TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 1. AGENCY ADMINISTRATION

Subchapter E. EMPLOYEE SCHOLARSHIPS

19 TAC §§1.116 - 1.120

The Texas Higher Education Coordinating Board proposes new §§1.116 - 1.120, concerning Employee Scholarships. It is the policy of the Texas Higher Education Coordinating Board to encourage the professional development of employees through education and training under the State Employees Training Act, Government Code, Chapter 656, Subchapter C. This subchapter governs the eligibility of employees for participation in the program and the operation of the program. These programs are designed to increase the job potential of employees, provide financial assistance for the pursuit of higher education, and introduce new technology and educational methods into the workplace.

Dr. Glenda Barron, Associate Commissioner for Participation and Success, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Barron has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the increase for job potential of employees, provide financial assistance for the pursuit of higher education, and introduce new technology and educational methods into the workplace.

Comments on the proposal may be submitted to Glenda Barron, P.O. Box 12788, Austin, Texas 78711, (512) 427-6255, Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The new sections are proposed under the State Employees Training Act, Texas Government Code, §§656.041 - 656.105, which governs the eligibility of employees for participation in the program and the operation of the program.

The new sections affect the Texas Government Code, §§656.041 - 656.105.

§1.116.Authority and Purpose.

The Texas Higher Education Coordinating Board values its employees and encourages lifelong learning. It is the policy of the Texas Higher Education Coordinating Board to encourage the professional development of employees through education and training under the State Employees Training Act, Texas Government Code, §§656.041 - 656.105. This subchapter governs the eligibility of employees for participation in the program and the operation of the program. These programs are designed to increase the job potential of employees, provide financial assistance for the pursuit of higher education, and introduce new technology and educational methods into the workplace.

§1.117.Definitions.

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Commissioner--The Commissioner of Higher Education.

(2) Deputy Commissioner--The Deputy Commissioner of the Texas Higher Education Coordinating Board.

(3) Eligible expenses--Tuition, fees, books, supplies and equipment required for the course of study.

(4) Employee--An individual employed in a regular full-time budgeted position by the Texas Higher Education Coordinating Board.

(5) Employee's executive officer--An employee's assistant commissioner, associate commissioner, or deputy commissioner or that person's designee.

(6) Good standing--Meeting all performance standards in an employee's most recent performance evaluation.

(7) Institution--A college or university accredited by a recognized accrediting agency as defined in §7.4(a) of this title (relating to Exemptions, Revocation of Exemptions, and Certificates of Authorization).

(8) Program Selection Committee--A committee that is appointed by the Deputy Commissioner to evaluate employee applications for the scholarships. The committee will recommend finalists to the Deputy Commissioner and Commissioner.

(9) Scholarships--Financial assistance provided to selected employees for education expenses.

§1.118.Eligibility.

To be eligible to participate in the program, an employee shall:

(1) have at least 12 months of service time with the Coordinating Board;

(2) be in good standing;

(3) have written approval from the employee's executive officer and

(4) be enrolled in or have been admitted to an eligible institution.

§1.119.Scope of Assistance.

(a) An employee is eligible for up to $1,000 per state fiscal year.

(b) Payment for tuition and fees shall be made to the institution, not the employee.

(c) The employee shall provide a receipt for payment of books, supplies, and equipment. Reimbursement shall be made through the Purchase Requisition System.

§1.120.Application.

(a) All applications for employee scholarships shall be provided to the Program Selection Committee.

(b) The Commissioner shall prescribe the time and name of application.

(c) The Commissioner and Deputy Commissioner shall select those employees who will receive assistance under this Subchapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 23, 2005.

TRD-200502063

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 21, 2005

For further information, please call: (512) 427-6114


Chapter 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

Subchapter G. EARLY COLLEGE HIGH SCHOOLS AND MIDDLE COLLEGES

19 TAC §§4.151 - 4.161

The Texas Higher Education Coordinating Board proposes new §§4.151 - 4.161, concerning Early College High Schools. Specifically, these new sections will provide appropriate oversight by the Board of Early College High Schools (ECHS) by requiring notification of intent to develop an ECHS entity; assessment of students; appropriate faculty selection, supervision, and evaluation; oversight of curricula; transcripting of credit; program evaluation; funding; and removal of dual credit restrictions.

