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RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses
Historical Texas Register

    (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 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 examination.

(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 show:

    (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; and

    (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 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 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 in:

    (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; amended to be effective September 1, 2022, 47 TexReg 3053

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