Texas Administrative Code Title 19

Education: As effective August 6, 2010

Table of Contents

Part 1

Chapter 1

Subchapter A

§1.1

§1.2

§1.3

§1.4

§1.5

§1.6

§1.7

§1.8

§1.9

§1.10

§1.11

§1.12

§1.13

§1.14

§1.15

§1.16

§1.17

§1.18

§1.19

Subchapter B

§1.20

§1.21

§1.22

§1.23

§1.24

§1.25

§1.26

§1.27

§1.30

§1.32

§1.33

§1.34

§1.35

§1.40

§1.41

§1.42

§1.43

§1.44

§1.45

§1.46

§1.47

§1.48

§1.60

§1.61

§1.62

§1.63

§1.64

§1.65

§1.66

§1.67

Subchapter C

§1.80

§1.81

§1.82

§1.83

§1.84

§1.85

§1.86

§1.87

Subchapter D

§1.96

§1.97

§1.98

§1.99

Chapter 4

Subchapter A

§4.1

§4.2

§4.3

§4.4

§4.5

§4.6

§4.7

§4.8

§4.9

§4.10

§4.11

Subchapter B

§4.21

§4.22

§4.23

§4.24

§4.25

§4.26

§4.27

§4.28

§4.29

§4.30

§4.31

§4.32

§4.33

§4.34

§4.35

§4.36

Subchapter C

§4.51

§4.52

§4.53

§4.54

§4.55

§4.56

§4.57

§4.58

§4.59

§4.60

§4.61

Subchapter D

§4.81

§4.82

§4.83

§4.84

§4.85

Subchapter F

§4.131

§4.132

§4.133

§4.134

§4.135

Subchapter G

§4.151

§4.152

§4.153

§4.154

§4.155

§4.156

§4.157

§4.158

§4.159

§4.160

§4.161

Subchapter H

§4.171

§4.172

§4.173

§4.174

§4.175

§4.176

§4.177

Subchapter I

§4.181

§4.182

§4.183

Subchapter J

§4.191

§4.192

§4.193

§4.194

§4.195

§4.196

Subchapter K

§4.201

§4.202

§4.203

§4.204

§4.205

§4.206

Subchapter M

§4.215

§4.216

§4.217

§4.218

Subchapter N

§4.225

§4.226

§4.227

§4.228

§4.229

Subchapter O

§4.240

§4.241

§4.242

§4.243

§4.244

§4.245

Subchapter P

§4.255

§4.256

§4.257

§4.258

§4.259

§4.260

§4.261

§4.262

§4.263

§4.264

Subchapter Q

§4.270

§4.271

§4.272

§4.273

§4.274

§4.275

§4.276

§4.277

§4.278

§4.279

Subchapter R

§4.285

§4.286

§4.287

§4.288

§4.289

§4.290

§4.291

§4.292

§4.293

Chapter 5

Subchapter A

§5.1

§5.2

§5.3

§5.4

§5.5

§5.7

Subchapter B

§5.21

§5.22

§5.23

§5.24

§5.25

§5.26

Subchapter C

§5.41

§5.42

§5.43

§5.44

§5.45

§5.46

§5.47

§5.48

§5.49

§5.50

§5.51

§5.52

Subchapter D

§5.71

§5.72

§5.73

§5.76

§5.78

Subchapter E

§5.91

§5.92

§5.93

§5.94

§5.95

§5.96

Subchapter F

§5.111

§5.112

§5.113

§5.114

§5.115

Subchapter G

§5.120

§5.121

§5.122

Subchapter H

§5.130

§5.131

§5.132

§5.133

§5.134

Chapter 6

Subchapter A

§6.1

§6.2

§6.3

§6.4

§6.5

§6.6

§6.7

§6.8

§6.9

§6.10

Subchapter B

§6.51

§6.52

§6.53

§6.54

§6.55

§6.56

Subchapter C

§6.71

§6.72

§6.73

§6.74

Subchapter D

§6.81

§6.82

§6.83

Chapter 7

Subchapter A

§7.1

§7.2

§7.3

§7.4

§7.5

§7.6

§7.7

§7.8

§7.9

§7.10

§7.11

§7.12

§7.13

Chapter 8

Subchapter A

§8.1

Subchapter B

§8.21

§8.22

§8.23

§8.24

§8.25

§8.26

§8.27

§8.28

§8.29

§8.30

§8.31

§8.32

§8.33

§8.34

§8.35

§8.36

Subchapter C

§8.51

§8.52

§8.53

§8.54

§8.55

§8.56

Subchapter D

§8.71

§8.72

§8.73

§8.74

§8.75

§8.76

Subchapter E

§8.91

§8.92

§8.93

§8.94

§8.95

§8.96

§8.97

§8.98

§8.99

§8.100

§8.101

§8.102

§8.103

Subchapter F

§8.121

§8.122

§8.123

§8.124

Chapter 9

Subchapter A

§9.1

Subchapter B

§9.21

§9.22

§9.23

§9.24

§9.25

§9.26

§9.27

§9.28

§9.29

§9.30

§9.31

Subchapter C

§9.51

§9.52

§9.53

§9.54

Subchapter D

§9.71

§9.72

§9.73

§9.74

§9.75

§9.76

§9.77

§9.80

Subchapter E

§9.91

§9.92

§9.93

§9.94

§9.95

§9.96

Subchapter F

§9.111

§9.112

§9.113

§9.114

§9.115

§9.116

§9.117

Subchapter G

§9.121

§9.122

§9.123

§9.124

§9.125

§9.126

§9.127

§9.128

Subchapter H

§9.141

§9.142

§9.143

§9.144

§9.146

Subchapter I

§9.161

§9.162

§9.163

Subchapter J

§9.181

§9.182

§9.183

§9.184

§9.185

§9.186

Subchapter K

§9.201

§9.202

§9.203

§9.204

§9.205

§9.206

Chapter 11

Subchapter A

§11.1

§11.2

§11.3

Subchapter B

§11.21

§11.22

§11.23

§11.24

§11.25

§11.27

§11.28

§11.29

§11.30

Chapter 13

Subchapter A

§13.1

Subchapter B

§13.20

§13.21

§13.22

§13.23

§13.24

Subchapter C

§13.40

§13.41

§13.42

§13.43

§13.44

§13.45

§13.46

§13.47

Subchapter D

§13.60

§13.61

§13.62

§13.63

§13.64

Subchapter E

§13.80

§13.81

§13.82

§13.83

§13.84

§13.85

§13.86

§13.87

Subchapter F

§13.100

§13.101

§13.102

§13.103

§13.104

§13.105

§13.106

§13.107

§13.108

§13.109

Subchapter G

§13.120

§13.121

§13.122

§13.123

§13.124

§13.125

§13.126

§13.127

Subchapter H

§13.140

§13.141

§13.142

§13.143

Subchapter I

§13.150

§13.151

§13.152

Subchapter J

§13.180

§13.181

§13.182

§13.183

§13.184

§13.185

§13.186

§13.187

Subchapter K

§13.190

§13.191

§13.192

§13.193

§13.194

§13.195

§13.196

§13.197

Subchapter L

§13.200

§13.201

§13.202

Chapter 14

Subchapter A

§14.1

§14.2

Subchapter B

§14.11

§14.12

§14.13

Subchapter C

§14.31

§14.32

§14.33

Subchapter D

§14.51

§14.52

§14.53

Subchapter E

§14.71

§14.72

§14.73

§14.74

§14.75

§14.76

§14.77

§14.78

§14.79

Subchapter F

§14.91

§14.92

§14.93

§14.94

§14.95

Chapter 15

Subchapter A

§15.1

§15.10

Chapter 17

Subchapter A

§17.1

§17.2

§17.3

Subchapter B

§17.10

§17.11

§17.12

§17.13

§17.14

Subchapter C

§17.20

§17.21

§17.22

Subchapter D

§17.30

Subchapter E

§17.40

§17.41

Subchapter F

§17.50

§17.51

§17.52

Subchapter G

§17.60

Subchapter H

§17.70

§17.71

Subchapter I

§17.80

§17.81

§17.82

Subchapter J

§17.90

§17.91

Subchapter K

§17.100

§17.101

Subchapter L

§17.110

§17.111

§17.112

§17.113

§17.114

Chapter 21

Subchapter A

§21.1

§21.2

§21.3

§21.4

§21.5

§21.6

§21.7

§21.8

§21.9

Subchapter B

§21.21

§21.22

§21.23

§21.24

§21.25

§21.26

§21.27

§21.28

§21.29

§21.30

Subchapter C

§21.51

§21.52

§21.53

§21.54

§21.55

§21.56

§21.57

§21.58

§21.59

§21.60

§21.61

§21.62

§21.63

§21.64

Subchapter D

§21.81

§21.82

§21.83

§21.84

§21.85

§21.86

§21.87

§21.88

§21.89

§21.90

§21.91

§21.92

§21.93

§21.94

§21.95

§21.96

§21.97

§21.98

§21.99

§21.100

Subchapter E

§21.121

§21.122

§21.123

§21.124

§21.125

§21.126

§21.127

§21.128

§21.129

§21.130

§21.131

§21.132

§21.133

Subchapter F

§21.151

§21.152

§21.153

§21.154

§21.155

§21.156

Subchapter G

§21.171

§21.172

§21.173

§21.174

§21.175

§21.176

Subchapter H

§21.191

§21.192

§21.193

§21.194

§21.195

§21.196

§21.197

§21.198

§21.199

§21.200

§21.201

§21.202

§21.203

§21.204

§21.205

§21.206

§21.207

Subchapter I

§21.221

§21.222

§21.223

§21.224

§21.225

§21.226

§21.227

§21.228

§21.229

§21.230

§21.231

§21.232

§21.233

§21.234

§21.235

§21.236

§21.237

§21.238

§21.239

§21.240

§21.241

Subchapter J

§21.251

§21.252

§21.253

§21.254

§21.255

§21.256

§21.257

§21.258

§21.259

§21.260

§21.261

§21.262

Subchapter K

§21.281

§21.282

§21.283

§21.284

§21.285

§21.286

§21.287

Subchapter L

§21.301

§21.302

§21.303

§21.304

§21.305

§21.306

§21.307

§21.308

§21.309

§21.310

§21.311

§21.312

§21.313

§21.314

§21.315

§21.316

§21.317

§21.318

§21.319

§21.320

§21.321

§21.322

§21.323

§21.324

§21.325

Subchapter M

§21.401

§21.402

§21.403

§21.404

§21.405

§21.406

§21.407

§21.408

§21.409

Subchapter N

§21.430

§21.431

§21.432

§21.433

§21.434

§21.435

§21.436

§21.437

§21.438

§21.439

§21.440

§21.441

§21.442

§21.443

§21.444

§21.445

§21.446

§21.447

§21.448

Subchapter O

§21.465

§21.466

§21.467

§21.468

§21.469

§21.470

§21.471

§21.472

§21.473

§21.474

§21.475

§21.476

§21.477

Subchapter P

§21.500

§21.501

§21.502

§21.503

§21.504

§21.505

§21.506

§21.507

§21.508

§21.509

§21.510

§21.511

Subchapter Q

§21.530

§21.531

§21.532

§21.533

§21.534

§21.535

§21.536

§21.537

§21.538

§21.539

§21.540

Subchapter R

§21.560

§21.561

§21.562

§21.563

§21.564

§21.565

§21.566

Subchapter S

§21.590

§21.591

§21.592

§21.593

§21.594

§21.595

§21.596

Subchapter T

§21.610

§21.611

§21.612

§21.613

§21.614

Subchapter V

§21.680

§21.681

§21.682

§21.683

§21.684

§21.685

§21.686

§21.687

§21.688

§21.689

§21.690

§21.691

§21.692

§21.693

§21.694

§21.695

§21.696

Subchapter W

§21.710

§21.711

§21.712

§21.713

§21.714

§21.715

§21.716

Subchapter Z

§21.800

§21.801

§21.802

§21.803

§21.804

§21.805

§21.806

§21.807

§21.808

§21.809

§21.810

§21.811

Subchapter AA

§21.901

§21.902

§21.903

§21.904

§21.905

§21.906

§21.907

§21.908

§21.909

§21.910

Subchapter BB

§21.931

§21.932

§21.933

§21.934

§21.935

§21.936

§21.937

§21.938

Subchapter CC

§21.950

§21.951

§21.952

§21.953

§21.954

§21.955

§21.956

§21.957

§21.958

§21.959

§21.960

Subchapter DD

§21.970

§21.971

§21.972

§21.973

§21.974

§21.975

§21.976

§21.977

§21.978

§21.979

§21.980

Subchapter EE

§21.990

§21.991

§21.992

§21.993

§21.994

Subchapter FF

§21.1010

§21.1011

§21.1012

§21.1013

§21.1014

§21.1015

§21.1016

§21.1017

Subchapter HH

§21.1052

§21.1053

§21.1054

§21.1055

§21.1056

§21.1057

§21.1058

§21.1059

§21.1060

§21.1061

§21.1062

§21.1063

§21.1064

§21.1065

§21.1066

§21.1067

§21.1068

Subchapter II

§21.1080

§21.1081

§21.1082

§21.1083

§21.1084

§21.1085

§21.1086

§21.1087

§21.1088

§21.1089

Subchapter JJ

§21.2001

§21.2002

§21.2003

§21.2004

§21.2005

§21.2006

§21.2007

§21.2008

Subchapter KK

§21.2020

§21.2021

§21.2022

§21.2023

§21.2024

§21.2025

§21.2026

Subchapter LL

§21.2050

§21.2051

§21.2052

§21.2053

§21.2054

§21.2055

§21.2056

Subchapter MM

§21.2080

§21.2081

§21.2082

§21.2083

§21.2084

§21.2085

§21.2086

§21.2087

§21.2088

§21.2089

Subchapter NN

§21.2099

§21.2100

§21.2101

§21.2102

§21.2103

§21.2104

§21.2105

§21.2106

§21.2107

§21.2108

§21.2109

§21.2110

§21.2111

Subchapter OO

§21.2200

§21.2201

§21.2202

§21.2203

§21.2204

§21.2205

§21.2206

§21.2207

Subchapter PP

§21.2220

§21.2221

§21.2222

Subchapter QQ

§21.2230

§21.2231

§21.2232

Subchapter RR

§21.2240

§21.2241

§21.2242

§21.2243

§21.2244

§21.2245

§21.2246

§21.2247

§21.2248

§21.2249

§21.2250

Chapter 22

Subchapter B

§22.21

§22.22

§22.23

§22.24

§22.25

§22.26

§22.27

§22.28

§22.29

§22.30

§22.31

§22.32

§22.33

§22.34

§22.35

Subchapter D

§22.61

§22.62

§22.63

§22.64

Subchapter E

§22.81

§22.82

§22.83

§22.84

§22.85

§22.86

Subchapter F

§22.101

§22.102

§22.103

§22.104

§22.105

§22.106

§22.107

§22.108

§22.109

§22.110

§22.111

Subchapter G

§22.121

§22.122

§22.123

§22.124

§22.125

§22.126

§22.127

§22.128

§22.129

§22.130

§22.131

Subchapter H

§22.141

§22.142

§22.143

§22.144

§22.145

§22.146

§22.147

§22.148

Subchapter I

§22.161

§22.162

§22.163

§22.164

§22.165

§22.166

§22.167

§22.168

§22.169

§22.170

§22.171

Subchapter J

§22.181

§22.182

§22.183

§22.184

§22.185

§22.186

§22.187

§22.188

Subchapter K

§22.196

§22.197

§22.198

§22.199

§22.200

§22.201

§22.202

Subchapter L

§22.225

§22.226

§22.227

§22.228

§22.229

§22.230

§22.231

§22.232

§22.233

§22.234

§22.235

§22.236

§22.237

§22.238

§22.239

§22.240

Subchapter M

§22.253

§22.254

§22.255

§22.256

§22.257

§22.258

§22.259

§22.260

§22.261

§22.262

§22.263

Subchapter N

§22.280

§22.281

§22.282

Subchapter O

§22.292

§22.293

§22.294

§22.295

§22.296

§22.297

Subchapter P

§22.302

§22.303

§22.304

§22.305

§22.306

§22.307

§22.308

§22.309

Subchapter Q

§22.312

§22.313

§22.314

§22.315

§22.316

§22.317

§22.318

Subchapter R

§22.401

§22.402

§22.403

§22.404

§22.405

§22.406

§22.407

Subchapter S

§22.501

§22.502

§22.503

§22.504

§22.505

§22.506

§22.507

§22.508

Subchapter T

§22.518

§22.519

§22.520

§22.521

§22.522

§22.523

Chapter 25

Subchapter A

§25.1

§25.2

§25.3

§25.4

§25.5

§25.6

Part 2

Chapter 30

Subchapter A

§30.1

Subchapter B

§30.21

§30.22

Subchapter AA

§30.1001

Subchapter BB

§30.2001

§30.2002

Chapter 33

§33.1

§33.2

§33.5

§33.10

§33.15

§33.20

§33.25

§33.30

§33.35

§33.40

§33.45

§33.50

§33.55

§33.60

§33.65

Chapter 53

Subchapter AA

§53.1001

§53.1002

Chapter 61

Subchapter A

§61.1

§61.2

Subchapter AA

§61.1011

§61.1012

§61.1015

§61.1016

§61.1018

§61.1019

Subchapter BB

§61.1021

§61.1022

§61.1025

§61.1027

§61.1028

Subchapter CC

§61.1032

§61.1033

§61.1034

§61.1035

§61.1036

§61.1037

Subchapter DD

§61.1041

Subchapter EE

§61.1051

Subchapter FF

§61.1061

Subchapter GG

§61.1071

Subchapter HH

§61.1081

Subchapter II

§61.1091

§61.1092

§61.1093

§61.1094

§61.1095

§61.1096

§61.1097

§61.1098

§61.1099

§61.1100

§61.1101

Subchapter JJ

§61.1201

Chapter 62

§62.1001

§62.1011

§62.1031

§62.1041

§62.1051

§62.1061

§62.1071

Chapter 66

Subchapter A

§66.1

§66.4

§66.7

§66.10

Subchapter B

§66.21

§66.22

§66.24

§66.27

§66.28

§66.30

§66.33

§66.36

§66.39

§66.42

§66.45

§66.48

§66.51

§66.54

§66.57

§66.60

§66.63

§66.66

§66.67

§66.69

§66.72

§66.73

§66.75

§66.78

Subchapter C

§66.101

§66.102

§66.104

§66.105

§66.107

Subchapter D

§66.121

§66.124

Subchapter E

§66.131

Chapter 74

Subchapter A

§74.1

§74.2

§74.3

§74.4

Subchapter B

§74.11

§74.12

§74.13

§74.14

Subchapter C

§74.21

§74.22

§74.23

§74.24

§74.25

§74.26

§74.27

§74.28

§74.29

§74.30

§74.31

§74.33

§74.34

§74.35

§74.36

§74.37

Subchapter D

§74.41

§74.42

§74.43

§74.44

Subchapter E

§74.51

§74.52

§74.53

§74.54

Subchapter F

§74.61

§74.62

§74.63

§74.64

Subchapter AA

§74.1001

Chapter 75

Subchapter AA

§75.1001

§75.1002

§75.1003

§75.1004

§75.1005

§75.1006

§75.1007

§75.1008

§75.1009

§75.1010

§75.1011

§75.1012

§75.1013

§75.1014

Subchapter BB

§75.1021

§75.1022

§75.1023

§75.1024

§75.1025

§75.1031

§75.1032

§75.1033

§75.1034

Chapter 76

Subchapter AA

§76.1001

§76.1003

Chapter 89

Subchapter A

§89.1

§89.2

§89.3

§89.4

§89.5

Subchapter B

§89.21

§89.22

§89.23

§89.24

§89.25

§89.26

§89.27

§89.28

§89.29

§89.30

§89.31

§89.32

§89.33

§89.34

§89.35

Subchapter C

§89.41

§89.42

§89.43

§89.44

§89.45

§89.46

§89.47

§89.48

Subchapter D

§89.61

§89.62

§89.63

Subchapter AA

Division 1

§89.1001

Division 2

§89.1011

§89.1015

§89.1035

§89.1040

§89.1045

§89.1047

§89.1049

§89.1050

§89.1052

§89.1053

§89.1055

§89.1056

§89.1065

§89.1070

§89.1075

§89.1076

§89.1080

§89.1085

§89.1090

§89.1096

Division 3

§89.1100

§89.1115

Division 4

§89.1121

§89.1125

Division 5

§89.1131

Division 6

§89.1141

Division 7

§89.1150

§89.1151

§89.1165

§89.1170

§89.1180

§89.1185

§89.1191

Subchapter BB

§89.1201

§89.1205

§89.1207

§89.1210

§89.1215

§89.1220

§89.1225

§89.1230

§89.1233

§89.1235

§89.1240

§89.1245

§89.1250

§89.1265

Subchapter CC

§89.1311

Subchapter DD

§89.1401

§89.1403

§89.1405

§89.1407

§89.1409

§89.1411

§89.1413

§89.1415

§89.1417

§89.1419

Subchapter EE

§89.1501

§89.1502

§89.1503

§89.1505

§89.1507

§89.1509

§89.1511

Subchapter FF

§89.1601

§89.1603

§89.1605

§89.1607

§89.1609

§89.1611

§89.1613

Subchapter GG

§89.1701

Subchapter HH

§89.1801

Chapter 95

§95.1001

Chapter 97

Subchapter A

§97.1

§97.2

§97.3

§97.4

Subchapter AA

§97.1001

§97.1004

§97.1005

Subchapter BB

§97.1011

§97.1012

Subchapter DD

§97.1031

§97.1033

§97.1035

§97.1037

Subchapter EE

§97.1051

§97.1053

§97.1055

§97.1057

§97.1059

§97.1061

§97.1063

§97.1064

§97.1065

§97.1067

§97.1069

§97.1071

§97.1073

Subchapter FF

§97.2001

Chapter 100

Subchapter A

§100.1

§100.101

§100.103

§100.105

Subchapter B

§100.201

Subchapter AA

Division 1

§100.1011

§100.1013

§100.1015

§100.1017

Division 2

§100.1021

§100.1022

§100.1023

§100.1025

§100.1027

§100.1029

§100.1031

§100.1033

§100.1035

§100.1037

Division 3

§100.1041

§100.1043

§100.1045

§100.1047

§100.1049

§100.1051

Division 4

§100.1063

§100.1065

§100.1067

§100.1069

§100.1071

§100.1073

Division 5

§100.1101

§100.1102

§100.1103

§100.1104

§100.1105

§100.1106

§100.1107

§100.1108

§100.1111

§100.1112

§100.1113

§100.1114

§100.1115

§100.1116

§100.1131

§100.1132

§100.1133

§100.1134

§100.1135

§100.1151

§100.1153

§100.1155

§100.1157

§100.1159

Division 6

§100.1201

§100.1203

§100.1205

§100.1207

§100.1209

§100.1211

§100.1213

§100.1215

§100.1217

Chapter 101

Subchapter A

§101.1

§101.3

§101.5

§101.7

§101.9

§101.11

§101.13

Subchapter B

§101.21

§101.25

§101.27

§101.29

§101.31

§101.33

Subchapter C

§101.61

§101.63

§101.65

Subchapter D

§101.81

§101.83

Subchapter E

§101.101

Subchapter AA

§101.1001

§101.1003

§101.1005

§101.1007

§101.1009

§101.1010

§101.1011

Subchapter BB

§101.2001

§101.2003

§101.2005

§101.2006

§101.2007

§101.2009

§101.2011

§101.2015

§101.2017

§101.2019

Subchapter CC

§101.3001

§101.3003

§101.3004

§101.3005

Subchapter DD

§101.4001

§101.4003

§101.4005

Subchapter EE

§101.5001

§101.5003

Subchapter FF

§101.6001

Chapter 102

Subchapter A

§102.1

Subchapter AA

§102.1001

§102.1002

Subchapter BB

§102.1011

§102.1013

§102.1015

§102.1017

Subchapter CC

§102.1031

Subchapter DD

§102.1041

Subchapter EE

§102.1051

§102.1053

§102.1054

§102.1055

§102.1056

§102.1058

Subchapter FF

§102.1071

§102.1073

Subchapter GG

§102.1091

Subchapter HH

§102.1101

Chapter 103

Subchapter AA

§103.1001

§103.1003

Subchapter BB

§103.1101

Subchapter CC

§103.1201

Chapter 105

Subchapter A

§105.1

Subchapter B

§105.11

§105.12

Subchapter AA

§105.1001

Subchapter CC

§105.1021

§105.1022

§105.1023

Chapter 109

Subchapter A

§109.1

Subchapter B

§109.21

§109.23

§109.25

Subchapter C

§109.41

Subchapter D

§109.51

§109.52

Subchapter AA

§109.1001

§109.1002

§109.1003

§109.1004

§109.1005

Chapter 110

Subchapter A

§110.10

§110.11

§110.12

§110.13

§110.14

§110.15

§110.16

Subchapter B

§110.17

§110.18

§110.19

§110.20

§110.25

§110.26

Subchapter C

§110.30

§110.31

§110.32

§110.33

§110.34

§110.46

§110.47

§110.48

§110.49

§110.50

§110.51

§110.52

§110.53

§110.54

§110.55

§110.56

§110.57

§110.58

§110.59

§110.60

§110.61

§110.62

§110.63

§110.64

§110.65

§110.66

Subchapter D

§110.81

§110.82

§110.83

§110.84

§110.85

§110.86

§110.87

§110.88

Chapter 111

Subchapter A

§111.11

§111.12

§111.13

§111.14

§111.15

§111.16

§111.17

Subchapter B

§111.21

§111.22

§111.23

§111.24

Subchapter C

§111.31

§111.32

§111.33

§111.34

§111.35

§111.36

Subchapter D

§111.51

§111.52

§111.53

§111.54

§111.55

§111.56

§111.57

§111.58

§111.59

§111.60

§111.61

Chapter 112

Subchapter A

§112.1

§112.2

§112.3

§112.4

§112.5

§112.6

§112.7

§112.10

§112.11

§112.12

§112.13

§112.14

§112.15

§112.16

Subchapter B

§112.17

§112.18

§112.19

§112.20

§112.21

§112.22

§112.23

§112.24

Subchapter C

§112.31

§112.32

§112.33

§112.34

§112.35

§112.36

§112.37

§112.38

§112.39

§112.41

§112.42

§112.43

§112.44

§112.45

§112.46

§112.47

§112.48

§112.49

Subchapter D

§112.61

§112.62

§112.63

§112.64

§112.65

§112.66

§112.67

§112.68

§112.69

§112.70

§112.71

§112.72

Chapter 113

Subchapter A

§113.1

§113.2

§113.3

§113.4

§113.5

§113.6

§113.7

Subchapter B

§113.21

§113.22

§113.23

§113.24

Subchapter C

§113.31

§113.32

§113.33

§113.34

§113.35

§113.36

§113.37

§113.38

§113.39

Subchapter D

§113.51

§113.52

§113.53

§113.54

§113.55

§113.56

§113.57

§113.58

§113.59

§113.60

§113.61

§113.62

§113.63

§113.64

§113.65

§113.66

§113.67

§113.68

§113.69

§113.70

Chapter 114

Subchapter A

§114.1

§114.2

Subchapter B

§114.11

§114.12

Subchapter C

§114.21

§114.22

§114.23

§114.24

§114.25

§114.26

§114.27

§114.28

§114.29

Chapter 115

Subchapter A

§115.1

§115.2

§115.3

§115.4

§115.5

§115.6

§115.7

Subchapter B

§115.21

§115.22

§115.23

Subchapter C

§115.31

§115.32

§115.33

Chapter 116

Subchapter A

§116.1

§116.2

§116.3

§116.4

§116.5

§116.6

§116.7

Subchapter B

§116.21

§116.22

§116.23

§116.24

Subchapter C

§116.51

§116.52

§116.53

§116.54

§116.55

§116.56

Chapter 117

Subchapter A

§117.1

§117.2

§117.3

§117.4

§117.5

§117.6

§117.7

§117.8

§117.9

§117.10

§117.11

§117.12

§117.13

§117.14

§117.15

§117.16

§117.17

§117.18

§117.19

Subchapter B

§117.31

§117.32

§117.33

§117.34

§117.35

§117.36

§117.37

§117.38

§117.39

§117.40

Subchapter C

§117.51

§117.52

§117.53

§117.54

§117.55

§117.56

§117.57

§117.58

§117.59

§117.60

§117.61

§117.62

§117.63

§117.64

§117.65

§117.66

§117.67

Chapter 118

Subchapter A

§118.1

§118.2

Subchapter B

§118.11

§118.12

§118.13

§118.14

§118.15

§118.16

§118.17

Chapter 119

Subchapter A

§119.1

§119.2

§119.3

Subchapter B

§119.11

§119.12

§119.13

Subchapter C

§119.21

§119.22

§119.23

§119.24

§119.25

§119.26

§119.27

§119.28

Subchapter D

§119.41

§119.42

§119.43

§119.44

§119.45

§119.46

§119.47

§119.48

§119.49

§119.50

§119.51

§119.52

§119.53

§119.54

§119.55

§119.56

§119.57

§119.58

§119.59

§119.60

§119.61

§119.62

§119.63

§119.64

§119.65

§119.66

§119.67

§119.68

§119.69

Subchapter E

§119.81

§119.82

§119.83

§119.84

§119.85

§119.86

§119.87

§119.88

Subchapter F

§119.101

§119.102

Chapter 120

Subchapter A

§120.1

§120.2

§120.3

§120.4

§120.5

Subchapter B

§120.21

§120.22

§120.23

§120.24

§120.25

§120.26

§120.27

Subchapter C

§120.41

§120.42

§120.43

§120.44

§120.45

§120.46

§120.47

§120.48

§120.49

Subchapter D

§120.61

§120.62

§120.63

§120.64

§120.65

§120.66

Subchapter E

§120.81

§120.82

Chapter 121

Subchapter A

§121.1

§121.2

§121.3

§121.4

§121.5

Subchapter B

§121.11

§121.12

§121.13

§121.14

§121.15

Subchapter C

§121.21

§121.22

§121.23

§121.24

§121.25

§121.26

Subchapter D

§121.31

§121.32

Chapter 122

Subchapter A

§122.1

§122.2

Subchapter B

§122.11

§122.12

§122.13

§122.14

Subchapter C

§122.21

§122.22

§122.23

§122.24

Subchapter D

§122.31

§122.32

§122.33

§122.34

Subchapter E

§122.41

§122.42

§122.43

Subchapter F

§122.51

§122.52

§122.53

§122.54

Subchapter G

§122.61

§122.62

§122.63

Subchapter H

§122.71

§122.72

§122.73

§122.74

Subchapter I

§122.81

§122.82

§122.83

§122.84

Subchapter J

§122.91

§122.92

Subchapter K

§122.101

§122.102

§122.103

Chapter 123

Subchapter A

§123.1

§123.2

Subchapter B

§123.11

§123.12

§123.13

§123.14

§123.15

§123.16

Subchapter C

§123.31

§123.32

§123.33

Subchapter D

§123.41

§123.42

§123.43

§123.44

§123.45

§123.46

§123.47

Subchapter E

§123.61

§123.62

§123.63

§123.64

§123.65

§123.66

§123.67

§123.68

Subchapter F

§123.81

§123.82

§123.83

Subchapter G

§123.91

§123.92

§123.93

Chapter 124

Subchapter A

§124.1

§124.2

Subchapter B

§124.11

§124.12

§124.13

§124.14

Subchapter C

§124.21

§124.22

§124.23

§124.24

§124.25

Subchapter D

§124.31

§124.32

§124.33

Subchapter E

§124.41

§124.42

§124.43

§124.44

§124.45

§124.46

§124.47

Subchapter F

§124.61

§124.62

Chapter 125

Subchapter A

§125.1

§125.2

§125.3

§125.4

§125.5

§125.6

§125.7

Subchapter B

§125.21

§125.22

§125.23

§125.24

§125.25

§125.26

§125.27

§125.28

§125.29

§125.30

Subchapter C

§125.41

§125.42

§125.43

§125.44

§125.45

§125.46

§125.47

Subchapter D

§125.61

§125.62

§125.63

§125.64

§125.65

Subchapter E

§125.71

§125.72

§125.73

§125.74

§125.75

§125.76

§125.77

§125.78

§125.79

§125.80

Subchapter F

§125.91

§125.92

§125.93

§125.94

§125.95

§125.96

§125.97

§125.98

§125.99

Subchapter G

§125.111

§125.112

§125.113

§125.114

§125.115

Subchapter H

§125.121

§125.122

Chapter 126

Subchapter A

§126.1

§126.2

§126.3

Subchapter B

§126.11

§126.12

Subchapter C

§126.21

§126.22

§126.23

§126.24

§126.25

§126.26

§126.27

§126.28

§126.29

Chapter 127

Subchapter A

§127.1

§127.2

§127.3

§127.4

Subchapter B

§127.11

§127.12

§127.13

§127.14

§127.15

Chapter 128

Subchapter A

§128.10

§128.11

§128.12

§128.13

§128.14

§128.15

§128.16

Subchapter B

§128.17

§128.18

Subchapter C

§128.30

§128.31

§128.32

Chapter 129

Subchapter A

§129.1

Subchapter B

§129.21

Subchapter AA

§129.1021

§129.1023

§129.1025

§129.1027

§129.1029

Chapter 150

Subchapter AA

§150.1001

§150.1002

§150.1003

§150.1004

§150.1005

§150.1006

§150.1007

§150.1009

§150.1010

Subchapter BB

§150.1021

§150.1022

Chapter 153

Subchapter AA

§153.1001

Subchapter BB

§153.1011

Subchapter CC

§153.1021

§153.1022

Subchapter DD

§153.1101

§153.1103

§153.1105

§153.1107

§153.1109

§153.1111

§153.1113

§153.1115

§153.1117

Chapter 157

Subchapter A

§157.1

§157.2

§157.3

§157.4

Subchapter D

§157.41

Subchapter AA

§157.1041

§157.1042

§157.1043

§157.1044

§157.1045

§157.1046

§157.1047

§157.1048

§157.1049

§157.1050

§157.1051

§157.1052

§157.1053

§157.1054

§157.1055

§157.1056

§157.1057

§157.1058

§157.1059

§157.1060

§157.1061

Subchapter BB

§157.1071

§157.1072

§157.1073

Subchapter CC

§157.1081

§157.1082

§157.1083

§157.1084

Subchapter DD

§157.1101

§157.1102

§157.1103

Subchapter EE

§157.1151

§157.1153

§157.1155

§157.1157

§157.1159

§157.1161

§157.1163

§157.1165

§157.1167

§157.1169

§157.1171

§157.1173

Chapter 161

§161.1001

§161.1002

§161.1003

Chapter 176

Subchapter AA

§176.1001

§176.1002

§176.1003

§176.1004

§176.1005

§176.1006

§176.1007

§176.1008

§176.1009

§176.1010

§176.1011

§176.1012

§176.1013

§176.1014

§176.1015

§176.1016

§176.1017

§176.1018

§176.1019

Subchapter BB

§176.1101

§176.1102

§176.1103

§176.1104

§176.1105

§176.1106

§176.1107

§176.1108

§176.1109

§176.1110

§176.1111

§176.1112

§176.1113

§176.1114

§176.1115

§176.1116

§176.1117

§176.1118

Subchapter CC

§176.1201

§176.1202

§176.1203

§176.1204

§176.1205

§176.1206

§176.1207

§176.1208

§176.1209

§176.1210

§176.1211

Subchapter DD

§176.1301

Part 6

Chapter 201

§201.1

§201.5

§201.9

§201.13

§201.17

§201.21

§201.25

§201.29

Chapter 203

§203.1

§203.5

§203.10

§203.20

§203.25

§203.30

Chapter 205

§205.1

§205.11

§205.21

§205.31

§205.41

§205.51

§205.61

Part 7

Chapter 227

§227.1

§227.5

§227.10

§227.15

§227.20

Chapter 228

§228.1

§228.2

§228.10

§228.20

§228.30

§228.35

§228.40

§228.50

§228.60

Chapter 229

§229.1

§229.2

§229.3

§229.4

§229.5

§229.6

§229.7

§229.8

§229.9

Chapter 230

Subchapter A

§230.1

Subchapter B

§230.5

Subchapter M

§230.411

§230.412

§230.413

Subchapter N

§230.431

§230.432

§230.433

§230.434

§230.435

§230.436

§230.437

§230.438

Subchapter O

§230.461

§230.462

§230.463

§230.464

Subchapter P

§230.481

§230.482

§230.483

Subchapter Q

§230.501

§230.502

§230.503

§230.504

§230.505

§230.506

§230.507

§230.512

Subchapter S

§230.551

§230.552

§230.553

§230.554

§230.555

§230.559

§230.560

Subchapter V

§230.610

Chapter 231

§231.1

Chapter 232

Subchapter A

§232.1

§232.2

§232.3

§232.4

§232.5

§232.6

Subchapter B

§232.800

§232.810

§232.820

§232.830

§232.840

§232.850

§232.851

§232.860

§232.870

§232.871

§232.872

§232.880

§232.890

Subchapter C

§232.901

§232.903

§232.905

§232.907

§232.909

Chapter 233

§233.1

§233.2

§233.3

§233.4

§233.5

§233.6

§233.7

§233.8

§233.9

§233.10

§233.11

§233.12

§233.13

§233.14

§233.15

Chapter 239

Subchapter A

§239.1

§239.5

§239.10

§239.15

§239.20

§239.25

§239.30

Subchapter B

§239.40

§239.45

§239.50

§239.55

§239.60

§239.65

§239.70

Subchapter C

§239.80

§239.81

§239.82

§239.83

§239.84

§239.85

§239.86

Subchapter D

§239.90

§239.91

§239.92

§239.93

§239.94

§239.95

Subchapter E

§239.100

§239.101

§239.102

§239.103

§239.104

Chapter 241

§241.1

§241.5

§241.10

§241.15

§241.20

§241.25

§241.30

Chapter 242

§242.1

§242.5

§242.10

§242.15

§242.20

§242.25

§242.30

Chapter 244

§244.1

§244.2

§244.3

§244.4

Chapter 245

§245.1

§245.5

§245.10

§245.15

Chapter 247

§247.1

§247.2

Chapter 249

Subchapter A

§249.3

§249.4

§249.5

§249.6

§249.7

§249.8

§249.9

§249.10

Subchapter B

§249.11

§249.12

§249.13

§249.14

§249.15

§249.16

§249.17

Subchapter C

§249.18

§249.19

§249.20

§249.21

§249.22

§249.23

§249.24

§249.25

§249.26

§249.27

§249.28

§249.29

Subchapter D

§249.30

§249.31

§249.32

§249.33

§249.34

§249.35

Subchapter E

§249.36

§249.37

§249.38

§249.39

§249.40

§249.41

§249.42

§249.43

§249.44

Chapter 250

Subchapter A

§250.1

§250.2

§250.3

Subchapter B

§250.20

Subchapter C

§250.30

§250.31

§250.32

§250.33

§250.34

Subchapter D

§250.40

§250.41

§250.42

§250.43

§250.44

§250.45

§250.46

§250.47

§250.48

§250.49

Part 8

Chapter 300

§300.1

§300.2

§300.3

Part 1

Chapter 1

Subchapter A

§1.1: Dates for Regular Quarterly Meetings of the Board

Regular quarterly meetings of the Coordinating Board, hereinafter referred to as the Board, will be held in January, April, July, and October, with the understanding that the chair may at a regular quarterly meeting, alter the date of a subsequent meeting.

Comments

Source Note: The provisions of this §1.1 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.2: Authority of the Commissioner to Interpret Rules

Except as otherwise provided, no provisions of Board rules shall be deemed exhaustive of the jurisdiction of the Commissioner of Higher Education, hereinafter referred to as the Commissioner. The Commissioner shall have the responsibility to interpret Board rules whenever interpretation is necessary so that the business of the Board may move along with order and expediency.

Comments

Source Note: The provisions of this §1.2 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.3: Educational Data

To enable the Board to comply with the requirements of the legislature concerning the collection of data, each public junior and senior institution of higher education shall submit such reports to the Board as may be prescribed by the Educational Data Reporting System.

Comments

Source Note: The provisions of this §1.3 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.4: Rules of Order

When formal procedures are required in a Board meeting, the meeting shall be conducted under the rules of parliamentary law as set forth in the current edition of Roberts Rules of Order.

Comments

Source Note: The provisions of this §1.4 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.5: Coordinating Board Committees

(a) The chair of the Board shall appoint committees from the Board's membership as appropriate to conduct the business of the Board and shall designate the chair and vice chair of each committee.

(b) A committee meeting may be called by the committee chair. The designated committee chair shall conduct each committee meeting.

(c) Committees will adopt recommendations on the agenda items for consideration by the Board. In the event a decision cannot be reached by a committee on any agenda item, the Board will consider that agenda item without a recommendation from the committee.

(d) Each member of the Board may participate in all committee meetings. However, only committee members may vote on committee actions.

Comments

Source Note: The provisions of this §1.5 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective November 29, 2007, 32 TexReg 8482

§1.6: Advisory Committees

(a) The Board may appoint advisory committees from outside the Board's membership to advise the Board as it may deem necessary, and the Commissioner may appoint advisory committees from outside the Board staff to advise the staff as the Commissioner may deem necessary.

(b) The use of advisory committees by the Board or by the Commissioner shall be in compliance with the provisions of Texas Government Code, Chapter 2110 regarding the composition and duration of committees, the reimbursement of committee member's expenses, the evaluation of committees, and the reporting to the Legislative Budget Board.

(c) An advisory committee is automatically abolished on the fourth anniversary of the date of its creation unless it has a specific duration prescribed by statute. A written statement shall be prepared by the Commissioner or his or her designee for each advisory committee setting forth the purpose of the committee, the task of the committee, the manner in which the committee will report to the Board or the Commissioner, the date on which the committee is created, and the date on which the committee will automatically be abolished. The written statements shall be maintained on file in the Board offices. At each quarterly Board meeting the Commissioner shall report to the Board any advisory committees created or abolished by effect of this rule since the previous quarterly meeting.

Comments

Source Note: The provisions of this §1.6 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.7: Petition for the Adoption of Rules

(a) An interested person by petition to the agency may request the adoption, amendment, or repeal of a rule.

(b) A petition under this section shall be in writing and shall contain:

(1) a specific reference to the agency's statutory authority to enact such a rule;

(2) the chapter and subchapter of the agency's rules in which, in the petitioner's opinion, the rule belongs;

(3) the reason that the petitioner believes the proposed rule is needed or desirable, in narrative form, with sufficient particularity to inform the board and any interested party fully of the facts upon which petitioner relies;

(4) the language that the petitioner proposes for adoption, in the exact form in which the petitioner wishes the rule or rules to be promulgated, published, or adopted;

(5) the petitioner's name, address, phone number, and signature. If the petitioner is represented by an attorney, the attorney shall give his or her bar card number, address, phone number, and fax number.

(c) The petition shall be served upon the Commissioner by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition.

(d) Upon receipt of the petition for adoption of rule, the petition shall be referred to the agency's General Counsel for a determination whether the prerequisites found herein have been met.

(1) If the General Counsel finds that the petition prerequisites have been met, he or she shall refer the matter to the ADR coordinator for scheduling and reporting purposes, and to the Assistant Commissioner whose Division has jurisdiction over the subject matter of the proposed rule or rules for response. Not later than the 60th day after the date of submission of a petition under this section, the Assistant Commissioner to whom the matter was assigned shall:

(A) either:

(i) deny the petition in writing, stating its reasons for the denial; or

(ii) initiate a rulemaking proceeding under this subchapter; and

(B) report the determination to the ADR coordinator.

(2) If the General Counsel finds that prerequisites have not been met, he or she shall notify the petitioner in writing that the petition fails to meet the prerequisites herein, and the manner in which it failed.

Comments

Source Note: The provisions of this §1.7 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.8: Historically Underutilized Business (HUBs) Program

In accordance with the Government Code, §2161.003, the Board adopts by reference the rules of the Texas Building and Procurement Commission, found at Title 1 Texas Administrative Code, §§111.11 - 111.28, concerning the Historically Underutilized Business (HUB) Program. For purposes of implementing the GSC rules at the board, references to state agency or agency shall be considered to be a reference to the board.

Comments

Source Note: The provisions of this §1.8 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.9: Training for Members of Governing Boards and Board Trustees

(a) The Board shall provide training for members of institutional governing boards in accordance with provisions set forth in Texas Education Code, §61.084.

(b) The Board may prescribe an alternative training program for members of governing boards as permitted in §61.084.

(c) A registration fee will be paid by seminar participants in an amount adequate to cover the costs incurred by the Board and other state agencies in providing the program. Such amount will be determined prior to each seminar.

Comments

Source Note: The provisions of this §1.9 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.10: Administration of the Open Records Act

(a) The agency requires that all public information requests be in writing unless there are special circumstances. The Commissioner or his or her designee may determine whether a verbal request may be accepted.

(b) The person handling the request for public information shall review the request and determine what records are requested; who is requesting the records; whether inspection or actual copies of the records are requested; and whether the requested records are open, confidential, or partially open and partially confidential. The Office of General Counsel shall provide assistance in making these determinations.

(c) To the extent possible, the agency shall attempt to accommodate a requestor by providing information in the format requested. For example, if a requestor asks that information be provided on a diskette and the requested information is electronically stored, the agency will provide the information on diskette. The agency is not required to acquire software, hardware, or programming capabilities that it does not already possess to accommodate a particular kind of request except in accordance with the Open Records Act, (Texas Government Code, §552.231).

(d) Provision of a copy of public information in the requested medium must not violate the terms of any copyright agreement between the agency and a third party.

(e) Charges for public records shall be made in accordance with the rates established in the rules of the Texas Building and Procurement Commission with the following exceptions:

(1) The agency, at its discretion, may provide public information without charge or at a reduced charge if the waiver or reduction of the charge is in the public interest, because providing the copies primarily benefits the general public, or if the cost for the collection of a charge will exceed the amount of the charge.

(2) The agency may set the price for publications it publishes for public dissemination or it may disseminate them free of charge. This rule does not limit the costs of agency publications.

(f) The person handling the request for public information must have the records ready for inspection or copies duplicated within 10 business days after the date the agency received the request. If the records cannot be produced for inspection or duplication within 10 business days after the date the agency received the request, the agency shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication.

(1) Prior to the end of the 10 business days or the set date and hour, if applicable, the agency shall notify the requestor of the estimated costs if the costs will be over $100.

(2) The agency may require a cash deposit on requests for copies of public information which are estimated to exceed $100.

(3) All efforts shall be made to process requests as efficiently as possible so that requested information will be provided at the lowest possible charge.

(4) Full disclosure shall be made to the requesting party as to how the charges were calculated.

(5) All charges for public information must be paid to the agency before the public information is actually provided to the requestor by inspection or duplication. Failure of the requestor to pay the costs of the copies within 30 days of notification of the estimated costs, or a longer period of time, if granted by the agency, shall be considered a withdrawal of the request for information.

(6) If a request for information requires programming or manipulation of data pursuant to Texas Government Code, §552.231, the time frame in this subsection shall not apply until the requestor files the written statement described in the Texas Government Code, §552.231(d)(1) or (2). Once the written statement is filed, the agency shall comply with this subsection.

Comments

Source Note: The provisions of this §1.10 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.11: Protest Procedures for Resolving Vendor Protests Relating to Purchasing Issues

(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Director of Business Services (the director). Such protests must be in writing and received in the director's office within 10 working days after such aggrieved person knows, or reasonably should have known, of the occurrence of the action which is protested, unless the director finds that good cause for delay is shown, or determines that a protest or appeal raises issues significant to the agency's procurement practices or procedures.

(b) Formal protests must conform to the requirements of this paragraph and paragraph (d) of this section, and shall be resolved in accordance with the procedure set forth in paragraphs (d) and (e) of this section. Copies of the protest must be mailed or delivered by the protestant to the other interested parties. For the purposes of this section, "interested parties" are all vendors who have submitted bids or proposals for the contract involved. Names and addresses of all interested parties may be obtained by sending a written request for this information to the director.

(c) In the event of a timely protest or appeal under this section, the agency shall not proceed further with the solicitation or with the award of the contract unless the director makes a written determination that the expeditious award of contract is necessary to protect substantial interests of the state. A copy of this determination shall be mailed to the protestant.

(d) A formal protest petition must be sworn and must contain:

(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this section;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to the other interested parties.

(e) The director shall have the authority to settle and resolve the dispute concerning the solicitation or award of a contract. The director may solicit written responses to the protest petition from other interested parties, and if he or she makes such a request, the protestant shall be given notice of the director's request and of any written responses to the request that the director receives. The director may consult with the Texas Building and Procurement Commission and the office of the General Counsel of the Board concerning the dispute.

(f) If the protest is not resolved by mutual agreement, the director shall issue a written determination on the protest.

(1) If the director determines that no violation of rules or statutes has occurred, he or she shall inform the protestant and other interested parties by a letter that sets forth the reasons for the determination.

(2) If the director determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he shall inform the protestant and other interested parties by a letter that sets forth the reasons for the determination and the remedial action that he or she has determined is appropriate.

(3) If the director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he shall inform the protestant and other interested parties by a letter which sets forth the reasons for the determination. In such a case, the director has the authority to declare the contract void. If he or she declares the contract void, this fact shall be included in the determination letter.

(g) The director's determination on a protest may be appealed by an interested party to the Assistant Commissioner for Administrative Services. An appeal of the director's determination must be in writing and must be received in the Assistant Commissioner for Administrative Services' office no later than 10 working days after the date of the director's determination. An appeal of the determination shall be limited to those issues raised in the protest petition and the determination letter. Copies of the appeal must be mailed or delivered by the appealing party to the other interested parties and must contain a sworn statement that such copies have been provided.

(h) The Assistant Commissioner for Administrative Services shall review the protest petition, the director's requests for input, and any written responses previously received from other interested parties, the determination, and the appeal, and shall issue a written decision on the protest.

(i) A decision issued in writing by the Assistant Commissioner for Administrative Services shall be the final administrative action of the agency.

Comments

Source Note: The provisions of this §1.11 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.12: Foreign Travel

Appropriated funds may not be used to pay expenses for a trip to foreign countries, except for Canada and Mexico, unless the Board has approved the travel before departure. The Board delegates the authority to approve foreign travel to the Commissioner of Higher Education. The Commissioner shall report annually to the Governor's Office of Budget and Planning and the Legislative Budget Board on all foreign travel and the required approvals.

Comments

Source Note: The provisions of this §1.12 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.13: Internal Auditor

(a) The Board shall appoint an internal auditor.

(b) The internal auditor shall report directly to the Board on all matters except for those administrative matters that require the decision of the Commissioner.

(c) The Board shall receive the advice and counsel of the Commissioner regarding matters of termination, discipline, transfer, or reclassification or changes in powers, duties or responsibilities of the internal auditor.

(d) The internal auditor shall develop an annual audit plan, conduct audits as specified in the audit plan and document deviations, and discuss audit reports with the Administration and Financial Planning Committee of the Board.

(e) The internal auditor shall provide all audit reports directly to the Board.

Comments

Source Note: The provisions of this §1.13 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.14: Negotiated Rulemaking

(a) The Board encourages negotiated rulemaking whenever appropriate. Rulemaking may be negotiated informally, in the manner that has been established by this agency, or it may be negotiated formally, in accordance with the procedures established in the Texas Government Code, at Chapter 2008.

(b) If the Assistant Commissioner whose Division has jurisdiction over the subject matter of the rule or rules to be adopted concludes that the agency may benefit from formal negotiated rulemaking, he or she shall request that the agency's ADR coordinator assist in determining whether it is advisable to proceed under the procedures established in Chapter 2008 of the Texas Government Code. If the ADR coordinator concludes that formal rulemaking is not advisable, the agency may nonetheless engage in informal negotiated rulemaking.

Comments

Source Note: The provisions of this §1.14 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.15: Authority of the Commissioner to Propose Board Rules

The Board authorizes the Commissioner to approve proposed Board rules for publication in the Texas Register. The Commissioner may refer proposed rules for consideration by Coordinating Board committees established pursuant to §1.5 of this title (relating to Coordinating Board Committees) or for consideration by the Board.

Comments

Source Note: The provisions of this §1.15 adopted to be effective May 12, 2005, 30 TexReg 2660

§1.16: Contracts for Materials and Services

(a) The Board shall approve all requests for the purchase of materials or services if the cost for those materials or services is expected to exceed $750,000. After a vendor is selected, a majority of the Chair and Vice Chair of the Board and the Chair of the responsible Board committee shall provide final approval of the contract with the selected vendor.

(b) The Board committee to which an item is assigned shall approve all requests relating to that item for the purchase of materials or services if the cost for those materials or services is greater than $100,000 but less than or equal to $750,000. After a vendor is selected, a majority of the Chair and Vice Chair of the Board and the Chair of the responsible Board committee shall provide final approval of the contract with the selected vendor.

(c) The Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer shall approve all contracts for the purchase of materials or services if the contract amount is less than or equal to $100,000. The Commissioner may delegate his approval authority to a deputy, associate, or assistant commissioner if:

(1) The contract amount is less than or equal to $5,000; or

(2) The Commissioner and the Deputy Commissioner for Business and Finance/Chief Operating Officer will be away from the agency and unavailable to approve contracts for more than one business day.

(d) The Commissioner shall provide a report to the Board, at least quarterly, describing all contracts for the purchase of materials or services.

(e) The Chair and Vice Chair of the Board shall have the authority to approve emergency purchase requests and contracts for materials or services over $100,000 that must be entered into in order to prevent a hazard to life, health, safety, welfare, property or to avoid undue additional cost to the state. Emergency purchase requests and contracts shall be exempt from subsections (a) and (b) of this section.

(f) In the event that the agency is required by statute to enter into a contract for the purchase of materials or services with a value of over $100,000, including the awarding of grants, approval of such a request or contract by the Board or a Board committee pursuant to subsection (a) or (b) of this section, as appropriate, shall not be required when such an award involves no discretion by the Board or agency staff. The Commissioner shall approve such contracts and report them to the Board at the next quarterly Board meeting following the approval.

(g) In the event that a contract for a given amount has been approved by either the Board or a Board committee, as applicable, and circumstances alter such that the expenditure necessary under the contract increases by not more than ten per cent, the Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer may approve such an increase. Should the increase in expenditure exceed ten per cent, the contract must be resubmitted for approval by the Board or the responsible Board committee, as appropriate.

(h) In the event that the Board or a Board committee, as applicable, has approved the issuance of a request for the purchase of materials or services that will result in the letting of contracts, including grants, to multiple vendors or providers of services, any resulting contract which by itself shall have a cost greater than $100,000 must be approved by a majority of the Chair and Vice Chair of the Board and the Chair of the responsible Board committee. The Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer, in accordance with subsection (c) of this section, shall provide final approval of contracts with the selected vendors or providers of services if the contract amount is less than or equal to $100,000.

Comments

Source Note: The provisions of this §1.16 adopted to be effective August 15, 2006, 31 TexReg 6325; amended to be effective February 18, 2007, 32 TexReg 525; amended to be effective November 29, 2007, 32 TexReg 8482; amended to be effective February 28, 2008, 33 TexReg 1526; amended to be effective November 18, 2008, 33 TexReg 9228; amended to be effective August 26, 2009, 34 TexReg 5675; amended to be effective December 3, 2009, 34 TexReg 8505

§1.17: Authority of the Commissioner to Provide Direct Supervision of the Education Research Centers

The Board authorizes the Commissioner to provide direct supervision of the Education Research Centers created by Texas Education Code §1.005.

Comments

Source Note: The provisions of this §1.17 adopted to be effective February 18, 2007, 32 TexReg 526

§1.18: Operation of Education Research Centers

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) FERPA means the Family Educational Rights and Privacy Act, 42 U.S.C. 1232g, including regulations and informal written guidance issued by the United States Department of Education and any amendments or supplementation thereof.

(2) Confidential information as applied to data provided to an Education Research Center (ERC) by Texas Education Agency (TEA) or the Texas Higher Education Coordinating Board (CB) includes all student-level data, including any data cells small enough to allow identification of an individual student. All social security numbers, student names, student birthdates and data cells containing between one and four students, inclusive, are confidential.

(3) Small data cells will be considered any cell containing between one and four students inclusive. Information may not be disclosed where small data cells can be determined through subtraction or other simple mathematical manipulations or subsequent cross-tabulation of the same data with other variables. Institutions may use any of the common methods for masking including:

(A) hiding the small cell and the next larger cell on the row and column so the size of the small cell can not be determined; or

(B) hiding the small cell and displaying the total for both the row and column as a range of at least ten; or

(C) any methodology approved by the TEA and CB.

(4) References to the CB shall also be deemed to include the Commissioner of Higher Education. References to the TEA shall also be deemed to include the Commissioner of Education.

(b) Purpose.

(1) ERCs may be established by joint approval of the commissioner of education and the CB. An ERC may only be established at a sponsoring public institution of higher education in Texas, but may be awarded to a consortium of such institutions. An ERC must be physically located within Texas and must retain all data at that location, except for secure off-site data back-up in accordance with written procedures approved by the Joint Advisory Board. Student level data may not be provided to a researcher at a location other than a Research Center or the THECB or a public institution of higher education located in Texas that is an acknowledged consortium member of the Research Center.

(2) The CB is responsible for general oversight, technical assistance and state support of ERCs, except as otherwise provided in this chapter. All policy decisions and rulemaking shall be jointly approved by TEA and the CB.

(3) Sponsoring institutions of higher education are responsible for all equipment, salaries and other operating costs of an ERC, including staff and equipment at TEA and the CB necessary to prepare and maintain data for the ERCs, as well as reasonable reimbursable expenses of the joint advisory board. Costs will be limited to one full-time equivalent employee at each agency along with associated data storage costs as set by DIR for the data center consolidation rates unless otherwise agreed to by the TEA, CB, and the ERCs.

(c) Joint Advisory Board.

(1) The commissioner of education and the commissioner of higher education shall co-chair an advisory board to review and approve research involving access to confidential information and to adopt policies governing ERC operations. Each commissioner may delegate to an agency employee the ability to act as co-chair and vote on matters coming before the Joint Advisory Board.

(2) The commissioner of education and the commissioner of higher education shall jointly appoint up to ten additional members to the Joint Advisory Board. All research involving access to confidential information must be approved by the said board.

(3) Members of the Joint Advisory Board serve at the pleasure of the commissioner of education and the commissioner of higher education and must be reappointed annually. The Joint Advisory Board will post its agenda and conduct its meetings in compliance with the Texas Open Meetings Act.

(4) The Joint Advisory Board shall meet at the call of the two chairs at least twice each year.

(d) Operation.

(1) An ERC may operate only under written authorization by the commissioner of education and the CB. Status as an ERC may not be assigned, delegated or transferred to any other entity.

(2) An ERC shall be lead by a managing director who is a professional employee of the sponsoring institution of higher education (IHE). The managing director shall report directly to the chief operating officer of the sponsoring IHE unless a different reporting structure is approved by TEA and the CB.

(3) All research at an ERC involving access to confidential information shall be conducted only with the approval of and under the joint oversight of TEA and the CB through the Joint Advisory Board. Research that does not involve access to confidential information may be conducted by the ERCs without approval of the Joint Advisory Board upon 30 days notice to TEA and the CB and certification by the ERC that sufficient resources will be available to meet all demands for resources to conduct research or manipulate data under the direction of the Joint Advisory Board or on behalf of TEA or the CB.

(4) Confidential information provided to an ERC by TEA or the CB shall be protected by procedures to ensure that any unique identifying number is not traceable to any individual. Such procedures must be maintained as confidential by TEA and the CB and may not be shared with an ERC, or used for any other purpose. Under no circumstances may social security numbers, names, or birthdates be accessed for the purpose of research at an ERC.

(5) ERCs shall adopt written procedures for research conducted using confidential information, subject to approval by the Joint Advisory Board. An ERC may not access confidential information until all such procedures are approved. Such procedures shall include:

(A) measures to ensure against unauthorized disclosure of confidential information;

(B) independent review of all research products by a designated ERC staff person not involved in that specific project to ensure against unauthorized disclosure of confidential information;

(C) review of all datasets created by a researcher to ensure that confidential information is not copied or removed from the ERC;

(D) annual certification of full compliance with all requirements of state and federal laws and regulations regarding the use of confidential information for research purposes by the internal auditor of each participating IHE;

(E) approval of research design by an accredited IHE, including any applicable requirements for research involving human subjects, before submitting a research proposal to the Joint Advisory Board for approval; and

(F) criteria for allocating research access capacity for researchers not affiliated with the sponsoring IHEs.

(6) All research produced at an ERC shall:

(A) be made available upon request to TEA and the CB;

(B) be available for public distribution, copying or reproduction at no cost to TEA or the CB;

(C) contain a disclaimer in a form acceptable to TEA and the CB stating that the conclusions of the research do not necessarily reflect the opinion or official position of those entities or of the State of Texas;

(D) be reviewed before publication or other distribution by individuals other than those conducting the research to ensure that confidential information is not disclosed, in accordance with guidelines adopted under FERPA or by TEA or the CB;

(7) An ERC shall comply with the requirements of the Texas Public Information Act, including requirements relating to data manipulation. An ERC shall process any Public Information Act requests referred by TEA or the CB in a timely manner. Charges for processing Public Information Act requests shall be based on guidelines developed by the Texas Attorney General's Office and approved by the Joint Advisory Board.

(8) A sponsoring IHE shall cooperate fully with all audit requests made by TEA or the CB. Each ERC shall annually request and undergo a security audit performed by the Texas Department of Information Resources, or a contractor approved by that Department, which shall include a penetration test of computer equipment and access.

(9) Research projects that require access to data not then included in the database maintained by the CB for research will be provided by the CB or the TEA if available. An ERC will be charged the cost to process or manipulate such data. ERCs will be assessed for annual maintenance costs of the CB and the TEA as approved by the Joint Advisory Board.

(e) Sanctions and Termination.

(1) Upon a determination that confidential information has been released or has been copied to another location, or that appropriate security measures are not in place to protect confidential information, the Joint Advisory Board may require an ERC to obtain appropriate services or equipment or to remove confidential information from such other location in order to remedy a security deficit. Such services or equipment shall be purchased by the ERC from vendors subject to approval of the Joint Advisory Board.

(2) An ERC may be terminated by joint action of TEA and the CB for failure to meet the requirements of state or federal law, of this subchapter, or of the terms of a contract establishing the ERC. An ERC shall be entitled to an informal review of a determination to terminate its status by a designee of the commissioner of education and the commissioner of higher education prior to the effective date of the termination.

(3) Notice of termination under paragraph (1) and (2) of this subsection shall be provided to the ERC's designated representative and shall contain information regarding the reasons for the termination.

(4) A termination made pursuant to this section shall become final and binding unless, within 30 days of its receipt of the notice of termination, the ERC invokes the administrative remedies contained in Chapter 1, subchapter B of the Rules of the CB (relating to Hearings and Appeals).

(5) Any ultimate recommendation regarding termination shall be made to both the CB and the commissioner of education. The CB and the commissioner of education must concur for any termination of an ERC invoking such administrative remedies to become final.

(f) Security.

(1) An ERC must comply with all requirements of FERPA in accessing confidential information to conduct research. Notwithstanding any other provision in this subchapter, failure to maintain adequate security to avoid the unauthorized disclosure of confidential information provided to the ERC shall be grounds for immediate termination of the authorization to access such data.

(2) All physical locations at which confidential information may be accessed at an ERC must be located within Texas, at a sponsoring IHE, and approved by both TEA and the CB. Each ERC may provide for off-site data back up of information for disaster recovery purposes in accordance with DIR processes. No research can be performed at a back up site.

(3) Either TEA or the CB may suspend access to confidential information provided to an ERC based on a significant risk of unauthorized disclosure of confidential information.

Comments

Source Note: The provisions of this §1.18 adopted to be effective August 15, 2007, 32 TexReg 4968; amended to be effective February 18, 2008, 33 TexReg 1324

§1.19: Education and Training of Board Administrators and Employees

The Texas Higher Education Coordinating Board values its administrators and employees and encourages lifelong learning and professional development through education and training pursuant to the State Employees Training Act, Texas Government Code §§656.041 - 656.104 and successor sections. The eligibility of the agency's administrators and employees for training and education provided by the agency, and the obligations, including restrictions and potential liability, assumed by administrators and employees on receiving such training and education, shall be as set forth in the Board's policies.

Comments

Source Note: The provisions of this §1.19 adopted to be effective August 26, 2009, 34 TexReg 5675

Subchapter B

§1.20: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

(1) Administrative Law Judge (ALJ)--The person appointed by the State Office of Administrative Hearings (SOAH) to hear a contested case and to propose findings of fact and conclusions of law, under §2003.041 of the Texas Government Code, for adoption by the Board, regarding a determination that has been made by the Commissioner with which the party disagrees.

(2) ADR--Alternative dispute resolution. A nonjudicial, informally conducted forum for the voluntary settlement of contested matters through the intervention of an impartial third party.

(3) Alternative dispute resolution coordinator or ADR coordinator--The agency employee appointed by the Commissioner to coordinate and oversee ADR procedures and mediators.

(4) Board--The Texas Higher Education Coordinating Board; as used in this subchapter, "Board" means the agency acting through its voting members in a decision-making capacity.

(5) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents, as distinguished from the agency acting through Board members in a decision-making capacity.

(6) Contested Case--A circumstance in which the Board or Commissioner shall allow a full evidentiary hearing as provided under the APA and this subchapter, if the right is properly invoked. In such a case, the Board shall finally determine the rights, duties, or privileges of the party. Right to a hearing is established only by explicit statutory provisions or by rules found in Title 19 of the Texas Administrative Code. There is no statute in the Texas Education Code, or rule herein, which requires the Commissioner to initiate a contested case hearing in the absence of a written petition for same, as defined herein.

(7) Contested Case Status--The condition that is established by a person who has a right to a contested case hearing, by the filing of a properly pled petition.

(8) Mail or mailed--Deposit(ed) into United States mail, certified, return receipt requested, unless otherwise provided by this subchapter. In determining the timeliness of a pleading, a postmark shall be evidence of the date of mailing, and the markings on a green card or on certified mail shall be evidence of the date of receipt. Certified mail that is refused or not claimed shall be considered received upon the earliest date of notice. When a document has been placed into United States mail, certified, return receipt requested, it shall be assumed that it was received on the third day after it was mailed, in the absence of a showing otherwise.

(9) Mediator--The person appointed by the Board's ADR coordinator to preside over an ADR proceeding, regardless of which ADR method is used.

(10) Participant--When used in relation to ADR, the Commissioner, the Board's counsel, a respondent in a contested case, and his or her attorney; or if parties have been named, the named parties.

(11) Party--Each person or agency named or admitted as a party to a hearing.

(12) Private mediator--A person in the profession of mediation who is not a Texas state employee and who has met all the qualifications prescribed by Texas law for mediators

(13) SOAH--The State Office of Administrative Hearings

Comments

Source Note: The provisions of this §1.20 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.21: Scope and Purpose

(a) This subchapter, along with applicable provisions of the Administrative Procedure Act (Chapter 2001.051-2001.902 of the Texas Government Code), the Negotiated Rulemaking Act (Tex. Gov't Code, ch. 2008), the Governmental Dispute Resolution Act, (Tex. Gov't Code, ch. 2009), Texas Government Code, Chapter 2260, and the contested case hearings rules promulgated by the State Office of Administrative Hearings (1 TAC Chapter 155), shall govern all proceedings to which a party has been given a right to a hearing by statute or by Board rules.

(b) The purpose of this subchapter is:

(1) to encourage the resolution and early settlement of rulemaking and contract disputes, and contested cases through voluntary settlement procedures, and;

(2) to establish clear procedures for the administration of all contested matters that may come before the Board.

Comments

Source Note: The provisions of this §1.21 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.22: Appointment of Adr Coordinator

(a) The Commissioner shall appoint an ADR coordinator as soon as practicable following:

(1) initial adoption of this subchapter, or

(2) an ADR coordinator's vacation of the office.

(b) The ADR coordinator shall, as soon as practicable after appointment, complete the minimum training standards set forth in §154.052 of the Texas Alternative Dispute Resolution Procedures Act, Tex. Civ. Stat. and Rem. Code.

(c) The ADR coordinator shall have the responsibility:

(1) to maintain necessary agency records while maintaining the confidentiality of participants;

(2) to establish a method of choosing mediators who possess the minimum qualifications described in TADR Act, §154.052;

(3) to require mediators to adhere to a particular standard of conduct or code of ethics;

(4) to provide information about available ADR processes to agency employees, and to both potential and current users of the ADR program;

(5) to arrange training or education that may be necessary to implement adopted ADR processes; and

(6) to establish a system to evaluate the ADR program and the mediators or other facilitators that the agency has used.

Comments

Source Note: The provisions of this §1.22 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.23: Deadlines for Filing a Petition for Contested Case Status

(a) At any time, the Commissioner may request that a matter within the jurisdiction of the agency, which by statute or rule entitles a person to a hearing, be given contested case status.

(b) If, in any matter in which the Texas Education Code or the rules herein give a party the right to a hearing, the Commissioner makes a determination, decision, order, ruling, or if he or she fails to act within a prescribed period of time, a party with standing in the matter shall file a written petition for contested case status with the Commissioner within the time frames below, or the action taken by the Commissioner will become final, and the party will have failed to exhaust all available administrative remedies, as established herein:

(1) in a contract dispute, no later than 180 days after the date of the event that the contractor asserts as the basis of the claim;

(2) for all other types of contested cases, 45 calendar days after the decision, order, ruling, or failure to act that is complained of is rendered.

Comments

Source Note: The provisions of this §1.23 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.24: Mandatory Contents of a Petition for Contested Case Status

(a) A petition for contested case status in any matter in which statutes or rules give a party the right to a hearing, shall contain the following:

(1) For a contract dispute:

(A) an explanation of the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim, and each contractual provision allegedly breached;

(B) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and

(C) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed.

(D) In addition to the mandatory contents of the notice of claim as required herein, the contractor may submit supporting documentation or other tangible evidence to facilitate the agency's evaluation of the contractor's claim.

(E) The following types of contracts shall not be subject to the provisions herein. A petition for contested case status in a contract dispute must contain sufficient identification of the parties and the nature of the dispute to allow the agency to determine that the basis of the claim is not an action of the Board for which the contractor is entitled to a specific remedy pursuant to state or federal constitution or statute, or that the dispute is regarding a contract:

(i) between the Board and the federal government or its agencies, another state or another nation;

(ii) between the Board and two or more units of state government;

(iii) between the Board and a local governmental body, or a political subdivision of another state;

(iv) between a subcontractor and a contractor;

(v) subject to §201.112 of the Transportation Code;

(vi) within the exclusive jurisdiction of state or local regulatory bodies;

(vii) within the exclusive jurisdiction of federal courts or regulatory bodies; or

(2) The petition must contain the signature of the contractor or the contractor's authorized representative.

(b) In all types of contested cases other than contract disputes:

(1) a description of the determination, decision, order, ruling, or failure to act that is being complained of;

(2) the date of the determination, decision, order, ruling, or failure to act;

(3) a statement of the facts of which petitioner is aware and which he or she believes to be true, that would lead to a reasonable conclusion that petitioner is entitled to the relief sought;

(4) the specific statute or rule which the petitioner believes entitles him or her to request a contested case status;

(5) a description of the action that the petitioner wants the Board to take on the petitioner's behalf; and

(6) the signature of the petitioner, or the petitioner's authorized representative.

