Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter B. TRANSFER OF CREDIT, CORE CURRICULUM AND FIELD OF STUDY CURRICULA
19 TAC §4.28
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §4.28, concerning Core Curriculum.
The intent of this amendment is to clarify the requirements for
the Component Area Option under §4.28(b)(4)(A), and to allow
institutions of higher education that offer the fully-transferrable
core curriculum an alternative appropriate for interdisciplinary courses
for the Component Area Option under §4.28(b)(4)(B). This alternative
would allow an institution to certify that a course or courses used
to complete up to three semester credit hours of the Component Area
Option meets the definition specified for one or more of the foundational
component areas, and include(s) a minimum of three Core Objectives,
including Critical Thinking Skills, Communication Skills, and one
of the remaining Core Objectives of the institution's choice. The
amendment to §4.28(b)(4) adds a new subparagraph (C) that states,
for the purposes of gaining approval for or reporting a Component
Area Option course under the amended provisions in subsection (b)(4)(B),
an institution would not be required to notify the Board of the specific
foundational component area(s) and Core Objectives associated with
the course(s).
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for the first five-year
period the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering
the section.
Dr. Stephenson has also determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be to allow institutions
of higher education to develop interdisciplinary courses that would
otherwise not be allowed in the core curriculum, but that could benefit
student persistence and success. There is no effect on small businesses.
There are no anticipated economic costs to persons who are required
to comply with the section as proposed. There is no impact on local
employment.
Comments on the proposal may be submitted by mail to MacGregor
M. Stephenson, Assistant Commissioner, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, Texas 78711 or via email at WAARcomments@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 61, Subchapter S, §61.822, which provides the Coordinating
Board with the authority to establish a core curriculum for institutions
of higher education that offer academic undergraduate degree programs
and §61.827 which provides the Coordinating Board with rulemaking
authority to implement the subchapter.
The amendments affect the Texas Education Code, Chapter 61, Subchapter
S.
§4.28.Core Curriculum.
(a)
(No change.)
(b)
Texas Core Curriculum. Each institution of higher
education that offers an undergraduate academic degree program shall
develop its core curriculum by using the Board-approved purpose, core
objectives, and foundational component areas of the Texas Core Curriculum.
(1) - (3)
(No change.)
(4)
Component Area Option (6 SCH).
(A)
Except as provided in subparagraph (B) of
this paragraph, each course designated
[
(B)
As an option for up to three (3) semester
credit hours of the Component Area Option, an institution may certify
that the course(s):
[
(i)
Meet(s) the definition specified
for one or more of the foundational component areas; and
(ii)
Include(s) a minimum of three
Core Objectives, including Critical Thinking Skills, Communication
Skills, and one of the remaining Core Objectives of the institution's
choice.
(C)
For the purposes of gaining approval
for or reporting a Component Area Option course under subparagraph
(B) of this paragraph, an institution is not required to notify the
Board of the specific foundational component area(s) and Core Objectives
associated with the course(s).
(5)
(No change.)
(c) - (k)
(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on January 23, 2012.
TRD-201200285
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 25, 2012
For further information, please call: (512) 427-6114
19 TAC §4.227
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes an amendment to §4.227, relating to Rules Applying
to All Public Institutions of Higher Education in Texas, concerning
Public Access to Course Information by clarifying the definition of
"syllabus".
The intent of the amendment to this section is to update the definition
of learning objectives and to make it consistent with the language
in §4.104 which became effective November 29, 2011. The language
in §4.104 was adopted as a result of Senate Bill 1726 of the
82nd Legislature, which specified that, with certain exceptions, each
institution of higher education shall identify, adopt, and make available
for public inspection measurable learning outcomes for each undergraduate
course offered by the institution.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for the first five-year
period the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering
the section.
Dr. Stephenson has also determined that for each year of the first
five years the section is in effect, the public benefit anticipated
as a result of administering the section will be to clarify that undergraduate
course syllabi need to state the specific learning outcomes that must
be measurable in order to evaluate their success. There is no effect
on small businesses. There are no anticipated economic costs to persons
who are required to comply with the section as proposed. There is
no impact on local employment.
Comments on the proposal may be submitted by mail to MacGregor
M. Stephenson, Assistant Commissioner, Texas Higher Education Coordinating
Board, P.O. Box 12788, Austin, Texas, 78711 or via email at WAARcomments@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 51, Subchapter Z, §51.974(g) and §51.96851(d),
which authorize the Texas Higher Education Coordinating Board to adopt
rules regarding institutions of higher education making certain information
available to the public.
The amendments affect the Texas Education Code, Chapter 51, Subchapter
Z.
§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) - (8)
(No change.)
(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
measurable learning outcomes
[
(C)
a general description of the subject matter of
each lecture or discussion; and
(D)
lists of any required or recommended readings.
(10) - (11)
(No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on January 23, 2012.
TRD-201200286
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 25, 2012
For further information, please call: (512) 427-6114
19 TAC §4.287, §4.291
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §4.287 and §4.291, concerning
the Review of Low-Producing Degree Programs.
