The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §§5.43, 5.44, and 5.52, concerning Definitions, Presentation of Requests and Steps for Implementation, and Assessment of Existing Degree Programs. Section 5.52 is being adopted with changes to the proposed text as published in the February 11, 2011, issue of the Texas Register (36 TexReg 700) and will be republished, and §5.43 and §5.44 are being adopted without changes and will not be republished. The intent of the proposed amendments to §5.43 is to create definitions for terms related to the implementation of new degree programs and the review of existing programs. Section 5.44 adds a condition for the automatic approval of new bachelor's programs specifying that the minimum number of semester credit hours required to complete the program would not be greater than 120. The proposed amendments also state that if an institution proposes a bachelor's program requiring more than 120 semester credit hours, the institution must provide detailed written documentation regarding programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 120-hour limit. The proposed amendments to §5.52 add requirements for the periodic evaluation of master's and doctoral programs at public universities and health-related institutions. The additions include a seven-year review cycle, specific criteria to be used in evaluations, and a requirement to provide the results of all evaluations to the Board shortly after they are conducted.

Several comments were received during the comment period concerning these amendments.

Comment: The University of Texas Health Science Center at Houston and the University of Texas System Office of Health Affairs asked if the requirements in these proposed rule amendments would apply to professional doctorates such as Medical, Dental, and Nurse Practitioner.

Response: Yes, the requirements for periodic review of doctoral programs are intended to apply to all doctoral programs, including professional doctoral degrees. No additional changes were made as a result of this comment.

Comment: The University of Texas Southwestern Medical Center, the University of Texas Health Science Center at San Antonio, and the University of Texas at El Paso stated that many of their doctoral programs undergo regular, rigorous reviews for reasons of accreditation and licensure. They asked if such reviews could substitute for the reviews required by these proposed rule amendments.

Response: Based upon the public comments received from institutions, staff are adding §5.52(c)(11) and §5.52(d)(11) to the rule. This allows institutions to submit the results of professional or specialized accreditation reviews in satisfaction of the program review and reporting required by these proposed rule amendments.

Comment: The University of Texas Health Science Center at San Antonio notes that some of its bachelor's programs for professional students can exceed the 120 credit hours due to accreditation and licensure requirements.

Response: These rule amendments are written to allow institutions to request exceptions based on accreditation and licensure requirements. No additional changes were made as a result of this comment.

Comment: The University of Texas Health Science Center at San Antonio said that the timing of program reviews is a critical issue and asked for institutions to be able to give input on the timing of the review of particular programs.

Response: The rule amendments allow institutions to submit a review schedule of their own creation, so long as it follows a seven-year cycle. No additional changes were made as a result of this comment.

Comment: The University of Texas at El Paso requested changes to the definitions of the terms "doctoral graduation rate" and "faculty publications."

Response: The definitions for these terms come directly from the "18 Characteristics of Doctoral Education". Board staff believes that keeping the definitions for these terms consistent with the "18 Characteristics of Doctoral Education" will help maintain the accuracy and consistency of both program review and the publishing of doctoral data. No additional changes were made as a result of this comment.

Comment: The University of Texas at El Paso requests that the review cycle for master's and doctoral programs be changed from every seven years to every fifth and tenth year in accordance with the accreditation reviews of the Southern Association of Colleges and Schools.

Response: The proposed amendments represent the recommendations of the Graduate Education Advisory Committee, which recommended graduate program reviews take place at least every 7 years. In addition, some institutions may not wish to undergo both institutional and programmatic accreditation reviews simultaneously. No additional changes were made as a result of this comment.

Comment: The University of Texas at El Paso requests that the rule amendments be altered to allow institutions to conduct a "virtual review" of doctoral programs, using teleconferencing, rather than an on-site review.

Response: Board staff maintains that an on-site review of a doctoral program would be a better method for evaluating program quality. No additional changes were made as a result of this comment.

Comment: The University of Texas at El Paso requests that the rule amendments be altered by adding an additional criterion for the review of doctoral programs: "faculty credentials."

Response: In response to this request, staff is changing §5.52(c)(9) to include the additional criterion, "faculty qualifications," which matches the criterion listed in the requirements for the review of master's programs.

The amendments are adopted under the Texas Education Code, §61.051(e), which provides that the Coordinating Board shall review all degree programs offered by public institutions of higher education to assure that they meet the present and future needs of the state and that no new departments, school, degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the Coordinating Board.