(7) Nothing in this section requires that the petitioner plead in his or her petition all evidence that he or she may rely upon in a formal contested case hearing. However, all issues that the petitioner intends to raise in a formal contested case hearing must be sufficiently pled in the petition to put the respondent on notice of the nature of the complaint.

Comments

Source Note: The provisions of this §1.24 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.25: Service of a Petition for Contested Case Status

Petitions for contested case status shall be served upon the officer stated herein, by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition.

(1) For contract disputes, the petition shall be served upon the officer of the Board designated in the contract to receive a notice of claim of breach of contract under the Government Code, Chapter 2260; if no person is designated in the contract, the notice shall be delivered to the Assistant Commissioner for Administration;

(2) For all types of contested cases other than contract disputes, the petition shall be served upon the Commissioner.

Comments

Source Note: The provisions of this §1.25 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.26: Agency Determination Regarding Contested Case Status

All petitions for contested case status shall be reviewed by the Board's General Counsel.

(1) If the General Counsel finds that the prerequisites found herein have been met, he or she shall notify the petitioner that he or she has established the right to a contested case.

(2) If the petition concerns an alleged breach of contract, the General Counsel, after consulting with appropriate officers of the agency and with the Commissioner, shall determine whether a sufficient basis exists for a counterclaim, and if it is determined that it is in the best interest of the agency to file a counterclaim, shall assist in drafting the notice of counterclaim, which shall comply with the deadlines, content, and notice requirements found in §1.42 of this title (relating to Board Counterclaims).

(3) If the General Counsel finds that prerequisites have not been met, he or she shall refer the petition to the Assistant Commissioner whose division has jurisdiction over the issue or claim. The Assistant Commissioner shall either seek clarification from the petitioner to enable the Assistant Commissioner to conclude that the petition is substantially complete, or shall notify the petitioner in writing that the petition fails to state properly a claim that entitles the petitioner a right to a hearing, and the manner in which it failed. The petitioner shall perfect the pleading no later than the later of the following:

(A) the deadline specified in §1.23 of this title (relating to Deadlines for Filing a Petition for Contested Case Status); or

(B) 15 days after the receipt of notice that the pleading fails to state properly a claim that entitles the petitioner a right to a hearing.

Comments

Source Note: The provisions of this §1.26 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.27: Referral to Adr Coordinator

(a) Contract disputes shall be referred to the agency's ADR coordinator to establish the negotiations schedule and to determine, in collaboration with the person designated pursuant to §1.25, (relating to Service of a Petition for Contested Case Status), all interested parties to the negotiations;

(b) If a petitioner in any other type of contested case requests ADR, the case shall be referred to the agency's ADR coordinator.

(c) The Commissioner may refer any other contested case to the ADR coordinator at his or her own instance.

Comments

Source Note: The provisions of this §1.27 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.30: General Principles of Alternative Dispute Resolution

The following principles shall apply in Alternative Dispute Resolution (ADR) implemented for contested cases:

(1) Any resolution reached as a result of the ADR procedure should be through the voluntary agreement of the parties.

(2) ADR procedures shall be consistent with the Tex. Gov't Code, ch. 2009; Tex. Gov't Code, ch. 2008, Tex. Civil Practices and Remedies Code, ch. 154; and the Administrative Procedures Act, (the APA), Texas Gov't Code, ch. 2001.

(3) ADR procedures herein are intended to supplement and not to limit other dispute resolution procedures available for use by a governmental body.

(4) ADR processes shall not be applied in a manner that denies a person a right granted under state or federal law or under a local charter, ordinance, or other similar provision, including any right to an administrative or judicial hearing that is allowed or mandated by the Texas Education Code or by laws of more general application.

(5) The agency's ADR coordinator may appoint a governmental officer, an agency employee, a qualified mediator who is an employee of another governmental entity, or a qualified private mediator for an ADR procedure.

(6) Mediators:

(A) shall be qualified as required by Tex. Civil Practices and Remedies Code §154.052,

(B) are subject to the standards and duties described in Tex. Civil Practices and Remedies Code §154.053,

(C) have the qualified immunity described in the Tex. Civil Practices and Remedies Code §154.055,

(D) shall maintain confidentiality as described in Tex. Civil Practices and Remedies Code §154.073 and Tex. Gov't Code §2009.054, and

(E) shall not testify in proceedings relating to or arising out of the matter in dispute.

(7) The parties have the right to object to the person appointed to serve as the mediator.

(8) No one may dictate the terms of the agreement reached by the participants as long as the resolution is legal and complies with any rules set up for the process, including the rules set forth herein.

(9) Oral and written communications between the parties, and between the parties and the mediator, related to the ADR process are confidential and may not be disclosed unless all the parties consent to the disclosure, or upon issuance of an opinion from the Office of the Attorney General that the evidence is subject to the Open Records Act.. This includes any description of the conduct and demeanor of participants. Any notes or records made in an ADR procedure are confidential. The mediator may not, directly or indirectly, communicate with the judge or any commissioner, on any aspect of ADR negotiations made confidential by this section. If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be determined by a judge who is hearing a related matter to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.

(10) A final written agreement to which the Board is a signatory is subject to required disclosure, is excepted from disclosure, or is confidential, as provided by the TADR Act §154.073 and other laws, including Tex. Gov't Code, ch. 552, and Tex. Gov't Code §2009.054(b).

Comments

Source Note: The provisions of this §1.30 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.32: Selection of a Neutral Third Party

(a) For each matter referred for ADR procedures, the ADR coordinator may select a neutral third party to facilitate the proceeding. The ADR coordinator may assign a substitute or additional neutral third party to a proceeding as he or she deems necessary.

(b) If all the participants agree upon the use of a private mediator, a private mediator may be hired for agency ADR procedures provided that:

(1) the participants unanimously agree to the selection of the person to serve as the mediator;

(2) the mediator agrees to be subject to the direction of the commission's ADR coordinator and to all time limits imposed by the coordinator, the ALJ, if applicable, and all statutes or regulations that apply;

(3) the participants unanimously agree upon the manner in which costs for the services of the mediator will be apportioned among the participants;

(4) fees shall be paid directly to the mediator.

(5) All mediators in Board mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.

(c) SOAH mediators, employees of other governmental bodies who are trained mediators, and private pro bono mediators may be assigned to contested cases as needed, provided that:

(1) each mediator shall first have received 40 hours of training as prescribed by Texas law.

(2) each mediator shall have some expertise in the area of the contested matter.

(3) if the mediator is an ALJ at SOAH, that person may not also sit as the judge for the case if the contested case goes to a formal contested case hearing.

Comments

Source Note: The provisions of this §1.32 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.33: Developing Mediators within the Agency

To the extent practicable, the Board shall establish a pool of staff mediators to resolve contested cases through ADR procedures.

(1) Each staff mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR coordinator, and shall be qualified as required by the TADR Act §154.052 before being allowed to facilitate a mediation to which any governmental entity is a party.

(2) Each staff mediator shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.

(3) Other individuals may assist with mediation on an ad hoc basis in light of particular skills or experience that will facilitate the resolution of individual contested matters.

Comments

Source Note: The provisions of this §1.33 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.34: Negotiated Settlements Must be in Writing

Agreements of the participants reached as a result of ADR must be in writing, and are enforceable in the same manner as any other written contract.

Comments

Source Note: The provisions of this §1.34 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.35: Partial Settlements through Adr

When ADR procedures do not result in the full settlement of a contested case, the participants, in conjunction with the mediator, shall limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the ALJ who is assigned to conduct the hearing on the merits and shall be included in the hearing record.

Comments

Source Note: The provisions of this §1.35 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.40: Agency Management of Contract Disputes

(a) The procedures contained in this subchapter in relation to contract disputes are exclusive and required prerequisites to suit under the Civil Practice & Remedies Code, Chapter 107, and the Government Code, Chapter 2260.

(b) This subchapter does not waive the Board's sovereign immunity to suit or liability.

Comments

Source Note: The provisions of this §1.40 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.41: Definitions

The following words and terms, when used in relation to contract disputes, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Claim--A demand for damages by the contractor based upon the Board's alleged breach of the contract.

(2) Contract--A written contract between the Board and a contractor by the terms of which the contractor agrees either:

(A) to provide goods or services, by sale or lease, to or for the Board; or

(B) to perform a project as defined by Government Code, §2166.001.

(3) Contractor--Independent contractor who has entered into a contract directly with the Board. The term does not include:

(A) The contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;

(B) An employee of the Board; or

(C) A student at an institution of higher education.

(4) Counterclaim--A demand by the Board based upon the contractor's claim.

(5) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day that is not one of these days should be counted as the required day for purpose of this act.

(6) Event--An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:

(A) Examples of events in the context of a contract for goods or services:

(i) the failure of the Board to timely pay for goods and services;

(ii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the Board for work not performed under the contract or in substantial compliance with the contract terms;

(iii) the suspension, cancellation, or termination of the contract;

(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;

(v) repudiation of the entire contract prior to or at the outset of performance by the contractor;

(vi) withholding liquidated damages from final payment to the contractor.

(B) Examples of events in the context of a project:

(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;

(ii) the failure to make timely progress payments required by the contract;

(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the Board for work not performed under the contract or in substantial compliance with the contract terms;

(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;

(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;

(vi) suspension, cancellation or termination of the contract;

(vii) rejection by the Board, in whole or in part, of the "work", as defined by the contract, tendered by the contractor;

(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;

(ix) withholding liquidated damages from final payment to the contractor;

(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.

(C) The lists in Subparagraph (A) and (B) of this paragraph herein should not be considered exhaustive but are merely illustrative in nature.

(7) Goods--Supplies, materials or equipment.

(8) Project--As defined in Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:

(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and

(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.

(9) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the Board.

Comments

Source Note: The provisions of this §1.41 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.42: Board Counterclaims

(a) If the agency asserts a counterclaim under the Government Code, Chapter 2260, notice of the counterclaim shall be filed as provided by this section.

(b) The notice of counterclaim shall:

(1) be in writing;

(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the petition for contested case status; and

(3) state in detail:

(A) the nature of the counterclaim;

(B) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and

(C) the legal theory supporting the counterclaim.

(c) The agency may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the agency's counterclaim.

(d) The notice of counterclaim shall be delivered to the contractor no later than 90 days after the agency's receipt of the contractor's petition for contested case status.

(e) Nothing herein precludes the Board from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.

Comments

Source Note: The provisions of this §1.42 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.43: Request for Voluntary Disclosure of Additional Information

(a) Upon the filing of a claim or counterclaim, the parties may request to review and copy, without limitation, the following information that may be in the possession or custody, or that is subject to the control of the other party, and that pertains to the contract claimed to have been breached, regardless of the manner in which the information is recorded, including paper and electronic media:

(1) accounting records;

(2) correspondence, including, without limitation, correspondence between the Board and outside consultants it utilized in preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, materialmen, and vendors;

(3) schedules;

(4) the parties' internal memoranda; and

(5) documents created by the contractor in preparing its offer to the Board and documents created by the Board in analyzing the offers it received in response to a solicitation.

(b) The contractor and the agency may seek additional information directly from third parties, including, without limitation, third-party consultants, and the contractor's subcontractors.

(c) Nothing in this section requires any party to disclose the requested information or any matter that is privileged under Texas law. Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.

(d) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act.

Comments

Source Note: The provisions of this §1.43 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.44: Duty to Negotiate

The parties shall negotiate in accordance with the timetable set forth in §1.45 of this title (relating to the Negotiation Timetable), to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.

Comments

Source Note: The provisions of this §1.44 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.45: Negotiation Timetable

(a) After the agency's General Counsel has determined that the petition for contested case status contains all essential requirements under §1.24, (relating to Mandatory Contents of a Petition for Contested Case Status), and has referred the case to the agency's officer, designated in the contract to be in charge of the negotiations, he or she shall review the contractor's claim(s) and the Board's counterclaim(s), if any, and, with appropriate assistance from the agency's ADR coordinator, shall initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s).

(b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:

(1) the date of termination of the contract;

(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or

(3) the date the unit of state government receives the contractor's petition for contested case status.

(c) The agency may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by:

(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and

(2) delivering written notice to the contractor when the Board is ready to begin negotiations.

(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines set forth in subsections (b) and (c) of this section, whichever is applicable.

(e) Subject to subsection (f) of this section, the parties shall complete the negotiations that are required by this section as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the agency receives the contractor's notice of claim.

(f) On or before the 270th day after the agency receives the contractor's petition for contested case status, the parties may agree in writing to extend the time for negotiations. The agreement shall be signed by a representative of each party, who has authority to bind the party, and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.

(g) The contractor may request a contested case hearing before the State Office of Administrative Hearings ("SOAH") pursuant to §1.48, (relating to Request for Contested Case Hearing), of this subchapter, after the 270th day after the agency receives the contractor's petition for contested case status, or after the expiration of any extension agreed to under subsection (f) of this section.

(h) The parties may agree to mediate the dispute at any time before the 270th day after the agency receives the contractor's petition for contested case status, or before the expiration of any extension agreed to by the parties pursuant to subsection (f) of this section. The mediation shall be governed by §1.46(c), (relating to Conduct of Negotiations).

(i) Nothing in this subsection is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations, or requesting mediation after the contractor requests a contested case hearing before SOAH.

Comments

Source Note: The provisions of this §1.45 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.46: Conduct of Negotiations

(a) The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.

(b) Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees, expert's fees, and mediation costs.

(c) The parties may conduct negotiations with the assistance of one or more neutral third parties. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement, and settle. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes such as mini-trials, early case neutral case evaluation by an impartial third-party, and fact-finding by an expert. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with §1.27, (relating to Referral to ADR Coordinator) through §1.35, (relating to Partial Settlements through ADR).

(d) The agency's negotiation strategy and neutral third parties shall be approved by the ADR coordinator, and the results of the negotiations reported to the ADR coordinator.

Comments

Source Note: The provisions of this §1.46 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.47: Settlement Agreement

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.

(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the parties who have authority to bind each party.

(c) Partial settlement does not waive a party's rights under the Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved.

Comments

Source Note: The provisions of this §1.47 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.48: Request for Contested Case Hearing

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the agency receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §1.45 of this title (relating to Negotiation Timetable), the contractor may file a request with the agency for a contested case hearing before SOAH.

(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the Commissioner or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §1.45 of this title (relating to Negotiation Timetable).

(c) The agency shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time, not to exceed thirty days, after receipt of the request.

(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the agency if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.

Comments

Source Note: The provisions of this §1.48 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.60: State Office of Administrative Hearings

Formal contested case hearings shall be conducted for the Board by SOAH, as authorized by Chapters 2001 and §2003.021 of the Texas Government Code.

Comments

Source Note: The provisions of this §1.60 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.61: Classification of Parties

(a) Designations of parties are as follows:

(1) Petitioner--the party requesting a hearing.

(2) Respondent--the party named as such by the petitioners.

(3) Intervenor--a person who shows an administratively cognizable or justiciable interest in the contested case.

(b) Regardless of errors as to designation of parties in the pleadings, parties shall be accorded their true status in a formal contested case hearing at SOAH.

Comments

Source Note: The provisions of this §1.61 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.62: Notice of Hearing

(a) All parties to a formal contested case hearing shall be mailed written notice at least 15 calendar days before the date set for the hearing. The notice shall include:

(1) a statement of time, place, and nature of the hearing;

(2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) a reference to the particular section of the statutes and rules involved; and

(4) a short and plain statement of the matters asserted. The petitioner may satisfy this requirement by incorporating the petition by reference in the notice of hearing.

(b) If the petition was initiated by the Commissioner, service may be made by sending the notice to the party's last known address as shown by the Board's records. If the petition was initiated by a party other than the Commissioner, notice will be mailed to the address on that party's most recently filed pleading.

Comments

Source Note: The provisions of this §1.62 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.63: Proposed Findings of Fact and Conclusions of Law

If any party to a contested case hearing at SOAH files proposed findings of fact and conclusions of law within 10 days of the date on which the record is closed, or within any other period of time that the ALJ may prescribe, the ALJ shall rule on each proposal.

Comments

Source Note: The provisions of this §1.63 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.64: Default

(a) If party who filed the petition for contested case status fails to appear on the day and time set for the hearing, the Commissioner may move in that party's absence for a default, and the ALJ may issue a proposal for decision against the defaulting party. In the proposal for decision or order, the factual allegations against that party in the notice of hearing will be deemed admitted.

(b) If the party who filed the petition fails to appear on the day and time set for hearing, the Commissioner may move for dismissal of the case from the SOAH docket.

(c) The notice of hearing must include disclosure, in at least twelve-point, bold-face type, that a failure to appear on the date and time of the hearing will result in a default order or dismissal.

Comments

Source Note: The provisions of this §1.64 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.65: Exceptions to Proposal for Decision

(a) Pursuant to Chapter 2001 of the Texas Government Code, every party has the right to file exceptions to the Proposal for Decision issued by the ALJ and to present a brief with respect to the exceptions.

(b) All exceptions must be mailed within 10 working days of the proponent's receipt of the Proposal for Decision, with replies, if any, to be mailed within ten working days of the receipt of exceptions. Extensions of the deadline to file exceptions shall be negotiated between the parties; the first extension shall not be unreasonably withheld.

Comments

Source Note: The provisions of this §1.65 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.66: Board Meeting to Consider Proposal for Decision

(a) The Board shall take up the Proposal for Decision and adopt a final order in a contested case at the next regularly scheduled Board meeting after the hearing is finally closed, if sufficient time remains before the meeting for the parties to receive proper notice.

(b) At least 15 days notice shall be given by the Commissioner to all parties to a hearing of the time and place of the Board meeting at which the Proposal for Decision will be considered by the Board.

Comments

Source Note: The provisions of this §1.66 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.67: Motion for Rehearing

A motion for rehearing shall be filed not later than the 20th day after the party or the party's attorney of record is notified of the final decision or order that may become final under Texas Government Code, §2001.144. The procedures for a Motion for Rehearing shall be those procedures under Texas Government Code, §2001.146, and Texas appeals cases interpreting that statute.

Comments

Source Note: The provisions of this §1.67 adopted to be effective February 26, 2004, 29 TexReg 1658

Subchapter C

§1.80: Scope and Purpose

(a) This subchapter establishes the criteria, procedures, and standards of conduct governing the relationship between the Texas Higher Education Coordinating Board (Board) and its officers and employees and private donors and private organizations that exist to further the duties and purposes of the Board.

(b) The purpose of this subchapter is to comply with the provisions of Texas Government Code, §2255.001.

Comments

Source Note: The provisions of this §1.80 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.81: Definitions

The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Commissioner--The Commissioner of the Texas Higher Education Coordinating Board.

(2) Board--The Texas Higher Education Coordinating Board

(3) Donation--A contribution of anything of value (financial or in-kind gifts such as goods or services) given to the Board for public higher education purposes or to a private organization that exists to further the duties or functions of the Board. The Board may not accept donations of real property (real estate) without the express permission and authorization of the legislature.

(4) Employee--A regular, acting, exempt, full-time or part-time employee of the agency.

(5) Private donor--People or private organizations that make a donation to the Board for higher education purposes, or that make a donation to a private organization that exists to further the purposes, and to assist in accomplishing the duties of the Board.

(6) Private organization--A private organization that exists to further the purposes and to assist in accomplishing the duties of the Board.

Comments

Source Note: The provisions of this §1.81 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.82: Donations by Private Donors to the Board

(a) A private donor may make donations to the Board to be spent for specified or unspecified public higher education purposes. If the donor specifies the purpose, the Board must expend the donation only for that purpose.

(b) All donations shall be expended in accordance with the provisions of the State Appropriations Act and shall be deposited in the state treasury unless exempted by specific statutory authority.

(c) All donations shall be coordinated through the Commissioner.

(d) The Board may not transfer a private donation to a foundation or private/public development fund without specific written permission from the donor and the written approval of the Commissioner.

Comments

Source Note: The provisions of this §1.82 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.83: Donations by a Private Donor to a Private Organization That Exists to Further the Purposes and Duties of the Board

(a) A private donor may make donations to a private organization that exists to further the purposes and to assist in accomplishing the duties of the Board.

(b) The private organization shall administer and use the donation in accordance with the provisions in the memorandum of understanding between the private organization and the Board, as described in §1.65(c) of this title (relating to Relationship between a Private Organization and the Board).

Comments

Source Note: The provisions of this §1.83 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.84: Organizing a Private Organization That Exists to Further the Duties and Purposes of the Board

(a) The "College for All Texans Foundation: Closing the Gaps" is designated as the official nonprofit partner (ONP) of the Board.

(b) The Chair of the Board and the Board of Trustees of the ONP may cooperatively appoint a board of trustees for the organization. The Commissioner shall serve as an ex officio trustee with no vote. Board employees may hold office and vote provided there is no conflict of interest in accordance with all federal and state laws and Board policies. This provision applies to the employee's spouse and children.

Comments

Source Note: The provisions of this §1.84 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.85: Relationship between a Private Organization and the Board

(a) The Board may provide to a private organization covered by these sections:

(1) fundraising and solicitation assistance;

(2) staff services to coordinate activities;

(3) administrative and clerical services;

(4) office and meeting space;

(5) training; and

(6) other miscellaneous services as needed to further the duties and purposes of the Board.

(b) The private organization may provide:

(1) postage;

(2) printing, including letterhead and newsletters;

(3) special event insurance;

(4) recognition of donors; and

(5) bond and liability insurance for organization officers.

(c) The private organization and the Board shall enter into a memorandum of understanding (MOU) which contains specific provisions regarding:

(1) the relationship between the private organization and the Board, and a mechanism for solving any conflicts or disputes;

(2) fundraising and solicitation;

(3) the use of all funds and other donations from fundraising or solicitation, less legitimate expenses as described in the MOU, for the benefit of the Board;

(4) the maintenance by the private organization of receipts and documentation of all funds and other donations received, including furnishing such records to the Board; and

(5) the furnishing to the Board of any audit of the private organization by the Internal Revenue Service or a private firm.

Comments

Source Note: The provisions of this §1.85 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.86: Standards of Conduct Between Board Employees and Private Donors

(a) A Board officer or employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his/her official conduct.

(b) An officer or employee shall not accept employment or engage in any business or professional activity with a private donor which the officer or employee might reasonably expect would require or induce him/her to disclose confidential information acquired by reason of his/her official position.

(c) An officer or employee shall not accept other employment or compensation from a private donor that would reasonably be expected to impair the officer or employee's independence of judgment in the performance of his/her official position.

(d) An officer or employee shall not make personal investments in association with a private donor that could reasonably be expected to create a substantial conflict between the officer or employee's private interest and the interest of the Board.

(e) An officer or employee shall not solicit, accept, or agree to accept any benefits for having exercised his/her official powers on behalf of a private donor or performed his official duties in favor of private donor.

(f) An officer or employee who has policy direction over the Board and who serves as an officer or director of a private donor shall not vote on any measure, proposal, or decision pending before the private donor if the Board might reasonably be expected to have an interest in such measure, proposal, or decision.

(g) An officer or employee shall not authorize a private donor to use property of the Board unless the property is used in accordance with a contract or memorandum of understanding between the Board and the private donor, or the Board is otherwise compensated for the use of the property.

Comments

Source Note: The provisions of this §1.86 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.87: Miscellaneous

The relationship between a private donor and a private organization and the Board, including fundraising and solicitation activities, is subject to all applicable federal and state laws, rules and regulations, and local ordinances governing each entity and its employees.

Comments

Source Note: The provisions of this §1.87 adopted to be effective February 26, 2004, 29 TexReg 1658

Subchapter D

§1.96: Scope and Purpose

(a) This subchapter shall govern instances in which individuals request correction of incorrect information, for which the agency is responsible, pertaining to the individual or to a person that the requestor has the legal right to represent. This subchapter should not be read to contradict §1.10 of this title (relating to the Texas Public Information Act), the Family Educational Rights and Privacy Act (FERPA), or any other applicable state or federal law.

(b) The purpose of this subchapter is to implement Texas Government Code, §559.004, concerning individuals' Right to Correction of Incorrect Information.

Comments

Source Note: The provisions of this §1.96 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.97: Definitions

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

(1) Agency--Texas Higher Education Coordinating Board.

(2) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day that is not one of these days should be counted as the required day for purpose of this act.

(3) Program or Division--Any subunit of the Agency, to be determined by the Agency.

(4) Requestor--The person who submits a request for correction of incorrect information, whether on his or her own behalf or on behalf of someone else.

Comments

Source Note: The provisions of this §1.97 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.98: Individual's Right to Correction of Incorrect Information

(a) An individual who finds that the information collected by and in the possession of the agency on a form or through electronic media, is incorrect, has a right to have the agency correct the information. The individual has no right to change information that was correct when it was submitted, but which is no longer correct. The information to be changed must be concerning the requestor, or concerning a person that the requestor has the legal right to represent. The agency may request proof of this authority, and if it does so, the requestor must provide the proof, before the agency processes the request.

(b) The individual must submit the correction request in writing to the program or division within the agency that is in possession of the information. The program or division may be identified by correspondence received from the agency, or through a request for public information from the agency, submitted in writing to: Open Records Officer, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78722

(c) The correction request must:

(1) specifically identify the information which the individual believes is incorrect;

(2) provide the agency with sufficient information to establish that the information is incorrect and was incorrect at the time it was submitted to the agency; and

(3) provide the correct information.

Comments

Source Note: The provisions of this §1.98 adopted to be effective February 26, 2004, 29 TexReg 1658

§1.99: Correction Procedure

(a) The program or division within the agency that is the custodian of the target information shall provide an acknowledgement of receipt of the correction request to the requestor within 10 days from the receipt of the request.

(b) The program or division with custody and control of the information shall review the information identified by the individual as incorrect and the proof that the requestor has provided, and determine whether the information in the agency's record should be corrected.

(1) If the agency determines that the information is incorrect in an electronic record or form, an individual with authority to access the information shall enter the correction into the record by electronic media, at or near the place where the incorrect information appears with the date, and reason for the correction, by whom the correction was requested, and by whom the correction was made.

(2) If the agency determines that the information is incorrect in a paper record or form, an individual with authority to access the information shall insert the information as submitted by the individual requesting the correction, along with an entry of the date, and the name of the individual inserting the correction.

(3) If the agency determines that the information is correct, no correction shall be made to the information.

(c) The program or division that is the custodian of the target information shall notify the individual of its determination and, if the information was corrected, shall provide the requestor with a copy of the corrected information.

(d) The agency shall not charge or bill a requestor for correction of an incorrect record.

(e) The agency shall not alter or destroy an original agency record or document in its possession except as required or authorized by law.

Comments

Source Note: The provisions of this §1.99 adopted to be effective February 26, 2004, 29 TexReg 1658

Chapter 4

Subchapter A

§4.1: Purpose

This section establishes rules on a variety of topics that apply exclusively to public institutions of higher education.

Comments

Source Note: The provisions of this §4.1 adopted to be effective May 27, 2003, 28 TexReg 4107

§4.2: Authority

Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §61.051 which describes the Board's role in the Texas system of higher education.

Comments

Source Note: The provisions of this §4.2 adopted to be effective May 27, 2003, 28 TexReg 4107

§4.3: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Active military service--Active service in the armed forces of the United States or in the National Guard or the Texas State Guard.

(2) Associate of Science degree and the Associate of Arts degree--Collegiate degrees consisting of lower-division courses designed to prepare students for transfer to a bachelor's degree program.

(3) Associate of Applied Science degree and the Associate of Applied Arts degree--Technical certificates issued to students who complete workforce education curricula of collegiate level.

(4) Associate of Arts in Teaching degree--Board-approved collegiate degree programs consisting of lower-division courses intended for transfer to baccalaureate programs that lead to initial Texas teacher certification.

(5) Bachelor of General Studies degree--A program designed principally for mature students who seek a flexible degree program and who do not desire or may not meet prerequisites of a highly structured traditional degree program, and to permit students to plan, with advisement, an individualized program with access to a wide range of academic disciplines and fields of professional study.

(6) Bachelor of Applied Arts and Sciences degree--A program designed to provide a path to a bachelor's degree for students who have earned previous collegiate credit through workforce education curricula. The degree program combines general education requirements and a professional component designed to complement the student's technical or vocational competence.

(7) Board--The Texas Higher Education Coordinating Board.

(8) Commissioner--The Commissioner of Higher Education.

(9) Common calendar--Dates and information pertaining to the beginning and ending (and lengths) of academic semesters and sessions, applicable to all Texas public universities and community, technical and state colleges.

(10) Consulting or testifying expert witness--Any non-fact witness whose name must be disclosed during litigation as required by the Texas Rules of Civil Procedure.

(11) Dropped Course--A course in which an undergraduate student at an institution of higher education has enrolled for credit, but did not complete, under these conditions:

(A) the student was able to drop the course without receiving a grade or incurring an academic penalty;

(B) the student's transcript indicates or will indicate that the student was enrolled in the course past the census date; and

(C) the student is not dropping the course in order to withdraw from the institution.

(12) Degree program--Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle the student to a degree from an institution of higher education.

(13) Faculty or professional staff of an institution of higher education--A non-classified, full-time employee who is a member of the faculty or staff and whose duties include teaching, research, administration or performing professional services, including professional library services.

(14) Fiscal year--The State of Texas' fiscal year, September 1 through August 31.

(15) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.

(16) Interdisciplinary baccalaureate degrees--The Bachelor of General Studies degree (defined in paragraph (5) of this section) and such general degrees as liberal arts or humanities. These broad-based degrees vary in the amount of prescriptive structure but share the characteristics of flexibility for the student and interdisciplinary course selection.

(17) Non-classified--An employee whose position is not controlled by the institution's classified personnel system or a person employed in a similar position if the institution does not have a classified personnel system.

(18) Religious holy day--A holy day observed by a religion whose places of worship are exempt from property taxation under the Texas Tax Code, §11.20.

Comments

Source Note: The provisions of this §4.3 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective August 11, 2004, 29 TexReg 7670; amended to be effective November 22, 2005, 30 TexReg 7724; amended to be effective November 19, 2006, 31 TexReg 9286; amended to be effective February 18, 2007, 32 TexReg 526; amended to be effective November 28, 2007, 32 TexReg 8483

§4.4: Student Absences on Religious Holy Days

(a) Under Texas Education Code, §51.911, all institutions of higher education shall excuse a student from attending classes or other required activities, including examinations, for the observance of a religious holy day, including travel for that purpose. A student whose absence is excused under this subsection may not be penalized for that absence and shall be allowed to take an examination or complete an assignment from which the student is excused within a reasonable time after the absence.

(b) Each institution of higher education shall develop and include in its official bulletins, catalogs, and other appropriate publications a statement regarding its policies and procedures for all excused absences. Policies and procedures for absences due to religious holy days shall be consistent with (or no more arduous than) the institution's policies and procedures relating to other excused absences.

(c) Texas Education Code, §51.911 defines a religious holy day. If a student and an instructor disagree about the nature of the absence being for the observance of a religious holy day as defined therein, or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations, either the student or the instructor may request a ruling from the chief executive officer of the institution or his or her designee. The student and instructor shall abide by the decision of the chief executive officer or his/her designee.

(d) Each institution may exclude from these policies and procedures any student absence for religious holy days which may interfere with patient care.

Comments

Source Note: The provisions of this §4.4 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective February 24, 2004, 29 TexReg 1659

§4.5: Common Calendar

(a) The Commissioner shall establish and periodically update a common calendar for Texas public universities and community, technical and state colleges.

(b) The Commissioner may grant waivers to the common calendar to benefit students and/or to improve the efficient operations of the institutions.

(c) A semester normally shall include 15 weeks for instruction and one week for final examinations or a total of 16 weeks instruction and examinations combined. Every fall semester will end before Christmas, but not later than December 23.

(d) The summer session shall be considered an integral part of the college year and maximum use should be made of the summer session. Each of the two summer terms shall include no less than 5 1/2 calendar weeks, including registration, instructions, and final examinations. Colleges may register students for a six semester credit hour load for each 5 1/2-week summer term. Colleges and universities may schedule summer terms longer or shorter than 5 1/2 weeks, but the amount of credit students are allowed to enroll for must be proportional.

(e) Each college and university shall establish its own dates for orientation, registration, holidays, final examinations, and the end of each semester and summer term consistent with subsections (c) and (d) of this section.

(f) The Texas Education Agency shall be notified of the calendar adopted and be encouraged to communicate with the Board about possible further coordination of school and college calendar.

(g) Nothing in this section shall be interpreted to preclude experimentation and innovation by any institution looking toward full utilization of facilities on a year-round basis.

Comments

Source Note: The provisions of this §4.5 adopted to be effective May 27, 2003, 28 TexReg 4107

§4.6: Minimum Length of Courses and Limitation on the Amount of Credit that a Student May Earn in a Given Time Period

(a) Traditionally-delivered three-semester-credit-hour courses should contain 15 weeks of instruction (45 contact hours) plus a week for final examinations so that such a course contains 45 to 48 contact hours depending on whether there is a final exam.

(b) Every college course is assumed to involve a significant amount of non-contact hour time for out-of-class student learning and reflection. To ensure the quality of student learning, institutions should not allow students to carry more courses in any term (that is, regular or shortened semester), which would allow them to earn more than one semester credit hour per week over the course of the term. For example, in a five and a half week summer term, students should not generally be allowed to enroll for more than six semester credit hours.

(c) Institutions should have a formal written policy for addressing any exceptions to subsection (b) of this section.

(d) Courses delivered in shortened semesters are expected to have the same number of contact hours and the same requirement for out-of-class learning as courses taught in a normal semester.

(e) Institutions may offer a course in a non-traditional way (for example, over the internet, or through a shortened, intensive format) that does not meet these contact hour requirements, if the course has been reviewed and approved through a formal, institutional faculty review process that evaluates the course and its learning outcomes and determines that the course does, in fact, have equivalent learning outcomes to an equivalent, traditionally delivered course.

Comments

Source Note: The provisions of this §4.6 adopted to be effective May 27, 2003, 28 TexReg 4107

§4.7: Student Transcripts

(a) Student transcripts shall contain a record of each state funded course attempted by a student at the transcripting institution after January 1, 1998. This includes all courses for which the student was enrolled as of the official census date each term, including developmental education courses, courses that were not completed, courses that were dropped, and courses that were repeated.

(b) The student transcript or an addendum to the transcript certified by the appropriate institutional official shall contain a record of the student's status in regard to the Texas Success Initiative (TSI). The document should include the status for each section of a test taken for TSI purposes (reading, mathematics, writing) with information as to how the student met the TSI requirement. The information provided should enable receiving institutions to use the transcript or the addendum as a single source of information to determine the student's TSI status.

(c) Student transcripts created after September 1, 2000 should be maintained by the institutions in a format suitable for electronic interchange. The format of transcripts shall be the format that is used to store the most transcripts by Texas institutions of higher education as of September 1, 1998 or another format adopted by a majority of the members of the Texas Association of Collegiate Registrars and Admissions Officers.

(d) Student transcripts or an addendum to the transcript certified by the appropriate institutional official shall identify all courses completed in satisfaction of the core curriculum as specified in §4.28(h) of this title (relating to Transfer of Credit, Core Curriculum and Field of Study Curricula).

Comments

Source Note: The provisions of this §4.7 adopted to be effective May 27, 2003, 28 TexReg 4107; amended to be effective February 22, 2005, 30 TexReg 834

§4.8: Expert Witnesses

(a) Under Texas Education Code, §61.0815, the president of an institution of higher education shall file a written report with the Board regarding members of the faculty or professional staff who received compensation for serving as consulting or testifying expert witnesses during the prior fiscal year in lawsuits in which the state is a party.

(b) The report shall be filed with the Board no later than September 30 of each year and shall contain:

(1) the number of hours spent by faculty or professional staff members serving as consulting or testifying expert witnesses during the prior fiscal year;

(2) the names of the parties, cause number and county where the cause is filed, for each case in which qualifying expert witness services was rendered; and

(3) the outcome of the case, including the amount of:

(A) any judgment entered against the state;

(B) any prejudgment or postjudgment interest awarded against the state; and

(C) any attorney's fees of another party ordered to be paid by the state.

(c) The information regarding the number of hours spent by faculty or staff serving as consulting or testifying expert witnesses shall be reported to the Board in the aggregate without identifying specific individuals.

(d) In the event an institution cannot provide the information specified in subsection (b) of this section, the Texas Attorney General's Office shall be requested to provide the information to the Board.

Comments

Source Note: The provisions of this §4.8 adopted to be effective May 27, 2003, 28 TexReg 4107

§4.9: Excused Absence for a Person Called to Active Military Service

(a) Upon notice from a student required to participate in active military service, an institution shall excuse a student from attending classes or engaging in other required activities, including examinations.

(b) A student shall not be penalized for an absence which is excused under this subsection and shall be allowed to complete an assignment or take an examination from which the student is excused within a reasonable time after the absence.

(c) Each institution shall adopt a policy under this subsection which includes:

(1) the retention of a student's course work completed during the portion of the course prior to the student being called to active military service;

(2) the course syllabus or other instructional plan, so that the student will be able to complete the course without prejudice and under the same course requirements that were in effect when the student enrolled in the course;

(3) a definition of a reasonable time after the absence for the completion of assignments and examinations;

(4) procedures for failure of a student to satisfactorily complete the assignment or examination within a reasonable time after the absence; and

(5) an institutional dispute resolution process regarding the policy.

(d) The maximum period for which a student may be excused under this section shall be no more than 25% (twenty-five percent) of the total number of class meetings or the contact hour equivalent (not including the final examination period) for the specific course or courses in which the student is currently enrolled at the beginning of the period of active military service.

(e) Institutions are directed to develop and publish policies and procedures to ensure that students enrolled in distance learning, self-paced, correspondence, and other asynchronous courses receive equivalent consideration for the purposes of determining acceptable duration of excused absences and time limits for the completion of course work following an excused absence under this section.

Comments

Source Note: The provisions of this §4.9 adopted to be effective November 22, 2005, 30 TexReg 7725

§4.10: Limitations on the Number of Courses That May Be Dropped under Certain Circumstances by Undergraduate Students

(a) Beginning with the fall 2007 academic term, and applying to students who enroll in higher education for the first time during the fall 2007 academic term or any term subsequent to the fall 2007 term, an institution of higher education may not permit an undergraduate student a total of more than six dropped courses, including any course a transfer student has dropped at another institution of higher education, unless:

(1) the institution has adopted a policy under which the maximum number of courses a student is permitted to drop is less than six; or

(2) the student shows good cause for dropping more than that number, including but not limited to a showing of:

(A) a severe illness or other debilitating condition that affects the student's ability to satisfactorily complete the course;

(B) the student's responsibility for the care of a sick, injured, or needy person if the provision of that care affects the student's ability to satisfactorily complete the course;

(C) the death of a person who is considered to be a member of the student's family or who is otherwise considered to have a sufficiently close relationship to the student that the person's death is considered to be a showing of good cause;

(D) the active duty service as a member of the Texas National Guard or the armed forces of the United States of either the student or a person who is considered to be a member of the student's family or who is otherwise considered to have a sufficiently close relationship to the student that the person's active military service is considered to be a showing of good cause;

(E) the change of the student's work schedule that is beyond the control of the student, and that affects the student's ability to satisfactorily complete the course; or

(F) other good cause as determined by the institution of higher education.

(b) For purposes of this section, a "member of the student's family" is defined to be the student's spouse, child, grandchild, father, mother, brother, sister, grandmother, grandfather, aunt, uncle, nephew, niece, first cousin, step-parent, step-child, or step-sibling; a "person who is otherwise considered to have a sufficiently close relationship to the student" is defined to include any other relative within the third degree of consanguinity, plus close friends, including but not limited to roommates, housemates, classmates, or other persons identified by the student, for approval by the institution on a case-by-case basis.

(c) For purposes of this section, a "grade" is defined to be the indicator, usually a letter like A, B, C, D, or F, or P (for pass) assigned upon the student's completion of a course. A "grade" indicates either that the student has earned and will be awarded credit, if the student has completed the course requirements successfully; or that the student remained enrolled in the course until the completion of the term or semester but failed to provide satisfactory performance required to be awarded credit. A "grade" under this definition does not include symbols to indicate that the course has been left incomplete, whether those symbols indicate a negotiated temporary suspension of the end-of-term deadline for completion of the course requirements commonly designated as "incomplete" status, a dropped course under the conditions designated for this section, or a withdrawal from the institution.

(d) Each institution of higher education shall adopt a policy and procedure for determining a showing of good cause as specified in subsection (a) of this section and shall provide a copy of the policy to the Coordinating Board.

(e) Each institution of higher education shall publish the policy adopted under this section in its catalogue and other print and Internet-based publications as appropriate for the timely notification of students.

Comments

Source Note: The provisions of this §4.10 adopted to be effective November 28, 2007, 32 TexReg 8484

§4.11: Common Admission Application Forms

(a) A common application form for freshman and undergraduate transfer applications is hereby adopted by the Coordinating Board pursuant to Texas Education Code, §51.762. The form is adopted in both a printed format, distributed each August to Texas high schools and available at www.collegeforalltexans.com, and in an electronic format (www.applytexas.org). The Board, with the assistance of an advisory committee composed of representatives of general academic teaching institutions, public junior colleges, public state colleges, and public technical institutes, will review the form and recommend any changes for subsequent academic years.

(b) Public junior colleges, public state colleges, and public technical institutes must accept freshman and undergraduate transfer applications using the electronic common admission application form. General academic teaching institutions must accept freshman and undergraduate transfer applications using either the electronic or printed format.

(c) Each general academic teaching institution shall collect information regarding gender, race/ethnicity, and date of birth as part of the application process and report this information to the Coordinating Board.

(d) All general academic teaching institutions shall adhere to the following guidelines:

(1) No general academic teaching institution shall pre-print its own name on the printed common application form, and no general academic teaching institution's name or logo shall appear on the form.

(2) When sending the common application to a student along with other supplemental information or when inserting it into a viewbook, it shall be included with no alterations and shall include the instructions for completing the application, the general application information and the list of deadlines for all general academic teaching institutions.

(e) The Coordinating Board shall ensure that copies of the freshman common admission application form and information for its use are available for distribution to appropriate personnel at each Texas public high school. The Coordinating Board will work with institutions and high schools to ensure that all high schools have access to either the printed or electronic common application form. Participating institutions may charge a reasonable fee for the filing of a common application form.

(f) The Coordinating Board shall enter into a contract with a public institution of higher education to maintain the electronic common application system for use by the public in applying for admission to participating institutions and for distribution of the electronic application to the participating institutions designated by the applicant. Operating costs of the system will be paid for by all institutions required to use the common application plus independent and health-related institutions that contract to use the electronic application. Each participating institution shall pay a portion of the cost based on the percentage of its enrollment compared to the total enrollment of all participating institutions based on the previous year's certified enrollment data. The Coordinating Board will monitor the cost of the system and notify the institutions on an annual basis of their share of the cost. Billings for the services for the coming year will be calculated and sent to the institutions in the spring and payments must be received by September 15.

Comments

Source Note: The provisions of this §4.11 adopted to be effective February 22, 2010, 35 TexReg 1451

Subchapter B

§4.21: Purpose

The purpose of this subchapter is to provide for the development and implementation of policies that encourage the free and appropriate transferability of lower division course credit among institutions of higher education, and especially to provide for the smooth transfer of lower division credit through core curricula, field of study curricula, and a procedure for the resolution of transfer disputes.

Comments

Source Note: The provisions of this §4.21 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.22: Authority

The Board is authorized to adopt rules and establish policies and procedures for the development, adoption, implementation, and evaluation of core curricula, field of study curricula, and a transfer dispute resolution process under Texas Education Code §§61.051(g), and Texas Education Code §§61.821- 832.

Comments

Source Note: The provisions of this §4.22 adopted to be effective May 27, 2003, 28 TexReg 4109; amended to be effective May 23, 2004, 29 TexReg 5056

§4.23: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Core Curriculum--the curriculum in the liberal arts, humanities, sciences, and political, social, and cultural history that all undergraduates of an institution of higher education are required to complete before receiving an academic undergraduate degree. Core curriculum provisions apply to public colleges and universities, and to academic degree programs offered at health-related institutions.

(4) Field of Study Curriculum (FOSC)--a set of courses that will satisfy the lower-division requirements for a baccalaureate degree in a specific academic area at a general academic teaching institution. A field of study curriculum affects academic degree programs at public colleges or universities as designated within the particular field of study curriculum.

(5) Texas Common Course Numbering System (TCCNS)--a course numbering system for lower-division courses that assigns common course numbers to lower-division academic courses in order to facilitate the transfer of courses among institutions of higher education by promoting consistency in course designation and identification.

(6) Course consistent with the Texas Common Course Numbering System (TCCNS)--a lower-division course that meets one of three conditions:

(A) it has an assigned a TCCNS number and is listed in the Lower Division Academic Course Guide Manual;

(B) a TCCNS number and inclusion in the Lower Division Academic Course Guide Manual have been requested for the course; or

(C) the institution which offers the course has specified at least one TCCNS course listed in the Lower Division Academic Course Guide Manual that will be accepted in transfer in lieu of the course.

(7) Institution of Higher Education or institution--any public technical institute, public junior college, public senior college or university, medical or dental unit, other agency of higher education as defined in Texas Education Code, §61.003.

(8) The Lower Division Academic Course Guide Manual (ACGM)--an official Board publication that lists a basic core of general academic courses which are freely transferable among all public institutions of higher education in Texas in accordance with the Texas Education Code, §61.051(g). TCCNS numbers are assigned to most courses in the manual.

(9) Faculty member--a person who is employed full-time by an institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration. However, the term does not include a person holding faculty rank who spends a majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate of assistant provost, or dean.

Comments

Source Note: The provisions of this §4.23 adopted to be effective May 27, 2003, 28 TexReg 4109; amended to be effective May 23, 2004, 29 TexReg 5056

§4.24: General Provisions

(a) All successfully completed lower-division academic courses that are identified by the Texas Common Course Numbering System (TCCNS) and published in the Lower Division Academic Course Guide Manual (ACGM) shall be fully transferable among public institutions and shall be substituted for the equivalent course at the receiving institution. Except in the case of courses belonging to a Board-approved Field of Study Curriculum (FOSC), applicability of transferred courses to requirements for specific degree programs is determined by the receiving institution.

(b) Nothing in this subchapter restricts the authority of an institution of higher education to adopt its own admission standards in compliance with this subchapter or its own grading policies so long as it treats transfer students and native students in the same manner.

(c) Institutional policies regarding acceptance of credit for correspondence courses, credit-by-examination, and other credit-earning instruments must be consistent with Southern Association of Colleges and Schools' guidelines and must treat transfer students and native students in the same manner.

(d) This subchapter applies specifically to academic courses and degree programs, and does not apply to technical courses or technical degree programs.

Comments

Source Note: The provisions of this §4.24 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.25: Requirements and Limitations

(a) Each institution of higher education shall identify in its undergraduate catalog each lower-division course that is substantially equivalent to an academic course listed in the current edition of the Lower Division Academic Course Guide Manual.

(b) Each institution of higher education must offer at least 45 semester credit hours of academic courses that are substantially equivalent to courses listed in the Lower Division Academic Course Guide Manual including those that fulfill the lower-division portion of the institution's Core Curriculum.

(c) All institutions of higher education must accept transfer of credit for successfully completed courses identified in subsections (a) and (b) of this section as applicable to an associate or baccalaureate degree in the same manner as credit awarded to non-transfer students in that degree program.

(d) Each institution shall be required to accept in transfer into a baccalaureate degree program the number of lower-division credit hours in the program which are allowed for their non-transfer students in that program; however,

(1) No institution shall be required to accept in transfer more credit hours in the major area of a degree program than the number set out in any applicable Board-approved Field of Study Curriculum for that program.

(2) In any degree program for which there is no Board-approved Field of Study Curriculum, no institution shall be required to accept in transfer more lower-division course credit in the major applicable to a baccalaureate degree than the institution allows their non-transfer students in that major.

(3) An institution of higher education may deny the transfer of credit in courses with a grade of "D" as applicable to the student's field of study curriculum courses, core curriculum courses, or major.

(e) All institutions of higher education in Texas shall provide support services appropriate to meet the needs of transfer students. These support services should be comparable to those provided to non-transfer students regularly enrolled at the institutions, including an orientation program similar to that provided for entering freshman enrollees.

(f) No institution of higher education shall be required to accept in transfer, or apply toward a degree program, more than sixty-six (66) semester credit hours of lower-division academic credit. Institutions of higher education, however, may choose to accept additional credit hours.

(g) Each institution of higher education shall permit a student who transfers from another Texas public institution of higher education to choose a catalog for the purpose of specifying graduation requirements, based upon the dates of attendance at the receiving institution and at the transferring institution, in the same manner that a non-transfer student may choose a catalog. Each Texas public institution of higher education shall include information about graduation requirements under a particular catalog in its official publications, including print and electronic catalogs.

Comments

Source Note: The provisions of this §4.25 adopted to be effective May 27, 2003, 28 TexReg 4109; amended to be effective May 12, 2005, 30 TexReg 2660

§4.26: Penalty for Noncompliance with Transfer Rules

If it is determined by the Board that an institution inappropriately or unnecessarily required a student to retake a course that is substantially equivalent to a course already taken at another institution, in violation of the provisions of §4.25 of this title (relating to Requirements and Limitations), formula funding for credit hours in the repeated course will be deducted from the institution's appropriation.

Comments

Source Note: The provisions of this §4.26 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.27: Resolution of Transfer Disputes for Lower-Division Courses

(a) The following procedures shall be followed by institutions of higher education in the resolution of credit transfer disputes involving lower-division courses:

(1) If an institution of higher education does not accept course credit earned by a student at another institution of higher education, the receiving institution shall give written notice to the student and to the sending institution that transfer of the course credit is denied, and shall include in that notice the reasons for denying the credit. Attached to the written notice shall be the procedures for resolution of transfer disputes for lower-division courses as outlined in this section, accompanied by clear instructions outlining the procedure for appealing the decision to the Commissioner.

(2) A student who receives notice as specified in paragraph (1) of this subsection may dispute the denial of credit by contacting a designated official at either the sending or the receiving institution.

(3) The two institutions and the student shall attempt to resolve the transfer of the course credit in accordance with Board rules and guidelines.

(4) If the transfer dispute is not resolved to the satisfaction of the student or the sending institution within 45 days after the date the student received written notice of denial, the sending institution may notify the Commissioner in writing of the request for transfer dispute resolution, and the institution that denies the course credit for transfer shall notify the Commissioner in writing of its denial and the reasons for the denial.

(b) The Commissioner or the Commissioner's designee shall make the final determination about a dispute concerning the transfer of course credit and give written notice of the determination to the involved student and institutions.

(c) Each institution of higher education shall publish in its course catalogs the procedures specified in subsections (a), (b), (d), and (e) of this section.

(d) The Board shall collect data on the types of transfer disputes that are reported and the disposition of each case that is considered by the Commissioner or the Commissioner's designee.

(e) If a receiving institution has cause to believe that a course being presented by a student for transfer from another school is not of an acceptable level of quality, it should first contact the sending institution and attempt to resolve the problem. In the event that the two institutions are unable to come to a satisfactory resolution, the receiving institution may notify the Commissioner, who may investigate the course. If its quality is found to be unacceptable, the Board may discontinue funding for the course.

Comments

Source Note: The provisions of this §4.27 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.28: Core Curriculum

(a) General. In accordance with Texas Education Code, §§61.821 - 61.831, each general academic institution, community college, and health-related institution shall design and implement a core curriculum, including specific courses composing the curriculum, of no less than 42 lower-division semester credit hours. Health-related institutions should encourage their students to complete their core curriculum requirement at a general academic institution or community college.

(b) Component Areas. Each institution's core curriculum must be designed to satisfy the exemplary educational objectives specified for the component areas of the "Core Curriculum: Assumptions and Defining Characteristics" adopted by the Board; all lower-division courses included in the core curriculum must be consistent with the "Texas Common Course Numbering System," and must be consistent with the framework identified in Charts I and II of this subsection. Chart I specifies the minimum number of semester credit hours required in each of five major component areas that a core curriculum must include (with sub-areas noted in parentheses). Chart II specifies options available to institutions for the remaining 6 - 12 semester credit hours.

Attached Graphic

(c) Transfer of Credit--Completed Core Curriculum. If a student successfully completes the 42 semester credit hour core curriculum at a Texas public institution of higher education, that block of courses may be transferred to any other Texas public institution of higher education and must be substituted for the receiving institution's core curriculum. A student shall receive academic credit for each of the courses transferred and may not be required to take additional core curriculum courses at the receiving institution unless the Board has approved a larger core curriculum at that institution.

(d) Concurrent Enrollment.

(1) A student concurrently enrolled at more than one institution of higher education shall follow the core curriculum requirements in effect for the institution at which the student is classified as a degree-seeking student.

(2) A student who is concurrently enrolled at more than one institution of higher education may be classified as a degree-seeking student at only one institution.

(3) If a student maintains continuous enrollment from a spring semester to the subsequent fall semester at an institution at which the student has declared to be seeking a degree, the student remains a degree-seeking student at that institution regardless of the student's enrollment during the intervening summer session(s) at another institution.

(e) Transfer of Credit--Core Curriculum Not Completed. Except as specified in subsection (f) of this section, a student who transfers from one institution of higher education to another without completing the core curriculum of the sending institution shall receive academic credit within the core curriculum of the receiving institution for each of the courses that the student has successfully completed in the core curriculum of the sending institution. Following receipt of credit for these courses, the student may be required to satisfy the remaining course requirements in the core curriculum of the receiving institution.

(f) Satisfaction of Component Areas. Each student must meet the minimum number of semester credit hours in each component area; however, an institution receiving a student in transfer is not required to accept component core course semester credit hours beyond the maximum specified in a core component area.

(g) Exemplary Educational Objectives From More Than One Component Area. An institution may include within its core curriculum a course or courses that combine exemplary educational objectives from two or more component areas of the exemplary educational objectives defined in this section.

(h) Transcripts. Each institution must note core courses on student transcripts as recommended by the Texas Association of Collegiate Registrars and Admissions Officers (TACRAO).

(i) Notice. Each institution must publish and make readily available to students its core curriculum requirements stated in terms consistent with the "Texas Common Course Numbering System."

(j) Substitutions and Waivers. No institution or institutional representative may approve course substitutions or waivers of the institution's core curriculum requirements for any currently enrolled student, except as provided in subsection (k) of this section. For students who transfer to a public institution from a college or university that is not a Texas public institution of higher education, courses the student completed prior to admission should be evaluated to determine whether they apply to one of the institution's core curriculum component areas. Only those courses the institution has accepted for transfer that can demonstrate fulfillment of the exemplary educational objectives for the appropriate component area or areas should be applied to the institution's core curriculum.

(k) Accommodations.

(1) An institution of higher education may, on a case-by-case basis, approve an accommodation of a specific core curriculum component area requirement as described in paragraph (3) of this subsection for a student with a medically-documented learning disability, including but not limited to dyslexia, dysgraphia, or Asperger's Syndrome.

(2) Accommodation shall not include a waiver or exemption of any core curriculum requirement.

(3) An institution may approve for core curriculum applicability a course the institution offers but that is not approved as a part of the institution's core curriculum, if the institution demonstrates that the course has been approved to fulfill the same specific core curriculum component area requirement at five or more other Texas public colleges or universities. The Texas Common Course Numbering System course number may be used as evidence of the suitability of the course under this subsection.

Comments

Source Note: The provisions of this §4.28 adopted to be effective May 27, 2003, 28 TexReg 4109; amended to be effective August 15, 2006, 31 TexReg 6325; amended to be effective February 18, 2008, 33 TexReg 1324; amended to be effective May 26, 2010, 35 TexReg 4147

§4.29: Core Curricula Larger than 42 Semester Credit Hours

(a) An institution may adopt a core curriculum under this subchapter in excess of 42 semester credit hours, but no more than 48 semester credit hours, if the courses in excess of 42 semester credit hours are selected from the first five component areas of Chart II of §4.28(b) of this title (relating to Core Curriculum) (excluding additional credit in the Institutionally Designated Option) and are approved by the institution's governing board.

(b) No institution may adopt a core curriculum of more than 42 semester credit hours without approval by the Board if the courses in excess of 42 semester credit hours are selected from component areas other than the first five component areas of Chart II of §4.28(b) of this title (relating to Transfer of Credit, Core Curriculum and Field of Study Curricula). The Board may approve a core curriculum under this section if:

(1) It has been previously approved by the institution's governing board;

(2) The institution has provided to the Board a narrative justification of the need and appropriateness of a larger core curriculum that is consistent with its role and mission; and

(3) No proposed upper-division core course is substantially comparable in content or depth of study to a lower-division course listed in the "Texas Common Course Numbering System."

Comments

Source Note: The provisions of this §4.29 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.30: Criteria for Evaluation of Core Curricula

(a) Each public institution of higher education shall review and evaluate its core curriculum every ten years on the schedule that accords with the institution's accreditation reaffirmation self-study report to the Southern Association of Colleges and Schools or its successor, and report the results of that evaluation to the Board. The evaluation should include:

(1) the extent to which the core curriculum is consistent with the elements of the core curriculum recommended by the Board;

(2) the extent to which the core curriculum is consistent with the Texas Common Course Numbering System (TCCNS);

(3) the extent to which the core curriculum is consistent with the elements of the core curriculum component areas, intellectual competencies, and perspectives as expressed in Core Curriculum: Assumptions and Defining Characteristics adopted by the Board; and

(4) the extent to which the institution's educational goals and the exemplary educational objectives of the core curriculum recommended by the Board are being achieved;

(b) Each institution's evaluation report must contain at least the following:

(1) a table that compares the institution's core curriculum with the core component areas and exemplary educational objectives of the core curriculum recommended by the Board;

(2) a brief description of the purpose and substance of the institution's core curriculum;

(3) a description of the processes and procedures used to evaluate the institution's core curriculum; and

(4) a description of the ways in which the evaluation results are being or will be utilized to improve the core curriculum at the institution.

Comments

Source Note: The provisions of this §4.30 adopted to be effective May 27, 2003, 28 TexReg 4109; amended to be effective February 18, 2008, 33 TexReg 1324

§4.31: Revision of Existing Approved Core Curricula

(a) Each public institution of higher education that does not already have a Board-approved core curriculum on file must submit its proposed core curriculum to the Board for staff review and approval. The request for approval should include a description of the goals of the core curriculum, a table showing the institution's core curriculum by component area (based on the model found in Charts I and II in §4.28(b) of this title, relating to Core Curriculum), and a complete listing of courses approved by the institution to fulfill core component requirements, organized to reflect each required and supplemental component area of the core curriculum as detailed in the document Core Curriculum: Assumptions and Defining Characteristics, adopted by the Board. Courses should be selected to fulfill component requirements in a core curriculum based at least in part on their ability to meet most of the exemplary educational outcome statements for the component area as described in the document Core Curriculum: Assumptions and Defining Characteristics, adopted by the Board.

(b) An institution should follow these procedures to modify its core curriculum to add or delete courses, change the total number of semester credit hours in a non-required component area, or change the total number of semester credit hours required in its core curriculum:

(1) submit to the Board a letter documenting each change to be made, the component area(s) affected, and a rationale for the change;

(2) requests that involve changing the overall number of semester credit hours in the core curriculum or the number in a given component area require documentation of prior approval by the institution's governing board;

(3) the institution shall receive a letter from the Board staff giving notice of acceptance of the proposed changes and/or indicating any changes that do not meet Board-approved criteria.

(c) Upon receiving an approval letter from Board staff, the institution shall make any required changes to its core curriculum and will document those changes in institutional publications.

Comments

Source Note: The provisions of this §4.31 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.32: Field of Study Curricula

(a) In accordance with Texas Education Code, §61.823, the Board approves field of study curricula for certain fields of study/academic disciplines. Field of study curricula shall be developed with the assistance of advisory committees whose membership includes at least a majority of members who are teaching faculty (as defined by §4.23(8) of this title, relating to Definitions for Core Curriculum and Field of Study Curricula) within the field of study under consideration.

(b) If a student successfully completes a field of study curriculum developed by the Board, that block of courses may be transferred to a general academic teaching institution and must be substituted for that institution's lower-division requirements for the degree program for the field of study into which the student transfers, and the student shall receive full academic credit toward the degree program for the block of courses transferred.

(c) A student who transfers from one institution of higher education to another without completing the field of study curriculum of the sending institution shall receive academic credit in the field of study curriculum of the receiving institution for each of the courses that the student has successfully completed in the field of study curriculum of the sending institution. Following receipt of credit for these courses, the student may be required to satisfy the remaining course requirements in the field of study curriculum of the receiving institution, or to complete additional requirements in the receiving institution's program, as long as those requirements do not duplicate course content already completed through the field of study curriculum.

(d) A student concurrently enrolled at more than one institution of higher education shall follow the field of study curriculum requirements of the institution at which the student is classified as a degree-seeking student.

(e) Each institution must note field of study curriculum courses on student transcripts as recommended by the Texas Association of Collegiate Registrars and Admissions Officers (TACRAO).

(f) Each institution must review and evaluate its procedures for complying with field of study curricula at intervals specified by the Board and shall report the results of that review to the Board. These reports shall be submitted following the same timetable as the regular reports of core curriculum evaluations.

Comments

Source Note: The provisions of this §4.32 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.33: Criteria for Evaluation of Field of Study Curricula

(a) Every five years, each public institution of higher education shall review and evaluate its policies and practices regarding the acceptance and application of credit earned as part of a Board-approved field of study curriculum, and reports the results of that evaluation to the Board. The evaluation should include:

(1) the extent to which the institution's compliance with the acceptance of transfer credit through field of study curricula is being achieved;

(2) the extent to which the institution's application to the appropriate degree program of credit earned as part of a Board-approved field of study curriculum facilitates academic success;

(3) the effectiveness of field of study curricula in the retention and graduation of transfer students in those degree programs that have Board-approved field of study curricula.

(b) Each institution's evaluation report must contain at least the following:

(1) a listing of the institution's degree programs that have Board-approved field of study curricula;

(2) a description of the institution's policies and practices regarding applicable Board-approved field of study curricula, including admission-point evaluation of transfer credit, advising practices (including catalogue and website information on existing field of study curricula and advising/counseling practices for enrolled students), and transcripting practices to show field of study participation and completion;

(3) a chart or table showing the number of total transfer students for each degree program that has a Board-approved field of study curriculum, for each of the last five years; the chart should indicate year-by-year the percentage of students who transferred having completed the applicable field of study curriculum, the percentage of students who transferred without having completed the applicable field of study curriculum, and any information about progress toward graduation or graduation rates that can compare transfer student performance with non-transfer student performance during the evaluation period.

Comments

Source Note: The provisions of this §4.33 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.34: Revision of Existing Approved Field of Study Curricula

(a) The Board shall have the authority to modify or revise a Board-approved field of study curriculum when a need for such a revision is identified, as specified in current Board policy and procedures.

(b) The need for a revision or modification to a Board-approved field of study curriculum may be identified by one the following methods, or by other methods that are similarly appropriate:

(1) notice of a change in licensure, certification, or accreditation standards that would affect the field of study curriculum and lower-division requirements for a field of study or academic discipline;

(2) notice of a change in curricular structure or content that is part of a pervasive change in the academic discipline served by the field of study curriculum, as documented by national or regional professional organizations, faculty organizations, or other indicators of best practices in the discipline;

(3) receipt of a request from at least three public institutions of higher education that are affected by the field of study curriculum under consideration for modification, including at least one two-year and one four-year academic-degree-granting institution. The request and justifications for the request should be made by the chief academic officers of the institutions, in a joint memorandum sent to the Commissioner.

(c) Any proposed modification or revision to a Board-approved field of study curriculum should be evaluated by an advisory committee convened under the conditions cited in §4.30(a) of this title (relating to Criteria for Evaluation of Core Curricula). Recommendations for modifications or revisions to a Board-approved field of study curriculum should reflect the advice and wisdom of an advisory committee made up primarily of teaching faculty from the academic discipline(s) affected by the field of study curriculum under consideration.

Comments

Source Note: The provisions of this §4.34 adopted to be effective May 27, 2003, 28 TexReg 4109

§4.35: Texas Common Course Numbering System

(a) Each institution shall include the applicable course numbers from the TCCNS in its printed and electronic catalogs, course listings, and any other appropriate informational resources, and in the application of the provisions of this subchapter. Institutions that do not use the TCCNS taxonomy as their sole means of course numbering shall publish the following information in their printed and electronic catalogs, course listings, and any other appropriate informational resources:

(1) The TCCNS prefix and number must be displayed immediately adjacent to the institutional course prefix and number (e.g. ENG 101 (ENGL 1301) at the beginning of each course description; and

(2) The printed and electronic catalogs shall include a chart, table, or matrix, alphabetized by common course prefix, listing all common courses taught at the institution by both the common and local course number. For printed catalogs, the chart, table, or matrix should be referenced in a table of contents and/or a subject index.

(b) Each institutional catalog shall include an explanation of the TCCNS and the significance of TCCNS courses for transfer purposes.

(c) Each institution shall comply with the requirements of sections (a) and (b) no later than September 1, 2005.

(d) For good cause, the Commissioner may approve an exemption from the requirements of this section.

Comments

Source Note: The provisions of this §4.35 adopted to be effective May 23, 2004, 29 TexReg 5057

§4.36: Undergraduate Academic Certificate

(a) Institutions of higher education are encouraged to develop undergraduate academic certificate programs of less than degree length. These rules are intended to provide a streamlined process for approval of these certificates.

(b) Undergraduate academic certificates may be awarded upon the completion of:

(1) the Board-approved approved core curriculum of the institution;

(2) a Board-approved field of study curriculum; or

(3) a Board-approved statewide articulated transfer curriculum of less than degree length.

(c) Undergraduate academic certificates which meet one of the criteria in subsection (b) of this section require Board notification and are automatically approved.

Comments

Source Note: The provisions of this §4.36 adopted to be effective December 3, 2009, 34 TexReg 8506

Subchapter C

§4.51: Purpose

The purpose of this subchapter is to implement the Texas Success Initiative for Texas public institutions of higher education. It is the intent of the Texas Higher Education Coordinating Board that Texas public institutions of higher education use the flexibility and responsibility granted under these rules to improve individualized programs to ensure the success of students in higher education.

Comments

Source Note: The provisions of this §4.51 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.52: Authority

Under Texas Education Code, §51.307, the Board is authorized to adopt rules to implement the provisions of Texas Education Code, §51.3062. Texas Education Code, §51.403(e), authorizes the Board to establish guidelines and reporting requirements.

Comments

Source Note: The provisions of this §4.52 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.53: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Assessment--the use of a Board-approved instrument to determine the academic skills of each entering undergraduate student and the student's readiness to enroll in freshman-level academic coursework.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Developmental Coursework--non-degree-credit coursework designed to address a student's deficiencies.

(4) Developmental Education--developmental courses, tutorials, laboratories, and other means of assistance that are included in a plan to ensure the success of a student in performing freshman-level academic coursework.

(5) Institution of higher education or institution--any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003(8).

(6) Minimum Passing Standards--The minimum scores which must be attained by a student in reading, writing, and mathematics that indicates the student's readiness to enroll in freshman-level academic coursework.

(7) Non-Degree Credit Course--A course which may not be counted toward a degree or certificate. The term includes developmental, pre-collegiate and continuing education courses.

Comments

Source Note: The provisions of this §4.53 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.54: Exemptions/Exceptions

(a) The following students shall be exempt from the requirements of this title:

(1) For a period of five (5) years from the date of testing, a student who is tested and performs at or above the following standards:

(A) ACT: composite score of 23 with a minimum of 19 on the English test and/or the mathematics test shall be exempt for those corresponding sections;

(B) Scholastic Assessment Test (SAT): a combined verbal and mathematics score of 1070 with a minimum of 500 on the verbal test and/or the mathematics test shall be exempt for those corresponding sections; or

(2) For a period of three (3) years from the date of testing, a student who is tested and performs on the Texas Assessment of Academic Skills (TAAS) with a minimum scale score of 1770 on the writing test, a Texas Learning Index (TLI) of 86 on the mathematics test and 89 on the reading test.

(3) For a period of three (3) years from the date of testing, a student who is tested and performs on the Eleventh grade exit-level Texas Assessment of Knowledge and Skills (TAKS) with a minimum scale score of 2200 on the math section and/or a minimum scale score of 2200 on the English Language Arts section with a writing subsection score of at least 3, shall be exempt from the assessment required under this title for those corresponding sections.

(4) A student who has graduated with an associate or baccalaureate degree from an institution of higher education.

(5) A student who transfers to an institution from a private or independent institution of higher education or an accredited out-of-state institution of higher education and who has satisfactorily completed college-level coursework as determined by the receiving institution.

(6) A student who has previously attended any institution and has been determined to have met readiness standards by that institution.

(7) A student who is enrolled in a certificate program of one year or less (Level-One certificates, 42 or fewer semester credit hours or the equivalent) at a public junior college, a public technical institute, or a public state college.

(8) A student who is serving on active duty as a member of the armed forces of the United States, the Texas National Guard, or as a member of a reserve component of the armed forces of the United States and has been serving for at least three years preceding enrollment.

(9) A student who on or after August 1, 1990, was honorably discharged, retired, or released from active duty as a member of the armed forces of the United States or the Texas National Guard or service as a member of a reserve component of the armed forces of the United States.

(b) An institution may exempt a non-degree-seeking or non-certificate-seeking student.

Comments

Source Note: The provisions of this §4.54 adopted to be effective December 3, 2003, 28 TexReg 10753; amended to be effective May 17, 2004, 29 TexReg 4868; amended to be effective August 15, 2004, 29 TexReg 7971

§4.55: Assessment

(a) An institution shall assess, by an instrument approved in §4.56 of this title (relating to Assessment Instruments), the academic skills of each entering undergraduate student prior to enrollment of the student. Under exceptional circumstances, an institution may permit a student to enroll in freshman-level academic coursework without assessment but shall require the student to be assessed not later than the end of the first semester of enrollment in freshman-level academic coursework.

(b) An institution offering collegiate-level credit to students via a Multi-Institution Teaching Center (MITC) or a university system center, or to in-state students by distance learning delivery systems shall ensure that students are assessed as required by this section.

(c) An institution may not use the assessment or the results of the assessment as a condition of admission to the institution.

Comments

Source Note: The provisions of this §4.55 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.56: Assessment Instruments

The following assessment instruments are approved by the Board:

(1) ASSET and COMPASS offered by ACT;

(2) ACCUPLACER offered by The College Board

(3) Texas Higher Education Assessment (THEA) (formerly TASP Test) offered by National Evaluation Systems, Inc.

Comments

Source Note: The provisions of this §4.56 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.57: Minimum Passing Standards

(a) The following minimum passing standards shall be used by an institution to determine a student's readiness to enroll in freshman-level academic coursework:

(1) ASSET: Reading Skills - 41; Elementary Algebra - 38; Writing Skills (objective) - 40; and Written Essay - 6.

(2) COMPASS: Reading Skills - 81; Algebra - 39; Writing Skills (objective) - 59; and Written Essay - 6.

(3) ACCUPLACER: Reading Comprehension - 78; Elementary Algebra - 63; Sentence Skills - 80; and Written Essay - 6.

(4) THEA: Reading - 230; Mathematics - 230; Writing - 220.

(b) The minimum passing standard for the written essay portion of all tests is a score of 6. However, an essay with a score of 5 will meet this standard if the student meets the objective writing test standard.

(c) An institution may require higher passing standards.

