Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 7. PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Subchapter A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board adopts the repeal of §§7.1 - 7.24 concerning Private and Out-of-State Public Postsecondary Educational Institutions Operating in Texas without changes to the proposed text as published in the March 21, 2008 issue of the Texas Register (33 TexReg 2431) and will not be republished. Specifically, this repeal will allow Board staff to combine provisions of Chapter 7 into a new chapter that will improve the processes private postsecondary educational institutions and out-of-state public postsecondary educational Institutions follow in order to operate in Texas.
There were no comments received regarding the repeal.
The repeal is adopted under the Texas Education Code, Chapter 61, Subchapter G, and Texas Education Code Chapter 132, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward degrees, and the use of certain terms.
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 May 7, 2008.
TRD-200802400
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board adopts new §§7.1 - 7.16, concerning Degree Granting Colleges and Universities Other Than Texas Public Institutions, with changes to §§7.3 - 7.6 of the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2432). Sections 7.1, 7.2 and 7.7 - 7.16 are being adopted without changes and will not republished.
Specifically, these new rules provide for a streamlining of the processes institutions wishing to operate in Texas need to complete to establish operations in the state. The language in the new sections intends to improve the understanding of the rules. There is also new clarifying language in §7.6 (relating to Recognition of Accrediting Agencies) on the standards for recognizing accrediting agencies. Other minor clarifying language changes are incorporated throughout the chapter.
The following comments were received regarding the new rules:
The following comments were received from Career College Association:
Comment: Recommends changes to §7.3(25) and §7.4(a)(3) regarding use of the words "home campus".
Response: Staff partially agreed, and made changes to §7.4(a)(3).
Comment: Recommends changes to §7.4(a) regarding the words "new institution".
Response: Staff agrees. Deleted "new".
Comment: Recommends removing the words "fully accredited" from §7.4(a)(3).
Response: Staff disagrees. Texas Education Code §61.303 states: "The provisions of this subchapter do not in any way apply to an institution which is fully accredited by a recognized accrediting agency. . . ." "Fully accredited" will stay in the rules.
Comment: Recommends changes to §7.5(3) and (4) regarding policy making and distinction of roles.
Response: Staff believes any changes made to these sections would be substantive changes. Staff will work with the various constituents to reword for July.
The following comments were received from ITT Educational Services:
Comment: Recommends definition for technical associate degree.
Response: Staff changed all references to "technical associate degree" to "applied associate degree".
Comment: Recommends adding "or §7.4 of this chapter (relating to Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas)".
Response: Staff agrees.
Comment: Recommends clarifying §7.3(19) Concurrent Instruction by striking the word "classes" from the definition.
Response: Staff agrees. "Classes" has been stricken.
Comment: Recommends changing §7.3(22) definition of "exempt institution".
Response: That change has been made.
Comment: Recommends changing the wording in §7.3(25) definition of Home Campus.
Response: Partial changes were made.
Comment: Recommends changes to §7.4(a) regarding the words "new institution".
Response: Staff agrees. Deleted "new".
Comment: Recommends changes to §7.5(a) regarding Standards for Operation of Institutions.
Response: Staff agrees, and changes are reflected in the supplemental documents.
Comment: Recommends changes to §7.5(3) and (4) regarding Policy Making and Distinction of Roles.
Response: Staff believes any changes made to these sections would be substantive changes. Staff will work with the various constituents to reword for July.
Comment: Recommends changes to §7.6(a) relating to Recognition of Accrediting Agencies. Asks to have this sentence revised to read, "The Texas Higher Education Coordinating Board may will recognize accrediting agencies. . . ."
Response: Staff disagrees. There is no guarantee that every agency that applies will gain recognition.
Comment: Recommends changes to §7.6(a)(1)(E)(i), (a)(2)(A)(iv) and (a)(2)(C) regarding time limits for submitting information to the THECB.
Response: Staff disagrees with extending the time limit from ten days to thirty days.
Comment: Recommends changes to §7.6(a)(1)(F), regarding site visits to institutions the agency accredits.
Response: Staff disagrees. Information about how site visits are carried out is integral to the application process.
Comment: Recommends changes to §7.6(a)(2)(A)(i) regarding publicly disclosed standards.
Response: Staff agrees, and changes are reflected in the supplemental documents.
Comment: Recommends changes to §7.7(k)(2) regarding duty to report, stating reporting requirements are "overly burdensome".
Response: Staff disagrees. Informing the Coordinating Board when major faculty changes occur is not overly burdensome.
The following comments were received from Accrediting Commission of Career Schools and Colleges of Technology:
Comment: Recommends changes to §7.5 (relating to Standards for Operations of Institutions) by deleting the words "substantially similar", and deleting references to academic and professional societies.
Response: Staff agrees, and changes are reflected in the supplemental documents.
Comment: Recommends changes to §7.5(3) and (4) regarding policy making and distinction of roles.
Response: Staff believes any changes made to these sections would be substantive changes. Staff will work with the various constituents to reword for July.
Comment: Recommends changes to §7.5(9) regarding administrative resources.
Response: Staff agrees. Changes are reflected in the supporting documents.
Comment: Recommends changes to §7.5(10)(A) regarding student admission and remediation.
Response: Staff disagrees and believes current language is appropriate.
Comment: Recommends changes to §7.6(a)(1)(A) regarding recognition of accrediting agencies and the scope of recognition from the Department of Education.
Response: Staff agrees, and changes are reflected in the supplemental documents.
Comment: Recommends changes to §7.6(a)(1)(E)(ii) regarding the requirement to report number of degrees awarded and number of students enrolled each fall.
Response: Staff will consider this change for July.
Comment: Recommends changes to §7.6(a)(2)(A)(i) regarding publicly disclosed standards.
Response: Staff agrees, and changes are reflected in the supplemental documents.
The following comments were received from Accrediting Council for Independent Colleges and Schools:
Comment: Recommends changes to §7.6(a)(2)(A)(i) regarding publicly disclosed standards.
Response: Staff agrees, and changes are reflected in the supplemental documents.
The following comments were received from Career Colleges and Schools of Texas:
Comment: Recommends changes to §7.4(b) regarding Obtaining a Certificate of Authorization or a Certificate of Authority to operate in Texas.
Response: Staff agrees. The suggested language clarifies §7.4(b). Changes are reflected in the supplemental documents.
Comment: Recommends changes to §7.5(2)(B) regarding Qualifications of Institutional Officers, saying the statement "preferably an earned doctorate" should be replaced in order to better match the standards of all accreditors.
Response: Staff disagrees. By saying "preferably", the institutions are given leeway.
Comment: Recommends changes to §7.5(3) and (4) regarding policy making and distinction of roles.
Response: Staff believes any changes made to these sections would be substantive changes. Staff will work with the various constituents to reword for July.
Comment: Recommends changes to §7.5(9) regarding administrative resources.
Response: Staff agrees. Changes are reflected in the supporting documents.
Comment: Recommends changes to §7.5(10)(A) and (B) regarding Student Admission and Remediation, saying the requirements are "too specific to Texas".
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends rewriting §7.5(11) regarding Faculty Qualifications, saying the section is "too prescriptive".
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends striking §7.5(13), relating to Academic Freedom and Faculty Security.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changes to §7.5(14)(A), regarding the offering of for-credit coursework that does not directly relate to degrees, saying the 25% limit in Board rule is "too prescriptive".
Response: Staff disagrees. The 25% limit is generous.
Comment: Recommends changing §7.5(14)(B) regarding hour limits on programs.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends striking §7.5(15)(C)(ii), saying there is no need for a written agreement if another institution provides general education.
Response: Staff disagrees. A written agreement protects the student and the institution(s).
Comment: States that §7.5(16)(A) regarding Credit for Work Completed Outside a Collegiate Setting doesn't apply to all schools.
Response: Staff agrees, but it will apply to some.
Comment: Recommends changes to §7.5(19)(A) and (B) regarding Academic Records, stating that ". . . records. . . shall be securely and permanently maintained" is too prescriptive.
Response: Staff disagrees. Electronic recordkeeping eases the recordkeeping burden.
Comment: Recommends a change to §7.5(20)(B) and (20)(B)(xvi) regarding electronic catalogs.
Response: Staff agrees. Changes are reflected in the supporting documents.
Comment: Section 7.5(22), relating to Student Rights and Responsibilities, states students "may contact the Board and/or Attorney General to file a complaint about the institution if all other avenues have been exhausted". The commenter further stated that "there should not be a requirement to include the Attorney General as a place to file a complaint".
Response: Staff disagrees. There may be instances when the Coordinating Board cannot remedy the situation and the Attorney General's office would be the next step.
Comment: Recommends replacing the language in §7.5(23) relating to Health and Safety.
Response: Staff disagrees and believes that the current language is clear.
Comment: Recommends moving §7.5(24) relating to reporting.
Response: Staff agrees. The change is reflected in the supporting documents.
Comment: Recommends changes to §7.6(a)(1)(E)(ii) regarding the requirement to report number of degrees awarded and number of students enrolled each fall.
Response: Staff will consider this change for July.
Comment: Suggests that §7.7, relating to Certificate of Authority and §7.8, relating to Alternative Certificates of Authority "should both apply to the pursuit of only academic associate's degrees, bachelor's degrees or above and not Applied Associate degrees, given that §7.9 provides for the offering of AAS degrees by a non-exempt institution".
Response: That was the intention. If clarification is necessary it will be brought forward in July.
Comment: Suggests striking "assembled a governing board" from §7.7(f)(2) relating to Eligibility to Apply.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Suggests changing §7.8(1)(D) relating to Alternative Certificate of Authority, raising the amount of the minimum surety bond from $5,000 to $25,000.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends adding language about Associate of Occupational Science degrees.
Response: Staff considers this to be a substantive change, and will consider for July.
The following comments were received from Virginia College at Austin:
Comment: Recommends changes to §7.3(10) and (25) regarding the definition of "home campus" and "branch campus".