Dr. Carol Raney, Acting Assistant Commissioner for Academic Affairs and Research, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Raney has also determined that for each year of the first five years these sections are in effect, the public benefit anticipated as a result of administering these sections will be the improved high school graduation and college going rates for those students attending ECHS. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Carol Raney, Acting Assistant Commissioner for Academic Affairs and Research, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, TX 78711, or carol.raney@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The new sections are proposed under the Texas Education Code, §§61.027, 61.076, 130.001(b)(3) - (4), 130.008, and 130.090 which provide the Board with the authority to regulate courses and programs offered by public institutions of higher education in cooperation with secondary schools.

The new sections affect Texas Education Code, §§61.076, 130.001(b)(3) - (4), 130.008, and 130.090.

§4.151.Purpose.

The purpose of this subchapter is to provide appropriate oversight by the Board for public colleges or universities to engage in early college high schools or middle colleges.

§4.152.Authority.

Texas Education Code, §§61.076, 130.001(b)(3) - (4), 130.008, and 130.090 provide the Board with the authority to regulate courses and programs offered by public institutions of higher education in cooperation with secondary schools.

§4.153.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Assessment--The criterion-referenced assessment instruments adopted by the Board to assess a student's readiness to enroll in college-level coursework or curricula.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Colleges or Universities, or C/U--Texas public two-year colleges or public universities.

(4) Commissioner--The Commissioner of Higher Education.

(5) Early College High School or Middle College, or ECHS/MC--The institution or entity that provides the outreach, curricula, and student learning and support programs for students who attain the Recommended or Advanced High School Program diploma and up to two years of college credit simultaneously.

(6) Recommended or Advanced High School Program--The curriculum specified in the Texas Education Code, §28.025, and the rules promulgated there under by the State Board of Education.

§4.154.Notification of Institutional Intent to Develop an Early College High School/Middle College Entity.

Texas public colleges and universities (C/U) are eligible to enter into agreements with Texas public schools to create an ECHS/MC. Any C/U that participates in the creation of an ECHS/MC shall notify the Board in accordance with provisions and schedules determined by the Commissioner.

§4.155.Student Eligibility.

(a) An ECHS/MC shall assess each student for readiness to engage in any college-level curriculum offered for college credit prior to the student's enrollment in such curriculum.

(b) For this assessment, an ECHS/MC may use any instrument otherwise approved by the Board for Texas Success Initiative purposes in accordance with §4.54 (relating to Exemptions/Exceptions) and §4.56 (relating to Assessment Instrument) of this title including, but not limited to, Texas Assessment of Knowledge and Skills (TAKS) scores, ACT scores, and SAT scores.

(c) After assessment, the ECHS/MC, using guidelines established by the C/U, shall determine what forms of assistance and remediation, if any, are necessary prior to a student's enrollment in any college-level curriculum based on the results of the assessment and other indicators of student readiness.

§4.156.Faculty Selection, Supervision, and Evaluation.

(a) The C/U shall select instructors of all college-level curricula offered for college credit in an ECHS/MC. These instructors must be regularly employed faculty members of the C/U or meet the same standards, including but not limited to, minimal requirements of the Commission on Colleges of the Southern Association of Colleges and Schools.

(b) The C/U shall supervise and evaluate instructors of college-level curricula offered for college credit using the same or comparable procedures used for faculty at the C/U.

§4.157.Course Curriculum, Instruction, and Grading.

The C/U shall ensure that curricula offered for college credit and comparable courses offered by the C/U are equivalent with respect to the curriculum, materials, instructional activity, and method/rigor of evaluation of student performance.

§4.158.Transcripting of Credit.

The C/U shall determine when the college credit for each ECHS/MC student should appear on the C/U transcript.

§4.159.Evaluation and Accountability.

Each ECHS/MC and sponsoring C/U shall be responsible for the development and implementation of an evaluation process to determine the effectiveness of the ECHS/MC. Measures of effectiveness shall include, but are not limited to, student results on the K-12 accountability assessments (e.g., TAKS) and success indicators of graduates at Texas public institutions of higher education (e.g., participation rates, grade point average, retention rates, and graduation rates).

