Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
19 TAC §1.16
The Texas Higher Education Coordinating Board adopts new §1.16,
concerning Contracts for Materials and Services, without changes to the proposed
text as published in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4310).
Specifically, the new section requires that the Board approve all contractors
for the purchase of materials or services through a vendor other than a state
or local governmental entity if the cost for those materials or services is
expected to exceed $750,000.00. The Agency Operations Committee shall approve
all such contracts if the cost is greater than $100,000.00 but less than $750,000.00
and the Commissioner shall approve all such contracts if the cost is less
than $100,000.00. The Commissioner is required to report to the Agency Operations
Committee, describing all such contracts.
No comments were received regarding the new section.
The new section is adopted under the Texas Education Code, §61.067,
which provides the Board with the authority to contract and Texas Education
Code, §61.027, which provides the Board with the authority to adopt rules.
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 July 26, 2006.
TRD-200603927
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
19 TAC §4.28
The Texas Higher Education Coordinating Board adopts an amendment
to §4.28(d), (j) and (k), concerning core curriculum implementation,
with changes to the proposed text as published in the May 26, 2006, issue
of the
Texas Register
(31 TexReg 4310).
Specifically, the amendments to subsection (d) would provide clarification
to institutions of higher education regarding the institutional core curriculum
a student must follow. The new subsections (j) and (k) would provide clarification
to institutions of higher education regarding the specific prohibition of
institutional representatives allowing exemptions or waivers for any core
curriculum course or component area requirements. It would also establish
a limited procedure for Board staff to approve certain accommodations to the
core curriculum requirements at a specific institution on a case-by-case basis.
Several institutions have indicated that there is confusion about how to determine
whether a student is a "degree-seeking" student. The proposed amendment to
subsection (d) clarifies an existing rule and provides guidance to institutions
as they develop policies about identifying enrolled students as "degree-seeking."
The addition of subsections (j) and (k) will ensure consistency and quality
in the implementation of core curricula at the diverse institutions of higher
education in Texas. Since 1997, institutional decisions regarding substitutions
and/or waivers of core curriculum requirements have been discouraged as a
matter of policy. These clarifications and the establishment of a procedure
for requesting an accommodation to an institution's core curriculum should
reflect consistency and fairness while protecting the integrity of the exemplary
educational outcomes for each component area of the core curriculum. The matter
of waivers or exemptions to the core curriculum is not specifically addressed
in the statutory requirement concerning the statewide transfer of undergraduate
core curriculum, but the matter is frequently brought to Board staff by institutional
representatives requesting clarification and guidance.
The following comments were received regarding the amendments:
Comment: North Harris Montgomery County College District commented that
subsection (j) might be interpreted to exclude the application of incoming
transfer credit from independent or out-of-state institutions to fulfillment
of the core curriculum.
Response: As a result of this comment, subsection (j) was changed to clarify
core curriculum requirements.
Comment: Texas Association of Community Colleges commented that administrators
at colleges should be able to authorize course substitutions, citing specifically
that transfer students from out-of-state institutions need to be accommodated
in the application of their courses earned outside the Texas public university
system of higher education to completion of core curriculum requirements.
Response: Because administrators or faculty at any public higher education
institution have never been authorized to make course substitutions or waive
core curriculum requirements for students already enrolled at their institutions,
and because that modification addresses the specific concern addressed in
each comment, no changes were made as a result of this comment.
The amendments are adopted under the Texas Education Code, §61.827,
which provides the Coordinating Board with the authority to adopt rules to
implement the subchapter regarding core curriculum and other transfer curricula.
§4.28.Core Curriculum.
(a)
General. In accordance with Texas Education Code, §§61.821
- 61.831, each general academic institution, community college, and health-related
institution shall design and implement a core curriculum, including specific
courses composing the curriculum, of no less than 42 lower-division semester
credit hours. Health-related institutions should encourage their students
to complete their core curriculum requirement at a general academic institution
or community college.
(b)
Component Areas. Each institution's core curriculum must
be designed to satisfy the exemplary educational objectives specified for
the component areas of the "Core Curriculum: Assumptions and Defining Characteristics"
adopted by the Board; all lower-division courses included in the core curriculum
must be consistent with the "Texas Common Course Numbering System," and must
be consistent with the framework identified in Charts I and II of this subsection.
Chart I specifies the minimum number of semester credit hours required in
each of five major component areas that a core curriculum must include (with
sub-areas noted in parentheses). Chart II specifies options available to institutions
for the remaining 6 - 12 semester credit hours.
Figure: 19 TAC §4.28(b) (No change.)
(c)
Transfer of Credit--Completed Core Curriculum. If a student
successfully completes the 42 semester credit hour core curriculum at a Texas
public institution of higher education, that block of courses may be transferred
to any other Texas public institution of higher education and must be substituted
for the receiving institution's core curriculum. A student shall receive academic
credit for each of the courses transferred and may not be required to take
additional core curriculum courses at the receiving institution unless the
Board has approved a larger core curriculum at that institution.
(d)
Concurrent Enrollment.
(1)
A student concurrently enrolled at more than one institution
of higher education shall follow the core curriculum requirements in effect
for the institution at which the student is classified as a degree-seeking
student.
(2)
A student who is concurrently enrolled at more than one
institution of higher education may be classified as a degree-seeking student
at only one institution.
(3)
If a student maintains continuous enrollment from a spring
semester to the subsequent fall semester at an institution at which the student
has declared to be seeking a degree, the student remains a degree-seeking
student at that institution regardless of the student's enrollment during
the intervening summer session(s) at another institution.
(e)
Transfer of Credit--Core Curriculum Not Completed. Except
as specified in subsection (f) of this section, a student who transfers from
one institution of higher education to another without completing the core
curriculum of the sending institution shall receive academic credit within
the core curriculum of the receiving institution for each of the courses that
the student has successfully completed in the core curriculum of the sending
institution. Following receipt of credit for these courses, the student may
be required to satisfy the remaining course requirements in the core curriculum
of the receiving institution.
(f)
Satisfaction of Component Areas. Each student must meet
the minimum number of semester credit hours in each component area; however,
an institution receiving a student in transfer is not required to accept component
core course semester credit hours beyond the maximum specified in a core component
area.
(g)
Exemplary Educational Objectives From More Than One Component
Area. An institution may include within its core curriculum a course or courses
that combine exemplary educational objectives from two or more component areas
of the exemplary educational objectives defined in this section.
(h)
Transcripts. Each institution must note core courses on
student transcripts as recommended by the Texas Association of Collegiate
Registrars and Admissions Officers (TACRAO).
(i)
Notice. Each institution must publish and make readily
available to students its core curriculum requirements stated in terms consistent
with the "Texas Common Course Numbering System."
