Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter C. TEXAS SUCCESS INITIATIVE
19 TAC §4.59
The Texas Higher Education Coordinating Board adopts amendments
to §4.59, concerning the Texas Success Initiative without changes to
the proposed text as published in the December 2, 2005, issue of the
Specifically, these amendments provide further flexibility by deleting
the requirement that students must retake an assessment for an institution
to determine if the student is ready to perform freshman-level coursework.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §51.307,
which gives the Coordinating Board the authority to adopt rules for the administration
of Texas Education Code §51.3062.
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 February 1, 2006.
TRD-200600524
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §7.3
The Texas Higher Education Coordinating Board adopts amendments
to §7.3, concerning definitions without changes to the proposed text
as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 7963).
Specifically, these amendments prohibit the use of fraudulent or substandard
degrees and direct the Coordinating Board to provide consumer information
about such degrees, and provide a mechanism for institutions to establish
their legitimacy for use of their degrees in Texas. The amendments add new
definitions pertaining to "fictitious degree," "fraudulent or substandard
degree," and "protected term."
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.
The amendments are adopted under the Texas Education Code, §§61.301
- 61.319, which gives the Coordinating Board the authority to regulate private
postsecondary education 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 February 1, 2006.
TRD-200600525
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
19 TAC §§7.12 - 7.17
The Texas Higher Education Coordinating Board adopts the
repeal of §§7.12 - 7.17, concerning general provisions without changes
to the proposal as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 7964).
Specifically, the repeal prohibits the use of fraudulent or substandard
degrees and directs the Coordinating Board to provide consumer information
about such degrees, and provide a mechanism for institutions to establish
their legitimacy for use of their degrees in Texas. Changes to the existing §7.12,
renumber it as §7.14, to clarify language about prohibited acts, and
add the use of fraudulent or substandard degrees as a prohibited act. The
existing §§7.13 - 7.17 are renumbered as §§7.15 - 7.19,
respectively, but are otherwise unchanged.
There were no comments received regarding the repeal of these sections.
The repeal of these sections are adopted under the Texas Education
Code, §§61.301 - 61.319, which gives the Coordinating Board the
authority to regulate private postsecondary education 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 February 1, 2006.
TRD-200600527
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
19 TAC §§7.12 - 7.20
The Texas Higher Education Coordinating Board adopts new §§7.12
- 7.20, concerning general provisions without changes to the proposed text
as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 7965).
Specifically, these new sections prohibit the use of fraudulent or substandard
degrees and direct the Coordinating Board to provide consumer information
about such degrees, and provide a mechanism for institutions to establish
their legitimacy for use of their degrees in Texas. A new §7.12 establishes
procedures for reviewing degrees from institutions not eligible for a certificate
of authority to determine if they legally may be used in Texas. A new §7.13
establishes the procedures for disseminating consumer protection information
related to fraudulent or substandard degrees. A new §7.20 clarifies that
violation of the subchapter is a violation of the Deceptive Trade Practices
Act. The existing §§7.13 - 7.17 are renumbered as §§7.15
- 7.19, respectively, but are otherwise unchanged.
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.
Comments: Lamar University commented that §7.17(a)(4) appears to be
out of place and should appear as an unnumbered concluding paragraph under §7.17(a)
or as a separate item in §7.17(b).
Response: The comment addresses existing language of the rules and not
language proposed on this agenda. No changes were made as a result of this
comment.
The new sections are adopted under the Texas Education Code, §§61.301
- 61.319, which gives the Coordinating Board the authority to regulate private
postsecondary education 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 February 1, 2006.
TRD-200600526
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
Subchapter H. REPORTING OF TUITION AND FEES
19 TAC §§13.140 - 13.143
The Texas Higher Education Coordinating Board adopts new §§13.140
- 13.143, concerning reporting of Tuition and Fees, with changes to the proposed
text as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 7967).
Specifically, these new sections provide the purpose of and authority for
these rules. §13.142 proposes fifteen definitions for the different types
of tuition and fees charged by institutions. The procedures for reporting
the types and amounts of tuition and fees to the Board are set out in proposed
new §13.143.
The following comments were received regarding the new sections:
Comment: Austin Community College commented that there was no mention of
Continuing Education fees in the definitions.
Response: The Board has changed the definitions in §13.142(3), (4),
(6) and (8) to include fees for continuing education and remove the erroneous
reference to Texas Education Code, §130.84.
The new sections are adopted under the Texas Education Code, §54.0015
and 2005 Tex.Sess.Law Serv. 288 (Vernon).
§13.140.Purpose.
The purpose of this subchapter is to establish the reporting requirements
for institutions to submit data on tuition and fees and to provide uniform
definitions for the different types of tuition and fees.
§13.141.Authority.
2005 Tex.Sess.Law Serv, 288 (Vernon) requires the Board to compile
data on the tuition and fees charged at each two-year and four-year institution
of public higher education and report that data to the Texas Legislature.
Texas Education Code, §54.053 authorizes the Board to adopt rules to
carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.
§13.142.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Auxiliary fee--A mandatory or discretionary fee that an
institution charges to recover costs from a student for a service or activity
that is self-supporting.
(2)
Coordinating Board--The Texas Higher Education Coordinating
Board.
(3)
Course fee--A mandatory fee required of all students enrolled
in a given course; or a discretionary fee required of students in a given
course who wish to participate in a special activity. This includes fees for
state-funded continuing education courses.
