Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter E. APPROVAL OF DISTANCE EDUCATION AND OFF-CAMPUS INSTRUCTION FOR PUBLIC COLLEGES AND UNIVERSITIES
19 TAC §§4.101 - 4.108
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§4.101 - 4.108, concerning the applicability of Board
rules to extension and out-of-state courses and programs. Specifically, these
rules are being proposed for repeal in order that new sections being proposed
simultaneously may address issues of organization and clarity.
Dr. Carol Raney, Acting Assistant Commissioner for Academic Affairs and
Research, 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. Raney 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 these sections will be the improved notification given to institutions
near proposed extension locations and the guarantee that extension, correspondence,
and out-of-state courses and programs meet quality standards and do not diminish
on-campus offerings. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Carol
Raney, Ph.D., Texas Higher Education Coordinating Board, P. O. Box 12788,
Austin, Texas 78711-2788, or by e-mail to Carol.Raney@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposed rules in
the
Texas Register
.
The repeals are proposed 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 approve off-campus
courses for credit offered by public institutions.
The repeals affect Texas Education Code, §61.002; and Texas Education
Code, §61.051
§4.101.Purpose.
§4.102.Authority.
§4.103.Definitions.
§4.104.General Provisions.
§4.105.Standards and Criteria for Distance Education and Off-Campus Instruction.
§4.106.Institutional Plan for Distance Education and Off-Campus Instruction.
§4.107.Distance Education and Off-Campus Course and Program General Provisions.
§4.108.Out-of-State and Foreign Course and Program General Provisions.
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 April 22, 2005.
TRD-200501674
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 21, 2005
For further information, please call: (512) 427-6114
19 TAC §§4.101 - 4.108
The Texas Higher Education Coordinating Board proposes new §§4.101
- 4.108, concerning the applicability of Board rules to extension and out-of-state
courses and programs. Specifically, the new sections specify that extension
(non-formula-funded) courses are subject to Board rules, as are courses and
programs offered by Texas public institutions outside the state and country.
Correspondence courses are brought under these rules and may now be funded
through state formula or extension charges. The proposed rule will ensure
that all these courses and programs meet quality standards and that these
offerings do not negatively affect on-campus courses and programs. The new
sections also removes the definition of distance education the restriction
that the courses be taken by students away from a senior institution's main
campus or outside the taxing district of a community college.
Dr. Carol Raney, Acting Assistant Commissioner for Academic Affairs and
Research, 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. Raney 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 these sections will be the improved notification given to institutions
near proposed extension locations and the guarantee that extension, correspondence,
and out-of-state courses and programs meet quality standards and do not diminish
on-campus offerings. The change to the distance education definition means
that the enrollment of on-campus or in-district students in electronically
delivered courses will be reported by the appropriate mode of delivery. 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 proposed new rules may be submitted to Carol Raney, Ph.D.,
Texas Higher Education Coordinating Board, P. O. Box 12788, Austin, Texas
78711-2788, or by e-mail to Carol.Raney@thecb.state.tx.us. Comments will be
accepted for 30 days following publication of the proposed rules in the
The new rules are proposed 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 approve no off-campus
courses for credit offered by public institutions.
The new rules affect Texas Education Code, §61.002; and Texas Education
Code, §61.051
§4.101.Purpose.
This subchapter provides guidance to all public institutions of higher
education in Texas regarding the delivery of distance education, off-campus,
and on-campus extension courses and programs. The Board's goals are to ensure
the quality of these courses and programs and to provide Texas residents with
access to distance education, off-campus, and extension courses and programs
that meet their needs. The rules are designed to assure the adequacy of the
technical and managerial infrastructures necessary to support these courses
and programs.
§4.102.Authority.
Authority for these provisions is provided by Texas Education Code, §61.051(j),
which provides the Board with the authority to approve courses for credit,
distance education, and extension programs.
§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)
Academic credit course--A college-level course that, if
successfully completed, can be applied toward the number of courses required
for achieving a degree, diploma, certificate, or other formal award.
(2)
Board--The Texas Higher Education Coordinating Board.
(3)
Commissioner of Higher Education or Commissioner--The chief
executive officer of the Texas Higher Education Coordinating Board.
(4)
Community College--Any public community college as defined
in Texas Education Code, §61.003 and §130.005, and whose role, mission,
and purpose is outlined in Texas Education Code, §130.0011 and §130.003.
(5)
Continuing Education Unit or CEU--Ten contact hours of
participation in an organized educational experience under responsible sponsorship,
capable direction, and qualified instruction and not offered for academic
credit.
(6)
Correspondence course--An academic credit course delivered
through distance education that is either paper-based or electronic and that
is largely self-paced.
(7)
Course--A class offered for academic credit.
(8)
Degree--Any title or designation, mark, abbreviation, appellation,
or series of letters or words, including "associate", "bachelor's", "master's",
and "doctor's" and their equivalents and foreign cognates, which signifies
satisfactory completion of the requirements of a program of study which is
generally regarded and accepted as an academic degree-level program by accrediting
agencies recognized by the Board.
(9)
Distance education course--Course in which the majority
of the instruction occurs when the students and instructor are not in the
same physical setting. A course is considered to be offered by distance education
if students receive more than one-half of the instruction at a different location
than the instructor. A distance education course can be delivered synchronously
or asynchronously to any single or multiple location(s) through electronic,
correspondence, or other means. The course may be formula-funded or offered
through extension, and it may be delivered to on-campus students and those
who do not take courses on the main campus.
(10)
Distance education degree or certificate program--A program
in which a student may complete more than one-half of the semester credit
hours required for the program through any combination of electronic and off-campus
delivery methods.
(11)
Electronic delivery--A mode of delivery for distance education
courses and programs using electronic telecommunication technology systems.
(12)
Extension courses and programs--Academic credit courses
and programs delivered face-to-face or by distance education, including correspondence,
whose semester credit hours are not submitted for formula funding. Face-to-face,
academic credit extension courses and programs may be delivered on-campus
or off-campus. This term does not apply to courses and programs delivered
by community colleges to an extension center or extension facility unless
the semester credit hours in the courses are not formula funded.
(13)
Extension Center or Extension Facility--Any single or
multiple location other than the main campus of a community college district
and outside the boundaries of the taxing authority of a community college
district.
(14)
First-Professional Degree--An award that requires completion
of a program that meets all of the following criteria:
(A)
completion of the academic requirements to begin practice
in the profession;
(B)
at least 2 years of college work prior to entering the
program; and
(C)
a total of at least 6 academic years of college work
to complete the degree program, including prior required college work plus
the length of the professional program itself. First-Professional degrees
are discipline-specific.
