reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter A. General Provisions › Section 130A.007. Commissioner Authority to Resolve Data Reporting Errors and Unintended Consequences From Funding Formulas

Sec. 130A.007.  COMMISSIONER AUTHORITY TO RESOLVE DATA REPORTING ERRORS AND UNINTENDED CONSEQUENCES FROM FUNDING FORMULAS.  (a)  The commissioner may review the accuracy of data reported to the coordinating board by junior college districts.
(b)  The commissioner may adjust:
(1)  the distribution of funding under this chapter for a state fiscal year as necessary to correct errors in data reporting identified through the commissioner's review under Subsection (a); and
(2)  a junior college district's funding under this chapter if the funding formulas used to determine the district's entitlement would result in an unanticipated loss or gain for the district that would have a substantial negative impact on the district's operations.
(c)  Before making an adjustment under this section, the commissioner must request and receive written approval from the Legislative Budget Board and the office of the governor.  A request to make an adjustment is considered approved unless the Legislative Budget Board or the office of the governor issues a written disapproval within 60 business days after the date on which the request is received.
(d)  If the commissioner makes an adjustment under Subsection (b), the commissioner shall provide to the legislature an explanation regarding the changes necessary to resolve the data reporting errors or the unintended consequences, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter A. General Provisions › Section 130A.008. Census Date Eligibility

Sec. 130A.008.  CENSUS DATE ELIGIBILITY.  A junior college district may report a student in attendance on the district's approved course census date for the purpose of funding under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter A. General Provisions › Section 130A.009. Recovery of Overallocated Funds

Sec. 130A.009.  RECOVERY OF OVERALLOCATED FUNDS.  (a)  If a junior college district has received an overallocation of state funds, the coordinating board shall recover from the district an amount equal to the overallocation by withholding from subsequent allocations of state funds for the current or subsequent academic year or by requesting and obtaining a refund from the district.
(b)  Notwithstanding Subsection (a), the coordinating board may recover an overallocation of state funds over a period not to exceed the subsequent five academic years if the commissioner determines that the overallocation was the result of exceptional circumstances reasonably caused by statutory changes to Chapter 130 or this chapter and related reporting requirements.
(c)  If a junior college district fails to comply with a request for a refund under Subsection (a), the coordinating board shall report to the comptroller that the amount constitutes a debt for purposes of Section 403.055, Government Code.  The coordinating board shall provide to the comptroller the amount of the overallocation and any other information required by the comptroller.  The comptroller may certify the amount of the debt to the attorney general for collection.  The junior college district's governmental immunity is waived to the extent necessary to collect the debt owed under this section.
(d)  Subject to Subsection (e), the coordinating board may review a junior college district as necessary to determine if the district qualifies for each amount received by the district under this chapter.  If the coordinating board determines that a junior college district received an amount to which the district was not entitled, the coordinating board may establish a corrective action plan or withhold the applicable amount of funding from the district.
(e)  The coordinating board may not review junior college district expenditures that occurred seven or more years before the review.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter A. General Provisions › Section 130A.010. Gifts, Grants, and Donations

Sec. 130A.010.  GIFTS, GRANTS, AND DONATIONS.  Except as provided by other law, an affiliated nonprofit organization described by Section 61.051(b) may solicit and accept gifts, grants, or donations of personal property from any public or private source to implement or administer this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter B. State Funding: Base Tier › Section 130A.051. Base Tier Formula

Sec. 130A.051.  BASE TIER FORMULA.  The amount of base tier state funding to which a junior college district is entitled for instruction and operations under this subchapter for a state fiscal year is an amount equal to the amount, if any, by which the district's guaranteed instruction and operations funding, as determined under Section 130A.052, exceeds the district's local share of base tier funding, as determined under Section 130A.056.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter B. State Funding: Base Tier › Section 130A.052. Guaranteed Instruction and Operations Funding Formula

Sec. 130A.052.  GUARANTEED INSTRUCTION AND OPERATIONS FUNDING FORMULA.  The amount of a junior college district's guaranteed instruction and operations funding for a state fiscal year is equal to the sum of:
(1)  the product of:
(A)  the district's basic allotment under Section 130A.053; and
(B)  the number of weighted full-time equivalent students enrolled at the district determined in accordance with Section 130A.054; and
(2)  the district's contact hour funding under Section 130A.055.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter B. State Funding: Base Tier › Section 130A.053. Basic Allotment

