In addition to the definitions contained in §800.2 of
this title, the following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly indicates
(1) Academic quarter--A period of instruction that
includes at least ten weeks of instruction, unless otherwise approved
by the Agency.
(2) Academic semester--A period of instruction that
includes at least 15 weeks of instruction, unless otherwise approved
by the Agency.
(3) Academic term--An academic quarter, academic semester,
or other progress evaluation period.
(4) Academically related activity--An exam, tutorial,
computer-assisted instruction, academic counseling, academic advisement,
turning in a class assignment, or attending a study group that is
assigned by the institution, or other activity as determined by the
(5) Accountant--An independent certified public accountant
properly registered with the appropriate state board of accountancy.
(6) Act--Texas Education Code, Chapter 132, Career
Schools and Colleges.
(7) Address of record--In addition to the mailing address
contained in the application for a certificate of approval, each career
school or college shall establish an e-mail address of record for
a distribution list that consistently maintains a minimum of two current
subscribers, with the format of the address to be "School#Director@xdomain,"
(8) Advertising--Any affirmative act designed to call
attention to a school or program for the purpose of encouraging enrollment.
(9) Agency--The unit of state government established
under Texas Labor Code, Chapter 301, that is presided over by the
Commission and administered by the executive director to operate the
integrated workforce development system and administer the unemployment
compensation insurance program in this state as established under
the Texas Unemployment Compensation Act, Texas Labor Code Annotated,
Title 4, Subtitle A, as amended. The definition of Agency shall apply
to all uses of the term in rules contained in this chapter.
(10) Appellant--The party or the party's authorized
hearing representative who files an appeal from an appealable determination
(11) Asynchronous distance education--Distance education
training that the Agency determines is not synchronous.
(12) Class or course--An identifiable unit of instruction
that is part of a program of instruction.
(13) Commission--The body of governance of the Texas
Workforce Commission composed of three members appointed by the governor
as established under Texas Labor Code §301.002 that includes
one representative of labor, one representative of employers, and
one representative of the public. The definition of Commission shall
apply to all uses of the term in rules contained in this subchapter.
(14) Coordinating Board--The Texas Higher Education
(15) Course of instruction--A program or seminar.
(16) Course time--A course or class period that is:
(A) a 50-minute to 60-minute lecture, recitation, or
class, including a laboratory class or shop training, in a 60-minute
(B) a 50-minute to 60-minute internship in a 60-minute
(C) 60 minutes of preparation in asynchronous distance
(17) Date of notice--The date the notice is mailed,
unless good cause exists for the hearing officer to determine otherwise.
(18) Date of request of hearing--The date on which
the appellant or the hearing representative filed a written notice
of appeal with the Agency by hand delivery, facsimile, or mail. If
an appeal is mailed to the Agency, then the appeal is perfected as
of the postmark date on the envelope containing the appeal request
unless good cause exists for the hearing officer to determine otherwise.
If an appeal is delivered by hand or facsimile after 5:00 p.m., the
date of request shall be the next day.
(19) Distance education course--Either a seminar or
a program that is offered to non-residence school students via correspondence
or other media from a remote site on a self-paced schedule, excluding
programs using interactive instruction.
(20) Distance education school--A school that offers
only distance education courses.
(21) Employment--A graduating or graduate student's
employment in the same or substantially similar occupation for which
the student was trained.
(22) Good reputation--The possession of honesty and
truthfulness, trustworthiness and reliability, and a professional
commitment to the educational process and the training or preparing
of a person for a field of endeavor in a business, trade, technical,
or industrial occupation, as well as the condition of being regarded
as possessing such qualities. In determining whether a person is of
good reputation, the Agency is not limited to the following acts or
omissions. The Agency may consider similar acts or omissions and rehabilitation
efforts in response to prior convictions in making its determination.
A person is considered to be of good reputation if the person:
(A) has never been convicted of a felony or any other
crime that would constitute risk of harm to the school or students
as determined by the Agency;
(B) has not been successfully sued for fraud or deceptive
trade practices, or breach of contract, within the last 10 years;
(C) does not own or administer a school currently in
violation of legal requirements, has never owned or administered a
school with repeated violations, and has never owned or administered
a school that closed with violations including, but not limited to,
unpaid refunds; or
(D) has not knowingly falsified or withheld information
from the Agency.
