EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter P. Testing and Remediation 19 TAC sec.5.313 The Texas Higher Education Coordinating Board adopts on an emergency basis an amendment to sec.5.313(m), concerning testing and remediation. The rule is to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. In the opinion of legal counsel, the inconsistent application of the "once exempt, always exempt" policy requires that this rule be changed immediately. The amendment is adopted on an emergency basis under the Texas Education Code, sec.51.306, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.5.313. Eligibility. (a)-(l)(No change.) (m) Students with three or more semester credit hours or the equivalent awarded prior to fall semester, 1989, are exempt from the Texas Academic Skills Program (TASP) regardless of any election of academic fresh start (Texas Education Code (TEC) 51.929).
    [Students cannot claim exemption from TASP on the basis of hours which they elect to ignore under Senate Bill 1321 (academic fresh start).] Issued in Austin, Texas, on August 2, 1995. TRD-9509652 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter A. General Provisions 19 TAC sec.21.2 The Texas Higher Education Coordinating Board adopts on an emergency basis an amendment to sec.21.2, concerning general provisions. The rule is to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. The rules are being proposed for emergency action to implement a change in the nonresident tuition rate effective with the opening of the 1995 fall semester, as directed by House Bill 1792. The amendment is adopted on an emergency basis under House Bill 1792, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.2. Determination of Tuition Rate for Nonresident and Foreign Students [Determination of Cost of Education for Use in Determining the Tuition Rate for Nonresident and Foreign Students]. (a) Prior to January 1 of each calendar year in which the academic year begins, or as soon thereafter as is practicable, the Coordinating Board shall determine the tuition rate for nonresident and foreign students enrolled in general academic teaching and health-related institutions except in programs leading to a D.D.S., M.D., D.O., D.V.M., or law degree, and report the rate to the appropriate institutions.
      [Prior to January 1 of each odd-numbered year, the Texas Higher Education Coordinating Board shall determine the average cost of education per semester credit hour for general academic teaching institutions for the biennium that includes that year.] (b) The rate set per semester credit hour is to equal the average of the nonresident undergraduate tuition charged to a resident of this state at a public state university in each of the five most populous states other than Texas.
        [The cost will be computed on the general revenue appropriations and an estimate of applicable total income. Appropriations for special items, new construction or repair or rehabilitation of a facility will be excluded.] [(c) The cost of education per semester credit hour shall be the tuition rate to be charged to nonresident and foreign students by general academic institutions and health science centers, except in programs leading to a D.D.S., M.D., D.O., D.V.M., or law degree during each academic year of the succeeding biennium. [(d) The Coordinating Board shall report the tuition rates to the appropriate institutions as soon as possible after the tuition rates are determined.] Issued in Austin, Texas, on August 2, 1995. TRD-9509663 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 19 TAC sec.21.5 The Texas Higher Education Coordinating Board adopts on an emergency basis new sec.21.5, concerning general provisions. The rule is to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. The rules are being proposed for emergency action to implement the provisions of House Bill 2640 in the 1995 fall semester. The new section is adopted on an emergency basis under House Bill 2640, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.5. Refund of Tuition and Fees at Public Community/Junior and Technical Colleges. (a) A community/junior or technical college, as soon as practicable, shall refund the amount of fees and tuition in excess of the minimum tuition collected for courses from which students drop within the first 12 days of a fall or spring semester or within the first four days of a summer term. The institution may not delay a refund on the grounds that the student may withdraw from the institution later in the semester or term. An institution may assess a nonrefundable $15 matriculation fee if the student withdraws from the institution before the first day of classes. (b) A community/junior or technical college shall refund to a student withdrawing from the institution an amount equal to the product of the amount of tuition and mandatory fees collected for each course in which the student is enrolled on the date the student withdraws multiplied by the applicable percent derived from the following tables: (1) If the student withdraws during a fall or spring semester or comparable trimester: (A) prior to the first class day 100% (B) during the first five class days 80% (C) during the second five class days 70% (D) during the third five class days 50% (E) during the fourth five class days 25% (F) after the fourth five class days None; and (2) if the student withdraws during a summer term: (A) prior to the first class day 100% (B) during the first, second, or third class day 80% (C) during the fourth, fifth, or sixth class day 50% (D) seventh day of class and thereafter None. (c) Separate withdrawal refund schedules may be established for optional fees such as intercollegiate athletics, cultural entertainment, parking, and yearbooks. (d) A community/junior or technical college shall refund tuition and fees paid by