reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter K - ADMISSION › Section 807.193 - Receipt of Enrollment Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) For all
				  enrollments, each school shall use the form provided by the Agency to verify
				  the prospective student's receipt of the information required in this
				  section.
(b) Unless otherwise
				  required in this chapter, prior to enrollment the school shall furnish the
				  following to each prospective student:
(1) a
				  school catalog, unless the prospective student enrolls in a seminar;
(2) a schedule of tuition, fees, and other
				  charges;
(3) the cancellation and
				  refund policy;
(4) the progress and
				  grievance policies and, for non-Title IV schools, attendance
				  policies;
(5) the rules of
				  operation and conduct;
(6) if
				  available, the average starting salary per pay period and annually for the
				  prospective student's stated occupation, and information regarding the number
				  of job openings in the program objective field in a specified area within the
				  last calendar year, including the name of the information source;
(7) the regulations pertaining to incomplete
				  grades;
(8) written and verbal
				  information regarding loans and grants and their differences, if the school
				  participates in a loan or grant program;
(9) the requirements, if any, for any state
				  or national licensing, certifications, or registrations;
(10) the exam passage rates for programs that
				  prepare students for state licensing, certification, or registration
				  exams;
(11) the job placement and
				  employment data for the stated occupation as required in this chapter;
				  and
(12) notice of all policies
				  related to program interruption prior to completion and written information
				  informing the student that if the student withdraws, it is the student's
				  responsibility to inform the school or college.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter K - ADMISSION › Section 807.194 - Enrollment Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) For distance
				  education schools, the enrollment agreement shall specify the amount of time
				  allotted to the student to complete the program.
(b) A school shall submit an enrollment
				  agreement to the Agency for approval.
(c) A school shall use only an approved
				  enrollment agreement to enroll students.
(d) The executed enrollment agreement shall
				  include, but is not limited to, the following:
(1) full and correct name and location of the
				  school;
(2) program title, tuition,
				  fees, reasonable estimate cost of books and supplies, any other expenses, total
				  cost of the program, items subject to cost change, method of payment and
				  payment schedule, disclosure statement if interest is charged on more than
				  three payments, and detachable buyer's right to cancel if enrollment is
				  procured off campus;
(3) date
				  training is to begin and program length;
(4) name, address, and signature of the
				  student;
(5) student's email
				  address if any part of the instruction or academically related activity is web
				  based;
(6) statement by the school
				  that the student will receive a copy of the school enrollment agreement and
				  catalog at the time of signing by the student;
(7) cancellation and refund policy;
				  and
(8) a Federal Trade Commission
				  statement for holder in due course, unless no loans, grants, or installment
				  payments are involved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter K - ADMISSION › Section 807.195 - Conduct Policy

