1. (a) A law enforcement academy may be found at risk if:

   1. (1) after January 1, 2003, if the passing rate on a licensing examination for first attempts for any state fiscal year is less than 70 percent of the students attempting the licensing exam;
   2. (2) after September 1, 2009, the passing rate on a licensing exam for first attempts for any three consecutive state fiscal years, beginning with state fiscal year 2007 (September 1, 2006 through August 31, 2007) is less than 80 percent of the students attempting the licensing exam;
   3. (3) commission required learning objectives are not taught;
   4. (4) lesson plans for classes conducted are not on file;
   5. (5) examination and other evaluative scoring documentation is not on file;
   6. (6) the academy submits false reports to the commission;
   7. (7) the academy makes repeated errors in reporting;
   8. (8) the academy does not respond to commission requests for information;
   9. (9) the academy does not comply with commission rules or other applicable law;
   10. (10) the academy does not achieve the goals identified in its application for a license;
   11. (11) the academy does not meet the needs of the officers and law enforcement agencies served; or
   12. (12) the commission has received sustained complaints or evaluations from students or the law enforcement community concerning the quality of training or failure to meet training needs for the service area.

2. (b) A contractual provider may be found at risk if:

   1. (1) the contractor provides licensing courses and fails to comply with the passing rates in subsection (a)(1) of this section;
   2. (2) lesson plans for classes conducted are not on file;
   3. (3) examination and other evaluative scoring documentation is not on file;
   4. (4) the provider submits false reports to the commission;
   5. (5) the provider makes repeated errors in reporting;
   6. (6) the provider does not respond to commission requests for information;
   7. (7) the provider does not comply with commission rules or other applicable law;
   8. (8) the provider does not achieve the goals identified in its application for a license or contract;
   9. (9) the provider does not meet the needs of the officers and law enforcement agencies served; or
   10. (10) the commission has received sustained complaints or evaluations from students or the law enforcement community concerning the quality of training or failure to meet training needs for the service area.

3. (c) An academic alternative provider may be found at risk if:

   1. (1) after January 1, 2003, if the passing rate on a licensing examination for first attempts for any 3 state fiscal year period is less than 70 percent of the students attempting the licensing exam;
   2. (2) after September 1, 2009, the passing rate on a licensing exam for first attempts for any three consecutive state fiscal years, beginning with state fiscal year 2007 (September 1, 2006 through August 31, 2007) is less than 80 percent of the students attempting the licensing exam;
   3. (3) courses are not conducted in compliance with Higher Education Program Guidelines accepted by the commission;
   4. (4) the commission required learning objectives are not taught;
   5. (5) the program submits false reports to the commission;
   6. (6) the program makes repeated errors in reporting;
   7. (7) the program does not respond to commission requests for information;
   8. (8) the program does not comply with commission rules or other applicable law;
   9. (9) the program does not achieve the goals identified in its application for a license or contract;
   10. (10) the program does not meet the needs of the students and law enforcement agencies served; or
   11. (11) the commission has received sustained complaints or evaluations from students or the law enforcement community concerning the quality of education or failure to meet education needs for the service area.
4. (d) If at risk, the chief administrator of the sponsoring organization, or the training coordinator, must report to the commission in writing within 30 days what steps have been taken to correct deficiencies and on what date they expect to be in compliance.
5. (e) The commission may take action to revoke their license or contract. The commission may choose not to renew a license or contract with a program that has been found to be at risk or the commission may renew the contract for a shorter period than stated in §215.1 of this chapter.
6. (f) A training or educational program at risk must notify all students and potential students of their at risk status.
7. (g) The effective date of this section is July 6, 2009.

Source Note:The provisions of this §215.13 adopted to be effective March 1, 2001, 26 TexReg 225; amended to be effective June 1, 2004, 29 TexReg 3814; amended to be effective June 1, 2007, 32 TexReg 1916; amended to be effective July 6, 2009, 34 TexReg 4346.