1. (a) Off-Campus Operations.

   1. (1) A nonexempt institution may not operate a branch campus.
   2. (2) An exempt private 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) Accreditor's on-site survey. The applicant institution shall inform its recognized accreditor of the institution's initial approval from the Board 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. (A) The institution shall invite the Southern Association of Colleges and Schools (SACS) to participate in the on-site survey, 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. (B) The institution shall submit the report of the recognized accreditor and SACS' comments to the Board.
      3. (C) After examining the reports of the recognized accreditor and SACS, 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.
      4. (D) Final approval by the accreditor must be made within two years of the initial approval by the Commissioner, or the Board's initial approval will lapse.
      5. (E) If the accreditor denies approval, the Board's temporary approval shall immediately expire.

   6. (6) Board's site-visit. If the accreditor does not conduct an on-site survey of the branch campus or extension center, the Board will conduct an on-site survey to determine whether the branch complies with the Board's standards of operations.

      1. (A) The Board will invite SACS to provide representation, to accompany the visiting team, and to supply comments.
      2. (B) 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. (C) The Board's review of the branch campus or extension center's application for Board approval shall follow the procedure described in §7.5(d)(2)-(4) of this title (relating to Administrative Procedures Related to Certification of Nonexempt Institutions), concerning the Board's review of applications for certificates of authority.
      4. (D) The Board shall consider the reports and recommendations of the Commissioner, SACS, and the certification advisory council, and shall make a final determination regarding approval or denial of the branch campus or extension center at a regularly scheduled Board meeting.
   7. (7) 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 (1) 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.
   8. (8) In the event of any adverse determination made under the authority of this section by the Board or the Commissioner, the institution shall receive notice of the determination, and shall be given the reasons for the denial in writing.
   9. (9) 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).

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 student with appropriate diagnostic tests. 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 a degree from a foreign institution equivalent to a baccalaureate degree from an accredited institution. The institution shall follow standard practice in assessing the credentials of students who graduated from foreign institutions.

   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 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 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 terminal degrees, in the discipline being taught, from institutions accredited by a recognized agency.
      6. (F) The institution may be justified in allowing a limited number of faculty members to teach classes on the basis of their expertise in the field, but the expertise, and not mere competence, should be well documented. Difficulty in finding qualified faculty does not constitute a basis for an exception.
   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. 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. Substantially all of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution, provided such courses are appropriate to the level of the institution. 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 associate or 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) Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs, and leveling courses for graduate programs, may not count toward general education requirements for the degree.

       4. (D) 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 30 semester credit hours or 46 quarter credit hours in a student's associate or baccalaureate degree program may be based on work completed outside a collegiate setting and validated in the manner set forth in subparagraph (A) of this paragraph. 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.
       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 information describing the purpose, length, and objectives of the programs offered by the institution; its schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; its cancellation and refund policy; a list of administrative personnel and faculty members, including the degrees held by each person and the institutions awarding those degrees; and 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. Any disclosures specified by the Board or defined in the rules shall be included. The cancellation and refund policy of the institution shall be fair and applied equitably to the Texas residents.
       3. (C) 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, if a brochure is produced, the student must also be given the regular catalog.
       4. (D) 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 Handbook. 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.