Texas Register

RULE §535.64Accreditation of Schools and Approval of Courses and Instructors
ISSUE 06/26/2009
ACTION Proposed
Preamble Texas Admin Code Rule

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

(d)Approval of application for accreditation. If it determines that the applicant meets the standards for accreditation and has furnished the bond or other acceptable security required by the Act, §1101.302, the commission shall approve the application and provide a written notice of the accreditation to the applicant. Unless surrendered or revoked for cause, the accreditation will be valid for a period of two [five] years.

(e)Subsequent application for accreditation. No more than six months prior to the expiration of its current accreditation, a school may apply for accreditation for another two-year [ five year] period.

  (1) - (3)(No change.)

   (4)A school's passage rate will be calculated and published quarterly by dividing the number of that school's graduates, as defined in paragraph (2) of this subsection, who passed the examination on their first attempt in the two-year period ending on the last day of the previous quarter by the total number of the school's graduates who took the exam for the first time in the same period. If a school offers courses toward multiple license types, the exam results for that school will be calculated and posted by license type and aggregated into the school's overall passage rate for that period. The passage rate that will be used to determine whether the accreditation standard has been met is the most current aggregate rate published by the commission as of the date the commission receives the timely application for reaccreditation or, if the accreditation expired before being renewed, the most recent rate published by the commission as of the expiration date of the school's accreditation.

   (5)In determining whether a school qualifies for reaccreditation based on its examination passage rate, the commission or a committee established pursuant to Texas Occupations Code §1101.305 shall consider multiple factors, including the separate passage rates for sales, broker, and inspector applicants and trends within the school's passage rate over the course of the two-year accreditation period.

(f)(No change.)

(g)Forms. The Texas Real Estate Commission adopts by reference the following forms approved by the commission. These documents are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us.

  (1)Form ED 1-1 [0], Education Provider Application;

  (2) - (3)(No change.)

  (4)Form ED 4-2 [1], Instructor Application - Core, Legal Update and Ethics;

  (5) - (7)(No change.)

(h)(No change.)

(i)Standards for instructor approval. The application for commission approval of an instructor must be filed on forms adopted by the commission. To be approved as an instructor, a person must satisfy the commission as to the person's competency in the subject matter to be taught and ability to teach effectively. Each instructor must also possess the following qualifications:

  (1)a college degree in the subject area or five years professional experience in the subject area[;] and

  [(2)]three years experience in teaching or training; or

  (2)[(3)] the equivalent of paragraph [paragraphs] (1) [and (2)] of this subsection as determined by the commission after due consideration of the applicant's professional experience, research, authorship or other significant endeavors in the subject area.

(j) - (o)(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 June 12, 2009


Devon V. Bijansky

Assistant General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: July 26, 2009

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

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