Texas Register

RULE §535.64Accreditation of Schools and Approval of Courses and Instructors
ISSUE 11/06/2009
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (d)(No change.)

(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 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 subsection (e)(2) of this section, who passed the examination on their first attempt in the five-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 may consider a variety of factors, including the separate passage rates for sales, broker, and inspector applicants and trends within the school's passage rate over the five-year accreditation period,

(f) - (g)(No change.)

(h)Obtaining approval to offer course. An applicant shall submit Form ED 3-1 the first time approval is sought to offer a course. Once a course has been approved, no further approval is required for another accredited school to offer the same course. Prior to advertising or offering the course, however, the subsequent provider shall complete Form ED 3-1, file the form with the commission and receive written or oral acknowledgment from the commission that all necessary documentation has been filed. A school shall submit an instructor's manual for each proposed course. The commission may require a copy of the course materials and instructor's manual to be submitted for each previously approved course the school intends to offer. Subsequent providers shall offer the course as originally approved or as revised with the approval of the commission and shall use all materials required in the original or revised course. Each manual must comply with Form ED 7-1, Instructor Manual Guidelines. Schools may offer a course using an alternative delivery method such as computers if the course satisfies the requirements for such a course contained in §535.62(d)(7)[ (6)] of this title (relating to Acceptable Courses of Study). For the purpose of approval of courses, a correspondence course offered in association with an accredited college or university in accordance with §535.62(d)(6) of this title is equivalent to a correspondence course offered by an accredited college or university.

(i) - (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 October 21, 2009


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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