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RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses

      (ii) ensure the student is present for the course for the hours of time for which credit is awarded;

      (iii) provide a 10 minute break per hour at least every two hours; and

      (iv) not have daily course segments that exceed 12 hours.

    (C) If the course is a qualifying or non-elective continuing education course delivered through the use of technology and there are more than 20 students registered for the course, the provider will also use:

      (i) a monitor at the broadcast origination site to verify identification of each student, monitor active participation of each student and facilitate questions for the instructor; and

      (ii) a proctor at each remote site with more than 20 students to verify identification of each student, monitor active participation of each student and proctor any on-site examination.

    (D) Makeup Session for Classroom Courses.

      (i) A provider may permit a student who attends at least two-thirds of an originally scheduled qualifying course to complete a makeup session to satisfy attendance requirements.

      (ii) A member of the provider's staff must approve the makeup procedure to be followed. Acceptable makeup procedures are:

        (I) attendance in corresponding class sessions in a subsequent offering of the same course; or

        (II) the supervised presentation by audio or video recording of the class sessions actually missed.

      (iii) A student shall complete all class makeup sessions no later than the 90th day after the date of the completion of the original course.

      (iv) 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.

  (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 student identity verification process acceptable to the Commission;

    (B) a qualified 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) a qualified instructor is responsible for providing answers and rationale for the grading of the course work.

  (3) A provider is not required to present topics 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.

  (5) Notwithstanding subsections (3) - (4) of this section, all units must be presented within the prescribed topic.

(h) Course examinations.

  (1) The final examination given at the end of each course must be given in the manner submitted to and approved by the Commission. All final examinations must be closed book.

  (2) Final examination questions must be kept confidential and be significantly different from any quiz questions 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) of this subchapter 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 examples of 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 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)(8) of this subchapter 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 qualifying course, a provider shall issue a course completion certificate. The course completion certificate shall include:

    (A) the provider's name and approval number;

    (B) the instructor's name;

    (C) the course title;

    (D) course numbers;

    (E) the number of classroom credit hours;

    (F) the course delivery method;

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

    (H) the 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 or 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 all of the questions from the evaluation form approved by the Commission, in the same order as listed on that form. A provider may add additional questions to the end of the Commission evaluation questions 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.


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