(4)
Discretionary fee--An optional fee that the governing board
of an institution is permitted, but not required, by statute to charge all
students. Examples of this fee are parking fees charged under Texas Education
Code, §54.505 and incidental fees charged under Texas Education Code, §54.504.
(A)
Voluntary fee--A discretionary fee authorized under Texas
Education Code, §§54.503, 54.5061 and 54.513, that is charged only
to those students who make use of the service or item for which the fee is
established. This includes fees for state-funded continuing education courses.
(B)
Matriculation fee--A discretionary fee authorized under
Texas Education Code, §54.006(a), that an institution, other than a public
community college or public technical college, may charge a student withdrawing
from the institution before the first day of class.
(5)
General academic teaching institution--An institution included
in the provisions of Texas Education Code, §61.003(3).
(6)
Incidental fee--A mandatory fee authorized by the governing
board of an institution and collected under Texas Education Code, §§55.16
or 130.084, and levied at the discretion of the governing board of an institution
that is charged to all students; or a discretionary fee collected under Texas
Education Code, §54.504, for particular services provided to students.
(7)
Institution or institution of higher education--Any public
technical institute, public junior college, public senior college or university,
medical or dental unit, public state college, or other agency of higher education
as defined in Texas Education Code, §61.003(8).
(8)
Mandatory fee--A fee authorized by statute or the governing
board of an institution that is charged to a student upon enrollment. For
institutions other than public community colleges, such fees would be required
to be paid by the census date or other date as mandated by the state for formula
funding purposes. Examples of such fees are: laboratory fees, course and incidental
fees collected under Texas Education Code, §55.16(c), and other mandatory
fees as authorized by the governing board of the institution. For public community
colleges, such fees would include fees collected from students enrolled in
state-funded continuing education courses.
(A)
Laboratory fee--A mandatory fee that is charged under Texas
Education Code, §54.501.
(B)
Compulsory fee--A mandatory fee authorized under Texas
Education Code, §§54.503, 54.5061, and 54.513.
(9)
Medical and dental unit--An institution included in the
provisions of Texas Education Code, §61.003(5).
(10)
Optional fee--Has the same meaning as discretionary fee
defined in paragraph (4) of this section.
(11)
Public junior or community college--Any junior or community
college certified by the board in accordance with Texas Education Code, §61.063.
(12)
Public technical institute--An institution included in
the provisions of Texas Education Code, §61.003(7).
(13)
Required fee--Has the same meaning as mandatory fee defined
in paragraph (8) of this section.
(14)
Tuition--Statutory, designated, and/or board-authorized
tuition.
(A)
Statutory tuition--A tuition charge authorized under Texas
Education Code, §54.051, in an amount determined by the Texas Legislature
for resident or nonresident students. This includes the charge for state-funded
continuing education courses.
(B)
Designated tuition--A tuition charge authorized under Texas
Education Code, §54.0513, that an institution may impose on any graduate
or undergraduate, resident or nonresident student, in an amount that the governing
board of the institution considers necessary for the effective operation of
the institution.
(C)
Board authorized tuition--A tuition charge that a general
academic teaching institution or a medical and dental unit may impose on any
graduate resident or nonresident student in an amount as specified in Texas
Education Code, §54.008.
(15)
Tuition fee--Statutory, designated, and/or board-authorized
tuition.
§13.143.Reporting
(a)
By May 1, 2006, each institution shall report to the Board
the types and amounts of tuition and fees charged to students by semester,
beginning with the 2003 fall semester and including the 2005 spring semester.
(b)
Beginning December 1, 2006, each institution shall report
the types and amounts of tuition and fees charged to students by semester
during the previous academic year.
(c)
In reporting the types and amounts of tuition and fees
charged to students, all institutions shall classify the tuition and fees
according to the definitions of those terms provided in §13.142 of this
title (relating to Definitions).
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 February 1, 2006.
TRD-200600528
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
19 TAC §21.127
The Texas Higher Education Coordinating Board adopts an amendment
to §21.127 concerning the Texas B-On-Time Loan Program, without changes
to the proposed text as published in the December 2, 2005, issue of the
Specifically, the amendment requires each institution to adopt its own
hardship policy and make it available for public review.
No comments were received regarding the amendment.
The amendment is 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.
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 February 1, 2006.
TRD-200600529
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
19 TAC §§21.728, 21.730, 21.731, 21.733 - 21.735
The Texas Higher Education Coordinating Board adopts amendments
to §§21.728, 21.730, 21.731, and 21.733 - 21.735, concerning Determination
of Resident Status and Waiver Programs for Certain Nonresident Persons. Sections
21.728, 21.731, 21.733 and 21.735 are adopted with changes to the proposed
text as published in the December 9, 2005, issue of the
Texas Register
(30 TexReg 8254). Sections 21.730, and 21.734 are adopted
without changes and will not be republished.
Specifically, the amendments to §21.728 provide a new definition for
a Residence Determination Official,and clarify the definition of "gainful
employment." The amendment to §21.730 clarifies that persons who have
already graduated from high school may not use the additional acquisition
of the equivalent of a high school diploma in Texas as a means of acquiring
residency and deletes the provision that permits the filing of a Last Will
and Testament as evidence of establishment of a domicile in Texas. The amendment
to §21.731 incorporates the Revised Chart II and the Revised Chart IV
into this section and deletes unnecessary descriptive language. The amendment
to §21.734 adds a provision regarding the erroneous classification of
a person as a Texas resident when the person is entitled or permitted to pay
resident tuition. The amendment to §21.735 deletes the provision that
permits certain persons who have graduated or completed 45 semester credit
hours while enrolled under the waiver program described in §21.735(5)
to pay resident tuition at Texas A&M University-Texarkana.
