AFA(LEGAL) - INSTITUTIONAL EFFECTIVENESS: PERFORMANCE AND INSTITUTION REPORTS

Annual Performance Report

As soon as practicable after the end of each academic year, a junior college district shall prepare an annual performance report for that academic year. The report shall be prepared in a form that would enable any interested person, including a prospective student, to understand the information in the report and to compare the information to similar information for other junior college districts. A junior college district shall make the report available to any person on request.

The report must include the following information for the junior college district for the academic year covered by the report:

The rate at which students completed courses attempted;
The number and types of degrees and certificates awarded;
The percentage of graduates who passed licensing exams related to the degree or certificate awarded, to the extent the information can be determined;
The number of students or graduates who transfer to or are admitted to a public university;
The passing rates for students required to be tested under Education Code 51.306;
The percentage of students enrolled who are academically disadvantaged;
The percentage of students enrolled who are economically disadvantaged;
The racial and ethnic composition of the district's student body; and
The percentage of student contact hours taught by full-time faculty.

The Legislative Budget Board (LBB) shall be responsible for recommending standards for reports under this section, in consultation with junior college districts, the Coordinating Board, the governor's Office of Budget and Policy (OBP), and the state auditor.

Education Code 130.0035

Customer Service

Customer Input

Not later than June 1 of each even-numbered year and on request of the LBB or the governor's OBP, a state agency, including a college district, shall report on the information described below to the LBB and the governor's OBP.

A state agency shall create an inventory of external customers for each budget strategy listed in the General Appropriations Act for that agency.

Each agency shall gather information from customers using surveys, focus groups, mobile and web applications, or other appropriate methods approved by the governor's OBP and the LBB regarding the quality of service delivered by that agency. The information requested shall be as specified by the governor's OBP and the LBB and may include evaluations of the agency's:

Facilities, including the customer's ability to access that agency, the office location, signs, and cleanliness;
Staff, including employee courtesy, friendliness, and knowledgeability, and whether staff members adequately identify themselves to customers by name, including the use of name plates or tags for accountability;
Communications, including toll-free telephone access, the average time a customer spends on hold, call transfers, access to a live person, letters, electronic mail, and any applicable text messaging or mobile applications;
Internet site, including the ease of use of the site, mobile access to the site, information on the location of the site and the agency, and information accessible through the site such as a listing of services and programs and whom to contact for further information or to complain;
Complaint-handling process, including whether it is easy to file a complaint and whether responses are timely;
Ability to timely serve its customers, including the amount of time a customer waits for service in person, by phone, by letter, or at a website; and
Brochures or other printed information, including the accuracy of that information.

Each agency maintains ownership of the information gathered under this section.

Gov't Code 2114.002

Customer Relations Representative

A state agency shall appoint a customer relations representative. The representative shall:

Coordinate the state agency's customer service performance measurement under Government Code Chapter 2114;
Gather information and evaluations from the public about an agency's customer service;
Respond to customer concerns; and
Establish the agency's Compact With Texans.

Each state agency shall create a "Compact With Texans." The compact must be approved by the governor's OBP and the LBB. Each Compact With Texans shall set customer service standards and describe customer service principles for that agency and address:

The agency's procedures for responding to public contacts and complaints;
Applicable licensing and certification procedures; and
Customer waiting time for access and service delivery and responses to complaints.

Each agency that maintains a website shall publish its Compact With Texans on that website.

Gov't Code 2114.006

Affordability and Access

Not later than November 1 of each year, the chief executive officer of each institution of higher education, including each college district, shall provide to the governing board of the institution a report for the preceding fall, spring, and summer semesters that examines the affordability and access of the institution.

The report must include:

Statistical information on the percentage of gross family income required for a student who is a resident of this state to pay tuition and required fees charged by the institution;
The criteria used by the institution to admit students;
An analysis of the criteria used to admit students and to award financial assistance to students, considering the mission of the institution and the purposes of higher education in this state;
An analysis of the manner in which the above factors relate to:
1. The regions of this state in which students reside;
2. The race or ethnicity of students;
3. The gender of students; and
4. The level of education achieved by the parents of students; and
Comparisons of the institution with peer institutions in this state and in other states with respect to affordability and access.

For purposes of the report, a student who applies for admission to or enrolls in an institution and applies for financial aid from the institution may be required to provide documentation necessary for the institution to complete the report.

An institution's report must be in the form prescribed by the Coordinating Board in consultation with the institution.

Education Code 51.4031

College District Resume

Each institution of higher education, including each college district, shall:

Submit to the Coordinating Board any information requested by the Coordinating Board as necessary for the Coordinating Board to include information or calculate data required to be included in the institution's resume, described in Education Code Chapter 51A, Subchapter C; and
Ensure that the first frame of the institution's internet website home page includes, in a font that is larger than the font of the majority of the text on the home page, an accessible link to the institution's online resume maintained on the Coordinating Board's internet website.

