1. (a) The commission may, at the discretion of the executive director, issue an academic alternative license to a Texas college that is accredited by the Southern Association of Colleges and Schools (SAC) and which has a criminal justice or law enforcement program approved by the Higher Education Coordinating Board (HECB). In order for a license to be issued, a training needs assessment must be submitted to the commission. The needs assessment must include at a minimum:

   1. (1) a description of existing law enforcement training programs in the proposed service area;
   2. (2) proof of notification by certified mail to all licensed academies within the area of the applicant's intent to apply for an academic provider license; and

   3. (3) a description of how the applicant will enhance the current training situation in the area by identifying:

      1. (A) the number of individuals the applicant expects to train annually; and
      2. (B) the basis for the applicant's expectations.
2. (b) If the commission determines that the needs assessment justifies a license, and before an academic alternative license may be issued, the applicant must pass an inspection of its facilities and instructional materials as required by §215.3.

3. (c) As a condition of licensure, the dean of the department:

   1. (1) must appoint and maintain an advisory board as required by law and §215.7;
   2. (2) must follow the current requirements set by its advisory board;
   3. (3) must select a facility that meets all inspection requirements as required by §215.3;
   4. (4) must select any instructional material, equipment, or resources necessary for the academic alternative courses;
   5. (5) must forward for approval, upon the executive director's request, at least one copy of the lesson plans of each academic alternative course provided;
   6. (6) must appoint and maintain the appointment of a qualified training coordinator;
   7. (7) must ensure that the training coordinator discharges any responsibilities required by law, rule, or contract, including §215.9 of this title;
   8. (8) must make provisions for the Registrar to issue all endorsements;
   9. (9) may make contractual provisions with a licensed academy to provide the sequence courses; and

   10. (10) must report in writing to the commission within 30 days:

       1. (A) any change in dean of the department;
       2. (B) any change in training coordinator;
       3. (C) any substantial failure to meet commission rules and standards;
       4. (D) any rule violation by it or its training coordinator, instructors, or advisory board;
       5. (E) any change in status with HECB;
       6. (F) any change in status with SAC;
       7. (G) when non-compliance with ADA or any federal or state requirements is discovered; or
       8. (H) any change in provider name, physical location, mailing address, electronic mail address, or telephone number.
4. (d) The commission may cancel an academic alternative license if it was issued in error or based on false or incorrect information.

5. (e) The commission will award academic coursework credit to each student for the academic alternative courses when provided by licensed academic alternative providers unless:

   1. (1) the courses were not conducted in compliance with commission rules;
   2. (2) the courses were not conducted in compliance with the Higher Education Coordinating Board;
   3. (3) the advisory board, training coordinator, or instructor substantially failed to discharge any responsibility required by rule; or
   4. (4) the credit was obtained by deceitful means.

6. (f) The commission may suspend an academic alternative license, or the executive director or his designee may issue a written reprimand to the dean of the department, if:

   1. (1) the academic alternative provider fails to comply with a commission rules or any law; or
   2. (2) the academic alternative provider has been classified as at risk under §215.13 of this title. If the academic alternative provider is classified as at risk, the dean of the department 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.

7. (g) The commission may revoke an academic alternative license if:

   1. (1) the academic alternative provider has been classified as at risk for a 12-month period without substantial improvement; or
   2. (2) the academic alternative provider has lost either SAC accreditation or HECB approval; or
   3. (3) its training coordinator intentionally or knowingly submits a falsified document or a false written statement or representation to the commission;
8. (h) An academic alternative provider may voluntarily surrender its license at any time for any reason. To voluntarily surrender its license, the dean of the department must send written notice, accompanied by the license, to the executive director. The license is surrendered effective immediately upon receipt by the executive director.
9. (i) The effective date of this section is June 1, 2004.

Source Note:The provisions of this §215.6 adopted to be effective June 1, 2004, 29 TexReg 3811.