§ 61.826 — DISPUTE RESOLUTION.

Texas § 61.826

• Jurisdiction: Texas
• Code ED: Education Code

Text

Sec. 61.826. DISPUTE RESOLUTION. (a) The board by rule shall adopt procedures to be followed by:
(1) institutions of higher education in resolving disputes concerning the transfer of lower division course credit; and
(2) the commissioner of higher education or the commissioner's designee in making a final determination concerning transfer of the course credit if the transfer is in dispute.
(b) Each institution of higher education shall publish in its course catalogs the procedures adopted by the board under Subsection (a).
(c) If an institution of higher education proposes to deny the application toward the institution's core curriculum or a field of study curriculum developed by the board under Section 61.823 of course credit earned by a student at another institution of higher education in the other institution's core curriculum or in a field of study curriculum, that institution must:
(1) give written notice to the student and the other institution of that institution's intent to deny the application of the course credit to the institution's core curriculum or field of study curriculum and the reasons for the proposed denial;
(2) attempt to resolve the application of the course credit to the institution's core curriculum or field of study curriculum with the other institution and the student in accordance with this section and board rules;
(3) resolve the dispute not later than the 45th day after the date on which the student enrolls in that institution; and
(4) if the dispute is not resolved to the satisfaction of the student or the institution at which the credit was earned, notify the commissioner of higher education of its denial to apply the course credit to the institution's core curriculum or field of study curriculum and the reasons for the denial.
(d) Not later than the 20th business day after the date the commissioner of higher education receives notice of a dispute concerning the application of course credit to an institution of higher education's core curriculum or field of study curriculum under Subsection (c)(4), the commissioner or the commissioner's designee shall make the final determination about the dispute and give written notice of the determination to the involved student and institutions. If the commissioner or the commissioner's designee determines that the institution may not deny the application of course credit described by Subsection (c) to the institution's core curriculum or field of study curriculum, the institution shall apply that course credit toward the institution's core curriculum or field of study curriculum, as applicable. A determination by the commissioner or the commissioner's designee under this subsection is final and may not be appealed.
(e) The board shall:
(1) collect data on the types of transfer disputes that are reported and the disposition of each case that is considered by the commissioner of higher education or the commissioner's designee; and
(2) post on the board's Internet website a list of each case that is considered by the commissioner of higher education or the commissioner's designee under this section, including the disposition of the case.

Legislative History

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997. Amended by: Acts 2023, 88th Leg., R.S., Ch. 165 (S.B. 1887 ), Sec. 7, eff. May 23, 2023. Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8 ), Sec. 29, eff. June 9, 2023.