The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to §4.54 and §4.58, concerning the Texas Success Initiative to support developmental education reform efforts as related to Texas Education Code, §51.3062, Success Initiative. These amendments were adopted on an emergency basis, and now are being filed to allow for a 30-day comment period.

The intent of the amendments is to incorporate into existing rules changes and provisions enacted by the 84th Texas Legislature (HB 1054, SB 1776). Specifically, the amendments would add Basic Academic Skills Education (BASE) to the Non-course competency based developmental education intervention definition, outlining its co-enrollment requirements; would increase the Texas Success Initiative (TSI) exemption for the college preparatory course under Texas Education Code, §28.014 from twelve months to twenty-four months from 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; would require 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; and would require institutions of higher education with developmental education programs to provide differentiated instructional options for students assessed at BASE levels.

Dr. Mary E. Smith, Interim Assistant Commissioner, College Readiness and Success, has determined that for each year of the first five years the sections are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Smith has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be the improvement of persistence and success of entering college freshmen determined not to be college ready. 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 proposal may be submitted to Dr. Suzanne Morales-Vale, Director of Developmental and Adult Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or suzanne.morales-vale@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, §51.307, which provides the Coordinating Board with the authority to adopt rules to implement the provisions of Texas Education Code, §51.3062, concerning the Texas Success Initiative.

The amendments affect the Texas Education Code, §51.3062.