Current through Reg. 49, No. 28; July 12, 2024
The school shall submit for approval a copy of the rules
					 and regulations pertaining to conduct, which shall include statements
					 regarding:
(1) conditions for
				  dismissal; and
(2) conditions for
				  reenrollment of those students dismissed for violating the conduct
				  policy.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter K - ADMISSION › Section 807.196 - Tuition and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A school shall
				  disclose to potential students all tuition, fees, and other charges, and state
				  such information in the school's application for a certificate of approval. The
				  school may not use an estimated tuition amount, nor may the school increase the
				  student's tuition if the student remains continuously enrolled and completes
				  the training as approved at the time of admission. If the school charges to
				  repeat courses, the amount of the charges must be disclosed to the
				  student.
(b) A school shall make
				  available for review by the Agency upon request:
(1) a description of the methods of payment
				  that are available to enrolling students;
(2) the names and addresses of lending
				  institutions used by the school for student tuition loans; and
(3) the true annual percentage rate and any
				  other fees or charges associated with student tuition loans.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter K - ADMISSION › Section 807.197 - Admission Requirements for Degree Granting Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) Students who
				  transfer from other postsecondary schools shall complete at least 20 academic
				  semester hours or 30 academic quarter hours in residency at the school that
				  will grant the degree. This does not apply to transfers within the same school
				  system or teach-outs approved by the Agency.
(b) A school shall allow students attending
				  at the time a school becomes a degree granting school to earn a degree,
				  providing the student:
(1) meets all the
				  prerequisites for acceptance into the degree program; and
(2) satisfactorily completes all courses or
				  equivalent courses of the degree program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter L - PROGRESS STANDARDS › Section 807.221 - General Requirements for Progress Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may
				  approve specific progress standards for self-paced, competency-based
				  programs.
(b) Seminars, because of
				  their nature and duration, are not required to have progress
				  standards.
(c) The progress
				  evaluation records shall be of the type and nature to reflect whether the
				  student is making satisfactory progress to the point of being able to complete
				  all subject matter within the allotted time provided in the course
				  curriculum.
(d) The school shall
				  submit its policies pertaining to incomplete grades to the Agency for approval
				  and publish those policies in the school's catalog. The policies shall address
				  the possibility of the classes being discontinued when the student returns and
				  clarify options available to that student pursuant to the Act.
(e) Approved court reporting program students
				  may receive one grade of "IP" (in progress) in any speedbuilding class if they
				  have not achieved the required speed at the end of the grading
				  period.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter L - PROGRESS STANDARDS › Section 807.222 - Progress Requirements for Residence Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) For programs with course time of 40 hours
				  or less, the school is only required to give a final exam at the end of the
				  program to determine whether the student has sufficient knowledge to warrant a
				  certificate of completion, in lieu of a progress evaluation.
(b) For programs with course time of 41 to
				  200 hours, the school shall record a student's grades at the midpoint and end
				  of each progress evaluation period. A student not making satisfactory progress
				  at the midpoint shall be placed on academic probation for the remainder of the
				  progress evaluation period. If the student does not achieve satisfactory
				  progress by the end of the probationary period, the student's enrollment shall
				  be terminated.
(c) For schools
				  approved on a course time basis and offering programs in excess of 200 hours,
				  the school shall evaluate progress at least every eight weeks. A school
				  approved on a credit hour basis shall evaluate progress at the midpoint and
				  end-of-term for academic semester or academic quarter or at least every eight
				  weeks. For programs with course time in excess of 200 hours, the following
				  shall apply.
(1) The school shall place a
				  student making unsatisfactory progress for the program at the end of a progress
				  evaluation period on academic probation for the next progress evaluation
				  period. If the student on academic probation achieves satisfactory progress for
				  the subsequent progress evaluation period, but does not achieve the required
				  grades to meet overall satisfactory progress for the program, the student may
				  be continued on academic probation for one more progress evaluation
				  period.
(2) If a student on
				  academic probation fails to achieve satisfactory progress for the first
				  probationary progress evaluation period, the student's enrollment shall be
				  terminated.
(3) The enrollment of a
				  student who fails to achieve overall satisfactory progress for the program at
				  the end of two successive probationary progress evaluation periods shall be
				  terminated.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter L - PROGRESS STANDARDS › Section 807.223 - Progress Requirements for Asynchronous Distance Education Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) Asynchronous
				  distance education schools shall evaluate progress as the school receives each
				  lesson assignment. The school shall maintain the record of progress on forms
				  approved by the Agency. Forms shall include:
(1) the date course materials are mailed to
				  the student;
(2) the date the
				  lesson assignment is received from the student;
(3) the grade on a per-lesson
				  basis;
(4) the instructor's
				  name;
(5) the date graded
				  assignments are returned to the student; and
(6) the final grade for the program with
				  completion date indicated.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter L - PROGRESS STANDARDS › Section 807.224 - Progress Requirements for Degree Granting Schools

Current through Reg. 49, No. 28; July 12, 2024
For a school offering degree programs, the progress
					 standards shall include the following:
(1) a student progress evaluation every
				  academic semester, academic quarter, or at least every eight weeks in other
				  academic term programs;
(2) a
				  minimum grade point average for graduation from all degree programs of 2.0
				  based on a 4.0 scale, and that a student achieves a passing grade in all
				  required courses;
(3) a
				  probationary period of one academic semester, academic quarter, or approved
				  grading period following the end of the academic semester, academic quarter, or
				  approved grading period in which the student's grades become unsatisfactory;
				  and
(4) provisions for termination
				  at the end of not more than two consecutive probationary periods if the
				  student's cumulative grade point average does not improve to the level required
				  for graduation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter M - ATTENDANCE STANDARDS › Section 807.241 - General Requirements for Attendance

