Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Subchapter F. MATCHING SCHOLARSHIPS TO RETAIN STUDENTS IN TEXAS
19 TAC §§21.151, 21.152, 21.154
The Texas Higher Education Coordinating Board proposes amendments to §§21.151, 21.152, and 21.154, concerning the Matching Scholarships to Retain Students in Texas Program. Specifically, the proposed amendments to §21.151 (Purpose) update the title of the section to "Authority and Purpose" for consistency throughout the rules; and adds subsection (a) which references the authorizing statute for the program. Amendments to §22.152(2) (Definitions) update the citation and title for Chapter 21, Subchapter B, which deals with residency. The amendments to §21.154(1) (Eligible Students) change "Texas resident" to "resident of Texas," which corresponds with the term defined in §22.152.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be clarification of program rules. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.087, which provides the Coordinating Board with the authority to adopt any rules necessary to implement this section.
The amendments affect §61.087.
§21.151. Authority and Purpose.
(a) Authority for this subchapter is provided in Texas Education Code, §61.087, Matching Scholarships to Retain Students in Texas.
(b) The purpose of this program is to enable eligible institutions to use funds appropriated to it to encourage Texas students to attend college in Texas rather than go to college out of state.
§21.152.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) (No change.)
(2) Resident of Texas--A resident of the State of Texas
as determined in accordance with Subchapter B of this chapter (relating
to Determination of Resident Status and Waiver Programs for Certain
Nonresident Persons [Determining Residence Status]).
Nonresident students eligible to pay resident tuition rates are not included.
§21.154.Eligible Students.
To be eligible to receive an award through this program, a student must:
(1) be a resident of Texas [resident];
(2) - (3) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802074
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §21.402 and §21.404, concerning the Texas College Work-Study Program. Specifically, the proposed amendments to §21.402(12) (Definitions) update the citation for Chapter 21, Subchapter B, which deals with residency. The amendment to §21.404(4) (Eligible Student Employees) reflects state selective service registration requirements (Texas Education Code, §51.9095) for receiving state aid.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be clarification of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §56.073, which provides the Coordinating Board with the authority to adopt any rules necessary to administer Texas Education Code, §§56.071 - 56.079, and §51.9095, which authorizes the Coordinating Board to adopt rules regarding student compliance with selective service registration.
The amendments affect §§56.071 - 56.079.
§21.402.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (11) (No change.)
(12) Resident of Texas--A resident of the State of
Texas as determined in accordance with
Subchapter B [§§21.727 - 21.736] of this
chapter [title] (relating
to Determination of Resident [Residence] Status
and Waiver Programs for Certain Nonresident Persons). Nonresident
students who are eligible to pay resident tuition rates are not residents
of Texas.
§21.404.Eligible Student Employees.
(a) To be eligible for employment in the general work-study program a person shall:
(1) (No change.)
(2) be enrolled for at least the number of hours required
of a half-time student, and be seeking a degree or certification in
an eligible institution; [and]
(3) establish financial need in accordance with Board
procedures; and[.]
(4) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802075
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §21.910, concerning the Reciprocal Educational Exchange Program. Specifically, the proposed amendments to §21.910 (Reporting Requirements) eliminate the specific reporting deadline date and clarify that prior-year program data is to be reported annually by a deadline specified by the Board.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarification of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, Chapter 54, Subchapter B, which provides the Coordinating Board with the authority to adopt any rules necessary to administer Texas Education Code, §54.060(d).
The amendments affect Texas Education Code, §54.060(d).
§21.910.Reporting Requirements.
Each [By October 31 of each] year each
participating Texas institution shall provide a prior-year program
report to the Board on a form provided by the Board and by a
deadline specified by the Board. The report shall include such
things as the number of students who have participated in the exchange
program, and the names and locations of the institutions with which
the exchanges have taken place. Each institution is to define, demonstrate
and report the basis on which their student exchanges are reciprocal.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802076
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §21.938, concerning Programs for Enrolling Students from Mexico. Specifically, the proposed amendments to §21.938 (Reporting Requirements) eliminate the reporting deadline date, require institutions to report program data on an annual basis, and simplify the data being reported.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarification of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, Chapter 54, Subchapter B, which provides the Coordinating Board with the authority to adopt any rules necessary to administer Texas Education Code, §54.060(b) and (e).
