The Texas Higher Education Coordinating Board (Coordinating Board) adopts 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. Section 5.54 is adopted with changes to the proposed text as published in the August 30, 2013, issue of the Texas Register (38 TexReg 5650). Sections 5.42, 5.44 - 5.46, and 5.55 are adopted without changes and will not be republished.

The amendments are adopted to incorporate into existing rules changes and provisions enacted by Senate Bill 215, 83rd Texas Legislature, Regular Session.

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

Section 5.44 is amended 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 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.

Section 5.46 is amended 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.

The following comments were received concerning the amendments.

Comment: Texas Tech University sent a comment to clarify the name of Southern Association of Colleges and School Commission on Colleges in §5.54(c)(1).

Staff response: Staff agreed and made the necessary change to §5.54(c)(1).

Comment: The University of Texas System sent a comment indicating that it found the changes to §5.44 reasonable and anticipated no problems in complying with them.

Staff response: Staff appreciated the feedback.

Comment: The University of Texas System sent a comment regarding §5.45 indicating that they support the changes proposed by staff. However, the System also points out that existing provisions of these rules require that formula funding from enrollments in a new program cover the major costs of the program. The system says these provisions are not consistent with the manner in which degree programs are funded by institutions. The system suggests that the Board bring this topic to an appropriate advisory committee for discussion and possible modification.

Staff response: Staff plans to bring the issue to an appropriate advisory committee.

Comment: The University of Texas System sent a comment regarding §5.46(3) - (4), saying that the requirement in these rules for institutions to provide data on the capacity of other existing programs in the state to accept additional students is already part of the application process, and the System has no concerns.

Staff response: Staff appreciated the feedback.

Comment: The University of Texas System sent a comment indicating that it supported the changes recommended for §5.54.

Staff response: Staff appreciated the feedback.

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