(15)
Formula funding--The method used to allocate appropriated
sources of funds among institutions of higher education.
(16)
Formula funded course--An academic credit course delivered
face-to-face or by distance education, including correspondence, whose semester
credit hours are submitted for formula funding.
(17)
Governing board--The body charged with policy direction
of any public community college district; the technical college system; public
state college; public senior college, university, or health-related institution;
career school or college; or other educational agency including but not limited
to boards of directors, boards of regents, boards of trustees, and independent
school district boards.
(18)
Institution of higher education or Institution--Any public
technical institute, public community college, public senior college or university,
medical or dental unit, or other agency of higher education as defined in
Texas Education Code, §61.003.
(19)
Higher education center--A Multi-Institutional Teaching
Center, University System Center, or single institution center established
by the Legislature or approved by the Board for the specific purpose of offering
upper-division and graduate 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.
(20)
Higher education teaching site--An off-campus, upper-division
and graduate 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. Institutions do not own the facilities for teaching sites nor do
they receive state support to acquire or build facilities for them. Board
approval or recognition is not required.
(21)
Private or independent institution of higher education
or Independent Institution--A private or independent college or university
as defined in the Texas Education Code, §61.003(15).
(22)
Institutional Report--A report describing distance education
and off-campus instruction delivered for academic credit.
(23)
Main campus--The headquarters of an institution and the
location where the principal or chief executive's offices are located, also
referred to as on-campus.
(24)
Off-campus course--Course 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 public senior
colleges and universities, Lamar state colleges, or public technical colleges,
off-campus locations are locations away from the main campus; for public community
colleges, off-campus locations are sites outside the taxing district. The
course may receive formula-funding or be given by extension.
(25)
Off-campus degree or certificate program--A program for
which a student may complete more than one-half of the required credit hours
by taking off-campus courses.
(26)
Out-of-state/out-of-country courses and programs--Academic
credit courses and programs delivered outside Texas to individuals or groups
who are not regularly enrolled, on-campus students. Out-of-state and out-of-country
courses do not receive formula funding and are a type of academic credit extension
offering. They may be offered through distance education or face-to-face instruction.
(27)
Peer institution--A university, health-related institution,
independent institution, or higher education center which is within a 50-mile
radius of a proposed off-campus instruction site.
(28)
Program or Program of study--Any grouping of courses which
are represented as entitling a student to a degree or certificate.
(29)
Public health-related institution or Health-related institution--a
medical or dental unit as defined by the Texas Education Code, §61.003(5).
(30)
Public university or University--a general academic teaching
institution as defined by the Texas Education Code, §61.003(3).
(31)
Regional Council--A cooperative arrangement among representatives
of all public, private or independent institutions of higher education within
a Uniform State Service Region, as established under Texas Education Code, §51.662.
(32)
Regular on-campus student--A student who is admitted to
an institution, the majority of whose semester credit hours are reported for
formula funding, and whose coursework is primarily taken at an institution's
main campus.
(33)
Semester credit hour--A unit of measure of instruction
consisting of 60 minutes, of which 50 minutes must be direct instruction,
over a 15-week period in a semester system or a 10-week period in a quarter
system.
(34)
Service area--The territory served by a community college
district as defined in Texas Education Code, §130.161.
(35)
Study-in-America courses--Academic credit instruction
delivered outside Texas but in the United States primarily to regular on-campus
students.
(36)
Study-Abroad courses--Academic credit instruction delivered
outside the United States primarily to regular on-campus students.
(37)
Workforce continuing education course--A course of ten
contact hours of participation in an organized continuing education experience
under responsible sponsorship, capable direction, and qualified instruction,
as outlined in the Guidelines for Instructional Programs in Workforce Education
with an occupationally specific objective and supported by state appropriations.
A workforce continuing education course differs from a community service course,
which is not eligible for state reimbursement and is offered for recreational
or avocational purposes.
§4.104.General Provisions.
(a)
This subchapter governs the following types of instruction
offered by institutions of higher education:
(1)
Academic credit courses, degree and certificate programs,
and formula-funded workforce continuing education provided by a community
college through distance education or outside of the boundaries of its taxing
district through off-campus instruction;
(2)
Academic credit courses, and degree and certificate programs
provided by a senior college or university or health-related institution through
distance education; off-campus instruction; or on-campus, off-campus or electronic
extension;
(3)
Academic credit courses, degree and certificate programs,
and formula-funded workforce continuing education provided by a public technical
college or Lamar state college through distance education or off-campus instruction;
(4)
Academic credit courses and programs offered outside Texas
by institutions of higher education, including Study-Abroad, Study-in-America,
out-of-state, and out-of-country courses;
(5)
Extension courses and programs that are offered through
distance education or off-campus instruction are covered under this subchapter's
provisions concerning distance education or off-campus instruction, even though
they may not be submitted for formula funding.
(b)
This subchapter does not apply to the following types of
instruction:
(1)
Non-credit adult and continuing education courses provided
through distance education, off-campus delivery, or given by on-campus extension
by a senior college or university or health-related institution;
(2)
Continuing education, except formula-funded workforce continuing
education, provided by community colleges, Lamar state colleges, and public
technical colleges.
§4.105.Functions of Regional Councils.
(a)
Universities, health-related institutions, public technical
colleges, and Lamar state colleges shall submit for Regional Council review
all off-campus lower-division courses proposed for delivery to sites in the
Council's Service Region.
(b)
Public community colleges shall submit for the appropriate
Regional Council's review all off-campus lower-division courses proposed for
delivery to sites outside their service areas.
(c)
In the event of a dispute arising from electronic delivery
of lower-division courses, any institution party to the disagreement may appeal
first to the Regional Council, and then to the Commissioner and the Board.
(d)
Regional Councils in each of the ten Uniform State Service
Regions shall make recommendations to the Commissioner and shall resolve disputes
regarding plans for lower-division courses and programs proposed by public
institutions.
(e)
Each Regional Council shall make recommendations to the
Commissioner regarding off-campus courses and programs proposed for delivery
within its Uniform State Service Region in accordance with the consensus views
of Council members, except for courses and programs proposed to be offered
by public community colleges in their designated service areas.
(f)
Regional Councils shall advise the Commissioner on appropriate
policies and procedures for effective state-level administration of off-campus
lower-division instruction.
