CHAPTER 17
APPROVAL OF SCHOOLS, COURSES AND INSTRUCTORS
[Prior to 9/4/02, see 193E—3.5(543B)]
193E—17.1(543B) Administrative requirements for schools, courses and instructors. All schools, courses and instructors of prelicense and continuing education must receive advance approval of the commission.
	17.1(1) Schools, courses and instructors are approved on forms prescribed by the commission for 24-month periods, including the month of approval. Approval must be obtained for each course that an instructor proposes to teach.
	17.1(2) A course outline and all required forms shall be submitted for approval at least 30 days prior to the first offering of the program, course or activity.
	17.1(3) Evidence of compliance with or exemption from Iowa Code sections 714.14 to 714.25 must be furnished to the commission.
	17.1(4) Potential participants of all approved courses shall be clearly informed of the hours to be credited, policies concerning registration, payment of fees, refunds and attendance requirements.
	17.1(5) School staff and instructors shall allow access to any classes conducted to any member of the commission or its duly appointed representatives.
	17.1(6) No part of any approved course shall be used to advertise or solicit orally or in writing any product or service.
	17.1(7) The school must show that procedures are in place to ensure that the student who completes an approved course is the student who enrolled in the course.
	17.1(8) School staff and instructors shall be available during normal business hours to answer student questions and provide assistance as necessary.
	17.1(9) The commission may at any time evaluate an approved school or instructor. If the commission finds there is a basis for consideration of revocation of the approval of the school or the instructor, the commission shall give notice by ordinary mail to the coordinator of that school or to the instructor of a hearing on the possible revocation at least 20 days prior to the hearing.
	17.1(10) The commission may deny or withdraw approval of a program, course, or activity, but the decision to deny or withdraw approval may be appealed within 20 days of the date of mailing the notice of denial or withdrawal.
	17.1(11) Each application for approval shall designate an individual as coordinator for the school in responsible charge of its operation who shall be the contact with the commission. The coordinator is responsible for complying with the commission’s rules relating to schools and for submitting reports and information as may be required by the commission.
	17.1(12) An approved school shall not apply to itself either as part of its name or in any other manner the designation of “college” or “university” in such a way as to give the impression that it is an educational institution conforming to the standards and qualifications prescribed for colleges and universities unless the school, in fact, meets those standards and qualifications.
	17.1(13) Advertising and prospectus information. No approved school shall provide any information to the public or to prospective students that is misleading in nature.
	17.1(14) Maximum hours of instruction. There shall be no more than eight classroom hours in any single day of instruction.
	17.1(15) Each approved school shall establish and maintain for each individual student a complete, accurate and detailed record of instruction undertaken and satisfactorily completed in the areas of study prescribed by these rules. The records shall be maintained for a period of not less than five years. The commission shall assign a number to each approved school and shall assign a number to each approved program, course or activity. The approved school shall include these reference numbers in correspondence with the commission and must include these numbers on certificates of attendance issued by the approved school.
193E—17.2(543B) Certificates of attendance.
	17.2(1) Each approved school under rule 193E—17.1(543B) shall provide an individual certificate of attendance to each licensee upon completion of the program, course, or activity. The certificate shall contain the following information:
	a. 	School name and number;
	b. 	Program, course or activity name and number;
	c. 	Name and address of licensee;
	d. 	Date program, course or activity was completed;
	e. 	Number of approved credit hours;
	f. 	Signature of coordinator or other person authorized by the commission; and
	g. 	A notation as to whether credit hours are to be used as prelicense or as continuing education.
	17.2(2) Salespersons taking broker prelicense courses may request two certificates, one identified as prelicense course credit and one identified as continuing education course credit.
	17.2(3) The attendance certificate shall be no larger than 8 ½″ × 11″.
	17.2(4) An attendance certificate shall not be issued to a licensee who is absent from a continuing education program, course, or activity. The program, course, or activity must be completed in its entirety. A student who arrives late, leaves during class or leaves early shall not receive an attendance certificate.
193E—17.3(543B) Instructors taking license examinations for auditing purposes.
	17.3(1) Instructors who take the salesperson or broker examination for auditing purposes must first obtain written consent from the commission.
	17.3(2) Any instructor who wishes to retake an examination for auditing purposes may be granted permission after 12 months have passed.
193E—17.4(543B) Continuing education credit for instructors.
	17.4(1) Commission-approved instructors may receive up to six hours of continuing education credit toward renewal of a real estate license for verified attendance at an instructor development workshop approved by the commission. The instructor may use continuing education credit only once in each three-year renewal period.
	17.4(2) An instructor may receive continuing education credit for approved education courses that the instructor teaches, but not more than six hours of credit in any three-year license renewal period.
193E—17.5(543B) Acceptable course topics.
