| (VII) Information regarding heightened cash monitoring
or other changes that affect students' federal financial aid eligibility
through the US Department of Education;
(VIII) Attestation that all documentation submitted
is true and correct and continued acknowledgement of student complaint
procedure, annual review reporting requirements, substantive change
notification, and student data reporting requirements contained herein
this section, §§1.110 - 1.120 of this title, §§7.4,
7.11, 7.13, and 7.15 of this chapter, respectively.
(ii) Annual reviews are conducted based on an institution's
name and initial date of authorization.
(I) Institutions with names starting with "A" through
"O" must submit annual review documentation by January 15 of each
year. The Board will review staff recommendations at the annual July
Board meeting.
(II) Institutions with names starting with "P" through
"Z" must submit annual review documentation by July 15 of each year.
The Board will review staff recommendations at the annual January
Board meeting.
(III) Institutions that have received their first Certificate
of Authorization less than six months from the due date for submission
of annual review documentation may wait to submit documentation until
the following annual review submission date.
(iii) Prior to making a recommendation to the Board,
staff has discretion to conduct a site visit at the institution if
warranted by facts disclosed in the annual review documentation. The
Board-recognized accreditor will be notified and invited to participate.
(D) Certificates of Authorization for institutions
offering degrees or courses leading to degrees at a physical location
in Texas, upon Board staff recommendation after annual review, expire
at the end of the grant of accreditation by the Board-recognized accreditor.
(i) If a new grant of accreditation is awarded by the
Board-recognized accreditor, the Certificate of Authorization may
be renewed upon submission of documentation of the new grant of accreditation.
(ii) If an institution changes recognized accreditors,
the institution must submit a new application for a Certificate of
Authorization.
(E) Certificates of Authorizations based solely on
providing clinicals or internships in Texas expire one year from date
of issuance.
(i) If clinicals or internships are ongoing in Texas,
the Certificate of Authorization based solely on providing clinicals
or internships in Texas must be renewed on an annual basis. At least
thirty (30) days, but no more than ninety (90) days, prior to the
expiration of the current Certification of Authorization, an institution,
if it desires renewal, is required to provide updated information
regarding the physical location of all clinical or internship sites,
number of students in clinicals or internships, and the start and
end date of the clinicals or internships.
(ii) The Board shall renew the Certificate of Authorization
based solely on providing clinicals or internships in Texas if it
finds that the institution has maintained all requisite standards.
(F) Certificates of Authorization for Texas-based campuses
which are provisionally-granted based on their main campus' accreditation
expire at the end of fifteen (15) months.
(i) If accreditation has not been achieved by the expiration
date, the provisionally-granted Certificate of Authorization will
be withdrawn, the institution's authorization to offer degrees will
be terminated, and the institution will be required to comply with
the provisions of §7.8 of this chapter (relating to Institutions
Not Accredited by a Board-Recognized Accreditor).
(ii) Subsequent provisionally-granted Certificates
of Authorization will not be issued.
(iii) At least ninety (90) days prior to expiration
of the certificate, institutions operating under a provisionally-granted
Certificate of Authorization must submit either an application for
a Certificate of Authorization under this section or an application
for a Certificate of Authority under §7.8 of this chapter.
(G) Institutions under an existing Certificate of Authorization
must immediately notify the Board if the institution or its main campus
becomes subject to a sanction by its Board-recognized accreditor.
The institution must provide documentation explaining its current
status and actions taken to comply with the accrediting agency's standards
or criteria, including a timeline for returning to compliance, in
order to maintain accreditation.
(3) Restrictions Placed on Institution under Sanctions
by Its Accreditor.
(A) If an institution is under sanctions by its accreditor,
limitations appropriate for the sanction shall be placed upon the
institution's Certificate of Authorization. Limitations may include,
but are not limited to:
(i) Restrictions on adding degree programs to its authorization;
(ii) An increase in the amount of financial reserves,
lines of credit or surety instrument required to maintain a Certificate
of Authorization; and
(iii) Review every six months, including unannounced
site visits.
(B) The Board will notify the institution via letter
of all restrictions placed upon its Certificate of Authorization due
to its accreditors' sanctions.
(C) The Board will place a notice of all sanctions
placed upon an institution via the Board's website.
(D) Restrictions and public notification will be removed
upon written documentation from the institution's accreditor that
all sanctions have ended.
(4) Grounds for Revocation of any Certificate of Authorization.
(A) Institution no longer holds a Certificate of Approval
or Letter of Exemption issued by the Texas Workforce Commission.
(B) Institution loses accreditation from Board-recognized
accreditor.
(C) Institution's Accreditor is removed from the U.S.
Department of Education or the Board's list of approved accreditors.
(i) If the institution's Certificate of Authorization
is revoked due to its accrediting agency's removal from the U.S. Department
of Education and/or the Board's list of approved accreditors, the
Board, or Board staff as delegated, shall set a provisional time period
within which institutions may continue to operate, not to exceed any
provisional time period set by the United States Department of Education.
(ii) If the institution's Certificate of Authorization
is revoked due to its accrediting agency's removal from the U.S. Department
of Education or the Board's list of approved accreditors, a request
to extend its Certificate of Authorization for the provisional time
period set under paragraph (3)(C)(i) of this section, must be submitted
to the Commissioner within ten (10) days of publication, by either
the U.S. Department of Education or the Board, of such revocation.
(D) Institution fails to comply with data reporting,
substantive change notification requirements, or annual review reporting
requirements.
(E) Board staff recommends revocation based on deficiencies
in compliance with the principles addressed in §7.4 of this chapter
as evidenced by lack of compliance with the Board-recognized accreditor's
standards, which are found in annual review documentation and not
corrected by the institution upon request by Board staff.
(F) Institution offers degrees for which it does not
have accreditor approval.
(5) Process for Removal of Authorization.
(A) Commissioner notifies institution of grounds for
revocation as outlined in paragraph (3) of this section unless paragraph
(3)(C) of this section applies and the Board sets a provisional time
period for compliance.
(B) Upon receipt of the notice of revocation, the institution
shall not enroll new students and may only grant or award degrees
or offer courses leading to degrees in Texas to students enrolled
on the date of notice of revocation until it has either been granted
a Certificate of Authority to grant degrees, or has received a determination
that it did not lose its qualification for a Certificate of Authorization.
(C) Within ten (10) days of its receipt of the Commissioner's
notice, the institution must provide, as directed by Board staff,
one or more of the following:
(i) proof of its continued qualification for the exemption;
or
(ii) submit data as required by §7.13 of this
chapter; or
(iii) a plan to correct any non-compliance or deficiencies
which lead to revocation; or
(iv) a plan to seek new Board-recognized accreditation;
or
(v) written intention to apply for a Certificate of
Authority within 60 days of the notice of revocation; or
Cont'd... |