(j)
Substitutions and Waivers. No institution or institutional
representative may approve course substitutions or waivers of the institution's
core curriculum requirements for any currently enrolled student. For students
who transfer to a public institution from a college or university that is
not a Texas public institution of higher education, evaluation of the courses
the student completed prior to admission should apply to the fulfillment of
the core curriculum component areas only those courses the institution has
accepted for transfer that can demonstrate fulfillment of the exemplary educational
objectives for the appropriate component area or areas.
(k)
Accommodations.
(1)
The Commissioner or the Commissioner's designated staff
representative may, on a case-by-case basis, approve an accommodation of a
specific core curriculum component area requirement for a student with a medically-documented
learning disability, including but not limited to dyslexia, dysgraphia, or
Asperger's Syndrome.
(2)
Accommodation shall not include a waiver or exemption of
any core curriculum requirement.
(3)
In requesting an accommodation under this subsection, an
institution may request approval of core curriculum applicability for a course
the institution offers but that is not approved as a part of that institution's
core curriculum, if the institution demonstrates that the course has been
approved to fulfill the same specific core curriculum component area requirement
at five or more other Texas public colleges or universities. The Texas Common
Course Numbering System course number may be used as evidence of the suitability
of the course under this subsection.
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 July 26, 2006.
TRD-200603930
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §§7.6, 7.7, 7.9
The Texas Higher Education Coordinating Board adopts amendments
to §§7.6, 7.7, and 7.9, concerning General Provisions, to clarify
the rules and remove some incorrect references in the rules. The amendments
to §7.7 are adopted with changes to the proposed text as published in
the May 26, 2006, issue of the
Texas Register
(31
TexReg 4312). The amendments to §7.6 and §7.9 are adopted without
changes.
Specifically, amendments to §7.6(f)(2) (relating to Duty to Report)
adds language to clarify that the information reported will be evaluated by
the Board in order to confirm that the institution continues to meet the standards
of the Board; §7.7(2) (relating to Qualifications of Institutional Officers)
is changed to replace minimum standards for qualifications of a chief academic
officer which are too rigid and which do not accurately reflect good practice
in higher education with qualifications that are sufficiently flexible and
more accurately convey the expectations of the higher education community;
and §7.9(a) (relating to Operation of Branch Campuses, Extension Centers,
or Other Off-Campus Units by Exempt Institutions) is changed by removing paragraphs
which created unintended consequences. These paragraphs contained redundant
information, incorrect references to other sections of the rules, and unintended
changes to the process of approving off-campus operations in Texas from out-of-state
institutions.
The following comment was received regarding the amendments:
Comment: The Board's Certification Advisory Council met on June 23, 2006
to consider the proposed rules. The Council unanimously voted to recommend
to the Board that these proposed rules be approved. They did suggest that
the proposed §7.7(2)(B) be amended to add "academic freedom and responsibility,
and tenure (where applicable)."
Response: The Board agreed with this recommendation and §7.7(2)(B)
was changed to add this phrase.
The amendments are adopted under the Texas Education Code, §61.311,
which provides the Board with the authority to adopt rules relating to Subchapter
G on Regulation of Private Postsecondary Educational Institutions.
§7.7.Standards for Certificates of Authority.
The decision to grant a certificate of authority to an institution
will be based on its demonstrated compliance with the following twenty-one
standards. Particular attention will be paid to the institution's commitment
to education, responsiveness to recommendations and suggestions for improvement,
and, in the case of a renewal of a certificate of authority, record of improvement
and progress following initial approval which would ensure accreditation within
the time limits specified in §7.6(c)(3) of this title (relating to Certificate
of Authority). The twenty-one standards represent generally accepted administrative
and academic practices and principles of accredited institutions of higher
education in Texas. Such practices and principles are generally set forth
by regional and specialized accrediting bodies and the academic and professional
societies which have established standards for their members' programs, such
as the National Association of College and University Business Officers and
the American Association of Collegiate Registrars and Admissions Officers.
(1)
Legal Compliance. The institution shall be maintained and
operated in compliance with all applicable ordinances and laws, including
the rules and regulations adopted to administer those ordinances and laws.
The institution shall demonstrate compliance with the Texas Education Code,
Chapter 132 by supplying a copy of a certificate of approval to operate a
career school or college school or a letter of exemption from the Texas Workforce
Commission.
(2)
Qualifications of Institutional Officers.
(A)
The character, education, and experience in higher education
of governing board members, administrators, supervisors, counselors, agents,
and other institutional officers shall be such as may reasonably ensure that
the institution can maintain the standards of the Board and progress to accreditation
within the time limits set by the Board.
(B)
The chief academic officer shall hold an earned doctorate
awarded by an institution accredited by an agency recognized by the Board
or from a foreign institution demonstrated to be equivalent to an accredited
institution, and shall demonstrate sound aptitude for and experience with
curriculum development and assessment; accreditation standards and processes
as well as all relevant state regulations; leadership and development of faculty,
including the promotion of scholarship, research, service, academic freedom
and responsibility, and tenure (where applicable); and the promotion of student
success.
(C)
In the case of a renewal of a certificate of authority,
the institutional officers also shall demonstrate a record of effective leadership
in administering the institution.
(3)
Governing Board. The institution shall have a governing
board consisting of at least five members. The institution's governing board
shall be an active policy-making body, focused on promoting the mission of
the institution, and shall exercise its authority to ensure that the mission
of the institution is carried out. Members of the Board shall represent the
interests of the institution's constituencies of faculty, students, and supporters.
The institution's governing board shall have a compliance committee consisting
of not fewer than three board members. No member of the compliance committee
shall have contractual employment, personal or familial, or financial interest
in the institution. The compliance committee as a whole shall be responsible
for reviewing continuous compliance with this chapter and shall report in
writing to the full governing board at least annually. The governing board
shall ensure that the institution complies with this chapter.
(4)
Distinction of Roles. There shall be sufficient distinction
among the roles and personnel of the governing Board of the institution, the
administration, and faculty to ensure their appropriate separation and independence.
(5)
Financial Resources and Stability. The institution shall
have adequate financial resources and financial stability to provide education
of good quality and to be able to fulfill its commitments to students. The
institution shall have sufficient reserves so that, together with tuition
and fees, it would be able to complete its educational obligations to currently
enrolled students if it were unable to admit any new students.
(6)
Financial Records. Financial records and reports of the
institution shall be kept and made separate and distinct from those of any
affiliated or sponsoring person or entity. Financial records and reports at
a not-for-profit institution shall be kept in accordance with the guidelines
of the National Association of College and University Business Officers as
set forth in College and University Business Administration, (Sixth Edition),
or such later editions as may be published. An annual independent audit of
all fiscal accounts of the educational institution shall be authorized by
the governing board and shall be performed by a properly authorized certified
public accountant.
