PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter A, §4.9, relating to Limitations on the Number of Courses that May be Dropped Under Certain Circumstances by Undergraduate Students. Specifically, the proposed amendments include a re-organization of some subsections for clarity, and guidelines for institutions regarding statutory requirements for allowing a student to drop six or more courses. The proposed amendments also include a provision requiring an institution to maintain an appeals process where required by the Americans with Disabilities Act.
Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rule. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Elizabeth Mayer, Assistant Commission for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as the result of adopting this rule is to provide procedures and guidelines for institutions relating to exceptions to the maximum of six course drops and to bring the statute into alignment with statutory requirements. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at ahacomments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under Texas Education Code, Section 51.907(e), which directs the Coordinating Board to adopt rules under which an institution shall permit a student to drop more than six courses.
The proposed amendment affects Texas Education Code, Section 51.907.
§4.9.Limitations on the Number of Courses that May be Dropped Under Certain Circumstances by Undergraduate Students.
(a) Beginning with the fall 2007 academic term, and
applying to students who enroll in higher education for the first
time during the fall 2007 academic term or any term subsequent to
the fall 2007 term, an institution of higher education may not permit
an undergraduate student a total of more than six dropped courses,
including any course a transfer student has dropped at another institution
of higher education, unless any of the conditions listed in subsection
(b) of this section are met. If an institution adopts a policy allowing
fewer than six dropped courses under Texas Education Code, §51.907(d),
but a student at that institution meets the criteria in subsection
(b) of this section, the institution shall allow that student to drop
an additional course or courses.[:]
(b) An institution of higher education shall permit a student to drop more than six courses if the institution determines good cause exists. If one of the following situations has occurred, an institution shall consider it good cause for purposes of this chapter:
[(1) the institution has adopted a
policy under which the maximum number of courses a student is permitted
to drop is less than six; or]
(1) [(2)] a disaster declared
by the governor results in cessation or limitation of in-person course
attendance by students at the institution of a duration determined
by the institution to significantly affect the student's ability to
participate in course work with consideration of the length of time
of the cessation or limitation of in-person course attendance, the
type of courses, and the personal circumstances of students affected
by the disaster; or
(2) [(3)] the student shows good
cause for dropping more than that number, including [but not
limited to] a showing of:
(A) a severe illness or other debilitating condition that affects the student's ability to satisfactorily complete the course;
(B) the student's responsibility for the care of a sick, injured, or needy person if the provision of that care affects the student's ability to satisfactorily complete the course;
(C) the death of a person who is considered to be a member of the student's family or who is otherwise considered to have a sufficiently close relationship to the student that the person's death is considered to be a showing of good cause;
(D) the active duty service as a member of the Texas National Guard or the armed forces of the United States of either the student or a person who is considered to be a member of the student's family or who is otherwise considered to have a sufficiently close relationship to the student that the person's active military service is considered to be a showing of good cause; or
[(E) the change of the student's work
schedule that is beyond the control of the student, and that affects
the student's ability to satisfactorily complete the course; or]
(E) [(F)] other good cause as
determined by the institution of higher education.
[(4) the enrollment is for a student
who qualifies for a seventh course enrollment, who:]
(3) An institution shall permit a student who meets the criteria in this paragraph but does not meet the criteria in paragraphs (1) or (2) of this subsection to drop one additional course in addition to the number typically permitted by the institution's policy. If the institution has not adopted a policy under Texas Education Code, §51.907(d), such a student shall be permitted to drop a seventh course if:
(A) the student has reenrolled at the institution following a break in enrollment from the institution or another institution of higher education covering at least the 24-month period preceding the first class day of the initial semester or other academic term of the student's reenrollment; and
(B) the student successfully completed at
least fifty [50] semester credit hours of course
work at an institution of higher education that have not been
determined to be excess hours pursuant to [are not exempt
from the limitation on formula funding set out in] §13.104(1)
- (6) of this title (relating to Exemptions for Excess Hours) before
that break in enrollment.
[(b) For purposes of this section,
a "member of the student's family" is defined to be the student's
spouse, child, grandchild, father, mother, brother, sister, grandmother,
grandfather, aunt, uncle, nephew, niece, first cousin, step-parent,
step-child, or step-sibling; a "person who is otherwise considered
to have a sufficiently close relationship to the student" is defined
to include any other relative within the third degree of consanguinity,
plus close friends, including but not limited to roommates, housemates,
classmates, or other persons identified by the student, for approval
by the institution on a case-by-case basis.]
(c) For purposes of this section, a "member of the student's family" is defined to be the student's spouse, child, father, mother, brother, sister, step-parent, step-child, or step-sibling.
[(c) For purposes of this section,
a "grade" is defined to be the indicator, usually a letter like A,
B, C, D, or F, or P (for pass) assigned upon the student's completion
of a course. A "grade" indicates either that the student has earned
and will be awarded credit, if the student has completed the course
requirements successfully; or that the student remained enrolled in
the course until the completion of the term or semester but failed
to provide satisfactory performance required to be awarded credit.
A "grade" under this definition does not include symbols to indicate
that the course has been left incomplete, whether those symbols indicate
a negotiated temporary suspension of the end-of-term deadline for
completion of the course requirements commonly designated as "incomplete"
status, a dropped course under the conditions designated for this
section, or a withdrawal from the institution.]
(d) For the purposes of this section, a "person who is otherwise considered to have a sufficiently close relationship to the student" may include any other relative within the second or third degree of consanguinity, close friends, roommates, or classmates.
