The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §5.46 concerning Criteria for New Doctoral Programs for the purpose of adding an additional criterion for the approval of new doctoral degree programs with changes to the proposed text as published in the October 22, 2010, issue of the Texas Register (35 TexReg 9459). The new criterion would stipulate that the most recent six-year baccalaureate degree graduation rate must equal or exceed the most recent six-year statewide average baccalaureate degree graduation rate. For the purposes of the proposed amendment, baccalaureate degree graduation rates at Texas A&M University and The University of Texas at Austin would not be included in the calculation of the statewide average six-year baccalaureate degree graduation rate.

The following comments were received regarding the amendments:

Comment: The University of Texas System recommended that the past performance of an institution's other Ph.D. and graduate programs be used as an indicator of the potential success of new doctoral programs rather than the proposed average statewide six-year baccalaureate degree graduation rate.

Response: The proposed inclusion of the most recent average statewide six-year baccalaureate degree graduation rate as an essential criterion for the approval of new doctoral degree programs is not intended to be indicative of the potential success of a new doctoral program. Rather, it is intended to be a measure of an institution's commitment to improving and maintaining the quality of undergraduate education before expending resources on new doctoral degree programs. Based on this comment, staff have included new language in paragraph (15) that allows institutions to submit documentation in support of an exception to this criterion based upon special circumstances, including but not limited to significant external funding, compelling regional need, and institutional mission.

Comment: Texas A&M University at Kingsville pointed to the success of their current doctoral programs which target area workforce needs and attract significant external funding. They request that the State impose no rule that would limit institutions' growth in key areas or penalize them for missions that promote participation from underserved and often poorly prepared minority students.

Response: Regardless of the number or quality of existing doctoral programs, the proposed rule is intended to steer limited resources to undergraduate success if the institution is below state averages. The section may have some flexibility for proposed doctoral programs that are supported by external funding and do not draw upon State funds. The Coordinating Board's priority for underrepresented students is to increase the number of degree-holders, not just the number who are enrolled. Based on this comment, staff have included new language in paragraph (15) that allows institutions to submit documentation in support of an exception to this criterion based upon special circumstances, including but not limited to significant external funding, compelling regional need, and institutional mission.

The amendments are adopted under the Texas Education Code, §61.051, which provides the Coordinating Board with the authority to coordinate institutions of higher education.