(7)
Institutional Assessment. Continual and effective assessment,
planning, and evaluation of all aspects of the institution shall be conducted
to advance and improve the institution. These aspects include, but are not
limited to, the academic program of teaching, research, and public service;
administration; financial planning and control; student services; facilities
and equipment, and auxiliary enterprises.
(8)
Student Admission and Remediation.
(A)
Upon the admission of a student to any undergraduate program,
the institution shall document the student's level of preparation to undertake
college level work by obtaining proof of the student's high school graduation
or General Educational Development (GED) certification and by assessing the
academic skills of each entering student with an instrument approved in §4.56
of this title (relating to Assessment Instruments), and otherwise complying
with §§4.51 - 4.59 of this title (relating to the Texas Success
Initiative). If a GED is presented, to be valid, the score must be at or above
the passing level set by the Texas Education Agency. The institution shall
provide an effective program of remediation for students diagnosed with deficiencies
in their preparation for collegiate study.
(B)
Upon the admission of a student to any graduate program,
the institution shall document that the student is prepared to undertake graduate-level
work by obtaining proof that the student holds a baccalaureate degree from
an institution accredited by a recognized accrediting agency, or an institution
holding a certificate of authority to offer baccalaureate degrees under the
provisions of this chapter, or a degree from a foreign institution equivalent
to a baccalaureate degree from an accredited institution. The procedures used
by the institution for establishing the equivalency of a foreign degree shall
be consistent with the guidelines of the National Council on the Evaluation
of Foreign Education Credentials or its successor.
(9)
Faculty Qualifications. The character, education, and experience
in higher education of the faculty shall be such as may reasonably ensure
that the students will receive an education consistent with the objectives
of the course or program of study.
(A)
Each faculty member teaching in an academic associate or
baccalaureate level degree program shall have at least a master's degree from
an institution accredited by a recognized agency with at least 18 graduate
semester credit hours in the discipline, or closely related discipline, being
taught.
(B)
At least 25 percent of the courses in an academic associate
or baccalaureate level major shall be taught by faculty members holding doctorates,
or other degrees, generally recognized as the highest attainable in the discipline,
or closely related discipline, being taught, from institutions accredited
by a recognized agency.
(C)
Each faculty member teaching technical or vocational courses
in a vocational associate degree program shall have at least an associate
degree in the discipline being taught from an institution accredited by a
recognized agency and at least three years of direct or closely related experience
in the discipline being taught.
(D)
Each faculty member teaching general education courses
in a vocational associate degree program shall meet the requirements for academic
associate faculty listed above.
(E)
Graduate-level degree programs shall be taught by faculty
holding doctorates, or other degrees generally recognized as the highest attainable
in the discipline, or closely related discipline, awarded by institutions
accredited by an agency recognized by the Board.
(F)
With the approval of a majority of the institution's governing
board, an individual with exceptional experience in the field of appointment,
which may include direct and relevant work experience, professional licensure
and certification, honors and awards, continuous documented excellence in
teaching, or other demonstrated competencies and achievements, may serve as
a faculty member without the degree credentials specified above. Such appointments
shall be limited and the justification for appointment fully documented. The
Coordinating Board shall evaluate the qualifications of the full complement
of faculty providing instruction at the institution to determine that such
appointments are justified and make up a small percentage of the faculty as
a whole.
(10)
Faculty Size. There shall be a sufficient number of faculty
holding full time teaching appointments who are resident and accessible to
the students to ensure continuity and stability of the education program,
adequate educational association between students and faculty and among the
faculty members, and adequate opportunity for proper preparation for instruction
and professional growth by faculty members. At the associate and baccalaureate
levels, there shall be at least one full-time faculty member in each program.
At the graduate level, there shall be at least four full-time faculty members
in each program.
(11)
Academic Freedom and Faculty Security. The institution
shall adopt, adhere to, and distribute to all members of the faculty a statement
of academic freedom assuring freedom in teaching, research, and publication.
All policies and procedures concerning promotion, tenure, and non-renewal
or termination of appointments, including for cause, shall be clearly stated
and published in a faculty handbook, adhered to by the institution, and supplied
to all faculty. The specific terms and conditions of employment of each faculty
member shall be clearly described in a written document to be given to that
faculty member, with a copy to be retained by the institution.
(12)
Curriculum.
(A)
The quality, content, and sequence of each course, curriculum,
or program of instruction, training, or study shall be appropriate to the
purpose of the institution and shall be such that the institution may reasonably
and adequately achieve the stated objectives of the course or program. Each
program shall adequately cover the breadth of knowledge of the discipline
taught and coursework must build on the knowledge of previous courses to increase
the rigor of instruction and the learning of students in the discipline. Substantially
all of the courses in the areas of specialization required for each degree
program shall be offered in organized classes by the institution. An institution
may offer no more than a very limited amount of for-credit coursework that
does not directly relate to approved programs.
(B)
An academic associate degree must consist of at least 60
semester credit hours or 90 quarter credit hours and not more than 66 semester
credit hours or 99 quarter credit hours. A baccalaureate degree must consist
of at least 120 semester credit hours or 180 quarter credit hours and not
more than 139 semester credit hours or 208 quarter credit hours. A master's
degree must consist of at least 30 semester credit hours or 45 quarter credit
hours and not more than 36 semester credit hours or 54 quarter credit hours
of graduate level work past the baccalaureate degree.
(C)
Courses designed to correct deficiencies, remedial courses
for associate and baccalaureate programs, and leveling courses for graduate
programs, shall not count toward requirements for completion of the degree.
(D)
The degree level, degree designation, and the designation
of the major course of study shall be appropriate to the curriculum offered
and shall be accurately listed on the student's diploma and transcript.
(13)
General Education.
(A)
Each academic associate degree program shall contain a
general education component consisting of at least 30 semester credit hours
or 45 quarter credit hours. Each baccalaureate degree program shall contain
a general education component consisting of at least 25 percent of the total
hours required for graduation from the program.
(B)
This component shall be drawn from each of the following
areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural
Sciences and Mathematics. It shall include courses to develop skills in written
and oral communication and basic computer instruction.
(C)
The applicant institution may arrange to have all or part
of the general education component taught by another institution, provided
that:
(i)
the applicant institution's faculty shall design the general
education requirement;
(ii)
there shall be a written agreement between the institutions
specifying the applicant institutions' general education requirements and
the manner in which they will be met by the providing institution;
(iii)
at least one-half of the courses shall be offered in
organized classes; and
(iv)
the providing institution shall be accredited by a recognized
accrediting agency.
(14)
Credit for Work Completed Outside a Collegiate Setting.
