| the report if all were in the same original class. (4) Dropped must be limited to those students who missed more than two-thirds of the scheduled class in which originally enrolled; those who voluntarily terminated their enrollment; or those whose enrollment was terminated for cause by a school director. (ll) Each school shall issue to the students successfully completing a course of instruction an official certificate which reflects the school's name, branch, course title, course numbers, and the number of classroom hours (or other recognized educational unit) involved in the course. All core course certificates must show the statutory core course title or other identification as prescribed by the commission. Certificates also must show the date of issuance and be
signed by an official of the school, or if the certificate is computer printed, the school logo may be substituted for the signature. Originals or copies of the certificates may be presented to the commission as evidence of successful completion of the course of instruction. Letters or other official communications also may be provided to students for submission to the commission as evidence of satisfactory completion of the course. Such letters must fully reflect the school name, the course title and number, educational units, and be dated and signed by an official of the school, or if the letter is computer printed, the school logo may be substituted for the signature. Each school shall maintain adequate security for completion certificates and letters. Compliance with this requirement will be determined by the commission during all school audits. A school may withhold a student's certificate of completion of a course until the student has fulfilled the student's financial
obligation to the school. (mm) Each accredited school shall maintain records of each student enrolled in any course for a minimum of five years. The full class file and student enrollment agreements must be retained for at least 12 months following completion of the class. In the event that a school should cease operation for any reason, the school shall be responsible for maintaining the records or providing a custodian for the records acceptable to the commission. In no circumstances will the commission take custody of the records. Record custodians must be notaries who will make copies of course completion certificates available to the students at the fee in effect for duplicate transcripts at the time the school ceased operation. (nn) Each school accredited by the commission shall maintain financial records sufficient to reflect at any time the financial condition of the school. A school's financial statement and balance sheets must be
available for audit by commission personnel, and the commission may require presentation of financial statements or other financial records. (oo) The commission may place on probation, suspend operation, or withdraw the accreditation of a school should it be determined that the school's financial condition is insufficient for continuing operation. (pp) A student who attends at least two-thirds of a scheduled course may complete makeup work to complete attendance requirements. Acceptable makeup procedures are the attendance in the corresponding class sessions in a subsequent offering of the same course; the supervised presentation by audio or video tape of the class sessions actually missed; or specific reading of textbook material on the missed subject(s) and a substantial written report on those subjects. Records of all makeup and any required written work must be made a part of the class file to be retained for 12 months. All class makeup
sessions must be completed within 90 days of the completion of the original course or the student must be considered dropped with no credit for the course. Makeup procedure must be subject to the approval of a school staff member. A student attending less than two-thirds of the originally scheduled course must automatically be dropped from the course without credit and reported as dropped. Dropped status may not be changed by makeup sessions, and any hours accumulated may not be transferred to any other course. Schools may develop policies to retain an administrative fee up to $25 and to prorate the balance of tuition fees based on the hours of classroom attendance. Attendance requirements, acceptable makeup procedures, fees that may be charged for makeup sessions, time limits for makeup sessions, and the refund policy of the school shall be clearly specified in the course enrollment agreement signed by the student prior to the start of the class. (qq) Any
commission-approved course of instruction is subject to audit by personnel authorized by the commission. Audits will be conducted without prior notice to the school, and commission employees may enroll and attend a course without identifying themselves as employees of the commission. Commission employees also may evaluate the effectiveness of course materials or instructors through surveys of students. The commission may require schools to furnish students with an evaluation form approved by the commission and to request that the students complete and return the form directly to the licensing and education division of the commission. An audit report or evaluation indicating noncompliance with these sections will be treated as a written complaint against the school or instructor concerned and will be referred to the enforcement division of the commission for appropriate resolution. Commission employees may file written complaints against providers or instructors if course completion
rosters or other documents filed with the commission provide reasonable cause to believe a violation of these sections has occurred. (rr) Each accredited school shall pay the fee prescribed by the Act, §11(10), and by §535.101 of this title (relating to Fees) no later than December 31 of each year. Prior to December 31 of each year, the commission shall send a written notice to each school to pay the fee, but the school's obligation to pay the fee is not affected by any failure to receive the notice. (ss) Complaints, investigations, and hearings involving schools accredited by the commission shall be governed or conducted in the manner required by the provisions of §535.73 of this title (relating to Compliance and Enforcement). The commission may reprimand, place on probation or suspend or withdraw accreditation of a school or course offered by a school or other person approved to offer courses when it has been determined that
the school or person has been guilty of: (1) procuring or attempting to procure approval for a school, course or instructor by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the commission; (2) making a false representation to the commission, either intentionally or negligently, that a person had attended a course or a portion of a course for which credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for course credit; (3) aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination, or any other requirement for course credit; (4) failing to provide within 15 days information requested by the commission as a result of a complaint which would indicate a violation of these sections;
(5) making a materially false statement to the commission in response to a request from the commission for information relating to a complaint against the school or instructor; or (6) disregarding or violating a provision of these sections or of the Act.
|
| Source Note: The provisions of this §535.66 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 4000; amended to be effective December 25, 1980, 5 TexReg 4909; amended to be effective August 27, 1981, 6 TexReg 3004; amended to be effective March 30, 1987, 12 TexReg 824; amended to be effective July 14, 1987, 12 TexReg 2146; amended to be effective October 2, 1991, 16 TexReg 5210; amended to be effective September 24, 1993, 18 TexReg 6215; amended to be effective May 4, 1995, 20 TexReg 3015; amended to be effective September 7, 1995, 20 TexReg 6653; amended to be effective April 10, 1997, 22 TexReg 3230; amended to be effective October 21, 1997, 22 TexReg 10316; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective October 5, 1998, 23 TexReg 9980.
|