Comments

Source Note: The provisions of this §4.57 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.58: Advisement and Plan for Academic Success

(a) For each student who fails to meet the minimum passing standards described in §4.57 of this title (relating to Minimum Passing Standards), an institution shall:

(1) Establish a program to advise the student regarding developmental education necessary to ensure the readiness of that student in performing freshman-level academic coursework.

(2) Determine a plan, working with the student, for academic success, which shall include developmental education and may include provisions for enrollment in appropriate non-developmental coursework.

(b) Each plan for academic success shall:

(1) Be designed on an individual basis to provide the best opportunity for each student to succeed in performing freshman-level academic coursework.

(2) Provide to the student a description of the appropriate developmental education considered necessary to ensure the readiness of that student to perform freshman-level academic coursework.

(3) Provide to the student an appropriate measure for determining readiness to perform freshman-level academic coursework, as described in §4.59 of this title (relating to Determination of Readiness to Perform Freshman-level Academic Coursework).

(c) Institutions shall consider all federal laws pertaining to individuals with disabilities when assessing and advising such students.

Comments

Source Note: The provisions of this §4.58 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.59: Determination of Readiness to Perform Freshman-level Academic Coursework

(a) An institution shall determine when a student is ready to perform freshman-level academic coursework on an individual basis according to the needs of the student.

(b) As indicators of readiness, institutions shall consider, as appropriate:

(1) Performance in developmental education.

(2) Performance in appropriate non-developmental coursework.

(3) Performance on an assessment instrument described in § 4.56 of this title (relating to Assessment Instruments) or performance on an institutionally selected assessment.

(4) Performance on an assessment retake for those students who perform at or below the following scores:

(A) ASSET: Reading Skills - 35; Elementary Algebra - 30; and Writing Skills (objective) - 35.

(B) COMPASS: Reading Skills - 64; Algebra - 23; Writing Skills (objective) - 44.

(C) ACCUPLACER: Reading Comprehension - 61; Elementary Algebra - 42; Sentence Skills - 62.

(D) THEA: Reading - 201; Mathematics - 206; Writing - 205.

(E) An essay with a score of 5 will meet these criteria if the student meets the objective writing test standard.

(5) Other indicators of readiness, as determined by the institution.

(c) A student may retake an assessment instrument at any time, subject to availability, to determine the student's readiness to perform freshman-level academic coursework.

(d) An institution shall, as soon as practicable and feasible, indicate a student's readiness in reading, mathematics, and writing on the transcript of each student.

Comments

Source Note: The provisions of this §4.59 adopted to be effective December 3, 2003, 28 TexReg 10753; amended to be effective February 21, 2006, 31 TexReg 1022

§4.60: Evaluation and Reporting

(a) The Board shall evaluate the effectiveness of Texas Success Initiative on a statewide basis and with respect to each institution.

(b) At the end of each semester, institutions shall report to the Board the following information for undergraduate students: Social Security Number (SSN), semester credit hours (SCH), grade points earned, ethnicity, gender, date of birth, Texas Success Initiative status, initial assessment instrument, score on initial assessment, type of developmental education received for each area (reading, mathematics, writing), grade in first related non-developmental course, and the results of any subsequent assessment.

(c) On or before January 1, 2004, each institution shall submit to the Board a revised developmental education plan to reflect the Texas Success Initiative.

Comments

Source Note: The provisions of this §4.60 adopted to be effective December 3, 2003, 28 TexReg 10753

§4.61: Limited Waiver of Rules

The Commissioner of Higher Education is authorized to waive §§4.51 - 4.60 of this title (relating to Texas Success Initiative) for grants and contracts awarded under General Appropriations Act, Senate Bill 1, 81st Texas Legislature, Article III, §50 (page III-62) and §56 (page III-63).

Comments

Source Note: The provisions of this §4.61 adopted to be effective May 26, 2010, 35 TexReg 4147

Subchapter D

§4.81: Purpose

This subchapter provides rules and regulations for public two-year associate degree-granting institutions and for public universities to engage in dual credit partnerships with secondary schools. (See Chapter 9, Subchapter H of this title (relating to Partnerships Between Secondary Schools and Public Two-Year Associate Degree-Granting Institutions) for high school credit only partnerships, Tech-Prep partnerships, and remedial or developmental instruction for high school graduation partnerships.)

Comments

Source Note: The provisions of this §4.81 adopted to be effective May 27, 2003, 28 TexReg 4114

§4.82: Authority

Texas Education Code, §§29.182, 29.184, 61.027, 61.076(J), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d) provide the Board with the authority to regulate dual credit partnerships between public two-year associate degree-granting institution and public universities with secondary schools.

Comments

Source Note: The provisions of this §4.82 adopted to be effective May 27, 2003, 28 TexReg 4114

§4.83: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Board--The Texas Higher Education Coordinating Board.

(2) College--Public two-year associate degree-granting institutions and public universities.

(3) Commissioner--The Commissioner of Higher Education.

(4) Dual credit--A process by which a high school student enrolls in a college course and receives simultaneous academic credit for the course from both the college and the high school. While dual credit courses are often taught on the secondary school campus to high school students only, applicable sections of these rules, §4.84(a) and §4.85(a), (b), (g), (h), (i) of this title (relating to Dual Credit Partnerships), also apply when a high school student takes a course on the college campus and receives both high school and college credit. Dual credit is also referred to as concurrent course credit; the terms are equivalent. However, dual (or concurrent) enrollment refers to a circumstance in which a student is enrolled in more than one educational institution (including a high school and a college).

(5) College Board Advanced Placement--College-level courses and exams available to secondary students under the auspices of the College Board. A College Board-approved Advanced Placement (AP) Program must adhere to the AP course descriptions, include administration of official AP exams, foster teacher professional development, and provide access to AP courses for all students who are willing to enroll in the rigorous academic curriculum of AP courses as prescribed by the College Board.

(6) Public two-year associate degree-granting institution--A community college, a technical college, or a state college.

(7) Texas Assessment of Knowledge and Skills--The criterion-referenced assessment instruments required under Texas Education Code, §39.023, designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science in grades three through twelve.

Comments

Source Note: The provisions of this §4.83 adopted to be effective May 27, 2003, 28 TexReg 4114; amended to be effective May 25, 2004, 29 TexReg 5057; amended to be effective November 23, 2004, 29 TexReg 10770

§4.84: Institutional Agreements

(a) Need for Institutional Agreements. For any dual credit partnership between a secondary school and a public college, an agreement must be approved by the governing boards or designated authorities (e.g., principal and chief academic officer) of both the public school district or private secondary school and the public college prior to the offering of such courses.

(b) Elements of Institutional Agreements. The dual credit partnership must address the following elements:

(1) Eligible Courses;

(2) Student Eligibility;

(3) Location of Class;

(4) Student Composition of Class;

(5) Faculty Selection, Supervision, and Evaluation;

(6) Course Curriculum, Instruction, and Grading;

(7) Academic Policies and Student Support Services;

(8) Transcripting of Credit; and

(9) Funding.

Comments

Source Note: The provisions of this §4.84 adopted to be effective May 27, 2003, 28 TexReg 4114

§4.85: Dual Credit Requirements

(a) Eligible Courses.

(1) Courses offered for dual credit by public two-year associate degree granting institutions must be identified as college-level academic courses in the current edition of the Lower Division Academic Course Guide Manual adopted by the Board or as college-level workforce education courses in the current edition of the Workforce Education Course Manual adopted by the Board.

(2) Courses offered for dual credit by public universities must be in the approved undergraduate course inventory of the university.

(3) Public colleges may not offer remedial and developmental courses for dual credit.

(b) Student Eligibility.

(1) A high school student is eligible to enroll in dual credit courses in the eleventh and/or twelfth grade if the student:

(A) demonstrates college readiness by achieving the minimum passing standards under the provisions of the Texas Success Initiative as set forth in §4.57 of this title (relating to Minimum Passing Standards) on relevant section(s) of an assessment instrument approved by the Board as set forth in §4.56 of this title (relating to Assessment Instruments); or

(B) demonstrates that he or she is exempt under the provisions of the Texas Success Initiative as set forth §4.54 of this title (relating to Exemptions/Exceptions).

(2) An eleventh grade high school student is also eligible to enroll in dual credit courses under the following conditions;

(A) a student achieves a score of 2200 on Mathematics and/or a score of 2200 on English Language Arts with a writing subsection score of at least 3 on the tenth grade TAKS relevant to the courses to be attempted. An eligible high school student who has enrolled in dual credit courses in the eleventh grade under this provision shall not be required to demonstrate further evidence of eligibility to enroll in dual credit courses in the twelfth grade; or

(B) the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the critical reading and/or mathematics test relevant to the courses to be attempted. An eligible high school student who has enrolled in dual credit under this provision must demonstrate eligibility to enroll in dual credit courses in twelfth grade; or

(C) the student achieves a composite score of 23 on the PLAN with a 19 or higher in mathematics and English. An eligible high school student who has enrolled in dual credit under this provision must demonstrate eligibility to enroll in dual credit courses in twelfth grade.

(3) A high school student is eligible to enroll in workforce education dual credit courses in the eleventh and/or twelfth grade if the student demonstrates that he or she has achieved the minimum high school passing standard on the Mathematics section and/or the English/Language Arts section on the tenth or eleventh grade TAKS.

(A) A student may enroll only in those workforce education dual credit courses for which the student has demonstrated eligibility.

(B) A student who is exempt from taking TAKS may be otherwise evaluated by an institution to determine eligibility for enrolling in workforce education dual credit courses.

(4) Students who are enrolled in private or non-accredited secondary schools or who are home-schooled must satisfy paragraphs (1) - (3) of this subsection.

(5) To be eligible for enrollment in a dual credit course offered by a public college, students must meet all the college's regular prerequisite requirements designated for that course (e.g., minimum score on a specified placement test, minimum grade in a specified previous course, etc.).

(6) To be eligible for enrollment in a dual credit course offered by a public college, students must have at least junior year high school standing. Exceptions to this requirement for students with demonstrated outstanding academic performance and capability (as evidenced by grade-point average, PSAT/NMSQT scores, PLAN or other assessment indicators) may be approved by the principal of the high school and the chief academic officer of the college. Students with less than junior year high school standing must demonstrate eligibility as outlined under subsection (b)(1) of this section.

(7) High school students shall not be enrolled in more than two dual credit courses per semester. Exceptions to this requirement for students with demonstrated outstanding academic performance and capability (as evidenced by grade-point average, ACT or SAT scores, or other assessment indicators) may be approved by the principal of the high school and the chief academic officer of the college.

(8) An institution may impose additional requirements for enrollment in courses for dual credit that do not conflict with this section.

(9) An institution is not required, under the provisions of this section, to offer dual credit courses for high school students.

(c) Location of Class. Dual credit courses may be taught on the college campus or on the high school campus. For dual credit courses taught exclusively to high school students on the high school campus and for dual credit courses taught electronically, public colleges shall comply with applicable rules and procedures for offering courses at a distance in §§4.101 - 4.108 of this title (relating to Distance Education and Off-Campus Instruction). In addition, dual credit courses taught electronically shall comply with the Board's adopted Principles of Good Practice for Courses Offered Electronically.

(d) Composition of Class. Dual credit courses may be composed of dual credit students only or of dual and college credit students. Exceptions for a mixed class, which would also include high school credit-only students, may be allowed only under one of the following conditions:

(1) If the course involved is required for completion under the State Board of Education Recommended or Distinguished Achievement High School Program graduation requirements, and the high school involved is otherwise unable to offer such a course.

(2) If the high school credit-only students are College Board Advanced Placement students.

(3) If the course is a career and technology/college workforce education course and the high school credit-only students are earning articulated college credit.

(e) Faculty Selection, Supervision, and Evaluation.

(1) The college shall select instructors of dual credit courses. These instructors must be regularly employed faculty members of the college or must meet the same standards (including minimal requirements of the Southern Association of Colleges and Schools) and approval procedures used by the college to select faculty responsible for teaching the same courses at the main campus of the college.

(2) The college shall supervise and evaluate instructors of dual credit courses using the same or comparable procedures used for faculty at the main campus of the college.

(f) Course Curriculum, Instruction, and Grading. The college shall ensure that a dual credit course and the corresponding course offered at the main campus of the college are equivalent with respect to the curriculum, materials, instruction, and method/rigor of student evaluation. These standards must be upheld regardless of the student composition of the class.

(g) Academic Policies and Student Support Services.

(1) Regular academic policies applicable to courses taught at the college's main campus must also apply to dual credit courses. These policies could include the appeal process for disputed grades, drop policy, the communication of grading policy to students, when the syllabus must be distributed, etc.

(2) Students in dual credit courses must be eligible to utilize the same or comparable support services that are afforded college students on the main campus. The college is responsible for ensuring timely and efficient access to such services (e.g., academic advising and counseling), to learning materials (e.g., library resources), and to other benefits for which the student may be eligible.

(h) Transcripting of Credit. For dual credit courses, high school as well as college credit should be transcripted immediately upon a student's completion of the performance required in the course.

(i) Funding.

(1) The state funding for dual credit courses will be available to both public school districts and colleges based on the current funding rules of the State Board of Education and the Board.

(2) The college may claim funding for all students getting college credit in dual credit courses.

(3) All public colleges, universities, and health-related institutions may waive all or part of tuition and fees for a Texas high school student enrolled in a course for which the student may receive dual course credit.

Comments

Source Note: The provisions of this §4.85 adopted to be effective May 27, 2003, 28 TexReg 4114; amended to be effective December 3, 2003, 28 TexReg 10754; amended to be effective February 26, 2004, 29 TexReg 1659; amended to be effective May 25, 2004, 29 TexReg 5058; amended to be effective December 19, 2004, 29 TexReg 11591; amended to be effective May 14, 2007, 32 TexReg 2637; amended to be effective August 15, 2007, 32 TexReg 4972

Subchapter F

§4.131: Purpose, Scope, and Authority

(a) Purpose. The purpose of the Texas State Science and Engineering Fair (TSSEF) is to promote an appreciation for and interest in science, mathematics, and engineering among precollege students; to assist schools and school districts in fulfilling their mission in science, mathematics, and engineering education; and to promote workforce development in the fields of science, mathematics, and engineering by providing students with an opportunity to interact with higher education and corporate institutions.

(b) Scope. The TSSEF is the pathway for 9th through 12th grade students to advance from regional-level science fairs to state-level opportunities. The TSSEF provides access to the International Science and Engineering Fair for Texas precollege students.

(c) Authority. The Texas Education Code, Chapter 61, §61.088 authorizes the Board to establish rules for the organization and operation of the State Fair.

Comments

Source Note: The provisions of this §4.131 adopted to be effective May 27, 2003, 28 TexReg 4116

§4.132: Eligible Students

The TSSEF may accept 1st through 3rd place winners in each of the 15 divisions recognized by the International Science & Engineering Fair (Behavioral and Social Sciences, Biochemistry, Botany, Chemistry, Computer Science, Earth and Space Science, Engineering, Environmental Science, Gerontology, Mathematics, Medicine and Health, Microbiology, Physics, Zoology, and Team Projects in any science disciplines) from the Regional Fairs in the state.

Comments

Source Note: The provisions of this §4.132 adopted to be effective May 27, 2003, 28 TexReg 4116

§4.133: Awards

The TSSEF may award prizes to 1st through 5th place winners in each of the 15 divisions recognized by the ISEF. In addition, a number of special awards, including industry and society awards, may be given.

Comments

Source Note: The provisions of this §4.133 adopted to be effective May 27, 2003, 28 TexReg 4116

§4.134: Organizations and Operations

The Board may contract with public or private entities to conduct the State Fair. The Board shall coordinate the TSSEF with regional science and engineering fairs held in the state.

Comments

Source Note: The provisions of this §4.134 adopted to be effective May 27, 2003, 28 TexReg 4116

§4.135: Dissemination of Information and Rules

The TSSEF shall operate under the rules of the International Science and Engineering Fair (ISEF) and its publication International Rules for Precollege Science Research: Guidelines for Science and Engineering Fairs.

Comments

Source Note: The provisions of this §4.135 adopted to be effective May 27, 2003, 28 TexReg 4116

Subchapter G

§4.151: Purpose

The purpose of this subchapter is to provide oversight by the Board of public colleges or universities engaged in partnerships establishing early college high schools or middle colleges. The rules and regulations for public colleges or universities to engage in dual credit partnerships with secondary schools as provided for in this subchapter pertain only to Early College High Schools and Middle Colleges in accordance with §4.153 of this title (relating to Definitions).

Comments

Source Note: The provisions of this §4.151 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507

§4.152: Authority

Texas Education Code, §§29.908, 61.076, 130.001(b)(3) - (4), 130.008, and 130.090 provide the Board with the authority to regulate courses and programs offered by public institutions of higher education in cooperation with secondary schools.

Comments

Source Note: The provisions of this §4.152 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 22, 2005, 30 TexReg 7725

§4.153: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Assessment--The criterion-referenced assessment instruments adopted by the Board to assess a student's readiness to enroll in college-level coursework or curricula.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Colleges or Universities, or C/U--Texas public two-year colleges or public universities.

(4) Commissioner--The Commissioner of Higher Education.

(5) Early College High School or ECHS--The institution or entity designated by the Texas Education Agency as an Early College High School in accordance with §102.1091 of this title (relating to Commissioner's Rules Concerning Early College Education Program), that provides the outreach, curricula, and student learning and support programs that enable the participating student to combine high school courses and college-level courses during grade levels 9 through 12 and to attain the Recommended or Advanced High School Program diploma and earn up to 60 semester credit hours toward an associate or baccalaureate degree by the fifth anniversary of the student's first day of high school.

(6) Middle College or MC--The institution or entity that provides the outreach, a course of study, and student learning and support programs that enable a participating student to combine high school courses and college-level courses during grade levels 11 through 12 and to attain the Recommended or Advanced High School Program diploma and a significant number of semester credit hours toward an associate or baccalaureate degree.

(7) Recommended or Advanced High School Program--The curriculum specified in the Texas Education Code, §28.025, and the rules promulgated there under by the State Board of Education.

Comments

Source Note: The provisions of this §4.153 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507

§4.154: Notification of Institutional Intent to Develop an Early College High School/Middle College Entity

Texas public colleges and universities (C/U) are eligible to enter into agreements with Texas public schools to create an ECHS/MC. Any C/U that participates in the creation of an ECHS/MC shall notify the Board in accordance with provisions and schedules determined by the Commissioner.

Comments

Source Note: The provisions of this §4.154 adopted to be effective August 21, 2005, 30 TexReg 4646

§4.155: Student Eligibility

(a) Students participating in an ECHS or MC must meet eligibility requirements governing dual credit in accordance with §§4.81 - 4.85 of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).

(b) An ECHS/MC shall assess each student for readiness to engage in any college-level curriculum offered for college credit prior to the student's enrollment in such curriculum.

(c) For this assessment, an ECHS/MC may use any instrument otherwise approved by the Board for Texas Success Initiative purposes in accordance with §4.54 (relating to Exemptions/Exceptions), §4.56 (relating to Assessment Instrument), and §4.57 (relating to Minimum Passing Standards) of this title.

(d) After assessment, the ECHS/MC, using guidelines established by the C/U, shall determine what forms of assistance and remediation, if any, are necessary prior to a student's enrollment in any college-level curriculum based on the results of the assessment and other indicators of student readiness.

Comments

Source Note: The provisions of this §4.155 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507

§4.156: Faculty Selection, Supervision, and Evaluation

(a) The C/U shall select instructors of all college-level curricula offered for college credit in an ECHS/MC. These instructors must be regularly employed faculty members of the C/U or meet the same standards, including but not limited to, minimal requirements of the Commission on Colleges of the Southern Association of Colleges and Schools.

(b) The C/U shall supervise and evaluate instructors of college-level curricula offered for college credit using the same or comparable procedures used for faculty at the C/U.

Comments

Source Note: The provisions of this §4.156 adopted to be effective August 21, 2005, 30 TexReg 4646

§4.157: Course Curriculum, Instruction, and Grading

The C/U shall ensure that curricula offered for college credit and comparable courses offered by the C/U are equivalent with respect to the curriculum, materials, instructional activity, and method/rigor of evaluation of student performance.

Comments

Source Note: The provisions of this §4.157 adopted to be effective August 21, 2005, 30 TexReg 4646

§4.158: Transcripting of Credit

The C/U shall determine when the college credit for each ECHS/MC student should appear on the C/U transcript.

Comments

Source Note: The provisions of this §4.158 adopted to be effective August 21, 2005, 30 TexReg 4646

§4.159: Evaluation and Accountability

Each ECHS/MC and sponsoring C/U shall be responsible for the development and implementation of an evaluation process to determine the effectiveness of the ECHS/MC. Measures of effectiveness shall include, but are not limited to, student results on the K-12 accountability assessments (e.g., TAKS) and success indicators of graduates at Texas public institutions of higher education (e.g., participation rates, grade point average, retention rates, and graduation rates).

Comments

Source Note: The provisions of this §4.159 adopted to be effective August 21, 2005, 30 TexReg 4646

§4.160: Funding

(a) State funding for high school and college credit will be available to the public school district and the C/U based on the current funding rules of the State Board of Education and the Board.

(b) The C/U may claim funding for all ECHS/MC students receiving college credit.

Comments

Source Note: The provisions of this §4.160 adopted to be effective August 21, 2005, 30 TexReg 4646

§4.161: Exemption from Certain Dual Credit Restrictions

(a) Rules governing dual credit in accordance with §§4.81 - 4.85 of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges) pertain to an MC or an ECHS and its participating students.

(b) An MC or an ECHS that has notified the Commissioner in accordance with §4.154 of this title (relating to Notification of Institutional Intent to Develop an Early College High School/Middle College Entity) may allow its eligible students to enroll in more than two dual credit courses per semester. An ECHS may allow its eligible students to enroll in dual credit coursework with freshman, sophomore, junior, or senior high school standing.

(c) If the Commissioner of Education denies the application for designation as an ECHS, denies the renewal of designation, or revokes the authorization of an ECHS program in accordance with §102.1091 of this title (relating to Commissioner's Rules Concerning Early College Education Program), the exemption outlined in subsection (b) of this section is simultaneously revoked.

Comments

Source Note: The provisions of this §4.161 adopted to be effective August 21, 2005, 30 TexReg 4646; amended to be effective November 30, 2009, 34 TexReg 8507

Subchapter H

§4.171: Purpose

The purpose of this subchapter is:

(1) To establish rules, in cooperation with the commissioner of education, for the implementation of the P-16 College Readiness and Success Strategic Action Plan recommended by the statewide P-16 Council and adopted by the board;

(2) To establish the composition and duties of the statewide discipline-based college readiness vertical teams that have the responsibility to develop and recommend college readiness standards to the commissioner and the commissioner of education; and

(3) To establish the criteria for student participation, public school eligibility, and institutional eligibility for implementing programs to enhance student success.

Comments

Source Note: The provisions of this §4.171 adopted to be effective November 19, 2006, 31 TexReg 9287; amended to be effective February 18, 2007, 32 TexReg 526

§4.172: Authority

(a) Texas Education Code, §61.0761 provides the board with the authority to adopt rules to implement the P-16 College Readiness and Success Strategic Action Plan, in cooperation with the commissioner of education,

(b) Texas Education Code, §28.008 provides the commissioner with the authority to determine, in cooperation with the commissioner of education, the composition of statewide discipline-based college readiness vertical teams.

(c) Texas Education Code, §61.0762 provides the board with the authority to adopt rules to implement programs to enhance student success.

Comments

Source Note: The provisions of this §4.172 adopted to be effective November 19, 2006, 31 TexReg 9287; amended to be effective February 18, 2007, 32 TexReg 526

§4.173: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Closing the Gaps by 2015--The master plan for higher education for the state of Texas, adopted in October 2000 by the Texas Higher Education Coordinating Board, directed at closing educational gaps within Texas, as well as between Texas and other states, and which has four goals: to close the gaps in student participation, student success, excellence, and research.

(2) College entrance assessment--The ACT and SAT or other assessments as determined by the commissioner that serve as indicators of student college readiness.

(3) College readiness assessment--The ACT PLAN and College Board Preliminary SAT or other assessments as determined by the commissioner that serve as early indicators of student college readiness.

(4) College readiness standards--The knowledge and skills expected of students to perform successfully in the workplace and in entry-level courses offered at institutions of higher education.

(5) College ready student--One who has the knowledge and skills necessary to begin entry-level college courses with a reasonable likelihood of success and does not require developmental education.

(6) Commissioner--The commissioner of higher education.

(7) Faculty--A person who is employed by an institution of higher education on a full- or part-time basis as a member of the faculty or staff and whose duties including teaching, research, administration (including professional librarians), or the performance of professional services. The term does not include a person employed in a position which is in the institution's classified personnel system, or a person employed in a similar type of position if the institution does not have a classified personnel system.

(8) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.

(9) Statewide discipline-based college readiness vertical teams--Teams composed of public school educators and higher education faculty whose duties are consistent with those provided under §28.008(b) of the Texas Education Code.

Comments

Source Note: The provisions of this §4.173 adopted to be effective February 18, 2007, 32 TexReg 527

§4.174: P-16 College Readiness and Success Strategic Action Plan

(a) To increase student success and decrease the number of students enrolling in developmental course work in institutions of higher education, the board, in cooperation with the commissioner of education, shall implement the P-16 College Readiness and Success Strategic Action Plan as recommended by the statewide P-16 Council and adopted by the board pursuant to Texas Education Code, §61.0761(a).

(b) The initiatives and activities to be implemented under the P-16 College Readiness and Success Strategic Action Plan include the creation of statewide discipline-based vertical teams outlined in Texas Education Code, §28.008, and programs to enhance student success outlined in Texas Education Code, §61.0762.

Comments

Source Note: The provisions of this §4.174 adopted to be effective February 18, 2007, 32 TexReg 527

§4.175: Composition and Duties of Statewide Discipline-Based College Readiness Vertical Teams

(a) There shall be a total of four statewide discipline-based college readiness vertical teams: one each in English/Language Arts, Mathematics, Science, and Social Studies. All teams shall be composed of a minimum of 8 and a maximum of 20 members per subject area who represent the following:

(1) All levels of public school educators;

(2) Faculty from higher education to include public junior colleges, public community colleges, public technical institutes, public state colleges, public senior colleges or universities, and private or independent institutions of higher education as defined in Texas Education Code, §61.003;

(3) A balance between small and large districts;

(4) Various geographic regions of the state; and

(5) Overall demographics of the state.

(b) A maximum of 60 percent of the statewide discipline-based college readiness vertical teams shall be composed of faculty from institutions of higher education.

(c) The statewide discipline-based college readiness vertical teams shall develop college readiness standards as defined in Texas Education Code, §28.008(b)(1). The teams may create an interdisciplinary vertical team composed of one public education member and one higher education member from each discipline-based college readiness vertical team to review the standards and determine commonalities among the disciplines. The statewide discipline-based college readiness vertical teams shall recommend the college readiness standards to the commissioner of education and the commissioner.

(d) Upon completion of the development of college readiness standards, the statewide discipline-based college readiness vertical teams shall develop recommendations for curriculum alignment with college readiness standards and other materials as defined in Texas Education Code, §28.008(b)(2) - (5). The teams shall be re-constituted at that time to ensure that a maximum of 60 percent of each of the re-constituted statewide discipline-based college readiness vertical teams shall be composed of secondary public education teachers employed full-time in Texas public school districts.

Comments

Source Note: The provisions of this §4.175 adopted to be effective February 18, 2007, 32 TexReg 527; amended to be effective May 14, 2007, 32 TexReg 2638

§4.176: Appointment of Higher Education Faculty to the Statewide Discipline-Based College Readiness Vertical Teams

(a) The commissioner shall determine the criteria for selecting faculty from institutions of higher education for appointment to the four statewide discipline-based college readiness vertical teams.

(b) The commissioner shall solicit recommendations for appointment from institutions of higher education and appropriate higher education organizations.

(c) Appointments by the commissioner to the statewide discipline-based college readiness vertical teams outlined in §4.173(a) shall be made no later than December 29, 2006.

(d) Members representing institutions of higher education on the statewide discipline-based college readiness vertical teams outlined in §4.173(a) may be removed or replaced at the discretion of the commissioner.

Comments

Source Note: The provisions of this §4.176 adopted to be effective February 18, 2007, 32 TexReg 527

§4.177: Criteria for Student Participation and Institutional and Public School Eligibility for Implementing Programs to Enhance Student Success

(a) Higher education bridge programs. The purpose of this program is for institutions of higher education to provide public high school students and other eligible students who are not college-ready with appropriate instruction and other activities during summer or other timeframes approved by the Coordinating Board to ensure eligible students achieve college readiness.

(1) Only institutions offering bridge programs outlined under Texas Education Code, §61.0762, shall be subject to this subsection.

(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement bridge programs under this subsection. The focus of these programs shall include mathematics, science, social science, and/or English language arts for the following categories of public high school students:

(A) Exiting 12th grade students, in the summer following their senior year, who have not met the minimum passing standards for college readiness as outlined under §4.57 of this title (relating to Minimum Passing Standards) or who are not exempt from requirements of the Texas Success Initiative as outlined under §4.54 of this title (relating to Exemptions/Exceptions); or

(B) 10th and 11th grade students, in the summer following their sophomore and junior year, respectively, who have not achieved the predicted score for college readiness on the Texas Assessment of Knowledge and Skills, or appropriate college readiness predictors or scores on other assessments of college readiness as determined by the commissioner.

(3) Other qualifications or requirements for student participation, public school eligibility, and institutional eligibility for implementing bridge programs shall be outlined in the request for proposal/application, memorandum of understanding, or other agreement.

(b) Developmental education initiatives. The purpose of this program is to provide incentive funding to institutions who commit to implementing research-based and/or innovative developmental education initiatives.

(1) Only institutions offering developmental education initiatives under Texas Education Code, §61.0762, shall be subject to this subsection.

(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement developmental education initiatives under this subsection. The focus of these programs shall include mathematics, science, social science, and/or English language arts for students who have not met the minimum passing standards for college readiness as outlined under §4.57 of this title or who are not exempt from requirements of the Texas Success Initiative as outlined under §4.54 of this title.

(c) Intensive programs. The purpose of this program is for institutions of higher education to provide eligible students who are at risk of dropping out of college with appropriate instruction and other activities during summer or other timeframes approved by the Coordinating Board to ensure students persist and complete an undergraduate credential or degree.

(1) Only institutions offering intensive programs outlined under Texas Education Code, §61.0762, shall be subject to this subsection.

(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement intensive programs under this subsection. The focus of these programs shall include mathematics, science, social science, and/or English language arts. The categories of students to be served by these programs shall be outlined in the request for proposal/application, memorandum of understanding, or other agreement as identified by the commissioner to address the participation and success goals of Closing the Gaps by 2015.

(d) Professional development for higher education faculty. The purpose of this program is to provide higher education faculty with professional development programs or activities on college readiness standards and the implications of these standards on instruction.

(1) Only institutions offering professional development for faculty outlined under Texas Education Code, §61.0762, shall be subject to this subsection.

(2) The commissioner or his/her designee shall issue a request for proposal/application, memorandum of understanding, or other agreement for institutions to implement activities or programs of professional development for faculty under this subsection. The focus of these programs shall be limited to faculty who have responsibilities for developmental education and entry-level courses and to the knowledge and skills, reflected in the college readiness standards, that faculty can reasonably expect students to have achieved who are entering those courses from public schools.

(3) Other qualifications or requirements for institutional eligibility for implementing faculty professional development activities and programs shall be outlined in the request for proposal/application, memorandum of understanding, or agreement.

(e) Other programs that support the participation and success goals of Closing the Gaps by 2015. Additional programs may be identified by the commissioner to address the participation and success goals of Closing the Gaps by 2015. As programs are identified, qualifications and requirements for student participation and institutional or public school eligibility shall be determined by the commissioner or his/her designee.

Comments

Source Note: The provisions of this §4.177 adopted to be effective February 18, 2007, 32 TexReg 527; amended to be effective December 3, 2009, 34 TexReg 8507

Subchapter I

§4.181: Purpose and Authority

The purpose of this subchapter is to describe the Board's initiative to promote the retention and graduation of students enrolled in initial licensure nursing programs and to recognize those programs that achieve a graduation rate of 85 percent or more. The Board is authorized to establish rules for this initiative under Texas Education Code §61.0901.

Comments

Source Note: The provisions of this §4.181 adopted to be effective November 28, 2007, 32 TexReg 8485

§4.182: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--Commissioner of Higher Education.

(3) Initial RN licensure program--A sequence of nursing courses and learning experiences that prepares students for initial licensure as registered nurses.

(4) Nursing school--An educational entity of an institution of higher education or hospital that offers the courses and learning experiences of the initial licensure program.

(5) Institution of Higher Education--A public or independent university, community college or health-related institution that offers an initial RN licensure program that is approved by the Texas Board of Nursing.

(6) Hospital--A public or private hospital that offers an initial RN licensure program that is approved by the Texas Board of Nursing.

(7) Graduation rate--A calculation by the Texas Higher Education Coordinating Board that represents the percentage of first-time full-time students enrolled in an initial licensure program in a predefined academic cohort who are reported as graduates of the initial RN licensure program within:

(A) 36 months of initial enrollment for two-year programs.

(B) 18 months of initial enrollment for one year programs.

(8) Best practices--Strategies, activities or approaches that have been shown through research and evaluation to be effective and/or efficient.

Comments

Source Note: The provisions of this §4.182 adopted to be effective November 28, 2007, 32 TexReg 8485

§4.183: Nursing Education Performance Recognition Program

The Board shall recognize nursing schools that are successful in retaining and graduating students from initial RN licensure programs:

(1) Eligibility for Recognition. To be eligible for Board recognition, a nursing school must:

(A) have an 85 percent or higher graduation rate for the most current year for which rates are calculated by the Board.

(B) have an 85 percent NCLEX pass rate or higher for the most current period for which pass rates are available from the Texas Board of Nursing.

(C) demonstrate best practices for retaining and graduating students from initial RN licensure programs as determined by the Board.

(2) Calculation of Graduation Rate. Board shall calculate graduation rates each year using admission and graduation data submitted by the Registrar of each institution of higher education. Institutions may review the preliminary results of the Board's calculation but may not submit revised data for calculation unless approved by the Commissioner.

(3) Demonstration of Best Practices:

(A) The nursing school shall:

(i) demonstrate to the Board through data collection efforts and analysis the specific strategies and activities that have contributed to a graduation and NCLEX pass rate of 85 percent or higher.

(ii) submit a plan for disseminating information about the best practices to nursing programs in the state.

(B) The Commissioner shall make the final determination of whether or not the program has demonstrated best practices.

(4) Method of Recognition. Nursing schools that meet eligibility requirements for recognition will be reported to the Texas Board of Nursing, Governor, and Texas Legislature each year and the names of their institutions will be posted on the Board's website. Recognized nursing programs are also eligible for incentive funding that shall be used only to increase enrollments and the number of graduates from initial RN licensure programs and to promote best practices in the state.

(5) Acknowledgement of Increased Retention Rates. The Board shall acknowledge by letter nursing schools that have not obtained an 85 percent graduation rate or higher, but have otherwise increased graduation rates in their initial RN licensure programs above 50 percent and by more than 10 percent from the previous year to the current year.

Comments

Source Note: The provisions of this §4.183 adopted to be effective November 28, 2007, 32 TexReg 8485

Subchapter J

§4.191: Purpose

The purpose of this subchapter is to establish rules for implementation of the Work-Study Student Mentorship Program, separate and distinct from the Texas College Work-Study Program outlined under Chapter 22, Subchapter M of this title (relating to Texas College-Work Study Program).

Comments

Source Note: The provisions of this §4.191 adopted to be effective November 27, 2007, 32 TexReg 8487

§4.192: Authority

Texas Education Code, §56.077 authorizes the Coordinating Board to adopt rules to enforce the requirements, conditions, and limitations of §56.079 concerning the Work-Study Mentorship Program.

Comments

Source Note: The provisions of this §4.192 adopted to be effective November 27, 2007, 32 TexReg 8487

§4.193: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(3) Financial need--An indication of a student's inability to meet the full cost of attending a college or university, measured by an income methodology, which considers a student to have financial need if his or her adjusted gross annual income is less than income levels set annually by the Commissioner. If the student is a dependent, the family's adjusted gross family income is considered; if the student is independent, only the student's income (and the income of the student's spouse, if he or she is married) are considered.

(4) Mentor--An eligible student employed to:

(A) help students at participating eligible institutions or to help high school students in participating school districts; or

(B) counsel high school students at GO Centers or similar high school-based recruiting centers designed to improve access to higher education.

(5) Participating Entity--An eligible institution, a school district, or a nonprofit organization that has filed a memorandum of understanding with the Coordinating Board under this subchapter.

(6) Program--The Work-Study Student Mentorship Program.

Comments

Source Note: The provisions of this §4.193 adopted to be effective November 27, 2007, 32 TexReg 8487

§4.194: Eligibility and Program Requirements

(a) Eligible Institution. The following Texas institutions of higher education are eligible to participate in the Program:

(1) any public technical college, public junior or community college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003; or

(2) a private or independent institution of higher education, as defined by Texas Education Code §61.003(15), other than a private or independent institution of higher education offering only professional or graduate degrees.

(b) Eligible Student Mentors. To be eligible for employment in the Program, a student mentor shall:

(1) be a Texas resident determined in accordance with §§21.727 - 21.736 of this title (relating to Determining Residence Status);

(2) be enrolled for at least one-half of a full course load in a program of study;

(3) establish financial need as set forth under §4.193 of this subchapter; and

(4) not receive an athletic scholarship or not be enrolled in a seminary or other program leading to ordination or licensure to preach for a religious sect or to be a member of a religious order; and

(5) receive appropriate training as determined by the Commissioner or Coordinating Board staff.

(c) Participating Entities. To participate in the Program, an eligible institution and one or more school districts or nonprofit organizations shall file with the Coordinating Board a memorandum of understanding detailing the roles and responsibilities of each participating entity.

(d) Criteria for Participation and Program Requirements. Additional criteria for participation and program requirements shall be determined in consultation with participating entities and set forth in Commissioner's policies. The Commissioner's policies shall be reviewed periodically to determine the effectiveness and success of the Program.

Comments

Source Note: The provisions of this §4.194 adopted to be effective November 27, 2007, 32 TexReg 8487

§4.195: Allocations and Disbursement of Funds

(a) Allocations. The Board shall allocate Program funds to participating institutions according to criteria established by the Commissioner. At the beginning of each academic year, the year's full allocation will be provided to each participating institution.

(b) Reallocations. Institutions shall have until a date specified by the Commissioner to encumber all funds allocated. On that date, institutions lose claim to unencumbered funds and the unencumbered funds are available to the Commissioner for reallocation to other institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

(c) Program funds may be used during any academic period for which mentorship opportunities are needed by participating entities as long as student mentors meet eligibility requirements as outlined under §4.194(b).

Comments

Source Note: The provisions of this §4.195 adopted to be effective November 27, 2007, 32 TexReg 8487

§4.196: Reporting

(a) Not later than November 1 of each year, each institution participating in the Program shall report to the Coordinating Board on the progress made by students being assisted through the Program. The report shall include:

(1) the number of students employed as mentors in the preceding year;

(2) the number of students from the participating institution receiving mentoring in the preceding year;

(3) the number of high school students receiving mentoring or counseling from students of the participating institution in the preceding year;

(4) information relating to the costs of the program; and

(5) the academic progress made by student mentors, students of the participating institution receiving mentoring, and high school students receiving mentoring or counseling from students of the participating institution in the preceding year.

(b) The Coordinating Board shall establish reporting requirements and forms to be completed by participating institutions in the Program.

Comments

Source Note: The provisions of this §4.196 adopted to be effective November 27, 2007, 32 TexReg 8487

Subchapter K

§4.201: Purpose

The purpose of this subchapter is to implement the provisions of Texas Education Code, §51.970, relating to providing certain electronic copies of instructional material for blind and visually impaired students and students with dyslexia who are enrolled at public institutions of higher education.

Comments

Source Note: The provisions of this §4.201 adopted to be effective November 29, 2007, 32 TexReg 8488

§4.202: Authority

Under Texas Education Code, §51.307, the Board is authorized to adopt rules to implement the provisions of Texas Education Code, §51.970. Texas Education Code, §51.970(h) and (i), authorizes the Board to impose reasonable administrative penalties against publishers and manufacturers, the method for identifying instructional material considered to be required or essential for a student's success in a course, the procedures and standards relating to distribution of electronic copies of instructional material under this section; and any other matter considered necessary or appropriate establish guidelines and reporting requirements.

Comments

Source Note: The provisions of this §4.202 adopted to be effective November 29, 2007, 32 TexReg 8488

§4.203: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Blind or visually impaired student--Includes any student whose visual acuity is impaired to the extent that the student is unable to read the print in the standard instructional material used in a course in which the student is enrolled.

(2) Coordinating Board--The Texas Higher Education Coordinating Board.

(3) Dyslexia--A condition of dyslexia considered to be a disability under the Americans with Disabilities Act (42 U.S.C. §12101 et seq.) or §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794).

(4) Institution of higher education--Has the meaning assigned by §61.003(8) of the Texas Education Code.

(5) Instructional material--A printed textbook or other printed instructional material or a combination of a printed book and supplementary printed instructional material sold through a Texas bookstore that:

(A) conveys information to or otherwise contributes to the learning process of a student; and

(B) was first printed with a new copyright date on or after January 1, 2004.

(6) Special instructional material--Instructional material in Braille, large print, audio format, digital text, or any other medium or any apparatus that conveys information to or otherwise contributes to the learning process of a blind or visually impaired student or a student with dyslexia.

Comments

Source Note: The provisions of this §4.203 adopted to be effective November 29, 2007, 32 TexReg 8488

§4.204: Exemptions/Exceptions

This section applies only to instructional material that is:

(1) written and published primarily for postsecondary instruction of students; and

(2) required or essential for a student's completion of a course or program requirement at an institution of higher education, as identified by the instructor of the course for which the instructional material will be used, in consultation with the person at the institution with primary responsibility for services for students with disabilities and in accordance with rules adopted under §4.205 of this chapter (relating to Method for Identifying Instructional Material Considered to be Required or Essential for a Student's Success in a Course).

Comments

Source Note: The provisions of this §4.204 adopted to be effective November 29, 2007, 32 TexReg 8488

§4.205: Method for Identifying Instructional Material Considered to be Required or Essential for a Student's Success in a Course

(a) Materials that are considered required or essential for a course or program requirement are those materials that are:

(1) identified in writing by an academic department or instructor as being essential for the student to complete a course and/or program requirements;

(2) listed on a course syllabus, or other written format used to describe course, or

(3) identified by agreement between instructor and student as essential for completing a program requirement not part of a specific course, such as an independent research project.

(b) In order to facilitate students getting their materials in a timely manner, instructors and academic departments shall comply with their institution's procedures for turning in materials and reading lists by the established deadlines.

Comments

Source Note: The provisions of this §4.205 adopted to be effective November 29, 2007, 32 TexReg 8488

§4.206: The Procedures and Standards Relating to Distribution of Electronic Copies of Instructional Material Under this Section

(a) Students who qualify to receive instructional materials under this provision will submit their request to the publisher or manufacturer through their institution. To assist the institution in producing special instructional material, a publisher or manufacturer of instructional material assigned by an institution of higher education for use by students in connection with a course at the institution shall provide to the institution on the institution's request in accordance with this section a copy in an electronic format of the instructional material. The publisher or manufacturer, as applicable, shall provide the electronic copy not later than the 15th business day after the date of receipt of the request or 15th business day after publication of the material, whichever comes later.

(b) A request made by an institution of higher education under this provision must:

(1) certify that for each blind or visually impaired student or student with dyslexia who will use specialized instructional material based on the requested copy of the material in an electronic format for a course in which the student is enrolled at the institution, either the institution or the student has purchased a printed copy of the instructional material;

(2) be signed by the person at the institution with primary responsibility for services for students with disabilities or his designee; and

(3) include all available identifying information related to the material, to include but not limited to ISBN number.

(c) A publisher or manufacturer may require that a request made by an institution of higher education under this section include from each student for whom the institution is mailing the request a signed statement in which the student agrees:

(1) to use the requested electronic copy and related special instructional material only for the student's own educational purposes;

(2) not to copy or otherwise distribute in a manner that violates 17 U.S.C. §101 et seq. the requested electronic copy or the instructional material on which the requested electronic copy is based;

(3) agree to return electronic copy of instructional material to the institution's disability services office upon re-selling the original printed material, dropping the course for which the material was requested, or withdrawing from the institution; and

(4) attest that any violation of provisions contained in the signed statement may jeopardize future provision of electronic formats by the manufacturer or publisher for the student under this section, and may result in further disciplinary measures from the institution.

(d) Each electronic copy of instructional material must:

(1) be in a format that:

(A) except as provided by this subsection, contains all of the information that is in the instructional material, including any text, sidebar, table of contents, chapter headings, chapter subheadings, footnotes, index, glossary, and bibliography, and is approved by the publisher or manufacturer, as applicable, and the institution of higher education as a format that will contain that material; and

(B) is compatible with commonly used Braille translation and speech synthesis software; and

(C) includes any correction or revision available at the time the electronic copy is provided.

(2) If the publisher or manufacturer and the institution of higher education are not able to agree on a format as required by paragraph (1) of this subsection, the publisher or manufacturer, as applicable, shall provide the electronic copy of the instructional material in a format that can be read by a word processing application and that contains as much of the material specified by that subsection as is practicable.

(3) Materials provided under this section may be delivered by traditional mail, by email or via a File Transfer Protocol site with notification provided to an institution as to the availability of the material.

(e) The Coordinating Board may impose a reasonable administrative penalty, not to exceed $250 per violation, against a publisher or manufacturer that knowingly violates this section. The Coordinating Board shall provide for a hearing to be held, in accordance with Chapter 1, Subchapter B (relating to Dispute Resolution) of Coordinating Board rules, to determine whether a penalty is to be imposed and the amount of any penalty. The Coordinating Board shall base the amount of any penalty on:

(1) the seriousness of the violation;

(2) any history of a previous violation;

(3) the amount necessary to deter a future violation;

(4) any effort to correct the violation; and

(5) any other matter justice requires.

(f) Notwithstanding any other provision of this section, a publisher or manufacturer is not required to comply with subsection (a) or (d) of this section, as applicable, if the coordinating board, using procedures and criteria adopted by coordinating board rule and based on information provided by the publisher or manufacturer, determines that:

(1) compliance by the manufacturer or publisher would violate a law, rule, or regulation relating to copyrights; or

(2) the instructional material on which the requested electronic copy is based is:

(A) out of print; or

(B) in a format that makes it impracticable to convert the material into an electronic format.

(g) The manufacturer or publisher has the sole discretion to allow an institution to maintain a repository of electronic formats of previously requested instructional materials for re-use in order to comply with this Section. An institution that is authorized to re-use previously requested instructional materials must comply with provisions in subsections (b) and (c) of this section related to requesting instructional material and all other provisions outlined in this section.

(h) A manufacturer or publisher may deliver an electronic format authorized under this section with electronic security measures (to include encryption) so long as the measures do not interfere with access for the institution or the student who requested the materials.

Comments

Source Note: The provisions of this §4.206 adopted to be effective November 29, 2007, 32 TexReg 8488

Subchapter M

§4.215: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §51.9705, Notice Regarding Availability of Textbooks through Multiple Retailers. The rules in this subchapter establish procedures to administer this provision of notice.

(b) Purpose. The purpose of this subchapter is to establish a procedure by which each institution of higher education shall provide to each student enrolled at the institution written notice regarding the availability of required or recommended textbooks through university-affiliated bookstores and through retailers other than university-affiliated bookstores.

Comments

Source Note: The provisions of this §4.215 adopted to be effective August 26, 2009, 34 TexReg 5676

§4.216: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003(8).

(2) "University-affiliated bookstore"--A bookstore that:

(A) sells textbooks for courses offered by an institution of higher education, regardless of whether the bookstore is located on the campus of the institution;

(B) is operated by or with the approval of the institution through ownership, a management agreement, a lease or rental agreement, or otherwise; and

(C) for the purposes of this subchapter, a "university-affiliated bookstore" also includes a bookstore similarly affiliated with any public institution of higher education as defined in paragraph (1) of this section.

Comments

Source Note: The provisions of this §4.216 adopted to be effective August 26, 2009, 34 TexReg 5676

§4.217: Notification Requirement

Each institution of higher education shall provide to each student enrolled at the institution written notice regarding the availability of required or recommended textbooks through university-affiliated bookstores and through retailers other than university-affiliated bookstores.

Comments

Source Note: The provisions of this §4.217 adopted to be effective August 26, 2009, 34 TexReg 5676

§4.218: Notification Procedures

(a) Each institution of higher education shall provide written notice regarding the availability of textbooks:

(1) to each student of the institution during the week preceding each fall and spring semester;

(2) to each student enrolled at the institution in a semester or summer term during the first three weeks of the semester or the first week of the summer term, as applicable; and

(3) to students or prospective students of the institution attending an orientation conducted by or for the institution.

(b) The notice shall be provided in a hard-copy or electronic format in a manner that ensures that the notice is reasonably likely to come to the attention of a student receiving the notice. For current students of an institution, an e-mail sent to the student's designated e-mail address, or institutional e-mail account if another is not designated, shall be sufficient, as shall a hard copy mailed to the student's physical address. For students or prospective students attending an orientation, either an e-mail to their designated e-mail address or a hard copy provided directly to the students shall be sufficient.

(c) The notice must contain the following statement: "A student of this institution is not under any obligation to purchase a textbook from a university-affiliated bookstore. The same textbook may also be available from an independent retailer, including an online retailer."

Comments

Source Note: The provisions of this §4.218 adopted to be effective August 26, 2009, 34 TexReg 5676

Subchapter N

§4.225: Purpose

Each institution of higher education, other than a medical and dental unit, shall make available to the public on the institution's Internet website certain undergraduate course information, and information about available work-study opportunities.

Comments

Source Note: The provisions of this §4.225 adopted to be effective December 3, 2009, 34 TexReg 8508

§4.226: Authority

Texas Education Code; Subchapter Z, Chapter 51, §51.974(g) authorizes the Texas Higher Education Coordinating Board to adopt rules necessary to administer this subchapter. The Texas Education Code, §61.051, describes the Board's role in the Texas system of higher education.

Comments

Source Note: The provisions of this §4.226 adopted to be effective December 3, 2009, 34 TexReg 8508

§4.227: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Commissioner--"The Commissioner of Higher Education" means the agency acting through its executive, and his or her designees, staff, or agents.

(2) Curriculum Vitae--A document that summarizes the career and qualifications of the instructor of record, including at least the following:

(A) all institutions of higher education attended, with the degree(s) earned;

(B) all previous teaching positions, including the names of the institutions, the position, beginning and ending dates; and

(C) a list of significant professional publications relevant to the academic positions held, including full citation data for each entry.

(D) The curriculum vitae may include the instructor's professional contact information, such as office telephone number, work address, and institutional email address. Vitae are not required to include personal information about the instructor, such as the home address or personal telephone number.

(3) Departmental Budget Report--If a course is offered through a unit other than a department - such as a program, college, or institute - substitute the budget for that unit as appropriate. If the institution posts general budget data on its website in which the information required by statute is reported, it may substitute a hyperlink to that data in place of a separate departmental budget report. The budget report shall include:

(A) detail for the most recent academic year for which data are available;

(B) income from all sources; and

(C) a summary by functional categories such as salaries and wages, travel, etc. (as defined by the National Association of College and University Business Officers).

(4) Institutions of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, other agency of higher education as defined in Texas Education Code, §61.003.

(5) Instructor(s) of Record--The primary instructor or co-instructors of a course who are responsible for the course content and the assignment of final grades. This includes tenured and tenure-track faculty, lecturers, adjuncts, and graduate assistants (who are not working under the supervision of an instructor of record). It does not include guest lecturers or others who may be brought in to teach less than fifty percent of the class sessions.

(6) Internet Website Home Page--The primary Internet web page that serves as the opening portal to the public for all of the other public web pages and Internet services hosted by the institution. It is commonly the web page with the uniform resource locator (URL) address that ends with the domain suffix ".edu".

(7) Medical or Dental Unit--"Medical and dental unit" means Texas A&M University System Health Science Center, Texas Tech University Health Sciences Center, The University of Texas Health Science Center at Houston, The University of Texas Health Science Center at San Antonio, The University of Texas Health Science Center at Tyler, The University of Texas M.D. Anderson Cancer Center, The University of Texas Medical Branch at Galveston, The University of Texas Southwestern Medical Center at Dallas, University of North Texas Health Science Center at Fort Worth, and the Paul L. Foster School of Medicine at Texas Tech University Health Sciences Center at El Paso, and such other medical or dental schools as may be established by statute or as provided in Chapter 61 of the Texas Education Code.

(8) Significant Professional Publications--Discipline-related refereed papers/publications, books/book chapters, and juried creative performance accomplishments.

(9) Syllabus--A document describing the course that satisfies any standards for syllabi adopted by the institution. The document shall include, at a minimum, the following:

(A) brief description of each major course requirement, including each major assignment and examination;

(B) the learning objectives for the course;

(C) a general description of the subject matter of each lecture or discussion; and

(D) lists of any required or recommended readings.

(10) Undergraduate Classroom Course--Any lower- or upper-division credit course offered to five or more students. This includes on-campus, off-campus, distance education, and dual-credit courses (including those taught on high school campuses). It excludes courses with highly variable subject content that are tailored specifically to individual students, such as Independent Study and Directed Reading courses. It excludes laboratory, practicum, or discussion sections that are intrinsic and required parts of larger lecture courses and are directly supervised by the same instructor(s) of record for those large courses.

(11) Work-study employment opportunity--Includes all of the programs and opportunities in the Federal College Work-Study Program, the State of Texas Work-Study Program, and any similar financial aid employment programs sponsored by the institution. For the purposes of this subchapter, work-study applies only to resident undergraduate students.

Comments

Source Note: The provisions of this §4.227 adopted to be effective December 3, 2009, 34 TexReg 8508

§4.228: Internet Access to Course Information

(a) Each public institution of higher education, other than a medical and dental unit, shall make available to the public on the institution's Internet website the following information for each undergraduate classroom course offered for credit by the institution: a syllabus, a curriculum vitae for the instructor(s) of record, and (if available) a departmental operating budget from the most recent semester or other academic term during which the institution offered the course. Links to existing data that meet legislative requirements may suffice.

(b) If multiple sections of a course use an identical syllabus with identical assignments and readings, only one syllabus shall be posted. The curriculum vitae of each instructor(s) of record for each section shall be posted.

(c) All course information described in subsection (a) of this section must be:

(1) accessible from the institution's Internet website home page by use of not more than three links;

(2) searchable by keywords and phrases;

(3) accessible to the public without requiring registration or use of a user name, a password, or another user identification;

(4) available not later than the seventh day after the first day of classes for the semester or other academic term during which the course is offered; and

(5) updated as soon as practicable after the information changes, at least once for every semester in which the course is offered.

(d) The institution shall continue to make the information available on the institution's Internet website until at least the second anniversary of the date on which the institution initially posted the information. An up-to-date curriculum vitae must be available for each instructor of each course for two years after the course is taught.

(e) Institutions shall conduct end-of-course student evaluations of faculty for each undergraduate classroom course as defined in §4.227(10) of this title, and develop a plan to make evaluations publicly available on the institution's website.

(f) The governing body of the institution shall designate an administrator to be responsible for ensuring implementation of this section. Not later than January 1 of each odd-numbered year, each institution of higher education shall submit a written report regarding the institution's compliance with this section to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over higher education.

(g) Institutions must begin compliance with these rules no later than August 15, 2010.

Comments

Source Note: The provisions of this §4.228 adopted to be effective December 3, 2009, 34 TexReg 8508

§4.229: Internet Access to Work-Study Information

(a) Each institution of higher education shall establish and maintain an online list of work-study employment opportunities available to students on the institution's campus, sorted by department as appropriate. Information should be made available no later than April 1, 2010.

(b) Each institution of higher education shall ensure that the list is easily accessible to the public through a clearly identifiable link that appears in a prominent place on the financial aid page of the institution's Internet website.

Comments

Source Note: The provisions of this §4.229 adopted to be effective December 3, 2009, 34 TexReg 8508

Subchapter O

§4.240: Purpose

The purpose of this subchapter is to implement the Uniform Recruitment and Retention Strategy for Texas public institutions of higher education. It is the intent of the Texas Higher Education Coordinating Board that Texas public institutions of higher education use the flexibility and responsibility granted under these rules to improve programs to ensure the success of students in higher education and meet the goals of Closing the Gaps by 2015.

Comments

Source Note: The provisions of this §4.240 adopted to be effective November 25, 2009, 34 TexReg 8318

§4.241: Authority

Under Texas Education Code, §61.027, the Board is authorized to adopt rules to implement Texas Education Code, §61.086.

Comments

Source Note: The provisions of this §4.241 adopted to be effective November 25, 2009, 34 TexReg 8318

§4.242: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Closing the Gaps by 2015--The state's master plan for higher education in Texas, adopted in October 2000 by the Texas Higher Education Coordinating Board, directed at closing educational gaps within Texas, as well as between Texas and other states, and which has four goals: to close the gaps in student participation, student success, excellence, and research.

(4) Coordinating Board Grant and Program Evaluation Fidelity Scale--

(A) 1 = serious departure from the requirements of the program;

(B) 2 = minor departures from requirements noted; and

(C) 3 = in complete accordance.

(5) Degree program--Any grouping of subject matter courses which, when satisfactorily completed by a student, entitles the student to a degree from an institution of higher education.

(6) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.

(7) Student Recruitment--Identification and enrollment of students that represent the population of Texas.

(8) Student Retention or Persistence Rate--The rate at which students persist in higher education, often as measured by the percentage of students who continue in higher education from one year to the succeeding year.

Comments

Source Note: The provisions of this §4.242 adopted to be effective November 25, 2009, 34 TexReg 8318

§4.243: Evaluation

(a) The Board shall evaluate the effectiveness of the Uniform Recruitment and Retention Strategy plans on a statewide basis and with respect to each institution based on how the Uniform Recruitment and Retention Strategy plan will address Closing the Gaps by 2015.

(b) The Board shall incorporate the Uniform Recruitment and Retention Strategy into:

(1) standards for new Baccalaureate and Master's Degree Programs;

(2) the review of low-producing degree programs;

(3) the approval process for doctoral and health-related degree programs;

(4) the evaluation methodology for Tuition Revenue Bond Projects; and

(5) the review and evaluation of request for proposals and request for applications from institutions of higher education.

Comments

Source Note: The provisions of this §4.243 adopted to be effective November 25, 2009, 34 TexReg 8318

§4.244: Reporting

(a) The Coordinating Board shall establish reporting requirements and forms to be completed by all public institutions of higher education.

(b) As required by Texas Education Code, §51.4032, not later than December 1 of each year, each institution shall report to the Coordinating Board on the progress made by students as well as the institution's evaluation of the Uniform Recruitment and Retention Strategy. An institution is considered in compliance if the Uniform Recruitment and Retention Strategy report is approved by Coordinating Board staff. Coordinating Board staff may require an institution to resubmit a report that was not approved. The report must be resubmitted within ten business days after the request is made by Coordinating Board staff. The report shall include at a minimum:

(1) Student performance/success data;

(2) Student participation data;

(3) Information relating to the costs of the program and funding source, and number of students served;

(4) The academic progress made by students as well as other outcomes related to Closing the Gaps by 2015; and

(5) Institutions shall collect data and evaluate success based on the following elements and connect them to the accelerated targets for Closing the Gaps by 2015:

(A) Partnership with high-need, low-college going rate public schools;

(B) Pre-college academic outreach;

(C) Application assistance;

(D) Financial aid assistance;

(E) Academic support programs;

(F) Tutoring/mentoring programs;

(G) Academic advising; and

(H) Early Alert Systems that include academic support for at-risk students.

(c) At the discretion of the Coordinating Board, the Uniform Recruitment and Retention Strategy reports may be reviewed by external peer reviewers.

(d) The Coordinating Board reserves the right to audit any program reported as a part of the Uniform Recruitment and Retention Strategy.

Comments

Source Note: The provisions of this §4.244 adopted to be effective November 25, 2009, 34 TexReg 8318

§4.245: Noncompliance; Sanctions

(a) The following constitutes noncompliance:

(1) A Coordinating Board Evaluation Fidelity Score of 1;

(2) A report that has not been submitted by the December 1 deadline; or

(3) A resubmitted report that has not been submitted within ten business days.

(b) For noncompliance with any Closing the Gaps by 2015 reporting requirements, including the Uniform Recruitment and Retention Strategy, the Coordinating Board shall withhold program approvals as outlined in Chapter 5, Subchapter C of this title (relating to Approval of New Academic Programs and Administrative Changes at Public Universities, Health-Related Institutions, and Assesment of Existing Degree Programs), all Coordinating Board grant funding, and up to 22 points in the Tuition Revenue Bond approval process.

Comments

Source Note: The provisions of this §4.245 adopted to be effective November 25, 2009, 34 TexReg 8318

Subchapter P

§4.255: Purpose

This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of distance education courses and programs. The rules are designed to provide Texas residents with access to courses and programs that meet their needs, to ensure course and program quality, and to prevent the unnecessary duplication of these courses and programs.

Comments

Source Note: The provisions of this §4.255 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.256: Authority

Authority for these provisions is provided by Texas Education Code §61.051(j), which provides the Board with the authority to approve courses for credit and distance education programs.

Comments

Source Note: The provisions of this §4.256 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.257: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Academic credit course--A college-level course that, if successfully completed, can be applied toward the number of courses required for achieving a degree, diploma, certificate, or other formal award.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.

(4) Community College--Any public community college as defined in Texas Education Code, §61.003 and §130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §130.0011 and §130.003.

(5) Continuing Education Course--A Coordinating Board-approved higher education technical course offered for continuing education units and conducted in a competency-based format. Such a course has specific occupational and/or apprenticeship training objectives.

(6) Continuing Education Unit or CEU--Ten contact hours of participation in an organized educational experience under responsible sponsorship, capable direction, and qualified instruction and not offered for academic credit.

(7) Degree--Any title or designation, mark, abbreviation, appellation, or series of letters or words, including "associate", "bachelor's", "master's", and "doctor's" and their equivalents and foreign cognates, which signifies satisfactory completion of the requirements of a program of study which is generally regarded and accepted as an academic degree-level program by accrediting agencies recognized by the Board.

(8) Distance Education--The formal educational process that occurs when students and instructors are not in the same physical setting for the majority (more than 50 percent) of instruction.

(9) Distance Education Course--A course in which a majority (more than 50 percent) of the instruction occurs when the student(s) and instructor(s) are not in the same place. Two categories of distance education courses are defined:

(A) Fully Distance Education Course--A course which may have mandatory face-to-face sessions totaling no more than 15 percent of the instructional time. Examples of face-to-face sessions include orientation, laboratory, exam review, or an in-person test.

(B) Hybrid/Blended Course--A course in which a majority (more than 50 percent but less than 85 percent), of the planned instruction occurs when the students and instructor(s) are not in the same place.

(10) Distance Education Degree or Certificate Program--A program in which a student may complete a majority (more than 50 percent) of the credit hours required for the program through distance education courses.

(11) Doctoral Degree--An academic degree beyond the level of a master's degree that typically represents the highest level of formal study or research in a given field.

(12) First-Professional Degree--An award that requires completion of a program that meets all of the following criteria:

(A) completion of the academic requirements to begin practice in the profession;

(B) at least two years of college work prior to entering the program; and

(C) a total of at least six academic years of college work to complete the degree program, including prior required college work plus the length of the professional program itself. First-Professional degrees are discipline-specific, including, but not limited to, degrees such as: Dentistry (D.D.S. or D.M.D.); Medicine (M.D.); Veterinary Medicine (D.V.M.); Law (L.L.B, J.D.); and Pharmacy (Pharm.D).

(13) Formula Funding--The method used to allocate appropriated sources of funds among institutions of higher education.

(14) Formula-funded Course--An academic credit course delivered face-to-face or by distance education whose semester credit hours are submitted for formula funding.

(15) Institution of Higher Education or Institution--Any public technical institute, public community college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.

(16) Institutional Plan for Distance Education--A plan that must be submitted for Coordinating Board approval prior to an institution offering distance education courses or programs for the first time.

(17) Non-credit Course--A course that results in the award of continuing education units (CEU) as specified by Southern Association of Colleges and Schools (SACS) criteria. Only courses that result in the award of CEUs may be submitted for state funding.

(18) Non-Resident Student--A student who is not a Texas resident and/or does not qualify for Texas resident tuition.

(19) Out-of-state/Out-of-country Courses and Programs--Academic credit courses and programs delivered outside Texas/United States to individuals or groups who are not regularly enrolled, on-campus students. Out-of-state and out-of-country courses do not receive formula funding.

(20) Program or Program of Study--Any grouping of courses which are represented as entitling a student to a degree or certificate.

(21) Public Health-Related Institution or Health-Related Institution--A medical or dental unit as defined by Texas Education Code, §61.003(5).

(22) Public University or University--A general academic teaching institution as defined by Texas Education Code, §61.003(3).

(23) Regular On-Campus Student--A student who is admitted to an institution, the majority of whose semester credit hours are reported for formula funding and whose coursework is primarily taken at an institution's main campus or on one or more of the campuses within a multi-campus community college system.

(24) Self-Supporting Courses and Programs--Academic credit courses and programs (formerly defined as extension courses or programs) whose semester credit hours are not submitted for formula funding.

(25) Semester Credit Hour--A unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction over a 15-week period in a semester system.

(26) Workforce Continuing Education Course--A course of ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education with an occupationally specific objective and supported by state appropriations. Workforce continuing education courses are offered by community and technical colleges and differ from a community service course which is not eligible for state reimbursement and is offered for recreational or a vocational purposes.

Comments

Source Note: The provisions of this §4.257 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.258: General Provisions

(a) This subchapter governs the following types of instruction provided through distance education:

(1) Academic credit courses, degree and certificate programs, and self-supporting courses and programs provided by all public institutions of higher education; and

(2) Formula-funded workforce continuing education provided by a public community college, Lamar State College, or public technical college.

(b) This subchapter does not apply to the following types of instruction provided through distance education:

(1) Non-credit adult and continuing education courses provided by a senior college or university or health-related institution; and

(2) Non-formula-funded continuing education provided by a public community college, Lamar State College, or public technical college.

Comments

Source Note: The provisions of this §4.258 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.259: Institutional Plan for Distance Education

(a) Prior to offering any distance education courses or programs for the first time, institutions of higher education shall submit an Institutional Plan for Distance Education to the Board for approval. The Commissioner shall provide guidelines for development of the report and a schedule for any periodic submission of updated reports.

(b) Institutional academic and administrative policies shall reflect a commitment to maintain the quality of distance education courses and programs in accordance with the provisions of this subchapter. An Institutional Plan for Distance Education shall conform to Board guidelines and criteria of the Commission on Colleges of the Southern Association of Colleges and Schools in effect at the time of the Report's approval. These criteria shall include provisions relating to:

(1) Institutional Issues;

(2) Educational Programs;

(3) Faculty;

(4) Student Support Services; and

(5) Distance Education Facilities and Support.

Comments

Source Note: The provisions of this §4.259 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.260: Standards and Criteria for Institutions

The following provisions apply to all institutions covered under this subchapter, unless otherwise specified:

(1) Institutions shall comply with the standards and criteria of the Commission on Colleges of the Southern Association of Colleges and Schools.

(2) Institutions shall adhere to criteria outlined in Principles of Good Practice for Degree and Certificate Programs and Courses Offered Through Distance Education.

(3) The Commissioner shall establish procedures governing the quality, review, and approval of distance education programs and courses. The Commissioner may also require institutions to provide reports on distance education programs and courses.

(4) Students shall be provided academic support services appropriate for distance education, such as advising, career counseling, library, and other learning resources.

(5) Institutions shall report enrollments, courses, and graduates associated with distance education offerings as required by the Commissioner.

(6) If a non-Texas resident student enrolls in regular, on-campus courses for at least one-half of the normal full-time course load as determined by the institution, the institution may report that student's fully distance education or hybrid/blended courses for formula funding enrollments.

Comments

Source Note: The provisions of this §4.260 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.261: Standards and Criteria for Distance Education Programs

The following provisions apply to all programs covered under this subchapter, unless otherwise specified:

(1) Each program shall be within the role and mission of the institution responsible for offering the instruction and shall be on its inventory of approved programs.

(2) Prior Board approval may be required before an institution may offer programs in certain subject area disciplines or under other conditions specified by the Board or Commissioner.

(3) An institution shall not offer doctoral or first-professional degree programs by distance education without specific prior approval by the Board. The Commissioner may approve for delivery by other delivery modes doctoral and special professional degree programs that have previously been approved by the Board for electronic or off-campus delivery.

(4) An institution offering a degree or certificate program shall comply with the standards and criteria of any specialized accrediting agency or professional certification board.

(5) Each degree program offered via distance education shall be approved by an institution's governing board or the governing board's institutional designee. Certification of approval shall be submitted to the Board upon request.

(6) Institutions shall require that students (except for students in out-of-country programs) enrolled in a distance education degree program satisfy the same requirements for admission to the institution and the program as required of regular on-campus students. Students in degree programs to be offered collaboratively shall meet the admission standards of their home institution.

(7) Out-of-country students shall meet equivalent standards for admission into programs and shall be assessed for academic guidance purposes in a manner determined by the admitting institution.

Comments

Source Note: The provisions of this §4.261 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.262: Standards and Criteria for Distance Education Courses

The following provisions apply to all courses covered under this subchapter, unless otherwise specified:

(1) Each course shall be within the role and mission of the institution responsible for offering the instruction and shall be on its inventory of approved courses.

(2) All courses covered under this subchapter shall meet the quality standards applicable to on-campus courses.

(3) Institutions shall report to the Coordinating Board, in accordance with Board policy and procedures, all distance education courses and programs.

(4) Except for students in out-of-country courses, students shall satisfy the same requirements for enrollment in an academic credit course as required of on-campus students.

(5) Out-of-country students shall meet equivalent standards for enrollment in an academic credit course and shall be assessed for academic guidance purposes in a manner determined by the admitting institution.

(6) The instructor of record shall bear responsibility for the delivery of instruction and for evaluation of student progress.

(7) Prior Board approval may be required before an institution may offer programs in certain subject area disciplines or under other conditions specified by the Board or Commissioner.

Comments

Source Note: The provisions of this §4.262 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.263: Standards and Criteria for Distance Education Faculty

The following provisions apply to faculty teaching in programs covered under this subchapter, unless otherwise specified:

(1) Faculty shall be selected and evaluated by equivalent standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for on-campus courses.

(2) Institutions shall provide training and support to enhance the added skills required of faculty teaching courses through electronic means.

(3) The supervision, monitoring, and evaluation processes for faculty shall be equivalent to those for on-campus courses.

Comments

Source Note: The provisions of this §4.263 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.264: Formula Funding General Provisions

(a) Institutions shall report distance education courses submitted for formula funding in accordance with the Board's uniform reporting system and the provisions of this subchapter.

(b) Institutions may submit for formula funding academic credit courses delivered by distance education to any student located in Texas or to Texas residents located out-of-state or out-of-country.

(c) Institutions shall not submit for formula funding distance education courses taken by non-resident students who are located out-of-state or out-of-country, courses in out-of-state or out-of-country programs taken by any student, or self-supporting courses.

