(a) To be eligible for a school license, an applicant must:
  (1) obtain the current law and rules book;
  (2) comply with the requirements of the Act and this chapter;
  (3) submit a completed application in the manner prescribed by the department;
  (4) pay any applicable fees required under §83.40 and §83.80;
  (5) meet the health and safety standards of this chapter; and
  (6) for a private school, provide a current financial statement prepared by a certified public accountant in the format prescribed by the department. If the financial statement is more than 180 days old, an applicant must also provide a supplemental financial statement within 180 days of the application. The applicant must demonstrate that it has the financial resources to ensure continuity of operation of the school, provide a quality educational program, and fulfill its obligations to students for at least 12 months, without relying on student tuition.
(b) A school must be inspected and approved by the department prior to the operation of the school.
(c) Private schools must have and maintain:
  (1) a building of permanent construction that must include two separate areas, one area for instruction in theory and one area for clinic work, and that must also include access to permanent restrooms and adequate drinking water;
  (2) adequate space, equipment, and instructional materials to provide quality classroom training to the number of students enrolled;
  (3) proof of ownership of building or proof of a lease for the first 12 months of operation; and
  (4) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.
(d) Public schools must have and maintain:
  (1) adequate space to provide quality classroom training for the number of students enrolled including classroom and laboratory space;
  (2) adequate equipment and instructional materials required by the department; and
  (3) a copy of the certificate of approval for the curriculum standards approved by the department for each course offered.
(e) A school must comply with all health and safety standards established by this chapter.

Source Note: The provisions of this §83.23 adopted to be effective December 8, 2005, 30 TexReg 8082; amended to be effective March 1, 2006, 31 TexReg 1280; amended to be effective August 1, 2006, 31 TexReg 5952; amended to be effective October 11, 2007, 32 TexReg 7050; amended to be effective February 17, 2012, 37 TexReg 681; amended to be effective January 15, 2018, 43 TexReg 81; amended to be effective March 15, 2020, 45 TexReg 1693; amended to be effective January 1, 2023, 47 TxReg 8640