Texas: A Step By Step Guide To Obtain State Approval For A Private Post Secondary Institution

Licensing Agency

• Texas Higher Education Coordinating Board (THECB) – State agency responsible for authorizing private degree-granting postsecondary institutions in Texas.
  
  
• Texas Workforce Commission (TWC) – Career Schools & Colleges – State agency that licenses private vocational and career schools (non-degree postsecondary institutions offering technical or career training).

Agency Contact - Degree Granting Institutions

Texas Higher Education Coordinating Board – Private Postsecondary Institutions Division
Contact Person: Cathie Maeyaert, Director (Private Postsecondary Institutions)
Phone: 512-427-6527 – Mailing Address: P.O. Box 12788, Austin, TX 78711-2788

Agency Contact - Non Degree Granting Institutions

Texas Workforce Commission – Career Schools & Colleges Program
Contact Phone: 512-936-3100 (Toll-Free: 1-866-256-6333)
Email: career.schools@twc.texas.gov
Mailing Address: Career Schools and Colleges, 101 E. 15th Street, Room 226-T, Austin, TX 78778

Degree-Granting Institutions

Process

— Determine Certificate Requirement – Any private college or university offering degrees in Texas must be authorized by THECB before advertising or enrolling students. Determine which authorization applies: Certificate of Authorization (if the institution is already accredited by a THECB-recognized accreditor) or Certificate of Authority (if the institution is not yet accredited and is pursuing accreditation). If the institution might be exempt (for example, offering only religious degrees), review the Texas exemption criteria (see “State Exemptions” below).

— Prepare Application Materials – Gather all documentation required for the THECB application. This generally includes:

• Institutional profile & governance: official name, Texas address, statement of mission, plus corporate formation documents and information on ownership and governing board.
  
  
• Academic programs: description of each degree program (degree level, program name, curriculum outline) and supporting resources – submit a catalog of courses, faculty listings with qualifications, and a description of facilities/equipment (including online delivery platforms if applicable).
  
  
• Policies and procedures: copies of key student policies such as admission criteria, academic standards, grievance procedure, and tuition refund policy (often included in the catalog).
  
  
• Financial and surety evidence: recent financial statements and a surety instrument (surety bond, letter of credit, or escrow) meeting state requirements to safeguard student tuition.
  
  
• Accreditation and other approvals: proof of current accreditation (or a detailed plan and timeline for achieving accreditation if not yet accredited). If the school will also offer non-degree career programs, include evidence of TWC approval or exemption under Texas Education Code Chapter 132.
  
  

— Submit Application – Complete the official THECB application form for a Certificate of Authorization or Authority. Accredited institutions submit applications and supporting documents via THECB’s online portal (the Certificate of Authorization Institution Portal). Institutions seeking a Certificate of Authority (unaccredited schools) may need to submit the application in a prescribed electronic format (e.g. by email or upload, per THECB instructions). Include all required documentation and the application fee. (Incomplete applications will not advance to review.)

— THECB Review & Site Visit – THECB staff will review the submission for completeness and compliance. For institutions seeking a Certificate of Authority, the process includes a desk review by an academic expert and a mandatory on-site review of the proposed Texas campus. A site visit team (typically three or more expert evaluators) will inspect facilities, review academic resources, and interview personnel to verify the institution meets state standards. The institution must be essentially ready to operate (curriculum, faculty, facilities in place) at the time of the visit. The team’s findings are reported to a Certification Advisory Council, which will recommend action to the Commissioner.

— Board Decision – The Commissioner of Higher Education considers the council’s recommendation and then the Texas Higher Education Coordinating Board votes on whether to approve the application. If approved, THECB issues the appropriate certificate. A Certificate of Authority is granted for an initial period of two years and allows the institution to enroll students and award the specified degree(s) during that term. A Certificate of Authorization (for accredited institutions) does not expire as long as the institution maintains its accreditation, but it is subject to annual compliance reviews by THECB. If the Board denies the application, the institution will be notified of the reasons and may reapply after addressing the deficiencies (there is typically a waiting period, e.g. 180 days, before reapplication).

Application

Applications are submitted directly to THECB. Certificate of Authorization applications (accredited institutions) are filed through THECB’s online portal, while Certificate of Authority applications (unaccredited institutions) are filed in the format specified by THECB (often as an electronic document with supplemental materials). All required exhibits (as outlined in the application instructions) and the fee must accompany the submission.

