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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 5RULES APPLYING TO PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND/OR SELECTED PUBLIC COLLEGES OF HIGHER EDUCATION IN TEXAS
SUBCHAPTER CAPPROVAL OF NEW ACADEMIC PROGRAMS AT PUBLIC UNIVERSITIES, HEALTH-RELATED INSTITUTIONS, AND REVIEW OF EXISTING DEGREE PROGRAMS
RULE §5.44Presentations of Requests and Steps for Implementation

(a) Requests for new degree programs shall be made in accordance with the following procedures.

  (1) Institutions shall request new bachelor's and master's programs using the appropriate degree program request form.

  (2) Institutions must submit documentation sufficient to establish that the new program meets all of the criteria listed in §5.45 of this title (relating to Criteria for New Baccalaureate and Master's Degree Programs). Board staff will review all requests for new programs within five business days of receipt. If Board staff determines that the request is incomplete and additional information or documentation is needed, the institution must respond with all of the requested information or documentation within ten working days or the request will be returned to the institution. An institution may resubmit a request that was incomplete as soon as it has obtained the requested information or documentation.

  (3) New bachelor's and master's programs shall be approved if all of the following conditions are met:

    (A) The proposed program has institutional and governing board approval.

    (B) The institution certifies compliance with the Standards for New Bachelor's and Master's Programs.

    (C) The institution certifies that adequate funds are available to cover the costs of the new program.

    (D) New costs during the first five years of the program would not exceed $2 million.

    (E) The proposed program is a non-engineering program (i.e., not classified under CIP code 14).

    (F) The proposed program would be offered by a university or health-related institution.

  (4) If a proposed bachelor's or master's program meets the conditions in paragraph (3) of this subsection, the institution shall submit a request to the Assistant Commissioner of Workforce, Academic Affairs and Research to add the program. If a proposed program does not meet the conditions outlined in paragraph (3) of this subsection, the institution must submit a proposal using the full request form.

  (5) If the minimum number of semester credit hours required to complete a proposed bachelor's program exceeds 120, the institution must provide detailed documentation describing the compelling academic reason for the number of required hours, such as programmatic accreditation requirements, statutory requirements, or licensure/certification requirements that cannot be met without exceeding the 120-hour limit. The Coordinating Board will review the documentation provided and make a determination to approve or deny a request to exceed the 120-hour limit.

  (6) The institution proposing the program shall notify all public institutions within 50 miles of the teaching site of their intention to offer the program at least 30 days prior to submitting their request to the Coordinating Board. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. If objections occur, the proposing institution must resolve those objections prior to submitting the request to the Coordinating Board. If the proposing institution cannot resolve the objection(s), and the institution wishes to submit the proposed program, the proposing institution may request the assistance of the Assistant Commissioner of Workforce, Academic Affairs and Research to mediate the objections and determine whether the proposing institution may submit the proposed program. No new program shall be implemented until all objections are resolved.

  (7) The Coordinating Board reserves the right to audit a degree program at any time to ensure compliance with any of the criteria outlined in paragraph (3) of this subsection.

  (8) An institution requesting a new doctoral program shall submit a proposal using the standard doctoral program request form.

(b) Requests for new certificate programs shall be made in accordance with the following procedures.

  (1) New undergraduate and graduate certificate programs shall be approved if all of the following conditions are met:

    (A) The certificate program has institutional approval.

    (B) The institution certifies that adequate funds are available to cover the costs of the new certificate program.

    (C) The certificate program meets all other criteria in §5.48 of this title (relating to Criteria for Certificate Programs at Universities and Health-Related Institutions).

  (2) If a proposed certificate program meets the conditions in paragraph (1) of this subsection, the institution shall submit a request to the Assistant Commissioner of Workforce, Academic Affairs and Research. If a proposed certificate program does not meet the conditions outlined in paragraph (1) of this subsection, the institution must submit a proposal using the standard program request form.

  (3) The institution proposing the certificate program shall notify all public institutions within 50 miles of the teaching site of their intention to offer the certificate program at least 30 days prior to submitting their request to the Coordinating Board. If no objections occur, the Coordinating Board staff shall update the institution's program inventory accordingly. If objections occur, the proposing institution must resolve those objections prior to submitting the request to the Coordinating Board. If the proposing institution cannot resolve the objection(s), and the institution wishes to submit the proposed certificate program, the proposing institution may request the assistance of the Assistant Commissioner of Workforce, Academic Affairs and Research to mediate the objections and determine whether the proposing institution may submit the proposed certificate program. No new certificate program shall be implemented until all objections are resolved.

  (4) The Coordinating Board reserves the right to audit a certificate program at any time to ensure compliance with any of the conditions outlined in §5.45 of this title.


Source Note: The provisions of this §5.44 adopted to be effective May 28, 2003, 28 TexReg 4125; amended to be effective May 12, 2005, 30 TexReg 2662; amended to be effective August 26, 2009, 34 TexReg 5678; amended to be effective February 22, 2010, 35 TexReg 1454; amended to be effective November 29, 2010, 35 TexReg 10496; amended to be effective May 24, 2011, 36 TexReg 3183; amended to be effective August 15, 2013, 38 TexReg5068; amended to be effective November 24, 2013, 38 TexReg 8427

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