(A)
An institution awarding collegiate credit for work completed
outside a collegiate setting (outside a degree-granting institution accredited
by a recognized agency) shall establish and adhere to a systematic method
for evaluating that work, shall award credit only in course content which
falls within the authorized degree programs of the institution, in an appropriate
manner shall relate the credit to the student's current educational goals,
and shall subject the institution's process and procedures for evaluating
work completed outside a collegiate setting to ongoing review and evaluation
by the institution's teaching faculty. To these ends, recognized evaluative
examinations such as the advanced placement program (AP) or the college level
examination program (CLEP) may be used.
(B)
No more than one quarter of the credit applied toward a
student's associate or baccalaureate degree program may be based on work completed
outside a collegiate setting. Those credits must be validated in the manner
set forth in subparagraph (A) of this paragraph. No more than 15 semester
credit hours or 23 quarter credit hours of that credit may be awarded by means
other than recognized evaluative examinations. No graduate credit for work
completed outside a collegiate setting may be awarded. In no instance may
credit be awarded for life experience per se or merely for years of service
in a position or job.
(15)
Library.
(A)
The institution shall have in its possession or direct
control, properly catalogued, and readily available to its students and faculty
a sufficient quality and variety of library holdings to support adequately
its own curriculum. In addition, the institution shall supply access to educational
resources appropriate to support its program that are available by electronic
delivery, including access to the Internet, and shall make these educational
resources available in an active and effective manner.
(B)
The institution shall have adequate library facilities
for the library holdings, space for study, and workspace for the librarian
and library staff.
(C)
The librarian shall hold a graduate degree in library science
from an institution accredited by a recognized accrediting agency. The librarian
shall have authority to select and acquire resources with funds in the library
budget, have interaction with faculty sufficient to ensure a library collection
that supports the courses and programs offered, and have adequate interaction
with students to support the library and research needs of the students.
(D)
Arrangements made with other libraries for the use of library
materials shall be formalized in writing, the collection shall be validated
by the institution to be appropriate for the programs being offered, records
of usage by the students shall be kept, and the library shall be reasonably
accessible to the students and faculty.
(16)
Facilities. The institution shall have adequate space,
equipment, and instructional materials to provide education of good quality.
Student housing owned, maintained, or approved by the institution, if any,
shall be appropriate, safe, and adequate.
(17)
Academic Records. Adequate records of each student's academic
performance shall be securely and permanently maintained by the institution.
(A)
The records for each student shall contain:
(i)
student contact and identification information, including
address and telephone number;
(ii)
records of admission documents, such as high school diploma
or GED (if undergraduate) or undergraduate degree (if graduate);
(iii)
records of all courses attempted, including grade; completion
status of the student, including the diploma, degree or award conferred to
the student; and
(iv)
any other information typically contained in academic
records.
(B)
Two copies of said records shall be maintained in secure
places.
(C)
Transcripts shall be provided upon request by a student,
subject to the institution's obligation, if any, to cooperate with the rules
and regulations governing state, and federally guaranteed student loans.
(18)
Accurate and Fair Representation in Publications, Advertising,
and Promotion.
(A)
Neither the institution nor its agents or other representatives
shall engage in advertising, recruiting, sales, collection, financial credit,
or other practices of any type which are false, deceptive, misleading, or
unfair. Likewise, all publications, by any medium, shall accurately and fairly
represent the institution, its programs, available resources, tuition and
fees, and requirements.
(B)
The institution shall provide students, prospective students
prior to enrollment, and other interested persons with a catalog containing,
at minimum, the following information:
(i)
the institution's mission;
(ii)
a statement of admissions policies;
(iii)
information describing the purpose, length, and objectives
of the program or programs offered by the institution;
(iv)
the schedule of tuition, fees, and all other charges and
expenses necessary for completion of the course of study;
(v)
cancellation and refund policies;
(vi)
a definition of the unit of credit as it applies at the
institution;
(vii)
an explanation of satisfactory progress as it applies
at the institution, including an explanation of the grading or marking system;
(viii)
the institution's calendar, including the beginning
and ending dates for each instructional term, holidays, and registration dates;
(ix)
a complete listing of each regularly employed faculty
member showing name, area of assignment, rank, and each earned degree held,
including degree level, degree designation, and institution that awarded the
degree;
(x)
a complete listing of each administrator showing name,
title, area of assignment, and each earned degree held, including degree level,
degree designation, and institution that awarded the degree;
(xi)
a statement of legal control with the names of the trustees,
directors, and officers of the corporation;
(xii)
a complete listing of all scholarships offered, if any;
(xiii)
a statement describing the nature and extent of available
student services;
(xiv)
complete and clearly stated information about the transferability
of credit to other postsecondary institutions including two-year and four-year
colleges and universities;
(xv)
a statement of Texas Success Initiative requirements;
(xvi)
any such other material facts concerning the institution
and the program or course of instruction as are reasonably likely to affect
the decision of the student to enroll therein; and
(xvii)
any disclosures specified by the Board or defined in
Board rules.
(C)
The cancellation and refund policy of the institution shall
be fair and shall be applied equitably.
(D)
The institution shall provide to each prospective student,
newly-enrolled student, and returning student, complete and clearly presented
information indicating the institution's current graduation rate by program
and, if required by the Board, job placement rate by program.
(E)
Any special requirements, or limitations of program offerings,
for the students at the Texas branch must be made explicit in writing. This
may be accomplished by either a separate section in the catalog or a brochure
separate from the catalog. However, if a brochure is produced, the student
must also be given the regular catalog.
(F)
Upon satisfactory completion of the program of study, the
student shall be given appropriate educational credentials indicating the
degree level, degree designation, and the designation of the major course
of study, and a transcript accurately listing the information typically found
on such a document, subject to institutions' obligation, if any, to cooperate
with the rules and regulations governing state, and federally guaranteed student
loans.
(19)
Academic Advising and Counseling. The institution shall
provide an effective program of academic advising for all students enrolled.
The program shall include orientation to the academic program, academic and
personal counseling, career information and planning, placement assistance,
and testing services.
(20)
Student Rights and Responsibilities. The institution shall
establish and adhere to a clear and fair policy regarding due process in disciplinary
matters, and publish this policy in a handbook, which shall include other
rights and responsibilities of the students. This handbook shall be supplied
to each student upon enrollment in the institution.
(21)
Health Services. The institution shall provide an effective
program of health services and education reflecting the needs of the students.
The program shall include instruction on emergency and safety procedures at
the institution, including appropriate responses to illness, accident, fire,
and crime.
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 July 26, 2006.
TRD-200603931
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
Subchapter H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR COLLEGES
19 TAC §9.147
The Texas Higher Education Coordinating Board adopts the
repeal of §9.147, concerning Partnerships Between Secondary Schools and
Public Two-Year Colleges, without changes to the proposal as published in
the May 19, 2006, issue of the
Texas Register
(31
TexReg 4140).
Specifically, repealing §9.147 allows Board staff to adopt new rules
concerning Tech-Prep consortia.