Current through Reg. 49, No. 28; July 12, 2024
(a) Seminar programs
				  that begin and end on the same day are not required to maintain an attendance
				  policy.
(b) Title IV schools are
				  not required to take attendance.
(c) The Agency may approve specific
				  attendance requirements for self-paced, competency-based programs.
(d) No provision in this subchapter shall
				  require a school to terminate the enrollment of a student for lack of
				  attendance at a point at which a refund would not be due.
(e) A school shall charge for a full day of
				  absence when the student fails to attend all of the scheduled classes on that
				  day. The school shall charge for a partial day of absence for any period of
				  absence during the day.
(f) A
				  school shall not consider school holidays, such as summer vacation and
				  Christmas holidays, and so forth, as days of absence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter M - ATTENDANCE STANDARDS › Section 807.242 - Attendance Requirements for Degree Granting Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  requirements are for non-Title IV schools and Title IV schools that voluntarily
				  take attendance.
(b) For a school
				  offering degree programs, the attendance standards shall include the following:
(1) provisions for termination or probation
				  during the next academic quarter, academic semester, or approved term when a
				  student is absent for more than 20 percent of the scheduled course time hours
				  during an academic quarter, academic semester, or approved term;
(2) provisions for termination when a student
				  is absent for more than 20 percent of the scheduled course time hours during
				  the probationary academic quarter, academic semester, or approved term;
				  and
(3) provisions for termination
				  prior to the last quarter, when a student is absent in excess of 10 consecutive
				  school days or 20 percent of the total course time hours in the course,
				  whichever occurs first.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter M - ATTENDANCE STANDARDS › Section 807.243 - Termination of Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) A school shall
				  terminate the enrollment of a student who accumulates the lesser of the
				  following amounts of absences:
(1) more than
				  10 consecutive school days;
(2)
				  more than 20 percent of the total course time hours in a program with course
				  time of more than 200 hours;
(3)
				  more than 25 percent of the total course time hours in a program or individual
				  course with course time of 41 to 200 hours;
(4) more than 25 percent of the total course
				  time hours for seminars, individual courses, or programs with course time of 40
				  hours or less;or
(5) any number of
				  days if the student fails to return as scheduled from an approved leave of
				  absence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter M - ATTENDANCE STANDARDS › Section 807.244 - Make-up Work

Current through Reg. 49, No. 28; July 12, 2024
(a) No more than 5
				  percent of the total course time hours for a program, rounded down to the
				  closest one-half hour increment, may be made up. Attendance course time hours,
				  for purposes of Subchapters M - O of this chapter, may not be made
				  up.
(b) The school shall submit
				  make-up work policies to the Agency for approval.
(c) Make-up work shall:
(1) be supervised by an instructor approved
				  for the class being made up;
(2)
				  require the student to demonstrate substantially the same level of knowledge or
				  competence expected of a student who attended the scheduled class
				  session;
(3) be completed within
				  two weeks of the end of the grading period during which the absence
				  occurred;
(4) be documented by the
				  school as being completed, recording the date, time, duration of the make-up
				  session, and the name of the supervising instructor; and
(5) be signed and dated by the student to
				  acknowledge the make-up session.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter M - ATTENDANCE STANDARDS › Section 807.245 - Leaves of Absence

