WSR 03-09-058



[ Filed April 14, 2003, 12:05 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-03-080.

Title of Rule: Will amend WAC 308-124H-029 and 308-124H-061(6).

Purpose: Provide for mandatory evaluations on distance education courses and require that providers explain how they arrived at the number of hours requested for a course. Also amends rules for denial or withdrawal of course approval.

Statutory Authority for Adoption: RCW 18.85.040(1).

Statute Being Implemented: RCW 18.85.040(4).

Summary: To amend rules relating to distance education delivery method approval criteria so as to provide for mandatary student evaluations for each course and to require providers to explain how they arrived at the number of clock hours requested. Will also amend rules for grounds for denial or withdrawal of course approval to include failing to meet the requirements under WAC 308-124H-026 and 308-124H-029.

Reasons Supporting Proposal: To provide better information for the department to assess eligibility for course approval and to provide better information in the event of an investigation.

Name of Agency Personnel Responsible for Drafting: Jana L. Jones, DOL Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524; Implementation and Enforcement: DOL Real Estate Program, DOL Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524.

Name of Proponent: Washington State Real Estate Commission and Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Requires student evaluations on each distance education course. Requires providers to explain how they arrived at number of hours requested for course approval. Amends rule allowing for withdrawal of course approval.

Proposal Changes the Following Existing Rules: Amends WAC 308-124H-029 and 308-124H-061(6) to require student evaluations of distance education courses.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does [not] impact small business.

RCW 34.05.328 does not apply to this rule adoption. Department of Licensing exempt.

Hearing Location: AmeriTel Inn, 4520 Martin Way, Olympia, WA 98516, on June 12, 2003, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jana Jones by June 11, 2003, TDD (360) 753-1966 or (360) 664-6524.

Submit Written Comments to: Jana L. Jones, Assistant Administrator, Real Estate, P.O. Box 2445, Olympia, WA 98507, fax (360) 58-0998 [586-0998], by June 11, 2003.

Date of Intended Adoption: June 12, 2003.

April 14, 2003

Alan E. Rathbun

Assistant Director

Business and Professions Division


AMENDATORY SECTION(Amending WSR 03-02-001, filed 12/19/02, effective 1/19/03)

WAC 308-124H-029   Distance education delivery method approval required.   Applicants are required to submit an application for each separate distance education delivery method for which they propose to offer approved courses for clock hours. When submitting a distance education delivery method application, the following minimum criteria must be provided by the applicant:

(1) Specify the course learning objectives for each learning unit and clearly demonstrate that the learning objectives cover the subject matter and how these relate to the practice of real estate. Objectives must be specific to ensure that all content is covered adequately to ensure mastery;

(2) Demonstrate how mastery of the material is provided by:

(a) Dividing the material into major learning units, each of which divides the material into modules of instruction;

(b) Specifying learning objectives for each learning unit or module of instruction. Learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered;

(c) Specifying an objective, quantitative criterion for mastery used for each learning objective and provide a structured learning method designed to enable students to attain each objective;

(3) Demonstrate that the course includes the same or reasonably similar informational content as a course that would otherwise qualify for the requisite number of clock hours of classroom-based instruction and how the provider will know that the student completed the required number of clock hours;

(4) Describe consistent and regular interactive events appropriate to the delivery method. The interactive elements must be designed to promote student involvement in the learning process, and must directly support the student's achievement of the course learning objectives. The application must identify the interactive events included in the course and specify how the interactive events contribute to achievement of the stated learning objectives;

(5) Demonstrate how the course provides a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process;

(6) Measure, at regular intervals, the student's progress toward completion of the mastery requirement for each learning unit or module. In the case of computer-based instruction, the course software must include automatic shutdown after a period of inactivity;

(7) Demonstrate that approved instructors are available to answer questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, e-mail and fax;

(8) Demonstrate how reasonable security will be provided to ensure that the student who receives credit for the course is the student who enrolled in and completed the course. Both the approved school and the student must certify in writing that the student has completed the course, and the required number of clock hours;

(9) Provide a complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software, or other technologies to the achievement of the course's instructional claims; ((and))

(10) Provide an orientation session with the instructor or an affiliated representative of an approved school. Mechanisms must be clearly in place which allow students an early orientation to discuss course specifics;

(11) Demonstrate how the provider determined the number of clock hours requested in the distance education delivery method approval application; and

(12) Provide with each distance education delivery method approval application a copy of a course evaluation form. The provider must provide each student with the mandatory evaluation form and retain the completed form in the school records as required under WAC 308-124H-245(4).

[Statutory Authority: RCW 18.85.040(1). 03-02-001, 308-124H-029, filed 12/19/02, effective 1/19/03. Statutory Authority: RCW 18.85.040 and The Governor's Order on Regulatory Improvement 97-02. 00-08-035, 308-124H-029, filed 3/29/00, effective 7/1/00.]

AMENDATORY SECTION(Amending WSR 02-03-056, filed 1/10/02, effective 2/10/02)

WAC 308-124H-061   Grounds for denial or withdrawal of course approval.   Course approval may be denied or withdrawn if the instructor or any owner, administrator or affiliated representative of a school, or a course provider or developer:

(1) Submits a false or incomplete course application or any other information required to be submitted to the department;

(2) Includes in its title the phrase "real estate fundamentals," "real estate brokerage management," "real estate law," "business management," and "real estate practice" if the course was not submitted for approval of clock hours pursuant to WAC 308-124H-012;

(3) If the title of the course misleads the public and/or licensees as to the subject matter of the course;

(4) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;

(5) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;

(6) Failed to meet the requirements under WAC 308-124H-025, 308-124H-026, and 308-124H-029;

(7) If a course or prescribed core curriculum was approved through the mistake or inadvertence of the director((;

(8) If course approval was granted through the mistake or inadvertence of the director)).

[Statutory Authority: RCW 18.85.040(1). 02-03-056, 308-124H-061, filed 1/10/02, effective 2/10/02. Statutory Authority: RCW 18.85.040 and The Governor's Order on Regulatory Improvement 97-02. 00-08-035, 308-124H-061, filed 3/29/00, effective 7/1/00. Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, 308-124H-061, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 18.85.040. 90-10-010, 308-124H-061, filed 4/20/90, effective 8/1/90.]

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