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changes to §7.3(11) regarding the definition of "Career school or college".
Response: One clarifying change was made, but staff believes the definition should stand.
Comment: Recommends changes to §7.3(22) regarding the definition of "Exempt institution".
Response: Staff believes definition is clear.
Comment: Recommends changes to §7.4(a) regarding the words "new institution".
Response: Staff agrees. Deleted "new".
Comment: Recommends changes to §7.5 relating to Standards for Operation of Institutions.
Response: Staff agrees. The change is reflected in the supporting documents.
Comment: Recommends changes to §7.5(2)(B) regarding Qualifications of Institutional Officers, saying the statement "preferably an earned doctorate" should be replaced in order to better match the standards of all accreditors.
Response: Staff disagrees. By saying "preferably", the institutions are given leeway.
Comment: Recommends changes to §7.5(3) regarding policy making.
Response: Staff believes any changes made would be substantive changes. Staff will work with the various constituents to reword for July.
Comment: Recommends rewriting §7.5(11) regarding Faculty Qualifications, saying the section is "too prescriptive".
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changes to §7.5(11) relating to Faculty Size, saying the requirements are "too prescriptive".
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changing §7.5(14)(B) regarding hour limits on programs.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changes to §7.5(22), relating to Student Rights and Responsibilities, which states students "may contact the Board and/or Attorney General to file a complaint about the institution if all other avenues have been exhausted". The commenter further stated that "there should not be a requirement to include the Attorney General as a place to file a complaint".
Response: Staff disagrees. There may be instances when the Coordinating Board cannot remedy the situation and the Attorney General's office would be the next step.
Comment: Recommends changes to §7.6(a)(1)(E)(ii) regarding the requirement to report number of degrees awarded and number of students enrolled each fall.
Response: Staff will consider this change for July.
Comment: Recommends changes to §7.6(a)(1)(D)(i) relating to site visits.
Response: Staff agrees. The change is reflected in the supporting documents.
Comment: Recommends changes to §7.6(a)(1)(F) relating to resources.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changes to §7.6(a)(2)(A)(i) regarding publicly disclosed standards.
Response: Staff agrees, and changes are reflected in the supplemental documents.
The following comments were received from Accrediting Bureau of Health Education Schools:
Comment: Recommends changes to §7.6 relating to Recognition of Accrediting Agencies and suggests that the criteria listed in that section be more in line with Department of Education standards.
Response: Staff agrees. While these changes aren't yet reflected in the rules, the Department of Education standards have been incorporated into the information sent with the application for recognition of accrediting agencies.
The following comments were received from Texas Nurses Association:
Comment: Recommends changes to §7.5 relating to Standards for Operation of Institutions. The TNA requests that "applied associate degree programs leading to required state or national licensure meet the same qualifications as required for academic associate degree programs". Specifically, under §7.5(15)(A) (relating to general education hours) that applied associate degree programs leading to required state or national licensure contain 20 semester credit hours of general education courses. Also, under §7.5(20)(D) (relating to accurate and fair representation), that institutions provide information on graduation and pass rates and transferability of credit for applied associate degree programs leading to required state or national licensure.
Response: Staff considers this to be a substantive change, and will consider for July.
Comment: Recommends changes to §7.9(r)(2)(A) regarding institutional effectiveness, requiring career schools and colleges to demonstrate that "for those occupations where state or national licensure, certification, or other credentialing examinations exist, at least ninety (90) percent of program graduates pass the credentialing examination". TNA suggests this be applied to all associate degree programs leading to state or national licensure.
Response: Staff considers this to be a substantive change, and will consider for July.
The new sections are adopted under the Texas Education Code, Chapter 61, Subchapter G, and Texas Education Code Chapter 132, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward degrees, and the use of certain terms.
§7.3.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Academic associate degree program--A grouping of courses designed to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts and the associate of science degrees.
(2) Accreditation--The status of public recognition that a recognized an accrediting agency grants to an educational institution.
(3) Accrediting agency--A legal entity that conducts accreditation activities through voluntary peer review and makes decisions concerning the accreditation status of institutions.
(4) Agent--A person employed by or representing a postsecondary educational institution in an official capacity within or without Texas who:
(A) solicits any Texas student for enrollment in the institution;
(B) solicits or accepts payment from any Texas student for any service offered by the institution; or
(C) while having a physical presence in Texas, solicits students or accepts payment from students who do not reside in Texas.
(5) Alternative Certificate of Authority--A type of certificate of authority for approval of postsecondary institutions, with operations in the state of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees that is governed by flexible, streamlined procedures, emphasizing the importance of innovation, consumer choice, and measurable outcomes in the delivery of educational services.
(6) Applied associate degree program--A grouping of courses designed to lead the individual directly to employment in a specific career and that includes at least fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of general education courses. This specifically refers to the associate of applied arts and the associate of applied science degrees.
(7) Associate degree program--A grouping of courses designed to lead the individual directly to employment in a specific career, or to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts, the associate of science, the associate of applied arts and the associate of applied science.
(8) Board--The Texas Higher Education Coordinating Board.
(9) Board staff--The staff of the Texas Higher Education Coordinating Board including the Commissioner of Higher Education and all employees who report to the Commissioner.
(10) Branch campus, extension center, or other off-campus unit--Any institution or part of an institution offering or proposing to offer away from the home campus more than occasional courses or courses leading to the granting of a degree without the necessity for courses to be taken at the main campus.
(11) Career school or college--Any business enterprise operated for a profit, or on a nonprofit basis, that maintains a place of business in the State of Texas or solicits business within the State of Texas, and that is not specifically exempted by Texas Education Code §132.002 or §7.4 of this chapter (relating to Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas), and:
(A) That offers or maintains a course or courses of instruction or study; or
(B) At which place of business such a course or courses of instruction or study is available through classroom instruction, by electronic media, by correspondence, or by some or all, to a person for the purpose of training or preparing the person for a field of endeavor in a business, trade, technical, or industrial occupation, or for career or personal improvement.
(12) Certificate of Approval--The Texas Workforce Commission's approval of career schools or colleges with operations in Texas to maintain, advertise, solicit for, or conduct any program of instruction in this state.
(13) Certificate of authority--The Board's approval of postsecondary institutions, (other than exempt institutions) with operations in the state of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees.
(14) Certificate of authorization--The Board's acknowledgment that an institution is qualified for an exemption from the regulations herein.
(15) Change of ownership or control--Any change in ownership or control of a career school or college or an agreement to transfer control of such institution.
(A) The ownership or control of a career school or college is considered to have changed:
(i) In the case of ownership by an individual, when more than fifty (50) percent of the institution has been sold or transferred;
(ii) In the case of ownership by a partnership or a corporation, when more than fifty (50) percent of the institution or of the owning partnership or corporation has been sold or transferred; or
(iii) When the board of directors, officers, shareholders, or similar governing body has been changed to such an extent as to significantly alter the management and control of the institution.
(B) A change of ownership or control does not include a transfer that occurs as a result of the retirement or death of the owner if transfer is to a member of the owner's family who has been directly and constantly involved in the management of the institution for a minimum of two years preceding the transfer. For the purposes of this section, a member of the owner's family is a parent, sibling, spouse, or child; spouse's parent or sibling; or sibling's or child's spouse.
(16) Cited--Any reference to an institution in a negative finding or action by an accrediting agency.
(17) Classification of Instructional Programs (CIP) Code--The four (4)- or six (6)-digit code assigned to an approved associate degree program in accordance with the CIP manual published by the U.S. Department of Education, National Center for Education Statistics. CIP codes define the authorized teaching field of the specified degree program, based upon the occupation(s) for which the program is designed to prepare its graduates.
(18)Commissioner--The Commissioner of Higher Education.
(19) Concurrent Instruction--Students enrolled in different classes, courses, and/or subjects being taught, monitored, or supervised simultaneously by a single faculty member.
(20) Degree--Any title or designation, mark, abbreviation, appellation, or series of letters or words, including "associate", "bachelor's", "master's", "doctor's" and their equivalents and foreign cognates, which signify, purport to signify, or are generally taken to signify satisfactory completion of the requirements of all or part of a program of study which is generally regarded and accepted as an academic degree-level program by accrediting agencies recognized by the Board.
(21) Educational or training establishment--An enterprise offering a course of instruction, education, or training that is not represented as being applicable to a degree.
(22) Exempt institution--An institution that is accredited by an agency recognized by the Board under §7.2 of this chapter (relating to Authority) or a career school or college that applies for and is declared exempt under this chapter, by the Texas Workforce Commission as described in Texas Education Code, §61.003(8), or Texas Education Code Chapter 132, respectively. Exempt institutions may still have to comply with certain Board rules.
(23) Fictitious degree--A counterfeit or forged degree or a degree that has been revoked.
(24) Fraudulent or substandard degree--A degree conferred by a person who, at the time the degree was conferred, was:
(A) operating in this state in violation of this subchapter;
(B) not eligible to receive a certificate of authority under this subchapter and was operating in another state in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing or without accreditation by a recognized accrediting agency, if the degree is not approved through the review process described by §7.14 of this chapter (relating to Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority); or
(C) not eligible to receive a certificate of authority under this subchapter and was operating outside the United States, and whose degree the Board, through the review process described by §7.14 of this chapter, determines is not the equivalent of an accredited or authorized degree.
(25) Home campus--The headquarters of an institution, such location to be determined as a matter of fact by the Commissioner based upon consideration of information such as, but not limited to the following:
(A) where the institution is chartered;
(B) the site, campus or city where the principal or chief executive's offices are located;
(C) the site, campus or city where the institution conducts the preponderance of its instructional activities; and
(D) any other pertinent and material facts.
(26) Occasional courses--Courses offered not more than twice at any given location in the state.
(27) Out-of-state public postsecondary institution--Any senior college, university, technical institute, junior or community college, or the equivalent which is controlled by a public body organized outside the boundaries of the State of Texas.
