| (A) While in Texas, a representative of the school
or a person being paid by the school, who conducts an activity related
to postsecondary education, including for the purposes of recruiting
students (excluding the occasional participation in a college/career
fair involving multiple institutions or other event similarly limited
in scope in the state of Texas), teaching or proctoring courses including
internships, clinicals, externships, practicums, and other similarly
constructed educational activities (excluding those individuals that
are involved in teaching courses in which there is no physical contact
with Texas students or in which visiting students are enrolled), or
grants certificates or degrees; and/or
(B) The institution has any location within the state
of Texas which would include any address, physical site, telephone
number, or facsimile number within or originating from within the
boundaries of the state of Texas. Advertising to Texas students, whether
through print, billboard, internet, radio, television, or other medium
alone does not constitute a physical presence.
(28) Postsecondary Educational Institution--An educational
(A) is not a public community college, public technical
college, public senior college or university, medical or dental unit
or other agency as defined in Texas Education Code, §61.003;
(B) is incorporated under the laws of this state, or
maintains a place of business in this state, or has an agent or representative
present in this state, or solicits business in this state; and
(C) furnishes or offers to furnish courses of instruction
in person, by electronic media, by correspondence, or by some means
or all leading to a degree; provides or offers to provide credits
alleged to be applicable to a degree; or represents that credits earned
or granted are collegiate in nature, including describing them as
"college-level," or at the level of any protected academic term.
(29) Private Postsecondary Educational Institution--An
(A) is not an institution of higher education as defined
by Texas Education Code, §61.003;
(B) is incorporated under the laws of this state, maintains
a place of business in this state, has an agent or representative
presence in this state, or solicits business in this state; and
(C) furnishes or offers to furnish courses of instruction
in person, by electronic media, or by correspondence leading to a
degree or providing credits alleged to be applied to a degree.
(30) Professional Degree--A degree that is awarded
for a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor
of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.),
Juris Doctor (J.D.), and Bachelor of Laws (LL.B.) and their equivalents
and foreign cognates.
(31) Program or Program of Study--Any course or grouping
of courses which are represented as entitling a student to a degree
or to credits applicable to a degree.
(32) Protected Term--The terms "college," "university,"
"school of medicine," "medical school," "health science center," "school
of law," "law school," or "law center," its abbreviation, foreign
cognate or equivalents.
(33) Reciprocal State Exemption Agreement--An agreement
entered into by the Board with an out-of-state state higher education
agency or higher education system for the purpose of creating a reciprocal
arrangement whereby that entity's institutions are exempted from the
Board oversight for the purposes of distance education. In exchange,
participating Texas public and private or independent institutions
of higher education as defined in Texas Education Code, §61.003
and private postsecondary educational institutions as defined in Texas
Education Code, §61.302(2) would be exempted from that state's
oversight for the purposes of distance education.
(34) Representative--A person who acts on behalf of
an institution regulated under this subchapter. The term includes,
without limitation, recruiters, agents, tutors, counselors, business
agents, instructors, and any other instructional or support personnel.
(35) Required State or National Licensure--The requirement
for graduates of certain professional programs to obtain a license
from state or national entities for entry-level practice.
(36) Sanction--An action taken by an accrediting agency
indicating that an institution is out of compliance with its accrediting
agency's standards or criteria and may lose such accreditation if
the institution does not take action to comply within a certain period
of time. Sanctions include, but are not limited to, warnings, notations,
probation, or loss of accreditation and equate to a violation of this
(37) Single Point of Contact--An individual who is
designated by an institution as the person responsible for receiving
and conveying information between an institution and the Board or
Board staff. The Board will direct all communications regarding an
institution to the Single Point of Contact. Institutions must inform
the Board of changes in the designated Single Point of Contact within
30 days of change.
(38) Substantive Change--Any change in principal location,
ownership, or governance of an institution, change in accrediting
agency or final action by an accrediting agency changing such institution's
status with such accrediting agency, including negative actions taken
by the accrediting agency against an institution, change in degree-
or credential-level for an approved program, addition of new programs,
degrees or credentials offered, change of institution name, or change
in United States Department of Education requirements for receipt
of federal financial aid based on financial or accreditation status.
(39) Visiting Student--A student pursuing a degree
at an out-of-state institution (i.e., home institution) with no physical
presence in Texas who has permission from the home institution and
a Texas institution, which is either exempt from Board rules or currently
in compliance with Board rules, to take specific courses at the Texas
institution. The two institutions have an agreement that courses taken
at the Texas institution will transfer back to the home institution.
|Source Note: The provisions of this §7.3 adopted to be effective December 6, 2009, 34 TexReg 8515; amended to be effective May 26, 2010, 35 TexReg 4152; amended to be effective November 29, 2011, 36 TexReg 8012; amended to be effective May 29, 2012, 37 TexReg 3801; amended to be effective February 26, 2013, 38 TexReg 1152; amended to be effective August 15, 2013, 38 TexReg 5070; amended to be effective November 24, 2013, 38 TexReg 8434; amended to be effective March 4, 2014, 39 TexReg 1363; amended to be effective November 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to beeffective March 2, 2020, 45 TexReg 1395