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RULE §807.134Sanctions Relating to Courses of Instruction

(a) If an approved course of instruction is discontinued for any reason, the Agency shall be notified within 72 hours of discontinuance and furnished with the names and addresses of any students who were prevented from completion of the course of instruction due to discontinuance. Should the school fail to make arrangements satisfactory to the students and the Agency for the completion of the course of instruction, the full amount of all tuition and fees paid by the students are then due and refundable. Any course of instruction discontinued will be removed from the list of approved courses of instruction.

(b) The Agency may suspend enrollments in a particular course of instruction at any time the Commission finds cause. For purposes of this subsection, cause includes, but is not limited to:

  (1) inadequate instruction;

  (2) unapproved or inadequate curriculum;

  (3) inadequate equipment; or

  (4) inadequate facilities.

(c) If a school begins teaching a course of instruction or revised course of instruction that has not been approved by the Agency, the Agency may require the school to refund to the enrolled students all or a portion of the tuition fees.

(d) If upon review and consideration of an original, renewal, or revised application for course of instruction approval, the Agency determines that the applicant fails to meet the requirements in the Act or this chapter, the Agency shall notify the school, setting forth in writing the reasons for the denial. This may include summaries of peer evaluations from both educators and employers offering similar courses of instruction.

(e) The Agency may revoke approval of a school's course of instruction at any time the Agency finds cause. For purposes of this subsection, cause includes, but is not limited to:

  (1) any statement contained in the application for the course of instruction approval which is untrue;

  (2) the school's failure to maintain the instructors, facilities, equipment, or courses of instruction, or course of instruction outcomes on the basis of which approval was issued;

  (3) advertising made on behalf of the school which is false, misleading, or deceptive, including those that use the words commonly associated with a degree other than those approved by the Coordinating Board;

  (4) courses of instruction without clearly stated limited transferability if there are no articulation agreements with other postsecondary institutions in the same geographic area;

  (5) courses of instruction for which financial aid is advertised but is not available;

  (6) repeated violations by the school that negatively impact the quality of a particular course of instruction; or

  (7) violations by the school of any applicable provision of the Act or this chapter.

(f) A school whose course of instruction approval is denied or revoked shall have the right to appeal. The Agency will conduct hearings in accordance with Agency policies and procedures applicable to the appeal.

Source Note: The provisions of this §807.134 adopted to be effective August 28, 2006, 31 TexReg 6803; amended to be effective January 23, 2012, 37 TexReg 200

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