The Revised Chart II incorporates the following changes:
The title was changed to "Revised Chart II" to reflect the document has
been revised from the version that was adopted by the Board in October.
Wording in the introductory paragraph, Part B question 1 and the instructions
following Part B was slightly changed to improve the readability of the text.
Throughout the chart instructions to "go on" to the next section were changed
to read, "continue" when the person is being instructed to move to the next
section and changed from "go to" to "skip to" when the person is being advised
to ignore the following section and skip to a later part of the Chart. Students
answering "yes" to Part B question 1 are now advised to complete all of the
questions in that section rather than just questions 2 - 4. In Part C an instruction
line near the title of the Part incorrectly indicated all students were to
complete this part. If students answer Part B correctly, they do not complete
Part C. A line of instruction was added advising students unsure if they are
residents or not to complete the form. In Part D, an instruction line was
deleted that incorrectly indicated all students were to complete this part.
If students answer Part B or C correctly, they do not complete Part D. Instructions
at the end of Part D were reworded to ensure students knew which two forms
they were to complete and submit to their institutions. An informational sentence
was added to Question 2 of Part E to advise that step parents cannot complete
the form as parents unless they have adopted the student. At the request of
institutions, Question 1 of Part F was split into two separate questions,
one asking about U.S. Citizenship and the other about Permanent Resident status.
The wording to Question 3 Part F was altered to more clearly reflect United
States Citizenship and Immigration procedures now in effect for applicants
for Permanent Resident status. Question 6 b was added to Part F to solicit
information about the reasons for which the person is in Texas. Answers to
this question speak to the intentions of the person to make Texas his/her
domicile. Part c was added to Question 10 of Part F to determine whether the
person had been married to the Texas domiciliary for at least 12 months, a
requirement for residency. Instructions were added for students completing
Part F to proceed to Part H.
At the request of institutions, Question 1 of Part G was split into two
separate questions, one asking about U.S. Citizenship and the other about
Permanent Resident status. The wording to Question 3 Part G was altered to
more clearly reflect United States Citizenship and Immigration Services procedures
now in effect for applicants for Permanent Resident status. Question 6 b was
added to Part G to solicit information about the reasons for which the person
is in Texas. Answers to this question speak to the intentions of the person
to make Texas his/her domicile. Question 10 was added to Part G to determine
whether the parent or legal guardian might have a claim to residency based
on his/her spouse.
The Revised Chart IV incorporates the following changes:
The wording in the introductory paragraph for the chart was simplified
for easier reading. Item 1 of Part A was revised to clarify that all individuals
who meet the requirements of being gainfully employed can use that employment
as a basis for establishing a domicile and proving residence in Texas for
at least 12 months. Part B is eliminated because it has been concluded that
many students lease apartments while attending college in Texas, and that
this action is not a clear indication of a decision by the student to make
Texas his/her permanent home (domicile). Similar conclusions were reached
regarding the filing of U.S. Armed Forces form DD2058 and the execution of
a Last Will and Testament and are reflected in Part B (previously labeled
items 5 and 6 of Part C). A line of clarifying language has been added to
Part C to help individuals understand that the items listed in this Part do
not show the establishment of a domicile in Texas. They simply can be used
as proof of 12 months in the state. The leasing or renting of property was
added as a possible means of documenting presence in Texas for 12 months as
item 13 in Part C.
The following comments were received from The University of Texas System
Office regarding the amendments:
Comment: The word "described" should be changed to the term "set forth"
in §21.728(3).
Response: The Board agreed with this comment and §21.728(3) has been
changed to reflect this wording.
Comment: Section 21.728(7) states ". . . has met the conditions shown in
Revised Chart IV. . .," but no conditions are shown in Revised Chart IV. Therefore,
the chart should be revised to show the appropriate conditions.
Response: There are no conditions in Revised Chart IV and the Board deleted
the reference to Revised Chart IV in §21.728(7).
Comment: Change "tuition purposes" to "purposes of establishing residency"
in §21.728(9).
Response: The Board agreed with this comment and §21.728(9) has been
changed to reflect this wording.
Comment: Change the word "described" to "set forth" in §21.731(a).
Response: The Board agreed with this comment and §21.731(a) has been
changed to reflect this wording.
Comment: The revised chart is not incorporated into the definitions; therefore,
it is suggested that §21.731(a) be revised to say ". . . completed set
of Core Questions set forth in Revised Chart II, which is incorporated into
this subchapter for all purposes."
Response: The Board agreed with this comment and §21.731(a) has been
revised to reflect that Revised Chart II is incorporated into the subchapter
rather than the definitions.
Comment: Change the word "described" to "included" in §21.731(b).
Response: The Board agreed with this comment and §21.731(b) has been
changed to reflect this wording.
Comment: Add the following sentence to §21.731(b): "In addition, the
institution may request documents that support the information the student
may provide in Revised Chart II, Section H."
Response: The Board agreed with this comment and the sentence has been
added.
