16 Tex. Admin. Code § 83.72 - Responsibilities of Schools
(a) Each school
must have the current law and rules book.
(b) Each school is responsible for compliance
with the health and safety standards of this chapter.
(c) Each school must notify the department of
any alterations to a school's floor plan.
(d) The certificate of curriculum approval
must be posted in a conspicuous place in the school. A current syllabus and
lesson plan for each course must be maintained by the school and be available
for inspection.
(e) Schools must
have at least one instructor on duty for each 25 students in attendance,
including evening classes. An instructor must be physically present during all
practical curriculum standard activities, and physically present or
participating through distance education for theory curriculum standard
activities. No credit for instructional hours can be granted to a student
unless such hours are accrued under the supervision of an instructor.
(f) Schools offering distance education must:
(1) obtain department approval before
offering a course;
(2) provide
students with the educational materials necessary to fulfill course
requirements; and
(3) comply with
the curriculum standards in §83.120(c) and §83.202(e) by limiting
distance education to instruction in theory.
(g) Schools must maintain one album to
display each student permit, including affixed picture, of each enrolled
student. The permits must be displayed in alphabetical order by last name, then
alphabetical order by first name, and, if more than one student has the same
name, by student permit number.
(h)
Schools may use a time clock to track student hours and maintain a daily record
of attendance or schools may use credit hours.
(i) Schools using time clocks must ensure
compliance with the following requirements and post a sign at the time clock
that states the following department requirements:
(1) Each student must personally clock
in/out.
(2) No credit may be given
for any times written in, except in a documented case of time clock failure or
other situations approved by the department.
(3) If a student is in or out of the facility
for lunch, the student must clock out.
(4) Students leaving the facility for any
reason, including smoking breaks, must clock out, except when an instructional
area on a campus is located outside the approved facility, that area is
approved by the department and students are under the supervision of an
instructor.
(j) Students
are prohibited from preparing hour reports or supporting documents. Only school
owners and school designees, including instructors, may electronically submit
information to the department in accordance with this chapter. No student
permit holder may electronically submit information to the department under
this chapter.
(k) A school must
properly account for the hours granted to each student. A school may not engage
in any act directly or indirectly that grants or approves student credit that
is not accrued in accordance with this chapter. A school must maintain and have
available for a department and/or student inspection the following documents
for a period of the student's enrollment through 48 months after the student
completes the curriculum standards, withdraws, or is terminated:
(1) daily record of attendance;
(2) the following documents if a time clock
is used:
(A) time clock record(s);
(B) time clock failure and repair record(s);
and
(C) field trip records in
accordance with §83.120(e)(5); and
(3) all other relevant documents that account
for a student's credit under this chapter.
(l) Schools using time clocks must, at least
one time per month submit to the department an electronic record of each
student's accrued clock hours in a manner and format prescribed by the
department. A school's initial submission of clock hours must include all hours
accrued at the school. Delayed data submission(s) are permitted only upon
department approval, and the department will prescribe the period of time for
which a school may delay the electronic submission of data, to be determined on
a case-by-case basis. Upon department approval, a school may submit data
required under this subsection in an alternate manner and format as determined
by the department, if the school demonstrates that the requirements of this
subsection would cause a substantial hardship to the school.
(m) Schools using credit hours must, at the
end of the course or module or if the student drops or withdraws, submit to the
department an electronic record of each student's accrued credit hours in a
manner and format prescribed by the department.
(n) Schools changing from clock hours to
credit hours or from credit hours to clock hours must apply with the department
for approval, on a department approved form, prior to making any
changes.
(o) Successful completion
of 1 credit hour is equal to 37.5 clock hours. This equivalency will be used
for conversion between clock hours to credit hours or credit hours to clock
hours and the department must periodically assess this equivalency conversion
to ensure it is an acceptable industry standard.
(p) Except for a documented leave of absence,
schools must electronically submit a student's withdrawal or termination to the
department within 10 calendar days after the withdrawal or termination. Except
for a documented leave of absence, a school must terminate a student who does
not attend class for 30 consecutive days.
(q) All areas of a school or campus are
acceptable as instructional areas for a public school, provided that the
instructor is teaching barbering or cosmetology curricula required under
§83.120.
