An institution which does not meet the definition of institution
of higher education contained in Texas Education Code §61.003
and wishes to offer distance education to students in Texas must follow
the requirements in paragraph (1) or (2) of this section. For the
purposes of this section distance education shall mean education or
training delivered off campus via educational technologies where the
student(s) and the instructor(s) are separated by physical distance
and/or time.
(1) Exempt Institutions.
(A) An institution is exempt and does not need to receive
permission from the Board to offer distance education programs and
courses to Texas students if it fulfills the following:
(i) Accredited to offer degrees at a specific level
either by an accrediting agency recognized by the Board or an accrediting
agency recognized by the Secretary of Education of the U.S. Department
of Education or approved by a Texas state agency which authorizes
the school's graduates to take a professional or career and technical
state licensing examination administered by that agency;
(ii) No physical presence in the state as defined by §7.3
of this chapter (relating to Definitions); and
(iii) Meets and agrees to comply with Council of Regional
Accrediting Commissions (C-RAC) provisions as listed in this section.
(B) An institution is also exempt and does not need
to receive permission from the Board to offer distance education programs
and courses to Texas students if it is covered by a reciprocal state
exemption agreement.
(C) An institution's exemption applies only to the
degree level for which the programs or institution is accredited.
(D) An institution's exemption under subparagraph (A)
or (B) of this paragraph continues as long as it is in compliance
with subparagraph (A) or (B) of this paragraph. Exempt institutions
must also maintain compliance with subparagraph (C) of this paragraph.
If an institution is no longer accredited by an accrediting agency
recognized by the Board or an accrediting agency recognized by the
Secretary of Education of the U.S. Department of Education or no longer
approved by a Texas state agency which authorizes the school's graduates
to take a professional or career and technical state licensing examination
administered by that agency and/or maintains a physical presence in
Texas or if an institution is no longer covered by a reciprocal state
exemption agreement, the institution is no longer eligible for an
exemption and must receive Board authority to offer distance education
to Texas students. The institution would need to either submit an
application for a Certificate of Authority as outlined under §7.8
of this chapter (relating to Institutions Not Accredited by a Board-Recognized
Accreditor) or for a Certificate of Authorization as outlined under §7.7
of this chapter (relating to Institutions Accredited by Board-Recognized
Accreditors).
(2) Nonexempt Institutions.
(A) An institution is not exempt and must receive Board
permission to offer distance education programs and courses to Texas
students if it fulfills any of the following:
(i) Is accredited to offer degrees at a specific level
by an accrediting agency recognized by the Board or approved by a
Texas state agency which authorizes the school's graduates to take
a professional or career technical state licensing examination administered
by that agency and maintains a physical presence in Texas as defined
by §7.3 of this chapter; the institution would need to submit
an application for a Certificate of Authorization as outlined under §7.7
of this chapter; or
(ii) Is not accredited to offer degrees at a specific
level by an accrediting agency recognized by the Board or an accrediting
agency recognized by the Secretary of Education of the U.S. Department
of Education nor approved by a Texas state agency which authorizes
the school's graduates to take a professional or career technical
state licensing examination administered by that agency. The institution,
whether or not it maintains a physical presence in Texas as defined
by §7.3 of this chapter, would need to submit an application
for a Certificate of Authority as outlined under §7.8 of this
chapter.
(B) An institution that would like to offer a degree
program or courses leading to a degree in a religious discipline via
distance education is exempt from seeking Board approval. A religious
institution that would like to offer a degree program or courses leading
to a degree in a non-religious discipline via distance education must
follow the requirements outlined in subparagraph (A)(i) and (ii) of
this paragraph.
(C) As part of its qualification or continued approval
for a Certificate of Authorization or a Certificate of Authority,
a nonexempt institution must meet and agree to comply with C-RAC provisions
as listed in this section before offering distance education.
(3) Board staff shall utilize the best practices in
postsecondary distance education as adopted by the C-RAC as standards
for approval of distance education offered in Texas or to Texas residents.
C-RAC provisions applicable to all institutions offering distance
education under this section include:
(A) Online learning is appropriate to the institution’s
mission and purposes;
(B) The institution’s plans for developing, sustaining,
and, if appropriate, expanding online learning offerings are integrated
into its regular planning and evaluation processes;
(C) Online learning is incorporated into the institution’s
systems of governance and academic oversight;
(D) Curricula for the institution’s online learning
offerings are coherent, cohesive, and comparable in academic rigor
to programs offered in traditional instructional formats;
(E) The institution evaluates the effectiveness of
its online learning offerings, including the extent to which the online
learning goals are achieved, and uses the results of its evaluations
to enhance the attainment of the goals;
(F) Faculty responsible for delivering the online learning
curricula and evaluating the students’ success in achieving
the online learning goals are appropriately qualified and effectively
supported;
(G) The institution provides effective student and
academic services to support students enrolled in online learning
offerings;
(H) The institution provides sufficient resources to
support and, if appropriate, expand its online learning offerings;
and
(I) The institution assures the integrity of its online
offerings.
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Source Note: The provisions of this §7.14 adopted to be effective November 29, 2011, 36 TexReg 8012; amended to be effective May 29, 2012, 37 TexReg 3801; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective November 23, 2016, 41 TexReg 9113 |