1. (a) This subchapter governs the following types of instruction offered by institutions of higher education:

   1. (1) Academic credit courses, degree and certificate programs, and formula-funded workforce continuing education provided by a community college through distance education or outside of the boundaries of its taxing district through off-campus instruction;
   2. (2) Academic credit courses, and degree and certificate programs provided by a senior college or university or health-related institution through distance education; off-campus instruction; or on-campus, off-campus or electronic extension;
   3. (3) Academic credit courses, degree and certificate programs, and formula-funded workforce continuing education provided by a public technical college or Lamar state college through distance education or off-campus instruction;
   4. (4) Academic credit courses and programs offered outside Texas by institutions of higher education, including Study-Abroad, Study-in-America, out-of-state, and out-of-country courses;
   5. (5) Extension courses and programs that are offered through distance education or off-campus instruction are covered under this subchapter's provisions concerning distance education or off-campus instruction, even though they may not be submitted for formula funding.

2. (b) This subchapter does not apply to the following types of instruction:

   1. (1) Non-credit adult and continuing education courses provided through distance education, off-campus delivery, or given by on-campus extension by a senior college or university or health-related institution;
   2. (2) Continuing education, except formula-funded workforce continuing education, provided by community colleges, Lamar state colleges, and public technical colleges.

Source Note:The provisions of this §4.104 adopted to be effective August 21, 2005, 30 TexReg 4642.