(28) Person--Any individual, firm, partnership, association, corporation, enterprise, or other private entity or any combination thereof.
(29) Postsecondary educational institution--An educational institution which:
(A) is not a public community college, public technical college, public senior college or university, medical or dental unit or other agency as defined in Texas Education Code §61.003;
(B) is incorporated under the laws of this state, or maintains a place of business in this state, or has an agent or representative present in this state, or solicits business in this state; and
(C) furnishes or offers to furnish courses of instruction in person, by electronic media, by correspondence, or by some means or all leading to a degree; provides or offers to provide credits alleged to be applicable to a degree; or represents that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term.
(30) Private Postsecondary Educational Institution--An institution which:
(A) is not an institution of higher education as defined by Texas Education Code §61.003;
(B) is incorporated under the laws of this state, maintains a place of business in this state, has a representative present in this state, or solicits business in this state; and
(C) furnishes or offers to furnish courses of instruction in person, by electronic media, or by correspondence leading to a degree or providing credits alleged to be applied to a degree.
(31) Program or Program of study--Any course or grouping of courses which are represented as entitling a student to a degree or to credits applicable to a degree.
(32) Protected term--The term "college," "university," "school of medicine," "medical school," "health science center," "school of law," "law school," or "law center," its abbreviation, foreign cognate or equivalents.
(33) Recognized accrediting agency--Any accrediting agency the standards of accreditation or membership for which have been found by the Board to be sufficiently comprehensive and rigorous to qualify its institutional members for an exemption from the operation of this chapter.
(34) Representative--A person who acts on behalf of an institution regulated under this subchapter. The term includes, without limitation, recruiters, agents, tutors, counselors, business agents, instructors, and any other instructional or support personnel.
(35) Required state or national licensure--The requirement for graduates of certain professional programs to obtain a license from state or national entities for entry-level practice.
§7.4.Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas.
(a) A institution must request and be granted a certificate of authority, an alternative certificate of authority, or a certificate of authorization by the Commissioner before it can offer to award degrees or courses leading to degrees. The Commissioner may issue a certificate of authorization to grant degrees to an institution, upon the institution's request and demonstration that it qualifies for an exemption under this subsection. The exemptions provided by this subsection apply only to the degree level for which the programs or the institution is accredited or approved, as applicable, and if an institution offers to award a degree at a level for which it is not accredited or approved by the appropriate agency of the State of Texas, the exemption does not apply. Upon issuance of a certificate of authorization as an exempt institution, the provisions of this chapter, with the exception of §§7.15 - 7.17 of this chapter do not apply to following types of postsecondary institutions:
(1) Schools or colleges that do not award degrees or offer courses leading to degrees. However, such institutions are subject to the rules of the Texas Workforce Commission Pursuant to Chapter 132 of the Texas Education Code concerning career schools and colleges.
(2) A branch campus, extension center, or other off-campus unit operated by a private or independent Texas postsecondary institution as defined by Texas Education Code, §61.003.
(3) The home campus, headquarters, or Texas location(s) of an institution which have been fully accredited by a Board-recognized accrediting agency.
(4) An institution or degree program that has received approval by an agency of the State of Texas authorizing the graduates of the institution to take a state licensing examination administered by that agency. The granting of permission by a state agency to a graduate of an institution to take a licensing examination does not by itself constitute approval of the institution or degree program required for an exemption under this subsection.
(b) Institutions holding a Certificate of Approval from the Texas Workforce Commission to operate as a Career School or College and are not exempt under this chapter may be able to obtain a Certificate of Authority to award associate degrees under §7.9 of this chapter (relating to Certificate of Authority for Career Schools and Colleges). All other non-exempt institutions must use either §7.7 or §7.8 of this chapter.
(c) The home campus of an institution that is not exempt under the provisions of subsection (a) of this section may obtain a certificate of authority under either §7.7 of this chapter (relating to Certificate of Authority) or an alternative certificate of authority under §7.8 (relating to Alternative Certificates of Authority).
(d) Branch campuses of out-of-state public institutions must obtain a certificate of authority as outlined in §7.10 of this chapter (relating to Operation of Branch Campuses, Extension Centers, or Other Off-Campus Units by Exempt Institutions).
(e) Agents of an institution that is not exempt under the provisions of subsection (a) of this section, or operating with an alternative certificate of authority as provided by §7.8 of this chapter, must register with the Board as provided by §7.11 of this chapter (relating to Registration of Agents).
(f) A substantive change in the conditions under which an institution was granted a certificate of authority, an alternative certificate of authority or an exemption (certificate of authorization) must be reported in accordance with §7.12 of this chapter (relating to Occasional Courses, Changes of Level of Instruction, Changes of Ownership, and Other Substantive Changes). An accredited institution that is exempt under subsection (a)(3) of this section continues in that status so long as it maintains accreditation by a recognized accrediting agency.
(g) An institution offering only religious degrees may request a certificate of authorization affirming exempt status.
(h) Revocation of an exemption.
(1) If the Commissioner receives credible evidence that an institution is no longer qualified for an exemption, the institution shall be notified that its exempt status is revoked, and that the institution is subject to the requirements of Texas Education Code, Chapter 61 or Chapter 132 as appropriate, and this chapter.
(2) Upon receipt of the notice of revocation, the institution must cease granting or awarding degrees in Texas until it has either been granted a certificate of authority to grant degrees, or has received a determination that it did not lose its qualification for an exemption.
(3) Within ten (10) days of its receipt of the Commissioner's notice, the institution must respond and offer proof of its continued qualification for the exemption.
(4) After reviewing the evidence, the Commissioner will issue a notice of determination, which in the case of an adverse determination, shall contain information regarding the reasons for the denial, and the institution's right to a hearing.
(5) If a determination under this section is adverse to an institution, it shall become final and binding unless, within forty-five (45) days of its receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).
§7.5.Standards for Operation of Institutions.
All institutions that operate within the State of Texas are expected to meet the following standards. Standard (2) relating to Qualifications of Institutional Officers and Standard (3) relating to Policy Making do not apply to branch campuses operating under §7.10 of this chapter (relating to Operation of Branch Campuses, Extension Centers or Other Off-Campus Units, Occasional Courses and Changes in Level). These standards will be enforced through the certificate of authority process or the alternative certificate of authority process. Standards addressing the same principles will be enforced by recognized accrediting agencies. Particular attention will be paid to the institution's commitment to education, responsiveness to recommendations and suggestions for improvement, and, in the case of a renewal of a certificate of authority, record of improvement and progress. These standards represent generally accepted administrative and academic practices and principles of accredited postsecondary institutions in Texas. Such practices and principles are generally set forth by institutional and specialized accrediting bodies and the academic and professional organizations which have established standards for their members' programs.
(1) Legal Compliance. The institution shall be maintained and operated in compliance with all applicable ordinances and laws, including the rules and regulations adopted to administer those ordinances and laws. Career Schools and Colleges also shall demonstrate compliance with Texas Education Code, Chapter 132 by supplying a copy of a certificate of approval to operate a career school or college or a letter of exemption from the Texas Workforce Commission.
(2) Qualifications of Institutional Officers.
(A) The character, education, and experience in higher education of governing board administrators, supervisors, counselors, agents, and other institutional officers shall reasonably ensure that the institution can maintain the standards of the Board and progress to accreditation within the time limits set by the Board.
(B) The chief academic officer shall hold an earned advanced degree appropriate for the mission of the institution, preferably, an earned doctorate awarded by an institution accredited by a recognized accrediting agency, and shall demonstrate sound aptitude for and experience with curriculum development and assessment; accreditation standards and processes as well as all relevant state regulations; leadership and development of faculty, including the promotion of scholarship, research, service, academic freedom and responsibility, and tenure (where applicable); and the promotion of student success.
(C) In the case of a renewal of a certificate of authority, the institutional officers also shall demonstrate a record of effective leadership in administering the institution.
(3) Policy Making. Governing Board. The institution shall have a governing body consisting of at least three (3) people. The institution's governing board shall be an active policy-making body, focused on promoting the mission of the institution, and shall exercise its authority to ensure that the mission of the institution is carried out. Members of the policy-making body shall represent the interests of all of the institution's constituencies of the institution who are essential to carrying out the mission including the faculty, students, and staff.
(4) Distinction of Roles. There shall be sufficient distinction among the roles and personnel of the policy-making body of the institution, the administration, and faculty to ensure their appropriate separation and independence.
(5) Financial Resources and Stability. The institution shall have adequate financial resources and financial stability to provide education of good quality and to be able to fulfill its commitments to students. The institution shall have sufficient reserves, line of credit, or surety instrument so that, together with tuition and fees, it would be able to complete its educational obligations to currently enrolled students if it were unable to admit any new students.
(6) Financial Records. Financial records and reports of the institution shall be kept and made separate and distinct from those of any affiliated or sponsoring person or entity. Financial records and reports at a not-for-profit institution shall be kept in accordance with the guidelines of the National Association of College and University Business Officers as set forth in College and University Business Administration (Sixth Edition), or such later editions as may be published. An annual independent audit of all fiscal accounts of the educational institution shall be authorized by the governing board and shall be performed by a properly authorized certified public accountant.
(7) Institutional Assessment. Continual and effective assessment, planning, and evaluation of all aspects of the institution shall be conducted to advance and improve the institution. These aspects include, but are not limited to, the academic program of teaching, research, and public service; administration; financial planning and control; student services; facilities and equipment, and auxiliary enterprises.
(8) Institutional Evaluation.
(A) The institution shall establish adequate procedures for planning and evaluation, define in measurable terms its expected educational results, and describe how those results will be achieved.
(B) For applied associate degree programs, the evaluation criteria shall include the following: mission, labor market need, curriculum, enrollment, graduates, student placement, follow-up results, ability to finance each program of study, facilities and equipment, instructional practices, student services, public and private linkages, qualifications of faculty and administrative personnel, and success of its students.