§4.106.Institutional Report for Distance Education, Off-Campus Instruction, and On-Campus Extension Programs.
(a)
Prior to offering any distance education, off-campus, or
on-campus extension courses or programs for the first time, institutions of
higher education shall submit an Institutional Report for Distance Education,
and Off-Campus and On-Campus Extension Instruction to the Board for approval.
The Commissioner shall provide guidelines for development of the report and
a schedule for periodic submission of updated reports.
(b)
Institutional academic and administrative policies shall
reflect a commitment to maintain the quality of distance education, off-campus,
and on-campus extension courses and programs in accordance with the provisions
of this subchapter. An Institutional Report shall conform to Board guidelines
and criteria of the Commission on Colleges of the Southern Association of
Colleges and Schools in effect at the time of the Report's approval. These
criteria shall include provisions relating to:
(1)
Institutional Issues;
(2)
Educational Programs;
(3)
Faculty;
(4)
Student Support Services; and
(5)
Distance Education Facilities and Support.
§4.107.Standards and Criteria for Distance Education, Off-Campus Instruction, and On-Campus Extension Courses and Programs.
(a)
The following provisions apply to all programs and courses
covered under this subchapter, unless otherwise specified:
(1)
Each course and program offered under the provisions of
this subchapter shall be within the role and mission of the institution responsible
for offering the instruction. Each course shall be on the offering institution's
inventory of approved courses, and each program shall be on the offering institution's
inventory of approved programs.
(2)
Prior approval may be required before an institution may
offer courses and programs under the provisions of this subchapter in certain
subject area disciplines or under other conditions specified by the Board
or Commissioner.
(3)
The Commissioner shall establish procedures governing the
quality, review and approval of distance education, off-campus, and on-campus
extension courses and programs.
(4)
The Commissioner may require institutions to provide special
reports on distance education, off-campus, out-of-state/country, and on-campus
extension courses and programs.
(b)
The following provisions apply to all programs covered
under this subchapter, unless otherwise specified:
(1)
An institution shall not offer doctoral or first-professional
degree programs by distance education, off-campus, and/or on-campus extension
instruction without specific prior approval by the Board. The Commissioner
may approve for delivery to other off-campus sites or by other delivery modes
doctoral and special professional degree programs that have previously been
approved by the Board for electronic or off-campus delivery.
(2)
An institution offering a degree or certificate program
under the provisions of this subchapter shall comply with relevant procedures
and rules of the appropriate regulatory or accrediting agency or professional
certification board.
(3)
Each degree program offered by distance education, off-campus
instruction, or on-campus extension shall be approved by an institution's
governing board. A certification concerning each of these degree programs
shall be submitted to the Board. The certification shall be provided in accordance
with provisions and schedules determined by the Commissioner. For baccalaureate
and graduate off-campus programs and for on-campus extension programs, the
parent institution shall notify all potentially affected peer institutions
as determined by the Commissioner.
(4)
Institutions shall require that students (except for students
in out-of-country programs) enrolled in a distance education, off-campus,
or on-campus extension degree program satisfy the same requirements for admission
to the institution and the program as required of regular on-campus students.
Students in degree programs to be offered collaboratively shall meet the admission
standards of their home institution. Out-of-country students shall meet equivalent
standards for admission into programs.
(c)
The following provisions apply to all courses covered under
this subchapter, unless otherwise specified:
(1)
Except for out-of-state/country courses, institutions shall
provide notification of each course offered by distance education, off-campus,
or on-campus extension instruction under the provisions of this subchapter
in accordance with provisions and schedules determined by the Commissioner.
Institutions specifically shall provide notification to peer institutions
of off-campus courses and on-campus extension courses.
(2)
Institutions shall report distance education and off-campus
courses submitted for formula funding in accordance with the Board's uniform
reporting system and the reporting provisions of this subchapter.
(3)
Institutions may submit for formula funding the following
types of academic credit courses: distance education courses delivered to
Texas and non-Texas residents located on-campus or at another location in
Texas, distance education courses delivered to Texas residents located out
of state or out of country; Study-Abroad courses, and Study-in-America courses.
(4)
Institutions shall not submit the following types of courses
for formula funding:
(A)
distance education courses taken by non-resident students
who are located out of state or out of country,
(B)
courses in out-of-state or out-of-country programs, as
defined above, taken by any student, or
(C)
extension courses.
(5)
For courses not eligible to be submitted for formula funding,
institutions shall charge fees that are equal to or greater than Texas resident
tuition and applicable fees, and that are sufficient to cover the total cost
of instruction and overhead, including administrative costs, benefits, computers
and equipment, and other related costs.
(6)
Study-in-America and Study-Abroad courses offered by institutions
of higher education, or by an approved consortium composed of Texas public
institutions, shall be approved by the Commissioner in order for the semester
credit hours or contact hours generated in those courses to receive formula
funding. The Commissioner shall develop procedures and standards for Study-in-America
and Study-Abroad offerings.
(7)
All courses covered under this subchapter shall meet the
quality standards applicable to on-campus courses. They shall also adhere
to the following guidelines and standards:
(A)
Courses which offer either academic credit or Continuing
Education Units shall do so in accordance with the standards of the Commission
on Colleges of the Southern Association of Colleges and Schools.
(B)
Except for students in out-of-country courses, students
shall satisfy the same requirements for enrollment in an academic credit course
as required of on-campus students. Out-of-country students shall be assessed
for academic guidance purposes.
(C)
Faculty shall be selected and evaluated by equivalent standards,
review, and approval procedures used by the institution to select and evaluate
faculty responsible for on-campus courses.
(D)
Institutions shall provide training and support to enhance
the added skills required of faculty teaching courses through electronic means.
(E)
The instructor of record shall bear responsibility for
the delivery of instruction and for evaluation of student progress.
(F)
Faculty for graduate-level courses shall be approved in
the same manner as graduate faculty for on-campus courses.
(G)
All courses shall be appropriately integrated with the
entity or entities administering the corresponding on-campus courses. The
supervision, monitoring, and evaluation processes for instructors shall be
equivalent to those for on-campus courses.
(H)
Students shall be provided academic support services appropriate
for distance education and off-campus learners--including academic advising,
career counseling, library and other learning resources, and financial aid.
(I)
Facilities (other than homes as distance education reception
sites) shall be comparable in quality to those for on-campus courses.
(J)
Institutions shall adhere to additional criteria outlined
in the Guidelines for Institutional Reports for Distance Education and Off-Campus
Instruction.