(d) For courses not submitted for formula funding, institutions shall charge fees that are equal to or greater than Texas resident tuition and applicable fees and that are sufficient to cover the total cost of instruction and overhead, including administrative costs, benefits, computers and equipment, and other related costs. Institutions shall report fees received for self-supporting and out-of-state/country courses in accordance with general institutional accounting practices.

Comments

Source Note: The provisions of this §4.264 adopted to be effective February 23, 2010, 35 TexReg 1452

Subchapter Q

§4.270: Purpose

This subchapter establishes rules for all public institutions of higher education in Texas regarding the delivery of off-campus and on-campus self-supporting courses and programs. The rules are designed to provide Texas residents with access to off-campus courses and self-supporting courses and programs that meet their needs, to ensure course and program quality, and to assure the adequacy of the technical and managerial infrastructure necessary to support such courses and programs.

Comments

Source Note: The provisions of this §4.270 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.271: Authority

Authority for these provisions is provided by Texas Education Code §61.051(j) which provides the Board with the authority to approve courses for credit and distance education programs, including off-campus and self-supporting programs, and Texas Education Code §130.008 and §28.009, which provide for the offering of dual credit courses by public institutions of higher education.

Comments

Source Note: The provisions of this §4.271 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.272: Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Academic credit course--A college-level course that, if successfully completed, can be applied toward the number of courses required for achieving a degree, diploma, certificate, or other formal award.

(2) Area Institution--A university, health-related institution, independent institution, or legislatively established or Board-approved higher education center which is within a 50-mile radius of a proposed off-campus instruction site.

(3) Board--The Texas Higher Education Coordinating Board.

(4) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.

(5) Community College--Any public community college as defined in Texas Education Code, §61.003 and §130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §130.0011 and §130.003.

(6) Continuing education course--A Coordinating Board-approved higher education technical course offered for continuing education units and conducted in a competency-based format. Such a course has specific occupational and/or apprenticeship training objectives.

(7) Continuing Education Unit or CEU--Ten contact hours of participation in an organized educational experience under responsible sponsorship, capable direction, and qualified instruction and not offered for academic credit.

(8) Degree--Any title or designation, mark, abbreviation, appellation, or series of letters or words, including "associate", "bachelor's", "master's", and "doctor's" and their equivalents and foreign cognates, which signifies satisfactory completion of the requirements of a program of study which is generally regarded and accepted as an academic degree-level program by accrediting agencies recognized by the Board.

(9) Doctoral Degree--An academic degree beyond the level of a master's degree that typically represents the highest level of formal study or research in a given field.

(10) First-Professional Degree--An award that requires completion of a program that meets all of the following criteria:

(A) completion of the academic requirements to begin practice in the profession;

(B) at least two years of college work prior to entering the program; and

(C) a total of at least six academic years of college work to complete the degree program, including prior required college work plus the length of the professional program itself. First-Professional degrees are discipline-specific, including, but not limited to, degrees such as: Dentistry (D.D.S. or D.M.D.); Medicine (M.D.); Veterinary Medicine (D.V.M.); Law (L.L.B, J.D.); and Pharmacy (Pharm.D).

(11) Formula Funding--The method used to allocate appropriated sources of funds among institutions of higher education.

(12) Formula-funded Course--An academic credit course delivered face-to-face or by distance education whose semester credit hours are submitted for formula funding.

(13) Institution of Higher Education or Institution--Any public technical institute, public community college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.

(14) Main Campus--The primary campus or campuses of an institution of higher education supplying instruction and supported by on-site administration, also referred to as on-campus.

(15) Non-credit course--A course that results in the award of continuing education units (CEU) as specified by Southern Association of Colleges and Schools (SACS) criteria. Only courses that result in the award of CEUs may be submitted for state funding.

(16) Off-Campus Course--A course in which a majority (more than 50 percent) of the instruction occurs when the students and instructor(s) are in the same physical location and which meets one of the following criteria: for public senior colleges and universities, Lamar state colleges, or public technical colleges, off-campus locations are locations away from the main campus; for public community colleges, off-campus locations are sites outside the service area.

(17) Off-Campus Degree or Certificate Program--A program in which a student may complete a majority (more than 50 percent) of the credit hours required for the program through off-campus courses.

(18) Off-Campus Instruction--The formal educational process in which a majority (more than 50 percent) of the instruction occurs when the students and instructor(s) are in the same physical location and which meets one of the following criteria: for public senior colleges and universities, Lamar state colleges, or public technical colleges, off-campus locations are locations away from the main campus; for public community colleges, off-campus locations are sites outside the service area.

(19) Out-of-State/Out-of-Country Courses and Programs--Academic credit courses and programs delivered outside Texas/United States to individuals or groups who are not regularly enrolled on-campus students. Out-of-state and out-of-country courses do not receive formula funding.

(20) Public Health-Related Institution or Health-Related Institution--A medical or dental unit as defined by Texas Education Code, §61.003(5).

(21) Public Technical Institute or College--The Lamar Institute of Technology or any campus of the Texas State Technical College System.

(22) Public University or University--A general academic teaching institution as defined by Texas Education Code, §61.003(3).

(23) Regional Council--A cooperative arrangement among representatives of all public, private or independent institutions of higher education within a Uniform State Service Region, as established under Texas Education Code, §51.662.

(24) Regular On-Campus Student--A student who is admitted to an institution, the majority of whose semester credit hours are reported for formula funding and whose coursework is primarily taken at an institution's main campus or on one or more of the campuses within a multi-campus community college system.

(25) Self-Supporting Courses and Programs--Academic credit courses and programs (formerly defined as extension courses or programs) whose semester credit hours are not submitted for formula funding.

(26) Semester Credit Hour--A unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction, over a 15-week period in a semester system.

(27) Service Area--The territory served by a community college district as defined in Texas Education Code, §130.161.

(28) Study-in-America Courses--Off-campus, academic credit instruction which is delivered outside Texas but in the United States primarily to regular on-campus students.

(29) Study-Abroad Courses--Off-campus, academic credit instruction which is delivered outside the United States primarily to regular on-campus students.

(30) Workforce Continuing Education Course--A course of ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education with an occupationally specific objective and supported by state appropriations. Workforce continuing education courses are offered by community and technical colleges and differ from a community service course which is not eligible for state reimbursement and is offered for recreational or a vocational purposes.

Comments

Source Note: The provisions of this §4.272 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.273: General Provisions

(a) This subchapter governs the following types of instruction offered by institutions of higher education:

(1) Academic credit courses, degree and certificate programs, and formula-funded workforce continuing education provided by a community college outside the boundaries of its service area through off-campus instruction;

(2) Academic credit courses, and degree and certificate programs provided by a public technical college, Lamar State College, public senior college or university, or public health-related institution through off-campus instruction;

(3) Formula-funded workforce continuing education provided by a public technical college or Lamar State College through off-campus instruction;

(4) Academic credit courses and programs offered by any public institution of higher education outside of Texas, including Study-Abroad, Study-in-America, out-of-state, and out-of-country courses; and

(5) Self-supporting courses and programs that are offered through off-campus instruction.

(b) This subchapter does not apply to the following types of instruction:

(1) Non-credit adult and continuing education courses provided through off-campus delivery or as on-campus self-supporting courses or programs by a senior college or university or health-related institution.

(2) Continuing education, except formula-funded workforce continuing education, provided by public two-year colleges.

Comments

Source Note: The provisions of this §4.273 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.274: Standards and Criteria for Institutions

The following provisions apply to all institutions covered under this subchapter, unless otherwise specified:

(1) Institutions shall comply with the standards and criteria of the Commission on Colleges of the Southern Association of Colleges and Schools.

(2) The Commissioner shall establish procedures governing the quality, review, and approval of off-campus and self-supporting programs and courses. The Commissioner may also require institutions to provide reports on off-campus, out-of-state/country, and self-supporting programs and courses.

(3) For off-campus programs and self-supporting programs, the parent institution shall notify all potentially affected area institutions in accordance with Board policy and procedures.

(4) The Commissioner shall develop procedures and standards for offering out-of-state/country programs and courses and for Study-in-America and Study-Abroad offerings.

(5) Institutions shall report enrollments, courses and graduates associated with self-supporting offerings as required by the Commissioner.

(6) Institutions shall report fees received for self-supporting and out-of-state/country courses in accordance with general institutional accounting practices.

(7) Students shall be provided academic support services appropriate for off-campus instruction such as academic advising, career counseling, library, and other learning resources.

(8) Off-campus instruction sites shall be of sufficient quality for the delivery methods and courses offered.

Comments

Source Note: The provisions of this §4.274 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.275: Standards and Criteria for Off-Campus and Self-Supporting Programs

The following provisions apply to all programs covered under this subchapter, unless otherwise specified:

(1) Each program shall be within the role and mission of the institution responsible for offering the instruction and shall be on its inventory of approved programs.

(2) Prior Board approval may be required before an institution may offer programs in certain subject area disciplines or under other conditions specified by the Board or Commissioner.

(3) An institution shall not offer doctoral or first-professional degree programs off-campus or as a self-supporting program without specific prior approval by the Board. The Commissioner may approve for delivery by other modes doctoral and special professional degree programs that have previously been approved by the Board for delivery through off-campus instruction or as a self-supporting program.

(4) An institution offering an off-campus degree or certificate program shall comply with the standards and criteria of any specialized accrediting agency or professional certification board.

(5) Each degree program offered off-campus shall be approved by an institution's governing board or the governing board's institutional designee. Certification of approval shall be submitted to the Board upon request.

(6) Institutions shall require that students (except for students in out-of-country programs) enrolled in an off-campus or self-supporting degree program satisfy the same requirements for admission to the institution and the program as required of regular on-campus students. Students in degree programs to be offered collaboratively shall meet the admission standards of their home institution. Out-of-country students shall meet equivalent standards for admission into programs.

Comments

Source Note: The provisions of this §4.275 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.276: Standards and Criteria for Off-Campus and Self-Supporting Courses

The following provisions apply to all courses covered under this subchapter, unless otherwise specified:

(1) Each course shall be within the role and mission of the institution responsible for offering the instruction and shall be on its inventory of approved courses.

(2) Prior Board approval may be required before an institution may offer courses in certain subject area disciplines or under other conditions specified by the Board or Commissioner.

(3) Study-in-America and Study-Abroad courses offered by institutions of higher education, or by an approved consortium composed of Texas public institutions, must be reported to the Board in the manner prescribed by the Commissioner in order for the semester credit hours or contact hours generated in those courses to receive formula funding.

(4) All courses shall meet the quality standards applicable to on-campus courses.

(5) Institutions shall report to the Coordinating Board and notify all potentially affected area institutions all off-campus courses and programs in accordance with Coordinating Board policy and procedures.

(6) Except for students in out-of-country courses, students shall satisfy the same requirements for enrollment in an academic credit course as required of on-campus students. Out-of-country students shall be assessed for academic guidance purposes.

(7) The instructor of record shall bear responsibility for the delivery of instruction and for evaluation of student progress.

Comments

Source Note: The provisions of this §4.276 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.277: Standards and Criteria for Off-Campus and Self-Supporting Courses Faculty

The following provisions apply to faculty teaching in programs covered under this subchapter, unless otherwise specified:

(1) Faculty shall be selected and evaluated by equivalent standards, review, and approval procedures used by the institution to select and evaluate faculty responsible for on-campus courses.

(2) Institutions shall provide training and support to enhance the added skills required of faculty teaching off-campus or self-supporting courses.

(3) The supervision, monitoring, and evaluation processes for faculty shall be equivalent to those for on-campus courses.

Comments

Source Note: The provisions of this §4.277 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.278: Functions of Regional Councils

(a) Regional Councils shall advise the Commissioner on appropriate policies and procedures for effective state-level administration of off-campus lower-division instruction.

(b) With the exception of subsections (e) and (i) of this section, Regional Councils in each of the ten Uniform State Service Regions shall make recommendations to the Commissioner and shall resolve disputes regarding plans for lower-division courses and programs proposed by public institutions.

(c) With the exception of subsections (e) and (i) of this section, for any dispute arising from off-campus delivery of lower-division courses to groups, any institution party to the disagreement may appeal first to the Regional Council, and then to the Commissioner and then the Board.

(d) Each Regional Council shall make recommendations to the Commissioner regarding off-campus courses and programs proposed for delivery within its Uniform State Service Region in accordance with the consensus views of Council members, except for courses and programs proposed to be offered by public community colleges in their designated service areas and courses and programs governed by the provisions of subsections (e) and (i) of this section.

(e) 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.

(f) A public community college proposing to offer a dual credit course at a high school outside of the college's service area shall notify the Regional Council in whose service area the high school is located. It must provide a letter from the school district stating that the local community college is not offering the proposed dual credit course to the satisfaction of the school district and that the school district has invited the other community college to offer the course.

(g) Public community colleges shall submit for the appropriate Regional Council's review all off-campus lower-division courses proposed for delivery to sites outside their service areas.

(h) With the exception of subsection (i) of this section, universities, health-related institutions, public technical colleges, and Lamar state colleges shall submit for Regional Council review all off-campus lower-division courses proposed for delivery to sites in the Council's Service Region.

(i) Universities, health-related institutions, public technical colleges, and Lamar state colleges may enter into an agreement to offer lower-division dual credit courses with a school district and/or high school that makes such a request, and regional council approval is not required in order to offer requested lower-division, dual credit courses.

(j) All institutions of higher education shall provide notice to the Higher Education Regional Councils when planning to offer requested off-campus and/or electronic to groups dual credit courses in the Council's service area.

Comments

Source Note: The provisions of this §4.278 adopted to be effective February 23, 2010, 35 TexReg 1452

§4.279: Formula Funding General Provisions

(a) Institutions shall report off-campus courses submitted for formula funding in accordance with the Board's uniform reporting system and the provisions of this subchapter.

(b) Institutions shall not submit for formula funding courses in out-of-state or out-of-country programs.

(c) Institutions shall not submit self-supporting courses for formula funding.

(d) Institutions shall not submit non-state funded lower-division credit courses to Regional Councils.

(e) Institutions shall not jeopardize or diminish the status of formula-funded on-campus courses and programs in order to offer self-supporting courses. Self-supporting courses shall not be a substitute for offering a sufficient number of formula-funded on-campus courses.

(f) For courses not submitted for formula funding, institutions shall charge fees that are equal to or greater than Texas resident tuition and applicable fees, and that are sufficient to cover the total cost of instruction and overhead, including administrative costs, benefits, computers and equipment, and other related costs. Institutions shall report fees received for self-supporting and out-of-state/country courses in accordance with general institutional accounting practices.

Comments

Source Note: The provisions of this §4.279 adopted to be effective February 23, 2010, 35 TexReg 1452

Subchapter R

§4.285: Purpose

This subchapter establishes rules regarding the periodic review of low-producing degree and certificate programs at public institutions of higher education.

Comments

Source Note: The provisions of this §4.285 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.286: Authority

Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §61.051 which describes the Board's role in the Texas system of higher education.

Comments

Source Note: The provisions of this §4.286 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.287: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Degree or certificate program--Any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle the student to receive a degree or certificate from an institution of higher education.

(3) Institution of higher education or institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education as defined in Texas Education Code, §61.003.

(4) Low-Producing Degree Programs--Degree programs that do not meet the following minimum standards for degrees awarded in the program:

(A) For career technical certificates, associate and bachelor's programs, an average of five degrees awarded per academic year, to total not fewer than twenty-five degrees awarded for any five-year period;

(B) For master's programs, an average of three degrees awarded per academic year, to total not fewer than fifteen degrees awarded for any five-year period; and

(C) For doctoral and special professional degrees, an average of two degrees awarded per academic year, to total not fewer than ten degrees awarded for any five-year period.

(5) Permanent Exemption--Exemption for degree programs which removes them from the list of low-producing degree programs indefinitely.

(6) Temporary Exemption--Exemption for degree programs which removes them from the consequences of low-producing degree programs for a defined period of time.

(7) Related Degree Program--A degree program for which an institution may use common faculty and other resources.

Comments

Source Note: The provisions of this §4.287 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.288: Notification of Low-Producing Degree Programs

(a) Coordinating Board staff will send each institution an annual list of low-producing degree programs.

(b) The Board will alert an institution when a degree program has not met the minimum standards for three consecutive years. A second alert will follow if that degree program has not met the minimum standards for four consecutive years.

(c) Completers of career technical certificate programs that are reported under the same CIP code as an existing associate's degree program will be counted as completers of the corresponding associate's degree program for purposes of determining low-producing status.

Comments

Source Note: The provisions of this §4.288 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.289: Exemptions

New programs or programs that are granted exemption will be noted on the annual list of low-producing programs, according to the following criteria:

(1) A new degree program is exempted for the first five years of program implementation. Annual review begins in the sixth year of implementation.

(2) A Master's degree program requiring only courses taught in the corresponding doctoral program is permanently exempted from low-producing status. These degrees are, in effect, terminal master's degrees available to students who are unable to meet doctoral requirements. No additional cost is associated with these degrees.

Comments

Source Note: The provisions of this §4.289 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.290: Consequences for Non-Exempt Low-Producing Degree Programs

Once the institution has been notified that a degree program has not met the minimum standards for five consecutive years, the institution must:

(1) Phase out or consolidate the low-producing degree program with another program or programs; or

(2) Request a temporary exemption.

Comments

Source Note: The provisions of this §4.290 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.291: Process for Requesting a Temporary Exemption

(a) A low-producing degree program is eligible for a temporary exemption if:

(1) The Coordinating Board staff determines the necessity for a temporary exemption because:

(A) The institution demonstrates evidence that the low-producing degree program contributes to meeting Closing the Gaps initiatives or other Coordinating Board policies including workforce needs in specific industries; and

(B) Institutional efforts are being made to increase enrollments, limit cost inefficiencies, and improve program success. The period of time for the exemption will be established by Coordinating Board staff after discussions with the institution; or

(2) The degree is composed exclusively of courses required for other existing degrees at the institution and there is very limited or no additional cost associated with the degree.

(b) To request a temporary exemption provide the following information:

(1) A narrative that explains the causes of low production;

(2) Justification for continuing the degree program. Justification should incorporate issues of need, quality, cost, and Closing the Gaps initiatives;

(3) An action plan for the low-producing degree program. The action plan should include a detailed strategy for increasing enrollment, graduation output, and graduation rates. In accordance with the institution's Uniform Recruitment and Retention Strategy, the action plan should include specific strategies to recruit, retain, and graduate students from underrepresented groups for the program; and

(4) The following data on the degree program for the last two years:

(A) Number of declared majors; and

(B) Number of students per class section.

(c) Coordinating Board staff will evaluate the application for a temporary exemption and approve or deny it. If approved, the exemption will be for a limited period of time determined by the staff after discussion with the institution.

Comments

Source Note: The provisions of this §4.291 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.292: Appeals Process

Institutions may appeal the staff's decision to phase out or consolidate a program. In order to do so, an institution must request an exemption from the Coordinating Board at a quarterly board meeting.

Comments

Source Note: The provisions of this §4.292 adopted to be effective May 26, 2010, 35 TexReg 4148

§4.293: Reinstatement of Closed Programs

(a) A program that has been closed due to low productivity may not be considered for reinstatement until a minimum of ten years has passed.

(b) Programs eligible for reinstatement must complete the requirements for new academic program approval.

(c) Institutions may not start a new degree program that is a related degree program to one that has been closed due to low productivity without completing the applicable new program request form and providing compelling evidence of state or regional need.

(d) An institution may request the reinstatement of a program closed due to low-productivity before the conclusion of the ten-year period:

(1) For career technical certificates and associate degrees, by completing the applicable new program request form and providing compelling evidence of state or regional need. Career technical certificates and associate degrees may be approved by the Assistant Commissioner of Academic Affairs and Research; or

(2) For baccalaureate, master's or doctoral degrees, by completing the applicable new program request form and providing compelling evidence of state or regional need. Baccalaureate, master's or doctoral degrees may be approved by the Coordinating Board at one of its quarterly meetings.

Comments

Source Note: The provisions of this §4.293 adopted to be effective May 26, 2010, 35 TexReg 4148

Chapter 5

Subchapter A

§5.1: Purpose

This subchapter establishes rules on a variety of topics that apply exclusively to public universities and/or health-related institutions.

Comments

Source Note: The provisions of this §5.1 adopted to be effective May 28, 2003, 28 TexReg 4124

§5.2: Authority

Unless otherwise noted in a section, the authority for these provisions is provided by Texas Education Code, §61.051 which describes the Board's role in coordinating higher education in Texas.

Comments

Source Note: The provisions of this §5.2 adopted to be effective May 28, 2003, 28 TexReg 4124

§5.3: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Health-related institution--a medical or dental unit as defined by the Texas Education Code, §61.003 (5).

(4) Public university--a general academic teaching institution as defined by the Texas Education Code, §61.003 (3).

(5) Degree program--any grouping of subject matter courses which, when satisfactorily completed by a student, shall entitle the student to a degree from an institution of higher education.

(6) Support area--a grouping of courses for which an institution does not have degree authority. The number of courses in a support area is limited to fewer than would provide a degree program in that specialty at that level. Support areas may include a single discipline, a subcategory of an approved degree program, or a component of a multi-disciplinary specialty.

(A) A variety of terms for subject matter course groupings, such as concentration, track, option, emphasis, specialization, and major are commonly used by institutions. The Coordinating Board does not have formal definitions for these terms, which vary in usage among institutions.

(B) Despite various terminologies, the Board considers subject matter course groupings to be degree programs if such groupings are substantially the same as those for a degree in a similar discipline at the institution or in the same discipline specialty (as identified by Texas CIP classification) at similar institutions.

(7) Degree title--name of the degree and discipline under which one or more degree programs may be offered. A degree title usually consists of the degree designation (e.g., Bachelor of Science, Master of Arts) and the discipline specialty (e.g., History, Psychology).

Comments

Source Note: The provisions of this §5.3 adopted to be effective May 28, 2003, 28 TexReg 4124

§5.4: Time Limit on Implementing New Programs or Administrative Changes Approved by the Board or the Commissioner

(a) Staff recommendations on new programs or administrative changes requested by institutions are based on information available at the time recommendations are made; beyond a reasonable period of time, those recommendations may become less valid and Board actions, therefore, less appropriate and/or responsive to the needs of the state and its regions.

(b) Unless otherwise stipulated at the time of approval, if new degree programs approved by the Board or Commissioner are not established within two years of approval, that approval is no longer valid.

(c) Unless otherwise stipulated at the time of approval, if administrative changes approved by the Board or Commissioner are not implemented within two years of approval, that approval is no longer valid.

(d) Provisions of this section apply to general academic institutions and health-related institutions.

Comments

Source Note: The provisions of this §5.4 adopted to be effective May 28, 2003, 28 TexReg 4124

§5.5: Uniform Admission Policy

(a) Each public university shall admit first-time undergraduate students for each semester in accordance with Texas Education Code, §§51.801 - 51.809. Only The University of Texas at Austin shall admit students under Texas Education Code §51.803(a-1) - (a-5) and subsection (e) of this section.

(b) All applicants from Texas schools accredited by a generally recognized accrediting agency and who graduate in the top 10 percent of their high school class or who graduate in the top 25 percent of their high school class, to the extent the governing board of a general academic teaching institution has adopted such an admission policy, shall be admitted to a general academic teaching institution if the student meets the following conditions:

(1) The student has met one of the following:

(A) Successfully completed the Recommended or Advanced High School Program from a Texas public high school as outlined under Texas Education Code, §28.025, and §74.63 and §74.64 of this title (relating to Recommended High School Program and Distinguished Achievement High School Program--Advanced High School Program);

(B) Successfully completed a curriculum from a high school in Texas other than a public high school that is equivalent in content and rigor to the Recommended or Advanced High School Program as outlined under subsection (c) of this section;

(C) Satisfied ACT's College Readiness Benchmarks on the ACT assessment; or

(D) Earned on the SAT assessment a score of at least a 1500 out of 2400, or the equivalent; and

(2) The student submitted an official high school transcript or diploma that must, not later than the end of the student's junior year, indicate whether the student has satisfied the requirements outlined under paragraph (1)(A) or (B) of this subsection.

(3) For applicants who graduate in the top 10 percent of their high school class and want to be considered for automatic admission under Texas Education Code, §51.803, the student must:

(A) Submit a complete application defined by the institution before the expiration of the institution's established deadline; and

(B) Have graduated from high school within the two years prior to the academic year for which the student is applying for admission.

(c) A student is considered to have satisfied the requirements of subsection (b)(1)(A) or (B) of this section if the student completed all or the portion of the Recommended or Advanced High School Program or of a curriculum equivalent in content and rigor, as applicable, that was available to the student. A student may be considered to have completed the Recommended or Advanced High School curriculum if a student was unable to complete the remainder of the curriculum solely because courses necessary to complete the remainder were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control. The standards for determining whether a student has satisfied the requirements of this subsection include the following:

(1) For a student in a Texas public high school, the public high school providing to a Texas public institution of higher education the Academic Achievement Record or transcript outlined under subsection (b)(2) of this section must indicate, in a form and manner prescribed by the Commissioner of Higher Education, whether the student has completed all or a portion of the Recommended or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.

(2) For a student in a Texas private high school, the private high school providing to a Texas public institution of higher education the transcript or diploma outlined under subsection (b)(2) of this section must:

(A) Be accredited by the Texas Private School Accreditation Commission or other accrediting organizations recognized by the Texas Education Agency; and

(B) Indicate, in a form and manner prescribed by the Commissioner of Higher Education, whether the student has completed all or a portion of the Recommended or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.

(d) All applicants from high schools operated by the United States Department of Defense and who graduate in the top 10 percent of their high school class shall be admitted to a general academic teaching institution if the student meets the following conditions, or if subsection (c) of this section applies whether the student has completed the portion of the recommended or advanced curriculum or of the curriculum equivalent in content and rigor, as applicable, that was available to the student:

(1) The student graduated from high school within the two years prior to the academic year for which the student is applying;

(2) The student is a Texas resident as defined in Texas Education Code, §54.052 or is entitled to pay tuition and fees at the rate provided for Texas residents for the term or semester to which the student is admitted;

(3) The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline; and

(4) The student meets the curriculum or the ACT/SAT test score requirements as outlined under subsection (b)(1) of this section.

(e) For the period from the 2011-2012 academic year through the 2015-2016 academic year, The University of Texas at Austin is not required to admit applicants in excess of the number needed to fill 75 percent of first-time resident undergraduate students.

(f) High school rank for students seeking automatic admission to a general academic teaching institution on the basis of their class rank is determined and reported as follows:

(1) Most recent available class rank, based on a point in time no earlier than the end of the 11th grade, shall be used for admission decision-making.

(2) The top 10 percent and top 25 percent of a high school class shall not contain more than 10 percent and top 25 percent, respectively, of the total class size.

(3) The student's rank shall be reported by the applicant's high school or school district as a specific number out of a specific number total class size.

(4) Class rank shall be determined by the school or school district from which the student graduated or is expected to graduate.

(g) A general academic teaching institution may limit the number of students admitted under this section if the number of applicants eligible and applying for admission to the institution under this section exceeds by more than 10 percent the average number of first-time freshmen admitted the previous two academic years. If an institution chooses to limit the number of students admitted under this section, it must ensure that:

(1) At least 97 percent of first-time freshmen admitted are in the top 10 percent of their high school class; and

(2) Clear guidelines are established for the selection of students based on one or a specified combination of the following methods:

(A) A lottery in which all students qualified for automatic admission have an equal chance for selection;

(B) Students are selected on a first-come, first-admitted basis following receipt of a complete application; or

(C) At least four or more criteria identified in Texas Education Code, §51.805 are used to select students admitted.

(h) The 18 admissions factors outlined in Texas Education Code, §51.805(b) may be considered by a general academic teaching institution when an applicant is eligible for admission under the "other admissions" provision as described in Texas Education Code, §51.805, but only after the applicant has met the curriculum or the ACT/SAT test score requirements as outlined under subsection (b)(1) of this section or finds relief from these requirements as outlined under subsection (c) of this section.

(i) Each public institution of higher education shall admit a student as an undergraduate if the student meets the following conditions:

(1) Is the child of a public servant listed in Texas Government Code, §615.003 who was killed or sustained a fatal injury in the line of duty according to requirements for verification outlined by the institution; and

(2) Meets the minimum admissions requirements established for purposes of this subsection by the governing board of the institution for high school or prior college-level grade point average and performance on standardized tests.

(j) Each general academic teaching institution shall annually report to the Board the composition of the entering class of first-time freshmen students admitted under this section. The report shall include a demographic breakdown of the class including race, ethnicity, and economic status. Each general academic teaching institution shall provide this report to the Board annually on or before a date set by the Board.

Comments

Source Note: The provisions of this §5.5 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 29, 2007, 32 TexReg 8490; amended to be effective August 26, 2009, 34 TexReg 5676; amended to be effective November 26, 2009, 34 TexReg 8320; amended to be effective May 26, 2010, 35 TexReg 4150

§5.7: Uniform Grade-Point Calculation for Admission to Graduate and Professional Schools

Procedures for calculating the grade-point average for students seeking admission to a graduate or post-baccalaureate professional school of an institution of higher education shall be as follows:

(1) Only official transcripts from accredited institutions of higher education shall be accepted by the graduate and professional schools of an institution of higher education for evaluation and grade-point calculation.

(2) All academic work undertaken and grades or symbols assigned at each institution shall be reflected on the student's official transcript(s). No student's grade may be expunged from his or her record.

(3) All grades assigned for academic course work shall be used in calculating the grade-point average, except that an institution may base the calculation on the last 60 semester credit hours (or equivalent) of undergraduate work and any previous work in a graduate or professional school.

(4) A four-point scale shall be used in computing the grade point average (e.g.: A, 4 points per semester hour; B, 3.0; C, 2.0; D, 1.0; F, 0.0).

(5) A grade or symbol indicating failure (i.e.: F, WF, NC, or in a pass/fail system, FL equals F) shall count as hours undertaken, but no grade points shall be earned.

(6) Excluded from the grade-point average shall be any credit by examination (CR); Quit (Q); Withdrew (W); Withdrew Passing (WP); Incomplete (I or X); and a pass grade within a pass/fail system.

(7) The grade-point average shall be computed by multiplying each grade point (see paragraph (4) and (5) of this subsection) by the semester or quarter credit hours earned per course and totaling the products. The semester or quarter hours of courses undertaken shall then be totaled. The total of the products shall be divided by the total semester or quarter hours. The result is to be calculated to the hundredth place, giving the official cumulative grade-point average.

(8) Academic work at foreign colleges, universities, or preparatory schools shall be excluded from the calculation. In such cases, the grade-point average and credit shall be evaluated and computed as determined by the graduate or professional school to which the student is applying.

Comments

Source Note: The provisions of this §5.7 adopted to be effective May 28, 2003, 28 TexReg 4124

Subchapter B

§5.21: Purpose

The purpose of this subchapter is to implement rules regarding the development of the role and mission for each public institution of higher education in Texas and for periodic review of the role and mission statements, the table of programs, and all degree and certificate programs offered by a public institution of higher education. Section 5.24(a) of this title (relating to Criteria and Approval of Mission Statements and Tables of Programs) applies to selected Public Colleges.

Comments

Source Note: The provisions of this §5.21 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 28, 2007, 32 TexReg 8490

§5.22: Authority

The authority for this subchapter is found in Texas Education Code, §§130.0012, 61.002(a) and (b) and Texas Education Code, §61.051(d) and (e).

Comments

Source Note: The provisions of this §5.22 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective November 28, 2007, 32 TexReg 8490

§5.23: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Preliminary Authority--Permission from the State of Texas to propose new degree programs in a given disciplinary area at a given level of instruction. The Table of Programs, defined in paragraph (9) of this section, prescribes the academic areas and levels that are approved by the Board as being appropriate for an institution's existing role and mission.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Commissioner--The Commissioner of Higher Education.

(4) Mission Statement--A narrative description of the general mission of each institution prepared by the institution and approved by its Board of Regents and the Board. The statement should address the fundamental purpose of the institution with respect to its teaching, research, and public service responsibilities. The institution's special concerns for quality and access, liberal arts, admissions, career-oriented programming, extension and articulation with community colleges and public schools, traditional and nontraditional education, and similar issues also may be described. The mission statement must be consistent with the approved Table of Programs and any statutory mission description.

(5) Organized classes--Classes whose primary mode of instruction is lecture, laboratory, or seminar.

(6) Program Inventory--The official list of all approved degree and certificate programs approved for a public university or health-related institution.

(7) Role and Mission or Role and Scope--Equivalent phrases used to refer to the overall purpose of an institution, including its role within the overall system of Texas higher education. The Board-approved role and mission documents for a university or health-related institution are its Mission Statement and Table of Programs.

(8) Small classes--Undergraduate level classes with less than 10 registrations, and graduate level classes with less than five registrations.

(9) Table of Programs--A table that describes the range of degree and certificate programs currently authorized for an institution using the Texas-CIP classification system. For each category and degree program level, authorization shall be designated by a code. The codes shall indicate whether or not degree programs in a particular subject matter category have been approved for the institution and whether or not they fall within its approved mission.

(10) Texas CIP Classification System--The Texas adaptation of the Classification of Instructional Programs taxonomy developed by the National Center for Education Statistics and used nationally to classify instructional programs and report educational data.

(11) Selected Public Colleges--Those public colleges authorized to offer baccalaureate degrees in Texas.

(12) Statutory mission description--A statement of an institution's mission or purpose that is established directly in statute.

Comments

Source Note: The provisions of this §5.23 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective May 12, 2005, 30 TexReg 2661; amended to be effective November 28, 2007, 32 TexReg 8490

§5.24: Criteria and Approval of Mission Statements and Tables of Programs

(a) In reviewing a request for preliminary authority to add a program (baccalaureate, master's, and doctoral) to the institution's Table of Programs, the Commissioner shall consider:

(1) a demonstrated need for a future program in terms of present and future vocational needs of the state and the nation;

(2) whether the proposed addition would complement and strengthen existing programs at the institution;

(3) whether a future program would unnecessarily duplicate other programs within the region, state, or nation; and

(4) whether a critical mass of students and faculty is likely to be available to allow the program to be offered at a high level of quality and to become self-sufficient on the basis of state funding.

(b) In reviewing a request for preliminary authority to add a doctoral program to the institution's Table of Programs, the Commissioner shall consider the criteria set out in subsection (a) of this section and the following additional criteria:

(1) a demonstrated regional, state, or national unmet need for doctoral graduates in the field, or an unmet need for a doctoral program with a unique approach to the field;

(2) evidence that existing doctoral programs in the state cannot accommodate additional students (or accessibility to these programs is restricted), or that expanding existing programs is not feasible or would not best serve the state;

(3) if appropriate to the discipline, the institution has self-sustaining baccalaureate- and master's-level programs in the field and/or programs in related and supporting areas;

(4) the program has the potential to obtain state or national prominence and the institution has the demonstrable capacity, or is uniquely suited, to offer the program and achieve that targeted prominence;

(5) demonstrated current excellence of the institution's existing undergraduate and graduate degree programs and how this excellence shall be maintained with the development and addition of a high quality doctoral program; measures of excellence include the number of graduates and graduation rates that match or exceed those at peer institutions;

(6) satisfactory placement rates for graduates of the institution's current doctoral programs, with comparison to peer group placement rates when available;

(7) how the program will address Closing The Gaps by 2015;

(8) institutional resources to develop and sustain a high-quality program; and

(9) where appropriate, a demonstration of plans for external accreditation, licensing, or other applicable professional recognition of the program.

(c) Review and Approval Process.

(1) As provided by Texas Education Code, §61.051(e), at least every four years the Board shall review the role and mission statements, the table of programs and all degree and certificate programs offered by each public senior university or health related institution. Requests for preliminary authority for new degree programs shall be presented as part of this review. The review shall include the participation of the institution's board of regents.

(2) The review process shall be determined by the Commissioner, but shall include a review of low-producing degree programs at the institution.

(3) The Board shall approve or re-approve the mission statement. Each institution shall be given an opportunity to be heard by the Board about these matters.

(4) Preliminary authority is not required if a degree program meets all of the following conditions:

(A) The program has institutional and Board of Regents approval.

(B) The program is a non-doctoral program.

(C) The program is a non-engineering program (i.e., not classified under CIP code 14).

(D) The program would be offered by a university or health-related institution.

(5) All other requests for preliminary authority shall be made using the standard preliminary authority request form and shall be approved or denied by the Commissioner.

(6) An institution may appeal decisions regarding preliminary authority to the Board at one of its quarterly meetings.

(7) Outside the normal review process described in paragraph (1) of this subsection, an institution may request of the Board an amendment to its authorized role and mission and/or preliminary authority for additional degree programs at any time the Commissioner determines that compelling circumstances warrant.

(8) After approval or re-approval, requests for new programs and administrative changes shall be considered in the context of the approved role and mission for the institution.

(9) The Commissioner may approve minor changes to the mission statement of an institution during the period between the reviews referenced in paragraph (1) of this subsection.

Comments

Source Note: The provisions of this §5.24 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective May 12, 2005, 30 TexReg 2661; amended to be effective November 22, 2005, 30 TexReg 7726; amended to be effective May 14, 2007, 32 TexReg 2639; amended to be effective August 26, 2009, 34 TexReg 5676

§5.25: Course Approvals at Public Universities

(a) Under the provisions of Texas Education Code, §61.052 (a) and (b), institutions shall report its course offerings and changes to its course offerings following procedures established by the Commissioner.

(b) Institutions may not offer courses at levels or in programs not approved by the Board,

(c) The Commissioner may order the deletion or consolidation of any courses so submitted after giving due notice with reasons for that action and after providing a hearing if one is requested by the governing board of the institution.

Comments

Source Note: The provisions of this §5.25 adopted to be effective May 28, 2003, 28 TexReg 4124

§5.26: Offering of Small Classes by Public Universities

In accordance with Texas Education Code, §51.403(d), public universities may offer organized small classes which:

(1) have been approved by the governing board of the university;

(2) is a required course for graduation (the course is not offered each semester or term, and, if canceled, may affect the date of graduation of those enrolled);

(3) is a required course for majors in this field and should be completed this semester (or term) to keep proper sequence in courses;

(4) is a course in a newly established degree program, concentration, or support area;

(5) is part of an interdepartmental (cross-listed) course taught as a single class by the same faculty at the same station, provided that the combined enrollments do not constitute a small class;

(6) is a first-time offering of the course;

(7) is class size-limited by accreditation or state licensing standards;

(8) is class size-limited by availability of laboratory or clinical facilities; or

(9) is voluntarily offered by a faculty member in excess of the institutional teaching load requirement and for which the faculty member receives no additional compensation.

Comments

Source Note: The provisions of this §5.26 adopted to be effective May 28, 2003, 28 TexReg 4124

Subchapter C

§5.41: Purpose

The purpose of this subchapter is to describe the criteria and approval processes for degree and certificate programs and for administrative changes involving academic units. Criteria in §5.45 of this title (relating to Criteria for New Baccalaureate and Master's Degree Programs) apply to selected public colleges.

Comments

Source Note: The provisions of this §5.41 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective November 28, 2007, 32 TexReg 8490

§5.42: Authority

Texas Education Code, §61.051(e) provides that no new department, school, degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Texas Education Code, §61.055 requires a written certification of adequate financing be made before the Board approves any new department, school, or degree or certificate program. Texas Education Code, §130.0012 applies to selected public colleges.

Comments

Source Note: The provisions of this §5.42 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective November 28, 2007, 32 TexReg 8490

§5.43: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Academic administrative unit--A department, college, school, or other unit at a university or health-related institution, which has administrative authority over degree or certificate programs.

(2) Administrative change request--A request that involves the creation of or changes to an academic administrative unit at a university or health-related institution.

(3) Board--The Texas Higher Education Coordinating Board.

(4) Commissioner--The Commissioner of Higher Education.

(5) Certificate Program--Any grouping of subject-matter courses which, when satisfactorily completed by a student, shall entitle him to a certificate or documentary evidence, other than a degree, of completion of a post-secondary course of study at a university or health-related institution.

(6) Degree program--Any grouping of subject matter courses which, when satisfactorily completed by a student, shall entitle him or her to a degree from a public university or health-related institution.

(7) Graduate-level certificate program--A certificate program at a university or health-related institution that consists primarily of graduate-level courses.

(8) Lower-division degree or certificate program--A degree or certificate program offered at a university or health-related institution that consists of lower-division courses and is equivalent to a program offered at a community or technical college.

(9) Selected Public Colleges--Those public colleges authorized to offer baccalaureate degrees in Texas.

(10) Upper-division certificate program--A certificate program at a university or health-related institution that consists primarily of upper-division undergraduate courses.

Comments

Source Note: The provisions of this §5.43 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective November 28, 2007, 32 TexReg 8490

§5.44: Presentation of Requests and Steps for Implementation

(a) Requests for new degree programs shall be made in accordance with the following procedures.

(1) Approval of new bachelor's and master's programs is automatic if all of the following conditions are met:

(A) The program has institutional and governing board approval.

(B) The institution certifies compliance with the Standards for New Bachelor's and Master's Programs.

(C) The institution certifies that adequate funds are available to cover the costs of the new program.

(D) New costs during the first five years of the program would not exceed $2 million.

(E) The program is a non-engineering program (i.e., not classified under CIP code 14).

(F) The program is not one which the institution previously offered and has been closed due to low productivity in the last 10 years.

(G) The program would be offered by a university or health-related institution.

(H) No objections to the proposed program are received by the Coordinating Board during the 30-day comment period.

(2) If a proposed bachelor's or master's program meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research to add the program. If a proposed program does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard degree program request form.

(3) The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. No new program shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate or degree program at any time to ensure compliance with the any of the criteria outlined in paragraph (1) of this subsection.

(4) An institution requesting a new doctoral program shall submit a proposal using the standard doctoral program request form. All requests for new doctoral programs require preliminary authority prior to the submission of a degree program request.

(b) Requests for new certificate programs shall be made in accordance with the following procedures.

(1) Approval of new undergraduate and graduate certificate programs is automatic if all of the following conditions are met:

(A) The certificate program has institutional and governing board approval.

(B) The institution certifies that adequate funds are available to cover the costs of the new certificate program.

(C) The certificate program meets all other criteria in §5.48 of this title (relating to Criteria for Certificate Programs at Universities and Health-Related Institutions).

(D) No objections to the proposed certificate program are received by the Coordinating Board during the 30-day comment period.

(2) If a proposed certificate program meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research. If a proposed certificate program does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard program request form.

(3) The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. No new certificate program shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate program at any time to ensure compliance with the any of the conditions outlined in paragraph (1) of this subsection.

(c) Requests for administrative changes shall be made in accordance with the following procedures. Administrative changes include the creation of new administrative units--such as colleges, schools, divisions, and departments--as well as changes to existing administrative units, such as a name change, consolidation of existing units, or movement of a program into another unit.

(1) Approval of an administrative change is automatic if all of the following conditions are met:

(A) The administrative change has institutional and governing board approval.

(B) The institution certifies that adequate funds are available to cover the costs of the administrative change.

(C) New costs during the first five years would not exceed $2 million.

(D) The administrative change meets all other criteria in §5.47 of this title (relating to Criteria for Administrative Change Requests).

(E) No objections to the proposed administrative change are received by the Coordinating Board during the 30-day comment period.

(2) If a proposed administrative change meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research to update the administrative structure of the institution. If a proposed administrative change does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard administrative change request form.

(3) The Coordinating Board shall post the proposed administrative structure online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's administrative unit structure accordingly. No new administrative unit shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit an administrative unit at any time to ensure compliance with the any of the conditions outlined in paragraph (1) of this subsection.

Comments

Source Note: The provisions of this §5.44 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective May 12, 2005, 30 TexReg 2662; amended to be effective August 26, 2009, 34 TexReg 5678; amended to be effective February 22, 2010, 35 TexReg 1454

§5.45: Criteria for New Baccalaureate and Master's Degree Programs

New baccalaureate and master's degree programs must meet all of the following criteria:

(1) Role and mission. The program must be within the existing role and mission of the institution as indicated by its table of programs or the Board must make the determination that the program is appropriate for the mission of the institution.

(2) Unnecessary duplication. The program must not unnecessarily duplicate a program at another institution serving the same regional population. The offering of basic liberal arts and sciences courses and degree programs in public senior institutions is not considered unnecessary duplication.

(3) Faculty resources.

(A) Faculty resources must be adequate to provide high program quality. With few exceptions, the master's degree should be the minimum educational attainment for faculty teaching in baccalaureate programs. In most disciplines, the doctorate should be the minimum educational attainment for faculty teaching in graduate programs. Faculty should meet the qualitative and quantitative criteria of the Southern Association of Colleges and Schools, and the appropriate accrediting body, if a professional program. There should be sufficient numbers of qualified faculty dedicated to a new program. This number shall vary depending on the discipline, the nature of the program, and the anticipated number of students.

(B) In evaluating faculty resources for proposed degree programs, the Board shall consider only those degrees held by faculty that were issued by:

(i) United States institutions accredited by accrediting agencies recognized by the Board or,

(ii) institutions located outside the United States that have demonstrated that their degrees are equivalent to degrees issued from an institution in the United States accredited by accrediting agencies recognized by the Board. The procedures for establishing that equivalency shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials, or its successor.

(4) Library and IT resources. Library and information technology resources must be adequate for the program and meet the standards of the appropriate accrediting agencies.

(5) Facilities, equipment, and clinical placements. Facilities and clinical placements must be adequate to initiate the program. Adequate classroom and laboratory space, equipment, and office space should be available for the proposed program. Arrangements for any essential clinical placements should be made before program approval.

(6) Curriculum design. The curriculum should be up-to-date and consistent with current educational theory. Professional programs and those resulting in licensure must be designed to meet the standards of appropriate regulatory bodies.

(7) Program administration. Administration of the program should not be unduly cumbersome or costly. Ideally, the program should fit into the current administrative structure of the institution. If administrative changes are required, they should be consonant with the organization of the institution as a whole and should necessitate a minimum of additional expense in terms of personnel and office space.

(8) Workforce need. There should be a demonstrated or well-documented need for the program in terms of meeting present and future workforce needs of the state and nation. There should be a ready job market for graduates of the program, or alternatively, it should produce students for master's or doctoral-level programs in fields in which there is a demonstrated need for professionals.

(9) Critical mass of students. In addition to a demonstrated workforce need, a critical mass of qualified students must be available to enter the program and there must be evidence that the program is likely to have sufficient enrollments to support the program into the future. The size of an institution, the characteristics of its existing student body, and enrollments in existing programs should be taken into account when determining whether a critical mass of students shall be available for a proposed new program.

(10) Adequate financing. There should be adequate financing available to initiate the program without reducing funds for existing programs or weakening them in any way. After the start-up period, the program must be able to generate sufficient semester credit hours under funding formulas to pay faculty salaries, departmental operating costs, and instructional administration costs for the program. Three years should be sufficient time for the program to meet these costs through semester credit hour production. If the state funding formulas are not meeting these costs for the program after three years, the institution and the Board should review the program with a view to discontinuance.

Comments

Source Note: The provisions of this §5.45 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective February 22, 2005, 30 TexReg 835

§5.46: Criteria for New Doctoral Programs

New doctoral programs must meet all of the following criteria:

(1) Design of the Program. A doctoral-level program is designed to prepare a graduate student for a lifetime of teaching creative activity, research, or other professional activity. The administration and the faculty of institutions initiating doctoral-level programs should exhibit an understanding and commitment to the long tradition of excellence associated with the awarding of the traditional doctorate degrees and of the various doctoral-level professional degrees.

(2) Freedom of Inquiry and Expression. Doctoral programs must be characterized by complete freedom of inquiry and expression.

(3) Strong Programs at the Undergraduate and Master's Levels. Doctoral programs, in most instances, should be undergirded by strong programs in a wide number of disciplines at the undergraduate and master's levels. Quality programs in other related and supporting doctoral areas must also be available.

(4) Need for the Program. There should be a demonstrated and well-documented need for doctorally prepared professionals in the discipline of the proposed program both in Texas and in the nation. It is the responsibility of the institution requesting a doctoral program to demonstrate that such a need exists, preferably through an analysis of national data showing the number of PhD's being produced annually in the area and comparing that to the numbers of professional job openings for PhD's in the discipline in question as indicated by sources such as the main professional journal(s) of the discipline.

(5) Faculty Resources.

(A) There must be a strong core of doctoral faculty, at least four or five, holding the doctor of philosophy degree or its equivalent from a variety of graduate schools of recognized reputation. Professors and associate professors must be mature persons who have achieved national or regional professional recognition. All core faculty must be currently engaged in productive research, and preferably have published the results of such research in the main professional journals of their discipline. They should come from a variety of academic backgrounds and have complementary areas of specialization within their field. Some should have experience directing doctoral dissertations. Collectively, the core of doctoral faculty should guarantee a high quality doctoral program with the potential to attain national prominence. The core faculty members should already be in the employ of the institution. Proposed recruitment of such faculty shall not meet this criterion. No authorized doctoral program shall be initiated until qualified faculty are active members of the department through which the program is offered.

(B) In evaluating faculty resources for proposed degree programs, the Board shall consider only those degrees held by the faculty that were issued by:

(i) United States institutions accredited by accrediting agencies recognized by the Board or,

(ii) institutions located outside the United States that have demonstrated that their degrees are equivalent to degrees issued from an institution in the United States accredited by accrediting agencies recognized by the Board. The procedures for establishing that equivalency shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials, or its successor.

(6) Teaching Loads of Faculty. Teaching loads of faculty in the doctoral program should not exceed two or three courses per term, and it must be recognized that some of these shall be advanced courses and seminars with low enrollments. Adequate funds should be available for attendance and participation in professional meetings and for travel and research necessary for continuing professional development.

(7) Critical Mass of Superior Students. Admission standards and enrollment expectations must guarantee a critical mass of superior students. The program must not result in such a high ratio of doctoral students to faculty as to make individual guidance prohibitive.

(8) On-Campus Residency Expectations.

(A) Institutions which offer doctoral degrees must provide through each doctoral program:

(i) significant, sustained, and regular interaction between faculty and students and among students themselves;

(ii) opportunities to access and engage in depth a wide variety of educational resources related to the degree program and associated fields;

(iii) opportunities for significant exchange of knowledge with the academic community;

(iv) opportunities to broaden educational and cultural perspectives; and

(v) opportunities to mentor and evaluate students in depth.

(B) Institutions are traditionally expected to meet these provisions through substantial on-campus residency requirements. Proposals to meet them in other, non-traditional ways (e.g., to enable distant delivery of a doctoral program) must provide persuasive and thorough documentation as to how each provision would be met and evaluated for the particular program and its students. Delivery of doctoral programs through distance education and/or off-campus instruction requires prior approval of the Board as specified in §4.104(c)(3) of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities).

(9) Adequate Financial Assistance for Doctoral Students. There should be adequate financial assistance for doctoral students so as to assure that most of them can be engaged in full-time study. Initially, funds for financial assistance to the doctoral students usually must come from institutional sources. As the program develops and achieves distinction, it increasingly shall attract support from government, industry, foundations, and other sources.

(10) Carefully Planned Program of Study. There should be a carefully planned and systematic program of study and a degree plan which is clear, comprehensive, and generally uniform but which permits sufficient flexibility to meet the legitimate professional interests and special needs of doctoral-level degree candidates. There should be a logical sequence of stages by which degree requirements shall be fulfilled. The plan should require both specialization and breadth of education, with rules for the distribution of study to achieve both, including interdisciplinary programs if indicated. The plan should include a research dissertation or equivalent requirements to be judged by the doctoral faculty on the basis of quality rather than length.

(11) Physical Facilities. There should be an adequate physical plant for the program. An adequate plant would include reasonably located office space for the faculty, teaching assistants, and administrative and technical support staff; seminar rooms; laboratories, computer and electronic resources; and other appropriate facilities.

(12) Library Resources. There should be an adequate library for the proposed program. Library resources should be strong not only in the doctoral program field but also in related and supporting fields.

(13) Program Evaluation Standards. Proposed programs should meet the standards of the Southern Association of Colleges and Schools, and the accrediting standards and doctoral program criteria of appropriate professional groups and organizations, such as the Council of Graduate Schools in the United States, the Modern Language Association, the American Historical Association, the Accreditation Board for Engineering and Technology or other bodies relevant to the particular discipline. Out-of-state consultants may be used by the institution or the Board to assist in evaluating the quality of a proposed doctoral level program.

(14) First Doctoral Program. When an institution has not previously offered doctoral level work, notification to the executive secretary of the Commission on Colleges, Southern Association of Colleges and Schools, is required at least one year in advance of program implementation.

Comments

Source Note: The provisions of this §5.46 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective February 22, 2005, 30 TexReg 835

§5.47: Criteria for Administrative Change Requests

(a) The administrative overhead of universities and health-related institutions should be kept low to insure that most of the funds appropriated for higher education go toward the costs of instruction.

(b) The administrative costs of new academic units, particularly colleges and schools, should not be so high as to detract from the quality of the programs the administrative unit contains.

Comments

Source Note: The provisions of this §5.47 adopted to be effective May 28, 2003, 28 TexReg 4125

§5.48: Criteria for Certificate Programs at Universities and Health-Related Institutions

(a) Universities and health-related institutions are encouraged to develop upper-division and graduate certificate programs of less than degree length to meet the needs of students and the workforce. These rules are intended to provide a streamlined process for approval of those programs.

(b) Certificate programs for which no academic credit is granted are exempt from the provisions of this section.

(c) Certificate programs for which academic credit is granted at universities and health-related institutions must meet the following criteria:

(1) They must meet identified workforce needs or provide the student with skills and/or knowledge that shall be useful for their lives or careers.

(2) They must be consistent with the standards of the Commission on Colleges of the Southern Association of Colleges and Schools.

(3) They must meet the standards of all relevant state agencies or licensing bodies which have oversight over the certificate program or graduate.

(4) Adequate financing must be available to cover all new costs to the institution five years after the implementation of the program.

(d) The following certificate programs do not require Board approval:

(1) certificate programs for which no collegiate academic credit is given,

(2) certificate programs in areas and at levels authorized by the table of programs of the institution with curricula of the following length:

(A) at the undergraduate level of 20 semester credit hours or less,

(B) at the graduate and professional level of 15 semester credit hours or less.

(e) The following certificate programs require only Board notification and are automatically approved, subject to review:

(1) upper-level undergraduate certificates of 21-36 hours in disciplinary areas where the institution already offers an undergraduate degree program.

(2) graduate-level and professional certificates of 16 - 29 hours in disciplinary areas where the institution already offers a graduate program at the same level as the certificate.

(f) Lower-division certificate programs.

(1) One and two-year, post-secondary career technical/workforce education programs should be delivered primarily by community, state, and technical colleges. These institutions are uniquely suited by virtue of their specialized mission, local governance, and student support services to provide such opportunities in an efficient and economical manner. For that reason, new lower-division career technical/workforce certificate programs shall not generally be approved at public universities and health-related institutions.

(2) Universities and health-related institutions should not develop certificate programs at the upper or graduate level that are equivalent to lower-division certificate programs offered at community, state, and technical colleges.

Comments

Source Note: The provisions of this §5.48 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective December 3, 2009, 34 TexReg 8512

§5.49: Certification of Adequacy of Financing for New Academic Programs and Administrative Changes

(a) Under Texas Education Code, §61.055, each request submitted to the Board for a new department, school, degree or certificate program or administrative change shall be accompanied by a statement regarding the adequacy of funding from the chief executive officer of the requesting institution.

(b) When submitting documentation of costs and sources of funds, sources of funds shall be identified on forms provided by the Division of Universities and Health-Related Institutions as:

(1) Specific legislative appropriations, where such appropriations can be clearly identified as being appropriated to start a new program for which funds from other sources are not available;

(2) Funds allocated by the Board;

(3) Re-allocated funds (funds appropriated by the Legislature for an existing academic program but which are now declared by the institution to be available for the new degree program).

(4) Other funds provided by the Legislature;

(5) Anticipated formula funding to be generated by anticipated new enrollments in the program; and/or

(6) Funds from other sources (e.g., gifts, grants, etc.). The specific source of such funds shall be identified, the reasons for their availability shall be stated, and the length of time such funds shall be available shall be indicated.

(c) The request for a new department, school, degree or certificate program, or administrative change shall also include a statement by the chief executive officer of the requesting institution certifying that the requested program or change shall not reduce the effectiveness or quality of existing programs, departments or schools.

Comments

Source Note: The provisions of this §5.49 adopted to be effective May 28, 2003, 28 TexReg 4125

§5.50: Approvals by the Commissioner

(a) The Commissioner may approve proposals from the public universities and health-related institutions for new baccalaureate or master's degree programs and academic administrative change requests, and, in very limited circumstances, new doctoral programs, on behalf of the Board in accordance with the procedures and criteria specified in this section.

(b) To be approved by the Commissioner, a proposal for a new degree program must include certification in writing from the Board of Regents of a proposing institution, in a form prescribed by the Commissioner, that the following criteria have been met:

(1) The proposed degree program is within the Table of Programs previously approved by the Board for the requesting institution.

(2) The curriculum, faculty, resources, support services, and other components of a proposed degree program are comparable to those of high quality programs in the same or similar disciplines offered by other institutions.

(3) Clinical or in-service placements, if applicable, have been identified in sufficient number and breadth to support the proposed program.

(4) The program is designed to be consistent with the standards of the Commission on Colleges of the Southern Association of Colleges and Schools, and with the standards of other applicable accrediting agencies; and is in compliance with appropriate licensing authority requirements.

(5) The institution has provided credible evidence of long-term student interest and job-market needs for graduates; or, if proposed by a university, the program is appropriate for the development of a well-rounded array of basic baccalaureate degree programs at the institution where the principal faculty and other resources are already in place to support other approved programs and/or the general core curriculum requirements for all undergraduate students.

(6) The program would not be unnecessarily duplicative of existing programs at other institutions.

(7) Implementation and operation of the program would not be dependent on future Special Item funding.

(8) New costs to the institution over the first five years after implementation of the program would not exceed $2,000,000.

(c) In addition to the requirements listed in subsection (a) and (b) of this section, a new doctoral program may only be approved by the Commissioner if:

(1) the institution already offers a doctoral program or programs in a closely related disciplinary area,

(2) those existing doctoral programs are productive and offered at a high level of quality,

(3) the core faculty for the proposed program are already active and productive faculty in an existing doctoral program at the institution,

(4) no other university or health-related institution objects to the program during the 30-day comment period during which the request is posted on the web, and

(5) there is a very strong link between the program and workforce needs or the economic development of the state.

(d) A proposal for a new degree program or administrative change must include a statement from the institution's chief executive officer certifying adequate financing and explaining the sources of funding to support the first five years of operation of the program or administrative change.

(e) If a proposal meets the criteria specified in this section, the Commissioner may either approve it or forward it to the Board for consideration at an appropriate quarterly meeting.

(f) If a proposal does not meet the criteria specified in this section, the Commissioner may deny approval or forward it to the Board for consideration at an appropriate quarterly meeting. Institutions may appeal the decision to deny approval to the Board.

(g) If a proposed program is the subject of an unresolved grievance or dispute between institutions, the Commissioner must forward it to the Board for consideration at an appropriate quarterly meeting.

(h) At the beginning of each month, the Commissioner shall make available to the public universities, health-related institutions, community/technical colleges, and Independent Colleges of Texas, Inc. a list of all pending proposals for new degree programs and administrative changes. If an institution wishes to provide the Commissioner information supporting a concern it has about the approval of a pending proposal for a new degree program at another institution, it must do so within one month of the initial listing of the proposal, and it must also forward the information to the proposing institution.

(i) The authority given to the Commissioner to approve proposals from public universities and health-related institutions for new degree programs (and other related duties given under this section) may be delegated by the Commissioner to the Assistant Commissioner for Academic Affairs and Research.

(j) Each quarter, the Commissioner shall send a list of his approvals and disapprovals under this section to Board members. A list of the approvals and disapprovals shall also be attached to the minutes of the next quarterly Board meeting.

Comments

Source Note: The provisions of this §5.50 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective May 12, 2005, 30 TexReg 2662

§5.51: Publishing of Doctoral Program Data

Each public university and health-related institution with one or more doctoral programs on its program inventory shall collect and publish information on its website regarding the "18 Characteristics of Doctoral Education" as approved by the Board, on a schedule determined by the Commissioner. Each institution must develop and implement a plan for using the 18 Characteristics for ongoing evaluation and quality improvement of each doctoral program.

Comments

Source Note: The provisions of this §5.51 adopted to be effective March 2, 2009, 34 TexReg 1421

§5.52: Assessment of Existing Degree Programs

(a) In accordance with the requirements of the Southern Association of Colleges and Schools, each public institution of higher education shall have a process to assess the quality and effectiveness of existing degree programs and for continuous improvement.

(b) The Coordinating Board staff shall develop a process for conducting a periodic audit of the quality, productivity, and effectiveness of existing bachelor's and master's programs at public institutions of higher education.

Comments

Source Note: The provisions of this §5.52 adopted to be effective August 26, 2009, 34 TexReg 5678

Subchapter D

§5.71: Purpose

The provisions of this subchapter define off-campus educational units, establish criteria and procedures applicable to the classification, authorization, operation, and reclassification of these units and establish the supply/demand pathway as a developmental approach to providing access which allows for the gradual increase of resources as demand grows. The provisions of this subchapter are applicable to all units of public senior colleges, universities and health-related institutions which offer instruction for credit but are geographically separate from their institutions' main campuses.

Comments

Source Note: The provisions of this §5.71 adopted to be effective May 28, 2003, 28 TexReg 4126

§5.72: Authority

The authority for this subchapter is Texas Education Code, §61.051(j).

Comments

Source Note: The provisions of this §5.72 adopted to be effective May 28, 2003, 28 TexReg 4126

§5.73: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Branch campus--A major, secondary location of an institution offering multiple programs, usually with its own administrative structure and usually headed by a Dean. A branch campus must be established by the Legislature or approved by the Coordinating Board.

(3) Commissioner--The Commissioner of Higher Education.

(4) FICE--Identification number assigned to each institution by the Federal Interagency Committee on Education for reporting and other purposes.

(5) FTSE--The full-time student equivalent is determined by dividing the number of semester credit hours (SCH) generated at each level by a full-time standard for the level. For example: undergraduate SCH are divided by 15 (fall or spring semester) or 30 (annual); master's or first-professional SCH are divided by 12 (fall or spring semester) or 24 (annual); and doctoral SCH are divided by 9 (fall or spring semester) or 18 (annual).

(6) Higher education center--A Multi-Institutional Teaching Center, University System Center, or single institution center established by the Legislature or approved by the Coordinating Board for the specific purpose of offering academic credit courses and programs from the parent institution(s). Higher education centers are of a larger size and offer a broader array of courses and programs than higher education teaching sites. They have minimal administration and (usually) locally provided facilities.

(7) Higher education teaching site--An off-campus teaching location that promotes access in an area not served by other public universities. Teaching sites offer a very limited array of courses and/or programs and do not entail a permanent commitment for continued service. Teaching sites may not own facilities, nor are they eligible for state support to acquire or build facilities. Teaching sites do not require Board approval or recognition.

(8) Multi-Institution Teaching Center (MITC)--A higher education center administered under a formal agreement between two or more public higher education institutions. It may also involve one or more private institutions. It has minimal administration and locally provided facilities.

(9) Off-campus educational unit--A subdivision under the management and control of an existing public university, university system, health-related institution or a combination of these units, hereinafter referred to as the parent institution(s), in a geographic setting separate from the parent institution(s). Off-campus education units include teaching sites, higher education centers, university system centers, Multi-Institutional Teaching Centers, regional academic health centers, branch campuses, and all other off-campus educational endeavors.

(10) Parent institution--The general academic institution or health-related institution that offers its courses, programs or training at an off-campus educational unit. Credit hours are reported by the parent institution and degrees are awarded in the name of the parent institution.

(11) Pathway Education Center (PEC)--A higher education center that is on the Supply/Demand Pathway.

(12) Recognized higher education teaching site--A higher education teaching site that is recognized by the Coordinating Board and is included in the Coordinating Board's inventory of statewide teaching sites.

(13) Regional Academic Health Center (RAHC)--A special purpose campus of parent health-related institution(s) that may be used to provide undergraduate clinical education, graduate education, including residency training programs, or other levels of medical education in specifically identified counties.

(14) Special Purpose Campus--A major, secondary location of an institution offering programs related to specific and limited field(s) of study, usually with its own administrative structure and usually headed by a Dean. Regional Academic Health Centers are considered special-purpose campuses. Special Purpose Campuses must be established by the Legislature or approved by the Coordinating Board.

(15) Supply/Demand Pathway (SDP)--The Supply/Demand Pathway is a developmental approach to providing access which allows for the gradual increase of resources as demand grows, operating under the principle of avoiding over-commitment as well as under-commitment of state resources.

(16) Texas CIP Classification System--The Texas adaptation of the Classification of Instructional Programs taxonomy developed by the National Center for Education Statistics. The CIP system is used to classify instructional programs and report educational data.

(17) University System Center (USC)--A higher education center administered by a university system or individual institution in a system. It has minimal administration and locally provided facilities.

Comments

Source Note: The provisions of this §5.73 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective August 11, 2004, 29 TexReg 7671

§5.76: General Principles for Off-Campus Educational Units

(a) An off-campus educational unit is not a separate general academic institution and therefore is not independent as regards academic, administrative, and fiscal matters, but has varying degrees of dependence upon the parent institution in such matters.

(b) The general purpose of off-campus educational units of all sizes is to meet the education needs of the people of Texas with a level of service that is appropriate for the area and cost effective to offer. Their specific purpose is directly related to the teaching of courses for academic credit from the parent institution(s) and/or for health professions' medical training.

(c) Off-campus educational units are not intended to duplicate the full array and types of offerings available at regular general academic campuses. The intent is to:

(1) Focus on teaching and on delivery of high demand courses and programs. Research conducted at off-campus educational units should be limited to that necessary for the courses and programs offered.

(2) Develop articulation agreements with community colleges in the area for provision of lower-division courses. In general, off-campus educational units are not intended to offer lower-division courses. Lower-division courses can only be offered in accordance with Chapter 4.101-4.108 of this title, relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities, and related Board procedures.

(3) Make extensive use of technology to limit the number of faculty required for the location and take full advantage of technological advances that promise to improve quality of learning, access to programs, and efficient use of existing resources. An off-campus educational unit shall meet the Board's technology standards.

(4) Libraries shall be models of the effective use of technology in libraries and depend heavily on the TexShare electronic resource sharing efforts.

(d) Degree programs offered at off-campus educational units must be offered by and in the name of the parent institution(s).

(1) No program may be offered at an off-campus educational unit that does not have prior approval to be offered at the parent institution, except under unusual and approved circumstances.

(2) The Board must be notified of programs offered at off-campus educational units. The Board shall maintain a list of these degree programs and make that list readily available to the public. The Board reserves the right to order the discontinuance of programs offered at off-campus educational units in accordance with standard Board policies and procedures.

(3) The parent institution must commit to providing a program long enough for a student to have a reasonable opportunity to graduate before the resource is withdrawn or to make other reasonable arrangements for students to complete programs that they have started.

(e) Off-campus educational units shall adhere to quality and approval criteria regarding courses, programs, student services and other academic matters contained in §§4.101-4.108 of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities) and in the (Notification and Approval Procedures for Distance Education and Off-Campus Programs and Courses and Guidelines for Institutional Plans for Distance Education and Off-Campus Instruction located in Board policies).

(f) Off-campus educational units shall use locally provided facilities, where possible. Except where specifically authorized by the Legislature or the Board, nothing in these sections is to be interpreted as permitting the acquisition by gift or purchase of real property for the purpose of establishing or operating an off-campus educational unit. The facilities of off-campus educational units shall comply with Chapter 17 of this title, relating to Campus Planning.

(g) The following faculty-related provisions apply to all off-campus educational units:

(1) The majority of faculty members at an off-campus educational unit must, by some means, have significant involvement with the parent institution.

(2) Faculty must comply with the provision of §§4.101-4.108 of this title and related Board policies.

(3) Faculty must be hired and evaluated by the same processes and with the same criteria as faculty performing similar duties at the parent institution.

(4) The parent institution should not make a permanent commitment to faculty exclusively working at a teaching site or center, unless the faculty will be transferred to the parent institution should their program be eliminated or consolidated.

(5) Programs offered by an off-campus educational unit's own faculty should have enrollments sufficient to support efficient operations.

(h) An off-campus educational unit is financially dependent upon its parent institution(s) and supported within the budget of the institution(s). It is not eligible to request separate legislative funding. Institutions should not overcommit resources to a geographic area before a sufficient and sustained level of demand is achieved. Formula generated funds earned at an off-campus educational unit are expected to be applied to financing its operation.

(i) The Commissioner shall establish policies concerning how a location receives designation as a specific type of off-campus educational unit and how to expand educational activities.

(j) Courses offered at off-campus educational units must be reported separately and accurately in required Board reports. Semester credit hours completed at the unit must be reported appropriately by the parent institution(s) and shall be funded as determined by the Legislature.

(k) An off-campus educational unit shall be headed by an appropriate administrator whose title does not suggest that the unit is an independent institution. The number of local administrators and faculty shall be less than that at a free standing general academic institution of comparable size. Additional administrative and academic program support shall be provided by the parent institution(s) and the system(s).

(l) A higher education center's name must be approved by the Board, and may not be changed without prior Board approval. Recognition of a higher education center may be withdrawn by the Board.

Comments

Source Note: The provisions of this §5.76 adopted to be effective May 28, 2003, 28 TexReg 4126

§5.78: Supply/Demand Pathway

(a) The Board has developed the Supply/Demand Pathway as a particular way to address anticipated large-scale enrollment demand in a specified region. The Supply/Demand Pathway shall be used as the model to address higher education needs in areas without ready geographic access to existing public higher education institutions. The general principles set forth in §5.76 of this title (relating to General Principals for Off-Campus Educational Units) are even more significant in regard to the larger scale efforts designated as Supply/Demand Pathway initiatives.

(b) An off-campus educational unit is on the "Pathway" when it is awarded that designation by the Board.

(c) The supply/demand pathway consists of three categories:

(1) Category A. Institutions temporarily test the market both in terms of demand and staying power by providing off-campus courses and/or programs by one or more institutions. Should demand decrease or not materialize, courses and programs can be discontinued and resources moved to areas of greater demand.

(2) Category B. As demand increases, offerings may be organized through a multi-institution teaching center or as a university system center as a Pathway Education Center. A group of institutions may request that the Board authorize the establishment of a MITC. Alternatively, a university system may request that the Board authorize the establishment of a university system center. In either case, a lead institution shall be designated to provide leadership for the center and facilitate the provision of programs and resources from other institutions.

(3) Category C. After an entity in Category B has attained a full-time equivalent upper-level and graduate enrollment of 3,500 for one fall semester, the parent institution(s) and Board(s) of Regents may request that the Board review the status of the center and recommend that the Legislature reclassify the unit as an upper-level general academic institution--a university. The 3,500 FTSE standard approximates the headcount enrollment included in the current university funding formula as the minimum size needed to achieve economies of scale.

(d) Counting. The following general criteria and standards will be used to determine enrollments applicable to the Supply/Demand Pathway thresholds.

(1) Upper-division and graduate semester credit hours generated in academic courses delivered by the parent universities or by other institutions to on-site students at a Pathway Education Center (PEC) shall be counted towards the relevant Supply/Demand Pathway (SDP) threshold.