Sec. 130A.053.  BASIC ALLOTMENT.  The basic allotment for a junior college district for a state fiscal year is an amount per weighted full-time equivalent student set by the General Appropriations Act or other legislative appropriation.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter B. State Funding: Base Tier › Section 130A.054. Weighted Full-Time Equivalent Student; Scale Adjustment

Sec. 130A.054.  WEIGHTED FULL-TIME EQUIVALENT STUDENT; SCALE ADJUSTMENT.  (a)  The coordinating board by rule shall establish student weights for purposes of this chapter that reflect the higher cost of educating certain students.
(b)  The student weights must be established in a manner that results in appropriate funding to a junior college district for the education of a student enrolled in an eligible credit or non-credit program who is:
(1)  25 years of age or older;
(2)  economically disadvantaged, as defined by coordinating board rule; or
(3)  academically disadvantaged, as defined by coordinating board rule.
(c)  Subject to Subsection (d), the number of weighted full-time equivalent students enrolled at a junior college district for purposes of this subchapter is equal to the sum of:
(1)  the number of full-time equivalent students enrolled in the district; and
(2)  the sum of the weights assigned to students enrolled in the district.
(d)  The coordinating board by rule shall establish an equitable adjustment to the number of weighted full-time equivalent students determined under this section for each junior college district with a total enrollment of fewer than 5,000 full-time equivalent students.
(e)  Not later than November 1 of each even-numbered year, a junior college district that receives an adjustment under Subsection (d) shall submit to the commissioner a report on the district's participation in institutional partnerships and shared services available under Section 61.0571 or other partnerships to reduce costs and improve operational efficiency.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter B. State Funding: Base Tier › Section 130A.055. Contact Hour Funding

Sec. 130A.055.  CONTACT HOUR FUNDING.  (a)  The legislature shall set by appropriation the amount of funding to be provided to a junior college district under this subchapter per contact hour.
(b)  The amount of funding per contact hour must be weighted by discipline to reflect the cost of providing the applicable course.
(c)  The coordinating board shall determine the total amount of contact hour funding to which each junior college district is entitled under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter B. State Funding: Base Tier › Section 130A.056. Local Share

Sec. 130A.056.  LOCAL SHARE.  A junior college district's local share of base tier funding is an amount equal to the sum of the amounts of revenue estimated to be generated by:
(1)  imposing a maintenance and operations ad valorem tax in the district at a rate of $0.05; and
(2)  assessing an amount of tuition and fees to each full-time equivalent student enrolled in the district equal to the statewide average amount of tuition and fees assessed by junior college districts to a full-time equivalent student, determined as provided by coordinating board rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 130A - Public Junior College State Finance Program › Subchapter C. State Funding: Performance Tier › Section 130A.101. Performance Tier

Sec. 130A.101.  PERFORMANCE TIER.  (a)  A junior college district is entitled to performance tier funding for a state fiscal biennium in an amount equal to the sum of the amounts determined under Subsection (b) for each measurable outcome described by Subsection (c).
(b)  The amount of performance tier funding for each measurable outcome described by Subsection (c) is equal to the product of:
(1)  the sum of:
(A)  the number of times that outcome was achieved by the junior college district, determined as provided by coordinating board rule; and
(B)  for an outcome described by Subsection (c)(1) or (2), the sum of the applicable student weights established by coordinating board rule for the students who achieved the outcome at the junior college district as determined under Paragraph (A) of this subdivision; and
(2)  the amount set by the General Appropriations Act or other legislative appropriation for the outcome.
(c)  The measurable outcomes considered for purposes of performance tier funding are:
(1)  the number of credentials of value awarded, as determined by the coordinating board based on analyses of wages and costs associated with the credential, including degrees, certificates, and other credentials from credit and non-credit programs that equip students for continued learning and greater earnings in the state economy, with an additional weight for placement of students who earn that credential in a high-demand occupation, as defined by coordinating board rule, or an appropriate proxy determined by the coordinating board based on available data;
(2)  the number of students who earn at least 15 semester credit hours or the equivalent at the junior college district and:
(A)  subsequently transfer to a general academic teaching institution, as that term is defined by Section 61.003; or
(B)  are enrolled in a structured co-enrollment program, as authorized by coordinating board rule; and
(3)  the number of students who complete a sequence of at least 15 semester credit hours or the equivalent for dual credit or dual enrollment courses, as defined by coordinating board rule, that apply toward academic or workforce program requirements at the postsecondary level.
Added by Acts 2023, 88th Leg., R.S., Ch. 378 (H.B. 8), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 131 - Southwest College for the Deaf › Section 131.001. Southwest College for the Deaf