Comment: Change the word "described" to "provided" in §21.731(c).
Response: The Board agreed with this comment and §21.731(c) has been
changed.
Comment: In §21.735(10)(D), the last sentence says "must submit evidence
. . . has established a domicile in Texas." Since the establishment of a domicile
carries a 12 month residency requirement and a person would not need a waiver
if a domicile had been established, it is recommended that the word "domicile"
be changed to "residence."
Response: The Board disagreed with this comment because the establishment
of a domicile does not require residence in Texas for 12 months. No change
was made as a result of this comment.
Comment: Delete the word "the" in "taken the 1 of 3 following actions"
in §21.735(10)(F)(iii). Also, is there a reason why more is required
of military members than any one else? For example, why is "with no delinquent
property taxes" asked for in this section and not required in Chart IV?
Response: The Board agreed and deleted "the" in this subsection. However,
because §21.735(10)(F) refers to a waiver of out-of-state tuition, not
the classification of a student for residency purposes, and those requirements
are set out in statute, the Board did not recommend any further changes to
this section.
Comment: Revised Chart II, Part B, question 4 should have "tuition" at
the end of the sentence.
Response: The word "tuition" is included at the end of the sentence in
this provision. No change was made as a result of this comment.
Comment: The words "classified as" should be added before the word "resident"
in Revised Chart II, Part B, question 5.
Response: The Board agreed with this comment and the words have been added
to this question.
Comment: In Revised Chart II, Part D, question 1.b., if both the name and
city of the high school are needed, the question needs to clear; i.e., "what
was the name and city of the school."
Response: The Board agreed with this comment and "name/city" has been changed
to "name and city" in this question.
Comment: In the instructions to Part D of Revised Chart II, third bullet,
add the words "in Chart III" to clarify where to find the Affidavit: ". .
. Affidavit provided in Chart III as an Attachment to this form . . ."
Response: The Board agreed with this comment and the words have been added
to clarify where to find the Affidavit.
Comment: In Revised Chart II, Part E.2., change the first sentence in the
parentheses to say that the parent or guardian must provide "more than one
half of your support" as opposed to "at least one half of your support."
Response: The Board disagreed and no change was made as a result of this
comment. The suggested change would require that the parent or guardian provide
51 percent of the student's support. The current language, which requires
that the parent or guardian provide 50 percent or more of the student's support,
is a continuation of current policy and would be more easily applied by the
institutions.
Comment: In Revised Chart II, instructions to Part E, last bullet, add
"and complete Part I" to the end of the sentence.
Response: The Board agreed with this comment and this phrase has been added
to these instructions.
Comment: In Revised Chart II, Part F.5., add "or other temporary purpose"
after "employer."
Response: The Board agreed with this comment and this phrase has been added.
Comment: In Revised Chart II, Part F.8, for each one of the parts, it would
be useful to know the date acquired.
Response: The Board agreed with this comment and the phrase "If yes, date
acquired" has been added to a, b, and c of F.8.
Comment: In Revised Chart II, Parts F and G, question 6 a.: Does this meet
the statutory requirement? According to §54.053(1)(A), statements of
dates and length of time the person has resided in the state are needed.
Response: The Board disagrees and believes current wording meets statutory
requirements. No change was made as a result of this comment.
Comment: In Revised Chart II, Parts F and G, question 6 b., change "Establish/maintain
a home" to "Establish/maintain a principal, permanent residence."
Response: This chart is intended for use by students and the Board believes
the term used will be more easily understood by those students. No change
was made as a result of this comment.
Comment: In Revised Chart II, Part F and G, question 7, add "If Texas,
for how long?"
Response: The Board disagreed with this comment because duration of residency
is not required for active members of the U.S. Military. No changes were made
as a result of this comment.
Comment: In Revised Chart II, Part G.5., add "or other temporary purpose"
after "employer."
Response: The Board agreed with this comment and this phrase has been added.
Comment: In Revised Chart II, Part G.8, for each one of the parts, it would
be useful to know the date acquired.
Response: The Board agreed with this comment and the phrase "If yes, date
acquired" has been added to a, b, and c of G.8.
Comment: In Revised Chart II, Part I, in the last line change "cancellation
of enrollment, or appropriate disciplinary action" to "cancellation of enrollment
and/or appropriate disciplinary action."
Response: The Board agreed with this comment and this change has been made.
Comment: In Revised Chart IV, why does Part B say "12 months prior to census
date" and Part A does not?
Response: The Board agreed that the heading should include this phrase
and has changed Part A to also state that the documentation demonstrates the
maintenance of a residence in Texas for "the 12 months prior to the census
date in which the person enrolls."
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 and set forth in Revised Chart II, which is incorporated into this
subchapter for all purposes, to be completed by a person and used by an institution
to determine if the person is a Texas resident.
(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.
(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)
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.
(10)
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).
(11)
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).
(12)
Legal guardian--a person who is appointed guardian under
the Texas Probate Code, Chapter 693, or a temporary or successor guardian.
(13)
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).
(14)
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.
(15)
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).
(16)
Parent--a natural or adoptive parent, managing or possessory
conservator, or legal guardian of a person. The term does not include a step-parent.
(17)
Possessory conservator--a natural or adoptive parent appointed
by court order issued under the Texas Family Code, Title 5.
(18)
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.
(19)
Public technical institute or college--the Lamar Institute
of Technology or any campus of the Texas State Technical College System.
