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
(1) Authorization to Offer Degrees or Courses Leading
to Degrees in Texas.
(A) Each institution and/or campus location must submit
an application for a Certificate of Authorization 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 start 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
(iv) Name of Board recognized accreditor;
(v) Level of degree, degree program name, and CIP code
as authorized by the Board-recognized accreditor;
(vi) Documentation of notification to students and
potential students of any program which does not make the graduate
eligible to take required professional examinations in that field
or to practice regulated professions in that field in Texas;
(vii) Dates of accreditation granted by the Board-recognized
(viii) Acknowledgement of student complaint procedure,
compliance with the institutional accrediting agency's standards for
operation of institutions, annual review reporting requirements, substantive
change notification, and student data reporting requirements contained
in this section, §§1.110 - 1.120 of this title (relating
to Student Complaint Procedure), §7.4 of this chapter (relating
to Standards for Operation of Institutions), §7.11 of this chapter
(relating to Changes of Ownership and Other Substantive Changes),
and §7.13 of this chapter (relating to Student Data Reporting),
(ix) Texas Workforce Commission Certificate of Approval
or a Texas Workforce Commission exemption or exclusion 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. The Certificate of Authorization will be issued to
the institution by name, city and state.
(C) Certificates of Authorization are subject to annual
review for continued compliance with the Board-recognized accreditor's
standards of operation, student complaint processes, financial viability,
and accurate and fair representation in publications, advertising,
(i) Institutions must submit the following documentation
on an annual basis for Board staff review and recommendation to the
Board for continuation or revocation of the Certificate of Authorization:
(I) Annual audited financial statements, issued less
than one year from time of submission, prepared in accordance with
Generally Accepted Accounting Principles by an independent certified
(II) Certification that the institution is providing
accurate and fair representation in publications, advertising, and
promotion, including disclosure to students and potential students
of any program which does not make the graduate eligible to take required
professional examinations in that field or to practice regulated professions
in that field in Texas. The institution shall further certify that
it is maintaining any advertising used in Texas for a minimum of five
years and shall make any such advertisements available to the Board
for inspection upon request.
(III) An annotated copy of the student catalog or student
handbook showing compliance with the principles addressed in §7.4
of this chapter with cross-reference to the operational standards
of its institutional accrediting agency;
(IV) A copy of the institution's student complaint
policy, links to online student complaint procedures and forms, and
summary of all complaints made by Texas residents or students enrolled
at a Texas-based institution concerning the institution in accordance
with §§1.110 - 1.120 of this title. The complaint summary
shall include complaints which have been filed, with the institution,
its accrediting agency, or the Board within the 12 months prior to
the annual review reporting date and shall indicate whether pending
(V) Official statement of current accreditation status
and any pending or final actions that change the institution's accreditation
status from the institution's Board-recognized accreditor, including
changes in degree levels or programs offered approvals, changes in
ownership or management, and changes in physical location within the
12 months prior to the annual review reporting date;
(VI) Attestation that all documentation submitted is
true and correct and continued acknowledgement of student complaint
procedure, annual review reporting requirements, substantive change
notification, and student data reporting requirements contained herein
this section, §§1.110 - 1.120 of this title, §§7.4,
7.11, and 7.13 of this chapter, respectively.
(ii) Annual reviews are conducted based on an institution's
name and initial date of authorization.
(I) Institutions with names starting with "A" through
"O" must submit annual review documentation by January 15 of each
year. The Board will review staff recommendations at the annual July
(II) Institutions with names starting with "P" through
"Z" must submit annual review documentation by July 15 of each year.
The Board will review staff recommendations at the annual January
(III) Institutions that have received their first Certificate
of Authorization less than six months from the due date for submission
of annual review documentation may wait to submit documentation until
the following annual review submission date.
(iii) Prior to making a recommendation to the Board,
staff has discretion to conduct a site visit at the institution if
warranted by facts disclosed in the annual review documentation. The
Board-recognized accreditor will be notified and invited to participate.
(D) Certificates of Authorization, upon Board staff
recommendation after annual review, expire at the end of the grant
of accreditation by the Board-recognized accreditor.
(i) If a new grant of accreditation is awarded by the
Board-recognized accreditor, the Certificate of Authorization may
be renewed upon submission of documentation of the new grant of accreditation.
(ii) If an institution changes recognized accreditors,
the institution must submit a new application for a Certificate of
(E) Certificates of Authorizations based solely on
providing clinicals or internships in Texas expire one year from date
(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 start and
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.
At least ninety (90) days prior to expiration of the certificate,
institutions operating under a Provisional Certificate of Authorization
must submit either an application for a Certificate of Authorization
under this section or an application for a Certificate of Authority
under §7.8 of this chapter.
(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
(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,
substantive change notification requirements, or annual review reporting
(E) Board staff recommends revocation based on deficiencies
in compliance with the principles addressed in §7.4 of this chapter
as evidenced by lack of compliance with the Board-recognized accreditor's
standards, which are found in annual review documentation and not
corrected by the institution upon request by Board staff.
(F) 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).