No comments were received regarding the repeal of this section.
The repeal of §9.147 is adopted under the Texas Education
Code, §61.853 and §61.858, which give the Coordinating Board the
authority to adopt rules regarding Tech-Prep consortia.
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 July 26, 2006.
TRD-200603928
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 19, 2006
For further information, please call: (512) 427-6114
19 TAC §§9.201 - 9.206
The Texas Higher Education Coordinating Board adopts new §§9.201
- 9.206, concerning the statewide evaluation of Tech-Pep Consortia, without
changes to the proposed text as published in the May 19, 2006, issue of the
Specifically, these new sections allow Board staff to develop and implement
a statewide system to evaluate each Tech-Prep consortium biennially, based
on criteria suggested by a committee convened for that purpose, and by Board
staff.
No comments were received regarding the new sections.
The new sections are adopted under the Texas Education Code, §61.853
and §61.858, which give the Coordinating Board the authority to adopt
rules regarding Tech-Prep consortia.
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 July 26, 2006.
TRD-200603929
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 19, 2006
For further information, please call: (512) 427-6114
Subchapter H. REPORTING OF TUITION AND FEES
19 TAC §13.142
The Texas Higher Education Coordinating Board adopts amendments
to §13.142, concerning Financial Planning, without changes to the proposed
text as published in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4314).
Specifically, the amendments to §13.142(14)(B) clarify that community
colleges (by statute) cannot charge designated tuition.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §54.0015.
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 July 26, 2006.
TRD-200603932
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §21.7
The Texas Higher Education Coordinating Board adopts §21.7
concerning General Provisions, without changes to the proposed text as published
in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4314). Specifically, Senate Bill 1528, 79th Legislature,
Regular Session, mandated the Texas Higher Education Coordinating Board to
adopt by rule definitions related to tuition and fees for students under Chapter
54 of the Texas Education Code to ensure consistency in the application of
state laws and policies. The new section incorporates the tuition and fee
definitions found in Coordinating Board rules, Chapter 13, Financial Planning,
Subchapter H, Reporting of Tuition and Fees.
No comments were received regarding the new section.
The new section is adopted under the Texas Education Code, §56.055,
which provides the Coordinating Board with the authority to adopt any rules
necessary to administer Texas Education Code, §§56.051 - 56.055
and §54.0071.
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 July 26, 2006.
TRD-200603933
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.21 - 21.27
The Texas Higher Education Coordinating Board adopts the
repeal of §§21.21 - 21.27 concerning Determination of Residence
Status without changes to the proposed text as published in the May 26, 2006,
issue of the
Texas Register
(31 TexReg 4315).
Specifically, these sections are repealed because §§21.727 - 21.735
became effective for Fall 2006 admissions.
No comments were received regarding the repeal.
The repeal is adopted under the Texas Education Code, §54.075,
which provides the Coordinating Board with the authority to adopt rules to
carry out the purposes of Texas Education Code, §§54.0501 - 54.075.
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 July 26, 2006.
TRD-200603934
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §21.55, §21.63
The Texas Higher Education Coordinating Board adopts amendments
to §21.55 and §21.63 concerning the Hinson-Hazlewood College Student
Loan Program, without changes to the proposed text as published in the May
26, 2006, issue of the
Texas Register
(31
TexReg 4315). Specifically, the amendment to §21.55 (Eligibility of Students)
aligns program rules with the Texas Education Code, §52.32 and §52.33,
and §144(b) of the federal Internal Revenue Code for municipal bonds.
It will ensure that the Board's low interest non-guaranteed loans are not
offered to students before federal aid is offered. The amendments to §21.63
(Deceased or Disabled Borrowers) authorize the discharge of judgment debt
owed by deceased or disabled borrowers, as well as judgment debt owed by deceased
or disabled cosigners. Additionally, in cases where there is a judgment against
the borrower and the borrower is deceased or disabled, the amendments would
allow the Commissioner to determine if the release of the liability of the
cosigner is in the best interest of the loan program and, if so, allow the
Commissioner to authorize a release of the cosigner's liability.
No comments were received regarding the amendments.
The amendments are adopted under Texas Education Code, §52.01,
which provides the Coordinating Board with the authority to adopt any rules
necessary to administer Texas Education Code, §52.01 and §§52.31
- 52.40.
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 July 26, 2006.
TRD-200603935
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.122, 21.124, 21.126
The Texas Higher Education Coordinating Board adopts amendments
to §21.122 concerning the Texas B-On-Time (BOT) Loan Program, with changes
to the proposed text as published in the May 26, 2006, issue of the
The following comment was received regarding the amendments:
Comment: A comment was received that the title of the high school program
in the proposed rules did not accurately reflect the title used in the Texas
Education Agency rules.
Response: The Board agreed with this comment and changed distinguished
achievement high school program "Advanced High School Program" to "Distinguished
Achievement Program-Advanced High School Program".
The amendments are adopted under the Texas Education Code, §56.453,
which provides the Coordinating Board with the authority to adopt rules for
the administration of Texas Education Code, §§56.451 - 56.465.
§21.122.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--the Texas Higher Education Coordinating Board
(2)
Commissioner--the Commissioner of Higher Education
(3)
Default--the failure of a borrower to make loan installment
payments for a total of 180 days
(4)
Recommended or Distinguished Achievement Program-Advanced
High School Program--the high school curriculum recommended under §28.025(a)
of the Texas Education Code
(5)
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 eligible to pay resident
tuition rates are not included unless they qualify as eligible nonresidents
under §21.124(a)(1) of this title, (relating to Initial Eligibility for
Loans).
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 July 26, 2006.
TRD-200603936
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.251, 21.257, 21.261 - 21.263
The Texas Higher Education Coordinating Board adopts amendments
to §§21.251, 21.257, 21.261 - 21.263 concerning the Physician Education
Loan Repayment Program, without changes to the proposed text as published
in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4317). Specifically, the proposed amendments update legislatively
mandated changes to names of state agencies.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §§61.531
- 61.540, which provides the Coordinating Board with the authority to establish
procedures to administer this program and Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules to
effectuate the provisions of Texas Education Code, Chapter 61.
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 July 26, 2006.
TRD-200603937
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §21.282
The Texas Higher Education Coordinating Board adopts an amendment
to §21.282 concerning The Good Neighbor Scholarship Program, without
changes to the proposed text as published in the May 26, 2006, issue of the
No comments were received regarding the amendment.
The amendment is adopted under the Texas Education Code, §54.207,
which provides the Coordinating Board with the authority to adopt rules necessary
to implement The Good Neighbor Scholarship Program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2006.
