Responses Last Confirmed:

Texas Higher Education Coordinating Board

Agency Contact

Rex Peebles, PhD, Assistant Commissioner, Academic Quality and Workforce
512-427-6520
rex.peebles@thecb.state.tx.us

Additional Contact

John Wyatt, Director, External Relations
512.427.6586

Secretary of State Contact

Rolando Pablos
512-463-5770
secretary@sos.state.tx.us
Topic:

Types of Educational Providers Authorized

2A1.
Institution Types Authorized – Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below

_X__ Public, in-state degree granting institutions
_X__ Public, out-of-state degree granting institutions
_X__ Private, in-state, not-for-profit degree granting institutions
_X__ Private, out-of-state, not-for-profit degree granting institutions
_X__ Private, in-state, for-profit degree granting institutions
_X__ Private, out-of-state, for-profit degree granting institutions
_X__ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions
____ Non-degree, for-profit institutions
____ Religious

2A2.
Clarifying comments:

Degree-granting religious instruction only institutions and institutions operating solely on federal land are exempt from THECB oversight.

2B1.
Is accreditation required for an institution to be authorized in your state? Yes or No.

Yes

2B2.
Clarifying comments:

Degree-granting institutions must be institutionally accredited by an accrediting agency recognized by THECB.

2B3.
If yes, what type of accreditation is required? Please, check all that apply as appropriate.

No response provided

Regional Accreditation Required for:
____ Public, out-of-state degree granting institutions
____ Private, in-state, not-for-profit degree granting institutions
____ Private, out-of-state, not-for-profit degree granting institutions
____ Private, in-state, for-profit degree granting institutions
____ Private, out-of-state, for-profit degree granting institutions
____ Public, in-state, non-degree granting institutions
____ Public, out-of-state, non-degree granting institutions
____ Non-degree, not-for profit institutions<
____ Non-degree, for-profit institutions
____

2B4.
Clarifying comments:

Degree-granting institutions must be institutionally accredited by an accrediting agency recognized by THECB. All Texas public institutions are accredited by SACSCOC.

 

2C1.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

____ Institution _____ Program _X___ Both

2C2.
Clarifying comments:

No response provided

2D1.
Does your state require a Surety Bond for authorized out-of-state institutions? Yes or No.

Yes

2D2.
Clarifying comments:

THECB requires a surety instrument for all institutions operating under either a Certificate of Authorization or a Certificate of Authority.

2E1.
Does your state have a Tuition Refund Policy Requirement? If so, for which types of institutions?

Yes. For Texas public institutions: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.54.htm#54.006; For Texas private and out-of-state public or private: Follow institutional accreditor criteria or THECB Rule 7.4(20)(B)(v)

 

Topic:

Exemptions

3A1.
Are certain institutions or programs exempt by law or policy from your state authorization requirements? If so, for which types of institutions? Which types of programs? Please provide web link.
Topic:

Authorization of Distance Education

4A1.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence? Yes or No.

No. THECB Rule 7.14 Distance Education Approval Processes for Degree-granting Colleges and Universities other than Texas Public Institutions

 

4A2.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard? Yes or No.

Yes

4A3.
Clarifying comments:

THECB Rule 7.14 sets forth requirements for institutions based on distance education activities.

4B1.
Does your agency require correspondence study programs to be authorized without regard to physical presence? Yes or No

No

4B2.
Clarifying comments:

THECB Rule 7.14 defines distance education as education or training delivered off campus via educational technologies where the student(s) are the instructor(s) are separated by physical distance and/or time. Correspondence study programs would fall within that definition.

 

Topic:

Physical Presence Policy - Common Triggers

5A1.
If your agency uses a physical presence standard, how does your agency define physical presence? If available, please provide a link to that policy or a citation to the relevant regulation giving that standard.

No response provided

5A2.
URL for physical presence definition
5A3.
Clarifying comments:

No response provided

Topic:

Application Process

6A1.
Description – Please provide a short description of the application process to obtain state authorization. If available, please provide web links to the specific references to all applicable state laws, regulations, manuals, forms, or other pertinent docu

No response provided

6A2.
URL for application

For Texas public institutions: http://www.thecb.state.tx.us/index.cfm?objectid=C2B33E10-171C-11E8-A6640050560100A9;

For Texas private institutions and out-of-state public or private institutions: http://www.thecb.state.tx.us/index.cfm?objectid=AADD9920-1C9E-11E8-BC500050560100A9

6A3.
Clarifying comments:

No response provided

Topic:

Fees Associated with Authorization

7A1.
Application Fee – Is there an application fee to initiate the authorization process? If so, what is the fee or fee schedule? Please provide a web link if available.

No response provided

7A2.
URL for Fee Information

For Texas private institutions and out-of-state public or private institutions: http://www.thecb.state.tx.us/reports/PDF/8338.PDF

7A3.
Clarifying comments:

No response provided

Topic:

Reporting

8A1.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?

For Texas private institutions and out-of-state public or private institutions: Annual compliance reporting and student data reporting.

8A3.
How frequently do institutions report data?

Annually

8A4.
Is this information published or shared publicly?

Student data reporting is published through Texas Higher Ed Data. Annual compliance reporting outcomes (compliance and non-compliance) is reported twice-yearly at a Coordinating Board quarterly meeting.

8A5.
Clarifying comments:

No response provided

Topic:

Consumer Protection and Student Complaints - Non-SARA Participating Institutions

9A1.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

All student complaints go through the same complaint process. See link below.

9A3.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

All are handled the same. Complaints may be sent to accrediting agencies, the US Department of Education or the Texas Office of Attorney General, as appropriate.

9A4.
Clarifying comments:

No response provided

9B1.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

Yes, although a complaint may be sent to the state higher education agency under which the out-of-state institution operates.

9B2.
Who is the contact person at your agency for receiving complaints?

 

9B3.
Clarifying comments:

No response provided

Topic:

Consumer Protection and Student Complaints - SARA Participating Institutions

10A1.
Please describe the process for handling complaints about SARA participating Institutions.

The same complaint process is used. Please visit http://www.thecb.state.tx.us/index.cfm?objectid=989FE9A0-2213-11E8-BC500050560100A9. The process is also explained on the State Authorization Reciprocity Agreement (SARA) web page.

 

10A2.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

All are handled the same. Complaints may be sent to accrediting agencies, the US Department of Education, the Texas Office of Attorney General, or another state higher education agency, as appropriate.

10A3.
URL for student complaints – SARA participating institutions

SARA participating institutions: Please visit http://www.thecb.state.tx.us/index.cfm?objectid=989FE9A0-2213-11E8-BC500050560100A9. The process is also explained on the State Authorization Reciprocity Agreement (SARA) web page.

 

10A4.
Who is the contact person at your agency for receiving complaints?
10A5.
Clarifying comments:

No response provided

Topic:

Enforcement

11A1.
If your agency has written descriptions of the possible consequence of institutional non-compliance, please provide it (or provide a web link).

For Texas private institutions and out-of-state public or private institutions: THECB Rule 7.5 Administrative Injunctions, Limitations, and Penalties.

Topic:

Records Retention

12A1.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

If an institution provides notice that it is closing, THECB will attempt to secure student academic records prior to closure. THECB will also seek student academic records from holders of records of already closed schools. For more information on THECB’s Student Academic Records repository: http://www.thecb.state.tx.us/index.cfm?objectid=4116E7F0-20C0-11E8-BC500050560100A9

12B1.
From what agency do students request their transcripts/records from a closed school?
Topic:

Additional Information

13A1.
Is there anything else about the authorization process in your state that we and others ought to know about?