The Texas Higher Education Coordinating Board adopts new §§4.21 - 4.34 concerning general oversight of public universities, health-related institutions, and two-year colleges (Transfer of Credit, Core Curriculum and Field of Study Curricula) with changes to §4.25, 4.28, and 4.32 of the proposed text as published in the February 28, 2003 issue of the Texas Register (28 TexReg 1712). Sections 4.21 - 4.24, 4.26, 4.27, 4.29 - 4.31, 4.33 and 4.34 are being adopted without changes. Specifically, the new rules replace existing rules being repealed contemporaneously in this issue of the Texas Register by assembling the new rules into one chapter, renumbering, and clarifying current Board rules regarding the general oversight of all public higher education institutions. The new rules amend and clarify current rules. New definitions have been added and the language has been edited for consistency. The procedures for resolution of transfer disputes for lower-division courses describe who may request such a resolution and what the responsibilities of the institutions are in notifying each other and the Commissioner of Higher Education in the event of a dispute. Another clarification specifies that health-related institutions will now be required to adopt core curricula for all baccalaureate programs. Other clarifications include identification of those institutions which must adopt a core curriculum and the addition of identifying numbers for core-curriculum component areas to be used for indicating completed core courses on student transcripts. New rules clarify the institutional responsibility for evaluating their compliance with Board-adopted Field of Study Curricula and for reporting the results of those evaluations. Other new rules establish a procedure for modifying an existing core curriculum or field of study curriculum.

The following comments were received regarding the sections:

Comment: The University of North Texas commented on a requirement in §4.25(e) that requires that support services for transfer students be "equivalent" to those provided to non-transfer students. They point out that different students have different needs and suggest that, instead, the rule should require that institutions provide services appropriate to meet the needs of transfer students

Staff response: We agree with the comment and are revising the rule language to read as follows: (e) All senior institutions of higher education in Texas shall provide support services appropriate to meet the needs of transfer students. These support services should be comparable to those provided to non-transfer students regularly enrolled at the institutions, including an orientation program similar to that provided for entering freshman enrollees.

Comment: The University of North Texas suggested adding a phrase in §4.28(c) to clarify that block transfer of core curriculum only applies to Texas institutions.

Staff response: The rule only applies to students completing a core curriculum at a Texas public institution of higher education. We have added clarifying language so that the sentence now reads: If a student successfully completes the 42 semester credit hour core curriculum at a Texas public institution of higher education, that block of courses may be transferred to any other Texas public institution of higher education and must be substituted for the receiving institution's core curriculum."

Comment: El Paso Community College and Texas Tech University indicated that §4.32(e) should read Each institution must note field of study curriculum courses.

Staff Response: We agree that this was an error and have made the requested change to the rules.

Comment: The following institutions or organizations submitted comments supporting the proposed change: Texas A&M University-Commerce

Staff Response: Because these comments were favorable, no changes were made.

Comment: Texas A&M University (TAMU) suggested clarification that would permit institutions offering programs to be excluded from the course notification provision. TAMU also wants a statement that all distance education courses be reported on the CBM-004.

Staff Response: Any clarification would be better placed in the Notification and Approval Procedures for Distance Education and Off-Campus Institutions. The staff will further consider the suggestion and take appropriate steps if changes are needed. No changes were made in response to this comment.

Comment: Lamar University suggested that §4.23, Paragraph (8), (Faculty Member) be revised so as not to exclude administrators who also teach--particularly deans, assistant/associate provosts, provost, Vice Presidents for Academic Affairs, because those administrators value the faculty rank they hold and consider themselves to be full-fledged members of the academy.

Staff Response: The language used in the definition of a faculty member in this section is taken directly from the statute, which requires that a majority of the members of any Field of Study Curriculum (FOSC) advisory committee must be taken from the teaching faculty ranks. The statute lists these administrative positions by title, specifically excluding them from those termed faculty members for statutory purposes. It should be noted that FOSC advisory committees do not exclude administrators who also teach--it merely provides for balance in participation on these committees, and ensures that those with a full-time teaching assignment be included in the development of the FOSC. No changes were made in response to this comment.

Comment: Regarding §4.31, Paragraph (b), Lamar University asked whether the procedures outlined in subparagraphs (1) - (3) refer to the addition of courses that will be required in the university's core curriculum, assuming that new courses which merely have been added to the existing list of courses which count toward satisfying the requirements in a particular Component Area (e.g., a new physics course that counts toward satisfying the Natural Sciences Component Area) would not need to be individually approved by the Coordinating Board.

Staff Response: The statute provides each individual institution bears responsibility for selecting the courses that will make up that institution's core curriculum. Course selections are subject to Coordinating Board review for compliance with exemplary educational outcome statements for the designated component area. Individual course approvals from the Coordinating Board are not necessary to identify a course as fulfilling a core curriculum component area requirement, as long as the course has received prior review at the institution to ensure compliance with the relevant exemplary educational outcome statements. All core curriculum courses in will be reviewed as part of the regular reporting provision, and any concerns will be ironed out with the institution as part of those regularly-scheduled reviews. 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, §51.911, which requires institutions of higher education to allow absences for religious holy days; Texas Education Code, §61.0815, which requires institutions to report expert witnesses; Texas Education Code, §61.051(g), and Texas Education Code, §§61.821-831, which authorizes the Board to adopt rules and establish policies and procedures for the development, adoption, implementation, and evaluation of core curricula, field of study curricula, and a transfer dispute resolution process; Texas Education Code, §51.307, which authorizes the Board to adopt rules to implement the provisions of Texas Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e), regarding Testing and Development Education; Texas Education Code, §§29.182, 29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d), which provide the Board with the authority to regulate dual credit partnerships between public two-year associate degree-granting institutions and public universities with secondary schools; and Texas Education Code, §61.088, which authorizes the Board to establish rules for the organization and operation of the Texas State Science and Engineering Fair.