Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
19 TAC §1.15
The Texas Higher Education Coordinating Board adopts new §1.15
concerning the authority of the Commissioner of Higher Education to propose
Board rules, without changes to the proposed text, as published in the February
18, 2005, issue of the
Texas Register
(30
TexReg 784). Specifically, this new section authorizes the Commissioner of
Higher Education to propose and submit proposed rules to the
Texas Register
for publication prior to consideration by the Board
of the adoption of those rules. Historically, the Board has considered both
the proposal and adoption of rules.
No comments were received regarding the new section.
The new section is adopted under the Texas Education Code, Section
61.027, which provides the Board with the authority to adopt and publish rules
and regulations in accordance with and under the conditions applied to other
agencies by Texas Government Code, Chapter 2001.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501663
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
19 TAC §4.25
The Texas Higher Education Coordinating Board adopts amendments
to §4.25, concerning degree program requirements for undergraduate students
transferring from a Texas public institution of higher education to another
public institution of higher education without changes to the proposed text
as published in the February 18, 2005, issue of the
Texas Register
(30 TexReg 785). Sometimes a degree program's requirements
change. Courses may be added or deleted, based on changes in the field, market
needs, or other reasons. Students who are enrolled in the program when changes
are enacted are generally given a choice of graduation under the requirements
that were in effect when they first enrolled, or the revised requirements.
Transfer students who follow published degree requirements should be afforded
the same options for graduation as students native to the institution. Specifically,
this amendment would require that institutions treat transfer students the
same way they treat their own non-transfer students regarding graduation requirements
under a particular catalog. Institutions would be required to include information
about their policies regarding graduation under the degree requirements of
a particular catalog in their official publications, including print and electronic
catalogs. The adopted amendments would make §4.25 of Board rules consistent
with the definitions in §4.23.
The following comments were received regarding the amendments:
Comments: The University of Texas Medical Branch at Galveston commented
that these amendments were acceptable.
Response: As a result of this comment, no changes were made to the proposed
amendments.
These amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; and §61.051,
which provides the Coordinating Board with authority to develop and implement
policies to provide for the free transferability of lower division course
credit among institutions of higher education.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501667
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §5.6
The Texas Higher Education Coordinating Board adopts an amendment
to §5.6 concerning distribution of operating costs of the Common Admission
Application, without changes to the proposed text as published in the February
18, 2005, issue of the
Texas Register
(30
TexReg 787). Specifically, the amendments would allow a different fee structure
to be used in assessing the annual cost of using the Texas Common Application
by a Texas community college.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §51.762,
which states that the Coordinating Board, with the assistance of an advisory
committee composed of representatives of general academic teaching institutions
and in consultation with affected general academic teaching institutions,
shall adopt by rule a common admission application form for use by a person
seeking admission as a freshman student to a general academic teaching institution.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 25, 2005.
TRD-200501685
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 15, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
19 TAC §5.23, §5.24
The Texas Higher Education Coordinating Board adopts amendments
to §5.23 and §5.24, concerning planning authority for degree without
changes to the proposed text as published in the February 18, 2005, issue
of the
Texas Register
(30 TexReg 788).
Specifically, these amendments change the term planning authority to preliminary
authority, require an institution requesting a new doctoral program to have
prior preliminary authority for the program, and allow institutions to ask
for a change in its table of programs for additional preliminary authority
requests more often than every four years.
The following comments were received regarding the amendments:
Comments: The University of Texas Medical Branch at Galveston commented
that these amendments were acceptable.
Response: As a result of this comment, no changes were made to the proposed
amendments.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; and §61.051,
which provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501668
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
19 TAC §5.44, §5.50
Texas Higher Education Coordinating Board adopts amendments
to §5.44 and §5.50, concerning planning authority for degree programs
and the delegation of authority for approval of new degree programs at public
universities and health-related institutions. Section 5.50 is adopted with
changes to the proposed text as published in the February 18, 2005, issue
of the
Texas Register
(30 TexReg 788). Section
5.44 is adopted without changes and will not be republished.
The amendments to §5.44 change the term planning authority to preliminary
authority. The amendments to §5.50 permit the Commissioner to delegate
to the Assistant Commissioner for Academic Affairs and Research the approval
of all new degree programs at public universities and health-related institutions.
The following comments were received regarding the amendments:
Comments: The University of Texas Medical Branch at Galveston found these
amendments acceptable.
Response: As a result of this comment, no changes were made to the proposed
amendments.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; and §61.051,
which provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education.
§5.50.Approvals by the Commissioner.
(a)
The Commissioner may approve proposals from the public
universities and health-related institutions for new baccalaureate or master's
degree programs and academic administrative change requests, and, in very
limited circumstances, new doctoral programs, on behalf of the Board in accordance
with the procedures and criteria specified in this section.
