Historical Rule for the Texas Administrative Code

RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses

  (5) A student who attends less than two-thirds of the originally scheduled qualifying course is not eligible to complete a makeup session. The student shall be automatically dropped from the course with no credit and the provider shall report the student's status to the Commission.

(i) Course examinations.

  (1) The final examination given at the end of each course must be the examination that was submitted to the Commission with the course approval form.

  (2) Each topic required by the Act or Rules for a qualifying course must be covered in the final examination for that course.

  (3) Unless otherwise provided for in this section, a provider shall use final course examinations consisting of at least 60 questions with an unweighted passing score of 70%.

  (4) Real estate math qualifying course examinations may consist of a minimum of 20 questions with an unweighted passing score of 70%.

  (5) Final examination questions must be kept confidential and be significantly different from any questions used for diagnostic assessment of units in the course.

  (6) A provider shall not permit a student to take a final examination before the completion of regular course work and any makeup sessions required by this section.

  (7) Examinations must be:

    (A) proctored by a member of the provider faculty or staff who is present at the test site and has positively identified that the students taking the examination are the students who took the course; or

    (B) administered using a computer under conditions that satisfy the Commission that the student taking the examination is the student who took the course.

  (8) A provider shall revise final course examinations for all active qualifying courses at least annually.

  (9) A provider may not give credit to a student who fails a final examination and makeup final examination.

(j) Makeup final course examination.

  (1) If a student fails a final course examination, a provider may permit the student to retake the final examination only once and only after the student has:

    (A) waited at least seven calendar days; and

    (B) completed any additional course work prescribed by the provider.

  (2) A student shall complete a makeup final examination no later than the 90th day after the date the original class concludes.

  (3) If a student fails to timely complete the makeup final examination as required by this subsection, the student shall be automatically dropped from the course with no credit.

  (4) A student who fails the final course examination a second time is required to retake the course prior to retaking the final course examination.

(k) Course completion certificate.

  (1) Upon successful completion of a core course, a provider shall issue a course completion certificate that a student can submit to the Commission. The course completion certificate shall show:

    (A) the provider's name;

    (B) the instructor's name and approval number assigned by the Commission;

    (C) the course title;

    (D) course numbers, including any Commission pre-approval number received;

    (E) the number of classroom hours;

    (F) the dates the student began and completed the course; and

    (G) printed name and signature of an official of the provider on record with the Commission.

  (2) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.

  (3) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection.

(l) Instructor and course evaluations.

  (1) A provider shall provide each student enrolled in a course with an instructor and course evaluation form and provide a link to an online version of the form that a student can complete and submit any time after course completion.

  (2) An instructor may not be present when a student is completing the evaluation form and may not be involved in any manner with the evaluation process.

  (3) At a minimum, when evaluating an instructor or course, a provider shall use an evaluation form approved by the Commission.

  (4) A provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.

  (5) At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff.

(m) Maintenance of records for a provider of qualifying courses.

  (1) A provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.

  (2) A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school.

  (3) A school's financial statement and balance sheets must be available for audit by Commission staff, and the Commission may require presentation of financial statements or other financial records.

  (4) All records may be maintained electronically but must be in a common format that is legibly and easily printed or viewed without additional manipulation or special software.

(n) Changes in Ownership or Operation of an approved provider of qualifying courses.

  (1) An approved provider shall obtain the approval of the Commission in advance of any material change in the operation of the provider, including but not limited to changes in:

    (A) ownership;

    (B) management; and

    (C) the location of main office and any other locations where courses are offered.

  (2) An approved provider, upon transfer to the new owner, must meet the financial review standards imposed by §535.61 of this subchapter.

  (3) An approved provider requesting approval of a change in ownership shall provide all of the following information or documents to the Commission:

    (A) a new bond of $20,000 for the proposed new owner, a statement from the bonding company indicating that the former bond will transfer to the proposed new owner, or other security acceptable to the Commission under §1101.302 of the Act;

    (B) an Education Provider Application reflecting all required information for each proposed new owner; and

    (C) a Principal Information Form for each proposed new owner who would hold at least a 10% interest in the school.

Source Note: The provisions of this §535.65 adopted to be effective January 1, 2015, 39 TexReg 9669

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