Sec. 131.001.  SOUTHWEST COLLEGE FOR THE DEAF.  The Southwest College for the Deaf is a postsecondary educational institution providing instruction for hearing-impaired students preparing for a career or for enrollment in a senior college or university.
Added by Acts 1981, 67th Leg., p. 366, ch. 149, Sec. 1, eff. May 14, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 131 - Southwest College for the Deaf › Section 131.002. Administration

Sec. 131.002.  ADMINISTRATION.  (a)  The college is under the direct control and management of the board of trustees of the Howard Junior College District.
(b)  The college and its programs shall be administered by personnel who are trained and qualified to work with hearing-impaired students and are fluent in manual communication skills.
Added by Acts 1981, 67th Leg., p. 366, ch. 149, Sec. 1, eff. May 14, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 131 - Southwest College for the Deaf › Section 131.003. Location

Sec. 131.003.  LOCATION.  The college is located on land deeded to the governing board by the federal Department of Education for the purpose of operating the college.  The governing board may not conduct regular junior college programs for students with unimpaired hearing on the college campus except as an integral part of the program offered to hearing-impaired students when:
(1)  it is educationally appropriate to enroll hearing students in classes for the hearing-impaired; or
(2)  special programs are needed to train hearing and hearing-impaired persons to become professional service providers for the deaf.
Added by Acts 1981, 67th Leg., p. 366, ch. 149, Sec. 1, eff. May 14, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 131 - Southwest College for the Deaf › Section 131.004. Courses, Programs, and Services

Sec. 131.004.  COURSES, PROGRAMS, AND SERVICES.  (a)  The college shall offer, but is not limited to offering, the following courses, programs, and services for hearing-impaired post-secondary students:
(1)  learning development services, including academic counseling, tutorial services, reading instruction, services to counter learning disabilities, and library-related services;
(2)  communications services, including interpreters for academic and nonacademic functions, speech therapy, and auditory evaluation and training;
(3)  academic college preparatory courses;
(4)  career analysis services designed to assist each student in identifying a career interest, considering the student's aptitudes, abilities, and skills;
(5)  regular college courses, including vocational and technical education and liberal arts courses;
(6)  extracurricular activities, including intramural athletics; and
(7)  postgraduation services, including job placement services and services designed to orient employers to hearing-impaired workers.
(b)  The course work offered by the college shall emphasize self-contained classrooms with instruction conducted by instructors who are trained and qualified to work with hearing-impaired students and are fluent in manual communication skills.  Hearing-impaired students may enroll in integrated classes that are regular classes offered to students with unimpaired hearing enrolled in the junior college.
(c)  The programs, services, and facilities of the college shall be designed to be appropriate to the needs of hearing-impaired students.
(d)  The executive director shall determine which courses offered by the college are appropriate for an electronic display on a screen or terminal, with less than 30 seconds delay, of a speaker's spoken message.  The college shall implement the electronic display in those courses.
Added by Acts 1981, 67th Leg., p. 366, ch. 149, Sec. 1, eff. May 14, 1981.  Amended by Acts 1991, 72nd Leg., ch. 345, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 131 - Southwest College for the Deaf › Section 131.005. Tuition

Sec. 131.005.  TUITION.  (a)  A Texas resident student enrolled in the college is exempt from tuition fees under Section 54.364.
(b)  A student who is not a resident of Texas shall pay tuition at a rate that is the lesser of:
(1)  the rate provided by this code for a nonresident student enrolled at a general academic teaching institution; or
(2)  a rate determined by the board of trustees and the Texas Higher Education Coordinating Board to be the approximate cost to the college, not including room and board, of educating a student during the academic year beginning the next fall.
Added by Acts 1981, 67th Leg., p. 366, ch. 149, Sec. 1, eff. May 14, 1981.  Amended by Acts 1985, 69th Leg., ch. 140, Sec. 1, eff. May 24, 1985;  Acts 1995, 74th Leg., ch. 116, Sec. 2, eff. May 17, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 10, eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 131 - Southwest College for the Deaf › Section 131.006. Appropriations; Grants