TRD-200603938
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.728, 21.731, 21.732
The Texas Higher Education Coordinating Board adopts amendments
to §§21.728, 21.731, and 21.732, concerning Determination of Resident
Status and Waiver Programs for Certain Nonresident Persons, with changes to
the proposed text as published in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4318). Specifically, the amendments to §21.728(3)
enable institutions to base residency decisions for 2006-2007 on core questions
that were promulgated by the Board prior to the passage of rules adopted in
November, 2005, and based on changes to Texas Education Code, §54.075,
made by the 79th Legislature. Thousands of students apply for admission each
year by using the Texas Common Application (TCA), which was developed and
in place for the 2006-2007 academic year before changes to Texas Education
Code, §54.075, were made. The printing of new TCAs and updating of the
electronic application are under way, but without this change in rule institutions
would have to require students who had completed the previous core questions
and been admitted for fall 2006 to go back and complete a second set of questions.
In addition, we do not believe that any of the changes to the statute would
cause a student who had previously been classified as a resident to lose that
eligibility. The issue regarding the timing of the Texas Common Application
will exist any time the core is updated, and we recommend that this flexibility
be added to the residency process. The amendment to §21.728(6) clarifies
that international students who have applied for Permanent Resident status
are only eligible to establish a domicile in Texas if their applications are
being processed and any notice of action that is issued does not indicate
the person's application has been rejected. The addition of §21.728(9)
is to define "financial need" as referenced in §21.735(5)(C). The addition
of this definition required a renumbering of previously numbered §§21.728(9)
- (25). The amendment to §21.731 is intended to lessen the reporting
burden of students and institutions when the institution has documentation
from the student that indicates he or she qualifies as a resident based on
having lived in Texas for the 36 months leading up to graduation from high
school or the receipt of a GED. There is no need for the student to also complete
the core questions, but it is necessary for the institution to have the student
sign a shortened form, indicating certain facts that confirm his or her claim
to residency. The amendment to §21.732 clarifies that persons who transfer
between institutions but are continuously enrolled in public institutions
of higher education in Texas will continue to be eligible to base their residency
on the classification they received at their previous institution. This provision,
by statute, is not limited to students enrolled in 2006.
The following comment was received regarding the amendments:
Comment: A commenter pointed out that the cross references to §21.730,
included in the proposed rules §21.731, should have been for §21.730(a)(1),
(a)(2), and (a)(3) instead of §21.730(a), (b), and (c).
Response: The Board agreed with this comment and §21.731 has been
changed to correct the cross references.
The amendments are adopted under the Texas Education Code, §54.075,
which provides the Coordinating Board with the authority to adopt rules to
carry out the purposes of Texas Education Code, §§54.0501 - 54.075.
§21.728.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Census date--the date in an academic term for which an
institution is required to certify a person's enrollment in the institution
for the purposes of determining formula funding for the institution.
(2)
Coordinating Board or Board--the Texas Higher Education
Coordinating Board.
(3)
Core Residency Questions--the questions promulgated by
the Board to be completed by a person and used by an institution to determine
if the person is a Texas resident. For enrollments prior to the 2007-2008
academic year, institutions may use the core questions developed and distributed
by the Board in 1999 or later, including the core questions included in the
Texas Common Application, or the core questions set forth in Revised Chart
II, which is incorporated into this subchapter. The core questions to be used
for enrollments on or after the 2007-2008 academic year shall be the core
questions in the Texas Common Application or in Revised Chart II.
(4)
Dependent--a person who:
(A)
is less than 18 years of age and has not been emancipated
by marriage or court order; or
(B)
is eligible to be claimed as a dependent of a parent of
the person for purposes of determining the parent's income tax liability under
the Internal Revenue Code of 1986.
(5)
Domicile--a person's principal, permanent residence to
which the person intends to return after any temporary absence.
(6)
Eligible for Permanent Resident Status--a person who has
filed an I-485 application for permanent residency and has been issued a fee/filing
receipt or notice of action by USCIS showing that his or her I-485 has been
reviewed and has not been rejected.
(7)
Established a domicile in Texas--a person has established
a domicile in Texas if he or she has met the conditions shown in §21.730(d)
of this title (relating to Determination of Resident Status).
(8)
Eligible Nonimmigrant--a person who has been issued a type
of nonimmigrant visa by the USCIS that permits the person to establish a domicile
in the United States.
(9)
Financial need--The cost of attendance at a institution
of higher education less the resources the family has available for paying
for college.
(10)
Gainful employment--activities intended to provide an
income to a person or allow a person to avoid the expense of paying another
person to perform the tasks (as in child care or the maintenance of a home).
A person who is self-employed, employed as a homemaker, or who is living off
his/her earnings may be considered gainfully employed for purposes of establishing
residency, as may a person whose primary support is public assistance.
(11)
General Academic Teaching Institution--The University
of Texas at Austin; The University of Texas at El Paso; The University of
Texas of the Permian Basin; The University of Texas at Dallas; The University
of Texas at San Antonio; Texas A&M University, Main University; The University
of Texas at Arlington; Tarleton State University; Prairie View A&M University;
Texas Maritime Academy (now Texas A&M University--Galveston); Texas Tech
University; University of North Texas; Lamar University; Lamar State College--Orange;
Lamar State College--Port Arthur; Texas A&M University--Kingsville; Texas
A&M University--Corpus Christi; Texas Woman's University; Texas Southern
University; Midwestern State University; University of Houston; University
of Texas--Pan American; The University of Texas at Brownsville; Texas A&M
University--Commerce; San Houston State University; Texas State University--San
Marcos; West Texas A&M University; Stephen F. Austin State University;
Sul Ross State University; Angelo State University; and The University of
Texas at Tyler, and as defined in Texas Education Code, §61.003(3).
(12)
Institution or institution of higher education--any public
technical institute, public junior college, public senior college or university,
medical or dental unit, or other agency of higher education as defined in
Texas Education Code, §61.003(8).
(13)
Legal guardian--a person who is appointed guardian under
the Texas Probate Code, Chapter 693, or a temporary or successor guardian.
(14)
Maintain a residence--to physically reside in a location.
The maintenance of a residence is not interrupted by a temporary absence from
the state, as provided in §21.730(e) of this title (relating to Determination
of Resident Status).
(15)
Managing conservator--a parent, a competent adult, an
authorized agency, or a licensed child-placing agency appointed by court order
issued under the Texas Family Code, Title 5.
(16)
Nonresident tuition--the amount of tuition paid by a person
who does not qualify as a Texas resident under this subchapter unless such
person qualifies for a waiver program under §21.735 of this title, (relating
to Waivers that Permit Nonresidents to Pay Resident Tuition).
(17)
Parent--a natural or adoptive parent, managing or possessory
conservator, or legal guardian of a person. The term does not include a step-parent.
(18)
Possessory conservator--a natural or adoptive parent appointed
by court order issued under the Texas Family Code, Title 5.
