An institution which is not accredited by a Board-recognized
accreditor and which does not meet the definition of institution of
higher education contained in Texas Education Code, §61.003,
must follow the Certificate of Authority process in paragraphs (1)
- (9) of this section in order to offer degrees or courses leading
to degrees in the state of Texas. Institutions are encouraged to contact
the Board staff before filing a formal application.
(1) Certificate of Authority Eligibility.
(A) The Board will accept applications for a Certificate
of Authority only from those applicants:
(i) proposing to offer a degree or credit courses leading
to a degree; and
(ii) which meet one of the following conditions:
(I) has been legally operating, enrolling students,
and conducting classes in Texas and has complied with state law as
either a non-degree-granting institution or an exempt institution
only offering degrees in religious disciplines for a minimum of two
(2) years;
(II) has been legally operating, enrolling students,
and conducting classes in Texas and has complied with state law as
a degree-granting institution and seeks to open a new campus;
(III) has been legally operating as a degree-granting
institution in another state for a minimum of four (4) years and can
verify compliance with all applicable laws and rules in that state;
or
(IV) does not meet one of the three previous operational
history conditions, but meets additional application and review requirements
for its initial application, and agrees to meet additional conditions,
restrictions, or reporting requirements during its first two years
of operation under a Certificate of Authority. The Certificate of
Authority will be issued with written, specific conditions, restrictions,
or reporting requirements placed upon the institution.
(B) To be considered by the Board as operating, means
to have assembled a governing board, developed policies, materials,
and resources sufficient to satisfy the requirements for a Certificate
of Authority, and either have enrolled students and conducted classes
or accumulated sufficient financing to do so for at least one year
upon certification based on reasonable estimates of projected enrollment
and costs. Sufficient financing may be demonstrated by proof of an
adequate surety instrument meeting requirements as defined in §7.16
of this subchapter (relating to Financial Protections for Student
Tuition and Fees), including but not limited to, a surety bond, an
assignment of a savings or escrow account, certificate of deposit,
irrevocable letter of credit, or a properly executed participation
contract with a private association, partnership, corporation, or
other entity whose membership is comprised of postsecondary institutions.
(2) Certificate of Authority Restrictions for Professional
Degrees.
(A) The Board may not issue a Certificate of Authority
for a private postsecondary institution to grant a professional degree,
as defined in §7.3 of this title (relating to Definitions), or
to represent that credits earned in this state are applicable toward
a degree unless the Board determines there is evidence of program
need and institutional ability, including but not limited to the following:
(i) capacity and ability of similar professional degree
programs at institutions of higher education and private or independent
institutions of higher education are insufficient to meet the state's
current market needs;
(ii) the institution seeking the certificate of authority:
(I) has the necessary faculty and other resources to
ensure student success; and
(II) is subject to and agrees to meet the same standards
for approval and all academic criteria applicable to similar professional
degree programs offered by institutions of higher education and private
or independent institutions of higher education (as defined under
Texas Education Code, §61.003).
(iii) sufficient placements are available to students
for required field-based experience, such as clinicals or clerkships,
for the proposed professional degree.
(B) The Board may not issue a Certificate of Authority
for a private postsecondary institution to grant a professional degree
or to represent that credits earned in this state are applicable toward
a degree if the institution is chartered in a foreign country or has
its principal office or primary educational program in a foreign country.
(3) Certificate of Authority Application Submission
and Requirements.
(A) An applicant must submit an application to the
Board to be considered for a Certificate of Authority to offer identified
proposed degree(s), and courses which may be applicable toward a degree,
in Texas.
(i) Applications must be submitted as an original and
a copy in an electronic format as specified by Board staff, and accompanied
by the application fee described in paragraph (3) of this section.
(ii) A single desk review of the application will be
conducted to determine completeness and readiness for a site team
visit.
(iii) The desk review may be done, in consultation
with Board staff, by a reviewer who will act as the site review team
leader if the application is deemed complete and ready for a site
team visit.
(iv) The desk reviewer, in consultation with Board
staff, may make three possible recommendations. Board staff will make
a final determination on acceptability of the application based on
one of the three recommendations:
(I) The application is determined to be foundationally
incomplete in one or more Standards for Operation of Institutions
as described in §7.4 of this chapter and not ready for submission.
A foundationally incomplete application is one where the Standards
for Operation of Institutions have not been met to such a degree that
the institution is unlikely to be sustainable or operational.
(II) The application may be resubmitted after incorporating
revisions or additions suggested by the reviewer. The revisions or
additions must allow the application to meet all Standards for Operation
of Institutions.
(III) The application is acceptable and ready for a
site review visit.
(v) If the application is foundationally incomplete
and not ready for submission, a portion of the application fee, if
not expended during the desk review, may be returned and another application
may not be submitted for one year from the date of rejection of the
foundationally incomplete application.
(B) The application form for the Certificate of Authority
may be found on the Board's website.
(C) The Certificate of Authority application must include:
(i) The name and address of the institution;
(ii) The purpose and mission of the institution;
(iii) Documentary evidence of compliance with paragraph
(1)(A)(i)-(ii) of this section;
(iv) Documentary evidence of either a Letter of Exemption
or Certificate of Approval from the Texas Workforce Commission pursuant
to Texas Education Code, Chapter 132;
(v) Documentary evidence of articles of incorporation
or other Texas-authorized organizational documents, regulations, rules,
constitutions, bylaws, or other regulations established for the governance
and operation of the institution;
(vi) Identification, by name and contact information,
of:
(I) The sponsors or owners of the institution;
(II) The designated Single Point of Contact as defined
in §7.3 of this chapter (relating to Definitions);
(III) The chief administrative officer, the principal
administrators, and each member of the board of trustees or other
governing board;
(IV) Identification of faculty who will, in fact, teach
in each program of study, including identification of colleges attended
and copies of transcripts for every degree held by each faculty member;
(vii) Information regarding each degree or course leading
to a degree which the applicant proposes to offer, including a full
description of the proposed degree or degrees to be awarded and the
course or courses of study prerequisite thereto;
(viii) A description of the facilities and equipment
utilized by the applicant, including, if applicable, all equipment,
software, platforms and other resources used in the provision of education
via online or other distance education;
(ix) Detailed information describing the manner in
which the applicant complies with each of the Standards of Operations
of Institutions contained in §7.4 of this chapter (relating to
Standards for Operations of Institutions);
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