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 §5.54Noncompliance with Conditions of Approval for New Doctoral Degree Programs
ISSUE 02/02/2018
ACTION Proposed
Preamble No Rule Available

(a)A new doctoral degree program that fails to satisfy all contingencies and conditions 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 remaining 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 Association 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 graduation 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 program 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 finally closed.

(d)If the institution chooses not to follow the recommendation, Coordinating Board staff may send the recommendation to the governing board of the institution. If the governing board does not accept 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 on the next legislative appropriations request submitted by the system or institution.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 22, 2018

TRD-201800202

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: March 4, 2018

For further information, please call: (512) 427-6104



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