16 Tex. Admin. Code § 84.501 - Driver Education Course Alternative Method of Instruction
(a) Approval
process. The department may approve an endorsement for 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
adequately secure to ensure course content and personal validation;
(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;
(D) the AMI
instructional activities are integral to the academic program; and
(E) adequate 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 the 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, instruction requirements,
and course content as required by the department in the POI-DE.
(1) 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.
(2) 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.
(3) Student breaks. The AMI is allowed five
minutes of break per instructional hour for all phases, for a total of 120
minutes of break time. No more than ten minutes of break time may be
accumulated for each two hours of instruction.
(4) Minimum content. The AMI shall present
sufficient instructional content so that it would take a student a minimum of
24 hours (1,440 minutes) to complete the course. A course that demonstrates
that it contains 1,320 minutes of instructional content shall mandate that
students take 120 minutes of break time or provide additional educational
content for a total of 1,440 minutes (24 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 90 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 720 minutes.
(C) Charts and graphs. The AMI may assign one
minute for each chart or graph.
(D)
Time Allotment for Questions. 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 allotted for all charts, graphs, questions, and breaks equals or exceeds
the minimum 1,440 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 24-hour
requirement.
(5)
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
sufficient to teach the standards being addressed; and
(D) if online, clearly stated academic
integrity and Internet etiquette expectations regarding lesson activities,
discussions, e-mail communications, and plagiarism.
(6) Instructional design. Instructional
design of AMI for classroom driver education must:
(A) 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;
(B) include
instruction that provides opportunities for students to engage in higher-order
thinking, critical-reasoning activities, and thinking in increasingly complex
ways;
(C) 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
(D) include assessment and assignment
answers.
(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. The AMI may use a method that includes testing and
security measures that are at least as secure as the methods available in the
in-person classroom.
(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.
(3) Multifactor authentication method. The
AMI may use a multifactor or two-factor authentication for personal validation.
(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 may include
built-in timers to ensure that 1,440 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 Module One 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 no more than 720 minutes of multimedia 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
1,440 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. The licensed provider for the approved course on
which the AMI is based must ensure that any modification to the AMI is
consistent with applicable law, department rules and the POI-DE.
(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) 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. Except for circumstances beyond the control of the
provider, the student must have access to the instructor and technical
assistance during the specified hours.
(l) Enrollment guidelines. The AMI for driver
education classroom that desires to instruct students age 14 and over must
provide the same beginning date 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 fifth hour of classroom instruction has been completed.
Notes
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