§4.160.Funding.

(a) State funding for high school and college credit will be available to the public school district and the C/U based on the current funding rules of the State Board of Education and the Board.

(b) The C/U may claim funding for all ECHS/MC students receiving college credit.

§4.161.Exemption from Certain Dual Credit Restrictions.

A student enrolled in ECHS/MC may enroll in more than two dual credit courses per semester, and may enroll in dual credit coursework with freshman, sophomore, junior, or senior high school standing.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 23, 2005.

TRD-200502061

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 21, 2005

For further information, please call: (512) 427-6114


Chapter 17. CAMPUS PLANNING

Subchapter K. REPORTS

19 TAC §17.101

The Texas Higher Education Coordinating Board proposes an amendment to §17.101, concerning Institutional Reports. In January 2005, the Board adopted new rules for Campus Planning. The current rule concerning certification of the facilities inventory report requires submission by December 15 of each year. This revision to the rules is necessary to accommodate the accountability system reports that will be presented to the Board at its January meeting. Specifically, this amendment changes the submission date to November 15.

Dr. Deborah L. Greene, Acting Assistant Commissioner for Planning and Accountability has determined that for each year of the first five years the sections are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Greene has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the section will be more efficient Board meetings and Board operations related to Resource Planning activities. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Nancy Ellen Soteriou, Assistant Director, Office of Resource Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendment is proposed under Texas Education Code, §61.027, which provides the Board with the authority to adopt rules, and Texas Education Code, §§61.058 and 61.0572.

The amended sections affect the Texas Education Code, §§61.058 and 61.0572.

§17.101.Institutional Reports.

Institutions of higher education shall submit current data to the Board for the following reports:

(1) Facilities Inventory.

(A) Periodic Review. Institutions shall report a record of all property, buildings, and rooms occupied or in the control of an institution in a format specified by the Board.

(i) - (ii) (No change.)

(iii) The inventory shall be certified by the institution annually on or before November [ December ] 15, or as specified by the Board.

(B) (No change.)

(2) - (5) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 23, 2005.

TRD-200502062

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 21, 2005

For further information, please call: (512) 427-6114


Chapter 21. STUDENT SERVICES

Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §21.255

The Texas Higher Education Coordinating Board proposes an amendment to §21.255, concerning special limitations for the Physician Education Loan Repayment Program. The proposed amendment will align the rules with the statutory language and will update the names of three state agencies. Currently, the rule states that not more than 20 percent of the amount appropriated for the program each fiscal year will be used to fund repayments to first-time applicants who work for certain state agencies. The proposed amendment provides that not more than 20 percent of the physicians receiving repayment assistance under the Program in each state fiscal year may be employed by the Texas Department of State Health Services, the Texas Department of Criminal Justice, or the Texas Youth Commission.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of this change will be that the rules will clearly provide information on eligibility requirements for the program. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Lois Hollis, P. O. Box 12788, Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendment is proposed under the Texas Education Code, §§61.531 - 61.539, which provides the Coordinating Board with the authority to establish procedures to administer this program and Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules to effectuate the provisions of Texas Education Code, Chapter 61.

The amendment affects Texas Education Code, §§61.531 - 61.539.

§21.255.Special Limitations.

(a) (No change.)

(b) Not more than 20 percent of the number of physicians receiving assistance through the Program [ amount appropriated for the Program ] each fiscal year shall be [ allocated to fund repayments to ] first-time applicants who are employed by the Texas Department of State Health Services, the Texas Department of Criminal Justice, or the Texas Youth Commission [ working for the state agencies ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 23, 2005.