(r) A private school
or public post-secondary school may provide barbering and cosmetology
instruction to public high school students by contracting with the school
district and complying with Texas Education Agency law and rules. A public high
school student receiving instruction under such contract is considered to be a
public high school student enrolled in a public school barbering and
cosmetology program for purposes of the Act and department rules.
(s) Schools may establish school rules of
operation and conduct, including rules relating to absences and clothing, that
do not conflict with this chapter.
(t) Schools must ensure that guest presenters
possess the necessary knowledge and teaching ability to present a curriculum
standard topic and that an instructor is present during the guest presenter's
classroom teaching.
(u) Schools
must have a classroom separated from the laboratory area by walls extending to
the ceiling and equipped with the following equipment:
(1) if using a time clock to track student
hours, one day/date formatted computer time clock;
(2) desks and chairs or table space for each
student in attendance;
(3)
multi-media equipment;
(4) a sink
with hot and cold running water and secure space for storage and dispensing of
supplies and equipment;
(5) a
suitable receptacle for used towels/linens;
(6) covered trash cans in lab area;
(7) wet disinfectant soaking container, large
enough to fully immerse tools and implements;
(8) for each student, equipment that is:
(A) sufficient to enable the student to
perform the services associated with the curriculum standards for which the
student is enrolled;
(B) in good
working condition; and
(C) of
adequate design to permit effective instruction;
(9) if offering the class A barber or
operator curriculum standards, the following equipment available in adequate
number for student use:
(A) shampoo bowl and
shampoo chair;
(B) hair drying
equipment or professional hand-held hair dryers;
(C) cold wave rods;
(D) thermal iron (electric or
non-electric);
(E) styling station
covered with a non-porous material that can be cleaned and disinfected, with
mirror and styling or barber chair (swivel or hydraulic);
(F) mannequin with sufficient hair;
(G) professional hand clippers;
(H) manicure station and stool;
(I) facial bed or a chair that
reclines;
(J) dry sanitizer;
and
(K) wet disinfectant soaking
containers, large enough to fully immerse tools and implements;
(10) if offering the esthetician
curriculum standards, the following equipment available in adequate number for
student use:
(A) facial bed or a chair that
reclines;
(B) lighted magnifying
glass;
(C) woods lamp;
(D) dry sanitizer;
(E) steamer machine;
(F) brush machine for cleaning;
(G) vacuum machine;
(H) high frequency machine for disinfection,
product penetration, stimulation;
(I) galvanic machine for eliminating
encrustations, product penetration;
(J) mannequin head; and
(K) wet disinfectant soaking containers,
large enough to fully immerse tools and implements.
(11) if offering the manicure curriculum
standards, the following equipment available in adequate number for student
use:
(A) an autoclave, dry-heat sterilizer or
ultra-violet sanitizer;
(B)
manicure station with sufficient lighting;
(C) client chair;
(D) student stool or chair;
(E) whirlpool foot spa or foot
basin;
(F) electric nail
file;
(G) UV light curing
system;
(H) paraffin bath and
paraffin wax; and
(I) wet
disinfectant soaking containers;
(12) if offering the esthetician/manicure
curriculum standards, the equipment required for the esthetician curriculum
standards as listed in paragraph (10); and the equipment required for the
manicure curriculum standards as listed in paragraph (11); in adequate number
for student use; and
(13) if
offering the eyelash extension curriculum standards, the following equipment
available in adequate number for student use:
(A) facial bed, facial chair, or massage
table, all of which must allow the consumer to lie completely flat;
(B) stool or chair;
(C) lamp;
(D) mannequin head;
(E) wet disinfectant soaking containers;
and
(F) dry sanitizer.
(v) Schools must
display in the school, in a conspicuous place clearly visible to the public:
(1) a notice that a copy of the school's most
recent inspection report issued by the department is available upon
request;
(2) a sign, acceptable to
the department, regarding human trafficking information as required by Texas
Occupations Code §
1603.356 and this
chapter; and
(3) a sign that reads
"SCHOOL--STUDENT PRACTITIONERS" in at least 10-inch block letters, visible from
the outside of each client entrance to the licensed school.
(w) A school may not award credit
or provide instruction for, and a student may not earn, more than 184 hours or
equivalent credit hours per calendar month.
(x) Each school must display a copy of
§§83.100-83.115. A school may meet this requirement by placing the
law and rules book so that it is accessible to all students and all staff who
work in the school.
Notes
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