(20)
Regular semester--a fall or spring semester, typically
consisting of 16 weeks.
(21)
Residence--a person's home or other dwelling place.
(22)
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.
(23)
Resident tuition--the amount of tuition paid by a person
who qualifies as a Texas resident under this subchapter.
(24)
Temporary absence--absence from the State of Texas with
the intention to return, generally for a period of less than five years.
(25)
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), a person shall
provide the institution with a completed set of Core Residency Questions as
set forth in Revised Chart II, which is incorporated into this subchapter
for all purposes.
Figure: 19 TAC §21.731(a) (.pdf)
(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 included in Revised Chart IV, which is incorporated into this
subchapter for all purposes. In addition, the institution may request documents
that support the information the student may provide in Revised Chart II,
Part H.
(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 provided 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.
§21.733.Reclassification Based on Additional or Changed Information.
(a)
If a person is initially classified as a nonresident based
on information provided through the set of Core Residency Questions, the person
may request reclassification by providing the institution with supporting
documentation as described in Revised Chart IV, which is incorporated into §21.731(b)
of this title (relating to Information Required to Initially Establish Resident
Status).
(b)
A person shall provide the institution with any additional
or changed information which may affect his or her resident or nonresident
tuition classification under this subchapter.
(c)
An institution may reclassify a person who had previously
been classified as a resident or nonresident under this subchapter based on
additional or changed information provided by the person.
(d)
Any change made under this section shall apply to the first
succeeding semester in which the person is enrolled, if the change is made
on or after the census date of that semester. If the change is made prior
to the census date, it will apply to the current semester.
§21.735.Waiver Programs for Certain Nonresident Persons.
A person who is classified as a nonresident under the provisions of
this section shall be permitted to pay resident tuition, if the person qualifies
for one of the following waiver programs:
(1)
Economic Development and Diversification Program.
(A)
A nonresident person, (including a Citizen, a Permanent
Resident of the U.S., a person who is eligible to be a Permanent Resident
of the U.S., and an eligible nonimmigrant) whose family has been transferred
to Texas by a company under the state's Economic Development and Diversification
Program, and a person's spouse and children shall pay resident tuition as
soon as they move to Texas, if the person provides the institution with a
letter of intent to establish Texas as his/her home. A person who moves to
Texas to attend an institution before his/her family is transferred is permitted
to pay the resident tuition beginning with the first semester or term after
the family moves to the state.
(B)
After the family has maintained a residence in Texas for
12 months, the person may request a change in classification in order to pay
resident tuition.
(C)
A current list of eligible companies is maintained on the
Coordinating Board web site at www.collegefortexans.com.
(2)
Program for Teachers, Professors, their Spouses and Dependents.
(A)
A nonresident person (including a Citizen, Permanent Resident
of the U.S., a person who is eligible to be a Permanent Resident of the U.S.,
and an eligible nonimmigrant) employed as a teacher or professor at least
half time on a regular monthly salary basis (not as hourly employee) by an
institution shall pay resident tuition at any institution in the state and
the spouse and dependent children of the nonresident person shall also pay
resident tuition.
(B)
This waiver program is applicable only during the person's
periods of employment.
(C)
If a spouse or dependent child of the teacher or professor
attends an institution other than the employing institution, the employing
institution shall provide a letter to the spouse or child's institution verifying
the employment of the teacher or professor.
(3)
Program for Teaching Assistants and Research Assistants,
their Spouses and Dependents.
(A)
A nonresident person (including a Citizen, Permanent Resident
of the U.S., a person who is eligible to be a Permanent Resident of the U.S.,
and an eligible nonimmigrant) employed by an institution as a teaching or
research assistant on at least a half-time basis in a position related to
his/her degree program shall pay resident tuition at any institution in this
state and the spouse and dependent children of the nonresident person shall
also pay resident tuition.
(B)
The employing institution shall determine whether or not
the person's employment relates to the degree program.
(C)
If a spouse or dependent child of the teacher or professor
attends an institution other than the employing institution, the employing
institution shall provide a letter to the spouse or child's institution verifying
the employment of the teaching or research assistant.
(D)
This waiver program is applicable only during the person's
periods of employment.
(4)
Program for Competitive Scholarship Recipients.
(A)
A nonresident person (including a Citizen, Permanent Resident
of the U.S., a person who is eligible to be a Permanent Resident of the U.S.,
and an eligible nonimmigrant) who receives a competitive scholarship from
the institution is entitled to pay resident tuition.
(B)
In order for the person to be eligible for this waiver
program, the competitive scholarship must:
(i)
total at least $1,000 for the period of time covered by
the scholarship, not to exceed 12 months; and
(ii)
be awarded by a scholarship committee authorized in writing
by the institution's administration to grant scholarships that permit this
waiver of nonresident tuition; and
(iii)
be awarded according to criteria published in the institution's
paper or electronic catalog, available to the public in advance of any application
deadline; and
(iv)
be awarded under circumstances that cause both the funds
and the selection process to be under the control of the institution; and
(v)
permit awards to both resident and nonresident persons.
(C)
The scholarship award shall specify the semester or semesters
for which the scholarship is awarded and a waiver of nonresident tuition under
this provision shall not exceed the semester or semesters for which the scholarship
is awarded.
(D)
If the scholarship is terminated for any reason prior to
the end of the semester or semesters for which the scholarship was initially
awarded, the person shall pay nonresident tuition for any semester following
the termination of the scholarship.
