22 TAC §535.66
The Texas Real Estate Commission proposes an amendment to
§535.66, concerning schools accredited by the commission. The amendment
would require core real estate courses to be updated by accredited schools
to ensure that the course content is accurate and current. Core real estate
courses are taken by prospective real estate licensees and are required for
a person to obtain a real estate license. Schools would be required to file
copies of revised course materials and course content outlines with the commission
prior to implementation of the changes. The amendment also would adopt an
evaluation form for use in measuring the performance of instructors and the
presentation of a core course. The schools could continue to use their own
forms for routine evaluations, but the Commission would have the authority
to require the approved form to be used and returned directly to the Commission
as an additional means of measuring the quality of education delivered to
the student. Adoption of the amendment would assist the commission in determining
that the core real estate courses offered by schools accredited by the commission
contain current and accurate subject matter and are properly taught.
Mark A. Moseley, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
There is no anticipated impact on local or state employment as a result of
implementing the section.
Mr. Moseley also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a
result of enforcing the section will be the enhanced quality of education
offered by core real estate education providers accredited by the commission.
There will be no effect on small businesses. The only anticipated economic
cost to persons who are required to comply with the proposed section would
be the cost of revising course materials, which will vary with the course
and subject and is therefore indeterminant. Since schools revise their materials
on a continuing basis, adoption of the amendment is not expected to increase
a school's operating costs materially. The amendment may also cause some
schools the nominal expense of reproducing the one-page
evaluation
form for distribution to students; this expense will vary with the number
of students in attendance and is also indeterminant. As proposed, the section
would only require the school to use the evaluation form adopted by the commission
if the commission requests the school to do so.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The amendment affects Texas Civil Statutes, Article 6573a.
§535.66.Educational Programs: Accreditation.
(a)
(No change.)
(b)
The Texas Real Estate Commission adopts by reference the
following forms approved by the commission [in 1995]. These documents are
published by and available from the Texas Real Estate Commission, P.O. Box
12188, Austin, Texas 78711-2188.
(1)-(5)
(No change.)
(6)
Form SCH 4A-0, Instructor Application Supplement;
[and]
(7)
Form SCH 5-0, Real Estate School Bond
and
(8)
Instructor and Course Evaluation Form, Form SCH 6-0.
(c)-(r)
(No change.)
(s)
Schools shall update course materials
during the period of time a course may be given to ensure that current and
accurate information is provided to students. Updated course materials and
revisions of the course outline must be filed with the commission prior to
implementation, and the commission may direct a school to revise the materials
further or cease use of materials
. [Each accredited school shall notify
the commission in writing of the texts used in any approved course of instruction.]
The commission may direct that the school withdraw texts.
(t) - (pp)
(No change.)
(qq)
Any commission-approved course of instruction is subject
to audit by personnel authorized by the commission. Audits will be conducted
without prior notice to the school, and commission employees may enroll and
attend a course without identifying themselves as employees of the commission.
Commission employees also may evaluate the effectiveness of course materials
or instructors through surveys of students.
The commission
may require schools to furnish students with an evaluation form approved
by the commission and to request that the students complete and return the
form directly to the licensing and education division of the commission
.
An audit report
or evaluation
indicating noncompliance
with these sections will be treated as a written complaint against the school
or instructor concerned and will be referred to the enforcement division
of the commission for appropriate resolution. Commission employees may file
written complaints against providers or instructors if course completion
rosters or other documents filed with the commission provide reasonable cause
to believe a violation of these sections has occurred.
(rr) - (ss)
(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.
Issued in Austin, Texas, on January 8, 1997.
TRD-9700380
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: February 21, 1997
For further information, please call: (512) 465-3900