(ii) The teach-out agreement shall be in writing, shall
be subject to Board staff approval prior to implementation, 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) Reapplication After Revocation of Certificate of
Authority.
(i) The institution will not be eligible to reapply
for a period of one hundred eighty (180) days.
(ii) The subsequent application must show, in addition
to all other requirements described herein, correction of the deficiencies
which led to the denial.
(iii) The period of time during which the institution
does not hold a Certificate of Authority shall not be counted against
the eight (8) year period within which the institution must achieve
accreditation from a Board-recognized accrediting agency absent sufficient
cause, as described in paragraph (7)(C) of this section; the time
period begins to run again upon reinstatement.
(10) Closure of an Institution.
(A) The governing board, owner, or chief executive
officer of an institution that plans to cease operation in the state
of Texas 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 prior to implementation, 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 Authority for an institution
is automatically withdrawn as of the date the institution closes.
The Commissioner may grant to an institution that has existing 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.
(i) The curriculum and delivery shall be appropriate
to accommodate the remaining students.
(ii) No new students shall be admitted to the transferred
degree program unless the new entity seeks and receives permanent
approval for the program(s) from the Board, or Board staff, as delegated,
or the transferred degree program already has such approval.
(E) The institution shall transfer all academic records
pursuant to §7.15 of this chapter (relating to Academic Records
Maintenance, Protection, and Repository of Last Resort).
(F) The Coordinating Board has delegated its authority
to approve institution closure arrangements and agreements to the
Assistant Commissioner with oversight of the closing institution.
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Source Note: The provisions of this §7.8 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective November 29, 2010, 35 TexReg 10497; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 24, 2013, 38 TexReg 8434; amended to be effective March 4, 2014, 39 TexReg 1363; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395; amended to be effective November 11, 2021, 46 TexReg 7600; amended to be effectiveMay 16, 2024, 49 TexReg 3257 |