The amendments affect Texas Education Code, §54.060(b) and (e).
§21.938.Reporting Requirements.
Each [By October 31 of each] year each
participating institution shall [may] provide
a program report to the Board on a form provided by the Board
and by a deadline specified by the Board. The report will include
such information as the number of students enrolling in the institution
through the program[
, the classification of participating students,
the programs of study in which the students enrolled,] and the
amount of tuition waived.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802077
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
Subchapter E. TEXAS NEW HORIZONS SCHOLARSHIP PROGRAM
The Texas Higher Education Coordinating Board proposes amendments to §22.83 and §22.86, concerning the Texas New Horizons Scholarship Program. Specifically, the amendments to §22.83 (Eligible Students) cite the eligibility requirements for continuing in the program. This data was once housed in the General Provisions section of Chapter 22, §§22.1 - 22.8, but these sections were repealed so that the provisions could be added to individual program rules in order for the program rules to act as stand-alone documents reflecting all program requirements. House Bill 713, 76th Texas Legislature, repealed Texas Education Code, §54.216, which authorized the Texas New Horizons Scholarship Program. The program is being phased out and awards for the few remaining continuation students are funded from TEXAS Grant appropriations. The amendment to §22.86 (Funding) reflects the change in funding source for scholarship awards from an appropriation specifically for the Texas New Horizons Scholarship Program to appropriations from the TEXAS Grant Program.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be an easier understanding of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules to effectuate the programs under its administration.
The amendments affect no current statute since Texas Education Code, §54.216, has been repealed.
§22.83.Eligible Students.
To be eligible, a student must [meet the general eligibility
criteria outlined in the general provisions of this chapter. In addition,
the student must
] not have received a baccalaureate degree and
must not be receiving an athletic scholarship. In addition, the
student must meet the following requirements:
(1) be a Texas resident as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons);
(2) be enrolled for at least six semester credit hours per semester or the equivalent at an eligible institution;
(3) show financial need;
(4) maintain satisfactory academic progress in his or her program of study as defined by his or her institution; and
(5) have received an award through the Texas New Horizons Scholarship Program prior to fall, 1999.
§22.86.Funding.
The costs of the scholarships authorized under this section
shall be covered by appropriations for the TEXAS Grant program established
by the Texas Education Code, Chapter 56, Subchapter M. [Out
of funds appropriated for the Texas New Horizons Scholarship Program,
the Commissioner shall allocate funds to eligible institutions in
proportion to the unmet financial need of their students. Institutions
must send to the board local or institutional funds of an amount at
least equal to the amount of state funds provided. Individual student
awards will be issued, with half of the funds coming from state appropriations
and half from funds deposited by the institution.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802078
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
19 TAC §§22.141, 22.142, 22.146, 22.147
The Texas Higher Education Coordinating Board proposes amendments to §§22.141, 22.142, 22.146, and 22.147, concerning the Provisions for the License Plate Insignia Scholarship Program. The proposed amendments to §22.141(a) (Authority and Purpose) update the citation for the authorizing statute from Texas Transportation Code, §502.270 to §504.615. The amendments to §22.146 (Allocations and Reallocations) also update the citation for the authorizing statute. The amendments to §22.142 (Definitions) update the name of the Texas Department of Transportation, formerly the State Department of Highways and Public Transportation. The amendments to §22.147 (Disbursements) change the mandatory frequency for sending funds generated through the sale of license plates to the institutions from monthly to quarterly cycles.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be clarification of program authority and requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt any rules to effectuate the programs under its administration.
The amendments affect Texas Transportation Code, §504.615.
§22.141.Authority and Purpose.
(a) Authority. Authority for this subchapter is provided
in the Texas Transportation Code regarding Collegiate License Plates.
These rules establish procedures to administer the subchapter as prescribed
in the Texas Transportation Code,
§504.615 [§502.270
], generally known as the License Plate Insignia Scholarship Program.
(b) (No change.)
§22.142.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (2) (No change.)
(3) Department--Texas Department of Transportation [
The Department of Highways and Public Transportation].
(4) - (5) (No change.)
§22.146.Allocations and Reallocations.
