The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to §§5.41 - 5.43, 5.45, 5.46, 5.48, 5.50 - 5.52, 5.54 of concerning Approval of New Academic Programs at Public Universities, Health-Related Institutions, and Review of Existing Degree Programs. Sections 5.41 - 5.43, 5.45, 5.48, 5.50 - 5.52 and 5.54 are adopted without changes and will not be republished. Section 5.46 is adopted with changes to proposed text as published in the February 2, 2018, issue of the Texas Register (43 TexReg 519). The intent of the amendments was to update the criteria for the approval of new degree and certificate programs to better reflect the priorities of the state strategic plan for higher education, streamline the review of existing graduate programs, and delete an outdated section of criteria regarding the approval of baccalaureate programs at selected community colleges.

Comments were received regarding these amendments as follows:

Comment: TTU commented on policy related to the approval of new certificate programs, specifically, §5.42 Authority, which states Texas Education Code, §61.0512 provides that no new [department, school,] degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Texas Education Code, §130.302 and §130.312 [§130.0012] applies to public junior colleges. TTU commented that the official policy required for approval is based on the number of semester credit hours for upper level certificates and graduate certificates. TTU requested clarification about the approval process.

Staff Response: Staff agree with the institution regarding the need to clarify when notification is required from the institution.

The following policy applies to upper-level undergraduate certificates and graduate level and professional certificates:

Certificate programs that require Coordinating Board approval, through a streamlined approval process include:

Upper-level undergraduate certificates of 21 to 36 hours in disciplinary areas where the institution already offers an undergraduate degree program.

Graduate-level and professional certificates of 16 to 29 hours in disciplinary areas where the institution already offers a graduate program at the same level as the certificate.

Institutions are not required to notify the Coordinating Board when establishing new certificate programs with fewer than 21 SCH for an upper-level undergraduate and fewer than 16 SCH for graduate level certificate programs.

No changes were made as a result of the two comments.

Comment: The University of Texas at Austin (UT-Austin) and The University of Texas Health Science Center Houston (UTHSC-Houston) submitted similar comments related to §5.45 Criteria for New Baccalaureate and Master's Degree Programs, (2) Unnecessary duplication, regarding the additional requirement that an institution proposing a new online bachelor's or master's program be required to demonstrate that there is unmet workforce need and student demand for the program that cannot be met by existing online programs offered by Texas public institutions. Both institutions felt that this would be an onerous task. UT-Austin commented, "demonstrating unmet workforce needs and unmet student demands for existing programs could prove excessively onerous. While the university considers geographic proximity when developing new degree programs offered in residence, the lack of geographical boundaries in the online context changes this consideration significantly. Instead of solely focusing on those two factors in current programs, the proposed rule should take into consideration a documented demand for the proposed program including academic quality, program design, market niche, and other factors".

UTHSC-Houston commented, "the proposed language regarding distance education would significantly hinder Texas institutions of higher education in their offerings of new distance education programs. In the context of new distance education programs, trying to demonstrate unmet workforce needs and unmet student demands for existing distance education programs would likely not be possible due to the lack of a targeted geographic region. Indeed, the implementation of National Council for State Authorization Reciprocity Agreements (NC-SARA, with Texas as a participating state), provides outstanding educational opportunities for students to succeed in distance education programs at the baccalaureate and/or master's level offered by Texas institutions of higher education."

Staff Response: Coordinating Board staff agrees with the UT-Austin comment that additional information should be considered in reviews and notes that the existing review process includes consideration of several factors, including academic quality, program design, and market niche.

Staff note that demonstrating unmet need and student demand for the proposed online program would provide the proposing institution with an understanding of existing online programs available to Texas students. Assessing workforce need and student demand for new programs are important aspects of proposal review in order to determine if a new program would be a good investment [of state resources]. Institutions could demonstrate unmet need and student demand by contacting existing online programs offered by Texas public higher education institutions and obtaining information on existing capacity and admissions. This would encourage institutions to better coordinate their online efforts.

No changes were made as a result of the two comments.

Comment: UTHSC-Houston commented on §5.45 Criteria for New Baccalaureate and Master's Degree Programs, (3) Faculty Resources (A), stating "The proposed language will potentially have the undesirable outcome of an untimely financial burden on programs and institutions. The requirement to have at least one full-time equivalent faculty already in place in order for a new program to begin enrolling students does not consider that program curricula, developed by committees of faculty and academic leadership, account for the time to degree and appropriate planning at the program level."

