(l) A course must be devoted to one or more of the subjects
specified under the course titles in the Act, §7(a)(2)-(4) and §7(a)(7)-(10),
to real estate professionalism and ethics or to other subjects approved by
the commission for MCE credit. MCE courses must be presentations of relevant
issues and changes within the subject areas as they apply to the practice
of real estate in the current market or topics which increase or support the
licensee's development of skill and competence. Courses approved by the commission
for core real estate course credit provided in the Act, §7(d)-(e), may
be accepted for satisfying MCE requirements provided the student files a course
completion certificate with the commission. MCE courses may be accepted by
the commission as real estate related courses for satisfying the education
requirements of §7(d)-(e) of the Act. Courses related to technology,
such as the use of personal computers, must be primarily devoted to the application
of technology to the practice of the licensee.
(m) Providers must furnish students with copies, for 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 note taking
or completion of any written exercises. If a provider charges fees for supplies,
materials, or books needed in course work, the fees must be itemized in a
written statement provided to each student by the provider before the student
registers for the course.
(n) If a provider does not maintain a fixed office in this
state for the duration of the provider's approval to offer courses, the provider
shall designate a resident of this state as attorney-in-fact to accept service
of process and act as custodian of any records in Texas which the provider
is required to maintain by these sections. A power-of-attorney designating
the resident must be filed with the commission in a form acceptable to the
commission.
(o) Unless withdrawn earlier for cause as provided by these
sections, a provider's authority to offer courses for which MCE credit is
given expires two years from the date the provider is approved by the commission.
Authority to offer any MCE courses ends with the expiration of the provider's
approval, and the provider must pay current fees and reapply for approval
as a provider in order to offer MCE courses again. Except for a course approved
as a single course offering, a course approved by the commission may be offered
by the provider for a period of two years after the course is approved or
until the provider's authority to act as a provider finally expires or is
withdrawn for cause, whichever first occurs. If a course was originally approved
for another provider, the approval period is measured from the date of approval
for the original provider. A provider may apply for approval to be a provider
for another two years no sooner than six months prior to the expiration of
existing provider approval. An instructor's approval expires every five years
as provided by §535.64 of this title (relating to Accreditation of Schools
and Approval of Courses and Instructors.
(p) Correspondence courses. The commission may approve a provider
to offer an MCE course by correspondence subject to the following conditions:
(1) the course must be offered by a college or university accredited
by a regional accrediting association, such as the Commission on Colleges
of the Southern Association of Colleges and Schools, or its equivalent, which
offers correspondence courses, whether credit or noncredit, in other disciplines;
(2) the content of the course must satisfy the requirements
of the Act, §7A, and these sections;
(3) students receiving MCE credit for the course must pass
either:
(A) a proctored final examination administered under controlled
conditions to positively identified students, at a location and by an official
approved by the commission and graded by the instructor or, if the examination
is being graded mechanically or by use of a computer, by the provider, using
answer keys approved by the instructor or provider; or
(B) an examination by use of a computer under conditions that
satisfy the commission that the examinee is the same person who seeks MCE
credit; and
(4) written course work required of students must be graded
by an approved instructor or the provider's coordinator or director, who is
available to answer students' questions or provide assistance as necessary,
using answer keys approved by the instructor or provider.
(q) An applicant must submit an MCE Form 3A-1, MCE Course Application,
the first time approval is sought to offer a MCE correspondence course. Once
a course has been approved, no further approval is required for another approved
provider to offer the same course. Prior to advertising or offering the course,
however, the subsequent provider must complete MCE Form 3B-2, file the form
together with the appropriate fee with the commission and receive written
acknowledgment from the commission that all necessary documentation has been
filed. Each correspondence course must contain the following:
(1) course description;
(2) learning objectives;
(3) evaluation techniques;
(4) lessons;
(5) learning activities;
(6) final examination;
(7) bibliography or source of updated subject matter; and
(8) instructor grading guidelines, including acceptable answers
for lessons, assessments and examinations.
(r) The commission may accept courses offered by alternative
delivery methods subject to the following conditions.
(1) Every course accepted under this subsection shall teach
to mastery. Teaching to mastery means that the course must, at a minimum:
(A) divide the material into major units as approved by the
commission;
(B) divide each of the major units of content into modules
of instruction for delivery on a computer or other approved interactive audio
or audiovisual programs;
(C) specify the learning objectives for each module of instruction.
The learning objectives must be comprehensive enough to ensure that if all
the objectives are met, the entire content of the course will be mastered;
(D) specify an objective, quantitative criterion for mastery
used for each learning objective;
(E) implement a structured learning method by which each student
is able to attain each learning objective;
(F) provide a means of diagnostic assessment of each student's
performance on an ongoing basis during each module of instruction, measuring
what each student has learned and not learned at regular intervals throughout
each module of instruction, and specifically assessing the mastery of each
concept covered in the content material;
(G) provide a means of tailoring the instruction to the needs
of each student as identified in Subparagraph (E) of this subsection. The
process of tailoring the instruction shall ensure that each student receives
adequate remediation for specific deficiencies identified by the diagnostic
assessment;
(H) continue the appropriate remediation on an individualized
basis until the student demonstrates achievement of each mastery criterion;
and
(I) require that the student demonstrate mastery of all material
covered by the learning objectives for the module before the module is completed.
(2) The commission must approve the method by which each of
the above elements of mastery in subparagraphs (A)-(I) of this subsection
is accomplished.
(3) The rationale for the education processes implemented in
the course must be based on sound instructional strategies which have been
systematically designed and proven effective through educational research
and development. The basis and rationale for any proposed instructional approach
must be specified in the application for approval. The following types of
programs will not be approved:
(A) those which consist primarily of text material;
(B) those which primarily consist of questions similar to those
on the state licensing examination; or
(C) those which consist primarily of combinations of the elements
in subparagraphs (A) and (B) of this paragraph.
(4) An approved instructor or the provider's coordinator/director
shall grade the written course work.
(5) Every provider offering an approved course under this subsection
shall:
(A) ensure that a qualified person is available to answer students'
questions or provide assistance as necessary;
(B) satisfy the commission that procedures are in place to
ensure that the student who completes the work is the student who is enrolled
in the course; and
(C) certify students as successfully completing the course
only if the student;
(i) has completed all instructional modules required to demonstrate
mastery of the material;
(ii) has attended any hours of live instruction and/or testing
required for a given course; and
(iii) has passed either:
(I) a proctored final examination administered under controlled
conditions to positively identified students, at a location and by an official
approved by the commission and graded by the instructor or, if the examination
is being graded mechanically or by use of a computer, by the provider, using
answer keys approved by the instructor or provider; or
(II) an examination by use of a computer under conditions that
satisfy the commission that the examinee is the same person who seeks MCE
credit.
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Source Note: The provisions of this §535.71 adopted to be effective May 1, 1990, 15 TexReg 873; amended to be effective February 8, 1991, 16 TexReg 458; amended to be effective June 18, 1991, 16 TexReg 3078; amended to be effective April 8, 1993, 18 TexReg 1938; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective May 4, 1995, 20 TexReg 3019; amended to be effective September 7, 1995, 20 TexReg 6654; amended to be effective April 1, 1996, 21 TexReg 1660; amended to be effective January 7, 1997, 21 TexReg 12542; amended to be effective May 27, 1998,23TexReg5435;amended to be effective March 1, 1999, 24 TexReg 558; amended to be effective June 1, 2000, 25 TexReg 3254; amended to be effective October 15, 2001, 26 TexReg 8071; amended to be effective August 13, 2002, 27 TexReg 7122 |