An institution of higher education, including a college district, may offer off-campus courses for credit within the state or distance learning courses only with specific prior approval of the Coordinating Board. An institution must certify to the Coordinating Board that a course offered for credit outside the state meets the Coordinating Board's academic criteria. An institution shall include the certification in submitting any other reports required by the Coordinating Board. Education Code 61.0512(g)

Definitions

Credit Course

A “credit course” is a college-level course that, if successfully completed, can be applied toward the number of courses required for achieving an academic or workforce degree, diploma, certificate, or other formal award. 19 TAC 2.202(1)

Distance Education

“Distance education” is the formal education process that occurs when students and instructors are in separate physical locations for the majority (more than 50 percent) of instruction. 19 TAC 2.202(2)

Distance Education Course

A “distance education course” is a course in which a majority (more than 50 percent) of the instruction occurs when the student(s) and instructor(s) are in separate physical locations. The definition of distance education course does not include courses with 50 percent or less instruction when the student(s) and instructor(s) are in separate physical locations. Two categories of distance education courses are defined:

1. 100 Percent Online Course: A distance education course in which 100 percent of instructional activity takes place when the student(s) and instructor(s) are in separate physical locations. Requirements for on-campus or in-person orientation, testing, academic support services, internships/fieldwork, or other non-instructional activities do not exclude a course from this category.

2. Hybrid Course: A distance education course in which more than 50 percent but less than 100 percent of the instructional activity takes place when the students and instructor(s) are in separate physical locations.

19 TAC 2.202(3)

Distance Education Degree or Certificate Program

A “distance education degree or certificate program” is a program in which a student may complete a majority (more than 50 percent) of the credit hours required for the program through distance education courses. The definition of a Distance Education Degree or Certificate Program does not include programs in which 50 percent or less of the required credit hours are offered through distance education. Two categories of distance education programs are defined:

1. 100 Percent Online Program: A degree program in which students complete 100 percent of the credit hours required for the program through 100 Percent Online Courses. Requirements for on-campus or in-person orientation, testing, academic support services, internships/fieldwork, or other non-instructional activities do not exclude a program from this category.

2. Hybrid Program: A degree program in which students complete more than 50 percent but less than 100 percent of the credit hours required for the program through Distance Education Courses.

19 TAC 2.202(4)

Institutional Accreditor

An “institutional accreditor” is a federally recognized institutional accreditor approved by the U.S. Department of Education under 20 U.S.C. 1099b. 19 TAC 2.202(5)

Institutional Plan for Distance Education

An “institutional plan for distance education” (Plan or IPDE) is a plan that an institution must submit for Coordinating Board approval prior to offering a distance education program for the first time. Each institution shall periodically update its plan on a schedule as specified in 19 Administrative Code 2.205. 19 TAC 2.202(6)

Principles of Good Practice for Distance Education

The “Principles of Good Practice for Distance Education” are standards and criteria for distance education delivered by Texas public institutions. This document is reviewed and adopted by the Coordinating Board every three years in accordance with 19 Administrative Code 2.204. This document is also known as "Principles of Good Practice for Academic Degree and Certificate Programs and Credit Courses Offered at a Distance." 19 TAC 2.202(7)

Applicability of

Subchapter J

The provisions of 19 Administrative Code Chapter 2, Subchapter J, applies to an institution that seeks to offer one or more credit courses via distance education.

Subchapter J does not apply to an institution that seeks to offer non-credit courses, including non-credit continuing education, via distance education. An institution offering only non-credit course(s) via distance education is not required to obtain approval under Subchapter J regardless whether the course is otherwise eligible for funding.

Subchapter J applies only to determination of whether an institution is authorized to offer course(s) via distance education and does not govern the course eligibility for funding. The Coordinating Board shall determine whether a course is eligible for funding based on the applicable statutes and rules in the Administrative Code.

The effective date of Subchapter J is December 1, 2023. Each institution must submit an Institutional Plan for Distance Education (IPDE) in accordance with Subchapter J on or after that date by the due dates set out in 19 Administrative Code 2.205(d)(1). IPDEs currently on file as of December 1, 2023, will remain filed in good

standing until the first due date under 19 Administrative Code 2.205(d)(1)(B)(i).

