| (a) Each institution of higher education shall apply
the following procedures in the resolution of credit transfer disputes
involving lower-division courses:
(1) If an institution of higher education does not
accept and apply a course included in the field of study curriculum
for the program in which a student is enrolled or a course in the
core curriculum earned by a student at another institution of higher
education, the receiving institution shall give written notice to
the student and to the sending institution that it intends to deny
the transfer of the course credit and shall include in that notice
the reasons for the proposed denial. The receiving institution must
attach the procedures for resolution of transfer disputes as outlined
in this section to the notice. The notice and procedure must include:
(A) clear instructions for appealing the decision to
the Commissioner; and
(B) the name and contact information for the designated
official at the receiving institution who is authorized to resolve
the credit transfer dispute.
(2) A student who receives notice as specified in paragraph
(1) of this subsection may dispute the denial of credit by contacting
a designated official at either the sending or the receiving institution.
(3) The two institutions and the student shall attempt
to resolve the transfer of the course credit in accordance with this
section. An institution that proposes to deny the credit shall resolve
the dispute not later than the 45th day after the date that the student
enrolls at the institution.
(4) If the student or the sending institution is not
satisfied with the resolution of the credit transfer dispute, the
student or the sending institution may notify the Commissioner in
writing of the denial of the course credit and the reasons for denial.
(b) Not later than the 20th business day after the
date that the Commissioner receives the notice of dispute concerning
the application of credit for the core curriculum or field of study
curriculum, the Commissioner or the Commissioner's designee shall
make the final determination about a credit transfer dispute and give
written notice of the determination to the student and each institution.
(c) If the Commissioner or the Commissioner's designee
determines that an institution may not deny the transfer of credit
for the core curriculum or the field of study curriculum, the receiving
institution shall accept and apply the credit toward the core curriculum
or the field of study as determined by the Commissioner or the Commissioner's
designee.
(d) A decision under this section is not a contested
case. The Commissioner or the Commissioner's designee's decision is
final and may not be appealed. Each transfer credit dispute resolved
by the Commissioner shall be posted on the Board website, including
the final determination.
(e) Each institution of higher education shall publish
in its course catalogs the procedures specified in this section.
(f) The Board shall collect data on the types of transfer
disputes that are reported and the disposition of each case that is
considered by the Commissioner or the Commissioner's designee.
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