(E)
The total number of persons receiving a waiver of nonresident
tuition in any given semester under this provision shall not exceed 5 percent
of the students enrolled in the same semester in the prior year in that institution.
(F)
If the scholarship recipient is concurrently enrolled at
more than one institution, the waiver of nonresident tuition is only effective
at the institution awarding the scholarship. An exception for this rule exists
for a nonresident person who is simultaneously enrolled in two or more institutions
of higher education under a program offered jointly by the institutions under
a partnership agreement. If one of the partnership institutions awards a competitive
scholarship to a person, the person is entitled to a waiver of nonresident
tuition at the second institution.
(G)
If a nonresident person is awarded a competitive academic
scholarship or stipend under this provision and the person is accepted in
a clinical biomedical research training program designed to lead to both a
doctor of medicine and doctor of philosophy degree, he or she is eligible
to pay the resident tuition rate.
(5)
Programs for Lowered Tuition for Individuals from Bordering
States or Mexico.
(A)
Programs that Require Reciprocity. Waivers of nonresident
tuition made through each of the following three programs for persons from
states neighboring Texas must be based on reciprocity and the institution
shall not grant these waivers unless the institution has been provided with
a current written agreement with a similar institution in the other state,
agreeing to lower tuition for Texas students attending that institution. A
participating Texas institution shall file a copy of such agreements with
the Board and the agreements shall not be more than 2 years old. The amount
of tuition charged shall not be less than the Texas resident tuition rate.
(i)
Persons residing in New Mexico, Oklahoma, Arkansas or Louisiana
may pay a lowered nonresident tuition when they attend Texas A&M Texarkana,
Lamar State College-Port Arthur, Lamar State College-Orange or any public
community or technical college located in a county adjacent to their home
state.
(ii)
Persons residing in New Mexico and Oklahoma may pay a
lowered nonresident tuition when they attend a public technical college located
within 100 miles of the border of their home state.
(iii)
Persons residing in counties or parishes of New Mexico,
Oklahoma, Arkansas or Louisiana adjacent to Texas may pay a lowered nonresident
tuition at any institution.
(iv)
If a person or a dependent child's family moves to Texas
from a bordering state after the person or dependent child has received a
waiver of nonresident tuition based on reciprocity as described in this section,
the person is eligible for a continued waiver of nonresident tuition for the
12-month period after the relocation to Texas.
(B)
Programs That Do Not Require Reciprocity. Persons who reside
in another state may pay a lowered nonresident tuition not less than $30 per
semester credit hour above the current resident tuition rate when they attend
a general academic teaching institution located within 100 miles of the Texas
border if:
(i)
the governing board of the institution approves the tuition
rate as in the best interest of the institution and finds that such a rate
will not cause unreasonable harm to any other institution; and
(ii)
the Commissioner approves the tuition rate by finding
that the institution has a surplus of total educational and general space
as calculated by the Board's most current space projection model. This obligation
to obtain the approval of the Commissioner is continuing and approval to participate
in this waiver program must be obtained at least every two years.
(C)
Programs for Residents of Mexico. Subject to the following
provisions, persons who are currently residents of Mexico and those persons
who are temporarily residing outside of Mexico but with definite plans to
return to Mexico shall pay resident tuition.
(i)
An unlimited number of residents of Mexico who have demonstrated
financial need and attend a general academic teaching institution or a component
of the Texas State Technical College System, if the institution or component
is located in a county adjacent to Mexico, Texas A&M University--Corpus
Christi, Texas A&M University--Kingsville, the University of Texas at
San Antonio, or Texas Southmost College shall pay resident tuition.
(ii)
A limited number of residents of Mexico who have financial
need may attend a general academic teaching institution or campus of the Texas
State Technical College System located in counties not adjacent to Mexico
and pay resident tuition This waiver program is limited to the greater of
two students per 1000 enrollment, or 10 students per institution.
(iii)
An unlimited number of residents of Mexico who have demonstrated
financial need and register in courses that are part of a graduate degree
program in public health conducted by an institution in a county immediately
adjacent to Mexico shall pay resident tuition.
(6)
Program for the beneficiaries of the Texas Tomorrow Fund.
A person who is a beneficiary of the Texas Tomorrow Fund shall pay resident
tuition and required fees for semester hours paid under the prepaid tuition
contract. If the person is not a Texas resident, all tuition and fees not
paid under the contract shall be paid at the nonresident rate.
(7)
Program for Inmates of the Texas Department of Criminal
Justice. All inmates of the Texas Department of Criminal Justice shall pay
resident tuition.
(8)
Program for Foreign Service Officers. A Foreign Service
officer employed by the U.S. Department of State and enrolled in an institution
shall pay resident tuition if the person is assigned to an office of the U.S.
Department of State that is located in Mexico.
(9)
Program for Registered Nurses in Postgraduate Nursing Degree
Programs. An institution may permit a registered nurse authorized to practice
professional nursing in Texas to pay resident tuition and fees without regard
to the length of time that the registered nurse has resided in Texas, if the
nurse:
(A)
is enrolled in a program designed to lead to a master's
degree or other higher degree in nursing; and
(B)
intends to teach in a program in Texas designed to prepare
students for licensure as registered nurses.