Current through Reg. 49, No. 28; July 12, 2024
(a) Seminars, programs,
				  and individual subjects with course times of 40 hours or fewer shall not grant
				  leaves of absence.
(b) A school
				  director may grant a leave of absence after determining that good cause is
				  shown.
(c) Except as provided in
				  subsection (d) of this section, in a 12-month period, a student may have no
				  more than two leaves of absence. For a program with course time of 200 hours or
				  less, a student may be on leave of absence for a total of 30 calendar days. For
				  programs with course time of more than 200 hours, a student may be on leave of
				  absence for a total of 60 calendar days.
(d) Programs with a course time of more than
				  600 hours, and that are eligible for Title IV funding, may have a leave of
				  absence policy consistent with the United States Department of Education policy
				  at 34 Code of Federal Regulations §668.22(d).
(e) School attendance records shall clearly
				  define the dates of the leave of absence. A written statement as to why the
				  leave of absence was granted, signed by both the student and the school
				  director indicating approval, shall be placed in the student's permanent
				  file.
(f) In addition to the
				  requirements concerning leaves of absence in this subchapter, a school offering
				  degree programs that schedules their courses on an academic quarter or academic
				  semester basis may include in their attendance policies provisions for summer
				  leaves of absence. These leaves of absence shall not exceed the lesser of 120
				  days or the interval between the end of the spring academic quarter or academic
				  semester and the start of the fall academic quarter or academic
				  semester.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter N - CANCELLATION AND REFUND POLICY › Section 807.261 - Requirement for Tour

Current through Reg. 49, No. 28; July 12, 2024
(a) Schools are
				  required to provide a tour on or before the first scheduled class
				  day.
(b) Notwithstanding subsection
				  (a) of this section, distance education programs and seminars are not required
				  to provide the student a tour.
(c)
				  Students enrolled in a hybrid or blended program are required to be provided a
				  tour on or before the first scheduled class day.
(d) The student shall sign and date an
				  acknowledgement form certifying the completion of the tour.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter N - CANCELLATION AND REFUND POLICY › Section 807.262 - Completion of Refund

Current through Reg. 49, No. 28; July 12, 2024
(a) A school shall
				  document refunds by written record indicating the date of the refund
				  transaction, the name of the student receiving the refund, the total amount
				  refunded, and the specific reason for the refund. Proof of completion shall be
				  on file within 120 days of the effective date of termination and shall include:
(1) copies of both sides of the cancelled
				  check;
(2) printed proof of
				  completed transaction of electronic funds transfer or other similar electronic
				  means; or
(3) documentation of an
				  awarded credit to a credit card or other similar account.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter N - CANCELLATION AND REFUND POLICY › Section 807.263 - Refund Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency, after
				  considering the specific facts associated with a school's conduct, may order a
				  full or partial refund to affected students if the school:
(1) does not provide a class with:
(A) an approved instructor;
(B) an instructor for whom an application has
				  been properly submitted to the Agency; or
(C) a temporary instructor for whom the
				  school submitted notice to the Agency;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter N - CANCELLATION AND REFUND POLICY › Section 807.264 - Penalties Relating to Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  penalty shall be paid on any refund not completed in a timely manner as
				  required by the Act. The penalty assessment shall begin on the first day
				  following the expiration of the statutorily defined refund period and end on
				  the day preceding the date the refund is completed.
(b) Any penalty assessed on a school's late
				  payment of student refunds shall be disbursed in the following order of
				  priority:
(1) to the student's account at a
				  lending institution for the balance of principal and interest on the student
				  loan;
(2) to the student for
				  tuition and fees paid directly by the student;
(3) to a Board for tuition and fees paid by
				  the Board; and
(4) to the tuition
				  trust account for any remaining balance of assessed penalty.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter O - RECORDS › Section 807.281 - General Information for Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A school shall
				  permanently maintain a master student registration list (MSRL). If the school
				  maintains the MSRL in electronic form, the school must be able to produce a
				  printed copy immediately upon request. The MSRL must contain at least the
				  following information:
(1) date of applicable
				  entry;
(2) name of
				  student;
(3) address of student
				  including city, state, and zip code;
(4) telephone number;
(5) social security number;
(6) date of birth; and
(7) name of program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter O - RECORDS › Section 807.282 - Student Information and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A school shall
				  permanently maintain student transcripts of academic records. A school shall
				  provide such transcripts to students and prospective employers at a reasonable
				  charge if the student has fulfilled the financial obligation to the school and
				  is neither in default nor owes a refund to any federal or state student
				  financial aid program.
(b)
				  Transcripts of academic records, student payment ledgers, and enrollment
				  agreements must be maintained in electronic format or converted to electronic
				  format within 12 months of their creation or revision. A scanned copy of
				  original paper transcripts is an acceptable electronic format for transcripts
				  of academic records.
(c) A school
				  shall retain financial records in accordance with federal retention
				  requirements.
(d) A school shall
				  retain all student records for at least a five-year period and these records
				  shall include:
(1) a written record of
				  previous education and training on a form provided by the Agency; and
(2) official transcripts from all previous
				  postsecondary schools attended by the student.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter O - RECORDS › Section 807.283 - Attendance Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  requirements are for non-Title IV schools:
(1)
				  A school shall maintain a master record of attendance on each student that
				  clearly indicates the name of the program, program begin and end dates, dates
				  of attendance, and the scheduled hours each day.
(2) Each instructor shall maintain a record
				  of attendance, which shall record the instructor's name, program name, subject
				  name, date, number of scheduled hours for that date, and the hours of absence.
				  Entries in the record of attendance shall be made in ink or other permanent
				  medium, including other permanent computer records, and shall not be
				  changed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter O - RECORDS › Section 807.284 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Schools shall
				  report to the Agency, as directed, the facts and information about their
				  programs and operations deemed necessary for the proper administration of the
				  Act and any rules adopted under the Act.
(1)
				  The data to be reported by a school shall include:
(A) student enrollment information for all
				  programs;
(B) completion,
				  employment, and job placement information for all programs approved for an
				  occupational objective; and
(C) any
				  other required information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter P - COMPLAINTS › Section 807.301 - School Policy Regarding Complaints