Each institution will have at its disposal the portion of funds
generated through the sale of its own license plates in accordance
with Texas Transportation Code, §504.615 [
§506.270(d)].
§22.147.Disbursements.
Awards are to be made to eligible students at each institution in accordance with these rules and regulations.
(1) (No change.)
(2) For other public institutions. Funds will be made
available to the institution through the Board. On a regular basis
(at least once per quarter [monthly]), the Board
will send the institution a state warrant for the amount of License
Plate Insignia Scholarship funds generated through the sale of license
plates and deposited by the department in the State Comptroller's
Office for that institution.
(3) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802079
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §22.162 and §22.164, concerning Provisions for the Fifth-Year Accounting Student Scholarship Program. Specifically, the amendment to §22.162(10) updates the title for Chapter 21, Subchapter B, which deals with residency. New §22.164(a)(8) adds the requirement that a student must be a resident of Texas in order to receive funds. New §22.164(a)(9) reflects state selective service registration requirements (Texas Education Code, §51.9095) for receiving state aid. The amendments to §22.164(b) provide language which enables the advisory committee to establish tighter selection criteria based on financial need, and remove Texas residency as one of the factors for selecting scholarship recipients since being a Texas resident is proposed in §22.164(a)(8) as a new eligibility requirement for receiving funds.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be an easier understanding of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.755, which authorizes the Coordinating Board to establish and administer scholarships for fifth-year accounting students, and §51.9095, which authorizes the Coordinating Board to adopt rules regarding student compliance with selective service registration.
The amendments affect Texas Education Code, §§61.751 - 61.758.
§22.162.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (9) (No change.)
(10) Resident of Texas--A resident of the State of
Texas as determined in accordance with Chapter 21, Subchapter B[
,] of this title (relating to Determination of Resident
[Determining Residence] Status
and Waiver Programs for Certain Nonresident Persons
). Nonresident students who are eligible to pay resident
tuition rates are not residents of Texas.
§22.164.Eligible Students.
(a) To receive funds, a student must:
(1) - (5) (No change.)
(6) maintain a cumulative grade point average, as determined
by the institution, that is equal to or greater than the grade point
average required by the institution for graduation; [
and]
(7) be enrolled in the additional hours of study required
by Texas Occupation Code, §901.256(2)(A) (concerning Work Experience
Requirements); [.]
(8) be a resident of Texas; and
(9) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.
(b) In selecting recipients the Program Officer shall consider at a minimum the following factors relating to each applicant:
(1) financial need, which acts as an upper limit to the amount the student may receive and cannot equal less than the amount calculated in keeping with the formula provided institutions in the application instructions;
(2) scholastic ability and performance as measured by the student's cumulative college grade point average as determined by the institution in which the student is enrolled; and
(3) ethnic or racial minority status. [;and]
[(4) Texas residency.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802080
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §22.280, concerning Individual Development Account Information Program. Specifically, the proposed amendments to §22.280 (Authority and Purpose) update the citation for the Individual Development Account Information Program from Texas Education Code, §61.0816 to §61.0817.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarification of the authority for the program. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6165, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.0817, which provides the Coordinating Board with the authority to adopt any rules necessary to administer this section.
The amendments affect Texas Education Code, §61.0817.
§22.280.Authority and Purpose.
(a) Authority. Authority for this subchapter is provided
in the Texas Education Code,
Chapter 61, Subchapter C, §61.0817 [
Chapter 61, §61.0816], Individual Development
Account Information Program.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802081
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §22.293 and §22.295 concerning the Exemption Program for Children of Professional Nursing Program Faculty and Staff. Specifically, the amendment to §22.293(7) (Definitions) updates the citation and title for Chapter 21, Subchapter B, which deals with residency. The amendments to §22.295 (Eligible Students) reflect state selective service registration requirements (Texas Education Code §51.9095) for receiving state aid.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of administering the sections will be an easier understanding of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §54.221, which provides the Coordinating Board with the authority to adopt rules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption; and §51.9095, which authorizes the Coordinating Board to adopt rules regarding student compliance with selective service registration.
The amendments affect Texas Education Code, §54.221.
§22.293.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (6) (No change.)