§4.108.Non-Formula-Funded (Extension) Course and Program General Provisions.
(a)
Institutions shall not submit non-state-funded lower-division
credit courses to Regional Councils.
(b)
Institutions shall not submit distance education courses
delivered outside the state to non-Texas residents for formula funding.
(c)
The Commissioner shall develop standards for institutions
offering out-of-state/country courses and programs.
(d)
Institutions shall not jeopardize or diminish the status
of formula-funded on-campus courses and programs in order to offer extension
courses. Extension courses shall not be a substitute for offering a sufficient
number of formula-funded on-campus courses.
(e)
Institutions shall report fees received for extension and
out-of-state/country courses in accordance with general institutional accounting
practices.
(f)
Institutions shall report enrollments, courses and graduates
associated with extension offerings as required by the Commissioner.
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 April 22, 2005.
TRD-200501673
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 W. EDUCATIONAL LOAN REPAYMENT PROGRAM FOR ATTORNEYS EMPLOYED BY THE OFFICE OF THE ATTORNEY GENERAL
19 TAC §§21.710 - 21.717
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.710 - 21.717, concerning the Conditional Loan
Repayment Program for Attorneys Employed by the Office of the Attorney General.
The Office of General Counsel concluded that, due to numerous changes to the
sections, it would be more efficient to repeal the whole subchapter and propose
all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the sections are in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
that the sections are in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the sections as proposed. There
is no impact on local employment.
Comments on the proposed repeal 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 repeals are proposed under the Texas Education Code, §61.9729,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of Subchapter DD of the Texas Education Code, concerning the Repayment of
Certain Education Loans Owed by Certain State Attorneys.
The repeals affect the Texas Education Code, §§61.9729 - 61.9732.
§21.710.Authority, Scope, and Purpose.
§21.711.Definitions.
§21.712.Priorities of Application Acceptance.
§21.713.Eligible School of Law.
§21.714.Eligible Attorney.
§21.715.Eligible Education Loan.
§21.716.Education Loan Repayments.
§21.717.Advisory Committee.
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 April 25, 2005.
TRD-200501683
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 21, 2005
For further information, please call: (512) 427-6114
19 TAC §§21.710 - 21.716
The Texas Higher Education Coordinating Board proposes new §§21.710
- 21.716, concerning the Education Loan Repayment Program for Attorneys Employed
by the Office of the Attorney General. Specifically, the proposed new sections
would provide for a more efficient application process and allow for appropriate
expertise in selecting applicants to receive loan repayment.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be no fiscal implications to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to increase the retention of attorneys
employed by the Attorney General’s Office. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections 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
The new sections are proposed under the Texas Education Code, §61.9729,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of Subchapter DD of the Texas Education Code, concerning the Repayment of
Certain Education Loans Owed by Certain State Attorneys.
The new sections affect the Texas Education Code, §§61.9729 -
61.9732.
§21.710.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter X, Repayment of Certain Education Loans
Owed by Certain State Attorneys. These rules establish procedures to administer
the program as prescribed in the Texas Education Code, §§61.9721
- 61.9732.
(b)
Purpose. The purpose of the Education Loan Repayment Program
for Attorneys Employed by the Office of the Attorney General is to recruit
and retain attorneys in the Office of the Attorney General of the State of
Texas.
§21.711.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Attorney General--The Office of the Attorney General of
the State of Texas (OAG).
(2)
Board--The Texas Higher Education Coordinating Board.
(3)
Commissioner--The Texas Commissioner of Higher Education.
(4)
Program--The Education Loan Repayment Program for Attorneys
Employed by the Office of the Attorney General.
(5)
Eligible School of Law--a School of Law in Texas which
is accredited by the American Bar Association.
(6)
Institution or Institution of Higher Education--an institution
of higher education as defined in Texas Education Code, §61.003(8) or
a private or independent institution of higher education, as defined in Texas
Education Code, §61.003(15).
§21.712.Application Review Committee.
The Board shall rely on the recommendations of an application review
committee in making awards of repayment assistance. The committee shall be
composed of a minimum of three attorneys who are, at the time of the application
review, employed by the Office of the Attorney General. Additional members
may include attorneys employed by either the Office of the Attorney General
or by the State Bar of Texas. The purpose of the committee shall be to:
(1)
advise the Board on appropriate rules for the Program;
(2)
advise the Board on the amount of money needed to adequately
fund the Program;
(3)
advise the Board on the format and content of the applications
for repayment;
(4)
assist the Board in the dissemination of information about
the Program;
(5)
prepare an application scoring tool for use in selection
and referral of eligible applicants for acceptance into the program. The scoring
tool shall establish the priorities among the various criteria for consideration
of application approval, taking into consideration the current needs of the
Office of the Attorney General for recruitment and retention of eligible attorneys;
(6)
evaluate each applicant separately, using the scoring tool
to rank qualified applicants for award; and
(7)
select and refer applicants to the Board for awarding of
loan repayment assistance.
§21.713.Application Approval.
Approval of applicants will depend upon the availability of funds,
and the recommendations of the Application Review Committee.
§21.714.Eligible Attorney.
To be eligible for loan repayment assistance, an applicant must:
(1)
be licensed by the State Bar of Texas at the time application
is made;
(2)
submit a completed application to the Office of the Attorney
General on or before the annual deadline of December 1 of each year;
(3)
have been employed for at least one year by the Office
of the Attorney General and be employed as an Assistant Attorney General I
- III at the time that the application is submitted;
(4)
have been employed for fewer than five years by the Office
of the Attorney General at the time that the application is submitted;
(5)
be in good standing with the State Bar of Texas and the
Office of the Attorney General; and
(6)
have not received more than two previous awards of annual
repayment assistance under this Program.
§21.715.Eligible Education Loan.
An eligible education loan is one that:
(1)
was obtained through a lender for purposes of attending
an eligible school of law or for undergraduate education at an institution
of higher education, or was obtained though a lender for purposes of consolidating
education loans,
(2)
does not entail a service obligation and is not being repaid
through another loan repayment program,
(3)
is not an education loan made to oneself from one’s
own insurance policy or pension plan or from the insurance policy or pension
plan of a relative,
(4)
is not in default at the beginning of the service period,
and
(5)
is evidenced by a promissory note or other writing signed
by the participant which explicitly requires the loan proceeds to be used
to pay for costs incurred for attendance at a public or private institution
of higher education.
§21.716.Education Loan Repayments.