a sponsor, donor, or scholarship to the source rather than directly to the student who has withdrawn if the funds were made available through the institution. (e) A community/junior or technical college may terminate student services and privileges, such as health services, library privileges, facilities usage, and athletic and cultural entertainment tickets when a student withdraws from the institution. (f) If a student withdraws from an institution because the student is called to active military service, the institution, at the student's option, shall: (1) refund the tuition and fees paid by the student for the semester in which the student withdraws; (2) grant a student, who is eligible under the institution's guidelines, an incomplete grade in all courses by designating "withdrawn-military" on the student's transcript; or (3) as determined by the instructor, assign an appropriate final grade or credit to a student who has satisfactorily completed a substantial amount of course work and who has demonstrated sufficient mastery of the course material. Issued in Austin, Texas, on August 2, 1995. TRD-9509661 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 Subchapter B. Determining Residence Status 19 TAC sec.sec.21.21, 21.26, 21.31, 21.32 The Texas Higher Education Coordinating Board adopts on an emergency basis amendments to sec.sec.21.21, 21.26, 21.31, and 21.32, concerning determining residence status. The rules are to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. The amendments are being proposed for emergency action to implement the provisions of sec.4, House Bill 1792, and House Bill 1836 for use in the determination of tuition for certain students in the 1995 fall semester. The amendments are adopted on an emergency basis under House Bill 1792, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.21. Minors and Dependents. (a) Residence of a Minor or a Dependent. The residence of a minor or dependent child is usually that of the parent with whom the individual resides. However, a dependent child who is not eligible to establish a domicile in the United States may not establish residence for tuition purposes based on his/her parent's residence. (b) Residence of a Dependent 18 Years of Age or Older. The residence of a dependent 18 years of age or older is that of the parent who claims the individual as a dependent for federal income tax purposes both for the year for which the individual is enrolling and for the preceding tax year. However, a dependent child who is not eligible to establish a domicile in the United States may not establish residence for tuition purposes based on his/her parent's residence. (c)-(j) (No change.) sec.21.26. Economic Development and Diversification Employees. An individual eligible to establish a domicile in Texas,
          who has come from outside Texas and registered in an educational institution before having resided in Texas for a 12-month period immediately preceding the date of registration and his dependents, are entitled to pay the tuition fee and other fees required of Texas residents if the individual has located in Texas as an employee of a business or organization within five years of the date that such business or organization became established in this state as part of the program of state economic development and diversification authorized by the constitution and laws of this state and if the individual files with the Texas institution of higher education at which he registers a letter of intent to establish residency in Texas. sec.21.31. Competitive [Academic] Scholarship Recipients. Certain students receiving competitive [academic] scholarships may be exempted from paying nonresident tuition rates. (1) To qualify for exemption from paying nonresident tuition rates a student must be awarded a competitive [academic] scholarship in the amount set out in subparagraphs (A)-(C) of this paragraph
            [of $200 or more] for the academic year, the summer session or both by an official scholarship committee or committees of the public institution of higher education they are
              [he or she is] attending. If nonresidents or foreign students in competition with other students, including Texas residents, obtain these competitive [academic] scholarships, the students may pay the same tuition as a resident of Texas during the registration period in which the competitive [academic] scholarship is in effect. At the time the competitive [academic] scholarship is made, the institution must designate the term or terms in which the scholarship will be in effect. [A competitive academic scholarship that qualifies the holder for waiver of the difference between the tuition charged to resident and nonresident students shall be awarded for the purpose of encouraging academic excellence in the academic program in which the student is enrolled. Effective in the 1989-1990 academic year] An
                [an] institution shall not waive nonresident tuition on the basis of competitive [academic] scholarships for more than 5.0% of its total enrollment in the corresponding semester or term of the previous academic year. If the recipient of the scholarship is concurrently enrolled at more than one institution, the waiver of nonresident tuition is only effective at the institution awarding the scholarship. (A) During the 1995-96 academic year, students awarded competitive academic scholarships prior to September 1, 1995 may receive a waiver of nonresident tuition for the period covered by the scholarship if the academic scholarship is for at least $200. (B) During the 1995-1996 academic year, students awarded academic and nonacademic competitive scholarships after September 1, 1995, must receive scholarships of at least $500 in order to qualify for a waiver of nonresident tuition during the period covered by the scholarship. (C) Beginning in fall 1996, competitive scholarships must be for at least $1,000 in order to qualify a student for a waiver of nonresident tuition during the period covered by the scholarship. (2) A nonresident or foreign student is eligible to pay the fees and charges required of Texas residents if the student holds a competitive academic scholarship or stipend and is accepted in a clinical biomedical research training program designed to lead to both a doctor of medicine and doctor of philosophy degree. sec.21.32. Tuition Reciprocity with Bordering States or Countries. (a) Residents of a state bordering Texas. Nonresidents who are residents of a state of the United States bordering Texas are entitled to pay Texas resident rates upon registering in a two-year institution in the Lamar University System, or in
