In addition to the definitions contained in §
this title, the following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates
(1) Academic quarter--A
period of instruction that includes at least ten weeks of instruction, unless
otherwise approved by the Agency.
(2) Academic semester--A period of
instruction that includes at least 15 weeks of instruction, unless otherwise
approved by the Agency.
Academic term--An academic quarter, academic semester, or other progress
related activity--An exam, tutorial, computer-assisted instruction, academic
counseling, academic advisement, turning in a class assignment, or attending a
study group that is assigned by the institution, or other activity as
determined by the Agency.
Accountant--An independent certified public accountant properly registered with
the appropriate state board of accountancy.
(6) Act--Texas Education Code, Chapter 132,
Career Schools and Colleges.
Address of record--In addition to the mailing address contained in the
application for a certificate of approval, each career school or college shall
establish an email address of record for a distribution list that consistently
maintains a minimum of two current subscribers, with the format of the address
to be "School#Director@xdomain," for example,
Advertising--Any affirmative act designed to call attention to a school or
program for the purpose of encouraging enrollment.
(9) Agency--The unit of state government
established under Texas Labor Code, Chapter 301, that is presided over by the
Commission and administered by the executive director to operate the integrated
workforce development system and administer the unemployment compensation
insurance program in this state as established under the Texas Unemployment
Compensation Act, Texas Labor Code Annotated, Title 4, Subtitle A, as amended.
The definition of Agency applies to all uses of the term in this
(10) Appellant--The party
or the party's authorized hearing representative who files an appeal from an
appealable determination or decision.
(11) Asynchronous distance
education--Distance education training that the Agency determines is not
(12) Class, course, or
course of instruction--An identifiable unit of organized instruction that is
part of a program of instruction.
(13) Commission--The body of governance of
the Texas Workforce Commission composed of three members appointed by the
governor as established under Texas Labor Code, §
that includes one representative of labor, one representative of employers, and
one representative of the public. The definition of Commission applies to all
uses of the term in this chapter.
(14) Coordinating Board--The Texas Higher
Education Coordinating Board.
Course time or course time hour--A class period that is:
(A) a 50-minute to 60-minute lecture,
recitation, or class, including a laboratory class or shop training, in a
(B) a 50-minute
to 60-minute externship in a 60-minute period; or
(C) 60 minutes of preparation in asynchronous
Date of notice--The date the notice is mailed, unless good cause exists for the
hearing officer to determine otherwise.
(17) Date of request of hearing--The date on
which the appellant or the hearing representative filed a written notice of
appeal with the Agency by hand delivery, facsimile, or mail. If an appeal is
mailed to the Agency, then the appeal is perfected as of the postmark date on
the envelope containing the appeal request unless good cause exists for the
hearing officer to determine otherwise. If an appeal is delivered by hand or
facsimile after 5:00 p.m., the date of request shall be the next day.
(18) Distance education course--Either a
seminar or a program that is offered to nonresidence school students delivered
either synchronously or asynchronously to the student from a remote
(19) Distance education
school--A school that offers only distance education courses.
(20) Employment--A graduating or graduate
student's employment in the same or substantially similar occupation for which
the student was trained.
reputation--The possession of honesty and truthfulness, trustworthiness and
reliability, and a professional commitment to the educational process and the
training or preparing of a person for a field of endeavor in a business, trade,
technical, or industrial occupation, as well as the condition of being regarded
as possessing such qualities. In determining whether a person is of good
reputation, the Agency is not limited to the following acts or omissions. The
Agency may consider similar acts or omissions and rehabilitation efforts in
response to prior convictions in making its determination. A person may be
considered to lack good reputation if the person:
(A) has been convicted of a felony or any
other crime that would constitute risk of harm to the school or students as
determined by the Agency;
been successfully sued for fraud or deceptive trade practices, or breach of
contract, within the last 10 years;
(C) owns or administers a school currently in
violation of legal requirements, has owned or administered a school with
repeated violations, or has owned or administered a school that closed with
violations including, but not limited to, unpaid refunds or administrative
(D) has falsified or
withheld information from the Agency.
(22) Hearing--An informal, orderly, and
readily available proceeding held before an impartial hearing officer. A party
or hearing representative may present evidence to show that the Agency's
determination should be reversed, affirmed, or modified.
(23) Hearing officer--An Agency employee
designated to conduct impartial hearings and issue final administrative
representative--Any individual authorized by a party to assist the party in
presenting the party's appeal. A hearing representative may be legal counsel or
another individual. Each party may have a hearing representative to assist in
presenting the party's appeal.
Human trafficking--The action or practice of illegally transporting people for
the purposes of forced labor or commercial sexual exploitation, including all
offenses referred to in Texas Penal Code, Chapter 20A.