Specifically, the amendment to §4.287(4) will increase the
minimum requirements for the number of graduates produced by degree
programs at institutions of higher education to determine which are
Low-Producing Degree Programs. This amendment would be implemented
beginning with the FY2010 - FY2014 Annual Report of Low-Producing
Programs. The amendment to §4.291(a)(2) will give institutions
flexibility in identifying programs that have very limited or no additional
cost. The amendment to §4.291(b)(4) will specify the course information
institutions of higher education must provide in a temporary exemption
request.
Dr. MacGregor M. Stephenson, Assistant Commissioner for Academic
Affairs and Research, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering
the sections.
Dr. Stephenson has also determined that for each year of the first
five years the sections are in effect, the public benefit anticipated
as a result of administering the sections will be to promote efficiency
in higher education by reducing the number of programs that produce
low numbers of graduates annually. Although unlikely, there may be
impact to the local employment if degree programs are closed. 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.
Comments on the proposal may be submitted to MacGregor M. Stephenson,
Assistant Commissioner, Texas Higher Education Coordinating Board,
P.O. Box 12788, Austin, Texas 78711 or WAARcomments@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 61, §61.051, which describes the Board's role in
the Texas system of higher education.
The amendments affect implementation of Texas Education Code, Chapter
61, Subchapter C, §61.051(e).
§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) - (3)
(No change.)
(4)
Low-Producing Degree Programs--Degree programs
that do not meet the following minimum standards for degrees awarded
in the program:
(A)
Prior to the FY2010 - FY2014 Annual
Report of Low-Producing Programs:
(i)
[
(ii)
[
(iii)
[
(B)
Beginning with the FY2010 - FY2014
Annual Report of Low-Producing Programs:
(i)
For career technical certificates, associate and
bachelor's programs, an average of eight degrees awarded per academic
year, to total not fewer than forty degrees awarded for any five-year
period;
(ii)
For master'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; and
(iii)
For a doctoral degree-research/scholarship and
a doctoral degree-professional practice, an average of three degrees
awarded per academic year, to total not fewer than fifteen degrees
awarded for any five-year period.
(5) - (8)
(No change.)
§4.291.Process for Requesting a Temporary Exemption.
(a)
A low-producing degree program is eligible for
a temporary exemption if:
(1)
(No change.)
(2)
The degree is composed
primarily
[
(b)
To request a temporary exemption provide the following
information:
(1) - (3)
(No change.)
(4)
The rubric and number of all required
upper-division
courses
in the major and all prescribed upper-division
electives
in the major, excluding [
(c)
(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on January 23, 2012.
TRD-201200287
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 25, 2012
For further information, please call: (512) 427-6114
Subchapter B. ROLE AND MISSION, TABLES OF PROGRAMS, COURSE INVENTORIES
19 TAC §5.24
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes an amendment to §5.24, concerning to Rules Applying
to Public Universities, Health-Related Institutions, and/or Selected
Public Colleges of Higher Education in Texas concerning Criteria and
Approval of Mission Statements and Tables of Programs. The intent
of the amendment is to bring consistency across the Coordinating Board
rules for the standards applying to new doctoral programs. In particular,
the amendment would specify the undergraduate success measure that
an institution must meet in order to satisfy §5.24(b)(5) and
to be in line with §5.46 adopted in January 2011. The Coordinating
Board approved changes to §5.46, adding an additional criterion
for the approval of new doctoral degree programs. Section 5.46 stipulates
that the most recent six-year baccalaureate degree graduation rate
of the institution proposing a new doctoral program must equal or
exceed the most recent statewide six-year baccalaureate degree graduation
rate. The statewide six-year graduation rate is calculated by determining
the number of first-time, full-time undergraduate students at public
universities, excluding those enrolled at The University of Texas
at Austin and Texas A&M University, and calculating the percentage
of those students who graduated in six years from the same or another
institution in Texas.
Dr. MacGregor M. Stephenson, Assistant Commissioner for 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. Stephenson 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 to ensure that preliminary
authority requests to offer doctoral degrees are only granted to institutions
that already meet the standard for having those programs fully approved.
The rule will ensure that institutions seeking new programs are providing
sufficient support to existing undergraduate programs. There is no
effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposed amendments may be submitted by mail to
MacGregor M. Stephenson, Assistant Commissioner, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, Texas, 78711 or via email
at WAARcomments@thecb.state.tx.us. Comments will be accepted for 30
days following publication of the proposal in the
Texas Register.
The amendment is proposed under the Texas Education Code,
Chapter 61, Subchapter C, §61.051(e), which provides the Coordinating
Board with the authority to approve new degree programs at public
postsecondary institutions operating in Texas.
The amendments affect the Texas Education Code, Chapter 61, Subchapter
C.
§5.24.Criteria and Approval of Mission Statements and Tables of Programs.
(a)
(No change.)
(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) - (4)
(No change.)
(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
six-year baccalaureate
graduation rates
which
should equal or exceed the most recent annual statewide average six-year
baccalaureate graduation rate as defined in §5.46(15) of this
title (relating to Criteria for New Doctoral Programs)
[
(6) - (9)
(No change.)
