b) change §5.219(a) and (b) by empowering the Commissioner, instead
of the Board, to revoke certificates of authority and certificates of registration,
which allows a more timely addressing of issues associated with revoking a
certificate and will, thereby, better protect the public from fraud. Section
7.11(d) adds a duty, for institutions which have agents whose certificates
of registration are revoked, to take positive steps to divest the agent of
apparent authority to represent the institution and to notify the media and
affected students at the institution of the misrepresentations made by the
agent and of the truth. This requirement is consistent with law regarding
the nature of an agency relationship, and is consistent with the Board's rulemaking
authority. Section 7.12(a)(2) adds to the rule in §5.220(a)(2) so that
representing that credits earned or granted are applicable for credit toward
a degree to be granted by some other person or institution and representing
that credits granted are "collegiate in nature" is prohibited. This agency
has found that if we are too specific about prohibited terminology, institutions
escape the intent of the statute by devising creative ways to avoid the literal
terminology, while nonetheless creating the same misimpressions that the statute
prohibits. Section 7.12(b) creates a rule concerning institutions over which
the state has no jurisdiction because they operate on federally controlled
lands. The adopted rule attempts to state existing law in a succinct manner,
to clarify that institutions situated on federal lands may not use the federal
land as a base for extending operations beyond the boundaries of the federal
land to advertise and solicit the enrollment of Texas students who otherwise
have no association with the base. Section 7.13 changes §5.213(h)(2)
by empowering the Commissioner, instead of the Board, to initiate action to
prevent the loss of academic records at closed institutions. This rule would
allow more timely addressing of the issues associated with the closing of
an institution. Therefore, it would afford students better protection from
loss of essential information than the current process affords. Section 7.15(a)(3)
broadens existing §5.222(a) by stating that penalties can be issued against
unauthorized institutions which mislead students by representing that credits
from their institution are collegiate in nature. This rule compliments §7.12(a)(2),
which makes clearer what types of misrepresentations are prohibited under
the statute. Section 7.15(a)(4) adds to existing §5.220(a) the statement
that not only is each degree conferred without authority a separate offense,
but also that each person enrolled in a course or courses through misrepresentations
constitutes a separate offense. This rule is consistent with the prohibitions
in the statute and is within the Board's rulemaking authority.
No comments were received regarding the new rules.
The new rules are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; Texas Education
Code, §61.002, which establishes the Board as an agency charged to provide
leadership and coordination for the Texas higher education system; Texas Education
Code, §§61.301-61.319, concerning regulation of private postsecondary
education institutions; §61.311, which provides the Board with the authority
to promulgate rules governing certificates of authority; Texas Education Code, §§61.401-61.405,
regarding regulation of public institutions of higher education established
outside the boundaries of the State of Texas; and Texas Education Code, §61.311
which provides the Board with the authority to promulgate rules regarding
out of state public institutions.
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 May 23, 2003.
TRD-200302900
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR ASSOCIATE DEGREE-GRANTING INSTITUTIONS
19 TAC §9.141, §9.143
The Texas Higher Education Coordinating Board adopts amendments
to §9.141 and §9.143 concerning the general oversight of public
two-year colleges without changes to the proposed text as published in the
February 28, 2003 issue of the
Texas Register
(28
TexReg 1772). The adopted amendments to §9.141 and §9.143 would
clarify that the focus of the subchapter is on partnerships between secondary
schools and public two-year associate degree granting institutions and clarify
terminology.
No comments were received regarding the amendments to the rules.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority;
Texas Education Code, §61.002, which establishes the Coordinating Board
as an agency charged to provide leadership and coordination for the Texas
higher education system; Texas Education Code, §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; and Texas Education Code, §§29.182,
29.184, 61.076(a), 61.851 through 61.855, 130.001(b)(3)-(4), 130.008, 130.090,
and 135.06(d), which authorize the Board to adopt policies and rules for public
two-year associate degree-granting institutions to enter into agreements with
secondary schools to offer courses which grant credit toward the student's
high school academic requirements and/or college-level 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 May 9, 2003.
TRD-200302901
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §9.145
The Texas Higher Education Coordinating Board adopts the
repeal of §9.145 concerning the general oversight of public two-year
colleges (Partnerships Between Secondary Schools and Public Two-Year Associate
Degree-Granting Institutions) without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1772). Specifically, §9.145 is adopted for repeal
because its provisions are covered in the new Chapter 4, Subchapter D published
contemporaneously in this issue of the
Texas Register
.