	17.5(1) The commission will consider courses in the following areas to be acceptable for approval:
	a. 	Real estate ethics;
	b. 	Legislative issues that influence real estate practice, including both pending and recent legislation;
	c. 	The administration of licensing provisions of real estate law and rules, including compliance and regulatory practices;
	d. 	Real estate financing, including mortgages and other financing techniques;
	e. 	Real estate market analysis and evaluation, including site evaluations, market data, and feasibility studies;
	f. 	Real estate brokerage administration, including office management, trust accounts, and employee contracts;
	g. 	Real estate mathematics;
	h. 	Real property management, including leasing agreements, accounting procedures, and management contracts;
	i. 	Real property exchange;
	j. 	Land use planning and zoning;
	k. 	Real estate securities and syndications;
	l. 	Estate building and portfolio management;
	m. 	Accounting and taxation as applied to real property;
	n. 	Land development;
	o. 	Market analysis; and
	p. 	Real estate market procedures.
	17.5(2) Other course topics. A course topic may be approved if it is determined that it includes such facts, concepts and current information about which licensees must be knowledgeable to conduct real estate negotiations and transactions and better protect client, customer and public interest. The same criteria will be used to evaluate courses that do not otherwise qualify under rule 193E—17.5(543B).
193E—17.6(543B) Nonqualifying courses. The following course offerings do not qualify as continuing education:
	17.6(1) Courses of instruction designed to prepare a student for passing the real estate salesperson examination;
	17.6(2) Sales promotion or other meetings held in conjunction with a licensee’s general business;
	17.6(3) Course time devoted to breakfast, lunch, or dinner;
	17.6(4) A course certified by the use of a challenge examination. All students must complete the required number of classroom hours to receive certification;
	17.6(5) Meetings which are a normal part of in-house staff or employee training;
	17.6(6) Orientation courses for licensees, such as those offered through local real estate boards.
193E—17.7(543B) Standards for approval of courses of instruction. The commission may approve live classroom instruction, distance education programs and paper and pencil home-study courses, subject to the following conditions:
	17.7(1) The course pertains to real estate topics that are integrally related to the real estate industry; and
	17.7(2) The course allows the participants to achieve a high level of competence in serving the objectives of consumers who engage the services of licensees; and
	17.7(3) The course qualifies for at least one credit hour.
193E—17.8(543B) Responsibilities of instructors and course developers.
	17.8(1) Instructors shall be competent in the subject matter and skilled in the use of appropriate teaching methods that have been proven effective through educational research and development.
	17.8(2) Course content and materials must be accurate and consistent with currently accepted standards relating to the program’s subject matter.
	17.8(3) Instructor and student materials must be updated no later than 30 days after the effective date of a change in standards, laws or rules. Course content will not be considered current and up-to-date unless the new standards have been incorporated into the course or the instructor informs the participants of the new standards.
	17.8(4) Instructors shall attend workshops or instructional programs, as reasonably requested by the commission, to ensure that effective teaching techniques are used and current, relevant and accurate information is taught.
	17.8(5) All courses shall have an appropriate means of written evaluation by the participants. Evaluations shall include but not be limited to relevance of material, effectiveness of presentation and course content.
193E—17.9(543B) Standards for approval of classroom courses.
	17.9(1) The commission may approve live classroom courses, subject to the following requirements.
	17.9(2) The course application shall be accompanied by a comprehensive course outline that includes:
	a. 	Description of course.
	b. 	Purpose of course.
	c. 	Level of difficulty.
	d. 	Detailed learning objectives for each major topic that specify the level of knowledge or competency the student should demonstrate upon completing the course.
	e. 	Description of the instructional methods utilized to accomplish the learning objectives.
	f. 	Copies of all instructor and student course materials.
	g. 	Course examination(s) or the diagnostic assessment method(s) utilized to achieve the course learning objectives, when applicable.
	h. 	A description of the plan in place to periodically review course material with regard to changing federal and state statutes.
	i. 	A statement of any attendance make-up policy that the school has in place.
193E—17.10(543B) Standards for approval of distance education courses. The commission may approve distance education courses, subject to the following requirements:
	17.10(1) The provider’s purpose or mission statement is available to the public.
	17.10(2) The course outline must include clearly stated learning objectives and desired student competencies for each module of instruction and a description of how the program promotes interaction between the learner and the program.
	17.10(3) The course content must be accurate and up-to-date. The provider must describe the plan in place to periodically review course material with regard to changing federal and state statutes.
	17.10(4) The course must be designed to ensure that student progress is evaluated at appropriate intervals and mastery of the material is achieved before a student can progress through the course material.
	17.10(5) The provider must show that qualified individuals are involved in the design of the course.
	17.10(6) The provider must list individuals who provide technical support to students and state the specific times when support is available.
	17.10(7) A manual shall be provided to each registered student. It shall include, but not be limited to, faculty contact information, student assignments and course requirements, broadcast schedules, testing information, passing scores, resource information, fee schedule and refund policy.
	17.10(8) The provider must retain a statement signed by the student that affirms that the student completed the required work and examinations.
