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(8)instructor grading guidelines, including acceptable answers for lessons, assessments and examinations. (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 as approved by the commission; (B)divide each of the major units of content into modules of instruction for delivery on a computer or other approved interactive audio or audiovisual programs; (C)specify the learning objectives for each module of instruction. The learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered; (D)specify an objective, quantitative criterion for mastery used for each learning objective; (E)implement a structured learning method by which each student is able to attain each learning objective; (F)provide a means of diagnostic assessment of each student's performance on an ongoing basis during each module of instruction, measuring what each student has learned and not learned at regular intervals throughout each module of instruction, and specifically assessing the mastery of each concept covered in the content material; (G)provide a means of tailoring the instruction to the needs of each student as identified in subparagraph (E) of this subsection. The process of tailoring the instruction shall ensure that each student receives adequate remediation for specific deficiencies identified by the diagnostic assessment; (H)continue the appropriate remediation on an individualized basis until the student demonstrates achievement of each mastery criterion; and (I)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) - (I) 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. The following types of programs will not be approved: (A)those which consist primarily of text material; (B)those which primarily consist of questions similar to those on the state licensing examination; or (C)those which consist primarily of combinations of the elements in subparagraphs (A) and (B) of this paragraph. (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; and (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. (cc)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. (dd)For a distance learning course, the provider shall award the student credit for the course upon completion of the course requirements for credit and shall report the awarding of credit to the commission. Course credit must be reported either by the provider filing a completed MCE Form 9-7 signed by the student, or submitting the information contained in MCE form 9-7 by electronic means acceptable to the commission. (ee)A provider may use as guest speakers persons who have not been approved as instructors, provided that no more than a total of 25% of the course is taught by the unapproved persons during a registered MCE elective credit course. The commission-registered instructor must remain in the classroom during the guest speaker's presentation.
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 9, 2004
TRD-200403789 Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: July 25, 2004
For further information, please call: (512) 465-3900
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