|(a) In reviewing a request for preliminary authority
to add a program (baccalaureate, master's, and doctoral) to the institution's
Table of Programs, the Commissioner shall consider:
(1) a demonstrated need for a future program in terms
of present and future vocational needs of the state and the nation;
(2) whether the proposed addition would complement
and strengthen existing programs at the institution;
(3) whether a future program would unnecessarily duplicate
other programs within the region, state, or nation; and
(4) whether a critical mass of students and faculty
is likely to be available to allow the program to be offered at a
high level of quality and to become self-sufficient on the basis of
(b) In reviewing a request for preliminary authority
to add a doctoral program to the institution's Table of Programs,
the Commissioner shall consider the criteria set out in subsection
(a) of this section and the following additional criteria:
(1) a demonstrated regional, state, or national unmet
need for doctoral graduates in the field, or an unmet need for a doctoral
program with a unique approach to the field;
(2) evidence that existing doctoral programs in the
state cannot accommodate additional students (or accessibility to
these programs is restricted), or that expanding existing programs
is not feasible or would not best serve the state;
(3) if appropriate to the discipline, the institution
has self-sustaining baccalaureate- and master's-level programs in
the field and/or programs in related and supporting areas;
(4) the program has the potential to obtain state or
national prominence and the institution has the demonstrable capacity,
or is uniquely suited, to offer the program and achieve that targeted
(5) demonstrated current excellence of the institution's
existing undergraduate and graduate degree programs and how this excellence
shall be maintained with the development and addition of a high quality
doctoral program; measures of excellence include the number of graduates
and six-year baccalaureate graduation rates which should equal or
exceed the most recent annual statewide average six-year baccalaureate
graduation rate as defined in Subchapter C, §5.46(15) of this
chapter (relating to Criteria for New Doctoral Programs). If the graduation
rate is below this state average, preliminary authority may still
be considered if the institution meets at least two of the following
(A) The percent of change in the ratio of baccalaureate
degrees awarded to the total undergraduate enrollment is at or above
the statewide percent of change over the most recent three years,
and the institution has had an increase in productivity over the most
recent three years.
(B) The percent of change in the total number of baccalaureate
degrees awarded is at or above the statewide percent of change for
the most recent three years, and the institution has had an increase
in productivity over the most recent three years.
(C) The percent of change in the number of baccalaureate
degrees awarded to "at risk" students as defined in Chapter 13, Subchapter
I, §13.150 of this title (relating to Definitions) is at or above
the state percent of change for the most recent three years, and the
institution has had an increase in productivity over the most recent
(6) satisfactory placement rates for graduates of the
institution's current doctoral programs, with comparison to peer group
placement rates when available;
(7) how the program will address Closing The Gaps by
(8) institutional resources to develop and sustain
a high-quality program; and
(9) where appropriate, a demonstration of plans for
external accreditation, licensing, or other applicable professional
recognition of the program.
(c) Review and Approval Process.
(1) As provided by Texas Education Code, §61.051(e),
at least every four years the Board shall review the role and mission
statements, the table of programs and all degree and certificate programs
offered by each public senior university or health related institution.
Requests for preliminary authority for new degree programs shall be
presented as part of this review. The review shall include the participation
of the institution's board of regents.
(2) The review process shall be determined by the Commissioner,
but shall include a review of low-producing degree programs at the
(3) The Board shall approve or re-approve the mission
statement. Each institution shall be given an opportunity to be heard
by the Board about these matters.
(4) Preliminary authority is not required if a degree
program meets all of the following conditions:
(A) The program has institutional and Board of Regents
(B) The program is a non-doctoral program.
(C) The program is a non-engineering program (i.e.,
not classified under CIP code 14).
(D) The program would be offered by a university or
(5) All other requests for preliminary authority shall
be made using the standard preliminary authority request form and
shall be approved or denied by the Commissioner.
(6) An institution may appeal decisions regarding preliminary
authority to the Board at one of its quarterly meetings.
(7) Outside the normal review process described in
paragraph (1) of this subsection, an institution may request of the
Board an amendment to its authorized role and mission and/or preliminary
authority for additional degree programs at any time the Commissioner
determines that compelling circumstances warrant.
(8) After approval or re-approval, requests for new
programs and administrative changes shall be considered in the context
of the approved role and mission for the institution.
(9) The Commissioner may approve minor changes to the
mission statement of an institution during the period between the
reviews referenced in paragraph (1) of this subsection.
|Source Note: The provisions of this §5.24 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective May 12, 2005, 30 TexReg 2661; amended to be effective November 22, 2005, 30 TexReg 7726; amended to be effective May 14, 2007, 32 TexReg 2639; amended to be effective August 26, 2009, 34 TexReg 5676; amended to be effective May 29, 2012, 37 TexReg 3799