(23) Hearing--An informal, orderly, and readily available
proceeding held before an impartial hearing officer. A party or hearing
representative may present evidence to show that the Agency's determination
should be reversed, affirmed, or modified.
(24) Hearing officer--An Agency employee designated
to conduct impartial hearings and issue final administrative decisions.
(25) Hearing representative--Any individual authorized
by a party to assist the party in presenting the party's appeal. A
hearing representative may be legal counsel or another individual.
Each party may have a hearing representative to assist in presenting
the party's appeal.
(26) Human Trafficking--The action or practice of illegally
transporting people for the purposes of forced labor or commercial
sexual exploitation, including all offenses referred to in Chapter
20A of the Texas Penal Code.
(27) Job placement--An affirmative effort by the school
to assist the student in obtaining employment in the same or substantially
similar stated occupation for which the student was trained.
(28) Master student registration list--A comprehensive
list with an entry made for any person who signs an enrollment agreement,
makes a payment to attend the school, or attends a class. The entry
shall be made on the date the first of these events occurs.
(29) Party--The person or entity with the right to
participate in a hearing authorized in applicable statute or rule.
(30) Program or program of instruction--A postsecondary
program of organized instruction or study that may lead to an academic,
professional, or vocational degree, certificate, or other recognized
(31) Refund--The completed payment of a refund such
that the refund instrument has been negotiated or credited into the
(32) Reimbursement contract basis--A school operating,
or proposing to operate, under a contract with a state or federal
entity in which the school receives payment upon completion of the
(33) Residence school--A school that offers at least
one program that includes classroom instruction or synchronous distance
(34) Response deadline--Deadlines that fall on a weekend,
an official state holiday, a state holiday for which minimal staffing
is required, or a federal holiday are extended one working day.
(35) Sanctions--Administrative or civil actions, including,
but not limited to, penalties, revocation of approvals, or cease and
desist orders taken by the Agency against an entity in response to
violations of the Act or this chapter.
(36) School--A "career school or career college," as
defined in the Act, that includes each location where courses of instruction
shall be offered.
(37) Secondary education--Successful completion of
public, private, or home schooling at the high school level or obtainment
of a recognized high school equivalency credential.
(38) Seminar--A course of instruction that enhances
a student's career, as opposed to a program that teaches skills and
fundamental knowledge required for a stated occupation. A seminar
may include a workshop, an introduction to an occupation or cluster
of occupations, a short course that teaches part of the skills and
knowledge for a particular occupation, language training, continuing
professional education, and review for postsecondary examination.
(39) Seminar school--A school that offers only seminars.
(40) Small school--A "small career school or college"
as defined in the Act.
(41) Stated occupation--An occupation for which a program
is offered that:
(A) is recognized by a state or federal law or by a
state or federal agency as existing or emerging;
(B) is in demand; and
(C) requires training to achieve entry-level proficiencies.
(42) Student--Any individual solicited, enrolled, or
trained in Texas by a school.
(43) Suspension of enrollments--A sanction that requires
the school to suspend enrollments, re-enrollments, advertising, and
solicitation, and to cease, in any way, advising prospective students,
either directly or indirectly, of the available courses of instruction.
(44) Synchronous distance education--The Agency may
determine distance education to be synchronous under the following
(A) the training is conducted simultaneously in real
time, or the training is conducted so that the manner of delivery
ensures that even if the instructor and student are separated by time,
the course time of instruction that the student experiences can be
(B) there is consistent interaction between the student(s)
and the instructor on a schedule that includes a definite time for
completion of the program and periodic verifiable student completion/performance
measures that allow the application of the progress standards of Subchapter
L and attendance standards of Subchapter M of this chapter.
(45) Title IV school--A career school or college that
participates in student financial aid programs under Title IV, Higher
Education Act of 1965 (20 U.S.C. Section 1070 et seq.).
(46) Tour--A required, in-person inspection of the
facilities and equipment pertaining to a course of instruction.
(47) Week--Seven consecutive calendar days.