Texas Register Preamble

The Texas Higher Education Coordinating Board (Coordinating Board) adopts on an emergency basis amendments to §4.54 and §4.58, concerning the Texas Success Initiative (TSI) to support developmental education reform efforts as related to Texas Education Code (TEC), §51.3062 Success Initiative. The amendments are being adopted on an emergency basis pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoptions of the rule on less than 30 days' notice.

The Coordinating Board made the finding that the amendments to §4.54 and §4.58 should be adopted on an emergency basis, pursuant to §2001.034 of the Government Code, because Senate Bill 1776, 84th Legislature, 2015, passed both houses with more than a two-thirds majority of all the elected members in each house and was signed by the Governor, making it effective immediately. The newly amended statute will affect students applying now to public institutions of higher education for fall 2015 enrollment. The next regular quarterly meeting of the Board is scheduled for October 22, 2015, which would not allow public institutions of higher education adequate time for implementation to be in accord with the effective date of the bill. Therefore, the amendments to these sections must be adopted on less than 30 days' notice pursuant to §2001.034 of the Government Code.

The intent of the amendment is to incorporate into existing rules changes and provisions enacted by the 84th Texas Legislature (Senate Bill 1776, 84th Legislature, 2015). The amendment to Chapter 4, Subchapter C, Texas Success Initiative, §4.54 would increase the TSI exemption for the college preparatory course under Texas Education Code, §28.014 from twelve months to twenty-four months from the student's date of high school graduation and would require the student to enroll in the entry-level college credit course in the exempted content area in the student's first year of enrollment at the institution of higher education. The amendment to §4.58 requires that students with the college preparatory course exemption who do not successfully complete the college credit course in the exempted content area must be advised of non-course based options for becoming college ready.

The amendments are adopted on an emergency basis under the Texas Education Code, Chapter 51, §51.307, which provides the Coordinating Board with the authority to adopt rules to administer §51.3062, Success Initiative.

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