Texas Administrative Code Title 19

Education: As effective August 6, 2010

Chapter 22

Subchapter B

§22.21: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter F, the Tuition Equalization Grant Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.221 through 61.230.

(b) Purpose. The purpose of the Tuition Equalization Grant Program is to promote the best use of existing educational resources and facilities within this state, both public and private, by providing need-based grants to Texas residents and eligible nonresidents enrolled in any approved private or independent Texas college or university.

Comments

Source Note: The provisions of this §22.21 adopted to be effective August 16, 2004, 29 TexReg 7983; amended to be effective August 26, 2009, 34 TexReg 5686

§22.22: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Academic year--A twelve-month period designated by an eligible institution.

(2) Awarded--Offered to a student.

(3) Board--The Texas Higher Education Coordinating Board.

(4) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(5) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college or university. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(6) Degree or certificate program of four years or less--A baccalaureate degree or certificate program other than in architecture, engineering or any other program determined by the Board to require more than four years to complete.

(7) Degree or certificate program more than four years--A baccalaureate degree or certificate program in architecture, engineering or any other program determined by the Board to require more than four years to complete.

(8) Disbursement date--The date on which the Board generates a voucher requesting a grant disbursement for an institution.

(9) Exceptional financial need--The need an undergraduate student has if his or her expected family contribution is less than or equal to $1000.

(10) Enrollment on at least a half-time basis--For undergraduate students, enrolled for the equivalent of six or more semester credit hours per semester or term. For graduate students, enrolled for the equivalent of 4.5 or more semester credit hours per semester or term.

(11) Enrollment on at least a three-fourths basis--For undergraduate students, enrolled for the equivalent of nine or more semester credit hours per semester or term. For graduate students, enrolled for the equivalent of six or more semester credit hours per semester or term.

(12) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(13) Full-time enrollment--For undergraduate students, enrollment for the equivalent of twelve or more semester credit hours per semester or term. For graduate students, enrollment for the equivalent of nine or more semester credit hours per semester or term.

(14) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines.

(15) Graduate student--A student who has been awarded a baccalaureate degree.

(16) Initial TEG--The first Tuition Equalization Grant ever awarded to a specific student.

(17) Period of enrollment--The term or terms within a state fiscal year (September 1-August 31) for which the student was enrolled in an approved institution and met all the eligibility requirements for an award through this program.

(18) Private or independent institution--Any college or university defined as a private or independent institution of higher education by Texas Education Code, §61.003.

(19) Program or TEG--The Tuition Equalization Grant Program.

(20) Program Maximum--The TEG Program award maximum determined by the Board in accordance with Texas Education Code, §61.227 (relating to Payment of Grant; Amount).

(21) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including the selection of recipients, maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(22) Regular Semester--A fall or spring semester, typically of 16 weeks' duration.

(23) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Residence Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(24) State Fiscal Year--A period of time that begins on September 1 of one calendar year and ends on August 31 of the following calendar year.

(25) Tuition Differential--The difference between the tuition paid at the private or independent institution attended and the tuition the student would have paid to attend a comparable public institution.

(26) Tuition Equalization Grant need (TEG need)--The total amount of TEG funds that full-time students at an approved institution would be eligible to receive if the program were fully funded.

(27) Undergraduate student--An individual who has not yet received a baccalaureate degree.

Comments

Source Note: The provisions of this §22.22 adopted to be effective August 16, 2004, 29 TexReg 7983; amended to be effective November 28, 2005, 30 TexReg 7866; amended to be effective May 21, 2008, 33 TexReg 3944; amended to be effective August 26, 2009, 34 TexReg 5686

§22.23: Institutions

(a) Eligibility.

(1) Any college or university defined as a private or independent institution of higher education by Texas Education Code, §61.003, or that is located in Texas and meets the same program standards and accreditation as public institutions of higher education as determined by the Board, except theological or religious seminaries, are eligible to participate in the TEG Program.

(2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each approved institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately notify the Board and advise grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the institution and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

(3) Reporting.

(A) Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion.

(i) Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

(ii) Each participating institution shall have its TEG Program operations audited on a regular basis by an independent auditor or by an internal audit office that is independent of the financial aid and disbursing offices. Reports on findings and corrective action plans (if necessary) are due to the Board by April 15 each year.

(B) Penalties for Late Reports and/or Late Refunds.

(i) An institution that postmarks or electronically submits a progress report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.

(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is timely, but refunds owed to the Program by the institution are not made to the Board or the State Comptroller's Office within one week after due.

(iii) The Commissioner may assess more severe penalties against an institution if any report or refund is received by the Board more than one month after its due date. The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each late refund of grant funds. If grant funds are returned more than a week after the announced return date, they will be considered late.

(iv) The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked in two consecutive years, the institution may be penalized an additional 20 percent.

(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer and copied to the Financial Aid Director. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title (relating to Agency Administration).

(4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the TEG Program.

Comments

Source Note: The provisions of this §22.23 adopted to be effective August 16, 2004, 29 TexReg 7983; amended to be effective November 28, 2005, 30 TexReg 7866; amended to be effective May 21, 2008, 33 TexReg 3944; amended to be effective November 18, 2008, 33 TexReg 9231

§22.24: Eligible Students

To receive an award through the TEG Program, a student must:

(1) be enrolled for a minimum number of semester credit hours, which requires:

(A) if the student received a TEG in a state fiscal year prior to 2005-2006 or was awarded a TEG for the 2005-2006 state fiscal year prior to September 1, 2005, enrollment on at least a half-time basis;

(B) if the student was awarded a TEG award for the 2009-2010 academic year or later, three-fourths-time enrollment;

(2) show financial need;

(3) maintain satisfactory academic progress in his or her program of study as required by §22.25 of this title (relating to Satisfactory Academic Progress);

(4) be a resident of Texas, unless such student is a national merit scholarship finalist;

(5) be enrolled in an approved institution in an individual degree plan leading to a first associate's degree, first baccalaureate degree, first master's degree or first doctoral degree;

(6) be required to pay more tuition than is required at a comparable public college or university and be charged no less than the regular tuition required of all students enrolled at the institution;

(7) have a statement on file with the institution indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law; and

(8) not be a recipient of any form of athletic scholarship during the semester or semesters he or she is receiving a TEG.

Comments

Source Note: The provisions of this §22.24 adopted to be effective August 16, 2004, 29 TexReg 7983; amended to be effective November 28, 2005, 30 TexReg 7866; amended to be effective May 21, 2008, 33 TexReg 3944; amended to be effective August 25, 2008, 33 TexReg 6815; amended to be effective November 18, 2008, 33 TexReg 9232; amended to be effective August 26, 2009, 34 TexReg 5686

§22.25: Satisfactory Academic Progress

(a) Students who received a TEG award in a state fiscal year prior to 2005-2006 or who were awarded a TEG for the 2005-2006 state fiscal year prior to September 1, 2005, shall meet the academic progress requirements as determined by institutional policies.

(b) Students awarded a TEG award for the 2008-2009 academic year and later shall, unless granted a hardship postponement in accordance with §22.28 of this title (relating to Hardship Provisions for Students Awarded an Initial TEG on or after September 1, 2005):

(1) As of the end of the academic year in which the student receives an initial award, meet the academic progress requirements as determined by institutional policies.

(2) At the end of the year in which the student receives a continuation award:

(A) complete at least 75 percent of the hours attempted in his or her most recent full academic year, as determined by institutional policies;

(B) complete at least:

(i) for undergraduates, 24 semester credit hours in the most recent full academic year;

(ii) for graduate students, 18 semester credit hours in the most recent full academic year; and

(C) maintain an overall grade-point average of at least 2.5 on a four-point scale or its equivalent for all coursework attempted at an institution or private or independent institution.

Comments

Source Note: The provisions of this §22.25 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.26: Grade Point Average Calculations

Grade-point average calculations shall be made in accordance with institutional policies except that if a grant recipient's grade-point average falls below program requirements and the student transfers to another institution, or has transferred from another institution, the receiving institution cannot make a continuation award to the transfer student until he or she provides official transcripts of previous coursework to the new institution's financial aid office and that office re-calculates an overall grade-point average, including hours and grade points for courses taken at the old and new institutions, that proves the student's overall grade-point average now meets or exceeds program requirements.

Comments

Source Note: The provisions of this §22.26 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.27: End of Eligibility

(a) A student awarded TEG prior to the 2005-2006 state fiscal year or before September 1, 2005, for the 2005-2006 state fiscal year may continue to receive grants as long as he or she meets the relevant eligibility requirements of §22.24 of this title (relating to Eligible Students).

(b) An undergraduate student who is awarded an initial TEG on or after September 1, 2005, shall not be eligible for a TEG on either:

(1) the fifth anniversary of the initial award of a TEG to the student, if the student is enrolled in a degree or certificate program of four years or less; or

(2) the sixth anniversary of the initial award of a TEG to student, if the student is enrolled in a degree or certificate program of more than four years.

(c) A graduate student who is awarded an initial TEG on or after September 1, 2005, may continue to receive grants as long as he or she meets the relevant eligibility requirements of §22.24 of this title.

Comments

Source Note: The provisions of this §22.27 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.28: Hardship Provisions for Students Awarded an Initial Teg on or after September 1, 2005

(a) In the event of a hardship or for other good cause, the Program Officer at an eligible institution may allow an otherwise eligible student to receive a TEG while enrolled less than full time or if the student's grade point average or number of hours completed falls below the satisfactory academic progress requirements as referred to in §22.24 of this title (relating to Eligible Students). Such conditions may include, but are not limited to:

(1) a showing of a severe illness or other debilitating condition that may affect the student's academic performance;

(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or

(3) an undergraduate student's need to complete fewer than 12 hours in a given term in order to complete a degree, in which case the award amount should be determined on a pro rata basis for a full-time award.

(b) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.

Comments

Source Note: The provisions of this §22.28 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.29: Award Amounts and Uses

(a) Funding. Funds awarded through this program may not exceed the amount appropriated by the Legislature for that purpose.

(b) Award Amount.

(1) Each state fiscal year, no TEG award shall exceed the least of:

(A) the student's financial need;

(B) the student's tuition differential; or

(C) the program maximum.

(2) A grant to a part-time student whose initial TEG was awarded prior to September 1, 2005 or to any student enrolled for a limited number of hours due to imminent graduation shall be made on a pro rata basis of a full-time award.

(c) Exceptional Need Award. An undergraduate student who has exceptional financial need may receive a grant in an amount not to exceed 150 percent of the program maximum.

(d) Uses. No grant disbursed to a student may be used for any purpose other than for meeting the cost of attending an approved institution.

(e) Term or Semester Disbursement Limit. The amount of any disbursement in a single term or semester may not exceed the student's financial need, tuition differential or the program maximum for the state fiscal year, whichever is the least.

(f) Over Awards. If, at a time after an award has been offered by the institution and accepted by the student, the student receives assistance that was not taken into account in the student's estimate of financial need, so that the resulting sum of assistance exceeds the student's financial need, the institution is not required to adjust the award under this program unless the sum of the excess resources is greater than $300.

Comments

Source Note: The provisions of this §22.29 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.30: Adjustments to Awards

If a student officially withdraws from enrollment, or for some other reason, the amount of a student's disbursement exceeds the amount the student is eligible to receive, the institution shall follow its general institutional refund policy in determining the amount by which the award is to be reduced.

(1) Such funds should be re-awarded to other eligible students attending the institution. If funds cannot be re-awarded in a timely manner, they should be returned to the Board. Such payment shall be accompanied with sufficient documentation to enable the Board to identify the appropriate program for which the funds were originally issued.

(2) Funds returned to the Board shall be returned promptly, and must be returned no later than 60 days from the issue date.

(3) If the student withdraws or drops classes after the end of the institution's refund period, no refunds are due to the program.

Comments

Source Note: The provisions of this §22.30 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.31: Late Disbursements

(a) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(1) Owes funds to the institution for the period of enrollment for which the award is being made; or

(2) Received a student loan that is still outstanding for the period of enrollment.

(b) Funds that are disbursed after the end of the student's period of enrollment must be used following Board procedures to either pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding student loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

Comments

Source Note: The provisions of this §22.31 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.32: Allocation and Reallocation of Funds

(a) Allocations. Available program funds will be allocated to each participating institution in proportion to each institution's TEG need.

(b) Reallocations. Institutions will have until a date specified by the Board via a policy memo addressed to the Program Officer at the institution to encumber the program funds that have been allocated to them. On that date, institutions lose claim to any funds not yet drawn down from the Board for immediate disbursement to students. The funds released in this manner are available to the Board for reallocation to other institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

Comments

Source Note: The provisions of this §22.32 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.33: Authority to Transfer Funds

Institutions participating in a combination of the Toward EXcellence, Access and Success Grant, Tuition Equalization Grant, and Texas College Work-Study Programs, in accordance with instructions from the Board, may transfer in a given fiscal year up to the lesser of 10 percent or $10,000 between these programs.

Comments

Source Note: The provisions of this §22.33 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.34: Dissemination of Information and Rules

The Board is responsible for publishing and disseminating general information and program rules for the program described in this subchapter.

Comments

Source Note: The provisions of this §22.34 adopted to be effective August 26, 2009, 34 TexReg 5687

§22.35: Reporting

Each year, the Board shall include as a part of the annual financial aid report mandated in Senate Bill 1, Regular Session, General Appropriations Act (§13, page III-50), 79th Texas Legislature, a breakdown of Tuition Equalization Grant recipients by ethnicity, indicating the percentage of each ethnic group that received Tuition Equalization Grant funds for the academic year at each institution.

Comments

Source Note: The provisions of this §22.35 adopted to be effective August 26, 2009, 34 TexReg 5687

Subchapter D

§22.61: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter C. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §56.034, and §§56.036 - 56.039.

(b) The purpose of the Texas Public Education Grant Programs is to provide need-based grants of money to students attending public institutions of higher education in Texas.

Comments

Source Note: The provisions of this §22.61 adopted to be effective August 16, 2004, 29 TexReg 7984

§22.62: Participating Institutions

(a) All institutions of higher education as defined in Texas Education Code, §61.003(8) shall set tuition revenues aside for making grants through the Texas Public Educational Grant Program; and

(b) Institutions may also use funds generated through the Student Deposit Scholarship program established in Texas Education Code, §54.5021 or through the License Plate Insignia Scholarship Program, Transportation Code, §504.615.

Comments

Source Note: The provisions of this §22.62 adopted to be effective August 16, 2004, 29 TexReg 7984; amended to be effective November 28, 2005, 30 TexReg 7868

§22.63: Coordinating Board Responsibilities

The Texas Higher Education Coordinating Board shall perform the following services with regard to the Texas Public Educational Grant Program:

(1) Review guidelines submitted by institutions for the administration of the Texas Public Educational Grant program on their campuses to ensure the program is being conducted in a manner that will fulfill the purpose of the program. If guidelines are rejected, the Board is to provide the institution a written explanation and an opportunity to submit revised guidelines.

(2) Accept funds transferred to the Board by institutions for use in matching federal or state grant funds, assure such matching funds are used to assist institutions and students with the greatest financial need, and return any funds on deposit from institutions if matching funds are not available.

(3) Monitor institutional use of program funds and accept funds transferred to the Board by institutions which fail to fully utilize the grant funds set aside in accordance with Texas Public Educational Grant Program requirements. If an institution's year-end TPEG balance, including funds on deposit with the Board, exceeds 150 percent of the amount set aside from tuition, the excess funds shall be sent to the Board which shall use the funds for the Toward EXcellence, Access and Success Grant Program.

