| (v) 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 automatically be dropped from
the course with no credit and the provider shall report the student's
status to the Commission.
(2) Distance Education Delivery. The provider must
ensure that:
(A) the student taking all topics of the course and
completing all quizzes and exercises is the student receiving credit
for the course through a validation process that meets guidelines
approved by the Commission;
(B) an approved instructor is available to answer students'
questions or provide assistance as necessary in a timely manner;
(C) a student has completed all instructional modules
and attended any hours of live instruction required for a given course;
and
(D) an approved instructor is responsible for providing
answers and rationale for the grading of the written course work.
(3) A provider is not required to present topics and
units in the order outlined for a course on the corresponding course
approval form.
(4) The periods of time prescribed to each unit of
a topic for a qualifying course as outlined on the corresponding course
approval form are recommendations and may be altered to allow instructors
flexibility to meet the particular needs of their students.
(h) Course examinations.
(1) The final examination given at the end of each
course must be given in a form and with questions that were submitted
to the Commission with the course approval form.
(2) Final examination questions must be kept confidential
and be significantly different from any quizzes and exercises used
in the course.
(3) A provider shall not permit a student to view or
take a final examination before the completion of regular course work
and any makeup sessions required by this section.
(4) A provider must rotate all versions of the examination
required by §535.62(b)(7) throughout the approval period for
a course in a manner acceptable to the Commission and examinations
must:
(A) require an unweighted passing score of 70%; and
(B) be proctored by a member of the provider faculty
or staff, or third party proctor acceptable to the Commission, who:
(i) is present at the test site or able to monitor
the student through the use of technology acceptable to the Commission;
and
(ii) has positively identified that the student taking
the examination is the student registered for and who took the course.
(5) The following are acceptable third party proctors:
(A) employees at official testing or learning/tutoring
centers;
(B) librarians at a school, university, or public library;
(C) college or university administrators, faculty,
or academic advisors;
(D) clergy who are affiliated with a specific temple,
synagogue, mosque, or church; and
(E) educational officers of a military installation
or correctional facility.
(6) A provider may not give credit to a student who
fails a final examination and a subsequent final examination as provided
for in subsection (i) of this section.
(i) Subsequent final course examination.
(1) If a student fails a final course examination,
a provider may permit the student to take a subsequent final examination
only after the student has:
(A) waited at least three calendar days; and
(B) completed any additional course work prescribed
by the provider.
(2) A student shall complete the subsequent final examination
no later than the 90th day after the date the original class concludes.
The subsequent final examination must be a different version of the
original final examination given to the student and must comply with §535.62(b)(1)(G)
and subsection (h) of this section.
(3) If a student fails to timely complete the subsequent
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 and the final course
examination.
(j) 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 and approval number;
(B) the instructor's name and instructor license number
assigned by the Commission;
(C) the course title;
(D) course numbers;
(E) the number of classroom credit hours;
(F) the dates the student registered for, 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.
(k) 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) When evaluating an instructor or course, a provider
shall use the evaluation form approved by the Commission. A provider
may also add additional questions to the end of the Commission evaluation
form or request the students to also complete the provider's evaluation
form.
(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.
(l) 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.
(m) Changes in Ownership or Operation of an approved
provider of qualifying courses.
(1) An approved provider shall obtain the approval
of the Commission at least 30 days 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;
(C) a Principal Information Form for each proposed
new owner who would hold at least a 10% interest in the school; and
(D) pay the fee required by §535.101 or §535.210
of this title.
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