The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of Texas Administrative Code, Title 19, Chapter 4, Subchapter B, §§4.21 - 4.36 and new rules in Chapter 4, Subchapter B, §§4.21 - 4.38. Specifically, the repeal and new rules are part of the implementation of Texas Education Code §§61.821 and 61.823.

In conjunction with this rulemaking, the Coordinating Board is repealing Chapter 27 of the Board Rules that previously implemented the advisory committee requirements of §61.823, and replacing that chapter with new Chapter 1, Subchapter V. The Board is repealing existing Chapter 4, Subchapter B, and proposes new rules as detailed below. The Coordinating Board proposes Chapter 4, Subchapter B, rules 4.21, 4.24, 4.26, 4.28 - 4.31 without changes to current rules which are being proposed for repeal. Rule 4.37 as proposed is renumbered without changes from current rule 4.35 which is being proposed for repeal. Rule 4.38 as proposed is renumbered with only typographical corrections from current rule 4.36 which is being proposed for repeal.

Agency staff conducted more than twenty-four meetings, over a span of six months, using an informal stakeholder workgroup to develop a conceptual framework for both the substantive revisions of rules governing Field of Study Curriculum and transfer of credit between institutions. The stakeholder workgroup was composed of an equal number of representatives from public junior colleges and general academic teaching institutions. The proposed rules in this subchapter and the Texas Transfer Advisory Committee rules in Title 19, Chapter 1, Subchapter V, address longstanding challenges in the transfer system to enable students to earn and reliably transfer credits among institutions of higher education. These rules create additional certainty for students and institutions toward the ultimate goal of reducing the cost of higher education for Texas families.

The Coordinating Board proposes a new advisory committee structure to implement Texas Education Code §61.823 that utilizes one advisory committee (the new Texas Transfer Advisory Committee or "TTAC") that works with the assistance of subcommittees to lend expertise and make recommendations to the Texas Transfer Advisory Committee on courses that should be included in Discipline Foundation Courses, selected discipline-relevant Texas Core Curriculum courses, and the development of the Field of Study Curricula.

The Texas Transfer Advisory Committee is composed of an equal number of representatives from groups representing public junior colleges and general academic teaching institutions, not to exceed a total of 24 members. A quorum of the Texas Transfer Advisory Committee is defined as a majority of members from each group. The Texas Transfer Advisory Committee will convene Discipline-Specific Subcommittees to recommend Discipline Foundation Courses in each Field of Study Curriculum that the Texas Transfer Advisory Committee proposes to develop and recommend to the Commissioner of Higher Education. The Texas Transfer Advisory Committee must have a super-majority of the representatives of each of the public junior colleges and general academic teaching institutions in order to recommend a Field of Study Curriculum to the Commissioner for approval. The TTAC may vote by simple majority to send a proposed Field of Study Curriculum back to the subcommittee for revision if they do not vote to approve it as proposed.

The Field of Study Curriculum is composed of three components that together will fulfill the requirement of Education Code §61.823: discipline-relevant courses selected from the existing Texas Core Curriculum, the Discipline Foundation Courses, and Directed Electives. With the assistance of the Discipline-Specific Subcommittees, the TTAC will develop and recommend the set of recommended discipline-relevant Texas Core Curriculum courses and the Discipline Foundation Courses to the Commissioner.

The Discipline Foundation Courses are a set of courses within a major course of study, consisting of up to twelve (12) semester credit hours, selected for inclusion in a Field of Study Curriculum for that discipline. These courses will apply toward undergraduate degrees within the Field of Study Curriculum at all Texas public institutions that offer a corresponding major or track, except for those institutions approved to require alternative Discipline Foundation Courses under Title 19, Chapter 4, Subchapter B, §4.35.

Directed Electives are a set of courses that apply toward a major course of study within a Field of Study Curriculum at a specific general academic teaching institution. The Directed Electives for each Field of Study Curriculum must consist of at least six (6) semester credit hours. The Directed Electives and Discipline Foundation Courses components combined may not exceed eighteen (18) semester credit hours in total. Each institution will submit its Directed Electives to the Board in addition to posting them on the institution's website. This established list and its publication will allow students to ensure that they can enroll in courses that are applicable to a bachelor's degree. The publication requirements allow a general academic teaching institution to assist transfer students in becoming well-prepared to complete the institution's upper-division course work and earn a degree. By creating a definite list of Discipline Foundation Courses, and combining those with the selected discipline-relevant Texas Core Curriculum, and a published set of Directed Electives for each Field of Study Curriculum at a receiving institution, the Board anticipates the reliability of transfer and certainty for students and sending institutions will be greatly improved. The collaborative process, which includes super-majority voting requirements, will create the opportunity for two- and four-year institutions to work together to improve outcomes and ultimately reduce cost for Texas students. The rules also revise the credit transfer dispute resolution process by improving transparency for students about the procedure and allowing students or sending institutions to appeal to the Commissioner as an option of last resort.