The Application Review Committee shall inform the Board when applicants
have satisfactorily met all eligibility requirements and have been selected
for an award, and the Board shall arrange for the disbursement of the award.
Eligible education loans shall be paid once an award once a year under the
following conditions:
(1)
the annual award shall be:
(A)
co-payable to the attorney and the holder(s) of the loan(s),
and forwarded to the applicant to submit to his or her holder; or
(B)
made payable to the holder and forwarded directly, or sent
by electronic funds transfer (EFT) to the holder by the Board;
(2)
the annual award amount shall be determined by the Commissioner,
with input from the Application Review Committee, but shall not exceed $6,000;
and
(3)
repayments shall be applied in the manner that is usual
and customary for the holder.
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 April 25, 2005.
TRD-200501684
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 21, 2005
For further information, please call: (512) 427-6114
19 TAC §21.1083
The Texas Higher Education Coordinating Board proposes amendments
to §21.1083, concerning the Educational Aide Exemption Program. Specifically,
the proposed amendments would emphasize that an educational aide must have
been employed full time as an educational aide for at least one of the past
five years in order to be eligible for the exemption.
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 be no fiscal implications to state or local government as a result of
enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of administering
the section would be to acknowledge the significance of experience as an educational
aide by requiring that experience to be full-time. There is no effect on small
businesses. There is no anticipated economic cost 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
The amendments are proposed under the Texas Education Code, §54.214,
which states that the Coordinating Board is authorized to adopt rules as necessary
to implement this section.
The amendments affect the Texas Education Code, Chapter 54, Subchapter
D, §54.214.
§21.1083.Eligible Students.
To receive an award through the Educational Aide Exemption Program,
a student must:
(1)
be a resident of Texas;
(2)
have at least one school year of experience as
a full-time
[
(3) - (7)
(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 April 25, 2005.
TRD-200501682
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 I. PROVISIONS FOR THE FIFTH-YEAR ACCOUNTING STUDENT SCHOLARSHIP PROGRAM
19 TAC §§22.162, 22.166, 22.167
The Texas Higher Education Coordinating Board proposes amendments
to §§22.162, 22.166, and 22.167 concerning the Fifth-Year Accounting
Student Scholarship Program. Specifically, the proposed amendments to §22.162
would eliminate unnecessary definitions and add a definition of "Institution."
The proposed amendment to §22.166 would reflect the inclusion of race/ethnicity
in the allocation formulae. The proposed amendments to §22.167 would
change the administration of the program from a centrally processed one to
a campus-based program, streamline operations at the Coordinating Board, add
consistency to the way programs are administered, and provide the Coordinating
Board additional control over unexpended funds.
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 be no fiscal implications to the state. There will be no fiscal implications
to 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 sections are in effect, the public benefit anticipated as a result of
administering the sections would be simplification of program administration
for institutions. There is no effect on small businesses. There is no anticipated
economic cost 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
The amendments are proposed under the Texas Education Code, §61.753,
which authorizes the Coordinating Board to establish and administer scholarships
for fifth-year accounting students.
The amendments affect Texas Education Code, §§61.751 - 61.758.
§22.162.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)
[
(3)
[
[
(4)
[
(5)
[
(6)
[
(7)
Institution--Public and private or independent
institutions of higher education as defined in Texas Education Code, §61.003.
[
(8)
[
(9)
[
(10)
[
§22.166.Allocations and Reallocations.
(a)
Allocations.
The Board, with the assistance of the
Advisory Committee, shall develop a formula for allocating funds to participating
institutions in a way to best fulfill the goals of the program. At a minimum,
the total number of accounting degrees issued and the number of African-American
and Hispanic students who receive accounting degrees at each participating
institution shall be considered in determining the allocation formula.
[
(b)
Reallocations. Unless otherwise indicated, institutions
will have until a date specified by the Board via a policy memo addressed
to the Program Officer at the institution to encumber all funds allocated
to them. On that date, institutions lose claim to any unencumbered funds and
the unencumbered funds are available to the Board for reallocation to other
institutions. If necessary for ensuring the full use of funds, subsequent
reallocations may be scheduled until all funds are awarded and disbursed.
§22.167.Disbursements to Institutions.
Requests for program funds for eligible students shall
be made by the Program Officer and program funds, up to the maximum allocation
for the institution, shall be disbursed to the institution for immediate release
to the students or immediate application to the students' accounts at the
institution. Requests for program funds may be made at any time during the
academic year prior to the reallocation deadline.
[
[
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 April 25, 2005.
TRD-200501679
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 21, 2005
For further information, please call: (512) 427-6114
19 TAC §§22.168 - 22.172
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§22.168 - 22.172 concerning the Fifth-Year Accounting
Student Scholarship Program. Specifically, the proposed repeal would allow
institutions to administer the program as a campus-based program and would
eliminate the need for §22.168, titled "Adjustments to Awards Made through
Central Processing." Deleting §22.168 necessitates repealing §§22.168
- 22.172 in order that the remaining sections may be renumbered.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the repeal is in effect, there
will be no fiscal implications to state or local government as a result of
enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the sections would be to improve the administration 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 proposed repeal 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 repeal is proposed under the Texas Education Code, §61.753,
which authorizes the Coordinating Board to establish and administer scholarships
for fifth-year accounting students.
The repeal affects the Texas Education Code, §§61.751 - 61.758.
§22.168.Adjustments to Awards Made through Central Processing.
§22.169.Retroactive Disbursements.
§22.170.Advisory Committee.
§22.171.Reporting Requirements.
§22.172.Dissemination of Information and Rules.
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 April 25, 2005.
TRD-200501681
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 21, 2005
For further information, please call: (512) 427-6114
19 TAC §§22.168 - 22.171
The Texas Higher Education Coordinating Board proposes new §§22.168
- 22.171 concerning the Fifth-Year Accounting Student Scholarship Program.
Specifically, the proposed new sections reflect the necessary renumbering
as a result of deleting the section titled "Adjustments to Awards Made through
Central Processing."
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be no fiscal implications to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections would be to improve the administration 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
The new sections are proposed under the Texas Education Code, §61.753,
which authorizes the Coordinating Board to establish and administer scholarships
for fifth-year accounting students.
The new sections affect the Texas Education Code, §§61.751 -
61.758.
§22.168.Retroactive Disbursements.
(a)
A student may receive a disbursement after the end of his/her
period of enrollment if the student:
(1)
owes funds to the institution for the period of enrollment
for which the award is being made; or
(2)
received a student loan that is still outstanding for the
period of enrollment for which the award is being made.