Sec. 131.006.  APPROPRIATIONS; GRANTS.  (a)  The governing board of the college may receive appropriations for the college's operations only if the board operates the college in compliance with this chapter.
(b)  The board may accept gifts, grants, or donations of money or property given to the college for the college's exclusive use in carrying out the purposes of this subchapter.
(c)  The board may expend appropriated funds for maintenance and operation, including the maintenance and operation of student housing and food service, unless the funds are specifically restricted to another purpose by the appropriation.
Added by Acts 1981, 67th Leg., p. 366, ch. 149, Sec. 1, eff. May 14, 1981.  Amended by Acts 1987, 70th Leg., ch. 25, Sec. 1, eff. April 14, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 2 (H.B. 1101), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter A. General Provisions › Section 132.0015. Reference to Proprietary School

Sec. 132.0015.  REFERENCE TO PROPRIETARY SCHOOL.  A reference in this code or another law to a proprietary school means a career school or college.
Added by Acts 2003, 78th Leg., ch. 364, Sec. 1.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter A. General Provisions › Section 132.004. Exclusive Offering of Exempted Courses or Programs by Business Enterprise

Sec. 132.004.  EXCLUSIVE OFFERING OF EXEMPTED COURSES OR PROGRAMS BY BUSINESS ENTERPRISE.  A business enterprise that offers exclusively courses or programs of instruction that are exempt under Section 132.002 or 132.003 is exempt from this chapter.
Added by Acts 2001, 77th Leg., ch. 750, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter A. General Provisions › Section 132.005. Applicability

Sec. 132.005.  APPLICABILITY.  This chapter does not apply to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects:
(1)  dance;
(2)  music;
(3)  martial arts;
(4)  yoga;
(5)  physical fitness;
(6)  horseback riding;
(7)  riflery or other weapon use;
(8)  sewing, knitting, or other needlecrafts; or
(9)  sports.
Added by Acts 2011, 82nd Leg., R.S., Ch. 293 (H.B. 1839), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter A. General Provisions › Section 132.006. Commercial Driver's License Training Program; Certain Curriculum Requirements

Sec. 132.006.  COMMERCIAL DRIVER'S LICENSE TRAINING PROGRAM; CERTAIN CURRICULUM REQUIREMENTS.  (a)  The commission by rule shall require each career school or college offering a commercial driver's license training program to include as a part of that program education and training on the recognition and prevention of human trafficking.
(b)  The commission, in collaboration with the office of the attorney general, shall establish the content of the education and training required by this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 21 (S.B. 128), Sec. 2, eff. May 18, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 20, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.021. Texas Workforce Commission

Sec. 132.021.  TEXAS WORKFORCE COMMISSION.  (a)  The commission shall exercise jurisdiction and control of the system of career schools and colleges, and the commission shall carry out supervision of the provisions of this chapter, and enforce minimum standards for approval of career schools and colleges under the operating regulations and policies hereinafter set forth and as may be adopted pursuant to this chapter.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 747, Sec. 12, eff. September 1, 2005.
(c)  The commission may consult a recognized expert in a field of study for assistance in determining minimum program standards under this chapter for that field.
(d)  The commission shall adopt policies and rules necessary for carrying out this chapter.
Added by Acts 1971, 62nd Leg., p. 2008, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1989, 71st Leg., ch. 813, Sec. 4.03, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.21, 32.22 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.35, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1064, Sec. 2, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 364, Sec. 2.09, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.24, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 12, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.022. Duties of Commission

Sec. 132.022.  DUTIES OF COMMISSION.  The commission shall carry out the policies of this chapter and enforce the rules adopted under this chapter.  The commission shall also certify the names of those career schools and colleges meeting the requirements for a certificate of approval.
Added by Acts 1971, 62nd Leg., p. 2009, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.24 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.36, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.10, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.25, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.0225. Division of Education

Sec. 132.0225.  DIVISION OF EDUCATION.  To the extent possible, the agency administrator and commission shall administer their functions under this chapter through the division.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.023. Memorandum of Understanding for Regulation of Career Schools and Colleges