(9) Administrative Resources. The institution has the administrative capacity to meet the daily needs of the administration, faculty and students, including facilities, laboratories, equipment, technology and learning resources that support the institution's mission and programs.
(10) Student Admission and Remediation.
(A) Upon the admission of a student to any undergraduate program, the institution shall document the student's level of preparation to undertake college level work by obtaining proof of the student's high school graduation or General Educational Development (GED) certification. If a GED is presented, to be valid, the score must be at or above the passing level set by the Texas Education Agency. The academic skills of each entering student may be assessed with an instrument of the institution's choice. The institution may provide an effective program of remediation for students diagnosed with deficiencies in their preparation for collegiate study.
(B) Upon the admission of a student to any graduate program, the institution shall document that the student is prepared to undertake graduate-level work by obtaining proof that the student holds a baccalaureate degree from an institution accredited by a recognized accrediting agency, or an institution holding a certificate of authority to offer baccalaureate degrees under the provisions of this chapter, or a degree from a foreign institution equivalent to a baccalaureate degree from an accredited institution. The procedures used by the institution for establishing the equivalency of a foreign degree shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials or its successor.
(11) Faculty Qualifications. The character, education, and experience in higher education of the faculty shall be such as may reasonably ensure that the students will receive an education consistent with the objectives of the course or program of study.
(A) Each faculty member, except as provided by subparagraph (E) of this paragraph, teaching in an academic associate, applied associate leading to required state or national licensure, or baccalaureate level degree program shall have at least a master's degree from an institution accredited by a recognized agency with at least eighteen (18) graduate semester credit hours in the discipline, or closely related discipline, being taught.
(B) Each faculty member except, as provided by subparagraph (E) of this paragraph, teaching career and technical courses in an applied associate degree program, or career and technical courses that academic associate or baccalaureate students may choose to take, shall have at least an associate degree in the discipline being taught from an institution accredited by a recognized agency and or at least three (3) years of full-time direct or closely related experience in the discipline being taught.
(C) Each faculty member, except as provided by subparagraph (E) of this paragraph, teaching general education courses in an applied associate degree program shall have at least a baccalaureate degree from an institution accredited by a recognized accrediting agency with at least eighteen (18) graduate semester credit hours in the discipline, or closely related discipline, being taught.
(D) Except as provided by subparagraph (E) of this paragraph, graduate-level degree programs shall be taught by faculty holding doctorates, or other degrees generally recognized as the highest attainable in the discipline, or closely related discipline, awarded by institutions accredited by an agency recognized by the Board.
(E) With the approval of a majority of the institution's governing board, an individual with exceptional experience in the field of appointment, which may include direct and relevant work experience, professional licensure and certification, honors and awards, continuous documented excellence in teaching, or other demonstrated competencies and achievements, may serve as a faculty member without the degree credentials specified above. Such appointments shall be limited and the justification for each such appointment shall be fully documented. The Board may review the qualifications of the full complement of faculty providing instruction at the institution to verify that such appointments are justified.
(12) Faculty Size. There shall be a sufficient number of faculty holding full-time teaching appointments that are accessible to the students to ensure continuity and stability of the education program, adequate educational association between students and faculty and among the faculty members, and adequate opportunity for proper preparation for instruction and professional growth by faculty members. At the associate and baccalaureate levels, there shall be at least one (1) full-time faculty member in each program. At the graduate level, there shall be at least two (2) full-time faculty members in each program.
(13) Academic Freedom and Faculty Security. The institution shall adopt, adhere to, and distribute to all members of the faculty a statement of academic freedom assuring freedom in teaching, research, and publication. All policies and procedures concerning promotion, tenure, and non-renewal or termination of appointments, including for cause, shall be clearly stated and published in a faculty handbook, adhered to by the institution, and supplied to all faculty. The specific terms and conditions of employment of each faculty member shall be clearly described in a written document to be given to that faculty member, with a copy to be retained by the institution.
(14) Curriculum
(A) The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution and shall be such that the institution may reasonably and adequately achieve the stated objectives of the course or program. Each program shall adequately cover the breadth of knowledge of the discipline taught and coursework must build on the knowledge of previous courses to increase the rigor of instruction and the learning of students in the discipline. A majority of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution. An institution may offer for-credit coursework that does not directly relate to approved programs, provided that it does not exceed twenty-five (25) percent of all courses.
(B) Academic associate degrees and applied associate degrees must consist of at least sixty (60) semester credit hours or ninety (90) quarter credit hours and not more than 66 semester credit hours or 99 quarter credit hours. A baccalaureate degree must consist of at least one hundred twenty (120) semester credit hours or one hundred eighty (180) quarter credit hours and not more than one hundred thirty-nine (139) semester credit hours or two hundred eight (208) quarter credit hours. A master's degree must consist of at least thirty (30) semester credit hours or forty-five (45) quarter credit hours and not more than thirty-six (36) semester credit hours or fifty-four (54) quarter credit hours of graduate level work past the baccalaureate degree.
(C) Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs, and leveling courses for graduate programs, shall not count toward requirements for completion of the degree.
(D) The degree level, degree designation, and the designation of the major course of study shall be appropriate to the curriculum offered and shall be accurately listed on the student's diploma and transcript.
(15) General Education.
(A) Each academic associate degree program shall contain a general education component consisting of at least twenty (20) semester credit hours or thirty (30) quarter credit hours. Each applied associate degree program shall contain a general education component of at least fifteen (15) semester credit hours or twenty-three (23) quarter credit hours. Each baccalaureate degree program shall contain a general education component consisting of at least twenty-five (25) percent of the total hours required for graduation from the program.
(B) This component shall be drawn from each of the following areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural Sciences and Mathematics. It shall include courses to develop skills in written and oral communication and basic computer instruction.
(C) The applicant institution may arrange to have all or part of the general education component taught by another institution, provided that:
(i) the applicant institution's faculty shall design the general education requirement;
(ii) there shall be a written agreement between the institutions specifying the applicant institutions' general education requirements and the manner in which they will be met by the providing institution; and
(iii) the providing institution shall be accredited by a recognized accrediting agency or hold a certificate of authority.
(16) Credit for Work Completed Outside a Collegiate Setting.
(A) An institution awarding collegiate credit for work completed outside a collegiate setting (outside a degree-granting institution accredited by a recognized agency) shall establish and adhere to a systematic method for evaluating that work, shall award credit only in course content which falls within the authorized degree programs of the institution or, if by evaluative examination, falls within the standards for awarding credit by exam used by public universities in Texas, in an appropriate manner shall relate the credit to the student's current educational goals, and shall subject the institution's process and procedures for evaluating work completed outside a collegiate setting to ongoing review and evaluation by the institution's teaching faculty. To these ends, recognized evaluative examinations such as the Advanced Placement program (AP) or the College Level Examination Program (CLEP) may be used.
(B) No more than one half of the credit applied toward a student's associate or baccalaureate degree program may be based on work completed outside a collegiate setting. Those credits must be validated in the manner set forth in subparagraph (A) of this paragraph. No more than fifteen (15) semester credit hours or twenty-three (23) quarter credit hours of that credit may be awarded by means other than recognized evaluative examinations. No graduate credit for work completed outside a collegiate setting may be awarded. In no instance may credit be awarded for life experience per se or merely for years of service in a position or job.
(17) Learning Resources. The institution shall maintain and ensure that students have access to learning resources with a collection of books, educational material and publications, on-line materials and other resources and with staff, services, equipment, and facilities that are adequate and appropriate for the purposes and enrollment of the institution. Learning resources shall be current, well distributed among fields in which the institution offers instructions, cataloged, logically organized, and readily located. The institution shall maintain a continuous plan for learning resources development and support, including objectives and selections of materials. Current and formal written agreements with other institutions or with other entities may be used. Institutions offering graduate work shall provide access to learning resources that include basic reference and bibliographic works and major journals in each discipline in which the graduate program is offered. Applied associate degree programs shall provide adequate and appropriate resources for completion of course work.
(18) Facilities. The institution shall have adequate space, equipment, and instructional materials to provide education of good quality. Student housing owned, maintained, or approved by the institution, if any, shall be appropriate, safe, adequate, and in compliance with applicable state and local requirements.
(19) Academic Records. Adequate records of each student's academic performance shall be securely and permanently maintained by the institution.
(A) The records for each student shall contain:
(i) student contact and identification information, including address and telephone number;
(ii) records of admission documents, such as high school diploma or GED (if undergraduate) or undergraduate degree (if graduate);
(iii) records of all courses attempted, including grade; completion status of the student, including the diploma, degree or award conferred to the student; and
(iv) any other information typically contained in academic records.
(B) Two copies of said records shall be maintained in secure places.
(C) Transcripts shall be provided upon request by a student, subject to the institution's obligation, if any, to cooperate with the rules and regulations governing state and federally guaranteed student loans.
(20) Accurate and Fair Representation in Publications, Advertising, and Promotion.
(A) Neither the institution nor its agents or other representatives shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type which are false, deceptive, misleading, or unfair. Likewise, all publications, by any medium, shall accurately and fairly represent the institution, its programs, available resources, tuition and fees, and requirements.
(B) The institution shall provide students, prospective students prior to enrollment, and other interested persons with a printed or electronically published catalog. Institutions relying on electronic catalogs must ensure the availability of archived editions in order to serve the needs of alumni and returning students. The catalog must contain, at minimum, the following information:
(i) the institution's mission;
(ii) a statement of admissions policies;
(iii) information describing the purpose, length, and objectives of the program or programs offered by the institution;
(iv) the schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study;
(v) cancellation and refund policies;
(vi) a definition of the unit of credit as it applies at the institution;
(vii) an explanation of satisfactory progress as it applies at the institution, including an explanation of the grading or marking system;
(viii) the institution's calendar, including the beginning and ending dates for each instructional term, holidays, and registration dates;
(ix) a complete listing of each regularly employed faculty member showing name, area of assignment, rank, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;
(x) a complete listing of each administrator showing name, title, area of assignment, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;
(xi) a statement of legal control with the names of the trustees, directors, and officers of the corporation;
(xii) a complete listing of all scholarships offered, if any;
(xiii) a statement describing the nature and extent of available student services;
(xiv) complete and clearly stated information about the transferability of credit to other postsecondary institutions including two-year and four-year colleges and universities;
(xv) any such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein; and
(xvi) any disclosures specified by the Board or defined in Board rules. Institutions relying on electronic catalogs must ensure the availability of archived editions in order to serve the needs of alumni and returning students.
