TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

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

SUBCHAPTER D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC INSTITUTIONS OF HIGHER EDUCATION

19 TAC §§4.81 - 4.85

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Chapter 4, Rules Applying to All Public Institutions of Higher Education in Texas, Subchapter D, Dual Credit Partnerships between Secondary Schools and Texas Public Colleges, §§4.81 - 4.85, concerning college courses offered for dual credit by public institutions of higher education. The intent of the amendments is to update existing rules to align with current statute and rule references regarding limitations on college courses that can be offered for dual credit by public institutions of higher education. The amended rules will affect students enrolling in dual credit courses and early college high schools during the 2018 fall semester. The rule amendments proposed for this Subchapter were reviewed and approved by the Negotiated Rulemaking Committee on Dual Credit Course Limitations on November 2, 2017.

Dr. Rex Peebles, Assistant Commissioner for Workforce, Academic Affairs and Research, has determined that for the first five years there will be no fiscal implications for state or local governments as a result of amending the rule listed above.

Dr. Peebles has also determined that for the first five years the amendments are in effect, the public benefits anticipated as a result of administering the sections will be the clarification of college courses that can be offered for dual credit by public institutions of higher education. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Finally, in accordance with Texas Administrative Code, §34.11.1, Dr. Peebles has determined that for the first five years the proposed rule would be in effect:

1. The proposed rule does not create or eliminate a government program;

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rule does not require the increase or decrease in future legislative appropriations to the Texas Higher Education Coordinating Board;

4. The proposed rule does not require an increase of decrease in fees paid to the agency;

5. The proposed rule does not create a new regulation;

6. The proposed rule does expand, limit, or repeal an existing regulation, as specified in Senate Bill 1091, 85th Texas Legislature, Regular Session;

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and

8. The proposed rule positively affects this state's economy.

Comments on the proposed amendments may be submitted by mail to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Chapter 28, §28.009(b-1); Chapter 51, §51.968(d-2); and Chapter 130, §130.008(a-3), which provides the Coordinating Board with the authority to adopt rules to administer the section.

The amendments affect the implementation of Texas Education Code, Chapters 28, 51, and 130.

§4.81.Purpose.

This subchapter provides rules and regulations for public institutions of higher education [two-year associate degree-granting institutions and 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.) §4.82.Authority.

Texas Education Code, §§28.009(b), 29.182, 29.184, 61.027, 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 institutions of higher education and [two-year associate degree-granting institutions and public universities with] secondary schools with regard to lower division courses.

§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) Articulated College Credit--credit earned through a high school-level course that fulfills specific requirements of an identified college-level course and provides a pathway for high school students to earn credit toward a technical certificate or technical degree at a partnering institution of higher education.

(2) [(1)] Board or Coordinating Board--The Texas Higher Education Coordinating Board.

(3) Career and Technical Education Course--a college-level course awarding semester credit hours and contained in the Workforce Education Course Manual (WECM) or a specified course contained in the Lower-Division Academic Course Guide manual that may be reported for state funding by institutions of higher education as a dual credit career and technical education course in the Coordinating Board Management (CBM) Reporting and Procedures Manual for Texas Community, Technical, and State Colleges.

(4) [(2)] College--Public institution of higher education as defined in TEC §61.003(8) [two-year associate degree-granting institutions and public universities].

(5) College Board Advanced Placement--College-level courses and exams available to secondary students under the auspices of an approved College Board program.

(6) [(3)] Commissioner--The Commissioner of Higher Education.

(7) [(4)] Dual credit--A system under [process by] which an eligible [a] high school student enrolls in college course(s) [a college course] and receives [simultaneous academic] credit for the course(s) [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 irrespective of location or mode of delivery [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).]

(8) 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 public institution of higher education). Dual or concurrent enrollment is not equivalent to dual credit.

(9) Early College Education Program--A program as defined in TEC §29.908.

(10) Early College Program--A program developed via an institutional agreement in partnership between a public institution of higher education and high schools or school districts in which a student enrolls in courses that are part of a defined sequence of courses leading to a Board approved certificate, AA, AS, or AAS degree program as defined in Title 19, Part 1, Chapter 9, Rule 9.1 - Definitions of Texas Administrative Code.

[(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.]

(11) Field of Study Curriculum (FOSC)--a set of courses that satisfies 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 junior colleges, public technical institutes, or universities as designated within the particular field of study curriculum.

(12) International Baccalaureate Diploma Program--the curriculum and examinations leading to an International Baccalaureate diploma awarded by the International Baccalaureate Organization.

