Part I.
Texas Higher Education Coordinating Board
Chapter 12.
Proprietary Schools
Subchapter A. Purpose and Authority
19 TAC §12.24
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 12, Subchapter A, §12.24, concerning Purpose and Authority
(Definitions) with changes to the proposed text as published in the December
5, 1997 issue of the
Texas Register
(22 TexReg
11915). The changes were made to the definition of Agent; removing the definition
of Private- postsecondary educational institution; and adding the definition
of Representative.
Comments were received from MTI College of Business and Technology in Houston,
Executive Secretarial School in Dallas, and ITT Educational Services, Inc.
in Indianapolis, Indiana. The comments were that more clarification was needed
to the definitions. The agency agreed with these comments and, in consideration
thereof, made the appropriate changes.
The amendment is adopted under Texas Education Code, §61.027
and §132.063 which provides the Texas Higher Education Coordinating Board
with the authority to adopt rules concerning Purpose and Authority (Definitions).
§12.24. Definitions.
The following words and terms shall have the following meanings, unless
the context clearly indicates otherwise.
Agent
- A proprietary institution owner, partner, officer,
director, administrator, admissions representative, or financial aid administrator
who represents the institution in an official capacity. Persons employed in
clerical, custodial, or similar positions, or shareholders with no direct
relationship to the institution, are not considered agents of an institution.
Exempt
- A degree-granting institution which is exempt from
Texas Education Code, Chapter 132.
Representative
- see Agent
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on February
6, 1998.
TRD-9801724
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: February 26, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 483-6162
19 TAC §12.80 §12.81
The Texas Higher Education Coordinating Board adopts Chapter
12, Subchapter C, new §12.80 and §12.81, concerning Operational
Provisions with changes to the proposed text as published in the December
5, 1997 issue of the
Texas Register
(22 TexReg
11915). The changes were made to Section 12.80 and 12.81.
There were no comments received concerning the adoption of the new sections.
The new sections are adopted under Texas Education Code, §61.027
and §132.063, which provides the Texas Higher Education Coordinating
Board with the authority to adopt rules concerning Purpose and Authority.
§12.80.Exemption from Texas Education Code, Chapter 132.
(a)
An institution which requests and is granted exemption
from Texas Education Code, Chapter 132, may not operate under the provisions
of this chapter. Upon becoming exempt, a degree-granting institution must
immediately:
(1)
apply for a certificate of authority to operate as a private
postsecondary educational institution according to the provisions of Chapter
5, Subchapter K, of the Board rules; or
(2)
cease granting degrees and relinquish degree-granting
authorization.
(b)
If an exempt degree-granting institution relinquishes
its exempt status and becomes licensed by the State of Texas to operate as
a proprietary school, the institution must apply for degree-granting authorization
under the provisions of this chapter.
§12.81. Withdrawal of Authorization to Grant Degrees by Board Action.
(a)
An institution is entitled to due process in matters involving
withdrawal of authorization to grant degrees.
(b)
Authorization to grant degrees may be withdrawn by Board
action if an agent of an institution with an approved degree program:
(1)
knowingly violates one or more Board rules;
(2)
unknowingly violates one or more Board rules and
fails to take satisfactory corrective action after being notified of the
violation;
(3)
violates one or more Board rules through deceptive
practices, misrepresentation of fact and/or fraud relating to the operation
of the institution or in dealing with students or the public;
(4)
fails to conduct all academic, technical, and administrative
matters pertaining to an approved degree program in a manner consistent with
Board rules and/or the Guidelines for Instructional Programs in Workforce
Education as they apply to proprietary degree programs;
(5)
is found to have engaged in any deceptive practice,
misrepresentation of fact, and/or fraud relating to the operation of the
institution or in dealing with students or the public; or
(6)
is found to have engaged in any activity, conduct,
and/or behavior relating to the operation of the institution or in dealing
with students which is found by a court of law to be illegal and/or improper.
(c)
Upon receipt of satisfactory evidence, the Board may withdraw
degree-granting authorization for a cause other than those listed above.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
6, 1998.
TRD-9801725
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: February 26, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 483-6162
Subchapter D. Procedures and Criteria for Funding of Family Practice Residency Programs
19 TAC §13.61
The Texas Higher Education Coordinating Board adopts amendments
to Chapter 13, Subchapter D, §13.61, concerning Procedures and Criteria
for Funding of Family Practice Residency Programs without changes to the proposed
text as published in the December 5, 1997 issue of the
Texas Register
(22 TexReg 11916).
There were no comments received concerning the adoption of the amendment.
The amendments to the rules are adopted under Texas Education
Code, §61.503 which provides the Texas Higher Education Coordinating
Board with the authority to adopt rules concerning Procedures and Criteria
for Funding of Family Practice Residency Programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
6, 1998.
TRD-9801726
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: February 26, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 483-6162
19 TAC §13.65, §13.66
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 13, Subchapter D, §13.65 and §13.66, concerning
Procedures and Criteria for Funding of Family Practice Residency Programs
without changes to the proposed text as published in the December 5, 1997,
issue of the
Texas Register
(22 TexReg 11917).
There were no comments received concerning the adoption of the repeals.
The repeals are adopted under Texas Education Code, Section 61.503
which provides the Texas Higher Education Coordinating Board with the authority
to adopt rules concerning Procedures and Criteria for Funding of Family Practice
Residency Programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
6, 1998.
TRD-9801728
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Effective date: February 26, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 483-6162
Subchapter C. Operational Provisions
Chapter 13.
Financial Planning