(c)
(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on January 23, 2012.
TRD-201200288
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 25, 2012
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §7.3, §7.14
The Texas Higher Education Coordinating Board (Coordinating
Board) proposes amendments to §7.3 and §7.14, concerning
Degree Granting Colleges and Universities Other Than Texas Public
Institutions. The intent of the amendment to §7.3 is to define
the meaning of a reciprocal state exemption agreement as it relates
to out-of-state postsecondary institutions wanting to offer distance
education in Texas. The new definition will provide a clearer understanding
for out-of-state institutions to which Chapter 7 rules apply. Staff
also proposes an amendment to §7.14 by amending §7.14(1)
to include an exemption based upon participation in a reciprocal state
exemption agreement. The intent of this amendment is to clarify the
process by which out-of-state institutions receive approval for offering
distance education in Texas. This amendment allows the Coordinating
Board to enter into reciprocal state exemption agreements that could
benefit Texas public institutions of higher education by exempting
them from the oversight of other state higher education agencies for
the purpose of distance education.
Dr. MacGregor M. Stephenson, Assistant Commissioner for 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. Stephenson 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 to streamline the process
by allowing certain exempt out-of-state institutions to receive permission
to offer distance education to Texas students without extensive staff
review and to improve staff efficiencies. There is no effect on small
businesses. There are no anticipated economic costs to persons who
are required to comply with the section as proposed. There is no impact
on local employment.
Comments on the proposed amendments may be submitted by mail to
MacGregor M. Stephenson, Assistant Commissioner, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or via email
at WAARcomments@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 61, Subchapters G and H, which provide the Coordinating
Board with the authority to administer the laws regulating private
and out-of-state public postsecondary institutions operating in Texas.
The amendments affect the Texas Education Code, Chapter 61, Subchapters
G and H.
§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) - (33)
(No change.)
(34)
Reciprocal State Exemption Agreement--An
agreement entered into by the Texas Higher Education Coordinating
Board with an out-of-state state higher education agency or higher
education system for the purpose of creating a reciprocal arrangement
whereby that entity's institutions are exempted from THECB oversight
for the purposes of distance education. In exchange, Texas institutions
of higher education would be exempted from that state's oversight
for the purposes of distance education.
(35)
[
(36)
[
(37)
[
(38)
[
§7.14.Distance Education Approval Processes for Degree Granting Colleges and Universities Other Than Texas Public Institutions.
An institution which does not meet the definition of institution
of higher education contained in Texas Education Code §61.003
and wishes to offer distance education to students in Texas must follow
the requirements in paragraphs (1) - (3) of this section. For the
purposes of this section distance education shall mean education or
training delivered off campus via educational technologies where the
student(s) and the instructor(s) are separated by physical distance
and/or time.
(1)
Exempt Institutions
(A)
(No change.)
(B)
An institution is also exempt
and does not need to receive permission from the Coordinating Board
to offer distance education programs and courses to Texas students
if it is covered by a reciprocal state exemption agreement.
(C)
[
(D)
[
(2)
(No change.)
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on January 23, 2012.
TRD-201200289
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 25, 2012
For further information, please call: (512) 427-6114
Subchapter T. THE VACCINATION AGAINST BACTERIAL MENINGITIS FOR ENTERING STUDENTS AT PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION
Courses used
]
to complete the Component Area Option must meet the definition and
Core
Objectives
[
criteria
] specified in one [
or more
]
of the foundational component areas outlined in paragraph (3)(A) -
(H) of this subsection.
The Core Objectives required in the
corresponding foundational component area apply to each course used
to fulfill the Component Area Option.
]
Subchapter N. PUBLIC ACCESS TO COURSE INFORMATION
learning
objectives
] for the course
, as defined in Subchapter E, §4.104
of this chapter (relating to Measurable Learning Outcomes for Undergraduate
Courses)
;
Subchapter R. REVIEW OF LOW-PRODUCING DEGREE PROGRAMS
(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
degree-research/scholarship
and a doctoral degree-professional practice
[
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.
exclusively
] of courses required for other existing degrees at the institution
and there is very limited or no additional cost associated with the
degree.
core curriculum,
]
minor requirements, and free electives.
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS
that
match or exceed those at peer institutions
];
Chapter 7.
DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS
(34)
] 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.
(35)
] 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.
(36)
] 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.
(37)
] Substantive Change--Any
change in principal location, ownership, or governance.
(B)
] An institution's exemption
applies only to the degree level for which the programs or institution
is accredited.
(C)
] An institution's exemption
continues as long as it is in compliance with subparagraphs (A)
,
[
and
] (B)
, and (C)
of this paragraph. If an institution
is no longer accredited by an accreditor recognized by Texas and/or
maintains a physical presence in Texas
or if an institution is
no longer covered by a reciprocal state exemption agreement
,
the institution is no longer eligible for an exemption and must receive
Coordinating Board authority to offer distance education to Texas
students.
Chapter 21.
STUDENT SERVICES