The Texas Higher Education Coordinating Board adopts new §§5.71, 5.72, 5.73, 5.76, and 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) with changes to §§5.71, 5.73, 5.76, 5.78 of the proposed text as published in the February 28, 2003 issue of the Texas Register (28 TexReg 1742). Section 5.72 is being adopted without changes. Specifically, these new sections replace existing sections being repealed contemporaneously in this issue of the Texas Register by assembling into one chapter, renumbering, and clarifying current rules affecting public universities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 adopted to clarify Board requirements and is the result of a complete review, rewriting, and restructuring of current Board rules affecting these units. The adopted rules for this section: 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.

The following comments were received regarding the new rules:

Comment: Texas Tech University raised a number of issues related to the clarity of definitions and requirements related to higher education centers and teaching sites in Subchapter D.

Staff Response: Responses to specific comments are detailed below, but these comments also lead us to reorganize Subchapter D, moving material in §5.74 related to definitions of types of off-campus administrative units to the main definition section, §5.73, and moving material in §5.74 related to general principles for off-campus educational units to §5.76, which presents those principles. The details of the reorganization of §5.74 are as follows:

§5.74(a) describing the purpose of off-campus educational units was incorporated into §5.76(a) and (b).

§5.74(b)(1), the definition of a higher education teaching site, was moved to §5.73, becoming §5.73(12).

§5.74(b)(2), the definition of a higher education center, was moved to §5.73, becoming §5.73(6).

§5.74(b)(2)(A) on library principles was moved to §5.76(c)(4).

§5.74(b)(2)(B) on the head of a higher education center was moved to §5.76(k).

§5.74(b)(2)(C) and (D) on technology standards were moved to §5.76(c)(3).

§5.74(b)(2)(E) on faculty standards was moved to §5.76(g)(5).

§5.74(b)(2)(F) and (G) on the center name and center continuance were moved to §5.76(l).

§5.74(b)(3), the definition of a branch campus, was moved to §5.73, becoming §5.73(2).

Comment: Texas Tech University asked that a definition of Higher Education Center be added.

Staff Response: A definition was added as requested. Definitions of branch campus, special purpose campus, and recognized higher education teaching site were added for clarity, as well.

Comment: Texas Tech University asked why the definition of "teaching site" excluded locations where courses or programs are delivered to cohort(s) only.

Staff Response: The reference was removed from the definition of a teaching site.

Comment: An informal question was asked about whether off-campus educational centers can offer lower-division courses.

Staff Response: To clarify, staff has added the following provision to §5.76(c)(2): In general, off-campus educational units are not intended to offer lower-division courses. Lower-division courses can only be offered in accordance with Chapter 4.101-4.108 of this title and related Board procedures.

Comment: Comments were received on two faculty-related provisions. Texas Tech University questioned the constraints on hiring full-time faculty in off-campus programs that have fewer than 75 enrollments (§5.74(b)(2)(E)). Both the University of North Texas and TTU noted the inconsistency in §5.76(i) which prohibits permanent commitment to faculty at off-campus educational units, but requires that the majority of faculty have prior or continuing significant involvement with the parent institution.

Staff Response: Faculty-related provisions for all types of off-campus educational units have been placed in §5.76(g). Faculty and enrollments are now linked through a less prescriptive statement that reflects the intent of the 75 enrollments. The section now reads: Programs offered by an off-campus educational unit's own faculty should have enrollments sufficient to support efficient operations. The commitment to faculty section has been changed to read: The parent institution should not make a permanent commitment to faculty exclusively working at a teaching site or center, unless the faculty will be transferred to the parent institution should their program be eliminated or consolidated. The wording excludes Regional Academic Health Centers (RAHCs) and branch campuses from this provision.

Comment: TTU requested further clarification of the role of research at off-campus educational units.

Staff Response: Research conducted at off-campus educational units should be tied to and a function of the courses and programs offered. Research should be conducted only if the on-campus version of a program requires it. The following statement was added to §5.76(c)(1): Research conducted at off-campus educational units should be limited to that necessary for the courses and programs offered.

Comment: Several commenters asked about the requirement in §5.74(b)(2)(B) that centers be headed by a dean or executive director.

Staff Response: §5.74(b)(2)(B) stating that centers be headed by a dean or executive director was moved to §5.76(k). The wording of this section was changed to retain the concept that a single individual should lead each center, but to give greater flexibility as to the position held by that person. The rule now reads that a center should lead by an appropriate administrator whose title does not suggest that the unit is an independent institution.

Comment: UNT suggested that the definition governing students who could be counted by a center be expanded to include Internet students who are required to report to campus for a portion of their course, such as orientation, testing, or review.

Staff Response: Staff believes that the method of counting students for the pathway model should primarily be a way of determining the local demand at a center for higher education services. The count is used, after all, to determine whether local demand has reached the threshold that would justify the creation of a new upper-level university. For that reason, we believe that the count should primarily reflect students who are physically present taking classes at the center. Students in internet-based courses who are required to report to a campus for an orientation, testing, or review, would not be appropriate to count since the majority of their support could very likely be non-campus-based. In addition, staff believes that counting such students toward Pathway thresholds would be inconsistent with the Board's general intentions regarding the Pathway model. No changes were made in response to this comment.

Comment: TTU commented on clarification about how existing off-campus educational facilities owned by institutions will be treated and about permissible forms of local facility support.

Staff Response: §5.76 (f) has been changed to add that off-campus facilities must be in compliance with Chapter 17 (Campus Planning) of CB rules. Subchapter D is not intended to address facilities issues.

Comment: TTU asked whether there are regulatory and functional differences between being on the Supply/Demand Pathway and not being on it.

Staff Response: §5.76(b) states that the Commissioner shall make policies concerning how a location receives designation for a specific type of educational unit. These policies will address regulatory and functional distinctions. No changes were made in response to this comment.

The new rules are adopted 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.