Staff Response: A new degree program must have faculty to develop and teach the curriculum, mentor students, and lead research efforts. The proposed standard of at least one full-time equivalent faculty will help ensure that faculty resources for a new program are sufficient for the program's successful operation.

No changes were made as a result of the comment.

Comment: Texas Tech University (TTU) commented on §5.45 Criteria for New Baccalaureate and Master's Degree programs, (6) Curriculum design. TTU recommended that the Coordinating Board provide in its proposal resources a template for or examples of how to state student time to degree considerations.

Staff Response: Staff agree and are in the process of reviewing forms and will incorporate examples in the next iteration.

No changes were made as a result of the comment.

Comment: Texas Tech University (TTU) commented on §5.45 Criteria for New Baccalaureate and Master's Degree programs, (11) Marketable Skills. TTU recommended that the Coordinating Board provide in its proposal resources a template for or examples of how to state student's information of marketable skills.

Staff Response: Staff agree and are in the process of reviewing forms and will incorporate examples in the next iteration.

No changes were made as a result of the comment.

Comment: UTHSC-Houston and Texas Tech University (TTU) commented on §5.45 Criteria for New Baccalaureate and Master's Degree Programs, (12) Strong Related Programs. UTHSC-Houston stated "This additional criteria does not consider the potential for emerging new and innovative disciplines that are aligned with workforce needs. The rule, as written, would limit an institution's innovation." TTU asked the question, "What defines 'related and supporting?'" TTU provided an example of a new Master's program in Dance and asked if existing programs in Theater, Art, and Music were related and supporting?

Staff Response: Staff agree that newly emerging disciplines may fall outside the range of an institution's Program Inventory and notes that the language "as appropriate" at the end of the section indicates that not all proposals for new programs will have closely related programs, including programs offered under an existing Classification of Instructional Programs (CIP) code.

No changes were made to the proposed rules.

Comment: UTHSC-Houston commented on §5.46 Criteria for New Doctoral Programs (5) Faculty Resources (A) stating "The proposed language on hiring additional faculty and related documentation on a schedule determined by the Coordinating Board: would significantly delay the development and implementation of new doctoral programs; could result in an untimely financial burden on programs; and is not necessary. Institutions must already satisfy the Southern Association of Colleges and Schools Commission on Colleges (SASCOC) standards related to faculty in both existing and new programs (Section 6 of The Principle of Accreditation), including demonstrating an adequate number of full-time faculty, faculty qualifications, program faculty, program coordination, faculty appointment and evaluation processes and faculty development."

Staff Response: During the proposal review process, institutions and the THECB frequently agree to contingencies for approval. This rule change formalizes the process by which institutions will inform the THECB of their adherence to any agreed-upon contingencies.

No changes were made to the proposed rules.

Comment: UTHSC-Houston commented on §5.46 Criteria for New Doctoral Programs (18) Marketable Skills, stating "Proposed language to add a Marketable Skills as Criteria for New Doctoral Programs is unnecessary and outside the scope envisioned by 60x30TX. Marketable skills language throughout 60x30TX refers to "two- and four-year public institutions." Even the language in the Marketable Skills Goal Implementation Guidelines implies that it is directed at students at the beginning, "Texas public two-year and four-year institutions must ensure that students are aware of, and graduate with marketable skills."

Staff Response: Developing a list of marketable skills and conveying that information to students is one of four goals of the state's strategic plan, 60X30TX. The proposed rule change ensures new doctoral programs include marketable skills in the development and implementation of the new program and would ensure that Texas doctoral students could document their marketable skills to future employers.

No changes were made to the proposed rules.

Comment: Texas Tech University (TTU) suggested changes to §5.46. Criteria for New Doctoral Programs, (5) Faculty Resources, (A)...submission of a letter of intent, curriculum vitae, and a list of courses to be taught. Proposed recruitment of such faculty shall not meet this criterion. No authorized doctoral program shall be initiated until qualified faculty are active members of the department through which the program is offered. TTU Recommend revision to: "and a list of courses in the curriculum that the faculty hire would be qualified to teach."

Staff response: Staff agree and propose making the suggested revision to §5.46 Criteria for New Doctoral Programs (5) Faculty Resources (A).

The amendments are adopted under Texas Education Code, §61.0512, which provides the Coordinating Board with the authority to approve new certificate and degree programs at public institutions of higher education.