201 KAR 11:240. Distance education requirements

Link to law: http://www.lrc.ky.gov/kar/201/011/240reg.htm
Published: 2015

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.
Read Entire Law on www.lrc.ky.gov