The Texas Higher Education Coordinating Board proposes new §§5.41 - 5.50, concerning academic policies affecting public universities and/or health-related institutions (Approval of New Academic Programs and Administrative Changes at Public Universities and/or 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. The proposed sections in this chapter primarily represent a consolidation of existing rules concerning the approval of new academic programs and administrative changes. Section 5.43 includes some new definitions. Section 5.45 consolidates into one section previously separate approval criteria for bachelor's and master's programs. Section 5.46 includes slightly more detailed criteria than previous rules to help institutions better prepare high quality doctoral programs. The new §5.48 describes the process by which certificate programs will be approved at universities and health-related institutions and clarifies which kinds of certificates do not need board approval or require notification only. Section 5.49, the Board's policy on certification of adequacy of financing, has been moved here from elsewhere in rules to be more accessible to institutions planning new programs. Section 5.50 has been modified to allow the Commissioner to approve minor changes to an institution's table of programs. This section also contains a change that would allow the Commissioner to approve programs with new five-year costs of less than $2 million. The previous limit was $1 million.

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.

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