| (1) Delivery of the material. For ADMs delivered by
the use of videotape, digital video disc (DVD), film, or similar media,
the equipment and program materials may only be made available through
a process that is approved by the department.
(2) Video requirement. In order to meet the video requirement
of §84.505(a)(1)(B)(v), the video course shall include between
60 and 150 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
300 minutes of required instruction shall be video material that is
relevant to one of the five substantive required topics and produced
by the ADM owner, course owner, or course provider specifically for
the ADM.
(A) A video ADM shall ask, at a minimum, at least one
program validation question for each multimedia clip of more than
180 seconds at the end of each major segment (chapter) of the ADM.
(B) A video ADM 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 presented during the
ADM.
(h) Standards for ADMs using new technology. For ADMs
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 program 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 traditional classroom setting.
(i) Modifications to the ADM. Except as provided by
paragraph (1), a change to a previously approved ADM shall not be
made without the prior approval of the department. The licensed course
provider for the approved program on which the ADM is based shall
ensure that any modification to the ADM is implemented by all schools
endorsed to offer the ADM.
(1) A course provider 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 program or ADM 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 course provider making a request
under paragraph (1).
(3) The department will respond to any request made
under paragraph (1), within five 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 course provider for the approved
program on which the ADM is based shall ensure that the change is
implemented by all schools endorsed to offer the ADM.
(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
review.
(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 ADM
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
change of:
(i) the specific provisions of state law or rules with
which the ADM change is not in compliance; and
(ii) a reasonable date by which the ADM must be brought
into compliance;
(B) shall require the course provider to notify any
school endorsed by the course provider of the finding;
(C) 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 program or ADM based on
the change; and
(D) is not required to specify the method or manner
by which the course provider alters the ADM 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)(C)
does not apply.
(7) A course provider who immediately implements a
change pursuant to paragraph (1) and fails to bring the ADM 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 date.
(8) A course provider 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 ADM to come into compliance with state law
and the rules in this chapter.
(j) Termination of the school's operation. Upon termination,
a school shall deliver any missing student data to the department
within five days of termination.
(k) Renewal of ADM approval. The ADM approval must
be renewed every even-numbered year.
(1) For approval, the course provider shall update
all the statistical data and references to law with the latest available
data.
(2) The department may alter the due date of the renewal
documents by giving the approved ADM six months' notice. The department
may alter the due date in order to ensure that the ADM is updated
six months after the effective date of new state laws passed by the
Texas Legislature.
(l) Access to instructor and technical assistance.
With the exception of circumstances beyond the control of the school,
the student shall have adequate access to both a licensed instructor
and technical assistance (help desk) throughout the program such that
the flow of instructional information is not delayed.
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| Source Note: The provisions of this §84.506 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 |
