CHAPTER 20:74:03

 

PRELICENSING EDUCATION

Section

20:74:03:01        Application for approval of classroom instruction -- Fee required.

20:74:03:01.01   Criteria for approval of classroom instruction.

20:74:03:02        Contents of home inspection course.

20:74:03:03        Qualifications for classroom instructor.

20:74:03:03.01   Instructors.

20:74:03:03.02   Application for approval of instructor -- Guest speakers exempt.

20:74:03:03.03   Utilization of guest speakers -- Résumé to accompany course application.

20:74:03:03.04   Certificate of instructor approval -- Approval certificates not issued to guest speakers.

20:74:03:04        Educational facilities.

20:74:03:05        Instructional techniques.

20:74:03:06        Approval of classroom instruction, distance education, or independent study course.

20:74:03:07        Classroom hour.

20:74:03:08        Hours of instruction.

20:74:03:09        Certificate of approval.

20:74:03:10        Examination.

20:74:03:11        Reexamination.

20:74:03:12        Schedule.

20:74:03:13        Auditing.

20:74:03:14        Withdrawal of course or instructor approval.

20:74:03:14.01   Denial of course or instructor approval.

20:74:03:15        Withdrawal of approval for inactivity.

20:74:03:16        Conditions for credit for alternative courses.

20:74:03:17        Application for credit for alternative courses.

20:74:03:18        Credit for previously unapproved courses.

20:74:03:19        Prelicensing education certificate of attendance.

20:74:03:20        Course provider reporting requirements.

20:74:03:21        Preregistration allowed -- Notice of cancellation required.

20:74:03:22        Application for approval of distance education or independent study.

20:74:03:23        Additional requirements for distance education course offerings.

20:74:03:24        Distance education defined.

20:74:03:25        Independent study defined.

20:74:03:26        Standards for distance education.

20:74:03:27        Criteria for distance education or independent study course approval.

20:74:03:28        Student certification required.

20:74:03:29        Material change.

20:74:03:30        Classroom, distance education, and independent study course application fees.

          20:74:03:01.  Application for approval of classroom instruction -- Fee required. A course provider who wishes to provide classroom instruction to prospective home inspectors shall apply on a form provided by the commission. The application must be filed with the commission at least 30 days before the course begins and must include a fee pursuant to § 20:74:03:30.

          Source: 27 SDR 7, effective January 1, 2001; 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:01.01.  Criteria for approval of classroom instruction. The application form for approval of classroom instruction shall include the following information and enclosures:

          (1)  Name, address, and telephone number of the course provider;

          (2)  The title of the course;

          (3)  A complete description or copies of all materials to be distributed to the participants;

          (4)  The date and exact location of each presentation of the course;

          (5)  The duration and time of course;

          (6)  A comprehensive, detailed outline of the subject matter together with course objectives, the time sequence of each segment, faculty for each segment, and teaching technique used in each segment;

          (7)  The method of evaluation of the program;

          (8)  The procedure for measuring attendance; and

          (9)  A description of the faculty, including name, professional educational background, and practical or teaching experience. A complete résumé shall be furnished.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:02.  Contents of home inspection course. The home inspection course is a general course of the principles of home inspection and must be at least 40 hours long. The commission may vary the course from time to time. The course must include the South Dakota statutes and rules regarding home inspectors.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-5(3).

          20:74:03:03.  Qualifications for classroom instructor. Each course provider shall file an application for approval for each classroom course and an application for each instructor. Each instructor must have at least one of the following qualifications:

          (1)  A bachelor's degree in the field in which the person is to teach;

          (2)  A valid teaching certificate or credential from South Dakota or another state authorizing the holder to teach in the field of instruction being offered;

          (3)  Five years of full-time experience in a professional trade or technical occupation in the applicable field; or

          (4)  Any combination of at least five years of full-time applicable field experience and college level education.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:03.01.  Instructors. No instructor may teach prelicensing courses unless approved, by name, by the commission. However, a guest speaker may teach designated sections of a prelicensing course pursuant to § 20:74:03:03.02.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:03.02.  Application for approval of instructor -- Guest speakers exempt. An applicant for instructor approval shall apply on a form provided by the commission. A guest speaker is exempt from making application if requesting approval pursuant to § 20:74:03:03.03.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:03.03.  Utilization of guest speakers -- Résumé to accompany course application. A course provider may utilize guest speakers with expertise in a particular area in any approved course if an approved instructor is present at the time of the presentation. A course provider may, however, utilize a guest speaker without an approved instructor present with the prior written approval of the commission.