Comments

Source Note: The provisions of this §22.63 adopted to be effective August 16, 2004, 29 TexReg 7984

§22.64: Use of Funds

(a) Funds generated through tuition set-asides may be used to:

(1) make need-based grants to resident or nonresident students; and

(2) fund emergency tuition, fee, and book loans as described in §21.3 of this title, (relating to Loan Repayment Deferral and Loan Forgiveness for Emergency Tuition and Fee Loans).

(b) Funds transferred into the Texas Public Educational Grant Program from the Student Deposit Scholarship Program shall only be used for making need-based grants to resident students.

(c) Funds transferred into the Texas Public Educational Grant Program from the License Plate Insignia Scholarship Program shall only be used to make need-based grants to resident or nonresident students.

Comments

Source Note: The provisions of this §22.64 adopted to be effective November 28, 2005, 30 TexReg 7869

Subchapter E

§22.81: Purpose

The purpose of the Texas New Horizons Scholarship Program is to provide financial assistance to eligible high school graduates in the form of scholarships for the payment of tuition and mandatory fees at public institutions of higher education.

Comments

Source Note: The provisions of this §22.81 adopted to be effective November 26, 1997, 22 TexReg 11360.

§22.82: Eligible Institutions

All public institutions of higher education are eligible to participate. To participate, however, an eligible institution must match state funds with the institution's local or institutional funds.

Comments

Source Note: The provisions of this §22.82 adopted to be effective November 26, 1997, 22 TexReg 11360.

§22.83: Eligible Students

To be eligible, a student must not have received a baccalaureate degree and must not be receiving an athletic scholarship. In addition, the student must meet the following requirements:

(1) be a Texas resident as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons);

(2) be enrolled for at least six semester credit hours per semester or the equivalent at an eligible institution;

(3) show financial need;

(4) maintain satisfactory academic progress in his or her program of study as defined by his or her institution; and

(5) have received an award through the Texas New Horizons Scholarship Program prior to fall, 1999.

Comments

Source Note: The provisions of this §22.83 adopted to be effective November 26, 1997, 22 TexReg 11360; amended to be effective August 25, 2008, 33 TexReg 6816

§22.84: Selection of Recipients

Prior year recipients will continue to receive the scholarship as long as they continue to meet the eligibility requirements of the Texas New Horizons Scholarship Program.

Comments

Source Note: The provisions of this §22.84 adopted to be effective November 26, 1997, 22 TexReg 11360; amended to be effective March 2, 2003, 28 TexReg 1861

§22.85: Award Amounts

An eligible student may receive a scholarship equal to his or her tuition and mandatory fee charges for up to one academic year.

Comments

Source Note: The provisions of this §22.85 adopted to be effective November 26, 1997, 22 TexReg 11360.

§22.86: Funding

The scholarships authorized under this section shall be funded by appropriations for the TEXAS Grant program established by the Texas Education Code, Chapter 56, Subchapter M.

Comments

Source Note: The provisions of this §22.86 adopted to be effective November 26, 1997, 22 TexReg 11360; amended to be effective August 25, 2008, 33 TexReg 6816

Subchapter F

§22.101: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter L, Financial Aid for Professional Nursing Students and Vocational Nursing Students. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.651, 65.652, and 61.655 - 61.658.

(b) Purpose. The purpose of the Vocational Nursing Student Scholarship Programs is to promote the health care and health educational needs of the citizens of Texas.

Comments

Source Note: The provisions of this §22.101 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.102: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(3) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college or university. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(4) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(5) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines. Federal and state veterans' educational and special combat pay benefits are not to be considered in determining a student's financial need.

(6) Half-time student--For undergraduates, enrollment for the equivalent of six or more semester credit hours. For graduate students, enrollment for the equivalent of 4.5 or more semester credit hours.

(7) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(8) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Residence Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(9) Rural--Located in a non-metropolitan area as defined by the United States Census Bureau in its most recent census.

(10) Vocational Nursing Student--A student enrolled in a nonprofit school or program that is preparing the student for licensure as a licensed vocational nurse.

Comments

Source Note: The provisions of this §22.102 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3949; amended to be effective May 26, 2010, 35 TexReg 4155

§22.103: Institutions

(a) Eligibility.

(1) Any college or university that is defined as a public or private or independent institution of higher education by Texas Education Code, §61.003, and that is preparing students for licensure as a licensed vocational nurse is eligible to participate in the Vocational Nursing Scholarship Programs.

(2) No participating school or program may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating school or program must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each approved school or program must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. A school or program must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise scholarship recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The school or program must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that a school or program has disbursed funds for unauthorized purposes, the Board will notify the school or program and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the school or program shall become primarily responsible for restoring the funds to the Board. No further disbursements of scholarship funds shall be permitted to students at that school or program until the funds have been repaid.

(3) Reporting Requirements/Deadlines. Participating schools or programs must submit vocational nursing enrollment data and (if a public or private institution of higher education) the Financial Aid Database Report in a timely fashion.

(4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the Scholarship Programs for Vocational Nursing Students.

Comments

Source Note: The provisions of this §22.103 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.104: Program Titles and Distinctions

Two scholarship programs for nursing students are to be administered in accordance with this subchapter. Their titles are the Scholarship Program for Rural Vocational Nursing Students and the General Scholarship Program for Vocational Nursing Students. Both programs will be administered in keeping with this subchapter.

(1) Scholarship Program for Rural Vocational Nursing Students. Students eligible for these funds must have graduated from high schools located in rural areas or lived in rural areas of Texas for the 12 months prior to enrollment in a vocational nursing program. Furthermore, Rural Vocational Nursing Scholarship recipients must be attending a nursing program offered in a rural area of the state. Otherwise eligible students attending extension campuses in rural locations are eligible to participate.

(2) General Scholarship Program for Vocational Nursing Students. Funds awarded through this program may go to any eligible student.

Comments

Source Note: The provisions of this §22.104 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.105: Eligible Students

(a) To receive funds through one of the Vocational Nursing Student Scholarship Programs, a student must:

(1) be a resident of Texas;

(2) be enrolled in a vocational nursing program on at least a half-time basis at an approved institution;

(3) show financial need, which acts as one of the upper limits of a student's award through the program;

(4) maintain satisfactory academic progress in his or her program of study as defined by the institution; and

(5) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.

(b) In determining what best promotes the health care and educational needs of this State, the institution shall consider the following factors relating to each applicant. The importance to be given each factor will be determined by the Board in consultation with the advisory committee described in §22.110 of this title (relating to Advisory Committee).

(1) scholastic ability and performance as measured for entering freshmen by high school grade point average, rank and scores on standardized college entrance examination, and for continuing or transfer college students by college grade point average;

(2) financial need;

(3) whether the person is receiving Temporary Assistance for Needy Families or participates in another public welfare program;

(4) employment by a state agency; and

(5) whether the person, at the time of application to participate in the scholarship program is likely to practice in an area with an acute nursing shortage.

Comments

Source Note: The provisions of this §22.105 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3949

§22.106: Award Amounts and Uses

(a) Funding. Funds awarded through this program may not exceed the amount appropriated by the Legislature for the program plus any gifts, grants and donations of real or personal property from any entity, subject to limitations or conditions set by law, for the purposes of this subchapter.

(b) Award Amounts and Disbursements. The maximum award for a student through any of the programs is the lesser of the student's financial need or $1,500.

(c) Uses. No scholarship disbursed to a student may be used for any purpose other than for meeting the cost of attending an approved institution.

(d) Over Awards. At the time an award is made to a student, it may not exceed the student's need. No future adjustment is required, however, if subsequent awards during the student's period of enrollment cause an over award of $300 or less.

Comments

Source Note: The provisions of this §22.106 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.107: Allocations

Each participating institution will receive a share of the program funds based on its share of the statewide relevant vocational nursing student enrollment. Funds allocated to institutions may be used to make awards through either of the programs established by this subchapter.

Comments

Source Note: The provisions of this §22.107 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3949

§22.108: Disbursements to Institutions

Program officers will submit fund request forms to the Board periodically to request funds for immediate disbursement to students. Such funds are to be released to students or applied to student accounts within five working days of the funds' arrival at the institution or the institution's fiduciary agent.

Comments

Source Note: The provisions of this §22.108 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3949

§22.109: Retroactive Disbursements

(a) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(1) owes funds to the institution for the period of enrollment for which the award is being made; or

(2) received a student loan that is still outstanding for the period of enrollment for which the award is being made.

(b) Funds that are disbursed after the end of the student's period of enrollment must either be used to pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

Comments

Source Note: The provisions of this §22.109 adopted to be effective May 21, 2008, 33 TexReg 3950

§22.110: Advisory Committee

(a) The Board shall appoint an advisory committee to advise the Board concerning assistance provided under this subchapter to vocational nursing students.

(1) The advisory committee shall consist of:

(A) a chair named by the Board;

(B) one representative named by the License Vocational Nurses Association of Texas;

(C) one representative named by the Texas Organization of Nurse Executives;

(D) one representative named by the Board of Nurse Examiners of the State of Texas;

(E) two representative of vocational nursing educational programs named by the Texas Association of Vocational Nurse Educators;

(F) one representative named by the Texas Health Care Association; and

(G) one representative named by the Texas Association of Homes for the Aging.

(2) The costs of participation on an advisory committee of a member representing a particular organization or agency shall be borne by that member or the organization or agency the member represents.

(b) The duties of the advisory committee shall be to:

(1) advise the Board on appropriate rules for the Vocational Nursing Student Scholarship Programs;

(2) advise the Board on the priorities of emphasis among the scholarship, the matching fund employment program found in Chapter 21, Subchapter U of this title (relating to the Matching Fund Employment Program for Vocational Nursing Students) and loan repayment program found in Chapter 21, Subchapter Q of this title (relating to the Licensed Vocational Nurses' Student Loan Repayment Program), provided for in Texas Education Code, Chapter 61, Subchapter L;

(3) advise the Board on the amount of money needed to fund adequately the Vocational Nursing Student Scholarship Programs;

(4) advise the Board on the establishment of priorities among the criteria for consideration of application approval which are listed in Texas Education Code, Chapter 61, Subchapter L, and in these rules; and

(5) assist the Board in the dissemination of information on the Vocational Nursing Student Scholarship Programs.

Comments

Source Note: The provisions of this §22.110 adopted to be effective May 21, 2008, 33 TexReg 3950

§22.111: Dissemination of Information and Rules

The Board and its advisory committees are responsible for publishing and disseminating general information and program rules for the programs described in this subchapter.

Comments

Source Note: The provisions of this §22.111 adopted to be effective May 21, 2008, 33 TexReg 3950

Subchapter G

§22.121: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter L, Financial Aid for Professional Nursing Students and Vocational Nursing Students. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.651, 61.652, and 61.655 - 61.658.

(b) Purpose. The purpose of the Professional Nursing Student Scholarship Programs is to promote the health care and health educational needs of the citizens of Texas.

Comments

Source Note: The provisions of this §22.121 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.122: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(3) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college or university. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(4) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(5) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines. Federal and state veterans' educational and special combat pay benefits are not to be considered in determining a student's financial need.

(6) Half-time student--For undergraduates, enrollment for the equivalent of six or more semester credit hours. For graduate students, enrollment for the equivalent of 4.5 or more semester credit hours.

(7) Professional nursing student--A student enrolled in an eligible public, private or independent institution of higher education in a course of study leading to an initial or an advanced degree in professional nursing.

(8) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(9) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(10) Rural--Located in a non-metropolitan area as defined by the United States Census Bureau in its most recent census.

Comments

Source Note: The provisions of this §22.122 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3950; amended to be effective May 26, 2010, 35 TexReg 4156

§22.123: Institutions

(a) Eligibility.

(1) Any college or university defined as a public or private or independent institution of higher education by Texas Education Code, §61.003, or that is located in Texas and meets the same program standards and accreditation as public institutions of higher education as determined by the Board is eligible to participate in the Professional Nursing Scholarship Programs.

(2) No participating institution may, on the grounds of race, color, national origin, gender, religion, age or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating school or program must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each approved institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise scholarship recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the institution and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of scholarship funds shall be permitted to students at that institution until the funds have been repaid.

(3) Reporting Requirements/Deadlines. Participating institutions must submit professional nursing student enrollment data and the Financial Aid Database Report to the Board in a timely fashion.

(4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the Scholarship Programs for Professional Nursing Students.

Comments

Source Note: The provisions of this §22.123 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3950

§22.124: Program Titles and Distinctions

Four scholarship programs for nursing students are to be administered in accordance with this subchapter. Their titles are the Scholarship Program for Rural Professional Nursing Students, the Scholarship Program for Licensed Vocational Nurses Becoming Professional Nurses, the Scholarship Program for Rural BSN and Graduate Nursing Students, and the General Scholarship Program for Professional Nursing Students. All four programs will be administered in keeping with this subchapter.

(1) Scholarship Program for Rural Professional Nursing Students. Students eligible for these funds must have graduated from high schools located in rural areas, or lived in such a rural area of Texas for the 12 months prior to enrollment in a professional nursing program. Furthermore, Rural Professional Nursing Scholarship recipients must be attending a nursing program offered in a rural area of the state. Otherwise eligible students enrolled in extended campuses in rural locations are eligible to participate.

(2) Scholarship Program for Licensed Vocational Nurses Becoming Professional Nurses. Students eligible for these funds must be Licensed Vocational Nurses who are enrolled in a program leading to licensure as a Professional Nurse.

(3) Scholarship Program for Rural BSN and Graduate Nursing Students. Students eligible for these funds must have graduated from high schools located in rural areas or must have lived in a rural area of Texas for the 12 months prior to enrollment in a professional nursing program. Rural BSN and graduate nursing students may be attending a nursing program offered at any eligible institution in the State.

(4) General Scholarship Program for Professional Nursing Students. Funds awarded through this program may go to any eligible student.

Comments

Source Note: The provisions of this §22.124 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.125: Eligible Students

(a) To receive funds through one of the Professional Nursing Student Scholarship Programs, a student must:

(1) be a resident of Texas;

(2) be enrolled on at least a half-time basis at an approved institution;

(3) show financial need, which acts as one of the upper limits of a student's award through the program;

(4) maintain satisfactory academic progress in his or her program of study as defined by the institution;

(5) be enrolled in a professional nursing program and, (if applying for an award through the Scholarship Program for Licensed Vocational Nurses studying to become Professional Nurses), be a Licensed Vocational Nurse; and

(6) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.

(b) In determining what best promotes the healthcare and educational needs of this State, the institution shall consider the following factors relating to each applicant. The importance to be given each factor will be determined by the Board in consultation with the advisory committee described in §22.130 of this title (relating to Advisory Committee).

(1) scholastic ability and performance as measured for entering freshmen by high school grade point average, rank and scores on standardized college entrance examination, and for continuing or transfer college students by its college grade point average;

(2) geographical area of intended nursing practice;

(3) financial need;

(4) whether the person is receiving Temporary Assistance for Needy Families or participates in an other public welfare program;

(5) employment by a state agency;

(6) employment on a nursing school faculty of an eligible institution; and

(7) whether the person at the time of application to participate in the scholarship program is a practicing nurse in an area with an acute nursing shortage or is likely to practice in such an area.

Comments

Source Note: The provisions of this §22.125 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3950

§22.126: Award Amounts and Uses

(a) Funding. Funds awarded through this program may not exceed the amount appropriated by the Legislature for that program plus any gifts, grants and donations of real or personal property from any entity, subject to limitations or conditions set by law, for the purposes of this subchapter.