(C) The institution shall adopt, publish, and adhere to a fair and equitable cancellation and refund policy.
(D) The institution shall provide to each prospective student, newly-enrolled student, and returning student, complete and clearly presented information indicating the institution's current graduation rate by program and, if required by the Board, job placement rate by program for applied associate degree programs.
(E) Any special requirements or limitations of program offerings for the students at the Texas branch must be made explicit in writing. This may be accomplished by either a separate section in the catalog or a brochure separate from the catalog. However, if a brochure is produced, the student must also be given the regular catalog.
(F) Upon satisfactory completion of the program of study, the student shall be given appropriate educational credentials indicating the degree level, degree designation, and the designation of the major course of study, and a transcript accurately listing the information typically found on such a document, subject to institutions' obligation, if any, to enforce with the rules and regulations governing state, and federally guaranteed student loans by temporarily withholding such credentials.
(21) Academic Advising and Counseling. The institution shall provide an effective program of academic advising for all students enrolled. The program shall include orientation to the academic program, academic counseling, career information and planning, placement assistance, and testing services.
(22) Student Rights and Responsibilities. The institution shall establish and adhere to a clear and fair policy regarding due process in disciplinary matters; outline the established grievance process of the institution, which shall indicate that students should follow this process and may contact the Board and/or Attorney General to file a complaint about the institution if all other avenues have been exhausted, and publish these policies in a handbook, which shall include other rights and responsibilities of the students. This handbook shall be supplied in print or electronically to each student upon enrollment in the institution.
(23) Health and Safety. The institution shall provide an effective program of health and safety education reflecting the needs of the students. The program shall include information on emergency and safety procedures at the institution, including appropriate responses to illness, accident, fire, and crime.
(24) Reporting. The institutions shall provide to the Board annually, in a form established by the Board, student records of the type specified in Standard (19) relating to Academic Records.
(25) Learning Outcomes. An institution may deviate from Standard 11 relating to Faculty Qualifications, Standard 12 relating to Faculty Size, Standard 16 relating to Credit for Work Completed Outside a Collegiate Setting, and Standard 17 relating to Learning Resources, if there is an objective system of assessing learning outcomes in place for each part of the curriculum and the institution can demonstrate that appropriate learning outcomes are being achieved.
§7.6.Recognition of Accrediting Agencies.
(a) The Texas Higher Education Coordinating Board may recognize accrediting agencies with a commitment to academic quality and student achievement that demonstrate, through an application process, compliance with the following criteria:
(1) Eligibility. The accrediting agency's application for recognition must demonstrate that the entity:
(A) Is recognized by the Secretary of Education of the United States Department of Education as an accrediting agency authorized to accredit educational institutions that offer the associate degree or higher. Demonstration of authorization shall include clear description of the scope of recognized accreditation.
(B) Is applying for the same scope of recognition as that for which it is recognized by the Secretary of Education of the United States Department of Education:
(i) Using the U.S. Department of Education classification of instructional programs (CIP) code at the two-digit level, the applicant shall identify all fields of study in which institutions it accredits may offer degree programs.
(ii) Accrediting agencies shall, for each field of study in which an accredited institution may offer degree programs, specify the levels of degrees that may be awarded. Levels must be differentiated at least to the following, as defined in §7.3 of this chapter (relating to Definitions): applied associate degree, academic associate degree, baccalaureate degree, master's degree, first professional degree and doctoral degree.
(iii) Only institutions that qualify as eligible for United States Department of Education Title IV programs as a result of accreditation by the applicant agency will be considered exempt under §7.4 of this chapter (relating to Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas).
(C) Accredits institutions that have legal authority to confer postsecondary degrees as its primary activity;
(i) Accrediting agencies must show by listing all institutions accredited by the agency that either the majority of the accredited institutions have the legal authority to award postsecondary degrees or that it accredits at least fifty (50) institutions that have the legal authority to award postsecondary degrees.
(ii) An accrediting agency that accredits programs as well as institutions shall demonstrate that either it accredits more institutions than programs or that it has policies, procedures and staff sufficient to address institutional standards of quality in addition to program standards of quality.
(iii) Accrediting agencies must have standards that require all accredited institutions to comply with all applicable laws in the state and local jurisdiction in which they operate and that require accredited institutions to clearly and accurately communicate their accreditation status to the public.
(D) Requires an on-site review by a visiting team as part of initial and continuing accreditation of educational institutions;
(i) Each accrediting agency shall demonstrate, through its documented practices and/or its official policies, that it requires no fewer than three (3) members on a team when conducting initial and continuing accreditation visits, that none have a monetary or personal interest in the findings of the on-site review, and that all have professional experience that qualifies them to review the institution's compliance with the standards of the agency.
(ii) Accrediting agencies may conduct site visits for reasons other than initial and continuing accreditation with fewer team members.
(iii) Accrediting agencies shall provide a list of the visiting team members for the five (5) most recently completed on-site reviews. The list shall show name, employer, title of positions held with that employer and the standards for which the individual was responsible in that on-site review.
(E) Has policies or procedures that ensure the entity will promptly respond to requests for information from the Board:
(i) Each accrediting agency shall provide the Board its official policy regarding disclosure of information about institutions that are or have been candidates for accreditation and are or have been accredited. Agencies shall provide to the Board, within ten (10) working days, any new information and any requested information about a Texas institution that would be available to the public under that official policy.
(ii) Each accrediting agency shall include in its standards for accreditation of Texas institutions that the institutions disclose publicly and to the Board the number of degrees awarded at each level each year and the number of students enrolled in the fall of each year.
(F) Has sufficient resources to carry out its functions.
(i) Accrediting agencies shall identify the number of on-site reviews conducted during the most recent twelve (12) month period, the number of staff members who participated in those on-site reviews and the maximum number of on-site reviews conducted by any individual staff member. If that maximum number exceeds thirty (30), the agency shall explain how it expects to carry out its function of enforcing its standards on Texas institutions.
(ii) Each accrediting agency shall provide evidence that its ratio of current assets to current liabilities equals or exceeds 1.2.
(iii) Each accrediting agency shall demonstrate that its fees are reasonable for the accreditation services provided.
(2) Recognition. To receive and maintain recognition from the Board, the accrediting agency must, in addition to the items listed in paragraph (1) of this subsection:
(A) Provide the Board with current standards used by the entity in initial and ongoing accreditation reviews of educational institutions and invite the Board to participate in such reviews;
(i) Accrediting agencies must have publicly disclosed standards that address at a minimum the following issues: student achievement in relation to the institution's mission; curricula; faculty; facilities, equipment and supplies; fiscal and administrative capacity; student support services; recruiting and admissions practices, academic calendars, catalogs, grading, etc.; measures of program length and objectives of the degrees or credentials offered; record of student complaints received by, or available to the agency; management and financial control.
(ii) In the application process, the accrediting agency must indicate how its standards address each of the quality assessment categories outlined in clause (i) of this subparagraph which represent the underlying principles described in the institutional standards of §7.5 of this chapter (relating to Standards for Operation of Institutions). Comparison of its standards with those of previously recognized accrediting agencies and with the standards in §7.5 of this chapter is encouraged as a means of indicating how its standards meet those principals.
(iii) Each accrediting agency shall provide its policy for periodic reviews. At a minimum, the accrediting agency must conduct on-site reviews at least every ten (10) years.
(iv) At least ten (10) working days before each schedule periodic on-site review of a Texas institution, accrediting agencies shall invite the Board staff to participate in the review. Such participation shall be at no expense to the institution or the accrediting agency.
(v) Within ten (10) working days of an official change in standards, the agency shall notify the Board of those changes.
(vi) By providing a copy of its publicly disclosed policies and procedures, each accrediting agency shall demonstrate that its initial and ongoing reviews and the resultant accreditation decisions are fair and consistent with the available evidence.
(vii) Accrediting agencies that use an advisory body, similar to the Certification Advisory Council described in §7.7(b) of this chapter (relating to Certificate of Authority), shall describe the advisory body's composition and authority. Accrediting agencies that do not use such a body shall describe the process used to ensure that the evidence obtained from reviews results in appropriate accreditation decisions.
(viii) The initial and ongoing reviews shall include an institutional self-evaluation process or a documented alternative process to promote continuous quality improvement.
(ix) Each accrediting agency shall have and publicly disclose its processes for appealing accreditation decisions.
(B) Provide the Board with written evidence of continuing recognition by the Secretary of Education of the United States Department of Education. Loss of recognition from the Secretary automatically results in loss of Board recognition at the same time. Written evidence may consist of a letter from the chief executive officer of the accrediting agency. Accrediting agencies shall submit the evidence annually prior to the anniversary date of the initial Board recognition.
(C) Provide a list of Texas educational institutions accredited by it; notify the Board in writing of any change to its list of Texas accredited institutions within ten (10) days of the change;
(D) Notify the Board of any investigated complaints concerning a Texas institution where the accrediting agency took official action on issues of non-compliance and the disposition of those complaints;
(E) Seek Board approval for any expansion of its recognized scope of accreditation authority; and
(F) Demonstrate that the ownership and control of the accrediting agency is sufficiently independent to insure that the accreditation process is conducted in the public interest.
(b) Other Information, Denial or Withdrawal of Recognition and Appeals.
(1) Once recognized, an accrediting agency retains that recognition unless and until the Board withdraws the recognition. Failure to comply with any the requirements in this chapter will be grounds for the Board to consider withdrawing recognition.
