TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER T. WORKFORCE EDUCATION COURSE MANUAL ADVISORY COMMITTEE

19 TAC §§1.220 - 1.226

The Texas Higher Education Coordinating Board (Coordinating Board) adopts §§1.220 - 1.226 - Workforce Education Course Manual Advisory Committee, concerning authorizing the Board to create an advisory committee, with changes to the proposed text as published in the October 14, 2016, issue of the Texas Register (41 TexReg 8160). The intent of these new sections is to establish the Workforce Education Course Manual (WECM) Advisory Committee. The WECM Advisory Committee will be charged with providing the Board with advice regarding content, structure, currency, and presentation of the Workforce Education Course Manual (WECM) and its courses; recommendations regarding field engagement in processes, maintenance, and use of the WECM; and assistance in reviewing state policies, procedures, and guidelines.

Three comments were received about these new sections. Coordinating Board staff responses to the comments are below.

Comment: The Coordinating Board received comments from Vernon College, Midland College, and Dallas County Community College District. It was suggested by these three colleges that the word "disciplines" be replaced with the word "programs" in §1.220(b).

Response: Agree to change the word "disciplines" with the word "programs" in §1.220(b).

The new sections are adopted under Texas Education Code, §130.001(a)(5), which provides the Coordinating Board with the authority to develop and establish advisory commissions composed of representatives of public junior colleges and other citizens of the state to provide advice and counsel to the Coordinating Board with respect to public junior colleges and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

§1.220.Authority and Specific Purposes of the Workforce Education Course Manual Advisory Committee.

(a) Authority: The authority for this subchapter is provided in the Texas Education Code, §130.001.

(b) Purposes. The Workforce Education Course Manual (WECM) Advisory Committee is created to provide the Board with advice and recommendation(s) regarding content, structure, currency and presentation of the Workforce Education Course Manual (WECM) and its courses; recommendations regarding field engagement in processes, maintenance, and use of the WECM; and assistance in identifying new programs of study, developments within existing programs represented by courses in the manual, vertical and horizontal alignment of courses within programs, and obsolescence of programs of study and courses.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700458

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 14, 2016

For further information, please call: (512) 427-6104


CHAPTER 5. RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §5.5

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §5.5, concerning Uniform Admission Policy, with changes to the proposed text as published in the October 14, 2016, issue of the Texas Register (41 TexReg 8161). Specifically, this section is amended to reflect the College Board's new Scholastic Aptitude Test (SAT) college readiness benchmarks for automatic admission to general academic teaching institutions.

No comments were received.

The amendments are adopted under the Texas Education Code, §51.803, which provides the Coordinating Board with the authority to adopt rules for the Uniform Admission Policy.

§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 distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program from a Texas public high school as outlined under Texas Education Code, §28.025, as well as, 19 TAC §§74.63, 74.64, 74.73, and 74.74 (relating to the distinguished level of achievement under the Foundation, Recommended High School Program, or 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 distinguished level of achievement under the Foundation, 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:

(i) if the SAT was administered prior to March 5, 2016, a combined critical reading (formerly "verbal") and mathematics score of 1070 with a minimum of 500 on the critical reading test; or

(ii) if the SAT was administered on or after March 5, 2016, a minimum score of 480 on the Evidenced-Based Reading and Writing (EBRW) test and a minimum score of 530 on the mathematics test (no combined score); 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 distinguished level of achievement under the Foundation, Recommended, or Advanced High School Program 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 distinguished level of achievement under the Foundation, 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 distinguished level of achievement under the Foundation, 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 distinguished level of achievement under the Foundation, 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 distinguished level of achievement under the Foundation, 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 beginning with the 2011-2012 academic year, The University of Texas at Austin is not required to admit applicants under this subchapter 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. Applicants participating in the minimum, recommended, or advanced high school program may be considered under the "other admissions" provision according to this subsection.

