| (vi) a written teach-out plan, which must be approved
by Board staff before implementation.
(D) After reviewing the evidence, the Commissioner
will issue a notice of determination, which in the case of an adverse
determination, shall contain information regarding the reasons for
the denial, and the institution's right to a hearing.
(E) If a determination under this section is adverse
to an institution, it shall become final and binding unless, within
forty-five (45) days of its receipt of the adverse determination,
the institution invokes the administrative remedies contained in Chapter
1, Subchapter B of this title (relating to Dispute Resolution).
(F) If a determination allows the institution to continue
operating, a new Certificate of Authorization will be provisionally-granted.
Provisions for continued operation under the new Certificate of Authorization
may include, but are not limited to:
(i) requirements to provide updates to Board staff
on a monthly basis;
(ii) continued progress toward full compliance with
all Board rules and requirements;
(iii) continued progress toward new Board-recognized
accreditation, if applicable, or toward approval for a Certificate
of Authority; and
(iv) other requirements imposed by the Board.
(G) Certificates of Authorization which are provisionally-granted
after a notice of revocation continue only as long as the institution
complies with all such provisions.
(6) Closure of an Institution.
(A) The governing board, owner, or chief executive
officer of an institution that plans to cease operation shall provide
the Board with written notification of intent to close at least ninety
(90) days prior to the planned closing date.
(B) If an institution closes unexpectedly, the governing
board, owner, or chief executive officer of the school shall provide
the Board with written notification immediately.
(C) If an institution closes or intends to close before
all currently enrolled students have completed all requirements for
graduation, the institution shall assure the continuity of students'
education by entering into a teach-out agreement with another institution
authorized by the Board to hold a Certificate of Authority, with an
institution operating under a Certificate of Authorization, or with
a public or private institution of higher education as defined in
Texas Education Code §61.003. The agreement shall be in writing,
shall be subject to Board approval, shall contain provisions for student
transfer, and shall specify the conditions for completion of degree
requirements at the teach-out institution. The agreement shall also
contain provisions for awarding degrees.
(D) The Certificate of Authorization for an institution
is automatically withdrawn when the institution closes. The Commissioner
may grant to an institution that has a degree-granting authority temporary
approval to award a degree(s) in a program for which the institution
does not have approval in order to facilitate a formal agreement as
outlined under this section.
(E) The curriculum and delivery shall be appropriate
to accommodate the remaining students.
(F) No new students shall be allowed to enter the transferred
degree program unless the new entity seeks and receives permanent
approval for the program(s) from the Board.
(G) The institution shall transfer all academic records
pursuant to §7.15 of this chapter (relating to Academic Records
Maintenance, Protection, and Repository of Last Resort).
(H) The Coordinating Board has delegated its authority
to approve institution closure arrangements and agreements to the
Assistant Commissioner with oversight of the closing institution.
|
| Source Note: The provisions of this §7.7 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, 2010, 35 TexReg 10497; 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 23, 2016, 41 TexReg 9113; amended to be effective February 28, 2018, 43 TexReg 1068; amended to be effective March 2, 2020, 45 TexReg 1395; amended to be effective November 11, 2021, 46 TexReg 7600 |