(2) Upper-division and graduate semester credit hours generated in academic courses delivered electronically to students on-site at a Pathway Education Center shall be counted towards the SDP threshold. For interactive video courses that originate at a PEC, only students taking the course at the PEC shall be counted.

(3) Upper-division and graduate semester credit hours generated in academic Internet-based courses and other courses offered in non-traditional formats that do not require the physical presence of the student at a PEC for a normal number of contact hours shall not be counted.

(4) Lower-division semester credit hours generated in academic courses offered at PECs shall not be counted towards the thresholds except when:

(A) the courses are required at the lower-division level for degree programs offered at the PEC,

(B) the courses are not offered by community colleges in the vicinity of the Center,

(C) the courses have been reviewed by Higher Education Regional Councils as described in Chapter 4.107(b) of this title, relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities, and related Board procedures, and

(D) the Coordinating Board has granted permission to teach the courses at the PEC.

(5) Enrollments in extension courses, continuing education and non-formula funded courses shall not be counted towards the thresholds.

(6) Semester credit hours generated in courses that do not receive formula funding (e.g., military science, theology and religious vocations, some basic skills, personal awareness) shall not be counted toward the thresholds.

Comments

Source Note: The provisions of this §5.78 adopted to be effective May 28, 2003, 28 TexReg 4126; amended to be effective August 11, 2004, 29 TexReg 7671; amended to be effective August 26, 2009, 34 TexReg 5678

Subchapter E

§5.91: Purpose

The purpose of this subchapter is to set forth requirements for implementation of summer residential Texas Governor's Schools for high achieving high school students.

Comments

Source Note: The provisions of this §5.91 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.92: Authority

Texas Education Code, §61.07621 authorizes the Coordinating Board to adopt rules to administer Texas Governor's Schools.

Comments

Source Note: The provisions of this §5.92 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.93: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Regional Education Service Centers--The public education centers whose duties are set forth in Texas Education Code, §§8.001 - 8.007.

(4) Eligible Institution--A Texas public senior college or university as defined in Texas Education Code, §61.003;

(5) Eligible Student--High-achieving high school students who are residents of Texas and can demonstrate intellectual curiosity about and a commitment to a rigorous and challenging academic program in the area(s) of a program offered by an eligible institution selected as a Texas Governor's School.

(6) Rising 11th or 12th Grade Students--Students who in a given academic year will complete the 10th or 11th grade and be promoted to the 11th or 12th grade, respectively, in the following academic year.

Comments

Source Note: The provisions of this §5.93 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.94: Institutional and Student Eligibility

(a) An eligible institution or institutions shall be selected to be a Texas Governor's School under procedures outlined by the Commissioner and set forth in a Request for Proposals or other competitive process soliciting proposals for Texas Governor's Schools.

(b) An approved Texas Governor's School must offer a summer residential program to eligible students that, at a minimum,

(1) has a duration of at least three weeks;

(2) includes an educational curricula in the area(s) of

(A) mathematics and science;

(B) humanities;

(C) fine arts; and/or

(D) leadership and public policy.

(c) Eligible students shall be selected based upon criteria outlined by the Commissioner and in accordance with Texas Education Code, §61.07621. Selected students shall reflect the same percentage of rising 11th and/or rising 12th grade students as are attending public high schools in each of the 20 regional education service centers.

Comments

Source Note: The provisions of this §5.94 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.95: Award of Credit

(a) An approved Texas Governor's School may offer college credit courses as part of its program according to guidelines established by the Commissioner and set forth in a Request for Proposals or other competitive process soliciting proposals for Texas Governor's Schools.

(b) An approved Texas Governor's School may not award high school credit.

(c) The home high school of a participating student in an approved Texas Governor's School may award high school credit to a student who successfully completes a Texas Governor's School course only through compliance with §74.26(a)(2) of this title (relating to Award of Credit).

Comments

Source Note: The provisions of this §5.95 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.96: Funding

(a) The amount and use of funding awarded to each approved Texas Governor's School shall be determined by the Commissioner.

(b) The funds shall be distributed to each approved Texas Governor's School in a manner and time to be prescribed by the Commissioner.

Comments

Source Note: The provisions of this §5.96 adopted to be effective November 27, 2007, 32 TexReg 8491

Subchapter F

§5.111: Purpose

The purpose of this subchapter is to set forth requirements for implementation of mathematics, science, and technology teacher preparation academies.

Comments

Source Note: The provisions of this §5.111 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.112: Authority

Texas Education Code, §21.462 authorizes the Coordinating Board to adopt rules to establish mathematics, science, and technology teacher preparation academies at institutions of higher education that have a State Board for Educator Certification approved teacher preparation program or are affiliated with a program approved by the Board.

Comments

Source Note: The provisions of this §5.112 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.113: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Eligible Institution or Institution--A Texas institution of higher education as defined in Texas Education Code, §61.003, that either the State Board for Educator Certification approved teacher preparation program, or is affiliated with a teacher preparation program approved by the Coordinating Board.

(4) Eligible Teacher--An experienced teacher that meets the requirements set forth under Texas Education Code, §21.462 (d), and meets other requirements determined by the Commissioner.

(5) State Board for Educator Certification or SBEC--The entity with authority to oversee all aspects of the preparation, certification, and standards of conduct of Texas public school educators.

(6) Mathematics, Science, and Technology Teacher Preparation Academy or Academy--A program approved by the Coordinating Board to be offered at select institutions of higher education to improve the instructional skills of teachers certified under Texas Education Code, Chapter 21, Subchapter B, and train students enrolled in teacher preparation programs to perform at the highest levels in mathematics, science, and technology.

Comments

Source Note: The provisions of this §5.113 adopted to be effective November 27, 2007, 32 TexReg 8491

§5.114: Institutional Eligibility

Under a competitive process and in accordance with Board procedures outlined under §1.16 of this title (relating to Contracts for Materials and Services), an eligible institution or institutions shall be selected to establish an Academy or Academies under procedures outlined by the Commissioner and in accordance with Texas Education Code, §21.462.

Comments

Source Note: The provisions of this §5.114 adopted to be effective November 27, 2007, 32 TexReg 8491; amended to be effective November 18, 2008, 33 TexReg 9229

§5.115: Funding

(a) The amount and use of funding awarded to each institution to offer an Academy or Academies shall be determined by the Commissioner in accordance with Board procedures outlined under §1.16 of this title (relating to Contracts for Materials and Services).

(b) The funds shall be distributed to each institution to offer an Academy or Academies in a manner and time to be prescribed by the Commissioner.

Comments

Source Note: The provisions of this §5.115 adopted to be effective November 27, 2007, 32 TexReg 8491; amended to be effective November 18, 2008, 33 TexReg 9229

Subchapter G

§5.120: Purpose and Authority

(a) The purpose of this subchapter is to require each institution of higher education designated as a research university or emerging research university as designated in the Board's accountability system to have a long-term strategic plan for achieving recognition as a research university or enhancing the institution's reputation as a research university.

(b) This rule is adopted under the authority of Texas Education Code §51.358.

Comments

Source Note: The provisions of this §5.120 adopted to be effective December 3, 2009, 34 TexReg 8512

§5.121: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner of Higher Education or Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.

(3) Strategic Plan--A document to be prepared by the institution which provides a detailed, long-term plan to show how the institution will achieve or enhance its recognition as a research university. The form, length, manner, standards, and minimum required content for the report will be prescribed by the Board.

(4) Research University--A public institution of higher education designated as a research university under the Board's accountability system.

(5) Emerging Research Universities--A public institution of higher education designated as an emerging research university under the Board's accountability system.

(6) Governing board--The Board of Regents of a research or emerging research university.

(7) Statutory four-year review--The periodic review of the role and mission statements, the table of programs, and all degree and certificate programs offered by the public institutions of higher education, as described in the Texas Education Code §61.051(e).

Comments

Source Note: The provisions of this §5.121 adopted to be effective December 3, 2009, 34 TexReg 8512

§5.122: Submission of a Strategic Plan for Achieving Recognition as a Research University

The governing board of each research or emerging research university shall submit the strategic plan to the Coordinating Board by April 1, 2010, and subsequent updated reports will be due one year after each institution's statutory four-year review.

Comments

Source Note: The provisions of this §5.122 adopted to be effective December 3, 2009, 34 TexReg 8512

Subchapter H

§5.130: Purpose

This subchapter provides guidance to all general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities according to the institutional groupings under the Board's higher education accountability system regarding application for the University Funding for Excellence in Specific Programs and Fields Incentive Grants and Awards Program.

Comments

Source Note: The provisions of this §5.130 adopted to be effective December 3, 2009, 34 TexReg 8512

§5.131: Authority

Authority for these provisions is provided by Texas Education Code, §61.0596(a), which provides the Board with the authority to administer this program.

Comments

Source Note: The provisions of this §5.131 adopted to be effective December 3, 2009, 34 TexReg 8512

§5.132: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Benchmark(s)--Point(s) of reference that designate movement towards the achievement of national recognition developed for each designated program by an external, out-of-state consultant and approved by the Board.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Commissioner of Higher Education or Commissioner--The Agency acting through its executive, and his other designees, staff, or agents.

(4) Designated program or designated degree program--The degree program designated by an institution and approved by the Board for consideration of benchmark awards under the grant program described in this subchapter.

(5) Emerging research university--A public institution of higher education designated as an emerging research university under the Board's accountability system.

(6) Endowed faculty position--A person who is employed full-time by an institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration and holds a professorship paid for with the revenue from an endowment fund specifically set up for that purpose. The term does not include a person holding faculty rank who spends a majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate or assistant provost, or dean.

(7) Field(s) of study--A set of courses that leads to a baccalaureate, master's or doctoral degree. Within the context of this subchapter, field(s) of study is synonymous with degree program(s).

(8) General academic teaching institution--A public institution of higher education as designated by Texas Education Code, §61.003(3).

(9) Highest national ranking or recognition--A program that is determined to be of national excellence based upon review by out-of-state consultants with relevant expertise in the field.

(10) Medical and/or dental unit--A public institution of higher education as designated by Texas Education Code, §61.003(5).

(11) Programs--Designated program or designated degree program as defined in this section.

(12) Public state college--A public institution of higher education as designated by Texas Education Code, §61.003(16).

(13) Research university--A public institution of higher education designated as a research university under the Board's accountability system.

Comments

Source Note: The provisions of this §5.132 adopted to be effective December 3, 2009, 34 TexReg 8512

§5.133: University Funding for Excellence in Specific Programs and Fields Incentive Benchmark Grants

(a) General Information. The program, as it applies to this section:

(1) Eligible institutions--Public institutions of higher education that are general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities.

(2) Application requirements--Eligible institutions shall submit one (1) program to the Coordinating Board for consideration. Applications shall be submitted to the Board in the format and at the time specified by the Commissioner. The Board shall approve programs based, in part, upon its determination that institutions have demonstrated the greatest commitment to success in developing or improving, consistent with the mission of the institution, the quality of an existing degree program.

(3) General Selection Criteria. The Program is designed to award grants each time a degree program reaches a benchmark developed, approved, and published by the Board. Benchmarks will be developed by one or more persons who have relevant expertise and do not reside in this state.

(b) Review Criteria.

(1) The Board shall establish a set of benchmarks applicable to each degree program designated by an institution under this grant program.

(2) The Commissioner shall select one or more qualified individuals to serve as benchmark developers. Benchmark developers must have relevant expertise and reside outside of the state of Texas.

(3) The Board shall approve three benchmarks for each designated degree program unless it determines that a different number of benchmarks is appropriate.

(4) The Board shall also approve the associated funding levels for each type of degree program designated by an institution for this grant program.

(c) Application and Review Process.

(1) The Commissioner may solicit recommendations from eligible institutions each year for the designation of an eligible program. An institution may change its designated program only with the approval of the Board.

(2) Each institution with designated benchmarks for a program is responsible for providing to the Commissioner the necessary data or documentation to support attainment of each benchmark in the manner prescribed by the Commissioner.

(3) Board staff shall review the provided data or supporting documentation to determine whether or not the institution has met applicable benchmark(s) and is eligible for funding.

(d) Funding Decisions.

(1) The Board shall approve grants upon the recommendation of the staff's assessment of programs meeting applicable benchmarks. The Commissioner shall report approved grants to the Board for each annual grant period.

(2) Institutions may use awards under this grant program only for faculty recruitment or other faculty support with respect to the designated degree program for which the grant is awarded, including establishment of endowed faculty positions or enhancement of faculty compensation as considered appropriate by the institution.

(3) Institutions participating in this grant program shall reimburse the Board for the costs incurred by the Board in the administration of this program. The Commissioner shall outline the process and deadline for institutional reimbursement(s) to the Board.

Comments

Source Note: The provisions of this §5.133 adopted to be effective December 3, 2009, 34 TexReg 8512

§5.134: University Funding in Excellence for Specific Program and Fields Incentive Awards

(a) General Information. The program, as it applies to this section:

(1) Eligible institutions--Public institutions of higher education that are general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities.

(2) Application requirements--Eligible institutions shall submit one (1) program to the Coordinating Board for consideration. Applications shall be submitted to the Board in the format and at the time specified by the Commissioner.

(3) General Selection Criteria. The Program is designed to distribute a one-time award for programs that have achieved the highest national ranking or recognition for that type of program. Standards for determining highest national ranking or recognition shall be developed and approved by the Board utilizing the services of out-of-state consultants with relevant expertise.

(b) Review Criteria.

(1) The Board shall establish a set of criteria for determining highest national ranking or recognition for programs based upon the recommendations of out-of-state consultants with relevant expertise.

(2) The Board shall also approve the associated funding levels for each type of degree program designated by an institution for this award program.

(c) Application and Review Process.

(1) The Commissioner may solicit recommendations from eligible institutions each year for which there is funding for the designation of an eligible program.

(2) Board staff shall use peer and Board staff reviewers to evaluate the quality of applications.

(3) The Commissioner shall select qualified individuals to serve as reviewers. Reviewers shall demonstrate appropriate credentials to evaluate award applications in the nominated program(s). Reviewers shall not evaluate any applications for which they have a conflict of interest.

(4) The Board staff shall provide written instructions and training for reviewers.

(d) Funding Decisions. The Board shall approve one-time awards based upon the recommendation of the staff's and reviewers' assessment of programs meeting applicable standards. The Commissioner shall report approved awards to the Board for each annual award period.

Comments

Source Note: The provisions of this §5.134 adopted to be effective December 3, 2009, 34 TexReg 8512

Chapter 6

Subchapter A

§6.1: Purpose

The purpose of this subchapter is to implement rules regarding awards to Texas medical schools, licensed hospitals, or nonprofit corporations under the Family Practice Residency Program.

Comments

Source Note: The provisions of this §6.1 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.2: Authority

The authority for this subchapter is found in Texas Education Code, §§61.501 - 61.506.

Comments

Source Note: The provisions of this §6.2 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.3: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Medical school--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as identified in Texas Education Code, Chapter 61.501(1).

(4) Resident physician--A physician contractually obligated to a Texas medical school, licensed hospital, or non-profit corporation to receive residency education and training for a specified period of time.

(5) Approved family practice residency program--a three-year nationally accredited family practice residency program, as described in Texas Education Code, 61.501(2).

Comments

Source Note: The provisions of this §6.3 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.4: Types of Grants

Medical schools, licensed hospitals, or nonprofit corporations that sponsor a nationally accredited Family Practice Residency Program may apply for one or more of the following grants: Family Practice Residency Operational Grant, Support Grant, Rural Rotations Reimbursement Grant, and Public Health Rotation Reimbursement Grant.

(1) A Family Practice Residency Operational Grant is an annual, renewable grant to support the educational activities of fully accredited family practice residency programs.

(2) A Support Grant is an annual, renewable grant to support an ongoing statewide program to encourage research and leadership development of faculty of Texas family practice residency programs.

(3) A Rural Rotations Reimbursement Grant is a grant to reimburse program costs, recognize participation, and encourage rural practice location for resident physicians in training at nationally accredited Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a rural setting in Texas.

(4) A Public Health Rotation Reimbursement Grant is a grant to reimburse program costs, recognize participation, and encourage future public health commitments for residents in training at nationally recognized Texas family practice residency programs. Funding is provided to offset costs associated with residents completing an optional one-month rotation in a public health setting in Texas.

Comments

Source Note: The provisions of this §6.4 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.5: Award of Family Practice Residency Grants

The Commissioner shall award all Family Practice Residency Grants after receiving the recommendations of the Family Practice Residency Advisory Committee. The Commissioner shall annually report all awards to the Board.

Comments

Source Note: The provisions of this §6.5 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.6: Review of Family Practice Residency Grant Applications

Applications for Family Practice Residency Grants shall be reviewed by the Family Practice Residency Advisory Committee for their viability and their benefit to the state. Family Residency Programs must serve the needs of the State of Texas in improving the distribution of health care delivery. The Advisory Committee's review shall include the following:

(1) The ability of the program to meet the requirements set out in this Subchapter and all program guidelines;

(2) Existing and anticipated costs and funding for currently funded programs and new programs requesting funding;

(3) The program's performance in:

(A) improving the distribution of family physicians throughout the state; and

(B) providing care to medically underserved areas of Texas; and

(C) encouraging residents to practice in underserved rural and inner-city areas of the state.

Comments

Source Note: The provisions of this §6.6 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.7: Requirements for a Family Practice Residency Operational Grant

To be considered for a Family Practice Residency Operational Grant, a medical school, licensed hospital, or nonprofit corporation requesting an Operational Grant must at a minimum:

(1) Show that the residency program is accredited by the Accreditation Council on Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA) as a family practice residency program;

(2) Conform to Board criteria and financial reporting guidelines for a Family Practice Residency Operational Grant;

(3) Provide evidence that the residency program has been operational for three or more academic years;

(4) Document continuing local financial support for the program;

(5) Document expenditures and revenue for the program to substantiate funding needs; and

(6) Submit annual progress reports on the training program to the Coordinating Board that demonstrate the training program's efforts to recruit residents likely to practice in underserved areas of the state and the program's encouragement of residents to enter practice in underserved areas of the state.

Comments

Source Note: The provisions of this §6.7 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.8: Requirements for a Support Grant

A Support Grant may be provided to a medical school, licensed hospital, or nonprofit corporation to operate and maintain the Family Practice Faculty Development Center. The Center may be supported through federal, state, and other funds. To be considered for a Support Grant, a medical school, licensed hospital, or nonprofit corporation must:

(1) Conform to Board guidelines for Family Practice Residency Support Grant Programs;

(2) Give evidence that the program to be funded has been operational for three or more academic years; and

(3) Report on the expenditure of Support Grant funds in the Annual Financial Report.

Comments

Source Note: The provisions of this §6.8 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.9: Requirements for a Rural Rotation Reimbursement Grant

To be reimbursed for a family practice resident's one-month rural rotation in Texas, a Texas family practice residency program must:

(1) Submit notification of a resident's intent to complete a rural rotation, two-months prior to the beginning of the rotation;

(2) Give evidence that the program sponsored a resident in a rural rotation, which at the time of the rotation, conformed to Board rural rotation guidelines;

(3) Submit evaluations and request for funds upon completion of the rural rotation;

(4) Document expenditures for reimbursement in accordance with Board guidelines; and

(5) Report on receipt and expenditures to the Board and include financial information on completed rural rotations on the Annual Financial Report.

Comments

Source Note: The provisions of this §6.9 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.10: Requirements for a Public Health Rotation Reimbursement Grant

To be reimbursed for a family practice resident's one-month rotation through a public health setting in Texas, a Texas family practice residency program must:

(1) Submit documentation showing that the program sponsored a resident in a public health setting that met established Board guidelines;

(2) Document expenditures for public health rotations to substantiate the request for reimbursement in accordance with Board guidelines; and

(3) Submit progress reports and financial reports on Public Health Rotation Grants to the Board on an annual basis.

Comments

Source Note: The provisions of this §6.10 adopted to be effective May 29, 2003, 28 TexReg 4130

Subchapter B

§6.51: Purpose

The purpose of this subchapter is to implement rules for the allocation of state funds to support appropriate graduate medical education programs and activities for which adequate funds are not otherwise available; or to foster new or expanded graduate medical education programs or activities that the Board determines will address the state's needs for graduate medical education.

Comments

Source Note: The provisions of this §6.51 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.52: Authority

The authority for this subchapter is found in Texas Education Code, §61.0594.

Comments

Source Note: The provisions of this §6.52 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.53: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Medical school--A public or independent medical institution that awards the doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree, as identified in Texas Education Code, Chapter 61.501(1).

(4) Resident physician--A physician contractually obligated to a Texas medical school, licensed hospital, or non-profit corporation to receive residency education and training for a specified period of time.

Comments

Source Note: The provisions of this §6.53 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.54: Advisory Committee

The Board shall appoint an advisory committee to advise the Board and the Commissioner regarding the development and administration of the program.

Comments

Source Note: The provisions of this §6.54 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.55: Award of Graduate Medical Education Program Grants

(a) The Commissioner shall award all Graduate Education Program Grants, after receiving the recommendations of the advisory committee. The Commissioner shall annually report all awards to the Board.

(b) Graduate Education Program Grants may be used only to cover expenses related to the education of residents of the particular program or activity for which the award is made in accordance with any conditions imposed by the Board and may not otherwise be expended for the general support of the institution or entity.

Comments

Source Note: The provisions of this §6.55 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.56: Eligibility

To receive a Graduate Medical Education grant or formula distribution, an institution or other entity must:

(1) incur the costs of faculty supervision and education or the stipend costs of resident physicians in accredited clinical residency training programs in this state. The Board will consider the costs incurred by medical schools or other entities to support faculty responsible for the education or supervision of resident physicians;

(2) be a public medical school, licensed teaching hospitals, or non-profit corporation operating a nationally accredited allopathic or osteopathic residency programs;

(3) provide evidence, at least annually, that the residency program is accredited by the Accreditation Council on Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA);

(4) meet the criteria and financial reporting guidelines for a Graduate Medical Education grant or formula distribution as determined by the advisory committee; and

(5) provide evidence, at least annually, that the residency program intends to provide continuing operational financial support.

Comments

Source Note: The provisions of this §6.56 adopted to be effective May 29, 2003, 28 TexReg 4130

Subchapter C

§6.71: Purpose and Authority

The purpose of this subchapter is to describe the Board's criteria and process for awarding grants with Tobacco Lawsuit Settlement funds under two competitive grant programs: the Nursing, Allied Health and Other Health-related Education Grant Program; and the Minority Health Research and Education Grant Program. The Board is authorized to establish rules for these grant programs under Texas Education Code §63.202 (c) and §63.302 (d).

Comments

Source Note: The provisions of this §6.71 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.72: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

Comments

Source Note: The provisions of this §6.72 adopted to be effective May 29, 2003, 28 TexReg 4130

§6.73: Nursing, Allied Health and Other Health-Related Education Grant Program

(a) General Information. The program, as it applies to this section:

(1) Name--Nursing, Allied Health and Other Health-related Education Grant Program.

(2) Purpose--To provide funding to eligible institutions of higher education to establish or support academic instruction and training programs on public health issues specific to nursing, allied health and other health-related education.

(3) Authority--Texas Education Code, §§63.201 - 63.203.

(4) Eligible institutions--Public institutions of higher education that offer upper-level academic instruction and training in the fields of nursing, allied health, or other health-related education. Institutions or components identified under Texas Education Code, §63.002(c), and §§63.101 - 63.102 are not eligible to receive funding through the grant program.

(5) Eligible programs--Nursing, allied health or other health-related educational initiatives, including those that expand existing academic programs, and develop other new or existing activities and projects, that are not funded by state appropriation during the funding period.

(6) Application requirements--Applications shall be submitted to the Board in the format and at the time specified by the Board.

(7) General Selection Criteria--Competitive. The Program is designed to award grants that provide the best overall value to the state. Selection criteria shall be based on:

(A) Program quality as determined by reviewers;

(B) Impact the grant award shall have on academic instruction and training in public health-related education in the state;

(C) Cost of the proposed program; and

(D) Other factors to be considered by the Board, including financial ability to perform program, state and regional needs and priorities, ability to continue program after grant period, and past performance.

(8) Minimum award--$15,000 per award in any fiscal year.

(9) Maximum award--30 percent of the estimated available funding per award in any fiscal year.

(10) Maximum award length--A program is eligible to receive funding for up to three years within a grant period. Previously funded programs may reapply to receive funding for one additional grant period.

(b) Review Criteria.

(1) The Board shall use peer and Board staff reviewers to evaluate the quality of applications.

(2) The Commissioner shall select qualified individuals to serve as reviewers. Reviewers shall demonstrate appropriate credentials to evaluate grant applications in health education. Reviewers shall not evaluate any applications for which they have a conflict of interest.

(3) The Board staff shall provide written instructions and training for reviewers.

(4) The reviewers shall score each application according to these award criteria and weights:

(A) Significance of instruction or training program. The reviewers shall consider issues such as: How relevant and timely is this topic to public health issues for the particular discipline? Is the program unique and important or unique and important for a geographic area? Will the program be useful to or later replicated at other institutions in the state? Will the program provide an advancement of knowledge that may result in positive changes in patient care, education or health care policy? How many people will benefit directly from the program? Maximum points: 30

(B) Resources to perform program. The reviewers shall consider issues such as: What new personnel, equipment and facility resources are needed for the program? What existing resources can be used? What are the professional credentials and experience of the program's key personnel? Maximum points: 15

(C) Program design. The reviewers shall consider issues such as: Is the program well defined? Is it a discrete program which can be completed in the grant period? Are the goals and objectives realistic? How well has the proposal described the program development process and the nature of analysis to be carried out? Maximum points: 25

(D) Cost sharing. The reviewers shall consider issues such as: What level of local funding, if any, is available to share in the cost of the program? Maximum points: 5

(E) Cost effectiveness. The reviewers shall consider issues such as: How appropriate are the chosen equipment, staffing and service providers for the program given the cost of the program? Is the budget realistic? Does the proposal make effective use of the grant funds? Maximum points: 25.

(F) Evaluation and expected outcomes. The reviewers shall consider issues such as: How well has the proposal described the methodology to evaluate and estimate the outcomes from the program? Is the evaluation methodology appropriate and effective? Are the outcomes realistic? Maximum points: 30

(5) Award criteria and weights may be adjusted to best fulfill the purpose of an individual grant competition, if those adjusted award criteria and weights are first included in the Request for Proposal for the grant competition.

(c) Application and Review Process.

(1) The Commissioner may solicit recommendations from an advisory committee or other group of qualified individuals on funding priorities for each grant period, and the administration of the application and review process.

(2) The Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the Request for Proposal. An application must meet the requirements of the Request for Proposal and be submitted with proper authorization before or on the day specified by the Board to qualify for further consideration. Qualified applications shall be forwarded to the reviewers for evaluation. Board staff shall notify applicants eliminated through the screening process within 30 days of the submission deadline.

(3) Reviewers shall evaluate applications and assign scores based on award criteria. All evaluations and scores of the review committee are final.

(4) Board staff shall rank each application based on points assigned by reviewers, and then may request that individuals representing the most highly-ranked applications make oral presentations on their applications to the reviewers and other Board staff. The Board staff may consider reviewer comments from the oral presentations in recommending a priority ranked list of applications to the Board for approval.

(d) Funding Decisions.

(1) Applications for grant funding shall be evaluated only upon the information provided in the written application.

(2) The Board shall approve grants upon the recommendation of the panel of reviewers and Board staff. The Commissioner shall report approved grants to the Board for each biennial grant period.

(3) Funding recommendations to the Board shall consist of the most highly ranked and recommended applications up to the limit of available funds. If available funds are insufficient to fund a proposal after the higher-ranking and recommended applications have been funded, staff shall negotiate with the applicant to determine if a lesser amount would be acceptable. If the applicant does not agree to the lesser amount, the staff shall negotiate with the next applicant on the ranked list. The process shall be continued until all grant funds are awarded to the most highly ranked and recommended applications.

(e) Contract. Following approval of grant awards by the Board, the successful applicants must sign a contract issued by Board staff and based on the information contained in the application.

(f) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point before a contract is signed.

(g) Request for Proposal. The full text of the administrative regulations and budget guidelines for this program are contained in the official Request for Proposal (RFP) available upon request from the Board.

(h) This subsection pertains to the 2008-09 and 2010-11 biennia only (rules are effective only from September 1, 2007 to August 31, 2011).

(1) Funds available to the program for the 2008-09 and 2010-11 biennia will be distributed as grants in proportions determined by the Board through one or more programs that are based on:

(A) a competitive, peer- or staff-reviewed process for eligible institutions proposing to address the shortage of registered nurses and nursing faculty, as described in subsections (a) - (g) of this section unless amended in subsections (h)(2) and (h)(3) of this section;

(B) a competitive, staff-reviewed process for eligible institutions, as amended in subsection (h)(2) of this section that are seeking awards of $15,000 or less for a one-year grant; or

(C) a criteria-based, funding formula for eligible institutions, as amended in subsection (h)(2) of this section.

(2) In subsection (a)(4), of this section, eligible institutions, as they pertain to subsection (h)(1) of this section, are public institutions of higher education, private or independent institutions of higher education and hospitals that offer nursing programs that prepare students for initial licensure as registered nurses or that prepare qualified faculty for such nursing programs.

(3) In subsections (a)(5), (a)(8), (a)(9), (a)(10) and (b)(4), of this section, the following pertain to subsection (h)(1)(A) of this section:

(A) Eligible programs--Nursing initiatives that propose to address the shortage of registered nurses by developing new or existing activities and projects that will promote innovation in the education, recruitment and retention of nursing students and qualified faculty.

(B) Minimum award--Minimum award is $10,000 per award in any fiscal year for a two-year or three-year grant.

(C) Maximum award--Maximum award is $150,000 per award in any fiscal year for a two-year grant and $750,000 per award in any fiscal year for a three-year grant.

(D) Maximum award length--A program is eligible to receive funding for up to three years, contingent upon evaluation of the progress and effectiveness of the program after one year of funding.

Comments

Source Note: The provisions of this §6.73 adopted to be effective May 29, 2003, 28 TexReg 4130; amended to be effective December 3, 2003, 28 TexReg 10754; amended to be effective August 11, 2004, 29 TexReg 7672; amended to be effective August 25, 2008, 33 TexReg 6811

§6.74: Minority Health Research and Education Grant Program

(a) General Information. The program, as it applies to this section:

(1) Name--Minority Health Research and Education Grant Program.

(2) Purpose--To provide funding to eligible institutions of higher education to conduct research and educational programs on public health issues affecting one or more minority groups in Texas.

(3) Authority--Texas Government Code, §§63.301 - 63.302.

(4) Minority--a particular ethnic or racial group that is under-represented in one or more areas of health research or health education.

(5) Eligible institutions--Public and private accredited general academic and health-related institutions, and Centers for Teacher Education, that conduct research or educational programs that address minority health issues or form partnerships with minority organizations, colleges, or universities to conduct research and educational programs that address minority health issues. Two-year institutions, including junior and community colleges, state colleges or technical colleges, and other agencies of higher education as defined by Texas Education Code, §61.003(6) are not eligible to submit an application for program funding but may receive program funding indirectly as a partner to an eligible institution.

(6) Eligible programs--Research and educational initiatives, including those that expand existing research and degree programs, and develop other new or existing activities and projects, that are not funded by state appropriation during the funding period. Proposed programs shall not conflict with current judicial decisions and state interpretation on administering minority programs in higher education.

(7) Application requirements--Applications shall be submitted to the Board in the format and at the time specified by the Board.

(8) General Selection Criteria--Competitive. Designed to award grants that provide the best overall value to the state. Selection criteria shall be based on:

(A) Program quality as determined by reviewers;

(B) Impact the grant award shall have on public health issues affecting one or more minority groups in the state;

(C) Cost of the proposed program; and

(D) Other factors to be considered by the Board, including financial ability to perform program, state and regional needs and priorities, whether the eligible institution has been designated as an Historically Black or Hispanic Serving institution by the U.S. Department of Education, ability to continue program after grant period, and past performance.

(9) Minimum award--$15,000 per award in any fiscal year.

(10) Maximum award--30 percent of the estimated available funding per award in any fiscal year.

(11) Maximum award length--A program is eligible to receive funding for up to three years within a grant period. Previously funded programs may reapply to receive funding for one additional grant period.

(b) Review Criteria.

(1) The Board shall use peer and Board staff reviewers to evaluate the quality of applications.

(2) The Commissioner shall select qualified individuals to serve as reviewers. Reviewers shall demonstrate appropriate credentials to evaluate grant applications in health research and education. Reviewers shall not evaluate any applications for which they have a conflict of interest.

(3) The Board staff shall provide written instructions and training for reviewers.

(4) The reviewers shall score each application according to these award criteria and weights:

(A) Significance of research or educational program for minority health issues. The reviewers shall consider issues such as: How relevant and timely is this topic to minority public health issues? Is the program unique and important or unique and important for a geographic area? Will the program be useful to or later replicated at other institutions in the state? Will the program provide an advancement of knowledge that may result in positive changes in patient care, education or health care policy for minorities? How many people will benefit directly from the program? Maximum points: 30

(B) Resources to perform program. The reviewers shall consider issues such as: What new personnel, equipment and facility resources are needed for the program? What existing resources can be used? Will the program draw on resources from other institutions and organizations? Do the institution's partners, if any, demonstrate financial stability and effectiveness in conducting similar research or education programs? What are the professional credentials and experience of the program's key personnel? Maximum points: 15

(C) Program design. The reviewers shall consider issues such as: Is the program well defined? Is it a discrete program which can be completed in the grant period? Are the goals and objectives realistic? How well has the proposal described the data collection or program development process and the nature of analysis to be carried out? Maximum points: 25

(D) Cost sharing. The reviewers shall consider issues such as: What level of local funding, if any, is available to share in the cost of the program? Maximum points: 5

(E) Cost effectiveness. The reviewers shall consider issues such as: How appropriate are the chosen equipment, staffing and service providers for the program given the cost of the program? Is the budget realistic? Does the proposal make effective use of the grant funds? Maximum points: 25.

(F) Evaluation and expected outcomes. The reviewers shall consider issues such as: How well has the proposal described the methodology to evaluate and estimate the outcomes from the program? Is the evaluation methodology appropriate and effective? Are the outcomes realistic? Maximum points: 30

(5) Award criteria and weights may be adjusted to best fulfill the purpose of an individual grant competition, if those adjusted award criteria and weights are first included in the Request for Proposal for the grant competition.

(c) Application and Review Process.

(1) The Commissioner may solicit recommendations from an advisory committee or other group of qualified individuals on funding priorities for each grant period, and the administration of the application and review process.

(2) The Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the Request for Proposal. An application must meet the requirements of the Request for Proposal and be submitted with proper authorization before or on the day specified by the Board to qualify for further consideration. Qualified applications shall be forwarded to the reviewers for evaluation. Board staff shall notify applicants eliminated through the screening process within 30 days of the submission deadline.

(3) Reviewers shall evaluate applications and assign scores based on award criteria. All evaluations and scores of the review committee are final.

(4) Board staff shall rank each application based on points assigned by reviewers, and then may request that individuals representing the most highly-ranked applications make oral presentations on their applications to the reviewers and other Board staff. The Board staff may consider reviewer comments from the oral presentations in recommending a priority ranked list of applications to the Board for approval.

(d) Funding Decisions.

(1) Applications for grant funding shall be evaluated only upon the information provided in the written application.

(2) The Board shall approve grants upon the recommendation of the panel of reviewers and Board staff. The Commissioner shall report approved grants to the Board for each biennial grant period.

(3) Funding recommendations to the Board shall consist of the most highly ranked and recommended applications up to the limit of available funds. If available funds are insufficient to fund a proposal after the higher-ranking and recommended applications have been funded, staff shall negotiate with the applicant to determine if a lesser amount would be acceptable. If the applicant does not agree to the lesser amount, the staff shall negotiate with the next applicant on the ranked list. The process shall be continued until all grant funds are awarded to the most highly ranked and recommended applications.

(e) Contract. Following approval of grant awards by the Board the successful applicants shall sign a contract issued by Board staff and based on the information contained in the application.

(f) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point before a contract is signed.

(g) Request for Proposal. The full text of the administrative regulations and budget guidelines for this program are contained in the official Request for Proposal (RFP) available upon request from the Board.

Comments

Source Note: The provisions of this §6.74 adopted to be effective May 29, 2003, 28 TexReg 4130; amended to be effective August 25, 2008, 33 TexReg 6811

Subchapter D

§6.81: Purpose and Authority

(a) This subchapter describes the Board's criteria and process for awarding grants under the Texas Hospital-Based Nursing Education Partnership Grant Program. This program is designed to establish and/or expand innovative nursing degree programs to increase the number of students enrolled in and graduating from such programs.

(b) These sections relate to Texas Education Code, Chapter 61, Subchapter EE, §§61.9751 - 61.9759, which authorize the Board to establish rules for providing funding to eligible hospitals in partnership with one or more nursing schools under the Texas Hospital-Based Nursing Education Partnership Grant Program.

Comments

Source Note: The provisions of this §6.81 adopted to be effective November 28, 2007, 32 TexReg 8492; amended to be effective December 3, 2009, 34 TexReg 8513

§6.82: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Hospital--A health care facility that provides in-patient services in the state, that is in good standing with all regulators and accreditation bodies, and that is not owned, maintained, or operated by the federal or state government or an agency of the federal or state government.

(4) Hospital-based nursing education partnership--A partnership that:

(A) consists of one or more hospitals in this state that are not owned, maintained, or operated by the federal or state government or an agency of the federal or state government and one or more nursing education programs in this state; and

(B) serves to increase the number of students enrolled in and graduating from one or more degree programs as a result of the partnership.

(5) Nursing Education Program--Refers to an undergraduate or graduate professional nursing education program as defined in subparagraphs (A) and (B) of this paragraph:

(A) Undergraduate professional nursing program--A public or private educational program for preparing students for initial licensure as registered nurses.

(B) Graduate professional nursing program--An educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree in nursing.

Comments

Source Note: The provisions of this §6.82 adopted to be effective November 28, 2007, 32 TexReg 8492; amended to be effective December 3, 2009, 34 TexReg 8513

§6.83: General Information

(a) To be considered for a grant under the Texas Hospital-Based Nursing Education Partnership Grant Program, a program must be determined to be eligible to apply.

(1) An eligible degree program is one that offers degree programs through hospital-based nursing education partnerships which:

(A) provide courses and learning experiences leading to:

(i) an associate degree in nursing;

(ii) a baccalaureate degree in nursing, leading to initial licensure as a registered nurse;

(iii) a master's degree in nursing with a concentration in nursing education; and/or

(iv) an academic program designed to advance a registered nurse from an associate degree to a bachelor of science degree in nursing or to a master of science degree in nursing with a concentration in nursing education.

(B) use existing expertise and facilities of the partners. This restriction does not prohibit a hospital or nursing school from requesting grant funds to support reasonable development and initial implementation costs necessary to support a new degree program. Hospitals and nursing schools proposing an expansion of an existing degree program may request grant funds to support reasonable development and implementation costs for expanding the degree program with the specific intent to increase the number of students enrolled. Hospitals and nursing schools in existing partnerships may not request grant funds for initial or on-going costs incurred in operating an existing degree program. The Commissioner shall make the final determination of a partnership's eligibility for funding to support development and initial implementation costs.

(C) meet applicable Board and Texas Board of Nursing standards for instruction and student competency, or if Texas Board of Nursing standards are not met receive approval from the Texas Board of Nursing to waive those standards as a pilot project.

(D) require each nursing school participating in the partnership, as a result of the partnership, to enroll in the degree program a sufficient number of additional students.

(E) propose a marginal cost to the state for the partnership producing a nursing graduate that is equal to or less than the marginal cost to the state for producing a nursing graduate. The state marginal cost is defined as all formula funding appropriations to nursing education programs on a full-time student equivalent basis. The range of acceptable marginal costs will be calculated by the Board and contained in the Request for Application.

(F) provide students with appropriate clinical placements to fulfill licensing and academic requirements of the degree.

(2) Application requirements. Applications for funding shall be submitted to the Board in the format and at the time specified by the Board.

(3) General Selection Criteria shall be designed to award grants that provide the best overall value to the state. Selection criteria shall be based on:

(A) program quality as determined by peer reviewers;

(B) impact the grant award will have on academic instruction and training in nursing education in the state;

(C) cost of the proposed program; and

(D) other factors to be considered by the Board, including financial ability to implement the program, state and regional needs and priorities, ability to continue the program after the grant period, and past performance.

(4) Maximum award length. A program is eligible to receive funding for up to three years, contingent upon available funds, submission of required documents, a positive evaluation of progress, and a positive evaluation of the effectiveness of the program after the first and second years of funding.

(b) Peer Review.

(1) The Board shall use peer reviewers to evaluate the quality of applications.

(2) The Commissioner shall select qualified individuals to serve as reviewers. Peer reviewers shall demonstrate appropriate credentials to evaluate grant applications in nursing education. Reviewers shall not evaluate any applications for which they have a conflict of interest.

(3) Board staff shall provide written instructions and training for peer reviewers.

(4) The peer reviewers shall score each application according to these award criteria which incorporate the specific priority criteria stated in Texas Education Code, §61.9754:

(A) Partnership design, including:

(i) structure of partner participation;

(ii) provision of access to clinical training positions for nursing education students in programs not participating in the partnership;

(iii) provision for tracking post-graduation employment of students in a nursing education program participating in the partnership.

(B) Evaluation and expected outcomes, including:

(i) increase in student enrollment and graduation and in the number of nursing faculty employed by each nursing education program participating in the partnership;

(ii) improvement in student retention in each nursing education program.

(C) Availability of funds to match all or a portion of the grant funds;

(D) Provision for completion of a class admitted under this project to be funded by all members of the partnership if the funded project ends before the class graduation date;

(E) Potential replication; and

(F) Sustainability of partnership beyond the grant period.

(c) Application Review Process.

(1) The Board staff shall review applications to determine if they adhere to the grant program requirements and the funding priorities contained in the Request for Application. Qualified applications shall be forwarded to the peer reviewers for evaluation. Board staff shall notify applicants eliminated through the screening process within 30 days of the submission deadline.

(2) Peer reviewers shall evaluate applications and assign scores based on award criteria. All evaluations and scores of the reviewers are final.

(3) Board staff shall rank each application based on points assigned by peer reviewers, and may request that individuals representing the most highly-ranked applications make oral presentations on their applications to the peer reviewers and Board staff. The Board staff may consider reviewer comments from the oral presentations in recommending a priority-ranked list of applications to the Commissioner for approval.

(d) Funding Decisions.

(1) Applications for grant funding shall be evaluated only upon the information provided in the written application.

(2) The Board will approve grants based upon the recommendation of peer reviewers and Board staff.

(3) Funding recommendations to the Board shall consist of the most highly ranked and recommended applications up to the limit of available funds. If available funds are insufficient to fund a proposal after the higher-ranking and recommended applications have been funded, staff shall negotiate with the applicant to determine if a lesser amount would be acceptable. If the applicant does not agree to the lesser amount, the staff shall negotiate with the next applicant on the list of highly ranked applications.

(4) If the Board does not use all of the available funds for the program, unspent funds may be used to make grants under the Professional Nursing Shortage Reduction Program and the Nursing, Allied Health, and Other-Health-related Education Grant Program.

(e) Contract. Following approval of grant awards by the Board, the successful applicants must sign a contract issued by Board staff and based on the information contained in the application.

(f) Cancellation or Suspension of Grants. The Board has the right to reject all applications and cancel a grant solicitation at any point.

(g) Request for Proposal. The full text of the administrative regulations, budget guidelines, reporting requirements, and other standards of accountability for this program are contained in the official Request for Application available upon request from the Board.

(h) Grants, Gifts, and Donations. The Board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purpose of this subchapter.

(i) Administrative Costs. Three percent of any money appropriated for purposes of this subchapter may be used to pay the costs of administering the program.

Comments

Source Note: The provisions of this §6.83 adopted to be effective November 28, 2007, 32 TexReg 8492; amended to be effective December 3, 2009, 34 TexReg 8513

Chapter 7

Subchapter A

§7.1: Purpose

This chapter clarifies the standards and details the process by which private postsecondary educational institutions and public out-of-state postsecondary educational institutions may be authorized to offer degrees, to offer credits toward degrees, to employ agents, to use certain academic terms within the state, and to limit the use of certain academic degrees by individuals and institutions. The chapter proscribes certain behavior, and specifies the sanctions that may be imposed for violations of the applicable rules and statutes.

Comments

Source Note: The provisions of this §7.1 adopted to be effective December 6, 2009, 34 TexReg 8515

§7.2: Authority

These sections relate to Texas Education Code, Chapter 61, Subchapter G, §§61.301 - 61.321 and Subchapter H, §§61.401 - 61.405, which regulate the awarding or offering of degrees, awarding or offering credit toward degrees, and use of certain academic terms by private postsecondary educational institutions and out-of-state public postsecondary educational institutions, and Chapter 132, relating to career schools and colleges.

Comments

Source Note: The provisions of this §7.2 adopted to be effective December 6, 2009, 34 TexReg 8515

§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 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 post-secondary educational institution 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) 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 Standards for Operations of Institutions), 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.

(11) 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.

(12) 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.

(13) Certificate of Authorization--The Board's acknowledgment that an institution is qualified for an exemption from the regulations herein.

(14) Certification Advisory Council--

(A) Council to advise the Board on standards and procedures related to certification of private, nonexempt postsecondary educational institutions, and to assist the Commissioner in the examination of individual applications for certificates of authority, and to perform other duties related to certification that the Board finds to be appropriate.

(B) The council shall consist of six members with experience in higher education, three of whom must be drawn from exempt private postsecondary institutions in Texas.

(C) The members shall be appointed for two year fixed and staggered terms.

(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 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) Conditional Certificate of Authorization--The Board's acknowledgement that an institution is qualified for an exemption, once certain specified conditions have been satisfied, from the regulations herein. This certificate will have a specific effective and expiration date determined by the nature of the conditions that must be satisfied. These conditions will be outlined in the certificate of authorization letter that accompanies the certificate.

(21) 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.

(22) Educational or Training Establishment--An enterprise offering a course of instruction, education, or training that is not represented as being applicable to a degree.

(23) Exempt Institution--An institution that is accredited by an agency recognized by the Board under §7.6 of this chapter (relating to Recognition of Accrediting Agencies) 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.

(24) Fictitious Degree--A counterfeit or forged degree or a degree that has been revoked.

(25) 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 §7.12 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 §7.12 of this chapter, determines is not the equivalent of an accredited or authorized degree.

(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 presence 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 terms "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.

(36) Substantive Change--Any change in principal location, ownership, or governance.

Comments

Source Note: The provisions of this §7.3 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152

§7.4: Standards for Operation of Institutions

All institutions that operate within the State of Texas are expected to meet the following standards. 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 under the Certificate of authorization process. 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.

(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) Governance. The institution shall have a system of governance that facilitates the accomplishment of the institution's mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, including students, faculty and staff. If the institution has a governing board consisting of at least three (3) members, and that board focuses on the accomplishment of the institution's mission and purposes, supports institutional effectiveness and integrity, and protects the interests of its constituents, this standard will be considered as met. In the absence of such a governing board, the burden to establish appropriate safeguards within its system of governance and to demonstrate their effectiveness falls upon the institution.

(4) Distinction of Roles. The institution shall define the powers, duties and responsibilities of the governing body and the executive officers. There shall be a clear distinction in the roles and personnel of the chief business officer and the chief academic officer.

(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.

(C) For applied associate degree programs relating to occupations where state or national licensure is required, graduates must pass the licensing examination at a rate acceptable to the related licensing agency.

(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 in subparagraphs (A) - (D) of this paragraph. 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 must consist of at least sixty (60) semester credit hours and not more than sixty-six (66) semester credit hours or ninety (90) quarter credit hours and not more than ninety-nine (99) quarter credit hours. Applied associate degrees must consist of at least sixty (60) semester credit hours and not more than seventy-two (72) semester credit hours or ninety (90) quarter credit hours and not more than one hundred eight (108) quarter hours. A baccalaureate degree must consist of at least one hundred twenty (120) semester credit hours or one hundred eighty (180) quarter credit hours. A master's degree must consist of at least thirty (30) semester credit hours and not more than thirty-six (36) semester credit hours or forty-five (45) quarter credit hours and not more than 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 institution's 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 separate 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.

(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 location 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 the institution's 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) 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.

§7.5: Administrative Penalties and Injunctions

(a) A person or institution may not:

(1) Granting of Degrees--Grant, award, or offer to award a degree on behalf of a nonexempt institution unless the institution has been issued a certificate of authority, including an alternative certificate of authority, to grant the degree by the Board;

(2) Transferability of Credit--Represent that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by some other person or institution except under conditions and in a manner specified under §7.7 of this chapter (relating to Institutions Accredited by Board Recognized Accreditors) and approved by the Board, or represent that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term;

(3) Honorary Degrees--Award or offer to award an honorary degree on behalf of a private postsecondary institution subject to the provisions of the subchapter, unless the institution has been awarded a certificate of authority to award such a degree, or solicits another person to seek or accept an honorary degree and, further, unless the degree shall plainly state on its face that it is honorary;

(4) Protected Terms--Use a protected term in the official name or title of a nonexempt private postsecondary institution, an educational or training establishment, or describe an institution using any of these terms or a term having a similar meaning, except as authorized by the Board, or solicit another person to seek a degree or to earn a credit that is offered by an institution or establishment that is using a term in violation of this section;

(5) Agent--Act as an agent who solicits students for enrollment in a private postsecondary institution subject to the provisions of the subchapter without a certificate of registration, if required by this chapter;

(6) Fraudulent Degree--Use or claim to hold a degree that the person knows is a fraudulent, substandard, or is a fictitious degree:

(A) in a written or oral advertisement or other promotion of a business; or

(B) with the intent to:

(i) obtain employment;

(ii) obtain a license or certificate to practice a trade, profession, or occupation;

(iii) obtain a promotion, compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;

(iv) obtain admission to an educational program in this state; or

(v) gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.

(C) The use of fictitious, fraudulent, or substandard degrees--The Board shall provide the following information through the Board's Internet website:

(i) the accreditation status or the status regarding authorization or approval under this subchapter, to the extent known by the Board, of each exempt institution operating in the state, each postsecondary educational institution or other person that is regulated under §§7.7 - 7.11 of this chapter or for which a determination is made under §7.12 of this chapter (relating to Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority), and any institution offering fraudulent, substandard, or fictitious degrees, including:

(I) the name of each educational institution accredited, authorized, or approved to offer or grant degrees in this state;

(II) the name of each educational institution whose degrees the Board has determined may not be legally used in this state;

(III) the name of each educational institution that the Board has determined to be operating in this state in violation of this chapter; and

(IV) any other information considered by the Commissioner to be useful to protect the public from fraudulent, substandard, or fictitious degrees.

(ii) the Board shall utilize such usual and customary sources for determining the accreditation status of institutions, such as: guides to international education; the Board's knowledge of legal actions taken against institutions, either by an agency of the state of Texas or agencies of other states or nations; or civil actions against institutions brought by governmental agencies or individuals.

(D) In determining the legitimacy of institutions headquartered or operating outside of Texas, the Board may determine if the state or nation in which the person or institution is headquartered, operates, or holds legal authorization to operate has standards and practices that are as rigorous as those of the Board's. A determination that a particular state or nation's standards or practices are not appropriately rigorous shall be sufficient reason to disapprove the use of the degrees of a person or institution.

(b) Institutions Located on Federal Land in Texas--An institution that is operating on land in Texas over which the federal government has exclusive jurisdiction shall limit the recruitment of students and advertising of the institution or its programs or courses to the confines of the federal land and to the military or civilian employees and their dependents who work or live on that land. The institution shall not enlist any agent, representative, or institution to recruit or to advertise by any medium, the institution or its programs or courses except on the federal land.

(c) Offenses--A violation of this subsection may constitute a violation of the Texas Penal Code, §32.52, or Texas Education Codes §§61.312, 61.313. An offense under subsection (a)(1) - (5) of this section may be a Class A misdemeanor and an offense under subsection (a)(6) of this section may be a Class B misdemeanor.

(d) Transfer of Records--In the event any institution now or hereafter operating in this state proposes to discontinue its operation, the chief administrative officer, by whatever title designated, of said institution shall cause to be filed with the Board the original or legible true copies of all such academic records of said institution as may be specified by the Commissioner. Such records shall include, without limitation:

(1) such academic information as is customarily required by colleges when considering students for transfer or advanced study; and

(2) the academic records of each former student.

(e) Record Protection--In the event it appears to the Commissioner that any records of an institution that is discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the Board, the Commissioner may seek, on the Board's behalf, court authority to take possession of such records.

(f) Maintenance of Records--The Board shall maintain or cause to be maintained a permanent file of such records coming into its possession.

(g) Administrative Penalties--If a person or institution violates a provision of this subchapter, the Commissioner may assess an administrative penalty against the person or institution as provided in this section.

(h) Notice of Violation--The Commissioner shall send written notice by certified mail to the person or institution charged with the violation. The notice shall state the facts on which the penalty is based, the amount of the penalty assessed, and the right of the person or institution to request a hearing.

(i) Appeal of Assessment--The Commissioner's assessment shall become final and binding unless, within forty-five (45) days of receipt of the notice of assessment, the person or institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).

(j) Collection of Assessment--If the person or institution does not pay the amount of the penalty within thirty (30) days of the date on which the assessment becomes final, the Commissioner may refer the matter to the attorney general for collection of the penalty, plus court costs and attorney fees.

(k) Specific Administrative Penalty--Any person or institution that is neither exempt nor the holder of a certificate of authority, including an alternative certificate of authority, to grant degrees, shall be assessed an administrative penalty of not less than $1,000 or more than $5,000 for, either individually or through an agent or representative:

(1) conferring or offering to confer a degree;

(2) awarding or offering to award credits purported to be applicable toward a degree to be awarded by another person or institution (except under conditions and in a manner specified and approved by the Board);

(3) representing that any credits offered are collegiate in nature subject to the provisions of this subchapter; or

(4) each degree conferred without authority, and each person enrolled in a course or courses at the institution whose decision to enroll was influenced by the misrepresentations, constitutes a separate offense.

(l) Other Administrative Penalties--Any person or institution that violates subsection (a)(4) of this section shall be assessed an administrative penalty of not less than $1,000 or more than $3,000.

(m) Specific Administrative Penalties for Agents--Any agent who solicits students for enrollment in an institution subject to the provisions of the subchapter without a certificate of registration shall be assessed an administrative penalty of not less than $500 or more than $1,000. Each student solicited without authority constitutes a separate offense.

(n) Termination of Operation--Any operations which are found to be in violation of the law shall be terminated.

(o) Report to Attorney General--The Commissioner may report possible violations of this subchapter to the attorney general. The attorney general, after investigation and consultation with the Board, shall bring suit to enjoin further violations.

(p) Venue--An action for an injunction under this section shall be brought in a district court in Travis County.

(q) Civil Penalties--A person who violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty in addition to any injunctive relief or any other remedy allowed by law. A civil penalty may not exceed $1,000 a day for each violation.

(r) Civil Litigation--The attorney general, at the request of the Board, shall bring a civil action to collect a civil penalty under this section.

(s) Deceptive Trade Practice Act--A person who violates this subchapter commits a false, misleading, or deceptive act or practice within the meaning of the Texas Business and Commerce Code, §17.46.

(t) Applicability of Other Law--A public or private right or remedy under the Texas Business and Commerce Code, Chapter 17, may be used to enforce this section.

(u) Associate of Occupational Studies (AOS) Degree--Texas has three career schools or colleges awarding the AOS degree: Universal Technical Institute, Southwest Institute of Technology, and Western Technical College. The AOS degree shall be awarded in only the following fields: automotive mechanics, diesel mechanics, refrigeration, electronics, and business. Each of the three Institutions may continue to award the AOS degree for those fields listed in this subsection and shall be restricted to those fields. The Board shall not consider new AOS degree programs from any other career schools or colleges. A career school or college authorized to grant the AOS degree shall not represent such degree by using the terms "associate" or "associate's" without including the words "occupational studies." An institution authorized to grant the AOS degree shall not represent such degree as being the equivalent of the AAS or AAA degrees.

Comments

Source Note: The provisions of this §7.5 adopted to be effective December 6, 2009, 34 TexReg 8515

§7.6: Recognition of Accrediting Agencies

(a) Eligibility Criteria--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 §7.7 of this chapter (relating to Institutions Accredited by Board Recognized Accreditors).

(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 §7.4 of this chapter (relating to Standards for Operations of Institutions). Comparison of its standards with those of previously recognized accrediting agencies and with the standards in §7.4 of this chapter is encouraged as a means of indicating how its standards meet those principles.

(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 scheduled 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 §7.8 of this chapter (relating to Institutions Not Accredited by a Board Recognized Accreditor), 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 ensure 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 of 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 §7.7 of this chapter 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).

Comments

Source Note: The provisions of this §7.6 adopted to be effective December 6, 2009, 34 TexReg 8515

§7.7: Institutions Accredited by Board Recognized Accreditors

An institution which does not meet the definition of institution of higher education contained in Texas Education Code §61.003, is accredited by a Board recognized accreditor, and is interested in offering degrees or courses leading to degrees in the State of Texas must follow the requirements in paragraphs (1) - (5) of this section.

(1) Authorization to Offer Degrees or Courses Leading to Degrees in Texas.

(A) Each institution and/or campus location must submit a letter of intent to offer degree(s) or courses leading to degrees in Texas containing the following information:

(i) Name of the institution;

(ii) Physical location of campus;

(iii) Name and contact information of the Chief Administrative Officer of the campus;

(iv) Name of accreditor;

(v) Level of degree and degrees authorized by CIP code;

(vi) Acknowledgement of substantive change notification and data reporting requirements contained in §7.11 of this chapter (relating to Changes of Ownership and Other Substantive Changes) and §7.13 of this chapter (relating to Data Reporting), respectively;

(vii) Texas Workforce Commission Certificate of Approval or a Texas Workforce Commission exemption from Texas Education Code, Chapter 132.

(B) Coordinating Board staff will verify information and accreditation status and upon confirmation, will provide a Certificate of Authorization to offer in Texas those degrees or courses leading to degrees for which it is accredited.

(2) An institution that has requested a Certificate of Authorization but has not received final authorization from its accrediting agency may be granted a Conditional Certificate of Authorization. The Conditional Certificate of Authorization is an acknowledgment that the institution has qualified for an exemption from Board rules based on the main campus' accreditation and is authorized to offer degrees and courses that lead to a degree. The Conditional Certificate of Authorization will be authorized until such time as the institution is granted accreditation or for a period of one year, whichever occurs first. The conditions will be outlined in the Conditional Certificate of Authorization letter that will accompany the Conditional Certificate of Authorization. If accreditation has not been achieved by the expiration date the Conditional Certificate of Authorization will be withdrawn, the institution's authorization to offer degrees will be terminated, and the institution will be required to comply with the provisions of §7.8 of this chapter (relating to Institutions Not Accredited by a Board Recognized Accreditor).

(3) Grounds for Revocation of Certificate of Authorization.

(A) Institution loses accreditation from Board recognized accreditor.

(B) Institution's Accreditor is removed from the U.S. Department of Education or the Coordinating Board's list of approved accreditors.

(C) Institution fails to comply with data reporting or substantive change notification requirements.

(D) Institution offers degrees for which it does not have accreditor approval.

(4) Process for Removal of Authorization.

(A) Commissioner notifies institution of grounds for revocation as outlined in paragraph (3) of this section.

(B) 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 or alternate certificate of authority to grant degrees, or has received a determination that it did not lose its qualification for a certificate of authorization.

(C) 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, or submit data as required by §7.13 of this chapter.

(D) 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.

(E) 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).

(5) Closure of an Institution.

(A) The governing board, owner, or chief executive officer of an institution that plans to cease operation shall provide the Board with written notification of intent to close at least ninety (90) days prior to the planned closing date.

(B) If an institution closes unexpectedly, the governing board, owner, or chief executive officer of the school shall provide the Board with written notification immediately.

(C) If an institution closes or intends to close before all currently enrolled students have completed all requirements for graduation, the institution shall assure the continuity of students' education by entering into a teach-out agreement with another institution authorized by the Board to hold a Certificate of Authority, with an institution operating under a Certificate of Authorization, with a public two-year college, or with a public four-year university. The agreement shall be in writing, shall be subject to Board approval, shall contain provisions for student transfer, and shall specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees.

(D) The Certificate of Authorization for an institution is automatically withdrawn when the institution closes. The Commissioner may grant to an institution that has a degree-granting authority temporary approval to award a degree(s) in a program for which the institution does not have approval in order to facilitate a formal agreement as outlined under this section.

(E) The curriculum and delivery shall be appropriate to accommodate the remaining students.

(F) No new students shall be allowed to enter the transferred degree program unless the new entity seeks and receives permanent approval for the program(s) from the Board.

(G) The institution shall transfer all academic records pursuant to §7.5(d) of this chapter (relating to Administrative Penalties and Injunctions).

Comments

Source Note: The provisions of this §7.7 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152

§7.8: Institutions Not Accredited by a Board Recognized Accreditor

An institution which is not accredited by a board recognized accreditor and which does not meet the definition of institution of higher education contained in Texas Education Code, §61.003, must follow either the Certificate of Authority process or Alternative Certificate of Authority process in paragraphs (1) - (14) of this section in order to offer degrees or courses leading to degrees in the state of Texas. Institutions are encouraged to contact the Coordinating Board staff before filing a formal application.

(1) Certificate of Authority

(A) Eligibility--The Board will accept applications for a certificate of authority only from those institutions:

(i) proposing to offer a degree or credit courses alleged to be applicable to a degree; and

(ii) which meet one of the following conditions:

(I) Has been legally operating, enrolling students, and conducting classes in Texas and has complied with state law as a non degree-granting institution for a minimum of two (2) years;

(II) Has been legally operating, enrolling students, and conducting classes in Texas and has complied with state law as a degree-granting institution and wishes to open a new campus; or

(III) Has been legally operating as a degree-granting institution in another state for a minimum of four (4) years and can verify compliance with all applicable laws and rules in that state; or

(IV) Held an alternative certificate of authority for one year.

(B) To be considered by the Board to be operating, means to have assembled a governing board, developed policies, materials, and resources sufficient to satisfy the requirements for a certificate of authority, and either have enrolled students and conducted classes or accumulated sufficient financing to do so for at least one year upon certification based on reasonable estimates of projected enrollment and costs. Sufficient financing may be demonstrated by proof of an adequate surety bond, assignment of account, certificate of deposit, irrevocable letter of credit, or a properly executed participation contract with a private association, partnership, corporation, or other entity whose membership is comprised of postsecondary institutions, which is:

(i) In a form acceptable to the Board; and

(ii) Conditioned to provide indemnification to any student or enrollee of the school or his/her parent or guardian determined by the Board to have suffered loss of prepaid tuition or any fees as a result of violation of any minimum standard or as a result of a holder of a certificate of authority ceasing operation, and provides evidence satisfactory to the Board of its financial ability to provide such indemnification and lists the amount of surety liability the guaranteeing entity will assume.

(2) Application for Certificate of Authority.

(A) Applications must be submitted with an original and four (4) copies and accompanied by the fee described in paragraph (9) of this section.

(B) The application form for the certificate of authority may be found on the Coordinating Board's website.

(C) Documentary evidence of compliance with paragraph (1)(A)(ii) of this section must be filed with the application.

(D) Information regarding each degree or course leading to a degree which the institution proposes to offer.

(3) Authorization Process

(A) An institution must submit an application to the Coordinating Board to be considered for a Certificate of Authority to offer specific degree(s), and courses which may be applicable toward a degree, in Texas.

(B) Each institution must have either a letter of exemption or Certificate of Approval from the Texas Workforce Commission pursuant to Texas Education Code, Chapter 132.

(C) An institution must submit detailed information describing the manner in which the institution complies with each of the Standards of Operations of Institutions contained in §7.4 of this chapter (relating to Standards for Operations of Institutions).

(D) Institutions accredited by entities which are not recognized by the board must submit all accrediting agency reports and any findings and institutional responses to such reports and findings.

(E) Each institution must provide the required fee set by the Commissioner on a biennial basis which is necessary to cover the costs of the application review, site review team, and travel, meals, lodging and consulting fees for the review.

(F) Based upon the information contained in the application, the Commissioner or his/her designee shall determine whether a site review team is necessary.

(G) If a site review team is required, the Commissioner or his/her designee shall identify a site review team of no less than three individuals, all of whom have experience and knowledge in postsecondary education.

(H) An institution must be fully operational as of the date of the on-site evaluation; i.e., it must have in-hand or under contract all the human, physical, administrative, and financial resources necessary to demonstrate its capability to meet the standards for nonexempt institutions. The conditions found at the institution as of the date of the on-site evaluation visit will provide the basis for the visiting team's evaluation and report, the certification advisory council's recommendation, the Commissioner's recommendation, and the Board's determination of the institution's qualifications for a certificate of authority.

(I) The site review team shall conduct an onsite review of the institution and prepare a report regarding the institution's ability to meet the Standards of Operation.

(J) The institution shall have thirty (30) days in which to respond to the report.

(K) The Certification Advisory Council shall review the report and the institution's response and make a recommendation regarding disposition to the Commissioner.

(L) Upon receipt of the Council's recommendation, the Commissioner shall make his/her recommendation regarding the application to the Coordinating Board.

(M) After review of the Commissioner's and Council's recommendations, if the Coordinating Board approves the application, the Commissioner shall immediately have prepared a Certificate of Authority containing the issue date, a list of the approved degree(s) or courses leading to degrees, and the period for which the Certificate is valid.

(N) After review of the Commissioner's and Council's recommendations, if the Coordinating Board does not approve the application, the Commissioner shall immediately notify the institution of the denial and the reasons for the denial.

(O) Upon denial, the institution may not reapply for a period of one hundred eighty (180) days.

(4) Terms and Limitations of a Certificate of Authority.

(A) The certificate of authority to grant degrees is valid for a period of two (2) years from the date of issuance.

(B) Certification by the State of Texas is not accreditation, but merely a protection of the public interest while the institution pursues accreditation from a recognized agency, within the time limitations expressed in subparagraph (C) of this section. Therefore, the institution awarded a certificate of authority shall not use terms to interpret the significance of the certificate which specify, imply, or connote greater approval than simple permission to operate and grant certain specified degrees in Texas. Terms which may not be used include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended" by the State of Texas or agency thereof. Specific language prescribed by the Commissioner which explains the significance of the certificate of authority shall be included in all publications, advertisements, and other documents where certification and the accreditation status of the institution are mentioned.

(C) An institution may be granted consecutive certificates of authority for no longer than eight (8) years. Absent sufficient cause, at the end of the eight (8) years, the institution must be accredited by a board recognized accrediting agency.

(5) Institutions holding a Certificate of Authority will be Required to:

(A) furnish a list of their agents to the Board;

(B) maintain records of students enrolled, credits awarded, and degrees awarded, in a manner specified by the Board; and

(C) report any substantive change.

(6) Grounds for Revocation of Certificate of Authorization.

(A) Institution fails to comply with substantive change notification and data reporting requirements as outlined in §7.11 of this chapter (relating to Changes of Ownership and Other Substantive Changes) and §7.13 of this chapter (relating to Data Reporting), respectively.

(B) Institution offers degrees for which it does not have Board approval.

(C) Institution fails to maintain the Standards of Operation as defined in §7.4 of this chapter.

(D) Failure to comply with paragraph (3)(D) of this section.

(7) Revocation of Certificate of Authority to Offer Degrees in Texas.

(A) Board notifies institution of grounds for revocation as outlined in paragraph (6) of this section.

(B) 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, and/or submit data as required by §7.13 of this chapter.

(C) 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.

(D) 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).

(E) Until the certificate of authority is reinstated, the institution may not grant degrees or receive payments from students for courses which may be applicable toward a degree.

(8) Reapplication After Revocation of Certificate of Authority.

(A) The institution will not be eligible to reapply for a period of one hundred eighty (180) days.

(B) The subsequent application must show, in addition to all other requirements described herein, correction of the deficiencies which led to the denial.

(C) The period of time during which the institution does not hold a certificate of authority shall not be counted against the eight (8) year period within which the institution must achieve accreditation from a recognized accrediting agency absent sufficient cause, as described in paragraph (4)(C) of this section; the time period begins to run again upon reinstatement.

(9) Fees Related to Certificates of Authority.

(A) Certificates of Authority. Each biennium the Commissioner shall set the fee for initial and renewal applications for certificates of authority, which shall be equal to the average cost of evaluating the applications. The fee shall include the costs of travel, meals, and lodging of the visiting team and the Commissioner, or the Commissioner's designated representatives, and consulting fees for the visiting team members, if an onsite review is conducted.

(B) Each biennium, the Commissioner shall also set the fees for amendments to certificates of authority and certificates of registration of agents.

(C) The Commissioner shall report changes in the fees to the Board at a quarterly meeting.

(10) Renewal of Certificate of Authority.

(A) At least one hundred eighty (180) days, but no more than two hundred ten (210) days, prior to the expiration of the current certificate of authority, an institution, if it desires renewal, shall make application to the Board on forms provided upon request. Reports not previously submitted to the Board, related to the application for or renewal of accreditation by national or regional accrediting agencies shall be included. The renewal application shall be accompanied by the fee described in paragraph (9) of this section.

(B) The application for renewal of the certificate of authority will be evaluated in the same manner as that prescribed for evaluation of an initial application, except that the evaluation will include the institution's record of improvement and progress toward accreditation.

(C) An institution may be granted consecutive certificates of authority for no longer than eight (8) years. Absent sufficient cause, at the end of the eight (8) years, the institution must be accredited by a recognized accrediting agency.

(D) Subject to the restrictions of paragraph (3) of this section, the Board shall renew the certificate if it finds that the institution has maintained all requisite standards.

(11) Amendments to a Certificate of Authority.

(A) An institution which wishes to amend an existing program of study to award a new or different degree during the period of time covered by its current certificate may file an application for amendment, on forms provided by the Board upon request. An institution may begin operating such a program upon filing the application, and the application shall be deemed to be granted if not rejected by the Board within one hundred twenty (120) days.

(B) Applications for amendments shall be accompanied by the fee described in paragraph (9) of this section.

(C) Unless the Board finds that the new program of study does not meet the required standards, the Board shall amend the institution's certificate accordingly.

(D) A change of degree level would require an amended Certificate of Authority prior to beginning the program.

(12) Authority to Represent Transferability of Course Credit. Any institution as defined in §7.3 of this chapter (relating to Definitions), whether it offers degrees or not, may solicit students for and enroll them in courses on the basis that such courses will be credited to a degree program offered by another institution, provided that:

(A) the other institution is named in such representation, and is accredited by a recognized accrediting agency or has a certificate of authority;

(B) the courses are identified for which credit is claimed to be applicable to the degree programs at the other institution; and

(C) the written agreement between the institution subject to these rules and the accredited institution is approved by both institutions' boards of trustees in writing, and is filed with the Board.

(13) Closure of an Institution

(A) The governing board, owner, or chief executive officer of an institution that plans to cease operation shall provide the Board with written notification of intent to close at least ninety (90) days prior to the planned closing date.

(B) If an institution closes unexpectedly, the governing board, owner, or chief executive officer of the school shall provide the Board with written notification immediately.