(e) An institution shall determine on a case-by-case basis whether a student demonstrates good cause due to the death of a person outlined in subsection (d) of this section.
(f) [(d)] An institution of higher
education may not count toward the number of courses permitted to
be dropped a course that the student dropped:
(1) while enrolled in a baccalaureate degree program previously earned by the student; or
(2) a dual credit or dual enrollment course that a student dropped before graduating from high school.
(g) [(e)] Each institution of
higher education shall adopt a policy [and procedure] for
determining a showing of good cause as specified in subsection
(b) [subsection (a)] of this section and shall provide
a copy of the policy to the Coordinating Board.
(1) Each institution of higher education shall publish the policy adopted under this subsection in its catalogue and other print and Internet-based publications as appropriate for the timely notification of students.
(2) The policy shall include a defined appeals process that complies with the Americans with Disabilities Act, 42 U.S.C. § 12101, for a student requesting to drop additional classes pursuant to the exception provided in subsection (b)(2)(A) of this section. An institution may institute an appeals process for students requesting an exemption under any of the other subsections.
[(f) Each institution of higher education
shall publish the policy adopted under this section in its catalogue
and other print and Internet-based publications as appropriate for
the timely notification of students.]
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 4, 2024.
TRD-202405312
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: December 15, 2024
For further information, please call: (512) 427-6182
SUBCHAPTER E. CERTIFICATE AND ASSOCIATE DEGREE PROGRAMS
The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 9, Subchapter E, §§9.91 - 9.96, concerning Certificate and Associate Degree Programs. Specifically, this repeal will remove sections superseded by program approval rules adopted by the Coordinating Board in July 2024 which are now in Chapter 2 of this title.
The Coordinating Board is required to review and approve requests for all new certificate and degree program requests offered in the state of Texas and has the authority to adopt, amend, and repeal rules for that purpose.
Elizabeth Mayer, Assistant Commissioner of Academic and Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Elizabeth Mayer, Assistant Commissioner of Academic and Health Affairs, 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 clarifying administrative code by removing sections from the Texas Administrative Code that are superseded by rules approved by the Texas Higher Education Coordinating Board in July 2024. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAcomments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The repeal is proposed under Texas Education Code, Section 61.0512, which provides the Coordinating Board with the authority to approve new degree and certificate programs.
The proposed repeal affects Texas Education Code, Section 61.0512.
§9.91.Purpose.
§9.92.Authority.
§9.93.Presentation of Requests and Steps for Implementation of New Degree and Certificate Programs in Career Technical/Workforce Education.
§9.94.Action and Order of the Board.
§9.95.Reporting to the Board.
§9.96.Disapproval of Programs; 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 October 31, 2024.
TRD-202405203
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: December 15, 2024
For further information, please call: (512) 427-6182
The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 9, Subchapter F, §§9.111 - 9.118, concerning Workforce Continuing Education Courses. Specifically, this repeal will remove sections superseded by program approval rules adopted by the Coordinating Board in July 2024 which are now in Chapter 2 of this title.
The Coordinating Board is required to review and approve requests for workforce continuing education courses offered in the state of Texas and has the authority to adopt, amend, and repeal rules for that purpose.
Elizabeth Mayer, Assistant Commissioner of Academic and Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Elizabeth Mayer, Assistant Commissioner of Academic and Health Affairs, 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 clarifying administrative code by removing sections from the Texas Administrative Code that are superseded by rules approved by the Texas Higher Education Coordinating Board in July 2024. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAcomments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The repeal is proposed under Texas Education Code, Section 130.001(b)(3), which provides the Coordinating Board with the authority to adopt standards for the operation of a college, and Section 61.0512, which provides the Coordinating Board with the authority to approve new degree and certificate programs.
The proposed repeal affects Texas Education Code, Sections 130.001(b)(3) and 61.0512.
§9.111.Purpose.
§9.112.Authority.
§9.113.Definitions.
§9.114.General Provisions.
§9.115.Application and Approval Procedures for Workforce Continuing Education Courses.
§9.116.Waiver of Tuition and Fees.
§9.117.Funding.
§9.118.Reporting to the Board.
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 October 31, 2024.
TRD-202405205
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: December 15, 2024
For further information, please call: (512) 427-6182
The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Part 1, Chapter 9, Subchapter I, §§9.161 - 9.163, regarding Distance Education. Specifically, this repeal will remove sections superseded by program approval rules adopted by the Coordinating Board in July 2024 which are now in Chapter 2 of this title.
The Coordinating Board is required to review and approve requests for all Distance Education degree program requests offered in the state of Texas and has the authority to adopt, amend, and repeal rules for that purpose.
Elizabeth Mayer, Assistant Commissioner of Academic and Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Elizabeth Mayer, Assistant Commissioner of Academic and Health Affairs, 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 clarifying administrative code by removing sections from the Texas Administrative Code that are superseded by rules approved by the Texas Higher Education Coordinating Board in July 2024. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state’s economy.
Comments on the proposal may be submitted to Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at AHAcomments@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The repeal is proposed under Texas Education Code, Section 61.0512(g), which provides the Coordinating Board with the authority to approve distance education offered for credit.
The proposed repeal affects Texas Education Code, Section 61.0512(g).
§9.161.Purpose.
§9.162.Authority.
§9.163.Courses and Programs Offered through Distance Education.
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 October 31, 2024.
TRD-202405207
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: December 15, 2024
For further information, please call: (512) 427-6182