(a) If you participate in the education assistance program, you must attend a public institution in the state of Texas, unless you provide documentation to the commissioner or the commissioner's designee that:
  (1) no accredited public institution offers program courses that you can reasonably attend within a normal combination work and school day;
  (2) the public institution does not offer the approved courses or degree program;
  (3) the admission requirements of the public institution are so restrictive that you fail to qualify for the program; or
  (4) the completion of the degree or course at a private institution costs less than a public institution.
(b) If the commissioner or the commissioner's designee approves your request to attend a private institution, your education assistance agreement will state that we will only pay the equivalent of what the education costs at a public institution.

Source Note: The provisions of this §77.36 adopted to be effective April 14, 2003, 28 TexReg 3067