(C) If an institution closes or intends to close before all currently enrolled students have completed all requirements for graduation, the institution shall assure the continuity of students' education by entering into a teach-out agreement with another institution authorized by the Board to hold a Certificate of Authority, with an institution operating under a Certificate of Authorization, or with a public two-year college. The agreement shall be in writing, shall be subject to Board approval, shall contain provisions for student transfer, and shall specify the conditions for completion of degree requirements at the teach-out institution. The agreement shall also contain provisions for awarding degrees.

(D) The Certificate of Authorization for an institution is automatically withdrawn when the institution closes. The Commissioner may grant to an institution that has a degree-granting authority temporary approval to award a degree(s) in a program for which the institution does not have approval in order to facilitate a formal agreement as outlined under this section.

(i) The curriculum and delivery shall be appropriate to accommodate the remaining students.

(ii) No new students shall be allowed to enter the transferred degree program unless the new entity seeks and receives permanent approval for the program(s) from the Board.

(14) Alternative Certificate of Authority. In lieu of the standard certificate of authority requirements for institutions and their agents described in paragraphs (1) - (13) of this section, an institution may obtain an alternative certificate of authority to issue degrees as provided by this subsection. Alternative certificates of authority shall be issued by the Commissioner and are temporary, being valid for twelve (12) months, after which a regular certificate of authority shall be required. A site visit shall be conducted by Board staff during the initial twelve month period.

(A) Surety Instrument Requirement. At the time application is made for an alternative certificate of authority, or when new programs, stand-alone courses or continuing education courses are added, the applicant shall file with the Board a surety bond or surety alternative which meets the requirements set forth in these sections. Schools located in Texas each shall file one bond or surety alternative covering the school and its agents.

(i) The amount of the bond or other allowable surety instrument submitted to the Board with an application for an alternative certificate of authority shall be equal to or greater than the cost of providing a refund, including administrative costs associated with processing claims, for the maximum prepaid, unearned tuition and fees of the school for a period or term during the applicable school year for which programs of instruction are offered, including, but not limited to, on a semester, quarter, monthly, or class basis; except that the period or term of greatest duration and expense shall be utilized for this computation where a school's year consists of one or more such periods or terms.

(ii) A school, whose surety value is found by the Board to be insufficient to fund the unearned, prepaid tuition of enrolled students, shall be noncompliant with these sections, and, if, after ten (10) working days from the issuance of a notice of noncompliance, the school has not increased its surety to an acceptable level, it shall be subject to revocation or suspension of its alternative certificate of authority.

(iii) Following the initial filing of the surety bond with the Board, the amount of the bond shall be recalculated annually based upon a reasonable estimate of the maximum prepaid, unearned tuition and fees received by the school for such period or term. In no case shall the amount of the bond be less than twenty-five thousand dollars ($25,000).

(iv) The institution shall include a proposal in the form of a letter signed by an authorized representative of the school showing in detail the calculations made pursuant to this section and explaining the method used for computing the amount of the bond or surety alternative.

(v) In order to be approved by the Board, a surety bond must be:

(I) An original bond;

(II) Executed by the applicant and by a surety company authorized to do business in Texas;

(III) In a form acceptable to the Board; and

(IV) Conditioned to provide indemnification to any student or enrollee of an in-state or out-of-state school or his/her parent or guardian determined by the Board to have suffered a loss of tuition or any fees as a result of violation of any minimum standard or as a result of a holder of an Alternative Certificate of Authority ceasing operation.

(vi) In lieu of a surety bond, an applicant may file with the Board an assignment of savings account that:

(I) Is in a form acceptable to the Board;

(II) Is executed by the applicant; and

(III) Is executed by a state or federal savings and loan association, state bank or national bank whose accounts are insured by a federal depositor's corporation.

(vii) In lieu of a surety bond, an applicant may file with the Board a certificate of deposit that:

(I) Is issued by a state or federal savings and loan association, state bank or national bank whose accounts are insured by a federal depositor's corporation;

(II) Is either:

(-a-) Payable to the Board;

(-b-) In the case of a negotiable certificate of deposit, is properly assigned without restriction to the Board; or

(-c-) In the case of a non-negotiable certificate of deposit, is assigned to the Board by assignment in a form satisfactory to the Board.

(viii) In lieu of a surety bond, an applicant may file with the Board an irrevocable letter of credit that:

(I) Is in a form acceptable to the Board; and

(II) Conditioned to provide indemnification to any student or enrollee of the school or his/her parent or guardian determined by the Board to have suffered loss of tuition or any fees as a result of violation of any minimum standard or as a result of a holder of an alternative certificate of authority ceasing operation.

(ix) In lieu of a surety bond, an applicant may file with the Board a properly executed participation contract with a private association, partnership, corporation or other entity whose membership is comprised of postsecondary institutions, which:

(I) Is in a form acceptable to the Board; and

(II) Conditioned to provide indemnification to any student or enrollee of the school or his/her parent or guardian determined by the Board to have suffered loss of prepaid tuition or any fees as a result of violation of any minimum standard or as a result of a holder of an alternative certificate of authority ceasing operation, and provides evidence satisfactory to the Board of its financial ability to provide such indemnification and lists the amount of surety liability the alternative entity will assume.

(x) Whenever these sections require a document to be executed by an applicant the following shall prevail:

(I) If the applicant is a corporation, the document must be executed by the president of the corporation or persons designated by the corporate board.

(II) If the applicant is a limited liability corporation the document must be executed by the members.

(III) If the applicant is a partnership, the document must be executed by all general partners.

(IV) If the applicant is an individual, the document must be signed by the individual.

(V) If the applicant is a state agency, the document must be signed by the Director of that Department.

(VI) If the applicant is a local government, the document must be signed by the mayor or board president.

(xi) Any bonding alternative entity must have independent financial resources necessary to meet the contractual obligation to the students of a failed member institution and resources equal to or exceeding the maximum bonds required of all single schools.

(xii) A school applying for an alternative certificate of authority shall be exempt from the surety instrument requirement if it can demonstrate a United States Department of Education composite financial responsibility score of 1.5 or greater on its current financial statement; or if it can demonstrate a composite score between 1.1 and 1.4 on its current financial statement and has scored at least 1.5 on a financial statement in either of the prior two (2) years.

(B) Application and Statement. Institutions seeking an alternative certificate of authority are urged to obtain informal guidance from Board staff before filing a formal application. The Board will accept applications for an alternative certificate of authority only from those institutions proposing to offer a degree or credit courses alleged to be applicable to a degree.

(C) An institution seeking an alternative certificate of authority shall submit to the Board a completed application, which must demonstrate it meets, or has the ability to meet, depending on circumstances, the standards set out in §7.4 of this chapter; a signed and dated affirmation statement, acknowledging compliance with certification criteria set forth in this section; and a notarized attestation statement signed by the chief executive officer or equivalent. The application form shall contain:

(i) The name and address of the institution and its purpose;

(ii) The names of the sponsors or owners of the institution;

(iii) The regulations, rules, constitutions, bylaws, or other regulations established for the government and operation of the institution;

(iv) The names and addresses of the chief administrative officer, the principal administrators, and each member of the board of trustees or other governing board;

(v) The names of faculty who have been retained, their area(s) of teaching, and their degrees held;

(vi) The types of degrees to be awarded and a list of courses that may be included in each degree program; and

(vii) The location of any facilities maintained or being constructed and a list of potentially hazardous equipment which requires a federal or state government license to operate, if any has been acquired, that is to be used by students in the teaching process.

(D) Institutions shall certify that they maintain a list of their agents as defined in §7.3 of this chapter and have policies to ensure that their agents are of good character and provide accurate information to prospective students and their families, but such agents are not required to register with the Board or submit a fee.

(E) Applications must be submitted with an original and four copies and accompanied by the required fee. Alternative certificate of authority fees shall be five hundred dollars ($500) more than the fee for a regular certificate of authority, as established in paragraph (9) of this section.

(F) Board's Review of Applications.

(i) Within ninety (90) days of receipt of a complete application, Board staff will review said application and recommend to the Commissioner either approval or denial of the application.

(ii) Within one hundred twenty (120) days of receipt of a complete application, the Commissioner shall either award a one-year alternative certificate of authority or deny the application.

(iii) 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.

(G) Terms and Limitations of an Alternative Certificate of Authority.

(i) The alternative certificate of authority to grant degrees is valid for one (1) year from the date of issuance.

(ii) The institution shall notify the Board at least ten (10) working days prior to the start of the first class of its first year schedule. Board staff shall visit the institution and interview both staff and students at least once during the first year.

(iii) Certification by the State of Texas is not accreditation, but merely a protection of the public interest while the institution pursues accreditation from a recognized agency, within the time limitations expressed in paragraph (10)(C) of this section. An institution awarded an alternative certificate of authority shall not use terms to interpret the significance of the certificate which specify, imply, or connote greater approval than simple permission to operate and grant degrees in Texas. Terms which may not be used include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended" by the State of Texas or agency thereof. Specific language prescribed by the Commissioner which explains the significance of the alternative certificate of authority shall be included in all publications, advertisements, and other documents where certification and the accreditation status of the institution are usually mentioned, including the institution's catalog and the home page of the institution's Internet website.

(iv) Approval of the application grants the institution the authority to award degrees or to enroll students for courses that may be applicable toward a degree only for those programs approved by the Alternative Certificate of Authority. Separate program approval shall be required for each associate degree program in accordance with this chapter.

(v) The Commissioner may revoke an institution's alternative certificate of authority to grant degrees at any time if the Commissioner finds that:

(I) Any statement contained in an application for the certificate is untrue;

(II) The institution has failed to maintain the standards of the Board, as described herein, on the basis of which the certificate was granted;

(III) Advertising or representations made on behalf of the institution is deceptive or misleading;

(IV) The institution has offered degrees or courses leading to degrees for which they have not been approved in an Alternative Certificate of Authority; or

(V) The institution has violated any provision of this subchapter.

(H) Continuing Operations after One Year.

(i) At least one hundred eighty (180) days, but no more than two hundred ten (210) days, prior to the expiration of the current alternative certificate of authority, an institution, if it desires to continue operations, shall make application to the Board following the process in paragraph (10) of this section.

(ii) The application will be evaluated in the same manner as that prescribed for evaluation of an initial application.

§7.9: Religious Institutions Offering Degrees in Religious Disciplines

The Texas Higher Education Coordinating Board does not regulate Religious Institutions of Higher Education which offer degrees only in religious disciplines.

(1) A religious institution which would like to offer a degree program or courses leading to a degree in a religious discipline may request a letter from the Coordinating Board indicating that no approval from the Coordinating Board is required.

(2) A religious institution which would like to offer a degree program or courses leading to degree in a non-religious discipline must follow the requirements in Coordinating Board Rules §7.7 of this chapter (relating to Institutions Accredited by Board Recognized Accreditors) or §7.8 of this chapter (relating to Institutions Not Accredited by a Board Recognized Accreditor).

Comments

Source Note: The provisions of this §7.9 adopted to be effective December 6, 2009, 34 TexReg 8515

§7.10: Registration of Agents

(a) Application for Registration--An agent as defined in §7.3(4) of this chapter (relating to Definitions) shall submit an application to the Texas Higher Education Coordinating Board in the following manner:

(1) The application shall be accompanied by the fee described in §7.8(9) of this chapter (relating to Institutions Not Accredited by a Board Recognized Accreditor).

(2) Upon request of the Commissioner or the Commissioner's designee, the agent shall provide sufficient evidence of good character.

(3) The agent's certificate of registration shall be issued for a five-year period.

(4) If the Commissioner denies the application for a certificate of registration, or a renewal of the certificate of registration, the applicant shall be notified in writing, and shall be given the reasons for the denial. Additionally, the Commissioner shall notify the institution or institutions which the agent represented or proposed to represent, according to the records of the Board, in the same manner.

(5) At least sixty (60), but no more than one hundred twenty (120), days prior to the expiration of an agent's certificate, the agent shall complete and file with the Board an application for renewal, accompanied by the registration fee described in §7.8(9)of this chapter.

(6) If a determination under this section is adverse to a person or institution, it shall become final and binding unless, within forty-five (45) days of the receipt of the adverse determination, the person or institution invokes the administrative remedies contained in Chapter 1, Subchapter B of this title (relating to Dispute Resolution).

(b) Revocation of Registration--The Commissioner may revoke an agent's certificate of registration at any time if the Commissioner finds that:

(1) Any statement contained in the application is untrue;

(2) The institution represented has had its certificate of authority revoked;

(3) The agent has made false, deceptive, or misleading statements while attempting to solicit residents of this state as students; or

(4) The agent has violated any provision of this subchapter.

(c) Notice of Revocation--Notice under subsection (b) of this section shall be given to the agent and to the institution that the agent represented or purported to represent. Immediately upon receipt of actual knowledge of the agent's violation, or upon receipt of the Commissioner's notice, whichever is earlier, the institution shall make every effort to:

(1) divest the agent of the authority and of the apparent authority to represent the institution;

(2) notify the media through which the agent made the misrepresentations of the actual facts; and

(3) notify all students whose decision to enroll in the institution was affected by the agent's misrepresentation, of the actual facts.

(d) Administrative Remedies--A revocation made pursuant to this section shall become final and binding unless, within forty-five (45) days of its receipt of the notice of revocation, the institution or agent invokes the administrative remedies contained in Chapter 1, Subchapter B of this title.

Comments

Source Note: The provisions of this §7.10 adopted to be effective December 6, 2009, 34 TexReg 8515

§7.11: Changes of Ownership and Other Substantive Changes

(a) Change of Ownership or Control for Career Schools and Colleges. In the event of a change in ownership or control of a career school or college, the certificate of authority is automatically withdrawn unless the institution meets the requirements of this section.

(b) The Commissioner may authorize the institution to retain the certificate of authority during and after a change of ownership or control, provided that the institution notifies Board staff of the impending transfer in time for staff to receive, review, and approve the documents listed in paragraphs (1) - (3) of this subsection and provided that the following conditions are met:

(1) The institution must submit acceptable evidence that the new owner is complying with all Texas Workforce Commission requirements regarding the purchase or transfer of ownership of a career school or college;

(2) The institution must submit an acceptable written statement of assurance that the new owner understands and undertakes to fully comply with all applicable Board rules, regulations, and/or policies; and

(3) The institution must submit satisfactory evidence of financial ability to adequately support and conduct all approved programs. Documentation shall include but may not be limited to independently audited financial statements and auditor's reports.

(c) If the institution does not meet the conditions outlined under this section prior to completion of transfer of ownership or control and the institution loses its certificate of authority, the new owner(s) shall submit a new application for a certificate of authority as outlined under §7.8 of this chapter (relating to Institutions Not Accredited by a Board Recognized Accreditor).

(d) Any modification of an approved degree program that results from a change of ownership or control constitutes a program revision. Requests for approval of program revisions shall conform to the procedures and requirements contained in §7.8(11) of this chapter.

(e) If the ownership or control of a career school or college is transferred within, among, or between different subsidiaries, branches, divisions, or other components of a corporation and if said transfer in no way diminishes the career school or college's administrative capability or educational program quality, the Commissioner may permit the school to retain its certificate of authority during the transfer period. In such cases, the career school or college shall fully comply with all provisions outlined in this section.

Comments

Source Note: The provisions of this §7.11 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152

§7.12: Review and Use of Degrees from Institutions Not Eligible for Certificates of Authority

(a) A person holding a degree from an institution that is not eligible to receive a certificate of authority may request a letter from the Board confirming that the institution is not eligible for a certificate of authority and providing the procedures for review and approval of the degree for use in Texas. The Board shall send a copy of the letter to the institution.

(b) Procedures for Review and Approval.

(1) An institution that confers a degree described in §7.3(24)(B) or (C) of this chapter (relating to Definitions), may request that the Board review and approve for use in Texas that degree, as provided in those sections. The person or institution shall submit the request on a form created by the Board.

(2) The Commissioner shall apply the standards provided in §7.5 of this chapter (relating to Administrative Penalties and Injunctions) to determine if the degrees awarded by a person or institution are equivalent to degrees granted by a private postsecondary educational institution or other person holding a certificate of authority from the Board.

(3) The Commissioner, or the Commissioner's designated representatives, and an ad hoc team of independent consultants, if the Commissioner finds that such a team would provide a benefit to the Board or to the institution, shall visit the institution and conduct an on-site survey to evaluate the application for review and approval. The visiting team shall be composed of people who have experience on the faculties or staffs of accredited institutions and who possess knowledge of accreditation standards.

(4) The Board shall charge the person or institution petitioning for review and approval a fee equal to the application fee for a certificate of authority or the actual cost of conducting the review, including travel expenses and cost of consultant fees, whichever is greater.

Comments

Source Note: The provisions of this §7.12 adopted to be effective December 6, 2009, 34 TexReg 8515

§7.13: Data Reporting

The institutions shall provide to the Board annually, in a form established by the Board, student records of the type specified in §7.4(19) of this chapter (relating to Standards for Operation of Institutions).

Comments

Source Note: The provisions of this §7.13 adopted to be effective December 6, 2009, 34 TexReg 8515

Chapter 8

Subchapter A

§8.1: Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Appropriate Authorities (for the purposes of certification of the petition)--The independent school district board of trustees, county school board or boards, or commissioners' court or courts as outlined under §8.30 of this title (relating to Legality of the Petition).

(2) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(3) Branch Campuses of Community College Districts--Operate as out-of-district units of existing community college districts and provide programs as defined in Texas Education Code, Chapter 130 and set out in §8.25 of this title (relating to Provisions Applicable to Each Type of District) on an ongoing and permanent basis.

(4) Certificate Programs--Workforce programs designed for entry-level employment or for upgrading skills and knowledge within an occupation. Certificate programs serve as building blocks and exit points for associate of applied science degree programs.

(5) Commissioner of Higher Education or Commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.

(6) Continuing Education Unit or CEU--Ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education.

(7) Extension Center or Extension Facility--Any single or multiple location other than the main campus of a community college district and outside the boundaries of the taxing authority of a community college district. Extension centers and extension facilities are subject to Chapter 4, Subchapter E. of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities).

(8) Full-time Equivalent Students (FTE)--The total number of semester credit hours reported by an institution for a long term divided by 15 semester credit hours, or total reported annually divided by 30; and for continuing education courses, the total number of contact hours reported quarterly by an institution divided by 300, or total reported annually divided by 900.

(9) Governing Board--The body charged with policy direction of any public community college district, the technical college system, public state college, public senior college or university, or other educational agency, including but not limited to boards of directors, boards of regents, boards of trustees, and independent school district boards.

(10) Gross Fiscal Mismanagement--Includes:

(A) failure to keep adequate fiscal records;

(B) failure to maintain proper control over assets;

(C) failure to discharge fiscal obligations in a timely manner; and

(D) misuse of state funds.

(11) Inactive Public Community College--A public community college district that has failed to establish and maintain a community college within three years from the date of its authorization.

(12) Public Community College--Any public junior college or public community college as defined in Texas Education Code, §§61.003 and 130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §§130.0011 and 130.003.

(13) Scholastic Population of a Proposed Community College District--All students enrolled in K-12 for the area to be included in the district.

(14) State Conservatorship Board--Appointed by the Governor with the consent of the Senate and has the authority, when appointed as conservator of an agency, to:

(A) terminate the employment of any employee whose conduct the board determines contributed to the condition that caused the conservatorship;

(B) employ personnel for the agency;

(C) change the agency's organization or structure as necessary to alleviate the conditions that caused the conservatorship; and

(D) contract with persons for management or administrative services necessary to effect the conservatorship.

(15) Technical Courses or Programs--Workforce education courses or programs for which semester/quarter credit hours are awarded.

(16) Vocational Courses or Programs--Workforce education courses or programs for which continuing education units (CEUs) are awarded.

(17) Workforce Continuing Education Course--A course offered for continuing education units (CEUs) with an occupationally specific objective and supported by state funding. A workforce continuing education course differs from a community service course offered for recreational or avocational purposes and is not supported by state funding.

(18) Workforce Education--Technical courses and programs for which semester/quarter credit hours are awarded, and vocational courses and programs for which continuing education units are awarded. Technical and vocational courses and programs prepare students for immediate employment or job upgrade within specific occupational categories.

Comments

Source Note: The provisions of this §8.1 adopted to be effective June 2, 1998, 23 TexReg 5668; amended to be effective May 25, 2004, 29 TexReg 5059

Subchapter B

§8.21: Purpose

This subchapter outlines the process the Coordinating Board shall use in determining the need for a new public community college district, and provides specific procedures communities are to follow in requesting approval from the Board for the creation of a public community college district and the holding of an election to establish the district.

Comments

Source Note: The provisions of this §8.21 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.22: Authority

Texas Education Code, §§61.051(b)(c), 61.053, 61.060, 61.061, 61.062, 130.001, 130.003, and 130.004, and Chapter 130, Subchapter B and C, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the creation of public community college districts. The provisions direct the Board to determine the need for the public community college district and the ability of the jurisdiction to provide adequate local financial support. The Board shall determine whether programs in the proposed institution will create unnecessary duplication or seriously harm programs in existing community college districts. The Board must consider the needs and welfare of the state as a whole, as well as the welfare of the community involved, when authorizing the creation of a community college district.

Comments

Source Note: The provisions of this §8.22 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.23: A Community College District Coextensive with an Independent School District or a Union Community College District

(a) A community college district may be established by:

(1) any independent school district or city which has assumed control of its schools;

(2) any city which has assumed control of its schools;

(3) two or more contiguous common school districts; or

(4) a combination composed of one or more independent schools districts with one or more common school districts of contiguous territory.

(b) The proposed community college district must have a minimum assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5 billion and a total scholastic population of not less than 15,000 in the school year preceding the date of the Letter of Intent as set out in §8.27 of this title (relating to Application Procedures) for the proposed community college district. A petition for an election to create a district of this type must be signed by not less than 10% of the qualified voters in the proposed district.

Comments

Source Note: The provisions of this §8.23 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.24: A Single-County or a Joint-County Community College District

(a) A county community college district may be established by any county in the state. The proposed community college district must have a minimum assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5 billion, and a total scholastic population of not less than 15,000 in the school year preceding the date of the Letter of Intent as set out in §8.27 of this title (relating to Application Procedures) for the proposed community college district. A petition for an election to create a district of this type must be signed by not less than 10% of the qualified voters of the county.

(b) A joint-county community college district may be established by any combination of contiguous counties in the state. The proposed community college district must have a minimum assessed valuation (as defined in the Texas Tax Code, Chapter 1, §1.004) of not less than $2.5 billion, and a total scholastic population of not less than 15,000 in the school year preceding the date of the Letter of Intent as set out in §8.27 of this title (relating to Application Procedures) for the proposed community college district. A petition for an election to create a district of this type must be signed by not less than 10% of the qualified voters of each of the counties in the proposed district.

Comments

Source Note: The provisions of this §8.24 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.25: Provisions Applicable to Each Type of District

The following additional provisions are applicable to each type of proposed community college district:

(1) The proposed community college must be planned as a comprehensive two-year institution primarily serving its local taxing district and service area (as defined in the Texas Education Code, Chapter 130, Subchapter J), offering:

(A) technical programs up to two years in length leading to associate degrees or certificates;

(B) vocational programs leading directly to employment in semi-skilled and skilled occupations;

(C) freshman and sophomore courses in arts and sciences, including the state-mandated core curriculum;

(D) continuing adult education programs for occupational or cultural upgrading;

(E) compensatory education programs designed to fulfill the commitment of an admissions policy allowing the enrollment of disadvantaged students;

(F) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals;

(G) workforce development programs designed to meet local and statewide needs;

(H) adult literacy and other basic skill programs for adults; and

(I) such other programs as may be prescribed by the Coordinating Board or local governing boards in the best interest of postsecondary education in Texas.

(2) Substantial evidence must be presented indicating that the proposed community college shall reach a minimum enrollment of 1,000 full-time equivalent students within three years of the date of its authorization.

(3) Evidence must be given that the proposed community college district shall be eligible to receive a proportionate share of the legislative appropriation for public community colleges. Eligibility criteria for legislative appropriations are set out in Texas Education Code, §130.003.

Comments

Source Note: The provisions of this §8.25 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.26: Creation of a Local Steering Committee

(a) A local group of citizens interested in establishing a community college district shall appoint a Steering Committee of at least seven citizens to provide leadership on behalf of the community college effort.

(b) The Steering Committee shall be composed of a cross-section of the population in the area, with representation from major civic groups and business and industry. A chair, co-chair, and secretary shall be appointed, along with any other officers who may be of assistance to the committee. Where the proposed community college district is to be coextensive with the independent school district, the local board of trustees may serve as the Steering Committee.

(c) The duties of the Steering Committee shall include the following:

(1) serve as liaison between the local community and the Board;

(2) be responsible for conducting a feasibility study and survey of the needs and potential for a community college district in the area;

(3) provide information to the community which, at a minimum, describes the role, mission, and purpose of a public community college;

(4) summarize and evaluate the results of the feasibility study and survey and formulate conclusions for submission to the Commissioner;

(5) prepare and circulate a petition for an election to establish a community college district; and

(6) present the appropriately signed petition as set out in §8.30(a) of this title (relating to Legality of the Petition) for certification in compliance with the Texas Education Code, §§130.012, or 130.033, 130.034, and 130.035.

Comments

Source Note: The provisions of this §8.26 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.27: Application Procedures

The Steering Committee shall file a Letter of Intent with the Commissioner as soon as practicable, but no less than six months prior to the quarterly Board meeting at which the Steering Committee elects to submit the certified petition and a request for approval to hold an election.

Comments

Source Note: The provisions of this §8.27 adopted to be effective June 2, 1998, 23 TexReg 5669.

§8.28: Conduct of a Local Feasibility Study and Survey

(a) A local feasibility study consisting of a survey of need, potential student clientele, and financial ability shall be carried out under the auspices of the Steering Committee. This feasibility study may be conducted either by the Steering Committee or by professionals.

(b) Board staff shall offer advice and technical assistance to the Steering Committee under the direction of the Commissioner. When the feasibility study is conducted by a professional individual or research organization, the Steering Committee shall fully advise the Commissioner prior to initiating the study.

(c) The feasibility study shall be made in consultation with the Board staff and, upon completion, be submitted to the Commissioner. The Commissioner, in consultation with Board staff, shall determine if further documentation or clarification is needed to supplement the information presented in the feasibility study.

(d) The feasibility study shall be reviewed by the Board, along with other information it deems appropriate, in determining whether the criteria as set out in §8.32 of this title (relating to Standards and Board Procedure for Approval) have been met.

Comments

Source Note: The provisions of this §8.28 adopted to be effective June 2, 1998, 23 TexReg 5669.

§8.29: Circulation of the Petition

(a) The Steering Committee shall be responsible for the circulation of a petition for authorization of an election to establish a community college district. At a minimum, the petition shall include: the amounts of proposed bonds, bond tax rate ceiling to be proposed, and maintenance tax limits (not to exceed the limits provided in the Texas Education Code, §130.122) that shall appear on the ballot in the event an election is authorized.

(b) The petition must incorporate all requirements as set forth in the Texas Election Code, Chapter 277.

Comments

Source Note: The provisions of this §8.29 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.30: Legality of the Petition

(a) After the petition has been circulated among the electorate and has been signed by not less than 10% of the qualified electors of the proposed district, the petition shall be verified by the appropriate authorities who have the duty of verifying the legality of the petition.

(1) In the case of community college district coextensive with an independent school district or city which has assumed control of its school, the petition shall be presented to the school district's board of trustees.

(2) In the case of a union, single-county, or joint county community college district, the petition shall be presented to the county school board if the proposed district encompasses a single county, or county school boards of the respective counties if the proposed district encompasses more than one county. If there is no county school board or school boards, the petition shall be presented to the commissioners' court(s) of the county or counties involved.

(b) It shall be the duty of the appropriate authorities to pass upon the legality of the petition and the genuineness of the same.

Comments

Source Note: The provisions of this §8.30 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.31: Presentation of the Certified Petition to the Board

(a) When the petition has been certified, it shall be presented by the appropriate authorities to the Commissioner who then shall present it to the Board.

(b) After the petition and any additional documentation or information are presented to the Commissioner, a minimum of 90 days must elapse between the date on which the petition and supporting documents are received by the Commissioner and the quarterly meeting of the Board when the petition will be considered.

Comments

Source Note: The provisions of this §8.31 adopted to be effective June 2, 1998, 23 TexReg 5669.

§8.32: Standards and Board Procedure for Approval

(a) The Texas Education Code, §130.013 and §130.036, requires the Board to consider the needs and the welfare of the state as a whole, the geographic location of existing colleges, as well as the welfare of the community involved, before authorizing an election to create a new community/junior college district. The Board shall determine whether programs in a proposed community/junior college district will create unnecessary duplication or seriously harm programs in existing community/junior college districts.

(b) The Board shall apply the following criteria when considering the creation of a new community/junior college district:

(1) Demographic and economic characteristics of the proposed district, such as:

(A) population trends by age group;

(B) economic development trends and projections; and

(C) employment trends and projections (supply-demand data).

(2) Potential student clientele, including:

(A) educational levels by age group; and

(B) college-bound data (i.e., trends by age group).

(3) The financial status of the proposed district and the state as a whole, including:

(A) any projected growth or decline in the tax base; and

(B) trends in state appropriations for community/junior colleges and other institutions of higher education.

(4) Projected programs and services based on economic and population trends.

(5) Proximity and impediments to programs and services of existing institutions of higher education, such as:

(A) identification of institutions of higher education, including branch campuses, extension centers, or extension facilities, that could be affected by a new community/junior college;

(B) pursuant to Texas Education Code, §130.086(f), provision for discontinuation of a branch campus, extension center, or extension facility by an existing community/junior college district to include fair compensation for the community/junior college district that discontinues the branch campus, extension center, or extension facility;

(C) documentation of existing programs and services:

(i) on the campuses of nearby institutions of higher education;

(ii) available to citizens within a 50-mile radius of the proposed district; and

(iii) offered in the proposed district by existing institutions of higher education;

(D) financial limitations on existing institutions of higher education inhibiting the offering of programs and services in the proposed district;

(E) availability of facilities, libraries, and equipment for institutions to offer classes in the proposed district;

(F) distance and traffic patterns to existing institutions of higher education;

(G) effect on enrollment of existing institutions of higher education; and

(H) effect on financing of existing institutions of higher education.

(6) Alternative approaches to meeting the need for educational services in the proposed community/junior college district include, but are not limited to:

(A) out-of-district classes offered in the district by existing institutions of higher education;

(B) transportation of students to nearby institutions of higher education; and

(C) contract programs and services from combinations of institutions of higher education.

(c) The Board's Committee on Community and Technical Colleges may conduct one or more public hearings in the proposed district to:

(1) assess public sentiment regarding creation of the district;

(2) determine whether programs in the proposed district would create unnecessary duplication or seriously harm programs in existing community/junior college districts or other institutions of higher education in the area; and

(3) assess the potential impact of the proposed district on existing community/junior colleges or other institutions of higher education in the area and on the State of Texas.

(d) After the feasibility study and other documentation and information have been reviewed by the Committee on Community and Technical Colleges and Board staff, a report from the Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in §8.32 of this title (relating to Standards and Board Procedure for Approval) have been met. The report shall also include a recommendation for approval or denial of the request for approval to hold an election to create a public community/junior college district, but shall not be binding on the Commissioner or the Board.

Comments

Source Note: The provisions of this §8.32 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective December 26, 1999, 24 TexReg 11320

§8.33: Action and Order of the Board

(a) Board action on the request for approval to hold an election to create a public community college district shall be taken at the next quarterly Board meeting. In making its decision, the Board shall consider the needs of the community, the potential impact on other institutions of higher education, and the welfare of the state as a whole.

(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the Steering Committee.

Comments

Source Note: The provisions of this §8.33 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.34: Calling the Election; Submission of Questions

If the Board authorizes an election to establish a community college district, it shall then be the duty of the district or city school board or the commissioners' court or courts to enter an order for an election to be held in the proposed district at the next authorized election date as provided in the Texas Election Code, §41.001, to determine whether or not such community college district be created and formed, and to submit the questions of issuing bonds and levying bond taxes, and levying maintenance taxes in the event the district is created. The order shall contain a description of the independent school district or districts, county or counties whose boundaries shall be coextensive with the community college district to be formed, and fix the date of the election.

Comments

Source Note: The provisions of this §8.34 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.35: Election

A majority of the electors in the proposed district, voting in the election, shall determine the question of creation of the community college district submitted in the order, the election of the original trustees, and the questions of issuing bonds and levying taxes. A majority of the electors voting in such election shall determine such questions submitted in the order.

Comments

Source Note: The provisions of this §8.35 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.36: Resubmissions of Applications

Should an election to create a new community college district fail, a period of 12 months must elapse before resubmission of the proposition to the Board. The Board shall require a strong showing of need and unusual circumstances before approving resubmission before the 12 months have elapsed.

Comments

Source Note: The provisions of this §8.36 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

Subchapter C

§8.51: Purpose

This subchapter sets out the procedures for dissolution by the Coordinating Board of an inactive community college district which has failed to maintain or establish a community college within three years from the date of its authorization.

Comments

Source Note: The provisions of this §8.51 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.52: Authority

This subchapter is adopted pursuant to authority in Texas Education Code, §§61.060, 61.061, 61.062, and 130.001.

Comments

Source Note: The provisions of this §8.52 adopted to be effective June 2, 1998, 23 TexReg 5669.

§8.53: Initiation of Consideration of Action

(a) An action to dissolve an inactive public community college district may be initiated:

(1) by the Commissioner of Higher Education;

(2) by petition signed by ten or more voting-eligible citizen residents in the district and delivered to the Commissioner;

(3) by a member of the Texas Legislature; or

(4) by any other party or individual authorized by the Commissioner.

(b) The Commissioner shall provide timely written notice of an action to dissolve an inactive public community college district to the chair of the governing board of the district.

Comments

Source Note: The provisions of this §8.53 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.54: Action by the Board

(a) At its next scheduled meeting following initiation of an action to dissolve an inactive district, the Coordinating Board may pass a resolution dissolving the inactive public community college district. The resolution must set forth:

(1) the legal history of the district, including the date of authorization, period of inactivity, and dissolution;

(2) the outstanding obligations of the district, if any, of which the Board has knowledge;

(3) the territory of the district; and

(4) the cause in dissolution.

(b) The resolution dissolving the inactive public community college district shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board or responsible officials of the affected district.

Comments

Source Note: The provisions of this §8.54 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.55: Protest; Notice of Protest

(a) Written protest of an action to dissolve an inactive public community college district must be delivered to the Commissioner and may be made by:

(1) any voting-eligible citizen resident in the inactive district;

(2) any person, business, corporation, or governmental body holding bonds, debts, or valid contracts with the district;

(3) any member of the Coordinating Board; or

(4) any member of the governing board of the inactive district.

(b) Notice of protest must be sent to the Commissioner within 30 days after the date of the quarterly Coordinating Board at which the resolution to dissolve the inactive community college district was passed. If no timely protest is received, the resolution shall become final without further Board action on the 31st day after the quarterly board meeting at which the resolution was passed.

Comments

Source Note: The provisions of this §8.55 adopted to be effective June 2, 1998, 23 TexReg 5669; amended to be effective May 25, 2004, 29 TexReg 5060

§8.56: Action and Order of the Board

(a) If a timely protest is made to the Commissioner, the Board shall consider it at its next quarterly meeting following filing of the notice of protest. The Board may:

(1) hear cause for not dissolving the district;

(2) delay consideration until all affected parties have been heard;

(3) abandon consideration of the matter without action; or

(4) affirm the dissolution.

(b) The Board's decision regarding the protest shall be recorded in the minutes of the meeting and notice of the decision shall be sent by the Commissioner to the party filing the protest and to the chair of the governing board of the district.

Comments

Source Note: The provisions of this §8.56 adopted to be effective June 2, 1998, 23 TexReg 5669.

Subchapter D

§8.71: Purpose

This subchapter provides rules and regulations for requesting approval from the Coordinating Board to establish, authorize, and operate a branch campus.

Comments

Source Note: The provisions of this §8.71 adopted to be effective August 23, 1998, 23 TexReg 8427.

§8.72: Authority

Texas Education Code, §§61.051(c), 61.053, 61.061, 61.062(c)-(d), 130.001(b)(3)-(4), 130.086, and 130.087, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules to define, establish, and authorize a branch campus and to provide rules and regulations for a public community college district to operate such a campus.

Comments

Source Note: The provisions of this §8.72 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060

§8.73: Provisions for Conversion of an Out-of-District Extension Center or Extension Facility to a Branch Campus

The governing board of a community college district may establish and operate a branch campus through conversion of an extension center or extension facility, provided that each course and program has been approved and is subject to the continuing approval of the Coordinating Board.

Comments

Source Note: The provisions of this §8.73 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060

§8.74: Application and Approval Procedures

(a) The governing board of a community college district requesting authority to convert an out-of-district center/facility to a branch campus must submit a Letter of Application to the Commissioner.

(b) A self-study must be performed by the district to assess whether the proposed branch campus meets the criteria outlined below. The self-study and the extension center or extension facility shall be reviewed by a Board-appointed team, a majority of which should be community college presidents, for the purposes of documenting that it meets the following standards and criteria for quality instruction and support services, as required by the Commission on Colleges of the Southern Association of Colleges and Schools and Coordinating Board rules and regulations:

(1) Role and Mission; Purpose. In its program aspects, a branch campus shall be equivalent to a public community college. Therefore, the branch campus must provide:

(A) technical programs up to two years in length leading to associate degrees or certificates;

(B) vocational programs leading directly to employment in semi-skilled and skilled occupations;

(C) freshman and sophomore courses in arts and sciences, including the state-mandated core curriculum;

(D) continuing adult education programs for occupational or cultural upgrading;

(E) compensatory education programs designed to fulfill the commitment of an admissions policy allowing enrollment of disadvantaged students;

(F) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals;

(G) work force development programs designed to meet local and statewide needs;

(H) adult literacy and other basic skills programs for adults; and

(I) such other purposes as may be prescribed by the Coordinating Board or local governing boards in the best interest of postsecondary education in Texas.

(2) Programs and Courses. All courses, programs, and degrees shall be offered in the name of the parent district, and shall be subject to the following criteria:

(A) Courses and programs must meet the role, mission, and purposes described in paragraph (1) of this subsection.

(B) Courses and programs must be developed and operated with the on-going assistance and involvement of the parent district faculty and staff.

(C) Instructional faculty credentials, full-time/part-time faculty ratios, teaching loads, faculty performance evaluation and effectiveness, student accessibility to faculty, etc., must be reviewed to ensure that these elements contribute to the quality of courses and programs offered.

(3) Description of Staffing Plan. There must be sufficient academic and student support staff to meet the needs of faculty and students at the branch campus.

(4) Funding.

(A) The branch campus shall be supported either by means of a branch campus maintenance tax as set forth in Chapter 8, Subchapter E, of this title (relating to Branch Campus Maintenance Tax), or by local sources of community and/or economic support.

(B) If a local tax is not levied, local sources of support must be furnished at a level sufficient to provide adequate facilities needed at the proposed branch campus location. "Facilities" include the operation and maintenance of the physical plant including any rehabilitation and repairs. Local sources of support may be "in kind."

(C) Appropriate accounts which comply with generally accepted accounting principles for the branch campus must be kept and financial reports submitted as required for community college districts.

(D) State aid shall be earned according to appropriated formula rates.

(5) Regional Higher Education Council Review and Certification. The Regional Higher Education Council within which the proposed branch campus is to be located must review the branch campus request only if the proposed branch campus is within a shared service area designated by statute. Member institutions must discuss the proposal with all Councils affected and the minutes shall reflect the discussions. If appropriate, a recommendation for approval or disapproval shall be submitted to the Commissioner, but shall not be binding on the Commissioner or the Board.

(c) The Board's Committee on Institutional Effectiveness and Excellence may conduct one or more public hearings on the proposed branch campus to:

(1) assess public sentiment regarding the proposed branch campus;

(2) determine whether programs in the proposed branch campus will create unnecessary duplication or seriously harm programs in existing community college districts or other institutions of higher education in the area; and

(3) assess the potential impact of the proposed branch campus on existing community colleges or other institutions of higher education in the area and on the State of Texas.

(d) After the self-study as outlined in subsection (b) of this section, has been reviewed and a site visit conducted by Board staff, a report from the Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in subsection (b) of this section, have been met. The report shall include a recommendation for approval or denial of the request for the establishment of the proposed branch campus, but shall not be binding on the Commissioner or the Board.

Comments

Source Note: The provisions of this §8.74 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060

§8.75: Action and Order of the Board

(a) Board action on the request for approval for establishment of the branch campus shall be taken at the next regularly scheduled quarterly Board meeting. In making its decision, the Board shall consider the needs of the district, the needs of the community served by the proposed branch campus, the potential impact on other institutions of higher education, and the welfare of the state as a whole.

(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board of the community college district.

(c) Branch campus designation shall be used only upon approval by the Board.

(d) If the Board approves establishment of a branch campus, the governing board of the community college district may accept or acquire by purchase or rent land and facilities in the name of said institution.

(e) Board-approved branch campus sites shall be considered as auxiliary locations for the purposes of the Board's distance learning rules and regulations as outlined under Chapter 4, Subchapter E. of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities).

Comments

Source Note: The provisions of this §8.75 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060

§8.76: Reclassification

The Board may withdraw approval for a branch campus whenever the Board

(1) approves the establishment of a community college district which includes the site of the branch campus (Such local effort shall be reviewed by the Board according to the criteria as set forth in Subchapter B of this title (relating to the Creation of a Public Community College District) as to the feasibility of establishing a separate community college district),

(2) approves the merger of the out-of-district area which includes the site of the branch campus with the parent district, or

(3) determines that the community college district has failed to maintain the standards and criteria of Board rules and regulations at the branch campus.

Comments

Source Note: The provisions of this §8.76 adopted to be effective August 23, 1998, 23 TexReg 8427; amended to be effective May 25, 2004, 29 TexReg 5060

Subchapter E

§8.91: Purpose

This subchapter provides rules and regulations setting out the procedure by which a school district or county may levy a public community college district branch campus maintenance tax. The amount of a branch campus maintenance tax shall not exceed five cents on each $100 valuation of all taxable property in the jurisdiction.

Comments

Source Note: The provisions of this §8.91 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061

§8.92: Authority

Texas Education Code, §§61.053, 130.001(b)(3)-(4), and 130.087, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for a school district(s) or county(ies) to request authorization from the Board to hold an election to establish and levy a branch campus maintenance tax.

Comments

Source Note: The provisions of this §8.92 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.93: Creation of a Local Steering Committee

(a) A local group of citizens interested in establishing a branch campus maintenance tax jurisdiction shall appoint a Steering Committee of at least seven citizens to provide leadership on behalf of the tax effort.

(b) The Steering Committee shall be composed of a cross-section of the population of the area, with representation from major civic groups and business and industry. A chair, co-chair, and secretary shall be appointed, along with any other officers who may be of assistance to the committee. Where the proposed branch campus maintenance tax jurisdiction is to be located in an independent school district, the district board of trustees may serve as the Steering Committee.

(c) The Steering Committee shall:

(1) serve as liaison between the local community, the college district which would operate the branch campus, and the Board;

(2) be responsible for conducting a feasibility study and a survey of the needs and potential of the area for a branch campus;

(3) provide information to the community which, at a minimum, describes the nature and purpose of a branch campus;

(4) summarize and evaluate the results of the feasibility study and survey and formulate conclusions for submission to the Commissioner;

(5) prepare and circulate a petition to obtain not fewer than 5.0% of the qualified voters of the proposed branch maintenance tax jurisdiction; and

(6) present the appropriately signed petition as set out in §8.30(a) of this title (relating to Legality of the Petition) to appropriate authorities for certification in compliance with Texas Education Code, §130.087.

Comments

Source Note: The provisions of this §8.93 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.94: Application Procedures

The Steering Committee and the community college district that is planning the branch campus shall jointly file a Letter of Intent with the Commissioner as soon as practical. The staff of the Board shall offer advice and technical assistance to the Steering Committee under the direction of the Commissioner on procedures and requirements.

Comments

Source Note: The provisions of this §8.94 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061

§8.95: Conduct of a Local Feasibility Study and Survey

(a) A local feasibility study consisting of a survey of need, potential student clientele, financial ability of the jurisdiction, and other pertinent data must be carried out under the auspices of the Steering Committee and the college which shall operate the branch campus. This feasibility study may be conducted either by the Steering Committee or by professionals.

(b) Board staff shall offer advice and technical assistance to the Steering Committee under the direction of the Commissioner. When the feasibility study is conducted by a professional individual or research organization, the Steering Committee shall fully advise the Commissioner prior to initiating the study.

(c) The feasibility study shall be made in consultation with the Board staff and, upon completion, be submitted to the Commissioner. The Commissioner, in consultation with Board staff, shall determine if further documentation or clarification is needed to supplement the information presented in the feasibility study.

(d) The feasibility study shall be reviewed by the Board, along with other information it deems appropriate, in determining whether the criteria as set out in §8.89 of this title (relating to Standards and Board Procedure for Approval) have been met.

Comments

Source Note: The provisions of this §8.95 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.96: Circulation of a Petition

(a) In counties with a population of more than 150,000, the Steering Committee shall be responsible for the circulation of a petition for authorization of an election to levy a public community college branch campus maintenance tax. At a minimum, the petition shall include the maintenance tax limits that shall appear on the ballot in the event an election is authorized. For counties with a population of 150,000 or less or an independent school district within a county with a population of 150,000 or less, no petition to propose an election for a branch campus maintenance tax is required to be submitted to the Board.

(b) The petition must incorporate all requirements as set forth in the Texas Election Code, Chapter 277.

Comments

Source Note: The provisions of this §8.96 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective December 26, 1999, 24 TexReg 11321; amended to be effective May 25, 2004, 29 TexReg 5061

§8.97: Legality of the Petition

(a) After the petition has been circulated among the electorate and has been signed by not less than 5.0% of the qualified electors of the proposed branch maintenance tax jurisdiction, the petition shall be presented to the appropriate authorities who have the duty of verifying the legality of the petition.

(b) It shall be the duty of the appropriate authorities to pass upon the legality of the petition and the genuineness of the same.

Comments

Source Note: The provisions of this §8.97 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.98: Presentation of a Certified Petition to the Board

(a) Upon submission of a petition for an election to authorize a branch campus maintenance tax to a governing body of an independent school district or county, the governing body may propose an election and submit to the Commissioner a feasibility study and survey. Upon approval by the Commissioner, the governing body may enter an order for an election.

(b) The governing body of a county with a population of 150,000 or less or an independent school district within a county with a population of 150,000 or less, on completion and approval of the feasibility study and survey by the Commissioner, on its own motion and without presentation and approval of a certified petition to the Board may order an election to authorize a branch campus maintenance tax.

(c) The governing body of an independent school district or county notwithstanding subsection (b) of this section, shall present a certified petition to the Commissioner who shall then present it to the Board for approval or disapproval.

(d) After the petition and any additional documentation or information are presented to the Commissioner, a minimum of 45 days must elapse between the date on which the petition and supporting documents are received by the Commissioner and the quarterly meeting of the Board when the Board will consider the petition.

Comments

Source Note: The provisions of this §8.98 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective December 26, 1999, 24 TexReg 11321; amended to be effective November 26, 2001, 26 TexReg 9604; amended to be effective May 25, 2004, 29 TexReg 5061

§8.99: Standards and Board Procedure for Approval

(a) The Texas Education Code, §130.087, requires the Board to determine that:

(1) the branch campus maintenance tax rate does not exceed five cents on each $100 valuation of all taxable property;

(2) a certified petition has been submitted by the appropriate authorities to the Board; and

(3) the proposed tax is feasible and desirable.

(b) The Board shall apply the following criteria when considering the appropriateness for the levying of a branch campus maintenance tax:

(1) Demographic and economic characteristics of the jurisdiction seeking to establish the maintenance tax, such things as:

(A) population trends by age group;

(B) economic development trends and projection; and

(C) employment trends and projection (i.e., supply-demand data).

(2) Potential student clientele, including:

(A) educational levels by age group; and

(B) college-bound data (i.e., trends by age group).

(3) The financial status of the proposed jurisdiction to be taxed and the state as a whole, including:

(A) any projected growth or decline in the tax base; and

(B) trends in state appropriations for community/junior colleges and other institutions of higher education.

(4) Projected programs and services for the proposed jurisdiction based on economic and population trends.

(5) Proximity and impediments to programs and services to existing institutions of higher education such as:

(A) identification of institutions that could be effected by a new branch campus; and

(B) documentation of existing programs and services:

(i) on the campuses of nearby institutions of higher education;

(ii) available to citizens within a 50 mile radius of the proposed jurisdiction; and

(iii) offered in the proposed jurisdiction by existing institutions of higher education;

(C) financial limitations on existing institutions of higher education inhibiting the offering of programs and services in the proposed jurisdiction;

(D) availability of facilities, libraries, and equipment for institutions to offer classes in the proposed jurisdiction;

(E) distance and traffic patterns to existing institutions of higher education;

(F) effect on enrollments of existing institutions of higher education; and

(G) effect on financing of existing institutions of higher education.

(c) The Board's Committee on Community and Technical Colleges may conduct one or more public hearings in the proposed jurisdiction to:

(1) assess public sentiment regarding the levying of a branch campus maintenance tax;

(2) determine whether programs in the proposed jurisdiction would create unnecessary duplication or seriously harm programs in existing community/junior college districts or other institutions of higher education in the area; and

(3) assess the potential impact of the proposed jurisdiction on existing community/junior colleges or other institutions of higher education in the area and on the State of Texas.

(d) After the self-study has been reviewed and, if applicable, a site visit conducted by the Committee on Community and Technical Colleges and Board staff, a report from the Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in subsection (b) of this section have been met. The report shall include a recommendation for approval or denial of the request for approval to hold an election to levy a branch campus maintenance tax, but shall not be binding on the Commissioner or the Board.

Comments

Source Note: The provisions of this §8.99 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.100: Action and Order of the Board

(a) Board action on the request for approval to hold an election to levy a branch campus maintenance tax shall be taken at the next quarterly Board meeting. In making its decision, the Board shall consider the needs of the community/junior college and the district, the needs of the community or communities served by the branch campus maintenance tax jurisdiction, and the welfare of the state as a whole.

(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board of the community/junior college district.

Comments

Source Note: The provisions of this §8.100 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.101: Calling the Election

(a) If the Board approves the establishment of the branch campus maintenance tax, the governing body of the school district or county shall enter an order for an election to be held in the territory under its jurisdiction not less than 20 days nor more than 60 days after the date on which the order is entered to determine whether the branch campus maintenance tax may be levied. In the case of the joint school district or joint county elections, by mutual agreement of the governing bodies, the elections shall be held on the same date throughout the jurisdictions.

(b) The president of the governing board of the school district or the county judge, as applicable, shall give notice of the election in the manner provided by law for notice by the county judge of general elections.

Comments

Source Note: The provisions of this §8.101 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.102: Election

A majority of the electors in the proposed branch campus maintenance tax jurisdiction voting in the election shall determine the question of the creation of the branch campus maintenance tax jurisdiction submitted in the order.

Comments

Source Note: The provisions of this §8.102 adopted to be effective June 2, 1998, 23 TexReg 5670.

§8.103: Resubmission of Applications

Should an election to create a branch campus maintenance tax jurisdiction fail, a period of 12 months must elapse before resubmission of the proposition to the Board. The Board shall require a strong showing of need and unusual circumstances before approving resubmission before the 12 months have elapsed.

Comments

Source Note: The provisions of this §8.103 adopted to be effective June 2, 1998, 23 TexReg 5670.

Subchapter F

§8.121: Purpose

This subchapter outlines the procedures the Coordinating Board shall use with regard to the conservatorship of a public community college.

Comments

Source Note: The provisions of this §8.121 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061

§8.122: Authority

Texas Education Code, §§61.051(b)(c)(e), 61.053, 61.060, 61.061, 61.062, and 130.001 and the Government Code, §2104.031, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for action concerning the conservatorship of a public community college when requested by the Governor and upon the advice and assistance of the State Auditor.

Comments

Source Note: The provisions of this §8.122 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective May 25, 2004, 29 TexReg 5061

§8.123: Mismanagement Finding; Conservatorship Order

(a) On the Governor's request the Coordinating Board, with the advice and assistance of the State Auditor, shall determine if a condition of gross fiscal mismanagement exists at a public community college.

(1) When a condition of gross fiscal mismanagement is suspected, the Board shall appoint a delegation to investigate the fiscal condition of the public community college in question. The delegation shall include members of the Committee on Institutional Effectiveness and Excellence and Board staff. The Board shall request assistance from the State Auditor's Office to include one of its staff members as a member of the delegation.

(2) Based upon its review of the public community college in the matter of gross fiscal mismanagement, the delegation as set out in paragraph (1) of this subsection shall make a report to the Commissioner to include, if appropriate, a recommendation concerning conservatorship.

(3) The Commissioner shall make a report and recommendation concerning conservatorship to the Board for its consideration at the next quarterly Board meeting.

(b) If the Board finds a condition of gross fiscal mismanagement of a public community college, the Governor, by proclamation, may appoint a conservator as defined in the Texas Government Code, §2401.001 to act as conservator of the college.

Comments

Source Note: The provisions of this §8.123 adopted to be effective June 2, 1998, 23 TexReg 5670; amended to be effective February 23, 2000, 25 TexReg 1369; amended to be effective May 25, 2004, 29 TexReg 5061

§8.124: Compensation of a Conservator

(a) A conservator appointed by the Governor to act in this capacity is entitled to receive a salary for performing those duties that is equal to the salary of the chief administrative office of the public community college under conservatorship, as well as reimbursement of other reasonable and necessary expenses incurred by the conservator.

(b) The public community college under conservatorship shall pay the salary and other reasonable and necessary expenses of the conservator from money appropriated or otherwise available to the institution, except to the extent that money to pay the salary is specifically appropriated or made available through the budget execution process for that purpose.

Comments

Source Note: The provisions of this §8.124 adopted to be effective February 23, 2000, 25 TexReg 1369; amended to be effective May 25, 2004, 29 TexReg 5061

Chapter 9

Subchapter A

§9.1: Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Academic associate degree--An associate degree that will satisfy the lower-division requirements for a baccalaureate degree in a specific discipline.

(2) Academic courses--Semester credit courses included or allowed under the provisions of the Lower-Division Academic Course Guide Manual designed for college transfer to institutions of higher education in completion of associate and baccalaureate degree programs.

(3) Applied associate degree--An associate degree intended to lead directly to employment following graduation and may satisfy the lower-division requirements for a baccalaureate degree in a specific discipline.

(4) 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, associate of science, associate of applied arts, associate of applied science, and the associate of occupational studies degrees. The term "applied" in an associate degree name indicates a program designed to qualify students for immediate employment.

(5) Career Technical/Workforce program--An applied associate degree program or a certificate program for which semester credit hours, quarter credit hours, or continuing education units are awarded and which is intended to prepare students for immediate employment or a job upgrade in a specific occupation.

(6) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(7) Certificate program--Workforce programs designed for entry-level employment or for upgrading skills and knowledge within an occupation. Certificate programs serve as building blocks and exit points for AAS degree programs.

(8) Commissioner of Higher Education or Commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.

(9) Concurrent course credit--See "Dual credit."

(10) Continuing education unit or CEU--Ten (10) contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education.

(11) Contractual agreements--Agreements or contracts between public two-year colleges and one of the following:

(A) a non-SACS/COC-accredited organization, for postsecondary instructional services that could not be offered otherwise;

(B) a public secondary school, for instructional services that could not be offered otherwise; or

(C) another SACS/COC-accredited institution of higher education, whether public or independent.

(12) Contract instruction--Postsecondary workforce education and training in which specific instruction is provided by a public two-year college or a non-SACS/COC-accredited organization to a contracting entity. This arrangement is utilized when conventional methodology or instructional systems are difficult or impossible to obtain.

(13) Developmental courses--Courses designed to correct academic deficiencies and bring students' skills to an appropriate level for entry into college.

(14) Distance education--Classes in which the majority of the instruction occurs when the student and instructor are not in the same physical setting. A class is considered a distance education class if students receive more than one-half of the instruction at a distance. Distance education can be delivered synchronously or asynchronously to any single or multiple location(s):

(A) other than the main campus of a senior institution (or "on campus"), where the primary office of the chief executive officer of the campus is located;

(B) outside the boundaries of the taxing authority of a community college district; or

(C) via instructional telecommunications to any other distance location, including electronic delivery of all types.

(15) Dual credit--A process by which a high school student enrolls in a college course and receives simultaneous academic credit for the course from both the college and the high school. While dual credit courses are often taught on the secondary school campus to high school students only, §4.84 of this title (relating to Institutional Agreements) and §4.85 of this title (relating to Dual Credit Requirements), also apply when a high school student takes a course on the college campus and receives both high school and college credit. Dual credit is also referred to as concurrent course credit; the terms are equivalent. However, dual (or concurrent) enrollment refers to a circumstance in which a student is enrolled in more than one educational institution (including a high school and a college).

(16) Governing board--The body charged with policy direction of any public community college district, the technical college system, public state college, public senior college or university, career school or college, or other educational agency including but not limited to boards of directors, boards of regents, boards of trustees, and independent school district boards.

(17) Governing board, Tech-Prep consortium--Consists at a minimum of representatives of each educational entity that participates in a Tech-Prep consortium which determines the policies and operations of the Tech-Prep consortium in accordance with its written by-laws and fiscal agency and personnel agreements. A representative may represent multiple entities as agreed upon by the participating consortium members.

(18) Guidelines for Instructional Programs in Workforce Education (GIPWE)--A Coordinating Board-approved publication containing policies and procedures related to the design, development, proposal, approval, operation, and evaluation of career technical/workforce education courses and programs for Texas public institutions of higher education and career schools and colleges.

(19) Independent institution of higher education--A private or independent college or university that is:

(A) organized under the Texas Non-Profit Corporation Act;

(B) exempt from taxation under Article V, §2, of the Texas Constitution and §501(c)(3) of the Internal Revenue Code; and

(C) accredited by the Southern Association of Colleges and Schools Commission on Colleges.

(20) Lower-Division Academic Course Guide Manual (ACGM)--A Coordinating Board-approved publication listing academic courses that public two-year colleges can teach and report for contact hour reimbursement from state appropriations without special approval from the Board.

(21) Public community college--Any public junior college or public community college as defined in Texas Education Code, §61.003 and §130.005, and whose role, mission, and purpose is outlined in Texas Education Code, §130.0011 and §130.003.

(22) Public two-year college--Any public junior college, public community college, public technical institute, or public state college as defined in Texas Education Code, §61.003.

(23) Related-instruction--Relates to §9.27 of this title (relating to Related-Instruction for Apprenticeship Programs), organized off-the-job classroom instruction in theoretical or technical subjects required for the completion of an apprenticeship program.

(24) Remedial and compensatory--All courses designated as developmental or remedial in the Lower-Division Academic Course Guide Manual. These courses are designed to address academic deficiencies and may not be offered for college degree credit.

(25) Remedial courses--Courses for high school students designed to correct academic deficiencies and bring students' skills to an appropriate level for graduation from high school.

(26) SACS/COC--The Southern Association of Colleges and Schools Commission on Colleges.

(27) Statewide Articulated Transfer Curriculum--A set of courses, up to the level of an academic associate degree, that will satisfy the lower-division requirements of a baccalaureate degree in a specific discipline. A statewide articulated transfer curriculum must:

(A) have the same rigor and content as the equivalent course work in the baccalaureate program offered at a general academic teaching institution;

(B) minimize the time and course work required to complete a baccalaureate degree;

(C) be consistent with the common course numbering system approved by the Board and the recommendations and rules of the Board; and

(D) include only course work directly applicable to the requirements of the baccalaureate degree program(s) with which it is associated.

(28) Technical courses or programs--Workforce education courses or programs for which semester/quarter credit hours are awarded.

(29) Tech-Prep consortium--A collaboration of educational entities and, at local option, employer and labor organizations, and universities defined in the Carl D. Perkins Career and Technical Education Improvement Act of 2006, as amended, and the Texas Education Code, Chapter 61, Subchapter T, Tech-Prep Education, which work together to implement a tech-prep program.

(30) Unique need academic course--An academic course created by a college to satisfy a unique need and designed to transfer into a baccalaureate program.

(31) Workforce continuing education course--A course offered for continuing education units (CEUs) with an occupationally specific objective and supported by state funding. A career technical/workforce continuing education course differs from a community service course offered for recreational or a vocational purposes and is not supported by state funding.

(32) Workforce education--Career technical/workforce courses and programs for which semester/quarter credit hours and/or continuing education units are awarded. Career technical/workforce education courses and programs prepare students for immediate employment or job upgrade within specific occupational categories.

(33) Workforce Education Course Manual (WECM)--An online database composed of the Coordinating Board's official statewide inventory of career technical/workforce education courses available for two-year public colleges to use in certificate and associate degree programs.

Comments

Source Note: The provisions of this §9.1 adopted to be effective May 25, 2004, 29 TexReg 5065; amended to be effective November 25, 2009, 34 TexReg 8322

Subchapter B

§9.21: Purpose

This subchapter outlines the rules and regulations the Coordinating Board shall use in various areas relating to program development and the general operation of a public two-year college.

Comments

Source Note: The provisions of this §9.21 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.22: Authority

The Texas Education Code, §§51.308, 51.403(e), 51.911, 61.051, 61.053, 61.059, 61.060-61.063, 61.084, 130.001(b)(3)-(4), 130.003, 130.005, 130.0051, 130.008, and 130.009, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for various functions relating to program development and the general operation of a public two-year college.

Comments

Source Note: The provisions of this §9.22 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.23: Student Performance

(a) Each public two-year college shall report student performance as prescribed under subsection (b) of this section to the high school or public two-year college last attended during the first year a student is enrolled after graduation from high school.

(b) A student performance report includes initial assessment student test scores, as prescribed under Chapter 4, Subchapter C of this title (relating to Texas Success Initiative), descriptions of developmental education courses required, and individual student grade point averages.

(c) Appropriate safeguards shall be implemented to ensure student privacy in these reports.

Comments

Source Note: The provisions of this §9.23 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.24: Religious Holy Days

Policies regarding religious holy day observances at public two-year colleges are subject to Chapter 4, Subchapter A, §4.4 of this title (relating to Student Absences on Religious Holy Days). This section provides particular requirements for determining acceptable student attendance polices relating to religious holy days.

Comments

Source Note: The provisions of this §9.24 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.25: Training for Governing Boards

Chapter 1, Subchapter A, §1.9 of this title (relating to Training for Members of Governing Boards and Board Trustees) is herein applicable to public two-year colleges. This section provides for the training of members of governing boards and trustees for public institutions of higher education; however, members of community college governing boards may not be required to attend a training session.

Comments

Source Note: The provisions of this §9.25 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.26: Driver Education Courses

Institutions of higher education shall be permitted to offer driver education courses for the purpose of preparing students to obtain a Texas driver's license if approved by the State Board of Education. Institutions of higher education shall be subject to the rules and regulations regarding driver education of the State Board of Education.

Comments

Source Note: The provisions of this §9.26 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.27: Related-Instruction for Apprenticeship Programs

Related-instruction in apprenticeship programs approved by the U.S. Department of Labor Employment and Training Administration are eligible for state appropriations. Funding for all other components of apprenticeship programs is subject to the rules and regulations of the Texas Workforce Commission as prescribed under the Texas Education Code, Chapter 133.

Comments

Source Note: The provisions of this §9.27 adopted to be effective May 25, 2004, 29 TexReg 5066; amended to be effective November 25, 2009, 34 TexReg 8322

§9.28: Appropriations

To be eligible to receive its proportionate share of the biennial appropriations for support, maintenance, operation, and improvement, each public community college must:

(1) be certified as a public community college as prescribed by §9.29 of this title (relating to Certification);

(2) offer a minimum of 24 semester credit hours of career technical/workforce education courses;

(3) have complied with all existing laws, rules, and regulations governing the establishment and maintenance of public community colleges;

(4) collect, from each full-time and part-time student enrolled, appropriate matriculation and other fees as required by law;

(5) grant, when properly applied for, the scholarships and tuition exemptions provided for in the Texas Education Code; and

(6) levy and collect ad valorem taxes as provided by law for the operation and maintenance of the institution.

Comments

Source Note: The provisions of this §9.28 adopted to be effective May 25, 2004, 29 TexReg 5066; amended to be effective November 25, 2009, 34 TexReg 8322

§9.29: Certification

The Commissioner shall file with the State Auditor and the State Comptroller on or before October 1 of each year a list of the public community colleges in the state and certify the names of those colleges that have complied with the standards, rules, and regulations prescribed by the Board.

Comments

Source Note: The provisions of this §9.29 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.30: Name Change

(a) The governing board of any public community or junior college district may by a duly adopted resolution change the name of the district by substituting the word "community" for the word "junior" in the name, or by eliminating the word "community" or "junior" from the name of the district, unless the change would cause the district to have the same name as an existing district.

(b) A copy of the resolution duly certified by the secretary of the governing board must be filed with the Board.

(c) The name change shall become effective upon the filing of the resolution with the Board and thereafter all references to the district shall be by use of the new name.

Comments

Source Note: The provisions of this §9.30 adopted to be effective May 25, 2004, 29 TexReg 5066

§9.31: Uniform Dates for Adding/Dropping Courses Pertaining to Refunds

(a) Courses at public community colleges may be added by students up to and including the official census date. A student may not enroll in a course after that date.

(b) Courses at public community colleges may be dropped and a student entitled to a refund of tuition and fees as outlined under Chapter 21, Subchapter A, §21.5 of this title (relating to Refund of Tuition and Fees at Public Community/Junior and Technical Colleges).

Comments

Source Note: The provisions of this §9.31 adopted to be effective May 25, 2004, 29 TexReg 5066

Subchapter C

§9.51: Purpose

This subchapter provides rules and regulations for public two-year colleges in establishing and publishing their purpose, role, and mission statements, and for the Board's review of these statements.

Comments

Source Note: The provisions of this §9.51 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.52: Authority

The Texas Education Code, §§61.051, 61.053, 61.0511, 61.060, 61.061, 61.062, 130.001, 130.003(e), 130.0011, and 135.01, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the review of the purpose and role and mission statements of public two-year colleges.

Comments

Source Note: The provisions of this §9.52 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.53: Role, Mission, and Purpose of Public Community/Junior and Technical Colleges

(a) Each public two-year college must develop a statement regarding the purpose, role, and mission of the institution reflecting the three missions of higher education: teaching, research, and public service. The specialized nature of the role and mission of the technical college system is included in Chapter 11 of this title (relating to the Texas State Technical College System).

(b) Each public community college shall include in its role and mission statement the purpose of the community college as prescribed under Texas Education Code, §130.003(e), that it shall primarily serve its local taxing district and service area, offering career technical/workforce, and academic courses for certificates or associate degrees. Continuing education, remedial and compensatory education consistent with open admission policies, and a program of counseling and guidance shall also be provided.

Comments

Source Note: The provisions of this §9.53 adopted to be effective May 25, 2004, 29 TexReg 5067; amended to be effective November 25, 2009, 34 TexReg 8322

§9.54: Publication of Purpose, Role, and Mission Statements

Each public two-year college must publish its purpose, role, and mission statement in its official publication for students, generally the college catalog.

Comments

Source Note: The provisions of this §9.54 adopted to be effective May 25, 2004, 29 TexReg 5067

Subchapter D

§9.71: Purpose

This subchapter provides rules and procedures for the approval and continuation of academic courses for public two-year colleges eligible for state appropriations.

Comments

Source Note: The provisions of this §9.71 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.72: Authority

The Texas Education Code, §§61.051(g), 61.053, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3)-(4), and 130.003(e)(3), authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the coordination of transferable academic courses eligible for state appropriations.

Comments

Source Note: The provisions of this §9.72 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.73: General Provisions

(a) State funding shall be provided for lower-division level general academic courses in public community colleges and other appropriate public institutions offering lower-division general academic courses if such courses:

(1) are listed in the Lower-Division Academic Course Guide Manual; or

(2) have been reviewed by the Board staff and have been approved in accordance with the unique need provision; and

(3) are consistent with the Texas Common Course Numbering System.

(b) A standing advisory committee composed of representatives from public community colleges and other appropriate public institutions offering lower-division general academic courses will meet at least annually to recommend to the Coordinating Board staff appropriate courses to be added to, revised, or deleted from the Lower-Division Academic Course Guide Manual, as well as their proper assignment of Texas Common Course Numbers. The Coordinating Board staff shall provide the committee data regarding course enrollments and transferability for the purpose of considering revisions to the Lower-Division Academic Course Guide Manual.

(c) Criteria used to revise the Lower-Division Academic Course Guide Manual shall include the following:

(1) Courses offered by three or fewer community colleges and other appropriate institutions offering lower-division general academic courses during the previous academic year will be reviewed by the committee for deletion unless other factors indicate a need to retain such courses.

(2) Unique need courses which have been offered at several public community colleges and other appropriate institutions offering lower-division general academic courses in different geographic regions of the state may be recommended for addition to the Lower-Division Academic Course Guide Manual upon request of a sponsoring institution.

(3) Revisions in course content may be considered upon request of a sponsoring institution.

(4) Courses included in the lower-division portion of an academic core curriculum at any public institution of higher education may be considered by the committee for inclusion in the Lower-Division Academic Course Guide Manual.

(5) Courses in a Board-approved field of study curriculum as outlined under §4.32 of Board rules (relating to Field of Study Curricula) shall automatically be added to the Lower-Division Academic Course Guide Manual.

Comments

Source Note: The provisions of this §9.73 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.74: Unique Need Courses

(a) An academic course may be approved for unique need if it meets the following criteria:

(1) The course must have college-level rigor. A course designed to meet a community service, leisure, vocational, or avocational need is inappropriate for unique need approval and state appropriations.

(2) The course must be acceptable for transfer and apply toward a baccalaureate degree. In order to satisfy this requirement, the course must meet at least one of the following requirements:

(A) The course has a documented course equivalent at a minimum of two Texas and/or regional universities; or

(B) The course will be accepted in satisfaction of either general education or degree program requirements at a minimum of two regional universities.

(3) Exceptions may be granted for courses that transfer to a single regional university if the college documents that a large number of its students transfer to that institution and the course is part of a current, documented articulation agreement between the two-year college and the regional university.

(b) Procedures for unique need approval.

(1) The application for each unique need course submitted must be accompanied by a statement of need for the course and a syllabus which includes a course description, detailed course outline, and objectives. Except as specified in subsection (a)(3) of this section, the application must be accompanied by letters from regional universities that clearly indicate the basis for transferability of the course (as a course equivalent, general education course, or academic major course).

(2) Once approved, a unique need course shall be placed on the college inventory for three years. Colleges must reapply for approval of unique need courses every three years.

(c) Courses listed in the Lower-Division Academic Course Guide Manual but offered for a greater number of contact hours or semester credit hours than specified must be submitted for unique need approval.

(d) Courses approved as continuing unique need courses prior to September 1, 2004 shall expire five years from the date of approval.

Comments

Source Note: The provisions of this §9.74 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.75: Compensatory (Including Developmental and Remedial) Education Courses

Developmental/remedial courses approved for two-year college instruction and eligible for state funding are listed in the Lower-Division Academic Course Guide Manual and the Workforce Education Course Manual. Such courses should be used to support both academic and workforce education programs as appropriate.

Comments

Source Note: The provisions of this §9.75 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.76: Utilization of Compensatory (Including Developmental and Remedial) Education Courses to Satisfy Degree Requirements

Courses designated as compensatory in the Lower-Division Academic Course Guide Manual may not be used to satisfy degree requirements. Such courses may be used as corequisites or prerequisites for degree courses as determined by local institutions.

