Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER FREQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION
RULE §535.65Responsibilities and Operations of Providers of Qualifying Courses
ISSUE 03/03/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (f)(No change.)

(g)Presentation of courses.

  (1)Classroom Delivery:

    (A)The location for the course must be:

      (i)conducive to instruction, such as a classroom, training room, conference room, or assembly hall that is separate and apart from work areas;

      (ii)adequate for the class size;

      (iii)pose no threat to the health or safety of students; and

      (iv)allow the instructor to see and hear each student and the students to see and hear the instructor, including when offered through the use of technology.

    (B)The provider must:

      (i)check the photo identification of each student at class sign up and when signing in for each subsequent meeting of the class;

      (ii)ensure the student is present for the course for the hours of time for which credit is awarded;

      (iii)provide a 10 minute break per hour at least every two hours; and

      (iv)not have daily course segments that exceed 12 hours.

     (C)If the course is a qualifying or non-elective continuing education course delivered through the use of technology and there are more than 20 students registered for the course, the provider will also use:

      (i)a monitor at the broadcast origination site to verify identification of each student, monitor active participation of each student and facilitate questions for the instructor; and

      (ii)a proctor at each remote site with more than 20 students to verify identification of each student, monitor active participation of each student and proctor any on-site examination.

    (D)[(C)] Makeup Session for Classroom Courses.

      (i)A provider may permit a student who attends at least two-thirds of an originally scheduled qualifying course to complete a makeup session to satisfy attendance requirements.

      (ii)A member of the provider's staff must approve the makeup procedure to be followed. Acceptable makeup procedures are:

        (I)attendance in corresponding class sessions in a subsequent offering of the same course; or

        (II)the supervised presentation by audio or video recording of the class sessions actually missed.

      (iii)A student shall complete all class makeup sessions no later than the 90th day after the date of the completion of the original course.

      (iv)Dropped status may not be changed by makeup sessions, and any hours accumulated by a student may not be transferred to any other course, prior to being dropped from a course.

      (v)A student who attends less than two-thirds of the originally scheduled qualifying course is not eligible to complete a makeup session. The student shall automatically be dropped from the course with no credit and the provider shall report the student's status to the Commission.

  (2)Distance Education Delivery. The provider must ensure that:

    (A)the student taking all topics of the course and completing all quizzes and exercises is the student receiving credit for the course through a validation process that meets guidelines approved by the Commission;

    (B)an approved instructor is available to answer students' questions or provide assistance as necessary in a timely manner;

    (C)a student has completed all instructional modules and attended any hours of live instruction required for a given course; and

    (D)an approved instructor is responsible for providing answers and rationale for the grading of the written course work.

  (3)A provider is not required to present topics and units in the order outlined for a course on the corresponding course approval form.

  (4)The periods of time prescribed to each unit of a topic for a qualifying course as outlined on the corresponding course approval form are recommendations and may be altered to allow instructors flexibility to meet the particular needs of their students.

(h) - (m)(No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 15, 2017

TRD-201700649

Kerri Lewis

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 2, 2017

For further information, please call: (512) 936-3092



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