                  any Texas public technical college or public junior college if the county in which the public technical college is located is within 100 miles of the state in which the nonresident student resides or the district of the public junior college includes any part of a county that is immediately adjacent to the state of the United States in which the nonresidents reside, provided that Texas residents are entitled to pay in-state fees and charges at a similar school in the bordering state. Nonresident public junior college students described in this section who have graduated or completed 45 semester credit hours at an eligible junior college shall be entitled to pay Texas resident rates at a Texas public senior upper level institution of higher education (those institutions offering only junior, senior and graduate level programs) which is located within the Texas public junior college district, provided that Texas residents are entitled to pay in-state fees and charges at a similar institution in the bordering state. (1)-(2) (No change.) (b) Citizens of Mexico. A citizen of Mexico who registers for instruction offered by a general academic institution in a county bordering Mexico or at Texas A&M University-Kingsville
                    is eligible to pay tuition equal to that charged Texas residents provided the student demonstrates a financial need after the resources of the student and the student's family have been considered. General academic teaching institutions other than Texas A&M University- Kingsville, located in counties which are not adjacent to Mexico, may allow a limited number of citizens of Mexico who demonstrate financial need to register and pay the Texas resident tuition rate at their institution. The number of such students each institution may enroll in any one term is not to exceed one eligible student per thousand of enrollment of the institution's total enrollment in that term. Institutions with fewer than 5000 students may enroll up to five eligible students. (c) Residents of adjacent counties of bordering states. A nonresident student who is a resident of a county or parish of Arkansas, Louisiana, New Mexico or Oklahoma that is adjacent to this state and who registers in a Texas public institution of higher education, the governing board of which has agreed to admit the student at the resident tuition fee prescribed by this chapter, shall pay tuition equal to that charged residents of this state at the institution. The state in which the student resides must allow a resident of a county of this state that is adjacent to that state to register in a public institution of higher education in that state at the tuition fee charged residents of that state. The admitting Texas institution must have on file a copy of a letter from the Chief Executive Officer of a neighboring state public institution which certifies that eligible Texas residents are entitled to pay in-state tuition at the neighboring state institution. To be valid, the certifying letter must have been issued no longer than two years before the start of the involved enrollment period; also, a copy of the letter must be filed with the Texas Higher Education Coordinating Board. Issued in Austin, Texas, on August 2, 1995. TRD-9509659 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 Subchapter BB. Pilot Program for Enrolling Students from Mexico 19 TAC sec.21.938 The Texas Higher Education Coordinating Board adopts an emergency basis an amendment to sec.21.938, concerning pilot program for enrolling students from Mexico. The rule is to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. The amendment is being proposed on an emergency basis to implement sec.4 of House Bill 1792, passed by the 74th session of the Legislature. The item needs emergency action in order for the benefits of the legislation to begin with the opening of the fall semester, the effective date of the legislation. The amendment is also being proposed for emergency action in order to relieve hardship at some institutions regarding the number of Mexican citizens eligible for waiver of the difference between resident and nonresident tuition. The strained financial circumstances of many Mexican citizens causes need for emergency action on this item in order for its advantages to be available in the 1995 fall semester. The amendment is adopted on an emergency basis under House Bill 1792, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.938. Numbers of Students Eligible to Participate in the Pilot Program. (a) Each border county program and Texas A&M University-Kingsville
                      may enroll an unlimited number of eligible students. (b) Each general academic teaching institution not located in a county immediately adjacent to Mexico, except Texas A&M University-Kingsville,
                        may enroll up to one eligible student per thousand of the institution's overall enrollment. Institutions with fewer than 5,000 students may enroll up to five eligible students.
