GENERAL GOVERNMENT
CABINET
Kentucky Real Estate
Commission
(As Amended at ARRS,
October 13, 2015)
201 KAR 11:240. Distance education requirements.
RELATES TO: KRS 324.046(5), 324.085(1),
(2), 324.281(7)
STATUTORY AUTHORITY: KRS 324.085(1), (4),
324.281(5), (7), (8), 324.282
NECESSITY, FUNCTION, AND CONFORMITY: KRS
324.282 authorizes the Kentucky Real Estate Commission to promulgate
administrative regulations necessary to carry out and enforce the provisions of
KRS Chapter 324. KRS 324.085(4) requires the commission to promulgate
administrative regulations for implementing continuing education and
post-education requirements and instructor approval. This administrative
regulation establishes the requirements for courses offered through distance
education.
Section 1. Definitions. (1)
"Continuing education course" means a course approved pursuant to
the requirements set forth in KRS 324.085(1) and 201 KAR 11:230[program
of at least three (3) fifty-(50) minute hours taken primarily to satisfy
license renewal requirements for individuals holding a sales associate’s
license or a broker’s license].
(2) "Distance education course"
means a continuing or post-license education course or a pre-license
course that:
(a) Is taught in a
setting in which[where] the teacher and the student
are in separate locations; and
(b)[that] Uses
instructional methods that include internet-based training, computer-based
training (CBT), satellite transmission, or teleconferencing.
(3) "Post-license education
course" means a course that satisfies the forty-eight (48) hours of education
that is required within two (2) years of receiving or activating an initial
sales associate license.
(4) "Pre-license[Prelicense]
course" means a course that satisfies an education requirement to obtain a
real estate sales associate’s or broker’s license, generally consisting of
forty-eight (48) fifty (50) minute hours or more.
Section 2. Distance Education Standards
for Approval[Process Course Requirements]. (1)(a) The design and
format of all continuing education, post-license education, and pre-license[prelicense]
courses offered through means of distance education shall satisfy the
requirements of this administrative regulation and Distance
Education Guidelines of the commission[shall be certified
by the Association of Real Estate License Law Officials (ARELLO) or the
International Distance Education Certification Center (IDECC)].
(b) Continuing education, post-license
education, and pre-license[prelicense] courses conducted for
academic credit in an accredited college or university via interactive
television shall be exempt from paragraph (a) of this subsection[this
requirement], but shall satisfy the requirements established in
Section 5 of this administrative regulation.
(2) A course shall be offered only in
the delivery format in which it was approved[Any secondary provider, who
obtains an ARELLO or IDECC certified course from a primary provider or course
developer, shall obtain the certification as a secondary provider before the
course may be offered to Kentucky licensees].
(3)(a) An instructor for a distance
education course shall be approved by the commission pursuant to the
requirements set out in 201 KAR 11:175[A course shall be offered only in
the delivery format in which it was certified. Components of the course may not
be added, deleted or altered by the provider in order to fulfill different
licensing requirements for a particular jurisdiction.
(4)(a) An instructor for a distance
education course shall be approved by the commission pursuant to the
requirements set out in 201 KAR 11:175].
(b) Each course shall have an approved
instructor available to answer questions from students.
(c) The individual applying for approval
as an instructor shall complete the course before submitting the application to
the commission for its approval and shall submit evidence of course completion
with the application.
(4)(a) [The commission
shall require approval of the]Course content shall
be approved as established in 201 KAR 11:170, 201 KAR 11:230,
and 201 KAR 11:235.
(b) The content of the course shall be
in a topic specifically related to real estate.
(c) License law or regulations from
other states and general skills computer classes shall not satisfy this
course-content requirement.
(5)(a)[If the ARELLO or IDECC
certification is discontinued for any reason, the provider shall immediately
notify the commission.
(b) Approval of the course shall be
suspended pending recertification.
(c) If the certification for a primary
provider is discontinued for any reason, any approved secondary provider’s
approval shall also be suspended pending recertification of the primary
provider.
(6)(a) The commission shall require
approval of the course content as established in 201 KAR 11:170 and 201 KAR
11:230.
(b) The content of the course shall be
in a topic specifically related to real estate.
(c) License law or regulations from
other states and general skills computer classes shall not
satisfy this course-content requirement.
(7)(a)] The provider shall be
approved by the commission and meet all other requirements for education as established[outlined]
in KRS Chapter 324 and its administrative regulations.
(b) A course shall be open to all
licensees.