(2) The Board may use information provided by parties other than the accrediting agency to assess the accrediting agency's commitment to academic quality and student achievement. The Board will consider any such information in an open, public meeting during which the accrediting agency may challenge the information.
(3) The Board will make any decision to deny recognition of an accrediting agency or to withdraw recognition from an accrediting agency in a public meeting.
(4) An institution operating in Texas as an exempt institution pursuant to §7.4 of this chapter (relating to Obtaining a Certificate of Authorization or a Certificate of Authority to Operate in Texas) when its recognized accrediting agency loses or voluntarily relinquishes its recognition will have ninety (90) days to apply for a Certificate of Authority or to reach agreement with the Board on a schedule for ceasing its operations in Texas.
(5) An accrediting agency or institution affected by any final decision under this subchapter may appeal that decision as provided in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).
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 May 7, 2008.
TRD-200802399
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 427-6114
Subchapter A. PURPOSE, AUTHORITY, AND DEFINITIONS
The Texas Higher Education Coordinating Board adopts the repeal of §§12.1 - 12.3 concerning Career Schools and Colleges without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2451). Specifically, this repeal will allow Board staff to combine provisions of Chapter 12 into a new chapter that will improve the processes Career Schools and Colleges follow in order to operate in Texas.
There were no comments received regarding this repeal.
The repeal is adopted under the Texas Education Code, Chapter 61, Subchapter G, and Texas Education Code Chapter 132, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward degrees, and the use of certain terms.
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 May 7, 2008.
TRD-200802401
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts the repeal of §§12.21 - 12.39 concerning Career Schools and Colleges without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2451). Specifically, this repeal will allow Board staff to combine provisions of Chapter 12 into a new chapter that will improve the processes Career Schools and Colleges follow in order to operate in Texas.
There were no comments received regarding this repeal.
The repeal is adopted under the Texas Education Code, Chapter 61, Subchapter G, and Texas Education Code Chapter 132, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward degrees, and the use of certain terms.
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 May 7, 2008.
TRD-200802402
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 427-6114
The Texas Higher Education Coordinating Board adopts the repeal of §§12.41 - 12.46 concerning Career Schools and Colleges without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2451). Specifically, this repeal will allow Board staff to combine provisions of Chapter 12 into a new chapter that will improve the processes Career Schools and Colleges follow in order to operate in Texas.
There were no comments received regarding this repeal.
The repeal is adopted under the Texas Education Code, Chapter 61, Subchapter G, and Texas Education Code Chapter 132, which provides the Coordinating Board with the authority to regulate the awarding or offering of degrees, credit toward degrees, and the use of certain terms.
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 May 7, 2008.
TRD-200802403
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 27, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 427-6114
Chapter 102. EDUCATIONAL PROGRAMS
Subchapter FF. COMMISSIONER'S RULES CONCERNING EDUCATOR AWARD PROGRAMS
The Texas Education Agency (TEA) adopts new §102.1073, concerning district awards for teacher excellence. The new section is adopted with changes to the proposed text as published in the November 9, 2007, issue of the Texas Register (32 TexReg 8079). The adopted new section implements the requirements of the Texas Education Code (TEC), Chapter 21, Subchapter O, as added by House Bill 1, 79th Texas Legislature, Third Called Session, 2006, that requires the commissioner by rule to establish procedures and adopt guidelines for the administration of awards for the student achievement program.
House Bill 1, 79th Texas Legislature, Third Called Session, added the TEC, Chapter 21, Subchapter O, establishing a teacher incentive program that provides funding to districts interested in developing local incentive programs. The legislation requires that the commissioner establish the grant award program and adopt rules for developing local awards plans and the awarding of funds.
Adopted new 19 TAC §102.1073 implements the TEC, Chapter 21, Subchapter O, by establishing the District Awards for Teacher Excellence (DATE) grant program. The new rule adopts provisions that: (1) establish the purpose of the program and requirement that interested schools districts develop local awards plans in order to be considered for funding; (2) define applicable words and terms; (3) provide details relating to district eligibility, application, and notification; (4) specify requirements for development of local awards plans; (5) set forth conditions of operation, including specifications for districts to create and submit to the TEA measurable and objective performance measures; (6) address how the amount of grant awards are determined, including the use of matching funds; and (7) stipulate the manner in which award payments are to be allocated, including required percentage distributions, to classroom teachers and other eligible campus employees. To the extent practicable, the campus should pay a classroom teacher an incentive payment in an amount of not less than $3,000 per teacher, unless otherwise determined by the local school board. Minimum awards must be no less than $1,000 per teacher.
In addition, the subchapter name is changed from "Commissioner's Rules Concerning Governor's Educator Excellence Award Programs" to "Commissioner's Rules Concerning Educator Award Programs" to accurately reflect the various types of award programs addressed in commissioner's rule.
In response to the public comments on proposed new 19 TAC §102.1073, District Awards for Teacher Excellence, and to incorporate necessary technical edits, the following changes were made:
Subsection (b), relating to definitions, was modified for clarification in paragraph (5) regarding performance award measures and in paragraph (7) regarding the use of Part II funds for teacher recruitment and retention. A technical edit to remove redundancy was made in paragraph (10) regarding designation as a targeted campus.
Subsection (e), relating to the local awards plan, was modified in paragraph (2)(A) to clarify the use of a district-level planning or decision-making committee and in paragraph (2)(B) to require evidence demonstrating teacher involvement in creating a local awards plan. Paragraph (6) was modified to establish a requirement for the selected district-level planning or decision-making committee to vote on future plan changes and submissions. Technical edits were made in subsection (e) to correct a statutory reference in paragraph (1), to clarify use of student performance measures in paragraph (2)(C), to delete paragraph (2)(G) to remove a duplicative requirement, and to re-letter subsequent subparagraphs accordingly.
Subsection (f), relating to conditions of operation, was modified to remove paragraph (1)(E), which required performance measures to be met within two years. A new paragraph (8) was added to establish a requirement for districts to maintain evidence of teacher involvement.
Subsection (g), relating to amount of grant awards, was modified in paragraph (4) to add clarifying language for the match requirements.
Subsection (h), relating to award payments, was modified in paragraph (2) to prohibit the exclusion of retired or involuntarily transferred teachers from receiving a performance award. Technical edits were made in paragraph (1) to use the percentage sign for consistency within the rule and in paragraph (3) to add clarifying language on the grant award amounts. In addition, the title of subsection (h) was modified to make clear that award payments are not solely for classroom teachers.
The adopted new rule provides guidelines and procedures for school districts and open-enrollment charter schools to follow in order to apply for the District Awards for Teacher Excellence grant funds. Grantees must agree to submit all information, application materials, and reports required by the TEA.
Local school districts are required to maintain documentation of the following: (1) approval by a majority of classroom teachers assigned to a campus selected to participate if the program is not implemented districtwide; (2) minutes of stakeholder meetings with selected campuses to share goals, purpose of award plan, and final award plan; (3) information regarding public viewing of the district award plan and the public comment period for teacher input; (4) the voting records for the district award plan by the district-level decision-making committee and the local school board of trustees or directors; and (5) records specifying distribution of final awards and stipends according to the district award plan.
In response to public comment, language was added to the rule at adoption that requires a school district to maintain campus teacher attendance records, meeting minutes, or other similar evidence of significant teacher involvement from campuses required to hold a majority vote for approval of the local awards plan.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
The public comment period on the proposal began November 9, 2007, and ended December 9, 2007. The public comment period was extended through December 17, 2007. Following is a summary of public comments and corresponding agency responses regarding proposed new 19 TAC Chapter 102, Educational Programs, Subchapter FF, Commissioner's Rules Concerning Educator Award Programs, §102.1073, District Awards for Teacher Excellence.
Comment. Concerning §102.1073(b)(5), the Texas Classroom Teachers Association (TCTA) commented that the meaning of the language that "measures must also be generally viewed as measures of student/institutional excellence and equity" is uncommon and unclear. The TCTA asked that this language either be eliminated or changed to define exactly how a measure can be viewed as a measure of student/institutional excellence and equity.
Agency Response. The agency agrees and removed the language in subsection (b)(5) for clarity.
Comment. Concerning §102.1073(b)(5), the TCTA and the Texas State Teachers Association (TSTA) stated that limiting the definition of "meaningful, objective measures" to solely "quantifiable measures" does not comport with the statute and legislative intent and objected to the use of these measures. Additionally, the TSTA commented that §102.1073(e)(2)(C) and (D) also relate to these measures and appropriate assessments forcing districts to use Texas Assessment of Knowledge and Skills (TAKS) testing.
Agency Response. The agency disagrees and has maintained language as published as proposed. The language in subsections (b)(5) and (e)(2)(C) allows for flexibility in using measures other than TAKS or tests, such as local benchmarks, evaluation of projects, exhibits, portfolios, or other assessments that are consistent with national or state recognized professional and technical standards. These assessments must be meaningful, objective, and quantifiable. For clarification, however, language in subsections (b)(5) and (e)(2)(C) was modified.
Comment. Concerning §102.1073(b)(7), the TCTA stated that it is unclear whether the language refers to student recruitment and retention or teacher (and other instructional personnel) recruitment and retention; consequently, the word "instructional personnel" should be added before the word "recruitment."
Agency Response. The agency agrees and included the suggested language in subsection (b)(7) for clarity.
Comment. The Texas Library Association (TLA) commented that the statutory authorization for the rule clearly allows districts to use this program to reward classroom teachers and other district personnel. The TLA stated that the definitions provided relate only to classroom teachers and not to other instructional personnel who are eligible for some component of the awards. The TLA requested that language be added to the rule to list specifically the eligibility of school librarians and media specialists in the program.
Agency Response. The agency disagrees and has maintained language as published as proposed. Section 102.1073, including the definitions in subsection (b), allows for other district personnel, such as school librarians and media specialists, to be funded with Part II funds. For clarification, however, the title of subsection (h) was modified to make clear that award payments are not solely for classroom teachers.