(b) Award Amounts and Disbursements. The maximum award for a student through any of the programs is the lesser of the student's financial need or the program maximum as stated below:

(1) for the Scholarship Program for Rural Professional Nursing Students--$1,500 per year for those enrolled in an associate degree program; $2,500 for each student enrolled in a baccalaureate or graduate degree program;

(2) for the Scholarship Program for Licensed Vocational Nurses Becoming Professional Nurses--$1,500 for students enrolled in an associate degree program; $2,500 for those enrolled in a baccalaureate or graduate degree program;

(3) for the Scholarship Program for Rural BSN and Graduate Nursing Students--$2,500 per year; and

(4) for the General Scholarship for Professional Nursing Students--$2,000 per year.

(c) Uses. No scholarship disbursed to a student may be used for any purpose other than for meeting the cost of attending an approved institution.

(d) Over Awards. At the time an award is made to a student, it may not exceed the student's need. No future adjustment is required, however, if subsequent awards during the student's period of enrollment cause an over award of $300 or less.

Comments

Source Note: The provisions of this §22.126 adopted to be effective August 16, 2004, 29 TexReg 7985

§22.127: Allocations

Each participating institution will receive a share of the program funds based on its share of the statewide relevant professional nursing student enrollment. Funds allocated to institutions may be used to make awards through any of the programs established by this subchapter.

Comments

Source Note: The provisions of this §22.127 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3950

§22.128: Disbursements to Institutions

Program officers will submit fund request forms to the Board periodically to request funds for immediate disbursement to students. Such funds are to be released to students or applied to student accounts within five working days of the funds' arrival at the institution or the institution's fiduciary agent.

Comments

Source Note: The provisions of this §22.128 adopted to be effective August 16, 2004, 29 TexReg 7985; amended to be effective May 21, 2008, 33 TexReg 3950

§22.129: Retroactive Disbursements

(a) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(1) owes funds to the institution for the period of enrollment for which the award is being made; or

(2) received a student loan that is still outstanding for the period of enrollment for which the award is being made.

(b) Funds that are disbursed after the end of the student's period of enrollment must either be used to pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

Comments

Source Note: The provisions of this §22.129 adopted to be effective May 21, 2008, 33 TexReg 3952

§22.130: Advisory Committee

(a) The Board shall appoint an advisory committee to advise the Board concerning assistance provided under this subchapter to professional nursing students.

(1) The advisory committee shall consist of:

(A) a chair named by the Board;

(B) one representative named by the Texas Nurses Association;

(C) one representative named by the Texas Organization of Nurse Executives;

(D) one representative named by the Board of Nurse Examiners;

(E) a head of each of the three types of professional nursing educational programs, named by the deans and directors of nursing programs in this state;

(F) a representative of graduate nursing education named by the deans and directors of nursing programs in this state;

(G) one representative named by the Texas Health Care Association; and

(H) one representative named by the Texas Association of Homes for the Aging.

(2) The costs of participation on an advisory committee of a member representing a particular organization or agency shall be borne by that member or the organization or agency the member represents.

(b) The duties of the advisory committee shall be to:

(1) advise the Board on appropriate rules for the Professional Nursing Student Scholarship Programs;

(2) advise the Board on the priorities of emphasis among the scholarship, the matching fund employment program found in Chapter 21, Subchapter T of this title (relating to the Matching Fund Employment Program for Professional Nursing Students) and loan repayment program found in Chapter 21, Subchapter P of this title (relating to the Professional Nurses' Student Loan Repayment Program), provided for in Texas Education Code, Chapter 61, Subchapter L;

(3) advise the Board on the amount of money needed to fund adequately the Professional Nursing Student Scholarship Programs;

(4) advise the Board on the establishment of priorities among the criteria for consideration of application approval which are named in Texas Education Code, Chapter 61, Subchapter L, and in these rules; and

(5) assist the Board in the dissemination of information on the Professional Nursing Student Scholarship Programs.

Comments

Source Note: The provisions of this §22.130 adopted to be effective May 21, 2008, 33 TexReg 3952

§22.131: Dissemination of Information and Rules

The Board and its advisory committees are responsible for publishing and disseminating general information and program rules for the programs described in this subchapter.

Comments

Source Note: The provisions of this §22.131 adopted to be effective May 21, 2008, 33 TexReg 3952

Subchapter H

§22.141: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Transportation Code regarding Collegiate License Plates. These rules establish procedures to administer the subchapter as prescribed in the Texas Transportation Code, §504.615, generally known as the License Plate Insignia Scholarship Program.

(b) Purpose. The purpose of the License Plate Insignia Scholarship Program is to provide financial assistance to needy students attending eligible public or independent colleges or universities in Texas.

Comments

Source Note: The provisions of this §22.141 adopted to be effective August 16, 2004, 29 TexReg 7986; amended to be effective August 25, 2008, 33 TexReg 6816

§22.142: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Cost of Attendance--A Board-approved estimate of the expenses incurred by a typical financial aid recipient in attending a particular college or university. It includes direct educational costs (tuition, fees, books and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(3) Department--Texas Department of Transportation.

(4) Expected Family Contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(5) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution and any gift aid for which the student is entitled. The cost of education and family contribution figures are to be determined in accordance with Board guidelines. Federal and state veterans' educational and special combat pay benefits are not to be considered in determining a student's financial need.

Comments

Source Note: The provisions of this §22.142 adopted to be effective August 16, 2004, 29 TexReg 7986; amended to be effective August 25, 2008, 33 TexReg 6816; amended to be effective May 26, 2010, 35 TexReg 4157

§22.143: Institutions

(a) Eligibility.

(1) Any college or university defined as a public, private or independent institution of higher education by Texas Education Code, §61.003, is eligible to participate in the License Plate Insignia Scholarship Program.

(2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval. Each approved institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the institution and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

(3) Reporting Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include the Financial Aid Database Report as well as progress and year-end reports of program activities.

(4) In addition, the institution must meet the Department of Transportation's requirements for designing and issuing license plates bearing the institution's insignia.

Comments

Source Note: The provisions of this §22.143 adopted to be effective August 16, 2004, 29 TexReg 7986

§22.144: Eligible Students

In order to qualify for an award through this program a student must demonstrate financial need.

Comments

Source Note: The provisions of this §22.144 adopted to be effective August 16, 2004, 29 TexReg 7986

§22.145: Award Amounts and Uses

(a) Funding. No awards may be made by an institution in excess of the amount of money on balance at the State Comptroller's Office for that institution, generated through the sale of special license plates bearing the institution's insignia.

(1) The License Plate Insignia Scholarship Program is funded through funds paid to the department for the purchase of automobile license plates bearing the insignia of Texas colleges and universities. The amount of money available for scholarships to students at each institution will depend on the number of license plates purchased with that school's insignia.

(2) Funds for license plates bearing the insignia of public senior colleges and universities will be held on deposit by the State Comptroller's Office, for the institutions to draw down as needed. Funds for license plates bearing the insignia of other public, private and independent institutions will be deposited in the State Treasury to the credit of the Board, which in turn will allocate the funds to the relevant institutions.

(b) Award Amount. No award received through this program may exceed a student's financial need.

(c) Uses. No scholarship disbursed to a student may be used for any purpose other than for meeting the cost of attending an approved institution. Institutions may use funds generated through the sale of license plates under Texas Transportation Code, §504.615, to issue need-based grants through the Texas Public Educational Grant Program, authorized in Texas Education Code, §§56.031 - 56.039.

(d) Over Awards. If, at a time after an award has been offered by the institution and accepted by the student, the student receives assistance that was not taken into account in the student's estimate of financial need, so that the resulting sum of assistance exceeds the student's financial need, the institution is not required to adjust the award under this program unless the sum of the excess resources is greater than $300.

Comments

Source Note: The provisions of this §22.145 adopted to be effective August 16, 2004, 29 TexReg 7986; amended to be effective November 28, 2005, 30 TexReg 7869

§22.146: Allocations and Reallocations

Each institution will have at its disposal the portion of funds generated through the sale of its own license plates in accordance with Texas Transportation Code, §504.615.

Comments

Source Note: The provisions of this §22.146 adopted to be effective August 16, 2004, 29 TexReg 7986; amended to be effective August 25, 2008, 33 TexReg 6816

§22.147: Disbursements

Awards are to be made to eligible students at each institution in accordance with these rules and regulations.

(1) For public senior colleges and universities. The department deposits funds from purchased license plates directly into the institution's account at the State Comptroller's Office. Therefore, public senior colleges and universities may draw from those funds as appropriate to make awards to eligible students.

(2) For other public institutions. Funds will be made available to the institution through the Board. At least once per quarter, the Board will send the institution a state warrant for the amount of License Plate Insignia Scholarship funds generated through the sale of license plates and deposited by the department in the State Comptroller's Office for that institution.

(3) For private or independent institutions. At the beginning of each fiscal year and periodically as funds are deposited in the State Comptroller's Office by the department, the Board will notify the institution as to the amount of funds available for awarding as scholarships. On receipt of a student's application and certification by the financial aid officer of the amount of the scholarship for which the student is eligible, the Board shall forward funds to the institution for disbursement to the students.

Comments

Source Note: The provisions of this §22.147 adopted to be effective August 16, 2004, 29 TexReg 7986; amended to be effective August 25, 2008, 33 TexReg 6816

§22.148: Dissemination of Information and Rules

The Board is responsible for publishing and disseminating general information and program rules for the program described in this subchapter.

Comments

Source Note: The provisions of this §22.148 adopted to be effective August 16, 2004, 29 TexReg 7986

Subchapter I

§22.161: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter N, Scholarships for Fifth-Year Accounting Students. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§61.751 - 61.758.

(b) The purpose of the Fifth-Year Accounting Student Scholarship Program is to promote the professional and educational needs of the state; increase the number of highly trained and educated professional accountants available to serve the residents of this state; improve the state's business environment and encourage economic development and financial stability; and identify, recognize and support outstanding scholars who plan to pursue careers in accounting.

Comments

Source Note: The provisions of this §22.161 adopted to be effective August 16, 2004, 29 TexReg 7987

§22.162: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(3) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college or university. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(4) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(5) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines.

(6) Half-time student--For undergraduates, a person who is enrolled or is expected to be enrolled for the equivalent of six or more semester credit hours. For graduate students, a person who is enrolled or expected to be enrolled for the equivalent of 4.5 or more semester credit hours.

(7) Institution--Public and private or independent institutions of higher education as defined in Texas Education Code, §61.003.

(8) Period of enrollment--The term or terms within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all the eligibility requirements for an award through the program described in this chapter.

(9) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(10) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

Comments

Source Note: The provisions of this §22.162 adopted to be effective August 16, 2004, 29 TexReg 7987; amended to be effective August 21, 2005, 30 TexReg 4650; amended to be effective August 25, 2008, 33 TexReg 6817

§22.163: Institutions

(a) Eligibility.

(1) Any college or university defined as a public, private or independent institution of higher education by Texas Education Code, §61.003, is eligible to participate in the Fifth-Year Accounting Student Scholarship Program.

(2) No institution may, on the grounds of race, color, national origin, gender, religion, age or disability exclude an individual from participation in, or deny the benefits of the program descried in this subchapter.

(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each approved institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive scholarships in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise scholarship recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the institution and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of scholarship funds shall be permitted to students at that institution until the funds have been repaid.

(d) Reporting.

(1) Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of scholarship funds (including the Financial Aid Database Report) as well as progress and year-end reports.

(2) Penalties for Late Reports.

(A) An institution that postmarks or electronically submits a progress report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.

(B) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each progress report that is postmarked or submitted electronically more than a week late.

(C) The Commissioner may assess more severe penalties against an institution if any report is received by the Board more than one month after its due date. The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked two consecutive years, the institution may be penalized an additional 20 percent.

(3) Appeals. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title.

(e) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the Fifth-Year Accounting Student Scholarship Program.

Comments

Source Note: The provisions of this §22.163 adopted to be effective August 16, 2004, 29 TexReg 7987

§22.164: Eligible Students

(a) To receive funds, a student must:

(1) be enrolled on at least a half-time basis at an approved institution;

(2) maintain satisfactory academic progress in his or her program of study as defined by the institution; and

(3) have completed at least 120 credit hours of college work, including at least 15 hours of accounting;

(4) sign a written statement confirming his/her intent to take the written examination conducted by the Texas State Board of Public Accountancy for the purpose of granting a certificate of "certified public accountant";

(5) confirm he or she has not yet taken the CPA examination;

(6) maintain a cumulative grade point average, as determined by the institution, that is equal to or greater than the grade point average required by the institution for graduation;

(7) be enrolled in the additional hours of study required by Texas Occupation Code, §901.256(2)(A) (concerning Work Experience Requirements);

(8) be a resident of Texas; and

(9) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.

(b) In selecting recipients the Program Officer shall consider at a minimum the following factors relating to each applicant:

(1) financial need, which acts as an upper limit to the amount the student may receive and cannot equal less than the amount calculated in accordance with the formula provided institutions in the application instructions;

(2) scholastic ability and performance as measured by the student's cumulative college grade point average as determined by the institution in which the student is enrolled; and

(3) ethnic or racial minority status.

Comments

Source Note: The provisions of this §22.164 adopted to be effective August 16, 2004, 29 TexReg 7987; amended to be effective August 25, 2008, 33 TexReg 6817

§22.165: Award Amounts and Uses

(a) Funding. Funds awarded through this program may not exceed the amount appropriated by the Legislature for that program plus any gifts, grants and donations of real or personal property from any entity, subject to limitations or conditions set by law, for the purposes of this subchapter.

(b) Award Amount and Disbursements.

(1) The maximum annual award for a student through this program is an amount set by the advisory committee and announced to institutions in the allocation announcement sent out for the relevant year, less any amount received through this program in the past.

(2) No individual may receive an aggregate total of more than the amount set by the advisory committee and announced to institutions in the allocation announcement through the program.

(3) An individual student's scholarship is to be paid out in the form of at least one disbursement per semester.

(c) Uses. No scholarship disbursed to a student may be used for any purpose other than for meeting the cost of attending an approved institution.

(d) Over Awards. At the time an award is made to a student, it may not exceed the student's need. No future adjustment is required, however, if subsequent awards during the student's period of enrollment cause an over award of $300 or less.

Comments

Source Note: The provisions of this §22.165 adopted to be effective August 16, 2004, 29 TexReg 7987; amended to be effective August 16, 2007, 32 TexReg 4982

§22.166: Allocations and Reallocations

(a) Allocations. The Board, with the assistance of the Advisory Committee, shall develop a formula for allocating funds to participating institutions in a way to best fulfill the goals of the program. At a minimum, the total number of accounting degrees issued and the number of African-American and Hispanic students who receive accounting degrees at each participating institution shall be considered in determining the allocation formula.

(b) Reallocations. Unless otherwise indicated, institutions will have until a date specified by the Board via a policy memo addressed to the Program Officer at the institution to encumber all funds allocated to them. On that date, institutions lose claim to any unencumbered funds and the unencumbered funds are available to the Board for reallocation to other institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

Comments

Source Note: The provisions of this §22.166 adopted to be effective August 16, 2004, 29 TexReg 7987; amended to be effective August 21, 2005, 30 TexReg 4650

§22.167: Disbursements to Institutions

Requests for program funds for eligible students shall be made by the Program Officer and program funds, up to the maximum allocation for the institution, shall be disbursed to the institution for immediate release to the students or immediate application to the students' accounts at the institution. Requests for program funds may be made at any time during the academic year prior to the reallocation deadline.

Comments

Source Note: The provisions of this §22.167 adopted to be effective August 16, 2004, 29 TexReg 7987; amended to be effective August 21, 2005, 30 TexReg 4650

§22.168: Retroactive Disbursements

(a) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(1) owes funds to the institution for the period of enrollment for which the award is being made; or

(2) received a student loan that is still outstanding for the period of enrollment for which the award is being made.