	17.10(9) The provider must state in the course materials that the information presented in the course should not be used as a substitute for competent legal advice.
	17.10(10) Courses submitted for approval must be sufficient in scope and content to justify the hours requested by the provider.
	17.10(11) Courses that have obtained approval from the Association of Real Estate License Law Officials (ARELLO) are automatically approved in Iowa.
	17.10(12) All computer-based continuing education and prelicense courses must be completed within six months of the date of purchase.
193E—17.11(543B) Standards for approval of paper and pencil home-study courses. The commission may approve paper and pencil home-study courses, subject to the following requirements:
	17.11(1) Courses must be arranged in chapter format and include a table of contents.
	17.11(2) Overview statements that preview the content of the chapter must be included for each chapter.
	17.11(3) Courses must be designed to ensure that student progress is evaluated at appropriate intervals. The assessment process shall measure what each student has learned and not learned at regular intervals throughout each module of the course. The student must complete and return quizzes to the provider to receive credit for the course.
	17.11(4) Final examinations must contain a minimum of 30 questions for a three-hour course and 60 questions for a six-hour course.
	17.11(5) A passing score of 90 percent is required for course credit to be granted. There is no limit to the number of times a final examination may be taken to achieve a passing score.
	17.11(6) A licensee has six months from the date of purchase to complete all quizzes and assignments and to pass the final examination.
	17.11(7) The provider must include information that clearly informs the licensee of the course completion deadline, passing score required, chapter quiz completion requirements and any other relevant information regarding the course.
	17.11(8) The provider shall state in the course materials that the information presented in the course should not be used as a substitute for competent legal advice.
	17.11(9) The provider shall retain a statement signed by the student that affirms that the student completed the required work and examinations.
	17.11(10) The provider must be available to answer student questions or provide assistance as necessary during normal business hours.
	17.11(11) Courses submitted for approval must be sufficient in scope and content to justify the hours requested by the provider.
193E—17.12(543B) Qualifying as an instructor.
	17.12(1) Individuals may be approved to teach prelicense and continuing education when they have shown proof of attendance at an instructor development workshop approved by the commission within 12 months preceding approval and have met the instructor qualification criteria.
	17.12(2) Guest speakers and individuals currently certified by a nationally recognized organization, such as a DREI, that requires similar instructor standards are exempt, with prior approval of the commission, from the instructor qualification criteria and the instructor development workshop requirement.
	17.12(3) An applicant may be approved as an instructor when it is determined that the applicant evidences the ability to teach and communicate and possesses in-depth knowledge of the subject matter to be taught.
	a. 	The applicant shall demonstrate the ability to teach by meeting at least one of the following requirements:
	(1)	Holds a bachelor’s degree or higher in education from an accredited college (copy(ies) of transcript(s) to be attached); or
	(2)	Holds a current teaching credential or certificate in any field (copy to be attached); or
	(3)	Holds a certificate of completion from a real estate instructor institute, workshop or school approved by the real estate commission and has experience in the area of instruction (specific teaching experiences to be detailed); or
	(4)	Holds a full-time current appointment to the faculty of an accredited college; or
	(5)	Holds a current teaching designation from an organization approved by the real estate commission (evidence to be attached).
	b. 	The applicant shall demonstrate in-depth knowledge of the subject matter by meeting at least one of the following requirements:
	(1)	Holds a bachelor’s degree or higher from an accredited college with a major in a field of study directly related to the subject matter of the course the applicant proposes to teach, such as business, economics, accounting, real estate or finance (copy of transcript to be attached); or
	(2)	Holds a bachelor’s degree or higher from an accredited college and five years of real estate experience directly related to the subject matter of the course the applicant proposes to teach (copy of transcript to be attached and documentation to explain how applicant’s experience is directly related to the subject matter the applicant proposes to teach); or
	(3)	Be a licensed attorney in practice for at least three years in an area directly related to the subject matter of the course the applicant proposes to teach; or
	(4)	Be a highly qualified professional with a generally recognized professional designation such as, but not limited to, FLI, MAI, SIOR, SREA, CRB, CRS, CPM, but not including GRI, and two years of education from a postsecondary institution (evidence of both to be attached); or
	(5)	Have extensive instructional background in real estate education and experience in real estate as evidenced by a valid broker’s license or five years of active real estate experience as a salesperson (evidence to be provided). In addition, three recently written letters of recommendation that attest to the applicant’s in-depth knowledge combined with the ability to teach and communicate the subject the applicant proposes to teach; or
	(6)	Other, as the commission may determine.
These rules are intended to implement Iowa Code chapters 17A, 272C, and 543B.
[Filed 8/9/02, Notice 6/26/02—published 9/4/02, effective 10/9/02]
[Filed 11/18/08, Notice 8/27/08—published 12/17/08, effective 1/21/09]
[Filed 12/22/08, Notice 8/27/08—published 1/14/09, effective 2/18/09]