Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER FEDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
RULE §535.62Acceptable Courses of Study
ISSUE 10/26/2007
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (c)(No change.)

(d)A core real estate course also must meet each of the following requirements to be accepted.

  (1) - (5)(No change.)

  (6)For a course offered by an alternative delivery method, the course met the following requirements.

     (A)The course must be certified by a distance learning certification center that is acceptable by the commission.

     [(A)Every course accepted under this subsection shall teach to mastery. Teaching to mastery means that the course must, at a minimum:]

      [(i)divide the material into major units as approved by the commission;

      [(ii)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;]

      [(iii)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;]

      [(iv)specify an objective, quantitative criterion for mastery used for each learning objective;]

      [(v)implement a structured learning method by which each student is able to attain each learning objective;]

      [(vi)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;]

      [(vii)provide a means of tailoring the instruction to the needs of each student as identified in subparagraph (E) of this paragraph. The process of tailoring the instruction shall ensure that each student receives adequate remediation for specific deficiencies identified by the diagnostic assessment;]

      [(viii)continue the appropriate remediation on an individualized basis until the student demonstrates achievement of each mastery criterion; and]

      [(ix)require that the student demonstrate mastery of all material covered by the learning objectives for the module before the module is completed.]

     [(B)The commission must approve the method by which each of the above elements of mastery in subparagraph (A)(i) - (ix) of this paragraph is accomplished.]

    (B)[(C)]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:

      (i)those which consist primarily of text material; or

      (ii)those which primarily consist of questions similar to those on the state licensing examination.[; or]

       [(iii)those which consist primarily of combinations of the elements in subparagraphs (A) and (B) of this paragraph.]

    (C)[(D)] An approved instructor or the provider's coordinator/director shall grade the written course work.

    (D)[(E)] Every provider offering an approved course under this subsection shall:

      (i)ensure that a qualified person is available to answer students' questions or provide assistance as necessary;

      (ii)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

      (iii)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:

          (-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.

  (7) - (9)(No change.)

(e) - (f)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2007

TRD-200704877

Loretta R. DeHay

General Counsel and Assistant Administrator

Texas Real Estate Commission

Earliest possible date of adoption: November 25, 2007

For further information, please call: (512) 465-3900



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