Current through Reg. 49, No. 28; July 12, 2024
The school shall:
(1) submit a written grievance procedure
				  designed to resolve disputes between current and former students and the school
				  for Agency approval;
(2) provide a
				  copy of the grievance procedure to each student and maintain proof of such
				  delivery;
(3) maintain records
				  regarding grievance filings and resolutions;
(4) diligently work to resolve all complaints
				  at the local school level; and
(5)
				  post a visible notice on the school's website and centrally located at or near
				  the school's main entrance; in at least one of the student common areas (for
				  example, the student cafeteria and/or breakroom); in places where student
				  solicitation, financial aid assistance, and enrollment activities take place;
				  and other locations as necessary to respond to problems with career school rule
				  compliance, which states that:
(A) the school
				  has a certificate of approval from the Agency, and provides the Agency-assigned
				  school number;
(B) the school's
				  programs are approved by the Agency and may also be approved by other state
				  agencies or accrediting bodies, and provides the name of any accrediting body
				  and state agency, as applicable;
(C) students who are dissatisfied with the
				  school's response to their complaints can file a formal complaint with the
				  Agency, as well as with the school's accrediting body, if applicable;
				  and
(D) additional information on
				  complaint procedures is located on the Agency's Career Schools and Colleges
				  website.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter P - COMPLAINTS › Section 807.302 - Complaints and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may
				  investigate or refer to other authorities with jurisdiction to investigate, as
				  appropriate, all complaints received about a school, whether licensed or
				  unlicensed.
(b) The Agency may
				  determine the extent of investigation needed by considering various factors,
				  such as:
(1) the seriousness of the alleged
				  violation;
(2) the source of the
				  complaint;
(3) the school's history
				  of compliance and complaints;
(4)
				  the timeliness of the complaint;
(5) the feasibility of investigations;
				  and
(6) any other reasonable matter
				  deemed appropriate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter Q - TRUCK DRIVER TRAINING PROGRAMS › Section 807.321 - General Information Regarding Truck Driver Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A school providing
				  truck driver training shall ensure that the truck driver instructors complete a
				  truck driver instructor development course with at least 40 hours of course
				  time.
(b) All truck driver training
				  programs shall comply with applicable requirements outlined in 49 Code of
				  Federal Regulations Part 380, its successors, and any other applicable legal
				  requirements, and must be listed on the Federal Motor Carrier Safety
				  Administration registry, called the Training Provider Registry.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter Q - TRUCK DRIVER TRAINING PROGRAMS › Section 807.323 - Behind-the-Wheel Instruction