(b)
Funds that are disbursed retroactively must either be used
to pay the student’s outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding loan received
during that period of enrollment. Under no circumstances are funds to be released
to the student.
§22.169.Advisory Committee.
(a)
The Board shall appoint an advisory committee to advise
the Board concerning assistance provided under this subchapter to fifth-year
accounting students.
(1)
The advisory committee shall consist of:
(A)
a chair named by the Board;
(B)
one representative named by the Texas State Board of Public
Accountancy;
(C)
one representative named by the Texas Society of Certified
Public Accountants;
(D)
a Texas representative of the American Accounting Association
named by that organization;
(E)
one representative named by the National Association of
Black Accountants;
(F)
one representative named by the American Association of
Hispanic Certified Public Accountants; and
(G)
two representatives named by the Board who are the chairs
of accounting departments at Texas colleges and universities, at least one
of whom must be a representative of a private college or university and at
least one other of whom must be a representative from a college or university
that primarily serves minority students.
(2)
The costs of participation on an advisory committee of
a member representing a particular organization or agency shall be borne by
that member or the organization or agency the member represents.
(b)
The duties of the advisory committee shall be to advise
the Board on:
(1)
how the scholarships provided for under this subchapter
should be established and administered to best promote the public purpose
of the scholarships;
(2)
the amount of money needed to adequately fund the scholarship
program;
(3)
setting priorities among the factors identified by Section
22.164(b) of this title (relating to Eligible Students).
§22.170.Reporting Requirements.
Before January 15 of each odd-numbered year, the Board shall report
to the Legislature concerning the scholarship program. The report must include:
(1)
the number and amount of scholarships awarded in the two
calendar years preceding the year in which report is due; and
(2)
the number of minority students, by racial or ethnic background,
who have been awarded scholarships during that two-year period.
§22.171.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in 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 April 25, 2005.
TRD-200501680
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 61.
SCHOOL DISTRICTS
Subchapter BB. COMMISSIONER'S RULES ON REPORTING REQUIREMENTS
19 TAC §61.1025
The Texas Education Agency (TEA) proposes an amendment to §61.1025,
concerning the Public Education Information Management System (PEIMS). The
section defines the standards by which school districts and charter schools
are to submit required information. The section also specifies the review
process when data elements are added, deleted, or modified, providing consistency
in updates to the PEIMS standards. The proposed amendment would clarify the
description of the TEA's data collection and reporting systems. This clarification
would provide the additional flexibility needed to determine the best methods
to collect and report data to meet state and federal statutory requirements.
Through 19 TAC §61.1025, adopted to be effective May 30, 2001, the
commissioner exercised rulemaking authority over PEIMS as authorized by TEC, §42.006.
The proposed amendment to 19 TAC §61.1025, Public Education Information
Management (PEIMS) Data Standards, would add new subsection (a) establishing
what data comprise PEIMS; revise subsection (b) by clarifying the broader
description of data standards; modify subsection (c) by updating and refining
the description of the external review process; and add new subsection (d)
delineating the TEA's internal review process. The proposal would also include
changing the section title to Public Education Information Management System
(PEIMS) Data and Reporting Standards.
Criss Cloudt, associate commissioner for accountability and data quality,
has determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state and local government as a result
of enforcing or administering the amendment.
Dr. Cloudt has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the section will be updated information for determining the appropriate data
collection methods necessary to meet state and federal reporting requirements.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the proposed amendment.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed amendment submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of the proposal has been published in the
The amendment is proposed under the Texas Education Code (TEC), §42.006,
which authorizes the commissioner of education, in reviewing and revising
the Public Education Information Management System (PEIMS), to develop rules
to ensure that the PEIMS meets the requirements specified in TEC, §42.006(c)(1)
- (3) and (d).
The amendment implements the Texas Education Code, §42.006.
§61.1025.Public Education Information Management System (PEIMS) Data and Reporting Standards.
(a)
Data submissions. The Public
Education Information Management System (PEIMS) consists of all data submitted
by school districts, charter schools, campuses, and other educational organizations
and entities to the Texas Education Agency (TEA).
(b)
[
(1)
descriptions
[
(2)
descriptions of data elements and the codes used to report
them;
(3)
detailed responsibilities of school districts, education
service centers, and the TEA in connection with the data submission
processes
[
(4)
descriptions of the data submission requirements, including
submission record layout specifications and data edit specifications.
(c)
[
(1)
Prepare proposal. A written proposal is prepared to add,
delete, or modify [
(2)
Conduct research. Survey a sampling of districts to update
and refine cost estimates, assess district burden, and determine any benefits
from a pilot of the data collection.
(3)
Solicit feedback. The
subcommittee(s) established
by the commissioner
[
(4)
Collect data.
Data
[
(5)
Reevaluate data requirements. All [
(d)
Internal review process. The
commissioner shall establish and determine the membership of a TEA committee
that provides oversight of the TEA data collections and reporting policies.
The commissioner shall also establish a TEA subcommittee that reviews data
collections and reporting standards according to the requirements specified
in TEC, §42.006(c)(1) - (3) and (d). The subcommittee is also responsible
for maintaining data collections at the TEA. The procedure for adding, deleting,
or modifying data elements described in subsection (c)(1) - (5) of this section
provides consistency in updates to data and reporting standards. The commissioner
may approve changes to data and reporting standards outside this process if
necessary to expedite implementation.
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 April 22, 2005.
TRD-200501675
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 475-1497
Subchapter AA. MEMORANDA OF UNDERSTANDING
19 TAC §92.1001, §92.1003
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Education Agency or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Education Agency (TEA) proposes the repeal
of §92.1001 and §92.1003, concerning memoranda of understanding.
Section 92.1001 adopts by rule the memorandum of understanding for coordinated
services to children and youth. Section 92.1003 adopts by rule the memorandum
of understanding concerning the Communities In Schools program. The repeals
are necessary because of changes in authorizing statutes.
The 71st Texas Legislature, 1989, passed Senate Bill 298, the original
legislation that authorized a system of community resource coordination groups
to coordinate services for children and youth. The commissioner of education
exercised rulemaking authority to adopt 19 TAC §92.1001, Memorandum of
Understanding for Coordinated Services to Children and Youth, effective October
5, 1998. The 77th Texas Legislature, 2001, passed Senate Bill 1468, legislation
for coordinated services to children and youth that no longer mandates the
memorandum of understanding (MOU) to be adopted by rule. Accordingly, this
rule action proposes the repeal of 19 TAC §92.1001.