19 TAC 2.203, .207

Standards and

Criteria

Generally

The following provisions apply to all institutions covered by 19 Administrative Code Chapter 2, Subchapter J, unless otherwise specified:

1. The Coordinating Board will adopt standards and criteria for Distance Education in the Principles of Good Practice for Distance Education. An institution's Institutional Plan for Distance Education (Plan or IPDE) shall conform to the Principles of Good Practice for Distance Education in effect at the time the institution submits the Plan, as described in 19 Administrative Code 2.205.

a. The Principles of Good Practice for Education will contain a list of criteria necessary for the institution to demonstrate provision of high-quality distance education. These criteria may include provisions relating to:

(1) Institutional Context and Commitment;

(2) Curriculum and Instruction;

(3) Faculty;

(4) Evaluation and Assessment;

(5) Facilities and Finances; and

(6) Adherence to Federal Requirements.

b. Coordinating Board staff will present the Principles of Good Practice for Distance Education to the Coordinating Board for adoption no less than every three years. In revising the Principles of Good Practice, Coordinating Board staff may consider input from the Learning Technology Advisory Committee and best practice standards developed by external bodies, including institutional accreditors.

2. Institutions offering or seeking to offer distance education programs shall comply with:

a. Principles and policies of their institutional accreditor.

b. Procedures governing the approval of distance education programs.

c. Standards outlined in Principles of Good Practice for Distance Education.

Data reporting associated with distance education offerings as required by the commissioner.

19 TAC 4.204

Out-of-State

If an institution offers postsecondary education through distance education or correspondence courses to students located in a state in which the institution is not physically located or in which the institution is otherwise subject to that state’s jurisdiction as determined by that state, the institution must meet any of that state’s requirements for it to be legally offering postsecondary distance education or correspondence courses in that state. The institution must, upon request, document the state’s approval to the U.S. Secretary of Education. 34 C.F.R. 600.9(c)(1)(i)

Exception

If an institution offers postsecondary education through distance education or correspondence courses in a state that participates in a state authorization reciprocity agreement, and the institution is covered by such agreement, the institution is considered to meet state requirements for it to be legally offering postsecondary distance education or correspondence courses in that state, subject to any limitations in that agreement and to any additional requirements of that state not relating to state authorization of distance education. The institution must, upon request, document its coverage under such an agreement to the U.S. Secretary of Education.

34 C.F.R. 600.9(c)(1)(i)(ii)

Location

For purposes of 34 C.F.R. 600.9, an institution must make a determination, in accordance with the institution's policies or procedures, regarding the state in which a student is located, which must be applied consistently to all students. The institution must, upon request, provide the U.S. Secretary of Education with written documentation of its determination of a student's location, including the basis for such determination. An institution must make a determination regarding the state in which a student is located at the time of the student's initial enrollment in an educational program and, if applicable, upon formal receipt of information from the student, in accordance with the institution's procedures, that the student's location has changed to another state. 34 C.F.R. 600.9(c)(2)

Definitions

Distance Education

For purposes of the federal distance education provisions, “distance education” is education that uses one or more of the technologies listed below at items 1 through 4 to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor, either synchronously or asynchronously. The technologies that may be used to offer distance education include:

1. The internet;

2. One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices;

3. Audio conferencing; or

4. Other media used in a course in conjunction with any of the technologies listed at 1 through 3, above.

An instructor is an individual responsible for delivering course content and who meets the qualifications for instruction established by an institution's accrediting agency.

An institution ensures regular interaction between a student and an instructor or instructors by, prior to the student's completion of a course or competency:

1. Providing the opportunity for substantive interactions with the student on a predictable and scheduled basis commensurate with the length of time and the amount of content in the course or competency; and

2. Monitoring the student's academic engagement, as defined by 34 C.F.R. 600.2, and success and ensuring that an instructor is responsible for promptly and proactively engaging in substantive interaction with the student when needed on the basis of such monitoring, or upon request by the student.