Current through Reg. 49, No. 28; July 12, 2024
A school providing behind-the-wheel instruction shall
					 ensure that the instruction includes:
(1) actual driving practice while the motor
				  vehicle is in motion;
(2) no more
				  than four persons, excluding the instructor, occupying any motor vehicle during
				  the behind-the-wheel instruction;
(3) notice in all contracts and
				  advertisements of behind-the-wheel instruction being conducted with groups of
				  students, if applicable; and
(4)
				  credit toward satisfying minimum standards for behind-the-wheel instruction for
				  only actual time spent behind the wheel in vehicle operation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter Q - TRUCK DRIVER TRAINING PROGRAMS › Section 807.324 - Motor Vehicle Insurance

Current through Reg. 49, No. 28; July 12, 2024
A school providing truck driver training shall ensure
					 that:
(1) a current list of vehicles
				  used in truck driver training is filed with the Agency on a form provided by
				  the Agency;
(2) an insurance
				  certificate accompanies each motor vehicle used in training and is filed with
				  the Agency on or before the date the school files an original or renewal
				  application for approval of the program with the Agency;
(3) an insuring company or carrier issues an
				  insurance certificate on a form furnished by the Agency directly to the Agency,
				  which states the insurance company or carrier has issued a policy or policies
				  of insurance, and the amounts of insurance for each vehicle listed on the list
				  of vehicles used in truck driver training;
(4) a written notice is provided to the
				  Agency by registered or certified mail at least 10 days prior to the expiration
				  date of insurance coverage of a listed vehicle; and
(5) a copy of the written notice of
				  cancellation of insurance on any listed vehicle is provided to the Agency by
				  registered or certified mail immediately upon receipt of notice by the
				  school.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter Q - TRUCK DRIVER TRAINING PROGRAMS › Section 807.325 - Prohibited Activities Regarding Truck Driver Training

Current through Reg. 49, No. 28; July 12, 2024
(a) A school, a trainer
				  of truck driver instructors, or a truck driver instructor shall not:
(1) allow an instructor to give instruction
				  or allow a student to secure instruction in the classroom or in a motor vehicle
				  if that instructor or student is using or exhibits any evidence or effect of an
				  alcoholic beverage, controlled substance, or other such impairment;
(2) permit a student to operate a motor
				  vehicle without a valid driver's license or instruction permit in the student's
				  possession during behind-the-wheel instruction;
(3) permit more than a ratio of four students
				  per vehicle and three vehicles per instructor on truck driving
				  ranges;
(4) permit more than four
				  students per vehicle per instructor during street instruction for truck driver
				  training; or
(5) advertise or
				  otherwise state or imply that a driver's license or permit is guaranteed or
				  assured to any student or individual who may take or complete any instruction
				  or course of instruction, enroll, or otherwise receive instruction in any truck
				  driver training school.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter Q - TRUCK DRIVER TRAINING PROGRAMS › Section 807.326 - Required Training for Students

Current through Reg. 49, No. 28; July 12, 2024
All career schools and colleges Commercial Driver's License
					 (CDL) training programs must include training on the recognition and prevention
					 of human trafficking, the content of which is to be established by the Agency
					 in collaboration with the Office of the Attorney General.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter R - CLOSED SCHOOLS › Section 807.341 - School Closures

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners with
				  knowledge of a school's impending closure shall notify the Agency as soon as
				  possible or practical.
(b) Prior to
				  closure a school must:
(1) contact the Agency
				  regarding a school survey visit and the process required to close out the
				  school records;
(2) complete any
				  closure documents required by the Agency;
(3) provide information on any teach out
				  plans or arrangements; and
(4)
				  complete any other requirements deemed necessary by the Agency for an orderly
				  closure.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter R - CLOSED SCHOOLS › Section 807.342 - Tuition Trust Account