Each general academic teaching institution will determine whether a student is Field of Study Curriculum complete. Each general academic teaching institution must transfer the credit and substitute that block of courses for that institution's lower-division courses upon enrollment of a student who is Field of Study Curriculum complete. A student who is Field of Study Curriculum complete can then move on to the upper-division courses required of students native to that institution. The rules meet the requirement of Texas Education Code §61.823, by requiring a general academic teaching institution to transfer applicable credits for partial completion of a Field of Study Curriculum upon enrollment of a transfer student.

The rules also provide for a data-driven evaluation process by requiring institutions to report certain data to the Coordinating Board so that the institution and the Board can determine whether and how the new processes and Field of Study Curricula improve transfer pathways in Texas over time.

Rule 4.21 is proposed without changes to current rule 4.21 which is being proposed for repeal.

Rule 4.22 states the authorities for the rules in subchapter B to reflect new provisions governing Field of Study Curricula.

Rule 4.23 includes definitions for terms used in Chapter 4, Subchapter B, and cross-referenced to Chapter 1, Subchapter V.

Rule 4.23(4) "Directed Electives" is defined as at least six credit hours that each general academic teaching institution may require as one component of Field of Study Curriculum for completion at that institution. The general academic teaching institution must publish the Directed Electives on its website and cross-list the courses using the Texas Common Course Numbering System course number. These courses are limited to those in the Lower-Division Academic Course Guide Manual.

Rule 4.23(5) defines "Discipline Foundation Courses" as courses within a major course of study that form one component of Field of Study Curriculum. Each institution must apply the credits toward the student's corresponding major or track offered by the institution for that Field of Study.

Rule 4.23(6) defines "Discipline-Specific Subcommittee" as a subcommittee formed by the Texas Transfer Advisory Committee (TTAC). These subcommittees are charged with recommending to the TTAC courses that should be included in a Field of Study Curriculum developed by TTAC.

Rule 4.23(7) implements Field of Study Curriculum set out in Education Code §61.823. The Field of Study Curriculum has three components: (a) selected discipline-relevant Texas Core Curriculum courses, (b) the Discipline Foundation Courses, and (c) the Directed Electives. Each receiving institution must apply the credit for any Field of Study Curriculum courses completed by the student to the required coursework for the degree program to the corresponding degree program offered by the receiving institution.

Rule 4.23(8) and (9) defines types of institutions of higher education to conform to Education Code §61.003.

Rule 4.23(11) defines the new Texas Transfer Advisory Committee (TTAC), which replaces the advisory committees in Chapter 27, being repealed in conjunction with this rulemaking. The TTAC has responsibility for advising the Commissioner on Field of Study Curricula, including their establishment and revision. The TTAC may request to form a Discipline-Specific Committee to assist in the development of a Field of Study Curriculum.

Rule 4.24 is proposed without changes to current rule 4.24 which is being proposed for repeal.

Rule 4.25 relates to general transfer of credit requirements and prohibitions.

Rule 4.26 is proposed without changes to current rule 4.26 which is being proposed for repeal.

Rule 4.27 provides clarity and specificity around the resolution of credit transfer disputes among institutions. The rules require a receiving institution that proposes to deny a student's transfer credits to provide notice to the student and under certain timelines. If the sending and receiving institutions are unable to resolve the dispute, the student or the sending institution may appeal to the Commissioner. The Commissioner or his designee will make the final determination about the transfer of credit. Each institution must publish the transfer credit dispute process in its course catalog. The Board is required to keep and track data on transfer credit dispute resolutions.

Rules 4.28 - 4.31 governing the Texas Core Curriculum are proposed without changes to current rules 4.28 - 4.31 which are being proposed for repeal and will be reviewed in a future negotiated rulemaking.

Rule 4.32 as proposed describes the creation and implementation of Field of Study Curricula in detail. The rule provides that the Commissioner will appoint the TTAC and the TTAC may request the assistance of a Discipline-Specific Subcommittee to assist the Texas Transfer Advisory Committee. The TTAC will recommend a new Field of Study Curriculum to the Commissioner who is authorized to approve or deny the Field of Study Curriculum. Consistent with rule 4.23(7), the rule sets out the three components of a new Field of Study Curriculum and sets out the mandatory provisions of the Discipline Foundation Courses and Directed Electives. Subsection (b)(2)(E) creates a process by which a general academic teaching institution may seek approval from the Commissioner to create an alternative list of Discipline Foundation Courses for the institution in exceptional circumstances, specified in the rule. The rule sets out the process for approval of the alternative Discipline Foundation Courses. This rule sets out the requirements for reporting and publication of the Discipline Foundation Courses.

Subsection (b)(3) describes the process governing an institution's selection, reporting, and publication of its Directed Electives. The rule specifies that each institution must have at least six hours of Directed Electives for each Field of Study Curriculum and that the Directed Electives and Discipline Foundation Courses must total eighteen (18) credit hours for each institution.

Subsection (c), as proposed, provides that a receiving general academic teaching institution shall determine whether a transfer student is Field of Study Curriculum complete upon the transfer student's enrollment. If a student successfully completes an approved Field of Study Curriculum, a general academic teaching institution must substitute that block of courses for the receiving institution's lower-division requirements for the degree program for the corresponding Field of Study Curriculum into which the student transfers.

