Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,428
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programs in the state to accept additional students is already part
of the application process, and the System has no concerns.
Staff response: Staff appreciated the feedback.
Comment: The University of Texas System sent a comment in-
dicating that it supported the changes recommended for 5.54.
Staff response: Staff appreciated the feedback.
The amendments are adopted under Texas Education Code,
61.0512, 61.055, and 130.0012, which provide the Coordinat-
ing Board with the authority to adopt rules to administer the sec-
tions.
5.54. Noncompliance with Conditions of Approval for New Doc-
toral Degree Programs.
(a) A new doctoral degree program that fails to satisfy all con-
ditions of approval by the end of the first five years following program
implementation shall be notified in writing of said failure by the Board
staff. Within sixty (60) days of receipt of notification, the program
shall:
(1) provide to the Board staff a written report containing
the institution's findings as to why all conditions of approval were not
met;
(2) submit a written plan describing how the program will
fulfill all unsatisfied conditions of approval within one year; and
(3) at the end of the one-year period provide a report to
the Board staff on whether or not all unsatisfied conditions of approval
have been fulfilled.
(b) A new doctoral degree program that fails to satisfy all re-
maining conditions of approval during the one-year period referenced
in subsection (a)(2) of this section shall be required to show cause why
the program should not be closed.
(c) Program Closure. If it is determined that a new doctoral
degree program is in jeopardy of noncompliance with the conditions
of its approval, Coordinating Board staff may notify the institution in
writing with a recommendation. If the institution where the program is
located wishes to close the program, the institution shall:
(1) give appropriate notification to the Southern Associa-
tion of Colleges and Schools Commission on Colleges;
(2) cease to admit new students to the program and provide
Board staff with the names, dates of admission, and projected gradua-
tion dates of all students currently enrolled in the program;
(3) teach-out students currently enrolled in the program
over a period of time not to exceed one and one-half times the normal
program length. The Commissioner may extend the duration of the
teach-out period if the institution presents compelling evidence that an
extension is appropriate and necessary;
(4) ensure that all courses necessary to complete the pro-
gram are offered on a timely basis;
(5) close the program when the last student enrolled in the
program has graduated or the teach-out period has lapsed; and
(6) notify the Coordinating Board when the program is fi-
nally closed.
(d) If the institution chooses not to follow the recommenda-
tion, Coordinating Board staff may send the recommendation to the
governing board of the institution. If the governing board does not ac-
cept the recommendation to eliminate the program, then the university
system or, where a system does not exist, the institution must identify
the programs recommended for closure by the Coordinating Board onthe next legislative appropriations request submitted by the system or
institution.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 4,
2013.
TRD-201305070
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 24, 2013
Proposal publication date: August 30, 2013
For further information, please call: (512) 427-6114
19 TAC 5.49
The Texas Higher Education Coordinating Board (Coordinating
Board) adopts the repeal of 5.49, concerning Certification of
Adequacy of Financing for New Academic Programs, without
changes to the proposal as published in the August 30, 2013,
issue of the Texas Register (38 TexReg 5652).
The repeal is adopted because Senate Bill 215 of the 83rd Texas
Legislature amended Texas Education Code 61.055(a), which
formerly required the Board to receive certification of adequate
financing before approving any new department, school, or de-
gree program.
There were no comments received concerning the repeal of this
section
The repeal is adopted under Texas Education Code, 61.0512,
61.055, and 130.0012, which provide the Coordinating Board
with the authority to adopt rules to administer the sections.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 4,
2013.
TRD-201305071
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective date: November 24, 2013
Proposal publication date: August 30, 2013
For further information, please call: (512) 427-6114
19 TAC 5.56
The Texas Higher Education Coordinating Board (Coordinating
Board) adopts new 5.56, concerning Approval of Baccalaure-
ate Degree Programs for Selected Community Colleges, with-
out changes to the proposed text as published in the August 30,
2013, issue of the Texas Register (38 TexReg 5653).
The new section is adopted to incorporate into existing rule
changes and provisions enacted by Senate Bill 215, 83rd Texas
Legislature, Regular Session. The new section provides rules38 TexReg 8428 November 22, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/116/?rotate=90: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.