Fees Payment

THECB’s application fee must be paid when applying. Fees are set by the Board to cover the cost of evaluation (including staff time and site visit expenses). The exact amount may vary biennially; for a new degree-granting institution, it is typically a several-thousand-dollar fee (determined by rule). Payment is usually made by check or electronic invoice as instructed by THECB. Note that fees are non-refundable once the review process begins.

Review & Evaluation

After submission, THECB staff ensures the application meets eligibility requirements (e.g. the institution’s operational history or financial capacity). A qualitative evaluation of the application is performed to verify compliance with Standards for Operation in Texas rules. Unaccredited institutions undergo the additional on-site evaluation step as described. The Certification Advisory Council reviews the application and site visit report, then advises THECB leadership. Throughout the review, THECB may request additional information or clarifications; the institution should respond promptly to any such inquiries to avoid delays.

Additional Review

No external agency approval is required beyond THECB for degree authority. However, if the institution’s degree programs are in regulated professional fields (for example, a nursing or law program), the institution may also need to seek approval from the relevant Texas licensing board for graduates to be eligible for professional exams. This professional program review, if applicable, is a separate process and does not replace THECB authorization. (Institutions participating in the State Authorization Reciprocity Agreement for distance education, NC-SARA, must first obtain THECB approval and then apply for SARA through THECB – but SARA participation is optional and outside the state licensing scope.)

Licensure Decision

When THECB approves an institution, it issues a formal Certificate. A Certificate of Authority to grant degrees is valid for 2 years and may be renewed for additional 2-year terms if the school shows progress toward accreditation. A Certificate of Authorization for an accredited institution remains valid indefinitely, contingent on the institution maintaining its accredited status and complying with state requirements. The certificate document will list the institution’s approved degree programs and Texas location. The institution may begin offering degrees once the certificate is issued. THECB will typically send a certificate and an approval letter outlining any conditions (such as required progress reports). If not approved, THECB provides a written explanation, and the school must cease degree operations in Texas (operating without approval can invoke penalties under Texas law).

Continuous Compliance

Once authorized, a school must operate in ongoing compliance with Texas laws and THECB rules. All representations in the school’s catalogs, websites, and advertising must remain accurate and not misleading. Institutions are required to maintain the surety bond or other student protection instrument on file continuously (updated annually). Any significant changes – such as adding a new degree program, changing the institution’s name or ownership, or relocating the campus – must be reported to THECB in advance and may require approval through an amendment or new certificate. Schools with Certificates of Authorization (accredited institutions) must submit an Annual Compliance Report to THECB each year, confirming that accreditation is in good standing and providing updates on enrollment and financial stability. THECB monitors authorized schools and can take action (including probation or revocation of the certificate) if an institution fails to comply with state standards or loses its accreditation.

Renewal

Certificate of Authority (Unaccredited) – Renewal is required every 2 years until the institution achieves accreditation. The school should apply for renewal well before the current certificate expires. A renewal application updates all information (including progress made toward accreditation) and may involve a follow-up site visit and council review similar to the initial process. THECB will renew the certificate if the institution demonstrates ongoing compliance and substantial progress; otherwise, renewal can be denied, in which case the school must discontinue degree offerings.

Certificate of Authorization (Accredited) – There is no fixed renewal interval for a Certificate of Authorization. Instead, the authorization remains in effect as long as the institution’s accreditation is active and annual state compliance filings are made. If the institution’s accreditation is revoked or expires, the Certificate of Authorization is automatically rendered void. Thus, “renewal” in this context means maintaining accreditation and meeting all annual reporting obligations rather than reapplying for the certificate.

Checklist of Required Items (Degree-Granting)

• THECB Application Form – Completed Certificate of Authority or Authorization application (with all sections filled out).
  
  
• Institutional & Corporate Documents – Proof of legal incorporation in Texas (or authority to operate in Texas), corporate bylaws or governing policies, list of owners and governing board members.
  
  
• Academic Documentation – Catalog of degree programs and courses, detailed curriculum outlines for each program, faculty roster with qualifications (degrees, CVs).
  
  
• Facilities & Resources – Description of the campus facilities and equipment (and/or online education infrastructure) to support the programs.
  
  
• Policies & Procedures – Copies of student-facing policies (admissions requirements, grading standards, grievance procedure, refund policy, etc.), often contained in the catalog or student handbook.
  
