The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §4.54, relating to Exemptions, Exceptions, and Waivers. The amendments add language to align with current statute regarding the period of the Texas Success Initiative exemption and the manner in which the exemption will be applied to an institution of higher education other than the partnering institution when a student successfully completes a college preparatory course under Texas Education Code §28.014. In addition, Senate Bill 215, 83rd Texas Legislature, Regular Session, called for the Board to engage institutions of higher education in a negotiated rulemaking process as described in Chapter 2008, Government Code in the development of such rules. The proposed amendments to this section were reviewed and approved by the Negotiated Rulemaking Committee on Exemptions relating to House Bill 5, College Preparatory Courses, on April 16, 2014.

Dr. Kristen Kramer, Senior Director of College Readiness and Success for P-16 Initiatives, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications for state or local governments as a result of the proposed amendments.

Dr. Kramer has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of the amendment will be an alignment of expectations for the exemption and will allow for adequate data collection to examine the student success rate and effectiveness of the college preparatory courses for preparing students for entry level college courses. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Kristen Kramer, Senior Director, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or via email at diana.foose@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 51, §51.3062(q-2), which provides the Coordinating Board with the authority to adopt rules to administer the section.

The amendments affect the implementation of Texas Education Code §51.3062.