Update 28 Policy Reference Manual

Transcription

Texas Association
of Community Colleges
Policy
Reference
Manual
Update 28
Update 28 for the Community College Policy Reference Manual includes clarification of existing
materials and new legal materials arising from administrative action over the past year that affects the governance and management of Texas community colleges. The Update also includes
changes resulting from the first phase of a comprehensive stem-to-stern review of the Manual
intended to better reflect the current state of the law applying to community colleges and to enhance readability. The first phase focused on the employee compensation and benefits policies
(DE series), the instruction (E) section, and the students (F) section.
Of significance in this Update are policy revisions/additions that address:
■
Employee Salaries and Wages
■
Family and Medical Leave
■
Military Leave
■
Employee Use of College District Facilities
■
Distance Education
■
Off-Campus Instruction
■
Career and Technical Workforce Courses
■
Degree Certificates and Degree Plans
■
Students with Disabilities
■
Community Education Programs
■
Tuition and Fees
■
Financial Aid and Scholarships
■
Work Study
■
Wellness and Health Services
■
College-Sponsored Publications
■
Student Expression
■
Student Use of College District Facilities
Further, recognizing that the Community College Policy Reference Manual is intended to be a
compilation of relevant federal and state legal authority that guides local decision making but
that is not adopted by the board, the Update reflects a shift away from the “personalization” of
the Manual. Prior, language in a statute reflecting the entity to which the statute applies, such
as “junior college” or “institution of higher education,” was changed to read “College District” or
“Board,” as appropriate, during the updating process. Instead, the policies, beginning with those
included in this Update, now reflect the statutory wording for greater accuracy and clarity in application.
Please remember that the Community College Policy Reference Manual can be accessed by
consortium members on the Texas Association of Community Colleges (TACC) Web site.
Please note:
■
This Update 28 packet contains:
INSTRUCTIONS . . . providing specific directions on which policies have been revised,
added, or deleted at this Update;
EXPLANATORY NOTES . . . summarizing and pointing out changes occurring within each
policy code; and
UPDATED POLICIES . . . reflecting new or replacement materials included in this Update.
■
By the end of March, Policy Service will issue localized updates to college districts that
have adopted TASB Localized Policy Manuals. The localized update will address the issues raised within the reference manual update and will include college district-specific
and adoptable (LOCAL) policy recommendations and language to ensure harmony with
evolving law and practice.
■
This Update 28 packet may not be considered as legal advice and is not intended as a
substitute for the advice of the board's own legal counsel.
■
Questions about the content of this Update may be addressed to Amy Magee, TASB Senior Attorney for Community Colleges, at 800-580-5345, or Amy Kadlecek or Kristin
McGuire, TASB Policy Consultants and Community College Liaisons, at 800-580-7529.
Instruction Sheet
TACC Policy Reference Manual Update 28
District
Community College Policy Reference Manual
Code
Action To Be Taken
Note
A25
(INDEX)
Replace cross-index
Revised cross-index
A
(LEGAL)
Replace table of contents
Revised table of contents
ACA
(LEGAL)
ADD policy
See explanatory note
CT
(LEGAL)
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Revised policy
D
(LEGAL)
DE
(LEGAL)
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Revised policy
DEA
(LEGAL)
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Revised policy
DEB
(LEGAL)
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Revised policy
DEC
(LEGAL)
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Revised policy
DECA (LEGAL)
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Revised policy
DECB (LEGAL)
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Revised policy
DEE
(LEGAL)
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Revised policy
DHB
(LEGAL)
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E
(LEGAL)
EA
(LEGAL)
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EBA
(LEGAL)
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EBB
(LEGAL)
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EBC
(LEGAL)
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EBD
(LEGAL)
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EC
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ECC
(LEGAL)
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ECF
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EDA
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EDAA (LEGAL)
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EFA
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EFAA
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EFAB
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EFAC
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EFB
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EFBA (LEGAL)
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EFCA (LEGAL)
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EFCB (LEGAL)
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Instruction Sheet
EFCC (LEGAL)
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EFCD (LEGAL)
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EFCE (LEGAL)
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EFCF
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EG
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EGA
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EGC
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EGD
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EI
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EJA
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EJB
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EJD
(LEGAL)
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F
(LEGAL)
FA
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FAA
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FB
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FBA
(LEGAL)
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FBB
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FBC
(LEGAL)
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FBD
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FC
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FD
(LEGAL)
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FD
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FDA
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FDAB (LEGAL)
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FDAD (LEGAL)
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FDE
(LEGAL)
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FE
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FEA
(LEGAL)
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FEB
(LEGAL)
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FFAA
(LEGAL)
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FFAC
(LEGAL)
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FFCA (LEGAL)
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FFD
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(LEGAL)
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Instruction Sheet
FG
(LEGAL)
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FH
(LEGAL)
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FI
(LEGAL)
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FJ
(LEGAL)
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FJ
(EXHIBIT)
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FK
(LEGAL)
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FKA
(LEGAL)
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FKC
(LEGAL)
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FKF
(LEGAL)
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FL
(LEGAL)
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FLA
(LEGAL)
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FLAA
(LEGAL)
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FLB
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FLBA
(LEGAL)
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FLBC
(LEGAL)
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FLBE
(LEGAL)
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FLBE
(EXHIBIT)
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FLBF
(LEGAL)
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FLBG
(LEGAL)
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FLBH
(LEGAL)
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FLC
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FLD
(LEGAL)
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FLE
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FM
(LEGAL)
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FN
(LEGAL)
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G
(LEGAL)
GAB
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GC
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GF
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GFA
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GGD
(LEGAL)
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GH
(LEGAL)
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GI
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Explanatory Notes
District:
A25
Community College Policy Reference Manual
(INDEX)
CROSS-INDEX
The cross-index—shared by the TASB Policy Reference Manual and all community college districts using
TASB for maintenance of their localized policy manual—has been updated to reflect new terminology and
topic relationships established by the reorganization and policy title changes made with this update.
The cross-index is a key element used in searching Policy On Line. Please bear in mind that the crossindex is “generic” and presents a structure that serves all manuals; not every manual will address all of
the topics shown or include all of the policies indicated.
A
(LEGAL)
BASIC DISTRICT FOUNDATIONS
The table of contents for this section has been revised to incorporate a new policy code at ACA, which
refers to branch campuses.
ACA
(LEGAL)
GEOGRAPHIC BOUNDARIES AND SERVICE AREAS
BRANCH CAMPUSES
Provisions addressing branch campuses have been recoded from EBA to this new policy, as this concept
relates to the geographic area where a college district establishes and maintains facilities for the provision
of educational services. Minor edits have been made for consistency with policy style and to update citations.
CT
(LEGAL)
INTELLECTUAL PROPERTY
The text addressing fair use GUIDELINES on page 5 related to permissible copying of copyrighted material has been revised for clarification.
HB 3141 from the 82nd Legislative Session and conforming amendments to the Administrative Code, effective September 1, 2012, modified state trademark law. Revisions have therefore been made to the
section TRADEMARKED MATERIAL UNDER STATE LAW, on page 11, to incorporate changes from this
bill, known as the Texas Trademark Act. Additional information about this Act may be found at
http://www.sos.state.tx.us/corp/trademark-act.shtml.
Throughout the policy, citations have been updated as necessary and minor edits have been made for
consistency with policy style.
D
(LEGAL)
PERSONNEL
The D section table of contents has been updated to reflect a title change made to code DEA and the addition of a new policy at DGD.
DE
(LEGAL)
COMPENSATION AND BENEFITS
Minor revisions have been made to this policy in an effort to more closely align the text with statute.
-1-
Explanatory Notes
DEA
(LEGAL)
SALARIES AND WAGES
This policy has been renamed and reorganized to address statutory provisions regarding salaries and
wages of college district employees. The first part of the policy now addresses provisions associated with
the FAIR LABOR STANDARDS ACT (FLSA) and adds definitions of certain categories of positions that
would meet the criteria of exempt status under the FLSA, including administrative employees, professional employees, and certain types of computer employees. Text addressing employees paid on a SALARY
BASIS has been revised to more closely track statute, and a related provision at HIGHLY COMPENSATED EMPLOYEES has been added.
The remaining provisions in this policy address general statutory references to pay, as well as pay increases and the required notice regarding the earned income tax credit. A reference to the Texas PAYDAY LAW EXEMPTION has been added.
DEB
(LEGAL)
FRINGE BENEFITS
Provisions in this policy addressing fringe benefits for peace officers employed by a college district have
been updated to more closely track applicable statute.
DEC
(LEGAL)
LEAVES AND ABSENCES
This policy on leaves and absences has been updated for consistency with policy style and to update citations. In addition, we have added an existing definition of contract in regards to ADMINISTRATOR DEVELOPMENT LEAVE.
DECA
(LEGAL)
LEAVES AND ABSENCES
FAMILY AND MEDICAL LEAVE
In addition to revisions made for consistency with policy style and to update citations, the following
changes have been made to this policy addressing the Family and Medical Leave Act (FMLA):
In Section I, DEFINITIONS of family members as they apply to the FMLA have been clarified.
In Section II:
Provisions associated with leave entitlement for MILITARY CAREGIVER LEAVE have been revised for clarity;
The margin note and related text addressing HOLIDAYS, SUMMER VACATION, AND OTHER
BREAKS, in conjunction with the FMLA, have been revised;
Existing statutory references affecting SUBSTITUTION OF PAID LEAVE have been added;
An existing statutory provision associated with FMLA AND DISABILITY LEAVE PLANS has been
added;
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Explanatory Notes
Clarifications reflecting the effect that health care changes have on an employee’s entitlement to
MAINTENANCE OF HEALTH BENEFITS have been made;
The text related to an employee’s FAILURE TO PAY PREMIUMS has been revised for clarity;
Language reflecting an employee’s entitlement to MAINTENANCE OF OTHER BENEFITS has
been added; and
A definition of KEY EMPLOYEES has been added as well as information associated with the notice required when a college district plans to deny job restoration to a key employee.
Throughout Section III, which addresses required notices and medical certification, revisions have been
made to include more detail from the current FMLA federal regulations.
DECB
(LEGAL)
LEAVES AND ABSENCES
MILITARY LEAVE
We have added the definition for the term “service in the uniformed services” as it relates to FEDERAL
MILITARY LEAVE, REEMPLOYMENT. In accordance with 38 U.S.C. Chapter 43, the text at EXCEPTIONS has been revised to include provisions addressing the disqualification of a person’s entitlement to
reemployment benefits and the required employer NOTICE of reemployment rights.
Additional edits have been made to this policy to more closely align the text with statute and for consistency with policy style.
DEE
(LEGAL)
EXPENSE REIMBURSEMENT
Citations in this policy addressing expense reimbursement have been updated.
DHB
(LEGAL)
EMPLOYEE STANDARDS OF CONDUCT
SEARCHES AND ALCOHOL/DRUG TESTING
In addition to minor edits for policy style, we have revised the text at TESTS REQUIRED to address
changes in the Code of Federal Regulations, effective February 29, 2012, to clarify that a driver of a
commercial motor vehicle may not refuse to submit to a pre-employment controlled substances test.
E
(LEGAL)
INSTRUCTION
Resulting from an extensive review and reorganization of this section on instruction-related issues, the
enclosed table of contents has been revised to reflect changes in policy code titles and placement.
EA
(LEGAL)
SCHOOL YEAR AND CALENDAR
This policy, related to the common calendar applicable to all college districts, has been revised to reflect
current statutory citations and to add margin notes for ease of reference.
-3-
Explanatory Notes
EBA
(LEGAL)
ALTERNATE METHODS OF INSTRUCTION
DISTANCE EDUCATION
Previous provisions at this code regarding branch campuses have been moved to ACA where this topic is
more appropriately addressed. Provisions previously found at EBB have now been relocated to this code
and retitled Distance Education.
In addition to revisions made for clarification, the following edits have also been made to this policy:
Addition of a definition of “workforce continuing education course”;
Deletion of provisions associated with the distance learning master plan, as the responsibility for the
plan originates with the Coordinating Board, not an individual college district; and
Revisions made throughout the policy to reflect current statutory structure and citations.
At OUT-OF-STATE, on page 2, provisions have been added to reflect federal rule changes associated
with program integrity for distance education programs. The regulations require each college to obtain
authorization from any state in which the college operates, including through distance education. Although
colleges were originally required to be in compliance with these rules by July 1, 2011, the U.S. Department of Education (DOE) issued a memorandum in April 2011 clarifying the compliance obligations. This
memorandum explains that the DOE will not initiate any action to establish repayment liabilities or limit
student eligibility for distance education activities undertaken before July 1, 2014, if the college is making
good faith efforts to identify and obtain necessary state authorizations before that date. Failure to comply
with these regulations could affect a college district’s eligibility to participate in federal programs, including
financial aid.
Finally, for ease of reference, a link to the Coordinating Board’s Distance Education Policies, Procedures,
and Forms Web Site was added to the policy on page 6. This link will also take you to the April, 2011
memorandum referenced above.
EBB
(LEGAL)
OFF CAMPUS INSTRUCTION
We have relocated provisions previously coded at EBD to this code, now titled Off-Campus Instruction.
Along with edits made for clarification, we have added several definitions on pages 1 and 2, including definitions for “out-of-state/out-of-country courses and programs”, “study-in-America courses”, “study-abroad
courses”, and “workforce continuing education courses”.
At STANDARDS AND CRITERIA, we have added provisions from the Texas Administrative Code on OFFCAMPUS COURSES offered by a college district. Provisions related to dual credit agreements have
been recoded to GH(LEGAL).
The text addressing REGIONAL COUNCILS has been reorganized with language added to reflect their
role in resolving disputes over a public institution of higher education’s plan for lower-division courses and
programs.
EBC
(LEGAL)
BRANCH CAMPUSES AND DISTANCE LEARNING
CHARTER SCHOOLS
Provisions addressing community college charter schools have been moved to EFCC. EBC is no longer
an active code.
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Explanatory Notes
EBD
(LEGAL)
BRANCH CAMPUSES AND DISTANCE LEARNING
OFF-CAMPUS AND SELF-SUPPORTING COURSES AND
PROGRAMS
Provisions associated with off-campus instruction have been recoded to EBB. EBD is no longer an active
code.
EC
(LEGAL)
INSTRUCTIONAL ARRANGEMENTS
Text addressing state-funded courses has been moved to EFA, resulting in the deletion of this policy.
ECC
(LEGAL)
COURSE LOAD AND SCHEDULES
This policy has been updated to clarify Education Code provisions and Texas Administrative Code rules
related to a student adding or dropping courses.
ECF
(LEGAL)
INSTRUCTIONAL CONTRACTS WITH OUTSIDE AGENCIES
Because this policy is associated with establishing contracts with outside agencies, the material has been
moved to policies within Section G of the policy manual, Community and Governmental Relations. ECF is
no longer an active code.
EDA
(LEGAL)
INSTRUCTIONAL RESOURCES
INSTRUCTIONAL MATERIALS
At AVAILABILITY OF INFORMATION FOR COLLEGE BOOKSTORES, we have clarified that all information required by 20 U.S.C. 1015b(d)(1) must be made available by the college to a bookstore affiliated
with the institution. In addition, citations have been updated throughout this policy, as well as revisions
made to more closely track the statutes.
EDAA
(LEGAL)
LIBRARIES AND LABORATORIES
We have revised this policy to more closely reflect statutory language and to update citations.
-5-
Explanatory Notes
EFA
(LEGAL)
CURRICULUM DESIGN
INSTRUCTIONAL PROGRAMS AND COURSES
The majority of changes to this policy are to more closely reflect language as found in statute and state
rules and to update citations. The definitions of INSTRUCTOR(S) OF RECORD and UNDERGRADUATE
CLASSROOM COURSE have also been added to coincide with the revised text.
Institutions of higher education, including college districts, are required to identify, adopt, and make available for public inspection statements of measurable LEARNING OUTCOMES for each undergraduate
course. Rules adopted by the Coordinating Board, effective August 27, 2012, specify that these statements must be kept on file for at least two years after a course is taught; an institution is in compliance
with this requirement if these statements are included in the course syllabus and posted on the institution’s Web site. The related definition of MEASURABLE LEARNING OUTCOMES has also been added
on page 5.
Finally, as mentioned above at EC(LEGAL), information regarding STATE-FUNDED COURSES has been
moved to this policy.
EFAA
(LEGAL)
ACADEMIC COURSES
At COMPONENT AREAS EFFECTIVE FALL 2014, we have added Administrative Code provisions effective May 29, 2012, clarifying that an institution of higher education may provide a certified interdisciplinary
course or courses that a student may use to complete up to three semester credit hours of the COMPONENT AREA OPTION.
In addition, revisions have been made to track statute and to update citations.
EFAB
(LEGAL)
CAREER TECHNICAL/WORKFORCE COURSES
This policy now focuses on career technical/workforce continuing education courses. Moved from EFCB
and revised for clarity and to better match statute and state rules are provisions associated with these
types of courses. Text addressing state funding for these courses has also been clarified.
Information about career technical/workforce degree and certificate programs has been moved to EFB.
Additionally, information about military and naval training has been moved with a cross reference added
to GGD, as this reflects a contractual agreement with an outside entity.
EFAC
(LEGAL)
DEVELOPMENTAL EDUCATION
We have added statutory language and updated citations to reflect related Administrative Code rules effective August 27, 2012, which explain when a college district may refer a student to developmental
coursework. We have also added a cross reference to EI in order to clarify the requirements associated
with students needing developmental coursework.
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Explanatory Notes
EFB
(LEGAL)
CURRICULUM DESIGN
DEGREES AND CERTIFICATES
In addition to revisions made to better track statute and to update citations, the following additions have
been made to this policy now titled Degrees and Certificates:
Definitions from the Administrative Code about various courses, degrees, and programs have been
added;
Margin notes to clarify the different types of degree programs colleges may offer and their related requirements; and
Details from the Administrative Code associated with NEW ACADEMIC ASSOCIATE DEGREE PROGRAMS.
As mentioned above at EFAB, information about CAREER TECHNICAL/WORKFORCE DEGREE AND
CERTIFICATE PROGRAMS has been relocated to this policy. Provisions addressing TEMPORARY EXEMPTIONS for low-producing degree programs and how the Coordinating Board responds to an institution’s request for such an exemption, the associated appeal process, and reinstatement of these programs are now included.
Information about degree plans has been moved to EFBA.
EFBA
(LEGAL)
DEGREE PLANS
We have added the definition of DEGREE PLAN to the other provisions addressing this topic that were
moved from EFB to this new code.
EFCA
(LEGAL)
SPECIAL PROGRAMS
STUDENTS WITH DISABILITIES
Revisions to this policy are to clarify applicable federal regulations and to explain an institution’s responsibility to provide accommodations and equal participation opportunities for students with disabilities in
RELATED PROGRAMS. Information has also been added regarding accommodations postsecondary
education programs must make for students with disabilities.
Text addressing admissions, housing, and financial and employment assistance for students with disabilities has been moved to FB (Admissions), FEA (Financial Aid and Scholarships), and FG (Student Housing).
Existing Education Code provisions related to STUDENTS WITH DYSLEXIA have also been added.
EFCB
(LEGAL)
SPECIAL PROGRAMS
ADULT BASIC AND SECONDARY EDUCATION
As mentioned above, information about career technical/workforce continuing education courses, previously addressed in this policy, has been moved to EFAB, and this policy now focuses on adult basic and
secondary education. A reference to new provisions in the Administrative Code was added detailing a
competitive procurement process for service providers, an altered funding structure that begins with the
2013-14 school year.
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Explanatory Notes
In addition, revisions have been made to better track statute and to add the definition of adult education.
EFCC
(LEGAL)
SPECIAL PROGRAMS
ELEMENTARY AND SECONDARY STUDENTS
We have relocated provisions previously found at EBC focusing on JUNIOR COLLEGE CHARTER
SCHOOL programs that are operated under Education Code Chapter 12, Subchapter E and have added
information regarding another charter option for college districts, open enrollment charter schools, operated under Education Code Chapter 12, Subchapter D. Also included for ease of reference is a cross
reference to GH for information regarding instructional partnerships with public school districts.
EFCD
(LEGAL)
SPECIAL PROGRAMS
GED TESTING CENTERS
Existing Administrative Code provisions have been incorporated into this new policy regarding GED testing centers. Details include the requirement to receive authorization from TEA to operate a testing center,
required policy provisions of an entity approved to operate a center, and related information addressing
testing materials and the administration of the test.
EFCE
(LEGAL)
SPECIAL PROGRAMS
COMMUNITY EDUCATION PROGRAMS
This code has been added to address community interest courses. As opposed to traditional courses or
qualified continuing education courses, these types of courses are not eligible for state appropriations.
EFCF
(LEGAL)
SPECIAL PROGRAMS
DRIVER EDUCATION
This policy has been added to reflect the option for a college district to offer driver education courses if
approved by the State Board of Education.
EG
(LEGAL)
ACADEMIC ACHIEVEMENT
We have added this policy to reflect Administrative Code requirements regarding what must be included
on and the format of student transcripts.
-8-
Explanatory Notes
EGA
(LEGAL)
GRADING AND CREDIT
Details regarding the requirements related to awarding COURSE CREDIT FOR ENTERING FRESHMEN
STUDENTS who have successfully completed one or more courses through an approved program have
been added. The TRANSFER OF CREDIT provisions have been revised, most notably regarding the
TRANSFER OF LOWER-DIVISION COURSE CREDIT and TRANSFER DISPUTE RESOLUTION procedures. A NONDISCRIMINATION paragraph has been added since institutions of higher education are
required to treat transfer students in the same manner as native students. Provisions addressing graduation requirements have been moved to EGC.
EGC
(LEGAL)
GRADUATION
This policy has been retitled Graduation and includes provisions moved from EGD regarding when a lower-division institution, including a college district, may award an associate degree to a former student who
is now enrolled in a general academic teaching institution. We have also included text addressing
GRADUATION REQUIREMENTS FOR TRANSFER STUDENTS, which has been moved from EGA.
EGD
(LEGAL)
GRADUATION
Provisions addressing graduation are now coded at EGC. EGD is no longer an active code.
EI
(LEGAL)
TESTING PROGRAMS
Extensive revisions have been made to this policy addressing testing programs. These include:
Additional information regarding the TEXAS SUCCESS INITIATIVE;
New and amended DEFINITIONS for relevant terms that were part of revisions to the Administrative
Code effective November 28, 2012;
From amendments to the Administrative Code effective November 28, 2012, requirements for PREASSESSMENT activities that institutions of higher education must provide to certain students;
The actual ASSESSMENT INSTRUMENTS approved by the Coordinating Board;
The MINIMUM STANDARDS required for each of the approved assessment instruments, effective
August 27, 2012;
Administrative Code requirements for FAILURE TO MEET MINIMUM STANDARDS;
Requirements surrounding standards related to postsecondary readiness, including items a student’s
academic success plan must address and changes to the method of determining a student’s readiness from amendments to the Administrative Code effective November 28, 2012;
-9-
Explanatory Notes
As added to the Administrative Code effective November 28, 2012, new REPORTING requirements
regarding fiscal and/or instructional impacts of certain student outcomes; and
An EXCEPTION FOR CERTAIN STUDENTS from the requirement to enroll in developmental
coursework and/or interventions, based on Administrative Code changes effective November 28,
2012, as well as clarification about when a student is considered exempt from certain testing requirements.
EJA
(LEGAL)
MISCELLANEOUS INSTRUCTIONAL POLICIES
OTHER INSTRUCTIONAL INITIATIVES
The requirement to hold an educational program on the U.S. Constitution each September is now addressed in this policy, which has been retitled OTHER INSTRUCTIONAL INITIATIVES.
EJB
(LEGAL)
RELIGION IN INSTRUCTION
To reiterate the principle that a governmental entity must remain neutral on religious matters, we have
added this policy on Religion in Instruction with citations to the U.S. Constitution and related court cases.
EJD
(LEGAL)
NEUTRALITY IN RELIGIOUS MATTERS
Information regarding religious instruction is now addressed at EJB. EJD is no longer an active code.
F
(LEGAL)
STUDENTS
Resulting from an extensive review and reorganization of this section on student-related issues, the enclosed table of contents has been revised to reflect changes in policy code titles and placement.
FA
(LEGAL)
EQUAL EDUCATIONAL OPPORTUNITY
This policy has been revised to add more detail on the equal educational opportunities afforded to students under federal and state law. Included are provisions associated with religious freedom and discrimination based on sex, including sexual harassment; race; color; or national origin. A note has been added
clarifying that the related policy, FFD, provides information on complaints regarding allegations of discrimination, harassment, and retaliation based on protected characteristics. See the note for FFD below.
- 10 -
Explanatory Notes
FAA
(LEGAL)
SERVICE ANIMALS
We have revised this policy to more closely track language used in the Code of Federal Regulations and
to update citations.
FB
(LEGAL)
ADMISSIONS
This policy code has been renamed to focus solely on admissions information. The majority of the text
has been moved from FBA to this policy, with revisions made to more closely align with statutory language and to update citations. A related provision associated with admissions of PERSONS WITH DISABILITIES has been recoded here from EFCA.
FBA
(LEGAL)
ADMISSIONS
TRANSFERS
Information related to admissions previously housed at this code is now addressed in FB. This code has
been renamed Transfers; no corresponding legal provisions are addressed in this code at this time.
FBB
(LEGAL)
ADMISSIONS
TUITION
Provisions addressing tuition have been moved to FD. FBB is no longer an active code.
FBC
(LEGAL)
ADMISSIONS
RESIDENCY
Provisions addressing residency have been moved to FDA. FBC is no longer an active code.
FBD
(LEGAL)
ADMISSIONS
ATTENDANCE
Provisions associated with attendance have been moved to FC. FBD is no longer an active code.
FC
(LEGAL)
ATTENDANCE
As mentioned above in the note at FBD, provisions associated with attendance are now addressed at this
code. In addition to updating citations and adding margin notes for clarity, provisions addressing RELIGIOUS HOLY DAYS and absences for MILITARY SERVICE have been expanded.
- 11 -
Explanatory Notes
FD
(LEGAL)
TUITION AND FEES
Provisions regarding tuition and fees, including waivers, exemptions, and rates, formerly housed at FBB,
have been moved to this code. Revisions have been made to this information for clarification and to remove the detail about tuition and fee waivers, including cites to the waivers instead. As mentioned above,
FD(EXHIBIT) includes a list, with citations, of exemptions and waiver.
Additionally, text previously found at FN regarding student fees has been relocated to this policy, as this
policy focuses on fees as well. Clarifying language to explain the board’s power to determine what is
considered a student service or an incidental fee has also been added.
FD
(EXHIBIT)
TUITION AND FEES
This exhibit has been added to provide a convenient reference to several required or optional tuition and
fee exemptions and waivers.
FDA
(LEGAL)
TUITION AND FEES
RESIDENCY
This policy code now focuses on residency as it applies to tuition and fees; much of this information was
previously at FBC. In addition to updating citations and making revisions to more closely align the text
with statute, a new section from the Administrative Code, effective February 28, 2012, has been added to
address the obligation that institutions of higher education have toward students who are NON-CITIZENS
but who have been classified as residents for higher education purposes. As noted at EVIDENCE OF
RESIDENT STATUS, a non-U.S. citizen or person who is not a permanent resident who completes the
Core Residency Questions and is classified as a resident under the applicable section of the Education
Code must provide a signed affidavit stating that he or she will become a permanent resident of the United States as soon as the student is eligible to apply.
At CONTINUING RESIDENT STATUS, on page 6, details have been added to clarify that, once residency
has been established, a student is not required to complete a new set of Core Residency Questions in
order to continue to pay resident tuition absent a break in enrollment. If a person is initially classified as a
nonresident, the person may request reclassification by submitting any ADDITIONAL OR CHANGED INFORMATION that may affect his or her residency classification.
Provisions previously at this code addressing health requirements and services have been moved to
FFAC.
FDAB
(LEGAL)
HEALTH REQUIREMENTS AND SERVICES
IMMUNIZATIONS
Information associated with required immunizations has moved to FFAA. FDAB is no longer an active
code.
- 12 -
Explanatory Notes
FDAD
(LEGAL)
HEALTH REQUIREMENTS AND SERVICES
COMMUNICABLE DISEASES
Information related to communicable diseases has been moved to FFAC. FDAD is no longer an active
code.
FDE
(LEGAL)
STUDENT WELFARE
FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION
Information related to discrimination, harassment, and retaliation, as these topics pertain to students, has
been moved to FFD. FDE is no longer an active code.
FE
(LEGAL)
FINANCING EDUCATION
Although retitled to provide the broader perspective of financing education, the information previously
found in this policy addressing financial aid and scholarships has been moved to FEA. At this time, no
corresponding legally referenced material will remain at this code, which now begins the FE series.
FEA
(LEGAL)
FINANCING EDUCATION
FINANCIAL AID AND SCHOLARSHIPS
This policy has been added to incorporate language previously found at FE regarding financial aid and
eligibility for scholarships. Existing statutory provisions have also been added to address the NET PRICE
CALCULATOR required of institutions that receive certain federal funds. The calculator must be publicly
available to prospective students and other consumers to estimate a student’s individual net price if the
student attends the particular institution.
Information associated with the required DISCLOSURES REGARDING LENDERS has also been added.
Moved from EFCA is material associated with providing financial assistance to STUDENTS WITH DISABILITIES. Provisions prohibiting discrimination on the basis of sex when providing financial assistance
have been added.
Finally, a note has been added for guidance related to financial aid programs and assistance.
FEB
(LEGAL)
FINANCING EDUCATION
WORK STUDY
Information related to work-study programs, previously located at FH, has been moved to this new policy
under the main heading of this series, Financing Education. Text addressing DISCRIMINATION ON THE
BASIS OF SEX related to employment has been added.
- 13 -
Explanatory Notes
FFAA
(LEGAL)
WELLNESS AND HEALTH SERVICES
IMMUNIZATIONS
This new policy contains material previously located at FDAB associated with required immunizations. In
addition to revisions made to update citations and to more closely track statute and state rules, we have
expanded the description of “new student,” as it relates to the requirement to get the BACTERIAL MENINGITIS vaccination, in accordance with recent Administrative Code changes, effective May 29, 2012. On
page 5, we have deleted the reference to the conscientious exemption form at EXCEPTION FOR MEDICAL REASONS OR REASONS OF CONSCIENCE, as the rules have been amended to allow a student
to use a form developed by the Coordinating Board, which is available on the Coordinating Board’s Web
site.
FFAC
(LEGAL)
Provisions previously found at FDA regarding AIDS/HIV and bacterial meningitis have been moved to this
code addressing communicable diseases. Also included in this policy is information associated with the
required REPORTS that must be made to the Texas Department of State Health Services when a person
is found to have or is suspected of having a required reportable disease. A link is now provided to reference the list of reportable diseases.
FFCA
(LEGAL)
SUTDENT SUPPORT SERVICES
STUDENT ASSISTANCE PROGRAMS/COUNSELING
We have added this policy code to encompass student assistance programs and counseling. The provisions address the requirement to provide these services without regard to a person’s disability or sex.
FFD
(LEGAL)
STUDENT WELFARE
As mentioned above, this policy content was moved from FA and focuses on complaints regarding allegations of discrimination, harassment, and retaliation and the institution’s obligations to respond to those
complaints.
FG
(LEGAL)
STUDENT HOUSING
In addition to adjusting existing language to more closely align with statute, material has been added to
address the requirement that if the college provides housing services to students, it must provide these
services without regard to a person’s disability or sex.
- 14 -
Explanatory Notes
FH
(LEGAL)
STUDENT AWARDS
Information related to student work-study programs has been moved to FEB. FH is no longer an active
code.
FI
(LEGAL)
SOLICITATIONS
This policy has been expanded to more clearly explain when student organizations are eligible to conduct
charitable raffles, in accordance with provisions of the Occupations Code.
FJ
(LEGAL)
STUDENT RECORDS
This policy has been revised to more closely align with statute, and the text has been reorganized for clarity.
In addition, the following provisions have been added:
At EXCEPTIONS, information to address rights to student records when a student applies for admission at another COMPONENT OF AN INSTITUTION;
Also at EXCEPTIONS, information regarding when the college may withhold inspection and review of
student records as they relate to FINANCIAL RECORDS AND CONFIDENTIAL LETTERS OF RECOMMENDATION;
Text reiterating that the college must provide an ALTERNATE ACCESS METHOD when circumstances prevent the typical process for a parent or eligible student to inspect and review education records;
More detail regarding the college’s obligation to maintain a RECORD OF ACCESS TO STUDENT
RECORDS; and
At Section III, Directory Information, clarification that allows the college to limit directory information to
specific parties, specific purposes, or both; and text addressing that a student may not opt out of disclosing certain directory information so that the student does not have to wear a STUDENT ID CARD OR
BADGE.
FJ
(EXHIBIT)
STUDENT RECORDS
This exhibit has been revised to include the definitions of crimes of violence as defined in the Code of
Federal Regulations, as referenced in FJ(LEGAL). The required notice of student rights under the Family
and Educational Rights and Privacy Act can be obtained from the U.S. Department of Education’s Web
site.
FK
(LEGAL)
STUDENT ACTIVITIES
In an effort to consolidate information regarding student activities that relate to physical education, athletics; or interscholastic, intercollegiate, club, and intramural athletics, this policy now focuses on the college’s responsibility to ensure that it does not discriminate on the basis of disability or sex.
- 15 -
Explanatory Notes
FKA
(LEGAL)
STUDENT ACTIVITIES
COLLEGE-SPONSORED PUBLICATIONS
In addition to updating the title of this policy, we have revised the policy to highlight a court case dealing
with the rights of institutions of higher education to control student publications.
FKC
(LEGAL)
STUDENT ACTIVITIES
REGISTERED STUDENT ORGANIZATIONS
In addition to updating citations and adjusting text to more closely align with statute, we have added clarifying language addressing the requirement that a postsecondary educational institution provide RISK
MANAGEMENT PROGRAMS FOR STUDENT ORGANIZATIONS at least once during each academic
year. A definition of advisor to a student organization, as this relates to the risk management program’s
attendance requirement, has also been added.
FKF
(LEGAL)
STUDENT ACTIVITIES
CONTESTS AND COMPETITION
As noted above at FK, information regarding student activities that would encompass physical activity has
been moved to that policy. FKF is no longer an active code.
FL
(LEGAL)
STUDENT RIGHTS AND RESPONSIBILITIES
This policy has been revised for consistency with policy style and to update statutory references.
FLA
(LEGAL)
STUDENT EXPRESSION
This policy has been renamed and some of the text moved from FLAA. Details regarding the First
Amendment rights of students, along with the forum analysis an entity should use when determining
whether there are limitations to those rights in the context of the higher education setting, have been added.
Information previously at FLA regarding student involvement with the selection and performance monitoring of food service providers has been moved to FLE.
- 16 -
Explanatory Notes
FLAA
(LEGAL)
STUDENT EXPRESSION
STUDENT USE OF COLLEGE DISTRICT FACILITIES
Provisions on student expression have been moved to FLA. The title and subtitle of this policy has been
revised to relate to student use of college district facilities; no corresponding legal reference material is
included for this policy at this time.
FLB
(LEGAL)
STUDENT CONDUCT
This new policy addressing student conduct contains the definition of DISRUPTIVE ACTIVITIES from the
Education Code. A cross reference to GFA is included for further information regarding conduct on college district premises.
FLBA
(LEGAL)
STUDENT CONDUCT
STUDENT DRESS
Along with a change in the policy title, slight revisions have been made to this policy for consistency with
policy style.
FLBC
(LEGAL)
STUDENT CONDUCT
PROHIBITED ORGANIZATIONS AND HAZING
The policy text has been revised to more closely align with statutory provisions in the Education Code
related to hazing offenses, including the addition of language describing the offense of hazing committed
by an organization.
FLBE
(LEGAL)
STUDENT CONDUCT
ALCOHOL AND DRUG USE
This policy has been updated to include existing federal requirements related to ALCOHOL AND DRUG
ABUSE PROGRAMS and guidelines addressing BINGE DRINKING.
FLBE
(EXHIBIT)
STUDENT CONDUCT
The enclosed exhibit reflects the required notice regarding steroids, as mandated by Education Code
51.921.
- 17 -
Explanatory Notes
FLBF
(LEGAL)
STUDENT CONDUCT
WEAPONS
Slight revisions have been made to this policy for consistency with policy style and to more closely track
statute.
FLBG
(LEGAL)
STUDENT CONDUCT
ASSAULTS
Provisions previously addressed at this policy included Penal Code definitions of assault. Since the college district would require students, staff, and visitors to obey all applicable laws, including a prohibition
against assault, this policy is unnecessary and has therefore been deleted. FLBG is no longer an active
code.
FLBH
(LEGAL)
STUDENT CONDUCT
DISRUPTIONS
This policy has been deleted because provisions addressing student conduct that would include disruptions are addressed at FLB. FLBH is no longer an active code.
FLC
(LEGAL)
INTERROGATIONS AND SEARCHES
Revisions have been made to this policy to clarify the parameters involving SEARCHES CONDUCTED
BY COLLEGE DISTRICT OFFICIALS as well as SEARCHES CONDUCTED BY LAW ENFORCEMENT.
FLD
(LEGAL)
STUDENT COMPLAINTS
This policy has been updated to remove provisions associated with grievance procedures related to allegations of discrimination, harassment, or retaliation based on federally protected characteristics, as this
information is covered at FFD. Additional revisions have been made for consistency with policy style.
FLE
(LEGAL)
INVOLVEMENT IN DECISION MAKING
The existing statutory definition of food service provider has been added to this policy, the text of which
was previously housed at FLA, as it relates to student involvement in the selection and performance of
such a provider.
- 18 -
Explanatory Notes
FM
(LEGAL)
DISCIPLINE AND PENALTIES
Revisions have been made to this policy for consistency with policy style and to update citations. Additionally, text has been added at DISCIPLINARY PROCEDURE to clarify a student’s due process rights.
FN
(LEGAL)
STUDENT FEES, FINES, AND CHARGES
Information related to student fees is now addressed at FD; therefore, this policy has been deleted. FN is
no longer an active code.
G
(LEGAL)
COMMUNITY AND GOVERNMENTAL RELATIONS
The G section table of contents has been updated to reflect title changes made to codes GC and GF.
GAB
(LEGAL)
PUBLIC INFORMATION PROGRAM
REQUESTS FOR INFORMATION
At ELECTRONIC SUBMISSION on page 12, we have added new Administrative Code provisions effective March 18, 2012, permitting governmental bodies to submit a request for a decision of the attorney
general through the Attorney General’s Designated Electronic Filing System.
We have deleted the provisions addressing charging a fee for copies provided to parents and a parent’s
request for information as these are not applicable to college districts. Other edits have been made for
consistency with policy style.
GC
(LEGAL)
RELATIONS WITH BUSINESS AND COMMUNITY ORGANIZATIONS
Text formerly at ECF addressing agreements and relationships with businesses and community organizations has been incorporated into this policy with edits made for clarification and consistency with policy
style.
GF
(LEGAL)
COMMUNITY USE OF COLLEGE DISTRICT FACILITIES
The title of this policy has been updated to concentrate solely on community use of college district facilities. Student use of college district facilities is now addressed at FLAA. Minor revisions have been made
to the policy text for consistency with policy style and to more closely track statutory wording.
- 19 -
Explanatory Notes
GFA
(LEGAL)
CONDUCT ON COLLEGE DISTRICT PREMISES
The title of this policy has been updated to coordinate with the title changes made at GF and in the F section to provide a distinction between student use and community use of college district facilities.
Minor edits have been made to the policy to more closely track statutory text and for consistency with policy style.
GGD
(LEGAL)
RELATIONS WITH GOVERNMENTAL AGENCIES AND AUTHORITIES
FEDERAL GOVERNMENTAL AUTHORITIES
This policy has been added to include a provision relocated from EFAB regarding a college district
board’s option to request from the U.S. Department of Defense the establishment of MILITARY AND NAVAL TRAINING courses so that male students in these courses may earn credit toward degree requirements.
GH
(LEGAL)
RELATIONS WITH SCHOOLS AND DISTRICTS
In addition to edits made to more closely align the text with statute and the Administrative Code, as well
as for consistency with policy style, the provision entitled OFFERINGS OUTSIDE OF SERVICE AREA
has been relocated from EBD to this code. Also, at EARLY COLLEGE HIGH SCHOOLS, references
mentioning middle colleges have been removed to reflect changes in the Administrative Code effective
November 28, 2012.
GI
(LEGAL)
RELATIONS WITH OTHER COLLEGES AND UNIVERSITIES
Text formerly at ECF addressing how a college district may develop INSTRUCTIONAL ARRANGEMENTS
with other Texas public two-year colleges and other public institutions of higher education, as well as provisions associated with STATE FUNDING within these arrangements, has been incorporated into this
more appropriate policy code. Minor edits have also been made for consistency with policy style.
- 20 -
Please Note: This manual does not have policies in all codes. The coding structure is common to all
TASB manuals and is designed to accommodate expansion of both (LEGAL) and (LOCAL) policy
topics and administrative regulations.
CROSS-INDEX
-Aabsences
personnel DEC
student FDA
academic achievement report GH
academic freedom and responsibilities DGC
academic load ECC
acceptable use policy (AUP) CR
access to public information GAA
accident prevention CGB
accidents
first aid FFAB
reports CGBA
accountability DH
accounting
reporting and statements CDA
system CD
accreditation agency relations GK
activities, student
clubs FKC
cocurricular activities FK
extracurricular FK,
fees FD
organizations FKC
social events FK
sponsors, clubs FKC
activity fees FD
adjourned board meetings BD
administering of medicines FFAB
administration
in policy absence BE
organization charts BGA
administrative organization plan BG
administrative personnel
appointment DC
assignment DI
compensation guides DEA
consulting DBF
contracts DDA
development opportunities DK
dismissal DMAA
ethics DH
evaluation DLA
expense reimbursement DEE
filling vacancies DC
health examinations DBB
hiring DC
job descriptions DNA
nonrenewal DMAB
nonschool employment DBF
orientation DC
part-time DNB
personal leaves and absences DEC
positions DN
probation DLB
professional leaves and absences DEC
professional organizations DGA
promotion DLC
qualifications and duties DNA
recruitment DC
DATE ISSUED: 1/28/2013
UPDATE 28
A25(INDEX)-PJC
resignation DMAC
retirement DF
rights and privileges DG
sabbaticals DEC
separation DM
standard of conduct DH
supervision DMA
suspensions DNA
tenure DDB
time schedules DI
transfer DI
vacations DED
work load DJ
administrative rules and regulations
administration in policy absence BE
amendment of BH
board review BH
dissemination BH
drafting and development BH
periodic review BH
admissions
eligibility FB
exchange students FB
requirements FB
tuition FD
adoption
curriculum EF
library materials EDAA
policies BE
adult education program EFAB, EFCB
ad valorem taxes CAI
advertising in the schools GE
advisory committees BCE
affirmative action DAA
age requirements for enrollment FB
agendas BD
agents, solicitors, collectors CFE
aides, teacher DNA
AIDS
tests, procedures DBB, FFAC
workplace guidelines DO
alcohol use DH, FLBE , GFA
alternate methods of instruction EB
distance education EBA
off campus instruction EBB
amendment of administrative rules and regulations BH
amendment of board policy BE
amendment of budget CC
Americans with Disabilities Act (ADA)
access to programs, services, and activities GL
employment procedures DAA
medical examinations DBB
annual operating budget
public hearings BD, CC
annuities
salary deductions CDDA
tax-sheltered CKC
appeals
employee grievances and appeals DGBA
public complaints GB
student complaints and appeals FLD
appearance, personal DH, FLBA
application for position DC
appointment of personnel DC
appraisal district CAJ
appropriations CA
1 of 16
architects and engineers CFC, CLA, CM
asbestos CGA
assaults and/or attacks on persons FLB
assignment of personnel DI
assignment of wages CDDA
assistance for disadvantaged students EFAC
athletic facilities CN, GH
athletic insurance FC
athletics FK
attendance, student FC
attorney for the board BCC
auditors, independent CDC
audits
school activity funds CDC
authority, line of BGB
auxiliary enterprises CQ
awards and scholarships FEA
-Bbank depository CB
behavior code, student FLB
benefits DEB
bids and quotations CF
bids, depository of funds CB
bill payment authorization CFF
board of trustees
agenda BD
authority, exercise of BA, BBE
committees BCB
compensation and expenses BBG
composition BCA
conflict of interest BBFA
duties, general and specific BAA
duties of officers BCAB, BCAC, BCAD
election campaign funds BBB
election date BBB
election eligibility BBA
election filing information BBB
election of officers BCAA
election of unopposed candidate BBB
employment of college president/chancellor BFB
ethics BBF
filling a vacancy BBC
hearing BD
liability CKB
meetings, closed BDA
meetings, emergency BD
meetings, notice required BD
meetings, open with exceptions BD
meetings, order of business BD
meetings, public attendance BDB
meetings, quorum BD
meetings, regular BD
meetings, special BD
meetings, to adopt budget BD, CC
members, number of BBB
oaths BBB
officers BCA
order of business BD
policies, amendment of BE
policies, development of BE
quorum for transaction of business BD
reimbursement of expenses BBG
removal from office BBC
UPDATE 28
A25(INDEX)-PJC
resignation BBC
statement of officer BBB
term of office BBB
training BBD
trustee employment DC
vacancy, filled by appointment BBC
bomb threats CGC
bond anticipation notes CAD
bond campaigns CAD
bond elections CAD
bond payments CAD
bond referenda CAD
bonded board members CE
bonded employees CE
bonds CAG
bonds and bond taxes CAD
capitalization CAD
recreational facilities CAG
booster organizations GC
branch campuses ACA
broadcasting and taping
board meetings BDC
sports and special events GA
budget
adoption of CC
amendments CC
auditor CDC
audits CDC
budget officer CC
control CC
deadlines CC
filing of adopted budget CC
hearings CC
legal requirements CC
line item transfer authority CC
notice CC
officer CC
planning CC
preparation CC
records and reports CC
revenue sources CA
budget and finance
accounting system CD
depository, bank CB
insurance and performance bonds CM
payroll CDD
sources of revenue CA
building committees BCE, CL
building plaques CLA
building program CL
buildings, equipment, grounds CH, CI
evaluation of existing facilities CL
flag regulations FK
insurance program CK
leasing and renting CN
long-range maintenance program CHB
maintenance CHB
operations CH, CI
records CHD
safety CG
security CHA
burglary and vandalism CHA
burglary damage report CHD
business and industry GC
business management
facility planning and construction CL, CM
maintenance and operations CHB
physical properties and equipment CI
2 of 16
purchasing CF
real property CM
transportation CJ
bylaws BE
-Ccafeteria plan deductions CDE
calendar
annual EA
budget CC
common EA
payroll CCD
school year EA
campaign funds BBB
campus peace officers CHA
capital equipment purchasing CF
capitalization planning CM
care of school property CHA, FLB
censorship GB
ceremonies and observances FK
certificates of deposit CAK
certificates of indebtedness CAF, CAK
certification
paraprofessional DBA
professional DBA
certified personnel DN
change orders CM
charitable organizations CDDA
charges, student FD
check-writing procedures CFF
city government GGA
city tax assessor-collector BCAE
city tax office BCAE
civic organizations GC
civil defense agency relations GGA
civil defense and fire drills CGC
civil rights DAA, FA
civil rights of minors FL
class rankings EGB
class size ECB
classification of students EFB
cleaning program CHB
closed meetings BDA
closing of school, emergencies CGC
clubs FKC
code of ethics
board members BBF
personnel DH
collateral CB
collections, contributions, and membership fees DH, FI, FD
college board
advisory committees BCE
attorney BCC
college president/chancellor, relations BF
committees BCB
consultants BCD
elections BBB
facility expansion responsibilities CL
internal organization BC
legal status BA
meetings BD
members BB
officers BCA
UPDATE 28
A25(INDEX)-PJC
operations BC
policy amendments BE
policy development BE
powers and duties BAA
college board meetings
adjourned BD
agendas BD
annual BD
broadcasting and taping BDC
closed BDA
distribution of materials BD
emergency BD
minutes BD
news coverage BDC
notification BD
organizational meeting after election BCA
preparation BD
press services BDCB
public hearing BD, BDE, CC
public participation BDE, CC
quorum BD
regular BD
rules of order BD
special BD
suspension of rules BD
time and place BD
transacting business BBE, BD
videoconference call BD
voting method BD
college board members
authority BBE
bonded members CG
compensation and expenses BBG
conflict of interest BBFA
conventions, conferences, and workshops BBH
development opportunities BBH
duties BAA
election BBB
eligibility BBA
ethics BBF,
legal status BB
liability CRB
number BBB
offices and services BBI
orientation BBD
powers BAA, BBE
qualifications BBA
reimbursement of expenses BBG
removal from office BBC
resignation BBC
term of office BBB
training BBD
unexpired term fulfillment BBC
vacancies BBC
college board officer duties
assessor BCAE, BCAEA
officer method of election BCAA
president BCAB
secretary BCAD
tax collector BCAE
vice-president BCAC
college district
name AB
status and purpose AA, AD
college president/chancellor
compensation BFB
contract BFB
dismissal BFCA
3 of 16
duties BFA
employed by board BFB
evaluation BFB
expenses reimbursed BFB
fringe benefits BFB
nonrenewal BFCB
professional development BFB
qualifications BFA
resignation BFCC
retirement BFCC
salary BFB
termination of employment BFC
colleges and universities, relations with GI
committees
advisory BCE
board BCB
building CL
curriculum development EE
for selection of architects and engineers CL
permanent advisory committee GI
school board BCB, BCE
school board advisory BC
service representatives from community agencies GC
communicable diseases DBB, FFAA , FFAC
community
school-community organizations relations GC
community activities
performances by students FK
staff participation in community activities DGA
community agencies
local governmental authorities GGA
community instructional resources GD
community involvement
budget planning CC
business and industry GC
facility expansion CL
community organizations, relations with GC
community press relations GA
community use of district facilities GF
community welfare organizations GGA
compensated leave (See leaves and absences) DEC
compensation and benefits
college president/chancellor BFB
extended and reduced time DI
in-district travel DEE
leaves DEC
moving costs DEB
professional trip expenses DEE
salary schedules DEA
school board members BBG
supplemental compensation DEA
travel reimbursement DEE
vacations DED
compensatory education EFB
compensatory time DE
competition, student FK
complaints
against peace officers CHA
personnel complaints, grievances DGBA
student complaints FLD
concurrent enrollment with ISD GH
conditions of employment
oath of office DBC
physical examination DAA, DBB
restrictions on dual employment DBDA
restrictions on employing relatives DBE
UPDATE 28
A25(INDEX)-PJC
conduct
on school premises, public GFA
personnel DH
student FLB
conferences
board member attendance BBH
conferences and visitations DK
conflict of interest
board members BBFA
personnel DBD
congressional representatives relations GGC, GGD
construction plans and specifications CM
consultants
college president/chancellor, consulting BFB
consultants outside of district BCD
facility expansion consultant
involvement CL
personnel consulting DBF
school board consultants BCD
consultation agreements DGB
contagious diseases FFAC
contests for students FK
continuing education EB
contracted transportation services CJ
contracting for instruction with outside agencies , GH
contracts
administrators DDA
bidding, construction CFC, CM
continuing contract DDB
probationary contract DDB
teacher DDA, DDB
temporary teacher DDA
term contracts DDA
vocational GH
conventions, conferences, and workshops
board members BBH
personnel DK
conveyance of property CAL
cooperative purchasing agreements CF
coordinating board DE
copyrighted material EDD
correspondence courses EB
cost control CFD
cost estimates CM
counseling and guidance programs EH
county government GGB
countywide appraisal district CAJ
course outlines EF
credit by examination EGAA
credit evaluation DB
crime statistics GAB
criminal history records DC
criticism of school officials by students FKA
culture-free tests (See testing) EI
curriculum
core EFAA
design EF
career technical/workforce courses EFAB
developmental education EFAC
development EF
extended instructional programs EFD
honors program EFDB
pilot projects EFC
required instructional program EFA
summer school EFDA
travel study EFD
research EE
4 of 16
special programs EFC
adult education EFCB
disadvantaged students EFCC
remedial instruction EFC
special education EFCA
custodian of records CIA, GAA
custodian of student records FJ
custodian services CHB
custodians, qualifications and duties DNA
-Ddamage reporting CHA
deaf and hard-of-hearing program EFCA
deferred compensation CKC
debt limitation CAD
delinquent taxes CAI
demonstration program for the gifted EFC
demonstrations and strikes by students FLB
demotion of staff DLC
depository (bank)
student activity funds (moved to C section)
depository of funds CB
design and construction of school facilities CM
designated persons at school buildings CH
development opportunities
personnel DK
school board members BBH
developmental programs EI
diplomas EGC
disabilities, learning EFCA
disability, temporary (of employees) DEC
disaster drills CGC
disciplinary action, employees
noncontract DMC
tenure contracts DMB
term contracts DMA
discipline of students
disruptions and interferences with the education
processFLB
fraternities, sororities, and other secret organizations
FKC
discipline procedures FMA
possession and use of narcotics, dangerous drugs, and
alcohol FLBE, FLBF
records FJ
supervision of student conduct FFCA
suspension FM
unauthorized student meetings on school premises
FLAA
disclosure statements BBFA
discrimination in employment DAA, DAB
discrimination, student EFCA, FA
dismissal, disciplinary action
noncontract DMC
term contracts DMAA
disorderly student conduct FLB, , FM
disposal of property CIB
disruption of classes by outsiders GFA
disruptions
student FLB
visitors GFA
UPDATE 28
A25(INDEX)-PJC
disruptive activities GFA
distance education EBA
distribution of equipment and supplies CI
distribution of professional organization material DGB
disturbances, disorders, or demonstrations, preventive
measures FLB
donations CAM, CC
dress and personal grooming
personnel DH
student FLBA
drug use DH, FLBE
drug free workplace DH, DO
due process
personnel complaints DGBA
students FA, FM
term contracts DMAA
duty schedule DI
-Eeducation agencies relations
accreditation agencies GK
educational accreditation agency relations GK
educational philosophy AD
educational purpose AD
educational specifications CM
election authorities relations GGA
election of board members BBB
electronic communication CR
eligibility for admission, student FB
emergency and first aid FFAB
emergency closings CGC
emergency drills CGC
emergency illness FFAB
emergency plans and procedures CGC
emergency repairs CHB
emergency school housing CN
emotionally disturbed students EFCA
employee organizations DGA, DGB
employee policies
assignment and transfer of personnel DI
benefits DEB
compensation and benefits DE
conditions of employment DB
discrimination prohibited DAA
dismissal/disciplinary action DMA, DMB, DMC
employee relations with students DH
employment requirements DB
establishing new positions DC, DN
evaluation DLA
family medical leave act CKD, DEC
grievances and appeals DGBA
leaves and absences DEC
personnel records DBA
protection from retaliation DG
reduction of staff DMA, DMB, DMC
resignation DMA, DMB, DMC
retirement DF
salary schedules DEA
standards of conduct DH
termination DM
welfare DO
5 of 16
whistleblowing DG, DGBA
employee qualifications DAB, DB, DNA
employment
after retirement DF, DNB
agencies, private DC
architects and engineers CLA, CM
conflict of interest DBD
outside consultants DN
requirements DAB, DB
types of DN
employment of students FEB
employment requirements
constitutional oath requirement DBC
nepotism restriction DBE
physical fitness DBB
restrictions on dual employment DBD
employment status
conflict of interest DBD
noncontract DDC
temporary teacher contract DDA, DNB
tenure contracts DDB
term contracts DDA
energy conservation measures CH
endowment fund BAA
engineers and architects selection CLA, CM
enrollment
age requirements FB
exemptions from health examinations FB
health requirements FB , FFAA
reports BFA
residence requirements FB
transfers FBA
tuition and exceptions FD FBB
enrollment projections CL
entrance age FB
environmental authorities GGA
equal educational opportunities EFCA, FA
equal employment opportunities
equipment
facilities CM
inventory CI
repair CHB
equipment and supplies
distribution CI
equipment maintenance CHB
insurance program CK
leasing and renting by the school CN
receiving and warehousing CI
records CI
ethics
board members BBF
personnel DH
evaluation
existing facilities CLB
personnel DLA
preplacement special education EI
testing programs EI
evening sessions EC
evidence in student suspension hearings FMA
examination, credit by EGAA
examinations EGAB
exceptional students (disabled) EFCA
executive sessions (See closed meetings)
expenditures of funds CFD
expenses
UPDATE 28
A25(INDEX)-PJC
board members BBG
personnel DEE
reimbursement procedures CDDB
experimental projects EE
expression, freedom of written (student) FKA, FLA
expulsion FM
extended instruction programs EFD
extended school year EA
extension facility EBB
extension of monetary credit CI
extracurricular activities FK
extra duty DJ
eye-protective devices CGB
-Ffacilities, access for ADA CLB, GL
facilities, community rental of district GF
facilities, construction CM, CMA, CMB, CMC, CMD, CME,
CMF
facilities evaluation CL
facilities inventory CDB
facilities obsolescence determination CP
facility planning CL
faculty senate or council BGC
fair employment CM, DAA, DAB
family medical leave act CKD, DEC
federal aid CAB
facility expansion CL
federal government relations GGD
federal funds CAB
fees, materials, supplies, and dues
copies of records FJ
library EDAA, FD
optional FD
required FD
science laboratory EDAA, FD
student FD
transcript FJ
tuition FD
fidelity insurance CK
field of study curriculum EFAA
fighting FLB, ,
filling employment vacancies DC
final examinations EGB
financing education FE
financing education for disadvantaged students, FE
financial reports and statements CDA
fines, student FD
firearms FLB , GFA
fire authorities relations GGA
fire drills and civil defense CGC
fire escapes CGC
fire insurance CKA
fire prevention CGD
fire safety precautions CGD
fires, reporting CGD
fireworks FLB
first aid FFAB
fiscal authorities GGA
fiscal management CC
fiscal year CC
food service provider committee FLE
fraternities FKC
6 of 16
free materials distribution in schools GE
free speech GFA
freedom of written expression (student) FKA, , FLA
fringe benefits DEB
fund-raising activities DH, FI
funds, activity—management of (moved to C section)
funds and accounts CDA
funds, depository of CB
-Ggate receipts CA
GED testing center EI
general property deposits CAK
geographic boundaries AC
gifts
acceptance by board members BBFA
gifts and bequests CAM
gifts by staff members DH
gifts by students FI
gifts from foreign persons CAM
gifts to staff members DH
public gifts to schools CMA
student gifts to school FI
student gifts to staff members DH, FI
goals and objectives AE
government, student FKC
grades
average required for credit EGA
complaints FLD, FLDB
computation of averages EGA
point averages for ranking of graduates EGC
graduation exercises FKD
graduation requirements EGC
degree plans EFBA
exemptions from final exams EGA
honor graduates EGB
honorary degrees EGCA
ranking of graduates EGB
regulations concerning graduation exercises, activities,
and commemoration FKD
grants CAM
grievance procedures
personnel DGBA
student FA, , FLD
grooming standards FLBA
grounds management CH
group health and life insurance CKD
group purchasing CF
guns FFBF
-Hhandicapped students (See students with disabilities)
harassment of employees by students FLB
hate literature FKA
hazardous chemicals, use and training DO
hazing FLBC
health
requirements for enrollment FB , FFAA
health authorities relations GGA
UPDATE 28
A25(INDEX)-PJC
health examinations
personnel DBB
students FFAB
tubercular DBB, FFAC
health insurance CKD
health portability insurance (HIPAA) CKD
health requirements, students FFA
health services FFA
hearing
budget BD, CC
challenging content of student records FJ
due process
employees DGBA, DM
students FM
suspension of students FM
hearing of citizens BDB, CC, GB
heating and lighting CHB
hiring practices DC
HIV education DO
holidays
personnel DED
school holidays EA
honor graduates EGB
honors program EFDB
hospitalization insurance CKD
housing authorities relations GGA
hurricane warnings CG, CGC
-II-9 form DC
identification of district-owned vehicles CJ
identification of persons on school property CHA, GFA
illness
personnel DEC
student FFAB
immunizations FFAA
inclement weather procedures CGC
income tax, salary deductions for CDDA
incorrigible conduct FLB
increments, salary DEA
independent auditors CDC
independent study EC
information
access to district records BD, GAA
access to employee records DBA
access to student records FJ
right of public to district information GAA
right of students to information and privacy of records FJ
injury or sudden illness FFAB
inservice and staff development DK
inspections
facility expansion project CLA
purchasing CF
safety CGA
institutional effectiveness BI
institutional responsibility AD
instructional contracts with outside agencies , GH
instructional departments ECA
instructional materials
complaints concerning library-media materials EDAA,
GB
control of CI
7 of 16
copyrighted material EDA
instructional materials center EDAA
instructional program
course offerings and time allotments EFA
elective instruction EFA, EFB
extended instructional program EFD
honors program EFDB
required instructional program EFA, EFB
semester system EA
special programs EFC
instructional requirements
graduation requirements EGC
instructional resources ED
instructional services EDB
instructor
assignment DI
part-time DNB
professional development DK
qualifications DN
work load DJ
insubordination, students FLB, , FM
insurance
adjuster and carrier CK
change of coverage CK
continuation coverage CKD
deductions from salary CDDA
eligible employee listing CKD
employees DEB
enrollment information CKD
fire insurance CKA
health CKD
income replacement CK
liability CKB
life insurance CKD
school property insurance CKA
student FFB
tax-sheltered annuities CDE, CKG
term life CKD
unemployment CKF
workers' compensation CKE
intellectual property DBD
interdistrict
relations GH
shared services GH
Internet CR
interrogations, investigations, and searches
by police FLC, GGA
by school officials FLC
interruption of classes EJ
interviews, hiring DC
intoxicants DH, FLBE, GFA
intramural sports FK
inventories CDB
investments, time deposits, other obligations, bond sales
CAK
-Jjanitorial services CHB
janitors, qualifications and duties DNA
job descriptions
UPDATE 28
A25(INDEX)-PJC
chancellor/college president BFA
jury duty DEC
-Kkey control CHA
knives FLB
-Llabor organizations DGA, GC
land, sale of CAL
language, foreign EFA
language foreign faculty DK
law enforcement agencies GGA
law enforcement on school property GFA
lawful assembly, disruption of GFA
lay-offs DMA, DMB, DMC
learning (See instructional programs)
learning disabilities EFCA
lease of real property by the district CN
leasing and renting (by the college district)
authority to BAA
buildings and grounds CH, GF
equipment and supplies CI
lease and rental payments CN
leaves and absences
accumulated personal leave DEC
care of sick relative DEC
compensated leave DEC
extended DEC
family illness DEC
family medical leave DEC
federal and state jury duty DEC
funeral leave DEC
indefinite leave of absence CKE
mandatory court appearances DEC
maternity leave DEC
military leave DEC
payment for unused leave DEC, DF
personal business DEC
personal health leave DEC
personal illness DEC
personal leave DEC
political leave DEC
professional business DEC
professional consultation DK
professional leave DEC
reserve military duty DEC
sabbatical leave DEC
study leave DEC
unpaid leave DEC
legal requirements
budget hearing BD, CC
sale of bonds CAD
truth in taxation CAI
legal services BCC
legislative representatives relations GGC
liability, board members CKB
liability for damage to school property FLB
liability insurance CKB
8 of 16
liability, school personnel CKB
libel FKA
library
records and reports EDAA
selection of materials EDAA
life insurance CKD
line and staff relations BGB
line item transfers CC
litigation expenses CKB
local government relations GGA
local purchasing preference CFD
local tax revenues CAC
loitering GFA
long-term suspension FM
-Mmaintenance
minor changes and alterations CHB
routine CHB
transportation maintenance CJA
maintenance department CH
marijuana FLBE
marking procedures EGA
maternity leave DEC
media and service centers (regional) GJ
medical examinations DAA, DBB, FFA
medical insurance CKD
medical treatment FFAB
medicines FFAB
meeting notice
board of education BD
budget BD, CC
meetings
board BD
budget BD, CC
closed BDA
growth and development DK
community use of school facilities GF
emergency (board) BD
employee grievances DGBA
faculty DJ
public GB
regular (board) BD
special (board) BD
staff meetings DJ
videoconference call BD
mentally disabled students program EFCA
merit system DEA
military leave DEC
military science EFA
minerals, sale of CAL
minimum wage requirements DEA
minutes of board meetings BCAD, BD
moonlighting DBF
moving costs, reimbursement DEB
municipal government GGA
music program EFA
UPDATE 28
A25(INDEX)-PJC
-Nnaming new facilities CLA
narcotics FLBE
neighborhood associations relations GC
nepotism DBE
new facilities CLA
news conferences and interviews GA
news coverage
broadcasting and taping board meetings BDCA
news media relations GA
news releases GA
school board meeting news coverage BDC
newspaper, school distribution of FKA
noncertified personnel DN
nongraded programs EC
nonpublic information GAA
nonrenewal, term contract DMAB
nonresident students FB
note and bond payments CAD, CAH
notice of position openings DC
notification of school board meetings BD
nurses, qualifications and duties DNA
-Ooaths
loyalty BBB
of office BBB, DBC
objective criteria for personnel decisions DAB
obscenity FKA, FLB
off campus instruction EBB
officers
board of education BCA
budget CC
for public records GAA
offsetting wages CKE
open meetings BBH, BD, BDB
open records GAA
operations, maintenance CHB
optional retirement program DF
order of business BD
organization
administrative BG
board of education BC
organization charts
administration BGA
organizational relations GC
organizations
parent organizations GC
personnel DGA, DGB
student FKC
orientation
board members BBD
new facility CLA
personnel DC
other schools and districts relations GH
outside agencies, instructional contracts with , GH
outside employment DBF
overtime DL
9 of 16
-Pparaprofessional personnel
certification requirement DBA
parent organizations GC
parking controls CHC
parks department relations GGA
parliamentarian BD
part-time employees DNB
patriotic exercises FK
pay grade changes DEA
pay periods CDD
payment procedures
facility expansion project CL
purchasing CF
payroll procedures
expense reimbursements CDDB
penalties, student discipline FM, FMA
pensions DF
perceptually disabled students EFCA
performance bonds CM
performance reports BIA
performances, student FK
personal leave
accumulation of personal leave DEC
payroll reporting CDD, DEC
personnel academic freedom and responsibilities DGA
personnel complaints and grievances DGBA
personnel conduct DH
personnel gifts and solicitations DH
personnel involvement in decision-making DGB
personnel-management relations DGB
personnel records
access to confidential personnel records DBA
availability to district personnel DBA
custodian of personnel records DBA, GAA
reproduction for auditing DBA
reproduction pursuant to subpoena or court order DBA,
GGA
request for copies DBA
personnel retirement program DF
personnel-student relations DH
petition for student transfer FBA
petitions , FLE , GE
philosophy, educational AD
physical education
health and physical education program EFA
physical examinations DAA, DBB, FFA
physical fitness
proof required for employment DAA, DBB
physically disabled students EFCA
planning authorities relations GGA
plans and specifications CM
police department relations GGA
police on school premises GFA
policy development
administration in policy absence BE
policy adoption BE
policy amendment BE
policy development system BE
policy distribution BE
policy drafting BE
policy review BE
policy suspension BE
review of administrative rules BH
UPDATE 28
A25(INDEX)-PJC
political activities DGA
political advertising CAD
political organizations GC
politics, participation in DGA
polling of the board BDA
possession and use, alcohol and drug FLBE, , GFA
pregnant employees DEC
preplacement testing, special education EI
press services
board meeting BDCB
prevention of accidents CGB
printed materials and services
copyrighted materials EDA
private instruction DBF
private schools relations GH
probation, students FM
probationary period DC, DDA, DLB
professional associations DGA
professional development DK
professional growth
personnel DK
professional libraries EDAA
professional meetings DJ, DK
professional organizations DGA, DGB
professional personnel
academic freedom DGC
accountability DH
assignment DI
compensation guides DE
consulting DBF
demotion DLC
employment status DD
ethics DH
evaluation DLA
expense reimbursement DEE
extra duty DJ
health examinations DAA, DBB
hiring DC
involvement in decision-making DGB
job descriptions DNA
lay-offs DMA, DMB, DMC
merit system DEA
nonrenewal DMAB
orientation DC, DK
personal leaves and absences DEC
positions DN
probationary period DDA, DDB, DDC
professional organizations DGA, DGB
promotion DLC
qualifications and duties DNA
recruitment DC
re-employment DC
resignation DMA, DMB, DMC
responsibilities DNA
retirement DF
rights and privileges DG
sabbaticals DEC
separation DM
staff meetings DJ
standard of conduct DH
supervision DNA
10 of 16
suspension DMA, DMB, DMC
tenure DDB
term contracts DDA
time schedules DI
transfer DI
tutoring for pay DBF
vacations DED
work load DJ
working conditions DJ
professional publishing DK
professional standards program DH
professional trips DK
program design EF
program development EE
programs, special EFC
projections
enrollment CL
facilities, community use GF
facilities cost CM
instructional needs CL
site availability CM
promotion of staff DLC
properties and equipment, physical CH
property
acquisition CFG
acquisition of sites CM
care of school CHA, FLB ,
land purchases CM
property insurance CKA, CM
property sales CAL
psychological services EH
psychological testing EH, EI
public dedications of facilities CLA
public facilities corporation CAO
public funds collateral act CB
public gifts CAM
public hearings BD, CC, GB
public information GAA
public participation at board meetings BD, BDB
public relations GC
public use of school records FJ
public's right to know GAA
publications
board agenda and news releases BDCB
publishing and research DK
school bulletins and newsletters GA
college-sponsored publications FKA
publishing and research DK
punishment, student FM
purchase orders
capital equipment CI
emergency purchases CF
purchasing
authority CFA
bids and quotations CFC
bill payment authorization CFE
board approval CFA
cooperative purchasing agreements CF
cost control CFD
group programs CF
guarantees CFD
inspections CFD
local purchasing CFD
payment procedures CFF
purchase orders and contracts CFD
purchasing guides and vendor lists CFE
UPDATE 28
A25(INDEX)-PJC
quality control CFD
quantity purchasing CFD
real property and improvements CFG
requisitions CFD
sales calls and demonstrations CFEA
specifications CFD
trial tests and field checks CFD
vendor relations CFE
purpose of district AD
-Qqualifications for instructors DN
qualified personnel, hiring of DAB, DC
quality control CFD
quantity purchasing CFD
quorum for school board meetings DB
-Rracial balance
personnel DAA, DAB
students FA
ranking of graduates
grade point averages EGA
honor students EFDB
raffles FI, GC
reading devices EDAA
real property
acquisition CFG
lease of CAL, CN
sale of CAL
site acquisition procedure CM
receiving equipment and supplies CI
records, access to
confidential information GAA
cost of providing copies GAA
custodian of records GAA
inspection of GAA
personnel files DBA
personnel items for public information GAA
public information GAA
requests for copies GAA
right of public information GAA
students FJ
unavailable at the time of request GAA
records and reports
attendance, student FC
budget CC
discipline FM
health appraisal FFA
inventories CDB
permanent record card FJ
releasing student information FJ, GAA
transcripts and permanent record FJ
transfer of cumulative records FJ
records management officer CIA
recreation department relations GGA
11 of 16
recreational facilities bonds CAG
recruitment
college president/chancellor BF
recycling program CH
reduction in force
not under contract DMC
under tenure contract DMBA
under term contract DMAD
referenda, bond CAD
regional councils GI
regional service centers GJ
regular board meetings BD
regulations, administrative BH
reimbursement for expenses BBG, CDDB, DEE
reinvestment zones CAI
relations between staff and students DH
relations with business organizations GC
relations with colleges and universities GI
relations with community organizations GC
relations with educational accreditation agencies GK
relations with federal educational agency GGD
relations with governmental agencies GG
relations with other schools GH
relations with regional education service centers GJ
relations with state agencies GGC
released time
personnel DK
students FC
religion, teaching about FK
religious absences DEC, FC
remedial programs GH
removal from office
board members BBC
college president/chancellor BFC
renewal of contracts DDA
renovations CO
rental
charges by district CAN
leasing by district CN
use of facilities by community GF
repairs
buildings, grounds, and equipment CHB
renovations (See construction)
reports
accident CGBA
audit CDC
buildings, grounds, and equipment CHD
enrollment BFA
equipment and supplies management CI
facilities construction CM
financial CDA
grounds, equipment, and buildings CHD
hazards CGA
inventories CDB
performance BIA
press and news BDCB, GA
sick leave DEC
student progress EGA
supply CI
transportation management CJ
required instruction EFA, EFB
requisitions CFD
research
curriculum EE
intellectual property DBD
staff publishing DK
reserve funds
depository CB
UPDATE 28
A25(INDEX)-PJC
investments CAK
petty cash accounts CFB
residence
college president/chancellor BF
requirement for board members BBA
requirement for student enrollment FB
resignations
board members BBC
college president/chancellor BFCC
personnel not under contract DMC
personnel under tenure contract DMB
personnel under term contract DMAC
retirement
personnel DF
revenue sources
ad valorem taxes CAI
bond and bond taxes CAD, CAG
certificates of indebtedness CAF
federal CAB
gate receipts CA
grants, funds, donations from private sources CAM
investments CAK
rentals and service charges CAN
school-owned property CAL
short-term notes CAH
state CAA
time warrants CAE
review of administrative rules BH
review of board policies BE
role and mission of district AD
rules
administrative BH
rules of order BD
suspension of the rules BD, BE
-Ssabbaticals DEC
safety
accident prevention CGB
buildings and grounds safety CHA
education FFC
emergency plans CGC
fire prevention CGD
inspections CGA
program CG
student safety FFC
salary schedules
personnel DEA
sales
property sales CAL
public sales on school property GF
surplus property CIB
sales calls and demonstrations CFEA
sales representatives CFEA
schedules
annual calendar EA
budget planning CC
closing days of semester EA
duty schedules DJ
faculty meetings DJ
records management CIA
12 of 16
salary DEA
scholarships FEA
school admissions FB
school attorney BCC
searches
by college officials FLC
by police FLC, GGA
secret societies FKC
Section 504 coordinator DAA, FA
security and safety
bomb threat procedures CGC
campus security CHA
campus security personnel CE, CHA
civil defense GGA
closing of school CGC
communications in emergency CGC
disturbances, disorders, or demonstrations CGC, FLB
emergency preparedness CGC
eye-protective devices CGB
fire drill and civil defense CGD, GGA
fire prevention and safety education regulations CGB,
CGD
fire safety precautions CGD
general safety precautions CG
injury or sudden illness FFAB
motor vehicles on grounds prohibited CHC
narcotics, dangerous drugs, or alcohol FLBE, , GFA
permits for entering or leaving premises GFA
reporting fires CG
safety inspection for hazards CGA
vandalism and burglary CHA
security of buildings and grounds CHA
security services
burglary damage report CHD
selection and adoption
instructional equipment and supplies EDA
tests EI
sergeants at arms BD
service areas AC
service center, regional education GJ
sex discrimination
grievance procedure DGBA, FFD
personnel DAA, DGBA
students FA
sexual harassment DOA
short-term notes CAH
short-term suspension FM
sick leave
accounts of DEC
benefits DEC
single-member districts BBB
sites
site acquisition procedures CM
site plans and specifications CM
skills development fund EB
smoking CGD, DH, FLBD, GFA
social events, student FK
social security deductions CDE
solicitation of funds dh, FI
sororities FKC
Southern Association of Colleges and Schools GK
special education , EFCA
special programs
honors EFDB
specifications
UPDATE 28
A25(INDEX)-PJC
construction plans and specifications CM
educational specifications CM
equipment plans and specifications CM
plans and specifications CM
site plans and specifications CM
sports FK
sports and special events news coverage GA
staff conduct DH
staff development and inservice DK
staff involvement
attendance at board meetings BDD
budget planning CC
facility expansion CM
staff orientation, new facilities CM
staff political activities DGA
staff relations BGB
staff-student relations DH
state-funded courses EC
statement of officer BBB
steroid notices FK
strikes, employee DGB
student absences and excuses FC
student academic freedom (moved to D section)
student activities
community-sponsored activities and contests FK
contests FK
eligibility for honors and awards EFDB ,FEA
extracurricular activities FK
government FKC
honor graduates EGC
letter awards FEA
organizations FKC
performances FK
scholarships FEA
social affairs FK
student government FKC
student awards and scholarships FEA
student care of school property CHA, FLB
student conduct FLB
student contests and competition FK
student council FKC
student course load ECC
student detention FM
student discipline FM
student facility use FLAA
student fees FD
student financial aid programs FE
student fines FD
student health requirements FFA
student health services FFA
student immunization FFAA
student insurance programs FFB
student involvement
board meetings BDE
budget planning CC
decision-making FLE
student organizations FKC
student performances FK
student policies and procedures
activities , FK
attendance FC
complaints EFCA, FA, FFD , , FLD, FLDB
discipline FM, FMA
enrollment requirements FB
student rights and responsibilities FL
13 of 16
transfers and withdrawals FBA, FCA
student psychological services EH
college-sponsored publications FKA
college-sponsored publications, prior review FKA
student records
access to FJ
challenging the content of records (hearing and appeal)
FJ
content FJ
custodian of student records FJ
destruction of education records FJ
explanation of records requested FJ
forms for request FJ
furnished pursuant to subpoena and court orders FJ
notice to parents of records
maintained FJ
persons to whom identifiable information can be released FJ
release for health or safety emergencies FFA , FJ
release to officials of post-secondary schools, other
school systems, colleges, and universities FJ, GI
release when records contain information on more than
one student FJ
request for access to or copies of FJ
review and destruction of FJ
right to information and privacy of records FJ, GAA
student rights and responsibilities
alcohol use FLBE
assaults FLB
conduct FLB
demonstrations and strikes FLB
discipline procedure FMA
disruptions FLB
disturbances FLB
dress and grooming FLBA
drug use FLBE
due process FM
freedom of written expression FKA
grievances and appeals FLD
hazing FLBC
interrogations and searches FLC
involvement in decision-making FLE
possession and use of narcotics, dangerous drugs, or
alcohol FLBE
publications, school- and nonschool-sponsored FKA
responsibility for school property CHA, FLB
right to information and privacy of records FJ
right to know GAB
searches FLC
smoking FLBD
strikes FLB
tobacco use FLBD
weapons FLBF
student safety FFC
student schedules ECC
student social events FK
student-staff relations DH
student suspensions FM
student transfer FBA
student transportation CJ
student visiting other schools FLB
student withdrawals FCA
students
absences and excuses FC
accidents CGB, FFAC
activities FK
admission requirements FB
UPDATE 28
A25(INDEX)-PJC
alcohol use FLBE
assaults on school personnel FLB
assignment to classes EFCA
attendance FC
automobile use CHC
behavior code FLB
care of school property CHA, FLB
charges FD
clubs FKC
community relations GC
complaints FLD
conduct FLB
contests and competition FK
demonstrations FLB
detention FM
discipline FM
discipline procedure FMA
disruptions FLB
disturbances FLB
dress FLBA
drug use FLBE
due process FM
employment FEB
entrance age FB
equal educational opportunity FA
expulsion FM
fees, fines, and charges FD
gifts to schools FI
gifts to staff members FI
government FKC
hazing FLBC
interrogations FLC
involvement in decision-making FLE
nonresident FB
oath of residency FDA
organizations FKC
performances FK
physical examinations FFA
probation FM
publications FKA
readmissions FB
rights and responsibilities FL
safety FFC
schedules ECC
searches FLC
smoking FLBD
social events FK
strikes FLAA
suspension FM
tobacco use FLBD
transfer petition procedures FBA
transfers and withdrawals FBA, FCA
weapons FLB
welfare FF
with disabilities
access to programs GL
staff development DK
suspension of FM
subpoenas, petitions, and complaints
acceptance by authorized persons GB
substitutes
substitute teaching DNB
summer school program EFDA
supervision
facility expansion project CM
of personnel DNA
of students FFCA
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supplementary appropriations CA
supplies CI
surety bonds CE
surplus funds CAK
suspension of board meeting rules BD
suspension of employees
not under contract DMC
under tenure contract DMB
under term contract DMAA
suspension of policies BE
suspension of students
due process FM
fraternities, sororities, and other secret organizations
FKC
from cocurricular activities FK
from school environment FM
handicapped students FM
discipline procedures FMA
long-term FM
possession and use of narcotics, dangerous drugs, and
alcohol FLBE,
short-term FM
summary suspensions FM
-Ttaping of board meetings BDA
TASP requirements EFA, EFB, EI
tax anticipation notes CAH
tax assessor BCAE
tax assessor and collector
bonding of CE
professional requirements BCAE
tax collection BCAE, CAI
tax deposit BCAE
tax funds revenue source CAC
tax hearings CAI
tax officials BCAE
tax rolls BCAE
taxation authorities relations GGA
taxes, ad valorem CAI
teacher aides DBA, DNA
teacher associations DGA, DGB
teacher contracts DDA, DDB
teaching
teaching about religion EFA
technical courses EFAB
temporary buildings CN
temporary disability of employees DEC
temporary personnel DNB
termination, personnel DM, DMAD, DMBA
testing EI
Texas Tomorrow Fund CDDA
time schedules, personnel DI
time warrants CAE
Title IX
coordinator DAA, FA
grievance procedure FA
tornado warnings CG
tournaments FK
traffic and parking controls CHC
transcripts and permanent records, fees, for copies FJ
transfer
and withdrawal FCA
of course credit EGA
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personnel DI
petition, students FBA
students FBA
transportable building requests CLA
transportation management CJ
travel
allowance from federal funds CDDB
allowance from vocational funds CDDB
expenses BBG, DEE
in-district expenses CDDB, DEE
predetermined monthly travel allowance CDDB, DEE
professional trip expenses CDDB, DEE
reimbursement per mile traveled BBG, CDDB, DEE
trespassing
assistance of local law enforcement agencies GFA
trustees (See board of trustees)
truth in taxation requirements CAI
tuberculosis examinations DBB, FFAC
tuition
exemptions FD
income FD
nonresident student FD
refunds FD
summer school EFDA, FD
waiver FD
tutoring for pay DBF
-Uunauthorized person on district property CHA, GFA
underground newspapers FKA
unemployment insurance CKF
unexpired board member term fulfillment BBC
unions, staff membership in DGA
United States Office of Education GGD
universities GI
use and dissemination of test results EI, FJ
use and possession of alcohol and drugs FLBE,
use of district facilities GF
-Vvacancies, board member BBC
vacancies of district personnel DC
vacations
personnel DED
school vacations EA
vaccinations FFAA
vandalism
emergency measures CHA
reporting incidents CHA
vehicle identification insignia CHC
vehicle parking control CHC
vehicles owned by school CJ
vendor relations CFC
veterans DAA, DEC, FB
visitations DK
visitors
campus security CHA
law enforcement agencies GGA
permits GFA
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vocational education contracts , GH
vocational program , EFAB, GH
voting method
at board meetings BD
for election of board officers BCAA
-WWages DEA
warehousing CI
warning systems CG
warrants CAE
weapons FLB
welfare authorities relations GGA
welfare, student FF
withdrawals EGA, FCA
witnesses in student suspension hearings FM
women's rights, employment DAA
work load DJ
work schedules DI
work stoppages DGB
workers' compensation CKE
offsetting regular wages CKE
required coverages CM
workshops, board members BBH
work-study employment FEB
written expression, student FKA, FLA
-X-Y-Zyearbooks FKA
zoning authorities relations GGA
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SOME POLICY TITLES ARE INCLUDED FOR FUTURE EXPANSION
SECTION A: BASIC DISTRICT FOUNDATIONS
AA
COLLEGE DISTRICT LEGAL STATUS AND HISTORY
AB
COLLEGE DISTRICT NAME AND DEFINITIONS
AC
ACA
Branch Campuses
AD
EDUCATIONAL ROLE, MISSION, PURPOSE, AND RESPONSIBILITY
AE
COLLEGE DISTRICT GOALS AND OBJECTIVES
AF
AFA
INSTITUTIONAL EFFECTIVENESS
Performance and Institution Reports
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BRANCH CAMPUSES
BRANCH CAMPUSES,
CENTERS, EXTENSION
FACILITIES
ACA
(LEGAL)
The board of trustees of a junior college district may establish and
operate branch campuses, centers, or extension facilities within the
junior college district’s service area provided that each branch
campus, center, or extension facility, and each course or program
offered in such locations, is subject to the prior and continuing approval of the Coordinating Board. Education Code 130.086(a)
Before any course may be offered by a public junior college within
the service area of another operating public junior college, it must
be established that the second public junior college is not capable
of or is unable to offer the course. After the need is established
and the course is not locally available, then the first public junior
college may offer the course when approval is granted by the Coordinating Board. Education Code 130.086(d)
Notwithstanding Education Code, Chapter 130, Subchapter J [regarding junior college district service areas], the service area of a
junior college district does not include territory within the boundaries of the taxing district of another junior college district. If a
branch campus, center, or extension facility operated by a junior
college district outside its taxing district becomes located within the
taxing district of another junior college district when the other district is established or annexes the territory that includes the campus, center, or facility, the junior college district operating the campus, center, or facility must discontinue the campus, center, or
facility within a reasonable period, not to exceed one academic
year. The junior college district in which the campus, center, or facility is located must fairly compensate the junior college district
that discontinues the campus, center, or facility for any capital improvements that the discontinuing district acquired or constructed
for the campus, center, or facility, to the extent the discontinuing
district is otherwise unable to recover the current value of its investment in that capital improvement, as determined by the Coordinating Board. Education Code 130.086(f)
DEFINITIONS
“BRANCH
CAMPUSES”
“EXTENSION
CENTER OR
EXTENSION
FACILITY”
CONVERSION OPTION
“Branch campuses” operate as out-of-district units of existing
community college districts and provide programs as defined in
Texas Education Code Chapter 130 and set out in 19 Administrative Code 8.25 on an ongoing and permanent basis. 19 TAC 8.1(3)
An “extension center or extension facility” is any single or multiple
location, other than the main campus of a community college district, and is outside the boundaries of the taxing authority of a
community college district. Extension centers and extension facilities are subject to 19 Administrative Code Chapter 4, Subchapter
E. 19 TAC 8.1(7) [See EBA(LEGAL)]
The governing board of a community college district may establish
and operate a branch campus through conversion of an extension
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BRANCH CAMPUSES
ACA
(LEGAL)
center or extension facility, provided that each course and program
has been approved and is subject to the continuing approval of the
Coordinating Board. 19 TAC 8.73
The governing board of a community college district requesting authority to convert an out-of-district center/facility to a branch campus must submit a Letter of Application to the Commissioner of
Higher Education. 19 TAC 8.74(a)
SELF-STUDY
ROLE, MISSION AND
PURPOSE
A self-study must be performed by the district to assess whether
the proposed branch campus meets the criteria outlined below. The
self-study and the extension center or extension facility shall be
reviewed by a Coordinating Board-appointed team, a majority of
which should be community college presidents, for the purposes of
documenting that it meets the standards and criteria described below for quality instruction and support services, as required by the
Commission on Colleges of the Southern Association of Colleges
and Schools and Coordinating Board rules and regulations.
19 TAC 8.74(b)
In its program aspects, a branch campus is equivalent to a public
community college; therefore, it must provide:
1.
Technical programs up to two years in length leading to associate degrees or certificates;
2.
Vocational programs leading directly to employment in semiskilled and skilled occupations;
3.
Freshman and sophomore courses in arts and sciences, including the state-mandated core curriculum;
4.
Continuing adult education programs for occupational or cultural upgrading;
5.
Compensatory education programs designed to fulfill the
commitment of an admissions policy allowing enrollment of
disadvantaged students;
6.
A continuing program of counseling and guidance designed to
assist students in achieving their individual educational goals;
7.
Workforce development programs designed to meet local and
statewide needs;
8.
Adult literacy and other basic skills programs for adults; and
9.
Such other purposes as may be prescribed by the Coordinating Board, or local governing boards, in the best interest of
postsecondary education in Texas.
Education Code 130.086(b); 19 TAC 8.74(b)(1)
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BRANCH CAMPUSES
PROGRAMS AND
COURSES
ACA
(LEGAL)
All courses, programs, and degrees shall be offered in the name of
the parent district and shall be subject to the following criteria:
1.
Courses and programs must meet the role, mission, and purposes as described herein;
2.
Courses and programs must be developed and operated with
the ongoing assistance and involvement of the parent district
faculty and staff; and
3.
Instructional faculty credentials, full-time/part-time faculty ratios, teaching loads, faculty performance evaluation and effectiveness, student accessibility to faculty, and the like must be
reviewed to ensure that these elements contribute to the quality of courses and programs offered.
19 TAC 8.74(b)(2)
DESCRIPTION OF
STAFFING PLAN
There must be sufficient academic and student support staff to
meet the needs of faculty and students at the branch campus.
19 TAC 8.74(b)(3)
FUNDING
The branch campus shall be supported either by means of a
branch campus maintenance tax as set forth in 19 Administrative
Code Chapter 8, Subchapter E (relating to Branch Campus
Maintenance Tax, see CAI), or by local sources of community
and/or economic support.
If a local tax is not levied, local sources of support must be furnished at a level sufficient to provide adequate facilities needed at
the proposed branch campus location. “Facilities” include the operation and maintenance of the physical plant including any rehabilitation and repairs. Local sources of support may be “in kind.”
Appropriate accounts that comply with generally accepted accounting principles for the branch campus must be kept and financial
reports submitted as required for community college districts.
State aid shall be earned according to appropriated formula rates.
19 TAC 8.74(b)(4)
REGIONAL HIGHER
EDUCATION
COUNCIL REVIEW
AND
CERTIFICATION
The regional higher education council within which the proposed
branch campus is to be located must review the branch campus
request only if the proposed branch campus is within a shared services area designated by statute. Member institutions must discuss the proposal with all councils affected and the minutes shall
reflect the discussions. If appropriate, a recommendation for approval or disapproval shall be submitted to the Commissioner of
Higher Education but shall not be binding on the Commissioner or
the Coordinating Board. 19 TAC 8.74(b)(5)
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BRANCH CAMPUSES
PUBLIC HEARINGS
ACA
(LEGAL)
The Coordinating Board’s Committee on Institutional Effectiveness
and Excellence may conduct one or more public hearings on the
proposed branch campus to:
1.
Assess public sentiment regarding the proposed branch campus;
2.
Determine whether programs in the proposed branch campus
will create unnecessary duplication or seriously harm programs in existing community college districts or other institutions of higher education in the area; and
3.
Assess the potential impact of the proposed branch campus
on existing community colleges or other institutions of higher
education in the area and on the state of Texas.
19 TAC 8.74(c)
RECOMMENDATION
After the self-study has been reviewed and a site visit conducted
by Coordinating Board staff, a report from the Coordinating Board
staff shall be submitted to the Commissioner of Higher Education
indicating whether the criteria above at SELF-STUDY have been
met. The report shall include a recommendation for approval or
denial of the request for the establishment of the proposed branch
campus but shall not be binding on the Commissioner of Higher
Education or the Coordinating Board. 19 TAC 8.74(d)
COORDINATING
BOARD APPROVAL
Coordinating Board action on the request for approval for establishment of the branch campus shall be taken at the next regularly
scheduled quarterly Coordinating Board meeting. In making its
decision, the Coordinating Board shall consider the needs of the
district, the needs of the community served by the proposed
branch campus, the potential impact on other institutions of higher
education, and the welfare of the state as a whole.
Branch campus designation shall be used only upon approval by
the Coordinating Board.
If the Coordinating Board approves establishment of a branch
campus, the governing board of the community college district may
accept or acquire by purchase or rent, land and facilities in the
name of the said institution.
Coordinating Board-approved branch campus sites shall be
considered as auxiliary locations for the purposes of the
Coordinating Board’s distance learning rules and regulations as
outlined under 19 Administrative Code Chapter 4, Subchapter E
(relating to Approval of Distance Education and Off-Campus
Instruction for Public Colleges and Universities, see EBA).
19 TAC 8.75(a), (c)–(e)
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BRANCH CAMPUSES
WITHDRAWAL OF
APPROVAL
ACA
(LEGAL)
The Coordinating Board may withdraw approval for a branch campus whenever the Board:
1.
Approves the establishment of a community college district
that includes the site of the branch campus;
2.
Approves the merger of the out-of-district area that includes
the site of the branch campus with the parent district; or
3.
Determines that the community college district has failed to
maintain the standards and criteria of Coordinating Board
rules and regulations at the branch campus.
19 TAC 8.76
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COPYRIGHTED
MATERIAL
CT
(LEGAL)
Copyright protection subsists, in accordance with United States
Copyright Law, 17 U.S.C. 101–1332, in original works of authorship
fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or
device. Works of authorship include the following categories:
1.
Literary works;
2.
Musical works, including any accompanying words;
3.
Dramatic works, including any accompanying music;
4.
Pantomimes and choreographic works;
5.
Pictorial, graphic, and sculptural works;
6.
Motion pictures and other audiovisual works;
7.
Sound recordings; and
8.
Architectural works.
In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such
work.
17 U.S.C. 102
OWNERSHIP OF
COPYRIGHT
WORK FOR HIRE
Copyright in a work protected under United States Copyright Law
vests initially in the author or authors of the work. The authors of a
joint work are co-owners of copyright in the work. 17 U.S.C. 201(a)
In the case of a work made for hire, the employer or other person
for whom the work was prepared is considered the author for purposes of United States Copyright Law, and, unless the parties have
expressly agreed otherwise in a written instrument signed by them,
owns all of the rights comprised in the copyright. 17 U.S.C. 201(b)
A “work made for hire” is:
1.
A work prepared by an employee within the scope of his or
her employment; or
2.
A work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or
other audiovisual work, as a translation, as a supplementary
work, as a compilation, as an instructional text, as a test, as
answer material for a test, or as an atlas, if the parties ex-
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CT
(LEGAL)
pressly agree in a written instrument signed by them that the
work shall be considered a work made for hire.
A “supplementary work” is a work prepared for publication as a
secondary adjunct to a work by another author for the purpose of
introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests,
bibliographies, appendixes, and indexes.
An “instructional text” is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.
17 U.S.C. 101
TRANSFER
OWNERSHIP
The ownership of a copyright may be transferred in whole or in part
by any means of conveyance or by operation of law, and may be
bequeathed by will or pass as personal property by the applicable
laws of intestate succession.
Any of the exclusive rights comprised in a copyright, including any
subdivision of any of the rights specified by 17 U.S.C. 106, may be
transferred and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner.
17 U.S.C. 201(d)
REGISTERING A
COPYRIGHT
At any time during the subsistence of the first term of copyright in
any published or unpublished work in which the copyright was secured before January 1, 1978, and during the subsistence of any
copyright secured on or after that date, the owner of copyright or of
any exclusive right in the work may obtain registration of the copyright claim by registering in accordance with 17 U.S.C. 408–409
and 708. Such registration is not a condition of copyright protection. 17 U.S.C. 408(a)
EXCLUSIVE RIGHTS
Subject to 17 U.S.C. 107–122, the owner of a copyright has the
exclusive rights:
1.
To reproduce the copyrighted work in copies or phonorecords;
2.
To prepare derivative works based upon the copyrighted
work;
3.
To distribute copies or phonorecords of the copyrighted work
to the public by sale or other transfer of ownership, or by
rental, lease, or lending;
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4.
In the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
5.
In the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or
other audiovisual work, to display the copyrighted work publicly; and
6.
In the case of sound recordings, to perform the copyrighted
work publicly by means of a digital audio transmission.
17 U.S.C. 106
FAIR USE
An exception to the exclusive rights enjoyed by copyright owners is
the doctrine of fair use. The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any
other means specified by 17 U.S.C. 106, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. The following factors shall be considered in
determining fair use:
1.
The purpose and character of the use, including whether the
use is of a commercial nature or for nonprofit educational
purposes.
2.
The nature of the copyrighted work.
3.
The amount and importance of the portion used in relation to
the copyrighted work as a whole.
4.
The effect of the use upon the potential market for or value of
the copyrighted work.
17 U.S.C. 107
PERFORMANCES
AND DISPLAYS
FACE-TO-FACE
TEACHING
ACTIVITIES
DISTANCE
EDUCATION
Additional exceptions related to performances and displays include
performance or display of a work by instructors or pupils in the
course of face-to-face teaching activities of a nonprofit educational
institution, in a classroom or similar place devoted to instruction,
unless, in the case of a motion picture or other audiovisual work,
the performance, or the display of individual images, is given by
means of a copy that was not lawfully made under United States
Copyright Law, and that the person responsible for the performance knew or had reason to believe was not lawfully made.
17 U.S.C. 110(1)
Except with respect to a work produced or marketed primarily for
performance or display as part of mediated instructional activities
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transmitted via digital networks, or a performance or display that is
given by means of a copy or phonorecord that is not lawfully made
and acquired under this title, and the transmitting government body
or accredited nonprofit educational institution knew or had reason
to believe was not lawfully made and acquired, the performance of
a nondramatic literary or musical work or reasonable and limited
portions of any other work, or display of a work in an amount comparable to that which is typically displayed in the course of a live
classroom session, by or in the course of a transmission, is not a
copyright infringement if:
1.
The performance or display is made by, at the direction of, or
under the actual supervision of an instructor as an integral
part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental
body or an accredited nonprofit educational institution;
2.
The performance or display is directly related and of material
assistance to the teaching content of the transmission;
3.
The transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to students officially enrolled in the course for which the
transmission is made or officers or employees of governmental bodies as a part of their official duties or employment; and
4.
The transmitting body or institution:
a.
institutes policies regarding copyright, provides informational materials to faculty, students, and relevant staff
members that accurately describe, and promote compliance with, the laws of the United States relating to copyright, and provides notice to students that materials used
in connection with the course may be subject to copyright protection; and
b.
in the case of digital transmissions:
(1)
applies technological measures that reasonably
prevent retention of the work in accessible form by
recipients of the transmission from the transmitting
body or institution for longer than the class session;
and unauthorized further dissemination of the work
in accessible form by such recipients to others; and
(2)
does not engage in conduct that could reasonably
be expected to interfere with technological
measures used by copyright owners to prevent
such retention or unauthorized further dissemination.
17 U.S.C. 110(2)
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“Mediated instructional activities” with respect to the performance
or display of a work by digital transmission under 17 U.S.C. section
110 refers to activities that use such work as an integral part of the
class experience, controlled by or under the actual supervision of
the instructor and analogous to the type of performance or display
that would take place in a live classroom setting. The term does not
refer to activities that use, in one or more class sessions of a single
course, such works as textbooks, course packs, or other material in
any media, copies or phonorecords of which are typically purchased or acquired by the students in higher education for their
independent use and retention or are typically purchased or acquired for elementary and secondary students for their possession
and independent use. 17 U.S.C. 110
GUIDELINES
PROHIBITIONS
The purpose of the “Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions” and “Guidelines for
Educational Uses of Music” is to state the minimum and not the
maximum standards of educational fair use under 17 U.S.C 107.
The guidelines are not intended to limit the types of copying permitted under the standards of fair use under judicial decision and
which are stated in Section 107. There may be instances in which
copying that does not fall within the guidelines may nonetheless be
permitted under the criteria of fair use.
Notwithstanding the fair use guidelines, the following shall be
prohibited:
1.
Copying of print materials and sheet music to create or replace or substitute for anthologies, compilations, or collective
works. This prohibition against replacement or substitution
applies whether copies of various works or excerpts are accumulated, or reproduced and used separately.
2.
Copying of or from works intended to be “consumable” in the
course of study or teaching. These works include workbooks,
exercises, standardized tests, test booklets, answer sheets,
and like consumable material.
Copying shall not substitute for the purchase of books, publishers’
reprints, or periodicals; be directed by higher authority; or be repeated with respect to the same item by the same teacher from
term to term.
No charge shall be made to the student beyond the actual cost of
the photocopying.
Additional prohibitions regarding the use of music are:
1.
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Copying for the purpose of performance, except as permitted
under the “Guidelines for Educational Use of Music.”
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(LEGAL)
2.
Copying for the purpose of substituting for the purchase of
music, except as permitted under the “Guidelines for Educational Use of Music.”
3.
Copying without inclusion of the copyright notice that appears
on the printed copy.
REFERENCE
“Agreement on Guidelines for Classroom Copying in Not-for-Profit
Educational Institutions” and “Guidelines for Educational Use of
Music” are contained in the historical note following 17 U.S.C. 107.
BROADCAST
PROGRAMS
Broadcast programs, including commercial and public television
and radio, shall not be videotaped or tape recorded for reuse without permission, except within the following guidelines:
1.
A broadcast program may be recorded off-air simultaneously
with broadcast transmission (including simultaneous cable retransmission) and retained by the college district for a period
not to exceed the first 45 consecutive calendar days after
date of recording. At the end of that retention period, off-air
recordings shall be erased or destroyed.
2.
Off-air recordings may be used once by individual teachers in
the course of relevant teaching activities and repeated once
only when instructional reinforcement is necessary during the
first ten consecutive school days within the 45-calendar-day
retention period. “School days” are actual days of instruction,
excluding examination periods.
3.
Off-air recordings shall be made at the request of and used by
individual teachers and shall not be regularly recorded in anticipation of requests. No broadcast program shall be recorded off-air more than once at the request of the same teacher,
regardless of the number of times the program is broadcast.
4.
A limited number of copies may be reproduced from each offair recording to meet the legitimate needs of teachers under
these guidelines. Each such additional copy shall be subject
to all provisions governing the original recording. All copies of
off-air recordings shall include the copyright notice on the
broadcast program as recorded.
5.
After the first ten consecutive school days, off-air recordings
may be used up to the end of the 45-calendar-day retention
period only to determine whether or not to include the broadcast program in the teaching curriculum and shall not be used
in the college district for student exhibition or any other
nonevaluative purpose without authorization.
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CT
(LEGAL)
Off-air recordings need not be used in their entirety, but the
recorded programs shall not be altered from their original content. Off-air recordings shall not be physically or electronically
combined or merged to constitute teaching anthologies or
compilations.
17 U.S.C. 107 historical note
COPYRIGHT
INFRINGEMENT
Anyone who violates any of the exclusive rights of the copyright
owner or of the author as provided in 17 U.S.C. 106A(a) is an infringer of the copyright or right of the author. The legal or beneficial
owner of an exclusive right under a copyright is entitled, subject to
the requirements of 17 U.S.C. 411, to institute an action for any
infringement of that particular right committed while he or she is the
owner of it. 17 U.S.C. 501(a)–(b)
ONLINE COPYRIGHT
INFRINGEMENT
A “service provider” (regarding online services) under 17 U.S.C.
512(k) that meets the conditions in 17 U.S.C. 512 shall not be liable for monetary relief or certain injunctive or other equitable relief,
except as allowed under 17 U.S.C. 512(j), for copyright infringement in certain online services (transitory communications, system
caching, storage of information on systems or networks at the instruction of users, and information location tools) provided by the
service provider. 17 U.S.C. 512
LIMITATION OF
LIABILITY
ELIGIBILITY FOR
LIMITATIONS ON
LIABILITY
The limitations on liability established by 17 U.S.C. 512 shall apply
to a service provider only if the service provider:
1.
Has adopted and reasonably implemented, and informs subscribers and account holders of the service provider’s system
or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders
of the service provider’s system or network who are repeat infringers; and
2.
Accommodates and does not interfere with standard technical
measures. The term “standard technical measures” means
technical measures that are used by copyright owners to
identify or protect copyrighted works and:
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a.
Have been developed pursuant to a broad consensus of
copyright owners and service providers in an open, fair,
voluntary, multi-industry standards process;
b.
Are available to any person on reasonable and nondiscriminatory terms; and
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c.
Do not impose substantial costs on service providers or
substantial burdens on their systems or networks.
17 U.S.C. 512(i)
LIMITED
LIABILITY
INFORMATION
RESIDING ON
SYSTEMS OR
NETWORKS AT
DIRECTION OF
USERS
Generally, a service provider shall not be liable for monetary relief,
or for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material
that resided on a system or network controlled or operated by or
for the service provider, if the service provider:
1.
Does not have actual knowledge that the material or activity
using the material on the system or network is infringing; in
the absence of such actual knowledge, is not aware of facts
or circumstances from which infringing activity is apparent; or
upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
2.
Does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has
the right and ability to control such activity;
3.
Upon notification of claimed infringement as described in 17
U.S.C. 512(c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to
be the subject of infringing activity; and
4.
Has designated an agent to receive notifications of claimed
infringement described in 17 U.S.C. 512(c)(3), by making
available through its service, including on its Web site in a location accessible to the public, and by providing to the Copyright Office, certain contact information.
17 U.S.C. 512(c)(1)–(2); 37 C.F.R. 201.38
FACULTY
PERFORMING
TEACHING OR
RESEARCH
FUNCTIONS
When a public or other nonprofit institution of higher education, including a college district, is a service provider, and when a faculty
member is performing a teaching or research function, for the purposes of 17 U.S.C. 512(a) and 512(b) such faculty member shall
be considered to be a person other than the institution, and for the
purposes of 17 U.S.C. 512(c) and 512(d) such faculty member’s
knowledge or awareness of his or her infringing activities shall not
be attributed to the institution if:
1.
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Such faculty member’s infringing activities do not involve the
provision of online access to instructional materials that are or
were required or recommended, within the preceding threeyear period, for a course taught at the institution by such faculty member;
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2.
The institution has not, within the preceding three-year period,
received more than two notifications described in 17 U.S.C.
512(c)(3) of claimed infringement by such faculty member,
and such notifications of claimed infringement were not actionable under 17 U.S.C. 512(f); and
3.
The institution provides to all users of its system or network
informational materials that accurately describe, and promote
compliance with, the laws of the United States relating to
copyright.
17 U.S.C. 512(e)
OTHER
ONLINE
SERVICES
Generally, liability of a service provider for copyright infringement
may also be limited upon certain conditions for transitory communications, system caching, and information location tools services.
17 U.S.C. 512(a)–(b), (d)
DISABLING OR
REMOVING
ACCESS
Generally, a service provider shall not be liable to any person for
any claim based on the service provider’s good faith disabling of
access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing. 17 U.S.C. 512(g)
Note:
TRADEMARKED
MATERIAL UNDER
FEDERAL LAW
“TRADEMARK”
“SERVICE MARK”
Further information regarding copyrights and the Digital
Millennium Copyright Act can be found at:
http://www.copyright.gov.
The term “trademark” includes any word, name, symbol, or device,
or any combination thereof, used by a person or which a person
has a bona fide intention to use in commerce and applies to register on the principal register to identify and distinguish his or her
goods, including a unique product, from those manufactured or
sold by others and to indicate the source of the goods, even if that
source is unknown.
The term “service mark” means any word, name, symbol, or device, or any combination thereof, used by a person or which a person has a bona fide intention to use in commerce and applies to
register on the principal register to identify and distinguish the services of one person, including a unique service, from the services
of others and to indicate the source of the services, even if that
source is unknown. Titles, character names, and other distinctive
features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.
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“CERTIFICATION
MARK”
The term “certification mark” means any word, name, symbol, or
device, or any combination thereof, used by a person other than its
owner or which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register to certify regional or other
origin, material, mode of manufacture, quality, accuracy, or other
characteristics of such person’s goods or services or that the work
or labor on the goods or services was performed by members of a
union or other organization.
“COLLECTIVE
MARK”
The term “collective mark” means a trademark or service mark
used by the members of a cooperative, an association, or other
collective group or organization or which such cooperative, association, or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal
register and includes marks indicating membership in a union, an
association, or other organization.
15 U.S.C. 1127
REGISTERING A
MARK
Trademarks, service marks, collective marks, and certification
marks may be registered in accordance with the Trademark Act of
1946, 15 U.S.C. 1051–1142. 15 U.S.C. 1051–1054
ASSIGNMENT OF A
MARK
A registered mark or a mark for which an application to register has
been filed shall be assignable with the good will of the business in
which the mark is used, or with that part of the good will of the
business connected with the use of and symbolized by the mark in
accordance with 15 U.S.C. 1060. 15 U.S.C. 1060(a)(1)
LIABILITY
Any person shall be liable in a civil action by the registrant for the
remedies provided in 15 U.S.C. 1114 if the person, without the
consent of the registrant:
1.
Uses in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the
sale, offering for sale, distribution, or advertising of any goods
or services on or in connection with which such use is likely to
cause confusion, or to cause mistake, or to deceive; or
2.
Reproduces, counterfeits, copies or colorably imitates a registered mark and applies such reproduction, counterfeit, copy or
colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used in
commerce upon or in connection with the sale, offering for
sale, distribution, or advertising of goods or services on or in
connection with which such use is likely to cause confusion,
or to cause mistake, or to deceive.
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Under item 2 above, the registrant shall not be entitled to recover
profits or damages unless the acts have been committed with
knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.
15 U.S.C. 1114(1)
Note:
TRADEMARKED
MATERIAL UNDER
STATE LAW
Further information regarding federal trademarks can be
found at http://www.uspto.gov/trademarks.
The term "service mark" means a word, name, symbol, or device,
or any combination of those terms, used by a person to identify
and distinguish the services of one person, including a unique service, from the services of another; and indicate the source of the
services, regardless of whether the source is unknown; and includes the titles, character names used by a person, and other distinctive features of radio or television programs, regardless of
whether the titles, character names, or programs advertise the
sponsor's goods. Business and Commerce Code 16.001(8)
The term "trademark" means a word, name, symbol, or device, or
any combination of those terms, used by a person to identify and
distinguish the person's goods, including a unique product, from
the goods manufactured or sold by another; and indicate the
source of the goods, regardless of whether the source is unknown.
Business and Commerce Code 16.001(10)
REGISTRATION
A service mark or trademark may be registered in accordance with
Business and Commerce Code Chapter 16 and 1 Administrative
Code Chapter 93. Business and Commerce Code 16.051-.066; 1
TAC 93.31-.124, .141-.144
ASSIGNMENT OF A
MARK AND
REGISTRATION
A mark and its registration are assignable with the goodwill of the
business in which the mark is used, or with that part of the goodwill
of the business connected with the use of, and symbolized by, the
mark. An assignment must be made by a properly executed written instrument and may be recorded with the Texas Secretary of
State in accordance with Business and Commerce Code 16.061.
Business and Commerce Code 16.061; 1 TAC 93.131
INFRINGEMENT
Subject to Business and Commerce Code 16.107, a person commits an infringement if the person:
1.
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Without the registrant's consent, uses anywhere in this state a
reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with selling, offering for sale, or
advertising goods or services when the use is likely to deceive or cause confusion or mistake as to the source or origin
of the goods or services; or
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Reproduces, counterfeits, copies, or colorably imitates a registered mark and applies the reproduction, counterfeit, copy,
or colorable imitation to a label, sign, print, package, wrapper,
receptacle, or advertisement intended to be used in selling or
distributing, or in connection with the sale or distribution of,
goods or services in this state.
A registrant may sue for damages and to enjoin an infringement.
Business and Commerce Code 16.102(a)–(b)
Note:
PATENTS
“INVENTION”
Further information regarding state trademarks can be
found at
http://www.sos.state.tx.us/corp/tradepatents.shtml.
The term “invention” means invention or discovery. 35 U.S.C.
100(a)
“‘PROCESS”’
The term “process” means process, art, or method, and includes a
new use of a known process, machine, manufacture, composition
of matter, or material. 35 U.S.C. 100(b)
OBTAINING A
PATENT
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement, may obtain a patent, subject to the conditions and
requirements of 35 U.S.C. 1-376. 35 U.S.C. 101
ASSIGNMENT OF
PATENT
Applications for patent, patents, or any interest therein, shall be
assignable in law by an instrument in writing. The applicant, patentee, or his assigned or legal representatives may in like manner
grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United
States. 35 U.S.C. 261
INFRINGEMENT OF
PATENTS
Except as otherwise provided in 35 U.S.C. 1-376, whoever without
authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any
patented invention during the term of the patent, infringes the patent.
Whoever actively induces infringement of a patent shall be liable as
an infringer.
Whoever offers to sell or sells within the United States or imports
into the United States a component of a patented machine, manufacture, combination, or composition, or a material or apparatus for
use in practicing a patented process, constituting a material part of
the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial
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noninfringing use, shall be liable as a contributory infringer.
35 U.S.C. 271(a)–(c)
Note:
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Further information regarding patents can be found at
http://www.uspto.gov/patents.
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SECTION D: PERSONNEL
DA
DAA
DAAA
DAB
EMPLOYMENT OBJECTIVES
Equal Employment Opportunity
Genetic Nondiscrimination
Objective Criteria for Personnel Decisions
DB
DBA
DBB
DBC
DBD
DBE
DBF
EMPLOYMENT REQUIREMENTS AND RESTRICTIONS
Credentials and Records
Medical Examinations and Communicable Diseases
Oath of Office
Conflict of Interest
Nepotism
Nonschool Employment
DC
HIRING PRACTICES
DD
DDA
DDB
DDC
CONTRACT AND AT-WILL EMPLOYMENT
Term Contracts
Tenure
At-Will Employment
DE
DEA
DEB
DEC
DECA
DECB
DED
DEE
Salaries and Wages
Fringe Benefits
Leaves and Absences
Family and Medical Leave
Military Leave
Vacations and Holidays
Expense Reimbursement
DF
RETIREMENT PROGRAMS
DG
DGA
DGB
DGBA
DGC
DGD
EMPLOYEE RIGHTS AND PRIVILEGES
Freedom of Association
Personnel-Management Relations
Employee Grievances
Academic Freedom and Responsibilities
Employee Use of College District Facilities
DH
DHB
Searches and Alcohol/Drug Testing
DI
ASSIGNMENT AND SCHEDULES
DJ
WORK LOAD
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SECTION D: PERSONNEL
DK
PROFESSIONAL DEVELOPMENT
DL
DLA
DLB
DLC
STATUS OF EMPLOYMENT
Evaluation
Probation
Promotion and Demotion
DM
DMA
DMAA
DMAB
DMAC
DMAD
DMB
DMBA
TERMINATION OF EMPLOYMENT
Term Contracts
Dismissal
Nonrenewal
Resignation
Reduction in Force
Tenure
Reduction in Force
DN
DNA
DNB
PERSONNEL POSITIONS
Qualifications and Duties
Substitute, Temporary, and Part-time Positions
DO
DOA
EMPLOYEE WELFARE
Freedom from Discrimination, Harassment, and Retaliation
DP
EMPLOYEE AWARDS
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The governing board of each institution of higher education, including each college district, shall establish faculty compensation policies that, to the greatest extent possible, provide the faculty with an
average salary and benefits at least equal to the average of that
provided by similar institutions nationwide having a similar role and
mission.
The Coordinating Board shall include information relating to national average salary and benefits and shall correlate that information to Texas schools having similar roles and missions, in the
master plan for higher education and in the appropriate reports to
the legislature.
Education Code 51.908
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SALARIES AND WAGES
FAIR LABOR
STANDARDS ACT
MINIMUM WAGE
AND OVERTIME
BREAKS FOR
NONEXEMPT
EMPLOYEES
DEA
(LEGAL)
Unless an exemption applies, each employer, including each college district, shall pay each of its employees not less than minimum
wage for all hours worked. 29 U.S.C. 206(a)
Unless an exemption applies, an employer shall pay an employee
not less than one and one-half times the employee’s regular rate of
pay for all hours worked in excess of 40 in any workweek, in accordance with 29 C.F.R. Part 778. 29 U.S.C. 207(a)(1); 29 C.F.R.
778
Rest periods of up to 20 minutes must be counted as hours
worked. Coffee breaks or time for snacks are rest periods, not
meal periods. 29 C.F.R. 785.18, .19(a)
Bona fide meal periods of 30 minutes or more are not counted as
hours worked if the employee is completely relieved from duty.
The employee is not relieved from duty if the employee is required
to perform any duties, whether active or inactive, while eating. For
example, an office employee who is required to eat at his or her
desk is working while eating. It is not necessary that an employee
be permitted to leave the premises if the employee is otherwise
completely freed from duties during the meal period. 29 C.F.R.
785.19
BREAKS FOR
NURSING
MOTHERS
An employer shall provide a nonexempt employee a reasonable
break to express breast milk, each time the employee needs to express breast milk for her nursing child, for one year after the child’s
birth. An employer shall provide a place, other than a bathroom,
that is shielded from view and free from intrusion from coworkers
and the public, which may be used by an employee to express
breast milk.
An employer is not required to compensate the employee receiving
reasonable break time for any work time spent for such purpose.
An employer that employs fewer than 50 employees is not subject
to these requirements if the requirements would impose an undue
hardship by causing the employer significant difficulty or expense
when considered in relation to the size, financial resources, nature,
or structure of the employer’s business.
29 U.S.C. 207(r)
COMPENSATORY
TIME
ACCRUAL
Nonexempt employees may receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and onehalf hours for each hour of overtime work, pursuant to an agreement or understanding arrived at between the employer and employee before the performance of the work. Such agreement or
understanding may be informal, such as when an employee works
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overtime knowing that the employer rewards overtime with compensatory time.
An employee may accrue not more than 240 hours of compensatory time. If the employee’s overtime work included a public safety
activity, an emergency response activity, or a seasonal activity, the
employee may accrue not more than 480 hours of compensatory
time. After the employee has reached these limits, the employee
shall be paid overtime compensation for additional overtime work.
29 U.S.C. 207(o)(1)-(2), (3)(A); 29 C.F.R. 553.23(c)(1); Christensen
v. Harris County, 529 U.S. 576 (2000)
PAYMENT FOR
ACCRUED TIME
Compensation paid to an employee for accrued compensatory time
shall be paid at the regular rate earned by the employee at the time
of payment. An employee who has accrued compensatory time off
shall be paid for any unused compensatory time upon separation
from employment at the rates set forth at 29 U.S.C. 207(o)(4). 29
U.S.C. 207(o)(3)(B), (4)
USE
An employee who has requested the use of compensatory time
shall be permitted to use such time within a reasonable period after
making the request if the use of the compensatory time does not
unduly disrupt the operations of the employer.
The Fair Labor Standards Act does not prohibit an employer from
compelling the use of accrued compensatory time.
29 U.S.C. 207(o)(5); Christensen v. Harris County, 529 U.S. 576
(2000); Houston Police Officers’ Union v. City of Houston, 330 F.3d
298 (5th Cir. 2003)
EXEMPT
EMPLOYEES
ADMINISTRATIVE
EMPLOYEE
The minimum wage and overtime provisions do not apply to any
employee employed in a bona fide executive, administrative, or
professional capacity. 29 U.S.C. 213(a)(1)
The term “employee employed in a bona fide administrative capacity” shall mean any employee:
1.
Compensated on a salary or fee basis at a rate of not less
than $455 per week, exclusive of board, lodging, or other facilities;
2.
Whose primary duty is the performance of office or nonmanual work directly related to the management or general
business operations of the employer or the employer's customers; and
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Whose primary duty includes the exercise of discretion and
independent judgment with respect to matters of significance.
29 C.F.R. 541.200(a)
ACADEMIC
ADMINISTRATOR
The term ‘‘employee employed in a bona fide administrative capacity’’ also includes an employee:
1.
Who is compensated for services on a salary or fee basis at a
rate of not less than $455 per week exclusive of board, lodging, or other facilities, or on a salary basis that is at least
equal to the entrance salary for teachers in the educational
establishment by which employed; and
2.
Whose primary duty is performing administrative functions
directly related to academic instruction or training in an educational establishment or department or subdivision thereof.
“Performing administrative functions directly related to academic
instruction or training’’ means work related to the academic operations and functions in a school rather than to administration along
the lines of general business operations. Such academic administrative functions include operations directly in the field of education.
Jobs relating to areas outside the educational field are not within
the definition of academic administration.
Employees engaged in academic administrative functions include:
1.
Department heads in institutions of higher education responsible for the administration of the mathematics department,
the English department, the foreign language department, and
the like;
2.
Academic counselors who perform work such as administering school testing programs, assisting students with academic
problems and advising students concerning degree requirements; and
3.
Other employees with similar responsibilities.
Jobs relating to building management and maintenance, jobs relating to the health of the students, and academic staff such as social
workers, psychologists, lunch room managers, or dietitians do not
perform academic administrative functions, although such employees may qualify for another exemption.
29 C.F.R. 541.204
PROFESSIONAL
EMPLOYEE
An “employee employed in a bona fide professional capacity” shall
mean any employee:
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1.
Compensated on a salary or fee basis at a rate of not less
than $455 per week, exclusive of board, lodging, or other facilities; and
2.
Whose primary duty is the performance of work requiring
knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized
intellectual instruction; or requiring invention, imagination,
originality, or talent in a recognized field of artistic or creative
endeavor.
29 C.F.R. 541.300(a)
FACULTY
The term ‘‘employee employed in a bona fide professional capacity’’ also means any employee with a primary duty of teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge
and who is employed and engaged in this activity as a teacher in
an educational establishment by which the employee is employed.
The term “educational establishment” means an institution of higher education or other educational institution. The salary basis requirements do not apply to teaching professionals.
Exempt teachers include: regular academic teachers; teachers of
kindergarten or nursery school pupils; teachers of gifted or disabled
children; teachers of skilled and semi-skilled trades and occupations; teachers engaged in automobile driving instruction; aircraft
flight instructors; home economics teachers; and vocal or instrumental music instructors. Those faculty members who are engaged as teachers but also spend a considerable amount of their
time in extracurricular activities such as coaching athletic teams or
acting as moderators or advisors in such areas as drama, speech,
debate, or journalism are engaged in teaching. Such activities are
a recognized part of the schools’ responsibility in contributing to the
educational development of the student.
The possession of an elementary or secondary teacher’s certificate
provides a clear means of identifying the individuals contemplated
as being within the scope of the exemption for teaching professionals. Teachers who possess a teaching certificate qualify for the
exemption regardless of the terminology (e.g., permanent, conditional, standard, provisional, temporary, emergency, or unlimited)
used by the state to refer to different kinds of certificates. However, a teacher's certificate is not generally necessary for employment in institutions of higher education or other educational establishments. Therefore, a teacher who is not certified may be
considered for exemption, provided that such individual is employed as a teacher by the employing school or school system.
29 C.F.R. 541.204(b), .303
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OTHER
PROFESSIONALS
COMPUTER
EMPLOYEES
DEA
(LEGAL)
The professional employee exemption also applies to learned professionals, as described by 29 C.F.R. 541.301; creative professionals, as described by 29 C.F.R. 541.302; and employees engaged in the practice of law or medicine, as described by 29 C.F.R.
541.304.
Computer systems analysts, computer programmers, software engineers, or other similarly skilled workers in the computer field are
eligible for exemption as professionals. Because job titles vary
widely and change quickly in the computer industry, job titles are
not determinative of the applicability of this exemption.
The exemption applies to any computer employee compensated
on a salary or fee basis at a rate of not less than $455 per week,
exclusive of board, lodging or other facilities and to any computer
employee compensated on an hourly basis at a rate not less than
$27.63 an hour. In addition, the exemption applies only to computer employees whose primary duty consists of:
1.
The application of systems analysis techniques and procedures, including consulting with users, to determine hardware,
software, or system functional specifications;
2.
The design, development, documentation, analysis, creation,
testing, or modification of computer systems or programs, including prototypes, based on and related to user or system
design specifications;
3.
The design, documentation, testing, creation, or modification
of computer programs related to machine operating systems;
or
4.
A combination of the aforementioned duties, the performance
of which requires the same level of skills.
Computer employees within the scope of this exemption, as well as
those employees not within its scope, may also have executive and
administrative duties that qualify the employees for exemption under 29 C.F.R. Part 541, Subpart B or Subpart C. For example, systems analysts and computer programmers generally meet the duties requirements for the administrative exemption if their primary
duty includes work such as planning, scheduling, and coordinating
activities required to develop systems to solve complex business,
scientific, or engineering problems of the employer or the employer's customers. Similarly, a senior or lead computer programmer
who manages the work of two or more other programmers in a
customarily recognized department or subdivision of the employer,
and whose recommendations as to the hiring, firing, advancement,
promotion, or other change of status of the other programmers are
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given particular weight, generally meets the duties requirements for
the executive exemption.
29 C.F.R. 541.400, .402
SALARY BASIS
To qualify as an exempt executive, administrative, or professional
employee, the employee must be compensated on a salary basis
as described in 29 C.F.R. 541.600, unless the employee is a
teacher or the employee holds a valid license or certificate permitting the practice of law or medicine or any of their branches and is
actually engaged in the practice thereof. Subject to the exceptions
listed in 29 C.F.R. 541.602, an employee must receive the full salary for any week in which the employee performs any work, without
regard to the number of days or hours worked. An employer that
makes improper deductions from salary shall lose the exemption if
the facts demonstrate that the employer did not intend to pay exempt employees on a salary basis. 29 C.F.R. 541.600, .602(a),
.603
HIGHLY
COMPENSATED
EMPLOYEES
An employee with total annual compensation, as described by 29
C.F.R. 541.601, of at least $100,000 is deemed exempt if the employee customarily and regularly performs any one or more of the
exempt duties or responsibilities of an executive, administrative or
professional employee identified in 29 C.F.R. Part 541, Subparts B,
C, or D. 29 C.F.R. 541.601
PARTIAL-DAY
DEDUCTIONS
An employee of a public agency who otherwise meets the salary
basis requirements shall not be disqualified from exemption on the
basis that the employee is paid according to a pay system established by statute, ordinance, or regulation, or by a policy or practice
established pursuant to principles of public accountability, under
which the employee accrues personal leave and sick leave and
that requires the employee’s pay to be reduced or the employee to
be placed on leave without pay for absences for personal reasons
or because of illness or injury of less than one workday when accrued leave is not used by an employee because:
1.
Permission for its use has not been sought or has been
sought and denied;
2.
Accrued leave has been exhausted; or
3.
The employee chooses to use leave without pay.
Deductions from the pay of an employee of a public agency for absences due to a budget-required furlough shall not disqualify the
employee from being paid on a salary basis except in the work
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week in which the furlough occurs and for which the employee’s
pay is accordingly reduced.
29 C.F.R. 541.710
SAFE HARBOR
POLICY
If an employer has a clearly communicated policy that prohibits improper pay deductions and includes a complaint mechanism, reimburses employees for any improper deductions, and makes a good
faith commitment to comply in the future, the college district will not
lose the deduction unless the employer willfully violates the policy
by continuing to make improper deductions after receiving employee complaints.
The best evidence of a clearly communicated policy is a written
policy that was distributed to employees before the improper pay
deductions by, for example, providing a copy of the policy to employees upon hire, publishing the policy in an employee handbook,
or publishing the policy on the employer’s intranet.
29 C.F.R. 541.603(d)
WAGE AND HOUR
RECORDS
Every employer shall maintain and preserve payroll or other records for nonexempt employees containing the information required
by the regulations under the Fair Labor Standards Act. 29 C.F.R.
516.2(a)
EMPLOYEE WITH
MULTIPLE
APPOINTMENTS
A full-time employee of an institution of higher education, including
a college district, who has appointments to more than one position
at the same institution may receive pay for working more than 40
hours in a week if the institution determines that pay in lieu of compensatory time is in the best interests of the institution. Education
Code 51.963
PAY INCREASES
A college district shall not grant any extra compensation, fee, or
allowance to a public officer, agent, servant, or contractor after service has been rendered or a contract entered into and performed in
whole or in part. Tex. Const. Art. III, Sec. 53
GENERALLY
MERIT SALARY
INCREASES
An institution of higher education, including a college district, may
grant merit salary increases, including one-time merit payments, to
employees described by this section. A merit salary increase made
under Education Code 51.962 is compensation for purposes of
Government Code Chapter 659, and salary and wages and member compensation for purposes of Government Code Title 8. An
institution of higher education may pay a merit salary increase from
any funds. Before awarding a merit salary increase, an institution
of higher education must adopt criteria for the granting of merit salary increases. To be eligible for a merit salary increase, an employee must have been employed by the institution of higher education for the six months immediately preceding the effective date
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of the increase and at least six months must have elapsed since
the employee’s last merit salary increase.
For employees employed by the institution of higher education for
more than six months, the requirement that six months elapse between merit salary increases does not apply to a one-time merit
payment if the chief administrative officer of the institution of higher
education determines in writing that the one-time merit payment is
made in relation to the employee’s performance during a natural
disaster or other extraordinary circumstance.
SALARY ADVANCES
AND LOANS
A political subdivision, including a college district, shall not lend its
credit or gratuitously grant public money or things of value in aid of
any individual, association, or corporation. Tex. Const. Art. III, Sec.
52; Brazoria County v. Perry, 537 S.W.2d 89 (Tex. Civ. App.—
Houston [1st Dist.] 1976, no writ)
NOTICE REGARDING
EARNED INCOME TAX
CREDIT
Not later than March 1 of each year, each employer, including every college district, shall provide to the employer’s employees information regarding general eligibility requirements for the federal
earned income tax credit by one of the following means:
1.
In person;
2.
Electronically at the employee’s last known e-mail address;
3.
Through a flyer included, in writing or electronically, as a payroll stuffer; or
4.
By mailing the information to the employee at the employee's
last known address by U. S. first class mail.
An employer may not satisfy this requirement solely by posting information in the workplace.
In addition, an employer may provide employees with IRS publications and forms, or information prepared by the comptroller, relating
to the earned income tax credit.
Labor Code 104.001–.003
PAYDAY LAW
EXEMPTION
The Texas Payday Law does not apply to the state or a political
subdivision. Labor Code 61.003
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FRINGE BENEFITS
DEB
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DUTY WEAPON,
BADGE, AND UNIFORM
On the death of a peace officer employed by a political subdivision
of the state or institution of higher education, including a college
district, the employing governmental entity shall provide, at no cost,
the deceased person’s duty weapon, if any, and badge to the individual’s designated beneficiary, or estate if the individual did not
designate a beneficiary. A governmental entity that employs the
peace officer shall provide the individual a form on which the individual may designate the individual’s beneficiaries for purposes of
this section. If a peace officer or other employee described by
Government Code 615.103 dies and is to be buried in the individual’s uniform, the employing governmental entity shall provide the
uniform at no cost. Gov’t Code 615.003, .102–.103
SURVIVOR BENEFITS
As soon as practicable after the death of an individual listed under
Government Code 615.003, including an individual elected, appointed, or employed as a peace officer by a college district or other political subdivision of the state, that is claimed to meet the requirements of Government Code 615.021(1), the individual's
employing entity shall furnish to the board of trustees of the Employees Retirement System of Texas (ERS) proof of the death in
the form and with additional evidence and information required by
the board. Gov’t Code 615.003, .041
NOTICE TO
EMPLOYEES
RETIREMENT
SYSTEM
STATE PAYMENT OF
ASSISTANCE
A survivor of an individual listed under Government Code 615.003,
including an individual elected, appointed, or employed as a peace
officer by a college district or other political subdivision of the state,
is eligible for the payment of assistance from the state, as described by Government Code 615.022, if the listed individual died
as a result of a personal injury sustained in the line of duty in the
individual's position; and the survivor is the surviving spouse of the
listed individual; a surviving child of the listed individual, if there is
no surviving spouse; or a surviving parent of the listed individual, if
there is no surviving spouse or child. Gov’t Code 615.003, .021(a),
.022
CONTINUATION OF
HEALTH
INSURANCE
A survivor of an individual listed under Government Code 615.071,
including an individual elected, appointed, or employed as a peace
officer by a college district or other political subdivision of the state,
is entitled to purchase or continue to purchase health insurance
coverage under Government Code Chapter 615, Subchapter D if
the listed individual died as a result of a personal injury sustained
in the line of duty in the individual's position; and the survivor is the
surviving spouse of the listed individual, as described by Government Code 615.073; or a dependent of the listed individual, as described by Government Code 615.073. Gov’t Code 615.003, .071.074
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FRINGE BENEFITS
NOTICE
DEB
(LEGAL)
An employing entity shall provide written notice to an eligible survivor of the survivor’s rights under Government Code Chapter 615,
Subchapter D not later than the tenth day after the date of the decedent’s death. Not later than the 150th day after the decedent’s
death, the employing entity shall send a subsequent written notice
by certified mail to any eligible survivor who has not already elected to purchase or continue to purchase coverage on or before that
date.
If an eligible survivor is a minor child, the employing entity shall
also, at the same time, provide the notice to the child’s parent or
guardian, unless, after reasonable effort, the parent or guardian
cannot be located.
Gov’t Code 615.075
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LEAVES AND ABSENCES
Note:
DEC
(LEGAL)
This policy addresses leaves in general. For provisions
regarding the Family and Medical Leave Act (FMLA), including family and medical leave for an employee seeking leave because of a relative’s military service, see
DECA. For provisions addressing leave for an employee’s military service, see DECB.
The governing board of each college or university supported in
whole or in part by state funds shall issue regulations concerning
the authorized and unauthorized absence from duty of faculty
members, as defined by Education Code 51.101(3) [see DEVELOPMENT LEAVES OF ABSENCE, below], including teaching assistants and research assistants.
Each governing board shall file a copy of these regulations concerning employee absences with the Coordinating Board. Each
governing board shall file any amendment to its regulations with
the Coordinating Board not later than 30 days after the effective
date of the amendment.
PREGNANCY
Disabilities caused or contributed to by pregnancy, childbirth, or
related medical conditions, for all job-related purposes, shall be
treated the same as disabilities caused or contributed to by other
medical conditions, under any health or disability insurance or sick
leave plan available in connection with employment. 29 C.F.R.
1604.10(b)
RELIGIOUS
OBSERVANCES
An employer, including a college district, shall reasonably accommodate an employee’s request to be absent from duty in order to
participate in religious observances and practices, so long as it
does not cause undue hardship on the conduct of the employer’s
business. An employer has met its obligation when it demonstrates
that it has offered a reasonable accommodation to the employee.
The employer need not further show that each of the employee's
alternative accommodations would result in undue hardship.42 U.S.C. 2000e(j), 2000e-2(a); 29 C.F.R. 1605.2; Ansonia
Bd. of Educ. v. Philbrook, 479 U.S. 60 (1986)
RELIGIOUS HOLY
DAYS
not discriminate against or penalize in any way a faculty member
who is absent from work for the observance of a religious holy day
and gives proper notice of that absence if the customary and generally applicable educational practices of the institution permit general personal absence by faculty members. If personal absence is
customarily penalized, the penalty for absence due to observance
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of a religious holy day under this section shall be forfeiture of one
day’s pay equivalent for each day of absence.
“Proper notice” means that the faculty member shall provide a listing of religious holy days to be observed during the semester to the
chairman of the department and shall provide notice of such days
in advance to all students whose class would be canceled due to
the faculty member’s absence. This notice shall be in writing and
shall be personally delivered to the chairman of the department,
receipt therefore being acknowledged and dated by the chairman,
or shall be sent by certified mail return receipt requested, addressed to the chairman.
A “religious holy day” shall be defined as a holy day observed by a
religion whose places of worship are exempt from property taxation
under Tax Code 11.20.
COMPLIANCE WITH A
SUBPOENA
An employer, including a college district, may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal,
legislative, or administrative proceeding. Labor Code 52.051(a)
DEVELOPMENT
LEAVES OF ABSENCE
For the purposes of this policy on development leaves, “faculty
member” shall mean a person who is employed by an institution of
higher education, including a college district, on a full-time basis as
a member of the faculty or staff and whose duties include teaching,
research, administration, including professional librarians, or the
performance of professional services. However, the term does not
include a person employed in a position that is in the institution’s
classified personnel system or a person employed in a similar type
of position if the institution does not have a classified personnel
system. Education Code 51.101
GRANTING LEAVES
OF ABSENCE
On the application of a faculty member, the governing board of an
institution of higher education may grant a faculty development
leave of absence for study, research, writing, field observations, or
other suitable purpose, if:
1.
The faculty member is eligible by reason of service.
2.
The purpose for which a faculty development leave is sought
is one for which a faculty development leave may be granted.
3.
Granting the leave will not place on faculty development leave
a greater number of faculty members than that authorized.
The governing board by regulation shall establish a procedure
whereby the applications for faculty development leaves of abDATE ISSUED: 1/28/2013
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sence are received by a committee elected by the general faculty
for evaluation and whereby the faculty committee shall then make
recommendations to the chief executive officer of the institution of
higher education, who shall then make recommendations to the
governing board as to which applications should be granted.
SERVICE REQUIRED
A faculty member shall be eligible to be considered for a faculty
development leave when he or she has served as a member of the
faculty in the same institution of higher education for at least two
consecutive academic years. This service may be as an instructor
or as an assistant, associate, or full professor, or an equivalent
rank, and must be full-time academic duty but need not include
teaching. Education Code 51.104
DURATION AND
COMPENSATION
ADDITIONAL
EMPLOYMENT
The governing board may grant to a faculty member development
leave either for one academic year at one-half of the faculty member’s regular salary or for one-half academic year at full regular
salary. Payment of salary to the faculty member on a development
leave may be made from the funds appropriated by the legislature
specifically for that purpose or from such other funds as might be
available to the institution.
A faculty member on a development leave may accept a grant for
study, research, or travel from any institution of higher education or
from a charitable, religious, or educational corporation or foundation, from any business enterprise, or from any federal, state, or
local governmental agency. An accounting of all grants shall be
made to the governing board of the institution by the faculty member.
A faculty member on development leave may not accept employment from any other person, corporation, or government, unless
the governing board determines that the employment would be in
the public interest to do so and expressly approves the employment.
NUMBER ON LEAVE
AT ONE TIME
No more than six percent of the faculty members of any institution
of higher education may be on faculty development leave at any
one time. Education Code 51.106
A faculty member on faculty development leave shall continue to
be a member of the Teacher Retirement System of Texas or of the
Optional Retirement Program, or of both, just as any other faculty
member on full-time duty.
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The institution of higher education shall cause to be deducted from
the compensation paid to a member of the faculty on faculty
development leave the deposit and membership dues required to
be paid by him to the Teacher Retirement System of Texas or to
the Optional Retirement Program, or both, the contribution for Old
Age and Survivors Insurance, and any other amounts required or
authorized to be deducted from the compensation paid any faculty
member. [See CDDA]
A member of the faculty on faculty development leave is a faculty
member for purposes of participating in the programs and of receiving the benefits made available by or through the institution of
higher education or the state to faculty members.
ADMINISTRATOR
DEVELOPMENT
LEAVE
An employment contract entered into by the governing board of an
institution of higher education with an administrator that is to be
paid in whole or in part from appropriated funds may not allow for
development leave that is inconsistent with Education Code
51.105.
An institution of higher education must require an administrator
who receives development leave to:
1.
Return to work at the institution for an amount of time equal to
the amount of time the administrator received for development leave; or
2.
Repay the institution for all the costs of the development
leave, including the amount of the administrator’s salary, if
any, paid during the leave.
Notwithstanding Education Code 51.948(b)(3), the governing board
of an institution may grant development leave at the faculty member’s full, regular salary for one year to a faculty member who has
held an administrative position at the institution for more than four
years.
“Administrator” means a person who has significant administrative
duties relating to the operation of the institution, including the operation of a department, college, program, or other subdivision of the
institution.
"Contract" includes a letter of agreement or letter of understanding.
Education Code 51.948(a)–(b), (d), (f)–(g)
ABSENCE CONTROL
Uniform enforcement of a reasonable absence-control rule is not
retaliatory discharge. For example, an employer that terminates an
employee for violating a reasonable absence-control provision
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cannot be liable for retaliatory discharge as long as the rule is uniformly enforced. Continental Coffee Products Co. v. Cazarez, 937
S.W.2d 444 (Tex. 1996) (workers’ compensation discrimination
case); Texas Division-Tranter, Inc. v. Carrozza, 876 S.W.2d 312
(Tex. 1994) (workers’ compensation discrimination case);
Swearingen v. Owens-Corning Fiberglas Corp., 968 F.2d 559 (5th
Cir. 1992) (workers’ compensation discrimination case); Howell v.
Standard Motor Prods., Inc., No. 4:99-CV-987-E, 2001 WL 912387,
(N.D. Tex. Aug. 10, 2001) (Family and Medical Leave Act case);
Specialty Retailers v. DeMoranville, 933 S.W.2d 490 (Tex. 1996)
(age discrimination case); Gonzalez v. El Paso Natural Gas Co.,
EP–81–CA–323,1986 WL 4796, No. (W.D. Texas Mar. 5, 1986)
(sex discrimination case)
[Some employees may have protected status even after the expiration of all other leave. See CKE and DAA]
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Note:
This policy summarizes the Family and Medical Leave
Act (FMLA) and implementing regulations, including family and medical leave for an employee seeking leave because of a relative’s military service. For provisions on
leaves in general, see DEC. For provisions addressing
leave for an employee’s military service, see DECB.
This introductory page outlines the contents of this policy on the
FMLA. See the following sections for statutory provisions on:
SECTION I
SECTION II
SECTION III
SECTION IV
General Provisions
1.
Applicability to college districts
2.
Employee eligibility
3.
Qualifying reasons for leave
4.
Definitions
Leave Entitlement and Use
1.
Amount of leave
2.
Intermittent use of leave
3.
Special rules for instructional employees
4.
Use of paid leave
5.
Continuation of health insurance
6.
Reinstatement of employee
Notices and Medical Certification
pages 2 – 7
pages 7 – 14
pages 14 – 22
1.
Notices to employee
2.
Notice to employer regarding use of family and medical leave
3.
Certification of leave
Miscellaneous Provisions
1.
Preservation of records
2.
Prohibition against discrimination
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SECTION I: GENERAL PROVISIONS
COVERED EMPLOYER
Public agencies, including college districts, are “covered employers”, without regard to the number of employees employed. Employers covered by the FMLA include any person who acting, directly or indirectly, in the interest of a covered employer to any of
the employees of the public agency employer. 29 U.S.C. 2611(4);
29 C.F.R. 825.102, .104(a)
“ELIGIBLE EMPLOYEE”
An “eligible employee” is an employee of a covered employer who:
1.
Has been employed by the employer for at least 12 months.
The 12 months need not be consecutive, subject to 29 C.F.R.
825.110(b);
2.
Has been employed for at least 1,250 hours of service with
such employer during the 12 months immediately preceding
the commencement of leave; and
3.
Is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of that worksite.
29 U.S.C. 2611(2); 29 C.F.R. 825.102, .110
[An employer that has no eligible employees must comply with the
requirements at GENERAL NOTICE, below.]
QUALIFYING
REASONS FOR LEAVE
Employers covered by the FMLA are required to grant leave to eligible employees:
1.
For the birth of a son or daughter, and to care for the newborn
child;
2.
For placement with the employee of a son or daughter for
adoption or foster care. [For the rules regarding leave for,
“adoption” and “foster care,” see 29 C.F.R. 825.121];
3.
To care for the employee's spouse, son, daughter, or parent
with a serious health condition;
4.
Because of a serious health condition that makes the employee unable to perform the functions of the employee's job;
5.
Because of any qualifying exigency arising out of the fact that
the employee's spouse, son, daughter, or parent is a military
member on covered active duty (or has been notified of an
impending call or order to covered active duty status); and
6.
To care for a covered servicemember with a serious injury or
illness incurred in the line of duty if the employee is the
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spouse, son, daughter, parent, or next of kin of the covered
servicemember.
29 U.S.C. 2612(a); 29 C.F.R. 825.112
For provisions regarding treatment for substance abuse, see 29
C.F.R. 825.119.
QUALIFYING
EXIGENCY
An eligible employee may take FMLA leave while the employee’s
spouse, son, daughter, or parent (the military member or member)
is on covered active duty or call to covered active duty status (or
has been notified of an impending call or order to covered active
duty) for one or more of the following qualifying exigencies, as detailed in 29 C.F.R. 825.126:
1.
Short-notice deployment.
2.
Military events and related activities.
3.
Childcare and school activities.
4.
Financial and legal arrangements.
5.
Counseling.
6.
Rest and recuperation.
7.
Post-deployment activities.
8.
Parental care.
9.
Additional activities, provided that the employer and employee
agree that the leave shall qualify as an exigency, and agree to
both the timing and duration of such leave.
29 C.F.R. 825.126
PREGNANCY OR
BIRTH
Both the mother and father are entitled to FMLA leave for the birth
of their child and to be with the healthy newborn child (i.e., bonding
time) during the 12-month period beginning on the date of birth. In
addition, the mother is entitled to FMLA leave for incapacity due to
pregnancy, for prenatal care, or for her own serious health condition following the birth of the child. The mother is entitled to leave
for incapacity due to pregnancy even though she does not receive
treatment from a health-care provider during the absence, and
even if the absence does not last for more than three consecutive
calendar days. The husband is entitled to FMLA leave if needed to
care for his pregnant spouse who is incapacitated during her prenatal care or following the birth of a child if the spouse has a serious health condition. [For the definition of “needed to care for,” see
29 C.F.R. 825.124]. 29 C.F.R. 825.120
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DEFINITIONS
“ADOPTION”
“COVERED ACTIVE
DUTY OR CALL TO
COVERED ACTIVE
DUTY STATUS
DECA
(LEGAL)
“Adoption” means legally and permanently assuming the responsibility of raising a child as one’s own. The source of an adopted
child (e.g., whether from a licensed placement agency or otherwise) is not a factor in determining eligibility for FMLA leave. 29
C.F.R. 825.112(f)
“Covered active duty or call to covered active duty status” means:
1.
In the case of a member of the Regular Armed Forces, duty
during the deployment of the member with the Armed Forces
to a foreign country; and
2.
In the case of a member of the Reserve components of the
Armed Forces, duty during the deployment of the member
with the Armed Forces to a foreign country under a federal
call or order to active duty in support of a contingency operation, as described by 29 C.F.R. 825.102.
29 C.F.R. 825.102, .122(a), .126(a)
“COVERED
SERVICEMEMBER”
“COVERED
VETERAN”
“Covered servicemember” means:
1.
A current member of the Armed Forces, including a member
of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired
list for a serious injury or illness; or
2.
A covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
“Covered veteran” means an individual who was a member of the
Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other
than dishonorable at any time during the five-year period prior to
the first date the eligible employee takes FMLA leave to care for
the covered veteran.
29 C.F.R. 825.102, .122(a), .127(b)
“FOSTER CARE”
“Foster care” means 24-hour care for children in substitution for,
and away from, their parents or guardian. Such placement is made
by or with the agreement of the state as a result of a voluntary
agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the
necessity for foster care, and involves an agreement between the
state and the foster family that the foster family will take care of the
child. Although foster care may be with relatives of the child, state
action is involved in the removal of the child from parental custody.
29 C.F.R. 825.122(g)
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“MILITARY
CAREGIVER LEAVE”
“Military caregiver leave” means leave taken to care for a covered
servicemember with a serious injury or illness under the FMLA. 29
C.F.R. 825.102
“NEXT OF KIN OF A
COVERED
SERVICEMEMBER”
“Next of kin of a covered servicemember” means the nearest blood
relative other than the covered servicemember’s spouse, parent,
son, or daughter, in the following order of priority: blood relatives
who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in
writing another blood relative as his or her nearest blood relative
for purposes of military caregiver leave under the FMLA. When no
such designation is made, and there are multiple family members
with the same level of relationship to the covered servicemember,
all such family members shall be considered the covered
servicemember’s next of kin and may take FMLA leave to provide
care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated
individual shall be deemed to be the covered servicemember’s only
next of kin.
29 C.F.R. 825.102, .122(e), .127(d)(3)
“PARENT”
“Parent” means a biological, adoptive, step or foster father or
mother, or any other individual who stood in loco parentis to the
employee when the employee was a son or daughter. This term
does not include parents “in law.” 29 C.F.R. 825.102, .122(c)
“PARENT OF A
COVERED
SERVICEMEMBER”
“Parent of a covered servicemember” means a covered
servicemember's biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered
servicemember. This term does not include parents “in law.” 29
C.F.R. 825.102, .122(j), 127(d)(2)
“SERIOUS HEALTH
CONDITION”
“Serious health condition” means an illness, injury, impairment or
physical or mental condition that involves inpatient care as defined
in 29 C.F.R. 825.114 or continuing treatment by a health-care provider as defined in 29 C.F.R. 825.115. Conditions for which cosmetic treatments are administered (such as most treatments for
acne or plastic surgery) are not serious health conditions unless
inpatient hospital care is required or unless complications develop.
Restorative dental or plastic surgery after an injury or removal of
cancerous growths are serious health conditions provided all the
other conditions of this regulation are met. Mental illness or allergies may be serious health conditions, but only if all the conditions
of 29 C.F.R. 825.113 are met. 29 C.F.R. 825.102
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“SERIOUS INJURY
OR ILLNESS”
DECA
(LEGAL)
“Serious injury or illness” means:
1.
In the case of a current member of the Armed Forces, including a member of the National Guard or Reserves, an injury or
illness that was incurred by the covered servicemember in the
line of duty on active duty in the Armed Forces or that existed
before the beginning of the member’s active duty and was
aggravated by service in the line of duty on active duty in the
Armed Forces and that may render the servicemember medically unfit to perform the duties of the member’s office, grade,
rank, or rating; and
2.
In the case of a covered veteran, an injury or illness that was
incurred by the member in the line of duty on active duty in
the Armed Forces (or existed before the beginning of the
member’s active duty and was aggravated by service in the
line of duty on active duty in the Armed Forces) and manifested itself before or after the member became a veteran, and is:
a.
A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a
member of the Armed Forces and rendered the
servicemember unable to perform the duties of the
servicemember’s office, grade, rank, or rating;
b.
A physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs
Service-Related Disability Rating (VASRD) of 50 percent
or greater, and such VASRD rating is based, in whole or
in part, on the condition precipitating the need for military
caregiver leave;
c.
A physical or mental condition that substantially impairs
the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or
disabilities related to military service or would do so absent treatment; or
d.
An injury, including a psychological injury, on the basis of
which the covered veteran has been enrolled in the U.S.
Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
29 C.F.R. 825.102, .127(c)
“SON OR
DAUGHTER”
“Son or daughter” means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco
parentis, as defined at 29 C.F.R. 825.122(d)(3), who is either under
age 18, or age 18 or older and “incapable of self-care because of a
mental or physical disability,” as defined at 29 C.F.R.
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825.122(d)(1)–(2), at the time that FMLA leave is to commence.
29 C.F.R. 825.102, .122(d)
“SON OR
DAUGHTER OF A
COVERED
SERVICEMEMBER”
“Son or daughter of a covered servicemember” means a covered
servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in
loco parentis, and who is of any age. 29 C.F.R. 825.102, .122(h),
.127(d)(1).
“SON OR
DAUGHTER ON
COVERED ACTIVE
DUTY OR CALL TO
COVERED ACTIVE
DUTY STATUS”
“Son or daughter on covered active duty or call to covered active
duty status” means the employee's biological, adopted, or foster
child, stepchild, legal ward, or a child for whom the employee stood
in loco parentis, who is on covered active duty or call to active duty
status, and who is of any age. 29 C.F.R. 825.102, .122(h),
.126(a)(5)
“SPOUSE”
“Spouse” means a husband or wife as defined or recognized under
state law for purposes of marriage in the state where the employee
resides, including common law marriage in states where it is recognized. 29 C.F.R. 825.102, .122(b)
SECTION II: LEAVE ENTITLEMENT AND USE
AMOUNT OF LEAVE
Except in the case of military caregiver leave, an eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of
leave during a 12-month period for any one or more of the qualifying reasons.
A husband and wife who are employed by the same employer, including a college district, may be limited to a combined total of 12
weeks of FMLA leave during any 12-month period if leave is taken
for the birth of a son or daughter or to care for the child after birth,
the placement of a child for adoption or foster care or to care for
the child after placement, or to care for a parent with a serious
health condition.
29 U.S.C. 2612(a), (f); 29 C.F.R. 825.120(a)(3), .200–.201
DETERMINING THE
12-MONTH PERIOD
Except with respect to military caregiver leave, an employer is
permitted to choose any one of the following methods for determining the 12-month period in which the 12 weeks of leave entitlement
occurs:
1.
The calendar year;
2.
Any fixed 12-month leave year, such as a fiscal year, or a
year starting on an employee's anniversary date;
3.
The 12-month period measured forward from the date any
employee's first FMLA leave begins; or
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A “rolling” 12-month period measured backward from the date
an employee uses any FMLA leave.
29 C.F.R. 825.200(b)
MILITARY
CAREGIVER LEAVE
An eligible employee's FMLA leave entitlement is limited to a total
of 26 workweeks of leave during a single 12-month period to care
for a covered servicemember with a serious injury or illness. The
single 12-month period is measured forward from the date an employee's first FMLA leave to care for the covered servicemember
begins, regardless of the method used by the employer to determine the employee’s 12 workweeks of leave entitlement for other
FMLA leaves. During the single 12-month period, an eligible employee's FMLA leave entitlement is limited to a combined total of 26
workweeks of FMLA leave for any qualifying reason. 29 U.S.C.
2612(a)(3)–(4); 29 C.F.R. 825.127(c), .200(f)–(g)
The leave entitlement is to be applied on a per-coveredservicemember, per-injury basis such that an eligible employee
may be entitled to take more than one period of 26 workweeks of
leave if the leave is to care for different covered servicemembers or
to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave
may be taken within any single 12-month period. An eligible employee may take more than one period of 26 workweeks of leave to
care for a covered servicemember with more than one serious injury or illness only when the serious injury or illness is a subsequent
serious injury or illness. When an eligible employee takes leave to
care for more than one covered servicemember or for a subsequent serious injury or illness of the same covered servicemember,
and the single 12-month periods corresponding to the different military caregiver leave entitlements overlap, the employee is limited to
taking no more than 26 workweeks of leave in each single 12month period. 29 C.F.R. 825.127(e)(2)
A husband and wife who are eligible for FMLA leave and employed
by the same employer may be limited to a combined total of 26
weeks of FMLA leave during the single 12-month period if leave is
taken for the birth of a son or daughter or to care for the child after
birth, for the placement of a child for adoption or foster care or to
care for the child after placement, to care for a parent with a serious health condition, or to care for a covered servicemember with
a serious injury or illness. 29 C.F.R. 825.127(f)
HOLIDAYS,
SUMMER
VACATION, AND
OTHER BREAKS
For purposes of determining the amount of leave used by an employee, the fact that a holiday may occur within the week taken as
FMLA leave has no effect; the week is counted as a week of FMLA
leave. However, if an employee is using FMLA leave in increments
of less than one week, the holiday will not count against the em-
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ployee's FMLA entitlement unless the employee was otherwise
scheduled and expected to work during the holiday. Similarly, if for
some reason the employer's business activity has temporarily
ceased and employees generally are not expected to report for
work for one or more weeks (e.g., a school closing for several
weeks for the Christmas/New Year holiday or an employer closing
the plant for retooling or repairs), the days the employer's activities
have ceased do not count against the employee’s FMLA leave entitlement. 29 C.F.R. 825.200(h)
INTERMITTENT OR
REDUCED LEAVE
SCHEDULE
FMLA leave may be taken intermittently or on a reduced leave
schedule under certain circumstances. “Intermittent leave” is
FMLA leave taken in separate blocks of time due to a single qualifying reason. A “reduced leave schedule” is a leave schedule that
reduces an employee's usual number of working hours per workweek, or hours per workday or a change in an employee’s schedule for a period of time, normally full-time to part-time.
For leave taken because of the employee’s own serious health
condition, to care for a spouse, parent, son, or daughter with a serious health condition, or military caregiver leave, there must be a
medical need for leave and it must be that such medical need can
be best accommodated through an intermittent or reduced leave
schedule. Leave due to a qualifying exigency may also be taken
on an intermittent or reduced schedule basis.
When leave is taken after the birth of a healthy child or placement
of a healthy child for adoption or foster care, an employee may
take leave intermittently or on a reduced leave schedule only if the
employer agrees.
29 U.S.C. 2612(b); 29 C.F.R. 825.202
TRANSFER TO
ALTERNATIVE
POSITION
If an employee requests intermittent or reduced schedule leave
that is foreseeable based on planned medical treatment or if the
employer agrees to permit such leave for the birth of a child or for
placement of a child for adoption or foster care, the employer may
require the employee to transfer temporarily to an available alternative position for which the employee is qualified and that has
equivalent pay and benefits and better accommodates recurring
periods of leave than does the employee's regular position. 29
U.S.C. 2612(b)(2); 29 C.F.R. 825.204
CALCULATING
LEAVE USE
When an employee takes leave on an intermittent or reduced leave
schedule basis, the employer must account for intermittent or reduced schedule leave in accordance with 29 C.F.R. 825.205, using
an increment no greater than the shortest period of time that the
employer uses to account for use of other forms of leave, provided
it is not greater than one hour and provided further that an employ-
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ee’s FMLA leave entitlement may not be reduced by more than the
amount of leave actually taken. An employer may not require an
employee to take more leave than is necessary to address the circumstances that precipitated the need for the leave, provided that
the leave is counted using the shortest increment of leave used to
account for any other type of leave. In all cases, employees may
not be charged FMLA leave for periods during which they are working. 29 C.F.R. 825.205
SUBSTITUTION OF
PAID LEAVE
Generally, FMLA leave is unpaid leave. However, an employee
may choose to substitute accrued paid leave for unpaid FMLA
leave. If an employee does not choose to substitute accrued paid
leave, the employer may require the employee to do so. The term
“substitute” means that the paid leave provided by the employer,
and accrued pursuant to established policies of the employer, will
run concurrently with the unpaid FMLA leave. An employee's ability to substitute accrued paid leave is determined by the terms and
conditions of the employer’s normal leave policy. When an employee chooses, or an employer requires, substitution of accrued
paid leave, the employer must inform the employee that the employee must satisfy any procedural requirements of the paid leave
policy only in connection with the receipt of such payment. [See
825.300(c)] If an employee does not comply with the additional
requirements in an employer's paid leave policy, the employee is
not entitled to substitute accrued paid leave but the employee remains entitled to take unpaid FMLA leave. 29 U.S.C. 2612(d); 29
C.F.R. 825.207(a)
COMPENSATORY TIME
If an employee requests and is permitted to use accrued compensatory time to receive pay during FMLA leave, or if an employer
requires such use, the compensatory time taken may be counted
against the employee's FMLA leave entitlement. 29 C.F.R.
825.207(f)
FMLA AND DISABILITY
LEAVE PLANS
Leave taken pursuant to a disability leave plan would be considered FMLA leave for a serious health condition and counted in the
leave entitlement permitted under the FMLA if it meets the criteria
set forth in 29 C.F.R. 825.112–825.115. In such cases, the employer may designate the leave as FMLA leave and count the leave
against the employee's FMLA leave entitlement. Because leave
pursuant to a disability benefit plan is not unpaid, the provision for
substitution of the employee's accrued paid leave is inapplicable,
and neither the employee nor the employer may require the substitution of paid leave. However, employers and employees may
agree, where state law permits, to have paid leave supplement the
disability plan benefits, such as in the case where a plan only provides replacement income for two-thirds of an employee's salary.
29 C.F.R. 825.207(d)
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FMLA AND WORKERS’
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A serious health condition may result from injury to the employee
“on or off” the job. If the employer designates the leave as FMLA
leave, the leave counts against the employee's FMLA leave entitlement. Because the workers' compensation absence is not unpaid, neither the employee nor the employer may require the substitution of paid leave. However, an employer and an employee
may agree, where state law permits, to have paid leave supplement workers' compensation benefits.
If the health-care provider treating the employee for the workers'
compensation injury certifies that the employee is able to return to
a “light duty job” but is unable to return to the same or equivalent
job, the employee may decline the employer’s offer of a “light duty
job.” As a result, the employee may lose workers' compensation
payments, but is entitled to remain on unpaid FMLA leave until the
employee's FMLA leave entitlement is exhausted. As of the date
workers' compensation benefits cease, the substitution provision
becomes applicable and either the employee may elect or the employer may require the use of accrued paid leave.
29 U.S.C. 825.207(e)
MAINTENANCE OF
HEALTH BENEFITS
During any FMLA leave, an employer must maintain the employee's coverage under any group health plan on the same conditions
as coverage would have been provided if the employee had been
continuously employed during the entire leave period. If an employer provides a new health plan or benefits or changes health
benefits or plans while an employee is on FMLA leave, the employee is entitled to the new or changed plan/benefits to the same
extent as if the employee were not on leave. Any other plan
changes (e.g., in coverage, premiums, deductibles, and the like)
that apply to all employees of the workforce would also apply to an
employee on FMLA leave.
Notice of any opportunity to change plans or benefits must also be
given to an employee on FMLA leave. If the group health plan
permits an employee to change from single to family coverage upon the birth of a child or otherwise add new family members, such
a change in benefits must be made available while an employee is
on FMLA leave. If the employee requests the changed coverage, it
must be provided by the employer.
An employee may choose not to retain group health plan coverage
during FMLA leave. However, when the employee returns from
leave, the employee is entitled to be reinstated on the same terms
as before taking leave without any qualifying period, physical examination, exclusion of pre-existing conditions, and the like.
29 U.S.C. 2614(c); 29 C.F.R. 825.209(a), (c)–(e)
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PAYMENT OF
PREMIUMS
During FMLA leave, the employee must continue to pay the employee’s share of group health plan premiums in accordance with
29 C.F.R. 825.210. If premiums are raised or lowered, the employee would be required to pay the new premium rates. 29 C.F.R.
825.210
FAILURE TO PAY
PREMIUMS
Unless an employer has an established policy providing a longer
grace period, an employer’s obligations to maintain health insurance coverage cease if an employee's premium payment is more
than 30 days late. In order to terminate the employee’s coverage,
the employer must provide written notice to the employee that the
payment has not been received. Such notice must be mailed to
the employee at least 15 days before coverage is to cease, advising that coverage will be dropped on a specified date at least 15
days after the date of the letter unless the payment has been received by that date. If the employer has established policies regarding other forms of unpaid leave that provide for the employer
to cease coverage retroactively to the date the unpaid premium
payment was due, the employer may drop the employee from coverage retroactively in accordance with that policy, provided the 15day notice was given. In the absence of such a policy, coverage
for the employee may be terminated at the end of the 30-day grace
period, if the required 15-day notice has been provided.
If coverage lapses because an employee has not made required
premium payments, upon the employee's return from FMLA leave,
the employer must still restore the employee to coverage/benefits
equivalent to those the employee would have had if leave had not
been taken and the premium payment(s) had not been missed.
The employee may not be required to meet any qualification requirements imposed by the plan, including any new preexisting
condition waiting period, to wait for an open season, or to pass a
medical examination to obtain reinstatement of coverage.
29 C.F.R. 825.212
RECOVERY OF
BENEFIT COST
MAINTENANCE OF
OTHER BENEFITS
If an employee fails to return to work after FMLA leave has been
exhausted or expires, an employer may recover from the employee
its share of health plan premiums during the employee’s unpaid
FMLA leave, unless the employee’s failure to return is due to one
of the reasons set forth in 29 C.F.R. 825.213. An employer may
not recover its share of health insurance premiums for any period
of FMLA leave covered by paid leave. 29 C.F.R. 825.213
An employee's entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is to be determined by the employer's established policy for providing such
benefits when the employee is on other forms of leave (paid or unpaid, as appropriate). 29 C.F.R. 825.209(h)
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On return from FMLA leave, an employee is entitled to be returned
to the same position the employee held when leave began, or to an
equivalent position with equivalent benefits, pay, and other terms
and conditions of employment. An employee is entitled to reinstatement even if the employee has been replaced or his or her
position has been restructured to accommodate the employee's
absence. However, an employee has no greater right to reinstatement or to other benefits and conditions of employment than if the
employee had been continuously employed during the FMLA leave
period. 29 C.F.R. 825.214, .216(a)
MOONLIGHTING
DURING FMLA
LEAVE
If an employer, including a college district, has a uniformly applied
policy governing outside or supplemental employment, the policy
may continue to apply to an employee while on FMLA leave. An
employer that does not have such a policy may not deny FMLA
benefits on the basis of outside or supplemental employment unless the FMLA leave was fraudulently obtained. 29 C.F.R.
825.216(e)
PAY INCREASES
AND BONUSES
An employee is entitled to any unconditional pay increases that
may have occurred during the FMLA leave period, such as cost of
living increases. Pay increases conditioned upon seniority, length
of service, or work performed must be granted in accordance with
the employer's policy or practice with respect to other employees
on an equivalent leave status for a reason that does not qualify as
FMLA leave.
Equivalent pay includes any bonus or payment, whether it is discretionary or non-discretionary. However, if a bonus or other payment is based on the achievement of a specified goal such as
hours worked, products sold, or perfect attendance, and the employee has not met the goal due to FMLA leave, then the payment
may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify as FMLA leave.
For example, if an employee who used paid vacation leave for a
non-FMLA purpose would receive the payment, then the employee
who used paid vacation leave for an FMLA-protected purpose also
must receive the payment.
29 C.F.R. 825.215(c)
“KEY EMPLOYEES”
A “key employee” is a salaried eligible employee who is among the
highest paid ten percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed. An employer may deny job restoration to a key employee if
such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; the employer notifies the employee of the intent of the employer to deny restoration
on such basis at the time the employer determines that such injury
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would occur; and in any case in which the leave has commenced,
the employee elects not to return to employment after receiving
such notice. 29 U.S.C. 2614(b); 29 C.F.R. 825.102, .217–.219
SECTION III: NOTICES AND MEDICAL CERTIFICATION
EMPLOYER NOTICES
GENERAL NOTICE
Every covered employer, including every qualified college district,
must post and keep posted on its premises a notice explaining the
FMLA's provisions and providing information concerning the
procedures for filing complaints with the U.S. Department of
Labor’s (DOL) Wage and Hour Division. The notice must be
posted prominently where it can be readily seen by employees and
applicants for employment. Covered employers must post this
general notice even if no employees are eligible for FMLA leave.
If a covered employer has any eligible employees, it shall also provide this general notice to each employee by:
1.
Including the notice in employee handbooks or other written
guidance to employees concerning employee benefits or
leave rights, if such written materials exist; or
2.
By distributing a copy of the general notice to each new employee upon hiring.
In either case, distribution may be accomplished electronically.
Employers may duplicate the text of the DOL prototype notice
WHD Publication 1420 or may use another format so long as the
information provided includes, at a minimum, all of the information
contained in that notice.
Where an employer’s workforce is comprised of a significant portion of workers who are not literate in English, the employer shall
provide the general notice in a language in which the employees
are literate.
29 U.S.C. 2619; 29 C.F.R. 825.300(a)
ELIGIBILITY NOTICE
When an employee requests FMLA leave, or when the employer
acquires knowledge that an employee's leave may be for an
FMLA-qualifying reason, the employer must notify the employee of
the employee's eligibility to take FMLA leave within five business
days, absent extenuating circumstances. If the employee is not
eligible for FMLA leave, the notice must state at least one reason
why the employee is not eligible.
Notification of eligibility may be oral or in writing; employers may
use DOL optional form WH-381 to provide such notification to employees. The employer is obligated to translate the notice in any
situation in which it is required to translate the general notice.
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If, at the time an employee provides notice of a subsequent need
for FMLA leave during the applicable 12-month period due to a different FMLA-qualifying reason, and the employee's eligibility status
has not changed, no additional eligibility notice is required. If,
however, the employee's eligibility status has changed, the employer must notify the employee of the change in eligibility status
within five business days, absent extenuating circumstances.
29 C.F.R. 825.300(b)
RIGHTS AND
RESPONSIBILITIES
NOTICE
Employers shall provide written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations. The rights and responsibilities notice must include the information described by 29
C.F.R. 825.300(c)(1). The employer is obligated to translate the
notice in any situation in which it is required to translate the general
notice.
This notice shall be provided to the employee each time the eligibility notice is provided. The notice of rights and responsibilities may
be distributed electronically so long as it meets the requirements of
29 C.F.R. 825.300.
If the specific information provided by the notice of rights and responsibilities changes, the employer shall, within five business
days of receipt of the employee's first notice of need for leave subsequent to any change, provide written notice referencing the prior
notice and setting forth any of the information in the notice of rights
and responsibilities that has changed.
29 C.F.R. 825.300(c)
DESIGNATION
NOTICE
When the employer has enough information to determine whether
leave is being taken for an FMLA-qualifying reason, the employer
must notify the employee whether the leave will be designated and
will be counted as FMLA leave within five business days absent
extenuating circumstances. Only one notice of designation is required for each FMLA-qualifying reason per applicable 12-month
period, regardless of whether the leave taken due to the qualifying
reason will be a continuous block of leave or intermittent or reduced schedule leave. If the employer determines that the leave
will not be designated as FMLA-qualifying, the employer must notify the employee of that determination.
The designation notice must be in writing. If the leave is not designated as FMLA leave because it does not meet the requirements of
the Act, the notice to the employee that the leave is not designated
as FMLA leave may be in the form of a simple written statement. If
the information provided by the employer to the employee in the
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designation notice changes (e.g., the employee exhausts the
FMLA leave entitlement), the employer shall provide, within five
business days of receipt of the employee's first notice of need for
leave subsequent to any change, written notice of the change.
The designation notice must include the information required by 29
C.F.R. 825.300(d)(1) (substitution of paid leave), (d)(3) (fitness for
duty certification), and (d)(6) (amount of leave charged against
FMLA entitlement). For further provisions on designation of leave,
see 29 C.F.R. 825.301.
29 C.F.R. 825.300(d)
RETROACTIVE
DESIGNATION
An employer may retroactively designate leave as FMLA leave,
with appropriate notice as described above at DESIGNATION NOTICE or with an appropriate designation notice to the employee, if
the employer’s failure to timely designate leave does not cause
harm or injury to the employee. In addition, an employer and an
employee may agree that leave will be retroactively designated as
FMLA leave. 29 C.F.R. 825.301(d)
EMPLOYEE NOTICE
An employee giving notice of the need for FMLA leave does not
need to expressly assert rights under the Act or even mention the
FMLA to meet his or her obligation to provide notice, though the
employee would need to state a qualifying reason for the needed
leave and otherwise satisfy the requirements for notice of foreseeable and unforeseeable leave, below. If the employee fails to explain the reasons, leave may be denied. 29 C.F.R. 825.301(b)
FORESEEABLE
LEAVE
An employee must provide at least 30 days’ advance notice before
FMLA leave is to begin if the need for leave is foreseeable based
upon an expected birth, placement for adoption or foster care, or
planned medical treatment for a serious health condition of the
employee or a family member, or a planned medical treatment for a
serious injury or illness of a covered servicemember. If 30 days’
notice is not practicable, the employee must give notice as soon as
practicable. For leave due to a qualifying exigency, the employee
must provide notice as soon as practicable regardless of how far in
advance the leave is foreseeable. The form and content of the notice must comply with 29 C.F.R. 825.302(c).
When planning medical treatment, the employee must consult with
the employer and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer’s operations, subject
to the approval of the health-care provider.
29 C.F.R. 825.302
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UNFORESEEABLE
LEAVE
When the approximate timing of leave is not foreseeable, an employee must provide notice to the employer as soon as practicable
under the facts and circumstances of the particular case. It generally should be practicable for the employee to provide notice of
leave that is unforeseeable within the time prescribed by the employer’s usual and customary notice requirements applicable to
such leave. The form and content of the notice must comply with
29 C.F.R. 825.303(b). 29 C.F.R. 825.303(a)
COMPLIANCE WITH
EMPLOYER
REQUIREMENTS
An employer may require an employee to comply with the employer’s usual and customary notice and procedural requirements for
requesting leave, absent unusual circumstances. Where an employee does not comply with the employer’s usual notice and procedural requirements, and no unusual circumstances justify the
failure to comply, FMLA leave may be delayed or denied. 29
C.F.R. 825.302(d), .303(c)
CERTIFICATION OF
LEAVE
An employer, including a college district, may require that an employee's FMLA leave be supported by certification, as described
below. The employer must give notice of a requirement for certification each time certification is required. At the time the employer
requests certification, the employer must advise the employee of
the consequences of failure to provide adequate certification. 29
U.S.C. 2613; 29 C.F.R. 825.305(a), (d)
TIMING
In most cases, the employer should request that an employee furnish certification at the time the employee gives notice of the need
for leave or within five business days thereafter or, in the case of
unforeseen leave, within five business days after the leave commences. The employer may request certification at a later date if
the employer later has reason to question the appropriateness of
the leave or its duration. The employee must provide the requested certification to the employer within 15 calendar days after the
employer’s request, unless it is not practicable under the particular
circumstances to do so despite the employee's diligent, good faith
efforts or the employer provides more than 15 days to return the
certification. 29 C.F.R. 825.305(b)
INCOMPLETE OR
INSUFFICIENT
CERTIFICATION
The employer shall advise an employee if it finds a certification incomplete or insufficient and shall state in writing what additional
information is necessary to make the certification complete and
sufficient. The employer must provide the employee with seven
calendar days (unless not practicable under the particular circumstances despite the employee's diligent, good faith efforts) to cure
any such deficiency. If the employee fails to provide the employer
with a complete and sufficient certification, despite the opportunity
to cure the certification, or fails to provide any certification, the employer may deny the taking of FMLA leave.
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A certification is “incomplete” if one or more of the applicable entries have not been completed. A certification is “insufficient” if it is
complete, but the information provided is vague, ambiguous, or
non-responsive. A certification that is not returned to the employer
is not considered incomplete or insufficient, but constitutes
a failure to provide certification.
29 C.F.R. 825.305(c)–(d)
MEDICAL
CERTIFICATION OF
SERIOUS HEALTH
CONDITION
When leave is taken because of an employee's own serious health
condition, or the serious health condition of a family member, an
employer may require the employee to obtain medical certification
from a health-care provider that includes the information described
at 29 C.F.R. 825.306(a). An employer may use DOL optional form
WH-380E when the employee needs leave due to the employee's
own serious health condition and optional form WH-380F when the
employee needs leave to care for a family member with a serious
health condition. An employer may not require information beyond
that specified in the FMLA regulations.
While an employee may choose to comply with the certification requirement by providing the employer with an authorization, release,
or waiver allowing the employer to communicate directly with the
health-care provider, the employee may not be required to provide
such an authorization, release, or waiver.
For the definition of “health-care provider,” see 29 C.F.R. 825.102
and 29 C.F.R. 825.125.
29 C.F.R. 825.306
GENETIC
INFORMATION
AUTHENTICATION
AND CLARIFICATION
Any receipt of genetic information in response to a request for
medical information shall be deemed inadvertent if an employer
uses language such as that at 29 C.F.R. 1635.8(b)(1)(i)(B). 29
C.F.R. 1635.8(b)(1)(i)(A) [See DAAA(LEGAL)]
If an employee submits a complete and sufficient certification
signed by the health-care provider, an employer may not request
additional information from the health-care provider. However, an
employer may contact the health-care provider for purposes of clarification and authentication of the certification after the employer
has given the employee an opportunity to cure any deficiencies, as
set forth above. To make such contact, the employer must use a
health-care provider, a human resources professional, a leave administrator, or a management official. Under no circumstances
may the employee's direct supervisor contact the employee's
health-care provider.
“Authentication” means providing the health-care provider with a
copy of the certification and requesting verification that the infor-
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mation on the form was completed and/or authorized by the healthcare provider who signed the document; no additional medical information may be requested.
“Clarification” means contacting the health-care provider to
understand the handwriting on the certification or to understand the
meaning of a response. An employer may not ask the health-care
provider for additional information beyond that required by the
certification form. The requirements of the Health Insurance
Portability and Accountability Act (HIPAA) Privacy Rule must be
satisfied when individually identifiable health information of an
employee is shared with an employer by a HIPAA-covered healthcare provider.
29 C.F.R. 825.307(a)
SECOND AND THIRD
OPINIONS
An employer who has reason to doubt the validity of a medical certification may require the employee to obtain a second opinion at
the employer’s expense in accordance with 29 C.F.R. 825.307(b).
If the opinions of the employee's and the employer’s designated
health-care providers differ, the employer may require the employee to obtain certification from a third health-care provider, again at
the employer’s expense in accordance with 29 C.F.R. 825.307(c).
29 C.F.R. 825.307(b)–(c)
FOREIGN MEDICAL
CERTIFICATION
If the employee or a family member is visiting another country, or a
family member resides in another country, and a serious health
condition develops, the employer shall accept medical certification
as well as second and third opinions from a health-care provider
who practices in that country. If the certification is in a language
other than English, the employee must provide the employer with a
written translation of the certification upon request. 29 C.F.R.
825.307(f)
RECERTIFICATION
An employer may request recertification no more often than every
30 days and only in connection with an absence by the employee,
unless 29 C.F.R. 825.308(b) or (c) apply. The employee must provide the requested recertification to the employer within the time
frame requested by the employer, which must allow at least 15 calendar days after the employer's request, unless it is not practicable
under the particular circumstances to do so despite the employee's
diligent, good faith efforts.
The employer may ask for the same information when obtaining
recertification as that permitted for the original certification. As part
of the information allowed to be obtained on recertification for leave
taken because of a serious health condition, the employer may
provide the health-care provider with a record of the employee's
absence pattern and ask the health-care provider if the serious
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health condition and need for leave is consistent with such a pattern.
Any recertification requested by the employer shall be at the employee's expense unless the employer provides otherwise. No second or third opinion on recertification may be required.
29 C.F.R. 825.308
ANNUAL MEDICAL
CERTIFICATION
CERTIFICATION—
QUALIFYING
EXIGENCY LEAVE
Where the employee's need for leave due to the employee's own
serious health condition, or the serious health condition of the
employee's covered family member, lasts beyond a single leave
year, the employer may require the employee to provide a new
medical certification in each subsequent leave year. Such new
medical certifications are subject to the provisions for
authentication and clarification set forth in 29 C.F.R. 825.307,
including second and third opinions. 29 C.F.R. 825.305(e)
The first time an employee requests leave because of a qualifying
exigency arising out of the covered active duty or call to covered
active duty status (or notification of an impending call or order to
covered active duty) of a military member, an employer may require the employee to provide a copy of the military member's active duty orders or other documentation issued by the military that
indicates that the military member is on covered active duty or call
to covered active duty status, and the dates of the military member's covered active duty service.
The employer may require that the leave for any qualifying exigency be supported by a certification that addresses the information
described at 29 C.F.R. 825.309(b). DOL optional form WH-384, or
another form containing the same basic information, may be used
by the employer; however, no information may be required beyond
that specified in 29 C.F.R. 825.309. The employer may verify in
accordance with 29 C.F.R. 825.309(d).
29 C.F.R. 825.309
CERTIFICATION—
MILITARY
CAREGIVER LEAVE
When leave is taken to care for a covered servicemember with a
serious injury or illness, an employer may require the employee to
obtain a certification completed by an authorized health-care provider of the covered servicemember. The employer may request
that the health-care provider provide the information described at
29 C.F.R. 825.310(b). In addition, the employer may request that
the employee and/or covered servicemember address in the certification the information described at 29 C.F.R. 825.310(c). The
employer may require the employee to provide confirmation of a
covered family relationship to the seriously injured or ill
servicemember pursuant to 29 C.F.R. 825.122(j).
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DOL optional form WH-385, WH-385-V, or another form containing
the same basic information, may be used by the employer for this
certification; however, no information may be required beyond that
specified by 29 C.F.R. 825.310. An employer must accept as sufficient certification invitational travel orders (ITOs) or invitational
travel authorizations (ITAs) issued to any family member to join an
injured or ill servicemember at his or her bedside. An employer
must accept as sufficient certification of the servicemember’s serious injury or illness documentation indicating the servicemember’s
enrollment in the U.S. Department of Veterans Affairs Program of
Comprehensive Assistance for Family Caregivers.
An employer may seek authentication and/or clarification of the
certification under the procedures described above. Second and
third opinions, as described above, are not permitted for leave to
care for a covered servicemember when the certification has been
completed by one of the types of health- care providers identified in
29 C.F.R. 825.310(a)(1)–(4). However, second and third opinions
are permitted when the certification has been completed by a
health care provider as defined in 29 C.F.R. 825.125 that is not one
of the types identified in 29 C.F.R. 825.310(a)(1)–(4). Additionally,
recertifications, as described above, are not permitted for leave to
care for a covered servicemember.
Where medical certification is requested by an employer, an employee may not be held liable for administrative delays in the issuance of military documents, despite the employee’s diligent, goodfaith efforts to obtain such documents.
29 C.F.R. 825.310
INTENT TO RETURN
TO WORK
An employer may require an employee on FMLA leave to report
periodically on the employee's status and intent to return to work.
The employer’s policy regarding such reports may not be discriminatory and must take into account all of the relevant facts and circumstances related to the individual employee's leave situation.
29 C.F.R. 825.311(a)
FITNESS FOR DUTY
CERTIFICATION
As a condition of restoring an employer who took FMLA leave due
to the employee's own serious health condition, an employer may
have a uniformly applied policy or practice that requires all similarly
situated employees (i.e., same occupation, same serious health
condition) who take leave for such conditions to obtain and present
certification from the employee's health-care provider that the employee is able to resume work.
An employer may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employee's
need for FMLA leave. Additionally, an employer may require that
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the certification specifically address the employee's ability to perform the essential functions of the employee's job. In order to require such a certification, an employer must provide an employee
with a list of the essential functions of the employee's job no later
than with the designation notice required by 29 C.F.R. 825.300(d)
and must indicate in the designation notice that the certification
must address the employee's ability to perform those essential
functions.
The cost of the certification shall be borne by the employee, and
the employee is not entitled to be paid for the time or travel costs
spent in acquiring the certification.
29 C.F.R. 825.312(a)–(c)
FAILURE TO
PROVIDE
CERTIFICATION
If the employee fails to provide the employer with a complete and
sufficient certification, despite the opportunity to cure, or fails to
provide any certification, the employer may deny the taking of
FMLA leave. This provision applies in any case where an employer requests a certification, including any clarifications necessary to
determine if certifications are authentic and sufficient. 29 C.F.R.
825.305(d)
For failure to provide timely certification of foreseeable leave, see
29 C.F.R. 825.313(a). For failure to provide timely certification of
unforeseeable leave, see 29 C.F.R. 825.313(b). For failure to provide timely recertification, see 29 C.F.R. 825.313(c). For failure to
provide timely fitness-for-duty certification, see 29 C.F.R.
825.313(d).
Note:
Prototypes of the DOL notice and certification forms are
available from the nearest office of the DOL Wage and
Hour Division or on the Internet at
http://www.dol.gov/whd.
SECTION IV: MISCELLANEOUS PROVISIONS
RECORDS
The FMLA provides that covered employers, including qualified college districts, shall make, keep, and preserve records pertaining to
its obligations under the FMLA in accordance with the recordkeeping requirements of the Fair Labor Standards Act (FLSA) and the
FMLA regulations. Employers must keep these records for no less
than three years and make them available for inspection, copying,
and transcription by representatives of the DOL upon request.
If an employer is preserving records electronically, the employer
must comply with 29 C.F.R. 825.500(b). Covered employers who
have eligible employees must maintain records with the data set
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forth at 29 C.F.R. 825.500(c). Covered employers with no eligible
employees must maintain just the data at 29 C.F.R. 825.500(c)(1).
Covered employers in a joint employment situation, see 29 C.F.R.
825.500(e).
Records and documents relating to certifications, recertifications, or
medical histories of employees or employees’ family members,
created for purposes of FMLA, shall be maintained as confidential
medical records in separate files/records from the usual personnel
files. If the Genetic Information Nondiscrimination Act of 2008
(GINA) is applicable, records and documents created for purposes
of the FMLA containing family medical history or genetic information as defined in GINA shall be maintained in accordance with
the confidentiality requirements of Title II of GINA [see 29 C.F.R.
1635.9], which permit such information to be disclosed consistent
with the requirements of the FMLA. If the Americans with Disabilities Act (ADA) is also applicable, such records shall be maintained
in conformance with ADA confidentiality requirements [see 29
C.F.R. 1630.14(c)(1)], except as set forth in 29 C.F.R. 825.500(g).
29 C.F.R. 825.500
PROHIBITION AGAINST
DISCRIMINATION AND
RETALIATION
The FMLA prohibits interference with an employee's rights under
the law, and with legal proceedings or inquiries relating to an employee's rights. 29 U.S.C. 2615; 29 C.F.R. 825.220
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Note:
FEDERAL MILITARY
LEAVE
REEMPLOYMENT
This policy addresses leave for an employee’s military
service. For provisions on leaves in general, see DEC.
For provisions regarding the Family and Medical Leave
Act (FMLA), including family and medical leave for an
employee seeking leave because of a relative’s military
service, see DECA.
Any person who is absent from a position of employment by reason of voluntary or involuntary service in the uniformed services
shall be entitled to certain reemployment rights and benefits under
the Uniformed Services Employment and Reemployment Rights
Act of 1994 (USERRA), 38 U.S.C. 4301-4335, and its regulations
at 20 C.F.R. Part 1002 if:
1.
Unless notice is precluded by military necessity or is otherwise unreasonable or impossible, the person, or an appropriate officer of the uniformed service in which such service is
performed, has given advance written or verbal notice of such
service to such person's employer;
2.
The cumulative length of the absence and of all previous absences from a position of employment with that employer by
reason of service in the uniformed services does not exceed
five years, calculated in accordance with 38 U.S.C. 4312(c);
and
3.
The person reports to or submits an application for
reemployment to such employer in accordance with the provisions of 38 U.S.C. 4312(e) and (f) and 20 C.F.R. Part 1002,
Subpart C.
38 U.S.C. 4312(a)–(c); 20 C.F.R. 1002.5(1)
For purposes of federal military leave, “uniformed services” means
the Armed Forces; the Army National Guard and the Air National
Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of
the Public Health Services; and any other category of persons designated by the president in time of war or emergency. 38 U.S.C.
4303(16)
The term “service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed
service under competent authority and includes active duty, active
duty for training, initial active duty for training, inactive duty training,
full-time National Guard duty, a period for which a person is absent
from a position of employment for the purpose of an examination to
determine the fitness of the person to perform any such duty, and a
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period for which a person is absent from employment for the purpose of performing funeral honors duty. 38 U.S.C. 4303(13)
A person who is reemployed under USERRA is entitled to the seniority and other rights and benefits determined by seniority that the
person had on the date of the commencement of uniformed service, plus the additional seniority rights, and benefits that such person would have attained if the person had remained continuously
employed. 38 U.S.C. 4316(a)
EXCEPTIONS
An employer, including a college district, is not required to
reemploy a person if:
1.
The employer’s circumstances have so changed as to make
reemployment impossible or unreasonable;
2.
The person is entitled to reemployment under 38 U.S.C.
4313(a)(3), 4313(a)(4), or 4313 (b)(2)(B), and the reemployment of the person would impose an undue hardship on the
employer; or
3.
The employment from which the person leaves to serve in the
uniformed services is for a brief, nonrecurrent period and
there is no reasonable expectation that such employment will
continue indefinitely or for a significant period.
38 U.S.C. 4312(d)
A person's entitlement to the benefits of 38 U.S.C. Chapter 43 by
reason of the service of such person in one of the uniformed services terminates upon the occurrence of any of the following
events:
1.
A separation of such person from such uniformed service with
a dishonorable or bad conduct discharge.
2.
A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the U.S. Secretary concerned.
3.
A dismissal of such person permitted under or a dropping of
such person from the rolls pursuant to 10 U.S.C. 1161(a)
(dismissal of commissioned officers).
38 U.S.C. 4304
NOTICE
Each employer shall provide to persons entitled to rights and benefits under 38 U.S.C. Chapter 43 a notice of the rights, benefits, and
obligations of such persons and such employers. The requirement
for the provision of notice may be met by the posting of the notice
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where employers customarily place notices for employees. The
U.S. Secretary of Labor shall provide to employers the text of the
notice. 38 U.S.C. 4334
STATE LEAVE FOR
MEMBER OF MILITARY
OR RESCUE TEAM
SHORT TERM
CALLED TO DUTY
A person who is an officer or employee of the state, a municipality,
a county, or another political subdivision of the state, including a
college district, who is a member of the state military forces, a reserve component of the U.S. Armed Forces or a member of state
or federally authorized Urban Search and Rescue Team shall be
granted a paid leave of absence from the employee’s duties without loss of time, efficiency rating, personal time, sick leave, or vacation time on all days during which the employee is engaged in
authorized training or duty ordered or authorized by proper authority. Such leave shall not exceed 15 workdays in a federal fiscal
year. Gov’t Code 431.005(a)
A member of the state military forces who is ordered to active state
duty by the governor or other proper authority under state law is
entitled to the same benefits and protections provided to persons
performing service in the uniformed services under 38 U.S.C.
4301–4313 and 4316–4319 (USERRA) and to persons in the military service of the United States under 50 App. U.S.C. 501–536,
560, and 580–594, as those laws existed on April 1, 2003. Gov’t
Code 431.017
Such employees who are ordered to duty by proper authority shall
be restored, when relieved from duty, to the position held by them
when ordered to duty. Gov’t Code 431.005(c)
LONG TERM
CHAPTER 431
CHAPTER 613
An employer, including a college district, may not terminate the
employment of an employee who is a member of the military forces
of this state or any other state because the employee is ordered to
authorized training or duty by a proper authority. The employee is
entitled to return to the same employment held when ordered to
training or duty and may not be subjected to loss of time, efficiency
rating, vacation time, or any benefit of employment during or because of the absence. The employee, as soon as practicable after
release from duty, must give written or actual notice of intent to return to employment. Gov’t Code 431.006(a)
A public employee, other than a temporary employee, who leaves
a state position or a position with a local governmental entity, including a college district, to enter active military service is entitled
to be reemployed by the state or the local governmental entity; in
the same department, office, commission, or board of this state, a
state institution, or local governmental entity in which the employee
was employed at the time of the employee's induction or enlistment
in, or order to, active military service; and in the same position held
at the time of the induction, enlistment, or order or to a position of
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similar seniority, status, and pay. To be entitled to reemployment,
the employee must be discharged, separated, or released from active military service under honorable conditions not later than the
fifth anniversary after the date of induction, enlistment, or call to
active military service and must be physically and mentally qualified to perform the duties of the position. Gov’t Code 613.001(3),
.002
A public employee who cannot perform the duties of the position
because of a disability sustained during military service is entitled
to reemployment in the department, office, commission, or board of
the state, a state institution, or a local governmental entity in a position that the employee can perform and that has like seniority,
status, and pay as the former position or the nearest possible seniority, status, and pay. Gov’t Code 613.003
To be reemployed, a veteran must apply for reemployment not later
than the 90th day after the date the veteran is discharged or released from active military service. The application must be made
in writing to the head of the department, office, commission, or
board of this state, the state institution, or the local governmental
entity and have attached to it evidence of the veteran’s discharge,
separation, or release from military service under honorable conditions. Gov’t Code 613.004
A person reemployed under Government Code Chapter 613 shall
not be discharged without cause before the first anniversary of the
date of the reemployment. Gov’t Code 613.005
“Military service” means service as a member of the Armed Forces
of the United States, a reserve component of the Armed Forces of
the United States, the Texas National Guard, or the Texas State
Guard. Gov’t Code 613.001(2)
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EXPENSE REIMBURSEMENT
TRAVEL SERVICES
DEE
(LEGAL)
An employee of a public junior college who is engaged in official
business may participate in the comptroller’s contract for travel
services. Gov’t Code 2171.055(f); 34 TAC 20.301(b)(2)(E)
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SEARCHES—
GENERAL RULE
DHB
(LEGAL)
Citizens, including employees of a governmental entity such as a
college district, have a right to be free from unreasonable searches
and seizures. U.S. Const. Amend. IV; Tex. Const. Art. I, Sec. 9
A governmental entity may search an employee or an employee’s
property if:
1.
There are reasonable grounds to believe that the search will
turn up evidence that the employee is guilty of work-related
misconduct; and
2.
The search is reasonably related in scope to the circumstances that justified the interference in the first place.
O’Connor v. Ortega, 480 U.S. 709 (1987); New Jersey v. T.L.O.,
469 U.S. 325 (1985)
In addition, the governmental entity may search an employee’s
workplace for noninvestigatory, work-related purposes, or if there
are reasonable grounds to believe that the search will turn up evidence that the employee is guilty of work-related misconduct.
O’Connor v. Ortega, 480 U.S. 709 (1987)
DRUG / ALCOHOL
TESTING
Blood, urine, and breath tests of public employees to determine
drug use are searches under the Fourth Amendment of the U.S.
Constitution. Skinner v. Railway Labor Executives Ass’n, 489 U.S.
602 (1989)
RANDOM DRUG
TESTING
A governmental entity may conduct drug tests, without a warrant
and without individualized suspicion, when the test serves special
governmental needs that outweigh the individual’s privacy expectation. Skinner v. Railway Labor Executives Ass’n, 489 U.S. 602
(1989); Nat’l Treasury Employees Union v. Von Raab, 489 U.S. 656
(1989)
SAFETYSENSITIVE
POSITIONS
Random alcohol and drug testing of employees in “safetysensitive” positions may be permissible when the intrusiveness of
the search is minimal and the governing board of a governmental
entity is able to demonstrate that the drug-testing program furthers
its interest in ensuring the physical safety of students. “Safetysensitive” positions include those that involve the handling of potentially dangerous equipment or hazardous substances in an environment including a large number of children. Aubrey v. School
Board of LaFayette Parish, 148 F.3d 559 (5th Cir. 1998)
Note:
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The following testing requirements apply to every employee who operates a commercial motor vehicle and is
subject to commercial driver’s license requirements in
accordance with federal regulations.
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TESTING OF DRIVERS
An employer, including a college district, shall conduct testing, in
accordance with federal regulations, of commercial motor vehicle
operators for use of alcohol or a controlled substance that violates
law or federal regulation. 49 U.S.C. 31306; 49 C.F.R. Part 382
COMMERCIAL
MOTOR VEHICLE
A commercial motor vehicle is defined as a motor vehicle used to
transport passengers or property that:
1.
Has a gross combination weight rating of 26,001 or more
pounds inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds; or
2.
Has a gross vehicle weight rating of 26,001 or more pounds;
or
3.
Is designed to transport 16 or more passengers, including the
driver; or
4.
Is of any size and is used in the transportation of materials
found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle
to be placarded under the Hazardous Materials Regulations
(49 C.F.R. part 172, subpart F).
49 C.F.R. 382.107
TESTING
PROCEDURES
Each employer shall ensure that all alcohol or controlled substances testing conducted under 49 C.F.R. Part 382 complies with the
procedures set forth in 49 C.F.R. Part 40. 49 C.F.R. 382.105
TESTS REQUIRED
Required testing includes preemployment, postaccident, random,
reasonable suspicion, return-to-duty, and follow-up testing. No
driver shall refuse to submit to a preemployment controlled substance test, a postaccident alcohol or controlled substances test, a
random alcohol or controlled substances test, a reasonable suspicion alcohol or controlled substances test, or a return-to-duty or
follow-up alcohol or controlled substances test. No employer shall
permit a driver who refuses to submit to such tests to perform or
continue to perform safety-sensitive functions. 49 C.F.R. 382.211,
.309
EDUCATIONAL
MATERIALS
Each employer shall provide educational materials that explain the
federal requirements and the employer’s policies and procedures
with respect to meeting these requirements and shall ensure that a
copy of these materials is distributed to each driver before the start
of alcohol and controlled substances testing under this policy and
to each driver subsequently hired or transferred into a position that
requires driving a commercial motor vehicle. Written notice to representatives of employee organizations of the availability of this
information shall also be provided. The materials shall include de-
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tailed discussion of at least the items listed at 49 C.F.R. 382.601.
49 C.F.R. 382.601
REPORTS
An employer required by federal safety regulations to conduct alcohol and drug testing of an employee who holds a commercial
driver’s license shall report the following information to the Department of Public Safety:
1.
A valid positive result on an alcohol or drug test and whether
the specimen producing the result was a dilute specimen.
“Valid positive result” means an alcohol concentration of 0.04
or greater on an alcohol confirmation test, or a result at or
above the cutoff concentration levels listed in 49 C.F.R. 40.87
on a confirmation drug test.
“Dilute specimen” means a specimen with creatinine and specific gravity values that are lower than expected for human
urine.
2.
A refusal to provide a specimen for an alcohol or drug test.
3.
An adulterated specimen, or substituted specimen, as defined
at 49 C.F.R. 40.3, on an alcohol or drug test.
For purposes of this requirement, the term “employee” includes
applicants for employment subject to preemployment testing.
Transp. Code 644.251–.252; 49 C.F.R. 40.3
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SECTION E: INSTRUCTION
EA
EB
EBA
EBB
Distance Education
Off Campus Instruction
EC
ECA
ECB
ECC
Instructional Departments
Class Size
Course Load and Schedules
ED
EDA
EDAA
EDB
EDC
Instructional Materials
Libraries and Laboratories
Instructional Services
Community Instructional Resources
EE
CURRICULUM DEVELOPMENT
EF
EFA
EFAA
EFAB
EFAC
EFB
EFBA
EFC
EFCA
EFCB
EFCC
EFCD
EFCE
EFCF
EFD
EFDA
EFDB
CURRICULUM DESIGN
Instructional Programs and Courses
Academic Courses
Career Technical/Workforce Courses
Developmental Education
Degrees and Certificates
Degree Plans
Special Programs
Students with Disabilities
Adult Basic and Secondary Education
Elementary and Secondary Students
GED Testing Centers
Community Education Programs
Driver Education
Extended Instructional Programs
Summer School
Honors Program
EG
EGA
EGAA
EGAB
EGB
EGC
EGCA
Grading and Credit
Credit by Examination
Examinations
Class Rankings
Graduation
Honorary Degrees
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SECTION E: INSTRUCTION
EH
EHA
EHB
EHC
GUIDANCE PROGRAMS AND SERVICES
Placement Office
Counseling
Tutorial Services
EI
TESTING PROGRAMS
EJ
EJA
EJB
Other Instructional Initiatives
Religion in Instruction
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EA
(LEGAL)
The Commissioner of Higher Education shall establish and periodically update a common calendar for Texas public universities and
community, technical, and state colleges. The Commissioner may
grant waivers to the common calendar to benefit students and/or to
improve the efficient operations of the institutions. 19 TAC 4.5(a)(b)
FALL AND SPRING
SEMESTERS
A semester normally shall include at least 15 weeks for instruction
and one week for final examinations or a total of 16 weeks for instruction and examinations combined. Every fall semester will end
before Christmas but not later than December 23. 19 TAC 4.5(c)
SUMMER SESSION
The summer session shall be considered an integral part of the
college year, and maximum use should be made of the summer
session. Each of the two summer terms shall include no less than
five and one-half calendar weeks including registration, instructions, and final examinations. Colleges may register students for a
six-semester-credit-hour load for each five and one-half week
summer term. Colleges and universities may schedule summer
enrollment periods longer or shorter than five and one-half weeks,
but the amount of credit given must be proportional. 19 TAC 4.5(d)
OTHER DATES
Each college and university shall establish its own dates for orientation, registration, holidays, final examinations, and the end of
each semester and summer term consistent with the provisions
above. 19 TAC 4.5(e)
UTILIZATION OF
FACILITIES
Nothing in this policy shall be interpreted to preclude experimentation and innovation by any institution looking toward full utilization
of facilities on a year-round basis. 19 TAC 4.5(g)
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No off-campus courses for credit may be offered by any public
technical institute, public community college, or public college or
university without specific prior approval of the Coordinating Board.
However, any of those institutions may offer a distance learning
course approved by the Coordinating Board with no in-state geographic restrictions if the course is within the approved curriculum
of the institution. Education Code 61.051(j)
DEFINITIONS
“DISTANCE
EDUCATION”
“DISTANCE
EDUCATION
COURSE”
“Distance education” is the formal education process that occurs
when students and instructors are not in the same physical setting
for the majority (more than 50 percent) of instruction. 19 TAC
4.257(8)
A “distance education course” refers to a course in which a majority
(more than 50 percent) of the instruction occurs when the student(s) and instructor(s) are not in the same place. Two categories
of distance education courses are defined as follows:
1.
Fully Distance Education Course: A course that may have
mandatory face-to-face sessions totaling no more than 15
percent of the instructional time. Examples of face-to-face
sessions include orientation, laboratory, exam review, or an
in-person test.
2.
Hybrid/Blended Course: A course in which a majority (more
than 50 percent but less than 85 percent) of the planned instruction occurs when the students and instructor(s) are not in
the same place.
19 TAC 4.257(9)
“SELF-SUPPORTING
COURSES AND
PROGRAMS”
“Self-supporting courses and programs” are academic credit
courses and programs (formerly defined as extension courses or
programs) whose semester credit hours are not submitted for formula funding. 19 TAC 4.257(24)
“WORKFORCE
CONTINUING
EDUCATION
COURSE”
A “workforce continuing education course” is a course of ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and
qualified instruction, as outlined in the Guidelines for Instructional
Programs in Workforce Education with an occupationally specific
objective and supported by state appropriations. Workforce continuing education courses are offered by community and technical
colleges and differ from a community service course, which is not
eligible for state reimbursement and is offered for recreational or
vocational purposes. 19 TAC 4.257(27)
APPLICABILITY OF
SUBCHAPTER P
The provisions of 19 Administrative Code Chapter 4, Subchapter P
(addressing approval of distance education courses and programs)
apply to academic credit courses, degree and certificate programs,
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and self-supporting courses and programs provided by all public
institutions of higher education, including college districts, and formula-funded workforce continuing education provided by a public
community college, Lamar State College, or public technical college. These provisions do not apply to non-formula-funded continuing education provided by a public community college, Lamar
State College, or public technical college. 19 TAC 4.258
STANDARDS AND
CRITERIA
GENERALLY
With respect to distance education, all institutions covered by 19
Administrative Code Chapter 4, Subchapter P shall:
1.
Comply with the standards and criteria of the Commission on
Colleges of the Southern Association of Colleges and
Schools.
2.
Adhere to criteria outlined in Principles of Good Practice for
Degree and Certificate Programs and Courses Offered
through Distance Education.
3.
Provide students academic support services appropriate for
distance education, such as advising, career counseling, library, and other learning resources.
4.
Report enrollments, courses, and graduates associated with
distance education offerings as required by the
Commissioner.
If a non-Texas resident student enrolls in regular, on-campus
courses for at least one-half of the normal full-time course
load as determined by the institution, the institution may report that student’s fully distance education or hybrid/blended
courses for formula-funding enrollments.
19 TAC 4.260
OUT-OF-STATE
If an institution is offering postsecondary education through distance or correspondence education to students in a state in which
it is not physically located or in which it is otherwise subject to state
jurisdiction as determined by the state, the institution must meet
any state requirements for it to be legally offering postsecondary
distance or correspondence education in that state. An institution
must be able to document to the U.S. Secretary of Education the
state's approval upon request. 34 C.F.R. 600.9(c)
For the purposes of the out-of-state approval provision, “distance
education” means education that uses one or more of the technologies listed below at 1 through 4 to deliver instruction to students
who are separated from the instructor and to support regular and
substantive interaction between the students and the instructor,
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either synchronously or asynchronously. The technologies may
include:
1.
The Internet;
2.
One-way and two-way transmissions through open broadcast,
closed circuit, cable, microwave, broadband lines, fiber optics,
satellite, or wireless communications devices;
3.
Audio conferencing; or
4.
Video cassettes, DVDs, and CD–ROMs, if the cassettes,
DVDs, or CD–ROMs are used in a course in conjunction with
any of the technologies listed at 1 through 3, above.
A “correspondence course” is a course provided by an institution
under which the institution provides instructional materials, by mail
or electronic transmission, including examinations on the materials,
to students who are separated from the instructor. Interaction between the instructor and the student is limited, is not regular and
substantive, and is primarily initiated by the student. Correspondence courses are typically self-paced. A correspondence course is
not distance education.
If a course is part correspondence and part residential training, the
U.S. Secretary of Education considers the course to be a correspondence course.
34 C.F.R. 600.2
DISTANCE
EDUCATION
PROGRAMS
The following standards and criteria apply to programs offered under the provisions of 19 Administrative Code Chapter 4, Subchapter P:
1.
Each program shall be within the role and mission of the institution responsible for offering the instruction and shall be on
the inventory of approved programs.
2.
Prior approval by the Coordinating Board may be required
before an institution may offer programs in certain subject area disciplines or under other conditions specified by the Coordinating Board or the Commissioner.
3.
An institution offering a degree or certificate program shall
comply with the standards and criteria of any specialized accrediting agency or professional certification board.
4.
Each degree program offered by distance education shall be
approved by an institution’s governing board or the board’s
institutional designee. Certification of approval shall be submitted to the Coordinating Board upon request.
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5.
An institution shall require that students, except for students in
out-of-country programs, enrolled in a distance education degree program satisfy the same requirements for admission to
the institution and the program as required of regular oncampus students. Students in degree programs to be offered
collaboratively shall meet the admission standards of their
home institution.
6.
Out-of-country students shall meet equivalent standards for
admission into programs and shall be assessed for academic
guidance purposes in a manner determined by the admitting
institution.
19 TAC 4.261
DISTANCE
EDUCATION
COURSES
The following standards and criteria apply to courses offered under
the provisions of 19 Administrative Code Chapter 4, Subchapter P:
1.
Each course shall be within the role and mission of the institution responsible for offering the instruction and shall be on its
inventory of approved courses.
2.
All courses shall meet the quality standards applicable to oncampus courses.
3.
Institutions shall report to the Coordinating Board, in accordance with Coordinating Board policy and procedures, all distance education courses and programs.
4.
Students shall satisfy the same requirement for enrollment in
an academic credit course as required of on-campus students, except that out-of-country students shall meet equivalent standards for enrollment in an academic credit course
and shall be assessed for academic guidance purposes in a
manner determined by the admitting institution.
5.
The instructor of record shall bear responsibility for the delivery of instruction and for evaluation of student progress.
6.
Prior Coordinating Board approval may be required before an
institution may offer programs in certain subject area disciplines or under other conditions specified by the Coordinating
Board or the Commissioner.
19 TAC 4.262
DISTANCE EDUCATION
FACULTY
The following standards and criteria apply to faculty teaching in
programs offered under the provisions of 19 Administrative Code,
Chapter 4, Subchapter P:
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1.
Faculty shall be selected and evaluated by equivalent standards, review, and approval procedures used by the institution
to select and evaluate faculty responsible for on-campus
courses.
2.
Institutions shall provide training and support to enhance the
added skills required of the faculty teaching courses through
electronic means.
3.
The supervising, monitoring, and evaluating processes for
faculty shall be equivalent to those for on-campus courses.
19 TAC 4.263
INSTITUTIONAL PLAN
Prior to offering any distance education courses or programs for
the first time, institutions of higher education, including college districts, shall submit an Institutional Plan for Distance Education to
the Coordinating Board for approval. The Commissioner shall provide guidelines for development of the report and a schedule for
any periodic submission of updated reports.
Institutional academic and administrative policies shall reflect a
commitment to maintain the quality of distance education courses
and programs in accordance with the provisions of
19 Administrative Code Chapter 4, Subchapter P. An Institutional
Plan for Distance Education shall conform to Coordinating Board
guidelines and criteria of the Commission on Colleges of the
Southern Association of Colleges and Schools in effect at the time
of the Report’s approval. These criteria shall include provisions
relating to:
1.
Institutional issues;
2.
Educational programs;
3.
Faculty;
4.
Student support services; and
5.
Distance education facilities and support.
19 TAC 4.259
FUNDING
FORMULA FUNDING
Institutions, including college districts, shall report distance education courses submitted for formula funding in accordance with the
Coordinating Board’s uniform reporting system and the provision of
19 Administrative Code Chapter 4, Subchapter P.
Institutions may submit for formula funding academic credit courses delivered by distance education to any student located in Texas
or to Texas residents located out-of-state or out-of-country.
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Institutions shall not submit for formula funding distance education
courses taken by non-resident students who are located out-ofstate or out-of-country, courses in out-of-state or out-of-country
programs taken by any students, or self-supporting courses.
19 TAC 4.264(a)–(c)
FEES
For courses not submitted for formula funding, institutions shall
charge fees that are equal or greater than Texas resident tuition
and applicable fees and that are sufficient to cover the total cost of
instruction and overhead, including administrative costs, benefits,
computers and equipment, and other related costs.
Institutions shall report fees received for self-supporting and out-ofstate/country courses in accordance with general institutional accounting practices.
19 TAC 4.264(d)
Note:
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For more information regarding distance education, including related approval processes, reporting deadlines,
and forms, visit the Coordinating Board’s Distance Education Policies, Procedures, and Forms Web Site, available at
www.thecb.state.tx.us/index.cfm?objectid=A5A152ACD29D-334F-872625E9E77B3B37.
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EBB
(LEGAL)
No off-campus courses for credit may be offered by any public
technical institute, public community college, or public college or
university without specific prior approval of the Coordinating Board.
The Coordinating Board may not prohibit a public college district
from offering a course for credit outside the boundaries of the college district when such course has met the requirements for approval as adopted by the Coordinating Board. Education Code
61.051(j)
DEFINITIONS
“CLINICAL COURSE”
A “clinical course” is an academic credit course that is a healthrelated, work-based learning experience that enables the student
to apply specialized occupational theory, skills, and concepts.
19 TAC 4.272(4)
“CLINICAL FACILITY”
A “clinical facility” is a health-care facility that provides learning experiences for students. 19 TAC 4.272(5)
“OFF-CAMPUS
COURSE”
An “off-campus course” means a course in which a majority (more
than 50 percent) of the instruction occurs when the students and
instructor(s) are in the same physical location and off-campus locations are outside the service area. 19 TAC 4.272(18)
“OFF-CAMPUS
DEGREE OR
CERTIFICATE
PROGRAM”
An “off-campus degree or certificate program” is a program in
which a student may complete a majority (more than 50 percent) of
the credit hours required for the program through off-campus
courses. 19 TAC 4.272(19)
“OFF-CAMPUS
INSTRUCTION”
“Off-campus instruction” is the formal educational process in which
a majority (more than 50 percent) of the instruction occurs when
the students and instructor(s) are in the same physical location and
off-campus locations are sites outside of the service area. 19 TAC
4.272(20)
“OUT-OF-STATE /
OUT-OF-COUNTRY
COURSES AND
PROGRAMS”
“Out-of-state/out-of-country courses and programs” are academic
credit courses and programs delivered outside Texas/United States
to individuals or groups who are not regularly enrolled on-campus
students. Out-of-state and out-of-country courses do not receive
formula funding. 19 TAC 4.272(21)
“SELF-SUPPORTING
COURSES AND
PROGRAMS”
“Self-supporting courses and programs” are academic credit
courses and programs whose semester credit hours are not submitted for formula funding. 19 TAC 4.272(27)
“STUDY-IN-AMERICA
COURSES”
“Study-in-America courses” are off-campus, academic credit instruction, which is delivered outside Texas but in the United States
primarily to regular on-campus students. 19 TAC 4.272(30)
“STUDY-ABROAD
COURSES”
“Study-abroad courses” are off-campus, academic credit instruction, which is delivered outside the United States primarily to regular on-campus students. 19 TAC 4.272(31)
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“WORKFORCE
CONTINUING
EDUCATION
COURSES”
“Workforce continuing education courses” are courses of ten contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and
qualified instruction, as outlined in the Guidelines for Instructional
Programs in Workforce Education with an occupationally specific
objective and supported by state appropriations. Workforce continuing education courses are offered by community and technical
colleges and differ from a community service course, which is not
eligible for state reimbursement and is offered for recreational or
vocational purposes. 19 TAC 4.272(32)
APPLICABILITY OF
SUBCHAPTER Q
The provisions of 19 Administrative Code Chapter 4, Subchapter Q
apply to academic credit courses, clinical courses, degree and certificate programs, and formula-funded workforce continuing education provided by a community college outside the boundaries of its
service area through off-campus instruction; academic credit
courses and programs offered by any public institution of higher
education outside of Texas, including Study-Abroad, Study-inAmerica, out-of-state, and out-of-country courses; and selfsupporting courses and programs that are offered through offcampus instruction. These provisions do not apply to continuing
education, except for formula-funded workforce continuing education, provided by public two-year colleges. 19 TAC 4.273
STANDARDS AND
CRITERIA
With respect to off-campus and self-supporting programs and
courses, all institutions, including college districts, shall:
GENERALLY
1.
Comply with the standards and criteria of the Commission on
Colleges of the Southern Association of Colleges and
Schools.
2.
If the institution is a parent institution, notify all potentially affected area institutions in accordance with Coordinating Board
policy and procedures.
3.
Report enrollments, courses, and graduates associated with
self-supporting offerings as required by the Commissioner.
4.
Report fees received for self-supporting and out-ofstate/country courses in accordance with general institutional
accounting practices.
5.
Provide students academic support services appropriate for
off-campus instruction such as academic advising, career
counseling, library, and other learning resources.
6.
Ensure that off-campus instruction sites are of sufficient quality for the delivery methods and courses offered.
19 TAC 4.274
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OFF-CAMPUS
PROGRAMS
EBB
(LEGAL)
The following standards and criteria apply to programs offered
under the provisions of 19 Administrative Code, Chapter 4,
Subchapter Q:
1.
Each program shall be within the role and mission of the institution responsible for offering the instruction and shall be on
the inventory of approved programs.
2.
institution may offer programs in certain subject area disciplines or under other conditions specified by the Coordinating
Board or the Commissioner.
3.
An institution offering an off-campus degree or certificate program shall comply with the standards and criteria of any specialized accrediting agency or professional certification board.
4.
Each degree program offered off-campus shall be approved
by the institution’s governing board or the board’s institutional
designee. Certification of approval shall be submitted to the
Coordinating Board upon request.
5.
Institutions shall require that students (except for students in
out-of-country programs) enrolled in a distance education degree program satisfy the same requirements for admission to
the institution and the program as required of regular oncampus students. Students in degree programs to be offered
collaboratively shall meet the admission standards of their
home institution. Out-of-country students shall meet equivalent standards for admission into programs.
19 TAC 4.275
OFF-CAMPUS
COURSES
The following standards and criteria apply to programs offered
under the provisions of 19 Administrative Code, Chapter 4,
Subchapter Q, unless otherwise specified:
1.
Each course shall be within the role and mission of the institution responsible for offering the instruction and shall be on its
inventory of approved courses.
2.
institution may offer courses in certain subject area disciplines
or under other conditions specified by the Coordinating Board
or the Commissioner.
3.
Study-in-America and Study-Abroad courses offered by institutions of higher education, or by an approved consortium
composed of Texas public institutions, must be reported to the
Coordinating Board in the manner prescribed by the Commis-
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sioner in order for the semester credit hours or contact hours
generated in those courses to receive formula funding.
4.
All courses shall meet the quality standards applicable to oncampus courses.
5.
Institutions shall report to the Coordinating Board and shall
notify all potentially affected area institutions of all off-campus
courses and programs in accordance with Coordinating Board
policy and procedures.
6.
Except for students in out-of-country courses, students shall
satisfy the same requirements for enrollment in an academic
credit course as required of on-campus students. Out-ofcountry students shall be assessed for academic guidance
purposes.
7.
The instructor of record shall bear responsibility for the delivery of instruction and for evaluation of student progress.
19 TAC 4.276
OFF-CAMPUS PROGRAM AND COURSE
FACULTY
The following standards and criteria apply to faculty teaching in
programs offered under the provisions of 19 Administrative Code,
Chapter 4, Subchapter Q:
1.
Faculty shall be selected and evaluated by equivalent standards, review, and approval procedures used by the institution
to select and evaluate faculty responsible for on-campus
courses.
2.
Institutions shall provide training and support to enhance the
added skills required of the faculty teaching off-campus or
self-supporting courses.
3.
The supervising, monitoring, and evaluating processes for
faculty shall be equivalent to those for on-campus courses.
19 TAC 4.277
REGIONAL COUNCILS
Public community colleges shall submit for the appropriate Regional Council's review all off-campus lower-division courses proposed for delivery to sites outside their service areas. All institutions of higher education, including community colleges, shall
provide notice to the Higher Education Regional Councils when
planning to offer requested off-campus and/or electronic to groups
dual credit courses in the council's service area. 19 TAC 4.278(g),
(k)
With the exception of 19 Administrative Code 4.278(e) [see GH],
Regional Councils in each of the ten uniform state service Regions
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shall make recommendations to the Commissioner and shall resolve disputes regarding plans for lower-division courses and programs proposed by public institutions. 19 TAC 4.278(b)
CLINICAL COURSES
Universities, health-related institutions, public community and
technical colleges, and Lamar state colleges may offer clinical
courses at clinical facilities without Regional Council approval if
each of the following criteria is met:
1.
The student(s) enrolled in the clinical course is already employed by the clinical facility;
2.
The institution receives written verification from the clinical
facility that there will be no reduction in the number of clinical
opportunities available for use by area institutions; and
3.
The institution of higher education notifies the appropriate
Regional Council(s) of the clinical course and provides the
Regional Council(s) with written verification from the clinical
facility that the course will not reduce the number of clinical
opportunities available for use by area institutions.
19 TAC 4.278(i)
FORMULA FUNDING
Institutions, including college districts, shall report off-campus
courses submitted for formula funding in accordance with the Coordinating Board’s uniform reporting system and the provision of 19
Administrative Code Chapter 4, Subchapter Q.
Institutions shall not submit for formula-funding courses in out-ofstate or out-of-country programs, nor shall they submit selfsupporting courses for formula funding.
Institutions shall not submit non-state-funded, lower-division credit
courses to Regional Councils.
Institutions shall not jeopardize or diminish the status of formulafunded, on-campus courses and programs in order to offer selfsupporting courses. Self-supporting courses shall not be a substitute for offering a sufficient number of formula-funded on-campus
courses.
For courses not submitted for formula funding, institutions shall
charge fees that are equal to or greater than Texas resident tuition
and applicable fees and that are sufficient to cover the total cost of
instruction and overhead, including administrative costs, benefits,
computers and equipment, and other related costs.
FEE REPORTS
Institutions shall report fees received for self-supporting and out-ofstate/country courses in accordance with general institutional accounting practices.
19 TAC 4.279
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LIMIT ON
ENROLLMENT
To ensure the quality of student learning, institutions, including college districts, should not allow students to carry more courses in
any term (that is, regular or shortened semester), that would allow
them to earn more than one semester credit hour per week over
the course of the term. Institutions should have a formal written
policy for addressing any exceptions to this paragraph. 19 TAC 4.6
(b)–(c)
ADDING / DROPPING
COURSES
Courses at public community colleges may be added by students
up to and including the official census date. A student may not enroll in a course after that date.
Courses at public community colleges may be dropped and a student entitled to a refund of tuition and fees as outlined under 19
Administrative Code 21.5 [see FD].
Education Code 130.009; 19 TAC 9.31
LIMITATION ON
NUMBER OF
DROPPED COURSES
This section applies only to an undergraduate student who drops a
course at an institution of higher education, including a college district, and only if:
1.
The student was able to drop the course without receiving a
grade or incurring an academic penalty;
2.
The student's transcript indicates or will indicate that the student was enrolled in the course; and
3.
The student is not dropping the course in order to withdraw
from the institution.
An institution of higher education may not permit a student to drop
more than six courses, including any course a transfer student has
dropped at another institution of higher education, under the circumstances described above.
The governing board of an institution of higher education may
adopt a policy under which the maximum number of courses a student is permitted to drop under circumstances described above is
less than six courses.
Education Code 51.907(b)–(d), 19 TAC 4.3(11)
GOOD CAUSE
EXCEPTION
An institution of higher education shall permit an undergraduate
student to drop more courses than the six courses permitted to be
dropped under Education Code 51.907(c) or the courses permitted
to be dropped under a board policy adopted under Education Code
51.907(d) if the student shows good cause for dropping more than
that number, including but not limited to a showing of:
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1.
A severe illness or other debilitating condition that affects the
student's ability to satisfactorily complete a course;
2.
The student's responsibility for the care of a sick, injured, or
needy person if the provision of care affects the student's ability to satisfactorily complete a course;
3.
The death of a person who is either considered to be a member of the student's family or is otherwise considered to have
a sufficiently close relationship to the student, as defined below, that the person's death is considered to be a showing of
good cause;
4.
The active duty service as a member of the Texas National
Guard or the Armed Forces of the United States of either the
student or a person who is considered to be a member of the
student's family or a person who is otherwise considered to
have a sufficiently close relationship to the student, as described below;
5.
The change of the student’s work schedule that is beyond the
control of the student, and that affects the student’s ability to
satisfactorily complete the course; or
6.
Other good cause as determined by the institution of higher
education.
Education Code 51.907(e); 19 TAC 4.10(a)
DEFINITIONS
For purposes of this exception, a “member of the student’s family”
is defined to be the student’s spouse, child, grandchild, father,
mother, brother, sister, grandmother, grandfather, aunt, uncle,
nephew, niece, first cousin, step-parent, or step-sibling.
A “person who is otherwise considered to have a sufficiently close
relationship to the student” is defined to include any other relative
within the third degree of consanguinity, plus close friends, including but not limited to roommates, housemates, classmates, or other persons identified by the student for approval by the institution,
on a case-by-case basis.
19 TAC 4.10(b)
POLICY FOR
DETERMINING
GOOD CAUSE
REQUIRED
Each institution of higher education shall adopt a policy and procedure for determining a showing of good cause as described above
and provide a copy of the policy to the Coordinating Board.
Each institution of higher education shall publish the policy adopted
in its catalogue and other print and Internet-based publications as
appropriate for timely notification of students.
19 TAC 4.10(d)–(e)
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DETERMINING
NUMBER OF
COURSES
DROPPED
ECC
(LEGAL)
In determining the number of courses dropped by a student for
purposes of this section, a course, such as a laboratory or discussion course, in which a student is enrolled concurrently with a lecture course is not considered to be a course separate from the lecture course if:
1.
Concurrent enrollment in both courses is required; and
2.
In dropping the lecture course, the student would be required
to drop the laboratory, discussion, or other course in which
the student is concurrently enrolled.
Education Code 51.907(f)
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TEXTBOOK LIST
EDA
(LEGAL)
Each institution of higher education, including each college district,
shall, with respect to each course, include with the course schedule [see EFA] a list of the required and recommended textbooks
that specifies, to the extent practicable, the following information
for each textbook:
1.
The retail price;
2.
The author;
3.
The publisher;
4.
The most recent copyright date; and
5.
The International Standard Book Number (ISBN) assigned, if
any.
Education Code 51.452(a)
"Textbook" means a book published primarily for instruction in connection with a particular course or courses offered to postsecondary students by an institution of higher education. The term includes any edition of a textbook or set of textbooks and any item
considered supplemental specifically to the textbook, regardless of
whether the textbook and supplemental item are sold together or
separately. Education Code 51.451(6)
PUBLICATION
Each institution of higher education shall, as soon as practicable
after the institution has compiled the schedule and list but not later
than the 30th day before the first day that classes are conducted
for the semester or other academic term for which the schedule
and list are compiled:
1.
Publish the textbook list with the course schedule on the institution's Internet Web site and with any course schedule the
institution provides in hard copy format to the students of the
institution; and
2.
Make that information available to college bookstores and
other bookstores that generally serve the students of the institution.
As soon as practicable after the information becomes available, the
institution shall disseminate, as required for the original course
schedule and textbook list, specific information regarding any revisions to the institution's course schedule and textbook list.
Education Code 51.452(a), (c)
EXCEPTION
An institution of higher education is not required to publish a textbook list or any revisions to that textbook list if a college bookstore
publishes that list and any revisions to that list on the bookstore's
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EDA
(LEGAL)
Internet Web site on behalf of the institution at the appropriate
times required above. Education Code 51.452(b)
A "college bookstore" is a bookstore that is:
1.
Operated by an institution of higher education; or
2.
In a contractual relationship or otherwise affiliated with an institution of higher education.
Education Code 51.451(1)
FACULTY
DEADLINE
TEXTBOOK
AVAILABILITY
To allow for timely placement of textbook orders by students, each
institution of higher education shall establish a deadline by which
faculty members must submit information to be included in the
course schedule and textbook list. Education Code 51.452(c)
shall provide to each student enrolled at the institution written notice regarding the availability of required or recommended textbooks through university-affiliated bookstores and through retailers
other than university-affiliated bookstores.
The institution shall provide written notice regarding the availability
of textbooks to:
1.
Each student of the institution during the week preceding
each fall and spring semester;
2.
Each student enrolled at the institution in a semester or summer term during the first three weeks of the semester or the
first week of the summer term, as applicable; and
3.
Students or prospective students of the institution attending
an orientation conducted by or for the institution.
The notice shall be provided in a hard-copy or electronic format in
a manner that ensures that the notice is reasonably likely to come
to the attention of a student receiving the notice. For current students of an institution, an e-mail sent to a student's designated email address, or institutional e-mail account if another is not designated, shall be sufficient, as shall a hard copy mailed to the student's physical address. For students or prospective students attending an orientation, either an e-mail to their designated e-mail
address or a hard copy provided directly to the students shall be
sufficient.
The notice must contain the following statement: "A student of this
institution is not under any obligation to purchase a textbook from a
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EDA
(LEGAL)
university-affiliated bookstore. The same textbook may also be
available from an independent retailer, including an online retailer."
Education Code 51.9705; 19 TAC 4.216(1), .217–.218
"UNIVERSITYAFFILIATED
BOOKSTORE"
TEXTBOOK
INFORMATION
PROVISION OF ISBN
COLLEGE
TEXTBOOK
INFORMATION IN
COURSE
SCHEDULES
A "university-affiliated bookstore" means a bookstore that sells
textbooks for courses offered by an institution of higher education,
regardless of whether the bookstore is located on the campus of
the institution and is operated by or with the approval of the institution through ownership, a management agreement, a lease or
rental agreement, or otherwise. Education Code 51.9705(a)(2); 19
TAC 4.216(2)(c)
To the maximum extent practicable, each institution of higher education, including each college district, receiving federal financial
assistance shall:
1.
Disclose, on the institution’s Internet course schedule and in
the manner of the institution’s choosing, the ISBN and retail
price information of required and recommended college textbooks and supplemental materials for each course listed in
the institution’s course schedule used for preregistration and
registration purposes. If the ISBN is not available for such
college textbook or supplemental material, then the institution
shall include in the Internet course schedule the author, title,
publisher, and copyright date for such college textbook or
supplemental material. If the institution determines that the
disclosure of the information described above is not practicable for a college textbook or supplemental material, then the
institution shall so indicate by placing the designation “To Be
Determined” in lieu of the information required under this subsection; and
2.
If applicable, include on the institution’s written course schedule a notice that textbook information is available on the institution’s Internet course schedule, and the Internet address for
such schedule.
20 U.S.C. 1015b(d)
AVAILABILITY OF
INFORMATION FOR
COLLEGE
BOOKSTORES
The institution shall make available to a college bookstore that is
operated by, or in a contractual relationship or otherwise affiliated
with the institution, as soon as practicable upon the request of such
college bookstore, the most accurate information available regarding:
1.
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The institution’s course schedule for the subsequent
academic period; and
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2.
EDA
(LEGAL)
For each course or class offered by the institution, for the
subsequent academic period, the information required by 20
U.S.C. 1015b(d)(1), above, for each college textbook or supplemental material required or recommended for such course
or class as described above, the number of students enrolled
in such course or class, and the maximum student enrollment
for such course or class.
20 U.S.C. 1015b(e)
ADDITIONAL
INFORMATION
An institution disclosing the information required by 20 U.S.C.
1015b(d)(1), above, is encouraged to disseminate to students information regarding:
1.
Available institutional programs for renting textbooks or for
purchasing used textbooks;
2.
Available institutional guaranteed textbook buy-back programs;
3.
Available institutional alternative content delivery programs; or
4.
Other available institutional cost-saving strategies.
20 U.S.C. 1015b(f)
TEXTBOOK
ASSISTANCE
To the extent practicable, an institution of higher education, including a college district, shall make reasonable efforts to disseminate
to its students information regarding:
1.
Available institutional programs for renting textbooks or for
purchasing used textbooks;
2.
Available institutional guaranteed textbook buy-back programs;
3.
Available institutional programs for alternative delivery of textbook content; and
4.
Other available institutional textbook cost-savings strategies.
INSTRUCTIONAL
MATERIAL FOR
CERTAIN STUDENTS
WITH DISABILITIES
This section applies only to instructional material that is written and
published primarily for postsecondary instruction of students; and
required or essential for a student's success in a course at an institution of higher education, as identified by the instructor of the
course for which the instructional material will be used, in consultation with the person at the institution with primary responsibility for
services for students with disabilities and in accordance with the
rules below. Education Code 51.970(b); 19 TAC 4.204
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EDA
(LEGAL)
Materials that are considered required or essential for a course or
program requirement are those materials that are:
1.
Identified in writing by an academic department or instructor
as being essential for the student to complete a course and/or
program requirements;
2.
Listed on a course syllabus or other written format used to
describe course; or
3.
Identified by agreement between instructor and student as
essential for completing a program requirement not part of a
specific course, such as an independent research project.
19 TAC 4.205(a)
REQUEST FOR
MATERIALS
Students who qualify to receive instructional materials under this
provision will submit their request to the publisher or manufacturer
through their institution. To assist the institution in producing special instructional material, a publisher or manufacturer of instructional material assigned by an institution of higher education for
use by students in connection with a course at the institution shall
provide to the institution, on the institution's request in accordance
with this section, a copy in an electronic format of the instructional
material. The publisher or manufacturer, as applicable, shall provide the electronic copy not later than the 15th business day after
the date of receipt of the request or 15th business day after publication of the material, whichever comes later.
A request made by an institution of higher education must:
1.
Certify that for each blind or visually impaired student or student with dyslexia who will use specialized instructional material based on the requested copy of the material in an electronic format for a course in which the student is enrolled at
the institution, either the institution or the student has purchased a printed copy of the instructional material;
2.
Be signed by the person at the institution with primary responsibility for services for students with disabilities; and
3.
Include all available identifying information related to the material, to include but not be limited to ISBN number.
Education Code 51.970(c)–(d); 19 TAC 4.206(a)–(b)
A publisher or manufacturer may require that a request made by an
institution of higher education include from each student for whom
the institution is making the request a signed statement described
in 19 Administrative Code 4.206(c). Education Code 51.970(e); 19
TAC 4.206(c)
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EDA
(LEGAL)
In order to facilitate students getting their materials in a timely
manner, instructors and academic departments shall comply with
their institution's procedures for turning in materials and reading
lists by the established deadlines. 19 TAC 4.205(b)
ELECTRONIC
COPIES
Each electronic copy of instructional material must:
1.
Be in a format that contains all of the information that is in the
instructional material, including any text, sidebar, table of contents, chapter headings, chapter subheadings, footnotes, index, glossary, and bibliography, and is approved by the publisher or manufacturer, as applicable, and the institution of
higher education as a format that will contain that material;
and is compatible with commonly used Braille translation and
speech synthesis software; and
2.
Include any correction or revision available at the time the
electronic copy is provided.
If the publisher or manufacturer and the institution of higher education are not able to agree on a format, the publisher or manufacturer, as applicable, shall provide the electronic copy of the instructional material in a format that can be read by a word processing
application and that contains as much of the material specified by
that subsection as is practicable.
Education Code 51.970(f)–(g); 19 TAC 4.206(d)
REPOSITORY OF
ELECTRONIC
FORMATS
The manufacturer or publisher has the sole discretion to allow an
institution to maintain a repository of electronic formats of previously requested instructional materials for re-use in order to comply
with this section. An institution that is authorized to re-use previously requested instructional materials must comply with provisions
in subsections (b) and (c) of this section related to requesting instructional material and all other provisions outlined in this section.
19 TAC 4.206(g)
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LIBRARIES AND LABORATORIES
ACQUISITION
EDAA
(LEGAL)
Notwithstanding any other law governing purchasing by a junior
college district, a junior college district may purchase, license, or
otherwise acquire library goods and services in any manner
authorized by law for the purchase, license, or acquisition of library
goods and services by a public senior college or university.
“Library goods and services” mean:
1.
Serial and journal subscriptions, including electronic databases, digital content, and information products;
2.
Other library materials and resources, including books, ebooks, and media not available under a statewide contract
and papers;
3.
Library services, including periodical jobber and binding services not available under a statewide contract;
4.
Equipment and supplies specific to the storage and access of
library content; and
5.
Library or resource-sharing programs operated by the Texas
State Library and Archives Commission.
TEXSHARE
CONSORTIUM
In accordance with Government Code Chapter 441 and 13 Administrative Code Chapter 8, the Texas State Library and Archives
Commission shall establish and maintain the TexShare consortium
as a resource-sharing consortium operated as a program within the
commission for libraries at institutions of higher education and for
public libraries, libraries of nonprofit corporations, and other types
of libraries. Membership in the consortium is open to all institutions
of higher education, all public libraries that are members of the
state library system, and all libraries of nonprofit corporations. The
commission, by rule, may also admit other types of libraries as
members or as affiliated members. Gov’t Code 441.222, .224(a);
13 TAC 8.1–.5
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CURRICULUM DESIGN
EFA
(LEGAL)
ANNUAL LIST OF
COURSES
Each governing board, including each college district governing
board, shall submit to the Coordinating Board once each year on
dates designated by the Coordinating Board a comprehensive list
by department, division, and school of all courses, together with a
description of the content, scope, and prerequisites of all those
courses, that will be offered by each institution under the supervision of the governing board during the following academic year.
After the comprehensive list of courses is submitted by a governing
board, the governing board shall submit on dates designated by
the Coordinating Board any changes in the comprehensive list of
courses to be offered. The Coordinating Board may order the deletion or consolidation of any courses so submitted after giving due
notice with reasons for that action and after providing a hearing if
one is requested by the governing board involved. Education
Code 61.052
COURSE SCHEDULE
shall, for each semester or academic term, compile a course
schedule indicating each course offered by the institution for the
semester or term to postsecondary students. A textbook list must
be included with the course schedule. Both must be posted in accordance with Education Code 51.452 [see EDA]. Education Code
51.452
ONLINE POSTING
REQUIREMENT
Each institution of higher education, including each college district
but excluding each medical and dental unit, shall make available to
the public on the institution's Internet Web site the following information for each undergraduate classroom course offered for credit
by the institution:
1.
A syllabus that satisfies any standards adopted by the institution; provides a brief description of each major course requirement, including each major assignment and examination;
includes the measurable learning outcomes for the course, as
defined in 19 Administrative Code 4.104; lists any required or
recommended reading; and provides a general description of
the subject matter of each lecture or discussion. If multiple
sections of a course use an identical syllabus with identical
assignments and readings, only one syllabus shall be posted.
2.
A curriculum vitae of each regular instructor, including each
instructor of record for each section of the course, that lists at
least all institutions of higher education attended, with the degree(s) earned; all previous teaching positions, including the
names of the institutions, the position, beginning and ending
dates; and a list of significant professional publications relevant to the academic positions held, including full citation data
for each entry. The curriculum vitae may include the instruc-
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CURRICULUM DESIGN
EFA
(LEGAL)
tor's professional contact information, such as office telephone number, work address, and institutional e-mail address. This curriculum vitae may not include any personal information, including the instructor’s home address or home
telephone number.
3.
The departmental budget report. If a course is offered
through a unit other than a department — such as a program,
college, or institute — substitute the budget for that unit as
appropriate. If the institution posts general budget data on its
Web site in which the information required by statute is reported, it may substitute a hyperlink to that data in place of a
separate departmental budget report. The budget report shall
include detail for the most recent academic year for which data are available; income from all sources; and a summary by
functional categories such as salaries and wages, travel, and
the like (as defined by the National Association of College and
University Business Officers).
Education Code 51.974(a)-(a-1); 19 TAC 4.227(a)(2)–(3), .228(a)–
(b)
DEFINITIONS
“INSTRUCTOR(S)
OF RECORD”
The “instructor(s) of record” is the primary instructor or coinstructors of a course who are responsible for the course content
and the assignment of final grades. This includes tenured and tenure-track faculty, lecturers, adjuncts, and graduate assistants who
are not working under the supervision of an instructor of record. It
does not include guest lecturers or others who may be brought in
to teach less than 50 percent of the class sessions. 19 TAC
4.227(5)
“UNDERGRADUATE
CLASSROOM
COURSE”
An “undergraduate classroom course” is any lower- or upperdivision credit course offered to five or more students. This includes on-campus, off-campus, distance education, and dual credit
courses (including those taught on high school campuses). It excludes courses with highly variable subject content that are tailored
specifically to individual students, such as Independent Study and
Directed Reading courses. It excludes laboratory, practicum, or
discussion sections that are intrinsic and required parts of larger
lecture courses and are directly supervised by the same instructor(s) of record for those large courses. 19 TAC 4.227(10)
ACCESSIBILITY
This course information must be accessible from the institution’s
Internet Web site home page by use of not more than three links.
The information must be searchable by keywords and phrases and
accessible to the public without requiring registration or use of a
user name, a password, or another user identification. Education
Code 51.974(b); 19 TAC 4.228(c)
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CURRICULUM DESIGN
EFA
(LEGAL)
TIME FRAME FOR
POSTING
The institution shall make the online course information available
not later than the seventh day after the first day of classes for the
semester or other academic term during which the course is offered. The institution shall continue to make the information available on the institution’s Internet Web site until at least the second
anniversary of the date on which the institution initially posted the
information. Education Code 51.974(c); 19 TAC 4.228(c)
UPDATING
INFORMATION
The institution shall update the online course information as soon
as practicable after the information changes at least once for every
semester in which the course is offered. Education Code
51.974(d); 19 TAC 4.228(c)
DESIGNATION OF
RESPONSIBLE
ADMINISTRATOR
The governing body of the institution shall designate an administrator to be responsible for ensuring the implementation of the posting
requirement. The administrator may assign duties under this section to one or more administrative employees. Education Code
51.974(e); 19 TAC 4.228(f)
REPORT REQUIRED
Not later than January 1 of each odd-numbered year, each institution of higher education shall submit a written report regarding the
institution’s compliance with the posting requirement to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing
committee with primary jurisdiction over higher education. Education Code 51.974(f); 19 TAC 4.228(f)
MINIMUM LENGTH OF
COURSES
Traditionally delivered three-semester-credit-hour courses should
contain 15 weeks of instruction (45 contact hours) plus a week for
final examinations so that such a course contains 45 to 48 contact
hours depending on whether there is a final exam.
Courses delivered in shortened semesters are expected to have
the same number of contact hours and the same requirement for
out-of-class learning as courses taught in a normal semester.
Institutions of higher education, including college districts, may offer a course in a nontraditional way, for example, over the Internet
or through a shortened, intensive format, that does not meet these
contact hour requirements, if the course has been reviewed and
approved through a formal, institutional faculty review process that
evaluates the course and its learning outcomes and determines
that the course does, in fact, have equivalent learning outcomes to
an equivalent, traditionally delivered course.
19 TAC 4.6(a), (d)–(e)
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CURRICULUM DESIGN
TEXAS COMMON
COURSE NUMBERING
SYSTEM
EFA
(LEGAL)
Institutions of higher education, including college districts, shall include the applicable course numbers from the Texas Common
Course Numbering System (TCCNS) in its printed and electronic
catalogs, course listings, and any other appropriate informational
resources, and in the application of the provisions of 19 Administrative Code Chapter 4, Subchapter B (Transfer of Credit, Core Curriculum, and Field of Study Curricula). Institutions that do not use
the TCCNS taxonomy as their sole means of course numbering
shall publish the following information in their printed and electronic
catalogs, course listings, and any other appropriate informational
resources:
1.
The TCCNS prefix and number must be displayed immediately adjacent to the institutional course prefix and number at the
beginning of each course description; and
2.
The printed and electronic catalogs shall include a chart, table, or matrix, alphabetized by common course prefix, listing
all common courses taught at the institution by both the common and local course number. For printed catalogs, the
chart, table, or matrix should be referenced in a table of contents and/or a subject index.
Each institutional catalog shall include an explanation of the
TCCNS and the significance of TCCNS courses for transfer purposes.
19 TAC 4.35
LEARNING
OUTCOMES
To foster a transparent student learning environment at institutions
of higher education and to facilitate the universal articulation of undergraduate courses that are transferable for credit among all institutions of higher education, each institution of higher education,
including each college district, shall identify, adopt, and make
available for public inspection measurable learning outcomes for
each undergraduate course, as defined in 19 Administrative Code
4.103(3), offered by the institution other than:
1.
A course with a highly variable subject content that is tailored
specifically to an individual student, such as an independent
study or directed reading course; or
2.
A laboratory, practicum, or discussion section that is an intrinsic and required component of a lecture course.
An institution of higher education may adopt learning outcomes for
a course that are the same as or based on those identified for that
course by the institution's recognized accrediting agency.
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CURRICULUM DESIGN
EFA
(LEGAL)
Statements of the measurable learning outcomes shall be kept on
file for at least two years after the course is taught and made available for public inspection upon request to the provost's office of
each institution.
If the institution is in compliance with 19 Administrative Code 4.225
- 4.228 (relating to Public Access to Course Information), then the
institution is also in compliance with this section since learning outcomes are required to be a part of each course syllabus posted on
the institution's Web site.
Education Code 51.96851(b)-(c); 19 TAC 4.104(b)–(c)
“MEASURABLE
LEARNING
OUTCOMES”
STATE-FUNDED
COURSES
“Measurable learning outcomes” are defined as the knowledge and
skills a student is expected to acquire or achieve upon completion
of a course. Measurement may be quantitative or qualitative, depending upon the subject matter of the course. 19 TAC 4.103(2)
State funding shall be provided for lower-division academic courses at public community colleges, public technical colleges, or public state colleges if such courses:
1.
Are approved for inclusion in the Lower-Division Academic
Course Guide Manual (ACGM);
2.
Have been reviewed and approved by Coordinating Board
staff in accordance with the criteria for unique need courses
[see 19 Administrative Code 9.74]; and
3.
Are consistent with the TCCNS.
19 TAC 9.73(a)
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ACADEMIC COURSES
“CORE CURRICULUM”
DEFINITION
EFAA
(LEGAL)
“Core curriculum” means the curriculum in liberal arts, humanities,
and sciences and political, social, and cultural history that all undergraduate students of an institution of higher education are required to complete before receiving an academic undergraduate
degree. Education Code 61.821(1)
RECOMMENDATION
The Coordinating Board, with the assistance of advisory committees composed of representatives of institutions of higher education, shall develop a recommended core curriculum of at least 42
semester credit hours (SCH), including a statement of the content,
component areas, and objectives of the core curriculum. At least a
majority of the members of any advisory committee shall be faculty
members of an institution of higher education. An institution shall
consult with the faculty of the institution before nominating or recommending a person to the Coordinating Board as the institution’s
representative on an advisory committee. Education Code
61.822(a)
ADOPTION
Each institution of higher education shall adopt a core curriculum of
no less than 42 SCH, including specific courses comprising the
curriculum. The core curriculum shall be consistent with the common course numbering system approved by the Coordinating
Board and with the statements, recommendations, and rules issued by the Coordinating Board. An institution may have a core
curriculum of other than 42 SCH only if approved by the Coordinating Board. Education Code 61.822(b)
ADOPTION
OF CORE
CURRICULUM
EFFECTIVE FALL
2014
Each public institution of higher education, including each college
district, must submit its proposed core curriculum to the Coordinating Board for staff review and approval by November 30, 2013.
[See COMPONENT AREAS EFFECTIVE FALL 2014, below] An
institution shall follow the procedures posted on the Coordinating
Board's Web site regarding the implementation and approval of the
initial core curricula.
No institution may adopt a core curriculum of more than 42 SCH.
No upper-division course shall be approved to fulfill a foundational
component area requirement in the core curriculum if it is
substantially comparable in content or depth of study to a lowerdivision course listed in the Lower-Division Academic Course
Guide Manual.
An institution will receive a letter from Coordinating Board staff giving notice of approval of the initial core curriculum and/or indicating
any courses that do not meet provisions of the core curriculum.
Upon receiving an approval letter from Coordinating Board staff,
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ACADEMIC COURSES
EFAA
(LEGAL)
the institution must document the approved core curriculum in institutional publications.
19 TAC 4.28(a)(2), .29, .31(1)
COMPONENT
AREAS EFFECTIVE
THROUGH SUMMER
2014
Each college’s core curriculum must be designed to satisfy the exemplary educational objectives specified for the component areas
of the “Core Curriculum: Assumptions and Defining Characteristics” adopted by the Coordinating Board; all lower-division courses
included in the core curriculum must be consistent with the “Texas
Common Course Numbering System”; and must be consistent with
the framework identified in CHARTS I and II below. CHART I specifies the minimum number of SCH required in each of five major
component areas that a core curriculum must include (with subareas noted in parentheses). CHART II specifies options available
to colleges for the remaining 6–12 SCH. 19 TAC 4.28(b)
An institution may include within its core curriculum a course or
courses that combine exemplary educational objectives from two
or more component areas of the exemplary educational objectives
defined in this section. 19 TAC 4.28(g)
CHART I
Colleges must select 36 SCH of the core curriculum according to
the parameters described below:
Component Area
Required Semester
Credit Hours
Communication (English rhetoric/composition)
6
Mathematics (the first college-level math
course a student completes, including
but not limited to introductory statistics,
logic, college algebra, or any more advanced math course for which the student is qualified upon enrollment)
3
Natural Sciences
6
Humanities and Visual and Performing
Arts, which must include:
6
Visual/Performing Arts
(3)
Other (literature, philosophy, modern or classical language/ literature
and cultural studies*)
(3)
Social and Behavioral Sciences, which
must include:
15
U.S. History (legislatively mandat-
(6)
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ACADEMIC COURSES
Component Area
ed)
CHART II
Required Semester
Credit Hours
Political Science (legislatively
mandated)
(6)
Social/Behavioral Science
(3)
Total Minimum Requirements
*
EFAA
(LEGAL)
36
Humanities application of language skills includes a study of
literature in the original language, and/or the cultural studies related to a modern or classical language.
To complete the required 42-SCH core curriculum, colleges shall
select an additional 6 SCH from one or more of the following:
Component Area
Possible Additional
Semester Credit Hours
(6 Total)
Communication (composition, speech,
modern language /communication skills*)
Up to 6
Mathematics (the second college-level
math course a student completes, including but not limited to finite math, statistics, calculus, or courses listed in CHART
I)
Up to 3
Natural Sciences
Up to 3
Humanities (literature, philosophy, modern or classical language/literature and
cultural studies**) and Visual and Performing Arts
Up to 3
Social and Behavioral Sciences
Up to 3
Institutionally Designated Option (may
include additional SCH in the categories
listed above, computer literacy, health/
wellness, kinesiology, capstone or interdisciplinary courses, and the like)
Up to 6
Total Additional Hours
*
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6
Communication application of a modern language means the
basic proficiency skills acquired during introductory courses
and including a working competency in grammar, writing,
speaking, and listening/comprehension in a foreign language.
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ACADEMIC COURSES
EFAA
(LEGAL)
** Humanities application of language skills includes a study of
literature in the original language, and/or the cultural studies related to a modern or classical language.
19 TAC 4.28 (a)–(b)
COMPONENT
AREAS EFFECTIVE
FALL 2014
that offers an undergraduate academic degree program shall develop its core curriculum by using the Coordinating Boardapproved purpose, core objectives, and foundational component
areas of the Texas Core Curriculum. 19 TAC 4.28(b)
PURPOSE
Through the Texas Core Curriculum, students will gain a foundation
of knowledge of human cultures and the physical and natural
world, develop principles of personal and social responsibility for
living in a diverse world, and advance intellectual and practical
skills that are essential for all learning. 19 TAC 4.28(b)(1)
CORE
OBJECTIVES
Through the Texas Core Curriculum, students will prepare for contemporary challenges by developing and demonstrating the following core objectives:
1.
Critical Thinking Skills: to include creative thinking, innovation,
inquiry, and analysis, evaluation, and synthesis of information;
2.
Communication Skills: to include effective development, interpretation, and expression of ideas through written, oral, and
visual communication;
3.
Empirical and Quantitative Skills: to include the manipulation
and analysis of numerical data or observable facts resulting in
informed conclusions;
4.
Teamwork: to include the ability to consider different points of
view and to work effectively with others to support a shared
purpose or goal;
5.
Personal Responsibility: to include the ability to connect
choices, actions, and consequences to ethical decisionmaking; and
6.
Social Responsibility: to include intercultural competence,
knowledge of civic responsibility, and the ability to engage effectively in regional, national, and global communities.
19 TAC 4.28(b)(2)
FOUNDATIONAL
COMPONENT
AREAS (36 SCH)
Each institution's core curriculum will be composed of courses that
adhere to the content description, core objectives, and SCH requirements for a specific component area. The foundational component areas are:
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ACADEMIC COURSES
1.
2.
3.
4.
Communication (6 SCH):
a.
Courses in this category focus on developing ideas and
expressing them clearly, considering the effect of the
message, fostering understanding, and building the skills
needed to communicate persuasively.
b.
Courses involve the command of oral, aural, written, and
visual literacy skills that enable people to exchange
messages appropriate to the subject, occasion, and audience.
c.
The following four Core Objectives must be addressed in
each course approved to fulfill this category requirement:
Critical Thinking Skills, Communication Skills, Teamwork,
and Personal Responsibility.
Mathematics (3 SCH):
a.
Courses in this category focus on quantitative literacy in
logic, patterns, and relationships.
b.
Courses involve the understanding of key mathematical
concepts and the application of appropriate quantitative
tools to everyday experience.
c.
The following three Core Objectives must be addressed
in each course approved to fulfill this category requirement: Critical Thinking Skills, Communication Skills, and
Empirical and Quantitative Skills.
Life and Physical Sciences (6 SCH):
a.
Courses in this category focus on describing, explaining,
and predicting natural phenomena using the scientific
method.
b.
Courses involve the understanding of interactions
among natural phenomena and the implications of scientific principles on the physical world and on human experiences.
c.
Critical Thinking Skills, Communication Skills, Empirical
and Quantitative Skills, and Teamwork.
Language, Philosophy, and Culture (3 SCH):
a.
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EFAA
(LEGAL)
Courses in this category focus on how ideas, values, beliefs, and other aspects of culture express and affect
human experience.
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5.
6.
7.
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(LEGAL)
b.
Courses involve the exploration of ideas that foster aesthetic and intellectual creation in order to understand the
human condition across cultures.
c.
Critical Thinking Skills, Communication Skills, Personal
Responsibility, and Social Responsibility.
Creative Arts (3 SCH):
a.
Courses in this category focus on the appreciation and
analysis of creative artifacts and works of the human imagination.
b.
Courses involve the synthesis and interpretation of artistic expression and enable critical, creative, and innovative communication about works of art.
c.
Critical Thinking Skills, Communication Skills, Teamwork,
and Social Responsibility.
American History (6 SCH):
a.
Courses in this category focus on the consideration of
past events and ideas relative to the United States, with
the option of including Texas History for a portion of this
component area.
b.
Courses involve the interaction among individuals,
communities, states, the nation, and the world, considering how these interactions have contributed to the development of the United States and its global role.
c.
Government/Political Science (6 SCH):
a.
Courses in this category focus on consideration of the
Constitution of the United States and the constitutions of
the states, with special emphasis on that of Texas.
b.
Courses involve the analysis of governmental institutions, political behavior, civic engagement, and their political and philosophical foundations.
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c.
8.
EFAA
(LEGAL)
Social and Behavioral Sciences (3 SCH):
a.
Courses in this category focus on the application of empirical and scientific methods that contribute to the understanding of what makes us human.
b.
Courses involve the exploration of behavior and interactions among individuals, groups, institutions, and events,
examining their impact on the individual, society, and
culture.
c.
Critical Thinking Skills, Communication Skills, Empirical
and Quantitative Skills, and Social Responsibility.
19 TAC 4.28(b)(3)
COMPONENT
AREA OPTION
(6 SCH)
Except as provided below, each course designated to complete the
Component Area Option must meet the definition and Core Objectives specified in one of the foundational component areas outlined
above.
As an option for up to three semester credit hours of the Component Area Option, an institution may certify that the course(s)
meet(s) the definition specified for one or more of the foundational
component areas and include(s) a minimum of three Core Objectives, including Critical Thinking Skills, Communication Skills, and
one of the remaining Core Objectives of the institution's choice.
For the purposes of gaining approval for or reporting a Component
Area Option course, an institution is not required to notify the Coordinating Board of the specific foundational component area(s)
and Core Objectives associated with the course(s).
19 TAC 4.28(b)(4)
APPLICABILITY
Any student who first enrolls in an institution of higher education
following high school graduation in fall 2014 or later shall be subject to the current Texas Core Curriculum requirements.
Any student who is admitted under the terms of the Academic
Fresh Start program and who first enrolls under that admission in
fall 2014 or later shall be subject to the current Texas Core Curriculum requirements.
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ACADEMIC COURSES
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(LEGAL)
Any student who first enrolled in an institution of higher education
prior to fall 2014 shall, after consultation with an academic advisor,
have the choice to:
1.
Complete the core curriculum requirements in effect in summer 2014; or
2.
Transition to the current core curriculum requirements, in
which case, previously completed core curriculum courses
shall be applied to the current core curriculum requirements
under the same terms as those that apply to a student who
transfers from one institution to another. The student shall
then complete the remaining requirements under the current
core curriculum.
19 TAC 4.28(b)(5)
CONCURRENT
ENROLLMENT
A student concurrently enrolled at more than one institution of
higher education shall follow the core curriculum requirements in
effect for the institution at which the student is classified as a degree-seeking student. 19 TAC 4.28(d)(1) [See EFB(LEGAL)]
SUBSTITUTIONS
AND WAIVERS
No institution or institutional representative may approve course
substitutions or waivers of the institution’s core curriculum requirements for any currently enrolled student, except that the College
District may, on a case-by-case basis, approve an accommodation
of a specific core curriculum component area requirement for a
student with a medically documented learning disability. 19 TAC
4.28(j)–(k)
For transfer students, see EGA(LEGAL). For learning disabled
students, see EFCA(LEGAL).
TRANSCRIPTS
Each institution must note core courses on the transcript of students as recommended by the Texas Association of Registrars and
Admissions Officers. 19 TAC 4.28(h)
CORE CURRICULA
LARGER THAN 42
SEMESTER CREDIT
HOURS
The institution, including a college district, may adopt a core curriculum in excess of 42 SCH, but no more than 48 SCH, if the courses in excess of 42 SCH are selected from the first five component
areas of CHART II of 19 Administrative Code 4.28(b), relating to
the Core Curriculum excluding additional credit in the Institutionally
Designated Option, and are approved by the Coordinating Board.
No college may adopt a core curriculum of more than 42 SCH
without approval by the Coordinating Board if the courses in excess of 42 SCH are selected from component areas other than the
first five component areas of CHART II of 19 Administrative Code
4.28(b). The Coordinating Board may approve a core curriculum
under this section if:
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1.
It has been previously approved by the Coordinating Board;
2.
The institution has provided to the Coordinating Board a narrative justification of the need and appropriateness of a larger
core curriculum that is consistent with its role and mission;
and
3.
No proposed upper-division core course is substantially comparable in content or depth of study to a lower-division course
listed in the “Texas Common Course Numbering System.”
19 TAC 4.29
EVALUATION OF CORE
CURRICULA
Each institution, including a college district, shall review and evaluate the college’s core curriculum every ten years on the schedule
that accords with the institution's accreditation reaffirmation selfstudy report to the Southern Association of Colleges and Schools
or its successor, and report the results of that evaluation to the Coordinating Board. The evaluation should include:
1.
The extent to which the core curriculum is consistent with the
elements of the core curriculum recommended by the Coordinating Board;
2.
Texas Common Course Numbering System;
3.
elements of the core curriculum component areas, intellectual
competencies, and perspectives as expressed in Core Curriculum: Assumptions and Defining Characteristics adopted
by the Coordinating Board; and
4.
The extent to which the institution’s educational goals and the
exemplary educational objectives of the core curriculum recommended by the Coordinating Board are being achieved.
The institution’s evaluation report must contain the following:
1.
A table that compares the institution’s core curriculum with the
core component areas and exemplary educational objectives
of the core curriculum recommended by the Coordinating
Board;
2.
A brief description of the purpose and substance of the institution’s core curriculum;
3.
A description of the processes and procedures used to evaluate the institution’s core curriculum; and
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ACADEMIC COURSES
4.
EFAA
(LEGAL)
A description of the ways in which the evaluation results are
being or will be utilized to improve the core curriculum at the
institution.
FIELD OF STUDY
CURRICULUM
The Coordinating Board, with the assistance of advisory
committees composed of representatives of institutions of higher
education, shall develop field of study curricula. Each advisory
committee shall be equitably composed of representatives of
institutions of higher education. Each university system or
institution of higher education, including each college district, which
offers a degree program for which a field of study curriculum is
proposed shall be offered participation on the advisory committee
for that particular field of study. At least a majority of the members
of any advisory committee named under this section shall be
faculty members of an institution of higher education. An institution
shall consult with the faculty of the institution before nominating or
recommending a person to the Coordinating Board as the
institution’s representative on an advisory committee. Education
Code 61.823
“Field of study curriculum” means a set of courses that will satisfy
the lower division requirements for a bachelor’s degree in a specific academic area at a general academic teaching institution. Education Code 61.821(2)
EVALUATION OF FIELD
OF STUDY CURRICULA
Each institution, including each college district, must review and
evaluate its procedures for complying with field of study curricula at
intervals specified by the Coordinating Board and shall report the
results of that review to the Coordinating Board. These reports
shall be submitted following the same timetable as the regular reports of core curriculum evaluations. 19 TAC 4.32(f)
GOVERNMENT OR
POLITICAL SCIENCE
Every college and university receiving state support or state aid
from public funds, including a college district, shall provide a
course of instruction in government or political science that includes consideration of the Constitution of the United States and
the constitutions of the states, with special emphasis on that of
Texas. This course shall have a credit value of not less than six
semester hours or its equivalent. A college and university receiving
state support or state aid from public funds shall not grant a degree
or an academic certificate to any person unless the person has
credit for such a course. The college or university may determine
that a student has satisfied this requirement in whole or in part on
the basis of credit granted to the student by the college or university for a substantially equivalent course completed at another accredited college or university or on the basis of the student’s successful completion of an advanced standing examination
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(LEGAL)
administered on the conditions and under the circumstances common for the college or university’s advanced standing examinations. The college or university may grant as much as three semester hours of credit or its equivalent toward satisfaction of this
requirement for substantially equivalent work completed by the
student in the program of an approved senior Reserve Officers’
Training Corp (ROTC) unit. Education Code 51.301
AMERICAN OR TEXAS
HISTORY
A college or university receiving state support or state aid from
public funds, including a college district, may not grant a degree or
an academic certificate to any student unless the student has credit for six semester hours or its equivalent in American History. A
student is entitled to submit as much as three semester hours of
credit or its equivalent in Texas History in partial satisfaction of this
requirement. The college or university may determine that a student has satisfied this requirement in whole or part on the basis of
credit granted to the student by the college or university for a substantially equivalent course completed at another accredited college or university, or on the basis of the student’s successful completion of an advanced standing examination administered on the
conditions and under the circumstances common for the college or
university’s advanced standing examinations. The college or university may grant as much as three semester hours of credit or its
equivalent toward satisfaction of this requirement for work completed by a student in the program of an approved senior ROTC
unit. Education Code 51.302
COUNSELING AND
SOCIAL WORK
The curricula of medical, dental, nursing, allied health, counseling,
and social work degree programs of institutions of higher education, including college districts, shall:
1.
Include information about methods of transmission and methods of prevention of HIV infection and information about federal and state laws, rules, and regulations concerning HIV infection and AIDS.
2.
Give special attention to the physical, emotional, and psychological stress associated with the care of patients with terminal illnesses.
Education Code 51.919(e)
MEXICAN-AMERICAN
STUDIES
The governing board of a public junior college district located in
one or more counties with a substantial and growing MexicanAmerican population shall evaluate the demand for and feasibility
of establishing a Mexican-American studies program or other
coursework in Mexican-American studies at one or more junior colleges in the district. With approval of the Coordinating Board, the
governing board may establish a Mexican-American studies pro-
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(LEGAL)
gram or other coursework in Mexican-American studies at any of
those colleges if the governing board determines that such a program or coursework is desirable and feasible. Education Code
130.0102
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DEFINITIONS
EFAB
(LEGAL)
“Career technical/workforce program” is an applied associate degree program or a certificate program for which semester credit
hours, quarter credit hours, or continuing education units (CEUs)
are awarded and which is intended to prepare students for immediate employment or a job upgrade in a specific occupation.
“CONTINUING
EDUCATION UNIT
OR CEU”
“Continuing education unit or CEU” is defined as ten contact hours
of participation in an organized continuing education experience
under responsible sponsorship, capable direction, and qualified
instruction, as outlined in the Guidelines for Instructional Programs
in Workforce Education.
“WORKFORCE
CONTINUING
EDUCATION
COURSE”
“Workforce continuing education course” means a course offered
for CEUs with an occupationally specific objective and supported
by state funding. A career technical/workforce continuing education course differs from a community service course offered for recreational or vocational purposes and is not supported by state
funding.
“WORKFORCE
EDUCATION”
“Workforce education” means career technical/workforce courses
and programs for which semester/quarter credit and/or CEUs are
awarded. Career technical/workforce education courses and programs prepare students for immediate employment or a job upgrade within specific occupational categories.
19 TAC 9.1
GENERALLY
Each public two-year college may classify career technical/workforce continuing education and other courses as earning
semester credit hours or CEUs. A course or program that meets or
exceeds 360 hours in length must be approved as a career technical/workforce certificate program except by special justification
and approval by Coordinating Board staff. A course or program that
meets or exceeds 780 hours in length must result in the award of
appropriate semester credit hours and be applicable to a certificate
and an applied associate degree program. 19 TAC 9.93(m)
CAREER TECHNICAL /
WORKFORCE
CONTINUING
EDUCATION COURSES
Any career technical/workforce continuing education course listed
in the Workforce Education Course Manual (WECM) may be offered by any public two-year college without prior approval of the
Coordinating Board. Courses in the current WECM are valid until
revised or deleted by subsequent updates of the WECM.
All career technical/workforce continuing education courses shall
meet the guidelines outlined in the Guidelines for Instructional
Programs in Workforce Education as approved by the Coordinating
Board and the WECM.
Any career technical/workforce continuing education program
meeting or exceeding 360 contact hours shall be subject to all of
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EFAB
(LEGAL)
the requirements for career technical/workforce education programs for state appropriations as outlined in 19 Administrative
Code Chapter 9, Subchapter E.
Any career technical/workforce continuing education program
meeting or exceeding 780 contact hours in length must result in the
award of semester or quarter credit hours and be applicable to a
certificate and an applied associate degree program. An exception
shall be made for Emergency Medical/Paramedic continuing education programs, which may reach 800 contact hours.
Tuition and fees for state-funded career technical/workforce continuing education courses shall be assessed according to policies
established by the Coordinating Board. [See FD] The governing
board of the institution shall establish tuition and fees for career
technical/workforce continuing education courses not eligible for
state appropriations.
Contact hours for career technical/workforce continuing education
courses from public two-year colleges must be determined and reported in compliance with Coordinating Board policy as outlined in
the Guidelines for Instructional Programs in Workforce Education
as approved by the Coordinating Board, the WECM, and state law.
No funds appropriated to any public two-year college may be expended for any career technical/workforce continuing education
course that has not been approved by the Coordinating Board staff.
19 TAC 9.95(a), .113-.114, .116-.117
STATE FUNDING
EXCEPTIONS
Contact hours reported for career technical/workforce education
courses that result in either credit hours or CEUs shall be eligible
for state appropriations. 19 TAC 9.93(m), .115(a)
Career technical/workforce continuing education courses with fewer than seven contact hours of instruction will not receive state
funding unless the specific type and length of instruction are required by local, state, or national licensing, certifying, regulatory, or
accrediting agencies. 19 TAC 9.115(b)
WECM continuing education special topics courses that are not
designed to prepare adult students for employment shall not be
eligible for state appropriations. 19 TAC 9.115(d)
Note:
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For contractual agreements for the provision of instruction executed with outside entities, including workforce
education, see GC.
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MEDICALLY RELATED
COURSES
EFAB
(LEGAL)
The curricula of medical, dental, nursing, allied health, counseling,
and social work degree or certificate programs shall:
1.
Include information about methods of transmission and methods of prevention of HIV infection and information about federal and state laws, rules, and regulations concerning HIV infection and AIDS.
2.
Give special attention to the physical, emotional, and psychological stress associated with the care of patients with terminal illnesses.
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DEVELOPMENTAL EDUCATION
EFAC
(LEGAL)
refer a student to developmental coursework as considered necessary by the institution to address a student's deficiencies in the
student's readiness to perform freshman-level academic coursework, except that the institution may not require enrollment in developmental coursework with respect to a student previously determined under Education Code 51.3062(q-1) or determined by
any institution of higher education to have met college-readiness
standards. An institution that requires a student to enroll in developmental coursework must offer a range of developmental coursework, including online coursework, or instructional support that includes the integration of technology to efficiently address the
particular developmental needs of the student.
An institution of higher education must base developmental
coursework on research-based best practices that include the following components:
1.
Assessment;
2.
Differentiated placement and instruction;
3.
Faculty development;
4.
Support services;
5.
Program evaluation;
6.
Integration of technology with an emphasis on instructional
support programs;
7.
Non-course-based developmental education interventions;
and
8.
Course pairing of developmental education courses with credit-bearing courses.
Education Code 51.3062(i), (i-2); 19 TAC 4.62 [See EI for information on the Texas Success Initiative]
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CURRICULUM DESIGN
DEFINITIONS
“ACADEMIC
ASSOCIATE
DEGREE”
EFB
(LEGAL)
An “academic associate degree” is an associate degree that will
satisfy the lower-division requirements for a baccalaureate degree
in a specific discipline.
“ACADEMIC
COURSES”
“Academic courses” are semester credit courses included or allowed under the provisions of the Lower-Division Academic Course
Guide Manual designed for college transfer to institutions of higher
education in completion of associate and baccalaureate degree
programs.
“APPLIED
ASSOCIATE
DEGREE”
An “applied associate degree” is an associate degree intended to
lead directly to employment following graduation and may satisfy
the lower-division requirements for a baccalaureate degree in a
specific discipline.
“ASSOCIATE
DEGREE
PROGRAM”
An “associate degree program” is a grouping of courses designed
to lead the individual directly to employment in a specific career or
to transfer to an upper-level baccalaureate program. This specifically refers to the associate of arts, associate of science, associate
of applied arts, associate of applied science, and associate of occupational studies degrees. The term "applied" in an associate
degree name indicates a program designed to qualify students for
immediate employment.
“CAREER
TECHNICAL /
WORKFORCE
PROGRAM”
“Career technical/workforce program” is an applied associate degree program or a certificate program for which semester credit
hours, quarter credit hours, or continuing education units are
awarded and which is intended to prepare students for immediate
employment or a job upgrade in a specific occupation.
“CERTIFICATE
PROGRAM”
“Certificate program” means workforce programs designed for entry-level employment or for upgrading skills and knowledge within
an occupation. Certificate programs serve as building blocks and
exit points for AAS degree programs.
“CONTINUING
EDUCATION UNIT
OR CEU”
A “continuing education unit or CEU” is defined as ten contact
hours of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as outlined in the Guidelines for Instructional Programs in Workforce Education.
“TECHNICAL
COURSES OR
PROGRAMS”
“Technical courses or programs” mean workforce education courses or programs for which semester/quarter credit hours are awarded.
“WORKFORCE
CONTINUING
EDUCATION
COURSE”
“Workforce continuing education course” means a course offered
for CEUs with an occupationally specific objective and supported
by state funding. A career technical/workforce continuing
education course differs from a community service course offered
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EFB
(LEGAL)
for recreational or vocational purposes and is not supported by
state funding.
“WORKFORCE
EDUCATION”
“Workforce education” means career technical/workforce courses
and programs for which semester/quarter credit hours and/or
CEUs are awarded and vocational courses and programs for which
CEUs are awarded. Workforce career technical/workforce education courses and programs prepare students for immediate employment or a job upgrade within specific occupational categories.
19 TAC 9.1
ACADEMIC DEGREE
PROGRAMS
An academic associate degree may be called an associate of arts
(AA), an associate of science (AS), or an associate of arts in teaching (AAT) degree. 19 TAC 9.183(a)
AA ONLY
The associate of arts (AA) is the default title for an academic associate degree program if the college district offers only one type of
academic degree program. 19 TAC 9.183(a)(1)
AA AND AS
If a college district offers both associate of arts (AA) and associate
of science (AS) degrees, the degree programs may be differentiated in one of two ways, including:
1.
The AA program may have additional requirements in the liberal arts and/or the AS program may have additional requirements in disciplines such as science, mathematics, or computer science; or
2.
The AA program may serve as a foundation for the bachelor
of arts (BA) degree and the AS program for the bachelor of
science (BS) degree.
Each academic associate degree must provide a clearly-articulated
curriculum that can be associated with a discipline or field of study
leading to a baccalaureate degree, and must be identified as such
in the institution's program inventory.
19 TAC 9.183(a)(2)
AAT
The associate of arts in teaching (AAT) is a specialized academic
associate degree program designed to transfer in its entirety to a
baccalaureate program that leads to initial Texas teacher certification. This title should only be used for an associate degree program that consists of a Board-approved AAT curriculum. 19 TAC
9.183(a)(3)
SEMESTER CREDIT
HOURS
Academic associate degree programs must consist of a minimum
of 60 semester credit hours (SCH) and a maximum of 66 SCH. 19
TAC 9.183(b)
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CURRICULUM DESIGN
CURRICULUM
EFB
(LEGAL)
Except as provided below, academic associate degree programs
must incorporate the institution's approved core curriculum as prescribed by 19 Administrative Code 4.28, relating to Core Curriculum, and 19 Administrative Code 4.29, relating to Core Curricula
Larger than 42 SCH.
1.
A college may offer a specialized academic associate degree
that incorporates a Coordinating Board-approved field of
study curriculum as prescribed by 19 Administrative Code
4.32, relating to Field of Study Curricula, and a portion of the
college’s approved core curriculum if the coursework for both
would total more than 66 SCH; or
2.
A college may offer a specialized academic associate degree
that incorporates a voluntary statewide transfer compact and
a portion of the college’s approved core curriculum if the
coursework for both would total more than 66 SCH.
3.
A college that has a signed articulation agreement with a
General Academic Teaching Institution to transfer a specified
curriculum may offer a specialized AA or AS, but not AAT, degree program that incorporates that curriculum.
19 TAC 9.183(c)
NEW ACADEMIC
ASSOCIATE
DEGREE
PROGRAMS
Approval of new academic associate degree programs is automatic
if all of the conditions set out below are met.
The institution shall certify that the following criteria have been met:
1.
The program has institution and governing board approval.
2.
There is recent evidence of both short-term and long-term
student demand for the program.
3.
Enrollment projections reflect student demand estimates to
ensure the financial self-sufficiency of the program.
4.
The institution has an enrollment management plan for the
program.
5.
If the program does not follow a Coordinating Board-approved
field of study curriculum or a Coordinating Board-approved
statewide articulation transfer curriculum, the institution has or
will initiate a process to establish transfer of credit articulation
agreements for the program with senior-level institutions.
6.
The program is designed to be consistent with the standards
of the Commission on Colleges of the Southern Association of
Colleges and Schools, other applicable accrediting agencies,
and is in compliance with applicable licensing authority requirements.
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EFB
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7.
Adequate funding is available to cover all new costs to the
institution over the first five years after the implementation of
the program.
8.
The program complies with all applicable provisions contained
in divisions of 19 Administrative Code Chapter 9, Subchapter
J and adheres to the Standards for Academic Associate Degree Programs approved by the Coordinating Board.
The Coordinating Board shall post the proposed program online for
public comment for a period of 30 days. If no objections are received, the Coordinating Board staff shall update the institution's
program inventory accordingly. If objections to the proposed program are received by the Coordinating Board staff, the proposed
program shall not be implemented until all objections are resolved.
The Coordinating Board reserves the right to audit a certificate or
degree program at any time to ensure compliance with any of the
criteria described above.
The Coordinating Board delegates to the Commissioner final approval authority for all certificate programs, applied associate degree programs, and academic associate degrees that meet Board
policies for approval as outlined in the Guidelines for Instructional
Programs in Workforce Education and 19 Administrative Code
Chapter 9, Subchapter J.
19 TAC 9.184
ACADEMIC
CERTIFICATE
Institutions of higher education, including college districts, are encouraged to develop undergraduate academic certificate programs
of less than degree length. Undergraduate academic certificates
may be awarded upon the completion of:
1.
The Coordinating Board-approved core curriculum of the institution;
2.
A Coordinating Board-approved field of study curriculum; or
3.
Fifty percent of the courses specified in a voluntary statewide
transfer compact.
Undergraduate academic certificates that meet one of the criteria
above require Coordinating Board notification and are automatically approved.
19 TAC 4.36, 9.185
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CURRICULUM DESIGN
CAREER
TECHNICAL/WORKFORCE DEGREE AND
CERTIFICATE
PROGRAMS
EFB
(LEGAL)
Approval of new associate degree and certificate programs is automatic if all of the following conditions are met:
1.
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Requests for new associate degree and certificate programs
shall be made in accordance with the procedures stipulated
below. The institution shall certify that:
a.
The program has institutional and governing board approval.
b.
The institution has researched and documented current
job market need for the program and/or that the program
would lead to opportunities for further education.
c.
There is recent evidence of both short-term and longterm student demand for the program.
d.
Enrollment projections reflect student demand estimates
to ensure the financial self-sufficiency of the program.
e.
Basic and career technical/workforce skills have been integrated into the curriculum.
f.
The institution has an enrollment management plan for
the program.
g.
The institution has or will initiate a process to establish
articulation agreements for the program with secondary
and/or senior-level institutions.
h.
The program is designed to be consistent with the
standards of the Commission on Colleges of the Southern Association of Colleges and Schools, and with the
standards of other applicable accrediting agencies, and
is in compliance with appropriate licensing authority requirements.
i.
The program would not unnecessarily duplicate existing
programs at other institutions.
j.
Representatives from private sector business and industry have been involved in the creation of the program
through participation in an advisory committee.
k.
Adequate funding is available to cover all new costs to
the institution over the first five years after the implementation of the program.
l.
New costs during the first five years of the program
would not exceed $2 million.
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m.
The institution has an improvement plan in place for all
career technical/workforce programs that do not currently meet Coordinating Board standards for both graduation and placement.
n.
The appropriate Higher Education Regional Council has
been notified in writing of the proposal for a new program.
o.
Skill standards recognized by the Texas Skill Standards
Board, if they exist for the discipline, have been reviewed and considered for inclusion in the curriculum for
the program.
2.
If a proposed two-year career technical/workforce education
program or certificate program meets the stipulated conditions, the institution shall submit a request to the Assistant
Commissioner for Academic Affairs and Research to add the
program. If a proposed program does not meet the stipulated
conditions, the institution must submit a proposal using the
standard degree request form as follows:
a.
The Coordinating Board shall post the proposed program online for public comment for a period of 30 days.
If no objections are received, the Coordinating Board
staff shall update the institution’s program inventory accordingly.
b.
If objections to the proposed program are received by
the Coordinating Board staff, the proposed program shall
not be implemented until all objections are resolved.
The Commissioner shall forward a program to the Coordinating
Board for consideration at an appropriate quarterly meeting if either
of the following conditions is met: the proposed program is the subject of an unresolved grievance or dispute between institutions; or
the Commissioner has disapproved the proposed program and the
institution has requested a Coordinating Board review.
19 TAC 9.93(a)–(b), (e)
REVISIONS
Revision of an existing associate degree or certificate program is
automatically approved if all of the requirements above at item 1
are met. To request a change of Classification of Instructional Programs (CIP) code for an existing degree or certificate program, the
institution shall notify the Coordinating Board staff and certify that
the revised program meets the requirements listed above at item 1.
If the revision of an existing degree or certificate program meets
the conditions stipulated at item 1, the institution shall submit a request to the Assistant Commissioner for Academic Affairs and Re-
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EFB
(LEGAL)
search to revise the program. The Coordinating Board staff shall
update the institution’s program inventory accordingly. If a program
revision does not meet the conditions stipulated, the institution
shall submit a revision request using the standard revision request
form. 19 TAC 9.93(f)–(i)
AUDITS
The Coordinating Board reserves the right to audit a certificate or
degree program at any time to ensure compliance with any of the
requirements listed above at CAREER TECHNICAL/WORKFORCE DEGREE AND CERTIFICATE PROGRAMS item 1. 19
TAC 9.93(j)
ADMINISTRATIVE
OFFICIALS
All programs must be under the direction of an administrator having appropriate authority to ensure that quality is maintained and
that programs are conducted in compliance with all applicable laws
and rules. Administrative officers must possess credentials, work
experience, and/or demonstrated competence appropriate to their
areas of responsibility as specified by the Southern Association of
Colleges and Schools Commission on Colleges. 19 TAC 9.93(k)
FACULTY AND
STAFF
Faculty and staff must be approved by the postsecondary institution. Each individual must meet the minimum qualifications established by the Coordinating Board. 19 TAC 9.93(l)
BACCALAUREATE
DEGREE PROGRAMS
The Coordinating Board shall authorize public junior colleges to
offer baccalaureate degree programs in the fields of applied science and applied technology under Education Code 130.0012.
Offering a baccalaureate degree program under Section 130.0012
does not otherwise alter the role and mission of a public junior college.
The Coordinating Board shall authorize baccalaureate degree programs at each public junior college that previously participated in a
pilot project to offer baccalaureate degree programs.
Education Code 130.0012(a)–(b)
STATE FUNDING
No funds appropriated to any public two-year college or other institution providing certificate or associate degree programs shall be
expended for any program that has not been approved by the
Commissioner or the Assistant Commissioner for Academic Affairs
and Research or, when applicable, by the Coordinating Board. 19
TAC 9.96
DEGREE-SEEKING
STUDENTS
A student who is concurrently enrolled at more than one institution
of higher education may be classified as a degree-seeking student
at only one institution.
If a student maintains continuous enrollment from a spring semester to the subsequent fall semester at an institution at which the
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student has declared to be seeking a degree, the student remains
a degree-seeking student at that institution regardless of the student’s enrollment during the intervening summer sessions at another institution.
19 TAC 4.28(d)(2)–(3)
COMPENSATORY
COURSES
Courses designated as compensatory in the Lower-Division Academic Course Guide Manual may not be used to satisfy degree
requirements. Such courses may be used as corequisites or prerequisites for degree courses as determined by local institutions.
19 TAC 9.1(20), .76
LOW-PRODUCING
DEGREE PROGRAMS
In accordance with 19 Administrative Code Chapter 4, Subchapter
Q, the Coordinating Board shall review periodically the role and
mission statements, the table of programs, and all degree and certificate programs offered by public institutions of higher education,
including college districts, to ensure that they meet the present and
future needs of the state and the counties in which they are located. The Coordinating Board's review shall be performed at least
every four years and shall involve the chairperson of the institution’s board of regents. The Coordinating Board shall also order
the initiation, consolidation, or elimination of degree or certificate
programs where that action is in the best interest of the public institutions themselves or the general requirements of the State of Texas, the counties in which they are located, or when that action offers hope of achieving excellence by a concentration of available
resources. No new department, school, degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the Coordinating
Board. Education Code 61.051(e); 19 TAC Ch. 4, Subch. R
DEFINITION
A “low-producing degree program” is a degree program that does
not meet the minimum standard for degrees awarded in the program. For career technical certificates, associate, and bachelor’s
programs, the minimum standard is an average of five degrees
awarded per academic year, to total not fewer than 25 degrees
awarded for any five-year period. 19 TAC 4.287(4)
CONSEQUENCES
Once the institution has been notified that a degree program has
not met the minimum standards for five consecutive years, the institution must phase out or consolidate the low-producing degree
program with another program or programs or request a temporary
exemption. 19 TAC 4.290
TEMPORARY
EXEMPTIONS
A low-producing degree program is eligible for a temporary exemption if:
1.
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The Coordinating Board staff determines the necessity for a
temporary exemption because:
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2.
EFB
(LEGAL)
a.
The institution demonstrates evidence that the lowproducing degree program contributes to meeting Closing the Gaps initiatives or other Coordinating Board priorities including workforce needs in specific industries;
and
b.
Institutional efforts are being made to increase enrollments, limit cost inefficiencies, limit the number of small
classes, and improve program success. The period of
time for the exemption will be established by Coordinating Board staff after discussions with the institution; or
The degree is composed exclusively of courses required for
other existing degrees at the institution and there is very limited or no additional cost associated with the degree.
To request a temporary exemption, an institution must provide:
1.
A narrative that explains the causes of low production;
2.
Justification for continuing the degree program. Justification
should incorporate issues of need, quality, cost, and Closing
the Gaps initiatives;
3.
An action plan for the low-producing degree program. The
action plan should include a detailed strategy for increasing
enrollment, graduation output, and graduation rates. In addition, the action plan should include specific strategies to recruit, retain, and graduate students from underrepresented
groups; and
4.
The rubric and number of all required courses in the major,
excluding core curriculum, minor requirements, and free electives.
Coordinating Board staff will evaluate the application for a temporary exemption and approve or deny it. If approved, the exemption
will be for a limited period of time determined by the staff after discussion with the institution.
Institutions may appeal the staff's decision to phase out or consolidate a program. In order to do so, an institution must request an
exemption from the Coordinating Board at a quarterly board meeting.
19 TAC 4.291-.292
REINSTATEMENT
A program that has been closed due to low productivity may not be
considered for reinstatement until a minimum of ten years has
passed or the start a new degree program that is a related degree
program to one that has been closed due to low productivity absent
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compelling evidence of state or regional need as described in 19
Administrative Code 4.293. 19 TAC 4.293
A “related degree program” is a degree program for which an institution may use common faculty and other resources. 19 TAC
4.287(7)
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DEGREE PLANS
EFBA
(LEGAL)
“DEGREE PLAN”
"Degree plan" means a statement of the course of study requirements that an undergraduate student at an institution of higher education must complete in order to be awarded an associate or
bachelor's degree from the institution.
FILING REQUIREMENT
Each student enrolled in an associate’s or bachelor's degree program at an institution of higher education, including a college district, shall file a degree plan with the institution not later than the
end of the second regular semester or term immediately following
the semester or term in which the student earned a cumulative total
of 45 or more semester credit hours for coursework successfully
completed by the student, including transfer courses, international
baccalaureate courses, dual credit courses, and any other course
for which the institution the student attends has awarded the student college course credit, including course credit awarded by examination. Education Code 51.9685(b)
EXCEPTION
VERIFICATION AT
REGISTRATION
A student to whom the filing requirement applies who begins the
student's first semester or term at the institution of higher education
with 45 or more semester credit hours of course credit for courses
described above shall file a degree plan with the institution not later
than the end of the student's second regular semester or term at
the institution. Education Code 51.9685(c)
At each registration for a semester or term, a student who is required to have filed a degree plan before that semester or term
shall verify to the institution that:
1.
The student has filed a degree plan with the institution; and
2.
The courses for which the student is registering are consistent
with that degree plan.
NOTICE
GENERALLY
UPON FAILURE TO
FILE
An institution of higher education, including a college district, shall
provide to students to whom the filing requirement applies information regarding the degree plan filing requirement and options for
consulting with an academic advisor for that purpose, which may
include consultation through electronic communication. Education
Code 51.9685(d)
If a student does not timely file a degree plan, the institution of
higher education in which the student is enrolled shall notify the
student that the degree plan is required by law and require the student to consult with an academic advisor for that purpose in accordance with the consulting options under Education Code
51.9685(d), above, during the semester or term in which the student receives the notice. The student may not obtain an official
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DEGREE PLANS
EFBA
(LEGAL)
transcript from the institution until the student has filed a degree
plan with the institution. Education Code 51.9685(f)
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SPECIAL PROGRAMS
EFCA
(LEGAL)
No qualified student shall, on the basis of a disability, be excluded
from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any academic, research, occupational training, counseling, or any other extracurricular or other
postsecondary education aid, benefits, or services to which the
federal Rehabilitation Act and 34 C.F.R. Part 104, Subpart E applies. 34 C.F.R. 104.43(a)–(b)
APPLICATION OF 34
C.F.R. PART 104,
SUBPART E
34 C.F.R. Part 104, Subpart E applies to postsecondary education
programs or activities, including postsecondary vocational education programs or activities, that receive federal financial assistance
and to recipients that operate, or that receive federal financial assistance for the operation of, such programs or activities. 34 C.F.R.
104.41
RELATED PROGRAMS
A recipient to which Subpart E applies that considers participation
by students in education programs or activities not operated wholly
by the recipient as part of, or equivalent to, an education program
or activity operated by the recipient shall assure itself that the other
education program or activity, as a whole, provides an equal opportunity for the participation of qualified persons with disabilities. 34
C.F.R. 104.43(b)
ACADEMIC
ADJUSTMENTS
A recipient to which Subpart E applies shall make modifications to
its academic requirements that are necessary to ensure that such
requirements do not discriminate or have the effect of discriminating, on the basis of disability, against a qualified applicant or student with disabilities. Academic requirements that the recipient can
demonstrate are essential to the program of instruction being pursued by the student or to any directly related licensing requirement
will not be regarded as discriminatory within the meaning of this
section. Modifications may include changes in the length of time
permitted for the completion of degree requirements, substitution of
specific courses required for the completion of degree requirements, and adaptation of the manner in which specific courses are
conducted. 34 C.F.R. 104.44(a)
GENERALLY
A recipient to which Subpart E applies may not impose upon students with disabilities other rules, such as the prohibition of tape
recorders in classrooms, that have the effect of limiting the participation of students with disabilities in the institution's education program or activity. 34 C.F.R. 104.44(b)
COURSE
EXAMINATIONS
In its course examinations or other procedures for evaluating students' academic achievement, a postsecondary education program
or activity to which Subpart E applies shall provide such methods
for evaluating the achievement of students who have a disability
that impairs sensory, manual, or speaking skills as will best ensure
that the results of the evaluation represents the students' achieve-
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ment in the course, rather than reflecting the students' impaired
sensory, manual, or speaking skills (except where such skills are
the factors that the test purports to measure). 34 C.F.R. 104.44(c)
AUXILIARY AIDS
A recipient to which Subpart E applies shall take such steps as are
necessary to ensure that no student with disabilities is denied the
benefits of, excluded from participation in, or otherwise subjected
to discrimination because of the absence of educational auxiliary
aids for students with impaired sensory, manual, or speaking skills.
Auxiliary aids may include taped texts, interpreters or other effective methods of making orally delivered materials available to students with hearing impairments, readers in libraries for students
with visual impairments, classroom equipment adapted for use by
students with manual impairments, and other similar services and
actions. Institutions need not provide attendants, individually prescribed devices, readers for personal use or study, or other devices
or services of a personal nature. 34 C.F.R. 104.44(d)
ACCOMMODATIONS
TO CORE
CURRICULUM
An institution of higher education may, on a case-by-case basis,
approve an accommodation of a specific core curriculum component area requirement for a student with a medically documented
learning disability, including but not limited to dyslexia, dysgraphia,
or Asperger’s Syndrome.
Accommodation shall not include a waiver or exemption of any
core curriculum requirement.
An institution may approve for core curriculum applicability a
course the institution offers but that is not approved as part of the
core curriculum, if the institution demonstrates that the course has
been approved to fulfill the same specific core curriculum component area requirement at five or more other Texas public colleges
or universities. The Texas Common Course Numbering System
course number may be used as evidence of the suitability of the
course under 19 Administrative Code 4.28(k).
19 TAC 4.28(k)
COUNSELING,
GUIDANCE, AND
PLACEMENT
SERVICES
A recipient to which Subpart E applies shall provide personal academic or vocational counseling, guidance, or placement services to
its students without discrimination on the basis of disability. The
institution shall ensure that qualified students with disabilities are
not counseled toward more restrictive career objectives than are
students without disabilities and with similar interests and ability.
This requirement does not preclude an institution from providing
factual information about licensing and certification requirements
that may present obstacles to persons with disabilities in their pursuit of particular careers. 34 C.F.R. 104.47(b)
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SPECIAL PROGRAMS
STUDENTS WITH
DYSLEXIA
EFCA
(LEGAL)
Unless otherwise provided by law, an institution of higher education, including a college district, may not reassess a student determined to have dyslexia for the purpose of assessing the student's
need for accommodations until the institution of higher education
reevaluates the information obtained from previous assessments of
the student. Education Code 51.9701
Note:
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For related provisions regarding students with disabilities, see FB(Admissions), FEA(Financial Aid and Scholarships), and FG(Student Housing).
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SPECIAL PROGRAMS
ADULT BASIC AND SECONDARY EDUCATION
EFCB
(LEGAL)
"Adult education" means services and instruction provided below
the college level for adults by public local education agencies, public nonprofit agencies, or community-based organizations. Education Code 29.251(1)
Basic adult education programs shall be provided by public school
districts, public junior colleges, public universities, public nonprofit
agencies, and community-based organizations in accordance with
state statute and the regulations and standards formulated by the
State Board of Education. The programs must be designed to
meet the education and training needs of adults to the extent possible within available public and private resources. Education
Code 29.253; 19 TAC 89.21–.35, .1301
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JUNIOR COLLEGE
CHARTER SCHOOLS
EFCC
(LEGAL)
In accordance with under Education Code Chapter 12, Subchapter
E, the State Board of Education (SBOE) may grant a charter upon
application of a public junior college for an open-enrollment charter
school to operate on the campus of the public junior college or in
the same county in which the campus of the public junior college is
located. Notwithstanding Education Code 12.110(d), the SBOE
may grant such a charter to the public junior college only if the following criteria are satisfied in the public junior college's application,
as determined by the SBOE [see 19 Administrative Code 100.105
and 100.1017 for the application of administrative regulations]:
1.
The junior college charter school's educational program must
be implemented under the direct supervision of a member of
the faculty of the College District.
2.
The faculty member supervising the junior college charter
school's educational program must have substantial experience and expertise in teacher education, classroom instruction, or educational administration.
3.
The junior college charter school's educational program must
be designed to meet specific goals described in the charter,
such as dropout recovery, and each aspect of the program
must be directed toward the attainment of the goals.
4.
The attainment of the junior college charter school's educational program goals must be measured using specific, objective standards set forth in the charter, including assessment
methods and a time frame.
5.
The financial operations of the junior college charter school
must be supervised by the business office of the junior college.
Education Code 12.152(a)(2); .154(b)
The name of a junior college charter school must include the name
of the junior college operating the school. Education Code 12.155
Education Code Chapter 12, Subchapter D applies to a junior college charter school as though this school were granted a charter
under that subchapter. Education Code 12.156(a)
OPEN-ENROLLMENT
CHARTER SCHOOLS
In accordance with Education Code Chapter 12, Subchapter D, the
SBOE may grant a charter on the application of an eligible entity,
including a college district or other institution of higher education,
for an open-enrollment charter school to operate in a facility of a
commercial or nonprofit entity, an eligible entity, or a school district,
including a home-rule school district. Education Code 12.101(a);
19 TAC Ch. 100, Subch. A, AA
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EFCC
(LEGAL)
Note: For provisions regarding instructional partnerships with
public school districts, including the provision of dual credit,
see policy GH.
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SPECIAL PROGRAMS
GED TESTING CENTERS
EFCD
(LEGAL)
When authorized by the Texas Education Agency (TEA), official
testing centers shall be established by annual contract with an accredited school district, an institution of higher education (IHE), or
an education service center (ESC). The testing center must be
located at a high school in an accredited district, an accredited
IHE, or an ESC. The chief administrative officer of a school, an
IHE, or an ESC desiring to provide the testing service to residents
in the community must request authorization to do so from the
TEA. If the need for a testing center in the location exists, the appropriate entity official, in writing, shall inform the Commissioner of
Education that the establishment of an official testing center is requested at that particular entity. The center shall be sent an annual
contract, together with order forms and other material, relating to
the operation of the testing center. The chief administrative officer
must obtain prior authorization from the TEA to change the location
of a testing center. 19 TAC 89.42(a), (c)
POLICY
The administration or board of an entity housing an official testing
center shall have a written policy concerning the operation of the
center, a written emergency plan, and a testing schedule. Each
official testing center must provide the following assurances:
1.
Appropriate resources;
2.
Suitable physical facilities;
3.
Adequate staffing;
4.
Full testing support services;
5.
Cooperation with the TEA;
6.
Financial management; and
7.
Test security.
19 TAC 89.42(g)
TEST MATERIALS
The chief administrative officer of the entity at which an official testing center is established must agree to provide appropriate storage
for restricted test materials and to provide a suitable place for administering the test. Each center is responsible for selecting and
ordering test materials.
In accordance with 19 Administrative Code 89.42(d), a testing center may transport restricted test material to correctional facilities,
health facilities, or schools if authorization to do so has been obtained.
19 TAC 89.42(b), (d)
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GED TESTING CENTERS
ONLINE TESTING
EFCD
(LEGAL)
The State Board of Education (SBOE) shall develop and approve
high school equivalency examinations and provide for the administration of the examinations online in accordance with 19 Administrative Code 89.48. 19 TAC 89.48(a)
CHIEF EXAMINER
The administrative officer of a testing center must designate a professional person with a bachelor's degree and a background in
teaching, training, testing, or counseling to serve as chief examiner. The chief administrative officer must obtain prior authorization
from the TEA to change the chief examiner. The person designated as chief examiner must attend annual training conducted by the
TEA. 19 TAC 89.42(c)
EXAMINEES
Test centers shall verify that any person being tested meets the
eligibility requirements in 19 Administrative Code 89.43. 19 TAC
89.43(b)
ELIGIBILITY
IDENTIFICATION
Test centers shall require each examinee to present a driver's license or Texas Department of Public Safety identification card, or a
government-issued identification card (both national and foreign),
provided that the identification includes date of birth, photograph,
address, and signature. The examinee must also meet the age,
residency, and other requirements of 19 Administrative Code Chapter 89, Subchapter C. 19 TAC 89.44
EXAMINEES WITH
DISABILITIES
An applicant with a physical disability who is unable to mark an answer sheet may be assisted by the chief examiner or proctor. The
examinee must read the questions without assistance and indicate
the answer for the proctor to mark.
An applicant who is unable to take the printed form of the test may
be administered a taped version of the test upon written authorization of the TEA. A request by the chief examiner must be accompanied by certification by a physician that verifies a medical diagnosis of the disability that renders the potential examinee unable to
take the printed form of the test.
An applicant with a visual impairment may take the test in a Braille,
large print, or taped version.
19 TAC 89.46
FEES
An official testing center may charge a fee to cover the costs for
test administration. The amount of the fee shall be determined by
the administration or board of the entity housing the testing center
and be approved by the TEA. 19 TAC 89.42(f)
RETESTING
An examinee who fails to achieve a minimum passing score on one
or more of the tests may retest on the tests he or she failed, except
for instances in which the American Council on Education estab-
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EFCD
(LEGAL)
lishes that scores may not be combined across a General Educational Development test series, in which case the examinee must
successfully complete the full battery of tests in a series. Each retest must be on a different form of the test. 19 TAC 89.45
WITHDRAWAL OF
AUTHORIZATION
The authorization to function as an official testing center may be
withdrawn by the TEA when a center has failed to maintain the integrity of the testing program. The TEA may suspend testing at a
center if restricted test material is reported missing or if conditions
reported by the TEA site visit indicate that the testing center is in
violation of SBOE rules. 19 TAC 89.42(e)
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COMMUNITY EDUCATION PROGRAMS
EFCE
(LEGAL)
Community interest courses shall not be eligible for state
appropriations. 19 TAC 9.115(c)
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DRIVER EDUCATION
EFCF
(LEGAL)
Institutions of higher education, including college districts, shall be
permitted to offer driver education courses for the purpose of
preparing students to obtain a Texas driver's license if approved by
the State Board of Education (SBOE). Institutions of higher
education shall be subject to the rules and regulations regarding
driver education of the SBOE. Education Code 51.308; 19 TAC
9.26
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TRANSCRIPTS
EG
(LEGAL)
Student transcripts shall contain a record of each state-funded
course attempted by a student at the transcripting institution,
including a college district. This includes all courses for which the
student was enrolled as of the official census date each term,
including developmental education courses, courses that were not
completed, courses that were dropped, and courses that were
repeated.
The student transcript or an addendum to the transcript certified by
the appropriate institutional official shall contain a record of the
student's status in regard to the Texas Success Initiative (TSI). The
document should include the status for each section of a test taken
for TSI purposes (reading, mathematics, writing) with information
as to how the student met the TSI requirement. The information
provided should enable receiving institutions to use the transcript
or the addendum as a single source of information to determine the
student's TSI status.
Student transcripts created after September 1, 2000, should be
maintained by the institutions in a format suitable for electronic
interchange. The format of transcripts shall be the format that is
used to store the most transcripts by Texas institutions of higher
education as of September 1, 1998, or another format adopted by
a majority of the members of the Texas Association of Collegiate
Registrars and Admissions Officers.
Student transcripts or an addendum to the transcript certified by
the appropriate institutional official shall identify all courses
completed in satisfaction of the core curriculum as specified in 19
Administrative Code 4.28(h) (relating to Transfer of Credit, Core
Curriculum and Field of Study Curricula).
19 TAC 4.7
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GRADING AND CREDIT
COURSE CREDIT FOR
ENTERING FRESHMEN
STUDENTS
EGA
(LEGAL)
that offers freshmen-level courses shall adopt and implement a policy to grant undergraduate course credit to entering freshmen students who have successfully completed the International Baccalaureate (IB) Diploma Program, who have achieved required scores
on one or more examinations in the Advanced Placement (AP)
Program or the College-Level Examination Program (CLEP), or
who have successfully completed one or more courses offered
through concurrent enrollment in high school and at an institution
of higher education.
In the policy, the institution shall:
1.
Establish the institution's conditions for granting course credit,
including the minimum required scores on CLEP examinations, AP examinations, and examinations for courses constituting the IB Diploma Program; and
2.
Based on the correlations between subject matter and content
of courses offered by each institution of higher education and
the subject matter and content of courses and examinations
in the IB Diploma Program, the AP Program, and the CLEP as
identified by the Coordinating Board, in consultation with the
Texas Education Agency, under Education Code 51.968(f),
identify the specific course credit or other academic requirements of the institution, including the number of semester
credit hours or other course credit, that the institution will
grant to a student who successfully completes the diploma
program, who successfully completes a course through concurrent enrollment, or who achieves required scores on CLEP
examinations or AP examinations.
Education Code 51.968(c)(f)
Each institution of higher education shall report its policy to the Coordinating Board and shall include a copy of the policy with the institution’s undergraduate student application materials, including
application materials available on the institution’s Internet Web site.
On request of an applicant for admission as an entering freshman,
the institution of higher education, based on information provided
by the applicant, shall determine and notify the applicant regarding:
1.
The amount and type of any course credit that would be
granted to the applicant under the policy; and
2.
Any other academic requirement that the applicant would satisfy under the policy.
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GRADING AND CREDIT
EGA
(LEGAL)
Except as otherwise provided above, an institution of higher education shall grant at least 24 semester credit hours (SCH) or equivalent course credit in appropriate subject areas to an entering
freshman student for successful completion of the IB Diploma Program. The institution may grant fewer than 24 SCH if the student
received a score of less than four on an examination administered
as part of the diploma program. The institution may grant fewer
credit hours only with respect to courses that are substantially related to the subject of that examination.
Education Code 51.968(b)–(e)
COURSE CREDIT FOR
MILITARY TRAINING
consider, in determining whether to award course credit toward a
degree offered by the institution for the student’s completion of certain military training:
1.
Any official military record presented to the institution by the
student that describes the substance of the training completed by the student and verifies the student’s successful completion of that training; and
2.
Whether the substance of that training satisfies the purpose of
the course for which the student seeks credit as described in
the institution’s course catalog.
This section applies to a student who is admitted to the institution,
including a student who has been readmitted to the institution under Education Code 51.9242. [See FBA(LEGAL)]
COURSE CREDIT FOR
MILITARY SERVICE
award to an undergraduate student who is admitted to the institution, including a student who is readmitted under Education Code
51.9242, course credit for all physical education courses required
by the institution for an undergraduate degree and for additional
semester credit hours, not to exceed 12, that may be applied to
satisfy any elective course requirements for the student's degree
program for courses outside the student's major or minor if the student graduated from a public or private high school accredited by a
generally recognized accrediting organization or from a high school
operated by the U.S. Department of Defense and is an honorably
discharged former member of the Armed Forces of the United
States who completed at least two years of service in the Armed
Forces or was discharged because of a disability.
This section does not prohibit an institution of higher education
from awarding additional course credit for a student's military service as the institution considers appropriate.
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GRADING AND CREDIT
EGA
(LEGAL)
An institution of higher education may adopt rules requiring reasonable proof from a student of the fact and duration of the student's military service and of the student's military discharge status.
TRANSFER OF CREDIT
TRANSFER OF
LOWER-DIVISION
COURSE CREDIT
The governing board of each general academic teaching institution
and each public junior college within a 100-mile radius of that institution shall adopt a policy to enhance the transfer of students
based on the recommendations of the permanent advisory committee established under Education Code 51.3521. Education Code
51.352(f) [See GI]
In its course catalogs and on its Web site, each institution of higher
education shall publish guidelines addressing the practices of the
institution regarding the transfer of course credit. In the guidelines,
the institution must identify a course by using the common course
numbering system approved by the Coordinating Board. Education Code 61.830
All successfully completed lower-division academic courses that
are identified by the Texas Common Course Numbering System
and published in the Lower-Division Academic Course Guide
Manual shall be fully transferable among public institutions and
shall be substituted for the equivalent course at the receiving institution. Except in the case of courses belonging to a Coordinating
Board-approved Field of Study Curriculum, applicability of transferred courses to requirements for specific degree programs is determined by the receiving institution. Each institution of higher education shall identify in its undergraduate catalog each lowerdivision course that is substantially equivalent to an academic
course listed in the current edition of the Lower Division Academic
Course Guide Manual. 19 TAC 4.24(a), .25(a)
Responsibilities for universities regarding requirements and limitations on transfer of lower-division courses, penalties for noncompliance with transfer rules, and resolution of transfer disputes are
found in the 19 Administrative Code 4.25, 4.26, and 4.27.
Two-year public colleges shall notify students who intend to transfer to baccalaureate degree programs of possible limitations on
lower-division coursework that may be applied toward a baccalaureate degree program at a general academic teaching institution.
Notification to students must occur no later than the semester or
term during which students are expected to accumulate the 39th
semester credit hour of academic coursework.
The notification shall include 19 Administrative Code 4.25(f) (relating to Requirements and Limitations) and may include additional
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GRADING AND CREDIT
EGA
(LEGAL)
transfer information that will help students make informed decisions
about coursework.
Colleges may notify students either through the mail or through
electronic means targeted directly at affected students such as
electronic mail, pop-up notices on an electronic registration or advising page, or information included in the students' grade reports.
Listing the information on lower-division transfer limits in the institution's catalog, while strongly recommended, is not sufficient to satisfy the requirements of this section.
19 TAC 9.77
TRANSFER OF
CORE CURRICULUM
If a student successfully completes the 42-hour core curriculum at
an institution of higher education, that block of courses may be
transferred to any other institution of higher education and must be
substituted for the receiving institution’s core curriculum. A student
shall receive academic credit for each of the courses transferred
and may not be required to take additional core curriculum courses
at the receiving institution unless the Coordinating Board has approved a larger core curriculum at the institution. Education Code
61.822(c)
A student who transfers from one institution of higher education to
another without completing the core curriculum of the sending institution shall receive academic credit from the receiving institution for
each of the courses that the student has successfully completed in
the core curriculum of the sending institution. Following receipt of
credit for these courses, the student may be required to satisfy further course requirements in the core curriculum of the receiving
institution. Education Code 61.822(d)
Each student must meet the minimum number of SCH in each
component area; however, an institution receiving a student in
transfer is not required to accept component core course semester
credit hours beyond the maximum specified in a core component
area. 19 TAC 4.28(f)
For a student who transfers to a public institution from a college or
university that is not a Texas public institution of higher education,
courses the student completed prior to admission should be evaluated to determine whether they apply to one of the institution’s core
curriculum component areas. Only those courses the institution
has accepted for transfer that can demonstrate fulfillment of the
exemplary educational objectives for the appropriate component
area or areas should be applied to the institution’s core curriculum.
19 TAC 4.28(j)
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GRADING AND CREDIT
TRANSFER OF
FIELD OF STUDY
CURRICULUM
EGA
(LEGAL)
If a student successfully completes a field of study curriculum developed by the Coordinating Board, that block of courses may be
transferred to a general academic teaching institution and must be
substituted for that institution’s lower-division requirements for the
degree program for the field of study into which the student transfers, and the student shall receive full academic credit toward the
degree program for the block of courses transferred.
A student who transfers from one institution of higher education to
another without completing the field of study curriculum of the
sending institution shall receive academic credit from the receiving
institution for each of the courses that the student has successfully
completed in the field of study curriculum of the sending institution.
Following receipt of credit for these courses, the student may be
required to satisfy further course requirements in the field of study
curriculum of the receiving institution.
Education Code 61.823(b)-(c); 19 TAC 4.32(b)–(c)
TRANSFER
DISPUTE
RESOLUTION
Institutions of higher education shall follow the following procedures in the resolution of credit transfer disputes involving lowerdivision courses:
1.
If an institution of higher education does not accept course
credit earned by a student at another institution of higher education, the receiving institution shall give written notice to the
student and to the sending institution that transfer of the
course credit is denied and shall include in that notice the
reasons for denying the credit. Attached to the written notice
shall be these procedures for resolution of transfer disputes
for lower-division courses, accompanied by clear instructions
outlining the procedure for appealing the decision to the
Commissioner.
2.
A student who receives notice as specified in item 1 may dispute the denial of credit by contacting a designated official at
either the sending or the receiving institution.
3.
The two institutions and the student shall attempt to resolve
the transfer of the course credit in accordance with Coordinating Board rules and guidelines.
4.
If the transfer dispute is not resolved to the satisfaction of the
student or the sending institution within 45 days after the date
the student received written notice of denial, the sending institution may notify the Commissioner in writing of the request
for transfer dispute resolution, and the institution that denies
the course credit for transfer shall notify the Commissioner in
writing of its denial and the reasons for the denial.
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GRADING AND CREDIT
EGA
(LEGAL)
The Commissioner or the Commissioner's designee shall make the
final determination about a dispute concerning the transfer of
course credit and give written notice of the determination to the involved student and institutions.
The Coordinating Board shall collect data on the types of transfer
disputes that are reported and the disposition of each case that is
considered by the Commissioner or the Commissioner's designee.
If a receiving institution has cause to believe that a course being
presented by a student for transfer from another school is not of an
acceptable level of quality, it should first contact the sending institution and attempt to resolve the problem. In the event that the two
institutions are unable to come to a satisfactory resolution, the receiving institution may notify the Commissioner, who may investigate the course. If its quality is found to be unacceptable, the Coordinating Board may discontinue funding for the course. Each
institution of higher education shall publish in its course catalogs
the procedures specified above.
NONDISCRIMINATION
Nothing in 19 Administrative Code Chapter 4, Subchapter B restricts the authority of an institution of higher education to adopt its
own grading policies so long as it treats transfer students and native students in the same manner. 19 TAC 4.24(b)
WITHDRAWAL FOR
MILITARY SERVICE
If a student withdraws from an institution of higher education, including a college district, because the student is called to active
military service, the institution, at the student’s option, shall:
1.
Grant a student, who is eligible under the institution’s guidelines, an incomplete grade in all courses by designating “withdrawn-military” on the student’s transcript; or
2.
As determined by the instructor, assign an appropriate final
grade or credit to a student who has satisfactorily completed a
substantial amount of coursework and demonstrated sufficient
mastery of the course material.
ROTC COURSES
COUNTED FOR
ENROLLMENT STATUS
To the extent it will not adversely affect the accreditation status of
an institution of higher education with the appropriate accrediting
agency, the governing board of the institution, including a college
district, shall count courses in which a student enrolls for the purposes of a Reserve Officers’ Training Corp (ROTC) program, including courses for which the student does not receive course
credit toward the student’s degree, in determining whether the student is enrolled as a full-time student. Education Code 51.9112(c)
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GRADUATION
EGC
(LEGAL)
GRADUATION
REQUIREMENTS FOR
TRANSFER STUDENTS
shall permit a student who transfers from another Texas public institution of higher education to choose a catalog for the purpose of
specifying graduation requirements, based upon the dates of attendance at the receiving and transferring institutions, in the same
manner that a nontransfer student may choose a catalog. 19 TAC
4.25(g)
CERTAIN FORMER
STUDENTS
After receiving a student transcript from a general academic teaching institution under Education Code 61.833(c), a lower-division
institution of higher education, including a college district, shall review the transcript and, if the lower-division institution of higher education determines the student has earned the credits required to
receive an associate degree awarded by the lower-division institution of higher education, may award the student the degree.
To be eligible, the student must:
1.
Be enrolled in a general academic teaching institution;
2.
Have transferred to the institution from or previously attended
the lower-division institution of higher education;
3.
Have earned at least 30 credit hours for coursework successfully completed at the lower-division institution of higher education; and
4.
Have earned a cumulative total of at least 90 credit hours for
coursework successfully completed.
Education Code 61.833(b), (d)
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TESTING PROGRAMS
TEXAS SUCCESS
INITIATIVE
EI
(LEGAL)
assess, by an instrument approved in 19 Administrative Code 4.56,
the academic skills of each entering undergraduate student to determine the student’s readiness to enroll in freshman-level academic coursework prior to enrollment of the student. An institution may
not use the assessment or the results of the assessment as a condition of admission to the institution.
An institution offering collegiate-level credit to students via a MultiInstitution Teaching Center (MITC) or a university system center, or
to in-state students by distance learning delivery systems shall ensure that students are assessed as required by this policy.
Education Code 51.3062(b); 19 TAC 4.55(a), (c)–(d)
DEFINITIONS
“COURSE
PAIRING”
“Course pairing” is an instructional strategy whereby students are
enrolled or reenrolled simultaneously in a developmental education
course and/or intervention and the gateway course of the same
subject matter within the same semester. The developmental component provides support that advances the students’ success in the
gateway course. 19 TAC 4.53(5)
“DEVELOPMENTAL
COURSEWORK
AND / OR
INTERVENTION”
“Developmental coursework and/or intervention” means nondegree-credit coursework and/or activity designed to address a
student's strengths and needs in the areas of reading, writing,
mathematics, and student success. 19 TAC 4.53(6)
“NON-COURSEBASED
DEVELOPMENTAL
EDUCATION
INTERVENTIONS”
“Non-course-based developmental education interventions”, also
known as non-semester-length interventions, are interventions that
use learning approaches designed to address a student’s identified
weaknesses and effectively and efficiently prepare the student for
college-level work. These interventions must be overseen by an
instructor of record, must not fit traditional course frameworks, and
cannot include advising or learning support activities already connected to a traditional course; interventions may include, but are
not limited to, tutoring, supplemental instruction, or labs. 19 TAC
4.53(13)
EXCEPTIONAL
CIRCUMSTANCES
Under exceptional circumstances, an institution may permit a student to enroll in freshman-level academic coursework without assessment but shall require the student to be assessed not later
than the end of the first semester of enrollment in freshman-level
academic coursework. 19 TAC 4.55(a)
PRE-ASSESSMENT
Prior to the administration of an approved instrument, an institution
shall provide to the student a pre-assessment activity(ies) that addresses at a minimum the following components in an effective and
efficient manner, such as through workshops, orientations, and/or
online modules:
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TESTING PROGRAMS
EI
(LEGAL)
1.
Importance of assessment in students’ academic career.
2.
Assessment process and components, including practice with
feedback of sample test questions in all disciplinary areas.
3.
Developmental education options including course-pairing,
non-course-based, modular, and other non-conventional interventions.
4.
Institutional and/or community student resources (e.g., tutoring, transportation, childcare, and financial aid).
19 TAC 4.55(b)
ASSESSMENT
INSTRUMENTS
The Coordinating Board has designated the following instruments
for use by institutions of higher education in assessing students
under this section: ASSET and COMPASS offered by ACT;
ACCUPLACER offered by The College Board; and Texas Higher
Education Assessment (THEA) (formerly TASP Test) offered by National Evaluation Systems, Inc. Education Code 51.3062(c);
19 TAC 4.56
MINIMUM
STANDARDS
The following minimum passing standards shall be used by an institution to determine a student's readiness to enroll in freshmanlevel academic coursework:
1.
ASSET: Reading Skills - 41; Elementary Algebra - 38; Writing
Skills (objective) - 40; and Written Essay - 6.
2.
COMPASS: Reading Skills - 81; Algebra - 39; Writing Skills
(objective) - 59; and Written Essay - 6.
3.
ACCUPLACER: Reading Comprehension - 78; Elementary
Algebra - 63; Sentence Skills - 80; and Written Essay - 6.
4.
THEA: Reading - 230; Mathematics - 230; Writing - 220.
The minimum passing standard for the written essay portion of all
tests is a score of 6. However, an essay with a score of 5 will meet
this standard if the student meets the objective writing test standard.
An institution may require higher passing standards.
Education Code 51.3062(f); 19 TAC 4.57
ADVISING
PROGRAM
Each institution of higher education shall establish a program to
advise students regarding coursework and other means by which
students can develop the academic skills required to successfully
complete college-level work. Education Code 51.3062(g)
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TESTING PROGRAMS
EI
(LEGAL)
FAILURE TO MEET
MINIMUM
STANDARDS
For each student who fails to meet the minimum passing standards
described in 19 Administrative Code 4.57, above, an institution
shall establish a program to advise the student regarding developmental education necessary to ensure the readiness of that student in performing freshman-level academic coursework. 19 TAC
4.58(a)(1)
READINESS
EDUCATION PLAN
If a student fails to meet the assessment standards described
above, the institution of higher education shall work with the student to develop a plan to assist the student in becoming ready to
perform freshman-level academic coursework. The plan must be
designed on an individual basis to provide the best opportunity for
each student to attain that readiness.
The institution of higher education may refer a student to developmental coursework as considered necessary by the institution to
address a student’s deficiencies in the student’s readiness to perform freshman-level academic coursework [see EFAC].
The Commissioner may by rule require a college district to adopt
uniform standards for the placement of a student under Education
Code 51.3062.
Each plan for academic success shall:
1.
2.
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Be designed on an individual basis to provide the best opportunity for each student to succeed in obtaining his or her career and/or academic goals. At a minimum, the individual
plan shall address:
a.
Career advising;
b.
Course-based and/or non-course-based developmental
education options;
c.
Campus and/or community student-support services/resources;
d.
Degree plan or plan of study;
e.
Regular interactions between student and designated
point of contact (e.g., advisor, faculty member, peer
and/or community mentor, and the like);
f.
Registration for next semester/next steps; and
g.
Differentiated placement.
Provide to the student a description of the appropriate developmental education considered necessary to ensure the readiness of that student to perform freshman-level academic
coursework.
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(LEGAL)
3.
Provide to the student an appropriate measure for determining readiness to perform freshman-level academic coursework, as described in 19 Administrative Code 4.59, below.
Education Code 51.3062(h)-(i–1); 19 TAC 4.58(b)
DETERMINATION OF
READINESS
An institution shall determine when a student is ready to perform
freshman-level academic coursework using:
1.
Developmental education coursework and/or intervention
learning outcomes developed by the Coordinating Board
based on the Texas College and Career Readiness Standards; and
2.
Student performance on one or more appropriate assessments.
As indicators of readiness, institutions shall consider, as appropriate:
1.
Performance in developmental education.
2.
Performance in appropriate nondevelopmental coursework.
A student may retake an assessment instrument, subject to availability, at any time to determine readiness to perform freshman-level
academic coursework.
An institution shall, as soon as practicable and feasible, indicate a
student's readiness in reading, mathematics, and writing on the
transcript of each student.
Education Code 51.3062(j)–(k); 19 TAC 4.59
REPORTING
At the end of each semester, the institution shall report to the Coordinating Board the following information for undergraduate students: social security number, semester credit hours, grade points
earned, ethnicity, gender, date of birth, Texas Success Initiative
status, initial assessment instrument, score on initial assessment,
type of developmental education received for each area (reading,
mathematics, writing), grade in first related nondevelopmental
course, and the results of any subsequent assessment. 19 TAC
4.60(b)
Institutions shall analyze and report to the Coordinating Board, on
a schedule to be determined by the Commissioner, the fiscal
and/or instructional impacts of the following on student outcomes:
1.
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Technological delivery of developmental education courses
that allows students to complete coursework;
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EI
(LEGAL)
2.
Diagnostic assessments to determine a student’s specific educational needs to allow for appropriate developmental instruction;
3.
Modular developmental education course materials;
4.
Use of tutors and instructional aides to supplement developmental education course instruction as needed for particular
students;
5.
Internal monitoring mechanisms used to identify a student’s
area(s) of academic difficulty;
6.
Periodic updates of developmental education course materials; and
7.
Assessments after completion of a developmental education
intervention to determine a student’s readiness for entry-level
academic coursework.
19 TAC 4.60(a)
EXEMPTIONS FOR
CERTAIN
STUDENTS
Students described below shall be exempt from the requirements
of Administrative Code Title 19, including the Texas Success Initiative. Any student who has been determined to be exempt in mathematics, reading, and/or writing shall not be required to enroll in
developmental coursework and/or interventions in the corresponding area of exemption. 19 TAC 4.54(a), (c)
SAT OR ACT
SCORES
A student who has achieved a combined verbal and mathematics
score of 1070 with a minimum of 500 on the verbal test and/or the
mathematics test shall be exempt for those corresponding sections
on the Scholastic Assessment Test (SAT) or who has a composite
score of 23 on the American College Test (ACT) with a minimum of
19 on the English test and/or the mathematics test shall be exempt
from the requirements of Education Code 51.3062. This exemption
is effective for the five-year period following the date a student
takes the test and achieves the standard set by the Coordinating
Board. Education Code 51.3062(p); 19 TAC 4.54(a)
END-OF-COURSE
ASSESSMENTS
A student who has achieved scores set by the Coordinating Board
on the questions developed for end-of-course (EOC) assessment
instruments under Education Code 39.0233(a) is exempt from the
requirements of Education Code 51.3062. The exemption is effective for the three-year period following the date a student takes the
last assessment instrument for purposes of Education Code
51.3062 and achieves the standard set by the Coordinating Board.
This exemption does not apply during any period for which the Coordinating Board designates the questions developed for EOC assessment instruments under Education Code 39.0233(a) as the
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TESTING PROGRAMS
EI
(LEGAL)
primary assessment instrument under Education Code 51.3062,
except that the three-year period described by this provision remains in effect for students who qualify for an exemption before
that period.
A student who has completed a Recommended or Advanced/Distinguished Achievement high school program as determined under Education Code 28.025 and demonstrated the performance standard for college readiness as provided by Education
Code 39.024 on the Algebra II and English III EOC assessment
instruments is exempt from the requirements of Education Code
51.3062 with respect to those content areas. The Commissioner
by rule shall establish the period for which an exemption under this
subsection is valid.
Education Code 51.3062(q)-(q–1)
TAKS
For a period of three years from the date of testing, a student who
is tested and performs on the grade 11 exit-level Texas Assessment of Knowledge and Skills (TAKS) with a minimum scale score
of 2200 on the mathematics section and/or a minimum scale score
of 2200 on the English language arts section with a writing subsection score of at least 3, shall be exempt from the assessment required under Title 19 for those corresponding sections. 19 TAC
4.54(a)(3) [For TAAS exemptions, see 19 TAC 4.54(a)(2)]
COLLEGE-LEVEL
EXPERIENCE
The Texas Success Initiative, as described at Education Code
51.3062 does not apply to:
1.
A student who has graduated with an associate or baccalaureate degree from an institution of higher education;
2.
A student who transfers to an institution of higher education
from a private or independent institution of higher education
or an accredited out-of-state institution of higher education
and who has satisfactorily completed college-level coursework; or
3.
A student who is enrolled in a certificate program of one year
or less at a public college district, a public technical institute,
or a public state college.
Education Code 51.3062(r); 19 TAC 4.54(a)
MILITARY
EXPERIENCE
The Texas Success Initiative, as described at Education Code
51.3062, does not apply to:
1.
A student who is serving on active duty as a member of:
a.
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The armed forces of the United States; or
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(LEGAL)
b.
The Texas National Guard.
2.
A student who is currently serving as and, for at least the
three-year period preceding enrollment, has served as a
member of a reserve component of the armed forces of the
United States; or
3.
A student who on or after August 1, 1990, was honorably discharged, retired, or released from:
a.
Active duty as a member of the armed forces of the
United States or the Texas National Guard; or
b.
Service as a member of a reserve component of the
armed forces of the United States.
Education Code 51.3062(r); 19 TAC 4.54(a)
NOT SEEKING A
CREDENTIAL
An institution of higher education may exempt a non-degreeseeking or non-certificate-seeking student from the requirements of
this section. Education Code 51.3062(s); 19 TAC 4.54(b)
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OTHER INSTRUCTIONAL INITIATIVES
CONSTITUTION DAY
EJA
(LEGAL)
Each educational institution that receives federal funds for a fiscal
year shall hold an educational program on the U.S. Constitution on
September 17 of such year for the students served by the educational institution. Pub. L. 108-447, Section 111, Division J (Dec. 8,
2004)
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RELIGION IN INSTRUCTION
EJB
(LEGAL)
A governmental entity, including a college district, must be neutral
toward religion. It must not advance, coerce, or endorse a particular religion or religion over non-religion. U.S. Constitution, Amend.
I; Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819
(1995); Lynch v. Donnelly, 465 U.S. 668 (1984); Lemon v.
Kurtzman, 403 U.S. 602 (1971)
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SECTION F: STUDENTS
FA
FAA
Service Animals
FB
FBA
ADMISSIONS
Transfers
FC
FCA
ATTENDANCE
Withdrawal
FD
FDA
TUITION AND FEES
Residency
FE
FEA
FEB
FINANCING EDUCATION
Financial Aid and Scholarships
Work Study
FF
FFA
FFAA
FFAB
FFAC
FFB
FFC
FFCA
FFD
FFE
STUDENT WELFARE
Wellness and Health Services
Immunizations
Medical Treatment
Communicable Diseases
Student Insurance
Student-Support Services
Student Assistance Programs/Counseling
Freedom from Discrimination, Harassment, and Retaliation
Freedom from Bullying and Dating Violence
FG
STUDENT HOUSING
FH
STUDENT AWARDS
FI
SOLICITATIONS
FJ
STUDENT RECORDS
FK
FKA
FKB
FKC
FKD
STUDENT ACTIVITIES
College-sponsored Publications
Activity Funds Management
Registered Student Organizations
Commencement
FL
FLA
FLAA
FLB
Student Expression
Student Use of College District Facilities
Student Conduct
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SECTION F: STUDENTS
FLBA
FLBC
FLBD
FLBE
FLBF
Student Dress
Prohibited Organizations and Hazing
Tobacco Use
Alcohol and Drug Use
Weapons
FLC
Interrogations and Searches
FLD
FLDB
Student Complaints
Course Grade Complaints
FLE
Involvement in Decision Making
FM
FMA
Discipline Procedure
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Note:
GENERALLY
FA
(LEGAL)
For complaints of discrimination, harassment, and retaliation on the basis of a protected characteristic, see FFD.
No governmental entity, including a college district, shall deny to
any person within its jurisdiction the equal protection of the laws.
U.S. Const. Amend. XIV
An officer or employee of a political subdivision, including a college
district, who is acting or purporting to act in an official capacity may
not, because of the student’s race, religion, color, sex, or national
origin, refuse to permit the person to participate in a program
owned, operated, or managed by or on behalf of the political subdivision; refuse to grant a benefit to the person; or impose an unreasonable burden on the person. Civ. Prac. and Rem. Code
106.001(a)
RELIGIOUS FREEDOM
A governmental entity, including a college district, shall make no
law prohibiting the free exercise of religion. U.S. Const. Amends. I,
XIV
A government agency, including a college district, may not substantially burden a student’s free exercise of religion, unless the government agency demonstrates that the application of the burden to
the person is in furtherance of a compelling governmental interest
and is the least restrictive means of furthering that interest. Civ.
Prac. and Rem. Code 110.003
DISCRIMINATION ON
THE BASIS OF SEX
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity
receiving federal financial assistance. 20 U.S.C. 1681; 34 C.F.R.
106.31
Educational programs and activities include:
1.
Housing. 34 C.F.R. 106.32
2.
Comparable facilities. 34 C.F.R. 106.33
3.
Access to course offerings. 34 C.F.R. 106.34
4.
Counseling. 34 C.F.R. 106.36
5.
Financial assistance. 34 C.F.R. 106.37
6.
Employment assistance to students. 34 C.F.R. 106.38
7.
Health and insurance benefits and services. 34 C.F.R. 106.39
8.
Athletics. 34 C.F.R. 106.41
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FA
(LEGAL)
PREGNANCY AND
MARITAL STATUS
A recipient shall not apply any rule concerning a student’s actual or
potential parental, family, or marital status that treats students differently on the basis of sex. 34 C.F.R. 106.40(a)
SEXUAL
HARASSMENT
Sexual harassment of students is discrimination on the basis of sex
under Title IX. Franklin v. Gwinnett County Schools, 503 U.S. 60
(1992) [See also FFD]
DEFINITION OF
SEXUAL
HARASSMENT
Sexual harassment of students is conduct that is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided
by the school. Sexual harassment does not include simple acts of
teasing and name-calling, however, even when the comments target differences in gender. Davis v. Monroe County Bd. of Educ.,
526 U.S. 629 (1999)
EMPLOYEE–
STUDENT
SEXUAL
HARASSMENT
An official of an educational entity who has authority to address
alleged harassment by employees on the entity’s behalf shall take
corrective measures to address the harassment or abuse. Gebser
v. Lago Vista Indep. Sch. Dist, 524 U.S. 274 (1998)
STUDENT–
STUDENT
SEXUAL
HARASSMENT
An educational entity must reasonably respond to known studenton-student harassment where the harasser is under the entity’s
disciplinary authority. Davis v. Monroe County Bd. of Educ., 526
U.S. 629 (1999)
DISCRIMINATION ON
THE BASIS OF RACE,
COLOR, OR NATIONAL
ORIGIN
No person in the United States shall, on the ground of race, color,
or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program to which 34 C.F.R. Part 100 applies.
A recipient under any program to which Part 100 applies may not,
directly or through contractual or other arrangements, on the
ground of race, color, or national origin:
1.
Deny an individual any service, financial aid, or other benefit
provided under the program;
2.
Provide any service, financial aid, or other benefit to an individual that is different, or is provided in a different manner,
from that provided to others under the program;
3.
Subject an individual to segregation or separate treatment in
any matter related to his receipt of any service, financial aid,
or other benefit under the program;
4.
Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service,
financial aid, or other benefit under the program;
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5.
Treat an individual differently from others in determining
whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition that individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;
6.
Deny an individual an opportunity to participate in the program
through the provision of services or otherwise or afford him an
opportunity to do so that is different from that afforded others
under the program (including the opportunity to participate in
the program as an employee but only to the extent set forth in
34 C.F.R. 100.3(c)); or
7.
Deny a person the opportunity to participate as a member of a
planning or advisory body that is an integral part of the program.
A recipient, in determining the types of services, financial aid, or
other benefits, or facilities that will be provided under any such
program, or the class of individuals to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program, or the class of individuals to
be afforded an opportunity to participate in any such program, may
not, directly or through contractual or other arrangements, utilize
criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respect
individuals of a particular race, color, or national origin.
42 U.S.C. 2000d; 34 C.F.R. 100.3(a)–(b)
DISCRIMINATION ON
THE BASIS OF
DISABILITY
ADA
Under the Americans with Disabilities Act (ADA), no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, including a college
district, or be subjected to discrimination by any such entity. 42
U.S.C. 12132; 28 C.F.R. 35.130
SECTION 504
Under Section 504 of the Rehabilitation Act, no otherwise qualified
individual with a disability shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. 29 U.S.C. 794(a)
DEFINITIONS
A “student with a disability” is one who has a physical or mental
impairment that substantially limits one or more of the student’s
major life activities, has a record of having such an impairment, or
is being regarded as having such an impairment.
“STUDENT WITH A
DISABILITY”
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The determination of whether an impairment substantially limits a
major life activity shall be made without regard to the ameliorative
effects of mitigating measures, such as medication, medical supplies, low-vision devices (which do not include ordinary eyeglasses
or contact lenses), prosthetics, hearing aids, mobility devices, oxygen therapy, assistive technology, or learned behavioral or adaptive neurological modifications.
An impairment that substantially limits one major life activity need
not limit other major life activities in order to be considered a disability. An impairment that is episodic or in remission is a disability if
it would substantially limit a major life activity when active.
A student meets the requirement of being “regarded as” having an
impairment if the student establishes that he or she has been subjected to a prohibited action because of an actual or perceived
physical or mental impairment whether or not the impairment limits
or is perceived to limit a major life activity. This provision does not
apply to impairments that are transitory or minor. A transitory impairment is one with an actual or expected duration of six months
or less.
29 U.S.C. 705(20)(B); 42 U.S.C. 12102(1), (3)–(4)
“QUALIFIED
INDIVIDUAL WITH
A DISABILITY”
The term “qualified individual with a disability” means an individual
with a disability who, with or without reasonable modifications to
rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids
and services, meets the essential eligibility requirements for the
receipt of services or the participation in programs or activities provided by a public entity. 42 U.S.C. 12131(2)
“MAJOR LIFE
ACTIVITIES”
“Major life activities” include caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading, concentrating,
thinking, communicating, and working. “Major life activity” also includes the operation of major bodily functions, including functions
of the immune system, normal cell growth, and digestive, bowel,
bladder, neurological, brain, respiratory, circulatory, endocrine, and
reproductive functions. 42 U.S.C. 12102(2)
REASONABLE
MODIFICATION
A public entity shall make reasonable modifications in policies,
practices, or procedures when the modifications are necessary to
avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 28
C.F.R. 35.130(b)(7)
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DIRECT THREAT
FA
(LEGAL)
The ADA does not require a public entity to permit an individual to
participate in or benefit from the services, programs, or activities of
the public entity when that individual poses a direct threat to the
health or safety of others.
“Direct threat” means a significant risk to the health or safety of
others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services as provided below.
28 C.F.R. 35.104
In determining whether an individual poses a direct threat to the
health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain:
1.
The nature, duration, and severity of the risk;
2.
The probability that the potential injury will actually occur; and
3.
Whether reasonable modifications of policies, practices, or
procedures or the provision of auxiliary aids or services will
mitigate the risk.
28 C.F.R. 35.139
RETALIATION
No recipient of federal financial assistance or other person shall
intimidate, threaten, coerce, or discriminate against any individual
for the purpose of interfering with any right or privilege secured by
Title VI, Title IX, or Section 504 or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under 34 C.F.R. Parts 100, 104, or
106. 34 C.F.R. 100.7(e) (Title VI), 104.61 (Section 504), 106.71
(Title IX)
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SERVICE ANIMALS
”SERVICE ANIMAL”
SERVICE DOGS
FAA
(LEGAL)
“Service animal” means any dog that is individually trained to do
work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of
this definition.
The work or tasks performed by a service animal must be directly
related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or
have low vision with navigation and other tasks, alerting individuals
who are deaf or hard of hearing to the presence of people or
sounds, providing non-violent protection or rescue work, pulling a
wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance
with balance and stability to individuals with mobility disabilities,
and helping persons with psychiatric and neurological disabilities
by preventing or interrupting impulsive or destructive behaviors.
The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship
do not constitute work or tasks for the purposes of this definition.
28 C.F.R. 35.104
POLICIES,
PRACTICES, OR
PROCEDURES
A public entity, including a college district, shall modify its policies,
practices, or procedures to permit the use of a service animal by
an individual with a disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the
nature of the service, program, or activity. 28 C.F.R. 35.130(b)(7),
.136(a) [See FA(LEGAL)]
ACCESS
Individuals with disabilities shall be permitted to be accompanied
by their service animals in all areas of a public entity’s facilities,
where members of the public, participants in services, programs or
activities, or invitees, as relevant, are allowed to go. 28 C.F.R.
35.136(g)
EXCEPTIONS
A public entity may ask an individual with a disability to remove a
service animal from the premises if:
1.
The animal is out of control and the animal’s handler does not
take effective action to control it; or
2.
The animal is not housebroken.
28 C.F.R. 35.136(b)
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SERVICE ANIMALS
FAA
(LEGAL)
The Americans with Disabilities Act does not require a public entity
to permit an individual to participate in or benefit from the services,
programs, or activities of that public entity when that individual
poses a direct threat to the health or safety of others. 28 C.F.R.
35.139 [See FA(LEGAL)]
If a public entity properly excludes a service animal, it shall give the
individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the
premises. 28 C.F.R. 35.136(c)
ANIMAL
UNDER
HANDLER’S
CONTROL
INQUIRIES
A service animal shall be under the control of its handler. A service
animal shall have a harness, leash, or other tether, unless either
the handler is unable because of a disability to use a harness,
leash, or other tether, or the use of a harness, leash, or other tether
would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be
otherwise under the handler’s control (e.g., voice control, signals,
or other effective means). 28 C.F.R. 35.136(d)
A public entity shall not ask about the nature or extent of a person’s
disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the
animal is required because of a disability and what work or task the
animal has been trained to perform.
A public entity shall not require documentation, such as proof that
the animal has been certified, trained, or licensed as a service
animal.
Generally, a public entity may not make these inquiries about a
service animal when it is readily apparent that an animal is trained
to do work or perform tasks for an individual with a disability (e.g.,
the dog is observed guiding an individual who is blind or has low
vision, pulling a person’s wheelchair, or providing assistance with
stability or balance to an individual with an observable mobility
disability).
28 C.F.R. 35.136(f)
CARE OR
SUPERVISION OF
ANIMAL
A public entity is not responsible for the care or supervision of a
service animal. 28 C.F.R. 35.136(e)
SURCHARGES
A public entity shall not ask or require an individual with a disability
to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally
not applicable to people without pets.
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SERVICE ANIMALS
FAA
(LEGAL)
If a public entity normally charges individuals for the damage they
cause, an individual with a disability may be charged for damage
caused by his or her service animal.
28 C.F.R. 35.136(h)
MINIATURE HORSES
REASONABLE
MODIFICATIONS
ASSESSMENT
FACTORS
A public entity shall make reasonable modifications in policies,
practices, or procedures to permit the use of a miniature horse by
an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the
individual with a disability. 28 C.F.R. 35.136(i)(1)
In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a
specific facility, a public entity shall consider:
1.
The type, size, and weight of the miniature horse and whether
the facility can accommodate these features;
2.
Whether the handler has sufficient control of the miniature
horse;
3.
Whether the miniature horse is housebroken; and
4.
Whether the miniature horse’s presence in a specific facility
compromises legitimate safety requirements that are necessary for safe operation.
28 C.F.R. 35.136(i)(2)
OTHER
REQUIREMENTS
Provisions at 28 C.F.R. 35.136(c) through (h) shall also apply to
miniature horses. 28 C.F.R. 35.136(i)(3)
“ASSISTANCE ANIMAL”
"Assistance animal" means an animal that is specially trained or
equipped to help a person with a disability and that:
1.
Is used by a person with a disability who has satisfactorily
completed a specific course of training in the use of the animal; and
2.
Has been trained by an organization generally recognized by
agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide animals with training of this type.
Human Resources Code 121.002(1)
ASSISTANCE
ANIMAL ACCESS
No person with a disability may be denied admittance to any public
facility in the state because of the person's disability or may be denied the use of an assistance animal.
Regulations relating to the use of public facilities by any designated
class of persons from the general public may not prohibit the use of
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FAA
(LEGAL)
particular public facilities by persons with disabilities who, except
for their use of assistance animals, would fall within the designated
class.
An assistance animal in training shall not be denied admittance to
any public facility when accompanied by an approved trainer who
is an agent of an organization generally recognized by agencies
involved in the rehabilitation of persons who are disabled as reputable and competent to provide training for assistance animals
and/or their handlers.
Human Resources Code 121.003(c), (e), (i)
HARASSMENT AND
HARM PROHIBITED
A person may not assault, harass, interfere with, kill, or injure in
any way, or attempt to assault, harass, interfere with, kill, or injure
in any way, an assistance animal. Human Resources Code
121.003(j)
TRANSPORTATION
No public conveyance or mode of transportation operating within
the state may refuse to accept as a passenger a person with a disability solely because of the person's disability, nor may a person
with a disability be required to pay an additional fare because of his
or her use of an assistance animal. Human Resources Code
121.003(b)
RESPONSIBILITIES
OF PERSONS WITH
DISABILITIES
A person with a disability who uses an assistance animal for assistance in travel is liable for any damages done to the premises or
facilities by the animal.
A person with a disability who uses an assistance animal for assistance in travel or auditory awareness shall keep the animal properly harnessed or leashed, and a person who is injured by the animal
because of the failure of a person with a disability to properly harness or leash the animal is entitled to maintain a cause of action for
damages in a court of competent jurisdiction under the same law
applicable to other causes brought for the redress of injuries
caused by animals.
Human Resources Code 121.005
PENALTIES
A person, association, or other organization or the agent of a
person, association, or other organization who violates a provision
of Human Resources Code 121.003 commits a misdemeanor
punishable by a fine of not less than $300 or more than $1,000 and
is deemed to have deprived a person with a disability of his or her
civil liberties. The person with a disability deprived of his or her
civil liberties may maintain a cause of action for damages in a court
of competent jurisdiction, and there is a conclusive presumption of
damages in the amount of at least $100 to the person with a
disability. Human Resources Code 121.004
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ADMISSIONS
FB
(LEGAL)
COMMON ADMISSION
APPLICATION FORM
Public junior colleges, public state colleges, and public technical
institutes must accept freshman and undergraduate transfer applications using the electronic common admission application form
adopted by the Coordinating Board pursuant to Education Code
51.762. Education Code 51.762; 19 TAC 4.11(a)–(b)
RIGHT TO AN
ACADEMIC FRESH
START
Unless otherwise prohibited by law, a resident of this state is entitled to apply for admission to and enroll as an undergraduate student in any public institution of higher education, including a college district, under Education Code 51.931.
If an applicant elects to seek admission under this section, a public
institution of higher education, in considering the applicant for admission, shall not consider academic course credits or grades
earned by the applicant ten or more years prior to the starting date
of the semester in which the applicant seeks to enroll. An applicant
who makes the election to apply under this section and is admitted
as a student may not receive any course credit for courses undertaken ten or more years prior to enrollment.
Nothing in this section prohibits a public institution of higher education from applying standard admissions criteria generally applicable
to persons seeking admission to the institution.
Education Code 51.931(b)–(c), (e)
STUDENTS WITH
“NONTRADITIONAL
SECONDARY
EDUCATION”
“Nontraditional secondary education” means a course of study at
the secondary school level in a nonaccredited private school setting, including a home school.
Because the State of Texas considers successful completion of a
nontraditional secondary education to be equivalent to graduation
from a public high school, an institution of higher education, including a college district, must treat an applicant for admission to the
institution as an undergraduate student who presents evidence that
the person has successfully completed a nontraditional secondary
education according to the same general standards as other applicants for undergraduate admission who have graduated from a
public high school.
An institution of higher education may not require an applicant for
admission to the institution as an undergraduate student who presents evidence that the person has successfully completed a nontraditional secondary education to:
1.
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Obtain or submit evidence that the person has obtained a
general education development certificate, certificate of high
school equivalency, or other credentials equivalent to a public
high school degree; or
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2.
Take an examination or comply with any other application or
admission requirement not generally applicable to other applicants for undergraduate admission to the institution.
VETERANS, SPOUSES,
AND DEPENDENTS
In determining whether to admit a person to any certificate program
or professional degree program, an institution of higher education,
including a college district, may not consider the fact that the person is eligible for an exemption under Education Code 54.341
(Veterans and Other Military Personnel; Dependents). Education
Code 54.341(j)
IMMUNIZATION
NOTICE
An institution of higher education, including a college district, in
conjunction with the Texas Department of State Health Services,
should provide individual notice to each student applying for admission regarding:
1.
The consequences of not being current on immunization for
certain diseases;
2.
The age groups most vulnerable to these vaccine-preventable
diseases; and
3.
Local providers of immunization services.
Education Code 51.933; 25 TAC 97.64(a), (d)
Note:
FOREIGN STUDENTS
SEVIS SYSTEM
For information regarding immunization requirements
that apply to applicants for admission, see FFAA.
A school or school system, including a college district, seeking initial or continued authorization for attendance by a nonimmigrant,
alien student holding an F visa (academic institutions), J visa (exchange student program), or M visa (vocational and nonacademic
institutions), including a “border commuter” student holding an F-3
or M-3 visa (Canadian and Mexican nationals), must apply to the
U.S. Attorney General for approval under 8 U.S.C. 1372 and 8
C.F.R. 214.3.
A school must also submit electronic data regarding nonimmigrant
students through the Student and Exchange Visitor Information
System (SEVIS). A school shall provide the information set forth at
8 U.S.C. 1372(c) and 8 C.F.R. 214.3(g), regarding each student
with an F, J, or M visa. Schools must update SEVIS with the current information within 21 days of a change in the information or
the occurrence of events described in 8 C.F.R. 214.3(g)(2).
8 U.S.C. 1372; 8 C.F.R. 214.3(a)(1), (g)–(h)
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ADMISSIONS
FB
(LEGAL)
Not later than 30 days after the deadline for registering for classes
for an academic term of an approved institution of higher education
or other approved educational institution for which documentation
is issued for an alien, or the scheduled commencement of participation by an alien in a designated exchange visitor program, as the
case may be, the institution or program, respectively, shall report to
the Immigration and Naturalization Service any failure of the alien
to enroll or to commence participation. 8 U.S.C. 1372(a)(4); 8
C.F.R. 214.3(g)(2)
An educational agency or institution may not refuse to report information concerning an F or M nonimmigrant student or a J nonimmigrant exchange visitor that the educational agency or institution
is required to report under 8 U.S.C. 1372 and 8 C.F.R. 214.3(g) (or
any corresponding U.S. Department of State regulation concerning
J nonimmigrants) on the basis of the Family Educational Rights
and Privacy Act (FERPA) and any regulation implementing FERPA.
The waiver of FERPA under this paragraph authorizes and requires
an educational agency or institution to report information concerning an F, J, or M nonimmigrant that would ordinarily be protected
by FERPA but only to the extent that 8 U.S.C. 1372 and 8 C.F.R.
214.3(g) (or any corresponding U.S. Department of State regulation
concerning J nonimmigrants) requires the educational agency or
institution to report information. 8 U.S.C. 1372(c)(2); 8 C.F.R.
214.1(h)
READMISSION AFTER
MILITARY SERVICE
This section applies only to a student who withdraws from an institution of higher education, including a college district, to perform
active military service as a member of the U.S. Armed Forces or
the Texas National Guard, except that this section does not apply
to a student who withdraws from an institution solely to perform
one or more training exercises as a member of the Texas National
Guard.
For any academic term that begins after the date a student described above is released from active military service but not later
than the first anniversary of that date, the institution of higher education from which the student withdrew shall readmit the student,
without requiring reapplication or charging a fee for readmission, if
the student is otherwise eligible to register for classes at the institution. On readmission of the student, the institution shall:
1.
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Provide to the student any financial assistance previously
provided by the institution to the student before the student’s
withdrawal if the student meets current eligibility requirements
for the assistance, other than any requirement directly affected by the student’s services, such as continuous enrollment
or another similar timing requirement; and
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2.
Allow the student the same academic status that the student
had before the student’s withdrawal, including any course
credit awarded to the student by the institution.
An institution of higher education may adopt rules requiring reasonable proof from a student of the fact and duration of the student’s active military service.
PERSONS WITH
DISABILITIES
Qualified persons may not, on the basis of disability, be denied
admission or be subjected to discrimination in admission or recruitment by a postsecondary education program or activity to
which 34 C.F.R. Part 104, Subpart E applies. 34 C.F.R. 104.42(a)
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ATTENDANCE
FC
(LEGAL)
EXCUSED ABSENCES
shall develop and include in its official bulletins, catalogs, and other
appropriate publications a statement regarding its policies and procedures for all excused absences. 19 TAC 4.4(b)
“RELIGIOUS HOLY
DAYS”
A “religious holy day” means a holy day observed by a religion
whose places of worship are exempt from property taxation under
Tax Code 11.20.
excuse a student from attending classes or other required
activities, including examinations, for the observance of a religious
holy day, including travel for that purpose. A student whose
absence is excused under this section may not be penalized for
that absence and shall be allowed to take an examination or
complete an assignment within a reasonable time after the
absence.
Policies and procedures for absences due to religious holy days
shall be consistent with (or no more arduous than) the institution’s
policies and procedures relating to other excused absences.
If a student and an instructor disagree about the nature of the
absence being for the observance of a religious holy day as
defined above, or if there is a similar disagreement about whether
the student has been given a reasonable time to complete any
missed assignments or examinations, either the student or the
instructor may request a ruling from the chief executive officer of
the institution or his or her designee. The student and the
instructor shall abide by the decision of the chief executive officer
or his or her designee.
A student who is excused under this section may not be penalized
for the absence, but the instructor may appropriately respond if the
student fails to satisfactorily complete the assignment or
examination.
Education Code 51.911; 19 TAC 4.4, 9.24
MILITARY SERVICE
“ACTIVE MILITARY
SERVICE”
This section applies only if a student enrolled in an institution of
higher education, including a college district, fails to attend classes
or engage in other required activities because the student is called
to active military service that is of a reasonably brief duration, as
determined by rule adopted by the Coordinating Board, and the
student chooses not to withdraw as authorized by Education Code
54.006(f). Education Code 51.9111(b) [See EGA(LEGAL)]
“Active military service” includes active service in the Armed Forces
of the United States or in the National Guard or the Texas State
Guard. Education Code 51.9111(a)(2); 19 TAC 4.3(1)
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ATTENDANCE
FC
(LEGAL)
EXCUSED ABSENCE
FOR ACTIVE
MILITARY SERVICE
Upon notice from a student, an institution of higher education shall
excuse a student from attending classes or engaging in other required activities, including examinations, in order for the student to
participate in active military service to which the student is called,
including travel associated with the service. A student whose absence is excused may not be penalized for that absence and shall
be allowed to complete an assignment or take an examination from
which the student is excused within a reasonable time after the absence. An instructor may appropriately respond if the student fails
to satisfactorily complete the assignment or examination within a
reasonable time after the absence. Education Code 51.9111(c); 19
TAC 4.9(a)–(b)
POLICIES AND
PROCEDURES
Each institution shall adopt a policy that includes:
1.
The retention of a student’s coursework completed during the
portion of the course prior to the student being called to active
military service;
2.
The course syllabus or other instructional plan, so that the
student will be able to complete the course without prejudice
and under the same course requirements that were in effect
when the student enrolled in the course;
3.
A definition of a reasonable time after the absence for the
completion of assignments and examinations;
4.
Procedures for failure of a student to satisfactorily complete
the assignment or examination within a reasonable time after
the absence; and
5.
A dispute resolution process regarding the policy.
Institutions are directed to develop and publish policies and procedures to ensure that students enrolled in distance learning, selfpaced, correspondence, and other asynchronous courses receive
equivalent consideration for the purposes of determining acceptable duration of excused absences and time limits for the completion
of coursework following an excused absence under this section.
19 TAC 4.9(c), (e)
MAXIMUM
The maximum period for which a student may be excused under
this section shall be no more than 25 percent of the total number of
class meetings or the contact hour equivalent (not including the
final examination period) for the specific course or courses in which
the student is currently enrolled at the beginning of the period of
active military service. Education Code 51.9111(d); 19 TAC 4.9(d)
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ATTENDANCE
NOTIFICATION TO
SEVIS
FC
(LEGAL)
A public institution of higher education, including a college district,
that is certified by the U.S. Secretary of Homeland Security to
enroll a foreign student admitted into the United States under a
nonimmigrant F or M visa shall promptly notify the federal Student
and Exchange Visitor Information System (SEVIS) or a successor
program if:
1.
A student enrolled under an F or M visa withdraws from the
institution or withdraws from all courses in which the student
is enrolled; or
2.
The institution dismisses a student enrolled under an F or M
visa for nonattendance or takes any other official administrative action in regard to the student as a result of the student's
nonattendance.
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(LEGAL)
The governing board of a junior college district may set and collect
with respect to a public junior college in the district any amount of
tuition, rentals, rates, charges, or fees the board considers necessary for the efficient operation of the college, except that a tuition
rate set must satisfy the requirements of Education Code
54.051(n). The governing board may set a different tuition rate for
each program, course, or course level offered by the college, including a program, course, or course level to which a provision of
Education Code 54.051 applies, as the governing board considers
appropriate to reflect course costs or to promote efficiency or another rational purpose. Education Code 130.084(b)
To be eligible for and to receive a proportionate share of state appropriations, a public junior college must, among other requirements, collect, from each full-time and part-time student enrolled,
matriculation and other session fees in the amounts required by
law or in the amounts set by the governing board of the junior college district as authorized by Education Code Title 3; and grant,
when properly applied for, the scholarships and tuition exemptions
provided for in the Education Code. Education Code 130.003(b)
TUITION AND FEE
EXEMPTIONS AND
WAIVERS
Students attending a college district may qualify for a tuition and
fee exemption or waiver, including a waiver of nonresident tuition,
as allowed by law. [See Education Code Chapter 54, Subchapter
D; Education Code 51.9112, 54.010, 54.5025, 54.5035, 130.0032,
130.008, 130.0081, 130.085, 130.0851] [See FD(EXHIBIT)]
TUITION RATES
Tuition for a resident student registered in a public junior college is
determined by the governing board of each institution, but the tuition may not be less than $8 for each semester credit hour and
may not total less than $25 for a semester. Tuition for a nonresident student is determined by the governing board of each institution, but the tuition may not be less than $200 for each semester.
Education Code 54.051(n)
“NONRESIDENT
TUITION”
“Nonresident tuition” means the amount of tuition paid by a person
who is not a resident of this state and who is not entitled or permitted to pay resident tuition under Education Code Chapter 54, Subchapter B. Education Code 54.0501(4); 19 TAC 21.22(19)
The governing board of a junior college district shall establish the
rate of tuition and fees charged to a student who resides outside
the district by considering factors such as:
1.
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The sufficiency of the rate to promote taxpayer equity by encouraging areas benefiting from the educational services of
the district to participate in financing the education of students
from that area;
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2.
The extent to which the rate will ensure that the cost to the
district of providing educational services to a student who resides outside the district is not financed disproportionately by
the taxpayers residing within the district; and
3.
The rate that would generate tuition and fees equal to the total amount of tuition and fees charged to a similarly situated
student who resides in the district plus an amount per credit
hour determined by dividing the total amount of ad valorem
taxes imposed by the district in the tax year preceding the
year in which the academic year begins by the total number of
credit hours for which the students who were residents of the
district enrolled in the district in the preceding academic year.
Education Code 130.0032(d)
LIABILITY FOR
UNPAID
NONRESIDENT
TUITION
If an institution of higher education erroneously classifies a person
as a resident of this state and the person is not entitled or permitted to pay resident tuition, the institution of higher education shall
charge nonresident tuition to the person beginning with the first academic term that begins after the date the institution discovers the
error. Not earlier than the first day of that term, regardless of
whether the person is still enrolled at the institution, the institution
may request the person to pay the difference between resident and
nonresident tuition for an earlier term as permitted by Education
Code 54.057. For nonpayment of the amount owed, the institution
may impose sanctions only as provided by that section. The institution may not require payment as a condition for any subsequent
enrollment by the person in the institution.
Regardless of the reason for the error, if an institution of higher education erroneously classifies a person as a nonresident of this
state, the institution shall charge resident tuition to the person beginning with the academic term in which the institution discovers
the error. The institution immediately shall refund to the person the
amount of tuition the person paid in excess of resident tuition.
REPEATED
COURSES OR
EXCESSIVE HOURS
An institution of higher education may charge a resident undergraduate student tuition at a higher rate than would otherwise be
charged for certain repeated courses or excessive hours, as allowed by law. Education Code 54.014, 130.0034; 19 TAC Ch. 13,
Subch. F
The institution shall publish information in the catalog about the
limitation provided by law on the number of hours or types of
courses that a Texas resident is entitled to complete while paying
tuition at the rate provided for Texas residents and the tuition rate
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that will be charged to affected students. Until this material is included in its catalog, the institution shall inform in writing each new
undergraduate student enrolling at the institution of the limitation
on formula funding and the tuition rate that will be charged to affected students. Education Code 54.014(e); 19 TAC 13.109(b)
FEES
FEES FOR
EXTRAORDINARY
COSTS
The governing board of a public junior college may establish a fee
for extraordinary costs associated with a specific course or program and may provide that the exemptions provided by Education
Code 54.341 do not apply to this fee. Education Code 54.341(g)
INDIVIDUALIZED
COURSES
Resident students or nonresident students registered for a course
or courses in art, architecture, drama, speech, or music, where individual coaching or instruction is the usual method of instruction,
shall pay a fee, in addition to the regular tuition, set by the governing board of the institution. Education Code 54.051(l)
LABORATORY FEES
set and collect a laboratory fee in an amount sufficient to cover the
general cost of laboratory materials and supplies used by a student. A public junior college may charge a laboratory fee in an
amount that does not exceed the lesser of $24 per semester credit
hour of laboratory course credit for which the student is enrolled or
the cost of actual materials and supplies used by the student. Education Code 54.501(a)
AEROSPACE
MECHANICS
CERTIFICATION
COURSE FEE
The governing board of a public junior college may set and collect
a fee per contact hour, not to exceed $4, for each person registered in an aerospace mechanics certification course where the fee
is required to offset that portion of the cost of the course, including
the cost of equipment and of professional instruction or tutoring,
that is not covered by state funding or by laboratory fees. Education Code 54.501(c)
USE FEES
The governing board of each junior college district shall be authorized to fix and collect rentals, rates, charges, and/or fees, including
student union fees and technology fees, from students and others
for the occupancy, use, and/or availability of all or any of its property, buildings, structures, activities, operations, or facilities, of any
nature, in such amounts and in such manner as may be determined by such board. Education Code 130.123; Dallas County
Cmty Coll. Dist. v. Bolton, 185 S.W.3d 868 (Tex. 2005)
GENERAL
DEPOSITS
An institution of higher education may collect a reasonable deposit
in an amount not to exceed $100 from each student to insure the
institution against any losses, damages, and breakage for which
the student is responsible and to cover any other amounts owed by
the student to the institution. The institution shall return to the student the deposit, less any such amounts owed to the institution by
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the student. The deposit must be returned within a reasonable period after the date of the student's withdrawal or graduation from
the institution, not to exceed 180 days, that provides the institution
with sufficient time to identify all amounts owed and to determine
that the student does not intend to enroll at the institution in the
semester or summer session immediately following the student's
withdrawal or graduation or, if the student withdraws or graduates
in the spring semester, in the next fall semester. Education Code
54.502(a)
STUDENT DEPOSIT
FUND
The student deposit fund consists of the income from the investment or time deposits of general deposits and of forfeited general
deposits. Any general deposit that remains without call for refund
for a period of four years from the date of last attendance of the
student making the deposit shall be forfeited and become a part of
the student deposit fund. Education Code 54.5021 does not prohibit refund of any balance remaining in a general deposit when
made on proper demand and within the four-year limitation period.
The governing board of the institution may require that no student
withdraw the student’s deposit until the student has graduated or
has apparently withdrawn from school.
The student deposit fund shall be used, at the discretion of the institution’s governing board, for making scholarship awards to
needy and deserving students of the institution and making grants
under Education Code Chapter 56, Subchapter C to the students
of the institution.
The Coordinating Board shall administer the scholarship awards
for the institution, including the selection of recipients and the
amounts and conditions of the awards. The recipients of the
scholarships must be residents of the state as defined for tuition
purposes.
Not later than August 31 of each fiscal year, each institution of
higher education that has an unobligated and unexpended balance
in its student deposit fund that exceeds 150 percent of the total deposits to that fund during that year shall remit to the Coordinating
Board the amount of that excess. The Coordinating Board shall
allocate on an equitable basis amounts received to institutions of
higher education that do not have an excess described by this
subsection for deposit in their student deposit fund. The amount
allocated may be used only for making grants under Education
Code Chapter 56, Subchapter M (TEXAS grants).
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VEHICLE
REGISTRATION /
PARKING AND
TRAFFIC FEES
The governing board of each institution of higher education may
charge a reasonable fee for registration of a vehicle under Education Code 51.202. The governing board may fix and collect a reasonable fee or fees for the provision of facilities and the enforcement and administration of parking and traffic regulations approved
by the board for an institution; provided, however, that no such fee
may be charged to a student, unless the student desires to use the
facilities. Education Code 54.505
INTERNATIONAL
EDUCATION FEE
charge and collect from students registered at the institution a fee
in an amount not less than $1 and not more than $4 for each semester or summer session. The amount of the fee may be increased only if the increase is approved by a majority vote of the
students at the institution participating in an election called for that
purpose.
Fees collected shall be deposited in an international education financial aid fund outside the state treasury. Money in the fund may
be used only to assist students participating in international student
exchange or study programs.
The international education financial aid fund shall be used in accordance with guidelines jointly developed by the student governing body of the institution and the administration of the institution.
If an institution does not have a student governing body, the president may appoint a Committee of Students to assist with the development of the guidelines.
The fee imposed under this section may not be considered in determining the maximum student services fee that may be charged
students enrolled at the institution under Education Code
54.503(b).
CONTINUING
EDUCATION
COURSE FEES
The governing board of an institution of higher education shall
charge a reasonable fee to each person registered in a continuing
education course at the institution. The board shall set the fee in
an amount sufficient to permit the institution to recover the costs to
the institution of providing the course.
This section applies only to a course for which the institution does
not collect tuition or receive formula funding, including an extension
course, correspondence course, or other self-supporting course.
Education Code Chapter 54, Subchapters B and D do not apply to
a fee charged under this section, except to a fee for a correspondence course taken by a student who would qualify for an exemption
from tuition under Education Code 54.341 if the correspondence
course applies towards the student’s degree plan. The governing
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board of an institution of higher education may grant an exemption
provided by Section 54.341 for continuing education courses.
ROTC PROGRAM
FEES
The governing board of an institution of higher education may not
charge a student enrolled in a Reserve Officers' Training Corps
(ROTC) course any amount for the course in excess of the fee as
determined by the Coordinating Board under Education Code
51.9112(a).
EXCEPTION
If the governing board of an institution of higher education offers
course credit toward a student's degree for a course in which the
student enrolls for the purposes of an ROTC program, the Coordinating Board may charge the student tuition for that course as otherwise provided by Education Code Chapter 54 after subtracting
any reimbursement or other amount the institution receives from
the applicable military service or other source for offering the
course.
ENVIRONMENTAL
SERVICE FEE
AMOUNT
charge each student enrolled at the institution an environmental
service fee, if the fee has been approved by a majority vote of the
students enrolled at the institution who participate in a general student election called for that purpose. Education Code 54.5041(a)
Unless increased as set out below, the amount of the fee may not
exceed:
1.
$5 for each regular semester or summer term of more than
six weeks; or
2.
$2.50 for each summer session of six weeks or less.
The amount of the fee may not be increased unless the increase
has been approved by a majority vote of the students enrolled at
the institution who participate in a general student election called
for that purpose. The fee may not be increased if the increase
would result in a fee in an amount that exceeds:
1.
$10 for each regular semester or summer term of more than
six weeks; or
2.
$5 for each summer session of six weeks or less.
Education Code 54.5041(b)(d)
USE
The fee may be used only to:
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1.
Provide environmental improvements at the institution through
services related to recycling, energy efficiency and renewable
energy, transportation, employment, product purchasing,
planning and maintenance, or irrigation; or
2.
Provide matching funds for grants to obtain environmental
improvements described above.
An institution that imposes the environmental service fee may not
use the revenue generated by the fee to reduce or replace other
money allocated by the college district for environmental projects.
Any fee revenue that exceeds the amount necessary to cover current operating expenses for environmental services and any interest generated from that revenue may be used only for purposes
provided above.
The fee is not considered in determining the maximum amount of
student services fees that the institution of higher education may
charge.
Education Code 54.5041(c), (e)–(g)
PERIOD OF
CHARGE
The fee may not be charged after the fifth academic year in which
the fee is first charged unless, before the end of that academic
year, the institution has issued bonds payable in whole or in part
from the fee, in which event the fee may not be charged after the
academic year in which all such bonds, including refunding bonds
for those bonds, have been fully paid. Education Code 54.5041(h)
STUDENT
SERVICES FEES
charge and collect from students registered in the institution fees to
cover the cost of student services. The fee or fees may be either
voluntary or compulsory as determined by the governing board.
The total of all compulsory student fees collected from a student at
an institution of higher education for any one semester or summer
session shall not exceed $250. No portion of the compulsory fees
collected may be expended for parking facilities or services, except
as related to providing shuttle bus services. Education Code
54.503(b)
“STUDENT
SERVICES”
“Student services” means activities that are separate and apart
from the regularly scheduled academic functions of the institution
and directly involve or benefit students, including textbook rentals,
recreational activities, health and hospital services, medical services, intramural and intercollegiate athletics, artists and lecture
series, cultural entertainment series, debating and oratorical activities, student publications, student government, the student fee advisory committee, student transportation services other than services under Education Code 54.504, 54.511, 54.512, and 54.513,
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and any other student activities and services specifically authorized
and approved by the governing board of the institution of higher
education. The term does not include services for which a fee is
charged under another section of the Education Code. Education
Code 54.503(a)(1)
Whether a particular service falls within the definition of a student
services fee is normally a determination to be made in the first instance by the institution's governing board, subject ultimately to
judicial review. Atty. Gen. Op. DM-450 (Sept. 2, 1997)
DUAL
ENROLLMENT
If a student registers at more than one institution of higher education within a college or university system under concurrent enrollment provisions of joint or cooperative programs between institutions, the student shall pay all compulsory student services fees to
the institution designated as the home institution under the joint or
cooperative program. The governing board of the college or university system may waive the payment of all compulsory student
services fees at the other institution or institutions. Education
Code 54.503(g)
INCIDENTAL FEES
The governing board of an institution of higher education may fix
the rate of incidental fees to be paid to an institution under its governance by students and prospective students and may make rules
for the collection of the fees and for the distribution of the funds,
such funds to be accounted for as other designated funds. The
rate of an incidental fee must reasonably reflect the actual cost to
the university of the materials or services for which the fee is collected. In fixing the rate, the governing board may consult with a
student fee advisory committee, which the governing board may
establish if such student committee does not presently exist.
The board shall publish in the general catalog of the university a
description of the amount of each fee to be charged.
Incidental fees include, without limitation, such fees as late registration fees, library fines, microfilming fees, thesis or doctoral manuscript reproduction or filing fees, bad check charges, application
processing fees, and laboratory breakage charges, but does not
include a fee for which the governing board makes a charge under
the authority of any other provision of law.
Whether a particular fee falls within the scope of the incidental fees
statute is a determination to be made by the institution's governing
board in the first instance, subject to review by a court. Atty. Gen.
Op. DM-450 (1997)
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CREDIT CARD FEES
FD
(LEGAL)
An institution of higher education may charge a fee or other
amount in connection with a payment of tuition, a fee, or another
charge to an institution of higher education that is made or authorized in person, by mail, by telephone call, or through the Internet
by means of an electronic funds transfer or a credit card, in addition to the amount of the tuition, fee, or other charge being paid,
including:
1.
A discount, convenience, or service charge for the transaction; or
2.
A service charge in connection with a payment transaction
that is dishonored or refused for lack of funds or insufficient
funds.
A fee or other charge under Education Code 54.5011 must be in an
amount reasonable and necessary to reimburse the institution for
the expense incurred by the institution in processing and handling
the payment or payment transaction.
Before accepting a payment by credit card, the institution shall notify the student of any fee to be charged.
STUDENT FEE
ADVISORY
COMMITTEE
MEMBERSHIP
Before recommending the student fee budget to the governing
board of the institution, the president of the institution shall consider the report and recommendations of the student fee advisory
committee. Education Code 54.5031(g)
Each committee is composed of the following nine members:
1.
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Five student members who are enrolled for not less than six
semester credit hours at the institution and who are representative of all students enrolled at the institution, selected by
one of the following methods:
a.
If the institution has a student government, the student
government shall appoint three students to serve twoyear terms on the committee and two students to serve
one-year terms on the committee.
b.
If the institution does not have a student government, the
students enrolled at the institution shall elect three students to serve two-year terms on the committee and two
students to serve one-year terms on the committee. A
candidate for a position on the committee must designate whether the position is for a one-year or two-year
term.
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2.
Four members who are representative of the institution, appointed by the president of the institution.
Education Code 54.5031(b)–(c)
A student member of the committee who withdraws from the institution must resign from the committee. Education Code
54.5031(d)
A vacancy in an appointive position on the committee shall be filled
for the unexpired portion of the term in the same manner as the
original appointment. A vacancy in an elective position on the
committee shall be filled for the unexpired portion of the term by
appointment by the president of the institution. Education Code
54.5031(e)
DUTIES
The committee shall:
1.
Study the type, amount, and expenditure of compulsory fees
under Education Code 54.503, and
2.
Meet with appropriate administrators of the institution, submit
a written report on the study, and recommend the type,
amount, and expenditure of a compulsory fee to be charged
for the next academic year.
MEETINGS
A student fee advisory committee shall conduct meetings at which
a quorum is present in a manner that is open to the public and in
accordance with procedures prescribed by the president of the
institution.
The procedures prescribed by the president of the institution must:
1.
Provide for notice of the date, hour, place, and subject of the
meeting at least 72 hours before the meeting is convened;
and
2.
Require that the notice be:
a.
Posted on the Internet; and
b.
Published in a student newspaper of the institution, if an
issue of the newspaper is published between the time of
the Internet posting and the time of the meeting.
The final recommendations made by a student fee advisory committee must be recorded and made public.
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RECOMMENDATIONS
COLLECTION
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(LEGAL)
If the president’s recommendations to the governing board are
substantially different from the committee’s recommendations to
the president, the administration of the institution shall notify the
committee not later than the last date on which the committee may
request an appearance at the board meeting. On request of a
member of the committee, the administration of the institution shall
provide the member with a written report of the president’s recommendations to the board. Education Code 54.5031(g)
For billing and catalogue purposes, each governing board shall accumulate all the tuition that it charges under Education Code Chapter 54 into one tuition charge. Education Code 54.015
Unless a student's payment due date has been postponed due to
pending disbursements of financial aid as described in 19 Administrative Code 21.4(b), the following conditions shall apply in the collection of tuition and/or tuition and fees at institutions of higher education, including college districts, and in the conducting of
enrollment audits.
On or before the dates for reporting official enrollments each semester to the Coordinating Board each enrollment period, each
community college shall collect in full from each student who is to
be counted for formula funding purposes the amounts set as tuition
by the respective governing boards. Valid contracts with the U.S.
government for instruction of eligible military personnel, approved
financial assistance, and valid contracts with private business and
public service organizations or institutions such as hospitals, may
be considered as collected tuition and fees; the amount of collected tuition and fees may be adjusted pursuant to terms of the contract once actual collections are made.
19 TAC 21.4(a)(1), (3)
INSTALLMENT PLAN
The governing board of each institution of higher education, including each college district, shall provide for the payment of tuition and
mandatory fees for a semester or term of ten weeks or longer
through one of the following alternatives:
1.
Full payment of tuition and mandatory fees not later than the
date established by the institution; or
2.
Payment in installments under one or more payment plan options that requires the first payment to be made not later than
the date established by the institution. In providing for the
payment of tuition and mandatory fees by installment, the institution of higher education must also establish subsequent
dates at periodic intervals within the applicable semester or
term by which subsequent installment payments are due.
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For a term of less than ten weeks, the governing board of each
institution of higher education shall provide for the payment of
tuition and mandatory fees by requiring full payment of tuition and
mandatory fees not later than the date established by the
institution, and the governing board may provide for the payment of
tuition and mandatory fees by requiring payment in installments
under one or more payment plan options that require the first
payment to be made not later than the date established by the
institution.
A date established by an institution of higher education for purposes of making a full payment of tuition and fees or the first installment payment may not be later than the date established by the
Coordinating Board for certifying student enrollment for the semester or term for purposes of formula funding.
Education Code 54.007(a)–(b–1)
UNPAID
BALANCES
An institution of higher education may collect on a due date subsequent to a due date for a full payment of tuition and fees or the first
installment payment:
1.
Unpaid tuition and mandatory fee balances resulting from an
adjustment to a student's enrollment status or an administrative action; or
2.
Unpaid residual balances of tuition and mandatory fees constituting less than five percent of the total amount of tuition
and mandatory fees charged to the student by the institution
for that semester or term.
Education Code 54.007(b–2)
INCIDENTAL FEE
The governing board of an institution of higher education may assess and collect incidental fees for students utilizing the installment
payment option and for students delinquent in payments. The fees
must reasonably reflect the cost to the institution of handling those
payments. Education Code 54.007(c)
FAILURE TO PAY
TUITION AND
FEES
A student who fails to make full payment of the required amount of
tuition and mandatory fees, including any incidental fees, by the
applicable due date may be prohibited from registering for classes
until full payment is made. A student who fails to make a full
payment prior to the end of the semester or term may be denied
credit for the work done that semester or term. The governing
board of an institution of higher education may not impose on a
student any sanction authorized by Education Code 54.007(d)
unless the governing board includes in any written or electronic
agreement authorized by the student the following statement
printed in boldfaced type or in capital letters:
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“A STUDENT WHO FAILS TO MAKE FULL PAYMENT OF TUITION AND MANDATORY FEES, INCLUDING ANY INCIDENTAL
FEES, BY THE DUE DATE MAY BE PROHIBITED FROM REGISTERING FOR CLASSES UNTIL FULL PAYMENT IS MADE. A
STUDENT WHO FAILS TO MAKE FULL PAYMENT PRIOR TO
THE END OF THE SEMESTER OR TERM MAY BE DENIED
CREDIT FOR THE WORK DONE THAT SEMESTER OR TERM.”
The governing board shall notify a student of any delinquent tuition
or fee payment as soon as practicable. The institution’s records
may be adjusted to reflect the student’s failure to have properly enrolled for that semester or term.
STUDENTS ON
FINANCIAL AID
A student may elect to pay the tuition and mandatory fees of the
institution of higher education by installment under this section regardless of whether the student intends to apply a financial aid
award administered by the institution toward the tuition and mandatory fees, except that a student whose financial aid award or
awards are available to cover the total amount of tuition and mandatory fees may not pay by installment under this section.
On receipt of notice of a student’s election to pay tuition and mandatory fees by installment, the governing board of the institution
shall apply any financial aid award administered for the student toward the amount of tuition and fees due for that semester or term
until the tuition and mandatory fees are paid in full and shall immediately release any remaining amount of the award to the student,
except that the institution is not required to apply the award or
awards toward the total amount of tuition and mandatory fees in
exigent circumstances as determined by the institution.
AGREEMENT
REQUIRED
PAYMENT OPTIONS
WHEN FINANCIAL AID
IS DELAYED
The governing board of an institution of higher education shall require a student who elects to pay tuition and mandatory fees by
installment under Education Code 54.007 to enter into a written or
electronic agreement reflecting the terms and conditions required
by this section for the installment plan provided for the student by
the governing board. Education Code 54.007(g)
If an institution's financial aid office has awarded aid to a student
but the institution, including a college district, has not received the
relevant disbursements by the date that tuition and fees must be
paid, the student's aid is delayed. If the student agrees to assign
to the institution a portion of the awards equal to the amount of tuition and fees to be met with financial aid payments, the governing
board may postpone the due date for the portion of the tuition
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and/or tuition and fee payment that will be met through financial aid
funds, and the hours to be paid for with the financial aid may be
counted for formula funding purposes.
If, after the student's due date is postponed, the student becomes
ineligible to receive one or more of the pending financial aid
awards or the award amount is less than the amount of tuition and
fees due, the governing board is to grant the student a repayment
period for the unpaid amount that does not exceed 30 days, allows
for multiple payments, if necessary, and entails a processing fee
not to exceed five percent of the total amount to be collected.
An institution may deny academic credits for hours completed in
the semester or term if the student fails to pay the full tuition and
fee amount by the end of the 30-day repayment period.
Education Code 54.0071(a); 19 TAC 21.4(b)
A student paying tuition and fees by installments shall be granted
the options of delayed payment if he or she is awaiting the disbursement of financial aid. 19 TAC 21.4(c)
REFUNDS AND
ADJUSTMENTS OF
TUITION AND FEES
A community/junior college, as soon as practicable, shall at a minimum refund mandatory fees and tuition in excess of the minimum
tuition collected for courses from which the students drop or withdraw, according to the following schedule. For courses that meet
on what the college considers a regular schedule, class days refer
to the number of calendar days the institution normally meets for
classes, not the days a particular course meets. For courses that
meet on an unusual or irregular schedule, the college may exercise
professional judgment in defining a class day. The indicated percentages are to be applied to the tuition and mandatory fees collected for each course from which the student is withdrawing. The
college may not delay a refund on the grounds that the student
may withdraw from the institution or unit later in the semester or
term. The institution may assess a nonrefundable $15 matriculation fee if the student withdraws from the institution before the first
day of classes.
Coordinating Board-approved semester-length courses for which
semester credit hours are awarded:
1.
A 100 percent refund is to be made for courses dropped prior
to the first class day.
2.
During the fall or spring semester or comparable trimester:
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a.
During the first 15 class days, 70 percent.
b.
During the 16th through 20th class days, 25 percent.
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c.
3.
After the 20th class day, none.
Six-week summer semester:
a.
During the first five class days, 70 percent.
b.
During the sixth and seventh class days, 25 percent.
c.
After the seventh class day, none.
For flex entry and nonsemester-length courses with a census date
other than the 12th class day (fourth class day for a six-week
summer semester):
1.
Prior to the first class day, 100 percent.
2.
After classes begin (see the table below).
Drops and Withdrawals
Length of Class
Term in Weeks
Last Day For 70
Percent Refund
Last Day For 25
Percent Refund
2 or less
2
N/A
3
3
4
4
4
5
5
5
6
6
5
7
7
7
9
8
8
10
9
9
11
10
9
12
11
10
14
12
12
15
13
13
16
14
13
17
15
14
19
16 or longer
15
20
A community/junior or technical college must follow the applicable
refund policy outlined above for courses associated with any
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program that is approved for Title IV federal funding. The
institution may determine a refund policy for any other program.
Prior to the census date, community and technical colleges may
allow hours to be dropped and re-added without penalty to the student if the exchange is an equal one. When the charges for
dropped hours are greater than for the hours added, the refund
policy outlined above is to be applied to the net charges being
dropped. If the charges for hours being added exceed the charges
for hours being dropped, the student must pay the net additional
charges.
Separate withdrawal refund schedules may be established for optional fees such as intercollegiate athletics, cultural entertainment,
parking, and yearbooks.
A community/junior or technical college shall refund tuition and
fees paid by a sponsor, donor, or scholarship to the source rather
than directly to the student who has withdrawn if the funds were
made available through the institution.
19 TAC 21.5(a)–(e)
WITHDRAWAL FOR
MILITARY SERVICE
NOTICE OF TUITION
SET ASIDE
If a student withdraws from an institution of higher education because the student is called to active military service, the institution,
at the student’s option, shall refund the tuition and fees paid by the
student for the semester in which the student withdraws. Education Code 54.006(f); 19 TAC 21.5(g) [See EGA for grading and
credit options]
An institution of higher education, including a college district, that is
required by Education Code Chapter 56, Subchapter B to set aside
a portion of a student's tuition payments to provide financial assistance for students enrolled in the institution shall provide to each
student of the institution who pays tuition from which a portion is
required to be set aside for that purpose a notice regarding the
specific amount that is required to be set aside by the institution.
The institution shall provide the notice to the student in a prominently printed statement that appears on or is included with:
1.
The student's tuition bill or billing statement, if the institution
provides the student with a printed bill or billing statement for
the payment of the student's tuition; or
2.
The student's tuition receipt, if the institution provides the student with a printed receipt evidencing the payment of the student's tuition.
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If for any semester or other academic term the institution does not
provide the student with a printed tuition bill, tuition billing statement, or tuition receipt, the institution shall include the notice for
that semester or other term in a statement prominently displayed in
an e-mail sent to the student. The notice may be included in any
other e-mail sent to the student in connection with the student's
tuition charges for that semester or other term.
The institution shall conform to the uniform standards prescribed by
the Commissioner.
REPORTING
REPORT OF
CERTAIN
EXEMPTIONS
Each institution, including each college district, shall report to the
Coordinating Board the types and amounts of tuition and fees
charged to students by semester during the previous academic
year. In reporting the types and amounts of tuition and fees
charged to students, all institutions shall classify the tuition and
fees according to the definitions of those terms provided in 19 Administrative Code 13.142. 19 TAC 13.143
Until September 2013, the governing board of each institution of
higher education shall electronically report to the Coordinating
Board the information required by Education Code 61.0516 relating
to each individual receiving an exemption from fees and charges
under Education Code 54.341(a), (a–2), or (b). The institution shall
report the information not later than December 31 of each year for
the fall semester, May 31 of each year for the spring semester, and
September 30 of each year for the summer session. Education
Code 54.341(h)
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TUITION AND FEE EXEMPTIONS AND WAIVERS
State statutes include several required or optional tuition and fee exemptions and waivers,
including:
Reserve Officers’ Training Corps (ROTC) Program: Fees
Reduction in Tuition to Increase Course Loads or Retention
and Graduation Rates
Dependent Children of Residents Who are Members of Armed
Forces Deployed on Combat Duty
Foreign Service Officers
Peace Officers Enrolled in Certain Courses
Faculty and Dependents
Teaching or Research Assistant
Scholarship Student
Students Enrolled in Course for Concurrent High School and
College-Level Credit; Optional Waiver
Students Enrolled in Fully Funded Courses; Optional Waiver
Distance Learning or Off-Campus Courses; Optional Waiver
Economic Development and Diversification
Tuition Rates for Olympic Athletes at Texas Southmost College
Students Enrolled in Non-Semester-Length Developmental
Education Interventions
Resident of Bordering State or Nation or Participant in Student
Exchange Program: Tuition
NATO Agreement
Military Personnel and Dependents
Designated Tuition; Hardship; Optional Waiver
Student Services Fees; Optional Waiver
Students 55 Years of Age or Older; Optional Waiver
Highest Ranking High School Graduates; Optional Exemption
Students from Other Nations of the American Hemisphere
Veterans and Other Military Personnel; Dependents
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Prisoners of War
Children of Prisoners of War or Persons Missing in Action
Participants in Military Funerals
Assistance for Tuition and Fees for Members of State Military
Forces
Children of Disabled Firefighters and Law Enforcement Officers
Disabled Peace Officers, Optional Exemption
Firefighters and Peace Officers Enrolled in Certain Courses
Firefighters Enrolled in Fire Science Courses
Education Benefits for Certain Survivors
Children of Professional Nursing Program Faculty
Preceptors for Professional Nursing Education Programs
One-Year Exemption for Certain TANF Students
Educational Aides
Blind, Deaf Students
Senior Citizens; Optional Benefit
Exemptions for Students Under Conservatorship of Department
of Family and Protective Services
Exemptions for Adopted Students Formerly in Foster or Other
Residential Care
Interinstitutional Academic Programs; Optional Exemption
Proration of Fees
Waiver of Fees
Tuition for Students Residing Outside of the College District
Courses for Joint High School and Junior College Credit
Agreement with Junior College District
Tuition Exemption
Tuition Exemption for College District Employees
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RESIDENCY
FDA
(LEGAL)
RESIDENCE
DETERMINATION
OFFICIAL
Each institution, including each college district, shall designate an
individual who is employed by the institution as a Residence Determination Official who shall be knowledgeable of the requirements set out in 19 Administrative Code Chapter 21, Subchapter B
and the applicable statutes. 19 TAC 21.29
DEFINITIONS
“Census date” means the date in an academic term on which an
institution of higher education, including a college district, is required to certify a student’s enrollment to the Coordinating Board
for purposes of determining formula funding for the institution. Education Code 54.0501(1); 19 TAC 21.22(1)
“CENSUS DATE”
“CLEAR AND
CONVINCING
EVIDENCE”
“Clear and convincing evidence” means that degree of proof that
will produce a firm conviction or a firm belief as to the facts sought
to be established. The evidence must justify the claim both clearly
and convincingly. 19 TAC 21.22(2)
“DEPENDENT”
“Dependent” means a person who:
1.
Is less than 18 years of age and has not been emancipated
by marriage or court order; or
2.
Is eligible to be claimed as a dependent of a parent of the
person for purposes of determining the parent’s income tax liability under the Internal Revenue Code of 1986.
Education Code 54.0501(2); 19 TAC 21.22(5)
“DOMICILE”
“Domicile” means a person’s principal, permanent residence to
which the person intends to return after any temporary absence.
Education Code 54.0501(3); 19 TAC 21.22(6)
“ESTABLISHED
DOMICILE IN
TEXAS”
“Established domicile in Texas” means physically residing in Texas
with the intent to maintain domicile in Texas for at least the 12 consecutive months immediately preceding the census date of the
term of enrollment, allowing for documented temporary absences.
19 TAC 21.22(10)
“MAINTAIN
DOMICILE”
“Maintain domicile” means to physically reside in Texas such that
the person intends to always return to the state after a temporary
absence. The maintenance of domicile is not interrupted by a temporary absence from the state, as provided in 19 Administrative
Code 21.22(30). 19 TAC 21.22(16)
“PARENT”
“Parent” means a natural or adoptive parent, managing or possessory conservator, or legal guardian of a person. The term would
not otherwise include a step-parent. Education Code 54.0501(5);
19 TAC 21.22(21)
“REGULAR
SEMESTER”
“Regular semester” means a fall or spring semester, typically consisting of 16 weeks. 19 TAC 21.22(25)
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“RESIDENCE”
“Residence” means a person’s home or other dwelling place. Education Code 54.0501(6); 19 TAC 21.22(26)
“TEMPORARY
ABSENCE”
“Temporary absence” means an absence from the state of Texas
by a person who has established domicile in the state, with the intention to return, generally for a period of less than five years.
For example, the temporary absence of a person or a dependent’s
parent from the state for the purpose of service in the U.S. Armed
Forces, U.S. Public Health Service, U.S. Department of Defense,
U.S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person’s ability
to continue to claim that Texas is his or her domicile.
19 TAC 21.22(31)
RESIDENTS
Subject to the other applicable provisions of Education Code Chapter 54, Subchapter B governing the determination of resident status, the following persons are considered residents of this state for
purposes of Education Code Title 3:
1.
A person who:
a.
Established a domicile in this state not later than one
year (12 months) before the census date of the academic term in which the person is enrolled in an institution,
including a college district; and
b.
Maintained that domicile continuously in the state for the
year (12 months) immediately preceding the census date
of the academic semester in which the person enrolls in
an institution.
Education Code 54.052(a); 19 TAC 21.24(a)(2)
If a person applies for resident status under this provision, the
person shall submit the following information to an institution
of higher education to establish resident status under Education Code Chapter 54, Subchapter B:
a.
A statement of the dates and length of time the person
has resided in this state, as relevant to establish resident
status; and
b.
A statement by the person that the person’s presence in
this state for that period was for a purpose of establishing and maintaining a domicile.
2.
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A dependent whose parent:
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a.
Established a domicile in this state not later than one
year (12 months) before the census date of the academic term in which the dependent is enrolled in an institution of higher education; and
b.
Maintained that domicile continuously for the year (12
months) immediately preceding the census date of the
academic semester in which the person enrolls in an institution.
Education Code 54.052(a)(2); 19 TAC 21.24(a)(3)
a.
A statement of the dates and length of time any parent of
the person has resided in this state, as relevant to establish resident status; and
b.
A statement by the parent or, if the parent is unable or
unwilling to provide the statement, a statement by the
person that the parent’s presence in this state for that
period was for a purpose of establishing and maintaining
a domicile.
3.
A person who:
a.
Graduated from a public or accredited private high
school in this state or, as an alternative to high school
graduation, received the equivalent of a high school diploma in this state, including the successful completion
of a nontraditional secondary education; and
b.
Maintained a residence continuously in this state for:
(1)
The three years (36 months) immediately preceding
the date of graduation or receipt of the diploma
equivalent, as applicable; and
(2)
The year (12 months) preceding the census date of
the academic term in which the person is enrolled
in an institution.
Education Code 54.052(a)(3); 19 TAC 21.24(a)(1)
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a.
A statement of the dates and length of time the person
has resided in this state, as relevant to establish resident
status; and
b.
If the person is not a citizen or permanent resident of the
United States, an affidavit stating that the person will apply to become a permanent resident of the United States
as soon as the person becomes eligible to apply. An affidavit signed by a person enrolled and classified during
any part of the 2011–12 academic year or later must be
retained in a paper or electronic format permanently by
the institution or until the student (current and former)
provides proof that the student has applied for permanent resident status.
Education Code 54.053(3); 19 TAC 21.25(a)(1)(B), (c), .30(a),
(c)
For purposes of this section, the domicile of a dependent’s parent
is presumed to be the domicile of the dependent unless the person
establishes eligibility for resident status under the third option. Education Code 54.052(b); 19 TAC 21.24(d)
NON-CITIZENS
Non-U.S. citizens are eligible to establish and maintain domicile in
this state for the numbered provisions above in accordance with 19
Administrative Code 21.24(c). 19 TAC 21.24(c)
A public or independent institution of higher education that enrolls
and classifies a person who is not a Citizen or Permanent Resident
of the United States as a resident under provision 3 during any part
of the 2011–12 academic year or later shall instruct such students
upon admission, annually while the students are enrolled, and upon graduation of their obligation to apply for Permanent Resident
status as soon as eligible to do so and refer students to the appropriate federal agency for instructions on how to achieve such status. 19 TAC 21.30(b)–(c)
PRESUMPTION OF
RESIDENT STATUS
EVIDENCE OF
RESIDENT STATUS
A member of the U.S. Armed Services whose home of record with
the military is Texas is presumed to be a Texas resident, as are his
or her spouse and dependent children. A member whose home of
record is not Texas but who provides the institution leave and earnings statements that show the member has claimed Texas as his or
her place of residence for the 12 consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her
spouse and dependent children. 19 TAC 21.24(h)
To initially establish resident status under 19 Administrative Code
21.24, a person who qualifies for residency shall provide the
institution with a completed set of Core Residency Questions. A
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person who qualifies for residency under 19 Administrative Code
21.24(a)(1) and who is not a Citizen of the United States or a
Permanent Resident of the United States shall, in addition to the
other requirements of this section, provide the institution, including
a college district, with a signed affidavit in the form provided in 19
Administrative Code 21.25 Chart I stating that the person will apply
to become a Permanent Resident of the U.S. as soon as the
person becomes eligible to apply.
An institution may request that a person provide documentation to
support or clarify the answers to the Core Residency Questions.
Appropriate documents are not limited to those listed in 19 Administrative Code 21.25 Chart II. In addition, the institution may request documents that support the information the student may provide in the Core Residency Questions, Section H.
An institution shall not impose any requirements in addition to the
requirements established in this section for a person to establish
resident status.
Education Code 54.075(b); 19 TAC 21.25
INTENT TO ESTABLISH
AND MAINTAIN
DOMICILE IN TEXAS
Although not conclusive or exhaustive, the following factors occurring throughout at least 12 consecutive months immediately preceding the census date of the semester in which a person seeks to
enroll may lend support to a claim regarding the person’s intent to
establish and maintain domicile in Texas:
1.
Sole or joint marital ownership of residential real property in
Texas by the person seeking to enroll or the dependent's parent, having established and maintained domicile at that residence;
2.
Ownership and customary management of a business, by the
person seeking to enroll or the dependent's parent, in Texas
that is regularly operated without the intention of liquidation
for the foreseeable future;
3.
Gainful employment in Texas by the person seeking to enroll
or the dependent's parent; and
4.
Marriage, by the person seeking to enroll or the dependent's
parent, to a person who has established and maintained domicile in Texas.
An individual whose initial purpose for moving to Texas is to attend
an institution of higher education as a full-time student will be presumed not to have the required intent to make Texas his or her
domicile; however, the presumption may be overruled by clear and
convincing evidence.
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An individual shall not ordinarily be able to establish domicile by
performing acts that are directly related to fulfilling educational objectives or that are required or routinely performed by temporary
residents of the state.
19 TAC 21.24(e)–(g)
BURDEN OF PROOF
CONTINUING
RESIDENT STATUS
The student has the burden of proof to show by clear and convincing evidence that residence or domicile, as appropriate, has been
established and maintained. 19 TAC 21.24(b)
A person classified by an institution of higher education, including a
college district, as a resident of this state under Education Code
Chapter 54, Subchapter B is entitled, without submitting the information required by Education Code 54.053, to be classified as a
resident by that institution in each subsequent academic term in
which the person enrolls.
A person classified by an institution of higher education as a resident is entitled, without submitting the information required by Education Code 54.053 to the subsequent institution, to be classified
as a resident by another institution of higher education in which the
person subsequently enrolls.
A person who was enrolled in an institution for any part of the previous state fiscal year and who was classified as a resident of this
state under Education Code Chapter 54, Subchapter B in the last
academic period of that year for which the person was enrolled is
considered to be a resident of this state for purposes of Subchapter
B, as of the beginning of the following fall semester. If an institution acquires documentation that a person is a continuing student
who was classified as a residence at the previous institution, no
additional documentation is required. The person is not required to
complete a new set of Core Questions.
A person who has established resident status under Subchapter B
is entitled to pay resident tuition in each subsequent academic semester in which the person enrolls at any institution.
19 TAC 21.26(a)–(b)
BREAK IN
ENROLLMENT
To be classified as a resident on that enrollment, a person who
enrolls in an institution of higher education after two or more
consecutive regular semesters during which the person is not
enrolled in an institution of higher education must submit the
information required by Education Code 54.053 and 19
Administrative Code 21.25 and satisfy all applicable requirements
to establish resident status for that enrollment. If the person is
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classified as a resident on that enrollment, Education Code
54.054(a) and (b) apply to the person in a subsequent academic
term. Education Code 54.054(c); 19 TAC 21.26(c)
ADDITIONAL OR
CHANGED
INFORMATION
If a person is initially classified as a nonresident based on information provided through the set of Core Residency Questions, the
person may request reclassification by providing the institution, including a college district, with supporting documentation as described in 19 Administrative Code 21.25 Chart II. A person shall
provide the institution with any additional or changed information
that may affect his or her resident or nonresident tuition classification.
An institution may reclassify a person who had previously been
classified as a resident or nonresident based on additional or
changed information provided by the person. Any change made
under this section shall apply to the first succeeding semester in
which the person is enrolled, if the change is made on or after the
census date of that semester. If the change is made prior to the
census date, it will apply to the current semester.
ERRORS IN
CLASSIFICATION
If an institution of higher education, including a college district, erroneously classifies a person as a resident of this state and the
person is not entitled or permitted to pay resident tuition under Education Code Chapter 54, Subchapter B, the institution of higher
education shall charge nonresident tuition to the person beginning
with the first academic term that begins after the date the institution
discovers the error. Education Code 54.056; 19 TAC 21.28 [See
FD(LEGAL)]
If an institution erroneously classified a person as a resident of this
state and the person is entitled or permitted to pay resident tuition,
that person is not liable for the difference between resident and
nonresident tuition under this section. 19 TAC 21.28(d)
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FINANCING EDUCATION
SELECTIVE SERVICE
STATUS
FEA
(LEGAL)
An individual may not receive a loan, grant, scholarship, or other
financial assistance funded by state revenue, including federal
funds or gifts and grants accepted by this state, or receive a student loan guaranteed by this state or the Texas Guaranteed Student Loan Corporation, unless the individual files a statement of
the individual’s selective service status with the institution or other
entity granting or guaranteeing the financial assistance as required
by this section.
This section does not apply to:
1.
A female individual if females are not subject to general selective service registration under federal law; or
2.
An individual older than the maximum age at which an individual is required to be registered with the selective service
system under federal law.
The statement of an individual’s selective service status required
by this section must require the individual to certify that the individual:
1.
Has registered with the selective service system as required
by federal law; or
2.
Is exempt from selective service registration under federal
law.
If an individual files a statement indicating that the individual is registered with the selective service system as required by federal law,
the individual is not required to file a statement of the individual's
selective service status the next time the individual makes an application to the same entity for financial assistance or a student
loan guarantee. If an individual files a statement indicating that the
individual is not required to register with the selective service system, the institution or other entity shall require the individual to file
a new statement of the individual's selective service status the next
time the individual makes an application to the entity for financial
assistance or a student loan guarantee.
Education Code 51.9095(a)–(d)
ELIGIBILITY FOR
SCHOLARSHIP
A person is not eligible to receive a scholarship originating from
and administered by an institution of higher education, including a
college district, or university system if the person is related to a
current member of the governing board of the institution or system,
unless:
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1.
The scholarship is granted by a private organization or third
party not affiliated with the institution of higher education or
university system;
2.
The scholarship is awarded exclusively on the basis of prior
academic merit;
3.
The scholarship is an athletic scholarship; or
4.
The relationship is not within the third degree by consanguinity or the second degree by affinity, as determined under Government Code Chapter 573, Subchapter B [see DBE].
Education Code 51.969(b)
STATEMENT
REQUIRED
Before receiving a scholarship originating from and administered
by an institution of higher education or university system, a person
must file a written statement with the institution or system indicating
whether the person is related within the third degree by consanguinity or the second degree by affinity to a current member of the
governing board of the institution or system.
A person commits a Class B misdemeanor if the person knowingly
files a false statement.
Education Code 51.969(c), (e)–(f)
EMPLOYEE TRAINED
IN CERTAIN STUDENT
FINANCIAL
ASSISTANCE
PROGRAMS
shall ensure that one or more persons employed by the institution
is trained:
1.
In understanding state and federal student financial assistance programs available to military veterans or their family
members, especially programs specifically applicable to military veterans or their family members; and
2.
In assisting military veterans and eligible family members in
understanding and obtaining the benefits available under
those programs.
The employee must be available to assist military veterans and eligible family members during regular business hours at the financial
aid or other office to which the person is assigned.
NET PRICE
CALCULATOR
that receives federal funds under 20 U.S.C. Chapter 28, Subchapter IV and 42 U.S.C. Chapter 34, Subchapter I, Part C shall make
publicly available on the institution's Web site a net price calculator
to help current and prospective students, families, and other consumers estimate a student's individual net price at such institution
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of higher education. Such calculator may be a net price calculator
developed by the U.S. Department of Education; or by the institution of higher education, if the institution's calculator includes, at a
minimum, the same data elements included in the calculator developed under 20 U.S.C. 1015a(h)(1).
Estimates of an individual net price determined using the net price
calculator shall be accompanied by a clear and conspicuous notice:
1.
Stating that the estimate does not represent a final determination or actual award of financial assistance; shall not be binding on the U.S. Secretary of Education, the institution of higher education, or the state; and may change;
2.
Stating that the student must complete the Free Application
for Federal Student Aid (FAFSA) in order to be eligible for, and
receive, an actual financial aid award that includes federal
grant, loan, or work-study assistance under 20 U.S.C. Chapter 28, Subchapter IV and 42 U.S.C. Chapter 34, Subchapter
I, Part C; and
3.
Including a link to the Web site of the U.S. Department of Education that allows students to access the FAFSA.
20 U.S.C. 1015a(h)(3)–(4)
DISCLOSURES
REGARDING LENDERS
An institution of higher education, including each college district,
that receives federal funding, or an institution-affiliated organization
of such covered institution, that participates in a preferred lender
arrangement shall disclose the information described in 20 U.S.C.
1019a.
An institution of higher education that receives federal funding, or
an institution-affiliated organization of such covered institution, that
provides information regarding a private education loan from a
lender to a prospective borrower shall provide the information described in 20 U.S.C. 1019a.
20 U.S.C. 1019(2), 1019a(a)
STUDENTS WITH
DISABILITIES
In providing financial assistance to qualified disabled persons, a
recipient of federal financial assistance may not:
1.
On the basis of disability, provide less assistance than is provided to nondisabled persons, limit eligibility for assistance, or
otherwise discriminate; or
2.
Assist any entity or person that provides assistance to any of
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the recipient’s students in a manner that discriminates against
qualified disabled persons on the basis of disability.
34 C.F.R. 104.46(a)(1)
A recipient may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that
require awards to be made on the basis of factors that discriminate
or have the effect of discriminating on the basis of disability only if
the overall effect of the award of scholarships, fellowships, and
other forms of financial assistance is not discriminatory on the basis of disability. 34 C.F.R. 104.46(a)(2)
DISCRIMINATION ON
THE BASIS OF SEX
Except as provided in 34 C.F.R. 106.37(b) and (c), in providing financial assistance to any of its students, a recipient shall not:
1.
On the basis of sex, provide different amounts or types of
such assistance, limit eligibility for such assistance that is of
any particular type or source, apply different criteria, or otherwise discriminate;
2.
Through solicitation, listing, approval, provision of facilities or
other services, assist any foundation, trust, agency, organization, or person that provides assistance to any of such recipient's students in a manner that discriminates on the basis of
sex; or
3.
Apply any rule or assist in application of any rule concerning
eligibility for such assistance that treats persons of one sex
differently from persons of the other sex with regard to marital
or parental status.
34 C.F.R. 106.37(a)
Note:
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For technical guidance regarding the provision of federal
financial aid, visit the U.S. Department of Education Information for Financial Aid Professionals Web Site,
available at http://www.ifap.ed.gov/ifap/index.jsp. State
financial aid and scholarship programs, tuition setasides, and other requirements are detailed in Education
Code Chapters 52 and 56 and 19 Administrative Code
Chapters 21 and 22.
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FINANCING EDUCATION
WORK STUDY
LIST OF WORK-STUDY
EMPLOYMENT
OPPORTUNITIES
FEB
(LEGAL)
shall:
1.
Establish and maintain an online list of work-study employment opportunities, sorted by department as appropriate,
available to students on the institution’s campus.
2.
Ensure that the list is easily accessible to the public through a
clearly identifiable link that appears in a prominent place on
the financial aid page of the institution’s Internet Web site.
DISCRIMINATION ON
THE BASIS OF SEX
A recipient of federal funding that assists any agency, organization,
or person in making employment available to any of its students
shall assure itself that such employment is made available without
discrimination on the basis of sex; and shall not render such services to any agency, organization, or person that discriminates on
the basis of sex in its employment practices.
A recipient that employs any of its students shall not do so in a
manner that violates 34 C.F.R. Part 106, Subpart E.
34 C.F.R. 106.38
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IMMUNIZATIONS
GENERALLY
FFAA
(LEGAL)
require applicants for admission to be immunized against diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis.
The Texas Department of State Health Services (TDSHS) may require immunizations against the diseases listed above. As described below, TDSHS requires immunizations against additional
diseases for students at any institution of higher education who are
pursuing a course of study in a human or animal health profession.
An institution of higher education shall comply with any modifications or deletions in this requirement that may be made by TDSHS.
Education Code 51.933; 25 TAC 97.64(a), (d)
EXCEPTIONS
No form of immunization is required for a person's admission to an
institution of higher education if the person applying for admission:
1.
Submits to the admitting official:
MEDICAL
REASONS
a.
An affidavit or a certificate signed by a physician (M.D.
or D.O.) duly registered and licensed to practice medicine in the United States who has examined the student,
in which it is stated that, in the physician’s opinion, the
immunization required is medically contraindicated or
poses a significant risk to the health and well-being of
the student or any member of the student’s household.
Unless it is written in the statement that a lifelong condition exists, the exemption statement is valid for only one
year from the date signed by the physician; or
REASONS OF
CONSCIENCE
b.
An affidavit signed by the student or, if a minor, the student’s parent or guardian stating that the student declines immunization for reasons of conscience, including
a religious belief. The affidavit will be valid for a twoyear period.
The affidavit must be on a form provided by TDSHS as
described by Health and Safety Code 161.0041 and
must be submitted to the admitting official not later than
the 90th day after the date the affidavit is notarized.
This exception does not apply in a time of emergency or
epidemic declared by the commissioner of state health
services; or
MILITARY DUTY
2.
Is a member of the armed forces of the United States and is
on active duty.
Education Code 51.933(d)–(e); Health and Safety Code 161.0041;
25 TAC 97.62
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IMMUNIZATIONS
FFAA
(LEGAL)
PROVISIONAL
ENROLLMENT
Notwithstanding the other requirements in 25 Administrative Code
97.64, a student may be provisionally enrolled in the health-related
courses if the student has received at least one dose of each specified vaccine prior to enrollment and goes on to complete each
vaccination series on schedule in accordance with the Centers for
Disease Control and Prevention's Recommended Adult Immunization Schedule as approved by the Advisory Committee on Immunization Practices (ACIP), American College of Obstetricians and
Gynecologists (ACOG), the American Academy of Family Physicians (AAFP), and the American College of Physicians. However,
the provisionally enrolled student may not participate in coursework
activities involving the contact described in 25 Administrative Code
97.64(a) and/or 25 Administrative Code 97.64(d) until the full vaccination series has been administered.
FAILURE TO
PROPERLY
DOCUMENT
IMMUNIZATION
Students who claim to have had the complete series of a required
vaccination, but have not properly documented them, cannot participate in coursework activities involving the contact described in
25 Administrative Code 97.64(a) and/or 25 Administrative Code
97.64(d) until such time as proper documentation has been submitted and accepted.
IMMUNITY
The immunization requirements in 25 Administrative Code 97.64(b)
and 25 Administrative Code 97.64(d) [see REQUIRED IMMUNIZATIONS OF CERTAIN STUDENTS, STUDENTS IN HEALTHRELATED COURSES and VETERINARY STUDENTS, below] are
not applicable to individuals who can properly demonstrate proof of
serological confirmation of immunity. Vaccines for which this may
be potentially demonstrated, and acceptable methods for demonstration, are found in 25 Administrative Code 97.65 (relating to Exceptions to Immunization Requirements (Verification of Immunity/History of Illness)). Such a student cannot participate in
coursework activities involving the contact described in 25 Administrative Code 97.64(a) until such time as proper documentation has
been submitted and accepted.
25 TAC 97.64(c)
TDSHS may by rule prohibit a student from attending school during
the provisional enrollment period. Att’y Gen. Op. GA-178 (2004)
ACCEPTABLE
DOCUMENTS OF
IMMUNIZATION
Vaccines administered after September 1, 1991, shall include the
month, day, and year each vaccine was administered.
Documentation of vaccines administered that include the signature
or stamp of the physician or his or her designee, or public health
personnel, is acceptable.
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IMMUNIZATIONS
FFAA
(LEGAL)
An official immunization record generated from a state or local
health authority is acceptable.
An official record received from school officials including a record
from another state is acceptable.
All schools are required to maintain immunization records sufficient
for a valid audit to be completed.
25 TAC 97.67–.68
ANNUAL REPORT
OF IMMUNIZATION
STATUS
REQUIRED
IMMUNIZATIONS OF
CERTAIN STUDENTS
STUDENTS IN
HEALTH-RELATED
COURSES
Schools shall submit annual reports of the immunization status of
students, in a format prescribed by TDSHS, to monitor compliance
with these requirements. 25 TAC 97.71
Students enrolled in health-related higher education courses that
will involve direct patient contact with potential exposure to blood or
bodily fluids in educational, medical, or dental care facilities must
have all the following vaccinations before they may engage in the
course activities described in 25 Administrative Code 97.64(a):
TETANUSDIPHTHERIA
1.
One dose of a tetanus-diphtheria toxoid (Td) is required within
the last ten years. The booster dose may be in the form of a
tetanus-diphtheria-pertussis containing vaccine (Tdap).
MEASLES,
MUMPS, AND
RUBELLA
VACCINES
2.
Students born on or after January 1, 1957, must show, prior to
patient contact, acceptable evidence of vaccination of two
doses of a measles-containing vaccine administered since
January 1, 1968, preferably MMR vaccine.
Students born on or after January 1, 1957, must show, prior to
patient contact, acceptable evidence of vaccination of one
dose of a mumps vaccine.
Students must show, prior to patient contact, acceptable evidence of one dose of rubella vaccine.
HEPATITIS B
VACCINE
3.
Students are required to receive a complete series of hepatitis
B vaccine prior to the start of direct patient care or show serologic confirmation of immunity to hepatitis B virus.
VARICELLA
VACCINE
4.
Each student is required to have received one dose of varicella (chickenpox) vaccine on or after the student's first birthday
or, if the first dose was administered on or after the student's
13th birthday, two doses of varicella (chickenpox) vaccine are
required. A written statement from a parent, legal guardian,
managing conservator, school nurse, or physician attesting to
a child’s positive history of varicella disease (chickenpox) or
varicella immunity is acceptable in lieu of a vaccine record for
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IMMUNIZATIONS
FFAA
(LEGAL)
that disease. [See the form on TDSHS’s Web site at
http://www.dshs.state.tx.us/immunize/docs/c-9.pdf]
Education Code 51.933; 25 TAC 97.64(a)–(b), .65(b)
VETERINARY
STUDENTS
RABIES
VACCINE
HEPATITIS B
VACCINE
Students enrolled in schools of veterinary medicine whose coursework involves direct contact with animals or animal remains shall
receive a complete primary series of rabies vaccine prior to such
contact. Serum antibody levels must be checked every two years,
with a booster dose of rabies vaccine administered if the titer is inadequate according to current Centers for Disease Control and
Prevention guidance.
A complete series of hepatitis B vaccine prior to such contact. This
requirement only applies to students enrolled in a course of study
that involves potential exposure to human or animal blood or bodily
fluids.
Education Code 51.933; 25 TAC 97.64(d)
ADDITIONAL
REQUIREMENTS
BACTERIAL
MENINGITIS
Under Health and Safety Code Chapter 81, Subchapter E, additional vaccinations may be required by TDSHS and/or the local
health authority in specific situations under the mechanism of a
control order containing control measures. 25 TAC 97.72
This section applies only to an entering student at an institution of
higher education or private or independent institution of higher education. "Entering student" includes:
1.
New student—a first-time student of an institution of higher
education or private or independent institution of higher education, including a student who transfers to the institution from
another institution of higher education. A student who was
previously exempt under 19 Administrative Code
21.614(a)(2)–(5) will be treated as a new student, should the
exception no longer apply.
2.
Returning student—a student who previously attended an
institution of higher education or private or independent institution of higher education before January 1, 2012, and who is
enrolling in the same or another institution of higher education
or private or independent institution of higher education following a break in enrollment of at least one fall or spring semester.
Education Code 51.9192(b); 19 TAC 21.612(1)
DEFINITIONS
“HEALTH
PRACTITIONER”
"Health practitioner" means any person authorized by law to administer an immunization. Education Code 51.9192(a)(1); 19 TAC
21.612(3)
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IMMUNIZATIONS
“ONLINE AND
OTHER
DISTANCE
EDUCATION
COURSE”
EVIDENCE OF
VACCINATION
FFAA
(LEGAL)
“Online and other distance education course” means a course in
which the instructor and students are not in the same location. An
online course typically involves Web-based instruction but might
also include correspondence instruction. An online or other distance education course that includes a face-to-face component,
including meeting in a testing laboratory with other students, or
meeting in a classroom to receive interactive video instruction,
does not qualify as an online or other distance education course.
19 TAC 21.612(6)
A student to whom this section applies or a parent or guardian of
the student must provide to the institution a certificate signed by a
health practitioner or an official immunization record evidencing
that the student has received a bacterial meningitis vaccination
dose or booster during the five-year period preceding and at least
ten days prior to the first day of the first semester in which the student initially enrolls at an institution, or following a break in enrollment of at least one fall or spring semester at the same or another
institution.
A student is not required to submit evidence of receiving the vaccination against bacterial meningitis or evidence of receiving a
booster dose if:
1.
The student is 30 years of age or older by the first day of the
start of the semester;
2.
The student is enrolled only in online or other distance education courses;
3.
The student is enrolled in a continuing education course or a
program that is less than 360 contact hours or continuing education corporate training;
4.
The student is enrolled in a dual credit course that is taught at
a public or private kindergarten–grade 12 facility not located
on a higher education institution campus; or
5.
The student is incarcerated in a Texas prison.
Education Code 51.9192(b)–(c); 19 TAC 21.613(a), .614(a)
EXCEPTION FOR
MEDICAL REASONS
OR REASONS OF
CONSCIENCE
A student to whom this section applies or a parent or guardian of
the student is not required to comply with immunization requirement if the student or a parent or guardian of the student submits
to the institution:
1.
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An affidavit or a certificate signed by a physician who is duly
registered and licensed to practice medicine in the United
States in which it is stated that, in the physician's opinion, the
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IMMUNIZATIONS
FFAA
(LEGAL)
vaccination required would be injurious to the health and wellbeing of the student; or
2.
An affidavit signed by the student stating that the student declines the vaccination for bacterial meningitis for reasons of
conscience, including a religious belief. The exemption does
not apply during a disaster or public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency declared by an appropriate
official or authority from the TDSHS and in effect for the location of the college district the student attends.
Education Code 51.9192(d); 19 TAC 21.614(b)–(c)
NOTIFICATION AT
REGISTRATION
Each institution of higher education shall provide, with the registration materials that the institution provides to a student to whom this
section applies before the student's initial enrollment in the institution, written or electronic notice of the right of the student or of a
parent or guardian of the student to claim an exemption from the
vaccination requirement in the manner prescribed above and of the
importance of consulting a physician about the need for immunization to prevent the disease. Education Code 51.9192(d–1); 19 TAC
21.613(d)
DESIGNATION OF
OFFICIAL
Each institution of higher education must designate a department
or unit to receive from the student evidence of receipt of an initial
bacterial meningitis vaccination dose or booster during the fiveyear period preceding and at least ten days prior to the first day of
the first semester in which the student initially enrolls at an institution, or following a break in enrollment of at least one fall or spring
semester at the same or another institution. 19 TAC 21.613(b)
PRESENTATION OF
EVIDENCE
Evidence of the student having received the vaccination from an
appropriate health practitioner must be received by the designated
department or unit.
Acceptable evidence of vaccination or receiving a booster dose
includes:
1.
The signature or stamp of a physician or the physician’s designee or public health personnel on a form that shows the
month, day, and year the vaccination dose or booster was
administered;
2.
An official immunization record generated from a state or local
health authority; or
3.
An official record received from school officials, including a
record from another state.
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IMMUNIZATIONS
FFAA
(LEGAL)
This information shall be maintained in accordance with Family
Educational Rights and Privacy Act Regulations, and with the
Health Insurance Portability and Accountability Act.
19 TAC 21.613(c)
EXTENSION
Under justifiable circumstances, an administrative official of the
designated department or unit of the institution may grant extensions to individual students to extend the compliance date to no
more than ten days after the first day of the semester or other term
in which the student initially enrolls. 19 TAC 21.613(e)
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AIDS / HIV
POLICY
FFAC
(LEGAL)
shall make available the institution’s policy on HIV infection and
AIDS to students by including the policy in the student handbook if
practicable or by any other method. Education Code 51.919(b)
EDUCATIONAL
PAMPHLET
Each institution of higher education shall make available to students, on request, the educational pamphlet on HIV infection developed by the Texas Department of State Health Services
(TDSHS) and shall include in the student handbook a statement
that the pamphlet is available. Education Code 51.919(c)
HEALTH CENTERS
The student health center of each institution of higher education
shall provide clear, accurate information on how to prevent the
transmission of HIV infection, including:
1.
The value of abstinence and long-term mutual monogamy.
2.
Information on the efficacy and use of condoms.
3.
Offering of or referring students, faculty, or staff to anonymous
HIV counseling and testing services.
4.
State laws relating to the transmission of and to conduct that
may result in transmission of HIV.
BACTERIAL
MENINGITIS
The Coordinating Board shall prescribe procedures by which each
institution of higher education, including each college district, shall
provide information relating to bacterial meningitis to new students
of the institution. The procedures must provide for the information
to be provided in a brochure or other manner so that the information is reasonably likely to come to the attention of each student. The Coordinating Board shall prescribe the form and content
of the information. The information must cover:
1.
The symptoms of the disease, how it may be diagnosed, and
its possible consequences if untreated;
2.
How the disease is transmitted, how it may be prevented, and
the relative risk of contracting the disease for students of institutions of higher education;
3.
The availability and effectiveness of vaccination against and
treatment for the disease, including how students of the institution may seek vaccination or treatment and whether a vaccination is available from the student health center, and a brief
description of the risks and possible side effects of vaccination; and
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4.
FFAC
(LEGAL)
Sources of additional information regarding the disease and
must include the telephone numbers of the student health
center, if there is a student health center, and the appropriate
office of the TDSHS.
An institution of higher education, with the written consent of the
Coordinating Board, may provide the information required by this
section to new students of the institution by a method different from
the method prescribed by the Coordinating Board if the Coordinating Board determines that method would be effective in bringing
the information to the attention of all new students of the institution.
Each institution of higher education shall make reasonable efforts
to obtain from each new student of the institution a confirmation
signed or acknowledged by the student that the student has received the information required to be provided to the student and
shall retain the confirmation for not less than two years after the
student first enrolls at the institution.
“New student” means a first-time student of an institution of higher
education and includes a student who transfers to the institution
from another institution.
Education Code 51.9191(a)(2), (b), (d)–(e)
REPORTS
The persons described in Health and Safety Code 81.042 shall report to the local health authority or the department a suspected
case of a reportable disease, as defined by state law and the
TDSHS, and all information known concerning the person who has
or is suspected of having the disease if a report is not made as required by Health and Safety Code 81.042(a)–(d):
1.
A professional registered nurse;
2.
An administrator or director of a public or private temporary or
permanent child-care facility;
3.
An administrator or health official of a public or private institution of higher education;
4.
A health professional; or
5.
A peace officer.
Health and Safety Code 81.041-.042; 25 TAC 97.2(d)
If there is no local health authority appointed for the jurisdiction
where the school is located, the report shall be made to the
TDSHS regional director. Public health emergencies shall be reported to TDSHS's central office if the local health authority or
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FFAC
(LEGAL)
TDSHS's regional director is not immediately accessible. 25 TAC
97.5(a)
Note:
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For a list of reportable diseases, visit TDSHS Infectious
Disease Control Unit Notifiable Conditions Web site,
available at
www.dshs.state.tx.us/idcu/investigation/conditions/.
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SUTDENT SUPPORT SERVICES
STUDENT ASSISTANCE PROGRAMS/COUNSELING
FFCA
(LEGAL)
STUDENTS WITH
DISABILITIES
A postsecondary education program or activity to which 34 C.F.R.
Part 104, Subpart E applies shall provide personal academic or
vocational counseling, guidance, or placement services to its students without discrimination on the basis of disability. The institution shall ensure that qualified students with disabilities are not
counseled toward more restrictive career objectives than are students without disabilities and with similar interests and ability. This
requirement does not preclude an institution from providing factual
information about licensing and certification requirements that may
present obstacles to persons with disabilities in their pursuit of particular careers. 34 C.F.R. 104.47(b)
DISCRIMINATION ON
THE BASIS OF SEX
A recipient of federal funding shall not discriminate against any
person on the basis of sex in the counseling or guidance of students or applicants for admission. 34 C.F.R. 106.36(a)
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STUDENT WELFARE
Note:
SECTION 504
FFD
(LEGAL)
This policy addresses complaints of discrimination, harassment, and retaliation involving students. For legally
referenced material relating to discrimination, harassment, and retaliation, see FA(LEGAL). For harassment
of employees, see DOA.
A recipient of federal financial assistance, including a college district, that employs 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and
that provide for the prompt and equitable resolution of complaints
alleging any action prohibited by 34 C.F.R. Title 34, Part 104 (Section 504 of the Rehabilitation Act of 1973 regulations). Such procedures need not be established with respect to complaints from
applicants for admission to postsecondary educational institutions.
A recipient that employs 15 or more persons shall designate at
least one person to coordinate its efforts to comply with Part 104.
34 C.F.R. 104.7
AMERICANS WITH
DISABILITIES ACT
A public entity, including a college district, that employs 50 or more
persons shall adopt and publish grievance procedures providing for
prompt and equitable resolution of complaints alleging any action
that would be prohibited by the Code of Federal Regulations, Title
28, Part 35 (Americans with Disabilities Act regulations).
A public entity that employs 50 or more persons shall designate at
least one employee to coordinate its efforts to comply with and carry out its responsibilities under Part 35, including any investigation
of any complaint communicated to it alleging its noncompliance
with this part or alleging any actions that would be prohibited by
this part. The public entity shall make available to all interested
individuals the name, office address, and telephone number of the
designated employee or employees.
28 C.F.R. 35.107
TITLE IX
A recipient of federal financial assistance, directly or indirectly, shall
adopt and publish grievance procedures providing for prompt and
equitable resolution of student complaints alleging any action prohibited by Title IX of the Education Amendments of 1972.
Each recipient shall designate at least one employee to coordinate
its efforts to comply with and carry out its responsibilities under this
part, including any investigation of any complaint communicated to
such recipient alleging its noncompliance with this part or alleging
any actions that would be prohibited by this part. The recipient
shall notify all its students and employees of the name, office
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STUDENT WELFARE
FFD
(LEGAL)
address, and telephone number of the appointed employee or
employees.
34 C.F.R. 106.8
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STUDENT HOUSING
TEMPORARY
HOUSING ASSISTANCE
FOR CERTAIN
STUDENTS
FG
(LEGAL)
To be eligible to receive housing assistance from an institution of
higher education, including a college district, a student must:
1.
Have been under the conservatorship of the Department of
Family and Protective Services or its predecessor in function
on the day preceding:
a.
The student's 18th birthday; or
b.
The date the student's disabilities of minority are removed by a court under Family Code Chapter 31.
2.
Be enrolled full-time at the institution during the academic
term immediately preceding the period for which the student
requests the housing assistance;
3.
Be registered or otherwise have taken the actions required by
the institution to permit the student to enroll full-time at the institution during the academic term immediately following the
period for which the student requests the housing assistance;
and
4.
Lack other reasonable temporary housing alternatives between the academic terms described above, as determined
by the institution.
On the student's request, each institution of higher education shall
assist an eligible student in locating temporary housing for any period beginning on the last day of an academic term and ending on
the first day of the immediately following academic term, according
to the institution’s academic calendar.
For each eligible student who also demonstrates financial need,
the institution may:
1.
Provide a stipend to cover any reasonable costs of the temporary housing that are not covered by other financial aid immediately available to the student for that purpose; or
2.
Provide temporary housing directly to the student for the applicable period.
The receipt of a stipend does not prohibit the student from receiving additional stipends in one or more subsequent periods, based
on the student's demonstrated financial need.
An institution of higher education may use any available revenue,
including legislative appropriations, and may solicit and accept
gifts, grants, and donations for the purposes of this section. The
institution shall use any gifts, grants, and donations received for the
purposes of this section before using other revenue.
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STUDENT HOUSING
FG
(LEGAL)
DISCRIMINATION ON
THE BASIS OF SEX
A recipient of federal financial assistance, including a college district, shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or benefits related to housing, except as provided by 34
C.F.R. 106.32 (including housing provided only to married students). 34 C.F.R. 106.32(a)
STUDENTS WITH
DISABILITIES
A recipient of federal financial assistance, including a college district, that provides housing to its students without disabilities shall
provide comparable, convenient, and accessible housing to its students with disabilities at the same cost as to other students. 34
C.F.R. 104.45(a)
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SOLICITATIONS
CHARITABLE RAFFLES
“RAFFLE”
“QUALIFIED
NONPROFIT
ORGANIZATION”
FI
(LEGAL)
A “raffle” is the awarding of one or more prizes by chance at a single occasion among a pool or group of persons who have paid or
were promised a thing of value for a ticket that represents a chance
to win a prize. Occupations Code 2002.002(6)
An organization incorporated or holding a certificate of authority
under the Texas Non-Profit Corporation Act (Article 1396-1.01 et
seq., Vernon's Texas Civil Statutes) is a “qualified nonprofit organization” for the purposes of Occupations Code 2002 if the organization:
1.
Does not distribute any of its income to its members, officers,
or governing body, other than as reasonable compensation
for services;
2.
Has existed for the three preceding years;
3.
Does not devote a substantial part of its activities to attempting to influence legislation and does not participate or intervene in any political campaign on behalf of any candidate for
public office in any manner, including by publishing or distributing statements or making campaign contributions;
4.
Qualifies for and has obtained an exemption from federal income tax from the Internal Revenue Service under Section
501(c), Internal Revenue Code of 1986; and
5.
Does not have or recognize any local chapter, affiliate, unit, or
subsidiary organization in this state.
Occupations Code 2002.003(a)
An organization that is formally recognized as and that operates as
a local chapter, affiliate, unit, or subsidiary organization of a parent
organization incorporated or holding a certificate of authority under
the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
Vernon's Texas Civil Statutes) is a “qualified nonprofit organization”
if both it and its parent organization meet the qualifications set out
above at numbers 1 through 3 and either the local or parent organization satisfies number 4. The local organization must have been
formally recognized as a local chapter, affiliate, unit, or subsidiary
organization of the parent organization for the previous three years.
Occupations Code 2002.003(b)
An organization that is formally recognized as and that operates as
a local chapter, affiliate, unit, or subordinate lodge of a grand lodge
or other institution or order incorporated under, Vernon's Texas Civil Statutes Title 32, as authorized by Vernon's Texas Civil Statutes
Article 1399 is a “qualified nonprofit organization” if it satisfies the
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SOLICITATIONS
FI
(LEGAL)
provisions of Occupations Code 2002.003(b–1). Occupations
Code 2002.003(b–1)
An unincorporated organization, association, or society is a “qualified nonprofit organization” if it meets the qualifications described
at numbers 1, 3, and 4 above and, for the three preceding years,
has been affiliated with a state or national organization organized
to perform the same purposes as the unincorporated organization,
association, or society. Occupations Code 2002.003(c)
A nonprofit wildlife conservation association and its local chapters,
affiliates, wildlife cooperatives, or units are “qualified nonprofit organizations” if the parent association meets the eligibility criteria
under Occupations Code 2002.003. Occupations Code
2002.003(e)
"QUALIFIED
ORGANIZATION"
"Qualified organization" means a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization. Occupations Code
2002.002(2)
GENERALLY
A qualified organization may conduct a raffle subject to the conditions imposed by Occupations Code Chapter 2002, Subchapter B.
Occupations Code 2002.051
STUDENT
ORGANIZATIONS
allow a qualified organization that is a student organization recognized by the institution to sell raffle tickets at any facility of the institution, subject to reasonable restrictions on the time, place, and
manner of the sale. Occupations Code 2002.057
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This introductory page outlines the contents of the student records
policy. See the following sections for statutory provisions on:
SECTION I
SECTION II
Education Records
1.
Definition of ‘education records’
2.
Privacy rules
pages 2 – 3
Access, Disclosure, and Amendment
pages 3 – 18
1.
Definitions
2.
Access to education records
3.
Request procedure
4.
Destruction of requested records
5.
De-identified records, authenticating requestors’ identities
6.
Transfer by third parties to other persons
7.
Record of access to student records
8.
Right to amend records
9.
Fees for copies
10. Annual notification of rights
SECTION III
Directory Information
pages 18 – 21
1.
Definition and disclosure of directory information
2.
Electronic student records system
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SECTION I: EDUCATION RECORDS
“EDUCATION
RECORDS” DEFINED
For the purposes of this policy, the term “education records” means
those records, files, documents, and other materials that contain
information directly related to a student and are maintained by an
education agency or institution, including a college district, or by a
person acting for such agency or institution.
The term “education records” does not include:
1.
Records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto that are
kept in the sole possession of the maker, are used only as a
personal memory aid, and are not accessible or revealed to
anyone other than a temporary substitute for the maker of the
record.
2.
Records of a law enforcement unit of an educational agency
or institution created by the law enforcement unit for a law enforcement purpose and maintained by the law enforcement
unit, but not:
a.
Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component
of the educational agency or institution other than the
law enforcement unit; or
b.
Records created and maintained by a law enforcement
unit exclusively for a non-law enforcement purpose, such
as a disciplinary action or proceeding conducted by the
educational agency or institution.
3.
Records relating to an individual who is employed by an educational agency or institution, that are made and maintained
in the normal course of business, relate exclusively to the individual in that individual's capacity as an employee, and are
not available for use for any other purpose.
4.
Records on a student who is 18 years of age or older, or who
is attending an institution of postsecondary education, that
are:
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a.
Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
b.
Made, maintained, or used only in connection with
treatment of the student; and
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c.
Disclosed only to individuals providing the treatment.
For the purpose of this definition, “treatment” does not
include remedial educational activities or activities that
are part of the program of instruction at the agency or institution.
5.
Records that are created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual’s
attendance as a student.
6.
Grades on peer-graded papers before they are collected and
recorded by a teacher.
20 U.S.C. 1232g(a)(4); 34 C.F.R. 99.3
PRIVACY RULE FOR
NON-EDUCATION
RECORDS
“COVERED
ENTITY”
A covered entity under the Health Insurance Portability and Accountability Act (HIPAA) must comply with the Privacy Rule, 45
C.F.R. Part 164, with respect to protected health information that is
not an education record.
“Covered entity” means:
1.
A health plan.
2.
A health-care clearinghouse.
3.
A health-care provider who transmits any health information in
electronic form in connection with a transaction covered by 45
C.F.R. Subtitle A, Subchapter C.
45 C.F.R. 160.103, 164.501 [See CKD]
SECTION II: ACCESS, DISCLOSURE, AND AMENDMENT
DEFINITIONS
“ALLEGED
PERPETRATOR OF A
CRIME OF
VIOLENCE”
“Alleged perpetrator of a crime of violence” is a student who is alleged to have committed acts that would, if proven, constitute any
of the following offenses or attempts to commit the following offenses that are defined in FJ(EXHIBIT):
1.
Arson;
2.
Assault offenses;
3.
Burglary;
4.
Criminal homicide—manslaughter by negligence;
5.
Criminal homicide—murder and nonnegligent manslaughter;
6.
Destruction/damage/vandalism of property;
7.
Kidnapping/abduction;
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8.
Robbery; or
9.
Forcible sex offenses.
34 C.F.R. 99.39
“ALLEGED
PERPETRATOR OF A
NONFORCIBLE SEX
OFFENSE”
“Alleged perpetrator of a nonforcible sex offense” means a student
who is alleged to have committed acts that, if proven, would constitute statutory rape or incest. These offenses are defined in
FJ(EXHIBIT). 34 C.F.R. 99.39
“ATTENDANCE”
“Attendance” includes, but is not limited to:
1.
Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and
telecommunications technologies for students who are not
physically present in the classroom; and
2.
The period during which a person is working under a workstudy program.
34 C.F.R. 99.3
“AUTHORIZED
REPRESENTATIVE”
“Authorized representative” means any entity or individual designated by a state or local educational authority or an agency headed by an official listed in 34 C.F.R. 99.31(a)(3) to conduct—with
respect to federal- or state-supported education programs—any
audit, evaluation, or any compliance or enforcement activity in
connection with federal legal requirements that relate to these programs. 34 C.F.R. 99.3
“DISCLOSURE”
“Disclosure” means to permit access to or the release, transfer, or
other communication of personally identifiable information contained in education records by any means, including oral, written,
or electronic means, to any party except the party identified as the
party that provided or created the record. 34 C.F.R. 99.3
“EDUCATION
PROGRAM”
“Education program” means any program that is principally engaged in the provision of education, including, but not limited to,
early childhood education, elementary and secondary education,
postsecondary education, special education, job training, career
and technical education, adult education, and any program that is
administered by an educational agency or institution. 34 C.F.R.
99.3
“ELIGIBLE
STUDENT”
“Eligible student” means a student who has reached 18 years of
age or is attending an institution of postsecondary education.
34 C.F.R. 99.3
“FINAL RESULTS”
“Final results” means a decision or determination, made by an
honor court or council, committee, commission, or other entity au-
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thorized to resolve disciplinary matters within the institution. The
disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the
institution against the student. 34 C.F.R. 99.39
“PARENT”
“Parent” includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. 34 C.F.R.
99.3
“PERSONALLY
IDENTIFIABLE
INFORMATION”
“Personally identifiable information” includes, but is not limited to:
1.
The student’s name;
2.
The name of the student’s parent or other family members;
3.
The address of the student or student’s family;
4.
A personal identifier, such as the student’s biometric record,
defined as a record of one or more measurable biological or
behavioral characteristics that can be used for automated
recognition of an individual (e.g., fingerprints, retina and iris
patterns, voiceprints, DNA sequence, facial characteristics,
and handwriting), social security number; or student number;
5.
Other indirect identifiers, such as the student’s date of birth,
place of birth, and mother’s maiden name;
6.
Other information that, alone or in combination, is linked or
linkable to a specific student that would allow a reasonable
person in the school community, who does not have personal
knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
7.
Information requested by a person who the educational agency or institution, including a college district, reasonably believes knows the identity of the student to whom the education
record relates.
34 C.F.R. 99.3
“RECORD”
“Record” means any information recorded in any way, including,
but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. 34 C.F.R. 99.3
“SANCTION
IMPOSED”
“Sanction imposed” means a description of the disciplinary action
taken by the institution, the date of its imposition, and its duration.
34 C.F.R. 99.39
“SIGNED AND
DATED WRITTEN
CONSENT”
“Signed and dated written consent” may include a record and signature in electronic form that:
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1.
Identifies and authenticates a particular person as the source
of the electronic consent; and
2.
Indicates such person’s approval of the information contained
in the electronic consent.
34 C.F.R. 99.30(d)
“VIOLATION
COMMITTED”
ACCESS BY STUDENT
AND PARENTS
“Violation committed” means the institution rules or code sections
that were violated and any essential findings supporting the institution’s conclusion that the violation was committed. 34 C.F.R. 99.39
Access to the education records of a student who is or has been in
attendance in an educational agency or institution, including a college district, shall be granted to the student and to the parent of a
student who is a dependent for tax purposes. 34 C.F.R. 99.10
When a student becomes an eligible student, the rights accorded
to, and consent required of, parents transfer from the parents to the
student.
Nothing in this section prevents an educational agency or institution from disclosing education records, or personally identifiable
information from education records, to a parent without prior written
consent of an eligible student if the disclosure meets the conditions
in 34 C.F.R. 99.31(a), including if the student is a dependent for tax
purposes or in the case of a health or safety emergency. [See
ACCESS BY OTHER PERSONS, below]
34 C.F.R. 99.5(a), .31(a)
EXCEPTIONS
COMPONENT OF
AN INSTITUTION
An individual who is or has been a student at an educational institution and who applies for admission at another component of that
institution does not have rights under this policy with respect to
records maintained by that other component, including records
maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the institution. 34 C.F.R. 99.5(c)
RECORDS OF
OTHER
STUDENTS
If the education records of a student contain information on more
than one student, the parent or eligible student may inspect and
review or be informed of only the specific information about that
student. 34 C.F.R. 99.12(a)
FINANCIAL
RECORDS AND
CONFIDENTIAL
LETTERS OF
RECOMMENDATION
A postsecondary institution does not have to permit a student to
inspect and review education records that are:
1.
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Financial records, including any information those records
contain, of his or her parents;
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2.
Confidential letters and confidential statements of recommendation placed in the education records of the student before
January 1, 1975, as long as the statements are used only for
the purposes for which they were specifically intended; and
3.
Confidential letters and confidential statements of recommendation placed in the student's education records after January
1, 1975, if:
a.
The student has waived his or her right to inspect and
review those letters and statements; and
b.
Those letters and statements are related to the student's
admission to an educational institution; application for
employment; or receipt of an honor or honorary recognition.
The waiver of the right to inspect and review confidential letters
and confidential statements of recommendation described above is
valid only if the educational agency or institution does not require
the waiver as a condition for admission to or receipt of a service or
benefit from the agency or institution; and the waiver is made in
writing and signed by the student, regardless of age. If a student
has waived his or her rights as described above, the educational
institution shall give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and use the letters and statements of recommendation only
for the purpose for which they were intended.
The waiver may be revoked with respect to any actions occurring
after the revocation. The revocation must be in writing.
20 U.S.C. 1232g(a)(1); 34 C.F.R. 99.12(b)–(c)
ACCESS BY OTHER
PERSONS
SCHOOL OFFICIALS
An educational agency or institution, including a college district,
may disclose personally identifiable information from an education
record of a student without the written consent required by 34
C.F.R. 99.30 if the disclosure meets one or more of the following
conditions:
1.
The disclosure is to other school officials, including faculty,
within the agency or institution whom the agency or institution
has determined to have legitimate educational interests.
A contractor, consultant, volunteer, or other party to whom an
agency or institution has outsourced institutional services or
functions may be considered a school official provided that
the outside party:
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a.
Performs an institutional service or function for which the
agency or institution would otherwise use employees;
b.
Is under the direct control of the agency or institution
with respect to the use and maintenance of education
records; and
c.
Is subject to the requirements of 34 C.F.R. 99.33(a) governing the use and redisclosure of personally identifiable
information from education records.
An educational agency or institution must use reasonable
methods to ensure that school officials obtain access to only
those education records in which they have legitimate educational interests. An educational agency or institution that does
not use physical or technological access controls must ensure
that its administrative policy for controlling access to education records is effective and that it remains in compliance with
the legitimate educational interest requirement.
34 C.F.R. 99.31, .36
OFFICIALS OF
OTHER SCHOOLS
2.
The disclosure is to officials of another school, school system,
or institution of postsecondary education in which the student
seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the
student’s enrollment or transfer. An educational agency or institution that discloses an education record under this provision shall:
a.
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Make a reasonable attempt to notify the eligible student
at the last known address of the eligible student, unless:
(1)
The disclosure is initiated by the eligible student; or
(2)
The annual notification of the agency or institution
under 34 C.F.R. 99.7 includes a notice that the
agency or institution forwards education records to
other agencies or institutions that have requested
the records and in which the student seeks or intends to enroll or is already enrolled so long as the
disclosure is for purposes related to the student's
enrollment or transfer;
b.
Give the eligible student, upon request, a copy of the
record that was disclosed; and
c.
Give the eligible student, upon request, an opportunity
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for a hearing under 34 C.F.R. Part 99, Subpart C to challenge the content of the record.
34 C.F.R. 99.31, .34
AUTHORIZED
GOVERNMENTAL
REPRESENTATIVES
3.
The disclosure is to authorized representatives of the officials
or agencies headed by the comptroller general of the United
States, the attorney general of the United States, the secretary of education, or state and local educational authorities
who require access to student or other records necessary in
connection with the audit and evaluation of federal- or statesupported education programs or in connection with the enforcement of or compliance with federal legal requirements
that relate to such programs.
FINANCIAL AID
4.
The disclosure is in connection with financial aid for which the
student has applied or which the student has received, if the
information is necessary for such purposes as to determine
eligibility for the aid; determine the amount of the aid; determine the conditions for the aid; or enforce the terms and conditions of the aid.
JUVENILE JUSTICE
OFFICIALS
5.
The disclosure is to state and local officials or authorities to
whom this information is specifically allowed to be reported or
disclosed pursuant to state statute adopted:
ORGANIZATIONS
CONDUCTING
STUDIES
6.
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a.
Before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and its
ability to effectively serve the student whose records are
released, or
b.
After November 19, 1974, if:
(1)
The allowed reporting or disclosure concerns the
juvenile justice system and its ability to effectively
serve, prior to adjudication, the student whose records are released; and
(2)
The officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will
not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the student.
The disclosure is to organizations conducting studies for or on
behalf of educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid
programs, and improve instruction. An educational agency or
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ly if the study is conducted in a manner that does not permit
personal identification of students and their parents by individuals other than representatives of the organization who
have legitimate interests in the information. The information
must be destroyed when no longer needed for the purposes
for which the study was conducted.
The educational agency or institution must enter into a written
agreement with the organization that:
a.
Specifies the purpose, scope, and duration of the study
or studies and the information to be disclosed;
b.
Requires the organization to use personally identifiable
information from education records only to meet the purpose or purposes of the study as stated in the written
agreement;
c.
Requires the organization to conduct the study in a
manner that does not permit personal identification of
parents and students, as defined in this part, by anyone
other than representatives of the organization with legitimate interests; and
d.
Requires the organization to destroy all personally identifiable information when the information is no longer
needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.
A college district that enters into an agreement with an
organization conducting a study may redisclose personally identifiable information from education records on
behalf of educational agencies and institutions that disclosed the information to the college district in accordance with the requirements of 34 C.F.R. 99.33(b).
The educational agency or institution is not required to initiate
a study or agree with or endorse the conclusions or results of
the study.
ACCREDITING
ORGANIZATIONS
7.
The disclosure is to accrediting organizations to carry out their
accrediting functions.
SUBPOENAED
RECORDS
8.
The disclosure is to comply with a judicial order or lawfully
issued subpoena. The educational agency or institution may
disclose information only if the agency or institution makes a
reasonable effort to notify the parent or eligible student of the
order or subpoena in advance of compliance, so that the par-
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ent or eligible student may seek protective action, unless the
disclosure is in compliance with:
COURTS
9.
a.
A federal grand jury subpoena and the court has ordered
that the existence or the contents of the subpoena or the
information furnished in response to the subpoena not
be disclosed;
b.
Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered
that the existence or the contents of the subpoena or the
information furnished in response to the subpoena not
be disclosed; or
c.
An ex parte court order obtained by the U.S. Attorney
General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions
of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act
of domestic or international terrorism as defined in 18
U.S.C. 2331.
If an educational agency or institution initiates legal action
against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant
for the educational agency or institution to proceed with the
legal action as plaintiff.
If a parent or eligible student initiates legal action against an
educational agency or institution, the educational agency or
institution may disclose to the court, without a court order or
subpoena, the student’s education records that are relevant
for the educational agency or institution to defend itself.
HEALTH AND
SAFETY
EMERGENCY
10. The disclosure is in connection with a health or safety emergency. An educational agency or institution may disclose personally identifiable information from an education record to
appropriate persons, including the parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the
student or other individuals.
In making a determination, an educational agency or institution may take into account the totality of the circumstances
pertaining to a threat to the health or safety of a student or
other individuals. If the educational agency or institution determines that there is an articulable and significant threat to
the health or safety of a student or other individuals, it may
disclose information from education records to any person
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whose knowledge of the information is necessary to protect
the health or safety of the student or other individuals. If,
based on the information available at the time of the determination, there is a rational basis for the determination, the U.S.
Department of Education will not substitute its judgment for
that of the educational agency or institution in evaluating the
circumstances and making its determination.
DIRECTORY
INFORMATION
11. The disclosure is information the educational agency or institution has designated as “directory information”, under the
conditions described below.
ALLEGED VICTIM
12. The disclosure, subject to the requirements in 34 C.F.R.
99.39, is to a victim of an alleged perpetrator of a crime of violence or a nonforcible sex offense. The disclosure may only
include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. The institution may
disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was
committed.
ASSOCIATED WITH
DISCIPLINARY
PROCEEDING
13. The disclosure, subject to the requirements in 34 C.F.R.
99.39, is in connection with a disciplinary proceeding at an institution of postsecondary education. The institution must not
disclose the final results of the disciplinary proceeding unless
it determines that:
a.
The student is an alleged perpetrator of a crime of violence or nonforcible sex offense; and
b.
With respect to the allegation made against him or her,
the student has committed a violation of the institution’s
rules or policies.
The institution may not disclose the name of any other student, including a victim or witness, without the prior written
consent of the other student.
This section applies only to disciplinary proceedings in which
the final results were reached on or after October 7, 1998.
VIOLATION OF
FEDERAL, STATE,
OR LOCAL LAW
14. The disclosure is to a parent of a student at an institution of
postsecondary education regarding the student’s violation of
any federal, state, or local law, or of any rule or policy of the
institution, governing the use or possession of alcohol or a
controlled substance if:
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a.
The institution determines that the student has committed a disciplinary violation with respect to that use or
possession; and
b.
The student is under the age of 21 at the time of the disclosure to the parent.
This section does not supersede any provision of state law
that prohibits an institution of postsecondary education from
disclosing information.
SEX OFFENDERS
15. The disclosure concerns sex offenders and other individuals
required to register under Section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994, 42 U.S.C.
14071, and the information was provided to the educational
agency or institution under 42 U.S.C. 14071 and applicable
federal guidelines.
20 U.S.C. 1232g(b)(1)–(2), (6), (i)–(j); 34 C.F.R. 99.31(a)(1)–(7),
(9)–(11), (13)-(16), .35–.39
REQUEST
PROCEDURE
The educational agency or institution, including a college district,
shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received
the request. The educational agency or institution shall respond to
reasonable requests for explanations and interpretations of the
records. 34 C.F.R. 99.10(b)–(c)
INSPECTION AND
REVIEW
If circumstances effectively prevent the parent or eligible student
from exercising the right to inspect and review the student's education records, the educational agency or institution, including a college district, shall provide the parent or eligible student with a copy
of the records requested; or make other arrangements for the parent or eligible student to inspect and review the requested records.
34 C.F.R. 99.10(d)
DESTRUCTION OF
RECORDS
The educational agency or institution, including a college district,
shall not destroy any education records if there is an outstanding
request to inspect and review the records under 34 C.F.R. 99.10.
34 C.F.R. 99.10(e)
DE-IDENTIFIED
RECORDS
An educational agency or institution, or a party that has received
education records or information from education records, may release the records or information without the consent after the removal of all personally identifiable information provided that the
educational agency or institution or other party has made a reasonable determination that a student’s identity is not personally
identifiable, whether through single or multiple releases, and taking
into account other reasonably available information.
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RESEARCH
AUTHENTICATING
REQUESTORS’
IDENTITIES
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An educational agency or institution, or a party that has received
education records or information from education records, may release de-identified student level data from education records for
the purpose of education research by attaching a code to each
record that may allow the recipient to match information received
from the same source, provided that:
1.
An educational agency or institution or other party that releases de-identified data under this section does not disclose
any information about how it generates and assigns a record
code, or that would allow a recipient to identify a student
based on a record code;
2.
The record code is used for no purpose other than identifying
a de-identified record for purposes of education research and
cannot be used to ascertain personally identifiable information
about a student; and
3.
The record code is not based on a student’s social security
number or other personal information.
must use reasonable methods to identify and authenticate the
identity of parents, students, school officials, and any other parties
to whom the agency or institution discloses personally identifiable
information from education records.
34 C.F.R. 99.31(b)–(c)
TRANSFER NOT
PERMITTED
may disclose personally identifiable information from an education
record only on the condition that the party to whom the information
is disclosed will not disclose the information to any other party
without the prior consent of the parent or eligible student. The officers, employees, and agents of a party that receives the information may use the information, but only for the purposes for
which the disclosure was made. 34 C.F.R. 99.33(a)
34 C.F.R. 99.33(a) does not apply to disclosures made to parents
of dependent students under 34 C.F.R. 99.31(a)(8), to disclosures
made pursuant to court orders, lawfully issued subpoenas, or litigation under 34 C.F.R. 99.31(a)(9), to disclosures of directory information under 34 C.F.R. 99.31(a)(11), to disclosures made to a parent or student under 34 C.F.R. 99.31(a)(12), to disclosures made in
connection with a disciplinary proceeding under 34 C.F.R.
99.31(a)(14), to disclosures made to parents under 34 C.F.R.
99.31(a)(15) regarding a violation of law or policy, or to disclosures
concerning sex offenders under 34 C.F.R. 99.31(16). It also does
not apply to information that postsecondary institutions are required
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to disclose under the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C.
1092(f), to the accuser and accused regarding the outcome of any
campus disciplinary proceeding brought alleging a sexual offense.
34 C.F.R. 99.31(a)(8)–(9), (11)–(12), (14)–(16), .33(c)
An educational agency or institution shall inform a party to whom a
disclosure is made of the requirements of 34 C.F.R. 99.33(a), unless the disclosure is made under Sections 99.31(a)(8), (9), (11),
(12), (14), (15), and (16), and to information that postsecondary
institutions are required to disclose under the Clery Act to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense. 34 C.F.R.
99.33(d)
This section does not prevent an educational agency or institution
from disclosing personally identifiable information with the understanding that the party receiving the information may make further
disclosures of the information on behalf of the educational agency
or institution if:
1.
The disclosures meet the requirements of 34 C.F.R. 99.31;
and
2.
The educational agency or institution has complied with the
requirements of 34 C.F.R. 99.32(b) regarding the record of
disclosure; or a state or local educational authority or federal
official or agency listed in 34 C.F.R. 99.31(a)(3) has complied
with the requirements of 34 C.F.R. 99.32(b)(2).
34 C.F.R. 99.33(b)
RECORD OF ACCESS
TO STUDENT RECORD
must maintain a record of each request for access to and each disclosure of personally identifiable information from the education
records of each student, as well as the names of state and local
educational authorities and federal officials and agencies listed in
34 C.F.R. 99.31(a)(3) that may make further disclosures of personally identifiable information from the student’s education records
without consent. The agency or institution shall maintain the record with the education records of the student as long as the records are maintained.
For each request or disclosure, the record must include the parties
who have requested or received personally identifiable information
from the education records and the legitimate interests the parties
had in requesting or obtaining the information. An educational
agency or institution must obtain a copy of the record of further disclosures maintained by the named authorities, officials, and agen-
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cies under 34 C.F.R. 99.32(b)(2) and make it available in response
to a parent’s or eligible student's request to review the record of
access described above.
An educational agency or institution must record the following information when it discloses personally identifiable information from
education records under the health or safety emergency exception
[see HEALTH AND SAFETY EMERGENCY, above]:
1.
The articulable and significant threat to the health or safety of
a student or other individuals that formed the basis for the
disclosure; and
2.
The parties to whom the agency or institution disclosed the
information.
If an educational agency or institution discloses personally identifiable information from education records with the understanding
authorized under 34 C.F.R. 99.33(b) [see TRANSFER NOT PERMITTED], the record of the disclosure required under this section
must include:
1.
The names of the additional parties to which the receiving
party may disclose the information on behalf of the educational agency or institution; and
2.
The legitimate interests under 34 C.F.R. 99.31, which each of
the additional parties has in requesting or obtaining the information.
The requirement to record a request does not apply if the request
was from, or the disclosure was to, the parent or eligible student; a
school official under 34 C.F.R. 99.31(a)(1); a party with written consent from the eligible student; a party seeking directory information;
or a party seeking or receiving records in accordance with a subpoena or ex parte order under 34 C.F.R. 99.31(a)(9)(ii)(A) through
(C).
The following parties may inspect the record relating to each student:
1.
The parent or eligible student.
2.
The school official or his or her assistants who are responsible for the custody of the records.
3.
Those parties authorized in 34 C.F.R. 99.31(a)(1) and (3) for
the purposes of auditing the recordkeeping procedures of the
educational agency or institution.
20 U.S.C. 1232g(b)(4)(A); 34 C.F.R. 99.32
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STUDENT RECORDS
RIGHT TO AMEND
RECORDS
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(LEGAL)
If an eligible student believes the education records relating to the
student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask the educational agency or institution, including a college district, to amend
the record. The educational agency or institution shall decide
whether to amend the record as requested within a reasonable
time after the agency or institution receives the request. If the educational agency or institution decides not to amend the record as
requested, it shall inform the eligible student of its decision and of
his or her right to a hearing to challenge the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student.
If, as a result of the hearing, the educational agency or institution
decides that the information is inaccurate, misleading, or otherwise
in violation of the privacy rights of the student, it shall amend the
records accordingly and inform the eligible student of the amendment in writing. If, as a result of the hearing, the educational agency or institution decides that the information in the education record
is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the eligible student of the
right to place a statement in the records commenting on the contested information or stating why he or she disagrees with the decision of the agency or institution, or both.
If an educational agency or institution places a statement in the
education records of a student, the agency or institution shall maintain the statement with the contested part of the record for as long
as the record is maintained and disclose the statement whenever it
discloses the portion of the record to which the statement relates.
20 U.S.C. 1232g(a)(2); 34 C.F.R. 99.20–.21
FEES FOR COPIES
Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, an educational agency or institution, including a college district, may charge a fee for a copy of an
education record that is made for the parent or eligible student. An
educational agency or institution may not charge a fee to search
for or to retrieve the education records of a student. 34 C.F.R.
99.11
ANNUAL
NOTIFICATION
OF RIGHTS
Each educational agency or institution, including each college district, shall annually notify eligible students currently in attendance
of their rights under the Family Educational Rights and Privacy Act
of 1974.
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The notice must inform each eligible student that the student has
the right to:
1.
Inspect and review the student’s education records;
2.
Seek amendment of the student’s education records that the
eligible student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
3.
Consent to disclosures of personally identifiable information
contained in the student’s education records, except to the extent that the Act and 34 C.F.R. 99.31 authorize disclosure
without consent; and
4.
File with the U.S. Department of Education a complaint under
34 C.F.R. 99.63 and 99.64 concerning alleged failures by the
educational agency or institution to comply with the requirements of the Act and 34 C.F.R. part 99.
The notice must include all of the following:
1.
The procedure for exercising the right to inspect and review
education records.
2.
The procedure for requesting amendment of records under 34
C.F.R. 99.20.
3.
If the educational agency or institution has a policy of disclosing education records under 34 C.F.R. 99.31(a)(1), a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.
An educational agency or institution may provide this notice by any
means that are reasonably likely to inform the eligible students of
their rights.
An educational agency or institution shall effectively notify eligible
students who are disabled.
20 U.S.C. 1232g(e); 34 C.F.R. 99.7
SECTION III: DIRECTORY INFORMATION
“DIRECTORY
INFORMATION”
DEFINED
“Directory information” means information contained in an education record of a student that would not generally be considered
harmful or an invasion of privacy if disclosed. It includes, but is not
limited to, the student’s name, address, telephone listing, electronic
mail address, photograph, date and place of birth, major field of
study, grade level, enrollment status (e.g., undergraduate or graduate; full-time or part-time), dates of attendance, participation in
officially recognized activities and sports, weight and height of
members of athletic teams, degrees, honors and awards received,
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and the most recent educational agency or institution attended.
Directory information” does not include a student’s:
1.
Social security number; or
2.
Student identification (ID) number, except:
a.
A student ID number, user ID, or other unique personal
identifier used by a student for purposes of accessing or
communicating in electronic systems, but only if the
identifier cannot be used to gain access to education
records except when used in conjunction with one or
more factors that authenticate the user’s identity, such
as a personal identification number (PIN), password, or
other factor known or possessed only by the authorized
user; or
b.
A student ID number or other unique personal identifier
that is displayed on a student ID badge, but only if the
identifier cannot be used to gain access to education
records except when used in conjunction with one or
more factors that authenticate the user's identity, such as
a PIN, password, or other factor known or possessed
only by the authorized user.
20 U.S.C. 1232g(a)(5)(A); 34 C.F.R. 99.3
DISCLOSURE OF
DIRECTORY
INFORMATION
may disclose directory information if it has given public notice to
eligible students in attendance at the agency or institution of:
1.
The types of personally identifiable information that the agency or institution has designated as directory information.
2.
An eligible student’s right to refuse to let the agency or institution designate any or all of that information about the student
as directory information.
3.
The period of time within which the eligible student has to notify the agency or institution in writing that he or she does not
want any or all of those types of information about the student
designated as directory information.
20 U.S.C. 1232g(a)(5)(B); 34 C.F.R. 99.37(a)
SPECIFIC PARTIES
In its public notice to eligible students in attendance at the agency
or institution, an educational agency or institution may specify that
disclosure of directory information will be limited to specific parties,
for specific purposes, or both. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information
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disclosures to those specified in its public notice. 34 C.F.R.
99.37(d)
IN CLASS
An eligible student may not use the right of refusal to opt out of directory information disclosures to prevent an educational agency or
institution from disclosing or requiring a student to disclose the student’s name, identifier, or institutional e-mail address in a class in
which the student is enrolled. 34 C.F.R. 99.37(c)
STUDENT ID CARD
OR BADGE
An eligible student may not use the right of refusal to opt out of directory information disclosures to prevent an educational agency or
institution from requiring a student to wear, to display publicly, or to
disclose a student ID card or badge that exhibits information that
may be designated as directory information under 34 C.F.R. 99.3
and that has been properly designated by the educational agency
or institution as directory information in the public notice described
above. 34 C.F.R. 99.37(c)
FORMER
STUDENTS
An educational agency or institution may disclose directory information about former students without complying with the notice
and opt out conditions above. However, the agency or institution
must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt-out request. 34 C.F.R.
99.37(b)
CONFIRMATION OF
IDENTITY OR
RECORDS
An educational agency or institution may not disclose or confirm
directory information without meeting the written consent requirements in 34 C.F.R. 99.30 if a student’s social security number or
other non-directory information is used alone or combined with
other data elements to identify or help identify the student or the
student’s records. 34 C.F.R. 99.37(e)
ELECTRONIC
STUDENT RECORDS
SYSTEM
Each school district, open-enrollment charter school, and institution
of higher education, including each college district, shall participate
in an electronic student records system that satisfies the standards
approved by the Commissioner of Education and the Commissioner of Higher Education.
The electronic student records system must permit an authorized
state or school district official or an authorized representative of an
institution of higher education to electronically transfer to and from
an educational institution in which the student is enrolled and retrieve student transcripts, including information concerning a student’s:
1.
Course or grade completion;
2.
Teachers of record;
3.
Assessment instrument results;
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4.
Receipt of special education services, including placement in
a special education program and the individualized education
program developed; and
5.
Personal graduation plan as described by Education Code
28.0212.
Any person involved in the transfer and retrieval of student information under this section is subject to any state or federal law governing the release of or providing access to any confidential information to the same extent as the educational institution from which
the data is collected. A person may not release or distribute the
data to any other person in a form that contains confidential information.
Education Code 7.010(b)–(c), (f)
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DEFINITIONS OF CRIMES OF VIOLENCE
“Crimes of violence,” as defined in Appendix A to Title 34, Part 99, of the Code of Federal
Regulations, include:
1.
Arson:
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a
dwelling house, public building, motor vehicle or aircraft, personal property of another,
and the like.
2.
Assault Offenses:
An unlawful attack by one person upon another. Note: By definition there can be no
“attempted” assaults, only “completed” assaults.
3.
a.
Aggravated assault. An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is
accompanied by the use of a weapon or by means likely to produce death or great
bodily harm. (It is not necessary that injury result from an aggravated assault
when a gun, knife, or other weapon is used that could and probably would result in
serious injury if the crime were successfully completed.)
b.
Simple assault. An unlawful physical attack by one person upon another where
neither the offender displays a weapon, nor the victim suffers obvious severe or
aggravated bodily injury involving apparent broken bones, loss of teeth, possible
internal injury, severe laceration, or loss of consciousness.
c.
Intimidation. To unlawfully place another person in reasonable fear of bodily harm
through the use of threatening words or other conduct, or both, but without displaying a weapon or subjecting the victim to an actual physical attack.
Note: This offense includes stalking.
Burglary:
The unlawful entry into a building or other structure with the intent to commit a felony or
a theft.
4.
Criminal Homicide—Manslaughter by Negligence:
The killing of another person through gross negligence.
5.
Criminal Homicide—Murder and Nonnegligent Manslaughter:
The willful (nonnegligent) killing of one human being by another.
6.
Destruction/Damage/Vandalism of Property:
To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal
property without the consent of the owner or the person having custody or control of it.
7.
Kidnapping/Abduction:
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The unlawful seizure, transportation, or detention of a person, or any combination of
these actions, against his or her will, or of a minor without the consent of his or her custodial parent(s) or legal guardian. Note: Kidnapping/abduction includes hostage taking.
8.
Robbery:
The taking of, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of a person or persons by force or threat of
force or violence or by putting the victim in fear. Note: Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force.
9.
Sex Offenses, Forcible:
Any sexual act directed against another person, forcibly or against that person’s will, or
both; or not forcibly or against the person’s will where the victim is incapable of giving
consent.
a.
Forcible rape (except “statutory rape”). The carnal knowledge of a person, forcibly
or against that person’s will, or both; or not forcibly or against the person’s will
where the victim is incapable of giving consent because of his or her temporary or
permanent mental or physical incapacity (or because of his or her youth).
b.
Forcible sodomy. Oral or anal sexual intercourse with another person, forcibly or
against that person’s will, or both; or not forcibly or against the person’s will where
the victim is incapable of giving consent because of his or her youth or because of
his or her temporary or permanent mental or physical incapacity.
c.
Sexual assault with an object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person,
forcibly or against that person’s will, or both; or not forcibly or against the person’s
will where the victim is incapable of giving consent because of his or her youth or
because of his or her temporary or permanent mental or physical incapacity.
Note: An “object” or “instrument” is anything used by the offender other than the
offender’s genitalia. Examples are a finger, bottle, handgun, stick, and the like.
d.
Forcible fondling. The touching of the private body parts of another person for the
purpose of sexual gratification, forcibly or against that person’s will, or both; or not
forcibly or against the person’s will where the victim is incapable of giving consent
because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. Note: Forcible fondling includes “indecent liberties” and
“child molesting.”
10. Nonforcible Sex Offenses (Except “Prostitution Offenses”):
Unlawful, nonforcible sexual intercourse.
a.
Incest. Nonforcible sexual intercourse between persons who are related to each
other within the degrees wherein marriage is prohibited by law.
b.
Statutory rape. Nonforcible sexual intercourse with a person who is under the
statutory age of consent.
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STUDENT ACTIVITIES
DISCRIMINATION ON
THE BASIS OF
DISABILITY
FK
(LEGAL)
In providing physical education courses and athletics and similar
aid, benefits, or services to any of its students, a recipient to which
34 C.F.R. Part 104, Subpart E applies, including a college district,
may not discriminate on the basis of disability. A recipient that offers physical education courses or operates or sponsors intercollegiate, club, or intramural athletics shall provide to qualified students
with disabilities an equal opportunity for participation in these activities.
A recipient may offer to students with disabilities physical education
and athletic activities that are separate or different only if separation or differentiation is consistent with the requirements of offering
the most integrated setting appropriate and only if no qualified student with disabilities is denied the opportunity to compete for teams
or to participate in courses that are not separate or different.
34 C.F.R. 104.43(d), .47(a)
DISCRIMINATION ON
THE BASIS OF SEX
No person shall, on the basis of sex, be excluded from participation
in, be denied the benefits of, be treated differently from another
person, or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient
of federal funding, and no recipient shall provide any such athletics
separately on such basis.
Notwithstanding the requirements above, a recipient may operate
or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity
involved is a contact sport. However, where a recipient operates or
sponsors a team in a particular sport for members of one sex but
operates or sponsors no such team for members of the other sex,
and athletic opportunities for members of that sex have previously
been limited, members of the excluded sex must be allowed to tryout for the team offered unless the sport involved is a contact sport.
For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the
purpose or major activity of which involves bodily contact.
A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal
opportunities are available, the U.S. Department of Education Office of Civil Rights (OCR) will consider, among other factors:
1.
Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members
of both sexes;
2.
The provision of equipment and supplies;
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3.
Scheduling of games and practice time;
4.
Travel and per diem allowance;
5.
Opportunity to receive coaching and academic tutoring;
6.
Assignment and compensation of coaches and tutors;
7.
Provision of locker rooms, practice, and competitive facilities;
8.
Provision of medical and training facilities and services;
9.
Provision of housing and dining facilities and services; and
10. Publicity.
Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance
with this section, but OCR may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex.
34 C.F.R. 106.41
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COLLEGE-SPONSORED PUBLICATIONS
FKA
(LEGAL)
Special circumstances must be present to give an institution of
higher education, including a college district, the right to control
student publications. An institution of higher education may censor
student expression only if it acts consistent with First Amendment
constitutional guarantees [see FLA]. An institution may not infringe
on free speech when it is not shown to be necessarily related to
the maintenance of order and discipline within the educational process. Schiff v. Williams, 519 F.2d 257 (5th Cir. 1975)
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STUDENT ACTIVITIES
RISK MANAGEMENT
PROGRAMS FOR
STUDENT
ORGANIZATIONS
FKC
(LEGAL)
This section applies only to a student organization that is registered at a postsecondary educational institution, including a college
district, and that is composed mostly of students enrolled at the
institution. Notwithstanding Education Code 1.001(a), this section
applies to each postsecondary educational institution at which one
or more student organizations is registered.
At least once during each academic year, a postsecondary educational institution shall provide a risk management program for
members of student organizations registered at the institution. Any
member of a student organization who is not otherwise required to
attend may attend the program.
Unless a postsecondary educational institution requires each student organization registered at the institution to have representatives attend a program under this section, the institution shall adopt
a policy that specifies one or more student organizations or types
of student organizations that are required to have representatives
attend. The selection of student organizations or types of student
organizations must be based on the institution’s determination that
those organizations could particularly benefit from risk management guidance.
Education Code 51.9361(b)–(d)
MANDATORY
ATTENDANCE
Each advisor who has not previously attended a program under
this section and each person serving in a designated officer position of a student organization that is required to have representatives attend a program shall attend the program. An institution may
allow an advisor, other than a faculty or staff member of the institution, to satisfy the attendance requirements prescribed by this subsection through completion of an appropriate computer-based risk
assessment program. “Advisor” means a person who serves in an
advisory capacity to a student organization to provide guidance to
the organization and its members; is older than 21 years of age;
and is not a student of the postsecondary educational institution at
which the student organization is registered.
The institution may designate not more than four officer positions of
a student organization, such as the president, membership chair,
risk management chair, social chair, or pledge class or new member chair, to attend the program. If a student organization does not
have an officer position described above or if such an officer position is vacant, the institution shall, to the extent practicable, identify
and designate an equivalent officer position, and the person serving in that officer position shall attend the program.
Education Code 51.9361(a)(1), (d)–(e)
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REPORT AT
MEETING
Each advisor or officer required to attend a program shall report on
the program's contents at a meeting of the full membership of the
student organization the advisor or officer represented at the program. Education Code 51.9361(f)
PROGRAM
CONTENT
A program under this section may address any issue determined
appropriate by the postsecondary educational institution and must
address:
1.
Possession and use of alcoholic beverages and illegal drugs,
including penalties that may be imposed for possession or
use;
2.
Hazing;
3.
Sexual abuse and harassment;
4.
Fire and other safety issues, including the possession and
use of a firearm or other weapon or of an explosive device;
5.
Travel to a destination outside the area in which the institution
is located;
6.
Behavior at parties and other events held by a student organization; and
7.
Adoption by a student organization of a risk management policy.
Education Code 51.9361(g)
NOTICE AND
ATTENDANCE
The postsecondary educational institution shall provide notice of a
program under this section to student organizations in the manner
determined by the institution. The postsecondary educational institution shall take attendance at the program in the manner determined appropriate by the institution and may, as provided by a policy adopted by an institution, impose reasonable sanctions on a
person who is required to attend the program and fails to attend.
The institution shall, until at least the third anniversary of the date
of the program, maintain in an appropriate location at the institution
a record of that attendance and of the provided notice.
Education Code 51.9361(h)–(i)
RECOGNITION
Recognition of student groups shall not be denied on the basis of
the views expressed by the group. Recognition of student groups
may be denied if they violate reasonable campus rules, interrupt
classes, substantially interfere with the opportunity of other students to obtain an education, or if it is reasonable to believe that
the group poses a substantial threat of material disruption to the
campus. Recognition may be withdrawn if the organization refuses
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to comply with any valid campus rules. Healy v. James, 408 U.S.
169 (1972)
DISCRIMINATION ON
THE BASIS OF
DISABILITY
A recipient, including a college district, of federal funding that provides significant assistance to fraternities, sororities, or similar organizations shall assure itself that the membership practices of
such organizations do not permit discrimination otherwise prohibited by 34 C.F.R. Part 104, Subpart E. 34 C.F.R. 104.47(c)
SALES
A taxable item sold by a qualified student organization and for
which the sales price is $5,000 or less, is exempted from the taxes
imposed by Tax Code Chapter 151, Subchapter C, except that a
taxable item manufactured by or donated to the organization is exempt from the taxes imposed by Tax Code Chapter 151, Subchapter C regardless of sales price unless sold to the donor, if the student organization:
SALES TAX
EXEMPTION
1.
Sells the items at a sale that may last for one day only and
the primary purpose of which is to raise funds for the organization; and
2.
Holds not more than one sale described above each month
for which the exemption is claimed for an item sold.
In each calendar year, the first $5,000 of a qualified student organization’s total receipts from sales of taxable items not otherwise
exempt is exempt from the taxes imposed by Tax Code Chapter
151, Subchapter C.
Tax Code 151.321(a)–(b)
TO QUALIFY
A student organization qualifies for the exemptions if the student
organization:
1.
Is affiliated with an institution of higher education or a private
or independent college or university that is located in this
state and that is accredited by a recognized accrediting agency;
2.
Has as its primary purpose a purpose other than engaging in
business or performing an activity designed to make a profit;
and
3.
Files a certification with the comptroller as described below.
Tax Code 151.321(c)
USE TAX
EXEMPTION
The storage, use, or consumption of a taxable item acquired taxfree under this section is exempted from the use tax imposed by
Tax Code Chapter 151, Subchapter D until the item is resold or
subsequently transferred. Tax Code 151.321(e)
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CERTIFICATION
RAFFLES
FKC
(LEGAL)
A student organization must file with the comptroller a certification
issued by the institution showing that the organization is affiliated
with the institution. Tax Code 151.321(d)
An institution of higher education shall allow a qualified organization that is a student organization recognized by the institution to
sell raffle tickets at any facility of the institution, subject to reasonable restrictions on the time, place, and manner of the sale. Occupations Code 2002.057 [See FI]
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SEX OFFENDER
REGISTRATION
FL
(LEGAL)
Not later than the seventh day after the date on which the person
begins to attend school, a person required to register under Code
of Criminal Procedure 62.152 or any other provision of Code of
Criminal Procedure Chapter 62, who is a student at a public institution of higher education, including a college district, shall report
that fact to:
1.
The authority for campus security for the institution; or
2.
If an authority for campus security for the institution does not
exist and the person is otherwise required by Chapter 62,
Code of Criminal Procedure, to register at the authority the local law enforcement authority of:
a.
The municipality in which the institution is located; or
b.
The county in which the institution is located, if the institution is not located in a municipality.
The person described above shall provide the authority for campus
security or the local law enforcement authority all information the
person is required to provide under Code of Criminal Procedure
62.051(c). The person shall notify the authority for campus security or the local law enforcement authority not later than the seventh
day after the date of termination of the person’s status as a student
at the institution.
The authority for campus security or the local law enforcement authority shall promptly forward to the administrative office of the institution any information received from the person and any information received from the Texas Department of Public Safety under
Code of Criminal Procedure 62.005.
This section does not impose the requirements of public notification
or notification to public or private primary or secondary schools on
an authority for campus security; or a local law enforcement authority, if those requirements relate to a person about whom the
authority is not otherwise required by Code of Criminal Procedure
Chapter 62 to make notifications.
[See also GAA]
Code of Criminal Procedure 62.153
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STUDENT EXPRESSION
FLA
(LEGAL)
FIRST AMENDMENT
A governmental entity, including a college district, shall take no action respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the Board for a redress of grievances. U.S. Const. Amend. I,
XIV
FORUM ANALYSIS
A “traditional public forum” includes locations, such as sidewalks
and parks, where members of the public have historically been
permitted to gather and speak on any topic. Cornelius v. NAACP
Legal Def. & Educ. Fund, Inc., 473 U.S. 788 (1985). An institution’s property is not a traditional public forum, with the exception of
sidewalks, streets, and parks that are indistinguishable from surrounding city property. Widmar v. Vincent, 454 U.S. 263 (1981);
Brister v. Faulkner, 214 F.3d 675 (2000)
“TRADITIONAL
PUBLIC FORUM”
If an institution’s property is deemed a traditional public forum, the
entity may exclude particular content if that entity can assert a
compelling governmental interest that is narrowly tailored to address that interest, a standard referred to as the “strict scrutiny”
standard. The institution can also enforce viewpoint-neutral time,
place, and manner restrictions to meet a compelling governmental
interest if a sufficient number of alternative communication channels are available. Perry Educ. Ass'n v. Perry Local Educators'
Ass'n, 460 U.S. 37 (1983)
“DESIGNATED
PUBLIC FORUM”
A “designated public forum” is a forum that a college or university
intentionally opens to the general public to discuss matters of public concern. Cornelius v. NAACP Legal Def. and Educ. Fund, Inc.,
473 U.S. 788 (1985). Once designated, an institution may enforce
reasonable time, place, and manner restrictions. Widmar v. Vincent, 454 U.S. 263 (1981). Any content limitations are subject to
the strict scrutiny standard described above. Chiu v. Plano Indep.
School Dist., 260 F.3d 330 (5th Cir. 2001)
“LIMITED PUBLIC
FORUM”
A “limited public forum” is a forum that an institution opens to a particular group of speakers or for discussion regarding a particular
topic. Christian Legal Society v. Martinez 130 S.Ct. 2971 (2010);
Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819
(1995). Within a limited public forum, limits on expression must be
viewpoint-neutral and reasonable in light of the purpose of the forum. The government may impose reasonable time, place, and
manner restrictions, as long as these restrictions do not relate to
the content of the expression. Cornelius v. NAACP Legal Def. and
Educ. Fund, Inc., 473 U.S. 788 (1985)
To distinguish between a designated public forum and a limited
public forum, courts consider two factors: (1) the intent of the institution regarding the forum, and (2) the forum’s nature and compati-
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STUDENT EXPRESSION
FLA
(LEGAL)
bility with particular speech. Justice for All v. Faulkner, 410 F.3d
760 (5th Cir. 2005); Chiu v. Plano Indep. School Dist., 260 F.3d 330
(5th Cir. 2001)
“NONPUBLIC
FORUM”
PROTECTED SPEECH
If an institution has not opened a public forum, it remains a “nonpublic forum”. Although limits on expression must be reasonable
and viewpoint neutral even within a nonpublic forum, an institution
will have greater discretion to control the content of speech within
such a forum. Cornelius v. NAACP Legal Def. and Educ. Fund,
Inc., 473 U.S. 788 (1985)
The mere dissemination of ideas on the campus of an institution of
higher education may not be restricted on the basis of conventions
of decency, regardless of how offensive those ideas are to good
taste. However, an institution has the authority to enforce reasonable regulations as to the time, place, and manner of speech and
its dissemination. Papish v. Bd. of Curators, 410 U.S. 667 (1973);
Healy v. James, 408 U.S. 169 (1972)
[See also CHE for use of the college district’s mail system]
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STUDENT CONDUCT
“DISRUPTIVE
ACTIVITIES”
FLB
(LEGAL)
A person commits an offense if the person, alone or in concert with
others, intentionally engages in disruptive activity on the campus or
property of an institution of higher education.
“Disruptive activities” are:
1.
Obstructing or restraining the passage of persons in an exit,
entrance, or hallway of a building without the authorization of
the administration of the school;
2.
Seizing control of a building or portion of a building to interfere
with an administrative, educational, research, or other authorized activity;
3.
Preventing or attempting to prevent by force or violence or the
threat of force or violence a lawful assembly authorized by the
school administration so that a person attempting to participate in the assembly is unable to participate due to the use of
force or violence or due to a reasonable fear that force or violence is likely to occur;
4.
Disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
5.
Obstructing or restraining the passage of a person at an exit
or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force
or violence the ingress or egress of a person to or from the
property or campus without the authorization of the administration of the school.
This section may not be construed to infringe on any right of free
speech or expression guaranteed by the Constitution of the United
States or of this state. [See FLA]
Education Code 37.123(b); 51.935(a)–(b), (e)
Note:
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FLB(LEGAL)-PJC
For further information regarding conduct on college
district property, see GFA.
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STUDENT CONDUCT
STUDENT DRESS
DRESS AND
GROOMING
FLBA
(LEGAL)
The college campus marks the appropriate boundary where the
public institution can no longer assert that the regulation of student
grooming is reasonably related to the fostering or encouragement
of education.
In the absence of a showing that unusual conditions exist, the
regulation of the length or style of a college student's hair is irrelevant to any legitimate institutional administrative interests.
Lansdale v. Tyler Junior College, 470 F.2d 659 (5th Cir. 1972) (en
banc)
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STUDENT CONDUCT
HAZING OFFENSE
PERSONAL
FLBC
(LEGAL)
A person commits an offense if the person:
1.
Engages in hazing.
2.
Solicits, encourages, directs, aids, or attempts to aid another
in engaging in hazing.
3.
Has first-hand knowledge of the planning of a specific hazing
incident involving a student in an educational institution, including a college district, or first-hand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other
appropriate official of the institution.
Education Code 37.152(a), 51.936(a)
ORGANIZATION
An organization commits an offense if the organization condones
or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in
the commission of hazing. Education Code 37.153(a)
DEFINITIONS
“Hazing” means any intentional, knowing, or reckless act, occurring
on or off the campus of an educational institution by one person
alone or acting with others, directed against a student, that endangers the mental or physical health or the safety of a student for the
purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose
members are or include other students. The term includes:
“HAZING”
1.
Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
2.
Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or
physical health or safety of the student.
3.
Any activity involving consumption of a food, liquid, alcoholic
beverage, liquor, drug, or other substance that subjects the
student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.
4.
Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress,
shame, or humiliation, or that adversely affects the mental
health or dignity of the student or discourages the student
from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student
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STUDENT CONDUCT
FLBC
(LEGAL)
to leave the organization or the institution rather than submit
to acts described above.
5.
Any activity that induces, causes, or requires the student to
perform a duty or task that involves a violation of the Penal
Code.
Education Code 37.151(6); 51.936(a)
"ORGANIZATION"
"Organization" means a fraternity, sorority, association, corporation,
order, society, corps, club, or service, social, or similar group,
whose members are primarily students. Education Code
37.151(5); 51.936(a)
“STUDENT”
“Student” means any person who:
1.
Is registered in or in attendance at an educational institution;
2.
Has been accepted for admission at the educational institution where the hazing incident occurs; or
3.
Intends to attend an educational institution during any of its
regular sessions after a period of scheduled vacation.
Education Code 37.151(4); 51.936(a)
PUBLICATION
Each public institution of higher education shall distribute to each
student during the first three weeks of each semester a summary
of Education Code Chapter 37, Subchapter F and a list of organizations that have been disciplined for hazing or convicted for hazing on or off campus during the previous three years. If the institution publishes a general catalogue, student handbook, or similar
publication, it shall publish a summary of the provisions of Education Code Chapter 37, Subchapter F in each edition of the publication. Education Code 51.936(c)–(d)
INFORMATION
REGARDING GANGFREE ZONES
The governing board of each institution of higher education, including each college district, shall ensure that any student handbook or
similar publication for the institution includes information on gangfree zones and the consequences of engaging in organized criminal activity within those zones. Education Code 51.973
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STUDENT CONDUCT
FLBE
(LEGAL)
NOTICE REGARDING
STEROIDS
Each public institution of higher education, including each college
district, shall post in a conspicuous location in each gymnasium at
the institution the notice described in Education Code 51.921. Education Code 51.921 [See FLBE(EXHIBIT)]
ALCOHOL AND DRUG
ABUSE PROGRAMS
Notwithstanding any other provision of law, no institution of higher
education, including a college district, shall be eligible to receive
funds or any other form of financial assistance under any federal
program, including participation in any federally funded or guaranteed student loan program, unless the institution certifies to the
U.S. Secretary of Education that the institution has adopted and
has implemented a program to prevent the use of illicit drugs and
the abuse of alcohol by students and employees that, at a minimum, includes:
1.
2.
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FLBE(LEGAL)-PJC
The annual distribution to each student of:
a.
Standards of conduct that clearly prohibit, at a minimum,
the unlawful possession, use, or distribution of illicit
drugs and alcohol by students and employees on the institution's property or as part of any of the institution's
activities;
b.
A description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or
distribution of illicit drugs and alcohol;
c.
A description of the health risks associated with the use
of illicit drugs and the abuse of alcohol;
d.
A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are
available to employees or students; and
e.
A clear statement that the institution will impose sanctions on students and employees (consistent with local,
state, and federal law), and a description of those sanctions, up to and including expulsion or termination of
employment and referral for prosecution, for violations of
the standards of conduct required above.
A biennial review by the institution of the institution's program
to:
a.
Determine the program's effectiveness and implement
changes to the program if the changes are needed;
b.
Determine the number of drug- and alcohol-related violations and fatalities that occur on the institution's campus,
as defined in 20 U.S.C. 1092(f)(6), or as part of any of
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STUDENT CONDUCT
FLBE
(LEGAL)
the institution's activities; and are reported to campus officials;
c.
Determine the number and type of sanctions described
in 20 U.S.C. 1011i(a)(1)(E) that are imposed by the institution as a result of drug- and alcohol-related violations
and fatalities on the institution's campus or as part of any
of the institution's activities; and
d.
Ensure that the sanctions required by 20 U.S.C.
1011i(a)(1)(E) are consistently enforced.
20 U.S.C. 1011i(a); 34 C.F.R. 86.100
BINGE DRINKING
It is the sense of Congress that, in an effort to change the culture of
alcohol consumption on college campuses, all institutions of higher
education, including college districts, should carry out the following:
1.
The president of the institution should appoint a task force
consisting of school administrators, faculty, students, Greek
system representatives, and others to conduct a full examination of student and academic life at the institution. The task
force should make recommendations for a broad range of policy and program changes that would serve to reduce alcohol
and other drug-related problems. The institution should provide resources to assist the task force in promoting the campus policies and proposed environmental changes that have
been identified.
2.
The institution should provide maximum opportunities for students to live in an alcohol-free environment and to engage in
stimulating, alcohol-free recreational and leisure activities.
3.
The institution should enforce a “zero tolerance” policy on the
illegal consumption of alcohol by students at the institution.
4.
The institution should vigorously enforce the institution's code
of disciplinary sanctions for those who violate campus alcohol
policies. Students with alcohol or other drug-related problems
should be referred for assistance, including on-campus counseling programs if appropriate.
5.
The institution should adopt a policy to discourage alcoholic
beverage-related sponsorship of on-campus activities. It
should adopt policies limiting the advertisement and promotion of alcoholic beverages on campus.
6.
The institution should work with the local community, including
local businesses, in a “Town/Gown” alliance to encourage
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STUDENT CONDUCT
FLBE
(LEGAL)
responsible policies toward alcohol consumption and to
address illegal alcohol use by students.
20 U.S.C. 1011h
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STUDENT CONDUCT
FLBE
(EXHIBIT)
NOTICE REGARDING STEROIDS
Anabolic steroids and growth hormones are for medical use only. State law prohibits possessing, dispensing, delivering, or administering an anabolic steroid or growth hormones in
any manner not allowed by state law. State law provides that body building, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid is
not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or
human growth hormone for a person. A violation of state law concerning anabolic steroids or
human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.
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STUDENT CONDUCT
WEAPONS
FLBF
(LEGAL)
A person commits an offense if the person intentionally, knowingly,
or recklessly possesses or goes with a firearm, illegal knife, club,
or prohibited weapon on the physical premises of a school or educational institution, including a community college, any grounds or
building on which an activity sponsored by a school or educational
institution is being conducted, or a passenger transportation vehicle of a school or educational institution unless pursuant to written
regulations or written authorization of the institution. Penal Code
46.03(a)
DEFINITIONS
“FIREARM”
A “firearm” is any device designed, made, or adapted to expel a
projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to
that use. Penal Code 46.01(3)
“ILLEGAL KNIFE”
An “illegal knife” is a knife with a blade over five and one-half inches; hand instrument designed to cut or stab another by being
thrown; dagger, including, but not limited to, a dirk, stiletto, and
poniard; bowie knife; sword; or spear. Penal Code 46.01(6)
“CLUB”
A “club” is an instrument that is specially designed, made, or
adapted for the purpose of inflicting serious bodily injury or death
by striking a person with the instrument, and includes, but is not
limited to, a blackjack, nightstick, mace, and tomahawk. Penal
Code 46.01(1)
“PROHIBITED
WEAPON”
“Prohibited weapon” includes:
1.
An explosive weapon (any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for
the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for
delivery or shooting an explosive weapon). Penal Code
46.01(2)
2.
A machine gun (any firearm that is capable of shooting more
than two shots automatically, without manual reloading, by a
single function of the trigger). Penal Code 46.01(9)
3.
A short-barrel firearm (rifle with a barrel length of less than 16
inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered,
it has an overall length of less than 26 inches). Penal Code
46.01(10)
4.
A firearm silencer (any device designed, made, or adapted to
muffle the report of a firearm). Penal Code 46.01(4)
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STUDENT CONDUCT
WEAPONS
FLBF
(LEGAL)
5.
A switchblade knife (any knife that has a blade that folds,
closes, or retracts into the handle or sheath and that opens
automatically by pressure applied to a button or other device
located on the handle or opens or releases a blade from the
handle or sheath by the force of gravity or by the application
of centrifugal force; it does not include a knife that has a
spring, detent, or other mechanism designed to create a bias
toward closure and that requires exertion applied to the blade
by hand, wrist, or arm to overcome the bias toward closure
and open the knife). Penal Code 46.01(11)
6.
Knuckles (any instrument consisting of finger rings or guards
made of a hard substance that is designed, made, or adapted
for the purpose of inflicting serious bodily injury or death by
striking a person with a fist enclosed in the knuckles). Penal
Code 46.01(8)
7.
Armor-piercing ammunition (handgun ammunition that is designed primarily for the purpose of penetrating metal or body
armor and to be used primarily in pistols and revolvers). Penal Code 46.01(12)
8.
A chemical dispensing device (device, other than a small
chemical dispenser sold commercially for personal protection,
that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being). Penal Code
46.01(14)
9.
A zip gun (a device or combination of devices that was not
originally a firearm and is adapted to expel a projectile
through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance). Penal
Code 46.01(16)
10. A tire deflation device (a device, including a caltrop or spike
strip, that, when driven over, impedes or stops the movement
of a wheeled vehicle by puncturing one or more of the vehicle’s tires; it does not include a traffic control device that is
designed to puncture one or more of a vehicle’s tires when
driven over in a specific direction, and has a clearly visible
sign posted in close proximity to the traffic control device that
prohibits entry or warns motor vehicle operators of the traffic
control device). Penal Code 46.01(17)
Penal Code 46.05(a)
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FLC
(LEGAL)
Students have a right to be free from unreasonable searches and
seizures while on college district premises. U.S. Const. Amend. IV;
Tex. Const. Art. I, Section 9; New Jersey v. T.L.O., 469 U.S. 325
(1985)
SEARCHES
CONDUCTED BY
COLLEGE DISTRICT
OFFICIALS
When a search is conducted by a college district employee, a reasonable suspicion standard is applied to the search. Reasonable
cause exists if the student is suspected of violating a rule, and it is
believed that the search will uncover evidence of the suspected
violation. The reasonableness of any search involves a determination of whether the search was justified at its inception, and whether, as conducted, the search was reasonably related in scope to
the circumstances that justified the interference in the first place.
Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 (1995); New Jersey
v. T.L.O., 469 U.S. 325 (1985); Porter v. Ascension Parish Sch. Bd.,
393 F.3d 608 (5th Cir. 2004)
SEARCHES
CONDUCTED BY LAW
ENFORCEMENT
Generally, when law enforcement officials conduct a search, they
must have probable cause to believe that the subject of the search
has violated or is violating the law. However, in some circumstances, courts may apply a different standard to a college district
search in which a law enforcement official is involved. New Jersey
v. T.L.O., 469 U.S. 325 (1985)
SEARCHES OF TELECOMMUNICATIONS /
ELECTRONIC DEVICES
A person is prohibited from obtaining, altering, or preventing authorized access to a wire or electronic communication while it is in
electronic storage by:
EXCEPTIONS
1.
Intentionally accessing without authorization a facility through
which an electronic communication service is provided; or
2.
Intentionally exceeding an authorization to access that facility.
This section does not apply with respect to conduct authorized:
1.
By the person or entity providing a wire or electronic communications service;
2.
By a user of that service with respect to a communication of
or intended for that user; or
3.
By sections 18 U.S.C. 2703, 2704, or 2518.
18 U.S.C. 2701(a), (c)
“ELECTRONIC
COMMUNICATION”
“Electronic communication” means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic, or photooptical system that affects interstate or
foreign commerce. 18 U.S.C. 2510(12)
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“ELECTRONIC
STORAGE”
FLC
(LEGAL)
“Electronic storage” means:
1.
Any temporary, intermediate storage of a wire or electronic
communication incidental to the electronic transmission
thereof; and
2.
Any storage of such communication by an electronic communication service for purposes of backup protection of such
communication.
18 U.S.C. 2510(17)
Messages that have been sent to a person, but not yet opened, are
in temporary, intermediate storage and are considered to be in
electronic storage. See Steve Jackson Games, Inc. v. United
States Secret Service, 36 F.3d 457 (5th Cir. 1994).
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STUDENT COMPLAINTS
UNITED STATES
CONSTITUTION
FLD
(LEGAL)
A governmental entity, including a college district, shall take no action abridging the freedom of speech or the right of the people to
petition the governing board of the entity for redress of grievances.
U.S. Const. Amend. I, XIV [See FLA]
The governing board may confine its meetings to specified subject
matter and may hold nonpublic sessions to transact business. But
when the governing board sits in public meetings to conduct public
business and hear the views of citizens, it may not discriminate between speakers on the basis of the content of their speech or the
message it conveys. Rosenberger v. Rector & Visitors of Univ. of
Virginia, 515 U.S. 819, 828 (1995); City of Madison v. Wis. Emp.
Rel. Comm’n, 429 U.S. 167, 174 (1976); Pickering v. Bd. of Educ.,
391 U.S. 563, 568 (1968)
TEXAS CONSTITUTION
The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and to apply to those invested with the powers of government for redress of grievances or
other purposes, by petition, address, or remonstrance. Tex. Const.
Art. I, Sec. 27
The governing board of a community college is not required to negotiate or even respond to complaints. However, the governing
board must stop, look, and listen and must consider the petition,
address, or remonstrance. Prof’l Ass’n of College Educators v. El
Paso County Cmty. [College] Dist., 678 S.W.2d 94 (Tex. App.—El
Paso 1984, writ ref’d n.r.e.)
CHALLENGE TO
EDUCATION RECORDS
shall give a student, on request, an opportunity for a hearing to
challenge the content of the student’s education records on the
grounds that the information contained in the records is inaccurate,
misleading, or in violation of the privacy rights of the student. 34
C.F.R. 99.21 [See FJ]
Note:
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See GFA for provisions concerning students barred from
campus.
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INVOLVEMENT IN DECISION MAKING
FLE
(LEGAL)
The governing board of an institution of higher education, including
a college district, shall develop and implement policies that provide
the students at the institution with a reasonable opportunity to appear before any committee or other entity that is determining
whether a food service provider should be selected or retained by
the institution. The policies shall provide the students with a reasonable opportunity to discuss the performance of a food service
provider and the students’ recommendations for qualifications of
food service providers.
A contract between an institution of higher education and a food
service provider must require the food service provider to periodically hold meetings or forums to provide the students at the institution with a reasonable opportunity to discuss the performance of
the food service provider.
"Food service provider" means a person who contracts with the
institution to provide food or beverage service at any location on
the premises of the institution.
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AUTHORITY
FM
(LEGAL)
A college district has inherent authority to maintain order and discipline students. It may discipline students who disrupt the educational environment or who otherwise fail to abide by its standards of
conduct. Lansdale v. Tyler Junior Coll., 318 F.Supp. 529 (E.D. Tex.
1970); Speake v. Grantham, 317 F.Supp. 1253 (S.D. Miss. 1970)
A college district should adopt a student code of conduct that clearly sets out what conduct will result in discipline as well as the associated penalties. Esteban v. Cent. Mo. State Coll., 415 F.2d 1077
(8th Cir. 1969); Calbillo v. San Jacinto Junior Coll., 305 F.Supp. 857
(S.D. Tex. 1969)
DISCIPLINARY
PROCEDURE
No governmental entity, including a college district, shall deprive
any person of life, liberty, or property, without due process of law.
U.S. Const. Amend. XIV
Students subject to discipline by the college district must be afforded the level of due process, including notice and an opportunity to
respond, under the U.S. Constitution Fourteenth Amendment that
corresponds with the level of the discipline. Goss v. Lopez, 419
U.S. 565 (1975); Dixon v. Ala. State Bd. of Educ., 294 F.2d 150 (5th
Cir. 1961).
EXPULSION OF
CERTAIN FOREIGN
STUDENTS
The governing board of a public institution of higher education, including a college district, may expel from that institution any student who is a citizen of a country other than the United States attending the institution under a nonimmigrant visa issued by
Immigration and Naturalization Service and who is finally convicted
of an offense listed in Education Code 51.909, including Penal
Code 28.03 (criminal mischief), 28.04 (reckless damage and destruction), 42.02 (riot), 42.03 (obstructing highway or other passageway), or 42.05 (disrupting meeting or procession). A person is
finally convicted if the conviction has not been reversed on appeal
and all appeals, if any, have been exhausted. Education Code
51.909
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SECTION G: COMMUNITY AND GOVERNMENTAL RELATIONS
GA
GAA
GAB
GAC
Access to Information
Requests for Information
Student’s Right to Know
GB
PUBLIC COMPLAINTS AND HEARINGS
GC
RELATIONS WITH BUSINESSES AND COMMUNITY ORGANIZATIONS
GD
COMMUNITY INSTRUCTIONAL RESOURCES
GE
ADVERTISING AND FUND-RAISING
GF
GFA
Conduct on College District Premises
GG
GGA
GGB
GGC
GGD
GGE
Local Governmental Authorities
Interlocal Cooperation Contracts
State Governmental Authorities
Federal Governmental Authorities
Emergency Management
GH
GI
GJ
RELATIONS WITH REGIONAL EDUCATION SERVICE CENTERS
GK
RELATIONS WITH EDUCATIONAL ACCREDITATION AGENCIES
GL
ACCESS TO PROGRAMS, SERVICES, AND ACTIVITIES
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This introductory page outlines the contents of the public information policy. See the following sections for statutory provisions on:
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
Officer for Public Information and Required Notices
1.
