Texas Administrative Code

This chapter clarifies the standards and details the process by which private postsecondary educational institutions and public out-of-state postsecondary educational institutions may be authorized to offer degrees, to offer credits toward degrees, to employ agents, to use certai…

(a) Application for Registration--An agent as defined in § 7.3 of this chapter (relating to Definitions) shall submit an application to the Board in the following manner: (1) The application shall be accompanied by the fee described in this subsection. (A) Each biennium, the Comm…

(a) Change of Ownership or Control for Career Schools and Colleges. In the event of a change in ownership or control of a career school or college, the Certificate of Authority or Certificate of Authorization is automatically void unless the institution meets the requirements of …

(a) A person holding a degree from an institution that is not eligible to receive a Certificate of Authority may request a letter from the Board confirming that the institution is not eligible for a Certificate of Authority and providing the procedures for review and approval of …

The institutions shall provide to the Board annually, in a form established by the Board, student records of the type specified in § 7.4 (19) of this chapter (relating to Standards for Operation of Institutions). Notes 19 Tex. Admin. Code § 7.13 The provisions of this §7.13 adopt…

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 th…

(a) Maintenance of Records at the Institution (1) Authorized institutions are required to maintain academic records securely and permanently as required in § 7.4 of this chapter (relating to Standards for Operation of Institutions) and must protect the personally identifiable inf…

The Board is required to ensure Certificate of Authorization and Certificate of Authority institutions maintain reserves, lines of credit, or surety instruments sufficient to allow the institution or person to fulfill its educational obligations of the current term to its enrolle…

These sections relate to Texas Education Code, Chapter 61, Subchapter G, §§61.301 - 61.321 and Subchapter H, §§61.401 - 61.405, which regulate the awarding or offering of degrees, awarding or offering credit toward degrees, and use of certain academic terms by private postseconda…

All non-exempt postsecondary educational institutions that operate within the state of Texas are required to meet the following standards. These standards will be enforced through the Certificate of Authority process for institutions without Board-recognized accreditation. Standa…

(a) A person or institution may not: (1) Granting of Degrees--Grant, award, or offer to award a degree on behalf of a nonexempt institution unless the institution has been issued a Certificate of Authority to grant the degree by the Board; (2) Transferability of Credit--Represent…

The purpose of this subchapter is to establish the coordinating board's oversight for private or independent institutions of higher education and private postsecondary educational institutions regarding participation in State Authorization Reciprocity Agreements. Notes 19 Tex. Ad…

Authority for this subchapter is provided by Texas Education Code § 61.05121 , which provides the Board with the authority to administer state participation in State Authorization Reciprocity Agreements. Notes 19 Tex. Admin. Code § 7.51 Adopted by Texas Register, Volume 40, Numbe…

(a) Any private or independent degree granting institution of higher education or private postsecondary educational institutions may apply to participate in SARA if its principle campus located in Texas. (b) All distance education content provided by SARA participants must origin…

All eligible institutions may apply to the Coordinating Board for admission to SARA under the signature of the institution's chief academic officer. Coordinating Board staff will review the application and make a determination to approve or deny the request to participate in SARA…

To remain eligible for participation in SARA, an institution must renew its participation agreement with the board and pay its required SARA fees annually. At the time of renewal, board staff will determine whether the institution still meets SARA requirements. An institution may…

Institutions operating under SARA shall make their resolution policies and procedures readily available to students taking courses under SARA provisions. (1) Complaints against an institution operating under SARA must first go through the institution's own procedures for resoluti…

(a) The board shall serve as point of contact for all other SARA states. (b) If a private or independent out-of-state SARA participant provides courses in Texas and is in apparent violation of the SARA agreement or with Texas Education Code or Administration Code, the board shall…

(a) Eligibility Criteria--The Board may recognize accrediting agencies with a commitment to academic quality and student achievement that demonstrate, through an application process, compliance with the following criteria: (1) Eligibility. The accrediting agency's application for…

An institution which does not meet the definition of an institution of higher education contained in Texas Education Code § 61.003 , is accredited by a Board-recognized accreditor, and is interested in offering degrees or courses leading to degrees in the State of Texas is subjec…

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 the Certificate of Authority process in paragraphs (1) - (9) of this section…

The Texas Higher Education Coordinating Board does not regulate Religious Institutions of Higher Education which offer degrees only in religious disciplines. (1) A religious institution which would like to offer a degree program or courses leading to a degree in a religious disci…

(a) Direct rollovers. To the extent allowed by Internal Revenue Code, §529A, available funds in a Texas ABLE Program account may be rolled over (transferred) to another qualified ABLE program in another state (a rollover) for the same beneficiary, or for another beneficiary who i…

(a) A request for a distribution may be submitted to the Program in a format approved by the Board. The Program may request additional information as necessary to process a distribution. (b) The participant is responsible for submitting correct information regarding a distributio…

(a) Any person may make contributions to an ABLE account for a taxable year, for the benefit of a designated beneficiary who is an eligible individual for such taxable year. Any contributions to an ABLE account, excluding any excess contributions, are an asset of the account for …

