Agency Information

Guide Topics

Agency Contact

Cathie A. Maeyaert, JD, Director- Private Postsecondary Institutions
512.427.6527
Cathie.Maeyaert@highered.texas.gov

Secretary of State Contact

Jane Nelson
512.463.5770
secretary@sos.texas.gov

Topic 1: Important Agency Information to Note

Provide important web links:

What types of institutions are subject to this agency’s authority? Indicate the types of institutions that your agency authorizes.

  • Note: Some agencies may refer to out-of-state public institutions as “private colleges” in their law.  If this is the case for your agency, please select “public, out-of-state degree granting institutions” for purposes of this Guide so that the out-of-state public institution will find appropriate information.
  • Note: If your agency is a coordinating board, your agency may have one division with some authority such as program approval over in-state public institutions that are established per statute, which is structured differently than another division of your agency with state authorization authority over non-public institutions that they “license” pursuant to different statute(s).

_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 institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

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

  • For example, an agency may require an institution apply for licensure for institutional approval and also require the institution to apply for specific program(s) approval.

_____ Institution

_____ Program

_X___ Both

Clarifying comments:

For the above indicated institutions (#2a), THECB-recognized accreditation is required. Recognized accreditors are found here: Recognition of Accrediting Agencies – Texas Higher Education Coordinating Board

* Out-of-state institutions need authorization if they trigger physical presence outside of SARA or exceeding SARA parameters.

Topic 2: Authorization of Distance Education

Does your agency require exclusively online offerings offered by out-of-state institutions to be authorized?

  • Meaning as example, the state regulates an out-of-state institution for merely enrolling a student into a distance education program
  • Meaning as example, a solely online program that does not have any internships and practicums

No. See THECB Rule 7.14

Clarifying comments

No response provided

Topic 3: Accreditation by an Accrediting Agency Recognized by the U.S. Department of Education

Is accreditation by an accrediting agency recognized by the U.S. Department of Education required for an institution to be authorized in your state?

Yes

If yes, please check all that apply as appropriate. Accreditation by an accrediting agency recognized by the U.S. Department of Education required for:

_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 institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

Clarifying comments:

An institution can apply for a Certificate of Authority if working toward recognized accreditation. The institution must have recognized accreditation within eight years. THECB does not recognize all accrediting agencies recognized by the US Department of Education.

The Texas Workforce Commission (TWC) licenses non-degree private institutions. Please see TWC responses for private non-degree institutions.

Topic 4: Physical Presence Policy

If your agency uses a physical presence standard, how does your agency define physical presence? Include sample triggers.

Physical presence is based on activities and location within the state.

Web link for physical presence definition.

THECB Rule 7.3(27)(A-B)

Does a clinical/internship trigger the requirement for authorization with your agency?

Yes, if the clinical/internship is completed as part of a degree program from a non-SARA participating institution or if it exceeds SARA parameters (i.e., more than ten students simultaneously at a site).

See THECB Rule 7.7(2)(E).

Does a virtual clinical / internship trigger the requirement for authorization with your agency?

No, as this would not trigger physical presence. See THECB Rule 7.3(27).

Does a faculty member residing in your state and teaching an online course trigger the requirement for authorization with your agency?

No. See THECB Rule 7.3(27).

Does advertising targeted to residents of your state trigger the requirement for authorization with your agency?

No. See THECB Rule 7.3(27).

Does having an administrative site in your state trigger the requirement for authorization with your agency?

No. See THECB Rule 7.3(27).

Does having a recruiter in your state trigger the requirement for authorization with your agency?

No. See THECB Rule 7.3(27).

Topic 5: Application Process

Please provide a short description of the application process to obtain state authorization.

Private postsecondary institutions must apply for and obtain state authorization prior to any educational activities, advertising, or enrolling of students. The authorization requirement also applies to out-of-state institutions if they trigger physical presence outside of SARA or exceed SARA parameters.

Web link for application.

Institution and Program Development – Texas Higher Education Coordinating Board

Clarifying comments:

THECB-recognized accredited institutions apply for a Certificate of Authorization; non-accredited institutions apply for a Certificate of Authority.

