Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,604
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The Coordinating Board made the finding that the amendments
to these sections should be adopted on an emergency basis,
pursuant to 2001.034 of the Texas Government Code, because
Senate Bill 215 of the 83rd Texas Legislature, Regular Session
passed both houses with more than a two-thirds majority of all
the elected members in each house and was signed by the Gov-
ernor. The newly amended statute will affect foreign-chartered or
foreign-based private postsecondary institutions granting a pro-
fessional degree or representing their credits earned in Texas
are applicable to a degree wanting to apply for a Certificate of
Authority after September 1, 2013, and any students enrolled in
such institutions. The next regular quarterly meeting of the Board
is scheduled for October 24, 2013, which would allow an incon-
gruity between the Coordinating Board rules and the enacted
statute during the period of September 1, 2013 and October 24,
2013. Therefore, the amendment to 61.306 must be adopted
on less than 30 days notice pursuant to 2001.034 of the Texas
Government Code.
The amendment to 7.3 adds a definition for "professional de-
gree," and renumbers subsequent paragraphs.
The amendment to 7.8 sets forth the prohibition against issuing
a Certificate of Authority for a foreign-chartered or foreign-based
private postsecondary institution to grant a professional degree
or to represent that credits earned in Texas are applicable toward
a degree. This prohibition was added through passage of Senate
Bill 215 by the 83rd Texas Legislature and signed by Governor
Perry on June 14, 2013.
The amendments are adopted on an emergency basis under the
Texas Education Code, Chapter 61, Subchapters G and H, which
provides the Coordinating Board with the authority to administer
the laws regulating private and out-of-state public postsecondary
institutions operating in Texas.
7.3. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates oth-
erwise.
(1) - (34) (No change.)
(35) Professional Degree--A degree that is awarded for a
Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of
Dental Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Ju-
ris Doctor (J.D.), and Bachelor of Laws (LL.B.).
(36) [(3-5)] Program or Program of Study--Any course or
grouping of courses which are represented as entitling a student to a
degree or to credits applicable to a degree.
(37) [(36)] Protected Term--The terms "college," "univer-
sity," "school of medicine," "medical school," "health science center,"
"school of law," "law school," or "law center," its abbreviation, foreign
cognate or equivalents.
(38) [(37)] Provisional Certificate of Authorization--A
mechanism to provide 15 months of authority to operate in Texas
under existing Board-recognized accreditor authority for another
existing campus (either in-state or out-of-state) while working to have
final approval of the new Texas campus by the Board-recognized
accreditor. Failure to obtain Board-recognized accreditor approval
within the 15-month time frame for the new Texas campus will result
in termination of the Provisional Certificate of Authorization for the
new campus which must then terminate operations until such time
as the institution obtains a Certificate of Authority or a Certificate
of Authorization through approval of a Board-recognized accreditor
for the new campus. The Provisional Certificate of Authorizationis valid for a period of 15 months from the date of issuance. The
provisions under which the certificate was issued will be outlined in
the Provisional Certificate of Authorization letter that accompanies
the certificate. Additional Provisional Certificates of Authorization
will not be issued.
(39) [-38)] Reciprocal State Exemption Agreement--An
agreement entered into by the Board with an out-of-state state higher
education agency or higher education system for the purpose of
creating a reciprocal arrangement whereby that entity's institutions
are exempted from the Board oversight for the purposes of distance
education. In exchange, participating Texas public or private institu-
tions of higher education as defined in Texas Education Code, 61.003
would be exempted from that state's oversight for the purposes of
distance education.
(40) [(-3)] Recognized Accrediting Agency--Any accred-
iting agency the standards of accreditation or membership for which
have been found by the Board to be sufficiently comprehensive and
rigorous to qualify its institutional members for an exemption from the
operation of this chapter.
(41) [(40)] Representative--A person who acts on behalf of
an institution regulated under this subchapter. The term includes, with-
out limitation, recruiters, agents, tutors, counselors, business agents,
instructors, and any other instructional or support personnel.
(42) [41)] Required State or National Licensure--The re-
quirement for graduates of certain professional programs to obtain a
license from state or national entities for entry-level practice.
(43) [(42)] Single Point of Contact--An individual who is
designated by an institution as the person responsible for receiving and
conveying information between an institution and the Board or Board
staff. The Board will direct all communications regarding an institution
to the Single Point of Contact. Institutions must inform the Board of
changes in the designated Single Point of Contact within 30 days of
change.
(44) [(43)] Substantive Change--Any change in principal
location, ownership, or governance of institution, change in accred-
iting agency or final action by an accrediting agency changing such
institution's status with such accrediting agency, change in degree- or
credential-level for an approved program, or addition of new programs,
degrees or credentials offered.
(45) [(44)] Visiting Student--A student pursuing a degree
at an out-of-state institution (i.e., home institution) with no physical
presence in Texas who has permission from the home institution and a
Texas institution, which is either exempt from Board rules or currently
in compliance with Board rules, to take specific courses at the Texas
institution. The two institutions have an agreement that courses taken
at the Texas institution will transfer back to the home institution.
7.8. Institutions Not Accredited by a Board Recognized Accreditor.
An institution which is not accredited by a Board-recognized accreditor
and which does not meet the definition of institution of higher education
contained in Texas Education Code, 61.003, must follow either the
Certificate of Authority process or Alternative Certificate of Authority
process in paragraphs (1) - (14) of this section in order to offer degrees
or courses leading to degrees in the state of Texas. Institutions are
encouraged to contact the Board staff before filing a formal application.
(1) Certificate of Authority.
(A) Eligibility--The Board will accept applications for
a Certificate of Authority only from those institutions:
(i) (No change.)38 TexReg 5604 August 30, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/18/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.