(a) All equipment purchased by DBS for training remains the property of DBS.
(b) Academic training in institutions of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) is subject to the following:
  (1) Academic training in vocational schools and technical institutes must be provided only in schools that are certified by the State of Texas.
  (2) No vocational rehabilitation funds may be used to pay for academic training unless DBS and the consumer have made maximum efforts to secure grant assistance in whole or in part from other sources to pay for the training.
  (3) The consumer must contact the college or university and apply for any available financial aid.
  (4) The PELL grant, like any other comparable services and benefits, must be applied to the educational process before the expenditure of DBS funds for services under this section. Services must not be denied pending receipt of a PELL grant, but must be contingent upon the consumer's making application if eligible.
  (5) Academic training must be provided through public, tax-supported colleges and universities in Texas unless:
    (A) a specific curriculum related to the consumer's academic major is not available at a Texas public institution;
    (B) academic training elsewhere is determined to be more economical; or
    (C) academic training elsewhere provides specialized services needed by the consumer, such as services provided at Gallaudet University for students who are deaf.
  (6) If the consumer chooses to obtain academic training at a private university or outside Texas and the provisions in paragraph (5) of this subsection do not apply, academic support must be limited to that which the consumer would receive if he or she attended a state-supported college or university in Texas.
  (7) A consumer who is blind, does not meet the residency requirements of a particular institution, and is not eligible for tuition exemption under the Education Code, §54.364 may receive tuition assistance from DBS based on economic need of the consumer, but the payments must not exceed the tuition paid for a student who does meet the residency requirements.
  (8) Tuition and fee exemption is an exemption from payment of tuition and/or required fees normally charged by a state-supported college or university. Required fees include student services, building use, health center, lab fees, and property deposits not reimbursable to the student. Required fees do not include optional fees.
  (9) Any equipment purchased for the consumer during academic training must be needed by the consumer to help maintain academic success so the vocational goal can be met.
  (10) Academic training does not include continuing education required for maintaining certification in a field in which the consumer is already gainfully employed.
  (11) Once admitted to academic training:
    (A) the consumer must maintain and complete a full-time course load as defined by the college or university. This requirement may be waived if:
      (i) the consumer is a graduating senior;
      (ii) the consumer is an incoming freshman (first two semesters or quarters);
      (iii) the consumer is a returning adult (first academic year only);
      (iv) the consumer is in summer school; or
      (v) other extenuating circumstances prevent the consumer from participating in a full-time course load; and
    (B) the consumer is required to meet with the counselor at least once each semester, to submit add or drop slips as changes occur, and to provide grade slips or transcripts to the counselor at the end of each semester.

Source Note: The provisions of this §106.413 adopted to be effective December 10, 2012, 37 TexReg 9644