| (v) An updated accreditation plan, including any progress
made toward obtaining Board-recognized accreditation identified in
the initial application or a change in plans to apply for accreditation
with another Board-recognized accreditation agency.
(E) Authority to Represent Transferability of Course
Credit. Any institution as defined in §7.3 of this chapter, whether
it offers degrees or not, may solicit students for and enroll them
in courses on the basis that such courses will be credited to a degree
program offered by another institution, provided that:
(i) the other institution is named in such representation,
and is accredited by a Board-recognized accrediting agency or has
a Certificate of Authority;
(ii) the courses are identified and documented for
which credit is claimed to be applicable to the degree programs at
the other institution; and
(iii) the written agreement between the institution
subject to these rules and the accredited institution is approved
by both institutions' governing boards in writing, and is filed with
the Board.
(7) Amendments to a Certificate of Authority.
(A) An institution seeking to amend its Certificate
of Authority to award a new or different degree during the period
of time covered by its current Certificate of Authority may file an
application for amendment, on forms provided by the Board upon request,
subject to the following exceptions:
(i) An institution with no previous operational history
described by paragraph (1)(A)(ii)(I)-(III) of this section which has
been granted a Certificate of Authority may not apply for an amendment
during the period of time covered by its initial Certificate of Authority.
(ii) An institution with operational history described
by paragraph (1)(A)(ii)(I)-(III) of this section which has been granted
a Certificate of Authority may not apply for an amendment within the
first one hundred eighty (180) days after the grant of its initial
Certificate of Authority.
(iii) An institution with operational history described
by paragraph (1)(A)(ii)(I)-(III) of this section which has been granted
a Certificate of Authority with restrictions may not apply for an
amendment during the period of time covered by the restricted Certificate
of Authority.
(iv) An institution seeking to discontinue a degree
program, without closure of the institution, shall assure the continuity
of students' education by entering into a teach-out agreement with:
(I) another institution authorized by the Board to
hold a Certificate of Authority;
(II) an institution operating under a Certificate of
Authorization; or
(III) a public or private institution of higher education
as defined in Texas Education Code §61.003.
(v) The teach-out agreement shall be in writing, shall
be subject to Board staff 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.
(B) Applications for amendments shall be accompanied
by the fee described in paragraph (3) of this subsection for each
amendment to an existing degree or for each application to award a
new or different degree.
(C) Based upon the information contained in the application
for amendment, the Commissioner or his/her designee may utilize an
outside consultant, the Certification Advisory Council, or both, to
review the application for amendment in order to make a recommendation
to the Board.
(D) Upon Board approval that the new or revised degree
program meets the required standards, the Board shall amend the institution's
Certificate of Authority accordingly.
(E) A change of degree level or additional program
would require an amended Certificate of Authority prior to beginning
the program.
(8) Renewal of Certificate of Authority.
(A) At least one hundred eighty (180) days, but no
more than two hundred ten (210) days, prior to the expiration of the
current Certificate of Authority, an institution seeking renewal shall
make application to the Board on forms provided upon request. The
renewal application must include any applications for or renewal of
accreditation by institutional accrediting agencies. The renewal application
shall be accompanied by the fee described in paragraph (3) of this
subsection.
(B) The application for renewal of the Certificate
of Authority will be evaluated in the same manner as that prescribed
for evaluation of an initial application, except that the renewal
application must include the institution's record of improvement and
progress toward accreditation. Evaluation of the renewal application
will include review of compliance with any specific conditions, restrictions,
or reporting requirements placed upon the institution during the period
of the previous Certificate of Authority and whether continuation
or addition of conditions, restrictions or reporting requirements
is warranted.
(C) An institution may be granted consecutive Certificates
of Authority for a total grant of no longer than eight (8) years.
Absent sufficient cause, at the end of the eight (8) years, the institution
must be accredited by a recognized accrediting agency.
(D) Subject to the application and authorization restrictions
of this section, the Board shall renew the certificate if it finds
that the institution has maintained all requisite standards and is
making sufficient progress toward accreditation by a Board-recognized
accrediting agency.
(9) Revocation of Certificate of Authority.
(A) Grounds for revocation include:
(i) Institution no longer holds a Certificate of Approval
or Letter of Exemption issued by the Texas Workforce Commission; or
(ii) Institution fails to comply with substantive change
notification and data reporting requirements as outlined in §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), respectively; or
(iii) Institution offers degrees or courses leading
to a degree for which it does not have Board approval; or
(iv) Institution fails to maintain the Standards of
Operation as defined in §7.4 of this chapter; or
(v) Failure to comply with the requirement to submit
all accrediting agency correspondence, reports, or findings and institutional
responses to such correspondence, reports, and findings if an institution
is accredited by entities which are not recognized by the Board; or
(vi) Failure to fully comply with any additional conditions,
restrictions, or reporting requirements placed upon the institution
as part of its current Certificate of Authority.
(B) Process for revocation of Certificate of Authority
to offer degrees in Texas:
(i) Board notifies institution of grounds for revocation
as outlined in this paragraph via registered or certified mail;
(ii) Within ten (10) days of its receipt of the Commissioner's
notice, the institution must either cease and desist operations or
respond and offer proof of its continued qualification for the authorization,
and/or submit data as required by this chapter;
(iii) 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;
(iv) 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).
(C) Without a valid Certificate of Authority, the institution
must immediately cease and desist all operations, including granting
degrees, offering courses leading to degrees, receiving payments from
students for courses which may be applicable toward a degree, or enrolling
new students.
(i) If an institution must cease and desist operations,
within forty-five (45) days of the adverse determination becoming
final and binding, the institution must 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.
Cont'd... |
