V.G. Instructional Contracts with Outside Agencies
V.G.1.01 Contractual Agreements
The Coordinating Board recognizes that to prepare a literate and trained workforce to be available for economic stability and development requires a true joint partnership between private and public sectors. Accordingly, the Coordinating Board encourages contractual agreements between institutions of higher education, business, industry, and other agencies to forge a common partnership of joint planning, facilities, laboratories, delivery systems, and evaluation efforts. The Coordinating Board policy intends to provide institutional incentives for colleges to work with business, industry, and government in the development of an educated workforce for Texas.
General enrollment or contract training courses that are non-credit and do not result in the award of CEUs are not eligible for any state apportionment funding, but the System is free to market such noncredit or non-CEU training to business, industry, and government at whatever rate can be negotiated with the contracting organization. Exceptions regarding programs serving incarcerated students must be submitted to the Coordinating Board staff for review and approval.
Courses earning CEUs shall be subject to the guidelines published by the Southern Association of Colleges and Schools Commission on Colleges as a condition of eligibility for formula funding. All student enrollments for semester/quarter hour credit are subject to the provisions of the Texas Success Initiative as applicable.
Courses provided to organizations for credits hours or CEUs must charge out-of-state tuition to nonresident students who are brought from out-of-state for such contract courses.
Contractual agreements for instruction with non-SACS/COC accredited organizations must comply with all current guidelines of the Southern Association of Colleges and Schools Commission on Colleges. Courses and programs offered under contractual agreements must be consistent with the educational purpose, mission, and goals of the institution. Courses and programs offered and requested for state reimbursement must remain under the sole and direct control of the System.
All programs and courses must be approved through the established procedures of the Coordinating Board.
Courses offered must remain under the sole and direct control of the System which exercises ultimate and continuing responsibility for the performance of the functions reflected in the contract. Instructors of courses must meet qualifications as stipulated by the System. The System must employ at least one full-time faculty member per degree program and specify in the contract the institutional procedures by which the contracted courses or programs meet the standards of regular programs as disclosed fully in the publications of the institution, specifically including the following:
- Recruitment and counseling of students;
- Admission of students to courses and/or to the System where certificate and associate degree programs are pursued;
- Development and evaluation of the curriculum;
- Evaluation of student progress;
- Record keeping;
- Tuition and/or fee charges, receipts and disbursement of funds, and refund policy;
- Appointment, supervision, and evaluation of faculty; and
- Instruction and learning resources.
The contractual agreement must be executed by designated officers of the System and their counterparts in the contracting organization. The contractual agreement shall establish a definite understanding between the System and the contracting agency to include each of the items required by Title 19 of the Texas Administrative Code §9.124. The agreement shall specify the work to be performed, the period of the agreement, and the conditions under which any renewal or renegotiation must occur.
The System may contract to provide instruction for public secondary schools. Provision of instruction for public secondary schools by the System must be in accordance with rules and guidelines established by the State Board of Education. Instruction provided under a contractual agreement may include only coursework necessary for students to complete high school. It does not apply to early admission programs for high school students entering college. Instructors in contract programs with public secondary schools must meet qualifications required by the System as well as the minimum guidelines approved by the State Board of Education. An agreement between the System and the public secondary school must be approved by both governing boards. Funding for this type of instruction must flow to the public secondary school as the contracting agency. An agreed cost for instruction must be negotiated between the System and the public secondary school.
The System may enter into cooperative undertakings or contractual agreements with other Texas public community/junior or technical colleges as permitted by law. The System may enter into cooperative undertakings or contractual agreements with other Texas public institutions of higher education as part of a multi-institution teaching center as outlined under Title 19 of the Texas Administrative Code, Chapter 5, Subchapter L, Sections 5.73 and 5.24578. The College System may enter into cooperative undertakings or contractual agreements with SACS/COC-accredited independent institutions of higher education as part of a multi-institution teaching center as outlined under Title 19 of the Texas Administrative Code, Chapter 5, Subchapter L, Sections 5.73 and 5.24578 or other partnership agreements on a shared-cost basis as permitted by law.
V.G.1.05 State Funding
No funds appropriated to the System may be expended for any course which has not been approved by the Commissioner, even if such course is taught under a contractual agreement.
The skills development fund may be used by public community and technical colleges or the Texas Engineering Extension Service as start-up or emergency funds for the following job-training purposes:
- Developing customized training programs for businesses and trade unions; and
- Sponsoring small and medium-sized business networks and consortiums.
V.G.1.07 Workforce TrainingA student who is at least 16 years old and is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) shall be exempt from the compulsory attendance law.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008