Texas Statutes
Subchapter C. Authorized Operation of Proprietary Schools
Section 132.055. Criteria

Sec. 132.055. CRITERIA. (a) The commission may approve the application of a career school or college when the school or college is found, upon investigation at the premises of the school or college, to have met the criteria specified by Subsection (b).
(b)(1) The programs, curriculum, and instruction are of such quality, content, and length as may reasonably and adequately achieve the stated objective for which the programs, curriculum, or instruction is offered. Before a career school or college conducts a program of instruction in court reporting, the school or college must produce evidence that the school or college has obtained approval for the curriculum from the Judicial Branch Certification Commission.
(2) There is in the school or college adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.
(3) Educational and experience qualifications of directors, administrators, and instructors are adequate.
(4) The school or college maintains a written record of the previous education and training of the applicant student that clearly indicates that appropriate credit has been given by the school or college for previous education and training, with the new training period shortened where warranted through use of appropriate skills or achievement tests and the student so notified.
(5) The school or college provides a copy of each of the following to each student before enrollment: the applicable program outline; the schedule of tuition, fees, and other charges and of refunds; regulations pertaining to grading, including incomplete grades; rules of operation and conduct; the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the agency; and the current rates of job placement and employment of students issued a certificate of completion.
(6) Except as provided by Section 132.062, on completion of training, the student is given a certificate by the school or college indicating the program and that training was satisfactorily completed.
(7) Adequate records as prescribed by the commission are kept to show progress or grades, and satisfactory standards relating to progress and conduct are enforced.
(8) The school or college complies with all local, city, county, municipal, state, and federal rules and regulations, such as fire, building, and sanitation codes. The commission may require such evidence of compliance as is deemed necessary.
(9) The school or college is financially sound and capable of fulfilling its commitments for training.
(10) The school's or college's administrators, directors, owners, and instructors are of good reputation and character.
(11) The school or college has, maintains, and publishes in its catalogue and enrollment contract the proper policy for the refund of the unused portion of tuition, fees, and other charges in the event the student enrolled by the school or college in a program of instruction fails to take the program or withdraws or is discontinued from the program at any time prior to completion.
(12) The school or college does not utilize erroneous or misleading advertising, either by actual statement, omission, or intimation as determined by the commission.
(13) The school or college meets additional criteria as may be required by the commission.
(14) The school or college does not use a name like or similar to an existing school or college unless the commission approves the school's or college's use of the name.
(15) The school or college furnishes to the commission the current rates of students who receive a certificate of completion and of job placement and employment of students issued a certificate of completion.
(16) The school or college furnishes to the commission for approval or disapproval student admission requirements for each program offered by the school or college.
(17) The school or college furnishes to the commission for approval or disapproval the course times and curriculum content for each program offered by the school or college.
(18) The school or college does not owe a penalty under Section 132.152, 132.155, or 132.157.
(19) The school or college maintains a policy regarding students called to active military service that meets the requirements prescribed by Section 132.0611.
(c) In determining whether to approve a career school or college that offers a program of study or course listed on the commission's Internet website under Section 132.026(b), in addition to the criteria prescribed by Subsection (b) of this section, the commission shall require that the career school or college 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.
Added by Acts 1971, 62nd Leg., p. 2010, ch. 620, Sec. 1, eff. June 4, 1971. Amended by Acts 1983, 68th Leg., p. 1972, ch. 359, Sec. 1, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 813, Sec. 4.07, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 563, Sec. 1, eff. Sept. 1, 1993. Redesignated from Education Code Sec. 32.33 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.40, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 364, Sec. 1.05, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 817, Sec. 8.05, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 496 (S.B. 309), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.03, eff. September 1, 2014.
Acts 2021, 87th Leg., R.S., Ch. 133 (H.B. 33), Sec. 3, eff. September 1, 2021.