(a) A school that has been licensed for at least one year and is accredited by an agency recognized by the United States Secretary of Education is not required to submit instructor applications to the Agency for approval. Documentation that the instructor meets the requirements of this chapter must be kept on file at the school and available for review immediately upon request.
(b) The school shall file an application for approval of an instructor on forms provided by the Agency in accordance with the following criteria and ensure that the instructor is of good reputation.
  (1) The application shall be postmarked within five calendar days of employment as an instructor subject to the conditions outlined in this subchapter. A school may employ an instructor pending approval by the Agency.
  (2) Depending upon the qualifications indicated on the application, the application shall include one or more of the following:
    (A) a legible copy of the postsecondary certificate or degree, or a transcript indicating appropriate coursework completed, as applicable;
    (B) proof of a current occupational license; and
    (C) proof of secondary education.
(c) A school with degree programs shall ensure that instructors are of good reputation and meet all the qualifications required by the Coordinating Board.
(d) The Agency may approve a variance from the specific qualifications contained in §807.81 of this subchapter with sufficient justification and an assurance that the program quality will not be lessened.
(e) The Agency may consider current approvals of instructors by other Texas state agencies responsible for approval and regulation of the program, or any professional certifications held by the instructor when submitted with the Agency's instructor application. The Agency will accept notification, in lieu of a new instructor application, for any instructor that has a current approval by the Agency to teach the same classes at other schools that have the same owners.
(f) The Agency may require the school director of an accredited school to file applications for instructors if there have been two substantiated complaints regarding instructors in the previous year, or if the school is unable to produce, when requested, documentation that all instructors meet the requirements of this subchapter.
(g) The Agency may require a school director to submit and receive approvals for instructor applications in advance of employing the instructors for a period of one year if the school has had three instructor applications finally disapproved within the previous two years.

Source Note: The provisions of this §807.83 adopted to be effective August 16, 1998, 23 TexReg 8479; amended to be effective February 24, 2003, 28 TexReg 1651; amended to be effective August 28, 2006, 31 TexReg 6803; amended to be effective November 28, 2022, 47 TexReg 7914