The Texas Family Code, Chapter 264, passed by the 76th Texas Legislature,
1999, required the TEA and the Texas Department of Protective and Regulatory
Services (DPRS) to adopt an MOU into rule. The current commissioner rule,
19 TAC §92.1003, Memorandum of Understanding Concerning the Communities
In Schools Program, was adopted to be effective October 1, 2000. The 78th
Texas Legislature, 2003, passed Senate Bill 1038, transferring provisions
of the Texas Family Code, Chapter 264, Subchapter I, to the Texas Education
Code, Chapter 33, Subchapter E. The transfer of the Texas Family Code to the
Texas Education Code transferred the Communities In Schools (CIS) program
from the Department of Family and Protective Services (DFPS), formerly known
as the DPRS, to the TEA. The current MOU between the TEA and the DPRS is no
longer applicable. Accordingly, this rule action proposes the repeal of 19
TAC §92.1003.
Senate Bill 1038 specified that on September 1, 2003, a reference in law
or administrative rule to the DPRS that relates to the CIS program means the
TEA and that a reference in law or administrative rule of the executive director
of the DPRS that relates to the CIS program means the commissioner of education.
The legislation also stated that a rule of the DPRS relating to the CIS program
continues in effect as a rule of the commissioner of education until superseded
by rule of the commissioner of education. Accordingly, the commissioner of
education has proceeded with the rulemaking process to adopt provisions for
the CIS. Proposed new 19 TAC Chapter 89, Adaptations for Special Populations,
Subchapter EE, Commissioner's Rules Concerning Communities In Schools Programs,
was filed as proposed on April 18, 2005. Adoption of these new rules is scheduled
to take effect in the summer of 2005.
Linda Crawford, director of interagency coordination, has determined that
for the first five-year period the repeals are in effect there will be no
fiscal implications for state and local government as a result of enforcing
or administering the repeals.
Ms. Crawford has determined that for each year of the first five years
the repeals are in effect the public benefit anticipated as a result of enforcing
the repeals would be the elimination of expired statutory requirements. The
proposed repeal of the MOU for coordinated services to children and youth
would eliminate an expired requirement in statute. The repeal of the existing
MOU concerning the Communities In Schools program would eliminate expired
provisions, as a result of the legislative transfer of the CIS program to
TEA. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the proposed repeals.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed repeals submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of the proposal has been published in the
The repeals are proposed under Senate Bill 1468, 77th Texas Legislature,
2001, which no longer mandates that an MOU relating to coordinated services
to children and youth be adopted by rule and Senate Bill 1038, 78th Texas
Legislature, 2003, which transferred the Communities In Schools program to
the TEA.
The repeals implement Senate Bill 1467, 77th Texas Legislature, 2001, and
Senate Bill 1038, 78th Texas Legislature, 2003.
§92.1001.Memorandum of Understanding for Coordinated Services to Children and Youth.
§92.1003.Memorandum of Understanding Concerning the Communities In Schools Program.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501676
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 475-1497
Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING
19 TAC §97.1004
The Texas Education Agency (TEA) proposes new §97.1004,
concerning adequately yearly progress (AYP). The proposed new §97.1004
would describe the procedures for determining AYP and adopt applicable excerpts,
Under the accountability provisions in the federal No Child Left Behind
Act, all public school campuses, school districts, and the state are evaluated
for AYP. Districts, campuses, and the state are required to meet AYP criteria
on three measures: reading/language arts, mathematics, and either graduation
rate (for high schools and districts) or attendance rate (for elementary and
middle/junior high schools). If a campus, district, or state that is receiving
Title I, Part A funds fails to meet AYP for two consecutive years, that campus,
district, or state is subject to certain requirements such as offering supplemental
educational services, offering school choice, or taking corrective actions.
To implement these requirements, the agency developed the AYP Guide. Agency
legal counsel has determined that the commissioner of education should take
formal rulemaking action to place into the
Texas
Administrative Code
procedures related to AYP. The intention is to
annually update the rule to incorporate provisions from the most recently
published AYP Guide.
The proposed new 19 TAC §97.1004 would establish provisions related
to AYP and set forth the process for evaluating campus and district AYP status.
The proposed new rule would also adopt excerpts of the
2004 Adequate Yearly Progress Guide
that describe specific features
of the system, AYP measures and standards, and appeals. The proposal would
establish in rule the specific procedures for AYP. The commissioner would
establish AYP provisions annually and communicate that information with school
districts and charters. Applicable procedures would be adopted each year as
annual versions of the AYP manual are published.
Criss Cloudt, associate commissioner for accountability and data quality,
has determined that for the first five-year period the new section is in effect
there will be no fiscal implications for state and local government as a result
of enforcing or administering the new section.
Dr. Cloudt has determined that for each year of the first five years the
new section is in effect the public benefit anticipated as a result of enforcing
the section will be to inform the public of the AYP rating procedures for
the public schools by including this rule in the
Texas Administrative Code
. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the proposed new section.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically to
rules@tea.state.tx.us
or faxed to (512) 463-0028. All requests for
a public hearing on the proposed new section submitted under the Administrative
Procedure Act must be received by the commissioner of education not more than
15 calendar days after notice of the proposal has been published in the
The new section is proposed under the Texas Education Code (TEC), §7.055(b)(32),
which authorizes the commissioner to perform duties in connection with the
public school accountability system as prescribed by TEC, Chapter 39; TEC, §39.073,
which authorizes the commissioner to determine how all indicators adopted
under TEC, §39.051(b), may be used to determine accountability ratings;
and TEC, §39.075(a)(4), which authorizes the commissioner to conduct
special accreditation investigations in response to state and federal program
requirements.
The new section implements the Texas Education Code, §§7.055(b)(32),
39.073, and 39.075(a)(4).
§97.1004.Adequate Yearly Progress.
(a)
In accordance with the federal No Child Left Behind Act
and Texas Education Code §§7.055(b)(32), 39.073, and 39.075, all
public school campuses, school districts, and the state are evaluated for
Adequate Yearly Progress (AYP). Districts, campuses, and the state are required
to meet AYP criteria on three measures: reading/language arts, mathematics,
and either graduation rate (for high schools and districts) or attendance
rate (for elementary and middle/junior high schools). The performance of a
school district, campus, or the state is reported through indicators of AYP
status established by the commissioner of education.
(b)
The determination of AYP for school districts and charter
schools in 2004 is based on specific criteria and calculations, which are
described in excerpted sections of the 2004 AYP Guide provided in this subsection.
