(a)Each institution [Institutions]
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 [course credit] 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 [for lower-division courses] 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. [request for transfer dispute resolution. A receiving
institution that denies course credit for transfer shall notify the
Commissioner in writing of its denial and the reasons for the denial
not later than the 45th day after the date the receiving institution
provided the required notice of the transfer credit denial under subsection
(a)(1) of this section.]
(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. [
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 institutions. The decision
is not a contested case. The Commissioner's decision is final and
may not be appealed.]
(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 apply the credit toward the core curriculum
or the field of study as determined by the Commissioner or the Commissioner's
designee. [Each institution of higher education shall publish
in its course catalogs the procedures specified in this section.]
(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. [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.]
(e)Each institution of higher education shall
publish in its course catalogs the procedures specified in this section. [
If a receiving institution has cause to believe that a course being
presented by a student for transfer from another institution is not
of an acceptable level of quality, it should first contact the sending
institution and attempt to resolve the problem. In the event that
the two institutions are unable to come to a satisfactory resolution,
the receiving institution may notify the Commissioner who may investigate
the course. If its quality is found to be unacceptable, the Board
may discontinue funding for the course.]
(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.
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 February 5, 2024
TRD-202400424 Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: March 17, 2024
For further information, please call: (512) 427-6182
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