Sec. 132.023.  MEMORANDUM OF UNDERSTANDING FOR REGULATION OF CAREER SCHOOLS AND COLLEGES.  (a)  The commission shall develop, in consultation with the Texas Guaranteed Student Loan Corporation and each state agency that regulates career schools and colleges in this state, a comprehensive strategy to reduce default rates at the regulated career schools and colleges and to improve the overall quality of the programs operated by these schools and colleges.
(b)  The commission shall execute a memorandum of understanding outlining the strategy with the corporation and each state agency regulating career schools and colleges and shall adopt rules to carry out the commission's duties under this section.  The Texas Guaranteed Student Loan Corporation shall adopt the memorandum of understanding as procedures of the corporation, and each agency by rule shall adopt the memorandum of understanding.
(c)  The memorandum of understanding shall:
(1)  require the development and monitoring of indicators that identify career schools and colleges that have excessive loan default rates, poor program performance, or both;
(2)  require the sharing of specific information relating to the indicators between the commission and the Texas Guaranteed Student Loan Corporation or other agency;  and
(3)  require the application of specific sanctions by the commission or by the Texas Guaranteed Student Loan Corporation or other agency, as appropriate, to lower the default rates, improve program performance, or both.
(d)  If the commission enters into a memorandum of understanding with the Texas Guaranteed Student Loan Corporation related to the regulation of career schools and colleges, the commission may require each career school or college governed by this chapter to provide information to the commission that is necessary for the purposes of the memorandum of understanding.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 4.05, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.25 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.37, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.11, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.26, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.024. Student Information; Offense; Penalty

Sec. 132.024.  STUDENT INFORMATION; OFFENSE; PENALTY.  (a) In this section:
(1)  "Student" means any prospective, current, or former student of:
(A)  a career school or college; or
(B)  any other school, educational institution, or business entity from which the commission receives, or regarding which the commission reviews, information through its administration or enforcement of this chapter.
(2)  "Student information" means identifying information regarding a student that is in the possession of the commission, a career school or college, or any other school, educational institution, or business entity from which the commission receives, or regarding which the commission reviews, information through its administration or enforcement of this chapter.  The term includes:
(A)  a student's name, address, telephone number, social security number, e-mail address, or date of birth;
(B)  any other identifying number or other information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the student; and
(C)  a student's education records, as defined by 34 C.F.R. Section 99.3.
(b)  Student information is not public information for purposes of Chapter 552, Government Code.
(c)  Unless permitted by Subchapter F, Chapter 301, Labor Code, 34 C.F.R. Part 99, Subpart D, or commission rule, a person commits an offense if the person solicits, discloses, receives, or uses, or authorizes, permits, participates in, or acquiesces in another person's use of, student information.
(d)  An offense under Subsection (c) is a Class A misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 326 (H.B. 2538), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 850 (H.B. 2413), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 850 (H.B. 2413), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.025. Required Posting

Sec. 132.025.  REQUIRED POSTING.  To facilitate a prospective student's informed selection among career schools and colleges, the commission shall include in its searchable directory of career schools and colleges maintained on its Internet website information regarding any formal enforcement action taken by the commission against a school or college, including:
(1)  any revocation of the school's or college's certificate of authority;
(2)  any assessment of administrative penalties against the school or college; and
(3)  any suspension of admission of students to the school or college.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter B. General Powers and Duties › Section 132.026. Measures to Facilitate Award of Course Credit for Military Service

Sec. 132.026.  MEASURES TO FACILITATE AWARD OF COURSE CREDIT FOR MILITARY SERVICE.  (a)  The commission shall evaluate programs of study or courses offered by career schools or colleges leading to industry-based certifications or other workforce credentials to identify programs or courses for which skills obtained through military experience, education, and training frequently align.
(b)  The commission shall publish on its Internet website a list of any programs of study or courses identified by the commission under this section and the relevant military experience, education, or training that may align with those programs or courses.
Added by Acts 2021, 87th Leg., R.S., Ch. 133 (H.B. 33), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.051. Certificate of Approval

Sec. 132.051.  CERTIFICATE OF APPROVAL.  (a)  A career school or college may not maintain, advertise, solicit for, or conduct any program of instruction in this state until the career school or college receives a certificate of approval from the commission.
(b)  Any contract entered into with any person for a program of instruction by or on behalf of any person operating any career school or college to which a certificate of approval has not been issued pursuant to this chapter is unenforceable in any action brought thereon.  Any note, other instrument of indebtedness, or contract relating to payment for educational services obtained from a career school or college that does not hold a certificate of approval issued under this chapter is unenforceable in any action brought on the note, instrument, or contract.
Added by Acts 1971, 62nd Leg., p. 2009, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1989, 71st Leg., ch. 813, Sec. 4.06, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.31 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 1.04, 2.12, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.04, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.052. Application for Certificate of Approval