Substantive interaction is engaging students in teaching, learning, and assessment, consistent with the content under discussion, and also includes at least two of the following:

1. Providing direct instruction;

2. Assessing or providing feedback on a student's coursework;

3. Providing information or responding to questions about the content of a course or competency;

4. Facilitating a group discussion regarding the content of a course or competency; or

5. Other instructional activities approved by the institution's or program's accrediting agency.

34 C.F.R. 600.2

Correspondence Course

A “correspondence course” is a course provided by an institution under which the institution provides instructional materials, by mail or electronic transmission, including examinations on the materials, to students who are separated from the instructors. Interaction between instructors and students is limited, is not regular and substantive, and is primarily initiated by the students. A correspondence course is not distance education.

If a course is part correspondence and part residential training, the U.S. Secretary of Education considers the course to be a correspondence course.

34 C.F.R. 600.2

State Authorization Reciprocity Agreement

State Authorization Reciprocity Agreement (SARA) is an agreement among its member states, districts, and U.S. territories that establishes comparable national standards for interstate offering of postsecondary distance education courses and programs. 19 TAC 4.312(11)

Eligible Institutions

Any public degree granting institution of higher education, including a college district, may apply to participate in SARA if its principle campus is located in Texas. All distance education content provided by SARA participants must originate in the United States or a U.S. territory. The institution must be accredited by an accrediting body recognized by the U.S. Department of Education. 19 TAC 4.313

Application

All eligible institutions may apply to the Coordinating Board for admission to SARA under the signature of the institution’s chief academic officer. Within the application, an institution shall make assurances that it:

1. Agrees to abide by the Council of Regional Accrediting Commissions (C-RAC) Guidelines for the Evaluation of Distance Education.

2. Agrees to be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA.

3. Agrees to notify the Coordinating Board of any negative changes to its accreditation status.

4. Agrees to provide data requested by the Coordinating Board.

5. Agrees to cooperate with the Coordinating Board in the investigation of any complaints arising from the students it serves in other states through SARA and to abide by investigating authority's resolution of any such complaint.

6. All complaints must follow the institution's customary resolution procedure prior to being referred to the Coordinating Board. Grade appeals and student conduct appeals will be resolved at the institutional level without further appeal through SARA.

7. Agrees to notify all students in a course or program that customarily leads to professional licensure, or which a student could reasonably believe leads to such licensure, whether or not the course or program meets requirements for licensure in the state where the student resides. If an institution does not know whether the course or program meets licensure requirements in the student's state of residence, the institution may meet this SARA requirement by informing the student in writing and providing the student the contact information for the appropriate state licensing board(s). An email dedicated solely to this purpose and sent to the student's best known email address meets this requirement.

8. Agrees, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education the student did not receive.

9. Agrees to pay an annual fee to the National Council for State Authorization Reciprocity Agreements (NC-SARA). This fee replaces any state fees that the institution would normally pay to other SARA member states. If an institution offers distance education to students in non-SARA participating states, it must pay required state fees.

19 TAC 4.312(4), (10), .314

Maintaining Eligibility

To remain eligible for participation in SARA, an institution must renew its participation agreement with the Coordinating Board and pay its required SARA fees annually. At the time of renewal, Coordinating Board staff will determine whether the institution still meets SARA requirements. An institution may be removed at any time by the Coordinating Board for violation of SARA standards. 19 TAC 4.315

Complaints

Institutions operating under SARA shall make their resolution policies and procedures readily available to students taking courses under SARA provisions.

Complaints against an institution operating under SARA must first go through the institution's own procedures for resolution grievances. If a person bringing a complaint is not satisfied with the outcome of the institutional process for handling complaints, the complainant may appeal, within two years of the incident, to the Coordinating Board.

19 TAC 4.316

Institutional Plan

Each institution, including each college district, shall submit an Institutional Plan for Distance Education (IPDE) containing evidence of the institution's compliance with the mandatory Principles of Good Practice for Distance Education to the Coordinating Board prior to delivering any distance education programs for the first time. Coordinating Board staff will develop the IPDE form based on the standards and criteria contained in the Principles of Good Practice.

The Coordinating Board authorizes an institution to offer distance education courses under Education Code 61.0512(g) upon approving an institution's IPDE in good standing or if the institution is on provisional status pending final approval of the IPDE.

Institutional academic and administrative policies shall reflect a commitment to maintain the quality of distance education courses and programs in accordance with the provisions of this subchapter. An IPDE shall conform to the Principles of Good Practice for Distance Education in effect at the time the institution submits the plan.