Current through Reg. 49, No. 28; July 12, 2024
(a) In a year in which
				  the Agency determines it is necessary to charge a fee under §132.2415(b)
				  of the Act, each school shall make a payment to the tuition trust account at
				  the time the school renewal fee is paid.
(b) The amount in the tuition trust account,
				  as provided in the Act, is an accrued balance. The accrued balance is the cash
				  balance of the tuition trust account less the sum of the accrued liabilities
				  from unpaid student refunds and teach-out claims.
(c) Disbursements shall be made from the
				  tuition trust account for student refunds and reimbursable teach-out expenses
				  incurred during each 12-month period ending August 31, and shall be:
(1) made first for student refunds in
				  accordance with §132.2415(d) of the Act and §
											807.262 of
				  this chapter;
(2) calculated after
				  refunds or discharges from other funding sources have been
				  determined;
(3) disbursed to other
				  funding sources from any amount remaining under the limitation of
				  §132.242(e) of the Act; and
(4) disbursed for reimbursable teach-out
				  expenses based upon remaining funds in the account.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter S - SANCTIONS › Section 807.351 - Notice and Administration of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to its
				  authority under §132.152 of the Act, the Agency may impose administrative
				  penalties or other sanctions on an entity for violations of §132.151 of
				  the Act or this chapter.
(b) The
				  Agency will serve notice of a sanction, with determination of the violation on
				  which it is based, by both email and certified mail, return receipt requested,
				  mailed to the owner's address of record as listed on the application for
				  certificate of approval. Unless there is other evidence of receipt, notice is
				  presumed received five days from the date it is mailed by the Agency.
(c) In imposing administrative penalties or
				  other sanctions, the Agency may consider all the factors that it deems
				  relevant, including, but not limited to, the following:
(1) The amount of administrative penalty or
				  level of sanction necessary to ensure immediate and continued compliance with
				  statutes and regulations;
(2) The
				  conduct of the entity in taking all reasonable steps or procedures necessary
				  and appropriate to comply with statutes and regulations and to correct the
				  violation; and
(3) The entity's
				  prior violations of statutes, regulations, or orders administered, adopted, or
				  issued by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter S - SANCTIONS › Section 807.352 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Sanctions may
				  include:
(1) administrative penalties
				  outlined in §
											807.353
				  of this subchapter;
(2) denying the
				  school's application for a certificate of approval;
(3) revoking the school's certificate of
				  approval;
(4) placing conditions on
				  the school's certificate of approval;
(5) suspending the admission of students to
				  the school or a program;
(6)
				  denying a program approval;
(7)
				  revoking a program approval;
(8)
				  disapproving or revoking approval of an owner, school director, instructor, or
				  other staff member whose approval may be required;
(9) denying, suspending, placing conditions
				  on, or revoking the registration of the school's representatives;
(10) assessing a late refund
				  penalty;
(11) charging the school
				  an investigation fee to resolve a complaint against the school;
(12) charging the school interest and
				  penalties on late payments of fee installments;
(13) applying for an injunction against the
				  school;
(14) asking the attorney
				  general to collect a civil penalty from any person who violates the Act or this
				  chapter;
(15) ordering a peer
				  review of the school; and
(16)
				  issuing a cease and desist order to an unlicensed school.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter S - SANCTIONS › Section 807.353 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) An administrative
				  penalty shall not exceed the amount specified in §132.152 of the Act for
				  each instance of a violation and shall be assessed in accordance with that
				  section.
(b) The administrative
				  penalty is calculated based on a penalty dollar amount and the number of
				  instances of violation.
(c) A
				  violation is considered a repeat violation only where notice of a violation or
				  an administrative penalty has been issued previously for that same
				  violation.
(d) The assessment of an
				  administrative penalty shall not preclude the Agency from administering other
				  sanctions, up to and including revocation of a school's certificate of
				  approval.
(e) The following penalty
				  matrix is for determining and assessing an administrative penalty. The absence
				  of a particular violation from the matrix shall not preclude the Agency from
				  assessing an administrative penalty.
Attached Graphic
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter T - CEASE AND DESIST ORDERS › Section 807.361 - Statement of Charges and Notice of Hearing on Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
If the Agency believes a person is operating a career
					 school or college without a certificate of approval in violation of
					 §132.151 of the Act, the Agency may issue a statement of charges and
					 notice of hearing to consider the issuance of a cease and desist
					 order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter T - CEASE AND DESIST ORDERS › Section 807.362 - Contents of Statement of Charges and Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
The statement of charges and notice of hearing issued by
					 the Agency will contain the following information:
(1) The name and last known address of the
				  person against whom the order may be entered;
(2) A short and plain statement of the
				  reasons the Agency believes the person is operating a career school or college
				  without a certificate of approval; and
(3) The date, time, and location of the
				  hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter T - CEASE AND DESIST ORDERS › Section 807.363 - Service of Statement and Charges and Hearing Notice for the Issuance of Cease and Desist Orders