Sec. 132.052.  APPLICATION FOR CERTIFICATE OF APPROVAL.  Every career school or college desiring to operate in this state shall make written application to the commission for a certificate of approval.  Such application shall be verified, be in such form as may be prescribed by the commission, and shall furnish the commission such information as the commission may require.
Added by Acts 1971, 62nd Leg., p. 2009, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.32 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.38, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.13, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.27, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1246 (S.B. 1534), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.053. Statutory Waiver Authority

Sec. 132.053.  STATUTORY WAIVER AUTHORITY.  (a)  The commission may establish rules that waive, alter, suspend, or replace any of the following provisions governing small career schools and colleges:
(1)  the fee schedule authorized under Section 132.201, provided that fees under a fee schedule established by rule may not be less than the reasonable administrative cost for regulation or more than the amount that a small career school or college would otherwise pay if it were not classified as a small career school or college;
(2)  participation in the career school or college tuition trust account required by Section 132.2415;
(3)  the refund policy provisions of Section 132.061;
(4)  the examination of a school or college for compliance under Section 132.056(f);
(5)  the reporting requirements of Section 132.055(b)(15); and
(6)  the term for which a certificate of approval is issued under Section 132.056(b), provided that a rule adopted under this section may not provide for a term that exceeds three years or is less than one year.
(b)  A rule proposed under this section may be adopted only if it will reduce the regulatory burden for small career schools and colleges and will adequately safeguard the interests of the students of small career schools and colleges to receive either the education for which they have contracted or an appropriate refund.
Added by Acts 1993, 73rd Leg., ch. 1010, Sec. 3, eff. Aug. 30, 1993.  Redesignated from Education Code Sec. 32.321 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.39, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.14, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.28, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.017, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.054. Small School or College Exemption

Sec. 132.054.  SMALL SCHOOL OR COLLEGE EXEMPTION.  The commission may exempt small career schools and colleges from any requirement of this chapter to reduce the cost to small schools and colleges of receiving a certificate of approval.
Added by Acts 1993, 73rd Leg., ch. 1010, Sec. 3, eff. Aug. 30, 1993.  Redesignated from Education Code Sec. 32.322 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.15, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.29, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.0551. Qualifications, Training, and Continuing Education Required

Sec. 132.0551.  QUALIFICATIONS, TRAINING, AND CONTINUING EDUCATION REQUIRED.  (a)  Each director of admissions and each full-time instructor employed by a career school or college must meet the minimum qualification and training requirements established by commission rule.
(b)  The chief administrative officer of or an owner with supervisory authority over a career school or college must meet the minimum qualification and training requirements established by commission rule.
(c)  The commission shall require a person described by Subsection (a) or (b) to complete not less than six hours each year of continuing education applicable to the position.
(d)  The commission by rule shall establish the minimum qualification and training requirements and continuing education requirements for each position to which this section applies.
(e)  In accordance with rules adopted for that purpose, the commission shall approve appropriate entities that the commission determines are qualified to provide the continuing education or training courses required by this section.  In approving an entity under this subsection, the commission shall consider the entity's ability to offer a curriculum that:
(1)  addresses the applicable requirements for the positions for which the education or training is provided;
(2)  addresses the statutes, rules, and federal regulations or guidelines applicable to the positions;
(3)  includes any criteria required to receive or retain accreditation from a nationally recognized organization; and
(4)  addresses any other curriculum needs of a continuing education or training course established under this section.
(f)  Each career school or college shall maintain records of any continuing education or training received by school or college officials or personnel and shall make the records available for inspection during regular business hours on the premises of the school.  The records must indicate for which position the continuing education or training was received.
(g)  Expired.
Added by Acts 2005, 79th Leg., Ch. 1279 (H.B. 2333), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.057. Denial of Certificate of Approval