  
• Financial & Surety – Financial statements (showing stability to operate) and a surety bond or other approved security instrument calculated per THECB guidelines to protect student tuition.
  
  
• Accreditation/Approval Evidence – For accredited institutions: proof of current accreditation (accreditor name and status). For others: an accreditation plan outlining steps and timeline. Include any TWC Certificate of Approval or exemption letter if the school offers vocational programs under Chapter 132.
  
  
• Fee Payment – Application fee payment to THECB (attach check or proof of electronic payment as required).
  
  

Fees & Timelines (Degree)

Vocational and Career Schools

Process

— Determine if TWC License is Needed – Private postsecondary schools offering career or vocational training (non-degree) in Texas must obtain a Certificate of Approval from the Texas Workforce Commission unless they qualify for an exemption. First, review TWC’s exemption criteria: certain training providers are exempt, such as those offering short hobby courses, programs exclusively for a business’s own employees, religious schools teaching only religious subjects, or programs already regulated by another state agency (e.g. cosmetology schools under TDLR). If no exemption applies, the school must be licensed by TWC before advertising or enrolling students.

— Prepare Application Materials – Compile all required items for the TWC Career School license application. Key materials include:

• School details & ownership: basic information on the school (name, physical address in Texas, type of ownership, and officers). Include a brief business plan or description of the programs and the market served.
  
  
• Course catalog & enrollment agreement: a draft catalog describing each program (objectives, length, curriculum outline, tuition/fees, and school policies) and a student enrollment agreement form that meets TWC’s requirements (including the mandated cancellation and refund policy).
  
  
• Instructor & staff qualifications: a list of instructors and the designated school director, with resumes, credentials, or licenses demonstrating they meet TWC’s standards. (Each instructor and director will also complete a TWC personnel application form for approval.)
  
  
• Facilities & equipment: a description of the training facilities and equipment available. You do not need to have a site fully operational at application time, but you must provide a plan or floor plan for classrooms, labs, or online training platforms.
  
  
• Financial capability & surety: initial financial statements or a statement of fiscal capability to sustain the school. If the school will collect prepaid tuition or receive federal student aid, a surety bond or other security may be required (TWC classifies such schools as “large” and imposes bonding to protect students).

— Submit Application to TWC – Complete the TWC Certificate of Approval application form (available on the TWC website) and submit it with all supporting documents and required fees. TWC provides a New School Checklist to help ensure all items are included. Applications are typically submitted by mail to TWC’s Career Schools and Colleges section (Austin, TX), or electronically if instructed. Be sure to include separate applications for each representative (sales agent) and instructor, along with their fees, as applicable. Once your complete application is received, TWC will initiate the review. (Tip: You should respond quickly to any TWC requests for additional information; failure to complete the application within 90 days can result in the application being withdrawn by TWC.)

— TWC Review & Inspection – TWC will review the written application for compliance with Texas Education Code Chapter 132 and TWC rules. A TWC program specialist will be assigned to your school. They aim to approve or deny applications within about 90 days, depending on the responsiveness of the school. Before approval, TWC will conduct an on-site survey visit of the school’s facilities when you are ready to operate. During this visit, the specialist verifies the classroom setup, equipment, and records, and checks that the required postings (like student notices) are in place. The school director (or a designated liaison) should be present for the survey. TWC will also review instructor qualifications and ensure all required policies (attendance, progress, refunds, etc.) are properly in the catalog. Any issues noted must be corrected; TWC will communicate needed changes if any.

— License Approval – Once all requirements are met, TWC will issue a Certificate of Approval to the school. This license certificate will list the school name, address, and the approved program offerings. New career school licenses are usually granted on a provisional basis for 1 year initially (especially for first-time schools). The Certificate of Approval and the school’s licensed status can be advertised to students. If TWC finds the school ineligible or the application is deficient, they will issue a denial letter with reasons. The school may appeal a denial or reapply after remedying the problems. (Operating a career school without a license is unlawful – TWC may impose penalties or require refunds to students for unlicensed operation.)

Application

TWC applications are available on the official TWC website. The Career Schools and Colleges section provides the application form (PDF or DOCX) and detailed instructions for new schools. The completed application, along with all required attachments, should be submitted to the TWC address provided in the form. A cover letter is recommended to summarize your submission. TWC will assign a school number and communicate with you via mail or email during the review. (Note: If you have questions while preparing the application, you can contact TWC’s Career Schools staff for guidance.)