No comments were received regarding the repeal of the rule.
The repeal of the rule is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority;
Texas Education Code, §61.002, which establishes the Coordinating Board
as an agency charged to provide leadership and coordination for the Texas
higher education system; Texas Education Code, §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; and Texas Education Code, §§29.182,
29.184, 61.076(a), 61.851 through 61.855, 130.001(b)(3)-(4), 130.008, 130.090,
and 135.06(d), which authorize the Board to adopt policies and rules for public
two-year associate degree-granting institutions to enter into agreements with
secondary schools to offer courses which grant credit toward the student's
high school academic requirements and/or college-level 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 May 9, 2003.
TRD-200302902
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter G. PROCEDURES FOR CERTIFICATION OF ADEQUACY OF FUNDING
19 TAC §§13.120 - 13.125
The Texas Higher Education Coordinating Board adopts the
repeal of §§13.120 - 13.125 concerning certification of adequacy
of financing for new degree programs and administrative changes at public
universities and health-related institutions without changes to the text as
published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1774). Specifically, the rules adopted for
repeal are being moved and renumbered as part of the reorganization of Board
rules.
No comments were received regarding the repeal of the rules.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 May 9, 2003.
TRD-200302903
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 29, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
Subchapter C. TESTING AND DEVELOPMENTAL EDUCATION
Subchapter D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES
Subchapter E. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES
Subchapter F. TEXAS STATE SCIENCE AND ENGINEERING FAIR
Chapter 5.
PROGRAM DEVELOPMENT
Subchapter B. CRITERIA FOR APPROVAL OF NEW BACCALAUREATE DEGREE PROGRAMS
Subchapter C. CRITERIA FOR APPROVAL OF NEW MASTER'S DEGREE PROGRAMS
Subchapter D. CRITERIA FOR APPROVAL OF NEW DOCTORAL DEGREE PROGRAMS
Subchapter E. PRESENTATION OF REQUEST FOR NEW ACADEMIC DEGREE PROGRAMS
Subchapter F. PRESENTATION OF REQUEST FOR ADMINISTRATIVE CHANGES
Subchapter G. APPROVAL OF LESS-THAN-BACCALAUREATE PROGRAMS IN SENIOR INSTITUTIONS
Subchapter H. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES
Subchapter I. TEXAS STATE SCIENCE AND ENGINEERING FAIR
Subchapter K. PRIVATE AND OUT-OF-STATE PUBLIC DEGREE-GRANTING INSTITUTIONS OPERATING IN TEXAS
Subchapter L. OPERATION OF OFF-CAMPUS EDUCATIONAL UNITS OF SENIOR COLLEGES AND UNIVERSITIES
Subchapter M. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC UNIVERSITIES
Subchapter N. GUIDELINES ON APPROVAL OF COURSE INVENTORIES FOR PUBLIC SENIOR INSTITUTIONS
Subchapter O. OFFERING OF SMALL CLASSES BY PUBLIC SENIOR COLLEGES AND UNIVERSITIES
Subchapter P. TESTING AND DEVELOPMENTAL EDUCATION
Subchapter Q. INSTITUTIONAL MISSION STATEMENTS
Subchapter R. MEDICAL AND HEALTH PROFESSIONS RECRUITMENT FUND
Subchapter S. CORE CURRICULUM TRANSFER AND FIELD OF STUDY CURRICULA
Subchapter T. TOBACCO LAWSUIT SETTLEMENT FUNDS
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter B. ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES
Subchapter C. APPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS
Subchapter D. OPERATION OF OFF-CAMPUS EDUCATIONAL UNITS OF PUBLIC SENIOR COLLEGES, UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS
Chapter 6.
HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS
Subchapter B. GRADUATE MEDICAL EDUCATION PROGRAM
Subchapter C. TOBACCO LAWSUIT SETTLEMENT FUNDS
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Chapter 9.
PROGRAM DEVELOPMENT IN PUBLIC COMMUNITY/JUNIOR COLLEGE DISTRICTS AND TECHNICAL COLLEGES
Chapter 13.
FINANCIAL PLANNING
Subchapter H. PROCEDURES AND CRITERIA FOR FUNDING OF FAMILY PRACTICE RESIDENCY PROGRAMS