(b) Funds that are disbursed retroactively must either be used to pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

Comments

Source Note: The provisions of this §22.168 adopted to be effective August 21, 2005, 30 TexReg 4651

§22.169: Advisory Committee

(a) The Board shall appoint an advisory committee to advise the Board concerning assistance provided under this subchapter to fifth-year accounting students.

(1) The advisory committee shall consist of:

(A) a chair named by the Board;

(B) one representative named by the Texas State Board of Public Accountancy;

(C) one representative named by the Texas Society of Certified Public Accountants;

(D) a Texas representative of the American Accounting Association named by that organization;

(E) one representative named by the National Association of Black Accountants;

(F) one representative named by the American Association of Hispanic Certified Public Accountants; and

(G) two representatives named by the Board who are the chairs of accounting departments at Texas colleges and universities, at least one of whom must be a representative of a private college or university and at least one other of whom must be a representative from a college or university that primarily serves minority students.

(2) The costs of participation on an advisory committee of a member representing a particular organization or agency shall be borne by that member or the organization or agency the member represents.

(b) The duties of the advisory committee shall be to advise the Board on:

(1) how the scholarships provided for under this subchapter should be established and administered to best promote the public purpose of the scholarships;

(2) the amount of money needed to adequately fund the scholarship program;

(3) setting priorities among the factors identified by §22.164(b) of this title (relating to Eligible Students).

Comments

Source Note: The provisions of this §22.169 adopted to be effective August 21, 2005, 30 TexReg 4651

§22.170: Reporting Requirements

Before January 15 of each odd-numbered year, the Board shall report to the Legislature concerning the scholarship program. The report must include:

(1) the number and amount of scholarships awarded in the two calendar years preceding the year in which report is due; and

(2) the number of minority students, by racial or ethnic background, who have been awarded scholarships during that two-year period.

Comments

Source Note: The provisions of this §22.170 adopted to be effective August 21, 2005, 30 TexReg 4651

§22.171: Dissemination of Information and Rules

The Board is responsible for publishing and disseminating general information and program rules for the program described in this subchapter.

Comments

Source Note: The provisions of this §22.171 adopted to be effective August 21, 2005, 30 TexReg 4651

Subchapter J

§22.181: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Labor Code, Title 4, Chapter 305, Subchapters A and B, Texas Career Opportunity Grant (TCOG) Program, and a Memorandum of Understanding entered into by the Texas Higher Education Coordinating Board and Texas Workforce Commission. This subchapter establishes procedures to administer the two subchapters as prescribed in the Texas Labor Code, §§305.001 - 305.029.

(b) Purpose. The purpose of this program is to help ensure a qualified workforce to meet the needs of this state by reducing financial barriers to postsecondary career education and training for economically disadvantaged Texans as set out in Texas Labor Code, §305.001, by providing grants to eligible students attending an eligible career school or college.

Comments

Source Note: The provisions of this §22.181 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.182: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Career School or College--A school or college identified by the Texas Workforce Commission as meeting the requirements set out in the Texas Education Code, Title 3, Chapter 132, §132.001(1).

(3) Commission--The Texas Workforce Commission.

(4) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(5) Cost of Attendance--An estimate of the expenses incurred by a typical financial aid student in attending a particular eligible institution approved by Board staff. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(6) Covered Person--Any of the following individuals:

(A) A veteran.

(B) The spouse of any of the following individuals:

(i) Any veteran who died of a service-connected disability.

(ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to the United States Code, §556 of Title 37, and regulations issued thereunder, by the Secretary concerned in one of more of the following categories and has been so listed for a total of more than 90 days: missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned in the line of duty by a foreign government or power.

(iii) Any veteran who has a total disability resulting from a service-connected disability.

(iv) Any veteran who died while a disability so evaluated was in existence.

(7) Discharge or Release--

(A) Retirement from the active military, naval, or air service; or

(B) The satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for a discharge or release under conditions other than dishonorable.

(8) Expected Family Contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(9) Financial Need--The cost of attendance at a particular eligible institution less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board staff guidelines.

(10) Full-time Enrollment--

(A) At least 12 semester hours or 12 quarter hours per academic term in an educational program using a semester, trimester, or quarter system;

(B) At least 24 semester hours or 36 quarter hours per academic year for an educational program using credit hours but not using a semester, trimester, or quarter system, or the prorated equivalent for a program of less than one academic year;

(C) At least 24 clock hours per week for an educational program using clock hours;

(D) A series of courses or seminars equaling at least 12 semester or quarter hours over a maximum of 18 weeks;

(E) For a program that measures credit hours and uses nonstandard terms, the number of weeks of instruction in the term divided by the number of weeks of instruction in the academic year, multiplied by the number of credit hours in the academic year.

(11) Half-time Enrollment--Half of the minimum enrollment levels for Full-time Enrollment.

(12) Non-Service-Connected--With respect to a veteran's disability or death, such disability that was not incurred or aggravated, or that resulted in death, while serving in the line of duty in the active military, naval, or air service.

(13) Program Officer--The individual named by each participating eligible institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(14) Qualified Education Program--A program identified by the Texas Workforce Commission as delivered by an eligible institution; results in a certificate or degree; is at least 30 weeks in length and meets or exceeds 24 semester credit hours, 36 quarter credit hours, or 900 clock hours; and delivers occupational training associated with an occupation included on the Statewide Occupations List compiled by the Texas Workforce Commission.

(15) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(16) Service-Connected--With respect to a veteran's disability or death, such disability that was incurred or aggravated, or that resulted in death, while serving in the line of duty in the active military, naval, or air service.

(17) State Fiscal Year--A 12-month period beginning September 1 and ending August 31, for which state funding for the TCOG Program grant is appropriated.

(18) Tuition and Required Fees--Charges that an institution assesses a student as a condition of enrollment at the institution or in a specific course.

(19) Veteran--A person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable.

Comments

Source Note: The provisions of this §22.182 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.183: Eligible Institutions

(a) Eligibility.

(1) To be eligible to participate in the TCOG Program, a career school or college must be identified by the Texas Workforce Commission as meeting the requirements set out in the Texas Labor Code, Title 4, Chapter 305, §305.002(3).

(2) No eligible institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each eligible institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each approved eligible institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. Beginning with spring 2010, an institution must be approved as eligible by the Texas Workforce Commission by June 1 of a given year in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the eligible institution is placed on public probation by its accrediting agency, it must immediately advise the Board staff and grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The eligible institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an eligible institution has disbursed funds for unauthorized purposes, Board staff will notify the Program Officer and financial aid officer and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if Board staff determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

(3) Reporting and Refunds.

(A) Requirements/Deadlines. All eligible institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

(B) Penalties for Late Reports or Refunds.

(i) An institution that postmarks or electronically submits a progress report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.

(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is timely, but refunds owed to the Program by the eligible institution are not made to the Board or the State Comptroller's Office within one week after due.

(iii) The Commissioner may assess more severe penalties against an institution if any report or refund is received by the Board more than one month after its due date.

(iv) The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked in two consecutive years the institution may be penalized an additional 20 percent.

(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer, with a copy sent to the financial aid officer. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Commissioner's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title.

(4) Program Reviews. If selected for such by Board staff, participating eligible institutions must submit to program reviews of activities related to the TCOG Program.

Comments

Source Note: The provisions of this §22.183 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.184: Eligible Students

(a) To receive an initial award through the TCOG Program, a student must:

(1) be a resident of Texas;

(2) show financial need;

(3) be enrolled in a qualified education program at a participating eligible institution;

(4) be enrolled on at least a half-time basis;

(5) be required to pay more tuition and required fees than the amount required at a public technical institution;

(6) be charged not less than the regular tuition and required fees paid by other students enrolled at the institution the person attends;

(7) meet the school's financial aid academic progress requirements;

(8) not be in default on a loan made under the Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, or the State of Texas' College Access Loan Program, Health Education Loan Program or B-On-Time Loan Program; and

(9) not owe a refund on a grant received under the federal Pell Grant Program or the federal Supplemental Education Opportunity Grant program.

(b) An eligible applicant who is a covered person and is enrolled in a qualified education program shall be given priority over other eligible applicants for the grants.

Comments

Source Note: The provisions of this §22.184 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.185: Award Amounts and Adjustments

(a) Funding. Funds awarded through this program may not exceed the amount of appropriations, gifts, grants and other funds that are available for this use.

(b) Award Amounts.

(1) The amount of a TCOG Program award may not exceed the least of:

(A) the maximum grant specified by the Texas Legislature;

(B) the applicant's financial need;

(C) the amount by which the tuition and required fees at the eligible institution exceeds the average amount of tuition and required fees that would be charged at a public technical institute as determined by the Board; or

(D) an amount equal to 50 percent of the average state appropriation in the biennium preceding the biennium in which the grant is made for a full-time student or the equivalent at a public technical institute, as determined by the Board.

(2) The student's award amount shall be calculated based on the following schedule:

(A) if enrolled for at least full-time status - 100% of the maximum award;

(B) if enrolled for at least 75% of full-time status - 75% of the maximum award;

(C) if enrolled for at least 50% of full-time status - 50% of the maximum award;

(D) if enrolled for less than 50% of full-time status - the student is not eligible for an award.

(c) Uses. A person receiving a TCOG Program grant may only use the money to pay any usual and customary cost of attendance incurred by the person at an eligible institution.

Comments

Source Note: The provisions of this §22.185 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.186: Allocation and Reallocation of Funds

(a) Allocations. Funds available for awards will be allocated among participating eligible institutions on an annual basis.

(b) Reallocations. Participating eligible institutions will have until a date specified by Board staff via a policy memo addressed to the Program Officer at the eligible institution to encumber the program funds that have been allocated to them. On that date, participating eligible institutions lose claim to any funds not yet drawn down from the Board for immediate disbursement to students, and the funds released in this manner are available to the Board for reallocation to other participating eligible institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

(c) Disbursement of Funds to Participating Eligible Institutions. As requested by participating institutions throughout the academic year, Board staff shall forward to each participating eligible institution a portion of its allocation of funds for immediate release to students or immediate application to student accounts at the institution.

(d) Disbursement of Funds to Students. Participating eligible institutions must disburse TCOG Program funds to eligible students or apply the funds to eligible students' outstanding balances at the institution for the current academic year within five working days of the funds' arrival at the eligible institution's fiduciary institution.

Comments

Source Note: The provisions of this §22.186 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.187: Dissemination of Information and Rules

Board staff shall distribute to each eligible institution a copy of the rules adopted under this subchapter. Board staff and the Commission are responsible for publishing and disseminating general information and program rules for the program described in this subchapter.

Comments

Source Note: The provisions of this §22.187 adopted to be effective May 26, 2010, 35 TexReg 4157

§22.188: Annual Report

(a) Each eligible institution participating in the TCOG Program shall report to the Board on a state fiscal year basis:

(1) the number of students receiving awards, broken down by the race or ethnicity of the recipients; and

(2) the number of students attending the eligible institution, broken down by race or ethnicity.

(b) The Board shall deliver the information collected from each eligible institution to the Commission annually.

(c) The Board and the Commission shall jointly prepare, sign and deliver to the Texas Legislature an annual report regarding the Texas Career Opportunity Grant Program.

Comments

Source Note: The provisions of this §22.188 adopted to be effective May 26, 2010, 35 TexReg 4157

Subchapter K

§22.196: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in House Bill 1, General Appropriations Act of the 80th Texas Legislature, §55, (III-58).

(b) Purpose. The purpose of this program is to encourage outstanding high school graduates who graduate within the top 10 percent of their high school graduating classes to attend a public college or university in Texas.

Comments

Source Note: The provisions of this §22.196 adopted to be effective March 2, 2009, 34 TexReg 1431

§22.197: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Accredited High School--A high school that is accredited by the Texas Education Agency or recognized by the Texas Private School Accreditation Commission.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Board Staff--The staff of the Texas Higher Education Coordinating Board.

(4) Cost of attendance--A Board Staff-approved estimate of the expenses incurred by a typical student in attending a particular college. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(5) Expected Family Contribution (EFC)--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(6) Financial need--For this program, financial need is the cost of attendance less the expected family contribution less the Pell Grant eligibility amount. The cost of attendance and family contribution are to be determined in accordance with Board guidelines.

(7) Full-time enrollment--Enrollment of at least 12 semester credit hours.

(8) Institution of Higher Education--Any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003(6).

(9) Pell Grant--Educational federal grant program sponsored by the U.S. Department of Education. Grants are awarded based on a "financial need" formula determined by the U.S. Congress using criteria submitted through the Free Application for Federal Student Aid (FAFSA).

(10) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(11) Recommended or Distinguished Achievement High School Program--The high school college preparatory curriculum required under Texas Education Code §28.025(a).

(12) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B, of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students eligible to pay resident tuition rates are not included.

(13) Scholarship--An award of gift aid that does not have to be repaid by the student or earned through service or performance.

(14) Shortage fields--Workforce fields where there are a shortage of qualified workers as determined by the Commissioner of Higher Education.

Comments

Source Note: The provisions of this §22.197 adopted to be effective March 2, 2009, 34 TexReg 1431

§22.198: Relevant Institutions

The provisions of this subchapter apply to persons attending any Texas institution of higher education.

Comments

Source Note: The provisions of this §22.198 adopted to be effective March 2, 2009, 34 TexReg 1431

§22.199: Eligible Students

To qualify for an award through this subchapter, a student must:

(1) have graduated from an accredited high school in Texas while ranked in the top 10 percent of his or her graduating class (based on the student's ranking at the end of his or her seventh semester unless an institution of higher education uses a different semester in determining eligibility for admissions);

(2) have completed the Recommended or Distinguished Achievement High School Program in an accredited high school or its equivalent;

(3) complete the Free Application for Federal Student Aid (FAFSA);

(4) have unmet financial need when using the formula "Cost of Attendance minus EFC minus Pell Grants;"

(5) enroll in an institution of higher education in Texas the fall semester immediately following high school graduation;

(6) be a Texas resident; and

(7) be enrolled full-time.

Comments

Source Note: The provisions of this §22.199 adopted to be effective March 2, 2009, 34 TexReg 1431

§22.200: Award Amounts and Notification of Potential Recipients

(a) Funding. The statewide aggregate of funds awarded may not exceed the amount appropriated for that purpose.

(b) Award Amount. Award amounts through this program may not exceed $2,000 unless the student is classified as a junior or senior at a public institution in Texas with a declared major in a shortage field and meets the satisfactory academic progress requirements outlined in §22.201 of this title (relating to Satisfactory Academic Progress), in which case the student may be eligible for a bonus of $2,000 to the extent funds are available for such. The total award amount for students with declared majors in shortage fields may not exceed $4,000.

(c) Notification of Potential Recipients. Each high school will submit names and addresses of students who may be eligible for the scholarship according to criteria developed by Coordinating Board staff.

Comments

Source Note: The provisions of this §22.200 adopted to be effective March 2, 2009, 34 TexReg 1431; amended to be effective August 26, 2009, 34 TexReg 5688

§22.201: Satisfactory Academic Progress

(a) To the extent funds are available, students may receive continuation awards if they meet the satisfactory academic progress requirements outlined in this section.

(b) Unless qualifying for an exception in keeping with subsection (d) of this section, to qualify for an award in a subsequent year, each recipient of the Top 10 Percent Scholarship shall meet the following academic progress requirements as of the end of his or her most recent academic year:

(1) complete at least 75 percent of the hours attempted in his or her most recent twelve-month academic year, as determined by institutional policies;

(2) complete at least 30 semester credit hours in his or her most recent twelve-month academic year; and

(3) maintain an overall grade-point average of at least 3.25 on a four-point scale or its equivalent for all coursework completed at his or her current institution of higher education. A recipient who does not meet the academic progress requirements of his or her institution may not receive an award until the institution has determined that the student has raised his or her academic performance and program requirements have been met.

(c) For students with declared majors in shortage areas at the end of the sophomore and junior year, each recipient of the Top 10 Percent Scholarship shall meet the following academic progress requirements to qualify for a subsequent award to the extent funds are available for such:

(1) complete at least 75 percent of the hours attempted in his or her most recent twelve-month academic year, as determined by institutional policies;

(2) complete at least 30 semester credit hours in his or her most recent twelve-month academic year; and

(3) maintain an overall grade-point average of at least 3.0 on a four-point scale or its equivalent for all coursework completed at his or her current institution of higher education. A recipient who does not meet the academic progress requirements may not receive an award until the institution has determined that the student has raised his or her academic performance and program requirements have been met.

(d) A grant recipient who is below program grade-point average requirements as of the end of a spring or summer term may appeal his or her grade-point average calculation if he or she has taken courses previously at one or more different institutions. In the case of such an appeal, the current institution (if presented with transcripts from the previous institutions) shall calculate an overall grade-point average, counting all classes and grade points previously earned. If the resulting grade-point average exceeds the program's academic progress requirement, a student may receive an award in the following fall term.

(e) Unless granted a hardship postponement in accordance with subsection (f) of this section, a student's eligibility for a Top 10 Percent Scholarship ends four years from the start of the semester or term in which the student received his or her first disbursement of an initial Top 10 Percent award.

(f) In the event of a hardship or for other good cause, the program officer at an eligible institution may allow an otherwise eligible person to receive a Top 10 Percent Scholarship award while the student's grade-point average or completion rate or number of completed hours falls below the satisfactory academic progress requirements of subsection (a) or (b) of this section. Such conditions are not limited to, but include:

(1) a showing of a severe illness or other debilitating condition that may affect the student's academic performance;

(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or

(3) the requirement of fewer than twelve hours to complete one's degree plan.

(g) The program officer may grant an extension of the year limits found in subsection (c) of this section in the event of hardship. Documentation justifying the extension must be kept in the student's files and the institution must identify students granted extensions and the length of their extensions to the Board Staff so that it may appropriately monitor each student's period of eligibility.

(h) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.

Comments

Source Note: The provisions of this §22.201 adopted to be effective March 2, 2009, 34 TexReg 1431

§22.202: Processing and Awarding Cycle

(a) The Board Staff is responsible for publishing and disseminating general information and program rules for the program described in this subchapter.

(b) Institutions of higher education will be responsible for collecting information necessary to identify eligible students. All eligible students must be notified of their awards on their financial aid award letter/notification.

(c) Form of Award: Institutional Reimbursement. Institutions shall exempt recipients from the payment of tuition and fees (up to the amount of the scholarship) and then request reimbursement from the Board Staff.

(d) Requesting Reimbursements. To request reimbursement for student awards, institutions must complete and submit a Request for Reimbursement Form designed and distributed by the Board Staff.

(e) Disbursements by the Board Staff. The Board Staff will process institutional Requests for Reimbursement at least once a month and will subsequently have appropriate amounts transferred to institutions or the institutions' fiduciary agents by the State Comptroller's office.

Comments

Source Note: The provisions of this §22.202 adopted to be effective March 2, 2009, 34 TexReg 1431

Subchapter L

§22.225: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Subchapter M, Toward EXcellence, Access & Success (TEXAS) Grant Program. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §§56.301 - 56.311.

(b) Purpose. The purpose of this program is to provide grants of money to enable eligible students to attend public and private institutions of higher education in this state.

Comments

Source Note: The provisions of this §22.225 adopted to be effective August 16, 2004, 29 TexReg 7988

§22.226: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Awarded--Offered to a student.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(4) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(5) Degree or certificate program of four years or less--A baccalaureate degree or certificate program other than in architecture, engineering or any other program determined by the board to require four years or less to complete.

(6) Degree or certificate program of more than four years--A baccalaureate degree or certificate program in architecture, engineering or any other program determined by the board to require more than four years to complete.

(7) Enrolled on at least a three-quarter basis--Enrolled for the equivalent of nine semester credit hours in a regular semester.

(8) Entering undergraduate--A student enrolled in the first 30 semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.

(9) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(10) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines. Federal and state veterans' educational and special combat pay benefits are not to be considered in determining a student's financial need.

(11) Initial year award--The grant award made in the student's first year in the TEXAS Grant program, typically made up of a fall and spring disbursement.

(12) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003(8).

(13) Period of enrollment--The term or terms within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all the eligibility requirements for an award through this program.

(14) Private or Independent Institution of Higher Education--Any college or university defined as a private or independent institution of higher education by Texas Education Code, §61.003(15).

(15) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(16) Recommended or advanced high school programs--The curriculum specified in the Texas Education Code, §28.025, and the rules promulgated there under by the State Board of Education.

(17) Required fees--A mandatory fee (required by statute) or discretionary fee (authorized by statute, imposed by the governing board of an institution) that an institution charges to a student as a condition of enrollment at the institution or in a specific course.

(18) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(19) Tuition--Statutory tuition, designated and/or Board-authorized tuition.

Comments

Source Note: The provisions of this §22.226 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7869; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective May 26, 2010, 35 TexReg 4159

§22.227: Institutions

(a) Eligibility.

(1) Institutions and private or independent institutions of higher education are eligible to participate in the TEXAS Grant program.

(2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each approved institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise the Board and grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the Program Officer and financial aid officer and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

(3) Reporting and Refunds.

(A) Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

(B) Penalties for Late Reports or Refunds.

(i) An institution that postmarks or electronically submits a report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.

(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10% for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is timely, but refunds owed to the Program by the institution are not made to the Board or the State Comptroller's Office within one week after due.

(iii) The Commissioner may assess more severe penalties against an institution if any report or refund is received by the Board more than one month after its due date.

(iv) The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked in two consecutive years the institution may be penalized an additional 20 percent.

(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer with a copy sent to the financial aid officer. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title (relating to Agency Administration).

(4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the TEXAS Grant Program.

Comments

Source Note: The provisions of this §22.227 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7869

§22.228: Eligible Students

(a) To receive an initial award through the TEXAS Grant Program, a student must:

(1) be a resident of Texas;

(2) show financial need;

(3) have applied for any available financial aid assistance;

(4) not have been granted a baccalaureate degree;

(5) be a graduate of an accredited high school in this state not earlier than the 1998-99 school year;

(6) have completed the Recommended or Advanced High School Program, or if a graduate of a private high school, its equivalent, unless the student:

(A) graduated from a public high school that has been certified by its district not to offer all the courses necessary to complete all parts of the Recommended or Advanced High School Program, and the student has completed all courses that the high school offered toward the completion of such a curriculum; or

(B) did not graduate under the Recommended or Advanced High School Program as anticipated when the award was made;

(C) has received an associate degree from an eligible institution no earlier than May 1, 2001;

(7) enroll in an undergraduate degree or certificate program at an approved institution on at least a three-quarter time basis:

(A) not later than the end of the 16th month after high school graduation, if an entering undergraduate student; or

(B) not later than the end of the 12th month after a student has received an associate degree;

(8) have a statement on file with his or her institution that indicates the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law;

(9) have an expected family contribution that does not exceed the limit set by the Board for the relevant state fiscal year; and

(10) if awarded the grant on or after September 1, 2005, be enrolled in an institution of higher education.

(b) To receive a continuation award through the TEXAS Grant Program, a student must:

(1) have previously received an initial award through this program;

(2) show financial need;

(3) be enrolled at least three-quarter time unless granted a hardship waiver of this requirement under §22.231 of this title (relating to Hardship Provisions);

(4) be enrolled in an undergraduate degree or certificate program at an approved institution;

(5) not have been granted a baccalaureate degree;

(6) have a statement on file with his or her institution that indicates the student is registered with the selective service system as required by federal law or is exempt from selective service registration under federal law;

(7) make satisfactory academic progress towards an undergraduate degree or certificate, as defined in §22.229 of this title (relating to Satisfactory Academic Progress).

(8) If a student's eligibility was based on the expectation that the student would complete the Recommended or Advanced High School Program, and the student failed to do so, then in order to resume eligibility such a student must:

(A) receive an associate's degree;

(B) meet all other qualifications for a TEXAS Grant; and

(C) if required to do so by the institution through which the TEXAS Grant was made, repay the amount of the TEXAS Grant that was previously received.

Comments

Source Note: The provisions of this §22.228 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7869; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective March 2, 2009, 34 TexReg 1431

§22.229: Satisfactory Academic Progress

(a) As of the end of the first academic year in which a person receives an initial award, each recipient of the TEXAS Grant shall meet the academic progress requirements as indicated by the financial aid office of his or her institution.

(1) A recipient who does not meet the academic progress requirements of his or her institution may not receive an award until the institution has determined that the academic performance requirements have been met.

(2) A recipient who is below program grade point average requirements as of the end of a spring term may appeal his/her grade point average calculation if he/she has taken courses previously at one or more different institutions. In the case of such an appeal, the current institution (if presented with official transcripts from the previous institutions), shall calculate an overall grade point average counting all classes and grade points previously earned. If the resulting grade point average exceeds the current institution's academic progress requirement, an otherwise eligible student may receive an award in the following fall term.

(b) At the end of the year in which a person receives a continuation award:

(1) a recipient who was awarded an initial year TEXAS grant prior to September 1, 2005, shall, unless granted a hardship postponement in accordance with §22.231 of this title (relating to Hardship Provisions):

(A) complete at least 75 percent of the hours attempted in his or her most recent academic year, as determined by institutional policies; and

(B) maintain an overall grade point average of at least 2.5 on a four point scale or its equivalent, for all coursework attempted at public or private or independent institutions of higher education.

(2) A recipient who was awarded an initial year award through the TEXAS Grant Program on or after September 1, 2005 shall, unless granted a hardship postponement in accordance with §22.231 of this title (relating to Hardship Provisions):

(A) complete at least 75 percent of the hours attempted in his or her most recent academic year, as determined by institutional policies;

(B) complete at least 24 semester credit hours in his or her most recent academic year; and,

(C) maintain an overall grade point average of at least 2.5 on a four point scale or its equivalent, for all coursework attempted at an institution or private or independent institution.

(D) A first time entering freshman student enrolling in a participating institution for the second regular term or semester in a given academic year meets the semester-credit-hour requirement outlined in subparagraph (B) of this paragraph for continuing in the program if he or she completes at least 12 semester credit hours or its equivalent during that term or semester.

(c) A grant recipient who is below program grade point average requirements as of the end of a spring term may appeal his/her grade point average calculation if he/she has taken courses previously at one or more different institutions. In the case of such an appeal, the current institution (if presented with transcripts from the previous institutions), shall calculate an overall grade point average counting all classes and grade points previously earned. If the resulting grade point average exceeds the program's academic progress requirement, an otherwise eligible student may receive an award in the following fall term.

Comments

Source Note: The provisions of this §22.229 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective August 16, 2007, 32 TexReg 4982; amended to be effective May 21, 2008, 33 TexReg 3952; amended to be effective August 25, 2008, 33 TexReg 6817

§22.230: Discontinuation of Eligibility or Non-Eligibility

(a) For recipients who received a TEXAS Grant prior to Fall 2005 or were awarded an initial year TEXAS Grant for the 2005 - 2006 academic year prior to September 1, 2005:

(1) Unless granted a hardship postponement in accordance with §22.231 of this title (relating to Hardship Provisions), a student's eligibility for a TEXAS Grant ends six years from the start of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award, if the student's eligibility for a TEXAS Grant was based on the completion of the Recommended or Advanced High School Program or its equivalent in high school.

(2) Unless granted a hardship postponement in accordance with §22.231 of this title, a student's eligibility ends four years from the date of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award if the student's eligibility was based on receiving an associate's degree.

(b) For recipients who were awarded an initial year award through the TEXAS Grant program for the 2005 - 2006 academic year on or after September 1, 2005, or for a subsequent academic year:

(1) Unless granted a hardship postponement in accordance with §22.231 of this title, a student's eligibility for a TEXAS Grant ends:

(A) five years from the start of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award, if the student's eligibility for a TEXAS Grant was based on the completion of the Recommended or Advanced High School Program or its equivalent in high school and the student is enrolled in a degree or certificate program of four years or less;

(B) six years from the start of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award, if the student's eligibility for a TEXAS Grant was based on the completion of the Recommended or Advanced High School Program or its equivalent in high school and the student is enrolled in a degree or certificate program of more than four years.

(2) Unless granted a hardship postponement in accordance with §22.231 of this title, a student's whose eligibility was based on receiving an associate's degree loses eligibility:

(A) three years from the date of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award if the student is enrolled in a degree or certificate program of four or fewer years;

(B) four years from the date of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award if the student is enrolled in a degree or certificate program of more than four years.

(c) A student's eligibility ends one year from the date of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award, if the student's eligibility was based on the expectation that the student would complete the Recommended or Advanced High School Program, but the student failed to do so. However, if such a student later receives an associate's degree and again qualifies for TEXAS Grants, he or she can receive an additional four years of eligibility.

(d) A student who is eligible for a TEXAS Grant based on completion of the Recommended or Advanced High School Program or its equivalent in high school may receive a TEXAS Grant for no more than 150 semester credit hours or the equivalent

(e) A student who is eligible for a TEXAS Grant based on receiving an associate's degree may receive a TEXAS Grant for no more than 90 semester credit hours.

(f) A person is not eligible to receive an initial or continuation TEXAS Grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or

(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a TEXAS Grant.

(g) Other than as described in §22.231 of this title, if a person fails to meet any of the requirements for receiving a continuation award as outlined in subsection (b) of this section after completion of any year, the person may not receive a TEXAS Grant until he or she completes courses while not receiving a TEXAS Grant and meets all the requirements of subsection (b) of this section as of the end of that period of enrollment.

Comments

Source Note: The provisions of this §22.230 adopted to be effective November 28, 2005, 30 TexReg 7870

§22.231: Hardship Provisions

(a) In the event of a hardship or for other good cause, the Program Officer at an eligible institution may allow an otherwise eligible person to receive a TEXAS Grant while enrolled for an equivalent of less than three-quarter time or if the student's grade point average or completion rate or number of completed hours falls below the satisfactory academic progress requirements of §22.229 of this title (relating to Satisfactory Academic Progress). Such conditions are not limited to, but include:

(1) a showing of a severe illness or other debilitating condition that may affect the student's academic performance;

(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or

(3) the requirement of fewer than nine hours to complete one's degree plan.

(b) The director of financial aid may grant an extension of the year limits found in §22.230 of this title (relating to Discontinuation of Eligibility or Non-Eligibility) in the event of hardship. Documentation justifying the extension must be kept in the student's files, and the institution must identify students granted extensions and the length of their extensions to the Coordinating Board, so that it may appropriately monitor each student's period of eligibility.

(c) The financial aid director may allow a student to receive his/her first award after more than 16 months have passed since high school graduation if the student and/or the student's family has suffered a hardship that would now make the student rank as one of the institution's neediest. Documentation justifying the exception must be kept in the student's files.

(d) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.

Comments

Source Note: The provisions of this §22.231 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective February 21, 2006, 31 TexReg 1032; amended to be effective May 21, 2008, 33 TexReg 3952

§22.232: Priorities in Funding

If appropriations for the TEXAS Grant Program are insufficient to allow awards to all eligible students, continuation awards will be given priority.

Comments

Source Note: The provisions of this §22.232 adopted to be effective November 28, 2005, 30 TexReg 7870

§22.233: Priority in Awards to Students

In determining who should receive an initial year TEXAS Grant, an institution shall give highest priority to students who demonstrate the greatest financial need at the time the award is made.

Comments

Source Note: The provisions of this §22.233 adopted to be effective November 28, 2005, 30 TexReg 7870

§22.234: Award Amounts and Adjustments

(a) Funding. Funds awarded through this program may not exceed the amount of appropriations, gifts, grants and other funds that are available for this use.

(b) Award Amounts.

(1) The amount of a TEXAS Grant awarded through an institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any aid other than loans received equals or exceeds the student's tuition and required fees. The amount of a TEXAS Grant awarded to a student attending a private or independent institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid exceeds the student's financial need.

(2) The Board shall determine and announce the maximum amount of a TEXAS Grant award prior to the start of each fiscal year. The calculation of the maximum amount will be based on the mandates contained in Texas Education Code, §56.307. However, no student's award shall be greater than the amount of the student's financial need.

(3) For students enrolled in eligible private or independent institutions:

(A) The amount of the TEXAS Grant may not exceed the maximum award possible through the Tuition Equalization Grant Program (Texas Education Code, §61.221).

(B) No student may receive both a TEXAS Grant and a Tuition Equalization Grant in the same term or semester.

(4) An eligible institution may not charge a person receiving a TEXAS Grant through that institution, an amount of tuition and required fees in excess of the amount of the TEXAS Grant received by the person unless it also provides the student sufficient aid other than loans to meet his or her full tuition and required fees. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a TEXAS Grant.

(5) The eligible institution may require a student to forgo or repay the amount of an initial TEXAS Grant awarded to the student as described in §22.228(a)(6)(B) of this title (relating to Eligible Students) if the student is determined to have failed to complete the Recommended or Advanced High School Program or its equivalent as evidenced by the final high school transcript.

(6) If the money available for TEXAS Grants is sufficient to provide grants to all eligible applicants in the amounts specified in paragraphs (1) - (4) of this subsection, the Board may use any excess money to award a grant in an amount not more than three times the amount that may be awarded under paragraphs (1) - (4) of this subsection, to a student who:

(A) is enrolled in a program that fulfills the educational requirements for licensure or certification by the state in a health care profession that the Board, in consultation with the Texas Workforce Commission and the Statewide Health Coordinating Council, has identified as having a critical shortage in the number of license holders needed in this state;

(B) has completed at least one-half of the work toward a degree or certificate that fulfills the educational requirement for licensure or certification; and

(C) meets all the requirements to receive a grant award under §22.228 of this title.

(7) An award to an otherwise eligible student enrolled for less than a three quarter-time load is to be prorated. The amount he/she can be awarded is equal to the semester's maximum award for the relevant type of institution, divided by twelve hours and multiplied by the actual number of hours for which the student enrolled.

(c) Uses. A person receiving a TEXAS Grant may only use the money to pay any usual and customary cost of attendance at an institution of higher education incurred by the student.

(d) Over Awards. If, at a time after an award has been offered by the institution and accepted by the student, the student receives assistance that was not taken into account in the student's estimate of financial need, so that the resulting sum of assistance exceeds the student's financial need, the institution is not required to adjust the award under this program unless the sum of the excess resources is greater than $300.

(e) Prorated Awards. If a student's need is insufficient to allow him or her to receive a full award in a given term or semester, or if the student's balance of eligible hours is less than the number of hours he or she is taking in a given term or semester, the student's award amount for that term or semester should be prorated. Beginning no later than Fiscal Year 2012, prorated amounts shall be calculated using the following schedule:

(1) If enrolled for 12 or more hours - 100% of the maximum award;

(2) If enrolled for 9-11 hours - 75% of the maximum award;

(3) If enrolled for 6-8 hours - 50% of the maximum award; and

(4) If enrolled for fewer than 6 hours - 25% of the maximum award.

Comments

Source Note: The provisions of this §22.234 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective May 14, 2007, 32 TexReg 2640; amended to be effective August 16, 2007, 32 TexReg 4982; amended to be effective May 26, 2010, 35 TexReg 4159

§22.235: Retroactive Disbursements

(a) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(1) owes funds to the institution for the period of enrollment for which the award is being made; or

(2) received a student loan that is still outstanding for the period of enrollment.

(b) Funds that are disbursed after the end of a student's period of enrollment must either be used to pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

Comments

Source Note: The provisions of this §22.235 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective May 21, 2008, 33 TexReg 3952

§22.236: Allocation and Reallocation of Funds

(a) Allocations.

(1) Initial Year Funds. Available program funds for initial year awards will be allocated to each participating institution in proportion to each institution's share of the state's undergraduate financial aid population with significant amounts of financial need, except that, beginning with September 1, 2005, no additional initial year funds will be allocated to private or independent institutions.

(2) Renewal Year Funds. Available program funds for continuation or renewal awards will be allocated in proportion to the number of prior year recipients reported for each institution, adjusted for the institution's student retention rate.

(b) Reallocations. Institutions will have until a date specified by the Board via a policy memo addressed to the Program Officer at the institution to encumber the program funds that have been allocated to them. On that date, institutions lose claim to any funds not yet drawn down from the Board for immediate disbursement to students, and the funds released in this manner are available to the Board for reallocation to other institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

(c) Disbursement of Funds to Institutions. As requested by institutions throughout the academic year, the Board shall forward to each participating institution a portion of its initial and renewal year allocations of funds for immediate release to students or immediate application to student accounts at the institution.

(d) Release of Funds to Students. The institution may release all or part of the proceeds of a TEXAS Grant to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.

Comments

Source Note: The provisions of this §22.236 adopted to be effective November 28, 2005, 30 TexReg 7870; amended to be effective May 21, 2008, 33 TexReg 3952

§22.237: Funds Provided from Student Deposit Fees

Excess student deposit funds remitted to the Coordinating Board pursuant to Texas Education Code, §54.5021(c), may only be used to make TEXAS Grants. If the year-end unobligated and unexpended balance of student deposit funds at an institution exceeds 150 percent of the total deposits to that fund during that year, the excess funds shall be forwarded to the Coordinating Board for disbursement through the TEXAS Grant Program. If an institution established an endowment fund from excess funds prior to the end of state Fiscal Year 2001, no additional excess funds may be added to the endowment corpus. All excess funds and their earnings (including the earnings of the endowment fund) must be used in calculating the year-end balance subject to the 150 percent limit.

Comments

Source Note: The provisions of this §22.237 adopted to be effective November 28, 2005, 30 TexReg 7870

§22.238: Funds Provided through Gifts and Donations

The Board may develop and implement an appropriate process for the naming and sponsoring of specialty TEXAS Grant awards funded through gifts and donations to the program.

Comments

Source Note: The provisions of this §22.238 adopted to be effective November 28, 2005, 30 TexReg 7870

§22.239: Authority to Transfer Funds

Institutions participating in a combination of the Toward EXcellence, Access and Success Grant, Tuition Equalization Grant, and Texas College Work-Study Programs, in accordance with instructions from the Board, may transfer in a given fiscal year up to the lesser of 10 percent or $10,000 between these programs.

Comments

Source Note: The provisions of this §22.239 adopted to be effective November 28, 2005, 30 TexReg 7870

§22.240: Dissemination of Information and Rules

The Board and its advisory committee is responsible for publishing and disseminating general information and program rules for the program described in this subchapter. The Board shall distribute to each eligible institution and to each school district a copy of the rules adopted under this subchapter.

Comments

Source Note: The provisions of this §22.240 adopted to be effective November 28, 2005, 30 TexReg 7870

Subchapter M

§22.253: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §§56.401 - 56.4075, Texas Educational Opportunity Grant Program. These rules establish procedures to administer this grant program.

(b) Purpose. The purpose of this program is to provide grants of money to enable eligible students to attend public two-year institutions of higher education in this state.

Comments

Source Note: The provisions of this §22.253 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7871

§22.254: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Awarded--Offered to a student.

(2) Board--The Texas Higher Education Coordinating Board.

(3) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(4) Cost of attendance--A Board-approved estimate of the expenses incurred by a typical financial aid student in attending a particular college. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).

(5) Encumbered funds--Program funds that have been offered to a specific student, which offer the student has accepted, and which may or may not have been disbursed to the student.

(6) Enrolled on at least a half-time basis--Enrolled for the equivalent of six semester credit hours in a regular semester.

(7) Entering student--A student enrolled in the first 30 semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.

(8) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.

(9) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines. Federal and state veterans' educational and special combat pay benefits are not to be considered in determining a student's financial need.

(10) Initial year award--The grant award made in the student's first year in the Texas Educational Opportunity Grant Program, typically made up of a fall and spring disbursement.

(11) Institution--A public junior college as defined in Texas Education Code, §61.003(2); a public technical institution as defined in Texas Education Code, §61.003(7); and Lamar State College-Orange and Lamar State College-Port Arthur.

(12) Period of enrollment--The term or terms within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all the eligibility requirements for an award through this program.

(13) Program--The Texas Educational Opportunity Grant Program.

(14) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.

(15) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

Comments

Source Note: The provisions of this §22.254 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7871; amended to be effective May 21, 2008, 33 TexReg 3954; amended to be effective May 26, 2010, 35 TexReg 4161

§22.255: Institutions

(a) Eligibility.

(1) Each institution as defined in §22.254 of this title (relating to Definitions) are eligible to participate in the program.

(2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each eligible institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.

(b) Approval.

(1) Agreement. Each eligible institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner.

(2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities.

(1) Probation Notice. If the institution is placed on probation by its accrediting agency, it must immediately advise the Board and grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.

(2) Disbursements to Students.

(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.

(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the Program Officer and financial aid officer and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

(3) Reporting and Refunds.

(A) Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

(B) Penalties for Late Reports or Refunds.

(i) An institution that postmarks or electronically submits a report a week or more after its due date will be ineligible to receive additional funding through the reallocation occurring at that time.

(ii) The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10% for each report that is postmarked or submitted electronically more than a week late. The penalty may also be invoked if the report is on time, but any refund owed to the program by the institution arrives at the board or the State Comptroller's Office more than a week after its due date.

(iii) The Commissioner may assess more severe penalties against an institution if any report is received by the Board more than one month after its due date. The Commissioner may penalize an institution by reducing its allocation of funds in the following year by up to 10% for each late refund of grant funds. If grant funds are returned more than a week after the announced return date, they will be considered late.

(iv) The maximum penalty for a single year is 30% of the school's allocation. If penalties are invoked in two consecutive years the institution may be penalized an additional 20%.

(C) Appeal of Penalty. If the Commissioner determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the Program Officer with a copy sent to the financial aid officer. Within 21 days from the time that the Program Officer receives the written notice, the institution must submit a written response appealing the Board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in Chapter 1 of this title (relating to Agency Administration).

(4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the Program.

Comments

Source Note: The provisions of this §22.255 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7871

§22.256: Eligible Students

(a) To receive an initial award through the Texas Educational Opportunity Grant Program, a student must:

(1) be a resident of Texas;

(2) show financial need;

(3) have applied for any available financial aid assistance;

(4) be enrolled on at least a half-time basis in an associate's degree or certificate program at an eligible institution;

(5) not be eligible for a TEXAS Grant;

(6) not have been granted an associate's or baccalaureate degree; and

(7) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.

(b) To receive a continuation award through the Texas Educational Opportunity Grant Program, a student must:

(1) have previously received an initial award through this program;

(2) show financial need;

(3) be enrolled on at least a half-time basis;

(4) be enrolled in an associate's degree or certificate program at an eligible institution;

(5) not have been granted a baccalaureate degree;

(6) not be eligible for a TEXAS Grant;

(7) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law; and

(8) make satisfactory academic progress towards an undergraduate degree or certificate, which requires:

(A) for persons receiving their first awards prior to fall semester, 2005, completion of at least 75% of the hours attempted in the student's most recent academic year, and maintenance of an overall grade point average of at least 2.5 on a four point scale or its equivalent.

(B) for persons receiving their first awards for fall 2005 or later:

(i) compliance with the academic progress requirements of the institution as of the end of the first academic year; and

(ii) in subsequent academic years, completion of at least 75% of the hours attempted in the student's most recent academic year, and maintenance of an overall grade point average of at least 2.5 on a four point scale or its equivalent.

(C) The completion rate calculations may be made in keeping with institutional policies.

(D) Grade point average calculations may be made in keeping with institutional policies except that if a grant recipient's grade point average falls below program requirements and the student transfers to another institution, the receiving institution cannot make a continuation award to the transfer student until he/she provides official transcripts of previous coursework to the new institution's financial aid office and that office re-calculates an overall grade point average, including hours and grade points for courses taken at the old and new institutions that proves the student's overall grade point average now meets or exceeds program requirements.

(c) Discontinuation of Eligibility or Non-Eligibility.

(1) A student may not receive a Texas Educational Opportunity Grant for more than 75 semester credit hours or its equivalent.

(2) A student's eligibility for a Texas Educational Opportunity Grant award ends four years from the start of the semester or term in which the student received his or her initial award.

(3) A person is not eligible to receive an initial or continuation Texas Educational Opportunity Grant award if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(A) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or

(B) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a grant.

(4) Unless granted a hardship extension in accordance with §22.257 of this title (relating to Hardship Provisions for Students Awarded Grants On or After September 1, 2005), if a person fails to meet any of the requirements for receiving a continuation award as outlined in subsection (b) of this section after completion of any year, the person may not receive a Texas Educational Opportunity Grant award until he or she completes courses while not receiving a Texas Educational Opportunity Grant and meets all the requirements of subsection (b) of this section as of the end of that period of enrollment.

Comments

Source Note: The provisions of this §22.256 adopted to be effective August 16, 2004, 29 TexReg 7988; amended to be effective November 28, 2005, 30 TexReg 7871; amended to be effective May 21, 2008, 33 TexReg 3954

§22.257: Hardship Provisions for Students Awarded Grants on or After September 1, 2005

(a) In the event of a hardship or for other good cause, the Program Officer at an eligible institution may allow an otherwise eligible person who is awarded a grant on or after September 1, 2005 to receive a Texas Educational Opportunity Grant while enrolled for an equivalent of less than one-half time or if the student's grade point average or completion rate falls below the satisfactory academic progress requirements of §22.256(b)(7) of this title (relating to Eligible Students). Such conditions are not limited to, but include:

(1) a showing of a severe illness or other debilitating condition that may affect the student's academic performance;

(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or

(3) the requirement of fewer than six hours to complete one's degree plan.

(b) Each institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.

Comments

Source Note: The provisions of this §22.257 adopted to be effective November 28, 2005, 30 TexReg 7871; amended to be effective February 21, 2006, 31 TexReg 1032

§22.258: Priorities in Funding

If appropriations for the Texas Educational Opportunity Grant Program are insufficient to allow awards to all eligible students, continuation awards will be given priority.

Comments

Source Note: The provisions of this §22.258 adopted to be effective November 28, 2005, 30 TexReg 7871

§22.259: Priority in Awards to Students

In determining who should receive an initial Texas Educational Opportunity Grant award, an institution shall give highest priority to students who demonstrate the greatest financial need at the time the award is made.

Comments

Source Note: The provisions of this §22.259 adopted to be effective November 28, 2005, 30 TexReg 7871

§22.260: Award Amounts and Adjustments

(a) Funding. Funds awarded through this program may not exceed the amount of appropriations, grants and other funds that are available for this use.

(b) Award Amounts.

(1) The amount of a Texas Educational Opportunity Grant award may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the student's financial need.

(2) The Board shall determine and announce the maximum amount of a Texas Educational Opportunity Grant award prior to the start of each fiscal year. The calculation of the maximum amount will be based on the mandates contained in Texas Education Code, §56.407. However, no student's award shall be greater than the amount of the student's financial need. To ensure the program has sufficient funds to make awards to all eligible returning recipients, institutions may not decrease award amounts per student in order to provide grants to a larger number of applicants. If an otherwise eligible student, due to hardship, enrolls for less than a half-time course load, his or her award is to be prorated. The amount he or she can be awarded is equal to the semester's maximum award for the relevant type of institution, divided by twelve hours and multiplied by the actual number of hours for which the student is enrolled.

(3) An approved institution may not charge a person receiving a Texas Educational Opportunity Grant through that institution, an amount of tuition and required fees in excess of the amount of the Texas Educational Opportunity Grant award received by the person. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a Texas Educational Opportunity Grant award. If an institution's tuition and fee charges exceed the Texas Educational Opportunity Grant award amount, it may address the shortfall in one of two ways:

(A) It may use other available sources of financial aid, other than a loan or work-study funds to cover any difference in the amount of a Texas Educational Opportunity Grant award and the student's actual amount of tuition and required fees at the institution; or

(B) it may waive the excess charges for the student. However, if a waiver is used, the institution may not report the recipient's tuition and fees in a way that would increase the general revenue appropriations to the institution.

(c) Uses. A person receiving a Texas Educational Opportunity Grant award may only use the money to pay any usual and customary cost of attendance at an institution of higher education incurred by the student.

(d) Over Awards. If, at a time after an award has been offered by the institution and accepted by the student, the student receives assistance that was not taken into account in the student's estimate of financial need, so that the resulting sum of assistance exceeds the student's financial need, the institution is not required to adjust the award under this program unless the sum of the excess resources is greater than $300.

(e) Prorated Awards. If a student's need is insufficient to allow him or her to receive a full award in a given term or semester, or if the student's balance of eligible hours is less than the number of hours he or she is taking in a given term or semester, the student's award amount for that term or semester should be prorated. Beginning no later than Fiscal Year 2012, prorated amounts shall be calculated using the following schedule:

(1) If enrolled for 12 or more hours - 100% of the maximum award;

(2) If enrolled for 9-11 hours - 75% of the maximum award;

(3) If enrolled for 6-8 hours - 50% of the maximum award; and

(4) If enrolled for fewer than 6 hours - 25% of the maximum award.

Comments

Source Note: The provisions of this §22.260 adopted to be effective November 28, 2005, 30 TexReg 7871; amended to be effective May 21, 2008, 33 TexReg 3954; amended to be effective May 26, 2010, 35 TexReg 4161

§22.261: Retroactive Disbursements

(a) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(1) owes funds to the institution for the period of enrollment for which the award is being made; or

(2) received a student loan that is still outstanding for the period of enrollment.

(b) Funds that are disbursed retroactively must either be used to pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

Comments

Source Note: The provisions of this §22.261 adopted to be effective November 28, 2005, 30 TexReg 7871

§22.262: Allocation and Reallocation of Funds

(a) Allocations.

(1) Initial Year Funds. Available program funds for initial year awards will be allocated to each participating institution in proportion to each institution's share of the state's undergraduate financial aid population with significant amounts of financial need.

(2) Renewal Year Funds. Available program funds for continuation or renewal awards will be allocated in proportion to the number of prior year recipients reported for each institution, adjusted for the institution's student retention rate.

(b) Reallocations. Institutions will have until a date specified by the Board via a policy memo addressed to the Program Officer at the institution to encumber the program funds that have been allocated to them. On that date, institutions lose claim to any unencumbered funds, and the unencumbered funds are available to the Board for reallocation to other institutions. If necessary for ensuring the full use of funds, subsequent reallocations may be scheduled until all funds are awarded and disbursed.

(c) Disbursement of Funds to Institutions. As requested by institutions throughout the fall and spring terms, the Board shall forward to each participating institution a portion of its initial and renewal year allocations of funds for immediate release to students or immediate application to student accounts at the institution.

(d) Release of Funds to Students. The institution may release all or part of the proceeds of a Texas Educational Opportunity Grant award to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.

Comments

Source Note: The provisions of this §22.262 adopted to be effective November 28, 2005, 30 TexReg 7871

§22.263: Dissemination of Information and Rules

The Board and its advisory committee is responsible for publishing and disseminating general information and program rules for the program described in this subchapter. The Board shall distribute to each eligible institution and to each school district a copy of the rules adopted under this subchapter.

Comments

Source Note: The provisions of this §22.263 adopted to be effective November 28, 2005, 30 TexReg 7871

Subchapter N

§22.280: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter C, §61.0817, Individual Development Account Information Program.

(b) Purpose. The purpose of these rules is to set forth the applicable reporting requirements of institutions that participate in Individual Development Account Information Programs to increase the awareness of students and families of the existence and benefits of participating in individual development accounts in the hope that more of them will take advantage of such programs to help finance their higher education.

Comments

Source Note: The provisions of this §22.280 adopted to be effective December 7, 2003, 28 TexReg 10760; amended to be effective August 25, 2008, 33 TexReg 6818

§22.281: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Board--The Texas Higher Education Coordinating Board.

(2) Individual Development Account Information Program--A savings account program designed to help low-income students, while enrolled in public community colleges, acquire the funds needed to continue their education and attain bachelor's degrees.

(3) Eligible institution--All public community colleges.

Comments

Source Note: The provisions of this §22.281 adopted to be effective December 7, 2003, 28 TexReg 10760

§22.282: Reporting Requirements

Eligible institutions participating in the program shall report, at least on an annual basis:

(1) efforts made to counsel students and families regarding the existence of Individual Development Accounts and

(2) the number of Individual Development Account information brochures they have distributed to students and families.

Comments

Source Note: The provisions of this §22.282 adopted to be effective December 7, 2003, 28 TexReg 10760

Subchapter O

§22.292: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §54.221, Children of Professional Nursing Program Faculty and Staff. These rules establish procedures to administer this exemption program.

(b) Purpose. The purpose of this program is to provide exemptions from the payment of tuition to eligible students to encourage their parents to continue employment as professional nurse faculty or staff members in the State of Texas.

Comments

Source Note: The provisions of this §22.292 adopted to be effective November 28, 2005, 30 TexReg 7872

§22.293: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--the Texas Higher Education Coordinating Board.

(2) Child--a child 25 years of age or younger, including an adopted child.

(3) Commissioner--the Commissioner of Higher Education, the Chief Executive Officer of the Board.

(4) Full-time member of faculty or staff--an individual who is classified by the human resources department of his or her institution of higher education as employed full-time.

(5) Graduate professional nursing program--an educational program of a public institution of higher education that prepares students for a master's or doctoral degree in nursing.

(6) Institution of Higher Education or Institution--any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003(8).

(7) Resident of Texas--a resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B, of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(8) Tuition--includes statutory tuition, designated tuition and board-authorized tuition.

(9) Undergraduate professional nursing program--a public educational program for preparing students for initial licensure as registered nurses.

Comments

Source Note: The provisions of this §22.293 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective August 25, 2008, 33 TexReg 6818

§22.294: Tuition Exemption

Each institution of higher education shall exempt from the payment of tuition all eligible students.

Comments

Source Note: The provisions of this §22.294 adopted to be effective November 28, 2005, 30 TexReg 7872

§22.295: Eligible Students

(a) To receive an award through the Exemption Program for Children of Professional Nursing Faculty and Staff, a student shall:

(1) be a resident of Texas,

(2) not have been granted a baccalaureate degree,

(3) be enrolled at an institution that offers an undergraduate or graduate program of professional nursing,

(4) be the child of an individual who:

(A) at the beginning of the semester or other academic term for which an exemption is sought:

(i) holds a master's or doctoral degree in nursing, and is employed full-time by a undergraduate or graduate professional nursing program offered by the institution that the child is attending and is employed as a member of the faculty or staff with duties that include teaching, performing research, serving as an administrator, or performing other professional services other than serving as a teaching assistant, or

(ii) holds a baccalaureate degree in nursing and is employed by a professional nursing program offered by the institution as a full-time teaching assistant, or

(B) during all or part of the semester or other academic term for which an exemption is sought:

(i) holds a master's or doctoral degree in nursing, and has contracted with an undergraduate or graduate professional nursing program in this state to serve as a full-time member of its faculty or staff with duties that include teaching, performing research, serving as an administrator, or performing other professional services other than serving as a teaching assistant, or

(ii) holds a baccalaureate degree in nursing and has contracted with a professional nursing program offered by the institution to serve as a full-time teaching assistant.

(5) be enrolled at the same institution of higher education at which the student's parent is currently employed or with which the parent has contracted, either as a professional nursing faculty or staff member; and

(6) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.

(b) Discontinuation of Eligibility.

(1) A person's eligibility ends when the person has:

(A) previously received exemptions under this subchapter for 10 semesters or summer sessions at any institution or institutions or higher education, or

(B) received a baccalaureate degree.

(2) For the purpose of this provision, a summer session that is less than nine weeks in duration is considered one-half of a summer session.

Comments

Source Note: The provisions of this §22.295 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective August 25, 2008, 33 TexReg 6818

§22.296: Proration of Exemption

If the parent is employed on less than a full-time basis, the value of the exemption is to be prorated in accordance with the parent's employment load. Under no circumstances, however, is the exemption to be for an amount less than 25 percent of the student's tuition.

Comments

Source Note: The provisions of this §22.296 adopted to be effective November 28, 2005, 30 TexReg 7872

§22.297: Application Process

To apply for an exemption through this subchapter, a student shall submit to the institution a completed Professional Nursing Faculty and Staff Exemption Application.

Comments

Source Note: The provisions of this §22.297 adopted to be effective November 28, 2005, 30 TexReg 7872

Subchapter P

§22.302: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §54.222, Preceptors for Professional Nursing Education Programs. These rules establish procedures to administer this exemption program.

(b) Purpose. The purpose of this program is to provide partial exemptions from the payment of tuition to eligible persons employed as clinical preceptors and to their children in order to encourage the preceptors to continue their employment and induce others to seek such employment in the state of Texas.

Comments

Source Note: The provisions of this §22.302 adopted to be effective November 28, 2005, 30 TexReg 7872

§22.303: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--the Texas Higher Education Coordinating Board.

(2) Child--a child 25 years of age or younger, including an adopted child.

(3) Clinical preceptor or preceptor--a registered nurse or other license health professional who meets the requirements below, not paid as a faculty member by the governing board of an institution of higher education, but who directly supervises a nursing student's clinical learning experience in a manner prescribed by a signed written agreement between the educational institution, preceptor and affiliating agency. A clinical preceptor has the following qualifications:

(A) competence in designated areas of practice,

(B) a philosophy of health care congruent with that of the nursing program,

(C) current licensure or privilege as a registered nurse in the State of Texas, and

(D) if not a registered nurse, holds a current license in Texas as a health care professional with a minimum of a bachelor's degree in that field.

(4) Commissioner--the Commissioner of Higher Education, the Chief Executive Officer of the Board.

(5) Institution of Higher Education or Institution--any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined in Texas Education Code, §61.003(8).

(6) Program--the Exemption Program for Clinical Preceptors and Their Children.

(7) Resident of Texas--a resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B of this title (relating to Determination of Resident Status and Waiver Programs for Certain Nonresident Persons). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.

(8) Tuition--includes statutory tuition, designated tuition and Board-authorized tuition.

(9) Undergraduate professional nursing program--a public educational program for preparing students for initial licensure as registered nurses.

Comments

Source Note: The provisions of this §22.303 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective August 25, 2008, 33 TexReg 6818

§22.304: Tuition Exemption

Each institution of higher education shall exempt all eligible persons from the payment of up to $500 of tuition per term or semester.

Comments

Source Note: The provisions of this §22.304 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective May 16, 2006, 31 TexReg 3873

§22.305: Eligible Preceptors

To receive an exemption under this program, a preceptor must:

(1) be a resident of Texas,

(2) be a registered nurse,

(3) serve, on an average, at least one day per week under a written preceptor agreement with an undergraduate professional nursing program as a clinical preceptor for students enrolled in the program for:

(A) the time period the program conducts clinicals during the semester or other academic term for which the exemption is sought; or

(B) the time period the program conducts clinicals during a semester or other academic term that ended less than one year prior to the beginning of the semester or term in which the exemption is to be used; and

(4) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.

Comments

Source Note: The provisions of this §22.305 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective August 16, 2007, 32 TexReg 4984; amended to be effective August 25, 2008, 33 TexReg 6818

§22.306: Eligible Children

To receive an exemption under this program, a child must:

(1) be a resident of Texas;

(2) be the child of a clinical preceptor as described in §22.305(1) - (3) of this title (relating to Eligible Preceptors) whether or not the preceptor is receiving or has received an exemption based on the same period of service;

(3) be enrolled as an undergraduate student; and

(4) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.

Comments

Source Note: The provisions of this §22.306 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective May 16, 2006, 31 TexReg 3873; amended to be effective August 16, 2007, 32 TexReg 4984; amended to be effective August 25, 2008, 33 TexReg 6818

§22.307: Discontinuation of Eligibility

(a) A person who is otherwise eligible for the program under §22.306 of this title (regarding Eligible Children) shall be considered ineligible if the person has:

(1) previously received exemptions under this subchapter for 10 semesters or summer sessions at any institution or institutions or higher education, or

(2) received a baccalaureate degree.

(b) For the purposes of this program, a summer session that is less than nine weeks in duration is considered one-half of a summer session.

Comments

Source Note: The provisions of this §22.307 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective May 16, 2006, 31 TexReg 3873

§22.308: Value of the Exemption

The value of an exemption granted under this program is equal to $500 or the student's tuition, whichever is less.

Comments

Source Note: The provisions of this §22.308 adopted to be effective November 28, 2005, 30 TexReg 7872

§22.309: Application Process

To apply for an exemption under this program, a student shall complete the Clinical Preceptor Exemption Application, developed by the Board and distributed and processed by participating institutions.

Comments

Source Note: The provisions of this §22.309 adopted to be effective November 28, 2005, 30 TexReg 7872

Subchapter Q

§22.312: Authority, Scope, and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 61, Subchapter Q, Engineering Recruitment Programs. This subchapter establishes rules for administering the engineering scholarship program established by the Texas Higher Education Coordinating Board in keeping with Texas Education Code, §61.792.

(b) Scope. Unless otherwise noted, this subchapter applies to any general academic teaching institution or private or independent institution of higher education in Texas (Texas Education Code, §61.003) that offers an engineering degree program and their students.

(c) Purpose. The purpose of this program is to provide scholarships to students pursuing a degree in engineering at a participating general academic teaching institution or private or independent institution of higher education.

Comments

Source Note: The provisions of this §22.312 adopted to be effective November 27, 2007, 32 TexReg 8498; amended to be effective August 26, 2009, 34 TexReg 5688

§22.313: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board or Coordinating Board--the Texas Higher Education Coordinating Board.

(2) Commissioner--the Commissioner of Higher Education.

(3) Eligible institution--any general academic teaching institution or private or independent institution of higher education that offers one or several undergraduate degree programs in engineering.

(4) Engineering degree program--any undergraduate degree program in engineering at an eligible institution.

(5) Engineering student--student enrolled at an eligible institution in an undergraduate engineering degree program.

(6) Application--a scholarship application submitted by an eligible student.

Comments

Source Note: The provisions of this §22.313 adopted to be effective November 27, 2007, 32 TexReg 8498; amended to be effective August 26, 2009, 34 TexReg 5688

§22.314: Scholarship Program Announcement

The Board shall post the scholarship announcement and application form for the scholarships on the agency website. The scholarship announcement shall contain information about:

(1) financial resources available for distribution,

(2) application procedures for the scholarships, and

(3) student eligibility requirements.

Comments

Source Note: The provisions of this §22.314 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.315: Student Eligibility Requirements

(a) To qualify for an engineering scholarship, a person must:

(1) have graduated high school in the top 20 percent of the student's high school graduating class;

(2) have graduated from high school with a grade point average of at least 3.5 on a four-point scale or the equivalent in mathematics and science courses offered under the recommended or advanced high school program under the Texas Education Code, §28.025(a);

(3) enroll in an undergraduate engineering program offered by a general academic teaching institution or private or independent institution of higher education in Texas;

(4) maintain an overall grade point average of at least 3.0 on a four-point scale at the institution in which the engineering student is enrolled; and

(5) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.

(b) Scholarships awarded in a given year do not represent an entitlement for future awards but award recipients in one year may compete for awards in subsequent years.

Comments

Source Note: The provisions of this §22.315 adopted to be effective November 27, 2007, 32 TexReg 8498; amended to be effective August 25, 2008, 33 TexReg 6819; amended to be effective August 26, 2009, 34 TexReg 5688

§22.316: Award Amounts and Continuing Eligibility

The maximum award per student for a given academic year will be determined by the Commissioner and announced to institutions at the time they are informed of their share of funds for the year.

Comments

Source Note: The provisions of this §22.316 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.317: Application Process

(a) Eligible institutions shall:

(1) make the program application form accessible to all engineering students in paper or through electronic access;

(2) collect engineering student applications;

(3) verify student eligibility;

(4) use the scholarships to augment, not replace, other gift aid.

(b) The value of awards made for a given year by an institution may not exceed the funds allocated to the institution for that year by the Coordinating Board.

Comments

Source Note: The provisions of this §22.317 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.318: Reporting Requirements

At the end of the scholarship period as defined in the scholarship announcement, eligible institutions shall report to the Board the number of scholarships awarded, the value of the awards, as well as other demographic data in a format specified by the Commissioner.

Comments

Source Note: The provisions of this §22.318 adopted to be effective November 27, 2007, 32 TexReg 8498

Subchapter R

§22.401: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in Subchapter Z, Chapter 51 of the Texas Education Code. These rules establish procedures to administer the subchapter as prescribed in the Texas Education Code, §51.969.

(b) Purpose. The purpose of these provisions is to provide guidance for institutions in the awarding of certain scholarships in such way as to avoid criminal penalties.

Comments

Source Note: The provisions of this §22.401 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.402: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Affinity--Relationship between individuals based on being married or the fact that the spouse of one of the individuals is related by consanguinity to the other individual. The ending of a marriage ends relationships by affinity unless a child of that marriage is living, in which case the affinity continues as long as a child of that marriage lives. These relationships are named as follows:

(A) 1st Degree--Spouse, spouse's child, spouse's mother or father, child's spouse, parent's spouse.

(B) 2nd Degree--Spouse's brother or sister, spouse's grandparent, spouse's grandchild, brother or sister's spouse, grandparent's spouse, grandchild's spouse.

(2) Board or Coordinating Board--the Texas Higher Education Coordinating Board.

(3) Consanguinity--Relationship between individuals based on being descendants of one another or sharing a common ancestor. An adopted child is considered to be a child of the adoptive parent. These relationships are named as follows:

(A) 1st Degree--Mother, father, daughter, son.

(B) 2nd Degree--Brother, sister, grandparent, grandchild.

(C) 3rd Degree--Great-grandparent, great-grandchild, uncle (brother of parent), aunt (sister of parent), nephew (son of brother or sister), niece (daughter of brother or sister).

(4) Institution of Higher Education--A public institution of higher education as defined in Texas Education Code Chapter 61, §61.003.

(5) Scholarship--An award of gift aid that does not have to be repaid by the student or earned through service or performance.

(6) University System--The association of one or more public senior colleges or universities, medical or dental units or other agencies of higher education under the policy direction of a single governing board.

(7) Within the Second Degree by Affinity--A circumstance in which a person is a spouse, spouse's child, spouse's mother or father, child's spouse, parent's spouse, spouse's brother or sister, spouse's grandparent, spouse's grandchild, brother or sister's spouse, grandparent's spouse, grandchild's spouse.

(8) Within the Third Degree by Consanguinity--A circumstance in which a person is a parent, child, brother, sister, grandparent, grandchild, great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual of an individual. An adopted child is considered to be a child of the adoptive parent for this purpose.

Comments

Source Note: The provisions of this §22.402 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.403: Relevant Institutions

The provisions of these rules apply to persons attending any institution of higher education in Texas.

Comments

Source Note: The provisions of this §22.403 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.404: Prohibited Scholarships

A person is not eligible to receive a scholarship originating from and administered by an institution of higher education or university system if the person is related to a current member of the governing board of the institution or system if the scholarship application is filed on or after January 1, 2008, unless:

(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.

Comments

Source Note: The provisions of this §22.404 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.405: Declaration of Eligibility

Prior to receiving a scholarship originating from and administered by an institution of higher education or university system, a student must file a written statement 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. The required wording of the statement will be developed by the Board and will be made available to institutions via the Coordinating Board's web site.

Comments

Source Note: The provisions of this §22.405 adopted to be effective November 27, 2007, 32 TexReg 8498; amended to be effective August 26, 2009, 34 TexReg 5688

§22.406: Criminal Penalty

A person commits a Class B misdemeanor offense if the person knowingly files a false statement under §22.405 of this title (relating to Declaration of Eligibility).

Comments

Source Note: The provisions of this §22.406 adopted to be effective November 27, 2007, 32 TexReg 8498

§22.407: Dissemination of Information and Rules

The Board is responsible for publishing and disseminating general information and program rules for the provisions described in this subchapter.

Comments

Source Note: The provisions of this §22.407 adopted to be effective November 27, 2007, 32 TexReg 8498

Subchapter S

§22.501: Authority, Scope, and Purpose

(a) Authority. Texas Education Code, §§61.9621 - 61.9628 establishes the Professional Nursing Shortage Reduction Program to help reduce the professional nursing shortage. The statute directs the Coordinating Board to administer a grant program, supervise institutional reporting requirements, and adopt program rules.

(b) Scope.

(1) Unless otherwise noted, this subchapter applies to any public or private institution of higher education in Texas that offers a professional nursing program that leads to initial licensure.

(2) Continued Eligibility of Prior Programs. A professional nursing program offered by an entity other than a public or private or independent institution of higher education that was eligible to receive grants from a program under this subchapter before September 1, 2009, remains eligible to receive a grant from such a program if the entity meets all criteria for a grant other than the criterion of being a program offered by an institution of higher education.

(c) Purpose. The purpose of this subchapter is to establish a procedure for administration of an application and reporting process for the determination of awards, a method for determining penalties for missing program reporting deadlines, failing to submit required reports, and the provision to audit award expenditures by recipients under the program.

Comments

Source Note: The provisions of this §22.501 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689

§22.502: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--the Texas Higher Education Coordinating Board.

(2) Commissioner--Commissioner of Higher Education.

(3) Award--the pro-rata share of the annual distribution made to qualifying applicants from the Professional Nursing Shortage Reduction Program.

(4) Application--the form submitted by an institution to apply for an award under this program.

(5) Program Report--the expenditure and data report filed by an institution receiving an award.

(6) CBM Reporting System--the Coordinating Board's Management reporting system for collecting institution data.

Comments

Source Note: The provisions of this §22.502 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689

§22.503: Program Announcements

Annually the Board shall provide Program Announcements of the current year's Professional Nursing Shortage Reduction Program to all professional nursing programs in Texas. These announcements will contain the following information:

(1) Description of the current year's award programs.

(2) A listing of required forms for application to the programs.

(3) Application requirements for qualification to receive an award under the programs.

(4) Required due date(s) for the submission of any estimate, forms, and/or data to the Coordinating Board.

(5) Any supplemental reporting requirements of nursing graduates for purposes of estimated awards.

(6) Criteria for awards.

Comments

Source Note: The provisions of this §22.503 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689

§22.504: Application for an Award

(a) Each institution that wishes to qualify for an award from the program shall submit a fully completed, signed, and dated application by the required due date to be eligible for an award.

(b) Applications received after the fifth working day past the required due date as stated in the Program Announcements will be rejected. Institutions that fail to apply for this program by the fifth working day past the required due date shall not be included in the awards.

(c) The application shall be in a format and with the specific content prescribed.

Comments

Source Note: The provisions of this §22.504 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689

§22.505: Required Reporting of Data

(a) Institutions that report to the Coordinating Board Management (CBM) system--An institution that wishes to qualify for an award under this program shall submit the data required for this program as outlined in the Program Announcements.

(b) Institutions that do not report to the Coordinating Board Management (CBM) system (i.e. Diploma Programs)--An institution shall submit its required data to the Coordinating Board in a format and with the specific content prescribed.

(c) Institutions that fail to report their required data by the reporting deadline shall not be eligible for an award.

Comments

Source Note: The provisions of this §22.505 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective August 26, 2009, 34 TexReg 5689

§22.506: Assessment of Penalties

(a) The Commissioner may disqualify an institution from the current year's award process if that institution has failed to file any program reports from prior year's awards.

(b) Any application received within five working days of the required due date, the Commissioner may penalize an institution by reducing the amount of its award in the current year by 10 percent.

Comments

Source Note: The provisions of this §22.506 adopted to be effective February 18, 2008, 33 TexReg 1326

§22.507: Required Reporting of Award Expenditures

(a) Institutions that have received and/or will receive an award under the program shall provide a separate program report for the each award year and expenditure year until it has expended its award and submitted a final report that shows the expenditure of all award funds.

(b) Any award funds remaining unspent at the end of four fiscal years after the fiscal year of the award must be returned to the Coordinating Board within sixty days.

(c) Any award advance funds that remain unearned by the date specified in the program announcement(s) shall be refunded to the Coordinating Board within five calendar days.

(d) The program report shall be in a format and with the specific content prescribed by the Commissioner.

Comments

Source Note: The provisions of this §22.507 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective November 18, 2008, 33 TexReg 9232; amended to be effective August 26, 2009, 34 TexReg 5689

§22.508: Expenditure Restrictions, Accounting Requirements, and Audit Provisions

(a) Expenditure Restrictions--As per statute Qualified expenditures are further defined as salary/payroll expenditures and/or contract expenditures for contracts for nursing faculty or nursing preceptor positions.

(b) Accounting Requirements--Each award from this program shall be accounted for separately in the books and records of receiving institutions.

(c) Audit Provisions--Any awards made under this program or data submitted under this program are subject to audit by internal and/or external auditors, including Coordinating Board staff. Institutions that receive an award of $500,000 or more shall submit an independent audit report to the Coordinating Board within six months after the end of the award fiscal year. Institutions that receive an award of less than $500,000 shall have their internal auditor include the award as a part of its annual risk assessment for audit review. If the award is selected for further review, the internal auditor shall provide the Coordinating Board a copy of its audit report. Audits should determine if awards were expended in compliance with allowable award expenditures.

Comments

Source Note: The provisions of this §22.508 adopted to be effective February 18, 2008, 33 TexReg 1326; amended to be effective November 18, 2008, 33 TexReg 9232; amended to be effective August 26, 2009, 34 TexReg 5689

Subchapter T

§22.518: Authority and Purpose

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, §54.208, Firefighters Enrolled in Fire Science Courses. These rules establish procedures to administer this exemption program.

(b) Purpose. The purpose of this program is to provide an exemption from tuition and laboratory fees to eligible persons employed as firefighters by a political subdivision of the state or who are active members of an organized volunteer fire department in this state.

Comments

Source Note: The provisions of this §22.518 adopted to be effective August 26, 2009, 34 TexReg 5689

§22.519: Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Board--The Texas Higher Education Coordinating Board.

(2) Firefighter--An individual employed as a firefighter by a political subdivision of the state of Texas or who is an active member of an organized volunteer fire department in Texas.

(3) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.

(4) Fire Science Courses--Courses that fall within a designated fire science curriculum, as well as courses that are primarily related to fire service, emergency medicine, emergency management, or public administration.

(5) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in Texas Education Code, §61.003(8).

(6) Laboratory fees--Fees authorized through Texas Education Code, §54.501.

(7) Program--The Exemption Program for Firefighters Enrolled in Fire Science Courses.

(8) Tuition--Includes statutory tuition, designated tuition and Board-authorized tuition.

Comments

Source Note: The provisions of this §22.519 adopted to be effective August 26, 2009, 34 TexReg 5689; amended to be effective May 26, 2010, 35 TexReg 4163

§22.520: Tuition and Laboratory Fee Exemption

Each institution of higher education shall exempt all eligible persons from the payment of tuition and laboratory fees for courses offered as part of a fire science curriculum.

Comments

Source Note: The provisions of this §22.520 adopted to be effective August 26, 2009, 34 TexReg 5689

§22.521: Eligible Firefighters

(a) To receive an initial exemption under this program:

(1) A paid firefighter must be employed by a political subdivision of the State of Texas.

(2) A volunteer firefighter must:

(A) currently, and for at least the past year, be an active member of an organized volunteer fire department in this state, as defined by the fire fighters' pension commissioner; and

(B) hold one of the following credentials:

(i) an Accredited Advanced level of certification, or an equivalent successor certification, under the State Firemen's and Fire Marshals' Association of Texas volunteer certification program; or

(ii) Phase V (Firefighter II) certification, or an equivalent successor certification, under the Texas Commission on Fire Protection's voluntary certification program under Texas Government Code, §419.071.

(b) To receive an exemption in a subsequent semester the student must be in compliance with the institution's financial aid satisfactory academic progress requirements. This provision does not apply to a student who received an exemption under Texas Education Code, §54.208 before the 2009 fall semester as long as the student remains enrolled in the same degree or certificate program and is otherwise eligible to continue to receive the exemption under the statutory provisions that existed at that time.

Comments

Source Note: The provisions of this §22.521 adopted to be effective August 26, 2009, 34 TexReg 5689

§22.522: Excess Hours

(a) An exemption under this subchapter does not apply to any amount of additional tuition the institution elects to charge a resident undergraduate student due to excess undergraduate hours as specified in Texas Education Code, §54.014(a) or (f).

(b) An exemption under this subchapter does not apply to any amount of additional tuition the institution charges a graduate student because the student has a number of semester credit hours of doctoral work in excess of the applicable number provided by Texas Education Code, §61.059(1) or (2).

(c) The provisions of subsection (a) and (b) of this section do not apply to a student who received an exemption under Texas Education Code, §54.208 before the 2009 fall semester as long as the student remains enrolled in the same degree or certificate program and is otherwise eligible to continue to receive the exemption under the statutory provisions that existed at that time.

Comments

Source Note: The provisions of this §22.522 adopted to be effective August 26, 2009, 34 TexReg 5689

§22.523: Degree and Certificate Programs and Courses Eligible for the Exemption

(a) Degree and certificate programs eligible for the exemption described in this subchapter shall be identified by the institutions and compiled into a list by the Coordinating Board. A uniform listing of approved programs shall be posted on the Coordinating Board web site.

(b) Courses eligible for the exemption will be identified by the institution.

(1) The exemption described in this subchapter only applies to courses that are specifically related to a degree or certificate program included in the list posted by the Coordinating Board.

(2) The exemption does not apply to courses that make up the general education core curriculum required for all degrees unless such courses are specifically tied to the fire science curriculum. The exemption does not apply to courses unrelated to fire science that are included in the degree or certificate program in which an individual is enrolled.

Comments

Source Note: The provisions of this §22.523 adopted to be effective August 26, 2009, 34 TexReg 5689; amended to be effective May 26, 2010, 35 TexReg 4163