TRD-200502064

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 21, 2005

For further information, please call: (512) 427-6114


Subchapter NN. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZELWOOD ACT)

19 TAC §§21.2099 - 21.2108

The Texas Higher Education Coordinating Board proposes new §§21.2099 - 21.2108, concerning the Exemption Program for Veterans and Their Dependents (The Hazlewood Act). Senate Bill 101, 79th Legislature, Regular Session, amended Texas Education Code, §54.203 to give the Coordinating Board rule-making authority for the state's exemption program for Veterans and their Dependents (commonly referred to as the Hazlewood Act). Through this program, eligible Texas veterans and dependent children of deceased Texas veterans are provided free tuition and reduced fees for up to 150 credit hours while attending public institutions of higher education. The bill also assigned the Board the responsibility of creating and maintaining a state-wide database to track the veterans' and their children's use of their 150 hours of eligibility. The new sections reflect the basic requirements of the program and procedures for making awards and for meeting reporting requirements.

Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the new sections are in effect, and the subsequent development of a statewide approach for determining eligibility and award amounts, the public benefit will be that eligible students will find it easier to apply for and use the tuition and fee assistance offered through the program while easing the administrative burden for institutions. In addition, the creation of a central database for tracking student hours used through the program will help institutions and students stay within the parameters of the program. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Lois Hollis, P. O. Box 12788, Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The new sections are proposed under the Texas Education Code, §54.203, which authorized the Coordinating Board to adopt rules to provide for the efficient and uniform application of this section and Texas Education Code, §61.0516, which requires the Board to develop a system to electronically monitor the use of tuition exemption under §54.203.

The new sections affect the Texas Education Code, §54.203 and §61.0516.

§21.2099.Authority and Purpose.

(a) Authority. The authority for these rules is provided in Texas Education Code, §54.203, relating to an exemption for Texas veterans and dependents.

(b) Purpose. The purpose of these rules is to provide procedures and criteria for the administration of an exemption program for Texas veterans and dependents at Texas public institutions of higher education.

§21.2100.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) Children--Persons who were dependents of the veteran at the time he or she was killed or died as a result of injuries directly associated with service.

(3) Citizen of Texas--A resident of Texas as determined in accordance with Chapter 21, §§21.21 - 21.27 of this title (relating to Determining Residence Status).

(4) Commissioner--The commissioner of higher education.

(5) Dependent--An individual who was claimed as a dependent for federal income tax purposes by the individual's parent or court-appointed legal guardian in a particular year and in the previous tax year. A veteran was a dependent if he or she was claimed as such by a parent or legal guardian during the veteran's year of entry into the service and in the previous tax year. A child was a dependent if he or she was claimed as a dependent for tax purposes at the time his or her parent or legal guardian died of injuries or illness directly related to military service.

(6) Discretionary fees--Fees that an institution may, under Texas Education Code, Chapter 54, elect to charge and that, if charged, must be charged to all students who have not been granted a statutory exemption. Discretionary fees do not include optional fees.

(7) Hazlewood Act Exemption--The tuition and partial fee exemption authorized under Texas Education Code, §54. 203.

(8) Honorably discharged--Released from active duty service with an Honorable Discharge, General Discharge under Honorable Conditions, or Honorable Separation or Release from Active Duty, as documented by the Certificate of Release or Discharge from Active Duty issued by the Department of Defense.

(9) Identification number--An individual's social security number.

(10) Institution--A Texas public institution of higher education as defined in Texas Education Code, §61.003(8).

(11) Mandatory fees--Fees that an institution is required, under Texas Education Code, Chapter 54, to charge all students who have not been granted a specific statutory exemption.

(12) Optional fees--Fees that an institution may, under Texas Education Code, Chapter 54, elect to charge only to those students who choose to use the service or item for which the fees are established.

(13) Property deposit fees--Fees that an institution may, under Texas Education Code, §54.502, elect to charge to insure that institution against losses, damages, and breakage in libraries and laboratories.

(14) Registration, date of--The census date of the term for which the student is applying for the Hazlewood Act Exemption.

(15) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, §§21.21 - 21.27, of this title (relating to Determining Residence Status).

(16) Student service fees--Fees that an institution may, under Texas Education Code, §54.503, elect to charge to students to cover the cost of student services.

(17) Training--Time spent as a member of the armed forces that is not included in the "Net Active Service" or the sum of "Net Active Service" indicated on the Certificate of Release or Discharge from Active Duty (DD214), Items 12(c) and 12(d).

