| (1) A record of all questions asked and the student's
(2) The name or identity number of the staff member
entering comments or revalidating the student.
(3) The name or identity number of the staff member
retesting the student.
(4) If any answer to a question is changed by the school
for a student who inadvertently missed a question, the school shall
provide both answers and a reasonable explanation for the change.
(5) A record of the time the student spent in each
unit of the AMI and the total instructional time the student spent
in the course.
(f) Additional requirements for AMI courses. Courses
delivered via the Internet or technology shall also comply with the
(1) Course identification. All AMI courses shall display
the driver education school name and license number assigned by the
department on the entity's website and the registration page used
by the student to pay any monies, provide any personal information,
(2) A driver education school offering an AMI course
may accept students redirected from another website as long as the
student is redirected to the webpage that clearly identifies the name
and license number of the school offering the AMI course. This information
shall be visible before and during the student registration and course
(g) Additional requirements for video courses.
(1) Delivery of the material. For AMIs delivered by
the use of videotape, digital video disc (DVD), film, or similar media,
the equipment and course materials may only be made available through
a process that is approved by the department.
(2) Video requirement. The video course shall include
between 60 and 640 minutes of video that is relevant to the required
topics such as video produced by other entities for training purposes,
including public safety announcements and B roll footage. The remainder
of the 1,760 minutes of required instruction shall be video material
that is relevant to required course instruction content.
(A) A video AMI shall ask, at a minimum, at least one
course validation question for each multimedia clip of more than 180
(B) A video AMI shall devise and submit for approval
a method for ensuring that a student correctly answers questions concerning
the multimedia clips of more than 180 seconds.
(h) Standards for AMIs using new technology. For AMIs
delivered using technologies that have not been previously reviewed
and approved by the department, the department may apply similar standards
as appropriate and may also require additional standards. These standards
shall be designed to ensure that the course can be taught by the alternative
method and that the alternative method includes testing and security
measures that are at least as secure as the methods available in the
usual classroom setting.
(i) Modifications to the AMI. Except as provided by
paragraph (1), a change to a previously approved AMI shall not be
made without the prior approval of the department. The licensed school
for the approved course on which the AMI is based shall ensure that
any modification to the AMI is implemented by all schools endorsed
to offer the AMI.
(1) A school may submit to the department a request
for immediate implementation of a proposed change that is insignificant
or that protects the interest of the consumer such that immediate
implementation is warranted. The request shall include:
(A) a complete description of the proposed change;
(B) the reason for the change;
(C) the reason the requestor believes the proposed
change is insignificant or protects the interest of the consumer such
that immediate implementation is warranted; and
(D) an explanation of how the change will maintain
the course or AMI in compliance with state law and the rules specified
in this chapter.
(2) The department may request additional information
regarding a proposed change from the school making a request under
(3) The department will respond to any request made
under paragraph (1), within five (5) working days of receipt.
(A) If the department determines that the proposed
change is insignificant or protects the interest of the consumer such
that immediate implementation is warranted, the requestor may immediately
implement the change. The licensed school for the approved course
on which the AMI is based shall ensure that the change is implemented.
(B) If the department determines that the proposed
change is neither insignificant nor protects the interest of the consumer
such that immediate implementation is warranted, the department shall
notify the requestor of that determination and the change may not
be made unless the department approves the change following a complete
(4) A determination by the department to allow immediate
implementation under paragraph (1), does not constitute final approval
by the department of the change. The department reserves the right
to conduct further review after the change is implemented and to grant
or deny final approval based on whether the change complies with state
law and rules specified in this chapter.
(5) If, following further review, a change in an AMI
that has been immediately implemented pursuant to paragraph (1), is
determined not to be in compliance with state law and rules specified
in this chapter, the department.
(A) shall notify the course provider affected by the
(i) the specific provisions of state law or rules with
which the AMI change is not in compliance; and
(ii) a reasonable date by which the AMI must be brought
(B) shall not, for the period between the implementation
of the change and the date specified under subparagraph (A)(ii):
(i) seek any penalty relating to the non-compliance;
(ii) take any action to revoke or deny renewal of a
license of a school or course provider based on the change; or
(iii) withdraw approval of a course or AMI based on
the change; and
(C) is not required to specify the method or manner
by which the school alters the AMI to come into compliance with state
law and the rules in this chapter.
(6) If the department allows immediate implementation
pursuant to paragraph (1), and later determines that the description
of the change or the request was misleading, materially inaccurate,
not substantially complete, or not made in good faith, paragraph (5)(B)
does not apply.
(7) A school who immediately implements a change pursuant
to paragraph (1) and fails to bring the AMI into compliance prior
to the date allowed under paragraph (5)(A)(ii) may be determined to
be in violation of state law or the rules in this chapter after that
(8) A school that immediately implements a change under
paragraph (1) assumes the risk of final approval being denied and
of being required to come into compliance with state law and the rules
in this chapter prior to the date allowed under paragraph (5)(A)(ii),
including bearing the cost of reversing the change or otherwise modifying
the AMI to come into compliance with state law and the rules in this
(j) Termination of the school's operation. Upon termination,
schools shall deliver any missing student data to the department within
five days of termination.
(k) Renewal of AMI approval. The AMI approval must
be renewed and updated to ensure timeliness every even-numbered year.
(1) For approval, the school shall update all the statistical
data, references to law, and traffic safety methodology with the latest
(2) The department may alter the due date of the renewal
documents by giving the approved AMI six months notice. The department
may alter the due date in order to ensure that the AMI is updated
six months after the effective date of new state laws passed by the
(l) Access to instructor and technical assistance.
The school must establish hours that the student may access the instructor
and for technical assistance. With the exception of circumstances
beyond the control of the school, the student shall have access to
the instructor and technical assistance during the specified hours.
(m) Enrollment guidelines. The AMI for driver education
classroom that desires to instruct students age 14 to under 25 years
of age shall provide the same beginning and ending dates for each
student in the same class of 36 or less. No student shall be allowed
to enroll and start the classroom phase after the sixth hour of classroom
instruction has been completed.
(n) Required training. The instructor must meet the
professional teaching standard established by a state licensing agency
or have academic credentials in the field in which he or she is teaching
and must have been trained to teach the AMI classroom driver education
course. Each instructor of an AMI classroom driver education course
offered by a driver education school must:
(1) have a ST, or DET driver education instructor license;
(2) successfully complete the appropriate professional
development course before teaching an AMI classroom driver education
|Source Note: The provisions of this §84.501 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective September 1, 2021, 46 TexReg 5394