Sec. 132.057.  DENIAL OF CERTIFICATE OF APPROVAL.  (a)  If the commission, upon review and consideration of an application for certificate of approval, shall determine the applicant to be unacceptable, the commission shall set forth the reasons for denial, in writing, to the applicant.
(b)  Any applicant whose certificate of approval is denied has the right of appeal under Subchapter D.
Added by Acts 1971, 62nd Leg., p. 2011, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1973, 63rd Leg., p. 1265, ch. 463, Sec. 3, eff. June 14, 1973.  Redesignated from Education Code Sec. 32.35 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.058. Revocation of Certificate of Approval

Sec. 132.058.  REVOCATION OF CERTIFICATE OF APPROVAL.  (a)  The commission may revoke an issued certificate of approval or place reasonable conditions upon the continued approval represented by the certificate.  Prior to revocation or imposition of conditions upon a certificate of approval, the commission shall notify the holder of the certificate, in writing, of the impending action and set forth the grounds for the action.  The commission may reexamine a career school or college two or more times during each year in which a notice relating to the school or college has been issued or conditions have been imposed on the school or college under this subsection.
(b)  A certificate of approval may be revoked or made conditional if the commission has reasonable cause to believe that the career school or college is guilty of a violation of this chapter or of any rules adopted under this chapter.
Added by Acts 1971, 62nd Leg., p. 2011, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1989, 71st Leg., ch. 813, Sec. 4.09, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.36 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.17, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.31, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.059. Registration of Representatives

Sec. 132.059.  REGISTRATION OF REPRESENTATIVES.  (a)  All representatives employed by a career school or college shall register with the commission.  Application for registration may be made at any time and shall be based on information submitted in accordance with the provisions of Section 132.052.
(b)  Registration of a representative is effective upon receipt of notice from the commission and remains in effect for a period not in excess of 12 calendar months.  Renewal of representative registration shall be in accordance with the renewal application form forwarded to the career school or college by the commission.
(c)  Denial or revocation of registration of a representative by the commission shall be in accordance with the provisions of this chapter applicable to denial or revocation of a certificate of approval.  The commission may deny, suspend, or revoke the registration of a representative who has been convicted of a felony, whether within or without this state.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1246, Sec. 5, eff. September 1, 2011.
(e)  The commission shall deny registration of a representative who owes a penalty under Section 132.152 or 132.155.
Added by Acts 1971, 62nd Leg., p. 2011, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1989, 71st Leg., ch. 813, Sec. 4.10, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.37 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.18, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.32, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1246 (S.B. 1534), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.0611. Refund Policy for Students Called to Active Military Service

Sec. 132.0611.  REFUND POLICY FOR STUDENTS CALLED TO ACTIVE MILITARY SERVICE.  As a condition to receiving a certificate of approval under this chapter, including a renewal of a certificate of approval, a career school or college must maintain, and include in the school or college's catalogue and enrollment contract, a policy under which a student of the school or college who withdraws from the school or college as a result of the student being called to active duty in a military service of the United States or the Texas National Guard may elect one of the following options for each program in which the student is enrolled:
(1)  if tuition and fees are collected in advance of the withdrawal, a pro rata refund of any tuition, fees, or other charges paid by the student for the program and a cancellation of any unpaid tuition, fees, or other charges owed by the student for the portion of the program the student does not complete following withdrawal;
(2)  a grade of incomplete with the designation "withdrawn-military" for the courses in the program, other than courses for which the student has previously received a grade on the student's transcript, and the right to re-enroll in the program, or a substantially equivalent program if that program is no longer available, not later than the first anniversary of the date the student is discharged from active military duty without payment of additional tuition, fees, or other charges for the program other than any previously unpaid balance of the original tuition, fees, and charges for books for the program; or
(3)  the assignment of an appropriate final grade or credit for the courses in the program, but only if the instructor or instructors of the program determine that the student has:
(A)  satisfactorily completed at least 90 percent of the required coursework for the program; and
(B)  demonstrated sufficient mastery of the program material to receive credit for completing the program.
Added by Acts 2007, 80th Leg., R.S., Ch. 496 (S.B. 309), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.062. Withholding Records

Sec. 132.062.  WITHHOLDING RECORDS.  A career school or college may withhold a student's transcript or certificate of completion of training until the student has fulfilled the student's financial obligation to the school or college.
Added by Acts 1983, 68th Leg., p. 1972, ch. 359, Sec. 2, eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 813, Sec. 4.13, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.40 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.19, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.33, eff. Sept. 1, 2003.