(a) General academic teaching institutions shall not submit for formula funding any hours for remedial and development courses and/or interventions for which a student has exceeded 9 semester credit hours of remedial and developmental courses and/or interventions. Up to 9 additional semester credit hours of English for speakers of other languages (ESOL) courses and/or interventions is allowed, bringing the maximum allowable to 18 semester credit hours.
(b) Public community colleges, public technical institutes, or public state colleges shall not submit for formula funding any hours for remedial and development courses and/or interventions for which a student has exceeded 18 semester credit hours of remedial and developmental courses and/or interventions. Up to 9 additional semester credit hours of ESOL courses and/or interventions is allowed, bringing the maximum allowable to 27 semester credit hours.
(c) General academic teaching institutions may not report students in developmental student success courses as defined in §13.102(6) of this title (relating to Definitions) for formula funding. General academic teaching institutions may report a student enrolled in a developmental student success intervention or in an ESOL course or intervention as defined in §13.102(5) of this title for formula funding only if the following conditions are met:
  (1) the student has not met state college readiness standards under Texas Education Code Chapter 51, Subchapter F-1, Texas Success Initiative;
  (2) the student is not currently an international study abroad student as defined in §13.102 of this title;
  (3) the student has not exceeded the number of semester credit hours of remedial and developmental courses and/or interventions specified in subsection (a) of this section; and
  (4) the student success intervention or the ESOL course or intervention meets the description for a developmental student success intervention or developmental ESOL course or intervention in the Lower Division Academic Course Guide Manual (ACGM).

Source Note: The provisions of this §13.107 adopted to be effective November 22, 2005, 30 TexReg 7730; amended to be effective February 26, 2013, 38 TexReg 1161; amended to be effective August 15, 2013, 38 TexReg 5074; amended to be effective February 26, 2014, 39 TexReg 1136; amended to be effective November 29, 2017, 42 TexReg 6624