Subsection (d) describes the acceptance and application of credit when a student has achieved only partial completion of a Field of Study Curriculum prior to enrollment in a receiving general academic teaching institution.

The rule sets out the requirements for publication of the Field of Study Curricula and transcription requirements.

Subsection (g) of the proposed rule establishes transition provisions that govern the expiration of Field of Study Curricula and how institutions should "teach out" students who, on or before August 31, 2022, have earned credit in a Field of Study Curriculum that exists on March 1, 2021.

Rule 4.33 as proposed sets out the process for approval of the Field of Study Curricula, including Texas Transfer Advisory Committee's use of Discipline-Specific Subcommittees, the TTAC's process for voting on approval to recommend a Field of Study Curriculum to the Commissioner and the Commissioner's authority to approve or deny the Field of Study Curriculum.

The rule provides that the Texas Transfer Advisory Committee's approval of a Field of Study Curriculum requires approval by a supermajority vote of two-thirds of the general academic teaching institution representatives who are present and voting and two-thirds of the public junior college representatives who are present and voting.

The rule as proposed also creates a process for the Commissioner to provide informal notice and receive comments from affected institutions prior to approving or denying the Field of Study Curricula recommended by the TTAC. The Commissioner will report to the Board all Field of Study Curricula the Commissioner has approved or denied since the last quarterly Board meeting. The Commissioner will provide an annual report to the TTAC on all Field of Study Curricula that the Commissioner approved during the prior year.

Rule 4.34 specifies the conditions upon which the Commissioner will consider and modify or revise a Field of Study Curriculum.

Rule 4.35 sets out the process by which a general academic teaching institution may petition the Commissioner to create an alternative list of Discipline Foundation Courses for the institution in exceptional circumstances, specified in the rule. The rule sets out the process for approval of the alternative Discipline Foundation Courses. This rule sets out the requirements for reporting and publication of the alternative Discipline Foundation Courses. The Commissioner will consider a petition for alternative Discipline Foundation Courses (DFC) not later than 30 days after receiving the report from TTAC. The Commissioner will inform the Board and maintain on the Board's website a list of approved alternative DFC.

Rule 4.36 proposes the provisions of current rule 4.33 which is being proposed for repeal. This provision requires institutions of higher education to submit evaluations of the transfer policies, including data on the degree programs that have Field of Study Curricula, credit transfer data, and advising practices. The data must include: a chart or table showing the number of total transfer students for each degree program that has a Board-approved Field of Study Curriculum for each of the last five years; the chart should indicate year-by-year the percentage of students who transferred having completed the applicable Field of Study Curriculum; the percentage of students who transferred without having completed the applicable Field of Study Curriculum; and any information about progress toward graduation or graduation rates that can compare transfer student performance with non-transfer student performance during the evaluation period.

Subsection (c) of the rule sets out requirements for the TTAC to create a schedule for review of Field of Study Curricula.

Rule 4.37 as proposed is renumbered without changes from current rule 4.35 which is being proposed for repeal.

Rule 4.38 as proposed is renumbered with only typographical corrections from current rule 4.36 which is being proposed for repeal.

Dr. Stacey Silverman, Assistant Commissioner, Academic Quality and Workforce, has determined that for each of the first five years the rules are in effect there would be no fiscal implications for state or local governments as a result of repealing and replacing Chapter 4, Subchapter B, with these rules. There are no estimated reductions in costs to the state or to local governments as a result of repealing and replacing Chapter 4, Subchapter B, with these rules. There is no estimated loss or increase in revenue to the state or to local governments as a result of repealing and proposing new Chapter 4, Subchapter B, with these rules.

There is no fiscal impact on small businesses, micro businesses, or rural communities. There is no anticipated impact on local employment.

Dr. Silverman has also determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of administering these sections will be greater clarity in the transfer process and long-term reduced cost of education for students who enter higher education at a two-year institution. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will create new rules;

(6) the rules will replace current rules in Chapter 4, Subchapter B;

(7) the rules will not change the number of individuals subject to the rules; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Stacey Silverman, Ph.D., Assistant Commissioner, Academic Quality and Workforce, P.O. Box 12788, Austin, Texas 78711, or via email at AQW@highered.texas.gov. Comments will be accepted for thirty days following publication of the proposal in the Texas Register.

The new rules are proposed under Texas Education Code §61.027, which provides the Coordinating Board with general rulemaking authority; Texas Education Code §61.002, which establishes the Coordinating Board as the agency charged to provide leadership and coordination for the Texas higher education system; Texas Education Code §61.051, which provides the Coordinating Board with authority to coordinate institutions of public higher education in promoting quality education; and Texas Education Code §§61.821, 61.8221, 61.823-61.828, 61.830, 61.059(l), 61.059(p), and 61.0593, which provide for the development and implementation of Field of Study Curricula, authorize the Board to form advisory committees to assist the Board, and authorize the Board to adopt rules as necessary. Texas Education Code §61.028(a) authorizes the Board to delegate duties to the Commissioner of Higher Education.

The proposed new rules affect Texas Education Code §61.822.