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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) Instructor license required. Students must receive classroom instruction from a licensed driver education instructor.

      (iii) Minimum course content. The driver education course exclusively for adults must consist of six clock hours of classroom instruction that meets the minimum course content and instruction requirements contained in the POI-Adult Six-Hour.

      (iv) Course management. An approved adult driver education course must be presented in compliance with the following guidelines.

        (I) The instructor must be physically present in appropriate proximity to the student for the type of instruction being given. A licensed driver education instructor, or provider owner must sign or stamp all completed classroom instruction records.

        (II) A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent must be furnished to each student enrolled in the course.

        (III) Self-study assignments, videos, tape recordings, guest speakers, and other instructional media that present topics required in the course must not exceed 150 minutes of instruction.

        (IV) Each student, including makeup students, must be provided their own seat and table or desk while receiving classroom instruction. A provider must not enroll more than 36 students, excluding makeup students, and the number of students may not exceed the number of seats and tables or desks available at the provider's location.

        (V) All classroom instruction, including makeup work, must be completed within the timelines stated in the original student contract.

        (VI) A minimum of 330 minutes of instruction is required.

        (VII) The total length of the course must consist of a minimum of 360 minutes.

        (VIII) Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content.

        (IX) Students must not receive a driver education certificate of completion unless that student receives a grade of at least 70 percent on the highway signs examination and at least 70 percent on the traffic laws examination as required under Texas Transportation Code, §521.161.

        (X) The driver education provider must make a material effort to establish the identity of the student.

    (B) Online approval process. The department may approve a driver education course exclusively for adults to be offered online if the course meets the following requirements.

      (i) Application. The applicant for an online driver education provider license must submit a completed application along with the appropriate fee.

      (ii) Request for approval. The request for approval must include a syllabus cross-reference, contract, and instructional records.

      (iii) Online Provider license required. A person or entity offering an online driver education course exclusively for adults must hold an online driver education provider license.

        (I) The online driver education provider must be responsible for the operation of the online course.

        (II) Students must receive classroom instruction from a licensed driver education instructor.

      (iv) Course content. The online course must meet the requirements of the course identified in §1001.1015 of the Code.

        (I) Course topics. The course requirements described in the POI-Adult Six-Hour must be met.

        (II) Length of course. The course must be six hours in length, which is equal to 360 minutes. A minimum of 330 minutes of instruction must be provided. Thirty minutes of time, exclusive of the 330 minutes of instruction, must be dedicated to break periods or to the topics included in the minimum course content. All break periods must be provided after instruction has begun and before the comprehensive examination and summation.

        (III) Required material. A copy of the current edition of the "Texas Driver Handbook" or study material that is equivalent must be furnished to each student enrolled in the course.

        (IV) Editing. The material presented in the online course must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.

        (V) Irrelevant material. Advertisement of goods and services, and distracting material not related to driver education must not appear during the actual instructional times of the course.

        (VI) Minimum content. The online course must present sufficient content so that it would take a student 360 minutes to complete the course. In order to demonstrate that the online course contains sufficient minutes of instruction, the online course must use the following methods.

          (-a-) Word count. For written material that is read by the student, the course must contain the total number of words in the written sections of the course. This word count must be divided by 180, the average number of words that a typical student reads per minute. The result is the time associated with the written material for the sections.

          (-b-) Multimedia presentations. For multimedia presentation, the online course must calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 150 minutes.

          (-c-) Charts and graphs. The online course may assign one minute for each chart or graph.

          (-d-) Time allotment for questions. The online course may allocate up to 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.

          (-e-) Total time calculation. If the sum of the time associated with the written course material, the total amount of time for all multimedia presentations, and the time associated with all charts and graphs equals or exceeds 330 minutes, the online course has demonstrated the required amount of minimum content.

          (-f-) Alternate time calculation method. In lieu of the time calculation method, the online course may submit alternate methodology to demonstrate that the online course meets the 330-minute requirement.

      (v) Personal validation. The online course must maintain a method to validate the identity of the person taking the course. The personal validation system must incorporate one of the following requirements.

        (I) Provider-initiated method. Upon approval by the department, the online course may use a method that includes testing and security measures that validate the identity of the person taking the course. The method must meet the following criteria.

          (-a-) Time to respond. The student must correctly answer a personal validation question within 90 seconds.

          (-b-) Placement of questions. At least two personal validation questions must appear randomly during each instructional hour, not including the final examination.

          (-c-) Exclusion from the course. The online course must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

          (-d-) Correction of answer. The online course may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.

        (II) Third party data method. The online course must ask a minimum of twelve (12) personal validation questions randomly throughout the course from a bank of at least twenty (20) questions drawn from a third party data source. The method must meet the following criteria.

          (-a-) Time to respond. The student must correctly answer a personal validation question within 90 seconds.

          (-b-) Placement of questions. At least two personal validation questions must appear randomly during each instructional hour, not including the final examination.

          (-c-) Exclusion from the course. The online course must exclude the student from the course after the student has incorrectly answered more than 30 percent of the personal validation questions.

          (-d-) Correction of answer. The online course may correct an answer to a personal validation question for a student who inadvertently missed a personal validation question. In such a case, the student record must include a record of both answers and an explanation of the reasons why the answer was corrected.

      (vi) Content validation. The online course must incorporate a course content validation process that verifies student participation and comprehension of course material, including the following.

        (I) Timers. The online course must include built-in timers to ensure that 330 minutes of instruction have been attended and completed by the student.

Cont'd...

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