(a) Each program of instruction submitted for approval shall be identified by a title.
(b) The Agency will not approve false, misleading, or deceptive titles.
(c) The school shall ensure that each program prepares the student for the stated occupation.
(d) The school shall identify a demonstrable occupational demand for the stated occupation. The Agency may consider the following in evaluating the school's statement of occupational demand:
  (1) publications of established relevant occupational associations;
  (2) targeted occupation lists of Local Workforce Development Boards, if approved by the Agency, or other local or state entities;
  (3) references to advertisements in media for employment;
  (4) occupation employment rate of students;
  (5) percentage of graduating students who have previously completed the same or a substantially similar program and who have obtained employment in the same or substantially similar stated occupation for which they have been trained;
  (6) relative supply and demand for the stated occupation, including letters from potential employers that describe their need for trained employees; or
  (7) reports or publications relating to the specific occupational demand.
(e) The school shall:
  (1) ensure the program and stated occupation comply with statutory and regulatory requirements of the State of Texas, as well as codes adopted by the local municipality or other authority having jurisdiction where the school is located, and statutory and regulatory requirements of the location of the school, if it is located out of state;
  (2) provide competency-based programs;
  (3) assess skills using primarily performance-based methods;
  (4) use instructional media, methods, and materials appropriate for the program content and students' knowledge and abilities;
  (5) offer programs in a logical sequence of knowledge and skills;
  (6) if deemed appropriate by the Agency, provide an externship or a simulation of the workplace for the program; and
  (7) for any course listed in the military service course credit directory, provide credit to a student toward any course time required for the program of study or course for skills obtained by the student through military experience, education, or training, unless the school or college can demonstrate that those skills are not appropriately aligned with the program of study or course. This requirement prevails regardless of a course requiring Agency approval or having obtained accreditor approval.
(f) Each program submitted for approval shall identify the courses and course time hours allocated to that program. A program of a disproportionate length reasonable to prepare the student for the stated occupation, as determined by the Agency, shall not be approved.
(g) A school shall not apply for approval of a program that is substantially similar to a discontinued or revoked program, unless the application for approval is submitted at least one year after the date of discontinuation or revocation, and:
  (1) the school's approved programs are all meeting the employment rate as referenced in §807.131(b) of this subchapter, at the time of application; and
  (2) the school submits a reimplementation plan to the Agency.
(h) A school is not required to submit applications for additional courses of instruction or for course revisions to the Agency for approval, if the school:
  (1) has been licensed for at least one year under the current ownership;
  (2) is accredited by an agency recognized by the United States Secretary of Education; and
  (3) is in good standing with its designated accrediting agency and not subject to:
    (A) probation;
    (B) a directive to show cause as to why accreditation should not be revoked; or
    (C) any other action, as defined by the accrediting agency, that would otherwise prevent the school from seeking approval to add or revise a course of instruction.
(i) Upon receipt of the approval of the course of instruction from the accrediting agency, the school shall provide a copy to the Agency.
(j) The Agency may require the school director of an accredited school to file applications for nondegree programs if there have been two substantiated complaints regarding courses in the previous year.
(k) A school submitting applications for approval of seminars shall use abbreviated forms provided by the Agency.
(l) No program shall be approved by the Agency unless the school demonstrates that the program's quality, content, and length reasonably and adequately imparts the job skills and knowledge necessary for the student to obtain employment in the stated occupation.
(m) A school may not solicit students, otherwise advertise, or conduct classes for a course of instruction prior to the Agency's approval of the course of instruction. Any such activity by the school, prior to the Agency's approval of the course of instruction, shall constitute a misrepresentation by the school and shall entitle each student in the course of instruction to a full refund of all tuition and fees paid by the student and release from all obligations.
(n) The school shall establish and maintain a formal advisory committee of at least five members, unless the Agency approves a lesser number of persons in advance, for each type of program with course time in excess of 200 hours in length. A simple majority of the members of the advisory committee shall not have an ownership or financial interest in the school, nor shall they be employees of the school. At least annually, the committee shall evaluate the curriculum, instructional materials and media, equipment, and facilities to ensure they meet the needs of the job market. The school shall have written documentation of the evaluation available for review by the Agency. If the school does not follow an advisory committee recommendation, the school shall maintain written documentation of the justification for not following the recommendation.
(o) If the applicant requests approval to measure courses of instruction in credit hours, the following conversion table shall be used.
  (1) One academic quarter credit hour equals a minimum course time of:
    (A) 10 hours of classroom lecture;
    (B) 20 hours of laboratory experience; or
    (C) 30 hours of externship.
  (2) One academic semester credit hour equals a minimum course time of:
    (A) 15 hours of classroom lecture;
    (B) 30 hours of laboratory experience; or
    (C) 45 hours of externship.
  (3) The school shall calculate lecture, laboratory, and externship credit hour conversions individually for each course, rounding down to the nearest half credit hour. The school shall add the total for the credit hours for lecture, laboratory, and externship to determine the total credit hours for a class.

Source Note: The provisions of this §807.122 adopted to be effective August 28, 2006, 31 TexReg 6803; amended to be effective December 20, 2010, 35 TexReg 11392; amended to be effective November 14, 2016, 41 TexReg 9020; amended to be effective November 28, 2022, 47 TexReg 7914