1. (a) This subchapter governs the following types of instruction:

   1. (1) Academic credit instruction and formula-funded workforce continuing education provided by a public community/junior college outside of the boundaries of its taxing district;
   2. (2) Academic credit instruction provided by a public technical college, Lamar state college, university, or health-related institution at a site other than the main campus where the primary office of the chief executive officer of the campus is located; or
   3. (3) Academic credit instruction provided at out-of-state or foreign locations by public institutions of higher education;

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

   1. (1) Non-credit adult and continuing education courses provided at a distance by universities and health science centers;
   2. (2) Continuing education, except formula-funded workforce continuing education, provided by public community/junior colleges, Lamar state colleges, and public technical colleges; or
   3. (3) Correspondence and extension classes that are not submitted for formula funding.

3. (c) The Board retains final authority for the offering of all classes, courses, programs, and degrees, and may take whatever action it deems appropriate to comply with the law or to maintain a high-quality and cost-effective system of distance education and off-campus instruction for the state.

   1. (1) Each course and program offered under the provisions of this subchapter must be within the role and mission of the institution responsible for offering the instruction. Each course must be on the offering institution's inventory of approved courses, and each program must be on the offering institution's inventory of approved programs.
   2. (2) Prior approval may be required before an institution may offer courses and programs under the provisions of this subchapter in certain subject area disciplines or under other conditions specified by the Board.
   3. (3) No doctoral or special professional degree programs may be offered via distance education or off-campus instruction without specific prior approval by the Board. The Commissioner may approve for delivery to other off-campus sites or via other delivery modes doctoral or special professional degree programs that have previously been approved by the Board for electronic or off-campus delivery.
4. (d) An institution offering a full degree or certificate program under the provisions of this subchapter shall comply with relevant procedures and rules of the appropriate regulatory or accrediting agency, or professional certification board.
5. (e) No graduate degree program may be offered via distance education or off-campus instruction without prior notification by the institution to the appropriate regulatory or accrediting agency or professional certification board.
6. (f) A program is considered to be offered via distance education or off-campus instruction if a student may complete a substantial majority of the program without taking any courses on the main campus of the public university, public technical college, or health-related institution providing the instruction, or without physically attending classes within the boundaries of the taxing district of the public community/junior college district providing the instruction.
7. (g) Notice of each course offered via off-campus instruction under the provisions of this subchapter shall be submitted to the Board. Notice of each program offered via distance education, including Internet delivery, or off-campus instruction shall be submitted to the Board. Notice shall be provided in accordance with provisions and schedules determined by the Commissioner.
8. (h) State-funded distance education and off-campus instruction shall be reported in accordance with the Board's uniform reporting system and the reporting provisions of this subchapter.
9. (i) Institutions may be required to provide special reports on distance education and off-campus courses and programs for inclusion in institutional and statewide reports.
10. (j) Institutions shall not submit for formula funding semester credit hours generated through distance education by any student who is not a Texas resident or is not physically located in Texas. In limited cases, exceptions can be approved by the Commissioner.
11. (k) Instruction delivered out-of-state through distance education to non-Texas residents should be treated as extension courses; institutions shall charge appropriate fees to cover the cost of instruction.

Source Note:The provisions of this §4.104 adopted to be effective May 27, 2003, 28 TexReg 4115.