| (1) A provider may not enroll a student in a course
during the 60-day period immediately before the expiration of the
provider's current approval unless the provider has submitted an application
for renewal for another four year period not later than the 60th day
before the date of expiration of its current approval.
(2) Approval or disapproval of a renewal shall be subject
to:
(A) the standards for initial applications for approval
set out in this section; and
(B) whether the approved provider has met or exceeded
the exam passage rate benchmark established by the Commission under
subsection (l) of this section.
(3) The Commission will not require a financial review
for renewal if the applicant has provided a statutory bond or other
security acceptable to the Commission under §1101.302 of the
Act, and there are no unsatisfied final money judgments against the
applicant.
(4) The Commission may deny an application for renewal
if the provider is in violation of a Commission order.
(l) Exam passage rates and benchmark.
(1) The exam passage rate for an approved provider
shall be:
(A) calculated for each license category for which
the provider offers courses and an examination is required; and
(B) displayed on the Commission website by license
category.
(2) A student is affiliated with a provider under this
subsection if the student took the majority of his or her qualifying
education with the provider in the two year period prior to taking
the exam for the first time.
(3) The Commission will calculate the exam passage
rate of an approved provider on a monthly basis, rounded to two decimal
places on the final calculated figure, by:
(A) determining the number of students affiliated with
that approved provider who passed the examination on their first attempt
in the two-year period ending on the last day of the previous month;
and
(B) dividing that number by the total number of students
affiliated with that provider who took the exam for the first time
during that same period.
(4) For purposes of approving a renewal application
under subsection (j) of this section, the established exam passage
rate benchmark for each license category is 80% of the average percentage
of the total examinees for that license category who passed the examination
on the first attempt in the two year period ending on the last day
of the previous month.
(5) If at the time the Commission receives a renewal
application from the provider requesting approval for another four
year term, the provider's exam passage rate does not meet the established
benchmark for a license category the provider will be:
(A) denied approval to continue offering courses for
that license category if the provider's exam passage rate is less
than 50% of the average percentage of the total examinees for that
license category who passed the examination on the first attempt in
the two year period ending on the last day of the previous month;
or
(B) placed on probation by the Commission if the provider's
exam passage rate is greater than 50% but less than 80% of the average
percentage of the total examinees for that license category who passed
the examination on the first attempt in the two year period ending
on the last day of the previous month.
(6) The exam passage rate of a provider on probation
will be reviewed annually at the time the annual operating fee is
due to determine if the provider can be removed from probation, remain
on probation or have its license revoked, based on the criteria set
out in paragraph (5) of this subsection.
|
| Source Note: The provisions of this §535.61 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective March 6, 2017, 42 TexReg 1027; amended to be effective September 2, 2019, 44 TexReg 4735; amended to be effective December 11, 2019, 44 TexReg 7703; amended to be effective September 1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948 |