Comment. The director of instruction of Aransas County Independent School District commented that language in §102.1073(e)(2)(A) should reflect that districts have the option of forming a district-wide team specifically for the purpose of developing the District Awards for Teacher Excellence (DATE) award plan, rather than having to utilize the existing district planning and decision-making team.
Agency Response. The agency agrees and modified language in subsection (e)(2)(A). The TEC, §21.704(a), offers a choice to districts to use their existing district planning and decision-making committee to create the local award plan or assemble another district-level committee. The language change will reflect the option that the committee should have similar representation as the committee defined under the TEC, Chapter 11, Subchapter F.
Comment. Concerning §102.1073(e)(2)(A), the TCTA commented in support of the requirement that a local awards plan must be developed by the district-level planning and/or decision-making committee established under the TEC, Chapter 11, Subchapter F.
Agency Response. The agency disagrees; however, language was modified in subsection (e)(2)(A) removing the requirement that a local awards plan be developed by the specified district-level planning and/or decision-making committee. The TEC, §21.704(a), offers a choice to districts to use their existing district planning and decision-making committee to create the local award plan or assemble another district-level committee. The language change will reflect the option that the committee should have similar representation as the committee defined under the TEC, Chapter 11, Subchapter F.
Comment. Concerning §102.1073(e)(2)(B), the TCTA and TSTA expressed concerns regarding significant teacher involvement. The TCTA stated that the proposed rule refers to evidence of significant teacher involvement, but is incomplete in that it does not state the activities in which teachers must be involved. Noting that the relevant statute, TEC, §21.704(c), states that there must be evidence of the significant involvement of teachers in the development of the plan, the TCTA asked that the words "in the development of the plan" be added after the word "involvement." The TSTA recommended that there be a requirement in this process for more teacher participation in developing the plan.
Agency Response. The agency agrees and added language in subsection (e)(2)(B) to require teacher involvement in developing the local awards plan. The district-level planning committee responsible for designing and voting on the award plan must have significant teacher representation.
Comment. Concerning §102.1073(e)(2)(B), the TCTA expressed concern about whether examples of the required evidence of teacher involvement contained in the proposed rule, such as "an assurance from the school district superintendent" is sufficient, particularly given that the Texas Educator Excellence Grant program requirements give much more specific examples of significant teacher involvement, including teacher attendance records, meeting minutes, or other evidence.
Agency Response. The agency agrees and added language in subsection (e)(2)(B) to emphasize and identify appropriate teacher representation on the planning and decision-making committee. New subsection (f)(8) was also added to reinforce the district requirement to maintain evidence of teacher involvement.
Comment. The Texas American Federation of Teachers (Texas AFT) and the TSTA expressed concern over the level of teacher involvement in the creation of district award plans.
The Texas AFT stated that §102.073(e)(2)(E) would allow imposition of a local awards plan without the approval of a majority of classroom teachers at any campus if a district's local awards plan is drafted to cover all campuses in the district. The Texas AFT commented that only if a district's local awards plan were drafted to exclude some campuses would the statutory requirement of majority approval by teachers at participating campuses be enforced. The Texas AFT stated that this administrative narrowing of the "majority approval" requirement for campus participation in a local awards plan is not supported by the language of the TEC, §21.704, or by legislative intent. The Texas AFT commented that the TEC, §21.704, states: "A majority of classroom teachers assigned to a campus that is selected by the district- level committee to participate in the program must approve participation to be included in the local awards plan." The Texas AFT stated that in a case where the district-drawn plan provides for the participation of all campuses, those campuses have been "selected" to participate. The Texas AFT concluded that the majority of classroom teachers assigned to each of those campuses must therefore approve participation before the district's local awards plan can apply to their campus.
The TSTA commented that §102.1073(e)(2)(E) is vague with regard to the level of teacher involvement that is actually required. The TSTA recommended that the rule require that any committee formed for the purpose of developing a plan under DATE be composed of at least two-thirds classroom teachers.
Agency Response. The agency disagrees and has maintained language as published as proposed. The DATE program requires teacher input and votes at various points of the awards plan creation. The local awards plan must be developed by the district-level planning and decision-making committee, and each district-level planning committee is required to have teacher representation. If a district selects a certain campus to participate, participation is predicated on a simple majority vote of classroom teachers assigned to the selected campus. The program also requires districts to make the awards plan available to the public for teachers and others to provide comment. Teachers are given multiple opportunities to support or oppose their district awards plan. Districts may choose campuses and select specific target teachers by grade or subject to help improve student achievement or address critical teacher shortage areas. Conducting additional and superfluous multiple campus votes, when the district-level planning-making committee has already voted on the plan will create an undue administrative burden and create an unreasonable or overly burdensome grant requirement within the request for application time constraints.
Comment. Concerning §102.1073(e)(4), the TSTA stated that this subsection restricts any appeal of a decision by the school board related to the local awards plan. The TSTA commented that the most significant consequence of this provision is if a school board approves a local awards plan that violates the teacher vote or consensus. The TSTA objected to this language stating that it restricts the process by which an employee can grieve any decision the school board makes in regard to the local awards plan in violation of an educator's due process rights. The TSTA recommended this prohibition be deleted from the rule.
Agency Response. The agency disagrees and has maintained language as published as proposed. Subsection (e)(4) precludes an appeal to the commissioner of the discretionary action of the local school board to approve a plan and submit it to the agency. The submission of a grant application is not subject to review by the commissioner through the administrative hearings process. In the event that a grant application is approved, the local plan implemented, and local administrative remedies exhausted, an individual could appeal actions taken in the development or implementation of an approved local plan if jurisdiction under the TEC, §7.057(a), exists.
Comment. Concerning §102.1073(e)(6), the TCTA and TSTA expressed concern over the ability of local school boards to vote or change a local awards plan. The TCTA stated the proposed rule allows the school district board to amend, with TEA approval, its local awards plan in accordance with subsections (g) and (h) of this section for each school year the school district receives a program grant. The TSTA recommended that this requirement be deleted, and the rule require a presentation of the plan to the school board upon approval by a majority of the classroom teachers.
Agency Response. The agency agrees in principle with this interpretation and modified the language in subsection (e)(6) to require the selected district-level planning and/or decision-making committee to vote in advance of any school board changes to the local awards plan. A technical edit was also made to subsection (e)(6) to cross reference requirements in subsections (c) and (h) rather than (g) and (h).
Comment. The Association of Texas Professional Educators (ATPE) objected to the requirement in §102.1073(f)(1)(A) that DATE awards be tied to district goals that must increase from year to year.
Agency Response. The agency disagrees and has maintained language as published as proposed. District administrators and instructional personnel should seek performance at a level that reflects improvement from current performance. The purpose of the grant program is to improve student achievement. Performance measures should be based on the district's goals and reflect a desired result that is achievable. Districts that are unable to meet their goals will still be able to receive a grant award with the submission of a plan addressing how the district will modify its local awards plan to meet their performance measures in the next grant period. To support this policy, subsection (f)(1)(E), relating to meeting performance measures within two years, was deleted.
Comment. The TSTA commented that §102.1073(f)(7)(A) and (C) require a demonstration from the district of a strategic plan for decreasing dependence on state funds to assure long-term sustainability of the program after DATE funds expire, and a demonstration of efforts to identify additional sources of funding to support and sustain the activities of the plan. The TSTA stated that it found no legislative support or legal authority for the mandate of these additional requirements in order to be eligible for grant funds under DATE. The TSTA further commented that the matching requirement violates the most recent Texas Supreme Court decision on school finance as it diminishes a district's "meaningful discretion" as it has the effect of prohibiting some districts which cannot budget the required matching funds from even applying for a grant under DATE. [Neeley v. West Orange-Cove C.I.S.D., 176 S.W.3d 746 (Tex. 2005).] The TSTA stated that additional strings of this nature will be cost prohibitive for many districts around the state, leaving a bias toward the more property rich districts. The TSTA commented that these provisions create an unfair application process across the board and should be removed as requirements for the grant.
Agency Response. The agency disagrees and has maintained language as published as proposed. The rule requires districts to devise a strategic plan for decreasing dependence on the grant funds and identify additional support to sustain the program for planning purposes only. The rule does not mandate a school district to continue its district award plan if grant funds expire. There is no cost for planning and considering potential funding sustainability options.
Comment. Concerning §102.1073(g)(4), the Texas AFT, ATPE, and TSTA stated that the requirement of local matching funds lacks legislative foundation and serves as a deterrent.
Agency Response. The agency disagrees. The TEA has expressly been granted the authority to promulgate the necessary rules to implement the educator award grant program. Language, however, has been added in subsection (g)(4) to clarify the matching requirements to better assist districts with future planning. In order to ensure program sustainability once the grant funds are exhausted, the district grant award requires a cash or in-kind match from federal, state, or local sources. Research shows that an effective award plan will have a positive effect on curriculum and instruction, will attract and retain quality teachers, and will translate into student achievement. The TEA understands the financial burdens districts face and views the 15% cash or in-kind matching requirements and programmatic sustainability sections of the grant application as critical steps to building capacity, stakeholder support, and long-term program sustainability.
If a district must amend their district award plan because it receives less grant funding in future years, the amended award plan must be voted on again by the designated district-level planning committee and school board.
Comment. Concerning §102.1073(h)(2), the Texas AFT, TCTA, and TSTA commented that teachers who meet the criterion of positive impact on student growth should not be disqualified from receiving a bonus because of transfer or retirement. The TSTA also objected to any restriction on the appeal process under the DATE program.
Agency Response. The agency agrees in part and disagrees in part. The agency agrees that teachers who meet established criteria should not be disqualified and has included language in subsection (h)(2) barring the disqualification of teachers who have retired or were involuntarily transferred. The agency disagrees with removing language in subsection (h)(2) that restricts appeals and has maintained language as published as proposed. District-level planning committees should not circumvent or violate existing local school district grievance policies and procedures.
