| (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 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)
of this subchapter 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
(j) Course completion certificate.
(1) Upon successful completion of a qualifying course,
a provider shall issue a course completion certificate that a student
can submit to the Commission. The course completion certificate shall
(A) the provider's name and approval number;
(B) the instructor's name;
(C) the course title;
(D) course numbers;
(E) the number of classroom credit hours;
(F) the course delivery method;
(G) the dates the student began and completed the course;
(H) 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 add additional questions to the end of the Commission evaluation
questions or request the students to also complete the provider's
(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
(l) Maintenance of records for a provider of qualifying
(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
(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
(4) All records may be maintained electronically but
must be in a common format that is legible 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 operations of the provider by submitting the Qualifying Education
Provider Supplement Application, including but not limited to changes
(A) Operations or records management; and
(B) the location of main office and any other locations
where courses are offered.
(2) An approved provider requesting approval of a change
in ownership shall provide all of the following information or documents
to the Commission:
(A) an Education Provider Application reflecting all
required information for each owner and the required fee;
(B) a Principal Information Form for each proposed
new owner who holds at least 10% interest in the school;
(C) financial documents to satisfy standards imposed
by §535.61 of this subchapter (relating to Approval of Providers
of Qualifying Courses), including a $20,000 surety bond for the proposed
new owner; and
(D) business documentation reflecting the change.
|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; amended to be effective March 5, 2018, 43 TexReg 1279; amended to be effective December 9, 2018, 43 TexReg 7898; amended to be effective September 2, 2019, 44 TexReg 4735; amended to be effective August 31, 2020, 45 TexReg 6113