                          [20 eligible students per year, no more than ten of which may be transfer students from border county programs. ] Issued in Austin, Texas, on August 2, 1995. TRD-9509653 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 Subchapter CC. Tuition Credit Program 19 TAC sec.sec.21.950-21.959 The Texas Higher Education Coordinating Board adopts on an emergency basis the repeal of sec.sec.21.950-21.959, concerning Tuition Credit Program. The repeals are to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days notice. The repeal of the rules is proposed for emergency action in order for the provisions of House Bill 1479 to be available to qualified scholarship recipients in the 1995 fall semester. The repeals are adopted on an emergency basis under House Bill 1479, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.950. Purpose. sec.21.951. Delegation of Powers and Duties. sec.21.952. Definitions. sec.21.953. Eligible Institutions. sec.21.954. Eligible Students. sec.21.955. Source of Funding. sec.21.956. Award Amounts. sec.21.957. Disbursement of Funds. sec.21.958. Refunds. sec.21.959. Reporting Requirements. Issued in Austin, Texas, on August 2, 1995. TRD-9509657 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 Subchapter CC. Early High School Graduation Scholarship Program 19 TAC sec.sec.21.950-21.959 The Texas Higher Education Coordinating Board adopts emergency new sec.sec.21. 950-21.959, concerning early high school graduation scholarship program. The rules are to be adopted on an emergency basis pursuant to the Texas Government Code, s2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. The new subchapter is being proposed for emergency action in order for the provisions of House Bill 1479 to be available to qualified scholarship recipients in the 1995 fall semester. The new sections are adopted on an emergency basis under House Bill 1479, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.950. Purpose. The purpose of the Early High School Graduation Scholarship Program is to increase the efficiency of the Foundation School Program and provide tuition assistance to eligible students. sec.21.951. Delegation of Powers and Duties. The Texas Higher Education Coordinating Board in cooperation with the Texas Education Agency shall administer the Early High School Graduation Scholarship Program. sec.21.952. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Board-The Texas Higher Education Coordinating Board. Commissioner-The commissioner of higher education, the chief executive officer of the board. High school graduate-An individual who has completed the requisite number of units, the prescribed courses, the examinations and other requirements and has received, or is eligible to receive, a high school diploma from a public high school in Texas. sec.21.953. Eligible Institutions. (a) The board shall approve for participation in the Early High School Graduation Scholarship Program any Texas public institution of higher education; or any nonprofit, independent Texas college or university which is a regular member of, or candidate for accreditation by the Commission on Colleges of the Southern Association of Colleges and Schools. Nonprofit, independent professional schools which award bachelor's or other higher degrees, and which are not members of the Commission on Colleges of the Southern Association of Colleges and Schools, may petition the board for consideration of approval. In any case, a theological or religious seminary shall not be eligible for approval. (b) The chief executive officer of an eligible institution shall designate a Program Officer for the Early High School Graduation Scholarship Program. Unless otherwise specified by the chief executive officer of the institution, the Director of Financial Aid at an eligible institution shall serve as the Program Officer for the Early High School Graduation Scholarship Program. The Program Officer shall be the board's on-campus agent to certify all institutional transactions, activities and reports with respect to the Early High School Graduation Scholarship Program. (c) To be eligible, an independent institution must provide a matching award for the state funds awarded through the Early High School Graduation Scholarship Program. sec.21.954. Eligible Students.
                            To be eligible to receive an award through the Early High School Graduation Scholarship Program, a person must: (1) graduate from a Texas public high school within thirty-six months of his/her original enrollment, having completed all years of high school in Texas; (2) provide the Program Officer proof of eligibility, in the form of a certificate issued by the board; (3) provide written approval of a parent or person standing in parental relation to the student; (4) be a Texas resident; and (5) not be a recipient of $1,000 through the Tuition Credit Program in operation in 1993 and 1994. sec.21.955. Source of Funding. Amounts sufficient to reimburse colleges for tuition scholarships awarded to students who meet the eligibility requirements of the program will be drawn from funds appropriated for Foundation School Program allocations and transferred to the board by the Commissioner of Education. sec.21.956. Award Amounts.
