The Texas Higher Education Coordinating Board proposes new §§5.71 - 5.74, 5.76, 5.78, concerning academic policies affecting public universities and/or health-related institutions (Operation of Off-Campus Educational Units of Public Senior Colleges, Universities and Health-Related Institutions. Specifically, these new sections replace existing sections which are contemporaneously proposed for repeal in this issue of the Texas Register. The new sections assemble in one chapter, renumber, and clarify current rules affecting public universities and health-related institutions. Over time, rules have been developed with definitions and procedures for different types of off-campus educational units. These differences make unnecessary and confusing distinctions between types of off-campus educational units. A consolidation of off-campus education unit rules is proposed to clarify Board requirements and is the result of a complete review, rewriting, and restructuring of current Board rules affecting these units. The proposed new rules retain and make more explicit the special nature of the supply/demand pathway concept; combine rules dealing with specific types of off-campus units into a single listing for all types; remove from the rules and place in Board policies procedural statements on the application process and timeline for establishment of off-campus educational units; and require approval of the Board for classification of certain types of off-campus educational units and for specific designation of whether a unit is on the supply/demand pathway model.

Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related Institutions, has determined that for each year of the first five years the new 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. Hill has also determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of administering these sections will be the improved organization and clarity of rules affecting public institutions of higher education. 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 proposed new rules may be submitted to Marshall A. Hill, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.

The new sections are proposed under the Texas Education Code, §61.027, which provides the Board with general rule-making authority; §61.002, which establishes the Board as an agency charged to provide leadership and coordination for the Texas higher education system; §61.051, which provides the Board with authority to coordinate institutions of public higher education in promoting quality education; Texas Education Code, §51.807, which provides the Board with the authority to adopt rules relating the Uniform Admissions; Texas Education Code, §51.762(a), which provides the Board with the authority to implement the Common Admission Application, Texas Education Code, §61.074, which provides the Board with the authority to adopt rules relating to grade-point calculation, Texas Education Code, §61.051(d) and (e), which directs the Board to develop the role and mission of each institution and periodically review the role and mission statements, Tables of Programs, and all certificate and degree programs, Texas Education Code, §61.051(j), which requires the approval of the Board for operation of off-campus educational units, and Texas Education Code, §61.055, which requires a Board finding that a new department, school, or degree or certificate program is adequately financed.

Texas Education Code, §§61.002, 61.051, 51.807, 51.762(a), 61.074, 61.051(d), (e), and (j), and 61.055.