(a) - (c)(No change.) (d)Forms. The commission adopts by reference the following forms published and available from the commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us: (1) - (12)(No change.) (13)MCE Form 16-1 [0], [MCE] Instructor Application - MCE Elective. (e) - (p)(No change.) (q)Instructor certification. Only instructors certified by the commission may teach the required legal courses or develop distance learning courses for the presentation of required legal courses. An instructor must obtain prior commission approval under subsection (r) [(m)] of this section prior to attending an instructor training program. The commission shall issue a written certification to an instructor to teach the applicable required legal course(s) upon the instructor's satisfactory completion of a training program to teach the required legal course(s) that is acceptable to the commission. An instructor may obtain certification to teach either one or both required legal courses. A certified legal course instructor may teach the required legal courses for any approved provider after the instructor has attended an instructor training program. A certified legal course instructor may not independently conduct a required legal course unless the instructor has also obtained approval as a provider. An instructor must obtain written certification from the commission prior to teaching the required legal courses and prior to representing to any provider or other party that he or she is certified or may be certified as a legal course instructor. An instructor's certification to teach a required legal course expires on December 31 of every odd-numbered year. An instructor may obtain recertification by attending a new instructor training program. (r)Standards for approval of instructors of required legal courses. Prior to attending an instructor training course, a person must obtain commission approval to be an instructor using Form ED 4-2, Instructor Application - Core, Legal Update, and Ethics, adopted by the commission. To be approved as an instructor of a required legal update or ethics course, a person must possess the following qualifications: (1)a college degree in the subject area of Real Estate, or five years professional experience in the subject areas of Principles of Real Estate, Law of Agency, and Law of Contracts; and (2)three years experience in teaching or training; or (3)the equivalent of 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. (s)Approval of instructor. If the commission determines that the applicant meets the standards for instructor approval, the commission shall approve the application and provide a written notice of the approval to the applicant. Unless surrendered or revoked for cause, the approval will be valid for a period of five years. (t)[(r)] Elective credit courses. To be approved to offer a course for MCE elective credit, the provider must demonstrate that the course subject matter is appropriate for a continuing education course for real estate licensees and that the information provided in the course will be current and accurate by submitting a brief statement that describes the objective of the course and explains how the subject matter is related to activities for which a real estate license is required, including but not limited to relevant issues in the real estate market or topics which increase or support the licensee's development of skill and competence. (u)[(s)] Elective course application. A provider applicant must submit an MCE Form 3A-3, MCE Course Application and receive written acknowledgment from the commission prior to offering an MCE elective course. Prior to advertising or offering a course offered by another provider, the subsequent provider must submit an MCE Form 3B-3, Course Application Supplement and receive written acknowledgment from the commission. (v)[(t)] Legal update and legal ethics course application. A provider must submit an MCE form 3B-3, Course Application Supplement and receive written acknowledgment from the commission prior to offering a required legal update or required legal ethics course. (w)[(u)] Core courses for elective credit. Courses approved by the commission for core real estate course credit provided in the Act, §1101.356 and §1101.358, may be accepted for satisfying MCE elective credit course requirements provided the student files a course completion certificate with the commission. (x)[(v)] Acceptable combined courses. An elective credit course offered by a provider to satisfy all or part of the nine hours of other than legal topics required by the Act, §1101.455, may be offered with the required legal update course or required legal ethics course. (y)[(w)] Required legal courses for real estate related courses. MCE legal update and legal ethics courses may be accepted by the commission as real estate related courses for satisfying the education requirements of §1101.356 and §1101.358, of the Act. (z)[(x)] Correspondence courses for elective credit. An MCE provider may register an MCE elective course by correspondence with the commission if the course is 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, §1101.455, and these sections; and (3) the course does not include a request for required legal course credit. (aa)[(y)] Alternative delivery method courses for elective credit. An MCE provider may register an MCE elective course by alternative delivery method with the commission if the course is subject to the following conditions: (1)the content of the course must satisfy the requirements of the Act, §1101.455, and these sections; (2)the course does not include a request for required legal course credit; and (3)every provider offering a registered course under this subsection shall: (A)ensure that a qualified person is available to answer students' questions or provide assistance as necessary; (B)provide 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; and (ii)has attended any hours of live instruction