                              The amount awarded a student through this program may not exceed the least of: (1) the student's actual tuition charges for college credit courses (tuition for remedial or other non-college credit courses is not covered), (2) $1,000, or (3) the sum of $1,000 minus the amount the student received through the Tuition Credit Program. Students attending eligible independent institutions must receive an equal amount of institutional tuition gift assistance during the same enrollment period. sec.21.957. Awarding of Scholarships. (a) Students eligible for the tuition scholarships are to have their high schools provide the board a letter which attests to the student's eligibility with respect to early graduation, parental approval and high school enrollment only in Texas. The letter should also indicate the college or university the student plans to attend. (b) Upon receipt of the high school letter, the board will send a letter to the institution of higher education advising the institution of the student's potential eligibility. A copy of the board's letter will be sent to the student. (c) When the student registers at the institution, the institution is to verify the student's Texas resident status. If the student is a resident and the institution has a letter of eligibility from the board, it may then grant the student a tuition scholarship in the appropriate amount. (d) If the student chooses to attend an institution other than the one indicated in the high school letter, he/she should advise the board of the change and the board will send the new institution a letter of eligibility. (e) If the tuition award in the student's first semester in the Early High School Graduation Scholarship Program, combined with funds received through the Tuition Credit Program, is less than $1,000, the balance of the student's eligibility may be used in a subsequent semester. (f) Under no conditions may a student's total award through this program plus funds received through the Tuition Credit Program exceed $1,000 of state funds. sec.21.958. Refunds. The institution attended by a Tuition Credit award recipient who withdraws from a class or drops classes during the first four weeks of class will be expected to make a refund to the Early High School Graduation Scholarship Program for tuition received for the dropped classes in accordance with the following schedule: (1) If drop is before classes begin, refund full amount; (2) If drop is within first five days of classes, refund 80%; (3) If drop is within second five days of classes, refund 70%; (4) If drop is within third five days of classes, refund 50%; (5) If drop is during fourth five days of classes, refund 25%; (6) If drop is after the fourth five days of classes, no refund required. sec.21.959. Reporting Requirements. (a) Institutions wishing to receive state reimbursements for the tuition awards made through the Early High School Graduation Scholarship Program must submit a report to the board which includes (1) student name (2) student social security number (3) school district from which the student graduated from high school and (4) amount of tuition award. (b) Upon receipt of the report, the board will confirm that the student aggregate awards do not exceed $1,000 and will send each institution a check for the appropriate amount of tuition reimbursement for its students during that reporting period. Issued in Austin, Texas, on August 2, 1995. TRD-9509655 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160 Subchapter FF. State Scholarship Program for Ethnic Recruitment 19 TAC sec.sec.21.1010-21.1020 The Texas Higher Education Coordinating Board adopts on an emergency basis new Subchapter FF, sec.sec.21.1010-21.1020, concerning state scholarship program for ethnic recruitment. The rules are to be adopted on an emergency basis pursuant to the Texas Government Code, sec.2001.034, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rules on less than 30 days' notice. The rules are being proposed for emergency action in order to provide guidelines for use by institutions in making scholarship awards prior to opening of the 1995 fall semester. The new sections are adopted on an emergency basis under House Bill 1792, which provides the Texas Higher Education Coordinating Board with the authority to promulgate rules. sec.21.1010. Purpose. The purpose of the State Scholarship Program for Ethnic Recruitment is to encourage academically talented undergraduate and graduate minority students to participate in the higher education experience and to promote the ethnic diversity of institutions of higher education. sec.21.1011. Delegation of Powers and Duties. The Texas Higher Education Coordinating Board shall administer the State Scholarship Program for Ethnic Recruitment. sec.21.1012. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Board-The Texas Higher Education Coordinating Board. Commissioner-The commissioner of higher education, the chief executive officer of the board. Financial need -The cost of attendance at an institution of higher education less the expected family contribution and any gift aid for which the student is eligible. The cost of education and family contribution are to be determined in accordance with board guidelines. Half-time student -A student who has been formally admitted to the institution and is enrolled or is expected to be enrolled for a half-time course load as determined by the educational program in which he or she is enrolled. Ethnic minority -A member of an ethnic group (excluding non-resident aliens) comprising less than 40% of the students at the institution. Local funds-Funds from sources other than state appropriated funds. Program Officer -The State Scholarship for Ethnic Recruitment Program Officer designated by an eligible institution to represent the program described in this subchapter on that campus. sec.21.1013. Eligible Institutions. (a) An eligible institution of higher education may be any general academic teaching institution as defined in the Texas Education Code, sec.61. 003(3). (b) The chief executive officer of an eligible institution shall designate a Program Officer for the State Scholarship Program for Ethnic Recruitment. Unless otherwise specified by the chief executive officer of the institution, the Director of Financial Aid at an eligible institution shall serve as the Program Officer, and shall be the board's on-campus agent to certify all institutional transactions, activities and reports with respect to the State Scholarship Program for Ethnic Recruitment. (c) To participate, an otherwise eligible institution must match the funds provided by the state with local funds. sec.21.1014. Eligible Students.
