1. (a) Allocations for Fiscal Year 2019 and prior. Allocations for the TEG Program are to be determined on an annual basis as follows:

   1. (1) All eligible institutions will be invited to participate; those choosing not to participate will be left out of the calculations for the relevant year.
   2. (2) The allocation base for each institution choosing to participate will be its three-year average share of the total statewide amount of TEG that could be awarded, subject to the limits in Texas Education Code, §61.227(c) and (e).

   3. (3) The source of data used for the allocation calculations are the three most recently completed TEG Need Survey Reports submitted to the Board by the institutions. The reports include data for each student identified by the school as eligible to receive a first or subsequent TEG award as described in §22.24 or §22.25 of this title in the fall term in which the report is submitted. The data from the Need Survey used to calculate the amount of TEG an individual could receive includes:

      1. (A) Each reported student's TEG need, as defined in §22.22 of this title (relating to Definitions); and
      2. (B) The student's exceptional TEG need, as defined in §22.22 of this title.
   4. (4) A student's TEG need may not exceed the least of his or her adjusted gross need, tuition differential, or the TEG maximum award as set in accordance with Texas Education Code, §61.227(c).
   5. (5) A student's exceptional TEG need plus TEG need may not exceed the least of the student's adjusted gross need, tuition differential or 150 percent of the current year's statutory TEG maximum award as set in accordance with Texas Education Code, §61.227(c).
   6. (6) The maximum amount of need that may be recorded for any single student in the TEG Need Survey may not exceed the sum of his or her TEG need plus his or her exceptional TEG need.
   7. (7) The total amount allocated for an institution may not exceed the sum of the individual maximum need for all students included in the most recent TEG Need Survey.

   8. (8) Verification of Data.

      1. (A) To provide data needed to confirm a reported need amount does not exceed one of the award limits listed in paragraphs (4) and (5) of this subsection, the Need Survey collects the following data for each student:

         1. (i) Cost of attendance;
         2. (ii) Expected family contribution;
         3. (iii) Pell Grant amount;
         4. (iv) Categorical aid amount;
         5. (v) Classification (graduate or undergraduate); and
         6. (vi) An indication of whether the student's need was limited by his or her tuition differential.
      2. (B) The statewide TEG Need Survey summary will be provided to the institutions for review and the institutions will be given 10 working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the Survey accurately reflects the data they submitted or to advise Board staff of any inaccuracies.

2. (b) Allocations for Fiscal Year 2020 and later. Allocations for the TEG Program are to be determined on an annual basis as follows:

   1. (1) All eligible institutions will be invited to participate; those choosing not to participate will be left out of the calculations for the relevant year.

   2. (2) The allocation base for each institution choosing to participate will be its three-year average share of the total statewide amount of the Total TEG Need, subject to the limits in Texas Education Code, §61.227(c) and (e), based on the students who met the following criteria:

      1. (A) Enrollment on at least a three-fourths or three-quarters basis;
      2. (B) Completed either the FAFSA or TASFA and demonstrated Adjusted Gross Need greater than zero;
      3. (C) Maintain satisfactory academic progress in his or her program of study as required by §22.24(b) of this subchapter;
      4. (D) Classified as a Resident of Texas;
      5. (E) Be enrolled in an approved institution in an individual degree plan leading to a first associates degree, first baccalaureate degree, first master's degree, first professional degree, or first doctoral degree;
      6. (F) Not be enrolled in a degree plan that leads to ordination, licensure to preach, or a career in church work;
      7. (G) Be required to pay more tuition than is required at a comparable public college or university and be charged no less than the tuition required of all similarly situated students at the institution; and
      8. (H) Not be a recipient of any form of athletic scholarship.

   3. (3) Sources of data.

      1. (A) For allocations for Fiscal Year 2020. The sources of data used for the allocations are the certified Fiscal Year 2018 Financial Aid Database (FADS) report and the fall 2015 and fall 2016 completed TEG Need Survey reports submitted to the Board by the institutions.
      2. (B) For allocations for Fiscal Year 2021. The sources of data used for the allocations are the certified Fiscal Year 2018 and 2019 FADS reports and the fall 2016 completed TEG Need Survey report submitted to the Board by the institutions.
      3. (C) For allocations for Fiscal Year 2022 and Later. The source of data used for the allocations are the three most recently certified FADS reports submitted to the Board by the institutions.
   4. (4) A student's TEG need may not exceed the least of his or her adjusted gross need, tuition differential, or the TEG maximum award as set in accordance with Texas Education Code, §61.227(c).
   5. (5) A student's exceptional TEG need plus TEG need may not exceed the least of the student's adjusted gross need, tuition differential or 150 percent of the current year's statutory TEG maximum award as set in accordance with Texas Education Code, §61.227(c).
   6. (6) The maximum amount of need that may be recorded for any single student in the allocation calculation may not exceed the sum of his or her TEG need plus his or her exceptional TEG need.
   7. (7) The total amount allocated for an institution may not exceed the sum of the individual maximum TEG need for all students calculated using the sources of data outlined in paragraph (3) of this subsection.
   8. (8) Verification of Data. The TEG allocation spreadsheet will be provided to the institutions for review and the institutions will be given 10 working days, beginning the day of the notice's distribution and excluding State holidays, to confirm that the spreadsheet accurately reflects the data they submitted or to advise Board staff of any inaccuracies.
3. (c) Reallocations. Institutions will have until February 20 or the first workday thereafter if it falls on a holiday or the weekend 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.

4. (d) Reductions in Funding.

   1. (1) If funding for the program is reduced during the first year of a biennium, the Board may choose to forego reallocations to better distribute the reduction across the biennium.
   2. (2) If funding is reduced prior to the beginning of the second year of a biennium, the Board may take steps to help distribute the impact of reduced funding across all participating institutions by an across-the-board percentage decrease in all institutions' allocations.

Source Note:The provisions of this §22.29 adopted to be effective November 29, 2010, 35 TexReg 10503; amended to be effective March 4, 2014, 39 TexReg 1366; amended to be effective March 4, 2015, 40 TexReg 925, amended to be effective February 22, 2017, 42 TexReg 686; amended to be effective November 29, 2017, 42 TexReg 6625.