19 TAC 2.205(a)-(c)

Coordinating Board Review and Approval

IPDE Due Dates

Initial Approval

Each institution of higher education shall assess its distance education in accordance with the Principles of Good Practice for Distance Education. Institutions must report results of that assessment in an IPDE to Coordinating Board staff prior to seeking approval to offer distance education programs or certificates. 19 TAC 2.205(d)(1)(A)

Renewal

Each public institution of higher education shall assess its distance education on an ongoing basis in accordance with the Principles of Good Practice for Distance Education. Institutions must report results of that assessment in an updated IPDE to Coordinating Board staff by the earlier of the following deadlines:

1. No later than one year after receiving final disposition of the institution's comprehensive renewal of accreditation report from their institutional accreditor as required by 34 C.F.R.602.19; or

2. No later than 10 years after the approval of their last IPDE to the Coordinating Board.

19 TAC 2.205(d)(1)(B)

Request for Extension

An institution may submit a request to the commissioner for an extension of this due date of no more than two years. The commissioner may approve this request only if the institution demonstrates good cause, e.g., the institutional accreditor has postponed the institution's renewal of accreditation cycle beyond the 10-year period.

19 TAC 2.205(d)(1)(C)

Initial Board Staff Review

Coordinating Board staff must review IPDEs for completeness and may request additional information from the institution upon determining the submitted IPDE is incomplete. Upon receipt of a completed IPDE, Coordinating Board staff must review the submission and make the following determination:

1. Institutions Accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC):

Coordinating Board staff must determine whether the institution's IPDE has met SACSCOC policy and procedure standards related to the delivery of distance education during the prior renewal of accreditation cycle. Coordinating Board staff must forward the IPDE for Learning Technology Advisory Committee (LTAC) review of the IPDE's adherence to the Principles of Good Practice for Distance Education under 19 Administrative Code 2.205(d)(3).

2. Institutions Accredited by an Institutional Accreditor Other Than SACSCOC: Coordinating Board staff must forward the IPDE for LTAC review of the IPDE's adherence to the Principles of Good Standards for Distance Education under 19 Administrative Code 2.205(d)(3).

3. Resubmitted IPDEs: If the IPDE is a resubmission that was previously denied by the commissioner under 19 Administrative Code 2.205(d)(4)(B) or by the Coordinating Board under 19 Administrative Code 2.205(d)(4)(B)(ii)(II), Coordinating Board staff must forward the resubmitted IPDE to LTAC review of the IPDE's adherence to the Principles of Good Standards for Distance Education under 19 Administrative Code 2.205(d)(3).

19 TAC 2.205(d)(2)

LTAC Review

LTAC must review and issue a recommendation as to the adherence of an IPDE to the Principles of Good Practice for Distance Education for the Board. LTAC may conduct this review using the following process:

1. LTAC may assign each IPDE to a subcommittee chaired by LTAC members and comprised of other LTAC members

and/or distance education experts who volunteer to serve in this capacity.

2. The LTAC subcommittee assigned to review updated Institutional plans shall review those plans for alignment with the Principles of Good Practice (PGP). The LTAC subcommittee may ask questions and consult with the submitting institution to make this determination.

a. If the LTAC subcommittee reviews and finds an IPDE in alignment with the PGP, the subcommittee shall issue a recommendation to LTAC that the institution be approved to offer distance education.

b. If the LTAC subcommittee finds an institutional plan is not aligned with the PGP, the subcommittee will identify areas of misalignment, provide feedback for improvement, make suggestions for the content of a remediation letter, and submit these recommendations to LTAC.

3. LTAC may review and approve the recommendations of the LTAC subcommittee and submit these recommendations to Coordinating Board staff. Coordinating Board staff will submit these recommendations to the commissioner for commissioner review under 19 Administrative Code 2.205(d)(4).

19 TAC 2.205(d)(3)

Commissioner Review and Approval

The commissioner has discretion to approve or deny an IPDE. 19 TAC 2.205(d)(4)

Approval

If the commissioner approves the IPDE, the institution's IPDE will be filed in good standing with the Coordinating Board. The commissioner will send a notification to the institution of this decision.