Comments

Source Note: The provisions of this §9.76 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.77: Notification to Students of Possible Lower-Division Transfer Limitations

(a) Two-year public colleges shall notify students who intend to transfer to baccalaureate degree programs of possible limitations on lower-division course work that may be applied toward a baccalaureate degree program at a general academic teaching institution.

(b) Notification to students must occur no later than the semester or term during which the student is expected to accumulate the 39th semester credit hour of academic course work.

(c) The notification shall include §4.25(f) of this title (relating to Requirements and Limitations) and may include additional transfer information that will help students make informed decisions about coursework.

(d) Colleges may notify students either through the mail or through electronic means targeted directly at affected students such as electronic mail, pop-up notices on an electronic registration or advising page, or information included in the student's grade report.

(e) Listing the information on lower-division transfer limits in the institution's catalog, while strongly recommended, is not sufficient to satisfy the requirements of this section.

(f) Each college shall develop a plan to implement this section no later than January 1, 2005 and shall begin notifying affected students no later than September 1, 2005.

Comments

Source Note: The provisions of this §9.77 adopted to be effective May 25, 2004, 29 TexReg 5067

§9.80: Disapproval of Courses; Noncompliance

No funds appropriated to any public two-year college may be expended for any unique need course which has not been approved by the Board staff.

Comments

Source Note: The provisions of this §9.80 adopted to be effective May 25, 2004, 29 TexReg 5067

Subchapter E

§9.91: Purpose

This subchapter provides rules and procedures for the approval and continuation of certificate and associate degree programs in public two-year colleges eligible for state appropriations.

Comments

Source Note: The provisions of this §9.91 adopted to be effective May 25, 2004, 29 TexReg 5068

§9.92: Authority

The Texas Education Code, §§61.003, 61.051(e)(f), 61.0513, 61.053, 61.054, 61.055, 61.061, 61.062(c) - (d), 61.075, 130.001(b)(3) - (4), 130.003(e)(1), (2), (3) and (7) and 135.04, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the coordination of postsecondary career technical/workforce certificate and associate degree programs eligible for state appropriations.

Comments

Source Note: The provisions of this §9.92 adopted to be effective May 25, 2004, 29 TexReg 5068; amended to be effective November 25, 2009, 34 TexReg 8323

§9.93: Presentation of Requests and Steps for Implementation of New Degree and Certificate Programs in Career Technical/Workforce Education

(a) Requests for new associate degree and certificate programs shall be made in accordance with the procedures stipulated in subsection (b)(1)(A) - (O) of this section.

(b) Approval of new associate degree and certificate programs is automatic if all of the following conditions are met.

(1) The institution shall certify that:

(A) The program has institutional and governing board approval;

(B) The institution has researched and documented current job market need for the program and/or that the program would lead to opportunities for further education;

(C) There is recent evidence of both short-term and long-term student demand for the program;

(D) Enrollment projections reflect student demand estimates to ensure the financial self-sufficiency of the program;

(E) Basic and career technical/workforce skills have been integrated into the curriculum;

(F) The institution has an enrollment management plan for the program;

(G) The institution has or will initiate a process to establish articulation agreements for the program with secondary and/or senior level institutions;

(H) The program is designed to be consistent with the standards of the Commission on Colleges of the Southern Association of Colleges and Schools, and with the standards of other applicable accrediting agencies, and is in compliance with appropriate licensing authority requirements;

(I) The program would not unnecessarily duplicate existing programs at other institutions;

(J) Representatives from private sector business and industry have been involved in the creation of the program through participation in an advisory committee;

(K) Adequate funding is available to cover all new costs to the institution over the first five years after the implementation of the program;

(L) New costs during the first five years of the program would not exceed $2 million;

(M) The institution has an improvement plan in place for all career technical/workforce programs that do not currently meet Board standards for both graduation and placement;

(N) The appropriate Higher Education Regional Council has been notified in writing of the proposal for a new program;

(O) Skill standards recognized by the Texas Skill Standards Board, if they exist for the discipline, have been reviewed and considered for inclusion in the curriculum for the program.

(2) If a proposed two-year career technical/workforce education program or a certificate program meets the conditions stipulated in subsection (b)(1)(A) - (O) of this section, the institution shall submit a request to the Assistant Commissioner for Academic Affairs and Research to add the program. If a proposed program does not meet the conditions stipulated in subsection (b)(1)(A) - (O) of this section, the institution must submit a proposal using the standard degree request form.

(A) The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections are received, the Coordinating Board staff shall update the institution's program inventory accordingly.

(B) If objections to the proposed program are received by the Coordinating Board staff, the proposed program shall not be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate or degree program at any time to ensure compliance with any of the criteria contained in subsection (b)(1)(A) - (O) of this section.

(c) New Program Approval. The Board delegates to the Commissioner final approval authority for all certificate programs, and for applied associate degree programs that meet Board policies for approval as outlined in the Guidelines for Instructional Programs in Workforce Education. The Commissioner may delegate this final authority to the Assistant Commissioner for Academic Affairs and Research.

(d) Each quarter, the Commissioner shall send a list of the approvals and disapprovals under this section to Board members. A list of the approvals and disapprovals shall also be attached to the minutes of the next appropriate quarterly meeting.

(e) The Commissioner shall forward a program to the Board for consideration at an appropriate quarterly meeting if either of the following conditions is met:

(1) The proposed program is the subject of an unresolved grievance or dispute between institutions; or

(2) The Commissioner has disapproved the proposed program and the institution has requested a Board review.

(f) Revision of an existing associate degree or certificate program is automatically approved if all of the requirements in subsection (b)(1)(A) - (O) of this section are met.

(g) To request a change of CIP code for an existing degree or certificate program, the institution shall notify the Coordinating Board staff and certify that the revised program meets the requirements in subsection (b)(1)(A) - (O) of this section.

(h) If the revision of an existing degree or certificate program meets the conditions stipulated in subsection (b)(1)(A) - (O) of this section the institution shall submit a request to the Assistant Commissioner for Academic Affairs and Research to revise the program. The Coordinating Board staff shall update the institution's program inventory accordingly.

(i) If a program revision does not meet the conditions stipulated in subsection (b)(1)(A) - (O) of this section, the institution shall submit a revision request using the standard revision request form.

(j) The Coordinating Board reserves the right to audit a certificate or degree program at any time to ensure compliance with any of the requirements in subsection (b)(1)(A) - (O) of this section.

(k) Administrative Officers. All programs must be under the direction of an administrator having appropriate authority to ensure that quality is maintained and that programs are conducted in compliance with all applicable laws and rules. Administrative officers must possess credentials, work experience, and/or demonstrated competence appropriate to their areas of responsibility as specified by the Southern Association of Colleges and Schools Commission on Colleges.

(l) Faculty and Staff. Faculty and staff must be approved by the postsecondary institution. Each individual must meet the minimum qualifications established by the Board.

(m) Each public two-year college may classify career technical/workforce continuing education and other courses as earning semester credit hours or continuing education units (CEUs). Contact hours reported for career technical/workforce education courses which result in either credit hours or CEUs shall be eligible for state appropriations. A course or program that meets or exceeds 360 hours in length must be approved as a career technical/workforce certificate program except by special justification and approval by Board staff. A course or program that meets or exceeds 780 hours in length must result in the award of appropriate semester credit hours and be applicable to a certificate and an applied associate degree program.

Comments

Source Note: The provisions of this §9.93 adopted to be effective May 25, 2004, 29 TexReg 5068; amended to be effective May 12, 2005, 30 TexReg 2663; amended to be effective November 25, 2009, 34 TexReg 8323

§9.94: Action and Order of the Board

(a) Board action on the request for approval of a new applied associate degree program in a postsecondary institution that requires Board consideration shall be taken at the next quarterly Board meeting.

(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board or the chief executive officer of the postsecondary institution.

Comments

Source Note: The provisions of this §9.94 adopted to be effective May 25, 2004, 29 TexReg 5068

§9.95: Reporting to the Board

(a) Contact hours for courses in approved career technical/workforce education certificate and applied associate degree programs from public two-year colleges and other public institutions providing certificate or associate degree programs must be determined and reported in compliance with Board rules and policy as outlined in the Workforce Education Course Manual and state law.

(b) Contact hours for courses in approved academic certificate and associate degree programs at public two-year colleges and other public institutions providing certificate or associate degree programs must be determined and reported in compliance with Board policy as outlined in the Lower-Division Academic Course Guide Manual and state law.

Comments

Source Note: The provisions of this §9.95 adopted to be effective May 25, 2004, 29 TexReg 5068; amended to be effective November 25, 2009, 34 TexReg 8323

§9.96: Disapproval of Programs; Noncompliance

No funds appropriated to any public two-year college or other institution providing certificate or associate degree programs shall be expended for any program which has not been approved by the Commissioner or the Assistant Commissioner for Academic Affairs and Research or, when applicable, by the Board.

Comments

Source Note: The provisions of this §9.96 adopted to be effective May 25, 2004, 29 TexReg 5068; amended to be effective May 12, 2005, 30 TexReg 2663

Subchapter F

§9.111: Purpose

This subchapter provides rules and procedures for the review and approval of workforce continuing education courses as taught by public two-year colleges.

Comments

Source Note: The provisions of this §9.111 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.112: Authority

The Texas Education Code, §§54.051(n), 54.545, 61.051(j), 61.053, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3) - (4), 130.003(e)(4), and 130.006, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for public two-year colleges for the coordination of career technical/workforce continuing education courses eligible for state appropriations.

Comments

Source Note: The provisions of this §9.112 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

§9.113: General Provisions

(a) Tuition and fees for state-funded career technical/workforce continuing education courses shall be assessed according to policies established by the Board. The governing board of the institution shall establish tuition and fees for career technical/workforce continuing education courses not eligible for state appropriations.

(b) Any career technical/workforce continuing education program meeting or exceeding 360 contact hours shall be subject to all of the requirements for career technical/workforce education programs for state appropriations as outlined in Chapter 9, Subchapter E of this title (relating to Certificate and Associate Degree Programs).

(c) Any career technical/workforce continuing education program meeting or exceeding 780 contact hours in length must result in the award of semester or quarter credit hours and be applicable to a certificate and an applied associate degree program. An exception shall be made for Emergency Medical/Paramedic continuing education programs, which may reach 800 contact hours.

Comments

Source Note: The provisions of this §9.113 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

§9.114: Application and Approval Procedures for Career Technical/Workforce Continuing Education Courses

(a) Any career technical/workforce continuing education course listed in the Workforce Education Course Manual (WECM) may be offered by any public two-year college without prior approval by the Board. Courses in the current WECM are valid until revised or deleted by subsequent updates of the WECM.

(b) All career technical/workforce continuing education courses shall meet the guidelines outlined in the Guidelines for Instructional Programs in Workforce Education as approved by the Board and the Workforce Education Course Manual.

Comments

Source Note: The provisions of this §9.114 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

§9.115: Funding

(a) Contact hours reported for career technical/workforce education courses, which result in continuing education units (CEUs) shall be eligible for state appropriations.

(b) Career technical/workforce continuing education courses with fewer than seven (7) contact hours of instruction will not receive state funding unless the specific type and length of instruction are required by local, state, or national licensing, certifying, regulatory, or accrediting agencies.

(c) Community interest courses shall not be eligible for state appropriations.

(d) Workforce Education Course Manual continuing education special topics courses that are not designed to prepare adult students for employment shall not be eligible for state appropriations.

Comments

Source Note: The provisions of this §9.115 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

§9.116: Reporting to the Board

Contact hours for career technical/workforce continuing education courses from public two-year colleges must be determined and reported in compliance with Board policy as outlined in the Guidelines for Instructional Programs in Workforce Education as approved by the Board, the Workforce Education Course Manual, and state law.

Comments

Source Note: The provisions of this §9.116 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

§9.117: Disapproval of Courses; Noncompliance

No funds appropriated to any public two-year college may be expended for any career technical/workforce continuing education course which has not been approved by the Board staff.

Comments

Source Note: The provisions of this §9.117 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

Subchapter G

§9.121: Purpose

This subchapter shall provide rules and regulations to enable public two-year colleges to enter into contractual agreements with other institutions of higher education or non-SACS/COC-accredited organizations (which include but are not limited to public secondary schools and business and industry) to improve the articulation, quality, and efficiency of educational programs and services.

Comments

Source Note: The provisions of this §9.121 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.122: Authority

The Texas Education Code, Subchapter N of Chapter 51, and §§51.923, 61.051(o), 61.053, 61.054, 61.055, 61.060, 61.061, 61.062, 61.064, 61.067, 130.001(b)(3)-(4), 130.006, 130.008, and 130.090, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the public two-year colleges to enter into agreements with other entities to provide for appropriate educational services.

Comments

Source Note: The provisions of this §9.122 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.123: General Provisions

(a) General enrollment or contract training courses that are non-credit and do not result in the award of CEUs are not eligible for any state apportionment funding, but a two-year college is free to market such non-credit or non-CEU training to business, industry, and government at whatever rate can be negotiated with the contracting organization. Exceptions regarding programs serving incarcerated students must be submitted to the Coordinating Board staff for review and approval.

(b) Courses earning CEUs shall be subject to the guidelines published by the Southern Association of Colleges and Schools Commission on Colleges as a condition of eligibility for state appropriations.

(c) All student enrollments for semester hour credit are subject to the provisions of the Texas Success Initiative as applicable.

(d) Public two-year colleges providing courses to organizations for which semester hour credits or CEUs are earned must charge out-of-state tuition to non-resident students who are brought from out of state for such contract courses.

Comments

Source Note: The provisions of this §9.123 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.124: Contractual Agreements for Instruction with Non-Sacs/COC-Accredited Organizations Other than Public Secondary Schools

(a) General Policy Guidelines.

(1) Contractual agreements for instruction by public two-year colleges with non-SACS/COC accredited organizations must comply with all current guidelines of the Southern Association of Colleges and Schools Commission on Colleges.

(2) Courses and programs offered under contractual agreements must be consistent with the educational purpose, mission, and goals of the institution.

(3) Courses and programs offered and eligible for state appropriations must remain under the sole and direct control of the sponsoring public two-year college.

(b) Regulations.

(1) Board Approval.

(A) All programs and courses must be approved through the established procedures of the Board.

(B) Requirements. Courses offered must remain under the sole and direct control of the sponsoring public two-year college which exercises ultimate and continuing responsibility for the performance of the functions reflected in the contract. Instructors of courses must meet qualifications as stipulated by the public two-year college. The public two-year college must employ at least one full-time faculty member per degree program and specify in the contract the institutional procedures by which the contracted courses or programs meet the standards of regular programs as disclosed fully in the publications of the institution, specifically including the following:

(i) recruitment and counseling of students;

(ii) admission of students to courses and/or to the sponsoring institution where certificate and associate degree programs are pursued;

(iii) development and evaluation of the curriculum;

(iv) evaluation of student progress;

(v) record keeping;

(vi) tuition and/or fee charges, receipts and disbursement of funds, and refund policy;

(vii) appointment, supervision, and evaluation of faculty; and

(viii) instruction and learning resources.

(2) The Contractual Agreement.

(A) The contractual agreement must be executed by designated officers of the public two-year college and their counterparts in the contracting organization.

(B) The contractual agreement shall establish a definite understanding between the public two-year college and the contracting agency to include each of the items required by this subsection.

(C) The agreement shall specify the work to be performed, the period of the agreement, and the conditions under which any renewal or renegotiation must occur.

Comments

Source Note: The provisions of this §9.124 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.125: Contractual Agreements for Instruction with Public Secondary Schools

(a) General Policy Guidelines.

(1) Public two-year colleges may contract to provide instruction for public secondary schools.

(2) Provision of instruction for public secondary schools by public two-year colleges must be in accordance with rules and guidelines established by the State Board of Education.

(3) Instruction provided under a contractual agreement under this section may include only coursework necessary for students to complete high school. It does not apply to early admission programs for high school students entering college.

(b) Regulations.

(1) Instructors in contract programs with public secondary schools must meet qualifications required by the public two-year college as well as the minimum guidelines approved by the State Board of Education.

(2) An agreement between the public two-year college and the public secondary school must be approved by both governing boards.

(3) Funding for this type of instruction must flow to the public secondary school as the contracting agency. An agreed cost for instruction must be negotiated between the public two-year college and the public secondary school.

Comments

Source Note: The provisions of this §9.125 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.126: Contractual Agreements for Instruction with Other Sacs/COC-Accredited Institutions of Higher Education

(a) Public two-year colleges may enter into cooperative undertakings or contractual agreements with other Texas' public two-year colleges as permitted by state law.

(b) Public two-year colleges may enter into cooperative undertakings or contractual agreements with other Texas public institutions of higher education as part of a multi-institution teaching center as outlined under Chapter 5, Subchapter D, §5.78 of this title (relating to Supply/Demand Pathway or other partnership agreements on a shared-cost basis as permitted by state law.

(c) Public two-year colleges may enter into cooperative undertakings or contractual agreements with SACS/COC-accredited independent institutions of higher education as part of a multi-institution teaching center as outlined under Chapter 5, Subchapter D, §5.78 of this title (relating to Supply/Demand Pathway or other partnership agreements on a shared-cost basis as permitted by state law.

Comments

Source Note: The provisions of this §9.126 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.127: Reporting to the Board

Contact hours for contract instruction eligible for state appropriations must be determined and reported in compliance with state law and Board rules and policy.

Comments

Source Note: The provisions of this §9.127 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.128: Disapproval of Courses; Noncompliance

No funds appropriated to any public two-year college may be expended for any course which has not been approved by the Commissioner, even if such course is taught under a contractual agreement.

Comments

Source Note: The provisions of this §9.128 adopted to be effective May 25, 2004, 29 TexReg 5069

Subchapter H

§9.141: Purpose

(a) The Coordinating Board encourages and supports partnerships between secondary schools and public two-year colleges including such initiatives as Tech-Prep and dual credit which allow secondary students to receive both high school and college-level credit for college-level courses.

(b) The purpose of this subchapter shall be to provide rules and regulations for partnership initiatives with secondary schools that are unique to public two-year colleges Rules for partnerships that concern dual credit may be found in Chapter 4, Subchapter D of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).

Comments

Source Note: The provisions of this §9.141 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.142: Authority

Texas Education Code, §§29.182, 29.184, 61.076(a), 61.851 through 61.855, 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d), authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for public two-year colleges to enter into agreements with secondary schools to offer courses which grant credit toward the student's high school academic requirements and/or college-level credit. In addition, the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (hereinafter known as "the Act"), as amended, authorizes the State Board of Education in its capacity as the State Board for Career and Technology Education to designate the Coordinating Board as the administering agency of the Tech-Prep Education Act, or that section, part, or title of the Act referring to Tech-Prep Education.

Comments

Source Note: The provisions of this §9.142 adopted to be effective May 25, 2004, 29 TexReg 5069; amended to be effective November 25, 2009, 34 TexReg 8323

§9.143: Types of Partnerships

(a) Partnerships for Award of High School Credit Only. Contractual agreements between public school districts and public two-year colleges in which the latter provide instruction in courses to high school students for award of high school credit only. Rules for these agreements are located in Subchapter G, §9.125 of this title (relating to Contractual Agreements for Instruction with Public Secondary Schools).

(b) Partnerships for Award of Dual Credit. Partnerships between secondary schools and public two-year colleges in which the latter provide instruction to high school students for immediate award of both high school credit and college certificate and associate degree credit. Rules covering these partnerships may be found in Chapter 4, Subchapter D of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).

(c) Partnerships for Tech-Prep Programs. Partnerships between public school districts and public two-year colleges to allow for the articulation of high school technical courses taught by the high school to high school students for immediate high school credit and later college credit, to be awarded upon enrollment of the students in a two-year college in an associate degree or certificate program.

(d) Partnerships for Remedial or Developmental Instruction for High School Graduates. Partnerships between public school districts and public two-year colleges to provide instruction by the latter to high school students for either remedial course work to prepare students to pass the exit-level Texas Assessment of Knowledge and Skills (TAKS) test or developmental course work to prepare the students to pass an assessment instrument approved by the Board under §4.56 of this title (relating to Assessment Instruments).

Comments

Source Note: The provisions of this §9.143 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.144: Partnership Agreements

(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.

(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.

Comments

Source Note: The provisions of this §9.144 adopted to be effective May 25, 2004, 29 TexReg 5069

§9.146: Remedial and Developmental Instruction for High School Students

(a) As outlined under Chapter 9, Subchapter G, §9.125 of this title (relating to Contractual Agreements for Instruction with Public Secondary Schools) two-year colleges may contract with public secondary school districts to provide remedial courses for students enrolled in public secondary schools in preparation for graduation from high school. Such courses are not eligible for state appropriations.

(b) High school students who have passed all sections of the exit-level TAKS test with the high school graduation standard may be permitted to enroll in state-funded developmental courses offered by a college at the college's discretion if a need for such course work is indicated by student performance on an assessment instrument approved by the Board under §4.56 of this title (relating to Assessment Instruments).

(c) Remedial and developmental courses may not be offered for dual credit.

(d) Only a public community college may waive tuition and fees for a Texas public high school student enrolled in a remedial course or a developmental course. Public technical colleges and state colleges may not waive tuition and fees.

Comments

Source Note: The provisions of this §9.146 adopted to be effective May 25, 2004, 29 TexReg 5069

Subchapter I

§9.161: Purpose

This subchapter provides rules and regulations for public community colleges for the delivery of courses and programs via instructional telecommunications or to locations out of district, out of state, and out of country.

Comments

Source Note: The provisions of this §9.161 adopted to be effective May 25, 2004, 29 TexReg 5070

§9.162: Authority

The Texas Education Code, §§61.051(j), 61.053, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3)-(4), and 130.086(d), authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for public community colleges for the delivery of courses and programs out of district, out of state, and out of country.

Comments

Source Note: The provisions of this §9.162 adopted to be effective May 25, 2004, 29 TexReg 5070

§9.163: Courses and Programs Offered through Distance Education

(a) Chapter 4, Subchapter E of this title (relating to Approval of Distance Education and Off-Campus Instruction for Public Colleges and Universities) are hereby applicable to public community colleges. These sections provide particular requirements and procedures for the offering of courses and programs by public community colleges at out-of-district, out-of-state, and out-of-country locations.

(b) Courses and programs not eligible for state appropriations and offered in out-of-district, out-of-state, and out-of-country locations shall meet the same rules, regulations, and guidelines established by the Board for courses and programs eligible for state appropriations.

Comments

Source Note: The provisions of this §9.163 adopted to be effective May 25, 2004, 29 TexReg 5070

Subchapter J

§9.181: Purpose

This subchapter provides rules for the structure of academic associate degree programs offered by public community colleges, Texas State Technical College-Harlingen, and the Lamar State Colleges that are eligible for state appropriations.

Comments

Source Note: The provisions of this §9.181 adopted to be effective May 25, 2004, 29 TexReg 5070; amended to be effective November 25, 2009, 34 TexReg 8324

§9.182: Authority

The Texas Education Code, §§61.003, 61.051(e) - (f), 61.0513, 61.053, 61.054, 61.055, 61.061, 61.062(c) - (d), 61.075, 130.001(b)(3) - (4), 130.003(e)(1)(2)(3) and (7) and 135.04, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the coordination of postsecondary certificate and associate degree programs eligible for state appropriations.

Comments

Source Note: The provisions of this §9.182 adopted to be effective May 25, 2004, 29 TexReg 5070

§9.183: Degree Titles, Program Length, and Program Content

(a) An academic associate degree may be called an associate of arts (AA), an associate of science (AS), or an associate of arts in teaching (AAT) degree.

(1) The associate of arts (AA) is the default title for an academic associate degree program if the college offers only one type of academic degree program.

(2) If a college offers both associate of arts (AA) and associate of science (AS) degrees, the degree programs may be differentiated in one of two ways, including:

(A) The AA program may have additional requirements in the liberal arts and/or the AS program may have additional requirements in disciplines such as science, mathematics, or computer science; or

(B) The AA program may serve as a foundation for the BA degree and the AS program for the BS degree.

(C) Each academic associate degree must provide a clearly-articulated curriculum that can be associated with a discipline or field of study leading to a baccalaureate degree, and must be identified as such in the institution's program inventory.

(3) The associate of arts in teaching (AAT) is a specialized academic associate degree program designed to transfer in its entirety to a baccalaureate program that leads to initial Texas teacher certification. This title should only be used for an associate degree program that consists of a Board-approved AAT curriculum.

(b) Academic associate degree programs must consist of a minimum of 60 SCH and a maximum of 66 SCH.

(c) Except as provided in paragraphs (1), (2), and (3) of this subsection, academic associate degree programs must incorporate the institution's approved core curriculum as prescribed by §4.28 of this title (relating to Core Curriculum) and §4.29 of this title (relating to Core Curricula Larger than 42 Semester Credit Hours).

(1) A college may offer a specialized academic associate degree that incorporates a Board-approved field of study curriculum as prescribed by §4.32 of this title (relating to Field of Study Curricula) and a portion of the college's approved core curriculum if the coursework for both would total more than 66 SCH; or

(2) A college may offer a specialized academic associate degree that incorporates a Board-approved statewide articulated transfer curriculum and a portion of the college's approved core curriculum if the coursework for both would total more than 66 SCH.

(3) A college that has a signed articulation agreement with a General Academic Teaching Institution to transfer a specified curriculum may offer a specialized AA or AS (but not AAT) degree program that incorporates that curriculum.

Comments

Source Note: The provisions of this §9.183 adopted to be effective May 25, 2004, 29 TexReg 5070; amended to be effective August 11, 2004, 29 TexReg 7672; amended to be effective November 25, 2009, 34 TexReg 8324

§9.184: Criteria for New Academic Associate Degree Programs and Steps for Implementation

Approval of new academic associate degree programs is automatic if all of the following conditions are met.

(1) The institution shall certify that the following criteria have been met:

(A) The program has institution and governing board approval.

(B) There is recent evidence of both short-term and long-term student demand for the program.

(C) Enrollment projections reflect student demand estimates to ensure the financial self-sufficiency of the program.

(D) The institution has an enrollment management plan for the program.

(E) If the program does not follow a Board-approved field of study curriculum or a Board-approved statewide articulation transfer curriculum, the institution has or will initiate a process to establish transfer of credit articulation agreements for the program with senior-level institutions.

(F) The program is designed to be consistent with the standards of the Commission on Colleges of the Southern Association of Colleges and Schools, other applicable accrediting agencies, and is in compliance with applicable licensing authority requirements.

(G) Adequate funding is available to cover all new costs to the institution over the first five years after the implementation of the program.

(H) The program complies with all applicable provisions contained in divisions of this subchapter and, adheres to the Standards for Academic Associate Degree Programs approved by the Board.

(2) The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections are received, the Coordinating Board staff shall update the institution's program inventory accordingly. If objections to the proposed program are received by the Coordinating Board staff, the proposed program shall not be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate or degree program at any time to ensure compliance with any of the criteria contained in paragraph (1)(A) - (H) of this section.

(3) New Program Approval. The Board delegates to the Commissioner final approval authority for all certificate programs, applied associate degree programs, and academic associate degrees that meet Board policies for approval as outlined in the Guidelines for Instructional Programs in Workforce Education and this subchapter. The Commissioner may delegate this final authority.

Comments

Source Note: The provisions of this §9.184 adopted to be effective November 25, 2009, 34 TexReg 8325

§9.185: Academic Certificates

A college may award an academic certificate to a student who completes:

(1) the college's approved core curriculum; or

(2) a Board-approved field of study curriculum; or

(3) a Board-approved statewide articulated transfer curriculum of less than degree length.

Comments

Source Note: The provisions of this §9.185 adopted to be effective November 25, 2009, 34 TexReg 8325

§9.186: Academic Programs Offered by Texas State Technical College-Harlingen

(a) Texas State Technical College-Harlingen may offer the associate of science degree in accordance with the provisions of Texas Education Code §135.51(b)(1-2).

(b) An associate of science degree program offered by TSTC-Harlingen shall not unnecessarily duplicate existing programs offered in the service areas of Del Mar College, South Texas College, or Texas Southmost College.

Comments

Source Note: The provisions of this §9.186 adopted to be effective November 25, 2009, 34 TexReg 8325

Subchapter K

§9.201: Purpose

This subchapter provides rules for the operation and evaluation of Tech-Prep programs and consortia.

Comments

Source Note: The provisions of this §9.201 adopted to be effective August 15, 2006, 31 TexReg 6331

§9.202: Authority

The Board is authorized to adopt policies, enact regulations, and establish rules for the operation and oversight of Tech-Prep programs and consortia under Texas Education Code, §§61.851 - 61.858.

Comments

Source Note: The provisions of this §9.202 adopted to be effective August 15, 2006, 31 TexReg 6331

§9.203: General Provisions

(a) The State Board of Education, in its capacity as the Board for Career and Technology Education, is the eligible agency responsible for implementation and evaluation of all programs funded in Texas under the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (the Act), as amended, (20 USC 2301 et seq.) until such time as the Act amends the provision defining the eligible agency.

(b) The State Board of Education, in its capacity as the eligible agency, has designated the Texas Higher Education Coordinating Board as the administering agency responsible for the operation and supervision of that section, part, or title of the Act referring to Tech-Prep Education.

(c) An entity established after January 1, 2005, may not be a Tech-Prep consortium unless the entity is established or otherwise formed after that date as a result of an action taken under §9.206(f) of this title (relating to Evaluation of Tech-Prep Programs and Consortia).

Comments

Source Note: The provisions of this §9.203 adopted to be effective August 15, 2006, 31 TexReg 6331; amended to be effective November 25, 2009, 34 TexReg 8325

§9.204: State Administration of Tech-Prep

(a) The Board shall annually award Tech-Prep funds to eligible consortia in accordance with the Act, as amended, the Texas Education Code (Code), and these provisions.

(b) Annual awards to eligible consortia shall be based upon a formula which shall be adopted by the Board after a public hearing.

(c) To be eligible for an award, an eligible consortium shall submit an application and all supporting documentation on an annual basis and in a manner and time frame determined by Board staff that documents and ensures the progress of local consortium activities addressing the requirements of the Act and the Code and enables the state to meet state goals, objectives, and performance criteria.

(d) Board staff shall evaluate local consortia according to the performance measures and standards outlined under §9.206 of this title (relating to Evaluation of Tech-Prep Programs and Consortia). Board staff shall provide technical assistance to consortia that do not meet evaluation standards or upon request by a consortium.

(e) Board staff shall provide oversight of all Tech-Prep activities and programs to ensure that funds provided for Tech-Prep education are expended according to provisions of the Act and the Code.

Comments

Source Note: The provisions of this §9.204 adopted to be effective August 15, 2006, 31 TexReg 6331

§9.205: Consortium Responsibilities

In accordance with the requirements of the grant, each consortium shall:

(1) Create, evaluate, and maintain a long-term Strategic Continuous Improvement Plan that addresses goals, objectives, activities, and evaluation criteria supporting local, state, and federal goals and evaluation criteria;

(2) Develop and implement local programs and activities, and coordinate the expenditure of funds in accordance with guidelines determined by the Act and the Code, as well as state and local goals and objectives;

(3) Maintain the records on local activities and budgetary expenditures to support evaluation criteria and participate in a scheduled, systematic, evaluation program;

(4) Provide reports on programs, activities, activity outcomes, and budgetary expenditures in a manner and time as established by Board staff; and

(5) Ensure that every local school district and public college and university in the consortium service area will have the opportunity to develop Tech-Prep programs of study as defined by the Act and the Code.

Comments

Source Note: The provisions of this §9.205 adopted to be effective August 15, 2006, 31 TexReg 6331

§9.206: Evaluation of the Tech-Prep Programs and Consortia

(a) Board staff shall evaluate each Tech-Prep consortium to determine the success of the consortium's Tech-Prep programs and activities.

(b) The required goals and performance measures by which each consortium shall be evaluated include the following:

(1) Goal 1: Increase the number of secondary Tech-Prep graduates enrolled in postsecondary institutions. Measure 1: Perkins IV Tech-Prep Indicator 1STP1: The number and percent of secondary education Tech-Prep students enrolled in the Tech-Prep program who enroll in postsecondary education;

(2) Goal 2: Increase the number of secondary Tech-Prep graduates enrolled in the same field or major at postsecondary institutions. Measure 2: Perkins IV Tech-Prep Indicator 1STP2: The number and percent of secondary education Tech-Prep students enrolled in the Tech-Prep program who enroll in postsecondary education in the same field or major as the secondary education Tech-Prep students were enrolled at the secondary level;

(3) Goal 3: Increase the number of secondary Tech-Prep graduates that complete a State or industry-recognized certification or licensure. Measure 3: Perkins IV Tech-Prep Indicator 1STP3: The number and percent of secondary education Tech-Prep students enrolled in the Tech-Prep program who complete a State or industry-recognized certification or licensure;

(4) Goal 4: Increase the number of secondary Tech-Prep graduates with postsecondary credits. Measure 4: Perkins IV Tech-Prep Indicator 1STP4: The number and percent of secondary education Tech-Prep students enrolled in the Tech-Prep program who successfully complete, as a secondary school student, courses that award postsecondary credit at the secondary level;

(5) Goal 5: Reduce the number of secondary Tech-Prep graduates enrolled in remedial mathematics, writing, or reading courses upon entering postsecondary education. Measure 5: Perkins IV Tech-Prep Indicator 1STP5: The number and percent of secondary education Tech-Prep students enrolled in the Tech-Prep program who enroll in remedial mathematics, writing, or reading courses upon entering postsecondary education;

(6) Goal 6: Increase the number of postsecondary Tech-Prep graduates placed in a related field of employment. Measure 6: Perkins IV Tech-Prep Indicator 1PTP1: The number and percent of postsecondary education Tech-Prep students who are placed in a related field of employment not later than 12 months after graduation from the tech-prep program;

(7) Goal 7: Increase the number of postsecondary Tech-Prep students that complete a State or industry-recognized certification or licensure. Measure 7: Perkins IV Tech-Prep Indicator 1PTP2: The number and percent of postsecondary education Tech-Prep students who complete a State or industry-recognized certification or licensure;

(8) Goal 8: Increase the number of postsecondary Tech-Prep students that complete a 2-year degree or certificate program. Measure 8: Perkins IV Tech-Prep Indicator 1PTP3: The number and percent of postsecondary education Tech-Prep students who complete a 2-year degree or certificate program within the normal time for completion of such program; and

(9) Goal 9: Increase the number of postsecondary Tech-Prep students that complete a baccalaureate degree program. Measure 9: Perkins IV Tech-Prep Indicator 1PTP4: The number and percent of postsecondary education Tech-Prep students who complete a baccalaureate degree program within the normal time for completion of such program.

(c) The appropriate and timely expenditure of Tech Prep funds: The consortium shall have spent at least 95 percent of its allocated funds during the previous year and not had any findings during the fiscal desk review process.

(d) Maintenance of detailed time distribution records for staff paid from multiple sources of funds: Time distribution records shall be completed for each consortium employee paid from multiple funds on at least a monthly basis, and be an accurate reflection of the time-on-task for consortium activities related to Tech-Prep. Monthly time sheets must be on file at the consortium office for a minimum of three years.

(e) Timely submission of accurate quarterly reports to the Coordinating Board: Quarterly reports shall be submitted by Coordinating Board due dates and include a response for each goal and objective listed in that report.

(f) Board staff shall provide each consortium with a written report on the results of the evaluation. A consortium shall respond to any finding of the failure to meet performance measures within thirty (30) days of the receipt of the report.

(g) If a consortium fails to meet two or more of the performance measures established in this provision, Board staff shall conduct a technical site visit. As part of the technical site visit, the consortium shall provide to Board staff any additional documentation needed for a review of the following activities:

(1) Increasing secondary and/or postsecondary participation rates;

(2) Past and present marketing efforts to increase participation rates;

(3) Opportunities for professional development for teachers, counselors, and administrators;

(4) Career exploration activities for students;

(5) Current articulation agreements between and among public schools and institutions;

(6) Current Strategic Continuous Improvement Plan as described in §9.205(1) of this title (relating to Consortium Responsibilities);

(7) Use of funds;

(8) Support and opportunities for participation by member institutions and public schools; and

(9) Operation of the consortium within all the bylaws of the organization. Compliance with all by-laws shall by certified by the consortium governing board chair as part of the annual application to the Coordinating Board.

(h) Within thirty (30) days of the technical site visit, Board staff shall provide a final evaluation of the consortium's programs and activities. If a consortium fails to meet the performance measures set out in subsection (b) of this section, Board staff shall provide assistance to the consortium governing board in developing a revised Strategic Continuous Improvement Plan. The revised Plan shall set requirements with reasonable deadlines for the purpose of assisting the consortium in meeting required performance measures established in this provision.

(i) Board staff shall monitor the consortium's performance of the revised Plan for six (6) months. If the consortium fails to comply with the requirements of the revised Plan, the Commissioner may determine that a consortium shall be reorganized, consolidated, or abolished as follows:

(1) If the consortium fails to improve its performance relating to participation rates, the Commissioner may require the consortium to reorganize or require the consolidation of the consortium with an existing, high-performing consortium;

(2) If the consortium fails to improve its performance for appropriate and timely expenditure of Tech-Prep funds and maintenance of accurate time distribution records, the Commissioner may require the consortium to be abolished and a new consortium, or consortia, be established to serve the area; and

(3) If the consortium fails to improve its performance for operation within the organization's established bylaws, the Commissioner may require the consortium to be abolished and a new consortium, or consortia, be established to serve the area.

(j) Not later than October 1 of each even-numbered year, the Board staff shall report to each Tech-Prep consortium the results of all evaluations and follow-up actions during the previous two years. The report shall include the following:

(1) Any failure of the consortium to meet the performance measures established in this provision;

(2) The activities and achievements of the consortium in meeting the performance measures established in this provision;

(3) Those areas in which the consortium has made improvement in meeting the performance measures established in this provision; and

(4) Any actions taken by Board staff.

Comments

Source Note: The provisions of this §9.206 adopted to be effective August 15, 2006, 31 TexReg 6331; amended to be effective November 25, 2009, 34 TexReg 8325

Chapter 11

Subchapter A

§11.1: Purpose

The purpose of this chapter is to prescribe rules and regulations for the Texas State Technical College System in the general operation of its campuses, extension facilities, and programs.

Comments

Source Note: The provisions of this §11.1 adopted to be effective August 23, 1998, 23 TexReg 8436.

§11.2: Authority

Texas Education Code, §§61.051, 61.053, 61.056, 61.058, 61.0583, 135.01, 135.04, 135.02, and 135.06, authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for the Texas State Technical College System relating to the review of its role and mission statement, new program approval, approval and operation of extension centers, approval of land acceptance or acquisition, and the audit of its facilities.

Comments

Source Note: The provisions of this §11.2 adopted to be effective August 23, 1998, 23 TexReg 8436.

§11.3: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Board or coordinating board--The Texas Higher Education Coordinating Board.

(2) Campus--A residential unit of the Texas State Technical College System that grants certificate and associate of applied science degrees.

(3) Commissioner of higher education or commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.

(4) Governing board--The board of regents of the Texas State Technical College System.

(5) Extension center--A site, operating under the administration of a campus, that has an extension program.

(6) Extension program--Credit and non-credit instruction in technical and vocational education offered at an extension center.

(7) System--The Texas State Technical College System.

(8) Technical courses or programs--Workforce education courses or programs for which semester/quarter credit hours are awarded.

(9) Vocational courses or programs--Workforce education courses or programs for which continuing education units (CEUs) are awarded.

(10) Workforce education--Technical courses and programs for which semester/quarter credit hours are awarded, and vocational courses and programs for which continuing education units are awarded. Workforce education courses and programs prepare students for immediate employment or job upgrade within specific occupational categories.

Comments

Source Note: The provisions of this §11.3 adopted to be effective August 23, 1998, 23 TexReg 8436.

Subchapter B

§11.21: Role and Mission

(a) Texas Education Code, Section 135.01, creates the Texas State Technical College System and provides that it shall be a coeducational two-year institution of higher education offering courses of study in technical-vocational education for which there is demand within the State of Texas.

(b) Texas State Technical College System shall contribute to the educational and economic development of the State of Texas by offering occupationally oriented programs with supporting academic course work, emphasizing highly specialized advanced and emerging technical and vocational areas for certificates or associate degrees. The Texas State Technical College System is authorized to serve the State of Texas through excellence in instruction, public service, faculty and manpower research, and economic development. The system's economic development efforts to improve the competitiveness of Texas business and industry include exemplary centers of excellence in technical program clusters on the system's campuses and support of educational research commercialization initiatives. Through close collaboration with business, industry, governmental agencies, and communities, including public and private secondary and postsecondary educational institutions, the system shall facilitate and deliver an articulated and responsive technical education system.

(c) In developing and offering highly specialized technical programs with related supportive coursework, primary consideration shall be placed on industrial and technological manpower needs of the state. The emphasis of each Texas State Technical College System campus shall be on advanced or emerging technical programs not commonly offered by public junior colleges.

(d) Role and mission statements are subject to the provisions of Chapter 9, Subchapter C of this title (relating to Purpose, Role, and Mission).

Comments

Source Note: The provisions of this §11.21 adopted to be effective August 23, 1998, 23 TexReg 8437.

§11.22: Establishing Additional Campuses

(a) The Board shall review any proposed legislation establishing an additional Texas State Technical College campus. The review shall consider the state's need for the new campus. The Board shall report its findings to the Governor and the Legislature.

(b) The Board shall make a recommendation regarding the need for a new campus. The recommendation shall require a favorable vote of at least two-thirds of the members of the Board.

(c) A favorable recommendation by the Board is not required for the Legislature to establish a new campus.

Comments

Source Note: The provisions of this §11.22 adopted to be effective August 23, 1998, 23 TexReg 8437.

§11.23: Approval and Operation of Extension Programs and Centers

(a) The system may establish an extension program in accordance with Texas Education Code, Section 135.06, and by approval of the Board.

(b) The system may operate an extension center in accordance with Texas Education Code, Section 135.02, and under continuing review by the Board as outlined in Chapter 10 of this title (relating to Institutional Effectiveness in Public Community/Junior College Districts and Technical Colleges).

Comments

Source Note: The provisions of this §11.23 adopted to be effective August 23, 1998, 23 TexReg 8437.

§11.24: Approval of Land Acceptance or Acquisition

The governing board may accept, acquire by purchase, lease, sell, transfer, or exchange land in the name of the State of Texas and make improvement to facilities in any of the counties in which a campus or extension center is located according to procedures outlined in Chapter 17 of this title (relating to Campus Planning).

Comments

Source Note: The provisions of this §11.24 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective February 25, 2004, 29 TexReg 1660

§11.25: Audit of Facilities

The Board shall periodically conduct a comprehensive audit of all educational and general facilities on the campuses of the Texas State Technical College System as outlined in Chapter 17 of this title (relating to Campus Planning).

Comments

Source Note: The provisions of this §11.25 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective February 25, 2004, 29 TexReg 1660

§11.27: New Program and Course Approval

(a) Courses and programs wholly or partially financed from state funds are subject to the prior approval and continuing review of the Board or as delegated to the Commissioner as specified in Chapter 9, Subchapter E of this title (relating to Certificate or Associate Degree Programs).

(b) Before any new course or program may be offered by a campus or extension center within the taxing district of a public community/junior college, it must be established that the public community/junior college is not capable of offering or chooses not to offer the program. The campus or extension center must present evidence to the Commissioner that the public community/junior college is not capable of offering the program. After it has demonstrated to the Commissioner that the need for the program exists and that the program is not locally available, the campus or extension center may offer the program, provided approval is secured from the Commissioner. Approval of technical and vocational programs under this section does not apply to McLennan, Cameron, and Potter counties.

(c) Where a local government, business, or industry located in a county or a portion of a county that is not operating a public community/junior college district requests that the campus or extension center offer a program, the campus or extension center must request approval from the Board or as delegated to the Commissioner, to offer the program.

(d) Approval of any courses or programs offered at a campus or extension center under subsections (a), (b), and (c) of this section must be requested from the Board according to procedures prescribed in Chapter 9, Subchapter E of this title (relating to Certificate and Associate Degree Programs), and Chapter 9, Subchapter F of this title (relating to Workforce Continuing Education Courses).

(e) Partnership agreements between any Texas State Technical College and public or independent institutions of higher education are permissible but are subject to the provisions of Chapter 9, Subchapter G of this title (relating to Contractual Agreements).

Comments

Source Note: The provisions of this §11.27 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective March 18, 1999, 24 TexReg 1773

§11.28: Other Provisions Related to the System

The Texas State Technical College System is subject to additional provisions of this title as prescribed in Chapter 4, Subchapters A, B, D, and F of this title (relating to Rules Applying to All Public Institutions of Higher Education in Texas and Chapter 9, Subchapters B, C, H, and I of this title (relating to Program Development in Public Community/Junior College Districts and Technical Colleges).

Comments

Source Note: The provisions of this §11.28 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective February 25, 2004, 29 TexReg 1660

§11.29: Action and Order of the Board

(a) Board action on the approval of additional campuses or extension centers, acquisition of land, or new program requests which are not delegated to the Commissioner shall be taken at the quarterly Board meeting after the request has been submitted.

(b) A resolution shall be entered in the minutes of the Board and conveyed in writing by the Commissioner to the governing board of the Texas State Technical College System.

Comments

Source Note: The provisions of this §11.29 adopted to be effective August 23, 1998, 23 TexReg 8437; amended to be effective March 18, 1999, 24 TexReg 1773

§11.30: Funding

(a) The Board shall develop formulas by which administration, instruction, and physical plant operations and utilities are supported for each campus and extension program created prior to September 1, 1991.

(b) The Board shall develop formulas by which administration and instruction are supported for each extension program created after September 1, 1991.

Comments

Source Note: The provisions of this §11.30 adopted to be effective August 23, 1998, 23 TexReg 8437.

Chapter 13

Subchapter A

§13.1: Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Auxiliary Enterprise--Activities providing a service to students, faculty, or staff for a fee directly related to, although not necessarily equal to, the cost of the service.

(2) Available University Fund (AUF)--A fund established in Article 7, §18, of the Texas Constitution to receive all interest and earnings of the Permanent University Fund and used to pay the debt service on PUF-backed bonds.

(3) Base Year--The semesters comprising the year of contact hours used for applying the formula funding distribution to the colleges and universities (usually the summer and fall of even years and the spring of odd years).

(4) Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(5) Contact Hour--A time unit of instruction used by community, technical, and state colleges consisting of 60 minutes, of which 50 minutes must be direct instruction.

(6) Current Operating Funds--Unrestricted (appropriated) funds, designated funds, restricted funds, and auxiliary enterprise funds.

(7) Developmental Coursework--Non-degree-credit courses designed to address a student's deficiencies.

(8) Developmental Education--Courses, tutorials, laboratories, or other efforts to bring student skills in reading, writing, and mathematics to entering college level. English as a Second Language (ESL) courses may be considered developmental education, but only when they are used to bring student skill levels in reading or writing to entering college level. The term as used in this chapter does not include courses in study skills or thinking skills.

(9) Formula Funding--The method used to allocate appropriated sources of funds among institutions of higher education.

(10) Functional categories--Instruction, research, public service, academic support, student service, institutional support, operation and maintenance of plant, and hospital as defined by NACUBO.

(11) General Academic Teaching Institution--Any college, university, or institution so classified in Chapter 61, Texas Education Code, or created and so classified by law.

(12) General Revenue (GR)--State tax revenue

(13) Governmental Accounting Standards Board (GASB)--An entity created by the Financial Accounting Foundation to set accounting standards for governmental entities including public institutions of higher education.

(14) Higher Education Assistance Fund (HEAF)--A fund established in Article 7, §17, of the Texas Constitution to fund capital improvements and capital equipment for institutions not included in the Permanent University Fund.

(15) Independent institution of higher education--A private or independent college or university that is:

(A) organized under the Texas Non-Profit Corporation Act;

(B) exempt from taxation under Article V, §2, of the Texas Constitution and §501(c)(3) of the Internal Revenue Code; and

(C) accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

(16) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003.

(17) Institutional Expenditures--All costs of activities separately organized and operated in connection with instructional departments primarily for the purpose of giving professional training to students as a necessary part of the educational work of the related departments.

(18) Institutional Funds--Fees, gifts, grants, contracts, and patient revenue, not appropriated by the legislature.

(19) Local Funds--Tuition, certain fees, and other educational general revenue appropriated by the legislature.

(20) National Association of College and University Business Officers (NACUBO)--Provides guidance in business operations of higher education institutions.

(21) Non-Degree-Credit Developmental Courses--Courses intended for remedial or compensatory education that bear only institutional credit and are not counted toward the total for a degree or certificate program.

(22) Permanent University Fund (PUF)--A fund established in Article 7, §11, of the Texas Constitution to fund capital improvements and capital equipment at certain institutions of higher education.

(23) Public Junior College, Public Technical Institute, Public State College, or Public Two-Year College--Any public junior college, public community college, public technical college, or public state college as defined in Texas Education Code, §61.003.

(24) Semester Credit Hour--A unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction, over a 15-week period in a semester system or a 10-week period in a quarter system.

Comments

Source Note: The provisions of this §13.1 adopted to be effective May 21, 2001, 26 TexReg 3625; amended to be effective May 23, 2004, 29 TexReg 5073; amended to be effective November 22, 2005, 30 TexReg 7727

Subchapter B

§13.20: Purpose

The purpose of this subchapter is to establish procedures for making formula funding recommendations to the Governor and the Legislature and to except from such funding certain semester credit hours or contact hours.

Comments

Source Note: The provisions of this §13.20 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5074

§13.21: Authority

Texas Education Code, §61.059 directs the Texas Higher Education Coordinating Board to review and revise formulas for use of the Governor and the Legislative Budget Board in making appropriations recommendations. Texas Education Code, §51.307, authorizes the Board to implement the provisions of the Texas Success Initiative.

Comments

Source Note: The provisions of this §13.21 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5074

§13.22: Community and Technical College Formulas

(a) Formula Advisory Committee.

(1) Not later than September 1 of each odd-numbered year, the Commissioner shall appoint an advisory committee to review the funding formulas used by the Governor and the Legislature for making appropriations to community and technical colleges.

(2) The formula advisory committee appointed by the Commissioner shall consist of senior administrators at Texas public community or technical colleges, members of the faculty, and members of the general public.

(3) The committee shall elect its own chair and vice chair.

(4) Meetings of the committee shall be open to the public. The committee shall publish minutes of all meetings, and the minutes shall be public documents.

(5) The committee shall identify funding incentives that would encourage implementation by community and technical colleges of the state's plan for higher education as specified in the Texas Education Code, §61.051(a-3).

(6) The committee shall provide an opportunity for institutions, the general public and other interested persons to provide testimony.

(7) The committee shall make its recommendations to the Commissioner no later than the February 1 of the year following its appointment.

(b) Report of Fundable Operating Expenses.

(1) The Board shall conduct a study of expenses at community colleges, Texas State Technical College, and Texas State University System two-year institutions each year.

(2) The study shall encompass all expenses made by these institutions for instruction and administration from all unrestricted sources of funds including appropriated general revenue, tuition and fees, contract instruction, other educational and general revenue, and, local tax revenue.

(3) Each college shall report total instructional expenses and contact hours for each instructional discipline included on a list provided by the Coordinating Board and total expenses for administration, including institutional support, student services, library, instructional administration, organized activities, instructional staff benefits and excluding physical plant employees.

(4) From this information, the Board shall calculate costs for each instructional discipline.

(c) Community and Technical College Formula Recommendation.

(1) At the quarterly meeting of the Coordinating Board in April of even-number years, the Commissioner shall recommend a funding formula for the next biennium for community and technical colleges. The Commissioner shall also report the recommendations of the formula advisory committee.

(2) In making recommendations, the Commissioner shall consider the results of the all funds expenditure study, the financial needs of affected institutions, funding provided for equivalent courses in general academic institutions and for peer institutions in other states, and other factors as appropriate.

(3) The Commissioner shall recommend a general revenue appropriation for instruction and administration for community colleges and the Texas State Technical College System and two-year colleges in the Texas State University System. The Legislative Budget Board staff converts the general revenue formula for Texas State Technical College System and two-year colleges in the Texas State University System into an all funds appropriation based on their estimated educational and general income.

(4) After adoption, the Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.

Comments

Source Note: The provisions of this §13.22 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5074; amended to be effective February 18, 2008, 33 TexReg 1325; amended to be effective May 26, 2010, 35 TexReg 4153

§13.23: General Academic Institution Formulas

(a) Formula Advisory Committee.

(1) Not later than September 1 of each odd-numbered year, the Commissioner shall appoint an advisory committee to review the funding formulas used by the Governor and the Legislature for making appropriations to general academic institutions.

(2) The formula advisory committee appointed by the Commissioner shall consist of senior administrators at Texas general academic institutions, members of the faculty, and members of the general public.

(3) The committee shall elect its own chair and vice chair.

(4) Meetings of the committee shall be open to the public. The committee shall publish minutes of all meetings, and the minutes shall be public documents.

(5) The committee shall identify funding incentives that would encourage implementation by general academic institutions of the state's plan for higher education as specified in the Texas Education Code, §61.051(a-3).

(6) The committee shall provide an opportunity for institutions, the general public and other interested persons to provide testimony.

(7) The formula advisory committee may appoint two study committees, one for the instructional and operations formula and another for the infrastructure formula. The study committees may include members from the formula advisory committees and other institutional representatives as appropriate. The infrastructure study committee will include at least one representative from the Texas State Technical College System or the two-year colleges in the Texas State University System.

(8) The formula study committees shall make their recommendations to the formula advisory committee no later than the January 15 of the year following its appointment.

(9) The formula advisory committee shall make its recommendations to the Commissioner no later than the February 1 of the year following its appointment.

(b) General Academic Institution Formula Recommendation.

(1) At the quarterly meeting of the Coordinating Board in April of even-number years, the Commissioner shall recommend a funding formula for the next biennium for general academic institutions. The Commissioner shall also report the recommendations of the formula advisory committee.

(2) In making recommendations, the Commissioner shall consider the financial needs of affected institutions, funding levels at peer institutions in other states, and other factors as appropriate.

(3) The Commissioner shall recommend an all funds appropriation.

(4) After adoption, the Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.

Comments

Source Note: The provisions of this §13.23 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5074

§13.24: Health-Related Institution Formulas

(a) Formula Advisory Committee.

(1) Not later than September 1 of each odd-numbered year, the Commissioner shall appoint an advisory committee to review the funding formulas used by the Governor and the Legislature for making appropriations to health-related institutions.

(2) The formula advisory committee appointed by the Commissioner shall consist of one representative of each public health-related institution.

(3) The committee shall elect its own chair and vice chair.

(4) Meetings of the committee shall be open to the public. The committee shall publish minutes of all meetings, and the minutes shall be public documents.

(5) The committee shall identify funding incentives that would encourage implementation by health-related institutions of the state's plan for higher education as specified in the Texas Education Code, §61.051(a-3).

(6) The committee shall provide an opportunity for institutions, the general public and other interested persons to provide testimony.

(7) The formula advisory committee may appoint two study committees, one for the instructional and operations formula and another for the infrastructure formula. The study committees may include members from the formula advisory committees and other institutional representatives as appropriate.

(8) The formula study committees shall make their recommendations to the formula advisory committee no later than the January 15 of the year following its appointment.

(9) The formula advisory committee shall make its recommendations to the Commissioner no later than the February 1 of the year following its appointment.

(b) Health-Related Institution Formula Recommendation.

(1) At the quarterly meeting of the Coordinating Board in April of even-number years, the Commissioner shall recommend a funding formula for the next biennium for health-related institutions. The Commissioner shall also report the recommendations of the formula advisory committee.

(2) In making recommendations, the Commissioner shall consider the financial needs of affected institutions, funding provided for equivalent courses in general academic institutions, funding levels at peer institutions in other states, and other factors as appropriate.

(3) The Commissioner shall recommend an all funds appropriation.

(4) After adoption, the Commissioner shall transmit the Board's recommendations to the Governor, the Legislature, and the Legislative Budget Board no later than June 1 of each even-numbered year.

Comments

Source Note: The provisions of this §13.24 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5074

Subchapter C

§13.40: Purpose

Provide guidelines for uniform budget preparation, timeline for submission, and distribution of approved budgets.

Comments

Source Note: The provisions of this §13.40 adopted to be effective May 21, 2001, 26 TexReg 3626

§13.41: Authority

The Texas Education Code, §61.065 authorizes the board to evaluate the informational requirements of the state for purposes of simplifying reports.

Comments

Source Note: The provisions of this §13.41 adopted to be effective May 21, 2001, 26 TexReg 3626

§13.42: Budget Approval

(a) The governing board of each institution shall approve an itemized current operating budget on or before September 1 of each year.

(b) The governing boards of The University of Texas System and the Texas A&M University System shall approve Permanent University Fund (PUF) and Available University (AUF) budgets on or before September 1 of each year.

(c) The governing board of each institution eligible to receive HEAF appropriations shall approve a HEAF budget on or before September 1 of each year.

Comments

Source Note: The provisions of this §13.42 adopted to be effective May 21, 2001, 26 TexReg 3626

§13.43: Distribution of Budgets

Copies of the current operating funds, PUF/AUF, and HEAF budget shall be furnished to the Board (two copies), the Governor's Budget and Planning Office, Legislative Budget Board, and Legislative Reference Library by December 1 of each fiscal year. Copies shall be maintained in the institution's library.

Comments

Source Note: The provisions of this §13.43 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077

§13.44: Salaries and Emoluments

The community colleges' budgets shall include salaries and emoluments for faculty and staff listed by position.

Comments

Source Note: The provisions of this §13.44 adopted to be effective May 21, 2001, 26 TexReg 3626

§13.45: Format of Current Operating Funds Budgets

The operating budgets shall:

(1) include general revenue, local funds, and estimated institutional funds;

(2) include detail by department for current and prior year;

(3) include a summary by functional categories for current and prior year;

(4) include a summary of the instructional budget by college or school for the current and preceding year;

(5) include a summary by amount and method of finance for each listed informational item in the general appropriation act, and

(6) be prepared within the limits of revenue available.

Comments

Source Note: The provisions of this §13.45 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077

§13.46: Format for Permanent University Fund/Available University Fund (PUF/AUF) Budget

The PUF/AUF budget shall:

(1) include all projects approved for funding with PUF bonds by component institution and

(2) include all debt service payments on PUF-backed bonds by component institution.

Comments

Source Note: The provisions of this §13.46 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077

§13.47: Format for Higher Education Assistance Fund (HEAF) Budget

The HEAF budget shall:

(1) include all projects approved for funding with HEAF bonds by component institution,

(2) include all debt service payments on HEAF-backed bonds by component institution, and

(3) include all capital equipment and library books to be purchased during the fiscal year with HEAF funds.

Comments

Source Note: The provisions of this §13.47 adopted to be effective May 21, 2001, 26 TexReg 3626; amended to be effective May 23, 2004, 29 TexReg 5077

Subchapter D

§13.60: Purpose

The purpose of this subchapter is to ensure uniformity and a true and full accounting of all financial transactions for all institutions of higher education.

Comments

Source Note: The provisions of this §13.60 adopted to be effective May 21, 2001, 26 TexReg 3627

§13.61: Authority

The Texas Education Code, §61.065 authorizes the Texas Higher Education Coordinating Board and the Comptroller of Public Accounts to prescribe uniform financial reporting guidelines.

Comments

Source Note: The provisions of this §13.61 adopted to be effective May 21, 2001, 26 TexReg 3627

§13.62: Community Colleges

(a) The Coordinating Board staff shall annually review and update the financial reporting manual with advice from community college business officers and the college's independent auditors.

(b) The financial reporting manual shall be in compliance with the Governmental Accounting Standards Board's pronouncements.

(c) The community colleges shall submit their audited annual financial reports to the Coordinating Board by January 1st of each year.

Comments

Source Note: The provisions of this §13.62 adopted to be effective May 21, 2001, 26 TexReg 3627

§13.63: Additional Financial Information Reporting

(a) Each university system, general academic institution, technical or state college, and health-related institution shall provide to the Board financial data related to the operation of each system office and institution. This information should be reported in the Board's annual report of financial activity by fund group.

(b) Each community college shall continue to provide to the Board financial data related to the operation of each community/junior college reflecting restricted and non-restricted operating revenues and operating expenses as directed by the Board.

(c) Each system office and institution of higher education shall provide the report no later than January 1 of each year using the specific content and format prescribed by the Board.

Comments

Source Note: The provisions of this §13.63 adopted to be effective May 23, 2004, 29 TexReg 5078

§13.64: Available University Fund (AUF) Reporting

(a) The University of Texas System Board of Regents and the Texas A & M University System Board of Regents shall report the uses of the Available University Fund (AUF) for each system component and for system office operations for the two previous years, the current year, and two future years (projected), including:

(1) Debt service allocations, by component,

(2) Bond proceeds allocations, by component,

(3) Excellence allocations (by component), or system office, and their purposes,

(4) Available University Fund income, interest, beginning- and end-of-year balances; and

(5) The rationale used by the respective boards to distribute AUF funds.

(b) In addition, by December 1 of each year, authorized managers of permanent funds and endowments whose earnings are appropriated in the General Appropriation Act shall submit an annual financial report that shall include, at a minimum, an income statement and balance sheet and a summary of the investment return of the fund during the preceding fiscal year. The annual financial report shall also contain:

(1) A summary of all gains, losses, and income from investments and an itemized list of all securities held for the fund on August 31;

(2) Any other information necessary to indicate clearly the nature and extent of investments made of the fund and all income realized from the components of the fund.

(c) The annual financial report shall be distributed to the Governor, the Legislature, the Legislative Budget Board, and the Board by December 1 of each year.

Comments

Source Note: The provisions of this §13.64 adopted to be effective May 23, 2004, 29 TexReg 5078

Subchapter E

§13.80: Purpose

The purpose of this program is to provide tuition rebates that will provide a financial incentive for students to prepare for university studies while completing their high school work, avail themselves of academic counseling, make early career decisions, and complete their baccalaureate studies with as few courses outside the degree plan as possible. Minimizing the number of courses taken by students results in financial savings to students, parents, and the state.

Comments

Source Note: The provisions of this §13.80 adopted to be effective May 21, 2001, 26 TexReg 3627

§13.81: Authority

The program is authorized by Texas Education Code, §54.0065.

Comments

Source Note: The provisions of this §13.81 adopted to be effective May 21, 2001, 26 TexReg 3627

§13.82: Eligible Students

To be eligible for a rebate under this program, a student must:

(1) have enrolled for the first time in an institution of higher education in the fall 1997 semester or later;

(2) request a rebate for coursework related to a first baccalaureate degree received from a general academic teaching institution;

(3) have been a resident of Texas as set forth under Chapter 21, Subchapter B of this title (relating to Determining Residence Status) and have been entitled to pay resident tuition at all times while pursuing the degree;

(4) if enrolled for the first time in fall 2005 or later, graduate within four calendar years for a four-year degree or within five calendar years for a five-year degree if the degree is in architecture, engineering, or any other program determined by the Board to require more than four years to complete; and

(5) have attempted no more than three hours in excess of the minimum number of semester credit hours required to complete the degree under the catalog under which the student graduated. Hours attempted include transfer credits, course credit earned exclusively by examination (except that, for the purposes of this program, only the number of semester credit hours earned exclusively by examination in excess of nine semester credit hours is treated as hours attempted), courses dropped after the official census date, for-credit developmental courses, optional internship and cooperative education courses, and repeated courses. Courses dropped for reasons that are determined by the institution to be totally beyond the control of the student shall not be counted. For students concurrently earning a baccalaureate degree and a Texas teaching certificate, required teacher education courses shall not be counted to the extent that they are over and above the free electives allowed in the baccalaureate degree program.

Comments

Source Note: The provisions of this §13.82 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective December 3, 2003, 28 TexReg 10756; amended to be effective November 22, 2005, 30 TexReg 7729

§13.83: Hardship Provisions

Effective for students who enroll for the first time in fall 2005 or later, an otherwise eligible student may be eligible for a tuition rebate without satisfying the requirements of §13.82(4) of this title (relating to Eligible Students), if the student is awarded a baccalaureate degree and the institution determines that the student has demonstrated a hardship under the policy required by §13.85(g) of this title (relating to Responsibilities of Institutions).

Comments

Source Note: The provisions of this §13.83 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective November 22, 2005, 30 TexReg 7729

§13.84: Amount of Tuition Rebates

(a) The amount of tuition to be rebated to a student under this program is $1,000, unless the total amount of undergraduate tuition paid by the student to the institution awarding the degree was less than $1,000, in which event the amount of tuition to be rebated is an amount equal to the amount of undergraduate tuition paid by the student to the institution.

(b) A student who paid the institution awarding the degree an amount of undergraduate tuition less than $1,000 may qualify for an increase in the amount of the rebate, not to exceed a total rebate of $1,000, for any amount of undergraduate tuition the student paid to other Texas public institutions of higher education by providing the institution awarding the degree with proof of the total amount of that tuition paid to other institutions.

(c) Tuition rebates shall be reduced by the amount of any outstanding student loan, including an emergency loan, owed to or guaranteed by this state, including the Texas Guaranteed Student Loan Corporation. If a student has more than one outstanding student loan, the institution shall apply the amount of the rebate to the loans as directed by the student. If the student fails to provide timely instructions on the application of the amount, the institution shall apply the amount of the rebate to retire the loans with the highest interest rates first.

Comments

Source Note: The provisions of this §13.84 adopted to be effective May 21, 2001, 26 TexReg 3627

§13.85: Responsibilities of Institutions

(a) Institutions of higher education shall include information regarding this program in the institution's catalog.

(b) If requested by potentially eligible students, institutions of higher education shall provide these students opportunities to enroll during each fall and spring semester in the equivalent of at least 12 semester credit hours that apply toward their degrees. Institutions are not required to provide students with the opportunity to enroll in specific courses or specific sections. Public two-year colleges will comply to the extent that courses for the current semester are being offered that apply to the student's baccalaureate degree program. The requirement may be met by allowing substitutions for required courses or by allowing concurrent enrollment in courses from another institution, so long as the courses are taught on the students' home campus and the students incur no financial penalty.

(c) General academic teaching institutions shall provide students with appropriate forms and instructions for requesting tuition reimbursement at the time that students apply for baccalaureate degrees.

(d) Institutions shall provide tuition rebates to students who apply within 60 days after graduation or provide the student with a statement explaining the reason the student is ineligible for the rebate.

(e) Institutions shall provide a dispute resolution process to resolve disputes related to local administration of the program.

(f) Disputes related to lower division credit transfer shall be resolved in accordance with Coordinating Board rules, §4.27 of this title (relating to Resolution of Transfer Disputes for Lower-Division Courses).

(g) Institutions shall establish policies and procedures for allowing otherwise eligible students to qualify for tuition rebates under this program, if the student receives a baccalaureate degree and demonstrates that the failure to comply with §13.82(4) of this title (relating to Eligible Students) was caused by a hardship condition. The policies and procedures shall include, but shall not be limited to, the following conditions:

(1) a severe illness or other debilitating condition that may affect the student's academic performance;

(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or

(3) performance of active duty military service.

(h) Institutions may adopt policies and procedures for administering the program. For example, institutions may require students to declare their intent to qualify for a tuition rebate early in their careers or register prior to the beginning of the semester.

Comments

Source Note: The provisions of this §13.85 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective November 22, 2005, 30 TexReg 7729

§13.86: Responsibilities of Students

(a) Students desiring to qualify for tuition rebates are responsible for complying with all rules and regulations related to administration of the program.

(b) Students desiring to qualify for tuition rebates are solely responsible for enrolling only in courses that will qualify them for the rebates.

(c) A student who has transferred from another public or independent institution of higher education is responsible for providing to the institution awarding the degree official transcripts from all institutions attended by the student.

(d) Students must apply for rebates prior to receiving their baccalaureate degrees on forms provided by the institution and must keep the institution apprized of their addresses for at least 60 days after their graduation date.

Comments

Source Note: The provisions of this §13.86 adopted to be effective May 21, 2001, 26 TexReg 3627; amended to be effective November 22, 2005, 30 TexReg 7729

§13.87: Source of Funding

Tuition rebates shall be paid from institutional local funds. However, the enabling legislation provides that the Legislature shall account in the General Appropriations Act for the rebates in a way that provides a corresponding increase in the general revenue funds appropriated to the institution.

Comments

Source Note: The provisions of this §13.87 adopted to be effective May 21, 2001, 26 TexReg 3627

Subchapter F

§13.100: Purpose

This subchapter provides financial incentives for institutions to facilitate the progress of students through their academic programs and incentives for students to complete their degree programs expeditiously. Rules contained in this subchapter clarify the enabling legislation, define responsibilities of institutions and the Board in implementing the statute, and ensure that students are adequately informed.

Comments

Source Note: The provisions of this §13.100 adopted to be effective November 22, 2005, 30 TexReg 7730

§13.101: Authority

Texas Education Code, §54.068, provides that institutions may charge a higher rate of tuition to students with repeated or excess hours. Texas Education Code, §61.0595, limits formula funding for excess hours. SB 1, General Appropriations Act, 79th Legislature, Regular Session, III-251, §49, limits formula funding for a course for which a student would generate formula funding for the third time. Texas Education Code, §51.3062(l) limits the number of remedial or developmental education semester credit hours for which formula funding may be received.

Comments

Source Note: The provisions of this §13.101 adopted to be effective November 22, 2005, 30 TexReg 7730

§13.102: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Degree Plan--Academic program of courses and their related hours culminating in a degree or certificate, including minors, double majors, and completion of any other special program in which the student is also enrolled, such as a program with a study abroad component.

(2) Excess Hours--Effective with students initially enrolling in the fall 1999 semester and subsequent terms, hours attempted by a resident undergraduate student that exceed more than 45 hours of the number of hours required for completion of the degree plan in which the student is enrolled. Effective with students initially enrolling in the fall 2006 semester and subsequent terms, hours attempted by a resident undergraduate student that exceed more than 30 hours of the number of hours required for completion of the degree program in which the student is enrolled. Effective fall 2009, hours earned by a student before graduating from high school and used to satisfy high school graduation requirements are not included in the calculation of excess hours. For purposes of excess hours, resident undergraduate student includes a nonresident student who is permitted to pay resident tuition.

(3) Hours--Semester credit hours.

(4) Remedial and Developmental Courses--Courses designed to correct academic deficiencies and bring students' skills to an appropriate level for entry into college. The term includes English as a Second Language (ESL) courses in which a student is placed as a result of failing the reading or writing portion of a test required by §4.56 of this title (relating to Assessment Instruments).

(5) Repeated Hours for Attempted Course--Hours for a course that is the same or substantially similar to a course that the student previously attempted for two or more times at the same institution. Previously attempted courses from which the student withdraws before the official census date shall not count as an attempted course.

(6) Repeated Hours for Completed Course--Hours for a course in which a student enrolls for two or more times that is the same as or substantially similar to a course that the student previously completed and received a grade of A, B, C, D, F, or Pass/Fail at the same institution.

(7) Student--For the purposes of this subchapter, a student who has not been awarded a bachelor's degree or the equivalent.

(8) Workforce Education Courses--Courses offered by two-year institutions for the primary purpose of preparing students to enter the workforce rather than academic transfer. The term includes both technical courses and continuing education courses.