(19)
Private high school--a private or parochial school accredited
by an accrediting agency that is recognized and accepted by the Texas Private
School Accreditation Commission. The term does not include a home school.
(20)
Public technical institute or college--the Lamar Institute
of Technology or any campus of the Texas State Technical College System.
(21)
Regular semester--a fall or spring semester, typically
consisting of 16 weeks.
(22)
Residence--a person's home or other dwelling place.
(23)
Residence Determination Official--the primary individual
at each institution who is responsible for the accurate application of state
statutes and rules to individual student cases.
(24)
Resident tuition--the amount of tuition paid by a person
who qualifies as a Texas resident under this subchapter.
(25)
Temporary absence--absence from the State of Texas with
the intention to return, generally for a period of less than five years.
(26)
United States Citizenship and Immigration Services (USCIS)--the
bureau of the U.S. Department of Homeland Security that is responsible for
the administration of immigration and naturalization adjudication functions
and establishing immigration services policies and priorities.
§21.731.Information Required to Initially Establish Resident Status.
(a)
To initially establish resident status under §21.730
of this title, (relating to Determination of Resident Status),
(1)
a person who qualifies for residency under §21.730(a)(1)
shall provide the institution with:
(A)
a completed set of Core Residency Questions; or
(B)
a copy of supporting documentation along with a statement
of the dates and length of time the person has resided in this state, as relevant
to establish resident status under this subchapter and a statement by the
person that the person's presence in this state for that period was for the
purpose of establishing and maintaining a domicile in Texas.
Figure: 19 TAC §21.731(a)(1)(B) (.pdf)
(2)
a person who qualifies for residency under §21.730(a)(2)
or (3) shall provide the institution with a completed set of Core Residency
Questions.
(b)
An institution may request that a person provide documentation
to support the answers to the Core Residency Questions. A list of appropriate
documents is described in Chart IV of §21.733(a) of this title (relating
to Reclassification Based on Additional or Changed Information), and incorporated
into this subchapter for all purposes.
Figure: 19 TAC §21.731(b) (No change.)
(c)
If a person who establishes resident status under §21.730(a)(1)
of this title is not a Citizen of the United States or a Permanent Resident,
the person shall, in addition to the other requirements of this section, provide
the institution with a signed affidavit, stating that the person will apply
to become a Permanent Resident as soon as the person becomes eligible to apply.
The affidavit shall be required only when the person applies for resident
status and shall be in the form described in Chart III and incorporated into
this subchapter for all purposes.
Figure: 19 TAC §21.731(c) (No change.)
(d)
An institution shall not impose any requirements in addition
to the requirements established in this section for a person to establish
resident status.
§21.732.Continuing Resident Status.
(a)
Except as provided under subsection (c) of this section,
a person who was enrolled in an institution for any part of the previous state
fiscal year and who was classified as a resident of this state under Subchapter
B, Chapter 54, Texas Education Code, in the last academic period of that year
for which the person was enrolled is considered to be a resident of this state
for purposes of this subchapter, as of the beginning of the following fall
semester. If an institution acquires documentation that a person is a continuing
student who was classified as a resident at the previous institution, no additional
documentation is required. The person is not required to complete a new set
of Core Questions.
(b)
Except as provided by subsection (c) of this section, a
person who has established resident status under this subchapter is entitled
to pay resident tuition in each subsequent academic semester in which the
person enrolls at any institution.
(c)
A person who enrolls in an institution after two or more
consecutive regular semesters during which the person is not enrolled in a
public institution shall submit the information required in §21.731 of
this title, (relating to Information Required to Establish Resident Status),
and satisfy all the applicable requirements to establish resident status.
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 July 26, 2006.
TRD-200603939
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §§21.951 - 21.954, 21.956, 21.957, 21.959
The Texas Higher Education Coordinating Board adopts amendments
to §21.953 and §21.956, concerning the Early High School Graduation
Scholarship Program, with changes to the proposed text as published in the
May 26, 2006, issue of the
Texas Register
(31
TexReg 4320). Sections 21.951, 21.952, 21.954, 21.957 and 21.959 are being
adopted without changes. Specifically, the amendment to §21.951 incorporates
the repeal of Chapter 21, Subchapter B of Board rules (relating to Determining
Residence Status), which is being repealed and replaced as of July 2006 by
Chapter 21, Subchapter X (relating to Determination of Resident Status and
Waiver Programs for Certain Nonresident Persons), adopted by the Board in
October 2005. The amendments to §21.952 and §21.957 are corrections
of grammatical errors. The amendments to §21.953(a) and (b) are being
made to bring current rules into agreement with provisions of Texas Education
Code §56.203, as amended by Senate Bill 1227 of the 79th Legislature,
Regular Session. Current statutes reflect the statutory elimination of two
old program requirements - a written statement of parental permission to graduate
early and no previous awards through the Tuition Credit Program of 1993-1994.
They also reflect the elimination of references to interim provisions for
2003-2005 which are no longer relevant to program operations. The amendments
to §21.953(c) add clarity to eligibility of students who graduated on
September 1, 2005, and the statutory requirement that recipients have completed
high school only by attending public high schools in Texas. They also indicate
that when students fail to complete the Recommended High School Curriculum
for reasons beyond their control, the school district must provide a written
explanation of the extenuating circumstances if it wants the student to be
given consideration for an award. They also correct a previous indication
that students could receive awards if they graduated in not more than 46 months,
when the limit in statute is not more than 45 months. The amendments to §21.954(a)
indicate the Board will make the application available though its web site.
Amendments to §21.954(b) clarify that the applications, when submitted
to the Board, must be signed and certified by the principal. In addition,
they clarify the eligibility of students who graduated on September 1, 2005,
and reflect the elimination of references to interim provisions for 2003-2005
which are no longer relevant to program operations. The addition of §21.954(c)
indicates that if an award is made based on incorrect information from the
school district, the district will be held responsible for making reimbursements
to the program. Changes to relettered §21.954(d) indicate applications
should not be submitted to the Board more than 30 days prior to a student's
graduation from high school. This change is made in order to improve the accuracy
of the applications submitted to the Board. Changes to relettered §21.954(d)
also eliminate references to interim program provisions that are no longer
relevant. The amendment to relettered §21.954(g) reflects that in order
for a student to receive an eligibility letter for an institution other than
the one indicated on the original application, he or she must notify the Board
of the change. The amendments to §21.956(a)(1) and renumbered (3) are
made primarily to eliminate references to interim provisions and restrictions
that are no longer relevant to program operations and clarify the statutory
provision that students who graduated prior to September 1, 2005 may use their
awards only for paying tuition (not fees). Amendments to §21.956(a)(1)(C)
is repealed but re-worded with clearer language in the new subsection (a)(2).
