1. (a) Off-Campus Operations.

   1. (1) A nonexempt institution may not operate a branch campus.
   2. (2) An exempt private postsecondary institution must be approved by the Board to operate a branch campus, extension center, or other off-campus unit in Texas, except as noted in §7.4(a)(2) of this title (relating to Exemptions, Revocation of Exemptions and Certificates of Authorization).
   3. (3) An institution with off-campus offerings that approach the scale of a branch campus, extension center, or other off-campus unit, as defined in §7.3 of this title (relating to Definitions), must submit to the Board a description of its plans, including such information as requested on an application form, to be furnished by the Board upon request.
   4. (4) On receipt of an acceptable application and the application fee for initial review of a branch campus or extension center listed in §7.5(c) of this title (relating to Administrative Procedures Related to Certification of Nonexempt Institutions), the Commissioner may authorize the institution to begin operations at the branch campus, on a temporary basis, pending a formal review and evaluation.

   5. (5) Formal Review and Evaluation.

      1. (A) Accreditor's on-site review and evaluation. The applicant institution shall inform its recognized accreditor of the institution's temporary authorization from the Board to begin operations, as provided in paragraph (4) of this subsection so that the accreditor may conduct a site visit at the branch campus or extension center to verify compliance with that accreditor's criteria for branch campuses.

         1. (i) The institution shall invite the Southern Association of Colleges and Schools (SACS) to participate in the on-site review and evaluation, to provide representatives to examine the institution, and to supply comments on the branch's ability to meet the standards set forth herein. The institution must inform SACS of the impending visit by its accreditor at least six weeks prior to the visit, to facilitate coordination between the two accreditors.
         2. (ii) The institution shall submit to the Board the report of the recognized accreditor's review and evaluation and SACS' comments.
         3. (iii) After examining the report of the recognized accreditor and SACS comments, the Commissioner may issue continuing approval, place conditions on continuing approval, or revoke the Board's temporary authorization of the branch campus or extension center.
         4. (iv) Final approval by the accreditor must be made within two years of the initial approval by the Commissioner, or the Board's temporary authorization will lapse.
         5. (v) If the accreditor denies approval, the Board's temporary authorization shall immediately expire.

      2. (B) Board's on-site review and evaluation. If the accreditor does not conduct an on-site review and evaluation of the branch campus or extension center, the Board will conduct an on-site review and evaluation to determine whether the branch complies with the Board's standards of operations.

         1. (i) The Board will invite SACS to provide representation, to accompany the visiting team, and to supply comments.
         2. (ii) The institution shall be assessed the fee for an on-site survey to a branch campus or extension center, as provided in §7.5(c) of this title (relating to Administrative Procedures Related to Certification of Nonexempt Institutions).
         3. (iii) The institution shall be sent the report of the Board's review and evaluation and shall have 30 days to submit a written response to the report.
         4. (iv) After examining the report of review and evaluation and the institution's written response, the Commissioner may issue continuing approval, place conditions on continuing approval, or revoke the Board's temporary approval of the branch campus or extension center.
   6. (6) The Board requires reviews, including site visits, of the branch campus or extension center according to the schedule used for accreditation of the main campus by the recognized accreditor. The review will be conducted in the same manner as described in paragraph (5) of this subsection. The Commissioner may deny continuing approval of any branch campus or extension site which fails to maintain the conditions and standards on which approval was based.
   7. (7) In the event of any adverse determination made under the authority of this section by the Commissioner, the institution shall receive notice of the determination, and shall be given the reasons for the denial in writing.
   8. (8) If a determination under this section is adverse to an institution, it shall become final and binding unless, within 45 days of receipt of the adverse determination, the institution invokes the administrative remedies contained in Chapter 1, subchapter B of this title (relating to Hearings and Appeals).
   9. (9) Any change in location, ownership, governance, administrative personnel, faculty, or facilities of the branch campus or extension center, or any other changes relevant to the Board's standards for off-campus operations at exempt institutions, shall be reported to the Board within ten days of the change by the chief administrative officer of the institution in order for the Board to determine if such changes adversely affect the conditions under which approval to operate a branch campus, extension center, or other off-campus unit was granted.

2. (b) Standards for Off-Campus Operations at Exempt Institutions.