Comments

Source Note: The provisions of this §13.102 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective May 26, 2010, 35 TexReg 4153

§13.103: Limitation on Formula Funding for Excess Hours

(a) Institutions shall not submit excess hours to the Board for the purposes of formula funding, unless those hours are exempt under the provisions of §13.104 of this title (relating to Excessive Hour Exemptions).

(b) For the purposes of determining the number of hours required for a degree plan, institutions shall utilize the degree plan designated by the student as of the official census day of the term.

(1) If a student at a four-year institution is not enrolled in a degree program, institutions shall consider the student to be enrolled in a degree program requiring a minimum of 120 hours.

(2) If a student is enrolled on a temporary basis in a university or health-related institution and is also enrolled in a private or independent institution of higher education or an out-of-state institution of higher education, institutions shall consider the student to be enrolled in a degree program requiring a minimum of 120 hours.

(c) Institutions shall not consider any hours for which a student has enrolled as part of a master's or professional degree program without first completing a bachelor's degree in the calculation of the number of hours required for a bachelor's degree or the equivalent until the student has completed a minimum of 120 hours required for the bachelor's degree or equivalent.

Comments

Source Note: The provisions of this §13.103 adopted to be effective November 22, 2005, 30 TexReg 7730

§13.104: Exemptions for Excess Hours

The following types of hours are exempt and are not subject to the limitation on formula funding set out in §13.103 of this title (relating to Limitation on Formula Funding for Excess Hours):

(1) hours earned by the student before receiving a bachelor's degree that has been previously awarded to the student;

(2) hours earned through examination or similar method without registering for a course;

(3) hours from remedial and developmental courses, workforce education courses, or other courses that would not generate academic credit that could be applied to a degree at the institution if the course work is within the 27-hour limit at two-year colleges and the 18-hour limit at general academic institutions;

(4) hours earned by the student at a private institution or an out-of-state institution;

(5) hours not eligible for formula funding; and

(6) semester credit hours earned by the student before graduating from high school and used to satisfy high school graduation requirements.

Comments

Source Note: The provisions of this §13.104 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective August 26, 2009, 34 TexReg 5679

§13.105: Limitation on Formula Funding for Repeated Hours for Attempted Courses

Institutions shall not submit for formula funding any hours for a course that is the same or substantially similar to a course that the student previously attempted for two or more times at the same institution.

Comments

Source Note: The provisions of this §13.105 adopted to be effective November 22, 2005, 30 TexReg 7730

§13.106: Exemptions for Repeated Hours for Attempted Courses

The following types of hours are exempt and are not subject to the limitation on formula funding set out in §13.105 of this title (relating to Limitation on Formula Funding for Repeated Hours for Attempted Course).

(1) hours for remedial and development courses, if the course work is within the 27-hour limit at two-year colleges and the 18-hour limit at general academic institutions;

(2) hours for special topics and seminar courses;

(3) hours for courses that involve different or more advanced content each time they are taken, including but not limited to, individual music lessons, Workforce Education Courses, Manual Special Topics courses (when the topic changes), theater practicum, music performance, ensembles, certain physical education and kinesiology courses, and studio art;

(4) hours for independent study courses; and

(5) hours for continuing education courses that must be repeated to retain professional certification.

Comments

Source Note: The provisions of this §13.106 adopted to be effective November 22, 2005, 30 TexReg 7730

§13.107: Limitation on Formula Funding for Remedial and Developmental Courses

Institutions shall not submit for formula funding any hours for remedial and development courses for which a student has exceeded 18 hours of remedial and developmental courses in a general academic teaching institution, or 27 hours of remedial and developmental courses in a public community college, public technical college, or public state college.

Comments

Source Note: The provisions of this §13.107 adopted to be effective November 22, 2005, 30 TexReg 7730

§13.108: Tuition Rate for Students

(a) An institution may charge a higher tuition rate, not to exceed the rate charged to nonresident undergraduate students, to a student whose hours can no longer be submitted for formula funding under §13.103 of this title (relating to Limitation on Formula Funding for Excess Hours), unless those hours are exempted under §13.104 of this title (relating to Exemptions for Excess Hours).

(b) Unless the hours are exempted under §13.106 of this title (relating to Exemptions for Repeated Hours for Attempted Courses), an institution may charge a higher tuition rate, not to exceed the rate charged to nonresident undergraduate students, to a student who enrolls for the second time in a completed course, even though those hours may be submitted for formula funding, or to a student whose hours may no longer be submitted for formula funding under §13.105 of this title (relating to Limitation on Formula Funding for Repeated Hours for Attempted Course).

(c) If an institution charges a higher tuition rate under this section, it shall adopt a policy under which a student is exempted from the payment of that higher tuition rate, if the payment of the higher tuition rate would result in an economic hardship for the student.

(d) A student shall be exempted from payment of higher tuition for any course repeated in the final semester or term before graduation, if the course(s) is taken for the purpose of receiving a grade that will satisfy a degree requirement. This exemption applies for only one semester. The exemption does not affect an institution's ability to charge a higher tuition rate for courses that cannot be reported for funding for other reasons such as the excess credit hour limit, or an institution's ability to waive higher tuition rates for economic hardship.

Comments

Source Note: The provisions of this §13.108 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective November 19, 2006, 31 TexReg 9288

§13.109: Additional Responsibilities of Institutions

(a) Institutions shall report to the Board all information required to comply with the provisions of this subchapter. Based upon this information, the Coordinating Board shall maintain a database containing information regarding the number of hours a student has accumulated.

(b) Each institution shall publish information in the catalog about the limitations on hours set out in this subchapter and the tuition rate that will be charged to affected students. Until this material is included in its catalog, the institution shall inform each new undergraduate student enrolling at the institution in writing of the limitations on formula funding and the tuition rate that will be charged to affected students.

(c) Institutions shall track the progress of students and shall identify and assist those students who are approaching the limitations on formula funding.

(d) Community and technical colleges and the Lamar State Colleges shall inform each student of the individual's progress toward the limitations on formula funding and shall disclose the institution's tuition policy for students who exceed the limitations when the student has accumulated 70 or more hours.

(e) Universities and health-related institutions shall inform each student of the individual's progress toward the limitations on formula funding and shall disclose the institution's tuition policy for students who exceed the limitations when the student has accumulated 120 or more hours toward the limit.

Comments

Source Note: The provisions of this §13.109 adopted to be effective November 22, 2005, 30 TexReg 7730

Subchapter G

§13.120: Purpose and Scope

The purpose of this subchapter is to establish standards and accounting methods for determining restricted research expenditures, for reporting verified restricted research expenditures to the Comptroller of Public Accounts, for reporting how funds were expended during the fiscal year, for auditing the reported restricted research expenditures, and for appealing decisions relating to restricted research expenditures.

Comments

Source Note: The provisions of this §13.120 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679

§13.121: Authority

Texas Education Code, §62.091, establishes the Research Development Fund to promote increased research capacity at eligible general academic teaching institutions. Texas Education Code, §62.096, authorizes the Coordinating Board, with the assistance of an advisory committee, to prescribe standards and accounting methods for determining the amount of restricted research funds expended by an eligible institution in a state fiscal year.

Comments

Source Note: The provisions of this §13.121 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679

§13.122: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Norman Hackerman Advanced Research Program, Advanced Technology Program--research programs administered by the Board under Texas Education Code, Chapters 142 and 143.

(2) Advisory committee--The Coordinating Board's Restricted Research Advisory Committee.

(3) Board or Coordinating Board--the Texas Higher Education Coordinating Board.

(4) Clinical Trial Agreement--an externally sponsored agreement for the administration of a specifically mandated patient protocol (sometimes in multiple clinical sites involving other institutions), in which some costs typically are paid from patient charges or other sources.

(5) Commissioner--Commissioner of Higher Education.

(6) Comptroller--the Texas Comptroller of Public Accounts.

(7) Demonstration Projects--projects in which the primary purpose is to apply previous Research and Development findings in new settings and to demonstrate their utility.

(8) Departmental Research--research, development, and scholarly activities that are not organized research and, consequently, are not separately budgeted by an institution.

(9) Development--the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes.

(10) Eligible institution or institution--a general academic teaching institution, as defined by Texas Education Code, §61.003, other than The University of Texas at Austin, Texas A&M University, and Prairie View A&M University.

(11) Higher Education Assistance Fund (HEAF)--a fund established in Article 7, §17, of the Texas Constitution to fund capital improvements and capital equipment for institutions not included in the Permanent University Fund.

(12) Indirect Costs--costs incurred for certain overhead related to administering a particular sponsored project, an instructional activity, or any other institutional activity. Indirect costs are synonymous with "facilities and administrative (F&A) costs."

(13) Industrial Collaboration Agreements--agreements with universities, colleges, centers, or institutes under which funds are provided for collaborative R&D activities. The activity must be sponsored by private philanthropic organizations and foundations, for-profit businesses, or individuals.

(14) Instruction--the teaching and training activities of an institution. This term includes all teaching and training activities, whether they are offered for credit toward a degree or certificate or on a non-credit basis, and whether they are offered through regular academic departments or separate divisions, such as a summer school division or an extension division.

(15) Multiple Function Awards--awards that have multiple goals, such as research, instruction, and public service.

(16) Organized research--research and development activities of an institution that are separately budgeted by an institution.

(17) Other Sponsored Activities--programs and projects financed by Federal and non-Federal agencies and organizations that involve the performance of work other than instruction and organized research. Examples of such programs and projects are health service projects and community service programs. Other Sponsored Activities may include travel grants, unless for research activities; support for conferences or seminars; support for university public events; provision of non-instructional and economic services beneficial to individuals and groups external to the university such as testing or diagnostic services, surveys, urban planning and mapping, etc.; publications by the university press; support for student participation in community service projects; support for projects pertaining to library collections, acquisitions, bibliographies or cataloging, unless primarily for documented research purposes; or programs to enhance institutional resources, including computer enhancements, unless primarily for documented research purposes.

(18) Permanent University Fund (PUF)--A fund established in Article 7, §11, of the Texas Constitution to fund capital improvements and capital equipment at certain institutions of higher education.

(19) Pass-Throughs to Sub-recipients--external award funds passed from one entity ("pass-through" entity) to another entity sub-recipient. The sub-recipient administers the program, expending the award funds on behalf of or in connection with the pass-through entity.

(20) Research--a systematic study directed toward fuller scientific knowledge or understanding of the subject studied and the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities.

(21) Research and Development (R&D)--all research activities, both basic and applied, and all development activities that are supported at universities, colleges, and other non-profit institutions. R&D also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. Curriculum development projects may be considered as R&D when the primary purpose of the project is to develop and test an instructional or educational model through appropriate research methodologies, such as data collection, evaluation, dissemination, and publication.

(22) Research Development Fund--a method of allocating funds based on institutional restricted research expenditures and established outside the state treasury to promote increased research capacity at eligible general academic teaching institutions under Texas Education Code, §§62.091 - 62.098.

(23) Restricted funds (restricted awards)--funds for which some external agency or organization has placed limitations on the uses for which the funds may be spent.

(24) Restricted research expenditures--expenditures from restricted funds (restricted awards) used for research and development.

(25) Sponsored Instruction and Training--specific instructional or training activity established by grant, contract, or cooperative agreement with federal, state, or local government agencies; private philanthropic organizations and foundations; for-profit businesses; or individuals. Sponsored Instruction includes:

(A) any project for which the primary purpose is to instruct any student at any location; recipients of this instruction may be university students or staff, teachers or students in elementary or secondary schools, or the general public, except for those activities defined in paragraph (26) of this section;

(B) curriculum development projects at any level either to improve significantly or to add to an institution's general instructional offerings, and do not include R&D;

(C) projects that involve university students in community service activities for which they are receiving academic credit;

(D) activities funded by awards to departments or schools for the support of students, except for those activities defined in paragraph (26)(E), of this section as Sponsored R&D;

(E) dissertation work funded by grants, including grants for travel in relation to a dissertation, unless associated with a R&D activity as defined in paragraph (21) of this section;

(F) outreach programs that bring local students on campus for classes; or

(G) general support for the writing of textbooks or reference books, video, or software to be used as instructional materials.

(26) Sponsored Research and Development (Sponsored R&D)--activity funded (sponsored) by grants, gifts, and/or contracts, including sponsored research contracts, that are designated by the sponsor as primarily for R&D purposes. The activity must be sponsored by federal, state, or local governmental agencies; private philanthropic organizations and foundations; for-profit businesses; or individuals. Sponsored R&D includes:

(A) awards to university faculty to support R&D activities;

(B) external faculty "career awards" to support the R&D efforts of the faculty;

(C) external funding to maintain facilities or equipment and/or operation of a enter or facility that will be used for R&D;

(D) external support for the writing of books, when the purpose of the writing is to publish R&D results;

(E) activities involving the training of individuals in R&D techniques (commonly called R&D training) where such activities utilize the same facilities as other R&D activities and where such activities are not included in the Instruction function;

(F) the research portion of expenditures in the federal work-study program, in accordance with instructions for preparing the annual financial report that is submitted by an institution to the Comptroller after each fiscal year ends; or

(G) clinical trial agreements in which data collection and analysis are the primary components of the institution's role in the trial, excluding costs that are covered by patient charges or similar sources.

(27) University Research and Development (University R&D)--activity that is supported by unrestricted university funds that the university has designated for use in R&D, such as unrestricted gifts, distributions from unrestricted endowments, interest income, technology licensing income, fees received from external entities for non-research services, proceeds from cost recovery enterprises, state appropriations not identified specifically by the legislature for R&D purposes, non-capitalized allocations from the PUF or HEAF for R&D purposes other than construction and remodeling, state appropriations made directly to the university for R&D through formula or special item funding including Norman Hackerman Advanced Research Program, ATP, or cost-sharing expenditures by the university.

Comments

Source Note: The provisions of this §13.122 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679

§13.123: Restricted Research Advisory Committee

The Commissioner shall appoint an advisory committee to review and recommend changes to standards and accounting methods for determining restricted research expenditures.

(1) The advisory committee shall consist of 11 to 15 representatives from eligible higher education institutions.

(2) The Commissioner shall select institutions that represent both system institutions and institutions that are not in systems, including institutions that provide diversity in size, mission, and geographic distribution for membership on the advisory committee.

(3) At least 30 days prior to meeting, the Commissioner shall inform the presidents of selected institutions that they may recommend an institutional representative to serve on the advisory committee.

(4) Advisory committee members shall serve staggered, three-year terms.

(5) The advisory committee shall elect a member to serve as its chair.

(6) The Commissioner may remove an advisory committee member who is absent for three consecutive meetings of the advisory committee.

Comments

Source Note: The provisions of this §13.123 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679

§13.124: Standards and Accounting Methods for Determining Restricted Research Expenditures

(a) Only expenditures from restricted research awards made from the following types of projects and activities and sponsored by federal, state, or local governmental agencies; private philanthropic organizations and foundations; for-profit businesses; or individuals shall be classified as restricted research expenditures:

(1) Sponsored R&D, as defined in §13.122 of this title (relating to Definitions).

(2) Industrial Collaboration Agreements for R&D activities, as defined in §13.122 of this title.

(3) Demonstration Projects, as defined in §13.122 of this title, which have a significant new R&D component.

(4) Sponsored instruction and training, as defined in §13.122 of this title, for curriculum development projects when the primary purpose of the project is developing and testing an instructional or educational model through appropriate research methodologies that include data collection, evaluation, dissemination, and publication.

(5) Multiple Function Awards, as defined in §13.122 of this title if the scope or activities of the restricted awards include R&D, these are subject to the following limitation: if the purpose of a restricted award is primarily (more than 50 percent) research, then all expenditures made from that award qualify as restricted research expenditures. If the purpose of the restricted award is not primarily research (less than 50 percent), then none of the expenditures may be counted as restricted research. Primary purpose will normally be demonstrated by more than half of the funds having been budgeted for research, but may be demonstrated by the sponsor's statement of purpose or other documented evidence.

(b) Institutions shall document the process for determining restricted research awards and shall maintain documentation justifying the rationale used to classify the awards as restricted research.

Comments

Source Note: The provisions of this §13.124 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679

§13.125: Report on Restricted Research Awards

(a) Not later than June 30, each eligible institution shall provide to the Commissioner a verified report of all restricted research awards for the current state fiscal year. Only those projects or activities described in §13.124 of this title (relating to Standards and Accounting Methods for Determining Restricted Research Expenditures) shall be included in the report.

(1) Classified military projects or any sponsored program deemed confidential or proprietary by funding entities shall not be included in the award lists.

(2) If the project or activity is pursuant to an award from the federal government, it shall be classified by the federal government as R&D.

(3) The report shall be in a format and with the specific content prescribed by the Commissioner.

(4) The report shall indicate the person or persons who determined that the projects or activities were restricted research projects or activities.

(5) The Commissioner shall provide the reports made under this section to each eligible institution.

(b) Not later than July 31 of each year, the Commissioner shall convene a review panel of representatives of all eligible institutions. The president of each eligible institution shall recommend the institution's representative on the review panel.

(1) The Commissioner shall provide each review panel member with a copy of each eligible institution's report on restricted research awards.

(2) The review panel shall examine the institutions' reports on restricted research awards and provide a report to the Commissioner, recommending to the Commissioner those awards from which expenditures may be classified as restricted research expenditures.

(3) The Commissioner shall review the report of the review panel and determine those awards from which expenditures may be classified as restricted research expenditures.

(4) Not later than August 15, the Commissioner shall provide each institution with a copy of the recommendations of the review panel and notify each institution of its awards from which expenditures may be classified as restricted research expenditures.

(5) If an institution wishes to appeal the classification of a restricted research award, the President of the institution shall notify the Commissioner, in writing, not later than September 1. The Commissioner will review the appeal, determine whether to re-classify the expenditure, and notify the institution of the decision.

Comments

Source Note: The provisions of this §13.125 adopted to be effective May 15, 2005, 30 TexReg 2664; amended to be effective August 26, 2009, 34 TexReg 5679

§13.126: Reports of Restricted Research Expenditures

Not later than October 15, each eligible institution shall provide a verified, preliminary report of its restricted research expenditures to the Commissioner. The Preliminary Report will include restricted research expenditures from the awards approved by the Commissioner under §13.125 of this title (relating to Report on Restricted Research Awards).

(1) Expenditures for indirect costs of any restricted research award shall not be included in the Preliminary Report.

(2) Expenditures for pass-throughs to sub-recipients shall not be included in the report.

(3) Not later than November 1 of each fiscal year for which there is an appropriation for the Research Development Fund, the Commissioner shall provide a preliminary restricted research expenditure report to the Comptroller and recommend funding allocations from the Research Development Fund to eligible institutions.

(4) The funds shall be apportioned among the eligible institutions based on the average amount of restricted research funds by each institution per year for the three preceding state fiscal years.

(5) Not later than December 1, and after completion of the institutions' annual financial reports, and revisions based on corrections from audits, each eligible institution shall provide the Commissioner and the Legislative Budget Board with a final report of restricted research expenditures. The Final Report will include a description of research expenditures, including expenditures of funds received during preceding fiscal years.

Comments

Source Note: The provisions of this §13.126 adopted to be effective August 26, 2009, 34 TexReg 5680

§13.127: Audits

The Commissioner may require an audit of the restricted research records of an eligible institution to verify the submitted information.

Comments

Source Note: The provisions of this §13.127 adopted to be effective August 26, 2009, 34 TexReg 5680

Subchapter H

§13.140: Purpose

The purpose of this subchapter is to establish the reporting requirements for institutions to submit data on tuition and fees and to provide uniform definitions for the different types of tuition and fees.

Comments

Source Note: The provisions of this §13.140 adopted to be effective February 21, 2006, 31 TexReg 1023

§13.141: Authority

2005 Tex.Sess.Law Serv, 288 (Vernon) requires the Board to compile data on the tuition and fees charged at each two-year and four-year institution of public higher education and report that data to the Texas Legislature. Texas Education Code, §54.053 authorizes the Board to adopt rules to carry out the purposes of Texas Education Code, Chapter 54, Subchapter B.

Comments

Source Note: The provisions of this §13.141 adopted to be effective February 21, 2006, 31 TexReg 1023

§13.142: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Auxiliary fee--A mandatory or discretionary fee that an institution charges to recover costs from a student for a service or activity that is self-supporting.

(2) Coordinating Board--The Texas Higher Education Coordinating Board.

(3) Course fee--A mandatory fee required of all students enrolled in a given course; or a discretionary fee required of students in a given course who wish to participate in a special activity. This includes fees for state-funded continuing education courses.

(4) Discretionary fee--An optional fee that the governing board of an institution is permitted, but not required, by statute to charge all students. Examples of this fee are parking fees charged under Texas Education Code, §54.505 and incidental fees charged under Texas Education Code, §54.504.

(A) Voluntary fee--A discretionary fee authorized under Texas Education Code, §§54.503, 54.5061 and 54.513, that is charged only to those students who make use of the service or item for which the fee is established. This includes fees for state-funded continuing education courses.

(B) Matriculation fee--A discretionary fee authorized under Texas Education Code, §54.006(a), that an institution, other than a public community college or public technical college, may charge a student withdrawing from the institution before the first day of class.

(5) General academic teaching institution--An institution included in the provisions of Texas Education Code, §61.003(3).

(6) Incidental fee--A mandatory fee authorized by the governing board of an institution and collected under Texas Education Code, §55.16 or §130.084, and levied at the discretion of the governing board of an institution that is charged to all students; or a discretionary fee collected under Texas Education Code, §54.504, for particular services provided to students.

(7) Institution or institution of higher education--Any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in Texas Education Code, §61.003(8).

(8) Mandatory fee--A fee authorized by statute or the governing board of an institution that is charged to a student upon enrollment. For institutions other than public community colleges, such fees would be required to be paid by the census date or other date as mandated by the state for formula funding purposes. Examples of such fees are: laboratory fees, course and incidental fees collected under Texas Education Code, §55.16(c), and other mandatory fees as authorized by the governing board of the institution. For public community colleges, such fees would include fees collected from students enrolled in state-funded continuing education courses.

(A) Laboratory fee--A mandatory fee that is charged under Texas Education Code, §54.501.

(B) Compulsory fee--A mandatory fee authorized under Texas Education Code, §§54.503, 54.5061, and 54.513.

(9) Medical and dental unit--An institution included in the provisions of Texas Education Code, §61.003(5).

(10) Optional fee--Has the same meaning as discretionary fee defined in paragraph (4) of this section.

(11) Public junior or community college--Any junior or community college certified by the board in accordance with Texas Education Code, §61.063.

(12) Public technical institute--An institution included in the provisions of Texas Education Code, §61.003(7).

(13) Required fee--Has the same meaning as mandatory fee defined in paragraph (8) of this section.

(14) Tuition--Statutory, designated, and/or board-authorized tuition.

(A) Statutory tuition--A tuition charge authorized under Texas Education Code, §54.051, in an amount determined by the Texas Legislature for resident or nonresident students. This includes the charge for state-funded continuing education courses.

(B) Designated tuition--A tuition charge authorized under Texas Education Code, §54.0513, that institutions other than public community colleges may impose on any graduate or undergraduate, resident or nonresident student, in an amount that the governing board of the institution considers necessary for the effective operation of the institution.

(C) Board authorized tuition--A tuition charge that a general academic teaching institution or a medical and dental unit may impose on any graduate resident or nonresident student in an amount as specified in Texas Education Code, §54.008.

(15) Tuition fee--Statutory, designated, and/or board-authorized tuition.

Comments

Source Note: The provisions of this §13.142 adopted to be effective February 21, 2006, 31 TexReg 1023; amended to be effective August 15, 2006, 31 TexReg 6331

§13.143: Reporting

(a) By May 1, 2006, each institution shall report to the Board the types and amounts of tuition and fees charged to students by semester, beginning with the 2003 fall semester and including the 2005 spring semester.

(b) Beginning December 1, 2006, each institution shall report the types and amounts of tuition and fees charged to students by semester during the previous academic year.

(c) In reporting the types and amounts of tuition and fees charged to students, all institutions shall classify the tuition and fees according to the definitions of those terms provided in §13.142 of this title (relating to Definitions).

Comments

Source Note: The provisions of this §13.143 adopted to be effective February 21, 2006, 31 TexReg 1023

Subchapter I

§13.150: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) At-Risk Student--An undergraduate student who has one of the following attributes.

(A) score on the Scholastic Assessment Test (SAT) or the American College Test (ACT) is less than the national mean score of students' scores on that test;

(B) has been awarded a grant under the federal Pell Grant program;

(C) was 20 years of age or older on the date the student initially enrolled in the institution;

(D) enrolled as a part-time student; and

(E) did not receive a high school diploma but received a high school equivalency certificate within the last six years.

(2) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.

(3) Coordinating Board--The Texas Higher Education Coordinating Board.

(4) Critical Field--Field of engineering, computer science, mathematics, physical science, allied health, nursing, or teacher certification in a field of science or mathematics.

(5) Eligible Public Institution--A general academic teaching institution other than a public state college as defined in Texas Education Code, §61.003.

Comments

Source Note: The provisions of this §13.150 adopted to be effective November 30, 2009, 34 TexReg 8521

§13.151: Authority

(a) Texas Education Code, §62.071, defines the eligibility for the Performance Incentive Funding.

(b) Texas Education Code, §62.072, establishes the methodology for distribution of the funding provided for this purpose.

(c) Texas Education Code, §62.073, authorizes the Board, to adopt rules for the administration of the program.

Comments

Source Note: The provisions of this §13.151 adopted to be effective November 30, 2009, 34 TexReg 8521

§13.152: Performance Incentive Fund (PIF)

(a) Purpose. The purpose of this program is to provide funds to eligible institutions based on the degrees awarded as the increase in degrees awarded, as appropriated by the Legislature, as compared to previous outcomes.

(b) Distribution.

(1) 50 percent to be distributed among eligible institutions in proportion to the increase, if any, in the average number of degrees awarded annually by each institution in the two most recent fiscal years from the average number of degrees awarded annually by that institution in the two fiscal years immediately preceding those fiscal years, using the weights assigned to each degree.

(2) 50 percent to be distributed among eligible institutions in proportion to the average number of degrees awarded annually by each institution in the three most recent fiscal years, using the weights assigned to each degree.

(c) Calculation of awards. A number of points is assigned for each degree awarded by an eligible institution according to the following:

(1) Noncritical field--not at-risk student: 1 point

(2) Noncritical field--at-risk student: 2 points

(3) Critical field--not at-risk student: 2 points

(4) Critical field--at-risk student: 3 points

Comments

Source Note: The provisions of this §13.152 adopted to be effective November 30, 2009, 34 TexReg 8521

Subchapter J

§13.180: Authority, Scope, and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Subchapter X, Texas Fund for Geography Education. These rules establish procedures to administer the fund as prescribed in the Texas Education Code, §§61.942 through 61.945.

(b) Scope. Unless otherwise noted, this subchapter applies to the National Geographic Society, the Texas Higher Education Board, and any institution seeking funding from the Texas Fund for Geography Education.

(c) Purpose. This subchapter establishes guidelines for the creation and implementation of the Texas Fund for Geography Education, which will support projects to improve the quality of geography education in both public and higher education in Texas and promote a better understanding of Texas by all its residents.

Comments

Source Note: The provisions of this §13.180 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.181: Definitions

The following words and terms, when used in these sections, shall have the following meanings unless the context clearly indicates otherwise.

(1) Agreement--The agreement between the National Geographic Society and the Coordinating Board to create and administer the Texas Fund for Geography Education.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Commissioner--The Commissioner of Higher Education.

(4) Committee--The advisory committee appointed by the Commissioner to solicit and recommend grant proposals.

(5) Fund--The Texas Fund for Geography Education, which consists of funds contributed by the Board, the Society, and donors and income to the fund.

(6) Society--The National Geographic Society of Washington, D.C.

Comments

Source Note: The provisions of this §13.181 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.182: Agreement with National Geographic Society

(a) The Board shall enter into an agreement with the Society to create and to manage the fund, subject to the following conditions:

(b) The Board shall deposit money into the fund only in an amount equal to the matching funds deposited by the Society;

(c) The Society shall provide to the advisory committee an annual report describing the fund's investments; and

(d) The Board and the Society shall each retain the right to dissolve the agreement if the purposes herein are not being accomplished.

(e) The Board may transfer to the Society any amount appropriated by the Texas Legislature to the Board for that purpose.

(f) The Board or the Society may accept donations from private individuals or corporations who wish to contribute to the fund.

Comments

Source Note: The provisions of this §13.182 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.183: Dissolution of the Fund

If the Board or the Society dissolves the fund, the fund balance shall be distributed in the following manner:

(1) one-half to the general revenue fund of the State of Texas;

(2) remainder to donors to the fund, in the amount the donor deposited; and

(3) any further remainder to the Society.

Comments

Source Note: The provisions of this §13.183 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.184: Advisory Committee

The Commissioner shall appoint an advisory committee of seven (7) persons who have expertise and interest in geography education. The committee shall include at least one member representing the interests and needs of K-12 education and at least one representative of the Texas Geographic Alliance. The committee shall solicit grant proposals, consider those proposals, and make recommendations to the Society.

Comments

Source Note: The provisions of this §13.184 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.185: Procedures for Solicitation and Recommendation of Grant Proposals

The Committee shall, in cooperation with the Society, establish standards and procedures for soliciting grant proposals, the grant application process, consideration of proposals, committee recommendations to the Society, and awarding of grants.

Comments

Source Note: The provisions of this §13.185 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.186: Eligibility

Public and private and independent institutions of higher education as defined in Texas Education Code, §61.003 shall be eligible to compete for grants.

Comments

Source Note: The provisions of this §13.186 adopted to be effective November 28, 2001, 26 TexReg 9605

§13.187: Reporting

Not later than December 1 of each even-numbered year, the Commissioner shall report to the Board, the governor and the legislature. The report shall include:

(1) the value of the fund;

(2) the membership of the committee;

(3) a summary of each project supported by a grant from the fund during the preceding two years; and

(4) any other appropriate information.

Comments

Source Note: The provisions of this §13.187 adopted to be effective November 28, 2001, 26 TexReg 9605

Subchapter K

§13.190: Authority, Scope, and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Subchapter V, Technology Workforce Development. These rules establish rules for administering the grant program as prescribed in the Texas Education Code, §§51.851 - 51.860.

(b) Scope. Unless otherwise noted, this subchapter applies to any Texas institution of higher education seeking funding under this program.

(c) Purpose. The purpose of this program is to provide grants to eligible institutions of higher education to undertake programs to increase the number of graduates with baccalaureate degrees in engineering and computer science.

Comments

Source Note: The provisions of this §13.190 adopted to be effective February 27, 2002, 27 TexReg 1328; amended to be effective May 23, 2004, 29 TexReg 5079

§13.191: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Board means the Texas Higher Education Coordinating Board.

(2) Consortium means the Texas Engineering and Technical Consortium created pursuant to Texas Education Code, §51.833.

(3) Eligible institution means an academic member of the consortium.

(4) Technology Workforce Development Account means an account in the general revenue fund of the State Treasury created pursuant to Texas Education Code, §51.835.

(5) Commissioner means the Commissioner of Higher Education.

(6) Sole proposal means a proposal involving eligible institution.

(7) Joint proposal means a proposal submitted by two or more eligible institutions.

Comments

Source Note: The provisions of this §13.191 adopted to be effective February 27, 2002, 27 TexReg 1328

§13.192: Advisory Committee

(a) The Board chair shall appoint an advisory committee to provide advice regarding implementing the grant program.

(b) Members of the advisory committee shall be experts in the field of engineering or computer science.

(c) The committee shall consist of 11 members, six of whom are representatives of companies participating in the consortium and five of whom are representatives of higher education.

(d) Members shall serve for staggered three-year terms.

(e) The committee shall meet at least once each year in Austin on a date determined by the chair.

(f) The committee shall elect a chair and vice chair and such other officers, as the committee deems necessary at the first meeting in each calendar year.

Comments

Source Note: The provisions of this §13.192 adopted to be effective February 27, 2002, 27 TexReg 1328

§13.193: Proposal Solicitation

(a) The Board shall authorize distribution of a request for proposals.

(b) The request for proposals shall be distributed to all members of the consortium at least 30 working days prior to the due date for proposals.

(c) The request for proposals shall contain all information necessary to prepare a grant proposal for the program including the financial and other resources available for distribution, the evaluation criteria that will be used by the review panels, and the award selection criteria that shall be used in funding projects.

(d) The request for proposals shall include grant conditions that will describe eligible uses of grant funds, reporting requirements, and relevant administrative restrictions associated with the grants.

(e) Eligible institutions shall submit their proposals in the manner and format specified by the Coordinating Board with all requested information included.

Comments

Source Note: The provisions of this §13.193 adopted to be effective February 27, 2002, 27 TexReg 1328; amended to be effective August 17, 2003, 28 TexReg 6539; amended to be effective May 23, 2004, 29 TexReg 5079; amended to be effective August 16, 2007, 32 TexReg 4972

§13.194: Proposal Evaluation and Project Selection

(a) The Commissioner shall organize a competitive, peer-review system for evaluating proposals.

(b) Prior to the review panel meetings, the advisory committee shall establish the criteria for allocating available funds to projects ranked by peer review. The criteria shall be published on the Coordinating Board's web site.

(c) In evaluating proposals, reviewers shall consider the quality of the academic program, placement record for recent graduates, the feasibility of the institution's plans for increasing enrollments and graduates, and the cost-effectiveness of those plans. The review panels shall deliver a ranked list of competitively selected proposals to the Commissioner.

(d) The advisory committee shall review the selections of the reviewers and the recommendations of the staff and make recommendations to the Board. A committee member shall publicly disclose any personal, professional, or private interest in a proposal pending before the committee and shall not vote or otherwise participate in the decision regarding proposal recommendations. A committee member shall not be personally involved in handling any proposal, award, or other matter in which the member, a member's immediate family, a member's general business partner, or a member's institution has or may have a financial interest.

(e) Any information related to the evaluation and selection of proposals for the grant awards shall be confidential unless released by the Board pursuant to Subsections (f) and (g) of this section.

(f) Reviews will not be disclosed to persons outside the Board at any time, except that each project leader (grant applicant) will receive a copy of the reviewers of his or her proposal with the names, affiliations, and any other identifying characteristics of the reviewers redacted; and

(g) The names and affiliations of reviewers will be released as a group, without an identifying link to any grant application, until after the review process is complete.

(h) Decisions of the Commissioner/Board are final.

Comments

Source Note: The provisions of this §13.194 adopted to be effective February 27, 2002, 27 TexReg 1328; amended to be effective March 2, 2003, 28 TexReg 1856; amended to be effective May 23, 2004, 29 TexReg 5079

§13.195: Grants

(a) Grants shall be funded from the technology workforce development account in the general revenue fund and may include both money and in-kind contributions accepted by the Comptroller.

(b) Grants shall be for a period of no longer than five years.

(c) Grants shall be made to eligible institutions.

(d) After making a finding that an institution has failed to perform or failed to conform to grant conditions, the Commissioner may retract or reduce a grant.

(e) Grants must be used to fund new projects or activities or the expansion of existing activities. Grants may not be used to replace current funding for an existing project or activity.

(f) An eligible private or independent engineering institution must match the amount of the grant with an equal amount of contributions made by that institution for the project or activity for which the grant is awarded.

Comments

Source Note: The provisions of this §13.195 adopted to be effective February 27, 2002, 27 TexReg 1328; amended to be effective May 23, 2004, 29 TexReg 5079

§13.196: Reporting

(a) Twice each year, on dates and in a format specified by the Commissioner, eligible institutions that wish to participate in the grant program shall report enrollments and graduates in engineering and computer science.

(b) An institution that is awarded a grant under this program shall report on the use of grant funds and results of the grant not later than September 1 of each year in a format specified by the Board.

(c) An institution that is awarded a grant under this program shall provide a final report within 60 days of termination of the grant in a format specified by the Commissioner.

Comments

Source Note: The provisions of this §13.196 adopted to be effective February 27, 2002, 27 TexReg 1328

§13.197: External Evaluation

(a) Once each biennium, the Board chair shall appoint a committee to evaluate the effectiveness of the program.

(b) The committee shall consist of at least three persons, all of whom are experts in engineering or computer science. The committee shall include at least one representative of higher education and at least one representative of industry.

(c) The committee shall report the results of its evaluation to the Board not later than September 1 of each even-numbered year.

(d) The Board shall report the results of the evaluation to the governor, the legislature, and the consortium participants not later than October 31 of each even-numbered year.

Comments

Source Note: The provisions of this §13.197 adopted to be effective February 27, 2002, 27 TexReg 1328

Subchapter L

§13.200: Authority, Scope, and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Subchapter Q, Engineering Recruitment Programs. This subchapter establishes rules for administering the engineering summer program as prescribed in the Texas Education Code, §61.791 and §61.793.

(b) Scope. Unless otherwise noted, this subchapter applies to general academic teaching institutions or private or independent institutions of higher education (Texas Education Code, §61.003) that offer an engineering degree program.

(c) Purpose. The purpose of the program is to provide grants to each general academic teaching institution and to each private or independent institution of higher education that offers an engineering degree program to implement a one-week summer program for middle and high school students. Participating students receive instruction in math, science, and engineering concepts, similar to that offered in an engineering degree program.

Comments

Source Note: The provisions of this §13.200 adopted to be effective November 28, 2007, 32 TexReg 8494; amended to be effective August 26, 2009, 34 TexReg 5681

§13.201: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education.

(3) Eligible institution--Any public general academic teaching institution or any private or independent institution of higher education that offers one or more degree programs in engineering.

(4) Summer program--A math, science, and engineering laboratory-oriented engineering immersion program, organized and offered by an eligible institution on its campus.

Comments

Source Note: The provisions of this §13.201 adopted to be effective November 28, 2007, 32 TexReg 8494; amended to be effective August 26, 2009, 34 TexReg 5681

§13.202: Summer Program

(a) A summer program shall be designed for middle and/or high school students to introduce participants to math, science, and engineering concepts similar to that offered in an engineering degree program.

(b) Once every fiscal year, depending on available funding, the Commissioner may authorize distribution of a request for application for the summer program.

(c) The Board shall post the request for application on the agency website at least 30 working days prior to the due date for submission and shall notify all eligible institutions.

(d) The request for application shall:

(1) require a one-week summer program with a minimum of 36 contact hours per week;

(2) contain information necessary to prepare an application including notification of available financial resources to be distributed;

(3) require applying institution to include students who are from underrepresented demographic groups in engineering programs;

(4) require participants to have an appropriate math and science background according to the skill level of the summer program offered; and

(5) specify other grant conditions.

(e) Each eligible institution may submit one application and the Commissioner shall contract grants for the summer programs based on submitted applications and availability of funding.

(f) All institutions receiving a grant for a summer program shall submit a final report to the Board within 30 days of the end of the award period. The Commissioner shall specify the format for the report.

(g) All institutions receiving a grant for a summer program shall submit a final financial report to the Board within 90 days of the end of the award period. The Commissioner shall specify the format for the report.

(h) After making a finding that an eligible institution has failed to perform or failed to conform to grant conditions, the Commissioner may retract or reduce the grant for the summer program.

(i) The governing board of each eligible institution shall cooperate with the board in administering this program.

Comments

Source Note: The provisions of this §13.202 adopted to be effective November 28, 2007, 32 TexReg 8494; amended to be effective August 26, 2009, 34 TexReg 5681

Chapter 14

Subchapter A

§14.1: Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Coordinating Board--the Texas Higher Education Coordinating Board.

(2) Commissioner--the Commissioner of Higher Education.

(3) Advisory Committee--the Advisory Committee on Research Programs appointed by the Coordinating Board pursuant to Texas Education Code, §§142.003 and 143.004.

(4) Research program--the Norman Hackerman Advanced Research Program.

(5) Technology program--the Advanced Technology Program.

(6) Technology transfer program--the Technology Development and Transfer Program.

(7) Research funding programs--the Norman Hackerman Advanced Research Program, Advanced Technology Program, and Technology Development and Transfer Program.

(8) Eligible public institution--an institution of higher education, as defined by Texas Education Code, §61.003(8).

(9) Eligible independent institution--a private institution of higher education eligible to grant degrees in Texas as defined in Texas Education Code, §61.003(15).

(10) Investigator--an applicant whose name appears as a principal investigator, co-investigator, or collaborating investigator on a pre-proposal or full proposal submitted for any of the research funding programs.

(11) Supplemental grants program--the Supplemental Grants Program for High School Teachers.

Comments

Source Note: The provisions of this §14.1 adopted to be effective March 2, 2003, 28 TexReg 1857; amended to be effective August 11, 2004, 29 TexReg 7673; amended to be effective August 26, 2009, 34 TexReg 5681

§14.2: Authority and Scope

(a) Authority for this chapter is provided in the Texas Education Code, Chapters 142 and 143 respectively, on the Advanced Research Program and Advanced Technology Program.

(b) Unless otherwise specified, this chapter applies to the Coordinating Board, any Texas institution of higher education seeking funding under the programs in this chapter and any tenured or tenure-track faculty member of such institution or research professional in a permanent position in such institution.

(c) This chapter provides the Coordinating Board the regulating rules applicable to the administration of the Norman Hackerman Advanced Research Program, Advanced Technology Program, Technology Development and Transfer Program, and other related programs.

Comments

Source Note: The provisions of this §14.2 adopted to be effective March 2, 2003, 28 TexReg 1857; amended to be effective August 26, 2009, 34 TexReg 5681

Subchapter B

§14.11: Purpose

(a) The research program supports research designed to attract and retain the best students and researchers and to help provide the knowledge base needed for innovation.

(b) The research program is established to encourage and provide support for basic research conducted by faculty and students in eligible public and independent institutions in Texas in the research areas specified by Texas Education Code, §142.002 and as revised by the Advisory Committee.

Comments

Source Note: The provisions of this §14.11 adopted to be effective March 2, 2003, 28 TexReg 1857; amended to be effective August 26, 2009, 34 TexReg 5681

§14.12: Eligibility

(a) Only eligible public and independent institutions, as specified in Texas Education Code §61.003 may compete in the research program.

(b) An eligible public or independent institution must be accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

(c) An eligible public or independent institution must have adopted an intellectual property policy meeting the minimal standards set out in Texas Education Code, §51.680. A copy of the policy must be approved by the Commissioner and be on file at the Coordinating Board.

Comments

Source Note: The provisions of this §14.12 adopted to be effective March 2, 2003, 28 TexReg 1857; amended to be effective August 26, 2009, 34 TexReg 5681

§14.13: Evaluation Criteria

(a) Proposals for the research program shall be evaluated on the basis of merit and soundness of the proposal, capability of the investigator, student involvement and research training opportunities, and adequacy of institutional commitment and resources.

(b) The Coordinating Board and the Advisory Committee may delete or add any relevant criteria for evaluating the proposals for the research program.

Comments

Source Note: The provisions of this §14.13 adopted to be effective March 2, 2003, 28 TexReg 1857

Subchapter C

§14.31: Purpose

(a) The technology program is established to promote the State's economic growth and diversification by increasing the number and quality of scientists and engineers in Texas, enlarging the technology base available to business and industry, creating new products and services, and attracting new industries to Texas.

(b) The technology program is designed to provide support for technology research conducted in eligible public or independent institutions in Texas in the research areas specified by Texas Education Code, §143.003.

Comments

Source Note: The provisions of this §14.31 adopted to be effective March 2, 2003, 28 TexReg 1858

§14.32: Eligibility

(a) Any eligible institutions whether public or independent may apply for the technology program.

(b) An eligible public or independent institution must be accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

(c) An eligible public or independent institution must have adopted an intellectual property policy meeting the minimal standards set out in Texas Education Code, §51.680. A copy of the policy must be approved by the Commissioner and be on file at the Coordinating Board.

Comments

Source Note: The provisions of this §14.32 adopted to be effective March 2, 2003, 28 TexReg 1858

§14.33: Evaluation Criteria

(a) Proposals for the technology program shall be evaluated on the basis of merit and soundness of the proposal, capability of the investigator, student involvement and research training opportunities, and adequacy of institutional commitment and resources.

(b) Prospects for leveraged funds and technology transfer may be considered when evaluating proposals for the technology program.

(c) The Coordinating Board and the Advisory Committee may delete or add any relevant criteria for evaluating the proposals for the technology program.

Comments

Source Note: The provisions of this §14.33 adopted to be effective March 2, 2003, 28 TexReg 1858

Subchapter D

§14.51: Purpose

The technology transfer program is established to support technology development and the transfer of that technology to the private sector in Texas.

Comments

Source Note: The provisions of this §14.51 adopted to be effective March 2, 2003, 28 TexReg 1858

§14.52: Eligibility

(a) Any eligible institutions whether public or independent may apply for the technology transfer program.

(b) An eligible public or independent institution must be accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

(c) An eligible public or independent institution must have adopted an intellectual property policy meeting the minimal standards set out in Texas Education Code, §51.680. A copy of the policy must be approved by the Commissioner and be on file at the Coordinating Board.

(d) An institution must show that it has external matching contributions from an industrial or private entity that intends to commercialize the technology in an amount equal to or greater than the amount of grant funds requested.

Comments

Source Note: The provisions of this §14.52 adopted to be effective March 2, 2003, 28 TexReg 1858

§14.53: Evaluation Criteria

(a) Criteria for evaluating the proposals for the technology transfer program shall include potential importance of the technology, technical merit and soundness of the proposal, personnel and physical resources available to the project, and the quality of the product development and technology transfer plan.

(b) The proposals for the technology transfer program shall be reviewed to determine whether matching contributions from the industrial collaborator(s) meet the program guidelines.

(c) The Coordinating Board and the Advisory Committee may delete or add any relevant criteria for evaluating the proposals for the technology transfer program.

Comments

Source Note: The provisions of this §14.53 adopted to be effective March 2, 2003, 28 TexReg 1858

Subchapter E

§14.71: Advisory Committee

(a) The Advisory Committee shall consist of experts in the specified research areas.

(b) The Advisory Committee shall advise the Coordinating Board concerning the development of research priorities, guidelines, funding allocations, and procedures for the selection of specific projects for awards on a competitive, peer review basis.

(c) The Advisory Committee shall determine funding to be allocated to each research area.

(d) The Chairman of the Coordinating Board shall appoint members of the Advisory Committee, who shall serve for a term of three years. In making appointments the chairman shall include both representatives of Texas industry and Texas higher education.

Comments

Source Note: The provisions of this §14.71 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.72: Pre-proposals and Proposal Solicitation

(a) At least five weeks prior to the pre-proposal due date, the Coordinating Board shall issue a Program Announcement that describes key information about the research funding programs including investigator eligibility, pre-proposal and proposal formats, funding allocations, evaluation criteria, and schedules.

(b) Investigators who have failed to submit any required reports such as progress and final reports for previous research funding program grants shall not be eligible to submit pre-proposals or proposals to the research funding programs.

(c) Investigators who have knowingly submitted false information or engaged in misconduct in science, engineering, and education in previous research funding program grants shall not be eligible to submit pre-proposals or proposals to the research funding programs.

(d) Institutions shall submit their pre-proposals in the manner and format specified by the Coordinating Board with all requested information included.

(e) An institution applying for the technology transfer program shall provide in the pre-proposal a listing of external industrial or private support in an amount equal to or greater than the amount of grant funds requested from the technology transfer program.

(f) Each pre-proposal shall be evaluated by at least one reviewer with recognized expertise in the general subject area.

(g) Reviewers may, at their discretion, shift pre-proposals submitted under one research funding program to another, except that pre-proposals from independent institutions may not be moved into the research program.

(h) An institution submitting a pre-proposal accepted by the reviewers shall be invited to submit a full proposal that must expand upon the accepted pre-proposal.

(i) Any significant change in a proposal made from an original pre-proposal may be subject to restrictions imposed by the Coordinating Board.

Comments

Source Note: The provisions of this §14.72 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.73: Proposal Evaluation

(a) The full proposals that may be submitted shall be made in the manner and format specified by the Coordinating Board with all requested information included.

(b) Pursuant to Texas Education Code, §142.006 and §143.007, the Coordinating Board shall appoint as many review panels as necessary that consist of scientists and engineers with recognized expertise recruited from academic, government laboratories, non-profit research centers, and industries under the condition that employees of any institution of higher education in Texas shall not be reviewers.

(c) A review panel shall evaluate each proposal, and each review panel shall rank those proposals they consider eligible for funding and select those proposals to be funded.

(d) A review panel shall evaluate the budget for each ranked proposal and may recommend a budget that is different from that submitted by the participating institution(s).

(e) The Advisory Committee shall review the review panels' selections and then recommend the final list of proposals for funding to the Coordinating Board.

Comments

Source Note: The provisions of this §14.73 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.74: Confidentiality

(a) Any information either submitted by investigators or their institutions to the Coordinating Board or kept by the Coordinating Board related to the evaluation and selection of research projects to be funded by any of the research funding programs under this chapter shall be confidential unless released by the Coordinating Board pursuant to the following subsections of this section.

(b) The contents of pre-proposals and proposals submitted under the research funding programs shall be confidential. Reviewers shall be required to sign a confidentiality agreement prior to reviewing pre-proposals and proposals. No information shall be released to the general public on the content of unfunded proposals. Information released on funded proposals shall be limited to an overall statement of work approved by the affected institutions.

(c) Pre-proposals and proposals submitted by investigators or their institutions shall not be available to persons or entities other than the submitting investigators or their institutions at any time, except that the copies of the project summaries of awarded research projects may be made available in a manner specified by the Coordinating Board.

(d) Reviews shall not be disclosed to persons or entities outside the Coordinating Board at any time, except that each individual investigator shall receive a copy of the reviews of his or her proposal with the names, affiliations, and any other identifying characteristics of the reviewers redacted.

(e) Only after the grant awards are complete, the names and affiliations of reviewers shall be released as a group without an identifying link to any grant application.

Comments

Source Note: The provisions of this §14.74 adopted to be effective March 2, 2003, 28 TexReg 1859; amended to be effective August 11, 2004, 29 TexReg 7673

§14.75: Appeals Procedure for Declined Applicants

(a) Only the chancellor or president of an eligible public or independent institution which retains a declined applicant for funds under any of the research funding programs may appeal a decision of declination to the Coordinating Board. Such an appeal must be made within 30 days after the date that the declination, including reviews, is made available to the applicant.

(b) The appealing claim should be in writing and should explain the specific reasons why the institution believes that the declination is unwarranted.

(c) The Chair of the Advisory Committee shall designate a panel consisting of at least three members to review appeals. The appeal panel will select its own chair. The appeal panel, in consultation with the original reviewers or members of the original peer review panel, shall determine whether the declination of the application was fair and reasonable, taking into account availability of funds, the rankings of other applications that have been recommended for continuation or funding in that research area, and the policies and priorities of the research funding programs and the Coordinating Board in addition to the reasons provided in the appealing claim.

(d) Within 30 days after the date of the appeal, the chair of the appeal panel shall provide in writing either the results of the determination as to the appeal claim or an explanation of the need for more time indicating the date when the results can be expected if results cannot be furnished within 30 days.

(e) The appeal panel shall make a recommendation to the Commissioner regarding the declination. The Commissioner shall inform the institution of the determination. If the appeal panel's decision overturns the declination, the Commissioner shall inform the institution of any deadlines regarding full proposal submission and review in the case of overturned pre-proposal declinations or the award amount and effective grant term in the case of overturned award declinations for full proposals.

(f) The decision made under this section is final.

Comments

Source Note: The provisions of this §14.75 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.76: Funding and Grants

(a) Funding for the research funding programs are subject to Texas Education Code, §142.004 and §143.005.

(b) Limitations on the number of awards that an individual investigator may receive will be recommended by the Advisory Committee and published in the Program Announcements.

(c) Budgets recommended by a review panel may be adjusted to comply with Program Announcements. Budgets recommended by a review panel for a proposal that is in line for funding but has not yet been funded may be decreased to allow award of any remaining funds in the final stages of the funding assignment process.

(d) The Coordinating Board staff shall assign funding to all proposals in order of rank by review panels and the Advisory Committee until the money assigned to that research area allocation is depleted. However, no more than 70 percent of the funds in each of the research program and the technology program may be awarded to eligible institutions from The University of Texas System and the Texas A&M University System.

(e) There is no upper limit to the percentage of funds that can be awarded to eligible institutions outside of The University of Texas System and the Texas A&M University System.

(f) The Advisory Committee shall recommend research projects and allocation of funds to the Commissioner and the Board of the Coordinating Board.

(g) The Coordinating Board shall make the final selection of research projects and allocation of funds after considering the recommendations of the Commissioner and the Advisory Committee.

(h) Prior to expenditure of funds for any grant, the institution must have an approved budget on file with the Coordinating Board.

(i) The Coordinating Board shall work with the Comptroller of Public Accounts to ensure that grants funds are forwarded to the institutions in a timely manner. Funds for the selected awards at public institutions will be held on account with the Comptroller. Funds for independent institutions will be forwarded by warrant in quarterly payments after a contract between the Coordinating Board and the institution is fully executed.

(j) An eligible institution and its grant participants to be funded by any of the research funding programs are subject to grant conditions provided by the Coordinating Board.

Comments

Source Note: The provisions of this §14.76 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.77: Progress Reports

(a) An institution funded by any of the research funding programs under this chapter shall report on the progress of the funded research to the Coordinating Board not later than the dates specified by the Coordinating Board.

(b) The due dates specified by the Coordinating Board for the progress reports are subject to Texas Education Code, §142.005 and §143.006.

(c) The progress reports shall be in the manner and format specified by the Coordinating Board and shall provide all requested information.

(d) The Coordinating Board shall report on the progress of active grants by annually posting information on the research funding programs' web site. Each year, the Coordinating Board shall notify the Governor and the Legislative Budget Board of the date and location of the posting.

Comments

Source Note: The provisions of this §14.77 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.78: Merit Review

(a) The Coordinating Board shall appoint an external evaluation committee to evaluate the effectiveness of the research funding programs in the second year of each biennium.

(b) The external evaluation committee shall consist of nationally or internationally recognized experts with experience in the physical sciences, engineering, medicine, and Texas industry.

(c) The external evaluation committee will meet in Austin to discuss the research funding programs with representatives of the State government, institutional research offices, investigators, industry, the Advisory Committee, and the Coordinating Board research staff.

(d) A member of the external evaluation committee will present the committee's findings to the Coordinating Board.

Comments

Source Note: The provisions of this §14.78 adopted to be effective March 2, 2003, 28 TexReg 1859; amended to be effective August 11, 2004, 29 TexReg 7673

§14.79: Suspension and Termination of Funding

(a) A grant awarded under any of the research funding programs may be suspended or terminated in whole or in part after the Coordinating Board's finding that a funded institution or its grant participant has failed to perform suitably or failed to conform to grant conditions.

(b) A grant awarded under any of the research funding programs may be suspended or terminated in whole or in part after the Coordinating Board's finding that a funded institution or its grant participant has made a false statement in information submitted to the Coordinating Board.

(c) A grant awarded under any of the research funding programs may be suspended or terminated in whole or in part after the Coordinating Board's finding that a funded institution or its grant participant has engaged in any misconduct in science, engineering, and education, such as falsification, fabrication, and plagiarism.

(d) A grant awarded to an institution under any of the research funding programs may be terminated in whole or in part if all of the original investigator(s) leave the institution. However, if the original investigator(s) moves to another eligible institution, any remaining grant funds may be transferred to the new institution if the participating institutions and the Coordinating Board staff agree to the transfer.

(e) The Coordinating Board may require reimbursement of grant funds in whole or in part if a grant is suspended or terminated under subsections (a)-(c) of this section.

(f) Funds not expended or encumbered for purposes of the grant during the term of the grant shall be returned to the Coordinating Board.

Comments

Source Note: The provisions of this §14.79 adopted to be effective March 2, 2003, 28 TexReg 1859

Subchapter F

§14.91: Purpose

(a) The supplemental grants program is intended to provide research experiences to active science and mathematics teachers in Texas high schools.

(b) The supplemental grants program is established to enable such teachers to participate in existing research activities funded by the research program and the technology program under the mentorship of university scientists or engineers.

Comments

Source Note: The provisions of this §14.91 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.92: Eligibility

(a) Institutions and their investigators that are currently receiving award grants under either the research program or the technology program are eligible to participate in the supplemental grants program.

(b) Each investigator who must be present to mentor the teachers during the grant period may have no more than one active supplemental grant at any given time.

(c) Teachers supported under the supplemental grants program must have a standard certificate to teach science or mathematics and must have a signed statement from a high school principal indicating that the school intends to offer the teacher a contract to teach full-time at a Texas high school during the academic year subsequent to the grant period.

(d) Teachers supported under the supplemental grants program must be qualified to make positive contributions to the goals of the research projects and must work full-time on the project for the grant period.

(e) Teachers supported under the supplemental grants program are not required to be students at the institution receiving the supplemental grants.

Comments

Source Note: The provisions of this §14.92 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.93: Application and Review Procedure

(a) An application must be submitted in the manner and format specified by the Coordinating Board with all requested information included and attached.

(b) An application must be signed by the investigator and the teacher involved, and must be approved by responsible officials at the teacher's high school and the investigator's institution.

(c) The Coordinating Board shall review applications accepted during the period specified by the Coordinating Board in the order they are received.

(d) After review, the Coordinating Board will notify applying investigators within two weeks of its decision on applications.

Comments

Source Note: The provisions of this §14.93 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.94: Grants and Grant Conditions

(a) Grant amounts will be in addition to the original award amounts granted under the research program or the technology program.

(b) Grants will be awarded on a first-come, first-served basis.

(c) The term of the grant will be four to nine contiguous weeks as designated in applications during the summer period that shall be specified by the Coordinating Board.

(d) Dollar amounts of awards are tied to the length of the research period proposed.

(e) The Coordinating Board shall determine the grant amounts and their use.

(f) The Coordinating Board reserves the right to terminate any grants under the supplemental grants program at any time.

Comments

Source Note: The provisions of this §14.94 adopted to be effective March 2, 2003, 28 TexReg 1859

§14.95: Reporting Requirements

(a) Principal investigators and teachers supported by the grants shall complete brief reports of activities conducted as a part of the research experience.

(b) Final expenditure reports from the institutions shall be required.

Comments

Source Note: The provisions of this §14.95 adopted to be effective March 2, 2003, 28 TexReg 1859

Chapter 15

Subchapter A

§15.1: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Commissioner--The Commissioner of Higher Education; as used in this subchapter, "Commissioner" means the agency acting through its executive, and his or her designees, staff, or agents.

(2) Coordinating Board or Board--The Texas Higher Education Coordinating Board.

Comments

Source Note: The provisions of this §15.1 adopted to be effective November 30, 2009, 34 TexReg 8521

§15.10: Texas Research Incentive Program (TRIP)

(a) Purpose. The purpose of this program is to provide matching funds to assist eligible public institutions in leveraging private gifts for the enhancement of research productivity and faculty recruitment.

(b) Authority.

(1) Texas Education Code, §62.122, establishes the Texas Research Incentive Program to provide matching funds to assist eligible public institutions in leveraging private gifts for the enhancement of research productivity and faculty recruitment.

(2) Texas Education Code, §62.123, establishes the rate of matching and authorizes the Board, to establish procedures for the certification of gifts.

(3) Texas Education Code, §62.124, authorizes the Board, to adopt rules for the administration of the program.

(c) Definitions

(1) Bundled Gifts--Gifts that would otherwise be an eligible gift, but that individually do not have sufficient monetary value to be eligible for Matching Grants, that are combined by the eligible public institution in an attempt to establish eligibility for Matching Grants.

(2) Date of Certification--The date the gift was deposited by the institution in a depository bank or invested by the institution as authorized by law. A non-cash gift shall be certified as the date the gift is converted to cash, and is considered to have been received on that date.

(3) Eligible Funds--Gifts or endowments certified on or after September 1, 2009, to an eligible public institution from private sources in a state fiscal year for the purpose of enhancing research activities at the institution, including a gift or endowment for endowed chairs, professorships, research facilities, research equipment, program costs, or graduate research stipends or fellowships. Including gifts that are bundled from a private source. All gifts, cash and non-cash, must have been originally donated for research purposes.

(4) Eligible Public Institution--An institution of higher education designated as an emerging research university under the Coordinating Board's Accountability System or a university affiliated entity of an emerging research university.

(5) Gift--Including cash, cash equivalents, marketable securities, closely held securities, money market holdings, partnership interests, personal property, real property, minerals, and life insurance proceeds.

(6) Ineligible Funds--A gift for undergraduate scholarships or grants, bundled gifts, or any portion in excess of $10 million of gifts or endowments received from a single source in a state fiscal year or gifts that are bundled by an universities-associated entity.

(7) Private Sources--Any individual or entity that cannot levy taxes, and is not directly supported by tax funds.

(8) Program--The Texas Research Incentive Program (TRIP) established under Texas Education Code, Chapter 62, Subchapter G.

(9) University-Affiliated Entity--An entity whose sole purpose is to support the mission or programs of university.

(d) Matching Grants. Eligible funds will be matched at the following rates:

(1) 50 percent of the amount if the amount of a gift or endowment made by a donor on a certain date is at least $100,000, but not more than $999,999;

(2) 75 percent of the amount if the amount of a gift or endowment made by a donor on a certain date is at least $1 million but not more than $1,999,999; or

(3) 100 percent of the amount if the amount of a gift or endowment made by a donor on a certain date is $2 million but not more than $10 million.

(e) Distribution of matching grants

(1) Matching grants will be distributed in order of the date of certification.

(2) All eligible funds with the same date of certification will be considered in a block.

(3) If there are insufficient funds to match eligible funds with the same date of certification, those eligible funds will be prorated and any remaining unmatched eligible funds shall be eligible for matching grants in the following fiscal years using funds appropriated to the program, to the extent funds are available.

(f) Certification. Any gift must be certified by the Board in order to be considered eligible for Matching Grants. In order for a gift to be certified, the eligible public institution must submit the following information to the Board:

(1) A written statement by the bank verifying the amount, and date of the deposit, and name of the donor; or a credit card certification showing the date the institution submitted a charge to the donor's credit card company for payment;

(2) A copy of the fully executed donor agreement describing the purpose and the restrictions of the gift meeting the definition of eligible funds; and

(3) All information must be provided to the Coordinating Board within 30 days of the date of bank or credit card verification.

(g) Eligible public institutions shall provide a complete list of all university-affiliated entities to the Board upon initial application for matching grants and thereafter apprise the Board of any updates to the submitted list.

Comments

Source Note: The provisions of this §15.10 adopted to be effective November 30, 2009, 34 TexReg 8521

Chapter 17

Subchapter A

§17.1: Purpose and Scope

The purpose of this chapter is to provide guidance to the public and to public institutions of higher education regarding approval or disapproval of construction projects, property acquisitions, or lease-purchase arrangements; assuring maximum use of facilities; developing standards and policies for management of physical plants designed to streamline operations and improve accountability; and to achieve the goals of the higher education plan approved by the Board.

Comments

Source Note: The provisions of this §17.1 adopted to be effective August 15, 2004, 29 TexReg 7675

§17.2: Authority

Texas Education Code, §61.0572, requires the Board to assure the efficient use of construction funds and the orderly development of physical plants to accommodate projected college student enrollments. Texas Education Code, §61.058, authorizes the Board to approve or disapprove all new construction and repair and rehabilitation of buildings and facilities at institutions. Texas Education Code, §61.0582, requires that each institution submit a campus master plan to the Board, and Texas Education Code, §61.0583, requires the Board to conduct a comprehensive audit of all educational and general facilities. Texas Education Code, §51.927, authorizes the Board to establish guidelines and an approval process for awarding energy savings performance contracts.

Comments

Source Note: The provisions of this §17.2 adopted to be effective August 15, 2004, 29 TexReg 7675

§17.3: Definitions

The following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

(1) Acquisition--To come into possession or control of real property or facilities. This includes the acceptance, purchase, lease-purchase, transfer, or exchange of land or facilities.

(2) Academic Facilities--Facilities used for primary instruction, research, and public service functions of the institution. Academic facilities typically would include classrooms, libraries, administrative and faculty offices, and student and research laboratories.

(3) Addition--Expansion or extension of an existing facility that increases its size or capacity.

(4) Assignable Area of a Building--The sum of all areas within the interior walls of rooms on all floors of a building assigned to, or available for assignment to, an occupant or use, excluding unassigned space. This is also referred to as net assignable square feet (NASF).

(5) Assistant Commissioner--The executive officer having direct oversight of the campus facilities planning function at the Texas Higher Education Coordinating Board.

(6) Athletic Facilities--Facilities used for athletic programs, including intercollegiate athletics, intramural athletics, and athletically-oriented academic programs.

(7) Auditorium or Assembly--A room, hall, or building designed and equipped for the assembly of large groups for such events as dramatic and musical productions, devotional activities, livestock judging, faculty/staff meetings, or commencement. Included are theaters, concert halls, arenas, chapels and livestock judging pavilions. Assembly facilities may also serve instructional purposes to a minor or incidental extent.

(8) Auxiliary Enterprise Buildings or Space--Income-generating structures and space such as dormitories, cafeterias, student union buildings, stadiums, athletic facilities, housing or boarding facilities used by a fraternity, sorority, or private club, and alumni centers used solely for those purposes. Auxiliary space is not supported by State appropriations.

(9) Board or Coordinating Board--The Texas Higher Education Coordinating Board members and the agency.

(10) Building--A structure with at least two walls for permanent or temporary shelter of persons, animals (excluding animal caging equipment), plants, materials, or equipment that is attached to a foundation, roofed, serviced by a utility (exclusive of lighting), is a source of maintenance and repair activities, and is under the control or jurisdiction of the institution's governing board, regardless of its location.

(11) Campus Deferred Maintenance Plan (MP2)--A detailed report of institutional programs to address deferred maintenance and critical deferred maintenance.

(12) Campus Master Plan--A detailed long-range plan of institutional physical plant needs, including facilities construction and/or development, land acquisitions, and campus facilities infrastructure; the plan provides long-range and strategic analyses and facilities development guidelines.

(13) Capital Renewal--Includes capital improvements and changes to a facility in response to evolving needs. The changes may occur because of new programs or to correct functional obsolescence. Capital renewal needs are not part of the deferred maintenance backlog.

(14) Certification--Institutional attestation of reports or other submissions as being true or as represented.

(15) Classroom--A room used for scheduled classes. These rooms may be called lecture rooms, lecture-demonstration rooms, seminar rooms, or general purpose classrooms. A classroom may contain multimedia or telecommunications equipment, such as those used for distance learning. A classroom may be furnished with special equipment (e.g., globes, maps, pianos) appropriate to a specific area of study. A classroom does not include conference rooms, meeting rooms, auditoriums, or class laboratories.

(16) Class Laboratory--A room used primarily by regularly scheduled classes that require special-purpose equipment for student participation, experimentation, observation, or practice in a field of study. Class laboratories may be referred to as teaching laboratories, instructional shops, computer laboratories, drafting rooms, band rooms, choral rooms, group studios. Laboratories that serve as individual or independent study rooms are not included.

(17) Clinical Facility--A facility often associated with a hospital or medical school that is devoted to the diagnosis and care of patients in the instruction of health professions and allied health professions; medical instruction may be conducted, and patients may be examined and discussed. Clinical facilities include, but are not limited to, patient examination rooms, testing rooms, and consultation rooms.

(18) Committee or Committee on Strategic Planning--The members of the Board appointed to consider facility-related issues. This includes the Committee on Strategic Planning and its successors.

(19) Commissioner--The chief executive officer of the Texas Higher Education Coordinating Board.

(20) Critical Deferred Maintenance--The physical conditions of a building or facility that places its occupants at risk of harm or the facility at risk of not fulfilling its functions.

(21) Deferred Maintenance--An existing or imminent building maintenance-related deficiency from prior years that needs to be corrected, or scheduled preventive maintenance tasks that were not performed because other tasks funded within the budget were perceived to have higher priority status. The accumulation of facility components in need of repair brought about by age, use, or damage for which remedies are postponed or considered backlogged. This may include those repairs postponed due to insufficient funding.

(22) Deputy Assistant Commissioner for Planning and Accountability--having indirect oversight of the campus facilities planning function at the Texas Higher Education Coordinating Board.

(23) Deputy Commissioner for Academic Planning and Policy--An executive officer having indirect oversight of the campus facilities planning function at the Texas Higher Education Coordinating Board.

(24) Diagnostic Support Laboratory--The central diagnostic service area for a health care facility. Included are pathology laboratories, pharmacy laboratories, autopsy rooms, isotope rooms, etc., providing such services as hematology, tissue chemistry, bacteriology, serology, blood banks, and basal metabolism. In veterinary facilities, this includes necropsy rooms.

(25) Education and General (E&G)--Space used for teaching, research, or the preservation of knowledge, including the proportional share used for those activities in any building or facility used jointly with auxiliary enterprise, or space that is permanently unassigned. E&G space is supported by state appropriations.

(26) Emergency--An unforeseen combination of circumstances that calls for immediate action and requires an urgent need for assistance or relief that, if not taken, would result in an unacceptable cost to the state; or, an urgent need for assistance or relief due to a natural disaster; or an unavoidable circumstance whereby the delay of the project approval would critically impair the institution's function.

(27) Eminent Domain--A legal process wherein the institution takes private property for public use.

(28) Energy Systems--Infrastructure in a building that includes facility electric, gas, heating, ventilation, air conditioning, and water systems.

(29) Energy Savings Performance Contract--A contract for energy or water conservation measures to reduce energy or water consumption or operating costs of institutional facilities in which the estimated savings in utility costs resulting from the conservation measures is guaranteed to offset the cost of the measures over a specified period.

(30) Facilities Audit--Comprehensive review of institutional facility development, planning activities, and reports.

(31) Facilities Inventory--A collection of building and room records that reflects institutional space and how it is being used. The records contain codes that are uniformly defined by the Board and the United States Department of Education and reported by the institutions on an ongoing basis to reflect a current facilities inventory. The facilities inventory includes a record of property owned by or under the control of the institution.

(32) Facilities Development Plan (MP1)--A detailed formulation of institutional programs to address deferred maintenance, critical deferred maintenance, facilities construction, demolition, property acquisitions, or physical plant development.

(33) Financing Directly Derived from Students--Funds resulting from the collection of fees or other charges to students, such as designated tuition, student activities fees, housing revenue, bookstore or student union revenue, etc. Bond proceeds for which one or more of these sources provides debt service shall also be considered financing directly derived from students.

(34) Financing Indirectly Derived from Students--Funds generated from funds accumulated from students, primarily interest on funds accumulated directly from students.

(35) Gift--A donation or bequest of money or another tangible item, a pledge of a contribution, or the acquisition of real property or facilities at no cost to the state or to the institution. It may also represent a method of finance for a project.

(36) Gross Square Feet (GSF)--The sum of all square feet of floor areas within the outside faces of a building's exterior walls. This includes the areas, finished and unfinished, on all floors of an enclosed structure, i.e., within the environmentally controlled envelope, for all stories or areas which have floor surfaces.

(37) Housing Facility--A single- or multi-family residence used exclusively for housing or boarding students, faculty, or staff members.

(38) Information Resource Project--Projects related to the purchase or lease-purchase of computer equipment, purchase of computer software, purchase or lease-purchase of telephones, telephone systems, and other telecommunications and video-teleconferencing equipment.

(39) Intercollegiate Athletic Facility--Any facility used primarily to support intercollegiate athletics, including stadiums, arenas, multi-purpose centers, playing fields, locker rooms, coaches' offices, and similar facilities.

(40) Infrastructure--The underlying foundation or basic framework of a facility, including but not limited to, the utility dis