(a) An institution may request the Commissioner to approve alternative Discipline Foundation Courses based upon the following criteria:      
        (1) The institution demonstrates that approved Discipline Foundation Courses significantly vary from the institution's lower-division curriculum for a given major; or       
        (2) The institution demonstrates based on evidence that students completing approved Discipline Foundation Courses are not successful in the institution's upper-division curriculum.       
      (b) The Chief Academic Officer of an institution that requests alternative Discipline Foundation Courses based on the criteria in this rule must submit a petition for alternative Discipline Foundation Courses in writing to the Commissioner, along with a written, evidence-based rationale. The Commissioner shall promptly notify the Texas Transfer Advisory Committee of the request for alternative Discipline Foundation Courses.     
      (c) Upon notification by the Commissioner, the Texas Transfer Advisory Committee shall evaluate the institution's request for alternative Discipline Foundation Courses based upon the number of students affected, how the alternative Discipline Foundation Courses would impact transfer, and any other criteria as decided by a majority vote of public junior college representative members and general academic teaching institution members present and voting.     
      (d) After review of the criteria, the Texas Transfer Advisory Committee shall vote on whether to recommend the alternative DFC to the Commissioner. A majority of the public junior college sector representatives and a majority of the general academic teaching institution sector representatives who are present and voting must both vote in favor for the alternative DFC to advance to the Commissioner for approval.     
      (e) No more than 30 days after its vote on the petition, the Texas Transfer Advisory Committee shall provide a written report to the Commissioner explaining the rationale for the action taken by the Texas Transfer Advisory Committee on the request for alternative Discipline Foundation Courses.     
      (f) No more than 30 days after receiving the written report from the Texas Transfer Advisory Committee, the Commissioner shall consider the Texas Transfer Advisory Committee report and make a final determination whether to approve the alternative DFC. The Commissioner's decision is final and may not be appealed.     
      (g) The Commissioner shall inform the Board at the next quarterly meeting of all decisions to approve or deny petitions for alternative DFC.     
      (h) The Coordinating Board shall maintain a public website that includes a list of all alternative Discipline Foundation Courses approved by the Commissioner.     
     Source Note:        The provisions of this §4.35 adopted to be effective April 8, 2021, 46 TexReg 2209