(13) [(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.]

§4.84.Institutional Agreements.

(a) (No change.)

(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; and [.]

(10) Defined sequences of courses, where applicable.

§4.85.Dual Credit Requirements.

(a) Eligible Courses.

(1) (No change.)

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

(3) A college course offered for dual credit must be:

(A) in the core curriculum of the public institution of higher education providing the credit;

(B) a career and technical education course; or

(C) a foreign language course.

(i) This provision does not apply to a college course for dual credit offered as part of an approved early college education program established under TEC §29.908 or an early college program as defined in this subchapter.

(ii) Any college course for dual credit offered as part of an early college program as defined in this subchapter must be a core curriculum course of the public institution of higher education providing the credit, a career and technical education course, a foreign language course, or a course that satisfies specific degree plan requirements leading to the completion of a Board approved certificate, AA, AS, AAS degree program, or FOSC.

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

(b) Student Eligibility.

(1) (No change)

(2) A high school student is also eligible to enroll in academic dual credit courses that require demonstration of TSI college readiness in reading, writing, and/or mathematics under the following conditions:

(A) Courses that require demonstration of TSI college readiness in reading and/or writing:

(i) if the student achieves a Level 2 final recommended score, as defined by the Texas Education Agency (TEA), on the English II State of Texas Assessment of Academic Readiness End of Course (STAAR EOC); or

(ii) if the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the reading test; or

(iii) if the student achieves a composite score of 23 on the PLAN with a 19 or higher in English or an English score of 435 on the ACT-Aspire.

(B) Courses that require demonstration of TSI college readiness in mathematics:

(i) if the student achieves a Level 2 final recommended score, as defined by TEA, on the Algebra I STAAR EOC and passing grade in the Algebra II course; or

(ii) if the student achieves a Level 2 final recommended score, as defined by TEA, on the Algebra II STAAR EOC; or

(iii) if the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the mathematics test; or

(iv) if the student achieves a composite score of 23 on the PLAN with a 19 or higher in mathematics or a mathematics score of 431 on the ACT-Aspire.

(3) A high school student is eligible to enroll in workforce education dual credit courses contained in a Level 1 certificate program, or a program leading to a credential of less than a Level 1 certificate, at a public junior college or public technical institute and shall not be required to provide demonstration of college readiness or dual credit enrollment eligibility.

(4) A high school student is eligible to enroll in workforce education dual credit courses contained in a Level 2 certificate or applied associate degree program under the following conditions:

(A) Courses that require demonstration of TSI college readiness in reading and/or writing:

(i) if the student achieves a Level 2 final recommended score, as defined by TEA, on the English II STAAR EOC; or

(ii) if the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the reading test; or

(iii) if the student achieves a composite score of 23 on the PLAN with a 19 or higher in English or an English score of 435 on the ACT-Aspire.

(B) Courses that require demonstration of TSI college readiness in mathematics:

(i) if the student achieves a Level 2 final recommended score, as defined by TEA, on the Algebra I STAAR EOC and passing grade in the Algebra II course; or

(ii) if the student achieves a Level 2 final recommended score, as defined by TEA, on the Algebra II STAAR EOC; or

(iii) if the student achieves a combined score of 107 on the PSAT/NMSQT with a minimum of 50 on the mathematics test; or

(iv) if the student achieves a composite score of 23 on the PLAN with a 19 or higher in mathematics or a mathematics score of 431 on the ACT-Aspire.

(C) A student who is exempt from taking [TAKS or] STAAR EOC assessments may be otherwise evaluated by an institution to determine eligibility for enrolling in workforce education dual credit courses.

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

(6) 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.).

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

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

(c) (No change.)

(d) Composition of Class. Dual credit courses may be composed of dual credit students only or of dual and college credit students. Notwithstanding the requirements of subsection (e) of this section, exceptions [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) (No change.)

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

(3) If the course is a career and technical [technology]/college workforce education course and the high school credit-only students are eligible to earn [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 Commission on Colleges) and approval procedures used by the college to select faculty responsible for teaching the same courses at the main campus of the college.

(2) (No change.)

(f) - (h) (No change.)

(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 (TEC §42.005(g)) and the Board (TEC §61.059(p) and (q)).

(2) (No change.)

(3) This provision does not apply to students enrolled in approved early college education [high school] programs under TEC §29.908.

(4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 6, 2017.