Fees Payment

TWC’s fees are set by state rule and depend on the size of the school (small or large). For a small career school (annual gross tuition under $100,000 and no federal financial aid), the initial license application fee is $1,001. For a larger school, the initial fee is $3,000. These fees must be submitted with the application (e.g., via check or money order payable to TWC). Additional fees apply for other components: each representative (recruiter) registration is $90, and each instructor application is $20. TWC also charges $225 for each additional program you seek to approve beyond the initial program list. All fees are generally non-refundable once processing begins. TWC may allow installment payment plans for large total fees over $1,000, but the full amount usually must be paid before final licensing.

Review & Evaluation

During TWC’s evaluation, they will verify that your school’s proposed operations meet all legal requirements. They ensure that instructor qualifications are adequate, that the proposed curricula have clear outcomes, and that the school has the financial means to operate. A key part of evaluation is ensuring the student protection measures are in place: the cancellation and refund policy in the catalog must align with the state-prescribed formula, and if the school collects advance payments, a surety bond may be required. The on-site visit is a crucial evaluation component: TWC uses it to confirm the information from the application. After the site visit and any required corrections, the TWC specialist will make a recommendation. If everything is in order, the license is approved. If not, TWC will inform the school of deficiencies to address. Throughout this review, maintaining open communication with the TWC specialist is important.

Additional Review

Certain vocational programs require prior approval from other Texas agencies before TWC can license them. For example, if your school plans to offer a nurse aide training program, you must obtain separate approval from the appropriate health authority; or if offering cosmetology, the program must be approved by the Texas Department of Licensing and Regulation. TWC provides a Licensing Coordination Information document outlining such cases. Ensure you secure any necessary program-specific approvals concurrently. TWC will typically wait for proof of those approvals before including those programs in your Certificate of Approval. Otherwise, no additional state review is needed – TWC is the sole licensing authority for career schools (note: degree programs are outside TWC’s scope, so if the school later offers degrees, THECB approval would be required in addition to TWC’s).

Licensure Decision

If approved, TWC will mail an official Certificate of Approval and a license number to the school. The initial license is usually valid for one year for new schools. The certificate will indicate the expiration date. The school must post the license at its place of business and operate in compliance with any conditions listed. For example, TWC might issue a contingent approval requiring a follow-up audit or a higher bond after some months. After one year (or the designated term), the school needs to renew its license to continue operating (see “Renewal” below). If the application is denied, TWC’s notice will outline the reasons. The school can correct the issues and reapply, or file an administrative appeal if it believes the denial was in error.

Continuous Compliance

Licensed career schools in Texas must meet ongoing requirements under TWC oversight. Schools are required to submit an Annual Report to TWC each year detailing student enrollment, graduations, and job placement rates. They must contribute to the state’s Student Protection Fund (the “Tuition Trust Account”) through a small quarterly fee based on tuition collected, which TWC will calculate and bill. Any advertising or solicitation must follow TWC’s Advertising guidelines (no false or misleading claims, employment guarantees, etc.). All school representatives (admissions recruiters) must be registered with TWC and wear/display their TWC-issued identification when soliciting students. Representative licenses must be kept current (renewed annually). The school must maintain student academic and financial records and adhere to the approved refund policy – refunds to withdrawing students must be issued in the timeframes and percentages set by law. Additionally, any substantive changes at the school require notifying TWC: changes in ownership, school name, or location trigger a requirement to apply for a revised certificate (with applicable fees, e.g. $150 for a name change, $270 for an address change). Adding new programs or making major curriculum changes also requires TWC approval prior to implementation. TWC may conduct periodic compliance audits or site visits to ensure ongoing adherence. Non-compliance can lead to enforcement actions, such as fines or even revocation of the school’s license, so maintaining a strong compliance program is essential.

Renewal

TWC licenses must be renewed to remain valid. First-year schools will typically renew after 1 year of operation. If a school maintains good standing, TWC may then issue multi-year renewals. Small schools can be granted up to a 3-year license upon renewal, whereas larger schools often renew annually. TWC will send a renewal notice in advance of the expiration. The renewal application involves updating the school’s information, submitting the renewal fee, and providing current documentation (such as financial statements or updated instructor lists). For small schools on a 3-year license, the renewal fee is $1,001 for the full 3-year period (which TWC may allow to be paid in installments: $501 first year, $250 in each of the next two years). For large schools, the renewal fee is calculated based on the prior year’s gross tuition income (capped by law at 1% of gross receipts). Timely renewal is critical – if a school fails to renew by the expiration date, it must cease enrolling new students until the license is reinstated. TWC assesses a late fee (at least $200) for renewal applications submitted after the deadline. To avoid lapses, prepare renewal filings well ahead of time. After TWC processes a renewal, they will issue an updated Certificate of Approval with a new expiration date.

