(a) This subchapter applies to an institution that seeks to offer one or more Credit Courses as defined in §2.202(1) of this subchapter via distance education.(b) This subchapter 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 this subchapter regardless whether the course is otherwise eligible for funding.(c) This subchapter 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 agency shall determine whether a course is eligible for funding based on the applicable statutes and rules in the Texas Administrative Code.