(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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700459

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 14, 2016

For further information, please call: (512) 427-6104


SUBCHAPTER C. APPROVAL OF NEW ACADEMIC PROGRAMS AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND REVIEW OF EXISTING DEGREE PROGRAMS

19 TAC §5.44

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §5.44, Approval of New Academic Programs at Public Universities, Health-Related Institutions, and Review of Existing Degree Programs, concerning the approval of new academic programs at public universities and health-related institutions, without changes to the proposed text as published in the October 14, 2016, issue of the Texas Register (41 TexReg 8162). The intent of these amendments is to clarify and streamline rules regarding the presentation of requests for new programs from public institutions of higher education to the Texas Higher Education Coordinating Board.

No comments were received on the rules as proposed.

The rules are adopted under Texas Education Code, Chapter 61, Subchapter C, §61.0512(a), which authorizes the Coordinating Board to evaluate requests for new degree and certificate programs from public institutions of higher education.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700460

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 14, 2016

For further information, please call: (512) 427-6104


CHAPTER 15. NATIONAL RESEARCH UNIVERSITIES

SUBCHAPTER B. RESEARCH UNIVERSITY DEVELOPMENT FUND

19 TAC §§15.20 - 15.22

The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of §§15.20, 15.21, and 15.22, concerning distribution of Research University Development Fund (RUDF) to research and emerging research universities, without changes to the proposed text as published in the October 14, 2016, issue of the Texas Register (41 TexReg 8164). The statute authorizing rules for the RUDF, created by the 81st Texas Legislature, Regular Session, 2009, was deleted effective September 1, 2013, by Senate Bill 215, 83rd Texas Legislature, Regular Session, 2013. Between September 1, 2009, and September 1, 2013, the RUDF was codified as Texas Education Code Title 3, Subtitle B, Subchapter C, §§62.051 - 62.054.

There were no comments concerning the repeal of these sections.

The repeal of these sections is adopted under Texas Education Code, §62.054, and the 83rd Texas Legislature, Regular Session, which authorized the Coordinating Board to adopt rules for the administration of the program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700467

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 14, 2016

For further information, please call: (512) 427-6104


CHAPTER 21. STUDENT SERVICES

SUBCHAPTER RR. TEXAS ARMED SERVICES SCHOLARSHIP PROGRAM

19 TAC §21.2243

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §21.2243, concerning the Texas Armed Services Scholarship Program, without changes to the proposed text as published in the November 11, 2016, issue of the Texas Register (41 TexReg 8888). Specifically, this section is amended to align the language in the Board rules with the eligibility provision in Texas Education Code, §61.9772, by removing the reference to specific SAT and ACT scores.

No comments were received regarding the amendments.

The amendments are adopted under Texas Education Code §61.9774, which authorizes the Coordinating Board to adopt rules to implement the Texas Armed Services Scholarship Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700461

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: November 11, 2016

For further information, please call: (512) 427-6104


CHAPTER 22. GRANT AND SCHOLARSHIP PROGRAMS

SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.29

The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §22.29 (Allocation and Reallocation of Funds), concerning the Provisions for the Tuition Equalization Grant Program, without changes to the proposed text as published in the November 4, 2016, issue of the Texas Register (41 TexReg 8708). The intent of the amendments is to incorporate into existing rule changes and provisions developed by the Negotiated Rule-Making Committee. Language has been changed for the methodology used to determine institutional allocations. The newly amended statute will affect students enrolling in private, independent non-profit institutions of higher education. Changes to these sections are made in accordance with Senate Bill 215, passed by the 83rd Texas Legislature, Regular Session, which require the Coordinating Board to engage institutions of higher education in a negotiated rulemaking process as described by Chapter 2008, Government Code, "when adopting a policy, procedure, or rule relating to ...the allocation or distribution of funds, including financial aid or other trusteed funds under §61.07761". Specifically, this section is amended to include the methodology with which institutional allocations will be determined. The amendments to §22.29(a) adds language to indicate that allocations for fiscal year 2019 and prior will use the TEG Need Survey Report provided by institutions to the Coordinating Board. New §22.29(b) adds language as to the methodology used to handle institutions' request for funds and the sources of data used for determining allocations for fiscal year 2020 and later. Section 22.29(b) - (c) have been renumbered accordingly.

No comments were received regarding the proposed amendments.