Section 3. Distance Education Course
Requirements. [(1)]A distance education course shall provide
mastery of the material and be developed in accordance with this
section.
(1)[the following
guidelines:
(a)] The material
shall be divided into learning units, modules, or chapters.[;
(b)] Each unit shall
contain learning objectives that are comprehensive enough to ensure that the
course will likely be mastered by the student upon completion of the material.
(2)[;
(c)] The course
shall provide a structured learning method designed to enable students to
attain each objective.
(3)[;
(d)] The course
shall:
(a) Provide a means
to assess the student’s performance on a regular basis during each unit of
instruction and before proceeding to the next unit; and
(b)[(e)] Provide
a method for tracking the length of time a student spends on the course[1.
The course shall provide a method for tracking the length of time a student
spends on the course].
(4)[2.] A
student shall not be able to bypass the course materials and advance directly
to the end-of-module quizzes or exercises that are included to assess the
student’s performance.
(5)[;
(f)] Security shall
be provided to ensure that the student receiving credit is the one who actually
completes the course.
(6)(a)[;
(g)1.] For a
continuing and post-license education course, the student shall pass a
final exam with a score of at least seventy-five (75) percent that shall
be included as the last module of the course, in order to receive credit.
(b)[2.] No
more than two (2) retakes[One (1) retake] of the final examination
shall be allowed.
(c)[3.] Each
course shall have an item bank from which the final examination questions shall
be pulled.
(d)[4.] The
bank shall contain multiple choice items and have forty (40)[thirty
(30)] percent more questions than required on the final examination, so
that retake exams will contain[have some] unique new questions.
(e)[5.] The
final examination shall have a minimum of five (5) questions for each
approved hour of education.[: a. Twenty-five (25) questions for a three
(3) hour course;
b. Thirty (30) questions for a four
(4) hour course; and
c. Fifty (50) questions for a six (6)
hour course;]
(7)(a)[(h)1.]
A pre-license[prelicense] distance education course shall contain
a monitored final examination arranged for the student by the instructor for
the course.
(b)[2.] The
examination shall cover both the content area covered by the course and the
applicable real estate laws and administrative regulations that[which]
apply to those content areas.
(c)[3.] Each
course shall have an item bank from which the final examination questions shall
be pulled.
(d)[4.] The
bank shall contain multiple choice items and have forty (40)[thirty
(30)] percent more questions than required on the final examination, so
that retake exams will have some unique new questions.
(e)[5.]a.
A forty-eight (48) hour course shall contain a minimum of fifty (50)[:
a. Seventy-five (75)] items.[;
and]
(f)[b.] A
ninety-six (96) hour course shall contain at least 100 questions.
(g)[6. No]
More than two (2) retakes of the[One (1) retake] exam shall not
be allowed.
(h)[;
(i)]1. A pre-license[prelicense]
final examination shall be monitored by the approved instructor for the course
or another individual designated by the instructor who is not a relative or a
business associate of the student.
2. The monitor may be:
a. A certified librarian;
b. A public school administrator;
c. A college professor;[or]
d. Other [approved]real
estate instructor [who may be]associated with the school
that offers the course; or
e. A monitor from a qualified online
test monitoring service.
3. The monitor shall sign a statement
that he or she is not affiliated with the student in any way.
4. The monitor shall:
a. Verify that the person taking the
examination is the person registered for the course;
b. Observe the student taking the exam;
c. Assure that the student does not use
aids of any kind;
d. Assure that a calculator is
nonprogrammable;
e. Assure that [any time]limitations
on the final examination are not exceeded;
f. Certify to the provider that all
requirements for the final examination have been met;[and]
g. Submit to the provider[,]
a signed and notarized statement to that effect; and
h. Assure that any student’s mobile
device, cell phone, or camera is shut down and put away, while at the test
site.
(i)[(j)]1.
Each student shall complete an affidavit that[which] certifies
that he or she has personally completed all components of the course and the
final exam with no assistance from persons other than the instructor.
2. The certification shall include the
date of completion and the student’s signature, which may be provided
electronically.
3. Credit shall[may]
be denied and disciplinary action taken if it is determined that a licensee
received assistance on a distance education course or the final exam.
4.a.[(2)(a)] To obtain
credit for a distance education course, a licensee shall complete the course
within the time frame allotted by the school for pre-license[prelicense]
courses or within the calendar year for continuing and post-license education,
unless the licensee is completing the course to comply with a continuing
education delinquency plan as outlined in 201 KAR 11:230, or to comply with an
order of the commission.
b. The[(b)] completion date
for all courses shall be the date the student completes the final examination
with a passing score of at least seventy-five (75) percent, and submits the
evaluation and the student affidavit.
