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 11/06/2009
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) - (4)(No change.)

  (5)For a correspondence course, the course must have been offered by or in association with an accredited college or university, and students receiving credit for the course must pass either:

    (A)a proctored final examination administered under controlled conditions to positively identified students 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 course credit.

   (6)If a correspondence course was offered by a proprietary school in association with an accredited college or university, the proprietary school has certified to the commission that the course was offered in accordance with the college or university's curriculum accreditation standards. Using the name of the proprietary school "in association with" the name of the college or university on the course completion certificate or electronic course submission constitutes certification to the commission that the course was offered in compliance with the college or university's curriculum accreditation standards.

  (7)[(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.

    (B)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.

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

    (D)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 credit.

  (8)[(7)] The student must not have completed more than one course with substantially the same course content within a three year period.

  (9)[(8)] The course did not primarily concern techniques or procedures utilized by a particular brokerage or organization.

  (10)[(9)] For a classroom course, the course was offered in a location conducive to instruction that is separate and apart from the work area, such as a classroom, training room, conference room, or assembly hall.

(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 21, 2009

TRD-200904803

Devon V. Bijansky

Assistant General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: December 6, 2009

For further information, please call: (512) 465-3926



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