SECTION 2.4. Types of Approval Required

The Board requires each institution to obtain one of the following types of approval for a certificate or degree program. No approval is required for new tracks of study in an existing degree program and tracks of study are not listed as separate degree programs in the Program Inventory.

(1) Notification Only--this approval is obtained when the institution of higher education successfully submits and receives confirmation of its submission to Board Staff.

(2) Assistant Commissioner Approval-a proposed program subject to Assistant Commissioner Approval may be approved by the Assistant Commissioner if the program is administratively complete as described in §2.6 of this subchapter and meets all the requirements established by rule as determined by the Assistant Commissioner.

(A) If the Assistant Commissioner recommends denial of a program or does not take action to approve the program within six months of Board Staff's determination that the program proposal is administratively complete, then the program approval will be subject to the process for Commissioner Approval.

(B) There are two types of Assistant Commissioner Approval depending on the type of action the institution requests.

(i) Regular Review--A proposed program subject to Assistant Commissioner Approval shall receive regular review unless the institution's request is eligible for Expedited Review.

(ii) Expedited Review--an institution submits for review and approval the information required by rule and obtains approval from Board Staff once staff confirms that the institution's request is administratively complete, and the Assistant Commissioner confirms that the institution's request qualifies for Expedited Review. This type of review is authorized only where expressly indicated in rules under this chapter.

(3) Commissioner Approval--The Assistant Commissioner designated to approve academic programs under this chapter will forward a program subject to Commissioner Approval to the Commissioner for review and approval. A proposed program subject to Commissioner Approval may be approved by the Commissioner if the program is administratively complete as described in §2.6 of this subchapter and meets all the requirements established by rule as determined by the Commissioner. This type of approval will include a Board Staff recommendation about whether the program meets all the requirements established by rule.

(A) If the Commissioner does not approve or deny the proposal within nine months of Board Staff's determination that the proposal is administratively complete, the proposal will move to Board Approval.

(B) At the Commissioner's sole discretion, the Commissioner may elect to require Board Approval of the proposed program. Board approval must occur not later than one year after the institution's application was administratively complete.

(4) Board Approval--A program that is subject to Board Approval as indicated in rules under this chapter will be considered at a Board meeting not later than the first anniversary of Board Staff's determination that the application for the proposed program is administratively complete. This type of approval will include a recommendation from the Commissioner about whether the program satisfies the requirements of statute and rule for approval.

(A) Board Staff shall review the required criteria for each proposed program and provide a recommendation to the Commissioner. Board Staff's recommendation shall include a summary and analysis of whether the proposed program meets each of the required criteria for approval.

(B) The Commissioner shall review Board Staff's recommendation and make a determination about whether to recommend approval of the proposed program to the Board.

(i) Board Staff shall notify the institution of the Commissioner's decision about whether to recommend the program.

(ii) If the Commissioner recommends denial of the program, Board Staff shall notify the institution and provide ten business days in which the institution may request in writing final consideration from the Board.

(iii) If the institution requests final consideration from the Board, Board Staff shall place the proposed program on the Board agenda for consideration at the next Board meeting not later than one year later than the program is determined administratively complete.

(iv) If Board Staff does not receive a request for Board consideration within ten business days from the date the institution was notified of the Commissioner's recommendation for denial of the program, the application shall be considered withdrawn.

(C) The Board shall consider the proposal at a Board meeting not later than the first anniversary of Board Staff's determination that the application for the proposed program is administratively complete. The Board's decision to approve or deny the proposed program is final and may not be appealed. If the Board denies approval, an institution may resubmit a request for approval of the proposed program not sooner than one year from the date of the Board's decision. If the Board fails to approve or deny the program by the first anniversary after Board Staff deems the proposal administratively complete, the program is considered approved by operation of law.

Source Note: The provisions of this §2.4 adopted to be effective November 28, 2022, 47 TexReg 7875