TRD-201704472

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: December 17, 2017

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


SUBCHAPTER O. OPEN EDUCATIONAL RESOURCES GRANT PROGRAM

19 TAC §§4.230 - 4.238

The Texas Higher Education Coordinating Board (Coordinating Board) proposes to add new §§4.230 - 4.238, Rules Applying to All Public Institutions of Higher Education in Texas, concerning Open Educational Resources Grant Program. The intent of the new sections is to implement Senate Bill 810, passed by the 85th Texas Legislature, Regular Session, which requires the board to establish and administer a new grant program to encourage faculty at institutions of higher education to adopt, modify, redesign, or develop courses that use only Open Educational Resources (OER). The new rules proposed for these sections were reviewed and approved by the Negotiated Rulemaking Committee on Open Educational Resources Grant Program on November 1, 2017.

Dr. Rex C. Peebles, Assistant Commissioner for Academic Quality and Workforce, has determined estimated cost for the state or local governments is $100,000 in fiscal year 2018 and $100,000 in fiscal year 2019 and subsequent years as a result of amending the rules listed above to implement SB 810 requirements. The costs include estimated grant awards paid to selected Texas higher education institutions, through a competitive grant process, and time and effort of Texas Higher Education Coordinating Board staff. Appropriation of General Revenue funds was approved to implement the provisions of the bill.

Dr. Peebles has also determined that the public benefits anticipated as a result of administering the sections will include professional development of faculty who participate in the transition of existing traditional courses to OER courses and cost savings to students who enroll in OER courses. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Finally, in accordance with Texas Administrative Code, §34.11.1, Dr. Peebles has determined that for the first five years the proposed rule would be in effect:

1. The proposed rule does not create or eliminate a government program;

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the Texas Higher Education Coordinating Board;

4. The proposed rule does not require an increase or decrease in fees paid to the agency;

5. The proposed rule does not create a new regulation;

6. The proposed rule does expand, limit, or repeal an existing regulation, as specified in Senate Bill 810, 85th Texas Legislature, Regular Session;

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and

8. The proposed rule positively affects this state's economy.

Comments on the proposed new sections may be submitted by mail to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new rules are proposed under the Texas Education Code, §61.0668 (l) and §61.062, which provides the Coordinating Board with the authority.

The proposed new sections affect the implementation of Texas Education Code, §61.0668.

§4.230.Purpose.

The purpose of this subchapter is to implement rules to establish the Open Educational Resources (OER) Grant Program, under which the Board awards grant payments to eligible institutional faculty employed by a Texas higher education institution, as defined in Texas Education Code 61.003(8), to adopt, modify, redesign, or develop one or more courses using only open educational resources.

§4.231.Authority.

The authority for this subchapter is found in Texas Education Code, Chapter 61, Subchapter 61.0668, which provides the board with the authority to adopt rules to administer this grant program.

§4.232.Definitions.

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

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

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

(3) Eligible Applicant--A faculty member as defined in Texas Education Code 51.917 or group of faculty currently employed at an institution of higher education, as defined in Texas Education Code 61.003(8).

(4) Institution of Higher Education--Any public technical institute, public junior college, public senior college or university, or medical or dental unit, or other agency of higher education as defined by Texas Education Code, 61.003(8).

(5) Open Educational Resources (OER)--A teaching, learning, or research resource that is in the public domain or has been released under an intellectual property license that permits the free use, adaptation, and redistribution of the resource by any person. The term may include full course curricula, course materials, modules, textbooks, media, assessments, software, and any other tools, materials, or techniques, whether digital or otherwise, used to support access to knowledge.

(6) Request for Applications (RFA)--A type of solicitation notice in which the THECB announces available grant funding, sets forth the guidelines governing the program, provides evaluation criteria for submitted applications, and provides instructions for eligible entities to submit applications for such funding. The guidelines governing the program may include a Letter of Intent, eligibility requirements, performance expectations, budget guidelines, reporting requirements, and other standards of accountability for this program.

§4.233.Eligibility.

Faculty employed by a Texas public institution of higher education are eligible to apply for a grant under this program

§4.234.Grant Application Procedures.

To qualify for funding consideration, each eligible applicant must submit an application to Board staff. Each application must:

(1) Be submitted electronically in a format specified in the RFA; and

(2) Adhere to the grant program requirements contained in the RFA; and

(3) Be submitted with proper authorization on or before the day and time specified by the RFA.

§4.235.Award Amounts.

