(a) Regional Councils shall advise the Commissioner on appropriate policies and procedures for effective state-level administration of off-campus lower-division instruction.
(b) With the exception of subsection (e), (i), and (j) of this section, Regional Councils in each of the ten Uniform State Service Regions shall make recommendations to the Commissioner and shall resolve disputes regarding plans for lower-division courses and programs proposed by public institutions.
(c) With the exception of subsection (e), (i), and (j) of this section, for any dispute arising from off-campus delivery of lower-division courses to groups, any institution party to the disagreement may appeal first to the Regional Council, and then to the Commissioner and then the Board.
(d) Each Regional Council shall make recommendations to the Commissioner regarding off-campus courses and programs proposed for delivery within its Uniform State Service Region in accordance with the consensus views of Council members, except for courses and programs proposed to be offered by public community colleges in their designated service areas and courses and programs governed by the provisions of subsection (e), (i), and (j) of this section.
(e) A public community college may enter into an agreement to offer dual credit courses with a high school located in the service area of another public community college without additional regional council approval.
(f) Public community colleges shall submit for the appropriate Regional Council's review all off-campus lower-division courses proposed for delivery to sites outside their service areas.
(g) With the exception of subsection (h) and (i) of this section, universities, health-related institutions, public technical colleges, and Lamar state colleges shall submit for Regional Council review all off-campus lower-division courses proposed for delivery to sites in the Council's Service Region.
(h) Universities, health-related institutions, public community and technical colleges, and Lamar state colleges may offer clinical courses at clinical facilities without Regional Council approval if each of the following criteria is met:
  (1) the student(s) enrolled in the clinical course is already employed by the clinical facility;
  (2) the institution receives written verification from the clinical facility that there will be no reduction in the number of clinical opportunities available for use by area institutions; and
  (3) the institution of higher education shall notify the appropriate Regional Council(s) of the clinical course and provide the Regional Council(s) with written verification from the clinical facility that the course will not reduce the number of clinical opportunities available for use by area institutions.
(i) An institution of higher education may offer a credit or noncredit workforce education course or lower-division program without the approval of a higher education regional council in accordance with Education Code §51.981.
(j) Universities, health-related institutions, public technical colleges, and Lamar state colleges may enter into an agreement to offer lower-division dual credit courses with a school district and/or high school without additional regional council approval.
(k) All institutions of higher education shall provide notice to the Higher Education Regional Councils when planning to offer requested off-campus and/or electronic to groups dual credit courses in the Council's service area.

Source Note: The provisions of this §4.278 adopted to be effective February 23, 2010, 35 TexReg 1452; amended to be effective February 23, 2011, 36 TexReg 917; amended to be effective November 26, 2014, 39 TexReg 9203; amended to be effective June 6, 2016, 41 TexReg 3997; amended to be effective February 17, 2022, 47 TexReg 649