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Negotiated Rulemaking

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

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Negotiated Rulemaking Committee (NRMC) on Tuition Equalization Grant
In proposing negotiated rulemaking for the Tuition Equalization Grant (TEG), several factors were considered. First, there is a need to base TEG allocations on certified data, in line with other state financial aid allocation processes. (The current TEG Need Survey does not go through a certification process.) Second, the current TEG Need Survey reflects a moment in time during the fall semester, and thus cannot be reconciled against other student details received by the agency. This prevents the agency from performing data verification activities. Third, the agency is seeking to reduce the reporting burden on institutions through the elimination of duplicative reporting activities. Given the overlap of data between the TEG Need Survey and the Financial Aid Database (FADS), there is an opportunity to reduce reporting requirements. Furthermore, additional data elements are being added to the FY 2018 FADS, which will be available for use in allocation processes. (While the FADS revision activities are occurring independent of the TEG negotiated rulemaking activities, there is an opportunity to incorporate data needed for TEG allocations into the FADS revisions.) Finally, as with all allocation activities, the agency seeks to promote a balanced effort between the complexity of any allocation process and the equitable outcome of the methodology.

Modifications to the TEG allocation process will require rule adoption. Texas Education Code, Section 61.0331 directs the THECB to employ the negotiated rulemaking process described in Chapter 2008 of the Texas Government Code when adopting rules relating to financial aid allocation methodologies.



Proposed rules were published in November 4 edition of the Texas Register for a 30-day public comment period that expired on December 4; no comments were received. Proposed rules will be submitted to Board for consideration and final adoption at the January 26 Board meeting (Agenda Item VI-B).

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