| (C) Question difficulty. Course content mastery questions
must be short answer, multiple choice, essay, or a combination of
these forms, and of such difficulty that the answer may not be easily
determined without having participated in the actual instruction.
(4) Repeat and retest options. The ADM may use either
of the following options for students who fail an examination to show
mastery of course content, but may not use both in the same ADM.
(A) Repeat the failed unit. If the student misses more
than 30 percent of the questions asked on an examination, the ADM
must require that the student take the unit again. All timers must
be reset. The correct answer to missed questions may not be disclosed
to the student (except as part of course content). At the end of the
unit, the ADM must again test the student's mastery of the material.
The ADM 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 student. If the student misses more
than 30 percent of the questions asked on an examination, the ADM
must retest the student in the same manner as the failed examination,
using different questions from its test bank. The student is not required
to repeat the failed unit but may be allowed to do so prior to retaking
the examination. If the student fails the same unit examination or
the comprehensive final examination three times, the student fails
the course.
(e) Student records. The ADM 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. Each entry that verifies enrollment,
identifies the question asked or the response given, documents retesting
and/or revalidation, and documents any changes to the student's record
must include the date and time of the activity reported. The student
records must contain the following information.
(1) The student's name and driver's license number.
(2) A record of which personal validation questions
were asked and the student's responses.
(3) A record of which multimedia participation questions
were asked and the student's responses.
(4) The name or identity number of the staff member
entering comments, retesting, or revalidating the student.
(5) If any answer to a question is changed by the driving
safety provider for a student who inadvertently missed a question,
the provider must provide both answers and a reasonable explanation
for the change.
(6) A record of the course content mastery questions
asked and the answers given.
(7) A record of the time the student spent in each
unit of the ADM and the total instructional time the student spent
in the course.
(8) The provider must also ensure that the student
record is readily, securely, and reliably available for inspection
by the department.
(f) Additional requirements for ADM courses. Courses
delivered via the Internet must also comply with the following requirements.
(1) Course identification. All ADM courses must display
the driving safety 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 driving safety provider offering a driving safety
course through ADM may accept students redirected from another website
if the student is redirected to the webpage that clearly identifies
the names and license numbers of the provider offering the ADM. This
information must be visible before and during the student registration
and course payment processes.
(3) Domain names. Each provider offering a driving
safety course through ADM must offer that ADM from a single domain.
(g) Additional requirements for video courses.
(1) Delivery of the material. For ADMs delivered using
videotape, digital video disc (DVD), film, or similar media, the equipment
and course materials may only be made available through a department
approved process.
(2) Video requirement. In order to meet the video requirement
of §84.502(a)(1)(B)(v), the video course must 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 must be video material that is
relevant to the required topics and produced specifically for the
ADM.
(A) A video ADM must ask at least one course 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 must devise and submit for approval
a method for ensuring that a student correctly answers questions concerning
multimedia clips consisting of more than 60 seconds in length 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
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
traditional classroom setting.
(i) Modifications to the ADM. Except as provided by
paragraph (1) of this subsection, a change to a previously approved
ADM must not be made without the prior approval of the department.
(1) A driving safety provider may submit to the department
a written 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 written request
must include:
(A) a complete description of the proposed change;
(B) the reason for the change;
(C) the reason the provider 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 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 driving safety 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 driving safety provider must 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 must
notify the provider 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) must notify the 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) must 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 provider based on the change; or
Cont'd... |
