The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 5, Rules Applying to Public Universities, Health-Related Institutions, and/or Selected Public Colleges of Higher Education in Texas, Subchapter D, Operation of Off-Campus Educational Units of Public Senior Colleges, Universities and Health-Related Institutions, §§5.71 - 5.73, 5.76, and 5.78, concerning the approval and operation of off-campus educational units with changes to proposed text as published in the August 12, 2016, issue of the Texas Register (41 TexReg 5878). The intent of the amendments is to clarify and streamline rules to reflect current statute, rule references, policies, and practices regarding the approval processes and operation of off-campus educational units.

Four comments were received from the Texas Tech University System, The University of Texas System, The University of North Texas System, and the Texas A&M University System regarding these proposed rules.

Comment: The Texas Tech University System, The University of Texas System, and the Texas A&M University System expressed their objection to language in §5.76(b) that provides the Commissioner authority to establish policies to designate off-campus educational units.

Staff Response: The rule to which the system offices are referring was adopted in 2003 as §5.76(i). The rule was not changed, only reorganized and renumbered in the proposed rules. No change was made in the proposed rules as a result of these comments.

Comment: The Texas Tech University System, The University of Texas System, The University of North Texas System, and the Texas A&M University System expressed their objection to language in §5.76(c) that provides the Board authority to withdraw the approval of an off-campus educational unit. Their opinion is that withdrawing the approval of the off-campus educational unit would, in effect, constitute the elimination of degree programs and would be in conflict with statute.

Staff Response: In §5.76(c), the word "recognition" was replaced with "approval" in the proposed rule. Staff has reverted the rule back to its original language giving the board authority to withdraw the recognition of an off-campus educational unit, instead of the approval of an off-campus educational unit.

Comment: The Texas Tech University System expressed their objection to language in section 5.76(d) that prohibits off-campus educational units from requesting legislative funding separate from their parent institutions.

Staff Response: The rule to which the system offices are referring was adopted in 2003 as §5.76(h). The rule was not changed, only reorganized and renumbered in the proposed rules. No change was made in the proposed rules as a result of these comments.

Comment: The Texas A&M University System requested that staff revisit the policy requiring an institution to notify other public institutions within a 50-mile radius of the off-campus teaching site of its intention to offer new programs at the site 60 days prior to proposed first day of instruction.

Staff Response: No time frame is specified in the proposed rules regarding area notification to institutions within a 50-mile radius of off-campus educational units relating to new program delivery. This rule does not apply to notification of planning related to new sites. No change was made in the proposed rules as a result of this comment.

Comment: The Texas A&M University System requested that staff eliminate the repeated definition of multi-institution teaching center from §5.73(4) and §5.73(5)(C).

Staff Response: The language in the proposed rules serves the purpose of defining the multi-institutional teaching center and how it relates to an off-campus educational unit. No change was made in the proposed rules as a result of this comment.

Comment: The Texas A&M University System expressed their objection to the revision in the language of the University System Center definition in §5.73(5)(g) that specifies the partners of the center to be two or more of the system's parent institutions. It believes that this language discourages collaboration between community colleges and universities in the operation of the center.

Staff Response: The language in the proposed rules does not prohibit or restrict collaboration with community college partners within a University System Center. No change was made in the proposed rules as a result of this comment.

Comment: The Texas A&M University System expressed their objection to language in §5.76(e)(1) that requires research at the center be limited to that necessary for the courses and programs offered.

Staff Response: The rule to which the system offices are referring was adopted in 2003 as §5.76(c)(1). The rule was not changed, only reorganized and renumbered in the proposed rules. No change was made in the proposed rules as a result of these comments.

The amendments are adopted under Texas Education Code, Chapter 61, Subchapter G, §61.0512 (g), which authorized the Coordinating Board to approve off-campus courses offered by institutions of higher education within the state.