(18) Tuition--All types of tuition that an institution may, under Texas Education Code, Chapter 54, collect from students attending the institution, including statutory tuition, discretionary tuition, flat-rate tuition, designated tuition, and board-authorized tuition.

§21.2101.Hazlewood Act Exemption.

(a) Subject to the following provisions, an institution shall exempt an eligible veteran or child from the payment of tuition and mandatory and discretionary fees, other than property deposit and student service fees. The exemption shall not apply to the payment of optional fees.

(b) If the eligible veteran or child is entitled to federal veterans' education benefits during the term or semester for which he or she applies for the Hazlewood Act Exemption, an institution shall first apply the federal veterans' education benefits to the payment of the applicable tuition and fees. If the sum of the semester's federal benefits is less than the amount of applicable tuition and fees, the value of the exemption may not exceed the portion of tuition and fees that is not covered by federal benefits.

(c) An eligible veteran or child is not entitled to the Hazlewood Act Exemption for more than 150 attempted credit hours.

(d) An eligible veteran or child is entitled to the Hazlewood Act Exemption for an unlimited number of contact hours.

(e) If the Hazlewood Act Exemption is used for only a portion of the hours taken during a given term or semester, an institution shall deduct the number of hours taken in the semester or term from the 150 hours of eligibility in a manner that is proportionate to the share of the applicable tuition and fees that were subject to the exemption.

(f) Except for correspondence courses, an institution is not permitted to provide the Hazlewood Act Exemption for tuition and fees related to continuing education courses for which the institution does not receive state formula funding, unless the governing board of the institution specifically chooses provide the exemption for such courses.

(g) The governing board of a community college may choose to deny a Hazlewood Act Exemption for a course fee or training fee charged the district to cover flight time costs associated with a course in aircraft flight training for individuals who do not have a private pilot rating or who have a private pilot rating but are not actively seeking to fulfill the requirements of the Federal Aviation Administration for an additional certification or rating.

§21.2102.Eligible Veterans.

In order to be eligible to receive a Hazlewood Act Exemption, a veteran shall demonstrate that the veteran:

(1) was a resident of Texas at the time he or she entered the service, as indicated in Item 12(a) of the person's Certificate of Release or Discharge from Active Duty (DD214);

(2) has been a resident of Texas for at least 12 months before the date of registration (census date) for the term or semester for which the veteran applies for the Hazlewood Act Exemption;

(3) has an honorable discharge from service, general discharge from service under honorable conditions or an honorable separation from service;

(4) has exhausted his or her federal veteran's education benefits, including such benefits as those issued under Title 38, United States Code, Chapters 30, 32, and 35, and Title 10, United States Code, Chapter 1606..

(5) is not in default on a federal or state educational loan;

(6) has attempted fewer than 150 credit hours using Hazlewood Act Exemption since the fall of 1995;

(7) has followed the application procedures and schedules required by these provisions; and

(8) belongs to one of the following groups of individuals:

(A) nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I;

(B) nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and honorably discharged members of the armed forces of the United States who served during World War II except those who were discharged from service because they were over the age of 38 or because of a personal request on the part of the person that he be discharged from service;

(C) honorably discharged men and women of the armed forces of the United States who served during the Korean War which began on June 27, 1950, and ended on July 27, 1953; and

(D) all persons who:

(i) were honorably discharged from the armed forces of the United States after serving on active military duty for at least 181 days, excluding training; and

(ii) who served a portion of their active duty during:

(I) the Cold War which began on June 27, 1950;

(II) the Vietnam era which began on December 21, 1961, and ended on May 7, 1975;

(III) the Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984;

(IV) the Panama era which began on December 20, 1989, and ended on January 21, 1990;

(V) the Persian Gulf War which began on August 2, 1990, and ended on March 3, 1991;

(VI) the National Emergency by Reason of Certain Terrorist Attacks, which began on September 11, 2001; and

(VII) any future national emergency declared in accordance with federal law.

§21.2103.Eligible Children.