Education Code 51A.003

An institution may satisfy a requirement of Education Code Chapter 51A relating to student loan, grant, or scholarship information by linking the online resume of the institution to that information as it appears on the website known as "College Navigator," or a successor or related website, maintained by the National Center for Education Statistics of the U.S. Department of Education. Education Code 51A.004

Student Enrollment Status Report

In the form and manner and at the times required by the Coordinating Board, a junior college district shall report to the Coordinating Board on the enrollment status of students of the junior college district. The report must include information on:

Students seeking a degree;
Students seeking a certificate;
Students enrolled in workforce continuing education courses;
Students enrolled in college credit courses who are not seeking a degree or certificate;
Students enrolled in courses for credit to transfer to another institution;
Students enrolled in developmental education courses by course level; and
Enrollment in other categories as specified by the Coordinating Board.

Education Code 130.0036(a)

Cost of Attendance

Each institution of higher education, including each college district, that offers an undergraduate degree or certificate program shall prominently display on the institution's internet website the cost of attendance for a first-time entering full-time student in accordance with the uniform standards prescribed by the commissioner. These standards may be updated on an annual basis. In addition, each institution must provide a link to the Free Application for Federal Student Aid (FAFSA) website.

The institution shall conform to the uniform standards prescribed by the commissioner in any electronic or printed materials intended to provide information regarding the cost of attendance to prospective undergraduate students.

The uniform standards prescribed by the commissioner shall also be considered by institutions when providing information regarding the cost of attendance for nonresident students or students enrolled in professional programs.

Institutions shall provide the Coordinating Board, upon request at least annually, any information necessary for the Coordinating Board staff to calculate the net cost of attendance for a first-time entering full-time student.

Education Code 61.0777(c)–(d); 19 TAC 21.2222(a)–(d)

Dissemination of Institutional Information

An institution, including a college district, must make available to any enrolled student or prospective student through appropriate publications, mailings or electronic media, information concerning:

Financial assistance available to students enrolled in the institution. [See FEA]
The institution pursuant to this section.
The institution's retention rate as reported to the Integrated Postsecondary Education Data System. In the case of a request from a prospective student, the information must be made available prior to the student's enrolling or entering into any financial obligation with the institution. [See EGC]
The institution's completion or graduation rate and, if applicable, its transfer-out rate. In the case of a request from a prospective student, the information must be made available prior to the student's enrolling or entering into any financial obligation with the institution. [See EGC]
The placement of, and types of employment obtained by, graduates of the institution's degree or certificate programs.

20 U.S.C. 1092(a); 34 C.F.R. 668.41(d)

Required Information

Institutional information that the institution must make readily available to enrolled and prospective students under 34 C.F.R. Part 668, Subpart D includes, but is not limited to:

The cost of attending the institution, including tuition and fees charged to full-time and part-time students, estimates of costs for necessary books and supplies, estimates of typical charges for room and board, estimates of transportation costs for students, and any additional cost of the program in which the student is enrolled or expresses a specific interest [see FD];
Any refund policy with which the institution is required to comply for the return of unearned tuition and fees or other refundable portions of costs paid to the institution [see FD];
The requirements and procedures for officially withdrawing from the institution;
A summary of the requirements under 34 C.F.R. 668.22 for the return of Title IV grant or loan assistance [see FEA];
The academic program of the institution, including:
1. The current degree programs and other educational and training programs [see EFBA and EFBB];
2. The instructional, laboratory, and other physical facilities which relate to the academic program;
3. The institution's faculty and other instructional personnel;
4. Any plans by the institution for improving the academic program of the institution, upon a determination by the institution that such a plan exists;
5. If an educational program is designed to meet educational requirements for a specific professional license or certification that is required for employment in an occupation, or is advertised as meeting such requirements, information regarding whether completion of that program would be sufficient to meet licensure requirements in a state for that occupation, including:
  1. A list of all states for which the institution has determined that its curriculum meets the state educational requirements for licensure or certification;
  2. A list of all states for which the institution has determined that its curriculum does not meet the state educational requirements for licensure or certification; and
  3. A list of all states for which the institution has not made a determination that its curriculum meets the state educational requirements for licensure or certification;
The names of associations, agencies, or governmental bodies that accredit, approve, or license the institution and its programs, and the procedures by which documents describing that activity may be reviewed under 34 C.F.R.668.34(b);
A description of the services and facilities available to students with disabilities, including students with intellectual disabilities as defined in 34 C.F.R. 668.43(O) [see EFCA];
The titles of persons designated under 34 C.F.R. 668.44, below, and information regarding how and where those persons may be contacted;
A statement that a student's enrollment in a program of study abroad approved for credit by the home institution may be considered enrollment at the home institution for the purpose of applying for assistance under the Title IV, Higher Education Act (HEA) programs;
Institutional policies and sanctions related to copyright infringement [see CT], including:
1. A statement that explicitly informs its students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
2. A summary of the penalties for violation of federal copyright laws; and
3. A description of the institution's policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions that are taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using the institution's information technology system;
A description of the transfer of credit polices established by the institution [see EGA], which must include a statement of the institution's current transfer of credit policies that includes, at a minimum:
1. Any established criteria the institution uses regarding the transfer of credit earned at another institution and any types of institutions or sources from which the institution will not accept credits;
2. A list of institutions with which the institution has established an articulation agreement; and
3. Written criteria used to evaluate and award credit for prior learning experience including, but not limited to, service in the armed forces, paid or unpaid employment, or other demonstrated competency or learning;
A description of written arrangements the institution has entered into in accordance with 34 C.F.R. 668.5, including, but not limited to, information on:
1. The portion of the educational program that the institution that grants the degree or certificate is not providing;
2. The name and location of the other institutions or organizations that are providing the portion of the educational program that the institution that grants the degree or certificate is not providing;
3. The method of delivery of the portion of the educational program that the institution that grants the degree or certificate is not providing; and
4. Estimated additional costs students may incur as the result of enrolling in an educational program that is provided, in part, under the written arrangement;
The percentage of those enrolled, full-time students who:
1. Are male;
2. Are female;
3. Receive a Federal Pell Grant; and
4. Are a self-identified member of a racial or ethnic group;
If the institution's accrediting agency or state requires the institution to calculate and report a placement rate, the institution's placement in employment of, and types of employment obtained by, graduates of the institution's degree or certificate programs, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, state data systems, or other relevant sources approved by the institution's accrediting agency as applicable;
The types of graduate and professional education in which graduates of the institution's four-year degree programs enrolled, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, state data systems, or other relevant sources;
The fire safety report prepared by the institution pursuant to 34 C.F.R. 668.49 [see FG];
The retention rate of certificate- or degree-seeking, first-time, full-time, undergraduate students entering the institution;
Institutional policies regarding vaccinations [see FFAA];
If the institution is required to maintain a teach-out plan by its accrediting agency, notice that the institution is required to maintain such teach-out plan and the reason that the accrediting agency required such plan under 34 C.F.R. 602.24(c)(1); and
If an enforcement action or prosecution is brought against the institution by a state or federal law enforcement agency in any matter where a final judgment against the institution, if rendered, would result in an adverse action by an accrediting agency against the institution, revocation of state authorization, or limitation, suspension, or termination of eligibility under Title IV, notice of that fact.

The institution must make available for review to any enrolled or prospective student upon request, a copy of the documents describing the institution's accreditation and its state, federal, or tribal approval or licensing. The institution must also provide its students or prospective students with contact information for filing complaints with its accreditor and with its state approval or licensing entity and any other relevant state official or agency that would appropriately handle a student's complaint.

20 U.S.C. 1092(a); 34 C.F.R. 668., .43(a)–(b)

Employees Available to Disseminate Information

Except as provided below, each institution shall designate an employee or group of employees who shall be available on a full-time basis to assist enrolled or prospective students in obtaining the information specified in 34 C.F.R. 668.42, 668.43, 668.45 and 668.46.

If the institution designates one person, that person shall be available, upon reasonable notice, to any enrolled or prospective student throughout the normal administrative working hours of that institution. If more than one person is designated, their combined work schedules must be arranged so that at least one of them is available, upon reasonable notice, throughout the normal administrative working hours of that institution.

The U.S. Secretary of Education may waive the requirement that the designated employee or group of employees be available on a full-time basis if the institution's total enrollment, or the portion of the enrollment participating in the Title IV, Higher Education Act (HEA) programs, is too small to necessitate an employee or group of employees being available on a full-time basis. To receive a waiver, the institution shall apply to the Secretary at the time and in the manner prescribed by the Secretary.

The granting of a waiver does not exempt an institution from designating a specific employee or group of employees to carry out on a part-time basis the information dissemination requirements.

34 C.F.R. 668.44

Prospective Student

The term "prospective student" means any individual who has contacted an eligible institution requesting information concerning admission to that institution. 34 C.F.R. 668.41(a)

Postsecondary and Career Information

In accordance with Education Code 7.040, the Texas Education Agency (TEA) shall prepare information comparing institutions of higher education in this state and post the information on the agency's internet website. Each institution of higher education, including each college district, shall include on its internet website, in a prominent location that is not more than three hyperlinks from the website's home page, a link to the information posted on the TEA's internet website. Education Code 7.040(a), (c)

Weatherford College

AFA(LEGAL)-LJC

UPDATE 38

DATE ISSUED: 5/13/2020