(a) The maximum amount of funding available to the program is dependent on the legislative appropriation for each biennium. Award levels and the maximum number of awards will be specified in the RFA.

(b) The Board shall delegate to the Commissioner general authority to award all OER grant program grants after receiving recommendations from qualified reviewers.

(c) Award criteria may be adjusted by Board staff to best fulfill the purpose of a single request for applications if those adjusted award criteria are included in the request for applications.

§4.236.Review Criteria.

Applicants shall be selected for funding based on requirements and award criteria provided in the RFA. Award criteria will include, but may not be limited to, consideration of the following factors:

(1) The number of students projected to annually enroll in the course;

(2) The projected amount of money saved by a student due to the use of OER in the course; and

(3) The evaluation of the application by three selected qualified reviewers of the curriculum of the course, as determined by Board staff.

§4.237.Reporting Criteria.

Grantees must file reports with Board staff as required by the RFA for each applicable course for each of the four semesters immediately following OER implementation. Grantees will provide information that includes, but is not limited to, the following:

(1) The number of students who have completed the course;

(2) An estimate of the amount of money saved by a student due to the use of open educational resources in the course;

(3) A description of the open educational resources used in the course;

(4) The number of other faculty members, if any, who adopted the curriculum of the course associated with the grant; and

(5) Any other information required by the RFA.

§4.238.General Information.

(a) Cancellation or Suspension of Grant Solicitations. The Board has the right to reject all applications and cancel a grant solicitation at any point.

(b) Notice of Grant Award (NOGA). Before release of funds, the successful applicants must sign a NOGA issued by Board staff.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 6, 2017.

TRD-201704487

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: December 17, 2017

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


CHAPTER 9. PROGRAM DEVELOPMENT IN PUBLIC TWO-YEAR COLLEGES

SUBCHAPTER F. WORKFORCE CONTINUING EDUCATION COURSES

19 TAC §§9.112 - 9.117

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Chapter 9, Subchapter F, Workforce Continuing Education Courses, §9.112, and proposes new §§9.113 - 9.117 that apply to Public Community Colleges regarding enrollment of certain students in continuing education courses. The intent of the subchapter is to create rules to align with HB 2994, 85th Texas Legislature, Regular Session, regarding the enrollment of certain high school students in non-credit continuing education courses. The revised Chapter 9, Subchapter F establishes rules for public community colleges concerning the enrollment of certain students under the age of 18 in non-credit courses, waiving tuition and fees for courses where a significant portion of the cost is borne by another party, and courses offered in federal prisons. The amended and new rules will affect students enrolling in higher education during the 2018 spring semester. The proposed amendments and new rules were reviewed and approved by the Negotiated Rulemaking Committee on Workforce Continuing Education on October 30, 2017.

Dr. Rex Peebles, Assistant Commissioner for Academic Quality and Workforce, has determined that for the first five years there will be no fiscal implications for state or local governments as a result of amending and creating the rules listed above.

Dr. Peebles has also determined that for the first five years the amendments and new rules are in effect, the public benefits anticipated as a result of administering the sections will be the clarification of the enrollment and reporting for contact hour reimbursement continuing education offered by public junior colleges. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Finally, in accordance with 34 Texas Administrative Code §11.1, Dr. Peebles has determined that for the first five years the proposed amendments and new rules would be in effect:

1. The proposed amendments and new rules do not create or eliminate a government program;

2. Implementation of the proposed amendments and new rules do not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed amendments and new rules do not require an increase or decrease in future legislative appropriations to the Texas Higher Education Coordinating Board;

4. The proposed amendments and new rules do not require an increase or decrease in fees paid to the agency;

5. The proposed amendments and new rules do not create a new regulation;

6. The proposed amendments and new rules do expand, limit, or repeal an existing regulation, as specified in House Bill 2994, 85th Texas Legislature, Regular Session;

7. The proposed amendments and new rules do not increase or decrease the number of individuals subject to the rules' applicability; and

8. The proposed amendments and new rules do not affect this state's economy.

Comments on the amendments and new rules may be submitted by mail to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments and new rules are proposed under the Texas Education Code, §§54.051(n), 54.545, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3) - (4), 130.003(e)(4), 130.005, 130.006, and 130.305, that authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for public two-year colleges for the coordination of workforce continuing education courses eligible for state appropriations.

The amendments and new rules affect the implementation of Texas Education Code, Chapter 51.

§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), 130.005, 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.

§9.113.Definitions.