Figure: 19 TAC §97.1004(b) (.pdf)
(c)
The specific criteria and calculations used in AYP are
established annually by the commissioner of education and communicated to
all school districts and charter schools.
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 April 22, 2005.
TRD-200501677
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 475-1497
Subchapter E. APPROVAL OF DISTANCE EDUCATION, OFF-CAMPUS, AND EXTENSION COURSES AND PROGRAMS FOR PUBLIC INSTITUTIONS
Chapter 21.
STUDENT SERVICES
Subchapter II. EDUCATIONAL AIDE EXEMPTION PROGRAM
an
] educational aide during the five years preceding the
term or semester for which the student receives the exemption;
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
(2)
Central processing--An approach to administering
a scholarship program by having institutions submit application information
to the Board, which then issues funds to students in keeping with a schedule
specified by the institution in the application data.
]
(3)
] Commissioner--The Commissioner
of Higher Education, the Chief Executive Officer of the Board.
(4)
] Cost of attendance--A Board-approved
estimate of the expenses incurred by a typical financial aid student in attending
a particular college or university. It includes direct educational costs (tuition,
fees, books, and supplies) as well as indirect costs (room and board, transportation,
and personal expenses).
(5)
Encumbered funds--Program funds that have
been offered to a specific student, which offer the student has accepted,
and which may or may not have been disbursed to the student.
]
(6)
] Expected family contribution--The
amount of discretionary income that should be available to a student from
his or her resources and that of his or her family, as determined following
the federal methodology.
(7)
] Financial need--The cost of
attendance at a particular public or private institution of higher education
less the expected family contribution. The cost of attendance and family contribution
are to be determined in accordance with Board guidelines.
(8)
] Half-time student--For undergraduates,
a person who is enrolled or is expected to be enrolled for the equivalent
of six or more semester credit hours. For graduate students, a person who
is enrolled or expected to be enrolled for the equivalent of 4.5 or more semester
credit hours.
(9)
Issue date--The date on which the Board's
centralized processing system generates a voucher requesting a grant disbursement
for specific students.
]
(10)
] Period of enrollment--The
term or terms within the current state fiscal year (September 1-August 31)
for which the student was enrolled in an approved institution and met all
the eligibility requirements for an award through the program described in
this chapter.
(11)
] Program Officer--The individual
named by each participating institution's chief executive officer to serve
as agent for the Board. The Program Officer has primary responsibility for
all ministerial acts required by the program, including maintenance of all
records and preparation and submission of reports reflecting program transactions.
Unless otherwise indicated by the administration, the director of student
financial aid shall serve as Program Officer.
(12)
] Resident of Texas--A resident
of the State of Texas as determined in accordance with Chapter 21, Subchapter
B, of this title (relating to Determining Residence Status). Nonresident students
who are eligible to pay resident tuition rates are not residents of Texas.
One third of the funds allocated to participating institutions shall be allocated
by the Board in proportion to each institution's number of students graduating
with degrees in accounting in the previous year. Two thirds of the funds will
be allocated based on the number of students reported to have significant
amounts of financial need via each institution's prior year Financial Aid
Database Report.
]
(a)
Public Universities and Technical Colleges.
Funds allocated to each institution will be transferred to a cost center at
the State Comptroller's Office, to be drawn down by the institution as needed
to cover local awards.
]
(b)
Private and Independent Institutions and
Public Community Colleges. Funds allocated to each institution will be accessed
through the Board. Program officers will submit applications for eligible
students to the Board, which will issue state warrants for the students in
accordance with disbursement schedules on the applications.
]
Part 2.
TEXAS EDUCATION AGENCY
(a)
] Standards.
Data
[
The Public Education Information Management System (PEIMS) data
] standards,
established by the commissioner of education under Texas Education Code (TEC), §42.006,
shall be used by school districts and charter schools to submit information
required for the legislature and the
TEA
[
Texas Education
Agency (TEA)
] to perform their legally authorized functions.
Data
[
The PEIMS data
] standards shall be [
annually
]
published
annually
in [
an
] official TEA
publications
[
publication
].
These publications
[
This
publication
] shall be widely disseminated and include:
a description
] of the
[
PEIMS
] data
collections and submission
[
reporting
] requirements;
process
], including each deadline for submission
and resubmission; and
(b)
]
External review
[
Review
] process. The
commissioner shall establish a
[
Policy Committee on Public Education Information (PCPEI) is a commissioner's
] policy advisory group that provides
oversight of data collections
and reporting standards policies. The policy advisory group membership shall
be
[
an oversight role for addressing policy issues related to PEIMS
data collection. PCPEI membership is
] composed of representatives of
school districts,
charter schools,
education service centers, state
government, and educational associations.
Subcommittees
[
The Information Task Force (ITF), a subcommittee of PCPEI
] consisting
of technical experts
and
[
,
] representatives from user
groups
may be established by the commissioner to provide
[
, and TEA staff, provides
] timely and impartial
reviews
[
review
] of requested changes or
additions
[
addition
] to
TEA data collections and reporting standards
[
PEIMS
]. The procedure for adding, deleting, or modifying data elements
described in paragraphs (1) - (5) of this subsection provides consistency
in updates to the [
PEIMS
] data
and reporting
standards.
The commissioner may approve changes to the [
PEIMS
] data
and reporting
standards outside this process if necessary to expedite
implementation of data
collections and reporting
[
collection
].
a PEIMS
] data
elements
[
element
]. The proposal provides justification for the data collection, determination
of data availability, and definitions of critical attributes and required
analyses of requested data elements.
ITF
] and other appropriate
TEA
[
agency
] committees review proposals and make formal, written
recommendations to the
policy advisory group
[
PCPEI
].
The
policy advisory group
[
PCPEI
] reviews proposals
and committee recommendations and makes recommendations to the commissioner
for approval, modification, or rejection of the proposed changes.
The PEIMS data
]
standards and [
edit
] software made available to districts online
are updated annually, implementing changes to data submissions requirements.
PEIMS
] data
elements are reviewed by
the commissioner-appointed subcommittee(s) and
policy advisory group
[
ITF and PCPEI
] on a three-year cycle
as part of an ongoing sunset process. The sunset process is designed to ensure
that [
the PEIMS
] data standards meet the requirements specified
in TEC, §42.006(c)(1) - (3)
and (d)
.
Chapter 92.
INTERAGENCY COORDINATION
Chapter 97.
PLANNING AND ACCOUNTABILITY