(7) Resident of Texas--a resident of the State of Texas
as determined in accordance with
Chapter 21, Subchapter B [Sections 21.21 - 21.27
], of this title (relating to Determination of Resident [
Determining Residence] Status and
Waiver Programs for Certain Nonresident Persons). Nonresident
students who are eligible to pay resident tuition rates are not residents
of Texas.
(8) - (9) (No change.)
§22.295.Eligible Students.
(a) To receive an award through the Exemption Program for Children of Professional Nursing Faculty and Staff, a student shall:
(1) - (4) (No change.)
(5) be enrolled at the same institution of higher education
at which the student's parent is currently employed or with which
the parent has contracted, either as a professional nursing faculty
or staff member; and[.]
(6) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802082
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
19 TAC §§22.303, 22.305, 22.306
The Texas Higher Education Coordinating Board proposes amendments to §§22.303, 22.305, and 22.306 concerning the Exemption Program for Clinical Preceptors and Their Children. Specifically, the amendment to §22.303(7) (Definitions) updates the citation and title for Chapter 21, Subchapter B, which deals with residency. Amendments to §22.305(4) (Eligible Preceptors) and §22.306(4) (Eligible Children) reflect state selective service registration requirements (Texas Education, §51.9095) for receiving state aid. In addition, §22.306(2) references the specific requirements that preceptors must meet for their children to qualify for the exemption.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance, has determined that for each year of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of administering the sections will be clarification of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules to effectuate the programs under its administration, and §51.9095, which authorizes the Coordinating Board to adopt rules regarding student compliance with selective service registration.
The amendments affect Texas Education Code, §54.222.
§22.303.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (6) (No change.)
(7) Resident of Texas--a resident of the State of Texas
as determined in accordance with Chapter 21, Subchapter B [
Sections 21.21 - 21.27] of this title (relating to Determination
of Resident Status and Waiver Programs for Certain Nonresident Persons
[Determining Residence Status
]). Nonresident students who are
eligible to pay resident tuition rates are not residents of Texas.
(8) - (9) (No change.)
§22.305.Eligible Preceptors.
To receive an exemption under this program, a preceptor must:
(1) - (2) (No change.)
(3) serve, on an average, at least one day per week under a written preceptor agreement with an undergraduate professional nursing program as a clinical preceptor for students enrolled in the program for:
(A) (No change.)
(B) the time period the program conducts clinicals
during a semester or other academic term that ended less than one
year prior to the beginning of the semester or term in which the exemption
is to be used; and[.]
(4) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.
§22.306.Eligible Children.
To receive an exemption under this program, a child must:
(1) (No change.)
(2) be the child of a clinical preceptor as described
in §22.305 (1) - (3) of this title (relating to Eligible
Preceptors) whether or not the preceptor is receiving or has received
an exemption based on the same period of service; [and]
(3) be enrolled as an undergraduate student
; and[.]
(4) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802083
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board proposes amendments to §22.315, concerning the Engineering Scholarship Program. Specifically, the amendments to §22.315 (Student Eligibility Requirements) reflects state selective service registration requirements (Texas Education Code, §51.9095) for receiving state aid.
Ms. Lois Hollis, Special Assistant to the Deputy Commissioner for Business and Finance has determined that for each year of the first five years the section is in effect there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.
Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarification of program requirements. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendments are proposed under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules to effectuate the programs under its administration, and §51.9095, which authorizes the Coordinating Board to adopt rules regarding student compliance with selective service registration.
The amendments affect Texas Education Code, §61.027.
§22.315.Student Eligibility Requirements.
(a) To qualify for an engineering scholarship, a person must:
(1) - (2) (No change.)
(3) enroll in an undergraduate engineering program
offered by a general academic teaching institution in Texas; [and]
(4) maintain an overall grade point average of at least
3.0 on a four-point scale at the institution in which the engineering
student is enrolled; and [.]
(5) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802084
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 24, 2008
For further information, please call: (512) 427-6114
Chapter 103. HEALTH AND SAFETY
Subchapter AA. COMMISSIONER'S RULES CONCERNING PHYSICAL FITNESS
The Texas Education Agency proposes new §103.1003, concerning student physical activity requirements and exemptions. The proposed new section would implement the requirements of the Texas Education Code (TEC), §28.002, as amended by Senate Bill (SB) 530, 80th Texas Legislature, 2007, which requires that school districts and open-enrollment charter schools require physical activity in Kindergarten-Grade 8 and allow for appropriate exemptions.