Renumbered §21.956(a)(4) is reworded to add clarity regarding the use
of Early High School Graduation Scholarships by students who graduated prior
to September 1, 2005 to take unfunded continuing education courses. The amendments
to §21.956(b) clarify the status of students who graduate on September
1, 2005, and clarify that the awards for students who graduate on or after
September 1, 2005 may be used for paying for tuition and mandatory fees. Section
21.956(b)(1)(D) is renumbered to reflect the fact that it applies to all levels
of awards listed in §21.956(b)(1) and renumbered §21.956(b)(3) is
reworded to add clarity regarding the use of Early High School Graduation
Scholarships by students who graduate on or after February 1, 2005 to take
unfunded continuing education courses. The amendments to §21.959 reflect
the elimination of references to interim provisions for 2003-2005 which are
no longer relevant to program operations and to add active duty military service
as a basis of granting a hardship extension of a student's period of eligibility.
The following comment was received regarding the amendments:
Comment: A comment was received that the title of the high school program
in the proposed rules did not accurately reflect the title used in the Texas
Education Agency rules.
Response: The Board agreed with this comment and changed "Advanced High
School Program" to "Distinguished Achievement Program-Advanced High School
Program" in §21.953(b)(3) and §21.956(b)(1)(A)(B) and (C).
The amendments are adopted under the Texas Education Code, §56.209,
which states that the Coordinating Board is authorized to adopt rules to administer
Texas Education Code, Chapter 56, Subchapter K, relating to the Early High
School Graduation Scholarship Program.
§21.953.Eligible Students.
(a)
To receive an award through the Early High School Graduation
Scholarship Program, a student who graduated from high school before September
1, 2005 must:
(1)
be a resident of Texas; and
(2)
have completed the requirements for a high school diploma
in not more than thirty-six consecutive months having completed all years
of high school in Texas.
(b)
To receive an award through the Early High School Graduation
Scholarship Program, a student who graduated from high school on or after
September 1, 2005, must:
(1)
be a resident of Texas;
(2)
have attended high school exclusively in one or more public
high schools in this state;
(3)
have successfully completed the Recommended or Distinguished
Achievement Program-Advanced High School Program established under Texas Education
Code, §28.025, unless the principal or other authorized representative
of the student's high school provides a written explanation along with the
student's transcript and exemption program application that the courses in
the Recommended or Advanced High School Program which the student did not
complete were unavailable to the student at the appropriate time in his or
her high school career because of:
(A)
shortage of qualified teachers;
(B)
lack of enrollment capacity; or
(C)
another cause not within the person's control, an explanation
for which is provided on the transcript by the official;
(4)
have graduated:
(A)
in not more than 41 consecutive months; or
(B)
in not more than 45 consecutive months, if the student
graduated with at least 30 hours of college credit.
(c)
A student's eligibility to receive a tuition credit under
the Early High School Graduation Scholarship Program begins with the first
regular semester or term following the student's graduation, exclusive of
summer sessions that immediately follow the student's graduation. A student's
eligibility to receive a tuition credit under the program ends six years after
it begins, unless the student seeks and is granted an extension under §21.960
of this title (relating to Hardship Extensions).
§21.956.Award Amounts and Processing Cycle.
(a)
Amounts for students graduating prior to September 1, 2005.
(1)
The aggregate amount of state credit that shall be awarded
to a student through this program may not exceed $1,000 to be applied only
toward tuition.
(2)
A student who is attending a private or independent institution
may not receive a greater state tuition credit in any enrollment period than
the amount of institutional aid that is provided by the institution and credited
in the same manner, during that enrollment period.
(3)
If a state credit awarded through the Early High School
Graduation Scholarship Program is more than the amount of the student's first
semester's tuition, the balance of the student's award may be used in subsequent
semesters.
(4)
State credits may not be used for continuing education
classes that do not receive formula funding.
(b)
For students whose graduation date is on or after September
1, 2005:
(1)
the aggregate amount of state credit that may be awarded
to a student through this program is:
(A)
$2,000 to apply toward tuition and mandatory fees if the
student completed the Recommended or Distinguished Achievement Program-Advanced
High School Program and graduated from high school in 36 consecutive months
or less and an additional $1,000 if the person graduated with at least 15
hours of college credit; or
(B)
$500 to apply toward tuition and mandatory fees if the
student completed the Recommended or Distinguished Achievement Program-Advanced
High School Program and graduated from high school in more than 36 consecutive
months but not more than 41 consecutive months and an additional $1,000 if
the person graduated with at least 30 hours of college credit; or
(C)
$1,000 to apply toward tuition and mandatory fees if the
student completed the Recommended or Distinguished Achievement Program-Advanced
High School Program and graduated from high school in more than 41 consecutive
months but not more than 45 consecutive months with at least 30 hours of college
credit.
(2)
A student who is attending a private or independent institution
may not receive a greater state tuition credit in any enrollment period than
the amount of institutional aid that is provided by the institution and credited
in the same manner, during that enrollment period.
(3)
State credits may not be used for continuing education
classes that do not receive formula funding.
(c)
Form of Award--Exemption or Reimbursement.
(1)
If applications are processed and announced in time, institutions
should exempt recipients from the payment of relevant charges and then request
reimbursement from the Board.
(2)
If applications are processed and/or announced too late
for the student to be exempted from such payments at registration, the student
may be required to pay these charges first, and then be reimbursed by the
institution when reimbursement funds are received from the Board.
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 July 26, 2006.
TRD-200603940
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
19 TAC §21.2083, §21.2084
The Texas Higher Education Coordinating Board adopts amendments
to §21.2083 and §21.2084 concerning the Doctoral Incentive Loan
Repayment Program, without changes to the proposed text as published in the
May 26, 2006, issue of the
Texas Register
(31
TexReg 4323). Specifically, the amendment to §21.2083 amends the definition
of "low income school" to include high schools whose percentage of economically
disadvantaged students is greater than or equal to the statewide average for
the same year. The amendments to §21.2084 allow applicants to be considered
eligible for participation if, in addition to meeting all other program requirements,
they attended (or resided in an area near) a high school that was among the
lowest 50 percent of Texas high schools with regard to sending students to
college.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §56.091,
which authorizes the Coordinating Board to establish and administer the Doctoral
Incentive Loan Repayment Program and adopt rules as necessary.
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 July 26, 2006.
TRD-200603941
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 15, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 427-6114
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Chapter 9.
PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES
Subchapter K. TECH-PREP PROGRAMS AND CONSORTIA
Chapter 13.
FINANCIAL PLANNING
Chapter 21.
STUDENT SERVICES
Subchapter B. DETERMINING RESIDENCE STATUS
Subchapter C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
Subchapter K. THE GOOD NEIGHBOR SCHOLARSHIP PROGRAM
Subchapter X. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS
Subchapter CC. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM
Subchapter MM. DOCTORAL INCENTIVE LOAN REPAYMENT PROGRAM
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS