Current through Reg. 49, No. 38; September 20, 2024
(a) The Texas Education Code, §
130.013 and
§
130.036,
requires the Board to consider the needs and the welfare of the state as a
whole, the geographic location of existing colleges, as well as the welfare of
the community involved, before authorizing an election to create a new
community/junior college district. The Board shall determine whether programs
in a proposed community/junior college district will create unnecessary
duplication or seriously harm programs in existing community/junior college
districts.
(b) The Board shall
apply the following criteria when considering the creation of a new
community/junior college district:
(1)
Demographic and economic characteristics of the proposed district, such as:
(A) population trends by age group;
(B) economic development trends and
projections; and
(C) employment
trends and projections (supply-demand data).
(2) Potential student clientele, including:
(A) educational levels by age group;
and
(B) college-bound data (i.e.,
trends by age group).
(3) The financial status of the proposed
district and the state as a whole, including:
(A) any projected growth or decline in the
tax base; and
(B) trends in state
appropriations for community/junior colleges and other institutions of higher
education.
(4) Projected
programs and services based on economic and population trends.
(5) Proximity and impediments to programs and
services of existing institutions of higher education, such as:
(A) identification of institutions of higher
education, including branch campuses, extension centers, or extension
facilities, that could be affected by a new community/junior college;
(B) pursuant to Texas Education Code, §
130.086(f),
provision for discontinuation of a branch campus, extension center, or
extension facility by an existing community/junior college district to include
fair compensation for the community/junior college district that discontinues
the branch campus, extension center, or extension facility;
(C) documentation of existing programs and
services:
(i) on the campuses of nearby
institutions of higher education;
(ii) available to citizens within a 50-mile
radius of the proposed district; and
(iii) offered in the proposed district by
existing institutions of higher education;
(D) financial limitations on existing
institutions of higher education inhibiting the offering of programs and
services in the proposed district;
(E) availability of facilities, libraries,
and equipment for institutions to offer classes in the proposed
district;
(F) distance and traffic
patterns to existing institutions of higher education;
(G) effect on enrollment of existing
institutions of higher education; and
(H) effect on financing of existing
institutions of higher education.
(6) Alternative approaches to meeting the
need for educational services in the proposed community/junior college district
include, but are not limited to:
(A)
out-of-district classes offered in the district by existing institutions of
higher education;
(B)
transportation of students to nearby institutions of higher education;
and
(C) contract programs and
services from combinations of institutions of higher education.
(c) The Board's
Committee on Community and Technical Colleges may conduct one or more public
hearings in the proposed district to:
(1)
assess public sentiment regarding creation of the district;
(2) determine whether programs in the
proposed district would create unnecessary duplication or seriously harm
programs in existing community/junior college districts or other institutions
of higher education in the area; and
(3) assess the potential impact of the
proposed district on existing community/junior colleges or other institutions
of higher education in the area and on the State of Texas.
(d) After the feasibility study and other
documentation and information have been reviewed by the Committee on Community
and Technical Colleges and Board staff, a report from the Board staff shall be
submitted to the Commissioner indicating whether the criteria as set out in
§ 8.32 of this title (relating to Standards and Board Procedure for
Approval) have been met. The report shall also include a recommendation for
approval or denial of the request for approval to hold an election to create a
public community/junior college district, but shall not be binding on the
Commissioner or the Board.
