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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 84DRIVER EDUCATION AND SAFETY
SUBCHAPTER MCURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION
RULE §84.500Courses of Instruction for Driver Education Providers

        (II) Testing the student's participation in multimedia presentations. The online course must ask at least one course validation question following each multimedia clip of more than 180 seconds.

          (-a-) Test bank. For each multimedia presentation that exceeds 180 seconds, the online course must have a test bank of at least four questions.

          (-b-) Question difficulty. The question shall be short answer, multiple choice, essay, or a combination of these forms. The question must be difficult enough that the answer may not be easily determined without having viewed the actual multimedia clip.

          (-c-) Failure criteria. If the student fails to answer the question correctly, the online course must require the student to view the multimedia clip again. The online course must then present a different question from its test bank for that multimedia clip. The online course may not repeat a question until it has asked all the questions from its test bank.

          (-d-) Answer identification. The online course must not identify the correct answer to the multimedia question.

        (III) Course participation questions. The online course must test the student's course participation by asking at least two questions each from Chapter Four, Topics Two through Eight in the POI-Adult Six Hour.

          (-a-) Test bank. The test bank for course participation questions must include at least ten questions each from Chapter Four, Topics Two through Eight in the POI-Adult Six-Hour.

          (-b-) Placement of questions. The course participation questions must be asked at the end of the major unit or section in which the topic is covered.

          (-c-) Question difficulty. Course participation questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

        (IV) Comprehension of course content. The online course must test the student's mastery of the course content by administering at least 30 questions covering the highway signs and traffic laws required under Texas Transportation Code, §521.161.

          (-a-) Test banks (two). Separate test banks for course content mastery questions are required for the highway signs and traffic laws examination as required under Texas Transportation Code, §521.161, with examination questions drawn equally from each.

          (-b-) Placement of questions. The mastery of course content questions must be asked at the end of the course (comprehensive final examination).

          (-c-) Question difficulty. Course content mastery questions must be of such difficulty that the answer may not be easily determined without having participated in the actual instruction.

      (vii) Retest the student. If the student misses more than 30 percent of the questions asked on an examination, the online course must retest the student using different questions from its test bank. The student is not required to repeat the course, but may be allowed to review the course prior to retaking the examination. If the student fails the comprehensive final examination three times, the student fails the course.

      (viii) Student records. The online course must provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and the testing of the student's mastery of the course material. The provider must ensure that the student record is readily, securely, and reliably available for inspection by a department representative. The student records must contain the following information:

        (I) the student's first, middle, and last name;

        (II) the student's date of birth and gender;

        (III) a record of all questions asked and the student's responses;

        (IV) the name or identity number of the staff member entering comments, retesting, or revalidating the student;

        (V) both answers and a reasonable explanation for the change if any answer to a question is changed by the provider for a student who inadvertently missed a question; and

        (VI) a record of the time the student spent in each unit and the total instructional time the student spent in the course.

      (ix) Waiver of certain education and examination requirements. A licensed driver education instructor must determine that the student has successfully completed and passed a driver education course exclusively for adults prior to waiving the examination requirements of the highway sign and traffic law parts of the examination required under Texas Transportation Code, §521.161, and signing the ADE-1317 driver education completion certificate.

      (x) Age requirement. A person must be at least 18 years of age to enroll in a driver education course exclusively for adults.

      (xi) Issuance of certificate. Not later than the 15th working day after the course completion date, the provider must issue an ADE-1317 driver education certificate only to a person who successfully completes an approved online driver education course exclusively for adults.

      (xii) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the adult driver education curriculum, and for technical assistance. With the exception of circumstances beyond the control of the provider, the student must have access to the instructor and technical assistance during the specified hours.

      (xiii) Additional requirements for online courses. Courses delivered via the Internet or technology must also comply with the following requirements.

        (I) Re-entry into the course. An online course may allow the student re-entry into the course by username and password authentication or other means that are as secure as username and password authentication.

        (II) Navigation. The student must be provided orientation training to ensure easy and logical navigation through the course. The student must be allowed to freely browse previously completed material.

        (III) Audio-visual standards. The video and audio must be clear and, when applicable, the video and audio must be synchronized.

        (IV) Course identification. All online courses must display the driver education provider 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, and enroll.

        (V) Domain names. Each provider offering an online course must offer that online course from a single domain.

        (VI) A driver education provider offering an online course may accept students redirected from a website as long as the student is redirected to the webpage that clearly identifies the name and license number of the provider offering the online course. This information must be visible before and during the student registration and course payment processes.

  (3) Compliance with Texas Transportation Code, §521.1601. Persons age 18 to under 25 years of age must successfully complete either a minor and adult driver education course or the driver education course exclusively for adults. Partial completion of either course does not satisfy the requirements of rule or law.

  (4) Issuance of certificate. A licensed provider or instructor may not issue an ADE-1317 adult driver education certificate to a person who is not at least 18 years of age.


Source Note: The provisions of this §84.500 adopted to be effective April 1, 2017, 42 TexReg 1400; amended to be effective March 15, 2018, 43 TexReg 1431; amended to be effective July 1, 2018, 43 TexReg 3875; amended to be effective March 15, 2020, 45 TexReg 1698; amended to be effective September 1, 2020, 45 TexReg 6069; amended to be effective September 1, 2021, 46 TexReg 5394; amended to be effective May 1, 2022, 47 TexReg 2522; amended to be effective June 1, 2023, 48 TexReg 2702

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