1. (a) In reviewing a request for preliminary authority to add a program (baccalaureate, master's, and doctoral) to the institution's Table of Programs, the Commissioner shall consider:

   1. (1) a demonstrated need for a future program in terms of present and future vocational needs of the state and the nation;
   2. (2) whether the proposed addition would complement and strengthen existing programs at the institution;
   3. (3) whether a future program would unnecessarily duplicate other programs within the region, state, or nation; and
   4. (4) whether a critical mass of students and faculty is likely to be available to allow the program to be offered at a high level of quality and to become self-sufficient on the basis of state funding.

2. (b) In reviewing a request for preliminary authority to add a doctoral program to the institution's Table of Programs, the Commissioner shall consider the criteria set out in subsection (a) of this section and the following additional criteria:

   1. (1) a demonstrated regional, state, or national unmet need for doctoral graduates in the field, or an unmet need for a doctoral program with a unique approach to the field;
   2. (2) evidence that existing doctoral programs in the state cannot accommodate additional students (or accessibility to these programs is restricted), or that expanding existing programs is not feasible or would not best serve the state;
   3. (3) if appropriate to the discipline, the institution has self-sustaining baccalaureate- and master's-level programs in the field and/or programs in related and supporting areas;
   4. (4) the program has the potential to obtain state or national prominence and the institution has the demonstrable capacity, or is uniquely suited, to offer the program and achieve that targeted prominence;
   5. (5) demonstrated current excellence of the institution's existing undergraduate and graduate degree programs and how this excellence shall be maintained with the development and addition of a high quality doctoral program; measures of excellence include the number of graduates and graduation rates that match or exceed those at peer institutions;
   6. (6) satisfactory placement rates for graduates of the institution's current doctoral programs, with comparison to peer group placement rates when available;
   7. (7) how the program will address Closing The Gaps by 2015;
   8. (8) institutional resources to develop and sustain a high-quality program; and
   9. (9) where appropriate, a demonstration of plans for external accreditation, licensing, or other applicable professional recognition of the program.

3. (c) Review and Approval Process.

   1. (1) As provided by Texas Education Code, §61.051(e), at least every four years the Board shall review the role and mission statements, the table of programs and all degree and certificate programs offered by each public senior university or health related institution. Requests for preliminary authority for new degree programs shall be presented as part of this review. The review shall include the participation of the institution's board of regents.
   2. (2) The review process shall be determined by the Commissioner, but shall include a review of low-producing degree programs at the institution.
   3. (3) The Board shall approve or re-approve the mission statement. Each institution shall be given an opportunity to be heard by the Board about these matters.

   4. (4) Preliminary authority is not required if a degree program meets all of the following conditions:

      1. (A) The program has institutional and Board of Regents approval.
      2. (B) The program is a non-doctoral program.
      3. (C) The program is a non-engineering program (i.e., not classified under CIP code 14).
      4. (D) The program would be offered by a university or health-related institution.
   5. (5) All other requests for preliminary authority shall be made using the standard preliminary authority request form and shall be approved or denied by the Commissioner.
   6. (6) An institution may appeal decisions regarding preliminary authority to the Board at one of its quarterly meetings.
   7. (7) Outside the normal review process described in paragraph (1) of this subsection, an institution may request of the Board an amendment to its authorized role and mission and/or preliminary authority for additional degree programs at any time the Commissioner determines that compelling circumstances warrant.
   8. (8) After approval or re-approval, requests for new programs and administrative changes shall be considered in the context of the approved role and mission for the institution.
   9. (9) The Commissioner may approve minor changes to the mission statement of an institution during the period between the reviews referenced in paragraph (1) of this subsection.

Source Note:The provisions of this §5.24 adopted to be effective May 28, 2003, 28 TexReg 4124; amended to be effective May 12, 2005, 30 TexReg 2661; amended to be effective November 22, 2005, 30 TexReg 7726; amended to be effective May 14, 2007, 32 TexReg 2639; amended to be effective August 26, 2009, 34 TexReg 5676.