(10)
Programs for Military and Their Families. Members of the
U.S. Armed Forces, Army National Guard, Air National Guard, Army, Air Force,
Navy, Marine Corps or Coast Guard Reserves and Commissioned Officers of the
Public Health Service, and their Spouses or Dependent Children.
(A)
Assigned to Duty in Texas. Nonresident members of the U.S.
Armed Forces, members of Texas units of the Army or Air National Guard, Army,
Air Force, Navy, Marine Corps or Coast Guard Reserves and Commissioned Officers
of the Public Health Service who are assigned to duty in Texas, and their
spouses, or dependent children, shall pay resident tuition. To qualify, the
person shall submit during his or her first semester of enrollment in which
he or she will be using the waiver program, a statement from an appropriately
authorized officer in the service, certifying that he or she (or a parent)
will be assigned to duty in Texas on the census date of the term he or she
plans to enroll and that he or she, if a member of the National Guard or Reserves,
is not in Texas only to attend training with Texas units. Such persons shall
pay resident tuition so long as they reside continuously in Texas or remain
continuously enrolled in the same degree or certificate program. For purposes
of this subsection, a person is not required to enroll in a summer semester
to remain continuously enrolled.
(B)
After Assignment to Duty in Texas. A spouse and/or dependent
child of a nonresident member of the U.S. Armed Forces, or of a Commissioned
Officer of the Public Health Service who has been reassigned elsewhere after
having been assigned to duty in Texas shall pay resident tuition so long as
the spouse or child resides continuously in Texas. For purposes of this subsection,
a person is not required to enroll in a summer semester to remain continuously
enrolled.
(C)
Out-of-State Military. A spouse and/or dependent child
of a member of the U.S. Armed Forces, or of a Commissioned Officer of the
Public Health Service who is stationed outside of Texas shall pay resident
tuition if the spouse and/or child moves to this state and files a statement
of intent to establish residence in Texas with the institution that he or
she attends.
(D)
Survivors. A spouse and/or dependent child of a member
of the U.S. Armed Forces, or of a Commissioned Officer of the Public Health
Service who died while in service, shall pay resident tuition if the spouse
and/or child moves to Texas within 60 days of the date of death. To qualify,
a person shall submit satisfactory evidence to the institution that establishes
the date of death of the member and that the spouse and/or dependent child
has established a domicile in Texas.
(E)
Spouse and Dependents who Previously Lived in Texas. A
spouse and/or dependent child of a member of the U.S. Armed Forces, or of
a Commissioned Officer of the Public Health Service who previously resided
in Texas for at least six months shall pay resident tuition, if the member
or commissioned officer, at least 12 months prior to the census date of the
spouse's or dependent child's enrollment in an institution:
(i)
filed proper documentation with the military or Public
Health Service to change his/her permanent residence to Texas and designated
Texas as his/her place of legal residence for income tax purposes; and
(ii)
registered to vote in Texas, and
(iii)
has satisfied a least one of the following requirements
for the 12 months prior to the first day of the relevant semester:
(I)
ownership of real estate in Texas with no delinquent property
taxes;
(II)
registration of an automobile in Texas, or
(III)
execution of a currently-valid will deposited with a
county clerk in Texas that indicates he/she is a resident of Texas.
(F)
Honorably Discharged Veterans. A former member of the U.S.
Armed Forces or Commissioned Officer of the Public Health Service and his/her
spouse and/or dependent child shall pay resident tuition for any semester
beginning prior to the first anniversary of separation from the military or
health service, if the former member:
(i)
had, at least one year preceding the census date of the
term or semester, executed a document with U.S. Armed Forces or Public Health
Service that is in effect on the census date of the term or semester and that
changed his/her permanent residence to Texas and designated Texas as his/her
place of legal residence for income tax purposes; and
(ii)
had registered to vote in Texas for at least 12 months
prior to the census date of the term or semester, and
(iii)
provides documentation that the member has, not less
than 12 months prior to the census date of the term in which he or she plans
to enroll, taken 1 of the 3 following actions:
(I)
purchased real estate in Texas with no delinquent property
taxes;
(II)
registered an automobile in Texas, or
(III)
executed a currently-valid will that has been deposited
with a county clerk in Texas that indicates he/she is a resident of Texas.
(G)
NATO Forces. Non-immigrant aliens stationed in Texas under
the agreement between the parties to the North Atlantic Treaty regarding status
of forces, their spouses and dependent children, shall pay resident tuition.
(H)
Radiological Science Students at Midwestern State University.
Members of the U.S. Armed Forces stationed outside the State of Texas who
are enrolled in a bachelor of science or master of science degree program
in radiological sciences at Midwestern State University by instructional telecommunication
shall pay resident tuition and other fees or charges provided for Texas residents,
if they began the program of study while stationed at a military base in Texas.
(11)
Program for the Center for Technology Development and
Transfer. Under agreements authorized by Texas Education Code, §65.45,
a person employed by the entity with whom the University of Texas System enters
into such an agreement, or the person's spouse or child, may pay resident
tuition when enrolled in a University of Texas System 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 February 1, 2006.
TRD-200600550
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 9, 2005
For further information, please call: (512) 427-6114
19 TAC §21.736
The Texas Higher Education Coordinating Board adopts new §21.736
concerning Determination of Resident Status and Waiver Programs for Certain
Nonresident Persons, without changes to the proposed text as published in
the December 9, 2005, issue of the
Texas Register
(30 TexReg 8256).
