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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 §84.501Driver Education Course Alternative Method of Instruction

    (B) Placement of questions. At least one personal validation question must appear in each major unit or section, not including the final examination.

    (C) Exclusion from the course. The AMI 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 provider 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.

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

  (1) Timers. The AMI must include built-in timers to ensure that 1,920 minutes of instruction have been attended and completed by the student.

  (2) Testing the student's participation in multimedia presentations. The AMI 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 AMI must have a test bank of at least four questions.

    (B) Question difficulty. The question must 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 AMI must either require the student to view the multimedia clip again or the AMI fails the student from the course. If the AMI requires the student to view the multimedia clip again, the AMI must present a different question from its test bank for that multimedia clip. The AMI may not repeat a question until it has asked all the questions from its test bank.

    (D) Answer identification. The AMI must not identify the correct answer to the multimedia question.

  (3) Mastery of course content. The AMI must test the student's mastery of the course content by asking questions from each of the modules listed in the program of organized instruction for driver education and traffic safety.

    (A) Test bank. The test bank for course content mastery questions must include at least:

      (i) 20 questions each from modules 1 and 8 listed in the POI-DE; and

      (ii) 10 questions each from the remaining modules.

    (B) Placement of questions. The mastery of course content questions must be asked at the end of each module.

    (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.

  (4) Repeat and retest options. The AMI may use the following options for students who fail an examination to show mastery of course content.

    (A) Repeat the failed module. If the student misses more than 30 percent of the questions asked on a module examination, the AMI must require that the student take the module again. The correct answer to missed questions may not be disclosed to the student (except as part of course content). At the end of the module, the AMI must again test the student's mastery of the material. The AMI must present different questions from its test bank until all the applicable questions have been asked. The student may repeat this procedure an unlimited number of times.

    (B) Retest the final examination. If the student misses more than 30 percent of the questions asked on the final examination, the AMI must retest the student in the same manner as the failed examination, using different questions from its test bank. If the student fails the same unit examination or the comprehensive final examination three times, the student fails the course.

(e) Student records. The AMI 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-authorized representative. The student records must contain all information required in §84.81 (relating to Recordkeeping Requirements) and the following information.

  (1) A record of all questions asked and the student's responses.

  (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 provider for a student who inadvertently missed a question, the provider must 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 must also comply with the following requirements.

  (1) Course identification. All AMI 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.

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

(g) Additional requirements for video courses.

  (1) Delivery of the material. For AMIs delivered using 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 must 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 must be video material that is relevant to required course instruction content.

    (A) A video AMI must ask, at a minimum, at least one course validation question for each multimedia clip of more than 180 seconds.

    (B) A video AMI must 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 must 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 must not be made without the prior approval of the department. The licensed provider for the approved course on which the AMI is based must ensure that any modification to the AMI is implemented by all providers endorsed to offer the AMI.

  (1) A 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 must 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 provider making a request under paragraph (1).

  (3) The department will respond to any request made under paragraph (1), within five (5) working days of receipt.

Cont'd...

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