Texas Register

TITLE 19 EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 5RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER CAPPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES AND ASSESSMENT OF EXISTING DEGREE PROGRAMS
RULE §5.44Presentation of Requests and Steps for Implementation
ISSUE 05/08/2009
ACTION Proposed
Preamble No Rule Available

(a)Requests for new degree programs[, certificate programs, and administrative units] shall be made in accordance with the following procedures [specified by the Commissioner].

   (1)Approval of new bachelor's and master's programs is automatic if all of the following conditions are met:

    (A)The program has institutional and governing board approval.

    (B)The institution certifies compliance with the Standards for New Bachelor's and Master's Programs.

    (C)The institution certifies that adequate funds are available to cover the costs of the new program.

    (D)New costs during the first five years of the program would not exceed $2 million.

    (E)The program is a non-engineering program (i.e., not classified under CIP code 14).

    (F)The program would be offered by a university or health-related institution.

    (G)No objections to the proposed program are received by the Coordinating Board during the 30-day comment period.

   (2)If a proposed bachelor's or master's program meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research to add the program. If a proposed program does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard degree program request form.

   (3)The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. No new program shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate or degree program at any time to ensure compliance with the any of the criteria outlined in paragraph (1) of this subsection.

   (4)An institution requesting a new doctoral program shall submit a proposal using the standard doctoral program request form. All requests for new doctoral programs require preliminary authority prior to the submission of a degree program request.

(b)Requests for new certificate programs shall be made in accordance with the following procedures.

  (1)Approval of new undergraduate and graduate certificate programs is automatic if all of the following conditions are met:

    (A)The certificate program has institutional and governing board approval.

    (B)The institution certifies that adequate funds are available to cover the costs of the new certificate program.

    (C)The certificate program meets all other criteria in §5.48 of this title (relating to Criteria for Certificate Programs at Universities and Health-Related Institutions).

    (D)No objections to the proposed certificate program are received by the Coordinating Board during the 30-day comment period.

  (2)If a proposed certificate program meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research. If a proposed certificate program does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard program request form.

  (3)The Coordinating Board shall post the proposed program online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. No new certificate program shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit a certificate program at any time to ensure compliance with the any of the conditions outlined in paragraph (1) of this subsection.

(c)Requests for administrative changes shall be made in accordance with the following procedures. Administrative changes include the creation of new administrative units - such as colleges, schools, divisions, and departments - as well as changes to existing administrative units, such as a name change, consolidation of existing units, or movement of a program into another unit.

  (1)Approval of an administrative change is automatic if all of the following conditions are met:

    (A)The administrative change has institutional and governing board approval.

    (B)The institution certifies that adequate funds are available to cover the costs of the administrative change.

    (C)New costs during the first five years would not exceed $2 million.

    (D)The administrative change meets all other criteria in §5.47 of this title (relating to Criteria for Administrative Change Requests).

    (E)No objections to the proposed administrative change are received by the Coordinating Board during the 30-day comment period.

  (2)If a proposed administrative change meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Academic Affairs and Research to update the administrative structure of the institution. If a proposed administrative change does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard administrative change request form.

  (3)The Coordinating Board shall post the proposed administrative structure online for public comment for a period of 30 days. If no objections occur, the Coordinating Board staff shall update the institution's administrative unit structure accordingly. No new administrative unit shall be implemented until all objections are resolved. The Coordinating Board reserves the right to audit an administrative unit at any time to ensure compliance with the any of the conditions outlined in paragraph (1) of this subsection.

[(b)Requests for new degree and certificate programs and for administrative changes require:]

  [(1)Approval by the Board of preliminary authority, if needed prior to Board consideration; all requests for doctoral programs require preliminary authority prior to Board consideration.]

  [(2)Approval by the governing board of the institution concerned;]

  [(3)Certification of adequate funding by the institution; and]

  [(4)Final approval by the Board, or by the Commissioner if permitted under §5.50 of this title (relating to Approvals by the Commissioner).]

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 April 21, 2009

TRD-200901510

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 30, 2009

For further information, please call: (512) 427-6114



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