Section 84.501 - Driver Education Course Alternative Method of Instruction(a) Approval process. The department may approve an alternative method whereby a driver education provider is approved to teach all or part of the classroom portion of a driver education course by an alternative method of instruction (AMI) that does not require students to be physically present in a classroom that meets the following requirements.(1) Standards for approval. The department may approve a driver education provider to teach all or part of the classroom portion of a driver education course by an AMI that does not require students to be present in a classroom only if: (A) the AMI includes testing and security measures that the department determines are at least as secure as the measures available in the usual classroom setting;(B) the course satisfies any other requirement applicable to a course in which the classroom portion is taught to students in the usual classroom setting;(C) a student and instructor are in different locations for a majority of the student's instructional period;(D) the AMI instructional activities are integral to the academic program; and(E) extensive communication between a student and instructor and among students is emphasized.(2) Application. The provider must submit a completed AMI application along with the appropriate fee. The application for AMI approval must be treated the same as an application for the approval of a driver education traditional course, and the AMI must deliver the curriculum as aligned with POI-DE.(3) Provider license required. A person or entity offering a classroom driver education course to Texas students by an AMI must hold a driver education provider license. The driver education provider is responsible for the operation of the AMI.(b) Course content. The AMI must deliver the same topics, sequence, and course content as the provider's approved traditional driver education course as established by the department in the POI-DE.(1) Course topics. The time requirements for the course content described in §84.500(b)(1)(C) shall be met.(2) Editing. The material presented in the AMI must be edited for grammar, punctuation, and spelling and be of such quality that it does not detract from the subject matter.(3) Irrelevant material. Advertisement of goods and services must not appear during the actual instructional times of the course. Distracting material that is not related to the topic being presented must not appear during the actual instructional times of the course.(4) Student breaks. The AMI is allowed five minutes of break per instructional hour for all phases, for a total of 160 minutes of break time. No more than ten minutes of break time may be accumulated for each two hours of instruction.(5) Minimum content. The AMI shall present sufficient instructional content so that it would take a student a minimum of 32 hours (1,920 minutes) to complete the course. A course that demonstrates that it contains 1,760 minutes of instructional content shall mandate that students take 160 minutes of break time or provide additional educational content for a total of 1,920 minutes (32 hours). In order to demonstrate that the AMI contains sufficient content, the AMI must use the following methods. (A) Word count. For written material that is read by the student, the total number of words in the written sections of the course must be divided by 180. The result is the time associated with the written material for the sections.(B) Multimedia presentations. There shall be a minimum of 120 minutes of multimedia presentation. The provider owner must calculate the total amount of time it takes for all multimedia presentations to play, not to exceed 640 minutes.(C) Charts and graphs. The AMI may assign one minute for each chart or graph.(D) Examinations. The provider owner 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, graphs, and breaks equals or exceeds the minimum 1,920 minutes, the AMI has demonstrated the required amount of content.(F) Alternate time calculation method. In lieu of the time calculation method, the AMI may submit alternate methodology to demonstrate that the AMI meets the minimum 32-hour requirement.(6) Academic integrity. The academic integrity of the AMI for a classroom driver education course must include:(A) goals and objectives that are measurable and clearly state what the participants should know or be able to do at the end of the course;(B) a clear, complete driver education classroom course overview and syllabus;(C) content and assignments that are of sufficient rigor, depth, and breadth to teach the standards being addressed;(D) literacy and communication skills that are incorporated and taught as an integral part of the AMI;(E) sufficient learning resources and materials to increase student success available to students before the AMI begins;(F) instruction requirements that are consistent with course goals, representative of the scope of the course, and clearly stated;(G) communication processes that are provided to students, parents, and mentors on how to communicate with the provider and instructor, including information on the process for these communications and for timely and frequent feedback about student progress;(H) information addressing issues associated with the use of copyrighted materials; and(I) if online, clearly stated academic integrity and Internet etiquette expectations regarding lesson activities, discussions, e-mail communications, and plagiarism.(7) Instructional design. Instructional design of AMI for classroom driver education must: (A) include a clear understanding of student needs and incorporate varied ways to learn and multiple levels of mastery of the curriculum;(B) ensure each lesson includes a lesson overview, objectives, resources, content and activities, assignments, and assessments to provide multiple learning opportunities for students to master the content;(C) include concepts and skills that students will retain over time;(D) include activities that engage students in active learning;(E) include the instructor engaging students in learning activities that address a variety of learning styles and preferences to master course content;(F) include instruction that provides opportunities for students to engage in higher-order thinking, critical-reasoning activities, and thinking in increasingly complex ways;(G) include a statement that notifies the student of the provider owner's security and privacy policy regarding student data, including personal and financial data; and(H) include assessment and assignment answers and explanations.(c) Personal validation. The AMI 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. (1) Provider- initiated method. Upon approval by the department, the AMI may use a method that includes testing and security measures that are at least as secure as the methods available in the traditional classroom setting.(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(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.(2) Third party data method. The online course must ask a minimum of 60 personal validation questions randomly throughout the course from a bank of at least 200 questions drawn from a third party data source.(A) Time to respond. The student must correctly answer the personal validation question within 90 seconds for questions presented over the Internet and 90 seconds for questions presented by telephone.(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.(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 provider for the approved course on which the AMI is based 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 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 AMI 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 provider affected by the change of:(i) the specific provisions of state law or rules with which the AMI change is not in compliance; and(ii) a reasonable date by which the AMI 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(iii) withdraw approval of a course or AMI based on the change; and(C) is not required to specify the method or manner by which the provider alters the AMI 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)(B) does not apply.(7) A provider who immediately implements a change pursuant to paragraph (1) and fails to bring the AMI 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 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 AMI to come into compliance with state law and the rules in this chapter.(j) Termination of the provider's operation. Upon termination, providers must deliver any missing student data to the department within five days of termination.(k) Renewal of AMI approval. The AMI approval must be renewed and updated to ensure timeliness every even-numbered year. (1) For approval, the provider must update all the statistical data, references to law, and traffic safety methodology with the latest available data.(2) The department may alter the due date of the renewal documents by giving the approved AMI six months notice. The department may alter the due date in order to ensure that the AMI is updated six months after the effective date of new state laws passed by the Texas Legislature.(l) Access to instructor and technical assistance. The provider must establish hours that the student may access an instructor trained in the classroom portion of the 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.(m) Enrollment guidelines. The AMI for driver education classroom that desires to instruct students age 14 to under 25 years of age must provide the same beginning and ending dates for each student in the same class of 36 or less. No student shall be allowed to enroll and start the classroom phase after the sixth hour of classroom instruction has been completed.(n) Required training. The driver education instructor must meet the professional teaching standard established by a state licensing agency or have academic credentials in the field in which he or she is teaching and must have been trained to teach the AMI classroom driver education course. Each instructor of an AMI classroom driver education course offered by a driver education provider must have a current driver education instructor license.16 Tex. Admin. Code § 84.501
Adopted by Texas Register, Volume 42, Number 12, March 24, 2017, TexReg 1418, eff. 4/1/2017; Amended by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6082, eff. 9/1/2020; Amended by Texas Register, Volume 46, Number 35, August 27, 2021, TexReg 5399, eff. 9/1/2021; Amended by Texas Register, Volume 48, Number 21, May 26, 2023, TexReg 2715, eff. 6/1/2023