Texas Register

TITLE 19 EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 5RULES APPLYING TO PUBLIC UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER AGENERAL PROVISIONS
RULE §5.5Uniform Admission Policy
ISSUE 11/20/2009
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Each public university shall admit first-time undergraduate students for each semester in accordance with Texas Education Code, §§51.801 - 51.809. Only The University of Texas at Austin shall admit students under Texas Education Code, §51.803(a-1) - (a-5) and subsection (e) of this section.

(b)All applicants from Texas schools accredited by a generally recognized accrediting agency and who graduate in the top 10 percent of their high school class shall be admitted to a general academic teaching institution if the student meets the following conditions:

  (1)The student graduated from high school within the two years prior to the academic year for which the student is applying for admission;

  (2)The student has met one of the following:

    (A)Successfully completed the Recommended or Advanced High School Program from a Texas public high school as outlined under Texas Education Code, §28.025, and §74.63 of this title (relating to Recommended High School Program) and §74.64 of this title (relating to Distinguished Achievement High School Program--Advanced High School Program);

    (B)Successfully completed a curriculum from a high school in Texas other than a public high school that is equivalent in content and rigor to the Recommended or Advanced High School Program as outlined under subsection (c) of this section;

    (C)Satisfied ACT's College Readiness Benchmarks on the ACT assessment; or

    (D)Earned on the SAT assessment a score of at least a 1500 out of 2400, or the equivalent;

  (3)The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline; and

  (4)The student submitted an official high school transcript or diploma not later than the end of the student's junior year of high school. The transcript or diploma must indicate that the student satisfied the requirements outlined under paragraph (2)(A) or (B) of this section.

(c)A student is considered to have satisfied the requirements of subsection (b)(2)(A) or (B) of this section if the student completed all or the portion of the Recommended or Advanced High School Program or of a curriculum equivalent in content and rigor, as applicable, that was available to the student. Student's may be considered to have completed the Recommended or Advanced High School curriculum if a student was unable to complete the remainder of the curriculum solely because courses necessary to complete the remainder were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control. The standards for determining whether a student has satisfied the requirements of this subsection include the following:

  (1)For a student in a Texas public high school, the public high school providing to a Texas public institution of higher education the Academic Achievement Record or transcript outlined under subsection (b)(4) of this section must indicate, in a form and manner prescribed by the Commissioner of Higher Education, whether the student has completed all or a portion of the Recommended or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.

  (2)For a student in a Texas private high school, the private high school providing to a Texas public institution of higher education the transcript or diploma outlined under subsection (b)(4) of this section must:

    (A)Be accredited by the Texas Private School Accreditation Commission or other accrediting organizations recognized by the Texas Education Agency; and

    (B)Indicate, in a form and manner prescribed by the Commissioner of Higher Education, whether the student has completed all or a portion of the Recommended or Advanced High School Program or of the curriculum equivalent in content and rigor, as applicable, that was available.

(d)All applicants from high schools operated by the United States Department of Defense and who graduate in the top 10 percent of their high school class shall be admitted to a general academic teaching institution if the student meets the following conditions:

  (1)The student graduated from high school within the two years prior to the academic year for which the student is applying;

  (2)The student is a Texas resident as defined in Texas Education Code, §54.052 or is entitled to pay tuition and fees at the rate provided for Texas residents for the term or semester to which the student is admitted; and

  (3)The student submitted a complete application as defined by the institution before the expiration of the institution's established deadline.

(e)For the period from the 2011-2012 academic year through the 2015-2016 academic year, The University of Texas at Austin is not required to admit applicants in excess of the number needed to fill 75 percent of first-time resident undergraduate students.

(f)High school rank for students seeking automatic admission to a general academic teaching institution on the basis of their class rank is determined and reported as follows:

  (1)Class rank shall be based on the end of the 11th grade, middle of the 12th grade, or at high school graduation, whichever is most recent at the application deadline.

  (2)The top 10 percent of a high school class shall not contain more than 10 percent of the total class size.

  (3)The student's rank shall be reported by the applicant's high school or school district as a specific number out of a specific number total class size.

  (4)Class rank shall be determined by the school or school district from which the student graduated or is expected to graduate.

(g)A general academic teaching institution may limit the number of students admitted under this section if the number of applicants eligible and applying for admission to the institution under this section exceeds by more than 10 percent the average number of first-time freshmen admitted the previous two academic years. If an institution chooses to limit the number of students admitted under this section, it must ensure that:

  (1)At least 97 percent of first-time freshmen admitted are in the top 10 percent of their high school class and;

  (2)Clear guidelines are established for the selection of students based on one or a specified combination of the following methods:

    (A)A lottery in which all students qualified for automatic admission have an equal chance for selection;

    (B)Students are selected on a first-come, first-admitted basis following receipt of a complete application; or

    (C)At least four or more criteria identified in Texas Education Code, §51.805 are used to select students admitted.

(h)Each general academic teaching institution shall annually report to the Board the composition of the entering class of first-time freshmen students admitted under this section. The report shall include a demographic breakdown of the class including race, ethnicity, and economic status. Each general academic teaching institution shall provide this report to the Board annually on or before a date set by the Board.

(i)Each public institution of higher education shall admit a student as an undergraduate if the student meets the following conditions:

  (1)Is the child of a public servant listed in Texas Government Code, §615.003 who was killed or sustained a fatal injuring in the line of duty; and

  (2)Meets the minimum admissions requirements established for purposes of this subsection by the governing board of the institution for high school or prior college-level grade point average and performance on standardized tests.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 6, 2009

TRD-200905129

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: November 26, 2009

Proposal publication date: September 25, 2009

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



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