                                To be eligible to receive an award through the State Scholarship Program for Ethnic Recruitment, a person must: (1) be a bona fide Texas resident; (2) be enrolled at an eligible institution on at least a half-time basis; (3) be enrolled as a freshman student who has graduated in the upper 1/3 of his/her high school class or have a composite SAT score of at least 830 or ACT score of at least 17; (4) be a new transfer undergraduate student with at least a 2.50 grade point average on a 4.00 point scale at the last college attended; (5) be enrolled as a continuing sophomore, junior, or senior who has a grade point average at this institution of at least 2.50 on a 4.00 scale; (6) be a new graduate student with at least a 2.50 grade point average on a 4.00 point scale in his/her undergraduate course work; (7) be a continuing graduate student with at least a 3.00 grade point average on a 4.00 point scale in all courses taken as a graduate student; (8) not be a recipient of any form of athletic scholarship; (9) show financial need; and (10) be a member of an ethnic minority that comprises less than 40% of the institution's student population. sec.21.1015. Source of Funding. Out of funds appropriated for the State Scholarship Program for Ethnic Recruitment, the Commissioner shall allocate funds to eligible institutions in proportion to the size of their eligible population in the preceding fall term. Institutions must provide local funds of an amount at least equal to the state funds provided. sec.21.1016. Award Amounts.
                                  No student's award may exceed the lesser of his/her financial need or $2,000 (half of which is state funds; half of which is institutional matching funds). A minimum of one disbursement per semester will be required. sec.21.1017. Certification and Disbursement Procedures. (a) Program officers are to determine student eligibility and submit applications for selected students to the board, along with the required matching funds. (b) The board will deposit the matching funds, process applications and request checks from the state Comptroller's office. (c) Upon receipt of the checks from the Comptroller, the board will forward them to institutional business offices, along with affirmation forms to be signed by students prior to the release of funds. (d) Any portion of an institution's allocation which is not encumbered by December 1 will be reallocated to other institutions on a first come/first served basis. After December 1, an institution may reuse funds from warrant cancellations or refunds only if replacement applications are submitted with the returned funds or within three working days. (e) No institution may receive more than 15% of the total appropriations in any one year. sec.21.1018. Refunds and Cancellations. (a) In no case shall funds be refunded to a withdrawing student but shall be returned to the board for deposit in the state treasury account from which originally drawn. Refunds are to be identified with student name, social security number and disbursement date and be returned to the board promptly. All refund accounts should be cleared as soon as possible or not later than 60 days after the date of issue. (b) In those cases in which a state check is not promptly received by a student or deposited (at the student's request) into the student's account, the check should be voided and returned to the board. No checks should be held by the institution for more than 60 days after the date of issue. sec.21.1019. Affirmation Forms.
                                    Each disbursement of scholarship funds must be documented. An affirmation form, indicating the amount of scholarship being disbursed to a particular student and confirming the student's eligibility must be signed by the receiving student. One copy of the signed affirmation form must be forwarded to the board. sec.21.1020. Program Review Requirements. Any institution whose students receive funds through the scholarship program in a year is subject to a program review. Issued in Austin, Texas, on August 2, 1995. TRD-9509665 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 483-6160