Specifically, new §21.736 requires each institution to designate a
Residence Determination Official and requires the designated official to be
knowledgeable of the residency rules and statutes and to receive training
at least once in each year on the applicable residency rules and statutes.
There were no comments received regarding the new section.
The new section 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 February 1, 2006.
TRD-200600530
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 9, 2005
For further information, please call: (512) 427-6114
19 TAC §§21.2100 - 21.2107
The Texas Higher Education Coordinating Board adopts amendments
to §§21.2100 - 21.2107 of Board rules concerning the Exemption Program
for Veterans and Their Dependents (The Hazlewood Act) without changes to the
proposed text as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 7969).
Senate Bill 101 and Senate Bill 1528, 79th Legislature, Regular Session,
amended Texas Education Code, §54.203, and added new §61.0516, changing
eligibility requirements and procedures for the Exemption Program for Veterans
and Their Dependents. Rules were adopted on an emergency basis in July 2005.
In August 2005, Attorney General Opinion GA 0347 was issued, regarding student
eligibility requirements. In addition, Board staff met with college and Texas
Veterans' Commission representatives several times since the adoption of rules
in July to more fully clarify and develop program requirements and procedures.
The amendments are a result of the meetings and the new Attorney General's
opinion. Specifically, changes to §21.2100 reflect the addition of definitions
for terms that are used in the subchapter. They also include the elimination
of definitions for mandatory fees, discretionary fees, and optional fees.
The Board is currently developing formal definitions for these terms and new
definitions will be added to rules in the future when they have been finalized.
Changes to §21.2101(a) indicate in generic terms the fees that are to
be exempted for individuals eligible for the Hazlewood exemption. The change
to §21.2101(g) and (h) reflects new provisions included in Senate Bill
1528 regarding the value of exemptions to students taking extraordinarily
expensive courses such as flight training. Changes to §21.2102 indicate,
in keeping with the Opinion of the Office of the Attorney General (GA 0347),
that veterans can meet the program residency requirement for time of entry
if they were citizens of the United States at the time they entered the service
and entered the service in Texas. Other changes will clarify program requirements
and include veteran education benefits issued under Title 10, United States
Code, Chapter 1607. Changes to §21.2103 will make the language flow more
smoothly and indicate that the parent who was a member of the U.S. Armed Forces
must have been a U.S. citizen and resident of Texas at the time of entry in
order for the child to qualify for an exemption. Changes to §21.2104
reflect the fact that some institutions operate on a semester basis; some
use the word "terms" to refer to their periods of study. The change to 21.2104(c)
clarifies that although students are entitled to the exemption if they provide
all the necessary information by the census date as indicated in (b), an institution
may grant the exemption if the student has submitted the application by the
census date but does not have all the supporting materials in by that date
as long as the remaining materials are received by the end of the term. Institutions
are not required to allow students this additional time, but may do so. Changes
to §21.2105(a) reflect new information that although most veterans lose
eligibility for federal benefits after 10 years, some benefits extend beyond
that period of time and that the DD214 does not currently provide enough information
to determine a veteran's residency at the time he or she entered the service.
Changes to §21.2105(b) clarify the documentation needed to determine
whether the child of a deceased member of the Texas National Guard can qualify
for an exemption. Changes to §21.2106 give institutions the option to
allow individuals who claim eligibility to use the exemption if they have
not provided all the documents as of the census date as long as the information
is received by the school by the end of the tem or semester. The change to §21.2107
clarifies that the student's consent would allow his or her current institution
to receive information from the Hazlewood database, as well as previous schools
that he or she might have attended.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §54.203(i),
which states that the Coordinating Board may adopt rules necessary to implement
the 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 February 1, 2006.
TRD-200600531
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 427-6114
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
19 TAC §22.26
The Texas Higher Education Coordinating Board adopts an amendment
to §22.26 concerning the Tuition Equalization Grant Program, without
changes to the proposed text as published in the December 9, 2005, issue of
the
Texas Register
(30 TexReg 8257).
House Bill 1172, 79th Legislature, Regular Session, added new § 61.2251
of the Texas Education Code, regarding eligibility requirements for persons
initially awarded a Tuition Equalization Grant during or after the 2005-2006
academic year. The new section provides that a person may continue to receive
a Tuition Equalization Grant if his or her academic performance drops below
program requirements because of a hardship or for other good cause. Specifically,
the change to §22.26 indicates that each institution must adopt its own
hardship policy and make it available for public review.
No comments were received regarding the amendment.
The amendment is adopted under the Texas Education Code, §61.229,
which authorizes the Coordinating Board to adopt any rules necessary to administer
Texas Education Code, §§61.221 - 61.230; and §61.2251, which
states that the Coordinating Board shall adopt rules to allow a person who
is otherwise eligible to receive a Tuition Equalization Grant, in the event
of a hardship or for other good cause shown, to receive a Tuition Equalization
Grant.
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 February 1, 2006.
TRD-200600532
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 21, 2006
Proposal publication date: December 9, 2005
For further information, please call: (512) 427-6114
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Chapter 13.
FINANCIAL PLANNING
Chapter 21.
STUDENT SERVICES
Subchapter X. DETERMINATION OF RESIDENT STATUS AND WAIVER PROGRAMS FOR CERTAIN NONRESIDENT PERSONS
Subchapter NN. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
Subchapter L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM