Negotiated Rulemaking

Texas Education Code (TEC) Section 61.0331 requires the Texas Higher Education Coordinating Board (THECB) to engage in negotiated rulemaking with institutions of higher education and other affected entities in accordance with the Negotiated Rulemaking Act, Texas Government Code Chapter 2008, when adopting policies, procedures, or rules relating to certain matters. Texas Administrative Code Rule 1.14, sets forth the THECB’s negotiated rulemaking process.

Current Negotiated Rulemaking Committees

Apply Texas Common Admission Application

THECB proposes amending Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter A, §4.10(c) and (g), relating to Common Admission Application Forms. Specifically, the proposal would amend rule to list elements necessary for determining admission to a general academic teaching institution, public community college, public state college, and public technical institute. This will include (1) biographical information including gender, ethnicity, and date of birth; (2) educational information including coursework, extracurriculars, community and volunteer service, and awards/honors; (3) residency, and (4) certification of information. The proposal would also amend the requirement for the THECB to enter into a contract with a public institution of higher education or other vendor to maintain the electronic application system.

Status: Notice of Proposed Rule Amendments published in the October 14 Edition of the Texas Register for a 30-day public comment period that expires November 12.

Data Request Reevaluation

Texas Education Code (TEC) Section 51.406 directs the THECB to reevaluate its rules and policies to ensure the need for the data requests it imposes on institutions of higher education and to consult with the institutions to identify any unnecessary data request(s) that are appropriate for removal from Coordinating Board rules. TEC Section 61.0331 directs the THECB to employ the negotiated rulemaking process described in Texas Government Code Chapter 2008 (Negotiated Rulemaking Act) when adopting a policy, procedure, or rule relating to the reevaluation of data requests.

Status: Convening memo (call for nominations) will be sent to stakeholders on or about November 14.

Sexual Misconduct Substantial Compliance and Penalty Matrix

THECB proposes amending Texas Administrative Code, Title 19, Part 1, Chapter 3, Subchapter A, §3.19, concerning compliance. Specifically, the proposal would set the due date for compliance certification; set a schedule for risk-based compliance monitoring; provide a penalty matrix for failure to achieve substantial compliance; provide mitigating and aggravating factors which may affect assessed penalties; and provide for appeal of assessed penalties.

Status: Proposed rule amendments on which the committee reached consensus will be filed with the Texas Register on January 13, 2023. The Notice of Proposed Rule Amendments will be published in the January 27 Edition of the Texas Register for a 30-day public comment period that will expire on February 25.

Tuition Equalization Grant (TEG) Program

To provide institutions with greater predictability and flexibility for the Tuition Equalization Grant (TEG), the THECB proposes updating the definition of “Exceptional TEG Need.”

Status: Proposed rule amendments on which the committee reached consensus will be filed with the Texas Register on January 13, 2023. The Notice of Proposed Rule Amendments will be published in the January 27 Edition of the Texas Register for a 30-day public comment period that will expire on February 25.

Inquiries should be directed to Laurie Frederick.

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