Section 4. Distance Education Provider
Requirements. (1)(a) A provider shall submit the appropriate application for
approval and the Distance Education Checklist and Information Sheets – Form
E114[a copy of the ARELLO or IDECC certification form and summary sheet].
(b) The application shall include:
1. A complete copy of the program on the
medium that is to be used;
2. All hardware or software required to
review the material;
3. A link to the internet site;
4. A copy of the final examination
question bank and key for each course; and
5. A copy of any student materials.
(c) The application and other required
documents shall be submitted at least sixty (60)[forty-five (45)]
days prior to the commission’s meeting date, to allow adequate time for review.
(2) The provider shall have reasonable
oversight to monitor a student’s work and electronic access[of
a student’s work] in order to ensure that the student completing
the work is the one who is enrolled in the course.
(3)(a) The provider shall ensure that
approved instructors are available to assist students who have questions regarding:
1. The technology used in the delivery;
2. The course content; or
3. The completion requirements.
(b) [The provider shall ensure
that the approved instructor has knowledge of both the content and the
technology required to complete the program.
(c)]A student shall
not be required to call more than one (1) person to obtain answers to
questions about the course.
(4)(a) The provider shall include a
complete description of the hardware and software or other technology required
by the student in order to complete the course.
(b) The provider shall include an
explanation of the safeguards against loss of data resulting from inadvertent
hardware or software failure.
(5) The provider shall include a detailed
explanation of how the course measures, documents and records the student
completion of the material, and any activities or exercises required to achieve
mastery of the material.
(6)(a) The provider shall obtain an
evaluation from each student[on forms developed by and available from ARELLO
or IDECC, whichever is applicable].
(b) An evaluation may be submitted to the
provider electronically and a copy of each form shall be returned along with
the attendance roster and other documents required by the commission for continuing
education courses.
(c) Attendance rosters for each approved
continuing and post-license education course shall be submitted on a
semi-monthly basis and shall include:
1. Provider’s name;
2. Course name and number assigned by the
commission;
3. Total enrollment for the month;
4. Licensee’s full legal name;
5. Licensee’s residence
address;
6. Licensee’s identifying
information; and
7. The date of completion for each
student, so that compliance with various deadlines can be verified.
(d) A completion certificate shall be issued
to the student upon completion of the course, submission of the evaluation,
signing of the affidavit, and passing the final exam.
(7)(a) For a pre-license[prelicensure]
course, a provider shall issue a completion certificate to the student. The
document shall contain:
1. The provider’s name;
2. Course name;
3. Number of hours earned;
4. Beginning and completion date for the
course;
5. Student’s full legal name; and
6. Licensee’s residence
address.
(b) This document shall be submitted with
the student’s license application.
Section 5. Interactive Television
Requirements. (1)[(1)] A course offered for
academic credit via interactive television in an accredited college or
university shall include[require the following][not
be subject to the ARELLO or IDECC certification requirement, if the following
criteria are met]:
(a)[(1)][(a)][There
shall be] Two (2) way audio and video connections between the
instructor and the student; and
(b)[(2)][(b)]
College personnel [shall be]stationed at each remote site
to handle technology problems that may arise and to monitor attendance of
students during the class.
(2)[; and
(3)][(c)]
The program shall be one that has been properly approved by the college
accrediting body as fulfilling the requirements for academic credit[; and
(d) Documentation shall be supplied to
the commission along with the application for approval which outlines the
compliance with this criteria.
(e) The course or program shall be
ARELLO or IDECC certified, if any of the requirements in paragraphs (a) through
(d) are not met].
Section 6. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Distance
Education Checklist and Information Sheets – Form E114[Information
Sheet]", 06/15[09/07] edition, Kentucky Real Estate
Commission; and
(b) “Distance Education
Guidelines”, 9/2015[, is incorporated by reference].
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky Real
Estate Commission, 10200 Linn Station Road, Suite 201, Louisville, Kentucky
40223, Monday through Friday, 8 a.m. to 4:30 p.m.
JIM HUFF, Chairperson
APPROVED BY AGENCY: June 22, 2015
FILED WITH LRC: June 29, 2015 at 11 a.m.
CONTACT PERSON: Rhonda K. Richardson,
General Counsel, Kentucky Real Estate Commission, 10200 Linn Station Road,
Suite 201, Louisville, Kentucky 40223, phone (502) 429-7250, fax (502)
429-7246.
