| (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.
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