(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 of the Act[,] and this section [these sections]; and (3)the course does not include a request for required legal course credit. (w)[(aa)] 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 of the Act[,] and this section [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. (x)[(bb)] 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 of the Act and this section [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. (y)[(cc)] 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. (z)[(dd)] 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 of the Act and this section [these sections,] and must be substantially similar to the legal courses disseminated and updated by the Commission. (2)The course was certified by a distance learning certification center that is acceptable to the commission. (3)An approved instructor or the provider's coordinator/director graded the written course work. (4)The provider: (A)ensured that a qualified person was available to answer students' questions or provide assistance as necessary; (B)certified students as successfully completing the course only if the student: (i)completed all instructional modules required to demonstrate mastery of the material; (ii)attended any hours of live instruction and/or testing required for a given course; and (iii)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 credit; and (III)provided the students with the same materials given to students who attend the same course by live instruction. [(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.] (aa)[(ee)] Supervised Video Instruction for elective course credit. A provider may register a course under subsection (q) [(u)] 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 . (bb)[(ff)] Supervised Video Instruction for required legal course credit. A provider may register a course under subsection(l) [(o)] of this section to be taught by supervised video instruction if the provider: (1)complies with subsection(aa) [(ee)] (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. (cc)[(gg)] 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)[(hh)] 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 the form [MCE Form 9-8] by electronic means acceptable to the commission. (ee)[(ii)] 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. (ff)[(jj)] 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 August 26, 2010
TRD-201005025 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 10, 2010
For further information, please call: (512) 465-3926
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