Duties
2.
Training
3.
Notice Regarding Public Information
Access to Public Information
pages 3 – 4
pages 4 – 8
1.
Procedural Rules Regarding Access
2.
Treatment of Public Information Requests
3.
Location of Access
4.
Time for Response to Public Information Requests
5.
Clarifying or Narrowing Scope of a Request
6.
Time for Examination of Information
7.
Information in Electronic Format
8.
Repetitious or Redundant Requests
Attorney General Decisions
1.
Time for Requests
2.
Notice to Requestor
3.
Information Submitted to Attorney General
4.
Private or Proprietary Information
Charges Regarding Public Information Requests
1.
Charges for 50 Pages or Less
2.
Statement of Labor Costs
3.
Statement of Estimated Charges
4.
Deposit or Bond
5.
Unpaid Amounts Owed by Requestor
Inspection of Public Information
pages 8 – 13
pages 13 – 17
pages 17 – 18
1.
Deposit or Bond Required to Make Information Available
2.
Electronic Records
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SECTION VI
Miscellaneous Provisions
1.
Large or Frequent Requests
2.
Filing Suit To Withhold Information
3.
Parent’s Request for Information
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SECTION I: OFFICER FOR PUBLIC INFORMATION AND REQUIRED NOTICES
OFFICER FOR PUBLIC
INFORMATION
DUTIES
The chief administrative officer of a governmental body, including a
college district, is the officer for public information. Each department head shall be an agent of the officer for purposes of complying
with the public information laws.
The officer is responsible for the release of public information as
required by the Public Information Act (PIA), Government Code
Chapter 552. The officer for public information shall:
1.
Make public information available for public inspection and
copying.
2.
Carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal.
3.
Repair, renovate, or rebind public information when necessary
to maintain it properly.
The officer is not responsible for the use made of the information by
the requestor or the release of the information after it is removed
from a record as a result of an update, correction, or change of status of the person to whom the information pertains.
Gov’t Code 552.201(a)–.204
PUBLIC
INFORMATION ACT
TRAINING
Within 90 days after assuming office, a public information coordinator shall complete a course of training regarding the responsibilities
of the governmental body with which the official serves and its officers and employees under Texas Government Code Chapter 552.
The training shall be not less than one nor more than two hours.
The attorney general may provide the training and may also approve other acceptable sources of training.
A governmental body shall maintain and make available for public
inspection the record of a public information coordinator’s completion of the training.
Gov’t Code 552.012(a)–(b), (d)–(e)
SIGN
The officer for public information shall prominently display a sign in
the form prescribed by the attorney general that contains basic information about the rights of a requestor, the responsibilities of a
governmental body, including a college district, and the procedures
for inspecting or obtaining a copy of public information under the
PIA. The officer shall display the sign at one or more places in the
administrative offices of the governmental body where it is plainly
visible to:
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1.
Members of the public who request public information in person; and
2.
Employees of the governmental body whose duties include
receiving or responding to public information requests.
SECTION II: ACCESS TO PUBLIC INFORMATION
ACCESS TO PUBLIC
INFORMATION
PROCEDURAL
RULES
A governmental body, including a college district, may promulgate
reasonable rules of procedure by which public information may be
inspected and copied efficiently, safely, and without delay. These
rules may not be inconsistent with any provision of the PIA. Gov’t
Code 552.230
It shall be the policy of a governmental body to provide a suitable
copy of public information within a reasonable time after the date on
which the copy is requested. Gov’t Code 552.228
TREATMENT OF
REQUESTS
The officer for public information or agent shall not make an inquiry
of a requestor, except to establish proper identification or to ask the
requestor to narrow or clarify the request. The officer for public information or agent shall treat all requests for information uniformly
without regard to the position or occupation of the requestor, the
person on whose behalf the request is made, or the status of the
individual as a member of the media. The officer for public information or agent shall give the requestor all reasonable comfort and
facility for the full exercise of the right granted by the PIA.
Gov’t Code 552.222(a)–(b), .223–.224
LOCATION OF
ACCESS
An officer for public information complies with a request for public
information by:
1.
Providing the information for inspection or duplication in the
offices of the governmental body [see TIME FOR EXAMINATION, below]; or
2.
Sending copies of the information by first class mail, if the requestor requests that copies be provided and pays the postage
and any other applicable charges that the requestor has accrued under Subchapter F of the PIA [see COSTS AND
CHARGES, below].
The PIA does not authorize a requestor to remove an original copy
of a public record from the office of a governmental body.
Gov’t Code 552.221(b), .226
TIME FOR RESPONSE
An officer for public information shall promptly produce public information for inspection, duplication, or both, on application by any
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person. “Promptly” means as soon as possible under the circumstances, that is, within a reasonable time, without delay. A governmental body, including a college district, may not automatically withhold for ten business days public information not excepted from
disclosure.
If an officer for public information cannot produce the public information for inspection or duplication within ten business days after
the date the information is requested, the officer shall certify that
fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or
duplication.
If the requested information is unavailable because it is in storage or
active use, an officer for public information shall certify this fact in
writing to the requestor and set a date and hour within a reasonable
time when the information will be available for inspection or duplication.
Gov’t Code 552.221; Tex. Atty. Gen. ORD-664 (2000)
REQUESTS TO
NARROW OR CLARIFY
If a large amount of information has been requested, the governmental body, including a college district, may discuss with the requestor how the scope of the request might be narrowed, but the
governmental body may not inquire into the purpose for which the
information will be used. If what information is requested is unclear
to the governmental body, the governmental body may ask the requestor to clarify the request.
If the request included the requestor’s physical or mailing address,
the governmental body must send the request for discussion or clarification to that address by certified mail. The written request for
discussion or clarification must include a statement as to the consequences of failure by the requestor to timely respond. If the governmental body does not receive a written response by the 61st day
after the governmental body sends the written request, the underlying request for public information is considered to have been withdrawn by the requestor.
Gov’t Code 552.222(b), (d)–(f)
TIME FOR
EXAMINATION
A requestor shall complete the examination of the information not
later than the tenth business day after the date the custodian of the
information makes it available. If the requestor does not complete
the examination within ten business days and does not file a request for additional time, the requestor is considered to have withdrawn the request.
The officer shall extend the initial examination period by an additional ten business days if, within the initial period, the requestor
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files with the officer a written request for additional time. The officer
shall extend an additional examination period by another ten business days if, within the first additional period, the requestor files with
the officer a written request for more additional time.
The time during which a person may examine information may be
interrupted by the officer if the information is needed for use by the
governmental body, including a college district. The period of interruption is not considered to be a part of the time during which the
person may examine the information.
ELECTRONIC DATA
If public information exists in an electronic or magnetic medium, the
requestor may request a copy in an electronic medium, such as on
diskette or on magnetic tape. A governmental body, including a college district, shall provide a copy in the requested medium:
1.
If the governmental body has the technological ability to produce the information in the requested medium;
2.
If the governmental body is not required to purchase any software or hardware to accommodate the request; and
3.
Providing the copy will not violate any copyright agreement
between the governmental body and a third party.
If a governmental body is unable to comply with a request to produce a copy of information in a requested medium for any of these
reasons, the governmental body shall provide a copy in another
medium that is acceptable to the requestor. A governmental body is
not required to copy information onto a diskette or other material
provided by the requestor but may use the governmental body’s
supplies.
REQUESTS
REQUIRING
PROGRAMMING OR
MANIPULATION
A governmental body shall provide the requestor a written statement
described below, if the governmental body determines:
1.
That responding to a request for information will require programming or manipulation of data; and
2.
That:
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Compliance with the request is not feasible or will result
in substantial interference with operations; or
b.
The information could be made available in the requested
form only at a cost that covers the programming and manipulation of data.
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The written statement shall include:
1.
A statement that the information is not available in the requested form;
2.
A description of the form in which the information is available;
3.
A description of any contract or services that would be required
to provide the information in the requested form;
4.
A statement of the estimated cost of providing the information
in the requested form, as determined in accordance with the
rules established by the attorney general [see GAB(EXHIBIT)];
and
5.
A statement of the anticipated time required to provide the information in the requested form.
RESPONSE TIME
WHEN
PROGRAMMING
OR MANIPULATION
IS REQUIRED
The governmental body shall provide the written statement to the
requestor within 20 days after the date the governmental body receives the request. The governmental body has an additional ten
days to provide the statement if the governmental body gives written
notice to the requestor, within 20 days after receiving the request,
that additional time is needed.
FURTHER
ACTION
After providing the written statement described above, the governmental body has no further obligation to provide the information in
the requested form or in the form in which it is available, unless
within 30 days the requestor states in writing that the requestor:
1.
Wants the information in the requested form according to the
time and cost parameters set out in the written statement or
according to other terms to which the requestor and the governmental body agree; or
2.
Wants the information in the form in which it is available.
If a requestor does not make a timely written statement, the requestor is considered to have withdrawn the request for information.
PROCESSING OF
REQUESTS
The officer for public information shall establish policies that assure
the expeditious and accurate processing of requests for information
that require programming or manipulation of data. A governmental
body shall maintain a readily accessible file containing all written
statements issued concerning requests for information that require
programming or manipulation of data.
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REPETITIOUS OR
REDUNDANT
REQUESTS
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If a governmental body, including a college district, determines that
a requestor has made a request for information for which the governmental body has previously furnished or made copies available
to the requestor, the governmental body may:
1.
Respond to the request for information as set forth below, at
PROCEDURES; or
2.
Furnish the information or make the information available to
the requestor again in accordance with the request.
If the governmental body selects this option, the governmental body
is not required to comply with the procedures described below.
Gov’t Code 552.232(a)
These provisions do not apply to information not previously furnished to a requestor. A governmental body shall treat a request for
information for which copies have not been previously furnished or
made available to the requestor, including information that was not
furnished or made available because the information was redacted
or because the information did not exist at the time of an earlier request, in the same manner as any other request for public information. Gov’t Code 552.232(d)
PROCEDURES
The governmental body shall, free of charge, certify to the requestor
that copies of all or part of the requested information were previously furnished or made available to the requestor. The certification
must include:
1.
A description of the information for which copies have been
previously furnished or made available to the requestor;
2.
The date the governmental body received the requestor’s original request for that information;
3.
The date the governmental body previously furnished copies or
made available copies of the information to the requestor;
4.
A certification that no subsequent additions, deletions, or corrections have been made to that information; and
5.
The name, title, and signature of the officer for public information or agent making the certification.
Gov’t Code 552.232(b)
SECTION III: ATTORNEY GENERAL DECISIONS
ATTORNEY GENERAL
DECISIONS
If a governmental body, including a college district, receives a written request for information that the governmental body considers to
be within one of the exceptions to required disclosure and that the
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governmental body wishes to withhold from public disclosure, the
governmental body shall request a decision from the attorney general about whether the information is within the exception [see
SUBMISSION TO ATTORNEY GENERAL, below]. For these purposes, the term “written request” includes a request sent by electronic mail or facsimile transmission to the officer or designee.
TIME FOR REQUEST
A governmental body must submit the request to the attorney general not later than the tenth business day after receiving the written
request. If a governmental body does not timely request a decision
from the attorney general and comply with the requirements at
STATEMENT TO REQUESTOR, below, the information is presumed
to be subject to public disclosure and must be released unless there
is a compelling reason to withhold it.
Gov’t Code 552.301(a)–(c), .302
A governmental body may only request an attorney general decision
if the governmental body reasonably believes that the requested
information is excepted from required disclosure. Tex. Atty. Gen.
ORD-665 (2000)
CALCULATING TIME
LINES
For the purposes of Government Code sections 552.301–.308, if a
governmental body receives a written request by U.S. mail and
cannot adequately establish the actual date of receipt, the request is
considered to have been received by the governmental body on the
third business day after the date of the postmark on a properly addressed request. Gov’t Code 552.301(a-1)
When Government Code sections 552.301–.308 require a request,
notice, or other document to be submitted or otherwise given to the
attorney general within a specified period, the requirement is met in
a timely fashion if the governmental body submits the document
through the attorney general’s designated electronic filing system
within that period. This provision does not affect the right of a governmental body to submit information to the attorney general by mail
under Government Code 552.308.
When the attorney general is required to deliver a notice, decision,
or other document within a specified period, the requirement is met
in a timely fashion if the attorney general electronically transmits the
document within that period.
PREVIOUS
DETERMINATIONS
SAME
INFORMATION
Except as set forth at Government Code section 552.301(g), a governmental body, including a college district, may not request an attorney general decision if the governmental body has previously requested and received a determination from the attorney general
concerning the precise information at issue in a pending request
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and the attorney general or a court determined that the information
is not within one of the exceptions. This exception applies to specific information that is again requested from a governmental body after the attorney general has previously issued a decision regarding
the precise information or records at issue. The law, facts, and circumstances that formed the basis of the prior ruling must not have
since changed.
Gov’t Code 552.301(f); Tex. Att’y Gen. ORD-673 (2001)
CATEGORIES OF
INFORMATION
A governmental body may rely on a previous determination by the
attorney general regarding a specific, clearly delineated category of
information if:
1.
The previous decision is applicable to the type of governmental
body from which the information is requested;
2.
The previous decision concludes that the category of information is or is not excepted from public disclosure;
3.
The elements of law, fact, and circumstances are met to support the previous decision’s conclusion that the requested records and information at issue are or are not excepted from
public disclosure; and
4.
The previous decision explicitly provides that the governmental
body or bodies to which the decision applies may withhold the
information without the necessity of seeking a decision from
the attorney general.
Tex. Att’y Gen. ORD-673 (2001)
A governmental body that relies on any previous determination to
withhold information from disclosure should notify the requestor in
writing of the decision or ruling upon which it is relying.
A governmental body may withhold from public disclosure the categories of personnel records listed at Texas Attorney General Open
Records Decision 684 (2010).
Tex. Att’y Gen. ORD-684 (2010)
A governmental body may withhold from public disclosure personally identifiable, non-directory information in “education records” as
defined in the Family Education Rights and Privacy Act of 1974
(FERPA), 20 U.S.C. 1232g [see FL]. Tex. Att’y Gen. ORD-634
(1995)
STATEMENT TO
REQUESTOR
If a governmental body requests an attorney general decision, it
shall provide to the requestor within a reasonable time but not later
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than the tenth business day after the date of receiving the requestor’s written request:
1.
A written statement that the governmental body wishes to
withhold the requested information and has asked for a decision from the attorney general about whether the information is
within an exception to public disclosure; and
2.
A copy of the governmental body’s written communication to
the attorney general asking for the decision. If a governmental
body’s written communication to the attorney general discloses
the requested information, the governmental body shall provide a redacted copy of that written communication.
Gov’t Code 552.301(d)
SUBMISSION TO
ATTORNEY
GENERAL
When a governmental body requests an attorney general decision,
it shall, within a reasonable time but not later than the15th business
day after receiving the request for information, submit to the attorney general all of the following:
1.
Written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld;
2.
A copy of the written request for information;
3.
A signed statement as to the date on which the written request
for information was received by the governmental body or evidence sufficient to establish that date; and
4.
A copy of the specific information requested, or representative
samples of the information if a voluminous amount of information was requested. The governmental body shall label the
copies or representative samples to indicate which exceptions
apply to which parts of the copy.
The governmental body shall send a copy of the comments to the
requestor not later than the 15th business day after the governmental body receives the written request. If the written comments disclose or contain the substance of the information requested, the
copy of the comments provided to the requestor shall be redacted.
Gov’t Code 552.301(e)–(e-1)
Unless the information is confidential by law, the governmental body
may disclose the requested information to the public or the requestor before a final determination that the information is public has
been made by the attorney general or a court with jurisdiction.
Gov’t Code 552.303(a)
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ELECTRONIC
SUBMISSION
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A governmental body that requests a decision from the attorney
general about whether requested public information is excepted
from public disclosure may submit that request for decision to the
attorney general through the attorney general's designated electronic filing system. The governmental body's request for decision must
comply with the requirements of Government Code 552.301.
The deadlines in Government Code 552.301 and 552.303 are met if
the governmental body timely submits the required documents and
other materials through the attorney general's designated electronic
filing system within the time prescribed.
The governmental body must comply with the requirements of Government Code 552.301(d) and (e-1) and 552.305 regardless of
whether the request for attorney general decision is submitted electronically or through another permissible method of submission.
To use the attorney general's designated electronic filing system,
the governmental body must agree to and comply with the terms
and conditions of use as outlined on the attorney general's designated electronic filing system Web site.
The confidentiality of Government Code 552.3035 applies to information submitted under Government Code 552.301(e)(1)(D)
through the attorney general's designated electronic filing system.
1 TAC 63.22
ADDITIONAL
INFORMATION
If the attorney general determines that additional information is necessary to render a decision, the attorney general shall give the governmental body and the requestor written notice of that fact. The
governmental body shall submit the necessary additional information to the attorney general not later than the seventh calendar
day after the date the notice is received. If the governmental body
does not comply with the attorney general’s request, the information
is presumed to be subject to required public disclosure and must be
released unless there is a compelling reason to withhold the information. Gov’t Code 552.303(c)–(e)
PRIVACY OR
PROPERTY
INTERESTS
If information is requested and a person’s privacy or property interests may be involved, including a case under Government Code
552.101 (information confidential by law), 552.104 (information related to competitive bidding), 552.110 (trade secrets), and 552.114
(student records), a governmental body may decline to release the
information for the purpose of requesting a decision from the attorney general. A person whose interests may be involved, or any
other person, may submit in writing to the attorney general the person’s reasons why the information should be withheld or released.
A governmental body may, but is not required to, submit its reasons
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why the information should be withheld or released. Gov’t Code
552.305(a)–(c)
NOTICE TO
OWNER OF
PROPRIETARY
INFORMATION
If release of a person’s proprietary information may be subject to
exception under Government Code 552.101 (information
confidential by law), 552.110 (trade secrets), 552.113 (geological or
geophysical information), or 552.131 (economic development
information), a governmental body that requests an attorney general
decision shall make a good faith attempt to provide written notice to
that person of its request. The notice must:
1.
Be sent within a reasonable time not later than the tenth business day after the governmental body receives the request for
information; and
2.
Include:
a.
A copy of any written request a governmental body received for the information; and
b.
A statement, in the form prescribed by the attorney general, that the person is entitled to submit to the attorney
general, not later than the tenth business day after the
person receives the notice, a written statement of the
reason(s) why the information should be withheld and a
letter, memorandum, or brief supporting the reason(s).
SECTION IV: CHARGES REGARDING PUBLIC INFORMATION
REQUESTS
COSTS AND CHARGES
The charge for providing a copy of public information shall be an
amount that reasonably includes all costs related to reproducing the
information, including costs of materials, labor, and overhead. The
charges shall not be excessive and shall not exceed the actual cost
of producing the information or for making public information that
exists in a paper record available.
Charges for providing a copy of public information are considered to
accrue at the time the governmental body, including a college district advises the requestor that the copy is available on payment of
the applicable charges.
50 PAGES OR LESS
If a request is for 50 or fewer pages of paper records, the charge for
providing the copy of the information shall be limited to the charge
for each page of the paper record that is photocopied, unless the
pages to be photocopied are located in two or more separate buildings that are not physically connected with each other or a remote
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storage facility. The charge for providing a copy may not include
costs of materials, labor, or overhead.
STATEMENT OF
LABOR COSTS
If the charge for providing a copy of public information includes
costs of labor, the requestor may require the officer for public information or agent to provide the requestor with a written statement as
to the amount of time that was required to produce and provide the
copy. The statement must be signed by the officer or agent, and the
officer or agent’s name must be typed or legibly printed below the
signature. A charge may not be imposed for providing the written
statement to the requestor.
Gov’t Code 552.261, .262(a)
ATTORNEY
GENERAL’S RULES
A governmental body shall use the attorney general’s rules to determine the charges for providing copies of public information and to
determine the charge, deposit, or bond required for making public
information that exists in a paper record available for inspection, except to the extent that other law provides for charges for specific
kinds of public information. [See GAB(EXHIBIT)]
A governmental body may determine its own charges for providing
copies of public information and its own charge, deposit, or bond for
making public information that exists in a paper record available for
inspection. However, a governmental body may not charge an
amount that is greater than 25 percent more than the amount established by the attorney general, unless the governmental body requests an exemption.
Gov’t Code 552.262(a); 1 TAC 70.1(b)
EXEMPTIONS
A governmental body may request that it be exempt from part or all
of the rules adopted by the attorney general for determining charges. The request must be made in writing to the attorney general
and must state the reason for the exemption. If a governmental
body receives notice from the attorney general that an exemption
has been granted, the governmental body may amend its charges
according to the attorney general’s determination. Gov’t Code
552.262(c)
STATEMENT OF
ESTIMATED
CHARGES
If a request for a copy of public information will result in the imposition of a charge that exceeds $40, the governmental body shall provide the requestor with a written itemized statement that details all
estimated charges that will be imposed, including any allowable
charges for labor or personnel costs. If an alternative less costly
method of viewing the records is available, the statement must include a notice that the requestor may contact the governmental
body regarding the alternative method. A governmental body must
inform the requestor of the responsibilities imposed on the requestor
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by Government Code 552.2615 and the rights granted by that section and give the requestor the information needed to respond as
detailed in Government Code 552.2615(a).
If, after a governmental body provides the requestor the itemized
statement but before it makes the copy or the paper record available, the governmental body determines that the estimated charges
will exceed the charges detailed in the original itemized statement
by 20 percent or more, the governmental body shall send to the requestor an updated written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs.
REQUESTOR’S
RESPONSE
ACTUAL
CHARGES
TIMING OF
DEADLINES
A request for which a governmental body is required to produce an
(original or updated) itemized statement of estimated charges is
considered to have been withdrawn if the requestor does not respond in writing to the itemized statement by informing the governmental body within ten business days after the date the statement is
sent to the requestor that:
1.
The requestor will accept the estimated charges;
2.
The requestor is modifying the request in response to the itemized statement; or
3.
The requestor has sent to the attorney general a complaint alleging that the requestor has been overcharged for being provided with a copy of the public information.
If the actual charges exceed $40, the charges may not exceed:
1.
The amount estimated in the updated itemized statement; or
2.
If an updated itemized statement is not sent to the requestor,
an amount that exceeds by 20 percent or more the amount estimated in the original itemized statement.
An original or updated itemized statement is considered to have
been sent by a governmental body, and a requestor is considered to
have responded to the statement, on the date that the statement or
response is:
1.
Delivered in person;
2.
Deposited, properly addressed, in the U.S. mail; or
3.
Transmitted by electronic mail or facsimile, provided the requestor agrees to receive the statement by those means.
The time deadlines for providing or responding to the required
statement of estimated charges do not affect the application of a
time deadline imposed on a governmental body for requesting a deDATE ISSUED: 1/28/2013
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cision by the attorney general under Government Code 552, Subchapter G.
DEPOSIT OR BOND
The officer for public information or agent may require a deposit or
bond for payment of anticipated costs for the preparation of a copy
of public information if:
1.
The officer or agent has provided the requestor with the written
itemized statement required by Government Code 552.2615
[see STATEMENT OF ESTIMATED CHARGES, above]; and
2.
The charge for providing the copy is estimated by the governmental body to exceed $100, if the governmental body has
more than 15 full-time employees, or $50, if the governmental
body has fewer than 16 full-time employees.
The officer or agent may not require a deposit or bond as a down
payment for copies of public information that the requestor may request in the future.
Gov’t Code 552.263(a)–(b)
For the purposes of charging for providing copies of public information or for requesting an attorney general’s opinion, a request for
a copy of public information is considered to have been received by
the governmental body on the date the governmental body receives
the deposit or bond. Gov’t Code 552.263(e)
A requestor who fails to make such a deposit or post such a bond
before the tenth business day after the date the deposit or bond is
required is considered to have withdrawn the request. Gov’t Code
552.263(f)
MODIFIED
REQUEST
UNPAID AMOUNTS
If a requestor modifies a request in response to the requirement of a
deposit or bond, the modified request is considered a separate request and is considered received on the date the governmental
body receives the written modified request. Gov’t Code 552.263(e1)
The officer for public information or agent may require a deposit or
bond for payment of unpaid amounts the requestor owes a governmental body in relation to previous public information requests before preparing a copy of public information in response to a new request, if those unpaid amounts exceed $100. The officer for public
information or agent may not seek payment of those unpaid
amounts through any other means. Gov’t Code 552.263(c)
A governmental body that receives a request from a requestor who,
within the preceding 180 days, has accepted but failed to pay writ-
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ten itemized statements of estimated charges from the governmental body as provided under Government Code 552.261(b) may require the requestor to pay the estimated charges for the request before the request is fulfilled. Gov’t Code 552.2661
DOCUMENTATION
OF UNPAID
AMOUNTS
A governmental body must fully document the existence and
amount of those unpaid amounts or the amount of any anticipated
costs before requiring a deposit or bond. The documentation is
subject to required public disclosure. Gov’t Code 552.263(d)
WAIVERS
A governmental body shall provide a copy of public information
without charge or at a reduced charge if the governmental body determines that waiver or reduction of the charge is in the public interest because providing the information primarily benefits the public.
If the cost to a governmental body of processing the collection of a
charge for providing a copy of public information will exceed the
amount of the charge, the governmental body may waive the
charge.
GOVERNMENT
PUBLICATION
The cost provisions described above do not apply to a publication
that is compiled and printed by or for a governmental body for public
dissemination. If the cost of the publication is not determined by
state law, a governmental body may determine the charge for
providing the publication, or the governmental body may provide the
publication free of charge, if state law does not require a certain
charge. Gov’t Code 552.270
SECTION V: INSPECTION OF PUBLIC INFORMATION
INSPECTION OF
PUBLIC INFORMATION
If the requestor does not request a copy of public information, a
governmental body, including a college district, may not impose a
charge for making available for inspection any public information
that exists in a paper record, except as set forth below. Gov’t Code
552.271(a)
CONFIDENTIAL
INFORMATION
If a page contains confidential information that must be edited from
the record before the information can be made available for inspection, a governmental body may charge for the cost of making a photocopy of the page from which the confidential information must be
edited. No charge other than the cost of the photocopy may be imposed. Gov’t Code 552.271(b)
PAYMENT, DEPOSIT,
OR BOND
The officer for public information or agent may require a requestor
to pay, or to make a deposit or post a bond for the payment of, anticipated personnel costs for making available for inspection public
information that exists in paper records if:
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1.
The information specifically requested by the requestor is older
than five years or completely fills, or when assembled will
completely fill, six or more archival boxes; and
2.
The officer for public information or agent estimates that more
than five hours will be required to make the information available for inspection.
Gov’t Code 552.271(c)
CERTAIN SMALL
GOVERNMENTAL
BODIES
If a governmental body has fewer than 16 full-time employees, the
payment, deposit, or bond may be required only if:
1.
The information specifically requested by the requestor is older
than three years or completely fills, or when assembled will
completely fill, three or more archival boxes; and
2.
The officer for public information or agent estimates that more
than two hours will be required to make the information available for inspection.
ELECTRONIC
RECORDS
If a governmental body receives a request to inspect information
that exists in an electronic medium and that is not available directly
online to the requestor, the governmental body may not impose a
charge for access to the information unless complying with the request will require programming or manipulation of data. If programming or manipulation of data is required, the governmental
body shall notify the requestor before assembling the information
and provide the requestor with an estimate of charges that will be
imposed.
If public information exists in an electronic form on a computer
owned or leased by a governmental body, and the public has direct
access to that computer through a computer network or other
means, the electronic form of the information may be electronically
copied from that computer without charge if accessing the information does not require processing, programming, or manipulation
on the governmental body’s computer before the information is copied. If such information does require processing, programming, or
manipulation before it can be copied, a governmental body may impose charges.
If a governmental body creates or keeps information in an electronic
form, the governmental body is encouraged to explore options to
separate confidential information from public information and make
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the public information available to the public through electronic access through a computer network or other means.
SECTION VI: MISCELLANEOUS PROVISIONS
LARGE OR FREQUENT
REQUESTS
PERSONNEL TIME
REQUEST BY
MINOR
EXCEPTION
A governmental body, including a college district, may establish a
reasonable limit on the amount of time that governmental body’s
employees are required to spend producing public information for
inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time. The time limit may not be less than 36
hours for a requestor during the 12-month period that corresponds
to a governmental body’s fiscal year.
Any time spent complying with a request submitted in the name of a
minor, as defined by Family Code 101.003(a), is to be included in
the calculation of the cumulative amount of time spent complying
with a request for public information by a parent, guardian, or other
person who has control of the minor under a court order and with
whom the minor resides, unless that parent, guardian, or other person establishes that another person submitted that request in the
name of the minor.
This section does not apply if the requestor is an individual who, for
a substantial portion of the individual's livelihood or for substantial
financial gain, gathers, compiles, prepares, collects, photographs,
records, writes, edits, reports, investigates, processes, or publishes
news or information for and is seeking the information for:
1.
A radio or television broadcast station that holds a broadcast
license for an assigned frequency issued by the Federal
Communications Commission;
2.
A newspaper that is qualified under Government Code
2051.044 to publish legal notices or is a free newspaper of
general circulation and that is published at least once a week
and available and of interest to the general public in connection with the dissemination of news;
3.
A newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the general public; or
4.
A magazine that is published at least once a week or on the
Internet by a news medium engaged in the business of disseminating news or information to the general public.
This section also does not apply if the requestor is an elected official
of the United States, this state, or a political subdivision of this state
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or a representative of a publicly funded legal services organization
that is a federal tax exempt entity under Section 501(c)(3), Internal
Revenue Code of 1986.
WRITTEN
STATEMENT OF
PERSONNEL TIME
If a governmental body establishes a time limit, each time the governmental body complies with a request for public information, the
governmental body shall provide the requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information from that requestor during the
applicable 12-month period. The amount of time spent preparing
the written statement may not be included in the amount of time in
the statement.
WRITTEN ESTIMATE
OF CHARGES
If the cumulative amount of personnel time spent complying with
requests for public information from the same requestor equals or
exceeds the established time limit, a governmental body shall provide the requestor with a written estimate of the total cost, including
materials, personnel time, and overhead expenses, necessary to
comply with the request. The governmental body shall provide the
written estimate on or before the tenth day after the date on which
the request was made. The amount of this charge relating to the
cost of locating, compiling, and producing the public information
shall be established by rules prescribed by the attorney general.
ADDITIONAL TIME
ACCEPTANCE OF
CHARGES
If a governmental body provides the requestor with written notice
that additional time is required to prepare the written estimate, the
governmental body must provide the written estimate as soon as
practicable, but on or before the tenth day after the date the governmental body provided the notice that additional time was required.
A governmental body is not required to produce public information
for inspection or duplication or to provide copies of public information in response to the requestor’s request unless on or before
the tenth day after the date the governmental body provided the
written estimate, the requestor submits a written statement to the
governmental body in which the requestor commits to pay the lesser
of:
1.
The actual costs incurred in complying with the request, including the cost of materials, personnel time, and overhead; or
2.
The amount stated in the written estimate.
If the requestor fails or refuses to submit a written statement, the
requestor is considered to have withdrawn the request.
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WAIVED OR
REDUCED
CHARGES
GAB
(LEGAL)
This section does not prohibit a governmental body from providing a
copy of public information without charge or at a reduced rate, or
from waiving a charge for providing a copy of public information,
under Government Code 552.267 [see WAIVERS, above].
FILING SUIT TO
WITHHOLD
INFORMATION
A governmental body, including a college district, may file suit seeking to withhold information if the governmental body receives a determination from the attorney general that information must be disclosed to a requestor. The suit must be filed in Travis County
district court against the attorney general and must seek declaratory
relief from compliance with the attorney general’s decision.
The governmental body must bring the suit not later than the 30th
calendar day after the governmental body receives the attorney
general’s decision. If the governmental body wishes to preserve an
affirmative defense for its officer for public information, as provided
by Government Code 552.353(b)(3), the governmental body must
file suit not later than the tenth calendar day after receipt of the attorney general’s decision.
Gov’t Code 552.324, .353(b)(3)
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CONTRACTUAL
AGREEMENTS FOR
INSTRUCTION
GENERALLY
GC
(LEGAL)
General enrollment or contract training courses that are noncredit
and do not result in the award of continuing education units (CEUs)
are not eligible for any state apportionment funding, but a two-year
college is free to market such noncredit or non-CEU training to
business, industry, and government at whatever rate can be negotiated with the contracting organization. Exceptions regarding programs serving incarcerated students must be submitted to the Coordinating Board staff for review and approval.
Courses earning CEUs shall be subject to the guidelines published
by the Southern Association of Colleges and Schools Commission
on Colleges (SACS/COC) as a condition of eligibility for formula
funding.
All student enrollments for semester hour credit are subject to the
provisions of the Texas Success Initiative as applicable.
Public two-year colleges providing courses to organizations for
which semester hour credits or CEUs are earned must charge outof-state tuition to nonresident students who are brought from outof-state for such contract courses.
19 TAC 9.123
NONACCREDITED
ORGANIZATIONS
Contractual agreements for instruction with non-SACS/COC accredited organizations must comply with all current guidelines of
SACS/COC. Courses and programs offered under contractual
agreements must be consistent with the educational purpose, mission, and goals of the institution. Courses and programs offered
and eligible for state appropriations must remain under the sole
and direct control of the sponsoring public two-year college.
All programs and courses must be approved through the established procedures of the Coordinating Board.
Courses offered must remain under the sole and direct control of
the sponsoring public two-year college, which exercises ultimate
and continuing responsibility for the performance of the functions
reflected in the contract. Instructors of courses must meet qualifications as stipulated by the public two-year college. The public
two-year college must employ at least one full-time faculty member
per degree program and specify in the contract the institutional
procedures by which the contracted courses or programs meet the
standards of regular programs as disclosed fully in the publications
of the institution, specifically including the following:
1.
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2.
Admission of students to courses and/or to the sponsoring
institution where certificate and associate degree programs
are pursued;
3.
Development and evaluation of the curriculum;
4.
Evaluation of student progress;
5.
Recordkeeping;
6.
Tuition and/or fee charges, receipts and disbursement of
funds, and refund policy;
7.
Appointment, supervision, and evaluation of faculty; and
8.
Instruction and learning resources.
The contractual agreement must be executed by designated officers of the public two-year college and their counterparts in the contracting organization. The contractual agreement shall establish a
definite understanding between the public two-year college and the
contracting agency to include each of the items required by
19 Administrative Code 9.124. The agreement shall specify the
work to be performed, the period of the agreement, and the conditions under which any renewal or renegotiation must occur.
19 TAC 9.124
STATE FUNDING
Contact hours for contract instruction eligible for state appropriations must be determined and reported in compliance with state
law and Coordinating Board rules and policy. 19 TAC 9.127
No funds appropriated to any public two-year college may be expended for any course that has not been approved by the Commissioner, even if such course is taught under a contractual
agreement. 19 TAC 9.128
SKILLS
DEVELOPMENT FUND
In accordance with Labor Code 303.003 and 40 Administrative
Code 803.3, the skills development fund may be used by public
community and technical colleges, community-based organizations, and the Texas Engineering Extension Service as start-up or
emergency funds for the following job-training purposes:
1.
Developing customized training programs for businesses and
trade unions; and
2.
Sponsoring small and medium-sized business networks and
consortiums.
Labor Code 303.003(b); 40 TAC 803
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WORKFORCE
TRAINING AND
SERVICES
GC
(LEGAL)
A public community college shall promptly provide workforce training and services that are requested:
1.
By a local workforce development board if the need for the
training and services is based on the labor market information
system available for the area;
2.
By employers located in the college’s taxing district when the
request is presented directly to the college by the employers
or through the local workforce development board; or
3.
As part of economic development incentives designed to attract or retain an employer, including incentives offered under
the skills development fund program under Labor Code Chapter 303.
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PROHIBITED ACTS
GF
(LEGAL)
An officer or employee of the state or of a political subdivision of
the state, including a college district, who is acting or purporting to
act in an official capacity may not, because of a person’s race, religion, color, sex, or national origin:
1.
Refuse to permit the person to use facilities open to the public
and owned, operated, or managed by or on behalf of the state
or of a political subdivision of the state;
2.
Refuse to permit the person to participate in a program
owned, operated, or managed by or on behalf of the state or
of a political subdivision of the state;
3.
Refuse to grant a benefit to the person; or
4.
Impose an unreasonable burden on the person.
Civ. Prac. and Rem. Code 106.001(a)
FORUM FOR
COMMUNICATION
A public education entity, including a college district, may create a
public forum of a place or channel of communication for use by the
public at large for assembly and speech, for use by certain speakers, or for the discussion of certain subjects. Perry Educ. Ass’n v.
Perry Local Educators’ Ass’n, 460 U.S. 37 (1983); Chiu v. Plano
Indep. Sch. Dist., 260 F.3d 330 (5th Cir. 2001)
An education entity is not required to allow persons to engage in
every type of speech when the entity establishes a limited public
forum; the entity may be justified in reserving its forum for certain
groups or for the discussion of certain topics. The entity shall not
discriminate against speech on the basis of viewpoint, and any restriction must be reasonable in light of the purpose served by the
forum. Good News Club v. Milford Cent. Sch., 533 U.S. 98 (2001);
Lamb’s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S.
384 (1993)
FEES FOR USE
The governing board of each junior college district shall be authorized to fix and collect rentals, rates, charges, or fees from students
and others for the occupancy, use, or availability of all or any of its
property, buildings, structures, activities, operations, or facilities, in
such amounts and in such manner as may be determined by such
board. Education Code 130.123(c)
FACILITIES AS
POLLING PLACES
The entity that owns or controls a public building, including a college district, shall make its buildings available for use as polling
places in any election that covers territory in which the buildings
are located. If more than one authority requests the use of the
buildings for the same day and simultaneous use is impractical, the
entity that owns or controls the building shall determine which authority may use the building. Election Code 43.031(c)
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No charge, including a charge for personnel, utilities, or other expenses incurred before or after regular business hours, shall be
made for the use of a public building for a polling place if the day of
the election is a day on which the building is normally open. If the
day of an election is a day on which the building is not normally
open, a charge may be made only for the reimbursement of actual
expenses resulting from use of the building in the election. Election Code 43.033(a)
POLITICAL PARTY
CONVENTIONS
No charge may be made for the use of a public building for a precinct, county, or senatorial district convention, except for reimbursement for the actual charges resulting from use of the building
for the convention. The reimbursing authority is entitled to an itemized statement of expenses before making remittance. Election
Code 174.0631
DISTRIBUTION OF
NONSCHOOL
LITERATURE
Activities such as distributing literature, displaying signs, petitioning
for change, and disseminating information concerning issues of
public concern are protected by the First Amendment. Schenck v.
Pro-Choice Network, 519 U.S. 357 (1997) (recognizing leafletting
and commenting on matters of public concern as protected
speech); Boos v. Barry, 485 U.S. 312 (1988) (recognizing public
issue signs as protected speech); Meyer v. Grant, 486 U.S. 414
(1988) (recognizing the solicitation of signatures for a petition drive
as protected speech)
If an education entity, including a college district, creates a forum
for the distribution of nonschool literature, the entity may impose
time, place, and manner regulations and may reserve its facilities
for their intended purposes, communicative or otherwise, as long
as the regulation on speech is reasonable and not an effort to suppress expression merely because public officials oppose the
speaker’s view. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n,
460 U.S. 37 (1983)
USE OF COLLEGE
DISTRICT MAIL
SYSTEM
Unless it has been opened to the public, by policy or practice, a
school mail system is not a public forum. An education entity, including a college district, may create a limited public forum in its
campus mailboxes. Perry Educ. Ass’n v. Perry Local Educators’
Ass’n, 460 U.S. 37 (1983) [See also CHE]
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TRESPASS AND
DAMAGES
No person shall trespass on to the grounds of any state institution
of higher education of this state, including a college district, or
damage or deface any of the buildings, statues, monuments, memorials, trees, shrubs, grasses, or flowers on the grounds of any
state institutions of higher education. Education Code 51.204
DISRUPTIVE
ACTIVITIES
A person commits an offense if the person, alone or in concert with
others, intentionally engages in disruptive activity on the campus or
property of an institution of higher education, including a college
district. For purposes of this section, disruptive activity includes:
1.
Obstructing or restraining the passage of persons in an exit,
entrance, or hallway of any building without the authorization
of the administration of the school.
2.
Seizing control of a building or portion of a building to interfere
with an administrative, educational, research, or other authorized activity.
3.
Preventing or attempting to prevent by force or violence or the
threat of violence a lawful assembly authorized by the school
administration so that a person attempting to participate in the
assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is
likely to occur.
4.
Disrupting by force or violence or the threat of force or violence a lawful assembly in progress.
5.
Obstructing or restraining the passage of a person at an exit
or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force
or violence the ingress or egress of a person to or from the
property or campus without the authorization of the administration of the school.
An offense under this section is a Class B misdemeanor.
Education Code 37.123(b); 51.935
PERIODS OF
DISRUPTION
A period of disruption shall be any period in which it reasonably
appears that there is a threat of destruction to institutional property,
injury to human life on the campus or facility, or a threat of willful
disruption of the orderly operation of the campus or facility. Education Code 51.231
IDENTIFICATION OF
PERSONS ON
CAMPUS
During periods of disruption, as determined by the chief administrative officer of a state-supported institution of higher education, the
chief administrative officer, or an officer or employee of the institution designated by the person to maintain order on the campus or
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facility of the institution, may require that any person on the campus or facility present evidence of identification, or if the person is a
student or employee of the institution, the student or employee official institutional identification card or other evidence of the person’s
relationship with the institution.
If any person refuses or fails upon request to present evidence of
identification, the student or employee official identification card, or
other evidence of relationship with the institution, and if it reasonably appears that the person has no legitimate reason to be on the
campus or facility, the person may be ejected from the campus or
facility.
WITHDRAWAL OF
CONSENT TO
REMAIN ON
CAMPUS
During periods of disruption, the chief administrative officer of a
campus or other facility of a state-supported institution of higher
education, or an officer or employee of the institution designated by
the person to maintain order on the campus or facility, may notify a
person that consent to remain on the campus or facility has been
withdrawn whenever there is reasonable cause to believe that the
person has willfully disrupted the orderly operation of the campus
or facility and that the person’s presence on the campus or facility
will constitute a substantial and material threat to the orderly operation of the campus or facility.
In no case shall consent be withdrawn for longer than 14 days from
the date on which consent was initially withdrawn.
ENTERING OR
REMAINING ON
CAMPUS AFTER
WITHDRAWAL OF
CONSENT
Any person who has been notified that the consent to remain on
the campus or facility has been withdrawn and who willfully and
knowingly enters or remains upon the campus or facility during the
period for which consent has been withdrawn, is guilty of a misdemeanor, and is subject to punishment as defined by law.
This section does not apply to any person who enters or remains
on the campus or facility for the sole purpose of applying to the
chief administrative officer or authorized officer or employee for the
reinstatement of consent or for the sole purpose of attending a
hearing on the withdrawal.
[See also Education Code 51.234-.238, 51.240-.244 for additional
procedural requirements related to periods of disruption]
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STUDENTS AND
EMPLOYEES
BARRED FROM
CAMPUS AFTER
SUSPENSION OR
DISMISSAL
Every student or employee who has been suspended or dismissed
from a state-supported institution of higher education for disrupting
the orderly operation of the campus or facility of the institution, as a
condition of the suspension or dismissal, may be denied access to
the campus or facility, or both, of the institution for the period of
suspension, and in the case of dismissal, for a period not to exceed one year. Education Code 51.241(a)
REFUSING OR
FAILING TO LEAVE
BUILDING CLOSED
TO PUBLIC
No person may refuse or fail to leave a building under the control
and management of a public agency, including a state-supported
institution of higher education during those hours of the day or
night when the building is regularly closed to the public, upon being
requested to do so by a guard, watchman, or other employee of a
public agency, including a state-supported institution of higher education, controlling and managing the building or property, if the circumstances are such as to indicate that the individual or individuals
have no apparent lawful business to pursue. Education Code
51.242
HEARING
PROCEDURES
A person from whom consent to remain on the campus of a statesupported institution of higher education has been withdrawn shall
be entitled, in addition to the procedures set out in this policy [see
Education Code 51.233], to the following:
1.
Be represented by counsel;
2.
The right to call and examine witnesses and to cross-examine
adverse witnesses;
3.
Have all matters upon which the decision may be based introduced into evidence at the hearing in his or her presence;
4.
Have the decision based solely on the evidence presented at
the hearing;
5.
Prohibit the introduction of statements made against him or
her unless the person has been advised of their content and
the names of the persons who made them, and has been given the opportunity to rebut unfavorable inferences that might
otherwise be drawn; and
6.
Have all findings made at the hearing be final, subject only to
the person’s right to appeal to the president and the governing board of the institution.
FIREARMS /
WEAPONS
A person commits an offense if the person knowingly, intentionally,
or recklessly possesses or goes with a firearm, illegal knife, or prohibited weapon listed in Penal Code 46.05(a) onto the physical
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premises of a school or educational institution or any grounds or
building in which an activity sponsored by a school or educational
institution is being conducted, or a passenger transportation vehicle of a school or educational institution, unless pursuant to written
regulations or written authorization of the institution. Penal Code
46.03 [See also FLBF]
“Premises,” for purposes of this policy, means a building or a portion of a building. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage,
or other parking area. Penal Code 46.035(f)(3)
CONCEALED
HANDGUN LICENSE
HOLDER
A concealed handgun license holder commits an offense if the license holder carries a handgun on property of another without effective consent and received notice that entry on the property by a
license holder with a concealed handgun was forbidden or that remaining on the property with a concealed handgun was forbidden
and failed to depart.
For purposes of this section, a person receives notice if the owner
of the property or someone with apparent authority to act for the
owner provides notice to the person by oral or written communication.
“Written communication” means:
1.
A card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code
(trespass by holder of license to carry a concealed handgun),
a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this
property with a concealed handgun”; or
2.
A sign posted on the property that includes the language described above in both English and Spanish appearing in contrasting colors with block letters at least one inch in height and
displayed in a conspicuous manner clearly visible to the public.
An offense under this section is a Class A misdemeanor.
PREMISE
EXCEPTION
It is an exception to the application of this law that the property on
which the license holder carries a handgun is owned or leased by a
governmental entity, including a college district, and is not a premise or other place on which the license holder is prohibited from
carrying the handgun under Section 46.03 or 46.035.
Penal Code 30.06 [See also FLBF]
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INTERSCHOLASTIC
EVENTS
A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder’s
person, on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is
used in the event. Penal Code 46.035(b)(2)
BOARD MEETINGS
A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority
of Government Code Chapter 411, Subchapter H, regardless of
whether the handgun is concealed, at any meeting of a governmental entity, if the license holder was given effective notice under
Penal Code 30.06. Penal Code 46.035(c),(i)
DEFENSE TO
PROSECUTION
It is a defense to prosecution under Penal Code 46.035 (b) and (c)
[see INTERSCHOLASTIC EVENTS and BOARD MEETINGS,
above] that the actor, at the time of the commission of the offense,
was:
1.
A judge or justice of a federal court;
2.
An active judicial officer, as defined by Section 411.201, Government Code;
3.
A district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney,
or assistant county attorney; or
4.
A bailiff designated by the active judicial officer and engaged
in escorting the officer.
Penal Code 46.035(h-1)
FIREWORKS
A person may not explode or ignite fireworks within 600 feet of an
institution of higher education, including a college district, unless
the person receives authorization in writing from that organization.
Occupations Code 2154.251(a)(1)
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FEDERAL GOVERNMENTAL AUTHORITIES
MILITARY AND NAVAL
TRAINING
GGD
(LEGAL)
The governing board of any state-supported institution of higher
education, including a college district, may request the U.S. Department of Defense to establish and maintain courses in military
and naval training qualifying male student graduates of the courses
for reserve commission awards as a part of its curriculum. The
board may enter into mutually agreeable contracts for that purpose.
The work of the students enrolling in the courses may be credited
toward degree requirements under regulations prescribed by the
board. Education Code 51.304
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FACILITIES
DUAL USAGE
EDUCATIONAL
COMPLEX
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(LEGAL)
operate a dual usage educational complex to provide a shared facility for the educational activities of the district and other participating entities.
The board of trustees may enter into a cooperative agreement
governing the operation and use of the complex with the governing
bodies of one or more of the following entities: a county, municipality, or school district located in whole or in part in the service area
of the junior college district; or another institution of higher education with a campus or other educational facility located in the same
state uniform service region as adopted by the Coordinating Board.
The junior college district shall coordinate and supervise the operation of the complex. The use and the costs associated with the establishment and operation of the complex shall be shared by the
district and the other participating entities under the terms of the
cooperative agreement.
DESIGN OR
CONSTRUCTION OF
AN INSTRUCTIONAL
OR ATHLETIC
FACILITY
A school district and an institution of higher education, including a
college district, located wholly or partially in the boundaries of the
county in which the school district is located, may contract for the
school district to contribute school district resources to pay a portion of the costs of the design or construction of an instructional
facility or a stadium or other athletic facilities owned by or under the
control of the institution of higher education. A school district may
contribute school district resources only if the school district and
the institution of higher education enter into a written agreement
authorizing the school district to use that facility.
One or more independent school districts and an institution of
higher education may contract for the school district to contribute
school district resources to pay a portion of the costs of the design,
improvement, or construction of an instructional facility owned by
or under the control of the institution of higher education. A school
district may contribute district resources only if the school district
and the institution of higher education enter into a written agreement authorizing the school district to use that facility, including authorizing the enrollment of the school district’s students in courses
offered at that facility.
USE OF ATHLETIC
FACILITIES
A school district board may enter into a contract on behalf of the
school district with an institution of higher education located wholly
or partially within its boundaries, for the use of any stadium and
other athletic facilities owned by or under the control of the institution of higher education. The contract may be for any period not
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exceeding 75 years and may contain terms agreed on by the parties.
COLLEGE
COURSES IN
SCHOOL DISTRICT
FACILITIES
By resolution, the governing board of a community college district
may enter into a contract with the board members of a school district in a county adjacent to, but not a part of, the community college to hold college courses in the school district’s facilities, in accordance with Education Code 130.006. Education Code
130.006(a)–(b)
SCHOOL DISTRICT
COURSES ON
COLLEGE DISTRICT
CAMPUS
The board of trustees of a school district may operate a school or
program or hold a class on the campus of an institution of higher
education in this state, including a college district, if the board obtains written consent from the president or other chief executive
officer of the institution.
The president or other chief executive officer of an institution of
higher education may provide written consent to a board of trustees of a school district regardless of whether the institution is located within the boundaries of the school district.
REPORTS OF
ACADEMIC
ACHIEVEMENT
Each public two-year college shall report student performance as
prescribed below to the high school or public two-year college last
attended during the first year a student is enrolled after graduation
from high school.
A student performance report includes initial assessment student
test scores, as prescribed under 19 Administrative Code Chapter 4,
Subchapter C (relating to the Texas Success Initiative), descriptions of developmental education courses required, and individual
student grade point averages.
Appropriate safeguards shall be implemented to ensure student
privacy in these reports.
Education Code 51.403(e); 19 TAC 9.23
COLLEGE CREDIT
PROGRAM
If requested by a school district, a public institution of higher education in this state, including a college district, must assist the
school district in developing and implementing a program under
which students may earn the equivalent of at least 12 semester
credit hours of college credit in high school. The college credit may
be earned through:
1.
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International baccalaureate, advanced placement, or dual
credit courses;
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PAYMENT OF
COSTS
GH
(LEGAL)
2.
Articulated postsecondary courses provided for local credit or
articulated postsecondary advanced technical credit courses
provided for state credit; or
3.
Any combination of the courses described above.
A school district is not required to pay a student's tuition or other
associated costs for taking a course under this section. This provision expires September 1, 2013.
Education Code 28.009(a), (a-2)
INSTRUCTIONAL
PARTNERSHIPS WITH
PUBLIC SECONDARY
SCHOOLS
Types of instructional partnerships between a public two-year college and a school district include:
1.
Award of High School Credit Only [see HIGH SCHOOL
CREDIT-ONLY COURSES, below].
2.
Award of Concurrent Course Credit [see DUAL CREDIT
PROGRAMS/CONCURRENT ENROLLMENT, below].
3.
Tech-Prep Programs [see TECH-PREP PROGRAMS, below].
4.
Remedial or Development Instruction for High School Graduates [see REMEDIAL PROGRAMS, below].
19 TAC 9.143
AGREEMENTS
REQUIRED
For any instructional partnership between a secondary school and
a public two-year college, an agreement must be approved by the
governing boards of both the public school district or private secondary school and the public two-year college prior to the offering
of courses. Any partnership agreement must address the following
elements:
1.
Student eligibility requirements;
2.
Faculty qualifications;
3.
Location and student composition of classes;
4.
Provision of student learning and support services;
5.
Eligible courses;
6.
Grading criteria;
7.
Transcripting of credit; and
8.
Funding provisions.
19 TAC 9.144
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HIGH SCHOOL
CREDIT-ONLY
COURSES
GH
(LEGAL)
Public two-year colleges may contract to provide instruction for
public secondary schools. An agreement between the public twoyear college and the public secondary school must be approved by
both governing boards.
Provision of instruction for public secondary schools by public twoyear colleges must be in accordance with rules and guidelines established by the State Board of Education. Instruction provided
under a contractual agreement may include only coursework necessary for students to complete high school. It does not apply to
early admission programs for high school students entering college.
INSTRUCTORS
Instructors in contract programs with public secondary schools
must meet qualifications required by the college district as well as
the minimum guidelines approved by the State Board of Education.
FUNDING
Funding for this type of instruction must flow to the public secondary school as the contracting agency. An agreed cost for instruction must be negotiated between the public two-year college and
the public secondary school.
19 TAC 9.125, .143(a)
DUAL CREDIT
PROGRAMS /
CONCURRENT
ENROLLMENT
Under an agreement with a school district or, in the case of a private high school, with the organization or other person that operates the high school, a public junior college may offer a course in
which a student attending a high school operated in this state by
the school district, organization, or other person may enroll and for
which the student may simultaneously receive both:
1.
Course credit toward the student’s high school academic requirements; and
2.
Course credit as a student of the junior college, if the student
has been admitted to the college district or becomes eligible
to enroll in and is subsequently admitted to the junior college.
Education Code 130.008(a)
OFFERINGS
OUTSIDE OF
SERVICE AREA
A public community college may enter into an agreement to offer
only a dual credit course with a high school located in the service
area of another public community college only if the other public
community college is unable to provide the requested course to the
satisfaction of the school district and the school district has explicitly invited the institution to do so.
A public community college proposing to offer a dual credit course
at a high school outside of the college district's service area shall
notify the Regional Council in whose service area the high school
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(LEGAL)
is located. It must provide a letter from the school district stating
that the local community college is not offering the proposed dual
credit course to the satisfaction of the school district and that the
school district has invited the other community college to offer the
course.
Education Code 130.008 (d)-(d-1); 19 TAC 4.278(e)–(f)
STUDENT
ELIGIBILITY
REQUIREMENTS
In admitting or enrolling high school students in a course offered for
joint high school and junior college credit, a public junior college
must apply the same criteria and conditions to each student wishing to enroll in the course without regard to whether the student
attends a public school or a private or parochial school, including a
home school. For purposes of this section, a student who attends
a school that is not formally organized as a high school and is at
least 16 years of age is considered to be attending a high school.
A high school student is eligible to enroll in dual credit courses in
the eleventh and/or twelfth grade if the student:
1.
Demonstrates college readiness by achieving the minimum
passing standards under the provisions of the Texas Success
Initiative on relevant section or sections of an assessment instrument approved by the Coordinating Board; or
2.
Demonstrates that he or she is exempt under the provisions
of the Texas Success Initiative.
An eleventh grade high school student is also eligible to enroll in
dual credit courses under any of the following conditions:
1.
A student achieves a score of 2200 on mathematics and/or a
score of 2200 on English/language arts with a writing subsection score of at least 3 on the tenth grade Texas Assessment
of Knowledge and Skills (TAKS) relevant to the courses to be
attempted. An eligible high school student who has enrolled
in dual credit courses in the eleventh grade under this provision shall not be required to demonstrate further evidence of
eligibility to enroll in dual credit courses in the twelfth grade;
2.
The student achieves a combined score of 107 on the
PSAT/NMSQT with a minimum of 50 on the critical reading
and/or mathematics test relevant to the courses to be attempted. An eligible high school student who has enrolled in
dual credit under this provision must demonstrate eligibility to
enroll in dual credit courses in grade 12; or
3.
The student achieves a composite score of 23 on the PLAN
with a 19 or higher in mathematics and English. An eligible
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(LEGAL)
high school student who has enrolled in dual credit under this
provision must demonstrate eligibility to enroll in dual credit
courses in twelfth grade.
19 TAC 4.85(b)(1)–(2)
A high school student is eligible to enroll in workforce education
dual credit courses in the eleventh and/or twelfth grade if the student demonstrates that he or she has achieved the minimum high
school passing standard on the mathematics section and/or the
English/language arts section on the tenth or eleventh grade TAKS.
1.
A student may enroll only in those workforce education dual
credit courses for which the student has demonstrated eligibility.
2.
A student who is exempt from taking TAKS may be otherwise
evaluated by the college district to determine eligibility for enrolling in workforce education dual credit courses.
19 TAC 4.85(b)(3)
Students who are enrolled in private or nonaccredited secondary
schools or who are homeschooled must satisfy the provisions of
19 Administrative Code 4.85(b)(1)–(3). 19 TAC 4.85(b)(4)
To be eligible for enrollment in a dual credit course offered by a
public college, students must meet all the college’s regular prerequisite requirements designated for that course, e.g., minimum
score on a specified placement test, minimum grade in a specified
previous course, and the like. Students must also have at least
junior year high school standing. Exceptions to this requirement for
students with demonstrated outstanding academic performance
and capability, as evidenced by grade point average, PSAT scores,
or other assessment indicators, may be approved by the principal
of the high school and the chief academic officer of the college.
Students with less than junior year high school standing must
demonstrate eligibility as set forth at 19 Administrative Code
4.85(b)(1). 19 TAC 4.85(b)(5)–(6)
High school students shall not be enrolled in more than two dual
credit courses per semester. Exceptions to this requirement for
students with demonstrated outstanding academic performance
and capability, as evidenced by grade point average, ACT or SAT
scores, or other assessment indicators, may be approved by the
principal of the high school and the chief academic officer of the
college. 19 TAC 4.85(b)(7)
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(LEGAL)
An institution may impose additional requirements for enrollment in
courses for dual credit that do not conflict with this section. 19 TAC
4.85(b)(8)
FACULTY
QUALIFICATIONS
The college shall select instructors of dual credit courses. These
instructors must be regularly employed faculty members of the college or must meet the same standards, including minimal requirements of the Southern Association of Colleges and Schools, and
approval procedures used by the college to select faculty responsible for teaching the same courses at the main campus of the college.
The college shall supervise and evaluate instructors of dual credit
courses using the same or comparable procedures used for faculty
at the main campus of the college.
19 TAC 4.85(e)
LOCATION AND
COURSE
COMPOSITION
Dual credit courses may be taught on the college campus or on the
high school campus. For dual credit courses taught exclusively to
high school students on the high school campus and for dual credit
courses taught electronically, public colleges shall comply with applicable rules and procedures. Dual credit courses taught electronically shall comply with the board’s adopted Principles of Good
Practice for Courses Offered Electronically.
19 TAC 4.85(c); 19 TAC 4.255–.264, .270–.279
Dual credit courses may be composed of dual credit students only
or of dual and college credit students. Exceptions for a mixed
class, which would also include high school credit-only students,
may be allowed only under one of the following conditions:
1.
If the course involved is required for completion under the
State Board of Education Recommended or Advanced/
Distinguished Achievement High School Program graduation
requirements, and the high school involved is otherwise unable to offer such a course;
2.
If the high school credit-only students are advanced placement students; or
3.
If the course is a career and technology/college workforce
education course and the high school credit-only students are
earning articulated college credit.
19 TAC 4.85(d)
STUDENT
SERVICES
Students in dual credit courses must be eligible to utilize the same
or comparable support services that are afforded college students
on the main campus. The college is responsible for ensuring
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timely and efficient access to such services (e.g., academic
advising and counseling), to learning materials (e.g., library
resources), and to other benefits for which the student may be
eligible. 19 TAC 4.85(g)(2)
ELIGIBLE
COURSES
Courses offered for dual credit by public two-year associate degree
granting institutions must be identified as college-level academic
courses in the current edition of the Lower Division Academic
Course Guide Manual adopted by the Coordinating Board or as
college-level workforce education courses in the current edition of
the Workforce Education Course Manual adopted by the Coordinating Board.
Public colleges may not offer remedial and developmental courses
for dual credit.
19 TAC 4.85(a)
The college shall ensure that a dual credit course and the corresponding course offered at the main campus of the college are
equivalent with respect to the curriculum, materials, instruction,
and method/rigor of student evaluation. These standards must be
upheld regardless of the student composition of the class. 19 TAC
4.85(f)
ACADEMIC
POLICIES AND
TRANSCRIPTS
Regular academic policies applicable to courses taught at the college’s main campus must also apply to dual credit courses. These
policies could include the appeal process for disputed grades, drop
policy, the communication of grading policy to students, when the
syllabus must be distributed, and the like.
19 TAC 4.85(g)(1)
For dual credit courses, high school as well as college credit
should be transcripted immediately upon a student’s completion of
the performance required in the course. 19 TAC 4.85(h)
TUITION AND
STATE FUNDING
The junior college may waive all or part of the tuition and fees for a
high school student enrolled in a course for which the student may
receive joint credit.
The contact hours attributable to the enrollment of a high school
student in a course offered for joint high school and junior college
credit, excluding a course for which the student attending high
school may receive course credit toward the physical education
curriculum requirement under Education Code 28.002(a)(2)(C),
shall be included in the contact hours used to determine the junior
college’s proportionate share of the state money appropriated and
distributed to public junior colleges under Education Code 130.003
and 130.0031, even if the junior college waives all or part of the
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tuition or fees for the student. The college may claim funding for all
students getting college credit in dual credit courses.
Education Code 130.008(b)–(c); 19 TAC 4.85(i)(1)–(2)
NO
REQUIREMENT
An institution is not required, under the provisions of
19 Administrative Code 4.85, to offer dual credit courses for high
school students. 19 TAC 4.85(b)(9)
TECH-PREP
PROGRAMS
Public two-year colleges may partner with school districts to allow
for the articulation of high school technical courses taught by the
high school to high school students for immediate high school credit and later college credit to be awarded upon enrollment of the
students in the two-year college in an associate degree or certificate program. 19 TAC 9.143(c)
REMEDIAL
PROGRAMS
As outlined in 19 Administrative Code 9.125 [see HIGH SCHOOL
CREDIT-ONLY COURSES, above], the governing board of a junior
college district may contract with the governing board of an independent school district in the junior college district’s service area
for the junior college to provide remedial programs for students enrolled in secondary schools in the independent school district in
preparation for graduation from secondary school and entrance
into college.
High school students who have passed all sections of the exit-level
TAKS test with the high school graduation standard may be permitted to enroll in state-funded developmental courses offered by a
college at the college discretion if a need for such coursework is
indicated by student performance on an assessment instrument
approved by the Coordinating Board.
Remedial and developmental courses may not be offered for dual
credit.
Education Code 130.090(a); 19 TAC 9.143(d), .146(a)–(c)
TUITION AND
FUNDING
The board may exempt from tuition a student enrolled in a remedial
program. The grant of an exemption from tuition does not affect
the right of the junior college to a proportionate share of state appropriations under Education Code 130.003 attributable to the contact hours of the junior college with the student receiving the exemption. For instances when state funding is provided to both a
school district and a public junior college for a student enrolled in
courses offered by a junior college, the Commissioner of Education
and the Commissioner of Higher Education shall jointly develop a
mechanism to identify and eliminate duplication of state funding.
Education Code 130.090(b)–(d); 19 TAC 9.146(d)
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DROPOUT RECOVERY
PARTNERSHIP
PROGRAM
APPLICABILITY
GH
(LEGAL)
Beginning September 1, 2012, a public junior college may enter
into an articulation agreement to partner with one or more school
districts located in the public junior college district to provide on the
campus of the public junior college a dropout recovery program for
eligible students to successfully complete and receive a diploma
from a high school of the appropriate partnering school district in
accordance with Education Code 29.402. Education Code
29.402(a)
This section applies only to a public junior college located in a
county:
1.
With a population of 750,000 or more; and
2.
With less than 65 percent of the population 25 years and older having graduated from high school, according to the most
recent American Community Survey five-year estimates compiled by the United States Census Bureau.
The application of this section to a public junior college is not affected if, after the public junior college enters into a partnership and
begins providing a dropout recovery program, the county's demographics change and the county no longer meets the requirements under number 2, above.
This section applies only to a school district with a dropout rate that
is higher than 15 percent. The application of this section to a district is not affected if, after the district enters into a partnership, the
district's dropout rate changes and the district no longer meets the
requirements under this section.
These applicability requirements expire September 1, 2013.
FINANCING
A public junior college may receive from each partnering school
district for each student from that school district enrolled in a dropout recovery program under this section an amount negotiated between the junior college and that partnering district not to exceed
the total average per student funding amount in that school district
during the preceding school year for maintenance and operations,
including state and local funding, but excluding money from the
available school fund. Education Code 29.403
To the extent consistent with the General Appropriations Act, a
public junior college is eligible to receive dropout prevention and
intervention program funds appropriated to the agency.
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(LEGAL)
A public junior college may receive gifts, grants, and donations to
use for the purposes of this section.
PLAN TO INCREASE
ENROLLMENT
REQUIRED
AGREEMENT
The public institution of higher education in this state, including a
college district, in closest geographic proximity to an affected
school district shall enter into an agreement with the school district,
not later than August 1 of the year in which an affected school district receives notice from TEA that Education Code 29.904 applies,
to develop a plan in accordance with Section 29.904 to increase
the percentage of the school district’s graduating seniors who enroll in an institution of higher education for the academic year following graduation. That public institution of higher education shall
enter into an agreement unless that institution or the school district
recruits another public institution of higher education in this state to
enter into the agreement. A school district and the public institution
of higher education entering into the agreement with the school
district may also enter into an agreement with one or more other
public institutions of higher education in this state to participate in
developing the plan.
NOTICE
Not later than May 1 of each year, the Coordinating Board shall
notify each institution of public education in closest geographic
proximity to an affected school district of the applicability of Education Code 29.904 to the school district unless the school district is
operating under a plan required by this section.
AFFECTED SCHOOL
DISTRICTS
Affected school districts are those with one or more high schools
that:
1.
During the preceding five years, have had an average of at
least 26 students in the high school graduating class; and
2.
For any two consecutive years during the preceding five
years, have been among the lowest ten percent of high
schools in this state in the percentage of students graduating
and enrolling for the following academic year in an institution
of higher education.
EARLY COLLEGE HIGH
SCHOOLS
Texas public colleges and universities (C/U) are eligible to enter
into agreements with Texas public schools to create Early College
High Schools (ECHS) to be administered in accordance with 19
Administrative Code Chapter 4, Subchapter G. Any C/U that participates in the creation of an ECHS shall notify the Coordinating
Board in accordance with provisions and schedules determined by
the Commissioner. 19 TAC 4.154
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PERMANENT
ADVISORY
COMMITTEE
GI
(LEGAL)
A permanent advisory committee shall be established that consists
of the president or the president’s designee of each public senior
college or university and each public junior college within a 100mile radius of the public senior college or university. Education
Code 51.3521(a)(b), .351(1)
OFFICERS
The committee shall biennially elect a presiding officer and may
elect other officers. Education Code 51.3521(c)(d)
RULES
The committee shall adopt rules to govern the time and place of
meetings and the transaction of business. Education Code
51.3521(e)
PURPOSE
The committee shall periodically study regional higher education
needs in this state and make recommendations to the governing
boards of each public senior college or university and each public
junior college represented regarding degree programs, core curricula, and joint faculty appointments to enhance the transfer of students and coordinate working relationships between those institutions. Education Code 51.3521(f)
PARTNERSHIP
AGREEMENTS
With the approval of the Coordinating Board, the governing boards
of a public community/junior college and another institution of
higher education that are located in the same state uniform service
region as adopted by the Coordinating Board may enter into a
partnership agreement designed to coordinate the management
and operations of the institutions. The agreements shall in no way
abrogate the powers and duties of the boards with regard to the
governance of their respective institutions. Education Code 51.662
DUAL USAGE
EDUCATIONAL
COMPLEX
operate a dual usage educational complex to provide a shared facility for the educational activities of the district and other participating entities.
The board of trustees may enter into a cooperative agreement
governing the operation and use of the complex with the governing
bodies of one or more of the following entities: a county, municipality, or school district located in whole or in part in the service area
of the junior college district; or another institution of higher education with a campus or other educational facility located in the same
state uniform service region as adopted by the Coordinating Board.
The junior college district shall coordinate and supervise the operation of the complex. The use and the costs associated with the establishment and operation of the complex shall be shared by the
district and the other participating entities under the terms of the
cooperative agreement.
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INSTRUCTIONAL
ARRANGEMENTS
STATE FUNDING
GI
(LEGAL)
Public two-year colleges may enter into cooperative undertakings
or contractual agreements with other Texas public two-year colleges as permitted by law. Public two-year colleges may enter into
cooperative undertakings or contractual agreements with other
Texas public institutions of higher education as part of a multiinstitution teaching center as outlined under 19 Administrative
Code 5.78. Public two-year colleges may enter into cooperative
undertakings or contractual agreements with Southern Association
of Colleges and Schools Commission on Colleges (SACS/COC)accredited independent institutions of higher education as part of a
multi-institution teaching center as outlined under 19 Administrative
Code Chapter 5, Subchapter D, Section 5.78 or other partnership
agreements on a shared-cost basis as permitted by law. 19 TAC
9.126
Contact hours for contract instruction eligible for state appropriations must be determined and reported in compliance with state
law and Coordinating Board rules and policy. 19 TAC 9.127
No funds appropriated to any public two-year college may be expended for any course that has not been approved by the Commissioner, even if such course is taught under a contractual
agreement. 19 TAC 9.128
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Update 28 Policy Reference Manual

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