(a) As authorized by Education Code, Subchapter J, §54.9045, the Board may collect, or authorize the collection of, fees and other charges in connection with any agreement, contract, or transaction relating to the Texas ABLE Program in amounts not exceeding the amount necessary t…

(a) The participant must be the designated beneficiary or a fiduciary authorized by law to act on behalf of the designated beneficiary, including a parent, guardian, or trustee. The Board may limit the types of fiduciaries allowed to be participants. (b) Because a designated bene…

(a) The purchaser of a prepaid tuition contract may designate a different beneficiary in place of the original beneficiary subject to the following conditions: (1) the new beneficiary must meet the requirements of a beneficiary under § 7.127 of this title (relating to Purchaser; …

(a) Pursuant to the Education Code, Chapter 54, Subchapter F, the Prepaid Higher Education Tuition Board is responsible for developing the Prepaid Higher Education Tuition Program to increase access to higher education for Texas families. The program will provide a mechanism thro…

The following words, terms, and phrases, when used in this subchapter, shall have the following meanings. (1) Beneficiary--The designated individual whose qualified higher education expenses are expected to be paid from a savings trust account. (2) Financial institution--A bank, …

(a) Applicability of this subchapter. This subchapter applies to each savings trust agreement. (b) Rights of owners and beneficiaries. The rights of an owner or a beneficiary under a savings trust agreement are subject to: (1) Education Code, Chapter 54, Subchapter G; (2) this su…

(a) Intent to satisfy tax exempt requirements. This subchapter, the savings plan, each savings trust agreement, and each savings trust account hereunder are intended to satisfy all requirements of: (1) Internal Revenue Code, §529, and regulations thereunder; and (2) federal secur…

(a) Enrollment period. The savings plan will have an open, continuous enrollment period. (b) Date on which applications for enrollment are considered to have been received. For purposes of this section: (1) if an application for enrollment has an official postmark date that is af…

To be determined in consultation with the selected plan manager(s). Notes 34 Tex. Admin. Code § 7.105 The provisions of this §7.105 adopted to be effective July 14, 2002, 27 TexReg 6044

(a) Access to books and records. A plan manager shall provide the comptroller with access to the books and records of the manager as the comptroller determines necessary to assess the manager's compliance with Education Code, Chapter 54, Subchapter G, this subchapter, the savings…

Any individual may be the beneficiary of a savings trust account, including the owner of that account. Notes 34 Tex. Admin. Code § 7.107 The provisions of this §7.107 adopted to be effective July 14, 2002, 27 TexReg 6044

In the case of a roll-over contribution from another qualified tuition plan into a savings trust account, the board shall require that the owner provide additional information and certifications to confirm that the contribution is a qualified roll-over under Internal Revenue Code…

A savings trust account may only be established with one owner at the time it is opened, and thereafter shall have only one owner except when owned by more than one individual, trust, estate, or UGMA/UTMA custodian, guardian, corporation, non-profit entity, or other legal entity …

(a) The comptroller is the presiding officer of the board. The comptroller's chief clerk shall serve as presiding officer in the comptroller's absence. (b) The board shall designate one of its members or board staff to serve as secretary of the board to ensure that appropriate no…

(a) Criteria for being a qualified replacement beneficiary. An individual may be the qualified replacement beneficiary of a savings trust agreement if: (1) the individual is a member of the family of the former beneficiary who satisfies the requirements of Internal Revenue Code o…

(a) General provisions. The owner of a savings trust account may withdraw any amount from that account if: (1) the withdrawal is made in accordance with Education Code, Chapter 54, Subchapter G; this subchapter; and the applicable savings trust agreement; (2) the owner certifies …

(a) The board shall meet at least once quarterly in the city of Austin and at such other times and places as may be designated by the presiding officer. All meetings shall be conducted in compliance with the open meetings provisions in the Government Code, Chapter 551. (b) The bo…

(a) This subchapter applies to prepaid tuition contracts under the prepaid tuition unit undergraduate education program (Texas Tomorrow Fund II) to enable individuals to enter into a prepaid tuition contract with the board on behalf of a beneficiary for the purchase of one or mor…

The following words, terms, and phrases, when used in this subchapter, shall have the following meanings: (1) Accredited out-of-state institution of higher education--A public or private institution of higher education that: (A) is located outside this state; and (B) is accredite…

(a) The provisions of this section are intended to meet the requirements of Internal Revenue Code, §529. (b) A payment of an amount due to the fund for a prepaid tuition contract must be made in cash or cash equivalent. A person may not make a payment to the fund (regardless of w…

(a) Under the program, a purchaser may prepay the costs of all or a portion of a beneficiary's undergraduate tuition and required fees at an eligible educational institution by entering into a prepaid tuition contract with the board to purchase one or more tuition units of a type…

(a) In accordance with this subchapter, when a beneficiary under a prepaid tuition contract redeems tuition units to pay costs of tuition and required fees, the board shall apply money in the Fund, in the amount provided by Education Code, § 54.765 , to pay all or the applicable …