Checklist of Required Items (Vocational)

• TWC License Application Form – Completed Certificate of Approval application (including all data on school ownership, officials, programs, and affidavits).
  
  
• Proposed School Catalog – Draft catalog with program descriptions, schedules, admission requirements, grading policy, refund policy, etc..
  
  
• Student Enrollment Agreement – Draft of the contract to be signed by students, meeting TWC’s requirements (cancellation terms, refund schedule, etc.).
  
  
• Personnel Forms – Individual applications for each Instructor and each School Director with required supporting documents (resumes, copies of credentials) and the personal application fees. Also include Representative applications for any staff who will recruit/enroll students.
  
  
• Financial Statement & Budget – Documentation of the school’s financial resources (startup budget, income projections, or current financial statement). Include a statement of tuition to be charged and any other fees.
  
  
• Surety Bond (if applicable) – If required (for schools collecting advance payments or federal aid), a surety bond or alternative security in the amount specified by TWC rules.
  
  
• Facility Information – Description or floor plan of the training facility, including classroom space, labs, and equipment (or outline of online training platform for distance education programs).
  
  
• Application Fees – Payment for the applicable fees: school license fee (small or large), instructor and representative fees, and any program fees. Attach check(s) or proof of payment as instructed by TWC.

Fees & Timelines (Vocational)
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State Exemptions

The following conditions allow certain schools or programs to be exempt from Texas state approval requirements:

1. Religious Institutions – A school that offers degrees only in theology or religious disciplines (and no secular degrees) is exempt from THECB oversight. Such institutions can request a letter of exemption for religious status from THECB. (If any secular degree is offered, this exemption does not apply.)
   
   
2. Out-of-State Distance Education – An out-of-state institution that is fully online (no physical presence in Texas) and is properly accredited does not need Texas authorization to enroll Texas students. This distance education exemption applies only if the school has no Texas location or direct in-state activities (aside from online learning). If the institution establishes a physical presence (e.g. a learning site or local advertising beyond online), it must seek Texas approval. (Schools operating under the NC-SARA agreement fall under this exemption as long as they have no physical presence beyond SARA parameters.)
   
   
3. Federal Military Bases – An institution conducting all educational activities on a military base or other federal enclave in Texas (where the federal government has exclusive jurisdiction) is exempt from THECB regulation. The programs must be offered only to military personnel or their dependents on the base. (If the school also offers courses off-base to the general public in Texas, state approval would be required for those offerings.)
   
   
4. Other State Agency Regulation – Schools whose programs are approved and regulated by another Texas state agency are exempt from TWC licensing for those programs. For example, cosmetology schools licensed by the Texas Department of Licensing and Regulation, or nursing programs approved by the Texas Board of Nursing, do not require a separate TWC Career School license. Similarly, avionics or flight schools under FAA oversight, real estate programs approved by TREC, and other such cases are not subject to TWC regulation. (However, if such a school offers additional programs outside the other agency’s scope, a TWC license might be needed for those specific programs.)
   
   
5. Short-Term and Avocational Courses – Educational programs that are purely avocational (for personal enrichment) or of very short duration may be exempt from TWC requirements. For instance, a brief one-day seminar, a hobby class, or courses provided free of charge typically do not require a career school license. Similarly, training programs offered by an employer exclusively for its own employees (with no tuition charged) are exempt from TWC oversight. Texas law gives TWC authority to exempt programs that are not primarily for career preparation. Schools should request an exemption determination from TWC if they believe their program qualifies.
   
   

Schools that believe they qualify for any exemption must formally apply for an exemption letter or certificate with the respective agency. THECB and TWC have forms or letter-request processes for exemptions. Operating without a license without an approved exemption is illegal, so it is crucial to secure written confirmation of exemption status before proceeding. Even when exempt from licensing, institutions must still adhere to any relevant consumer protection laws – for example, using certain protected terms (like “college” or “university”) in the school’s name may require separate permission from THECB, and truth-in-advertising laws still apply. In summary, always verify with THECB or TWC if an exemption applies, and obtain the appropriate documentation for your records.