(b)
To be approved by the Commissioner, a proposal for a new
degree program must include certification in writing from the Board of Regents
of a proposing institution, in a form prescribed by the Commissioner, that
the following criteria have been met:
(1)
The proposed degree program is within the Table of Programs
previously approved by the Board for the requesting institution.
(2)
The curriculum, faculty, resources, support services, and
other components of a proposed degree program are comparable to those of high
quality programs in the same or similar disciplines offered by other institutions.
(3)
Clinical or in-service placements, if applicable, have
been identified in sufficient number and breadth to support the proposed program.
(4)
The program is designed to be consistent with the standards
of the Commission on Colleges of the Southern Association of Colleges and
Schools, and with the standards of other applicable accrediting agencies;
and is in compliance with appropriate licensing authority requirements.
(5)
The institution has provided credible evidence of long-term
student interest and job-market needs for graduates; or, if proposed by a
university, the program is appropriate for the development of a well-rounded
array of basic baccalaureate degree programs at the institution where the
principal faculty and other resources are already in place to support other
approved programs and/or the general core curriculum requirements for all
undergraduate students.
(6)
The program would not be unnecessarily duplicative of existing
programs at other institutions.
(7)
Implementation and operation of the program would not be
dependent on future Special Item funding.
(8)
New costs to the institution over the first five years
after implementation of the program would not exceed $2,000,000.
(c)
In addition to the requirements listed in subsection (a)
and (b) of this section, a new doctoral program may only be approved by the
Commissioner if:
(1)
the institution already offers a doctoral program or programs
in a closely related disciplinary area,
(2)
those existing doctoral programs are productive and offered
at a high level of quality,
(3)
the core faculty for the proposed program are already active
and productive faculty in an existing doctoral program at the institution,
(4)
no other university or health-related institution objects
to the program during the 30-day comment period during which the request is
posted on the web, and
(5)
there is a very strong link between the program and workforce
needs or the economic development of the state.
(d)
A proposal for a new degree program or administrative change
must include a statement from the institution's chief executive officer certifying
adequate financing and explaining the sources of funding to support the first
five years of operation of the program or administrative change.
(e)
If a proposal meets the criteria specified in this section,
the Commissioner may either approve it or forward it to the Board for consideration
at an appropriate quarterly meeting.
(f)
If a proposal does not meet the criteria specified in this
section, the Commissioner may deny approval or forward it to the Board for
consideration at an appropriate quarterly meeting. Institutions may appeal
the decision to deny approval to the Board.
(g)
If a proposed program is the subject of an unresolved grievance
or dispute between institutions, the Commissioner must forward it to the Board
for consideration at an appropriate quarterly meeting.
(h)
At the beginning of each month, the Commissioner shall
make available to the public universities, health-related institutions, community/technical
colleges, and Independent Colleges of Texas, Inc. a list of all pending proposals
for new degree programs and administrative changes. If an institution wishes
to provide the Commissioner information supporting a concern it has about
the approval of a pending proposal for a new degree program at another institution,
it must do so within one month of the initial listing of the proposal, and
it must also forward the information to the proposing institution.
(i)
The authority given to the Commissioner to approve proposals
from public universities and health-related institutions for new degree programs
(and other related duties given under this section) may be delegated by the
Commissioner to the Assistant Commissioner for Academic Affairs and Research.
(j)
Each quarter, the Commissioner shall send a list of his
approvals and disapprovals under this section to Board members. A list of
the approvals and disapprovals shall also be attached to the minutes of the
next quarterly Board meeting.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501669
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §7.7, §7.9
The Texas Higher Education Coordinating Board adopts amendments
to §7.7 and §7.9, concerning standards for certificates of authority
and standards for off-campus operations at exempt institutions without changes
to the proposed text as published in the February 18, 2005, issue of the
Specifically, the standards of the Board in §7.7, which set out the
standards for unaccredited institutions seeking certificates of authority
to grant degrees, and in §7.9, which set out the standards for accredited
out-of-state institutions seeking authority to operate off-campus locations
in Texas, are being modified to make certain requirements of the Board more
explicit and to change certain requirements to be more consistent with standard
educational practice in the United States.
The following comments were received regarding the new sections:
Comments: The University of Texas Medical Branch at Galveston commented
that these amendments were acceptable.
Response: As a result of this comment, no changes were made to the proposed
amendments.
Comments: One commenter requested that the Board add the word "secular"
to various parts of Standard 9 (Faculty Qualifications) and Standard 12 (Curriculum).
