Current through Reg. 50, No. 13; March 28, 2025
An institution which does not meet the definition of
institution of higher education contained in Texas Education Code §
61.003 and wishes to
offer distance education to students in Texas must follow the requirements in
paragraph (1) or (2) of this section. For the purposes of this section distance
education shall mean education or training delivered off campus via educational
technologies where the student(s) and the instructor(s) are separated by
physical distance and/or time.
(1)
Exempt Institutions.
(A) An institution is
exempt and does not need to receive permission from the Board to offer distance
education programs and courses to Texas students if it fulfills the following:
(i) Accredited to offer degrees at a specific
level either by an accrediting agency recognized by the Board or an accrediting
agency recognized by the Secretary of Education of the U.S. Department of
Education or approved by a Texas state agency which authorizes the school's
graduates to take a professional or career and technical state licensing
examination administered by that agency;
(ii) No physical presence in the state as
defined by §
7.3 of this chapter (relating to
Definitions); and
(iii) Meets and
agrees to comply with Council of Regional Accrediting Commissions (C-RAC)
provisions as listed in this section.
(B) An institution is also exempt and does
not need to receive permission from the Board to offer distance education
programs and courses to Texas students if it is covered by a reciprocal state
exemption agreement.
(C) An
institution's exemption applies only to the degree level for which the programs
or institution is accredited.
(D)
An institution's exemption under subparagraph (A) or (B) of this paragraph
continues as long as it is in compliance with subparagraph (A) or (B) of this
paragraph. Exempt institutions must also maintain compliance with subparagraph
(C) of this paragraph. If an institution is no longer accredited by an
accrediting agency recognized by the Board or an accrediting agency recognized
by the Secretary of Education of the U.S. Department of Education or no longer
approved by a Texas state agency which authorizes the school's graduates to
take a professional or career and technical state licensing examination
administered by that agency and/or maintains a physical presence in Texas or if
an institution is no longer covered by a reciprocal state exemption agreement,
the institution is no longer eligible for an exemption and must receive Board
authority to offer distance education to Texas students. The institution would
need to either submit an application for a Certificate of Authority as outlined
under §
7.8 of this chapter (relating to
Institutions Not Accredited by a Board-Recognized Accreditor) or for a
Certificate of Authorization as outlined under §
7.7 of this chapter (relating to
Institutions Accredited by Board-Recognized Accreditors).
(2) Nonexempt Institutions.
(A) An institution is not exempt and must
receive Board permission to offer distance education programs and courses to
Texas students if it fulfills any of the following:
(i) Is accredited to offer degrees at a
specific level by an accrediting agency recognized by the Board or approved by
a Texas state agency which authorizes the school's graduates to take a
professional or career technical state licensing examination administered by
that agency and maintains a physical presence in Texas as defined by §
7.3 of this chapter; the
institution would need to submit an application for a Certificate of
Authorization as outlined under §
7.7 of this chapter; or
(ii) Is not accredited to offer degrees at a
specific level by an accrediting agency recognized by the Board or an
accrediting agency recognized by the Secretary of Education of the U.S.
Department of Education nor approved by a Texas state agency which authorizes
the school's graduates to take a professional or career technical state
licensing examination administered by that agency. The institution, whether or
not it maintains a physical presence in Texas as defined by §
7.3 of this chapter, would need to
submit an application for a Certificate of Authority as outlined under §
7.8 of this chapter.
(B) An institution that would like
to offer a degree program or courses leading to a degree in a religious
discipline via distance education is exempt from seeking Board approval. A
religious institution that would like to offer a degree program or courses
leading to a degree in a non-religious discipline via distance education must
follow the requirements outlined in subparagraph (A)(i) and (ii) of this
paragraph.
(C) As part of its
qualification or continued approval for a Certificate of Authorization or a
Certificate of Authority, a nonexempt institution must meet and agree to comply
with C-RAC provisions as listed in this section before offering distance
education.
(3) Board
staff shall utilize the best practices in postsecondary distance education as
adopted by the C-RAC as standards for approval of distance education offered in
Texas or to Texas residents. C-RAC provisions applicable to all institutions
offering distance education under this section include:
(A) Online learning is appropriate to the
institution's mission and purposes;
(B) The institution's plans for developing,
sustaining, and, if appropriate, expanding online learning offerings are
integrated into its regular planning and evaluation processes;
(C) Online learning is incorporated into the
institution's systems of governance and academic oversight;
(D) Curricula for the institution's online
learning offerings are coherent, cohesive, and comparable in academic rigor to
programs offered in traditional instructional formats;
(E) The institution evaluates the
effectiveness of its online learning offerings, including the extent to which
the online learning goals are achieved, and uses the results of its evaluations
to enhance the attainment of the goals;
(F) Faculty responsible for delivering the
online learning curricula and evaluating the students' success in achieving the
online learning goals are appropriately qualified and effectively
supported;
(G) The institution
provides effective student and academic services to support students enrolled
in online learning offerings;
(H)
The institution provides sufficient resources to support and, if appropriate,
expand its online learning offerings; and
(I) The institution assures the integrity of
its online offerings.