and/or testing required for a given course. (bb)[(z)] Correspondence courses for required legal credit. The commission may approve a provider to offer an MCE required legal ethics 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, §1101.455 and these sections, and must be substantially similar to the legal courses disseminated and updated by the Commission; (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. (cc)[(aa)] Each required legal course offered by correspondence must contain the following: (1)course description; (2)learning objectives; (3)evaluation techniques; (4)lessons; (5)learning activities; (6)final examination; (7)source materials disseminated by the Commission including all updates; and (8)instructor grading guidelines, including acceptable answers for lessons, assessments and examinations. (dd)[(bb)] Alternative delivery method courses for required legal credit. The commission may accept required legal courses offered by alternative delivery method subject to the following conditions. (1)The content of the course must satisfy the requirements of the Act, §1101.455 and these sections, and must be substantially similar to the legal courses disseminated and updated by the Commission. (2)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 of instruction that follows the outline of the applicable required legal course for delivery on a computer or other approved interactive audio or audiovisual programs; (B)specify the learning objectives for each unit of instruction; (C)specify an objective, quantitative criterion for mastery used for each learning objective; (D)implement a structured learning method by which each student is able to attain each learning objective; (E)provide a means of diagnostic assessment of each student's performance on an ongoing basis during each unit of instruction, measuring what each student has learned and not learned at regular intervals throughout each unit of instruction; (F)provide a means of tailoring the instruction to the needs of each student as identified in subparagraph (D) 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; (G)continue the appropriate remediation on an individualized basis until the student demonstrates achievement of mastery of each unit; and (H)require that the student demonstrate mastery of all material covered by the learning objectives for the module before the module is completed. (3)The commission must approve the method by which each of the above elements of mastery in paragraph (2)(A) - (H) of this subsection is accomplished. (4)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. Programs which consist primarily of text material will not be approved. (5)An approved instructor or the provider's coordinator/director shall grade the written course work. (6)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; (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; and (D)provide the students with the same materials given to students who attend the same course by live instruction. (ee)[(cc)] Supervised Video Instruction for elective course credit. A provider may register a course under subsection (u) [(s)] of this section to be taught by supervised video instruction if: (1)the provider complies with §535.72 of this chapter when offering and advertising the course and when completing rosters and retaining records; (2)a proctor is present during the time the video is shown; and (3)the provider discloses in any advertisement for the course that the instruction will be by supervised video instruction (ff)[(dd)] Supervised Video Instruction for required legal course credit. A provider may register a course under subsection (o) of this section to be taught by supervised video instruction if the provider: (1)complies with subsection (ee) [(cc)](1) - (3) of this section; (2)ensures that a certified instructor is available to answer students' questions or provide assistance as necessary; and (3)ensures that students receiving MCE credit for the course passed 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. (gg)[(ee)] An applicant must submit an MCE Form 3B-3, MCE Course Application Supplement to seek approval to offer an MCE distance learning required legal course and receive written acknowledgment from the commission prior to offering the course. Distance learning legal courses may be offered on or after July 1, 2005. (hh)[(ff)] For a distance learning course, an online course will not be considered complete until credit is awarded by the provider. The provider shall award the student credit for the course no earlier than 24 hours after the student starts the course and after the student completes the course requirements for credit. The provider shall report the awarding of credit to the commission either by filing a completed MCE Form 9-8, Alternative Instructional Methods Reporting Form, signed by the student, or submitting the information contained in MCE Form 9-8 by electronic means acceptable to the commission. (ii)[(gg)] A provider may use as guest speakers persons who have not been approved as instructors, provided that no more than a total of 50% of the course is taught by the unapproved persons for a registered MCE elective credit course. The commission-registered instructor must remain in the classroom during the guest speaker's presentation. (jj)[(hh)] A provider may use guest speakers who have not been approved as instructors to conduct a registered MCE elective credit course if: (1)the provider is an accredited college or university or a professional trade association as defined by §535.62(b) of this chapter; and (2)the course is supervised and coordinated by a commission-approved instructor who is responsible for verifying the attendance of all who request MCE credit.
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
TRD-200902384 Loretta R. DeHay
Interim Administrator and General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 26, 2009
For further information, please call: (512) 465-3900
|
