Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board adopts on an emergency basis, amendments to §4.3 concerning limitations on the number of courses that may be dropped under certain circumstances by undergraduate students. The amendments are being adopted on an emergency basis pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. Specifically, these amendments are being adopted on an emergency basis under the provisions of Texas Education Code §51.907(e), added by SB 1231, §1, and §5 (80th Texas Legislature), which specifies authority to adopt initial rules on an emergency basis. The proposed amendments add a definition of a "dropped course" and renumbers the existing definitions to accommodate the new definition in alphabetical order.
The amendments are being adopted on an emergency basis under the Texas Government Code, §2001.034, which gives the Coordinating Board the authority to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice, and Texas Education Code, §51.907(e), which authorizes the Coordinating Board to adopt rules concerning limitations on the number of courses that may be dropped under certain circumstances by undergraduate students.
§4.3.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (10) (No change.)
(11) Dropped Course--a course in which an undergraduate student at an institution of higher education has enrolled for credit, but did not complete, under these conditions:
(A) the student was able to drop the course without receiving a grade or incurring an academic penalty;
(B) the student's transcript indicates or will indicate that the student was enrolled in the course past the deadline to add and drop prior to the census date; and
(C) the student is not dropping the course in order to withdraw from the institution.
(12)
[
(11)
] Degree program--Any grouping
of subject matter courses which, when satisfactorily completed by a student,
will entitle the student to a degree from an institution of higher education.
(13)
[
(12)
] Faculty or professional
staff of an institution of higher education--a non-classified, full-time employee
who is a member of the faculty or staff and whose duties include teaching,
research, administration or performing professional services, including professional
library services.
(14)
[
(13)
] Fiscal year--the State of
Texas' fiscal year, September 1 through August 31.
(15)
[
(14)
] Institution of higher education
or institution--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.
(16)
[
(15)
] Interdisciplinary baccalaureate
degrees--the Bachelor of General Studies degree (defined in paragraph (4)
of this section) and such general degrees as liberal arts or humanities. These
broad-based degrees vary in the amount of prescriptive structure but share
the characteristics of flexibility for the student and interdisciplinary course
selection.
(17)
[
(16)
] Non-classified--an employee
whose position is not controlled by the institution's classified personnel
system or a person employed in a similar position if the institution does
not have a classified personnel system.
(18)
[
(17)
] Religious holy day--A holy
day observed by a religion whose places of worship are exempt from property
taxation under the Texas Tax Code, §11.20.
This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 14, 2007.
TRD-200702420
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective Date: June 14, 2007
Expiration Date: October 11, 2007
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts, on an emergency basis, new §4.10 concerning limitations on the number of courses that may be dropped under certain circumstances by undergraduate students. The new section is adopted on an emergency basis pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. Specifically, this new section is being adopted on an emergency basis under the provisions of Texas Education Code, §51.907(e), which was added by SB 1231, §1, and §5 (80th Regular Session Texas Legislature), which specifies authority to adopt initial rules on an emergency basis. The new §4.10 describes situations under which a student would be permitted to drop more than the six courses allowed by the provisions of §1 of SB 1231 (80th Regular Session, Texas Legislature), as part of the provisions of a new section of the Texas Education Code, §51.907.
The new section is adopted on an emergency basis under the Texas Government Code, §2001.034, which gives the Coordinating Board the authority to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice, and Texas Education Code, §51.907(e), which authorizes the Coordinating Board to adopt rules concerning limitations on the number of courses that may be dropped under certain circumstances by undergraduate students.
§4.10.Limitations on the Number of Courses That May Be Dropped Under Certain Circumstances By Undergraduate Students.
(a) Beginning with the fall 2007 academic term, and applying to students who enroll in higher education for the first time during the fall 2007 academic term or any term subsequent to the fall 2007 term, an institution of higher education may not permit an undergraduate student to drop a total of more than six courses, including any course a transfer student has dropped at another institution of higher education as defined for this section, unless:
(1) the institution has adopted a policy under which the maximum number of courses a student is permitted to drop is less than six; or
(2) the student can show good cause for dropping more than that number, including but not limited to a showing of:
(A) a severe illness or other debilitating condition that affects the student’s ability to satisfactorily complete the course;
(B) the student’s responsibility for the care of a sick, injured or needy person if the provision of that care affects the student’s ability to satisfactorily complete the course;
(C) the death of a person who is considered to be a member of the student’s family or who is otherwise considered to have a sufficiently close relationship to the student that the person’s death is considered to be a showing of good cause;
(D) the active duty service as a member of the Texas National Guard or the armed forces of the United States of either the student of a person who is considered to be a member of the student’s family or who is otherwise considered to have a sufficiently close relationship to the student that the person’s active military service is considered to be a showing of good cause;
(E) the change of the student’s work schedule that is beyond the control of the student, and that affects the student’s ability to satisfactorily complete the course; or
(F) other good cause as determined by the institution of higher education.
(b) Each institution of higher education shall adopt a policy and procedure for determining a showing of good cause as specified in subsection (a) of this section and shall provide a copy of the policy to the Coordinating Board.
(c) Each institution of higher education shall publish the policy adopted under this section in the catalogue and other print and Internet-based publications as appropriate for the timely notification of students.
This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 14, 2007.