          An application for approval of a course utilizing guest speakers must include a résumé of each speaker.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:03.04.  Certificate of instructor approval -- Approval certificates not issued to guest speakers. The commission shall grant a certificate of approval for each instructor approved by the commission. A certificate of approval will not be issued to a guest speaker who makes application pursuant to § 20:74:03:03.03.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:04.  Educational facilities. Any provider of an approved course must have the classrooms and other facilities and personnel necessary to implement the program.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:05.  Instructional techniques. Classroom courses must be presented to students through interactive instructional techniques. Interactive instruction includes providing a student the opportunity for immediate exchange with an instructor in a classroom setting and immediate assessment and remediation through computer assisted or other audio or audiovisual interactive instruction. An instructor may not provide instruction primarily by having students read text material, listen to audio tapes, watch video tapes or films, or study questions similar to those on the state licensing examinations.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:06.  Approval of classroom instruction, distance education, or independent study course. The commission shall notify the applicant in writing of its decision to grant or deny approval prior to the anticipated date of offering the course. No applicant may accept students without the commission's approval.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:07.  Classroom hour. A classroom hour is a period of at least 50 minutes of actual classroom instruction. Additional study assignments are not counted as hours of classroom instruction.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:08.  Hours of instruction. No more than eight hours of instruction may be offered in one day.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:09.  Certificate of approval. The commission shall grant a certificate of approval for each course approved by the commission. The certificate is valid for three years.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:10.  Examination. A final examination must be given in each course. A copy of the final examination and the answers must be filed with the commission.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:11.  Reexamination. A candidate for a license who fails the final examination of a prelicensing course may retake the examination without retaking the prelicensing education.

          Source: 27 SDR 7, effective January 1, 2001; 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:12.  Schedule. A course provider shall furnish a schedule of all courses offered, including the date, time, and place where they will be offered, to the commission before the courses begin.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:13.  Auditing. The commission may audit courses. A course audit may include an examination of the facilities, instructional materials, instructional techniques and teaching aids utilized, organization and effect of the classroom presentation, accuracy of information provided, knowledge of subject matter, rapport established, and adherence to time requirements and course outline.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:14.  Withdrawal of course or instructor approval. If the commission at any time determines that an instructor or course is not continuing to meet the requirements of SDCL chapter 36-21C and this chapter, it shall immediately notify the course provider in writing detailing the deficiencies requiring correction. The approval by the commission shall continue 90 days from the date of the commission's written notice to the course provider, and if, at the expiration of that period, the course provider has failed to correct to the commission's satisfaction the deficiencies noted, the commission may withdraw approval of the instructor or course.

          If the commission disciplines an instructor who holds a home inspector license for acts committed as a licensee, the commission may also withdraw the instructor's approval as an instructor.

          Source: 27 SDR 7, effective January 1, 2001; 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          Cross-Reference: Procedure for a contested case, SDCL chapter 1-26.

          20:74:03:14.01.  Denial of course or instructor approval. The commission may deny approval of a home inspection course or instructor if it is determined that either is not in compliance with SDCL chapter 36-21C and this article. A person aggrieved by denial of approval by the commission may file a written request for a hearing pursuant to § 20:74:01:03.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:15.  Withdrawal of approval for inactivity. The commission may withdraw its approval for any course that has not been offered for at least one year.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:16.  Conditions for credit for alternative courses. A person may apply to the commission for credit for courses on home inspection based on satisfactory completion of a similar course at one of the following institutions:

          (1)  A regionally accredited college or university;

          (2)  A regionally accredited vocational school; or

          (3)  A course in a prelicensing education school or institute in a state that has statutorily mandated prelicensing education.

          Satisfactory completion of a course, for the purpose of this section, means attaining a passing grade in the course as determined by the instructor.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-5(3).

          20:74:03:17.  Application for credit for alternative courses. An application for credit under § 20:74:03:04 must be accompanied by an authenticated transcript from the college, university, vocational school, or prelicensing education school and a description of the course completed.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-5(3).

          20:74:03:18.  Credit for previously unapproved courses. A person completing a course, either classroom, distance education, or independent study, which has not received prior commission approval shall submit a complete list of the courses taken, the number of hours of study for each course, and the qualifications of the instructors and shall answer any additional questions which the commission may have regarding the course. After review of the information, the commission may approve the course and give the applicant credit for meeting all or a portion of the educational requirements imposed by SDCL chapter 36-21C.

          Source: 27 SDR 7, effective January 1, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:19.  Prelicensing education certificate of attendance. A course provider shall provide an individual certificate of attendance to each licensee upon completion of the prelicensing course. The certificate shall contain the licensee's name, the course title, the date, the location of the course, the number of approved credit hours, and the signature of the course provider or instructor. No certificate of attendance may be issued to a licensee who is absent for more than ten percent of the classroom hours.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:20.  Course provider reporting requirements. A course provider shall submit a list of participants to the commission within ten days after completion of a course. The course provider shall provide a course evaluation form to each licensee for completion and submit the completed course evaluations to the commission within ten days after completion of a course.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:21.  Preregistration allowed -- Notice of cancellation required. A course provider offering approved prelicensing education courses may require preregistration with a registration cutoff date. The requirement must be advertised prior to each course. The course provider must notify registrants if the course is cancelled. The notification must be made at least 48 hours before the time of the beginning of the course.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:22.  Application for approval of distance education or independent study course. A course provider desiring to give approved independent study or distance education courses to prospective real estate licensees shall apply on a form provided by the commission. The application must be filed with the commission at least 30 days before the course begins.