The amendments are adopted under Texas Education Code, §61.229, which provided the Coordinating Board with the authority to adopt rules to implement the Tuition Equalization Grants Program.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700462

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: November 4, 2016

For further information, please call: (512) 427-6104


CHAPTER 27. FIELDS OF STUDY

SUBCHAPTER I. COMPUTER SCIENCE/INFORMATION TECHNOLOGY FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.261 - 27.267

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.261 - 27.267, concerning Computer Science/Information Technology Field of Study Advisory Committee, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8249). The intent of these new rules is to authorize the Board to create an advisory committee to develop a computer science/information technology field of study. The newly added rules will affect students when the computer science/information technology field of study is adopted by the Board.

There were no comments received regarding these new sections.

The new sections are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700463

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 427-6104


SUBCHAPTER J. CRIMINAL JUSTICE FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.281 - 27.287

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.281 - 27.287, concerning Criminal Justice Field of Study Advisory Committee, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8250). The intent of these new rules is to authorize the Board to create an advisory committee to develop a Criminal Justice field of study. The newly added rules will affect students when the criminal justice field of study is adopted by the Board.

There were no comments received regarding these new sections.

The new sections are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700464

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 427-6104


SUBCHAPTER K. PERFORMING ARTS/DRAMA FIELD OF STUDY ADVISORY COMMITTEE

19 TAC §§27.301 - 27.307

The Texas Higher Education Coordinating Board (Coordinating Board) adopts new §§27.301 - 27.307, concerning Performing Arts/Drama Field of Study Advisory Committee, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8251). The intent of these new sections is to authorize the Board to create an advisory committee to develop a Performing Arts/Drama field of study. The newly added sections will affect students when the performing arts/drama field of study is adopted by the Board.

There were no comments received concerning these new sections.

The new sections are adopted under Texas Education Code, §61.823(a), which provides the Coordinating Board with the authority to develop fields of study curricula with the assistance of advisory committees and Texas Government Code, §2110.005, which requires a state agency that establishes an advisory committee to adopt rules that state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 2, 2017.

TRD-201700466

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 22, 2017

Proposal publication date: October 21, 2016

For further information, please call: (512) 427-6104


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 33. STATEMENT OF INVESTMENT OBJECTIVES, POLICIES, AND GUIDELINES OF THE TEXAS PERMANENT SCHOOL FUND

SUBCHAPTER AA. COMMISSIONER'S RULES

19 TAC §33.1001

The Texas Education Agency adopts an amendment to §33.1001, concerning the Charter District Bond Guarantee Reserve Fund. The amendment is adopted without changes to the proposed text as published in the December 16, 2016, issue of the Texas Register (41 TexReg 9846) and will not be republished. The adopted amendment changes the method for calculating the amount to be paid by charter holders to the Charter District Bond Guarantee Reserve Fund established under the Texas Education Code (TEC), §45.0571, and clarifies that the payment is withheld during the month of the anniversary date of closing rather than on the anniversary date of closing.

REASONED JUSTIFICATION. TEC, §45.0571, authorizes the commissioner to establish rules related to the Charter District Bond Guarantee Reserve Fund. The statute provides that a charter district that has a bond guaranteed as provided by TEC, Chapter 45, Subchapter C, must annually remit to the commissioner, for deposit in the Charter District Bond Guarantee Reserve Fund, an amount equal to 10% of the savings to the charter district resulting from the lower interest rate on the bond due to the guarantee by the permanent school fund.

The adopted amendment redefines how the savings are calculated using a method that takes into account interest rates spreads that occur with market changes. The adopted amendment also specifies when the commissioner will compute the cost savings and post the information to the agency website. In addition, a clarification was made that annual payments will be withheld during the month of the anniversary date of closing rather than on the anniversary date of closing.

SUMMARY OF COMMENTS AND AGENCY RESPONSES. The public comment period on the proposal began December 16, 2016, and ended January 17, 2017. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted under the Texas Education Code, §45.0571, which authorizes the commissioner of education to adopt rules to determine the amount of the statutorily required 10% savings set aside for the Charter District Bond Guarantee Reserve Fund.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §45.0571.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 3, 2017.

TRD-201700483

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: February 23, 2017

Proposal publication date: December 16, 2016

For further information, please call: (512) 475-1497