Topic 6: Fees Associated with Authorization

Is there an application fee associated with the authorization process?

No fee for Certificate of Authorization (accredited institutions); application fee for a Certificate of Authority (institutions working toward accreditation).

If yes, what is the fee or fee schedule?

Certificate of Authority and Related Activities Fees

Web link for fee information.

Certificate of Authority and Related Activities Fees

Clarifying comments:

No response provided

Topic 7: Surety Bonds

Does your agency require a Surety Bond for authorized out-of-state institutions?

Yes

Web link for surety bonds.

Private Postsecondary Institution Resources – Texas Higher Education Coordinating Board – see Surety Instrument Requirement.

Clarifying comments:

Questions regarding surety instruments should be directed to Paul Shuler (paul.shuler@highered.texas.gov). Surety instruments are required for all private postsecondary institutions authorized to offer degrees in the state.

Topic 8: Student Tuition Recovery Fund

Does your agency have a Student Tuition Recovery Fund (or similar fund for higher education institution closure)?

No, only a process to make claims on surety instruments for private postsecondary institutions.

If yes, for what types of institutions?

No response provided

Web link for student tuition recovery fund.

No response provided

Clarifying comments:

No response provided

Topic 9: Tuition Refund Policy

Does your agency have a Tuition Refund Policy Requirement?

Students can make a claim to THECB for tuition and fees from the private postsecondary institution’s surety instrument.

For public institutions, see Student Refund Policy Information Page: for Universities and Health-Related Ins…

If yes, for what types of institutions?

See above.

Web link for tuition refund policy.

See above.

Clarifying comments:

No response provided

Topic 10: Reporting

What kinds of information or data must an institution report to your agency as a condition for continued institutional state authorization?

All private and out-of-state degree-granting institutions must complete annual compliance reporting and student data reporting.

How frequently do institutions report data?

Annually

Is this information shared publicly?

Student data reporting information is publicly available.

Web link for reporting.

http://www.txhighereddata.org/index.cfm?objectId=96F8EE70-D880-11E8-BB650050560100A9

Clarifying comments:

No response provided

Topic 11: Enforcement

What are possible consequences of institutional non-compliance?

Several THECB administrative rules address non-compliance for institutions under Certificates of Authorizations or Certificates of Authority, specifically, Rules 7.5, 7.7, and 7.8.

Web link for enforcement information.

See rules regarding degree granting colleges and universities other than Texas public institutions at: Home – Rules & Meetings

Clarifying comments:

No response provided

Topic 12: Student Complaints - Non-SARA Participating Institutions

Please describe the process for handling complaints about non-SARA out-of-state postsecondary institutions or programs? (34 CFR 600.9(a))

All student complaints are routed to staff to handle complaints.

Web link for the non-SARA complaint form.

https://www.highered.texas.gov/links/student-complaints/

How does your agency handle a non-SARA complaint from a resident of its state that is against an out-of-state institution that the agency does not authorize?

Staff would refer to appropriate agency with oversight.

Is the non-SARA 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.)?

The above webpage provides information on the scope of complaints handled or not handled by THECB staff. Staff may also refer complaints to appropriate state agencies, federal agencies, or accreditors.

Who is the contact person or entity for your state for receiving non-SARA student complaints?

Clarifying comments:

No response provided

Topic 13: Records Retention

When a higher education institution closes, what is the process your state uses to ensure that transcripts/records are kept available?

A closed school transcript repository is maintained. At the time of closure, THECB staff attempt to secure transcripts. Additional transcripts will be added over time. THECB is in the process of outsourcing the transcript repository to a third party which can focus on timely transcript request responses.

From what agency or entity do students request their transcripts/records from a closed higher education institution?

Clarifying comments:

This information will change during 2025 to provide contact information for the third party servicing transcript requests.

Topic 14: Additional Information

Is there anything else about the state authorization process in your state that institutions and others ought to know about?

No.

What is your preferred method of communication?

Email.

 

Please note: There could be additional state agencies with oversight of activities of your institution. 

In Texas, the Texas Workforce Commission has oversight of non-degree private schools unless a specific licensing agency has statutory authority over the school.