          The application form shall include the following information and enclosures:

          (1)  Name, address, and telephone number of the course provider;

          (2)  Course title;

          (3)  The specific subject matter requirement met by the course;

          (4)  The names of any instructor who will be available to answer student questions, the means of contact, and the hours of availability;

          (5)  The overall structure, functioning, and administration of the proposed course;

          (6)  A complete list of all lessons, modules, and learning objectives for each;

          (7)  An explanation of the remediation process which is in effect to accomplish mastery of material when specific deficiencies are identified; and

          (8)  A description of the procedures used to ensure exam security.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:23.  Additional requirements for distance education course offerings. In addition to the requirements of § 20:74:03:21, an application for approval of a distance education course must include the following:

          (1)  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

          (2)  An explanation of how the course measures, documents, and records that the student has engaged in the required interactive exercises, achieved the required level of mastery, and spent the required amount of time completing the course and how the course provides protection against loss of student data due to hardware or software failure or against inadvertent loss by the student.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:24.  Distance education defined. As used in this chapter, a distance education course is one in which instruction takes place in other than a traditional classroom setting, the instructor and student are in physically separate locations, and instructional methods include interactive video-based instruction, computer conferencing, interactive audio, interactive computer software, and internet-based instruction.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:25.  Independent study defined. As used in this chapter, an independent study is a course in which no interaction with an instructor is planned or implied as part of the learning process.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:26.  Standards for distance education. A distance education course must provide mastery of the material. The course must:

          (1)  Divide the material into major learning units, each of which is further divided into modules of instruction;

          (2)  Specify 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;

          (3)  Specify 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;

          (4)  Provide a means of diagnostic assessment of each student's performance on an ongoing basis during each module of instruction, including appropriate remediation if required; and

          (5)  Require that the student demonstrate adequate comprehension of all material covered by the learning objectives for the module or unit before completing that module or unit.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:27.  Criteria for distance education or independent study course approval. The commission may approve any prelicensing course that is provided by a public or private school, organization, person, corporation, society, or similar organization. The commission, when acting on an application for approval of a course, shall consider the following minimum criteria:

          (1)  The course provider must specify the learning objectives for each lesson and clearly demonstrate that the course covers the required subject matter. Objectives must be specific to ensure that all relative content is covered adequately to achieve mastery of the objectives;

          (2)  The course provider must demonstrate that the course includes the same or reasonably similar informational content as a course that would otherwise qualify for the requisite number of hours of classroom-based instruction, and that students must proceed through and demonstrate comprehension of all the material;

          (3)  If the course is a distance education course, it must include consistent and regular interactive events as appropriate to the medium. 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's learning objectives. The course approval submission must identify the types of interactive events included in the course and specify how the interactive events contribute to the achievement of the stated learning objectives;

          (4)  The course must require that the student demonstrate mastery of the learning objectives as designated for each lesson in order to successfully complete the lesson. The course must provide a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process. In independent study courses, this remediation may be accomplished by quizzes or other exercises with detailed rationales in the answer key provided to students;

          (5)  The course provider must measure, at regular intervals, the student's progress toward and completion of the mastery requirement of each lesson or module covering all the required subject matter. In the case of computer-based instruction, the course software must include automatic shutdown after a period of inactivity;

          (6)  The applicant must demonstrate that approved instructors are available to answer student questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, E-mail, and fax. Communication by written postal correspondence alone is insufficient to satisfy the requirements of this subdivision;

          (7)  The course provider shall provide reasonable security to ensure that the student who receives credit for the course is the student who enrolled in and completed the course. Both the school and the student must certify in writing that the student successfully completed the course; and

          (8)  The course provider must require that the student pass a comprehensive exam of 100 multiple-choice questions with a minimum passing score of 80 percent.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:28.  Student certification required. Any school offering an approved distance education or independent study course must obtain from each student a certification statement substantially as follows: "I certify that I have personally completed each assigned module of instruction for this course without the assistance of any person other than my instructor and that all work represented as being mine is in fact my own work."

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:29.  Material change. A course provider of an approved home inspection course shall immediately notify the commission of any material change contained in the application for approval or in the attached exhibits. A course provider may seek approval of a course subsequent to a course offering by submitting all information requested.

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(1).

          Law Implemented:SDCL 36-21C-6(1).

          20:74:03:30.  Classroom, distance education, and independent study course application fees. Course application fees include the following:

          Source: 28 SDR 28, effective September 2, 2001.

          General Authority:SDCL 36-21C-6(3).

          Law Implemented:SDCL 36-21C-6(1).