SECTION 2.149. Non-Compliance with Approval Conditions

(a) If a new doctoral or professional degree program fails to satisfy all conditions of approval by the end of the first five years following program implementation, Board Staff shall notify the institution in writing of its deficiencies. Within sixty days of receipt of notification, the program shall:

(1) provide to Board Staff a written report containing the institution's findings as to why all conditions of approval were not met;

(2) submit a written plan describing how the program will fulfill all unsatisfied conditions of approval within one year; and

(3) at the end of the one-year period provide a report to Board Staff on whether all unsatisfied conditions of approval have been fulfilled.

(b) If the institution fails to respond or fails to remedy the deficiencies or non-compliance in accordance with subsection (a) of this section, Board Staff may recommend that the Board issue a show cause letter to the institution in accordance with subsection (c) of this section.

(c) If the Board approves the issuance of a show cause letter to a new doctoral degree or professional program that fails to satisfy all remaining conditions of approval during the one-year period referenced in subsection (a)(2) of this section, the institution shall be required to show cause why the Board shall not revoke the program approval and require teach-out and closure of the program.

(d) Program Closure and Teach-Out. If it is determined that a new doctoral degree program fails to satisfy all contingencies and conditions of approval, after responding to the show cause notice in subsection (b) of this section, Board Staff may notify the institution in writing with a recommendation to eliminate the program.

(e) If the institution chooses not to follow the recommendation, Board Staff may send the recommendation to the governing board of the institution. If the governing board does not accept the recommendation to eliminate the program, then the university system or, where a system does not exist, the institution must identify the programs recommended for closure by the Board on the next legislative appropriations request submitted by the system or institution.

Source Note: The provisions of this §2.149 adopted to be effective November 28, 2022, 47 TexReg 7895