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 AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND REVIEW OF EXISTING DEGREE PROGRAMS
RULE §5.44Presentations of Requests and Steps for Implementation
ISSUE 04/05/2013
ACTION Proposed
Preamble No Rule Available

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

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

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

    (F)The proposed program is not one which the institution previously offered and has been closed due to low productivity in the last 10 years.

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

     [(H)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 Workforce, 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)If the minimum number of semester credit hours required to complete a proposed bachelor's program exceeds 120, the institution must provide detailed [written] documentation describing the compelling academic reason for the number of required hours, such as programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 120-hour limit. The Coordinating Board will review the documentation provided and make a determination to approve or deny a request to exceed the 120-hour limit.

  (4)The institution proposing the program shall notify all public institutions within 50 miles of the teaching site of their intention to offer the program at least 30 days prior to submitting their request to the Coordinating Board. [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. If objections occur, the proposing institution must resolve those objections prior to submitting the request to the Coordinating Board. If the proposing institution cannot resolve the objection(s), and the institution wishes to submit the proposed program, the proposing institution may request the assistance of the Assistant Commissioner of Workforce, Academic Affairs and Research to mediate the objections and determine whether the proposing institution may submit the proposed program. 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 any of the criteria outlined in paragraph (1) of this subsection.]

   (5)The Coordinating Board reserves the right to audit a degree program at any time to ensure compliance with any of the criteria outlined in paragraph (1) of this subsection.

  (6)[(5)] 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)New [Approval of new] undergraduate and graduate certificate programs shall be approved [is automatic] if all of the following conditions are met:

    (A) - (C)(No change.)

     [(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 Workforce, 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 institution proposing the certificate program shall notify all public institutions within 50 miles of the teaching site of their intention to offer the certificate program at least 30 days prior to submitting their request to the Coordinating Board. [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. If objections occur, the proposing institution must resolve those objections prior to submitting the request to the Coordinating Board. If the proposing institution cannot resolve the objection(s), and the institution wishes to submit the proposed certificate program, the proposing institution may request the assistance of the Assistant Commissioner of Workforce, Academic Affairs and Research to mediate the objections and determine whether the proposing institution may submit the proposed certificate program. 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 any of the conditions outlined in paragraph (1) of this subsection.]

   (4)The Coordinating Board reserves the right to audit a certificate program at any time to ensure compliance with 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)The Coordinating Board shall post the proposed administrative structure online for public comment for a period of 30 days for any administrative change request that concerns the creation of new administrative units such as colleges, schools, divisions, and departments. 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 any of the conditions outlined in paragraph (2) of this subsection.]

  [(2)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); and]

    [(E)The administrative change request concerns changes to existing administrative units, such as a name change, consolidation of existing units, or movement of a program into another unit; or, no objections to the proposed administrative change are received by the Coordinating Board during the 30-day comment period for those administrative change requests that concern the creation of new administrative units such as colleges, schools, divisions and departments.]

  [(3)If a proposed administrative change meets the conditions in paragraph (2) 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 (2) of this subsection, the institution must submit a proposal using the standard administrative change request form.]

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 March 25, 2013

TRD-201301246

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: July 25, 2013

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



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