An institution which does not meet the definition of institution
of higher education contained in Texas Education Code §61.003,
is accredited by a Board-recognized accreditor, and is interested
in offering degrees or courses leading to degrees in the State of
Texas must follow the requirements in paragraphs (1) - (5) of this
section.
(1) Authorization to Offer Degrees or Courses Leading
to Degrees in Texas.
(A) Each institution and/or campus location must submit
an application to offer degree(s) or courses leading to degrees in
Texas. The application form for the Certificate of Authorization may
be found on the Board's website. The application must contain the
following information:
(i) Name of the institution;
(ii) Physical location of campus, or in the case of
only providing clinicals or internships in Texas, the physical location
of all clinical or internship sites, number of students in clinicals
or internships and end date of clinicals or internships;
(iii) Name and contact information of the Chief Administrative
Officer of the campus and name and contact information of the designated
Single Point of Contact as defined in §7.3 of this chapter (relating
to Definitions). In the case of an application based on clinicals
or internships, name and contact information of clinical or internship
site supervisors;
(iv) Name of accreditor;
(v) Level of degree and degrees authorized by CIP code;
(vi) Acknowledgement of substantive change notification
and data reporting requirements contained in §7.11 of this chapter
(relating to Changes of Ownership and Other Substantive Changes) and §7.13
of this chapter (relating to Data Reporting), respectively;
(vii) Texas Workforce Commission Certificate of Approval
or a Texas Workforce Commission exemption from Texas Education Code,
Chapter 132.
(B) Board staff will verify information and accreditation
status and upon confirmation, will provide a Certificate of Authorization
to offer in Texas those degrees or courses leading to degrees for
which it is accredited, or in the case of only providing clinicals
or internships in Texas, a Certificate of Authorization for an institution
to offer in Texas identified clinicals or internships in connection
with those degrees or courses leading to degrees for which the institution
is accredited.
(C) Certificates of Authorizations based solely on
providing clinicals or internships in Texas expire on the end date
of the last Texas clinical or internship.
(i) If clinicals or internships are ongoing in Texas,
the Certificate of Authorization based solely on providing clinicals
or internships in Texas must be renewed on an annual basis. At least
thirty (30) days, but no more than ninety (90) days, prior to the
expiration of the current Certification of Authorization, an institution,
if it desires renewal, is required to provide updated information
regarding the physical location of all clinical or internship sites,
number of students in clinicals or internships, and the end date of
the clinicals or internships.
(ii) The Board shall renew the Certificate of Authorization
based solely on providing clinicals or internships in Texas if it
finds that the institution has maintained all requisite standards.
(2) An institution that has requested a Certificate
of Authorization but has not received authorization from its accrediting
agency to be included in its main campus' accreditation either on
an interim or final basis may be granted a Provisional Certificate
of Authorization. The Provisional Certificate of Authorization is
an acknowledgment that the institution has qualified for a temporary
exemption from Board rules based on the main campus' accreditation
and is authorized to offer degrees and courses that lead to a degree.
The Provisional Certificate of Authorization will be authorized until
such time as the institution is granted accreditation or for a period
of 15 months, whichever occurs first. The conditions will be outlined
in the Provisional Certificate of Authorization letter that will accompany
the Provisional Certificate of Authorization. If accreditation has
not been achieved by the expiration date, the Provisional Certificate
of Authorization will be withdrawn, the institution's authorization
to offer degrees will be terminated, and the institution will be required
to comply with the provisions of §7.8 of this chapter (relating
to Institutions Not Accredited by a Board-Recognized Accreditor).
Subsequent Provisional Certificates of Authorization will not be issued.
(3) Grounds for Revocation of any Certificate of Authorization.
(A) The Institution no longer holds a Certificate of
Approval or Letter of Exemption issued by the Texas Workforce Commission.
(B) Institution loses accreditation from Board-recognized
accreditor.
(C) Institution's Accreditor is removed from the U.S.
Department of Education or the Board's list of approved accreditors.
(D) Institution fails to comply with data reporting
or substantive change notification requirements.
(E) Institution offers degrees for which it does not
have accreditor approval.
(4) Process for Removal of Authorization.
(A) Commissioner notifies institution of grounds for
revocation as outlined in paragraph (3) of this section.
(B) Upon receipt of the notice of revocation, the institution
must cease granting or awarding degrees or offering courses leading
to degrees in Texas until it has either been granted a Certificate
of Authority or Alternative Certificate of Authority to grant degrees,
or has received a determination that it did not lose its qualification
for a Certificate of Authorization.
(C) Within ten (10) days of its receipt of the Commissioner's
notice, the institution must respond and offer proof of its continued
qualification for the exemption, or submit data as required by §7.13
of this chapter.
(D) After reviewing the evidence, the Commissioner
will issue a notice of determination, which in the case of an adverse
determination, shall contain information regarding the reasons for
the denial, and the institution's right to a hearing.
(E) If a determination under this section is adverse
to an institution, it shall become final and binding unless, within
forty-five (45) days of its receipt of the adverse determination,
the institution invokes the administrative remedies contained in Chapter
1, Subchapter B of this title (relating to Dispute Resolution).
(5) Closure of an Institution.
(A) The governing board, owner, or chief executive
officer of an institution that plans to cease operation shall provide
the Board with written notification of intent to close at least ninety
(90) days prior to the planned closing date.
(B) If an institution closes unexpectedly, the governing
board, owner, or chief executive officer of the school shall provide
the Board with written notification immediately.
(C) If an institution closes or intends to close before
all currently enrolled students have completed all requirements for
graduation, the institution shall assure the continuity of students'
education by entering into a teach-out agreement with another institution
authorized by the Board to hold a Certificate of Authority, with an
institution operating under a Certificate of Authorization, or with
a public or private institution of higher education as defined in
Texas Education Code §61.003. The agreement shall be in writing,
shall be subject to Board approval, shall contain provisions for student
transfer, and shall specify the conditions for completion of degree
requirements at the teach-out institution. The agreement shall also
contain provisions for awarding degrees.
(D) The Certificate of Authorization for an institution
is automatically withdrawn when the institution closes. The Commissioner
may grant to an institution that has a degree-granting authority temporary
approval to award a degree(s) in a program for which the institution
does not have approval in order to facilitate a formal agreement as
outlined under this section.
(E) The curriculum and delivery shall be appropriate
to accommodate the remaining students.
(F) No new students shall be allowed to enter the transferred
degree program unless the new entity seeks and receives permanent
approval for the program(s) from the Board.
(G) The institution shall transfer all academic records
pursuant to §7.5(d) of this chapter (relating to Administrative
Penalties and Injunctions).
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| Source Note: The provisions of this §7.7 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152; amended to be effective November 29, 2010, 35 TexReg 10497; amended to be effective February 26, 2013, 38 TexReg 1152 |
