SECTION 21.216. Eligible Students

(a) To receive an award through the Exemption Program for Children of Professional Nursing Faculty and Staff, a student shall:

(1) be a resident of Texas,

(2) not have been granted a baccalaureate degree,

(3) be enrolled at an institution that offers an undergraduate or graduate program of professional nursing,

(4) be the child of an individual who:

(A) at the beginning of the semester or other academic term for which an exemption is sought:

(i) holds a master's or doctoral degree in nursing, and is employed full-time by a undergraduate or graduate professional nursing program offered by the institution that the child is attending and is employed as a member of the faculty or staff with duties that include teaching, performing research, serving as an administrator, or performing other professional services other than serving as a teaching assistant, or

(ii) holds a baccalaureate degree in nursing and is employed by a professional nursing program offered by the institution as a full-time teaching assistant, or

(B) during all or part of the semester or other academic term for which an exemption is sought:

(i) holds a master's or doctoral degree in nursing, and has contracted with an undergraduate or graduate professional nursing program in this state to serve as a full-time member of its faculty or staff with duties that include teaching, performing research, serving as an administrator, or performing other professional services other than serving as a teaching assistant, or

(ii) holds a baccalaureate degree in nursing and has contracted with a professional nursing program offered by the institution to serve as a full-time teaching assistant.

(5) be enrolled at the same institution of higher education at which the student's parent is currently employed or with which the parent has contracted, either as a professional nursing faculty or staff member; and

(6) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.

(7) If receiving a continuation award in fall 2014 or later, the student shall also:

(A) be meeting the institution's grade point average requirement for making satisfactory academic progress towards a degree or certificate in accordance with the institution's policy regarding eligibility for financial aid, unless granted a hardship waiver by the institution in keeping with §22.298 of this title (relating to Hardship Provisions); and

(B) if classified as an undergraduate student, have not completed a number of semester credit hours that is considered to be excessive under Texas Education Code, §54.014, unless granted a hardship waiver by the institution on a showing of good cause in keeping with §22.298 of this title. In determining the number of hours an undergraduate has completed, semester credit hours completed include transfer credit hours that count towards the person's undergraduate degree or certificate requirements, but exclude:

(i) hours earned exclusively by examination;

(ii) hours earned for a course for which the person received credit toward the person's high school academic requirements; and

(iii) hours earned for developmental courses that the institution required the person to take under Texas Education Code, §51.3062 or under the former provisions of Texas Education Code, §51.306.

(b) Discontinuation of Eligibility.

(1) A person's eligibility ends when the person has:

(A) previously received exemptions under this subchapter for 10 semesters or summer sessions at any institution or institutions or higher education, or

(B) received a baccalaureate degree.

(2) For the purpose of this provision, a summer session that is less than nine weeks in duration is considered one-half of a summer session.

Source Note: The provisions of this §21.216 adopted to be effective November 28, 2005, 30 TexReg 7872; amended to be effective August 25, 2008, 33 TexReg 6818; amended to be effective February 26, 2014, 39 TexReg 1148; transferred effective March 1, 2017, as published in the Texas Register February 17, 2017, 42 TexReg 699