   1. (1) Legal Compliance. The institution shall be maintained and operated in compliance with all applicable laws of the state in which the institution is located, and with all Texas laws affecting its operations in Texas, including the rules and regulations adopted to administer those laws. The institution shall demonstrate that it is exempt from the requirement to hold a certificate of authority to grant degrees by providing documentation from an accreditor recognized by the Board demonstrating that the institution is currently accredited.
   2. (2) Administration of the Branch Campus. There shall be an appropriate and effective administrative structure between the main campus and the off-campus unit. The character, education, and experience in higher education of the local administrators shall be such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study. Local faculty must have the same degree of separation and independence from the administration that faculty on the main campus enjoy.
   3. (3) Financial Resources and Stability. The institution shall have a reasonable budget for the off-campus unit and must demonstrate adequate reserves available to the off-campus unit to meet its responsibilities to its Texas students.
   4. (4) Institutional Assessment. Continual and effective assessment, planning, and evaluation of all aspects of the institution shall be conducted to advance and improve the institution. These aspects include, but are not limited to, the academic program of teaching, research, and public service; administration; financial planning and control; student services; facilities and equipment, and auxiliary enterprises.

   5. (5) Student Admission and Remediation.

      1. (A) Upon the admission of a student to any undergraduate program, the institution shall document the student's level of preparation to undertake college level work by obtaining proof of the student's high school graduation or General Educational Development (GED) certification and by assessing the academic skills of each entering student with an instrument approved in §4.56 of this title (relating to Assessment Instruments), and otherwise complying with §§4.51 - 4.59 of this title (relating to the Texas Success Initiative). If a GED is presented, to be valid, the score must be at or above the passing level set by the Texas Education Agency. The institution shall provide an effective program of remediation for students diagnosed with deficiencies in their preparation for collegiate study.
      2. (B) Upon the admission of a student to any graduate program, the institution shall document that the student is prepared to undertake graduate-level work by obtaining proof that the student holds a baccalaureate degree from an institution accredited by a recognized accrediting agency, or an institution holding a certificate of authority to offer baccalaureate degrees under the provisions of this chapter, or a degree from a foreign institution equivalent to a baccalaureate degree from an accredited institution. The procedures used by the institution for establishing the equivalency of a foreign degree shall be consistent with the guidelines of the National Council on the Evaluation of Foreign Education Credentials or its successor.

   6. (6) Faculty Qualifications. The character, education, and experience in higher education of the faculty shall be such as may reasonably ensure that the students will receive an education consistent with the objectives of the course or program of study.

      1. (A) Each faculty member teaching in an academic associate or baccalaureate level degree program shall have at least a master's degree from an institution accredited by a recognized agency with at least 18 graduate semester credit hours in the discipline, or closely related discipline, being taught.
      2. (B) At least 25 percent of the courses in an academic associate or baccalaureate level major shall be taught by faculty members holding doctorates, or other degrees generally recognized as the highest attainable in the discipline, or closely related discipline, being taught from institutions accredited by a recognized agency.
      3. (C) Each faculty member teaching technical or vocational courses in a vocational associate degree program shall have at least an associate degree in the discipline being taught from an institution accredited by a recognized agency and at least three years of direct or closely related experience in the discipline being taught.
      4. (D) Each faculty member teaching general education courses in a vocational associate degree program shall meet the requirements for academic associate faculty listed above.
      5. (E) Graduate level degree programs shall be taught by faculty holding doctorates, or other degrees, generally recognized as the highest attainable in the discipline, or closely related discipline, being taught, from institutions accredited by a recognized agency.
      6. (F) With the approval of a majority of the institution's governing board, an individual with exceptional experience in the field of appointment, which may include direct and relevant work experience, professional licensure and certification, honors and awards, continuous documented excellence in teaching, or other demonstrated competencies and achievements, may serve as a faculty member without the degree credentials specified above. Such appointments shall be limited and the justification for appointment fully documented. The Coordinating Board shall evaluate the qualifications of the full complement of faculty providing instruction at the institution to determine that such appointments are justified and make up a small percentage of the faculty as a whole.
   7. (7) Faculty Size. There shall be a sufficient number of faculty holding full time teaching appointments who are accessible to the students to ensure continuity and stability of the education program, adequate educational association between students and faculty and among the faculty members, and adequate opportunity for proper preparation for instruction and professional growth by faculty members. Full time faculty on the main campus serving in merely an assessment role at the off-campus unit do not contribute to meeting the standard. There shall be at least one faculty member with a full-time teaching assignment for each program at the off-campus unit.
   8. (8) Academic Freedom and Faculty Security. The institution shall adopt, adhere to, and distribute to all members of the faculty a statement of academic freedom assuring freedom in teaching, research, and publication. All policies and procedures concerning promotion; tenure; and non-renewal or termination of appointments, including for cause, shall be clearly published in a faculty handbook, adhered to by the institution, and supplied to all faculty. The specific terms and conditions of employment of each faculty member shall be clearly described in a written document that shall be given to that faculty member with a copy to be retained by the institution. If there are separate provisions of employment for Texas branch faculty, those differences must be explicitly stated to faculty in writing. If the differences are substantial, there should be a separate faculty handbook for the Texas faculty.

