Historical Rule for the Texas Administrative Code

RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses

        (I) attendance in corresponding class sessions in a subsequent offering of the same course; or

        (II) the supervised presentation by audio or video recording of the class sessions actually missed.

      (iii) A student shall complete all class makeup sessions no later than the 90th day after the date of the completion of the original course.

      (iv) Dropped status may not be changed by makeup sessions, and any hours accumulated by a student may not be transferred to any other course, prior to being dropped from a course.

      (v) A student who attends less than two-thirds of the originally scheduled qualifying course is not eligible to complete a makeup session. The student shall automatically be dropped from the course with no credit and the provider shall report the student's status to the Commission.

  (2) Distance Education Delivery. The provider must ensure that:

    (A) the student taking all topics of the course and completing all quizzes and exercises is the student receiving credit for the course through a validation process that meets guidelines approved by the Commission;

    (B) an approved instructor is available to answer students' questions or provide assistance as necessary in a timely manner;

    (C) a student has completed all instructional modules and attended any hours of live instruction required for a given course; and

    (D) an approved instructor is responsible for providing answers and rationale for the grading of the written course work.

  (3) A provider is not required to present topics and units in the order outlined for a course on the corresponding course approval form.

  (4) The periods of time prescribed to each unit of a topic for a qualifying course as outlined on the corresponding course approval form are recommendations and may be altered to allow instructors flexibility to meet the particular needs of their students.

(h) Course examinations.

  (1) The final examination given at the end of each course must be given in a form and with questions that were submitted to the Commission with the course approval form.

  (2) Final examination questions must be kept confidential and be significantly different from any quizzes and exercises used in the course.

  (3) A provider shall not permit a student to view or take a final examination before the completion of regular course work and any makeup sessions required by this section.

  (4) A provider must rotate all versions of the examination required by §535.62(b)(7) throughout the approval period for a course in a manner acceptable to the Commission and examinations must:

    (A) require an unweighted passing score of 70%; and

    (B) be proctored by a member of the provider faculty or staff, or third party proctor acceptable to the Commission, who:

      (i) is present at the test site or able to monitor the student through the use of technology acceptable to the Commission; and

      (ii) has positively identified that the student taking the examination is the student registered for and who took the course.

  (5) The following are acceptable third party proctors:

    (A) employees at official testing or learning/tutoring centers;

    (B) librarians at a school, university, or public library;

    (C) college or university administrators, faculty, or academic advisors;

    (D) clergy who are affiliated with a specific temple, synagogue, mosque, or church; and

    (E) educational officers of a military installation or correctional facility.

  (6) A provider may not give credit to a student who fails a final examination and a subsequent final examination as provided for in subsection (i) of this section.

(i) Subsequent final course examination.

  (1) If a student fails a final course examination, a provider may permit the student to take a subsequent final examination only after the student has:

    (A) waited at least three calendar days; and

    (B) completed any additional course work prescribed by the provider.

  (2) A student shall complete the subsequent final examination no later than the 90th day after the date the original class concludes. The subsequent final examination must be a different version of the original final examination given to the student and must comply with §535.62(b)(1)(G) and subsection (h) of this section.

  (3) If a student fails to timely complete the subsequent final examination as required by this subsection, the student shall be automatically dropped from the course with no credit.

  (4) A student who fails the final course examination a second time is required to retake the course and the final course examination.

(j) Course completion certificate.

  (1) Upon successful completion of a core course, a provider shall issue a course completion certificate that a student can submit to the Commission. The course completion certificate shall show:

    (A) the provider's name and approval number;

    (B) the instructor's name and instructor license number assigned by the Commission;

    (C) the course title;

    (D) course numbers;

    (E) the number of classroom credit hours;

    (F) the dates the student began and completed the course; and

    (G) printed name and signature of an official of the provider on record with the Commission.

  (2) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.

  (3) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection.

(k) Instructor and course evaluations.

  (1) A provider shall provide each student enrolled in a course with an instructor and course evaluation form and provide a link to an online version of the form that a student can complete and submit any time after course completion.

  (2) An instructor may not be present when a student is completing the evaluation form and may not be involved in any manner with the evaluation process.

  (3) When evaluating an instructor or course, a provider shall use all of the questions from the evaluation form approved by the Commission, in the same order as listed on that form. A provider may also add additional questions to the end of the Commission evaluation questions or request the students to also complete the provider's evaluation form.

  (4) A provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

  (5) At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(l) Maintenance of records for a provider of qualifying courses.

  (1) A provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.

  (2) A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school.

  (3) A school's financial statement and balance sheets must be available for audit by Commission staff, and the Commission may require presentation of financial statements or other financial records.

  (4) All records may be maintained electronically but must be in a common format that is legibly and easily printed or viewed without additional manipulation or special software.

(m) Changes in Ownership or Operation of an approved provider of qualifying courses.

  (1) An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operation of the provider, including but not limited to changes in:

    (A) ownership;

    (B) management; and

    (C) the location of main office and any other locations where courses are offered.

  (2) An approved provider, upon transfer to the new owner, must meet the financial review standards imposed by §535.61 of this subchapter.

  (3) An approved provider requesting approval of a change in ownership shall provide all of the following information or documents to the Commission:

    (A) a new bond of $20,000 for the proposed new owner, a statement from the bonding company indicating that the former bond will transfer to the proposed new owner, or other security acceptable to the Commission under §1101.302 of the Act;

    (B) an Education Provider Application reflecting all required information for each proposed new owner;

    (C) a Principal Information Form for each proposed new owner who would hold at least a 10% interest in the school; and

    (D) pay the fee required by §535.101 or §535.210 of this title.

Source Note: The provisions of this §535.65 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective December 7, 2016, 41 TexReg 9522; amended to be effective May 24, 2017, 42 TexReg 2725

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