The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §§5.42, 5.44 - 5.46, 5.54, and 5.55, concerning approval of new academic programs at public universities, health-related institutions, and review of existing degree programs. These amendments are adopted on an emergency basis in this issue of the Texas Register, and are proposed to allow for a 30 day comment period. The intent of the amendments is to incorporate into existing rules changes and provisions enacted by Senate Bill 215, 83rd Texas Legislature, Regular Session.

Section 5.42 is revised to reflect changes in the statutes that provide the Board with authority to approve new programs.

Section 5.44 is revised to provide new procedures for requests for new certificate, bachelor's, master's, and doctoral programs which include: institutions must submit new program requests with all of the necessary information and documentation to demonstrate that the request meets all of the criteria required by §5.45, Coordinating Board staff will review for completeness within five business days of receipt, and the right of the Coordinating Board staff to audit a degree program.

Section 5.45 is amended to clarify that all new baccalaureate and master's program requests must include documentation that show that the proposed programs meet all the criteria in this section.

An amendment is made to §5.46 to require that institutions making requests for new doctoral programs provide data regarding the enrollments, number of graduates, and capacity to accept additional students of other similar doctoral programs in Texas with new program requests. Undergraduate success measures are deleted as an essential criterion of approval of new doctoral degree programs.

Section 5.54 is amended to expand rules for doctoral program closure with notification requirements.

Section 5.55 is amended to specify additional proposed changes to approved programs that must be approved by the Board.

Dr. Stacey Silverman, Interim Assistant Commissioner for Workforce, Academic Affairs and Research, has determined that for the first five years the amendments are in effect, there will be no fiscal implications for state or local governments as a result of amending the sections.

Dr. Silverman has also determined that for the first five years the amendments are in effect, the public benefits anticipated as a result of administering the sections will be to provide greater clarity and specificity to the requirements for the approval of new degree and certificate programs. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposed amendments may be submitted by mail to Dr. Stacey Silverman, Interim Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711; or via email at WAARcomments@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Chapter 61, §§61.0512, 61.055, and 130.0012, which provides the Coordinating Board with the authority to adopt rules to administer the sections.

The amendments affect the implementation of Texas Education Code, Chapter 61.