| (6) course participant handouts; and (7) bibliography or source of updated subject matter. (q) Each course of instruction must utilize examinations approved by the commission as a component of measurement for determination of successful completion of a course of study. In the event of failure of a course final examination, no re-examination is authorized unless the student has repeated the entire course. If a school permits a student to complete the final course examination prior to completing all makeup time to satisfy attendance requirements, the school shall require the student to sign a statement acknowledging the student's awareness of the requirement that should the student fail the final examination the student will be required to repeat the entire course before testing again for credit for the course. If a school permits a student who cannot
complete the final course examination at the originally scheduled time to arrange for a makeup examination, the procedure for taking a makeup examination, any time limit on makeup exams, and any added fee the school may charge for this process must be disclosed in the enrollment agreement the student signs prior to the start of the class. Makeup final examinations must be completed within 90 days of the termination of the original class or the student must be considered dropped from the class with no credit. (r) The weight of examinations as the determination of successful completion of a course, and the criteria for passing of examinations, may be developed by each school based on each school's educational concepts. The commission may, however, direct alterations in examination procedures, criteria for passing, and administration. Each school shall furnish the commission with copies of its examinations with each new course submitted for approval and at any
time subsequent changes are made to previously approved examinations. Schools shall revise final course examinations for active courses at least annually, and shall furnish the commission copies of all revisions. Each of the subjects required by statute for each core course must be covered in the exam of that course. An examination proctor, either school staff or faculty, must be present with the class during all regularly scheduled final course examinations. (s) Schools shall update course materials during the period of time a course may be given to ensure that current and accurate information is provided to students. Updated course materials and revisions of the course outline must be filed with the commission prior to implementation, and the commission may direct a school to revise the materials further or cease use of materials. The commission may direct that the school withdraw texts. (t) The school shall provide each student with copies
for the students' permanent use of any printed material which is the basis for a significant portion of the course. Ample space must be provided on handouts for notetaking or completion of any written exercises. (u) Schools may give one hour of credit for 50 clock minutes of actual classroom session time. Schools may allow a ten-minute break for every 50 minutes of classroom session time, but a break must be given at least every two hours, using all accumulated break time. (v) Intermediate courses and advanced courses may be developed by schools accredited by the commission and submitted to the commission for approval. (w) A school that is planning the development of a complete program of study should base its program on the core real estate courses as prescribed in the Act, §7(a). Additional courses may be developed in subjects such as construction; ethics; taxation; office management; advertising; earnest money
contracts; exchanging; real estate counseling; syndication; condominium conversions; farm and land brokerage; and other subjects approved by the commission. (x) Each accredited school shall maintain a separate fixed office in the State of Texas. The office must be large enough for maintenance of all records, office equipment, files, telephone equipment, and office space for customer service. (y) Classroom facilities and changes in classroom facilities are subject to the approval of the commission. (z) Schools may not use classroom facilities at a trade or proprietary school not accredited by the commission unless prior approval is obtained from the commission. (aa) As a part of routine audits of courses conducted by commission employees, reports will be filed concerning the adequacy of classroom facilities, and the commission may direct that the use of a facility be discontinued.
(bb) Schools may offer a course using an alternative delivery method such as computers if the course satisfies the requirements of such a course contained in §535.71 of this title (relating to Mandatory Continuing Education). (cc) Printed bulletins or other promotional information must be specific with respect to the purpose of each course of instruction, curricula, classroom hours (or other units), content of the course, tuition, and criteria for successful completion of the course. All advertising and promotional materials must contain the school name. No promotional activities of any school accredited by the commission may state or imply that the school's program of instruction is the sole vehicle by which the educational requirements for licensing can be attained, nor may any promotional activity state or imply that individuals should refrain from or not seek evaluation of previous educational experience by the commission as a basis for
meeting educational requirements for licensing. (dd) A school may not promote educational programs in such a manner as to convey a false impression of the school's size, importance, location, equipment, or facilities. (ee) A school may not promote itself in such a manner as to state or imply that the school's programs excel any other course of instruction. (ff) A school may not promote itself in such a manner as to state or imply that its students will achieve earning potential as a result of participation in the school's educational program. Except as provided by this section, no school may promote itself directly or indirectly as a job placement agency. A school participating in a job retraining program recognized by federal, state, or local government may, however, provide job placement services to the extent the services are required by the program and may advertise its participation in the program. Schools
are responsible to the commission for ensuring that instructors or other persons do not recruit or solicit prospective salespersons in a classroom during class time. (gg) The commission may require a school to furnish proof of any of its advertising claims and, if cause is shown for retraction of a claim, may require the school to publish the retraction in the same manner as the advertising claim was published. (hh) If a school charges fees for supplies, material, or books needed in course work, the fees must be itemized in a written statement provided to each student by the school. Any written advertisement by the school which contains a fee charged by the school must display all fees for the course in the same place in the advertisement and with the same degree of prominence. (ii) Tuition fees must be stated in an agreement signed by the school and the student. The agreement must contain the school's policy regarding
the return of fees when a student is dismissed or withdraws voluntarily. The school shall inform the commission when a student requests a refund because of a withdrawal due to the student's dissatisfaction with the quality of the course. (jj) Each school shall notify the commission in writing of the school's tuition refund policy. The commission may direct changes to achieve an equitable refund policy. (kk) Within ten days following the completion of a course, each school shall provide the commission with a class roster in a format approved by the commission. The listing of students must be numbered and in alphabetical order, and must show after each student's name the final grade of either passed, failed, incomplete, or dropped, in language or symbols that can be correlated with these categories. Any other grade must be explained concisely but clearly. (1) Passed must be limited to those students who attended
all of the scheduled classes or completed acceptable makeup and who successfully passed the final course examination based on passing standards approved by the commission. (2) Failed must be limited to those students who had acceptable classroom attendance but failed the final course examination. (3) Incomplete must be limited to those students who met the attendance requirements, but did not take the final course examination; those who attended at least two-thirds of the scheduled course hours and took the final course examination but did not complete acceptable makeup; or those who attended at least two-thirds of the scheduled course hours, but did not complete acceptable makeup and did not take the final course examination. If a student is reported incomplete and later completes acceptable makeup and/or the final examination, a supplemental report must be provided to the commission using the same format and course data as the original class
report, giving the student's name and final grade report. A separate supplemental report must be furnished for each individual class, but more than one student may be on Cont'd... |