Through SB 530, the 80th Texas Legislature amended the TEC, §28.002, requiring school districts to ensure that students in Kindergarten-Grade 8 participate in moderate to vigorous physical activity for at least 30 minutes daily. The TEC, §28.002(l) and (l-1), authorize the commissioner of education to provide exemptions for alternative extracurricular and other structured activities to meet the physical activity requirement.
Proposed new 19 TAC Chapter 103, Health and Safety, Subchapter BB, Commissioner's Rules Concerning Physical Fitness, §103.1003, Student Physical Activity Requirements and Exemptions, would implement the TEC, §28.002(l) and (l-1), by specifying options for exemptions at the district level to meet the physical activity requirements in certain grade levels. The proposed new rule would include exemptions for health classifications, an extracurricular activity, a school-related activity, or an activity sponsored by a private league or club. The proposal would also provide a definition for structured activity.
Jeff Kloster, Associate Commissioner for Health and Safety, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new section.
Mr. Kloster has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section would be an increase in public awareness of quality physical education programs and an emphasis on the importance of community and school-based support of school health programming. The proposal would also strengthen physical education and physical activity programs to ensure health improvement among the student population, including a gradual reduction in childhood obesity and Type II diabetes. There is no anticipated economic cost to persons who are required to comply with the proposed new section.
There is no adverse economic impact to small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal begins May 2, 2008, and ends June 1, 2008. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register on May 2, 2008.
The new section is proposed under the Texas Education Code, §28.002(l) and (l-1), which authorize the commissioner of education to adopt rules to provide exemptions for alternative extracurricular and other structured activities to meet the physical activity requirement. Texas Education Code, §28.002(l), requires that school districts and open-enrollment charter schools require physical activity in Kindergarten-Grade 8 and allow for appropriate exemptions.
The new section implements the Texas Education Code, §28.002(l) and (l-1).
§103.1003.Student Physical Activity Requirements and Exemptions.
(a) In accordance with the Texas Education Code (TEC), §28.002(l), all students in Kindergarten-Grade 8 must participate in at least 30 minutes of moderate to vigorous daily physical activity subject only to the limitations or exemptions specified in this section.
(1) For a student enrolled in any grade level below Grade 6, the school district or open-enrollment charter school may require a student to participate in moderate or vigorous physical activity for at least 135 minutes during each school week as an alternative.
(2) A student in Grade 6, 7, or 8 must participate daily for at least four semesters during those grades.
(3) A school district or open-enrollment charter school that uses block scheduling may permit a student to participate in 225 minutes of physical activity over two weeks as an alternative.
(4) Each school district or open-enrollment charter school must allow an exemption from the physical activity requirement for a student with an illness or a disability using the health classifications defined in §74.31 of this title (relating to Health Classifications for Physical Education).
(b) Each school district or open-enrollment charter school must provide an exemption for a student on a middle or junior high school campus to participate in an extracurricular activity that has a moderate to vigorous physical activity component and meets the requirements for extracurricular activity as defined by §76.1001 of this title (relating to Extracurricular Activities) and is a structured activity as defined by subsection (d) of this section.
(c) A school district or open-enrollment charter school may allow an exemption for a student on a middle or junior high school campus participating in a school-related activity or an activity sponsored by a private league or club only if that activity meets each of the following requirements.
(1) The activity must be structured as defined in subsection (d) of this section.
(2) The school district's board of trustees or open-enrollment charter school board must certify the activity.
(3) The student must provide proof of participation in the activity.
(d) A structured activity as referenced in this section is defined as an activity that meets, at a minimum, each of the following requirements.
(1) The activity is based on the grade appropriate movement, physical activity and health, and social development strands of the essential knowledge and skills for physical education specified in Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education).
(2) The activity is organized and monitored by school personnel or by appropriately trained instructors who are part of a program that has been certified by the school district's board of trustees or open-enrollment charter school board.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2008.
TRD-200802068
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: June 1, 2008
For further information, please call: (512) 475-1497