Response: The staff believes the suggested change is not only unnecessary,
but would confuse the public by implying that institutions could offer degrees,
which is always a secular function, if they claim that the degrees being offered
are religious in nature. The commenter argues that the term "secular" should
be inserted because the statute is unconstitutional; a claim that has been
rejected by state district court, federal district court, and the state court
of appeals. Finally, the question of the constitutionality of the statute
is currently being considered by the Texas Supreme Court and it would be premature
to enact any change of this nature until after they issue an opinion on this
matter. As a result of this comment, no changes were made to the proposed
amendments.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; Texas Education
Code, §61.002, which establishes the Board as an agency charged to provide
leadership and coordination for the Texas higher education system; Texas Education
Code, §§61.301 - 61.319, concerning regulation of private postsecondary
education institutions; §61.311, which provides the Board with the authority
to promulgate rules governing certificates of authority; Texas Education Code, §§61.401
- 61.405, regarding regulation of public institutions of higher education
established outside the boundaries of the State of Texas; and Texas Education
Code, §61.403 which provides the Board with the authority to promulgate
rules regarding out of state public institutions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501671
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
Subchapter E. CERTIFICATE AND ASSOCIATE DEGREE PROGRAMS
19 TAC §9.93, §9.96
The Texas Higher Education Coordinating Board adopts amendments
to §9.93 and §9.96, concerning approval of certificate programs
and applied associate degree programs without changes to the proposed text
as published in the February 18, 2005, issue of the
Texas Register
(30 TexReg 795).
Specifically, the amendments permit the Commissioner to delegate to the
Assistant Commissioner for Academic Affairs and Research the approval of all
certificate programs and applied associate degree programs that comply with
Board policies as outlined in the Guidelines for Instruction Programs in Workforce
Education.
The following comments were received regarding the amendments:
Comments: The University of Texas Medical Branch at Galveston found these
amendments acceptable.
Response: As a result of this comment, no changes were made to the proposed
amendments.
The amendments 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; and §61.051,
which provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501670
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
Subchapter B. GENERAL PROVISIONS
19 TAC §12.21
The Texas Higher Education Coordinating Board adopts amendments
to §12.21, concerning the procedures for career schools and colleges
to seek authority to offer academic degrees with changes to the proposed text
as published in the February 18, 2005, issue of the
Texas Register
(30 TexReg 796).
Specifically, §§12.1 - 12.46 set forth provisions allowing institutions
holding from the Texas Workforce Commission a certificate of authority to
operate a career school or college to gain permission from the Coordinating
Board to offer applied associate degrees. The amendment to §12.21 would
make more explicit the point that institutions have the option to obtain approval
to offer academic degrees in Texas under the existing provisions in §§7.1
- 7.17. This change would add a reference to the procedures for seeking degree
granting authority into the section heading to draw attention to the procedures
and to clarify that career schools and colleges are specifically included
in the group of institutions eligible to apply for authority to offer academic
degrees under the procedures in §§7.1 - 7.17. Since 1976, institutions
of all types, including career schools and colleges, have been eligible to
apply for authority from the Board to offer academic degrees. Board rules
in §§7.1 - 7.17 (implementing the Texas Education Code, Chapter
61, Subchapter G) require an institution to meet the standards of the Board
and then seek accreditation from an accrediting agency recognized by the Board.
The institution must gain accreditation within eight years of receiving its
first certificate of authority. The institution becomes exempt from Board
oversight when it becomes accredited by a recognized accrediting agency.
The following comments were received regarding the amendments:
Comments: The University of Texas Medical Branch at Galveston commented
that these amendments were acceptable.
Response: As a result of this comment, no changes were made to the proposed
amendments.
The amendments are adopted under the Texas Education Code, §§61.301
- 61.319. Section 61.311 provides the Coordinating Board with general rule-making
authority regarding the use of protected academic terms, offering of degrees
and of courses said to be applicable to degrees, and institutional standards
for issuance of a Certificate of Authority to grant degrees and to offer courses
to be applicable toward a degree.
§12.21.Degree Titles Authorized Under This Chapter.
(a)
Associate of Applied Science (AAS), Associate of Applied
Arts (AAA), and Associate of Occupational Studies (AOS) degrees shall be the
only associate degrees authorized under this chapter.
(b)
A career school or college seeking authority to offer an
academic associate, baccalaureate, or higher degree shall seek approval from
the Board for a certificate of authority under the provisions outlined in
Chapter 7 of this title (relating to Private and Out-of-State Public Postsecondary
Educational Institutions Operating in Texas).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 22, 2005.
TRD-200501672
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 12, 2005
Proposal publication date: February 18, 2005
For further information, please call: (512) 427-6114
Subchapter G. RESEARCH DEVELOPMENT FUND
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter B. ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES
Subchapter C. APPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Chapter 9.
PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES
Chapter 12.
CAREER SCHOOLS AND COLLEGES
Chapter 13.
FINANCIAL PLANNING