Current through Reg. 49, No. 28; July 12, 2024
The statement of charges and notice of hearing to consider
					 a cease and desist order shall be served by certified mail, return receipt
					 requested, on the person against whom the order is entered. Notice is presumed
					 received five days from the date it is mailed by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter T - CEASE AND DESIST ORDERS › Section 807.364 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Commissioner or employee of the Agency assigned to render a decision or to make
				  findings of fact and conclusions of law in a cease and desist proceeding shall
				  not directly or indirectly communicate in connection with an issue of fact or
				  law with the Commission, a person, a party, or a representative of those
				  entities, except on notice and opportunity for each party to
				  participate.
(b) A Commissioner or
				  employee of the Agency assigned to render a decision or to make findings of
				  fact and conclusions of law in a cease and desist hearing may communicate ex
				  parte with an Agency employee who has not participated in a hearing in the case
				  for the purpose of using the special skills or knowledge of the Agency and its
				  staff in evaluating the evidence.
(c) This section shall be construed liberally
				  to promote the effectiveness and efficiency of issuance of cease and desist
				  orders.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter T - CEASE AND DESIST ORDERS › Section 807.365 - Hearing Decision and Final Review by the Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 10 days
				  after the hearing is held, the hearing officer shall issue a written decision
				  granting or denying the request for the issuance of a cease and desist order
				  that includes findings of fact and conclusions of law. The hearing decision
				  shall be mailed by certified mail, return receipt requested, and is presumed
				  received five days from the date it is mailed. The hearing officer's decision
				  becomes final the 15th day after receipt of the hearing decision unless an
				  appeal is filed under subsection (b) of this section.
(b) A party that is not satisfied with the
				  decision of the hearing officer may file a written appeal of the decision to
				  the Agency for a final review no later than the 15th day after receipt of the
				  hearing decision. The written appeal shall contain the party's arguments as to
				  why the decision of the hearing officer should be reversed.
(c) Upon receipt of the written appeal of the
				  hearing officer's decision, the Agency shall consider the appeal and issue a
				  decision promptly. The Agency shall consider the appeal on the basis of the
				  record made before the hearing officer. The decision of the Agency shall be
				  mailed by certified mail, return receipt requested, and is presumed received
				  five days from the date it is mailed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter T - CEASE AND DESIST ORDERS › Section 807.366 - Cease and Desist Order

Current through Reg. 49, No. 28; July 12, 2024
(a) If the request for
				  the issuance of a cease and desist order becomes final under the provisions of
				  §
										807.365(a)
				  of this subchapter or, if after an appeal the decision under §
										807.365(c)
				  of this subchapter upholds the issuance of a cease and desist order by the
				  Agency, the hearing officer shall issue a cease and desist order against the
				  person who is found operating a career school or college without a certificate
				  of approval in violation of §132.151 of the Act.
(b) The cease and desist order shall be
				  delivered by certified mail, return receipt requested, and is presumed received
				  five days from the date it is mailed.
(c) From the date of receipt of the issuance
				  of the cease and desist order, the person must completely cease and desist
				  operating the career school or college.
(d) The cease and desist order shall remain
				  in effect until the person comes into complete compliance with the Act as
				  determined by the Agency, or unless otherwise provided by the order of the
				  Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.381 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides a hearing process to the extent
					 authorized by the Act and the rules administered by the
					 Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter U - CAREER SCHOOLS HEARINGS › Section 807.383 - Information on Right of Appeal

Current through Reg. 49, No. 28; July 12, 2024
An issuer of a determination shall inform the career school
					 applicant or any party directly aggrieved by the determination of the right to
					 a hearing. The notice shall explain the procedure for an appeal, the party's
					 right of appeal, and the right to be represented by others, including legal
					 counsel.