The new section is adopted under the Texas Education Code, §21.702, which requires the commissioner of education by rule to establish an educator excellence awards program under which school districts, in accordance with local awards plans approved by the commissioner, receive program grants from the agency for the purpose of providing awards to district employees, and §21.707, which requires the commissioner of education to adopt rules necessary to administer the Educator Excellence Awards Program.
The new section implements the Texas Education Code, §21.702 and §21.707.
§102.1073.District Awards for Teacher Excellence.
(a) Establishment of program.
(1) In accordance with the Texas Education Code (TEC), §21.702, the District Awards for Teacher Excellence (DATE) is established as an annual grant program under which a school district may receive a program grant from the Texas Education Agency (TEA) for the purpose of providing awards to classroom teachers and district employees in the manner provided by the TEC, §21.705. Provisions regarding implementation of the program are described in this section.
(2) Funds from this program will be distributed to each selected school district or open- enrollment charter school that submitted an approved local awards plan developed in accordance with the TEC, §21.704, and subsection (e) of this section.
(b) Definitions.
(1) Classroom teacher--As defined in the TEC, §5.001(2).
(2) Contingency plan--An outline of alternative strategies to redistribute a school district's remaining grant funds after the school district's approved local awards plan has been implemented.
(3) Districtwide--Every campus within the school district.
(4) Local awards plan--A plan developed by a school district in accordance with the TEC, §21.704, and subsection (e) of this section that sets forth procedures for the school district's use of DATE grant funds.
(5) Meaningful, objective performance measures--Quantifiable measures that have a standardized definition and are measured and reported in the same way for every campus/school district and in the same way from year to year.
(6) Part I funds--Grant funds used to award classroom teachers who positively impact student academic improvement, growth, and/or achievement.
(7) Part II funds--Grant funds used on awards and stipends for classroom teachers, staff, principals, and other activities to improve student achievement and instructional personnel recruitment and retention.
(8) School district--For the purpose of this section, the definition of school district includes an open-enrollment charter school.
(9) Selected campus--A campus identified by a school district to receive grant funds when the district awards program is not implemented districtwide.
(10) Target campus--A selected campus that meets criteria specified in program requirements established by the commissioner of education that designate a campus as having low or underperforming student academic achievement and low student academic improvement rates. Additional criteria may take into account difficulty in finding and retaining qualified and effective teachers relative to the state or district averages. Criteria used for selection of a target campus must relate directly to the goals and performance measures of the local awards plan.
(c) District eligibility.
(1) A school district is eligible to apply for grant funds for the DATE program if the school district:
(A) completes and submits a Notice of Intent to Apply to the TEA by a date established by the commissioner;
(B) complies with all assurances in the Notice of Intent to Apply and grant application;
(C) develops a local awards plan for the district;
(D) participates in the required technical assistance activities established by the commissioner;
(E) agrees to participate for no less than two consecutive grant cycles;
(F) agrees to complete required activities during a planning year and during implementation year(s) on a timeline set forth in the program requirements established by the commissioner; and
(G) complies with any other activities set forth in the program requirements.
(2) An eligible school district must submit an application in a form prescribed by the commissioner.
(A) Each eligible applicant must meet all deadlines, requirements, and assurances specified in the application.
(B) The commissioner may waive any eligibility requirements specified in this subsection. All waiver requests must be submitted, along with a completed application, to the TEA and meet the requirements of the TEC, §7.056.
(d) Notification. The TEA will notify each applicant in writing of its selection or non-selection to receive a grant under the DATE program.
(e) Local awards plan.
(1) In accordance with the TEC, §21.704, a school district that intends to participate in the DATE program and that meets the requirements specified in the TEC, Chapter 21, Subchapter O, and this section is required to submit a local awards plan to the TEA for approval. The TEA may only approve a local awards plan that meets the program requirements specified in the TEC, §21.705, and this section.
(2) A local awards plan must:
(A) be developed by a district-level committee for a school district that intends to participate in the program, such as the district-level planning and decision- making committee established under the TEC, Chapter 11, Subchapter F;
(B) be submitted with evidence of significant teacher involvement in developing the plan demonstrated by, but not limited to, providing the names of the teachers serving on the selected district-level planning and/or decision-making committee, the campus majority vote count for selected campuses, and an assurance of the vote from the school district superintendent in the completed application;
(C) define criteria that will be used to identify which teachers, of those eligible, will receive awards. The criteria must be quantifiable and applicable to established meaningful, objective performance measures. The criteria must address student academic improvement, growth, and/or achievement;
(D) establish meaningful, objective performance measures, as defined in subsection (b)(5) of this section, for the school district and the selected campuses. At least one measure must relate to student academic improvement, growth, and/or achievement;
(E) identify campus participation districtwide or for selected campuses, as defined in subsection (b) of this section. If the school district identifies selected campuses then:
(i) a majority of classroom teachers assigned to a campus that is selected by the district-level planning and/or decision-making committee to participate in the program must approve participation to be included in the local awards plan; and
(ii) more than half of the selected campuses must be target campuses, as defined in subsection (b) of this section;
(F) establish teacher eligibility requirements that are consistent for no less than two consecutive grant cycles;
(G) make information available to the public on the methodology used to determine award amounts and timelines for the duration of a school district's participation in the grant program; and
(H) include a contingency plan designed to redistribute any remaining, unawarded Part I and Part II program funds, in accordance with the percentage distributions specified in the TEC, §21.705, and subsection (h) of this section.
(3) The local school board must approve the local awards plan, changes to the local awards plan, and the grant application prior to submission to the TEA. A school district must act pursuant to its local school board policy for submitting a local awards plan and grant application to the TEA.
(4) A decision by a local school board to approve and submit its local awards plan and grant application may not be appealed to the commissioner.
(5) A school district may renew its local awards plan for three consecutive school years without resubmitting a full grant application to the TEA.
(6) A school district may amend, with a majority vote by the selected district-level planning and/or decision-making committee and with TEA approval, its local awards plan in accordance with subsections (c) and (h) of this section for each school year the school district receives a program grant.
(f) Conditions of operation.
(1) A school district must identify performance measures in the application for the success of the local awards plan. The performance measures:
(A) must directly relate to the school district goals and criteria for selecting targeted campuses;
(B) must include measures of student academic improvement, growth, and/or achievement;
(C) may relate to improved teacher attrition, migration, and quality;
(D) must include targets for school district performance and specifically for target campuses, if the district program is not districtwide; and
(E) must be in accordance with program guidelines established by the commissioner.
(2) A school district may not reduce the number of previously established performance measures at any time during the school district's participation in the DATE grant.
(3) A school district may not remove a performance measure from the local awards plan earlier than two grant cycles from the time the performance measure was established for the purposes of the grant.
(4) Each performance measure must be set at a level that reflects improvement from current performance for the school district and among target campuses.
(5) If a school district fails to meet performance measures, the school district must submit a plan to the TEA for approval by the commissioner addressing how the district will modify its local awards plan to meet performance measures. The commissioner may require the school district to participate in required technical assistance in modifying its local awards plan.
(6) If a school district fails to meet performance measures or other TEA requirements, the commissioner may disqualify a school district from receiving a grant award from the DATE program the subsequent grant year.
(7) A school district shall demonstrate and provide information to the TEA, in the application, on the following:
(A) a strategic plan for decreasing dependence on the state funds to assure long-term sustainability of the program after the DATE grant funds expire;
(B) an ongoing process for evaluating the local awards plan and activities to be performed under the DATE grant, including measurement of progress toward the approved goals and measurable objectives to help improve program performance and support sustainability; and
(C) efforts to identify additional cash and in-kind contributions to support and sustain the activities of the local awards plan.
(8) A school district must maintain campus teacher attendance records, meeting minutes, or other similar evidence of significant teacher involvement from campuses required to hold a majority vote for approval of the local awards plan.
(g) Amount of grant awards.
(1) In accordance with the TEC, §21.703, each school district with a TEA-approved local awards plan is entitled to a grant award in an amount determined by the commissioner.
(2) In accordance with the TEC, §21.703(a)(2)(B), an award determination will be based on the average daily attendance (ADA) of participating districts in relation to the total number of eligible and applying districts.
(3) Award amounts may vary from one year to the next.
(4) A school district must provide a 15% cash or in-kind match. Matching funds must be used to supplement or support activities identified in the district grant application and local awards plan. The commissioner may disqualify a school district from current and future grant awards for the DATE program and recover allocated grant funds if a school district fails to allocate or provide matching funds. A decision to disqualify a school district or recover funds is final and may not be appealed.
(h) Award payments.
(1) A school district must distribute a specified percentage of its program grant award to eligible classroom teachers districtwide or on selected campuses who meet the local awards plan criteria in accordance with the TEC, §21.705, and this section. Each grant award must be spent in two parts.
(A) Part I funds must make up at least 60% of the total grant allocation and be used to award classroom teachers who meet the local awards plan criteria. Awards under this subsection:
(i) may be used only for classroom teachers that positively impact student academic improvement and/or growth; and
(ii) must be distributed in accordance with the local awards plan developed in accordance with subsection (e) of this section.
(B) Part II funds must make up the remaining amount of the funds, a maximum of 40% of the total grant allocation. In accordance with the TEC, §21.705, Part II funds can be used for other allowable activities as identified in program requirements.
(2) A school district may choose to exclude a teacher on a selected campus from receiving an award except involuntarily transferred teachers or retired teachers no longer on the selected campus. In such an instance, the local awards plan must reflect the district policies with regard to such a teacher at the program start date. A decision to exclude certain teachers from receiving an award may not be appealed to the commissioner.
(3) Annual award amounts should be equal to or greater than $3,000, unless otherwise determined by the local school board. Minimum awards must be no less than $1,000 per teacher identified under Part I funds. A local school board decision on award amounts per teacher is final and may not be appealed to the commissioner.
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 May 8, 2008.
TRD-200802425
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 28, 2008
Proposal publication date: November 9, 2007
For further information, please call: (512) 475-1497