   9. (9) Curriculum.

      1. (A) The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution and shall be such that the institution may reasonably and adequately achieve the stated objectives of the course or program. Each program shall adequately cover the breadth of knowledge of the discipline taught and coursework must build on the knowledge of previous courses to increase the rigor of instruction and the learning of students in the discipline. Substantially all of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution. An institution may offer no more than a very limited amount of for-credit coursework that does not directly relate to approved programs.
      2. (B) An academic associate degree must consist of at least 60 semester credit hours or 90 quarter credit hours and not more than 66 semester credit hours or 99 quarter credit hours. A baccalaureate degree must consist of at least 120 semester credit hours or 180 quarter credit hours and not more than 139 semester credit hours or 208 quarter credit hours. A master's degree must consist of at least 30 semester credit hours or 45 quarter credit hours and not more than 36 semester credit hours or 54 quarter credit hours of graduate level work past the baccalaureate degree.
      3. (C) Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs, and leveling courses for graduate programs, shall not count toward requirements for completion of the degree.
      4. (D) The degree level, degree designation, and the designation of the major course of study shall be appropriate to the curriculum offered and shall be accurately listed on the student's diploma and transcript.

   10. (10) General Education.

       1. (A) Each academic associate degree program shall contain a general education component consisting of at least 30 semester credit hours or 45 quarter credit hours. Each baccalaureate degree program shall contain a general education component consisting of at least 25 percent of the total hours required for graduation from the program.
       2. (B) This component shall be drawn from each of the following areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural Sciences and Mathematics. It shall include courses to develop skills in written and oral communication and basic computer instruction.

       3. (C) The applicant institution may arrange to have all or part of the general education component taught by another institution, provided that:

          1. (i) the applicant institution's faculty shall design the general education requirement;
          2. (ii) there shall be a written agreement between the institutions specifying the applicant institutions' general education requirements and the manner in which they will be met by the providing institution;
          3. (iii) at least one-half of the courses shall be offered in organized classes; and
          4. (iv) the providing institution shall be accredited by a recognized accrediting agency.

   11. (11) Credit for Work Completed Outside a Collegiate Setting.

       1. (A) An institution awarding collegiate credit for work completed outside a collegiate setting (outside a degree-granting institution accredited by a recognized agency) shall establish and adhere to a systematic method for evaluating that work, shall award credit only in course content which falls within the authorized degree programs of the institution, in an appropriate manner shall relate the credit to the student's current educational goals, and shall subject the institution's process and procedures for evaluating work completed outside a collegiate setting to ongoing review and evaluation by the institution's teaching faculty. To these ends, recognized evaluative examinations such as the advanced placement program (AP) or the college level examination program (CLEP) may be used.
       2. (B) No more than one quarter of the credit applied toward a student's associate or baccalaureate degree program may be based on work completed outside a collegiate setting. Those credits must be validated in the manner set forth in subparagraph (A) of this paragraph. No more than 15 semester credit hours or 23 quarter credit hours of that credit may be awarded by means other than recognized evaluative examinations. No graduate credit for work completed outside a collegiate setting may be awarded. In no instance may credit be awarded for life experience per se or merely for years of service in a position or job.

   12. (12) Library.

       1. (A) The institution shall have in its possession or direct control, properly catalogued, and readily available to its students and faculty a sufficient quality and variety of library holdings to support adequately its own curriculum. In addition, the institution shall supply access to educational resources appropriate to support its program that are available by electronic delivery, including access to the Internet, and shall make these educational resources available in an active and effective manner.
       2. (B) The institution shall have adequate library facilities for the library holdings, space for study, and workspace for the librarian and library staff.
       3. (C) The librarian shall hold a graduate degree in library science from an institution accredited by a recognized accrediting agency. The librarian shall have authority to select and acquire resources with funds in the library budget, have interaction with faculty sufficient to ensure a library collection that supports the courses and programs offered, and have adequate interaction with students to support the library and research needs of the students.
       4. (D) Arrangements made with other libraries for the use of library materials shall be formalized in writing, the collection shall be validated by the institution to be appropriate for the programs being offered, records of usage by the students shall be kept, and the library shall be reasonably accessible to the students and faculty.