TRD-200702421
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective Date: June 14, 2007
Expiration Date: October 11, 2007
For further information, please call: (512) 427-6114
Subchapter Q. ENGINEERING RECRUITMENT PROGRAMS
The Texas Higher Education Coordinating Board adopts, on an emergency basis, new §§22.312 - 22.315, concerning engineering recruitment programs established by the Texas Higher Education Coordinating Board (H.B. 2978, 80th Texas Legislature). The new sections are adopted on an emergency basis pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. Specifically, these new sections are being adopted on an emergency basis under the provisions of House Bill 2978 of the 80th Texas Legislature, which added Texas Education Code, §§61.791 - 61.793 and authorized the Board to adopt rules in the manner provided by law for emergency rules. These emergency new rules will establish requirements for admission to a summer program for middle and high school students, reflecting the demographics of the state, at engineering degree programs of general academic teaching institutions. These new rules will also establish the administration necessary for a scholarship program for students pursuing a degree in engineering at a general academic teaching institution, including rules providing for the determination of the amount of each scholarship.
These new sections are adopted on an emergency basis under the Texas Government Code, §2001.034, which gives the Coordinating Board the authority to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice, and Texas Education Code, §§61.791 - 61.793, which authorized the Coordinating Board to adopt rules concerning engineering recruitment programs.
§22.312.Authority, Scope, and Purpose.
(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Subchapter Q, ENGINEERING RECRUITMENT PROGRAMS. This subchapter establishes rules for administering the engineering recruitment programs established by the Texas Higher Education Coordinating Board and prescribed in the Texas Education Code, §§61.791 - 61.793.
(b) Scope. Unless otherwise noted, this subchapter applies to any general academic teaching institution (Texas Education Code, §61.003) that offers an engineering degree program and their students.
(c) Purpose. The purpose of these programs is to provide grants to any general academic teaching institution to implement one-week summer programs for middle and high school students or to provide scholarships to students pursuing a degree in engineering at any general academic teaching institution.
§22.313.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) Eligible institution--any general academic teaching institution that offers one or several undergraduate degree programs in engineering.
(4) Engineering degree program--any undergraduate degree program in engineering at an eligible institution.
(5) Engineering student--student enrolled at an eligible institution in an undergraduate engineering degree program.
(6) Summer program--a math, science, and engineering laboratory-oriented day camp, organized by an eligible institution with one or more one-week sessions, to take place on the campus of the eligible institution.
(7) Proposal--a summer program proposal written by an eligible institution.
(8) Application--a scholarship application submitted by an eligible student.
§22.314.Summer Program.
(a) Summer programs shall be designed for middle and/or high school students that will introduce participating students to math, science, and engineering concepts that they may encounter in an engineering degree program.
(b) Once every fiscal year the Commissioner may authorize distribution of a request for proposals for the design and implementation of summer programs.
(c) The Board shall post the request for proposals on the agency website at least 30 working days prior to the due date for proposals and shall notify all eligible institutions.
(d) The request for proposals shall:
(1) contain information necessary to prepare proposals including financial resources available for distribution as well as the criteria that will be used for award of grants,
(2) contain data describing the demographics of the state,
(3) require the proposal to address plans by the eligible institution to ensure that its summer program reflects the demographics of the state,
(4) include the requirements for admission to a summer program, including the requirement of an appropriate math and science background according to the participating student's grade level and the availability of camp scholarships if needed, and
(5) specify any other grant conditions.
(e) Each eligible institution may submit one proposal to the Board and the Commissioner shall award grants for the summer program based on submitted proposals and availability of funding.
(f) All eligible institutions receiving grants for summer programs shall submit a final report to the Board within 90 days of the end of the summer program. The Commissioner shall specify the format for the report.
(g) After making a finding that an eligible institution has failed to perform or failed to conform to grant conditions, the Commissioner may retract or reduce the grant for the summer program.
(h) The governing board of each eligible institution shall cooperate with the board in administering this program.
§22.315.Scholarship Program.
(a) The Board shall post the scholarship announcement and application form for the scholarships on the agency website. The scholarship announcement shall contain information about:
(1) financial resources available for distribution,
(2) maximum number of scholarships available for each eligible institution,
(3) duration and allowable range of award amounts for scholarships, and
(4) eligibility criteria for engineering students submitting an application, including eligibility criteria established by statute.
(b) The Commissioner shall determine the allowable range of award amounts for scholarships by taking into account availability of funds, duration of scholarships, maximum number of awards per eligible institution, and desired effectiveness of the scholarship.
(c) Eligible institutions shall make the Board's application form accessible to all engineering students in paper or through electronic access.
(d) Awarded scholarships do not represent an entitlement for continuation of funding but all engineering students with a previous award may apply for and receive repeat funding.
(e) Each eligible institution shall collect engineering student applications, shall verify student eligibility, and shall make awards as set forth in the scholarship announcement.
(f) At the end of the scholarship period as defined in the scholarship announcement, eligible institution shall report to the Board the number and size of scholarships given, as well as other demographic data in a format specified by the Commissioner.
(g) Each eligible institution shall select engineering student applications to reflect the demographics of the state and shall, to the extent possible, use the scholarships to augment, not replace, other gift aid.
This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 14, 2007.
TRD-200702422
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective Date: June 14, 2007
Expiration Date: October 11, 2007
For further information, please call: (512) 427-6114