Proposed Rules Title 19

TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER E. APPROVAL OF DISTANCE EDUCATION, OFF-CAMPUS, AND EXTENSION COURSES AND PROGRAMS FOR PUBLIC INSTITUTIONS

19 TAC §§4.101 - 4.108

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Higher Education Coordinating Board or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of §§4.101 - 4.108, concerning Approval of Distance Education, Off-Campus, and Extension Courses and Programs for Public Institutions. Specifically, this repeal will allow Board staff to revise and divide information from Subchapter E in order to clarify requirements Texas institutions of higher education must meet in order to deliver distance education courses and programs, and to deliver off-campus and on-campus self-supporting courses and programs.

Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic Affairs and Research, has determined that for each year of the first five years the repeal is in effect, there will be no fiscal implications to state or local government as a result of the repeal as proposed.

Dr. Stephenson has also determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of administering the sections will be negligible. There will be no anticipated effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There will be no impact on local employment.

Comments on the proposed repeal may be submitted to Dr. MacGregor M. Stephenson, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or macgregor.stephenson@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under the Texas Education Code, Chapter 61, Subchapter C, §61.051, which provides the Coordinating Board with the authority to coordinate institutions of higher education.

The repeal affects implementation of Texas Education Code, Subchapter C, §61.051(j).

§4.101.Purpose.

§4.102.Authority.

§4.103.Definitions.

§4.104.General Provisions.

§4.105.Functions of Regional Councils

§4.106.Institutional Report for Distance Education, Off-Campus Instruction, and On-Campus Extension Programs.

§4.107.Standards and Criteria for Distance Education, Off-Campus Instruction, and On-Campus Extension Courses and Programs.

§4.108.Non-Formula-Funded (Extension) Course and Program General Provisions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 3, 2009.

TRD-200903268

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 29, 2009

For further information, please call: (512) 427-6114

CHAPTER 9. PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES

SUBCHAPTER H. PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND PUBLIC TWO-YEAR COLLEGES

19 TAC §9.144

The Texas Higher Education Coordinating Board proposes amendments to §9.144, concerning Partnership Agreements for the purpose of complying with Texas Education Code §130.008(d) and (d-1). Passage of House Bill 2480 during the regular session of the 81st Texas Legislature amended Texas Education Code §130.008(d) and (d-1) by adding language that permits a public community college to enter into an agreement with a high school located in the service area of another public community college to offer a dual credit course only if the local public community college is unable to provide the requested course to the satisfaction of the school district and has been invited to do so by the ISD.

Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic Affairs and Research, has determined that for each year of the first five years the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Dr. Stephenson has also determined that for each year of the first five years the amendments are in effect, the high schools desiring to enter into agreements with public community colleges for the provision of dual credit courses will be able to partner with colleges regardless of the college area in which the high school is located. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposed rule amendments may be submitted to Dr. MacGregor M. Stephenson, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or macgregor.stephenson@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the provisions of Texas Education Code, §§61.027, 61.061, and 61.062(c) and Chapter 61, Subchapter G, 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.

The proposed amendments affect implementation of Texas Education Code, Chapter 130, Subchapter A, §130.008 (d) and (d-1).

§9.144.Partnership Agreements.

(a) A public community college may enter into an agreement to offer only a dual credit course with a high school located in the service area of another public community college only if the other public community college is unable to provide the requested course to the satisfaction of the school district and the school district has explicitly invited the institution to do so.

(b) [~~(a)~~] Need For Partnership Agreement. For any instructional partnership between a secondary school and a public two-year college, an agreement must be approved by the governing boards or designated authorities of both the public school district or private secondary school and the public two-year college.

(c) [~~(b)~~] Elements of Partnership Agreements. Any partnership agreement as described in §9.143 of this title (relating to Types of Partnerships) must address the following elements:

(1) student eligibility requirements;

(2) faculty qualifications;

(3) location and student composition of classes;

(4) provision of student learning and support services;

(5) eligible courses;

(6) grading criteria;

(7) transcripting of credit; and

(8) funding provisions.