   13. (13) Academic Records. Adequate records of each student's academic performance shall be securely and permanently maintained by the institution.

       1. (A) The records for each student shall contain:

          1. (i) student contact and identification information, including address and telephone number;
          2. (ii) records of admission documents, such as high school diploma or GED (if undergraduate) or undergraduate degree (if graduate);
          3. (iii) records of all courses attempted, including grade; completion status of the student, including the diploma, degree or award conferred to the student; and
          4. (iv) any other information typically contained in academic records.
       2. (B) Two copies of said records shall be maintained in secure places.
       3. (C) Transcripts shall be provided upon request by a student, subject to the institution's obligation, if any, to cooperate with the rules and regulations governing state, and federally guaranteed student loans.
   14. (14) Facilities. The institution shall have adequate space, equipment, and instructional materials to provide education of good quality. Student housing owned, maintained, or approved by the institution, if any, shall be appropriate, safe, and adequate.

   15. (15) Accurate and Fair Representation in Publications, Advertising, and Promotion.

       1. (A) Neither the institution nor its agents shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type which are false, deceptive, misleading, or unfair. Likewise, all publications, by any medium, shall accurately and fairly represent the institution, its programs, available resources, tuition and fees, and requirements.

       2. (B) The institution shall provide students, prospective students prior to enrollment, and other interested persons with a catalog containing, at minimum, the following information:

          1. (i) the institution's mission;
          2. (ii) a statement of admissions policies;
          3. (iii) information describing the purpose, length, and objectives of the program or programs offered by the institution;
          4. (iv) the schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study;
          5. (v) cancellation and refund policies;
          6. (vi) a definition of the unit of credit as it applies at the institution;
          7. (vii) an explanation of satisfactory progress as it applies at the institution, including an explanation of the grading or marking system;
          8. (viii) the institution's calendar, including the beginning and ending dates for each instructional term, holidays, and registration dates;
          9. (ix) a complete listing of each regularly employed faculty member showing name, area of assignment, rank, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;
          10. (x) a complete listing of each administrator showing name, title, area of assignment, and each earned degree held, including degree level, degree designation, and institution that awarded the degree;
          11. (xi) a statement of legal control with the names of the trustees, directors, and officers of the corporation;
          12. (xii) a complete listing of all scholarships offered, if any;
          13. (xiii) a statement describing the nature and extent of available student services;
          14. (xiv) complete and clearly stated information about the transferability of credit to other postsecondary institutions including two-year and four-year colleges and universities;
          15. (xv) a statement of Texas Success Initiative requirements;
          16. (xvi) any such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein; and
          17. (xvii) any disclosures specified by the Board or defined in Board rules.
       3. (C) The cancellation and refund policy of the institution shall be fair and shall be applied equitably.
       4. (D) The institution shall provide to each prospective student, newly-enrolled student, and returning student, complete and clearly presented information indicating the institution's current graduation rate by program and job placement rate by program.
       5. (E) Any special requirements, or limitations of program offerings, for the students at the Texas branch must be made explicit in writing. This may be accomplished by either a separate section in the catalog or a brochure separate from the catalog. However, it a brochure is produced, the student must also be given the regular catalog.
       6. (F) Upon satisfactory completion of the program of study, the student shall be given appropriate educational credentials indicating the degree level, degree designation, and the designation of the major course of study, and a transcript accurately listing the information typically found on such a document, subject to institutions' obligation, if any, to cooperate with the rules and regulations governing state, and federally guaranteed student loans.
   16. (16) Academic Advising and Counseling. The institution shall provide an effective program of academic advising for all students enrolled. The program shall include orientation to the academic program, academic and personal counseling, career information and planning, placement assistance, and testing services.
   17. (17) Student Rights and Responsibilities. The institution shall establish and adhere to a clear and fair policy regarding due process in disciplinary matters, and publish this policy in a handbook, which shall include other rights and responsibilities of the students. This handbook shall be supplied to each student upon enrollment in the institution.
   18. (18) Health Services. The institution shall provide an effective program of health services and education reflecting the needs of the students. The program shall include instruction on emergency and safety procedures at the institution, including appropriate responses to illness, accident, fire, and crime.

Source Note:The provisions of this §7.9 adopted to be effective May 29, 2003, 28 TexReg 4131; amended to be effective May 12, 2005, 30 TexReg 2663; amended to be effective August 15, 2006, 31 TexReg 6327; amended to be effective February 19, 2007, 32 TexReg 623.