19 TAC 2.205(d)(4)(A)

Denial

If the commissioner denies the IPDE, the commissioner will send an institution a remediation letter containing a notification of this decision. The remediation letter may contain the recommendations for improvement compiled by the LTAC subcommittee under item 2b, above. The institution may then take one of two actions:

1. Resubmission: The institution must resubmit the revised IPDE to Coordinating Board staff under 19 Administrative Code 2.205(d)(2) no earlier than one year after the date of the letter containing the commissioner's notification of denial. The institution will remain on provisional status until final approval of the IPDE.

2. Appeal: The institution may appeal the commissioner's decision to the Coordinating Board. The commissioner may issue a recommendation for approval or denial to the Coordinating Board. The Coordinating Board has final authority to appeal or deny the institution's IPDE.

If the Coordinating Board approves the IPDE, the institution's IPDE will be filed in good standing with the Coordinating Board.

If the Coordinating Board denies the institution's IPDE, the institution must resubmit the revised IPDE to Coordinating Board staff under 19 Administrative Code 2.205(d)(2) no earlier than one year after the Coordinating Board's decision. The institution will remain on provisional status until final approval of the IPDE.

19 TAC 2.205(d)(4)(B)

Notification

The following provisions apply to all institutions covered by 19 Administrative Code Chapter 2, Subchapter J, unless otherwise specified:

1. Coordinating Board staff must maintain an accurate inventory of distance education degree or certificate programs in the distance education program inventory.

2. To offer an existing certificate or degree through the distance education modality, an institution must notify Coordinating Board staff of intent to offer an approved degree or certificate program through the distance education modality. To submit this notification, the institution must certify that it has an institutional plan for distance education in good standing and compliance with 19 Administrative Code 2.204(b). Coordinating Board staff will update the institution's distance education program inventory.

3. To offer a new certificate or degree, an institution shall follow the program approval request rules laid out in the appropriate subchapter of 19 Administrative Code Chapter 2 and indicate its intent to deliver the new program through distance education on the program request form. To offer a new certificate or degree through distance education, the institution must certify that it has an institutional plan for distance education in good standing and compliance with 19 Administrative Code 2.204(b). Coordinating Board staff will update the institution's distance education program inventory upon the program's final approval.

4. If an institution intends to cease offering an approved program via distance education modality, the institution must notify Coordinating Board staff. If an institution intends to phase out an approved degree or certificate program completely, the institution must follow the process in 19 Administrative Code Chapter 2, Subchapter H. Coordinating Board staff will update the institution’s distance education program inventory.

All institutions shall notify the Coordinating Board of the intent to offer an approved program through distance education following the procedures in this section. Program revisions or modifications require notification only under 19 Administrative Code 2.4(1).

19 TAC 2.9(e), .205(b), .206

Funding

Formula Funding

The following provisions apply to distance education courses and programs offered with authorization under 19 Administrative Code Chapter 2, Subchapter J.

Institutions, including college districts, shall report distance education courses submitted for formula funding in accordance with the Coordinating Board’s uniform reporting system and the provisions of 19 Administrative Code Chapter 13, Subchapter O.

Institutions may submit for formula funding academic credit courses delivered by distance education to any student located in Texas or to Texas residents located out-of-state or out-of-country.

Institutions shall not submit for formula funding 100 percent online courses taken by non-resident students who are located out-of- state or out-of-country, courses in out-of-state or out-of-country programs taken by any student, or self-supporting courses.

If a non-Texas resident student enrolls in regular, on-campus courses for at least one-half of the normal full-time course load as determined by the institution, the institution may report that student's fully distance education or hybrid/blended courses for formula funding enrollments.

19 TAC 2.205(b), 13.453

Fees

For courses not submitted for formula funding, institutions shall charge fees that are equal or greater than Texas resident tuition and applicable fees and that are sufficient to cover the total cost of instruction and overhead, including administrative costs, benefits, computers and equipment, and other related costs.

Institutions shall report fees received for self-supporting and out-of- state/country courses in accordance with general institutional accounting practices.

19 TAC 13.453(4)

Note: For more information regarding distance education, including related approval processes, reporting deadlines,

and forms, visit the Coordinating Board’s Distance Education Resources1 website.

1 Coordinating Board, Distance Education Resources: https://www.highered.texas.gov/new-program-development/distance-education-resources/