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

(1) Adult--

(A) a person who has completed the person's sophomore year of high school, or

(B) is 17 years of age and has been awarded a high school diploma or its equivalent, or

(C) is 18 years of age or older, regardless of the person's previous educational experience.

(2) Avocational course--a course of study in a subject or activity that is usually engaged in by a person in addition to the person's regular work or profession for recreation or in relation to a hobby. The term includes a community interest course.

(3) Basic employability course--a course that covers topics such as conducting a job search, developing a resume, completing an application for employment, and interviewing skills.

(4) Basic learning skills course--a non-college-level course that covers learning strategies such as note-taking, and test preparation.

(5) Coordinating board-- the Texas Higher Education Coordinating Board.

(6) Disabilities of minority--as defined in Texas Family Code, Chapter 31, Removal of the Disabilities of Minority. Applies to students over the age of 16 and not over the age of 18.

(7) Learning framework course--a college-level course that is solely or primarily focused on skill acquisition related to the learning process and is not a workforce education course.

(8) Workforce continuing education--non-credit instruction that is designed primarily for adults and is intended, on completion by a participant, to prepare the participant to qualify to apply for and accept an employment offer or a job upgrade within a specific occupational category or to bring the participant's knowledge or skills up to date on new developments in a particular occupation or profession.

(9) Workforce continuing education course--a course of non-credit instruction in workforce continuing education that is approved by the coordinating board. The term does not include an avocational course.

§9.114.General Provisions.

(a) Any workforce continuing education program meeting or exceeding 360 contact hours shall be subject to all of the requirements for workforce education programs for state appropriations as outlined in Chapter 9, Subchapter E of this title (relating to Certificate and Associate Degree Programs).

(b) Any 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.

(c) A public junior college may offer, or may enter into an agreement with a school district, organization, or other person that operates a high school to offer, workforce continuing education courses other than learning framework courses, basic employability courses, and basic learning skills courses to a person who is:

(1) enrolled in high school after the completion of the person's sophomore year;

(2) is enrolled in a school that is not formally organized as a high school and is at least 16 years of age; or

(3) is attending high school while incarcerated, is at least 16 years of age, and is not eligible for release from incarceration before the person's 18th birthday.

§9.115.Application and Approval Procedures for Workforce Continuing Education Courses.

(a) Any 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 workforce continuing education courses shall be in compliance with the guidelines outlined in the Guidelines for Instructional Programs in Workforce Education as approved by the Board, the Workforce Education Course Manual, and state law.

§9.116.Waiver of Tuition and Fees.

A public junior college may waive all or part of the tuition or fees charged to a student for a workforce continuing education course only if:

(1) the student:

(A) is enrolled in high school or in a school that is not formally organized as a high school, or;

(B) is 16 years of age or older, who has had the disabilities of minority removed, and is not enrolled in secondary education, or;

(C) is under the age of 18 and is incarcerated; and

(2) the institution:

(A) determines all or a significant portion of the college's costs for facilities, instructor salaries, equipment, and other expenses for the course are covered by business, industry, or other local public or private entities; or

(B) offers the course in a federal correctional facility and the facilities, equipment, supplies, and other expenses for the course are funded by the federal government.

§9.117.Funding.

(a) Contact hours attributable to the enrollment of a student in a workforce continuing education course offered by a public junior college shall be included in the contact hours used to determine the college's proportionate share of state money appropriated and distributed to public junior colleges under Texas Education Code §130.003 and §130.0031, regardless of whether the college waives all or part of the tuition or fees for the course under §130.304.

(b) 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) No funds appropriated to any public two-year college may be expended for any workforce continuing education course which has not been approved by the Board staff.

(d) A vocational courses shall not be eligible for state appropriations. This includes community interest courses. A community college can offer community interest courses using local funds.

(e) 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. This includes basic employability courses, basic learning skills courses and learning framework courses.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 6, 2017.

TRD-201704473

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: December 17, 2017

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


SUBCHAPTER F. CAREER TECHNICAL/WORKFORCE CONTINUING EDUCATION COURSES

19 TAC §§9.113 - 19.117

The Texas Higher Education Coordinating Board proposes to repeal Chapter 9, Subchapter F, Career Technical/Workforce Continuing Education Courses, §§9.113 - 9.117 that apply to Public Community Colleges regarding enrollment of certain students in continuing education courses.

The intent of the repeal of these sections is to then develop new rules to align with HB 2994, 85th Texas Legislature, Regular Session, regarding the enrollment of certain high school students in non-credit continuing education courses. The proposed repealed rules were reviewed and approved by the Negotiated Rulemaking Committee on Workforce Continuing Education on October 30, 2017.

