(a) Each institution shall submit an Institutional Plan for Distance Education ("IPDE") containing evidence of the institution's compliance with the mandatory Principles of Good Practice for Distance Education to the Coordinating Board prior to delivering any distance education programs for the first time. Board Staff will develop the IPDE form based on the standards and criteria contained in the Principles of Good Practice.
(b) The Coordinating Board authorizes an institution to offer distance education courses under Texas Education Code §61.0512(g) upon approving an institution's IPDE in good standing or if the institution is on provisional status pending final approval of their IPDE. An institution may receive formula funding for distance education courses under Chapter 13, Subchapter O, of this title. An institution shall notify the Coordinating Board of intent to offer new Distance Education Degree or Certificate Programs under §2.206 of this subchapter.
(c) Institutional academic and administrative policies shall reflect a commitment to maintain the quality of distance education courses and programs in accordance with the provisions of this subchapter. An IPDE shall conform to the Principles of Good Practice for Distance Education in effect at the time the institution submits the Plan.
(d) Process to Review and Approve IPDEs.
  (1) IPDE Due Dates.
    (A) Initial Approval. Each institution of higher education shall assess its distance education in accordance with the Principles of Good Practice for Distance Education. Institutions must report results of that assessment in an IPDE to Board Staff prior to seeking approval to offer distance education programs or certificates.
    (B) Renewal. Each public institution of higher education shall assess its distance education on an ongoing basis in accordance with the Principles of Good Practice for Distance Education. Institutions must report results of that assessment in an updated IPDE to Board Staff by the earlier of the following deadlines:
      (i) no later than one year after receiving final disposition of the institution's comprehensive renewal of accreditation report from their institutional accreditor as required by 34 CFR §602.19, or
      (ii) no later than ten years after the approval of their last IPDE to the Coordinating Board.
    (C) An institution may submit a request to the Commissioner for an extension of this due date of no more than two years. The Commissioner may approve this request only if the institution demonstrates good cause, e.g., the institutional accreditor has postponed the institution's renewal of accreditation cycle beyond the ten-year period.
  (2) Initial Board Staff Review. Board Staff must review IPDEs for completeness and may request additional information from the institution upon determining the submitted IPDE is incomplete. Upon receipt of a completed IPDE, Board Staff must review the submission and make the following determination:
    (A) Institutions Accredited by the Southern Association of Colleges and Schools Commission on Colleges ("SACSCOC"). Board Staff must determine whether the institution's IPDE has met SACSCOC policy and procedure standards related to the delivery of distance education during the prior renewal of accreditation cycle. Board Staff must forward the IPDE for Learning Technology Advisory Committee ("LTAC") review of the IPDE's adherence to the Principles of Good Practice for Distance Education under subsection (d)(3) of this section.
    (B) Institutions Accredited by an Institutional Accreditor Other Than SACSCOC. Board Staff must forward the IPDE for LTAC review of the IPDE's adherence to the Principles of Good Standards for Distance Education under subsection (d)(3) of this section.
    (C) Resubmitted IPDEs. If the IPDE is a resubmission that was previously denied by the Commissioner under subsection (d)(4)(B) of this section or by the Board under subsection (d)(4)(B)(ii)(II) of this section Board Staff must forward the resubmitted IPDE to LTAC review of the IPDE's adherence to the Principles of Good Standards for Distance Education under subsection (d)(3) of this section.
  (3) Learning Technology Advisory Committee Review. LTAC must review and issue a recommendation as to the adherence of an IPDE to the Principles of Good Practice for Distance Education for the Board. LTAC may conduct this review using the following process:
    (A) LTAC may assign each IPDE to a subcommittee chaired by LTAC members and comprised of other LTAC members and/or distance education experts who volunteer to serve in this capacity.
    (B) The LTAC subcommittee assigned to review updated Institutional Plans shall review those Plans for alignment with the Principles of Good Practice. The LTAC subcommittee may ask questions and consult with the submitting institution to make this determination.
      (i) If the LTAC subcommittee reviews and finds an IPDE in alignment with the PGP, the subcommittee shall issue a recommendation to LTAC that the institution be approved to offer distance education.
      (ii) If the LTAC subcommittee finds an Institutional Plan is not aligned with the PGP, the subcommittee will identify areas of misalignment, provide feedback for improvement, make suggestions for the content of a remediation letter, and submit these recommendations to LTAC.
    (C) LTAC may review and approve the recommendations of the LTAC subcommittee and submit these recommendations to Board Staff. Board Staff will submit these recommendations to the Commissioner for Commissioner Review under subsection (d)(4) of this section.
  (4) Commissioner Review and Approval. The Commissioner has discretion to approve or deny an IPDE.
    (A) Approval. If the Commissioner approves the IPDE, the institution's IPDE will be filed in good standing with the Coordinating Board. The Commissioner will send a notification to the institution of this decision.
    (B) Denial. If the Commissioner denies the IPDE, the Commissioner will send an institution a remediation letter containing a notification of this decision. The remediation letter may contain the recommendations for improvement compiled by the LTAC subcommittee under subsection (d)(3)(B)(ii) of this section. The institution may then take one of two actions:
      (i) Resubmission. The institution must resubmit the revised IPDE to Board Staff under subsection (d)(2) of this section no earlier than one year after the date of the letter containing Commissioner's notification of denial. The institution will remain on provisional status until final approval of the IPDE.
      (ii) Appeal. The institution may appeal the Commissioner's decision to the Board. The Commissioner may issue a recommendation for approval or denial to the Board. The Board has final authority to appeal or deny the institution's IPDE.
        (I) Approval. If the Board approves the IPDE, the institution's IPDE will be filed in good standing with the Coordinating Board.
        (II) Denial and Resubmission. If the Board denies the institution's IPDE, the institution must resubmit the revised IPDE to Board Staff under subsection (d)(2) of this section no earlier than one year after the Board's decision. The institution will remain on provisional status until final approval of the IPDE.

Source Note: The provisions of this §2.205 adopted to be effective May 18, 2023, 48 TexReg 2493