(26) Hybrid program or blended program--A
program that has any combination of residence and synchronous distance
placement--An active effort by the school to assist the student in obtaining
employment in the same or substantially similar stated occupation for which the
student was trained. Active efforts include, but are not limited to, the
(A) arranging an interview;
(B) contacting potential employers;
(C) bringing potential
employers to the school to assist the student.
(28) Master Student Registration List
(MSRL)--A comprehensive list with an entry made for any person who signs an
enrollment agreement, makes a payment to attend the school, or attends a class.
The entry shall be made on the date the first of these events occurs.
(29) Military service--Service as a member of
the armed forces of the United States, including service in the National Guard
(A) In the case of a career school or college
owned by an individual or married couple, that individual or married
(B) In the case of a career
school or college owned by a partnership, all full, silent, and limited
(C) In the case of a
limited liability company, all members and managers;
(D) In the case of professional associations,
the members and governing persons;
(E) In the case of a career school or college
owned by a corporation, the corporation, its directors, officers, and each
shareholder owning shares of issued and outstanding stock aggregating at least
10 percent of the total of the issued and outstanding shares;
(F) In the case of a career school or college
in which the ownership interest is held in trust, the beneficiary of that
(G) In the case of a career
school or college owned by another legal entity, a person who owns at least 10
percent ownership interest in the entity; or
(H) In all instances, for any entity owned by
a parent or holding entity, whether in whole or part, the definition of an
owner shall extend to those entities and corresponding person.
(31) Owner designee--A person
designated in writing by an owner to act on behalf of the ownership, including
having signatory authority.
Party--The person or entity with the right to participate in a hearing
authorized in applicable statute or rule.
(33) Program or program of instruction--A
postsecondary sequence of organized instruction or study that may lead to an
academic, professional, or vocational degree, certificate, or other recognized
Refund--The completed payment of a refund such that the refund instrument has
been negotiated or credited into the proper account(s).
(35) Reimbursement contract basis--A school
operating, or proposing to operate, under a contract with a state or federal
entity in which the school receives payment upon completion of the
(36) Residence school--A
school that offers at least one program that includes classroom instruction or
synchronous distance education.
(37) Response deadline--Deadlines that fall
on a weekend, an official state holiday, a state holiday for which minimal
staffing is required, or a federal holiday are extended one working
or civil actions, including, but not limited to, penalties, revocation of
approvals, or cease and desist orders taken by the Agency against an entity in
response to violations of the Act or this chapter.
(39) School authorized official--Any
identified owner, director, or owner designee of a school.
(40) School, educational institution, or
training program--A "career school or career college," as defined in the Act,
that includes each location where courses of instruction shall be
education--Successful completion of public, private, or home schooling at the
high school level or obtainment of a recognized high school equivalency
credential, recognized by an institution of higher education or a private or
independent institution of higher education, as defined by Texas Education
(42) Seminar or workshop--A type of program
that enhances a student's career, as opposed to a program that teaches the
skills and fundamental knowledge required for a stated occupation. A seminar
may include a workshop, an introduction to an occupation or cluster of
occupations, a short course that teaches part of the skills and knowledge for a
particular occupation, language training, continuing professional education,
and review for postsecondary examination.
(43) Seminar school--A school that offers
(44) Small school--A
"small career school or college" as defined in the Act.
Stated occupation--An occupation for
which a program is offered that:
recognized by a state or federal law or by a state or federal agency as
existing or emerging;
(B) is in
(C) requires training
to achieve entry-level proficiencies.
(46) Student--Any individual solicited,
enrolled, or trained in Texas by a school.
(47) Subject--An identifiable unit of
instruction or study that imparts specific knowledge or skills, which is a
subpart of a program or seminar.
(48) Suspension of enrollments--A sanction
that requires the school to suspend enrollments, re-enrollments, advertising,
and solicitation, and to cease, in any way, advising prospective students,
either directly or indirectly, of the available courses of
distance education--The Agency may determine distance education to be
synchronous under the following conditions:
(A) the training is conducted simultaneously
in real time, or the training is conducted so that the manner of delivery
ensures that even if the instructor and student are separated by time, the
course time of instruction that the student experiences can be determined;
(B) there is consistent
interaction between the student(s) and the instructor on a schedule that
includes a definite time for completion of the program and periodic verifiable
student completion/performance measures that allow the application of the
progress standards of Subchapter L of this chapter and attendance standards of
Subchapter M of this chapter.
Title IV school--A career school or
college that participates in student financial aid programs under Title IV,
Higher Education Act of 1965 (20 United
States Code Section 1070
(51) Tour--A required, in-person inspection
of the facilities and equipment pertaining to a course of
consecutive calendar days.