In order to be eligible to receive a Hazlewood Act Exemption, a child of a veteran shall demonstrate that the child:

(1) is a natural or adopted child of:

(A) a member of the U.S. Armed Forces who was a resident of Texas when he or she entered the service and who

(i) died while in service, or

(ii) is missing in action, or

(iii) whose death is documented to be directly caused by illness or injury connected with service in the armed forces of the United States; or

(B) a member of the Texas National Guard or Texas Air National Guard who was killed since January 1, 1946 while on active duty either in the service of Texas or the United States.

(2) has exhausted his or her federal survivor benefits based on the death of a veteran parent; and

(3) has been a resident of Texas for at least 12 months before the date of registration (census date) for the term or semester for which the child applies for the Hazlewood Act Exemption.

§21.2104.The Application.

(a) Board staff shall produce and distribute a state-wide Hazlewood Act Exemption Application, requiring institutions to obtain the following information from applicants for the exemption:

(1) general information about the veteran and/or child,

(2) residency information for the time that the veteran entered the service,

(3) residency information for the time that the veteran or child wishes to apply for the exemption,

(4) a certification of the validity of the information provided by the veteran or child, and

(5) a statement granting permission to the institution to release current semester and historic credit hour information to the Board and granting permission for the Board to share such data with any subsequent institution that the veteran or child might attend.

(b) For an otherwise eligible veteran or child to be entitled to a Hazlewood Act Exemption in a given semester or term, he or she must provide a completed Hazlewood Act Exemption Application and provided the supporting documentation to the institution no later than the registration date of that term or semester.

(c) Beginning Fall 2005, all institutions shall require the completed Hazlewood Act Exemption Application Form with supporting documentation prior to granting the exemption.

§21.2105.Supporting Documentation for the Hazlewood Act Exemption Application.

(a) When applying for the first time for the Hazlewood Act Exemption, a veteran shall provide to the institution, along with the Hazlewood Act Exemption Application, the following supporting documentation:

(1) a copy of the veteran's Certificate of Release or Discharge from Active Duty (DD214), and,

(2) if the veteran was released from active duty less than 10 years ago or, if the veteran was a member of the Selected Reserve of the Army, Navy, Air Force, Marine Corps, or Coast Guard, or the Army and Air National Guard less than 14 years ago, proof of the veteran's or reservist's current status regarding eligibility for federal veterans education benefits.

(b) When applying for the first time for the Hazlewood Act Exemption, a child shall provide to the institution, along with the Hazlewood Act Exemption Application, the following supporting documentation:

(1) proof that the parent veteran's death was a result of injury or illness directly associated with service in the US Armed Forces, or that the parent veteran's death was a result of injury that occurred while he or she was on active duty either in the service of Texas or the United States;

(2) proof of the child's current status regarding eligibility for federal survivors benefits (not required if the child has received federal survivors benefits for more than 45 months unless the child transfers to a new institution); and

(3) proof that the child was a dependent of the veteran at the time the veteran died.

§21.2106.Subsequent Hazlewood Exemption Applications.

Prior to the census date of a subsequent term or semester of an academic year in which the veteran or child receives a Hazlewood Act Exemption, the institution shall confirm that the veteran or child:

(1) has not exhausted his or her 150 credit hours of eligibility through the program,

(2) is still classified as a resident student,

(3) is not currently eligible for federal veterans education benefits, and

(4) is not in default on a loan made or guaranteed by the State of Texas or federal government.

§21.2107.Release of Data to the Board and Institutions.

Prior to the census date of the first term or semester of an academic year in which the veteran or child receives a Hazlewood Act Exemption, he or she shall execute a statement, consenting to the release of the number of hours taken in the current academic year and in all previous academic years to the Board and to any institution that the veteran may attend in the future.

§21.2108.Reporting.

(a) All institutions shall report, for each eligible veteran and child who is exempted from the payment of tuition and mandatory and discretionary fees, other than property deposit and student service fees, the following information to the Board:

(1) the person's name,

(2) the person's identification number (social security number),

(3) the person's date of birth, and

(4) the number of credit hours for which the person received an exemption in the given semester.

(b) All institutions shall submit the report required under this provision to the Board no later than December 31, for the fall term, no later than May 31, for the spring term, and no later than September 30, for the summer term or semester.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 23, 2005.

TRD-200502065

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 21, 2005

For further information, please call: (512) 427-6114