Rex Peebles, Assistant Commissioner for Academic Quality and Workforce, has determined that for the first five years there will be no fiscal implications for state or local governments as a result of repealing the rules listed above.

Dr. Peebles has also determined that for the first five years the repealed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Finally, in accordance with 34 Texas Administrative Code §11.1, Dr. Peebles has determined that for the first five years the proposed repeals would be in effect:

1. The proposed repeals do not create or eliminate a government program;

2. Implementation of the proposed repeals do not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed repeals do not require an increase or decrease in future legislative appropriations to the Texas Higher Education Coordinating Board;

4. The proposed repeals do not require an increase or decrease in fees paid to the agency;

5. The proposed repeals do not create a new regulation;

6. The proposed repeals do expand, limit, or repeal an existing regulation, as specified in House Bill 2994, 85th Texas Legislature, Regular Session;

7. The proposed repeals do not increase or decrease the number of individuals subject to the rules' applicability; and

8. The proposed repeals do not affect this state's economy.

Comments on the repealed rules may be submitted by mail to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repealed rules are proposed under the Texas Education Code, §§54.051(n), 54.545, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3) - (4), 130.003(e)(4), 130.005, 130.006, and 130.305, that authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for public two-year colleges for the coordination of workforce continuing education courses eligible for state appropriations.

The repealed rules affect the implementation of Texas Education Code, Chapter 51.

§9.113.General Provisions.

§9.114.Application and Approval Procedures for Career Technical/Workforce Continuing Education Courses.

§9.115.Funding.

§9.116.Reporting to the Board.

§9.117.Disapproval of Courses; Noncompliance.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 7, 2017.

TRD-201704501

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: December 17, 2017

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


SUBCHAPTER F. WORKFORCE CONTINUING EDUCATION COURSES

19 TAC §9.118

The Texas Higher Education Coordinating Board (Coordinating Board) proposes new §9.118, in Chapter 9, Subchapter F, Workforce Continuing Education Courses, of Board rules that apply to Public Community Colleges regarding enrollment of certain students in continuing education courses. The intent of the new section is to clarify the reporting of contact hours for contact hour reimbursement and to align with HB 2994, 85th Texas Legislature, Regular Session, regarding the enrollment of certain high school students in non-credit continuing education courses. The revised Chapter 9, Subchapter F establishes rules for public community colleges concerning the enrollment of certain students under the age of 18 in non-credit courses, waiving tuition and fees for courses where a significant portion of the cost is borne by another party, and courses offered in federal prisons. The new rule will affect students enrolling in higher education during the 2018 spring semester. The rule proposed for this section was reviewed and approved by the Negotiated Rulemaking Committee on Workforce Continuing Education on October 30, 2017.

Dr. Rex Peebles, Assistant Commissioner for Academic Quality and Workforce, has determined that for the first five years there will be no fiscal implications for state or local governments as a result of creating the rules listed above.

Dr. Peebles has also determined that for the first five years the new rule is in effect, the public benefits anticipated as a result of administering the section will be the clarification of the enrollment and reporting for contact hour reimbursement continuing education offered by public junior colleges. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Finally, in accordance with Texas Administrative Code, §34.11.1, Dr. Peebles has determined that for the first five years the proposed rule would be in effect:

1. The proposed rule does not create or eliminate a government program;

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the Texas Higher Education Coordinating Board;

4. The proposed rule does not require an increase or decrease in fees paid to the agency;

5. The proposed rule does not create a new regulation;

6. The proposed rule not expand, limit, or repeal an existing regulation, as specified in House Bill 2994, 85th Texas Legislature, Regular Session;

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and

8. The proposed rule does not affect this state's economy.

Comments on the new rules may be submitted by mail to Rex C. Peebles, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas, 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The new section is proposed under the Texas Education Code, §§54.051(n), 54.545, 61.054, 61.060, 61.061, 61.062, 130.001(b)(3) - (4), 130.003(e)(4), 130.005, 130.006, and 130.305, which authorize the Coordinating Board to adopt policies, enact regulations, and establish rules for public two-year colleges for the coordination of workforce continuing education courses eligible for state appropriations.

The new rule affects the implementation of Texas Education Code, Chapter 51.

§9.118.Reporting to the Board.

Contact hours for 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 6, 2017.

TRD-201704474

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: December 17, 2017

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